Florida Senate - 2015                                  SB 2516-A
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00020-15A                                         20152516A__
    1                        A bill to be entitled                      
    2         An act relating to the implementation of the water and
    3         land conservation constitutional amendment;
    4         terminating certain trust funds within the Department
    5         of Environmental Protection, the Department of
    6         Agriculture and Consumer Services, and the Fish and
    7         Wildlife Conservation Commission; providing for the
    8         disposition of balances in the trust funds; requiring
    9         the Department of Environmental Protection to pay all
   10         outstanding debts or obligations of the terminated
   11         trust funds; requiring the Chief Financial Officer to
   12         close out and remove the terminated trust funds from
   13         the various state accounting systems; amending s.
   14         17.61, F.S.; requiring moneys in land acquisition
   15         trust funds created or designated to receive funds
   16         under s. 28, Art. X of the State Constitution to be
   17         retained in those trust funds; repealing s. 161.05301,
   18         F.S., relating to beach erosion control project
   19         staffing; amending s. 161.054, F.S.; redirecting
   20         certain proceeds from the Ecosystem Management and
   21         Restoration Trust Fund to the Florida Coastal
   22         Protection Trust Fund; amending s. 161.091, F.S.;
   23         authorizing disbursements from the Land Acquisition
   24         Trust Fund for the beach management plan; amending s.
   25         201.0205, F.S.; conforming provisions to changes made
   26         by the act; amending s. 201.15, F.S.; revising and
   27         deleting distributions of the tax; providing that
   28         specified distributions to the Land Acquisition Trust
   29         Fund are not subject to the service charge under s.
   30         215.20, F.S.; revising the purposes for which
   31         distributions may be used; amending s. 211.3103, F.S.;
   32         authorizing a percentage of proceeds from the
   33         phosphate rock excise tax to be credited to the State
   34         Park Trust Fund; amending s. 215.20, F.S.; conforming
   35         provisions to changes made by the act; amending s.
   36         215.618, F.S.; authorizing Florida Forever bonds to be
   37         issued to finance or refinance the acquisition and
   38         improvement of land, water areas, and related property
   39         interests; amending ss. 215.619, 253.027, and 253.03,
   40         F.S.; conforming provisions to changes made by the
   41         act; amending s. 253.034, F.S.; requiring proceeds
   42         from the sale of surplus conservation lands before a
   43         certain date to be deposited into the Florida Forever
   44         Trust Fund and after such date under certain
   45         circumstances into the Land Acquisition Trust Fund;
   46         prohibiting more than a certain amount of funds to be
   47         expended from the Land Acquisition Trust Fund for
   48         funding a certain contractual arrangement; amending s.
   49         253.7824, F.S.; conforming provisions to changes made
   50         by the act; amending s. 258.435, F.S.; requiring
   51         moneys received in trust by the Department of
   52         Environmental Protection relating to aquatic preserves
   53         to be deposited into the Grants and Donations Trust
   54         Fund; amending s. 259.032, F.S.; conforming provisions
   55         affected by the termination of the Conservation and
   56         Recreation Lands Trust Fund; authorizing state
   57         agencies designated to manage lands acquired with
   58         funds deposited into the Land Acquisition Trust Fund
   59         to contract with local governments and soil and water
   60         conservation districts to assist in management
   61         activities; amending s. 259.035, F.S.; requiring the
   62         Acquisition and Restoration Council to develop rules
   63         defining specific criteria and numeric performance
   64         measures needed for lands acquired with funds
   65         deposited into the Land Acquisition Trust Fund
   66         pursuant to s. 28(a), Art. X of the State
   67         Constitution; requiring the proposed rules to be
   68         submitted to the Legislature for consideration;
   69         requiring recipients of funds from the Land
   70         Acquisition Trust Fund to annually report to the
   71         Division of State Lands; requiring the council to
   72         consider and evaluate in writing each project proposed
   73         for acquisition using such funds and ensure that each
   74         proposed project meets the requirements of s. 28, Art.
   75         X of the State Constitution; amending ss. 259.036,
   76         259.037, 259.04, and 259.041, F.S.; conforming cross
   77         references; amending s. 259.101, F.S.; conforming
   78         provisions affected by the termination of the
   79         Preservation 2000 Trust Fund; requiring agencies and
   80         water management districts that acquired lands using
   81         Preservation 2000 funds to make them available for
   82         public recreational use; requiring water management
   83         districts and the department to control the growth of
   84         nonnative invasive plant species on certain lands;
   85         amending s. 259.105, F.S.; deleting obsolete
   86         provisions; conforming cross-references; prohibiting
   87         more than a certain amount of funds to be expended
   88         from the Land Acquisition Trust Fund for funding a
   89         certain contractual arrangement; amending s. 259.1051,
   90         F.S.; conforming cross-references; amending ss.
   91         338.250, 339.0801, 339.55, 341.303, 343.58, 369.252,
   92         373.026, and 373.089, F.S.; conforming provisions to
   93         changes made by the act; amending s. 373.129, F.S.;
   94         requiring certain civil penalties to be deposited into
   95         the Water Quality Assurance Trust Fund; amending ss.
   96         373.1391 and 373.199, F.S.; conforming provisions to
   97         changes made by the act; amending s. 373.430, F.S.;
   98         requiring certain moneys to be deposited into the
   99         Florida Permit Fee Trust Fund rather than the
  100         Ecosystem Management and Restoration Trust Fund;
  101         amending ss. 373.459, 373.4592, 373.45926, 373.470,
  102         and 373.584, F.S.; conforming provisions to changes
  103         made by the act; amending s. 373.59, F.S.; conforming
  104         provisions affected by the termination of the Water
  105         Management Lands Trust Fund; amending s. 373.5905,
  106         F.S.; conforming a cross-reference; amending ss.
  107         373.703 and 375.031, F.S.; conforming provisions to
  108         changes made by the act; amending s. 375.041, F.S.;
  109         designating the Land Acquisition Trust Fund within the
  110         Department of Environmental Protection for receipt of
  111         certain documentary stamp tax revenues for the
  112         prescribed uses of s. 28, Art. X of the State
  113         Constitution; providing priority for the use of moneys
  114         in the trust fund; requiring agencies receiving
  115         transfers of moneys from the fund to maintain the
  116         integrity of such funds; amending s. 375.044, F.S.;
  117         conforming provisions to changes made by the act;
  118         repealing s. 375.045, F.S., relating to the Florida
  119         Preservation 2000 Trust Fund; amending s. 375.075,
  120         F.S.; conforming provisions to changes made by the
  121         act; amending s. 376.11, F.S.; revising the funds
  122         required to be deposited into the Florida Coastal
  123         Protection Trust Fund and the purposes for which such
  124         funds may be used; amending s. 376.123, F.S.;
  125         conforming a cross-reference; amending s. 376.307,
  126         F.S.; revising the funds required to be deposited into
  127         the Water Quality Assurance Trust Fund and the
  128         purposes for which such funds may be used; amending s.
  129         376.40, F.S.; conforming a cross-reference; repealing
  130         s. 379.202, F.S., relating to the Conservation and
  131         Recreation Lands Program Trust Fund of the Fish and
  132         Wildlife Conservation Commission; amending s. 379.206,
  133         F.S.; requiring grants and donations from development
  134         of-regional-impact wildlife mitigation contributions
  135         to be credited to the Grants and Donations Trust Fund;
  136         amending s. 379.212, F.S.; providing that the Land
  137         Acquisition Trust Fund within the Fish and Wildlife
  138         Conservation Commission shall be used to implement s.
  139         28, Art. X of the State Constitution; authorizing the
  140         department to transfer certain funds; requiring the
  141         commission to maintain the integrity of such funds;
  142         providing for the transfer of certain funds; amending
  143         s. 379.214, F.S.; conforming provisions to changes
  144         made by the act; amending s. 379.362, F.S.; requiring
  145         the Department of Agriculture and Consumer Services to
  146         use funds appropriated from the Land Acquisition Fund
  147         within the Department of Environmental Protection to
  148         fund certain oyster management and restoration
  149         programs; amending s. 380.0666, F.S.; conforming
  150         provisions to changes made by the act; repealing s.
  151         380.0677, F.S., relating to the Green Swamp Land
  152         Authority; amending s. 380.507, F.S.; conforming
  153         provisions to changes made by the act; amending s.
  154         380.508, F.S.; requiring certain funds to be credited
  155         to or deposited into the Internal Improvement Trust
  156         Fund; requiring funds over and above eligible project
  157         costs to be deposited into the Florida Forever Trust
  158         Fund rather than the Florida Communities Trust Fund;
  159         amending s. 380.510, F.S.; requiring certain funds
  160         collected under a grant or loan agreement to be
  161         deposited into the Internal Improvement Trust Fund
  162         rather than the Florida Communities Trust Fund;
  163         requiring the deed or lease of any real property
  164         acquired with certain funds to contain covenants and
  165         restrictions sufficient to ensure that the use of such
  166         real property complies with s. 28, Art. X of the State
  167         Constitution; repealing s. 380.511, F.S., relating to
  168         the Florida Communities Trust Fund; amending s.
  169         403.0615, F.S.; conforming provisions to changes made
  170         by the act; amending ss. 403.08601 and 403.121, F.S.;
  171         requiring certain funds to be deposited into the Water
  172         Quality Assurance Trust Fund rather than the Ecosystem
  173         Management and Restoration Trust Fund; repealing s.
  174         403.1651, F.S., relating to the Ecosystem Management
  175         and Restoration Trust Fund; amending s. 403.885, F.S.;
  176         conforming provisions to changes made by the act;
  177         repealing s. 403.8911, F.S., relating to the annual
  178         appropriation from the Water Protection and
  179         Sustainability Program Trust Fund; amending s.
  180         403.9325, F.S.; redefining the term “public lands set
  181         aside for conservation or preservation” to include
  182         lands and interests acquired with funds deposited into
  183         the Land Acquisition Trust Fund; amending s.
  184         403.93345, F.S.; redefining the term “fund” to mean
  185         the Water Quality Assurance Trust Fund; requiring
  186         certain funds to be deposited into the Water Quality
  187         Assurance Trust Fund rather than the Ecosystem
  188         Management and Restoration Trust Fund; amending ss.
  189         420.5092 and 420.9073, F.S.; conforming provisions to
  190         changes made by the act; repealing s. 570.207, F.S.,
  191         relating to the Conservation and Recreation Lands
  192         Program Trust Fund of the Department of Agriculture
  193         and Consumer Services; amending s. 570.321, F.S.;
  194         conforming provisions to changes made by the act;
  195         amending s. 570.71, F.S.; excluding funds from the
  196         Land Acquisition Trust Fund from being deposited into
  197         the Incidental Trust Fund under certain circumstances;
  198         amending s. 895.09, F.S.; conforming provisions to
  199         changes made by the act; making technical changes;
  200         reenacting s. 339.2818(6), F.S., relating to the Small
  201         County Outreach Program, s. 339.2819(5), F.S.,
  202         relating to the Transportation Regional Incentive
  203         Program, s. 339.61(3), F.S., relating to the Florida
  204         Strategic Intermodal System, s. 341.051(6), F.S.,
  205         relating to the New Starts Transit Program, s.
  206         373.470(4)(e), F.S., relating to debt service for
  207         Everglades restoration bonds, and s. 420.9079(1),
  208         F.S., relating to the Local Government Housing Trust
  209         Fund, to incorporate the amendment made by this act to
  210         s. 201.15, F.S., in references thereto; reenacting s.
  211         258.015(3)(b), F.S., relating to funds available to
  212         citizen support organizations, to incorporate the
  213         amendment made by this act to s. 375.041, F.S., in a
  214         reference thereto; reenacting s. 287.0595(2), F.S.,
  215         relating to Department of Environmental Protection’s
  216         authority to adopt certain pollution response rules,
  217         to incorporate the amendment made by this act to s.
  218         376.307, F.S., in a reference thereto; providing
  219         effective dates.
  220          
  221  Be It Enacted by the Legislature of the State of Florida:
  222  
  223         Section 1. (1) The following trust funds within the
  224  Department of Environmental Protection are terminated:
  225         (a) The Florida Preservation 2000 Trust Fund, FLAIR number
  226  37-2-332.
  227         (b) The Florida Communities Trust Fund, FLAIR number 37-2
  228  244.
  229         (c) The Ecosystem Management and Restoration Trust Fund,
  230  FLAIR number 37-2-193.
  231         (d) The Water Management Lands Trust Fund, FLAIR number 37
  232  2-776.
  233         (e) The Conservation and Recreation Lands Trust Fund, FLAIR
  234  number 37-2-131.
  235         (2)(a) All current balances remaining in the Florida
  236  Communities Trust Fund and the Florida Preservation 2000 Trust
  237  Fund shall be transferred to the Florida Forever Trust Fund,
  238  FLAIR number 37-2-348.
  239         (b) All current balances remaining in the Ecosystem
  240  Management and Restoration Trust Fund, the Water Management
  241  Lands Trust Fund, and the Conservation and Recreation Lands
  242  Trust Fund shall be transferred to the Water Quality Assurance
  243  Trust Fund, FLAIR number 37-2-780.
  244         (3) The Department of Environmental Protection shall pay
  245  all outstanding debts or obligations of the terminated trust
  246  funds as required, and the Chief Financial Officer shall close
  247  out and remove the terminated trust funds from the various state
  248  accounting systems using generally accepted accounting
  249  principles concerning warrants outstanding, assets, and
  250  liabilities.
  251         Section 2. (1) The Conservation and Recreation Lands
  252  Program Trust Fund, FLAIR number 42-2-931, within the Department
  253  of Agriculture and Consumer Services is terminated.
  254         (2) The Department of Agriculture and Consumer Services
  255  shall pay any outstanding debts or obligations of the terminated
  256  trust fund as soon as practicable, and the Chief Financial
  257  Officer shall close out and remove that terminated trust fund
  258  from the various state accounting systems using generally
  259  accepted accounting principles concerning warrants outstanding,
  260  assets, and liabilities.
  261         Section 3. (1) The Conservation and Recreation Lands
  262  Program Trust Fund, FLAIR number 72-2-931, within the Fish and
  263  Wildlife Conservation Commission is terminated.
  264         (2) The Fish and Wildlife Conservation Commission shall pay
  265  any outstanding debts or obligations of the terminated trust
  266  fund as soon as practicable, and the Chief Financial Officer
  267  shall close out and remove that terminated trust fund from the
  268  various state accounting systems using generally accepted
  269  accounting principles concerning warrants outstanding, assets,
  270  and liabilities.
  271         Section 4. Paragraph (e) is added to subsection (3) of
  272  section 17.61, Florida Statutes, to read:
  273         17.61 Chief Financial Officer; powers and duties in the
  274  investment of certain funds.—
  275         (3)
  276         (e) Moneys in any land acquisition trust fund created or
  277  designated to receive funds under s. 28, Art. X of the State
  278  Constitution may not be invested as provided in this section,
  279  but shall be retained in those trust funds, with the interest
  280  appropriated to the General Revenue Fund, as provided in s.
  281  17.57.
  282         Section 5. Section 161.05301, Florida Statutes, is
  283  repealed.
  284         Section 6. Subsection (3) of section 161.054, Florida
  285  Statutes, is amended to read:
  286         161.054 Administrative fines; liability for damage; liens.—
  287         (3) The imposition of a fine or an award of damages
  288  pursuant to this section shall create a lien upon the real and
  289  personal property of the violator, enforceable by the department
  290  as are statutory liens under chapter 85. The proceeds of such
  291  fines and awards of damages shall be deposited in the Florida
  292  Coastal Protection Ecosystem Management and Restoration Trust
  293  Fund.
  294         Section 7. Subsections (1) and (3) of section 161.091,
  295  Florida Statutes, are amended to read:
  296         161.091 Beach management; funding; repair and maintenance
  297  strategy.—
  298         (1) Subject to such appropriations as the Legislature may
  299  make therefor from time to time, disbursements from the Land
  300  Acquisition Ecosystem Management and Restoration Trust Fund may
  301  be made by the department in order to carry out the proper state
  302  responsibilities in a comprehensive, long-range, statewide beach
  303  management plan for erosion control; beach preservation,
  304  restoration, and nourishment; and storm and hurricane protection
  305  and other activities authorized for beaches and shores pursuant
  306  to s. 28, Art. X of the State Constitution. Legislative intent
  307  in appropriating such funds is for the implementation of those
  308  projects that contribute most significantly to addressing the
  309  state’s beach erosion problems.
  310         (3) In accordance with the intent expressed in s. 161.088
  311  and the legislative finding that erosion of the beaches of this
  312  state is detrimental to tourism, the state’s major industry,
  313  further exposes the state’s highly developed coastline to severe
  314  storm damage, and threatens beach-related jobs, which, if not
  315  stopped, may significantly reduce state sales tax revenues,
  316  funds deposited into the State Treasury to the credit of the
  317  Land Acquisition Ecosystem Management and Restoration Trust
  318  Fund, in the annual amounts provided in s. 201.15, shall be
  319  used, for a period of not less than 15 years, to fund the
  320  development, implementation, and administration of the state’s
  321  beach management plan, as provided in ss. 161.091-161.212 and as
  322  authorized in s. 28, Art. X of the State Constitution, prior to
  323  the use of such funds deposited pursuant to s. 201.15 in that
  324  trust fund for any other purpose.
  325         Section 8. Section 201.0205, Florida Statutes, is amended
  326  to read:
  327         201.0205 Counties that have implemented ch. 83-220;
  328  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  329  Laws of Florida.—The 10-cent tax increase in the documentary
  330  stamp tax levied by s. 2, chapter 92-317, does not apply to
  331  deeds and other taxable instruments relating to real property
  332  located in any county that has implemented the provisions of
  333  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  334  86-152, and 89-252, Laws of Florida. Each such county and each
  335  eligible jurisdiction within such county may shall not be
  336  eligible to participate in programs funded pursuant to s.
  337  201.15(4)(c) s. 201.15(9). However, each such county and each
  338  eligible jurisdiction within such county may shall be eligible
  339  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  340  201.15(10).
  341         Section 9. Section 201.15, Florida Statutes, is amended to
  342  read:
  343         201.15 Distribution of taxes collected.—All taxes collected
  344  under this chapter, except taxes distributed to the Land
  345  Acquisition Trust Fund pursuant to subsections (1) and (2), are
  346  subject to the service charge imposed in s. 215.20(1). Before
  347  distribution pursuant to under this section, the Department of
  348  Revenue shall deduct amounts necessary to pay the costs of the
  349  collection and enforcement of the tax levied by this chapter.
  350  The Such costs and the service charge may not be levied against
  351  any portion of taxes pledged to debt service on bonds to the
  352  extent that the costs and service charge are required to pay any
  353  amounts relating to the bonds. After distributions are made
  354  pursuant to subsection (1), All of the costs of the collection
  355  and enforcement of the tax levied by this chapter and the
  356  service charge shall be available and transferred to the extent
  357  necessary to pay debt service and any other amounts payable with
  358  respect to bonds authorized before January 1, 2015, secured by
  359  revenues distributed pursuant to this section subsection (1).
  360  All taxes remaining after deduction of costs and the service
  361  charge shall be distributed as follows:
  362         (1) All of the remaining taxes collected under this chapter
  363  are pledged and shall be first made available to make payments
  364  on bonds issued pursuant to s. 215.618 or s. 215.619, as
  365  provided under paragraphs (3)(a) and (b), or on any other bonds
  366  authorized to be issued on a parity basis with such bonds.
  367  Amounts necessary to make such payments shall be deposited in
  368  the Land Acquisition Trust Fund.
  369         (2) If the amounts deposited pursuant to subsection (1) are
  370  less than 33 percent of all taxes collected after first
  371  deducting the costs of collection, an amount equal to 33 percent
  372  of all taxes collected after first deducting the costs of
  373  collection, minus the amounts deposited pursuant to subsection
  374  (1), shall be deposited in the Land Acquisition Trust Fund.
  375         (3) Amounts on deposit in the Land Acquisition Trust Fund
  376  Sixty-three and thirty-one hundredths percent of the remaining
  377  taxes shall be used in for the following order purposes:
  378         (a) Payment of Amounts necessary to pay the debt service
  379  on, or funding of fund debt service reserve funds, rebate
  380  obligations, or other amounts payable with respect to
  381  Preservation 2000 bonds issued pursuant to s. 375.051 and
  382  Florida Forever bonds issued pursuant to s. 215.618, shall be
  383  paid into the State Treasury to the credit of the Land
  384  Acquisition Trust Fund to be used for such purposes. The amount
  385  used for such purposes transferred to the Land Acquisition Trust
  386  Fund may not exceed $300 million in each fiscal year 1999-2000
  387  and thereafter for Preservation 2000 bonds and bonds issued to
  388  refund Preservation 2000 bonds, and $300 million in fiscal year
  389  2000-2001 and thereafter for Florida Forever bonds. The annual
  390  amount transferred to the Land Acquisition Trust Fund for
  391  Florida Forever bonds may not exceed $30 million in the first
  392  fiscal year in which bonds are issued. The limitation on the
  393  amount transferred shall be increased by an additional $30
  394  million in each subsequent fiscal year, but may not exceed a
  395  total of $300 million in any fiscal year for all bonds issued.
  396  It is the intent of the Legislature that all bonds issued to
  397  fund the Florida Forever Act be retired by December 31, 2040.
  398  Except for bonds issued to refund previously issued bonds, no
  399  series of bonds may be issued pursuant to this paragraph unless
  400  such bonds are approved and the debt service for the remainder
  401  of the fiscal year in which the bonds are issued is specifically
  402  appropriated in the General Appropriations Act. For purposes of
  403  refunding Preservation 2000 bonds, amounts designated within
  404  this section for Preservation 2000 and Florida Forever bonds may
  405  be transferred between the two programs to the extent provided
  406  for in the documents authorizing the issuance of the bonds. The
  407  Preservation 2000 bonds and Florida Forever bonds are equally
  408  and ratably secured by moneys distributable to the Land
  409  Acquisition Trust Fund pursuant to this section, except as
  410  specifically provided otherwise by the documents authorizing the
  411  issuance of the bonds. Moneys transferred to the Land
  412  Acquisition Trust Fund pursuant to this paragraph, or earnings
  413  thereon, may not be used or made available to pay debt service
  414  on the Save Our Coast revenue bonds.
  415         (b) Payment Moneys shall be paid into the State Treasury to
  416  the credit of the Save Our Everglades Trust Fund in amounts
  417  necessary to pay debt service, provide reserves, and pay rebate
  418  obligations and other amounts due with respect to bonds issued
  419  pursuant to under s. 215.619. Taxes distributed under paragraph
  420  (a) and this paragraph must be collectively distributed on a pro
  421  rata basis when the available moneys under this subsection are
  422  not sufficient to cover the amounts required under paragraph (a)
  423  and this paragraph.
  424  
  425  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  426  and ratably secured by moneys distributable to the Land
  427  Acquisition Trust Fund.
  428         (4)(c) After the required distributions to the Land
  429  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  430  deduction of the service charge imposed pursuant to s. 215.20(1)
  431  payments under paragraphs (a) and (b), the remainder shall be
  432  distributed as follows paid into the State Treasury to the
  433  credit of:
  434         (a)1.The State Transportation Trust Fund in the Department
  435  of Transportation in the amount of The lesser of 24.18442 38.2
  436  percent of the remainder or $541.75 million in each fiscal year
  437  shall be paid into the State Treasury to the credit of the State
  438  Transportation Trust Fund. Out Of such funds, the first $50
  439  million for the 2012-2013 fiscal year; $65 million for the 2013
  440  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  441  year and all subsequent years, shall be transferred to the State
  442  Economic Enhancement and Development Trust Fund within the
  443  Department of Economic Opportunity. Notwithstanding any other
  444  law, the remaining amount credited to the State Transportation
  445  Trust Fund shall remainder is to be used for the following
  446  specified purposes, notwithstanding any other law to the
  447  contrary:
  448         1.a.For the purposes of Capital funding for the New Starts
  449  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  450  specified in s. 341.051, in the amount of 10 percent of the
  451  these funds;
  452         2.b.For the purposes of The Small County Outreach Program
  453  specified in s. 339.2818, in the amount of 10 5 percent of the
  454  these funds. Effective July 1, 2014, the percentage allocated
  455  under this sub-subparagraph shall be increased to 10 percent;
  456         3.c.For the purposes of The Strategic Intermodal System
  457  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  458  amount of 75 percent of the these funds after deduction of the
  459  payments required pursuant to subparagraphs 1. and 2. allocating
  460  for the New Starts Transit Program described in sub-subparagraph
  461  a. and the Small County Outreach Program described in sub
  462  subparagraph b.; and
  463         4.d.For the purposes of The Transportation Regional
  464  Incentive Program specified in s. 339.2819, in the amount of 25
  465  percent of the these funds after deduction of the payments
  466  required pursuant to subparagraphs 1. and 2. allocating for the
  467  New Starts Transit Program described in sub-subparagraph a. and
  468  the Small County Outreach Program described in sub-subparagraph
  469  b. Effective July 1, 2014, The first $60 million of the funds
  470  allocated pursuant to this subparagraph sub-subparagraph shall
  471  be allocated annually to the Florida Rail Enterprise for the
  472  purposes established in s. 341.303(5).
  473         (b)2.The Grants and Donations Trust Fund in the Department
  474  of Economic Opportunity in the amount of The lesser of .1456 .23
  475  percent of the remainder or $3.25 million in each fiscal year
  476  shall be paid into the State Treasury to the credit of the
  477  Grants and Donations Trust Fund in the Department of Economic
  478  Opportunity to fund technical assistance to local governments.
  479         3. The Ecosystem Management and Restoration Trust Fund in
  480  the amount of the lesser of 2.12 percent of the remainder or $30
  481  million in each fiscal year, to be used for the preservation and
  482  repair of the state’s beaches as provided in ss. 161.091
  483  161.212.
  484         4. General Inspection Trust Fund in the amount of the
  485  lesser of .02 percent of the remainder or $300,000 in each
  486  fiscal year to be used to fund oyster management and restoration
  487  programs as provided in s. 379.362(3).
  488  
  489  Moneys distributed pursuant to paragraphs (a) and (b) this
  490  paragraph may not be pledged for debt service unless such pledge
  491  is approved by referendum of the voters.
  492         (d)After the required payments under paragraphs (a), (b),
  493  and (c), the remainder shall be paid into the State Treasury to
  494  the credit of the General Revenue Fund to be used and expended
  495  for the purposes for which the General Revenue Fund was created
  496  and exists by law.
  497         (2) The lesser of 7.56 percent of the remaining taxes or
  498  $84.9 million in each fiscal year shall be distributed as
  499  follows:
  500         (a) Six million and three hundred thousand dollars shall be
  501  paid into the State Treasury to the credit of the General
  502  Revenue Fund.
  503         (b) The remainder shall be paid into the State Treasury to
  504  the credit of the Land Acquisition Trust Fund. Sums deposited in
  505  the fund pursuant to this subsection may be used for any purpose
  506  for which funds deposited in the Land Acquisition Trust Fund may
  507  lawfully be used.
  508         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  509  $26 million in each fiscal year shall be distributed in the
  510  following order:
  511         1. Amounts necessary to pay debt service or to fund debt
  512  service reserve funds, rebate obligations, or other amounts
  513  payable with respect to bonds issued before February 1, 2009,
  514  pursuant to this subsection shall be paid into the State
  515  Treasury to the credit of the Land Acquisition Trust Fund.
  516         2. Eleven million dollars shall be paid into the State
  517  Treasury to the credit of the General Revenue Fund.
  518         3. The remainder shall be paid into the State Treasury to
  519  the credit of the Land Acquisition Trust Fund.
  520         (b) Moneys deposited in the Land Acquisition Trust Fund
  521  pursuant to this subsection shall be used to acquire coastal
  522  lands or to pay debt service on bonds issued to acquire coastal
  523  lands and to develop and manage lands acquired with moneys from
  524  the trust fund.
  525         (4) The lesser of 4.2 percent of the remaining taxes or
  526  $60.5 million in each fiscal year shall be paid into the State
  527  Treasury to the credit of the Water Management Lands Trust Fund.
  528  Sums deposited in that fund may be used for any purpose
  529  authorized in s. 373.59. An amount equal to the amounts
  530  necessary to pay debt service or to fund debt service reserve
  531  funds, rebate obligations, or other amounts payable with respect
  532  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  533  proviso associated with Specific Appropriation 1626A of the
  534  2014-2015 General Appropriations Act shall be transferred
  535  annually from the Water Management Lands Trust Fund to the
  536  General Revenue Fund.
  537         (5) Of the remaining taxes, 3.52 percent shall be paid into
  538  the State Treasury to the credit of the Conservation and
  539  Recreation Lands Trust Fund to carry out the purposes set forth
  540  in s. 259.032. Eleven and fifteen hundredths percent of the
  541  amount credited to the Conservation and Recreation Lands Trust
  542  Fund pursuant to this subsection shall be transferred to the
  543  State Game Trust Fund and used for land management activities.
  544         (6) The lesser of 2.28 percent of the remaining taxes or
  545  $34.1 million in each fiscal year shall be paid into the State
  546  Treasury to the credit of the Invasive Plant Control Trust Fund
  547  to carry out the purposes set forth in ss. 369.22 and 369.252.
  548         (7) The lesser of .5 percent of the remaining taxes or $9.3
  549  million in each fiscal year shall be paid into the State
  550  Treasury to the credit of the State Game Trust Fund to be used
  551  exclusively for the purpose of implementing the Lake Restoration
  552  2020 Program.
  553         (8) One-half of one percent of the remaining taxes shall be
  554  paid into the State Treasury and divided equally to the credit
  555  of the Department of Environmental Protection Water Quality
  556  Assurance Trust Fund to address water quality impacts associated
  557  with nonagricultural nonpoint sources and to the credit of the
  558  Department of Agriculture and Consumer Services General
  559  Inspection Trust Fund to address water quality impacts
  560  associated with agricultural nonpoint sources, respectively.
  561  These funds shall be used for research, development,
  562  demonstration, and implementation of suitable best management
  563  practices or other measures used to achieve water quality
  564  standards in surface waters and water segments identified
  565  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  566  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  567  management practices and other measures may include cost-share
  568  grants, technical assistance, implementation tracking, and
  569  conservation leases or other agreements for water quality
  570  improvement. The Department of Environmental Protection and the
  571  Department of Agriculture and Consumer Services may adopt rules
  572  governing the distribution of funds for implementation of best
  573  management practices. The unobligated balance of funds received
  574  from the distribution of taxes collected under this chapter to
  575  address water quality impacts associated with nonagricultural
  576  nonpoint sources must be excluded when calculating the
  577  unobligated balance of the Water Quality Assurance Trust Fund as
  578  it relates to the determination of the applicable excise tax
  579  rate.
  580         (c)(9)Eleven and twenty-four Seven and fifty-three
  581  hundredths percent of the remainder remaining taxes in each
  582  fiscal year shall be paid into the State Treasury to the credit
  583  of the State Housing Trust Fund. Out Of such funds, beginning in
  584  the 2012-2013 fiscal year, the first $35 million shall be
  585  transferred annually, subject to any distribution required
  586  pursuant to under subsection (5) (15), to the State Economic
  587  Enhancement and Development Trust Fund within the Department of
  588  Economic Opportunity. The remainder shall be used as follows:
  589         1.(a) Half of that amount shall be used for the purposes
  590  for which the State Housing Trust Fund was created and exists by
  591  law.
  592         2.(b) Half of that amount shall be paid into the State
  593  Treasury to the credit of the Local Government Housing Trust
  594  Fund and used for the purposes for which the Local Government
  595  Housing Trust Fund was created and exists by law.
  596         (d)(10)Twelve and ninety-three Eight and sixty-six
  597  hundredths percent of the remainder remaining taxes in each
  598  fiscal year shall be paid into the State Treasury to the credit
  599  of the State Housing Trust Fund. Out Of such funds, beginning in
  600  the 2012-2013 fiscal year, the first $40 million shall be
  601  transferred annually, subject to any distribution required
  602  pursuant to under subsection (5) (15), to the State Economic
  603  Enhancement and Development Trust Fund within the Department of
  604  Economic Opportunity. The remainder shall be used as follows:
  605         1.(a) Twelve and one-half percent of that amount shall be
  606  deposited into the State Housing Trust Fund and be expended by
  607  the Department of Economic Opportunity and by the Florida
  608  Housing Finance Corporation for the purposes for which the State
  609  Housing Trust Fund was created and exists by law.
  610         2.(b) Eighty-seven and one-half percent of that amount
  611  shall be distributed to the Local Government Housing Trust Fund
  612  and used for the purposes for which the Local Government Housing
  613  Trust Fund was created and exists by law. Funds from this
  614  category may also be used to provide for state and local
  615  services to assist the homeless.
  616         (e)The sum of $1.16 million in each fiscal year shall be
  617  paid into the State Treasury to the credit of the Internal
  618  Improvement Trust Fund for the purpose of making payment in lieu
  619  of taxes under s. 259.032(12)(b).
  620         (11) The distribution of proceeds deposited into the Water
  621  Management Lands Trust Fund and the Conservation and Recreation
  622  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  623  be used for land acquisition but may be used for preacquisition
  624  costs associated with land purchases. The Legislature intends
  625  that the Florida Forever program supplant the acquisition
  626  programs formerly authorized under ss. 259.032 and 373.59.
  627         (12) Amounts distributed pursuant to subsections (5), (6),
  628  (7), and (8) are subject to the payment of debt service on
  629  outstanding Conservation and Recreation Lands revenue bonds.
  630         (13) In each fiscal year that the remaining taxes exceed
  631  collections in the prior fiscal year, the stated maximum dollar
  632  amounts provided in subsections (2), (4), (6), and (7) shall
  633  each be increased by an amount equal to 10 percent of the
  634  increase in the remaining taxes collected under this chapter
  635  multiplied by the applicable percentage provided in those
  636  subsections.
  637         (14) If the payment requirements in any year for bonds
  638  outstanding on July 1, 2007, or bonds issued to refund such
  639  bonds, exceed the limitations of this section, distributions to
  640  the trust fund from which the bond payments are made must be
  641  increased to the lesser of the amount needed to pay bond
  642  obligations or the limit of the applicable percentage
  643  distribution provided in subsections (1)-(10).
  644         (5)(15) Distributions to the State Housing Trust Fund
  645  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  646  must be sufficient to cover amounts required to be transferred
  647  to the Florida Affordable Housing Guarantee Program’s annual
  648  debt service reserve and guarantee fund pursuant to s.
  649  420.5092(6)(a) and (b) up to the amount required to be
  650  transferred to such reserve and fund based on the percentage
  651  distribution of documentary stamp tax revenues to the State
  652  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  653  year.
  654         (16) If amounts necessary to pay debt service or any other
  655  amounts payable with respect to Preservation 2000 bonds, Florida
  656  Forever bonds, or Everglades Restoration bonds authorized before
  657  January 1, 2015, exceed the amounts distributable pursuant to
  658  subsection (1), all moneys distributable pursuant to this
  659  section are available for such obligations and transferred in
  660  the amounts necessary to pay such obligations when due. However,
  661  amounts distributable pursuant to subsection (2), subsection
  662  (3), subsection (4), subsection (5), paragraph (9)(a), or
  663  paragraph (10)(a) are not available to pay such obligations to
  664  the extent that such moneys are necessary to pay debt service on
  665  bonds secured by revenues pursuant to those provisions.
  666         (6)(17) After the distributions provided in the preceding
  667  subsections, any remaining taxes shall be paid into the State
  668  Treasury to the credit of the General Revenue Fund.
  669         Section 10. Paragraphs (a) and (b) of subsection (6) of
  670  section 211.3103, Florida Statutes, are amended to read:
  671         211.3103 Levy of tax on severance of phosphate rock; rate,
  672  basis, and distribution of tax.—
  673         (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
  674  fiscal year, the proceeds of all taxes, interest, and penalties
  675  imposed under this section are exempt from the general revenue
  676  service charge provided in s. 215.20, and such proceeds shall be
  677  paid into the State Treasury as follows:
  678         1. To the credit of the State Park Conservation and
  679  Recreation Lands Trust Fund, 25.5 percent.
  680         2. To the credit of the General Revenue Fund of the state,
  681  35.7 percent.
  682         3. For payment to counties in proportion to the number of
  683  tons of phosphate rock produced from a phosphate rock matrix
  684  located within such political boundary, 12.8 percent. The
  685  department shall distribute this portion of the proceeds
  686  annually based on production information reported by the
  687  producers on the annual returns for the taxable year. Any such
  688  proceeds received by a county shall be used only for phosphate
  689  related expenses.
  690         4. For payment to counties that have been designated as a
  691  rural area of opportunity pursuant to s. 288.0656 in proportion
  692  to the number of tons of phosphate rock produced from a
  693  phosphate rock matrix located within such political boundary,
  694  10.0 percent. The department shall distribute this portion of
  695  the proceeds annually based on production information reported
  696  by the producers on the annual returns for the taxable year.
  697  Payments under this subparagraph shall be made to the counties
  698  unless the Legislature by special act creates a local authority
  699  to promote and direct the economic development of the county. If
  700  such authority exists, payments shall be made to that authority.
  701         5. To the credit of the Nonmandatory Land Reclamation Trust
  702  Fund, 6.2 percent.
  703         6. To the credit of the Phosphate Research Trust Fund in
  704  the Division of Universities of the Department of Education, 6.2
  705  percent.
  706         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  707         (b) Notwithstanding paragraph (a), from January 1, 2015,
  708  until December 31, 2022, the proceeds of all taxes, interest,
  709  and penalties imposed under this section are exempt from the
  710  general revenue service charge provided in s. 215.20, and such
  711  proceeds shall be paid to the State Treasury as follows:
  712         1. To the credit of the State Park Conservation and
  713  Recreation Lands Trust Fund, 22.8 percent.
  714         2. To the credit of the General Revenue Fund of the state,
  715  31.9 percent.
  716         3. For payment to counties pursuant to subparagraph (a)3.,
  717  11.5 percent.
  718         4. For payment to counties pursuant to subparagraph (a)4.,
  719  8.9 percent.
  720         5. To the credit of the Nonmandatory Land Reclamation Trust
  721  Fund, 16.1 percent.
  722         6. To the credit of the Phosphate Research Trust Fund in
  723  the Division of Universities of the Department of Education, 5.6
  724  percent.
  725         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  726         Section 11. Subsection (2) of section 215.20, Florida
  727  Statutes, is amended to read:
  728         215.20 Certain income and certain trust funds to contribute
  729  to the General Revenue Fund.—
  730         (2) Notwithstanding the provisions of subsection (1), the
  731  trust funds of the Department of Citrus and the Department of
  732  Agriculture and Consumer Services, including funds collected in
  733  the General Inspection Trust Fund for marketing orders and in
  734  the Florida Citrus Advertising Trust Fund, shall be subject to a
  735  4 percent service charge, which is hereby appropriated to the
  736  General Revenue Fund. This subsection paragraph does not apply
  737  to the Conservation and Recreation Lands Program Trust Fund, the
  738  Citrus Inspection Trust Fund, the Florida Forever Program Trust
  739  Fund, the Market Improvements Working Capital Trust Fund, the
  740  Pest Control Trust Fund, the Plant Industry Trust Fund, or other
  741  funds collected in the General Inspection Trust Fund in the
  742  Department of Agriculture and Consumer Services.
  743         Section 12. Paragraph (a) of subsection (1) and subsections
  744  (2), (3), and (6) of section 215.618, Florida Statutes, are
  745  amended to read:
  746         215.618 Bonds for acquisition and improvement of land,
  747  water areas, and related property interests and resources.—
  748         (1)(a) The issuance of Florida Forever bonds, not to exceed
  749  $5.3 billion, to finance or refinance the cost of acquisition
  750  and improvement of land, water areas, and related property
  751  interests and resources, in urban and rural settings, for the
  752  purposes of restoration, conservation, recreation, water
  753  resource development, or historical preservation, and for
  754  capital improvements to lands and water areas that accomplish
  755  environmental restoration, enhance public access and
  756  recreational enjoyment, promote long-term management goals, and
  757  facilitate water resource development is hereby authorized,
  758  subject to the provisions of s. 259.105 and pursuant to s.
  759  11(e), Art. VII of the State Constitution and, on or after July
  760  1, 2015, to also finance or refinance the acquisition and
  761  improvement of land, water areas, and related property interests
  762  as provided in s. 28, Art. X of the State Constitution. Florida
  763  Forever bonds may also be issued to refund Preservation 2000
  764  bonds issued pursuant to s. 375.051. The $5.3 billion limitation
  765  on the issuance of Florida Forever bonds does not apply to
  766  refunding bonds. The duration of each series of Florida Forever
  767  bonds issued may not exceed 20 annual maturities. Preservation
  768  2000 bonds and Florida Forever bonds shall be equally and
  769  ratably secured by moneys distributable to the Land Acquisition
  770  Trust Fund pursuant to s. 201.15(1)(a), except to the extent
  771  specifically provided otherwise by the documents authorizing the
  772  issuance of the bonds.
  773         (2) The state covenants does hereby covenant with the
  774  holders of Florida Forever bonds and Preservation 2000 bonds
  775  that it will not take any action which will materially and
  776  adversely affect the rights of such holders so long as such
  777  bonds are outstanding, including, but not limited to, a
  778  reduction in the portion of documentary stamp taxes
  779  distributable to the Land Acquisition Trust Fund for payment of
  780  debt service on Preservation 2000 bonds or Florida Forever
  781  bonds.
  782         (3) Bonds issued pursuant to this section are shall be
  783  payable from taxes distributable to the Land Acquisition Trust
  784  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
  785  section do shall not constitute a general obligation of, or a
  786  pledge of the full faith and credit of, the state.
  787         (6) Pursuant to authority granted under by s. 11(e), Art.
  788  VII of the State Constitution, there is hereby continued and re
  789  created the Land Acquisition Trust Fund which shall be a
  790  continuation of the Land Acquisition Trust Fund which exists for
  791  purposes of s. 9(a)(1), Art. XII of the State Constitution. The
  792  Land Acquisition Trust Fund shall continue beyond the
  793  termination of bonding authority provided for in s. 9(a)(1),
  794  Art. XII of the State Constitution, pursuant to the authority
  795  provided by s. 11(e), Art. VII of the State Constitution and
  796  shall continue for so long as Preservation 2000 bonds or Florida
  797  Forever bonds are outstanding and secured by taxes distributable
  798  thereto or until the requirement of s. 28(a), Art. X of the
  799  State Constitution expires, whichever is later.
  800         Section 13. Subsections (2) and (3) of section 215.619,
  801  Florida Statutes, are amended to read:
  802         215.619 Bonds for Everglades restoration.—
  803         (2) The state covenants with the holders of Everglades
  804  restoration bonds that it will not take any action that will
  805  materially and adversely affect the rights of the holders so
  806  long as the bonds are outstanding, including, but not limited
  807  to, a reduction in the portion of documentary stamp taxes
  808  distributable under s. 201.15(1) for payment of debt service on
  809  Preservation 2000 bonds, Florida Forever bonds, or Everglades
  810  restoration bonds.
  811         (3) Everglades restoration bonds are payable from, and
  812  secured by a first lien on, taxes distributable under s.
  813  201.15(1) s. 201.15(1)(b) and do not constitute a general
  814  obligation of, or a pledge of the full faith and credit of, the
  815  state. Everglades restoration bonds shall be secured on a parity
  816  basis with bonds secured by moneys distributable under s.
  817  201.15(1) s. 201.15(1)(a).
  818         Section 14. Subsection (5) of section 253.027, Florida
  819  Statutes, is amended to read:
  820         253.027 Emergency archaeological property acquisition.—
  821         (5) ACCOUNT EXPENDITURES.—
  822         (a) No moneys shall be spent for the acquisition of any
  823  property, including title works, appraisal fees, and survey
  824  costs, unless:
  825         1. The property is an archaeological property of major
  826  statewide significance.
  827         2. The structures, artifacts, or relics, or their historic
  828  significance, will be irretrievably lost if the state cannot
  829  acquire the property.
  830         3. The site is presently on an acquisition list for
  831  Conservation and Recreation Lands or for Florida Forever lands,
  832  or complies with the criteria for inclusion on any such list,
  833  but has yet to be included on the list.
  834         4. No other source of immediate funding is available to
  835  purchase or otherwise protect the property.
  836         5. The site is not otherwise protected by local, state, or
  837  federal laws.
  838         6. The acquisition is not inconsistent with the state
  839  comprehensive plan and the state land acquisition program.
  840         (b) No moneys shall be spent from the account for
  841  excavation or restoration of the properties acquired. Funds may
  842  be spent for preliminary surveys to determine if the sites meet
  843  the criteria of this section. An amount not to exceed $100,000
  844  may also be spent from the account to inventory and evaluate
  845  archaeological and historic resources on properties purchased,
  846  or proposed for purchase, pursuant to s. 259.105(3)(b) s.
  847  259.032.
  848         Section 15. Subsection (12) of section 253.03, Florida
  849  Statutes, is amended to read:
  850         253.03 Board of trustees to administer state lands; lands
  851  enumerated.—
  852         (12) The Board of Trustees of the Internal Improvement
  853  Trust Fund is hereby authorized to administer, manage, control,
  854  conserve, protect, and sell all real property forfeited to the
  855  state pursuant to ss. 895.01-895.09 or acquired by the state
  856  pursuant to s. 607.0505 or former s. 620.192. The board is
  857  directed to immediately determine the value of all such property
  858  and shall ascertain whether the property is in any way
  859  encumbered. If the board determines that it is in the best
  860  interest of the state to do so, funds from the Internal
  861  Improvement Trust Fund may be used to satisfy any such
  862  encumbrances. If forfeited property receipts are not sufficient
  863  to satisfy encumbrances on the property and expenses permitted
  864  under this section, funds from another appropriate the Land
  865  Acquisition trust fund may be used to satisfy any such
  866  encumbrances and expenses. All property acquired by the board
  867  pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
  868  shall be sold as soon as commercially feasible unless the
  869  Attorney General recommends and the board determines that
  870  retention of the property in public ownership would effectuate
  871  one or more of the following policies of statewide significance:
  872  protection or enhancement of floodplains, marshes, estuaries,
  873  lakes, rivers, wilderness areas, wildlife areas, wildlife
  874  habitat, or other environmentally sensitive natural areas or
  875  ecosystems; or preservation of significant archaeological or
  876  historical sites identified by the Secretary of State. In such
  877  event the property shall remain in the ownership of the board,
  878  to be controlled, managed, and disposed of in accordance with
  879  this chapter, and the Internal Improvement Trust Fund shall be
  880  reimbursed from the Land Acquisition Trust Fund, or other
  881  appropriate fund designated by the board, for any funds expended
  882  from the Internal Improvement Trust Fund pursuant to this
  883  subsection in regard to such property. Upon the recommendation
  884  of the Attorney General, the board may reimburse the
  885  investigative agency for its investigative expenses, costs, and
  886  attorneys’ fees, and may reimburse law enforcement agencies for
  887  actual expenses incurred in conducting investigations leading to
  888  the forfeiture of such property from funds deposited in the
  889  Internal Improvement Trust Fund of the Department of
  890  Environmental Protection. The proceeds of the sale of property
  891  acquired under s. 607.0505, former s. 620.192, or ss. 895.01
  892  895.09 shall be distributed as follows:
  893         (a) After satisfaction of any valid claims arising under
  894  the provisions of s. 895.09(1)(a) or (b), any moneys used to
  895  satisfy encumbrances and expended as costs of administration,
  896  appraisal, management, conservation, protection, sale, and real
  897  estate sales services and any interest earnings lost to the Land
  898  Acquisition trust fund that was used as of a date certified by
  899  the Department of Environmental Protection shall be replaced
  900  first in the Land Acquisition trust fund that was used to
  901  satisfy any such encumbrance or expense, if those funds were
  902  used, and then in the Internal Improvement Trust Fund; and
  903         (b) The remainder shall be distributed as set forth in s.
  904  895.09.
  905         Section 16. Subsection (3), paragraphs (a) and (k) through
  906  (n) of subsection (6), and subsections (10) and (11) of section
  907  253.034, Florida Statutes, are amended to read:
  908         253.034 State-owned lands; uses.—
  909         (3) Recognizing In recognition that recreational trails
  910  purchased with rails-to-trails funds pursuant to former s.
  911  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
  912  had historic transportation uses and that their linear character
  913  may extend many miles, the Legislature intends that if when the
  914  necessity arises to serve public needs, after balancing the need
  915  to protect trail users from collisions with automobiles and a
  916  preference for the use of overpasses and underpasses to the
  917  greatest extent feasible and practical, transportation uses
  918  shall be allowed to cross recreational trails purchased pursuant
  919  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  920  259.105(3)(h). When these crossings are needed, the location and
  921  design should consider and mitigate the impact on humans and
  922  environmental resources, and the value of the land shall be paid
  923  based on fair market value.
  924         (6) The Board of Trustees of the Internal Improvement Trust
  925  Fund shall determine which lands, the title to which is vested
  926  in the board, may be surplused. For conservation lands, the
  927  board shall determine whether the lands are no longer needed for
  928  conservation purposes and may dispose of them by an affirmative
  929  vote of at least three members. In the case of a land exchange
  930  involving the disposition of conservation lands, the board must
  931  determine by an affirmative vote of at least three members that
  932  the exchange will result in a net positive conservation benefit.
  933  For all other lands, the board shall determine whether the lands
  934  are no longer needed and may dispose of them by an affirmative
  935  vote of at least three members.
  936         (a) For the purposes of this subsection, all lands acquired
  937  by the state before July 1, 1999, using proceeds from
  938  Preservation 2000 bonds, the former Conservation and Recreation
  939  Lands Trust Fund, the former Water Management Lands Trust Fund,
  940  Environmentally Endangered Lands Program, and the Save Our Coast
  941  Program and titled to the board which are identified as core
  942  parcels or within original project boundaries are deemed to have
  943  been acquired for conservation purposes.
  944         (k) Proceeds from the any sale of surplus conservation
  945  lands purchased before July 1, 2015, pursuant to this subsection
  946  shall be deposited into the Florida Forever Trust Fund from
  947  which such lands were acquired.
  948         (l) Proceeds from the sale of surplus conservation lands
  949  purchased on or after July 1, 2015, shall be deposited into the
  950  Land Acquisition Trust Fund or, if required by bond covenants,
  951  into the trust fund from which the lands were purchased However,
  952  if the fund from which the lands were originally acquired no
  953  longer exists, such proceeds shall be deposited into an
  954  appropriate account to be used for land management by the lead
  955  managing agency assigned the lands before the lands were
  956  declared surplus.
  957         (m) Funds received from the sale of surplus nonconservation
  958  lands, or lands that were acquired by gift, by donation, or for
  959  no consideration, shall be deposited into the Internal
  960  Improvement Trust Fund.
  961         (n)(l) Notwithstanding this subsection, such disposition of
  962  land may not be made if it would have the effect of causing all
  963  or any portion of the interest on any revenue bonds issued to
  964  lose the exclusion from gross income for federal income tax
  965  purposes.
  966         (o)(m) The sale of filled, formerly submerged land that
  967  does not exceed 5 acres in area is not subject to review by the
  968  council or its successor.
  969         (p)(n) The board may adopt rules to administer this section
  970  which may include procedures for administering surplus land
  971  requests and criteria for when the division may approve requests
  972  to surplus nonconservation lands on behalf of the board.
  973         (10) The following additional uses of conservation lands
  974  acquired pursuant to the Florida Forever program and other
  975  state-funded conservation land purchase programs shall be
  976  authorized, upon a finding by the board of trustees, if they
  977  meet the criteria specified in paragraphs (a)-(e): water
  978  resource development projects, water supply development
  979  projects, stormwater management projects, linear facilities, and
  980  sustainable agriculture and forestry. Such additional uses are
  981  authorized where:
  982         (a) Not inconsistent with the management plan for such
  983  lands;
  984         (b) Compatible with the natural ecosystem and resource
  985  values of such lands;
  986         (c) The proposed use is appropriately located on such lands
  987  and where due consideration is given to the use of other
  988  available lands;
  989         (d) The using entity reasonably compensates the titleholder
  990  for such use based upon an appropriate measure of value; and
  991         (e) The use is consistent with the public interest.
  992  
  993  A decision by the board of trustees pursuant to this section
  994  shall be given a presumption of correctness. Moneys received
  995  from the use of state lands pursuant to this section shall be
  996  returned to the lead managing entity in accordance with s.
  997  259.032(9)(c) the provisions of s. 259.032(11)(c).
  998         (11) Lands listed as projects for acquisition may be
  999  managed for conservation pursuant to s. 259.032, on an interim
 1000  basis by a private party in anticipation of a state purchase in
 1001  accordance with a contractual arrangement between the acquiring
 1002  agency and the private party that may include management service
 1003  contracts, leases, cost-share arrangements or resource
 1004  conservation agreements. Lands designated as eligible under this
 1005  subsection shall be managed to maintain or enhance the resources
 1006  the state is seeking to protect by acquiring the land. Funding
 1007  for these contractual arrangements may originate from the
 1008  documentary stamp tax revenue deposited into the Land
 1009  Acquisition Conservation and Recreation Lands Trust Fund and
 1010  Water Management Lands Trust Fund. No more than $6.2 million may
 1011  be expended from the Land Acquisition Trust Fund 5 percent of
 1012  funds allocated under the trust funds shall be expended for this
 1013  purpose.
 1014         Section 17. Section 253.7824, Florida Statutes, is amended
 1015  to read:
 1016         253.7824 Sale of products; proceeds.—The department may
 1017  authorize the removal and sale of products from the land where
 1018  environmentally appropriate, the proceeds from which shall be
 1019  deposited into the appropriate in the Land Acquisition trust
 1020  fund pursuant to s. 253.034(6)(k), (l), or (m).
 1021         Section 18. Subsection (1) of section 258.435, Florida
 1022  Statutes, is amended to read:
 1023         258.435 Use of aquatic preserves for the accommodation of
 1024  visitors.—
 1025         (1) The Department of Environmental Protection shall
 1026  promote the public use of aquatic preserves and their associated
 1027  uplands. The department may receive gifts and donations to carry
 1028  out the purpose of this part. Moneys received in trust by the
 1029  department by gift, devise, appropriation, or otherwise, subject
 1030  to the terms of such trust, shall be deposited into the Grants
 1031  and Donations Land Acquisition Trust Fund and appropriated to
 1032  the department for the administration, development, improvement,
 1033  promotion, and maintenance of aquatic preserves and their
 1034  associated uplands and for any future acquisition or development
 1035  of aquatic preserves and their associated uplands.
 1036         Section 19. Section 259.032, Florida Statutes, is amended
 1037  to read:
 1038         259.032 Conservation and recreation lands Trust Fund;
 1039  purpose.—
 1040         (1) It is the policy of the state that the citizens of this
 1041  state shall be assured public ownership of natural areas for
 1042  purposes of maintaining this state’s unique natural resources;
 1043  protecting air, land, and water quality; promoting water
 1044  resource development to meet the needs of natural systems and
 1045  citizens of this state; promoting restoration activities on
 1046  public lands; and providing lands for natural resource based
 1047  recreation. In recognition of this policy, it is the intent of
 1048  the Legislature to provide such public lands for the people
 1049  residing in urban and metropolitan areas of the state, as well
 1050  as those residing in less populated, rural areas. It is the
 1051  further intent of the Legislature, with regard to the lands
 1052  described in paragraph (2)(c) (3)(c), that a high priority be
 1053  given to the acquisition, restoration, and management of such
 1054  lands in or near counties exhibiting the greatest concentration
 1055  of population and, with regard to the lands described in
 1056  subsection (2) (3), that a high priority be given to acquiring
 1057  lands or rights or interests in lands that advance the goals and
 1058  objectives of the Fish and Wildlife Conservation Commission’s
 1059  approved species or habitat recovery plans, or lands within any
 1060  area designated as an area of critical state concern under s.
 1061  380.05 which, in the judgment of the advisory council
 1062  established pursuant to s. 259.035, or its successor, cannot be
 1063  adequately protected by application of land development
 1064  regulations adopted pursuant to s. 380.05. Finally, it is the
 1065  Legislature’s intent that lands acquired for conservation and
 1066  recreation purposes through this program and any successor
 1067  programs be managed in such a way as to protect or restore their
 1068  natural resource values, and provide the greatest benefit,
 1069  including public access, to the citizens of this state.
 1070         (2)(a) The Conservation and Recreation Lands Trust Fund is
 1071  established within the Department of Environmental Protection.
 1072  The fund shall be used as a nonlapsing, revolving fund
 1073  exclusively for the purposes of this section. The fund shall be
 1074  credited with proceeds from the following excise taxes:
 1075         1. The excise taxes on documents as provided in s. 201.15;
 1076  and
 1077         2. The excise tax on the severance of phosphate rock as
 1078  provided in s. 211.3103.
 1079  
 1080  The Department of Revenue shall credit to the fund each month
 1081  the proceeds from such taxes as provided in this paragraph.
 1082         (b) There shall annually be transferred from the
 1083  Conservation and Recreation Lands Trust Fund to the Land
 1084  Acquisition Trust Fund that amount, not to exceed $20 million
 1085  annually, as shall be necessary to pay the debt service on, or
 1086  fund debt service reserve funds, rebate obligations, or other
 1087  amounts with respect to bonds issued pursuant to s. 375.051 to
 1088  acquire lands on the established priority list developed
 1089  pursuant to ss. 259.101(4) and 259.105; however, no moneys
 1090  transferred to the Land Acquisition Trust Fund pursuant to this
 1091  paragraph, or earnings thereon, shall be used or made available
 1092  to pay debt service on the Save Our Coast revenue bonds. Amounts
 1093  transferred annually from the Conservation and Recreation Lands
 1094  Trust Fund to the Land Acquisition Trust Fund pursuant to this
 1095  paragraph shall have the highest priority over other payments or
 1096  transfers from the Conservation and Recreation Lands Trust Fund,
 1097  and no other payments or transfers shall be made from the
 1098  Conservation and Recreation Lands Trust Fund until such
 1099  transfers to the Land Acquisition Trust Fund have been made.
 1100  Moneys in the Conservation and Recreation Lands Trust Fund also
 1101  shall be used to manage lands and to pay for related costs,
 1102  activities, and functions pursuant to the provisions of this
 1103  section.
 1104         (2)(3) The Governor and Cabinet, sitting as the Board of
 1105  Trustees of the Internal Improvement Trust Fund, may expend
 1106  allocate moneys appropriated by the Legislature from the fund in
 1107  any one year to acquire the fee or any lesser interest in lands
 1108  for the following public purposes:
 1109         (a) To conserve and protect environmentally unique and
 1110  irreplaceable lands that contain native, relatively unaltered
 1111  flora and fauna representing a natural area unique to, or scarce
 1112  within, a region of this state or a larger geographic area;
 1113         (b) To conserve and protect lands within designated areas
 1114  of critical state concern, if the proposed acquisition relates
 1115  to the natural resource protection purposes of the designation;
 1116         (c) To conserve and protect native species habitat or
 1117  endangered or threatened species, emphasizing long-term
 1118  protection for endangered or threatened species designated G-1
 1119  or G-2 by the Florida Natural Areas Inventory, and especially
 1120  those areas that are special locations for breeding and
 1121  reproduction;
 1122         (d) To conserve, protect, manage, or restore important
 1123  ecosystems, landscapes, and forests, if the protection and
 1124  conservation of such lands is necessary to enhance or protect
 1125  significant surface water, groundwater, coastal, recreational,
 1126  timber, or fish or wildlife resources which cannot otherwise be
 1127  accomplished through local and state regulatory programs;
 1128         (e) To promote water resource development that benefits
 1129  natural systems and citizens of the state;
 1130         (f) To facilitate the restoration and subsequent health and
 1131  vitality of the Florida Everglades;
 1132         (g) To provide areas, including recreational trails, for
 1133  natural resource based recreation and other outdoor recreation
 1134  on any part of any site compatible with conservation purposes;
 1135         (h) To preserve significant archaeological or historic
 1136  sites;
 1137         (i) To conserve urban open spaces suitable for greenways or
 1138  outdoor recreation which are compatible with conservation
 1139  purposes; or
 1140         (j) To preserve agricultural lands under threat of
 1141  conversion to development through less-than-fee acquisitions.
 1142         (3)(4) Lands acquired for conservation and recreation
 1143  purposes under this section shall be for use as state-designated
 1144  parks, recreation areas, preserves, reserves, historic or
 1145  archaeological sites, geologic or botanical sites, recreational
 1146  trails, forests, wilderness areas, wildlife management areas,
 1147  urban open space, or other state-designated recreation or
 1148  conservation lands; or they shall qualify for such state
 1149  designation and use if they are to be managed by other
 1150  governmental agencies or nonstate entities as provided for in
 1151  this section.
 1152         (4)(5) The board of trustees may expend appropriated funds
 1153  allocate, in any year, an amount not to exceed 5 percent of the
 1154  money credited to the fund in that year, such allocation to be
 1155  used for the initiation and maintenance of a natural areas
 1156  inventory to aid in the identification of areas to be acquired
 1157  for conservation and recreation purposes pursuant to this
 1158  section.
 1159         (6) Moneys in the fund not needed to meet obligations
 1160  incurred under this section shall be deposited with the Chief
 1161  Financial Officer to the credit of the fund and may be invested
 1162  in the manner provided by law. Interest received on such
 1163  investments shall be credited to the Conservation and Recreation
 1164  Lands Trust Fund.
 1165         (5)(7) The board of trustees may enter into any contract
 1166  necessary to accomplish the purposes of this section. The lead
 1167  land managing agencies designated by the board of trustees also
 1168  are directed by the Legislature to enter into contracts or
 1169  interagency agreements with other governmental entities,
 1170  including local soil and water conservation districts, or
 1171  private land managers who have the expertise to perform specific
 1172  management activities which a lead agency lacks, or which would
 1173  cost more to provide in-house. Such activities shall include,
 1174  but not be limited to, controlled burning, road and ditch
 1175  maintenance, mowing, and wildlife assessments.
 1176         (6)(8)Conservation and recreation lands to be considered
 1177  for purchase under this section are subject to the selection
 1178  procedures of s. 259.035 and related rules and shall be acquired
 1179  in accordance with acquisition procedures for state lands
 1180  provided for in s. 259.041, except as otherwise provided by the
 1181  Legislature. An inholding or an addition to conservation and
 1182  recreation lands a project selected for purchase pursuant to
 1183  this chapter is not subject to the selection procedures of s.
 1184  259.035 if the estimated value of such inholding or addition
 1185  does not exceed $500,000. When at least 90 percent of the
 1186  acreage of a project has been purchased for conservation and
 1187  recreation purposes pursuant to this chapter, the project may be
 1188  removed from the list and the remaining acreage may continue to
 1189  be purchased. Funds appropriated to acquire conservation and
 1190  recreation lands Moneys from the fund may be used for title
 1191  work, appraisal fees, environmental audits, and survey costs
 1192  related to acquisition expenses for lands to be acquired,
 1193  donated, or exchanged which qualify under the categories of this
 1194  section, at the discretion of the board. When the Legislature
 1195  has authorized the Department of Environmental Protection to
 1196  condemn a specific parcel of land and such parcel has already
 1197  been approved for acquisition under this section, the land may
 1198  be acquired in accordance with the provisions of chapter 73 or
 1199  chapter 74, and the funds appropriated to acquire conservation
 1200  and recreation lands fund may be used to pay the condemnation
 1201  award and all costs, including a reasonable attorney’s fee,
 1202  associated with condemnation.
 1203         (7)(9) All lands managed under this chapter and s. 253.034
 1204  shall be:
 1205         (a) Managed in a manner that will provide the greatest
 1206  combination of benefits to the public and to the resources.
 1207         (b) Managed for public outdoor recreation which is
 1208  compatible with the conservation and protection of public lands.
 1209  Such management may include, but not be limited to, the
 1210  following public recreational uses: fishing, hunting, camping,
 1211  bicycling, hiking, nature study, swimming, boating, canoeing,
 1212  horseback riding, diving, model hobbyist activities, birding,
 1213  sailing, jogging, and other related outdoor activities
 1214  compatible with the purposes for which the lands were acquired.
 1215         (c) Managed for the purposes for which the lands were
 1216  acquired, consistent with paragraph (9)(a) (11)(a).
 1217         (d) Concurrent with its adoption of the annual Conservation
 1218  and Recreation Lands list of acquisition projects pursuant to s.
 1219  259.035, the board of trustees shall adopt a management
 1220  prospectus for each project. The management prospectus shall
 1221  delineate:
 1222         1. The management goals for the property;
 1223         2. The conditions that will affect the intensity of
 1224  management;
 1225         3. An estimate of the revenue-generating potential of the
 1226  property, if appropriate;
 1227         4. A timetable for implementing the various stages of
 1228  management and for providing access to the public, if
 1229  applicable;
 1230         5. A description of potential multiple-use activities as
 1231  described in this section and s. 253.034;
 1232         6. Provisions for protecting existing infrastructure and
 1233  for ensuring the security of the project upon acquisition;
 1234         7. The anticipated costs of management and projected
 1235  sources of revenue, including legislative appropriations, to
 1236  fund management needs; and
 1237         8. Recommendations as to how many employees will be needed
 1238  to manage the property, and recommendations as to whether local
 1239  governments, volunteer groups, the former landowner, or other
 1240  interested parties can be involved in the management.
 1241         (e) Concurrent with the approval of the acquisition
 1242  contract pursuant to s. 259.041(3)(c) for any interest in lands
 1243  except those lands being acquired under the provisions of s.
 1244  259.1052, the board of trustees shall designate an agency or
 1245  agencies to manage such lands. The board shall evaluate and
 1246  amend, as appropriate, the management policy statement for the
 1247  project as provided by s. 259.035, consistent with the purposes
 1248  for which the lands are acquired. For any fee simple acquisition
 1249  of a parcel which is or will be leased back for agricultural
 1250  purposes, or any acquisition of a less-than-fee interest in land
 1251  that is or will be used for agricultural purposes, the Board of
 1252  Trustees of the Internal Improvement Trust Fund shall first
 1253  consider having a soil and water conservation district, created
 1254  pursuant to chapter 582, manage and monitor such interests.
 1255         (f) State agencies designated to manage lands acquired
 1256  under this chapter or with funds deposited into the Land
 1257  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1258  Constitution, except those lands acquired under s. 259.1052, may
 1259  contract with local governments and soil and water conservation
 1260  districts to assist in management activities, including the
 1261  responsibility of being the lead land manager. Such land
 1262  management contracts may include a provision for the transfer of
 1263  management funding to the local government or soil and water
 1264  conservation district from the land acquisition Conservation and
 1265  Recreation Lands trust fund of the lead land managing agency in
 1266  an amount adequate for the local government or soil and water
 1267  conservation district to perform its contractual land management
 1268  responsibilities and proportionate to its responsibilities, and
 1269  which otherwise would have been expended by the state agency to
 1270  manage the property.
 1271         (g) Immediately following the acquisition of any interest
 1272  in conservation and recreation lands under this chapter, the
 1273  Department of Environmental Protection, acting on behalf of the
 1274  board of trustees, may issue to the lead managing entity an
 1275  interim assignment letter to be effective until the execution of
 1276  a formal lease.
 1277         (8)(10)(a) State, regional, or local governmental agencies
 1278  or private entities designated to manage lands under this
 1279  section shall develop and adopt, with the approval of the board
 1280  of trustees, an individual management plan for each project
 1281  designed to conserve and protect such lands and their associated
 1282  natural resources. Private sector involvement in management plan
 1283  development may be used to expedite the planning process.
 1284         (b) Individual management plans required by s. 253.034(5),
 1285  for parcels over 160 acres, shall be developed with input from
 1286  an advisory group. Members of this advisory group shall include,
 1287  at a minimum, representatives of the lead land managing agency,
 1288  comanaging entities, local private property owners, the
 1289  appropriate soil and water conservation district, a local
 1290  conservation organization, and a local elected official. The
 1291  advisory group shall conduct at least one public hearing within
 1292  the county in which the parcel or project is located. For those
 1293  parcels or projects that are within more than one county, at
 1294  least one areawide public hearing shall be acceptable and the
 1295  lead managing agency shall invite a local elected official from
 1296  each county. The areawide public hearing shall be held in the
 1297  county in which the core parcels are located. Notice of such
 1298  public hearing shall be posted on the parcel or project
 1299  designated for management, advertised in a paper of general
 1300  circulation, and announced at a scheduled meeting of the local
 1301  governing body before the actual public hearing. The management
 1302  prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
 1303  available to the public for a period of 30 days prior to the
 1304  public hearing.
 1305         (c) Once a plan is adopted, the managing agency or entity
 1306  shall update the plan at least every 10 years in a form and
 1307  manner prescribed by rule of the board of trustees. Such
 1308  updates, for parcels over 160 acres, shall be developed with
 1309  input from an advisory group. Such plans may include transfers
 1310  of leasehold interests to appropriate conservation organizations
 1311  or governmental entities designated by the Land Acquisition and
 1312  Management Advisory Council or its successor, for uses
 1313  consistent with the purposes of the organizations and the
 1314  protection, preservation, conservation, restoration, and proper
 1315  management of the lands and their resources. Volunteer
 1316  management assistance is encouraged, including, but not limited
 1317  to, assistance by youths participating in programs sponsored by
 1318  state or local agencies, by volunteers sponsored by
 1319  environmental or civic organizations, and by individuals
 1320  participating in programs for committed delinquents and adults.
 1321         (d)1. For each project for which lands are acquired after
 1322  July 1, 1995, an individual management plan shall be adopted and
 1323  in place no later than 1 year after the essential parcel or
 1324  parcels identified in the priority list developed pursuant to s.
 1325  259.105 ss. 259.101(4) and 259.105 have been acquired. The
 1326  Department of Environmental Protection shall distribute only 75
 1327  percent of the acquisition funds to which a budget entity or
 1328  water management district would otherwise be entitled from the
 1329  Preservation 2000 Trust Fund to any budget entity or any water
 1330  management district that has more than one-third of its
 1331  management plans overdue.
 1332         2. The requirements of subparagraph 1. do not apply to the
 1333  individual management plan for the Babcock Crescent B Ranch
 1334  being acquired pursuant to s. 259.1052. The management plan for
 1335  the ranch shall be adopted and in place no later than 2 years
 1336  following the date of acquisition by the state.
 1337         (e) Individual management plans shall conform to the
 1338  appropriate policies and guidelines of the state land management
 1339  plan and shall include, but not be limited to:
 1340         1. A statement of the purpose for which the lands were
 1341  acquired, the projected use or uses as defined in s. 253.034,
 1342  and the statutory authority for such use or uses.
 1343         2. Key management activities necessary to achieve the
 1344  desired outcomes, including, but not limited to, providing
 1345  public access, preserving and protecting natural resources,
 1346  protecting cultural and historical resources, restoring habitat,
 1347  protecting threatened and endangered species, controlling the
 1348  spread of nonnative plants and animals, performing prescribed
 1349  fire activities, and other appropriate resource management.
 1350         3. A specific description of how the managing agency plans
 1351  to identify, locate, protect, and preserve, or otherwise use
 1352  fragile, nonrenewable natural and cultural resources.
 1353         4. A priority schedule for conducting management
 1354  activities, based on the purposes for which the lands were
 1355  acquired.
 1356         5. A cost estimate for conducting priority management
 1357  activities, to include recommendations for cost-effective
 1358  methods of accomplishing those activities.
 1359         6. A cost estimate for conducting other management
 1360  activities which would enhance the natural resource value or
 1361  public recreation value for which the lands were acquired. The
 1362  cost estimate shall include recommendations for cost-effective
 1363  methods of accomplishing those activities.
 1364         7. A determination of the public uses and public access
 1365  that would be consistent with the purposes for which the lands
 1366  were acquired.
 1367         (f) The Division of State Lands shall submit a copy of each
 1368  individual management plan for parcels which exceed 160 acres in
 1369  size to each member of the Acquisition and Restoration Council,
 1370  which shall:
 1371         1. Within 60 days after receiving a plan from the division,
 1372  review each plan for compliance with the requirements of this
 1373  subsection and with the requirements of the rules established by
 1374  the board pursuant to this subsection.
 1375         2. Consider the propriety of the recommendations of the
 1376  managing agency with regard to the future use or protection of
 1377  the property.
 1378         3. After its review, submit the plan, along with its
 1379  recommendations and comments, to the board of trustees, with
 1380  recommendations as to whether to approve the plan as submitted,
 1381  approve the plan with modifications, or reject the plan.
 1382         (g) The board of trustees shall consider the individual
 1383  management plan submitted by each state agency and the
 1384  recommendations of the Acquisition and Restoration Council and
 1385  the Division of State Lands and shall approve the plan with or
 1386  without modification or reject such plan. The use or possession
 1387  of any lands owned by the board of trustees which is not in
 1388  accordance with an approved individual management plan is
 1389  subject to termination by the board of trustees.
 1390  
 1391  By July 1 of each year, each governmental agency and each
 1392  private entity designated to manage lands shall report to the
 1393  Secretary of Environmental Protection on the progress of
 1394  funding, staffing, and resource management of every project for
 1395  which the agency or entity is responsible.
 1396         (9)(11)(a) The Legislature recognizes that acquiring lands
 1397  pursuant to this chapter serves the public interest by
 1398  protecting land, air, and water resources which contribute to
 1399  the public health and welfare, providing areas for natural
 1400  resource based recreation, and ensuring the survival of unique
 1401  and irreplaceable plant and animal species. The Legislature
 1402  intends for these lands to be managed and maintained for the
 1403  purposes for which they were acquired and for the public to have
 1404  access to and use of these lands where it is consistent with
 1405  acquisition purposes and would not harm the resources the state
 1406  is seeking to protect on the public’s behalf.
 1407         (b) An amount of not less than 1.5 percent of the
 1408  cumulative total of funds ever deposited into the Florida
 1409  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1410  shall be made available for the purposes of management,
 1411  maintenance, and capital improvements not eligible for funding
 1412  pursuant to s. 11(e), Art. VII of the State Constitution, and
 1413  for associated contractual services, for conservation and
 1414  recreation lands acquired with funds deposited into the Land
 1415  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1416  Constitution or pursuant to former s. 259.032, Florida Statutes
 1417  2014 this section, former s. 259.101, Florida Statutes 2014, s.
 1418  259.105, s. 259.1052, or previous programs for the acquisition
 1419  of lands for conservation and recreation, including state
 1420  forests, to which title is vested in the board of trustees and
 1421  other conservation and recreation lands managed by a state
 1422  agency. Of this amount, $250,000 shall be transferred annually
 1423  to the Plant Industry Trust Fund within the Department of
 1424  Agriculture and Consumer Services for the purpose of
 1425  implementing the Endangered or Threatened Native Flora
 1426  Conservation Grants Program pursuant to s. 581.185(11). Each
 1427  agency with management responsibilities shall annually request
 1428  from the Legislature funds sufficient to fulfill such
 1429  responsibilities to implement individual management plans. For
 1430  the purposes of this paragraph, capital improvements shall
 1431  include, but need not be limited to, perimeter fencing, signs,
 1432  firelanes, access roads and trails, and minimal public
 1433  accommodations, such as primitive campsites, garbage
 1434  receptacles, and toilets. Any equipment purchased with funds
 1435  provided pursuant to this paragraph may be used for the purposes
 1436  described in this paragraph on any conservation and recreation
 1437  lands managed by a state agency. The funding requirement created
 1438  in this paragraph is subject to an annual evaluation by the
 1439  Legislature in order to ensure that such requirement does not
 1440  impact the respective trust fund in a manner that would prevent
 1441  the trust fund from meeting other minimum requirements.
 1442         (c) All revenues generated through multiple-use management
 1443  or compatible secondary-use management shall be returned to the
 1444  lead agency responsible for such management and shall be used to
 1445  pay for management activities on all conservation, preservation,
 1446  and recreation lands under the agency’s jurisdiction. In
 1447  addition, such revenues shall be segregated in an agency trust
 1448  fund and shall remain available to the agency in subsequent
 1449  fiscal years to support land management appropriations. For the
 1450  purposes of this paragraph, compatible secondary-use management
 1451  shall be those activities described in subsection (7) (9)
 1452  undertaken on parcels designated as single use pursuant to s.
 1453  253.034(2)(b).
 1454         (d) Up to one-fifth of the funds appropriated for the
 1455  purposes identified provided for in paragraph (b) shall be
 1456  reserved by the board of trustees for interim management of
 1457  acquisitions and for associated contractual services, to ensure
 1458  the conservation and protection of natural resources on project
 1459  sites and to allow limited public recreational use of lands.
 1460  Interim management activities may include, but not be limited
 1461  to, resource assessments, control of invasive, nonnative
 1462  species, habitat restoration, fencing, law enforcement,
 1463  controlled burning, and public access consistent with
 1464  preliminary determinations made pursuant to paragraph (7)(g)
 1465  (9)(g). The board of trustees shall make these interim funds
 1466  available immediately upon purchase.
 1467         (e) The department shall set long-range and annual goals
 1468  for the control and removal of nonnative, invasive plant species
 1469  on public lands. Such goals shall differentiate between aquatic
 1470  plant species and upland plant species. In setting such goals,
 1471  the department may rank, in order of adverse impact, species
 1472  that impede or destroy the functioning of natural systems.
 1473  Notwithstanding paragraph (a), up to one-fourth of the funds
 1474  provided for in paragraph (b) may be used by the agencies
 1475  receiving those funds for control and removal of nonnative,
 1476  invasive species on public lands.
 1477         (f) For the 2014-2015 fiscal year only, moneys in the
 1478  Conservation and Recreation Lands Trust Fund may be transferred
 1479  to the Florida Forever Trust Fund for the Florida Forever
 1480  program and to the Save Our Everglades Trust Fund to support
 1481  Everglades restoration projects included in the final report of
 1482  the Select Committee on Indian River Lagoon and Lake Okeechobee
 1483  Basin, dated November 8, 2013, pursuant to nonoperating budget
 1484  authority under s. 216.181(12). This subsection expires July 1,
 1485  2015.
 1486         (10)(12)(a) Beginning July 1, 1999, The Legislature may
 1487  expend shall make available sufficient funds annually from an
 1488  appropriate the Conservation and Recreation Lands trust fund to
 1489  the department for payment in lieu of taxes to qualifying
 1490  counties and local governments as defined in paragraph (b) for
 1491  all actual tax losses incurred as a result of board of trustees
 1492  acquisitions for state agencies under the Florida Forever
 1493  program or the former Florida Preservation 2000 program during
 1494  any year. Reserved funds not used for payments in lieu of taxes
 1495  in any year shall revert to the fund to be used for land
 1496  management in accordance with the provisions of this section.
 1497         (b) Payment in lieu of taxes shall be available:
 1498         1. To all counties that have a population of 150,000 or
 1499  fewer. Population levels shall be determined pursuant to s.
 1500  11.031.
 1501         2. To all local governments located in eligible counties.
 1502         3. To Glades County, where a privately owned and operated
 1503  prison leased to the state has recently been opened and where
 1504  privately owned and operated juvenile justice facilities leased
 1505  to the state have recently been constructed and opened, a
 1506  payment in lieu of taxes, in an amount that offsets the loss of
 1507  property tax revenue, which funds have already been appropriated
 1508  and allocated from the Department of Correction’s budget for the
 1509  purpose of reimbursing amounts equal to lost ad valorem taxes.
 1510         (c) If insufficient funds are available in any year to make
 1511  full payments to all qualifying counties and local governments,
 1512  such counties and local governments shall receive a pro rata
 1513  share of the moneys available.
 1514         (d) The payment amount shall be based on the average amount
 1515  of actual taxes paid on the property for the 3 years preceding
 1516  acquisition. Applications for payment in lieu of taxes shall be
 1517  made no later than January 31 of the year following acquisition.
 1518  No payment in lieu of taxes shall be made for properties which
 1519  were exempt from ad valorem taxation for the year immediately
 1520  preceding acquisition.
 1521         (e) If property which was subject to ad valorem taxation
 1522  was acquired by a tax-exempt entity for ultimate conveyance to
 1523  the state under this chapter, payment in lieu of taxes shall be
 1524  made for such property based upon the average amount of taxes
 1525  paid on the property for the 3 years prior to its being removed
 1526  from the tax rolls. The department shall certify to the
 1527  Department of Revenue those properties that may be eligible
 1528  under this provision. Once eligibility has been established,
 1529  that county or local government shall receive annual payments
 1530  for each tax loss until the qualifying county or local
 1531  government exceeds the population threshold pursuant to this
 1532  section.
 1533         (f) Payment in lieu of taxes pursuant to this subsection
 1534  shall be made annually to qualifying counties and local
 1535  governments after certification by the Department of Revenue
 1536  that the amounts applied for are reasonably appropriate, based
 1537  on the amount of actual taxes paid on the eligible property.
 1538  With the assistance of the local government requesting payment
 1539  in lieu of taxes, the state agency that acquired the land is
 1540  responsible for preparing and submitting application requests
 1541  for payment to the Department of Revenue for certification.
 1542         (g) If the board of trustees conveys to a local government
 1543  title to any land owned by the board, any payments in lieu of
 1544  taxes on the land made to the local government shall be
 1545  discontinued as of the date of the conveyance.
 1546  
 1547  For the purposes of this subsection, “local government” includes
 1548  municipalities, the county school board, mosquito control
 1549  districts, and any other local government entity which levies ad
 1550  valorem taxes, with the exception of a water management
 1551  district.
 1552         (13) Moneys credited to the fund each year which are not
 1553  used for management, maintenance, or capital improvements
 1554  pursuant to subsection (11); for payment in lieu of taxes
 1555  pursuant to subsection (12); or for the purposes of subsection
 1556  (5), shall be available for the acquisition of land pursuant to
 1557  this section.
 1558         (11)(14) The board of trustees may adopt rules to further
 1559  define the categories of land for acquisition under this
 1560  chapter.
 1561         (12)(15) Within 90 days after receiving a certified letter
 1562  from the owner of a property on the Conservation and Recreation
 1563  Lands list or the priority list established pursuant to s.
 1564  259.105 objecting to the property being included in an
 1565  acquisition project, where such property is a project or part of
 1566  a project which has not been listed for purchase in the current
 1567  year’s land acquisition work plan, the board of trustees shall
 1568  delete the property from the list or from the boundary of an
 1569  acquisition project on the list.
 1570         Section 20. Subsections (3), (4), and (6) of section
 1571  259.035, Florida Statutes, are amended to read:
 1572         259.035 Acquisition and Restoration Council.—
 1573         (3) The council shall provide assistance to the board of
 1574  trustees in reviewing the recommendations and plans for state
 1575  owned lands required under s. 253.034 and this chapter ss.
 1576  253.034 and 259.032. The council shall, in reviewing such
 1577  recommendations and plans, consider the optimization of
 1578  multiple-use and conservation strategies to accomplish the
 1579  provisions funded pursuant to former s. 259.101(3)(a), Florida
 1580  Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
 1581  259.105(3)(b).
 1582         (4)(a) The council may use existing rules adopted by the
 1583  board of trustees, until it develops and recommends amendments
 1584  to those rules, to competitively evaluate, select, and rank
 1585  projects eligible for the Conservation and Recreation Lands list
 1586  pursuant to ss. 259.032(3) and 259.101(4).
 1587         (a)(b) By January 1, 2017 December 1, 2009, the Acquisition
 1588  and Restoration Council shall develop rules defining specific
 1589  criteria and numeric performance measures needed for lands that
 1590  are to be acquired for public purpose with funds deposited into
 1591  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 1592  the State Constitution under the Florida Forever program
 1593  pursuant to s. 259.105. Each recipient of Florida Forever funds
 1594  shall assist the council in the development of such rules. These
 1595  rules shall be reviewed and adopted by the board, then submitted
 1596  to the Legislature for consideration by February 1, 2017 2010.
 1597  The Legislature may reject, modify, or take no action relative
 1598  to the proposed rules. If no action is taken, the rules shall be
 1599  implemented. Subsequent to their approval, each recipient of
 1600  Florida Forever funds from the Land Acquisition Trust Fund shall
 1601  annually report to the Division of State Lands on each of the
 1602  numeric performance measures accomplished during the previous
 1603  fiscal year.
 1604         (b)(c) In developing or amending rules, the council shall
 1605  give weight to the criteria included in s. 259.105(10). The
 1606  board of trustees shall review the recommendations and shall
 1607  adopt rules necessary to administer this section.
 1608         (6) The proposal for a project pursuant to this section or
 1609  s. 259.105(3)(b) may be implemented only if adopted by the
 1610  council and approved by the board of trustees. The council shall
 1611  consider and evaluate in writing the merits and demerits of each
 1612  project that is proposed for acquisition using funds available
 1613  pursuant to s. 28, Art. X of the State Constitution Conservation
 1614  and Recreation Lands, Florida Preservation 2000, or Florida
 1615  Forever funding and shall ensure that each proposed project
 1616  meets the requirements of s. 28, Art. X of the State
 1617  Constitution will meet a stated public purpose for the
 1618  restoration, conservation, or preservation of environmentally
 1619  sensitive lands and water areas or for providing outdoor
 1620  recreational opportunities. The council also shall determine
 1621  whether the project conforms, where applicable, with the
 1622  comprehensive plan developed pursuant to s. 259.04(1)(a), the
 1623  comprehensive multipurpose outdoor recreation plan developed
 1624  pursuant to s. 375.021, the state lands management plan adopted
 1625  pursuant to s. 253.03(7), the water resources work plans
 1626  developed pursuant to s. 373.199, and the provisions of s.
 1627  259.032, s. 259.101, or s. 259.105, whichever is applicable.
 1628         Section 21. Subsection (4) of section 259.036, Florida
 1629  Statutes, is amended to read:
 1630         259.036 Management review teams.—
 1631         (4) In the event a land management plan has not been
 1632  adopted within the timeframes specified in s. 259.032(8) s.
 1633  259.032(10), the department may direct a management review of
 1634  the property, to be conducted by the land management review
 1635  team. The review shall consider the extent to which the land is
 1636  being managed for the purposes for which it was acquired and the
 1637  degree to which actual management practices are in compliance
 1638  with the management policy statement and management prospectus
 1639  for that property.
 1640         Section 22. Paragraph (b) of subsection (3) of section
 1641  259.037, Florida Statutes, is amended to read:
 1642         259.037 Land Management Uniform Accounting Council.—
 1643         (3)
 1644         (b) Each reporting agency shall also:
 1645         1. Include a report of the available public use
 1646  opportunities for each management unit of state land, the total
 1647  management cost for public access and public use, and the cost
 1648  associated with each use option.
 1649         2. List the acres of land requiring minimal management
 1650  effort, moderate management effort, and significant management
 1651  effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
 1652  For each category created in paragraph (a), the reporting agency
 1653  shall include the amount of funds requested, the amount of funds
 1654  received, and the amount of funds expended for land management.
 1655         3. List acres managed and cost of management for each park,
 1656  preserve, forest, reserve, or management area.
 1657         4. List acres managed, cost of management, and lead manager
 1658  for each state lands management unit for which secondary
 1659  management activities were provided.
 1660         5. Include a report of the estimated calculable financial
 1661  benefits to the public for the ecosystem services provided by
 1662  conservation lands, based on the best readily available
 1663  information or science that provides a standard measurement
 1664  methodology to be consistently applied by the land managing
 1665  agencies. Such information may include, but need not be limited
 1666  to, the value of natural lands for protecting the quality and
 1667  quantity of drinking water through natural water filtration and
 1668  recharge, contributions to protecting and improving air quality,
 1669  benefits to agriculture through increased soil productivity and
 1670  preservation of biodiversity, and savings to property and lives
 1671  through flood control.
 1672         Section 23. Subsection (1) of section 259.04, Florida
 1673  Statutes, is amended to read:
 1674         259.04 Board; powers and duties.—
 1675         (1) For projects and acquisitions selected for purchase
 1676  pursuant to ss. 259.035, 259.101, and 259.105:
 1677         (a) The board is given the responsibility, authority, and
 1678  power to develop and execute a comprehensive, statewide 5-year
 1679  plan to conserve, restore, and protect environmentally
 1680  endangered lands, ecosystems, lands necessary for outdoor
 1681  recreational needs, and other lands as identified in ss.
 1682  259.032, 259.101, and 259.105. This plan shall be kept current
 1683  through continual reevaluation and revision. The advisory
 1684  council or its successor shall assist the board in the
 1685  development, reevaluation, and revision of the plan.
 1686         (b) The board may enter into contracts with the government
 1687  of the United States or any agency or instrumentality thereof;
 1688  the state or any county, municipality, district authority, or
 1689  political subdivision; or any private corporation, partnership,
 1690  association, or person providing for or relating to the
 1691  conservation or protection of certain lands in accomplishing the
 1692  purposes of this chapter.
 1693         (c) Within 45 days after the advisory council or its
 1694  successor submits the lists of projects to the board, the board
 1695  shall approve, in whole or in part, the lists of projects in the
 1696  order of priority in which such projects are presented. To the
 1697  greatest extent practicable, projects on the lists shall be
 1698  acquired in their approved order of priority.
 1699         (d) The board is authorized to acquire, by purchase, gift,
 1700  or devise or otherwise, the fee title or any lesser interest of
 1701  lands, water areas, and related resources for environmentally
 1702  endangered lands.
 1703         Section 24. Paragraphs (a) and (b) of subsection (11) and
 1704  subsection (15) of section 259.041, Florida Statutes, are
 1705  amended to read:
 1706         259.041 Acquisition of state-owned lands for preservation,
 1707  conservation, and recreation purposes.—
 1708         (11)(a) The Legislature finds that, with the increasing
 1709  pressures on the natural areas of this state and on open space
 1710  suitable for recreational use, the state must develop creative
 1711  techniques to maximize the use of acquisition and management
 1712  funds. The Legislature also finds that the state’s conservation
 1713  and recreational land acquisition agencies should be encouraged
 1714  to augment their traditional, fee simple acquisition programs
 1715  with the use of alternatives to fee simple acquisition
 1716  techniques. Additionally, the Legislature finds that generations
 1717  of private landowners have been good stewards of their land,
 1718  protecting or restoring native habitats and ecosystems to the
 1719  benefit of the natural resources of this state, its heritage,
 1720  and its citizens. The Legislature also finds that using
 1721  alternatives to fee simple acquisition by public land
 1722  acquisition agencies will achieve the following public policy
 1723  goals:
 1724         1. Allow more lands to be brought under public protection
 1725  for preservation, conservation, and recreational purposes with
 1726  less expenditure of public funds.
 1727         2. Retain, on local government tax rolls, some portion of
 1728  or interest in lands which are under public protection.
 1729         3. Reduce long-term management costs by allowing private
 1730  property owners to continue acting as stewards of their land,
 1731  where appropriate.
 1732  
 1733  Therefore, it is the intent of the Legislature that public land
 1734  acquisition agencies develop programs to pursue alternatives to
 1735  fee simple acquisition and to educate private landowners about
 1736  such alternatives and the benefits of such alternatives. It is
 1737  also the intent of the Legislature that a portion of the shares
 1738  of Preservation 2000 and Florida Forever bond proceeds be used
 1739  to purchase eligible properties using alternatives to fee simple
 1740  acquisition.
 1741         (b) All project applications shall identify, within their
 1742  acquisition plans, projects that require a full fee simple
 1743  interest to achieve the public policy goals, together with the
 1744  reasons full title is determined to be necessary. The state
 1745  agencies and the water management districts may use alternatives
 1746  to fee simple acquisition to bring the remaining projects in
 1747  their acquisition plans under public protection. For the
 1748  purposes of this subsection, the term “alternatives to fee
 1749  simple acquisition” includes, but is not limited to: purchase of
 1750  development rights; obtaining conservation easements; obtaining
 1751  flowage easements; purchase of timber rights, mineral rights, or
 1752  hunting rights; purchase of agricultural interests or
 1753  silvicultural interests; entering into land protection
 1754  agreements as defined in s. 380.0677(3); fee simple acquisitions
 1755  with reservations; creating life estates; or any other
 1756  acquisition technique that achieves the public policy goals
 1757  listed in paragraph (a). It is presumed that a private landowner
 1758  retains the full range of uses for all the rights or interests
 1759  in the landowner’s land which are not specifically acquired by
 1760  the public agency. The lands upon which hunting rights are
 1761  specifically acquired pursuant to this paragraph shall be
 1762  available for hunting in accordance with the management plan or
 1763  hunting regulations adopted by the Florida Fish and Wildlife
 1764  Conservation Commission, unless the hunting rights are purchased
 1765  specifically to protect activities on adjacent lands.
 1766         (15) The board of trustees, by an affirmative vote of at
 1767  least three of its members, may direct the department to
 1768  purchase lands on an immediate basis using up to 15 percent of
 1769  the funds allocated to the department pursuant to s. 259.105 ss.
 1770  259.101(3)(a) and 259.105 for the acquisition of lands that:
 1771         (a) Are listed or placed at auction by the Federal
 1772  Government as part of the Resolution Trust Corporation sale of
 1773  lands from failed savings and loan associations;
 1774         (b) Are listed or placed at auction by the Federal
 1775  Government as part of the Federal Deposit Insurance Corporation
 1776  sale of lands from failed banks; or
 1777         (c) Will be developed or otherwise lost to potential public
 1778  ownership, or for which federal matching funds will be lost, by
 1779  the time the land can be purchased under the program within
 1780  which the land is listed for acquisition.
 1781  
 1782  For such acquisitions, the board of trustees may waive or modify
 1783  all procedures required for land acquisition pursuant to this
 1784  chapter and all competitive bid procedures required pursuant to
 1785  chapters 255 and 287. Lands acquired pursuant to this subsection
 1786  must, at the time of purchase, be on one of the acquisition
 1787  lists established pursuant to this chapter, or be essential for
 1788  water resource development, protection, or restoration, or a
 1789  significant portion of the lands must contain natural
 1790  communities or plant or animal species that which are listed by
 1791  the Florida Natural Areas Inventory as critically imperiled,
 1792  imperiled, or rare, or as excellent quality occurrences of
 1793  natural communities.
 1794         Section 25. Section 259.101, Florida Statutes, is amended
 1795  to read:
 1796         259.101 Florida Preservation 2000 Act.—
 1797         (1) SHORT TITLE.—This section may be cited as the “Florida
 1798  Preservation 2000 Act.”
 1799         (2) LEGISLATIVE FINDINGS.—The Legislature finds and
 1800  declares that:
 1801         (a) The alteration and development of Florida’s natural
 1802  areas to accommodate its rapidly growing population have
 1803  contributed to the degradation of water resources, the
 1804  fragmentation and destruction of wildlife habitats, the loss of
 1805  recreation space, and the diminishment of wetlands and forests.
 1806         (b) Imminent development of Florida’s remaining natural
 1807  areas and continuing increases in land values necessitate an
 1808  aggressive program of public land acquisition during the next
 1809  decade to preserve the quality of life that attracts so many
 1810  people to Florida.
 1811         (c) Acquisition of public lands, in fee simple or in any
 1812  lesser interest, should be based on a comprehensive assessment
 1813  of Florida’s natural resources and planned so as to protect the
 1814  integrity of ecological systems and to provide multiple
 1815  benefits, including preservation of fish and wildlife habitat,
 1816  recreation space, and water recharge areas. Governmental
 1817  agencies responsible for public land acquisition should work
 1818  together to purchase lands jointly and to coordinate individual
 1819  purchases within ecological systems.
 1820         (d) One of the purposes of the Florida Communities Trust
 1821  program is to acquire, protect, and preserve open space and
 1822  recreation properties within urban areas where pristine animal
 1823  and plant communities no longer exist. These areas are often
 1824  overlooked in other programs because of their smaller size and
 1825  proximity to developed property. These smaller parcels are,
 1826  however, critically important to the quality of life in these
 1827  urban areas for the residents who live there as well as to the
 1828  many visitors to the state. The trust shall consider projects
 1829  submitted by local governments which further the goals,
 1830  objectives, and policies of the conservation, recreation and
 1831  open space, or coastal elements of their local comprehensive
 1832  plans or which serve to conserve natural resources or resolve
 1833  land use conflicts.
 1834         (e) South Florida’s water supply and unique natural
 1835  environment depend on the protection of lands buffering the East
 1836  Everglades and the Everglades water conservation areas.
 1837  
 1838  In addition, the Legislature recognizes the conflicting desires
 1839  of the citizens of this state to prosper through economic
 1840  development and to preserve the natural areas of Florida that
 1841  development threatens to claim. The Legislature further
 1842  recognizes the urgency of acquiring natural areas in the state
 1843  for preservation, yet acknowledges the difficulty of ensuring
 1844  adequate funding for accelerated acquisition in light of other
 1845  equally critical financial needs of the state. It is the
 1846  Legislature’s desire and intent to fund the implementation of
 1847  the Florida Preservation 2000 Act for each of the 10 years of
 1848  the program’s duration and to do so in a fiscally responsible
 1849  manner.
 1850         (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
 1851  2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
 1852  costs of issuance, the costs of funding reserve accounts, and
 1853  other costs with respect to the bonds, the proceeds of bonds
 1854  issued pursuant to this act shall be deposited into the Florida
 1855  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1856  year 2000-2001, for each Florida Preservation 2000 program
 1857  described in paragraphs (a)-(g), that portion of each program’s
 1858  total remaining cash balance which, as of June 30, 2000, is in
 1859  excess of that program’s total remaining appropriation balances
 1860  shall be redistributed by the department and deposited into the
 1861  Save Our Everglades Trust Fund for land acquisition. For
 1862  purposes of calculating the total remaining cash balances for
 1863  this redistribution, the Florida Preservation 2000 Series 2000
 1864  bond proceeds, including interest thereon, and the fiscal year
 1865  1999-2000 General Appropriations Act amounts shall be deducted
 1866  from the remaining cash and appropriation balances,
 1867  respectively. The remaining proceeds shall be distributed by the
 1868  Department of Environmental Protection in the following manner:
 1869         (a) Fifty percent to the Department of Environmental
 1870  Protection for the purchase of public lands as described in s.
 1871  259.032. Of this 50 percent, at least one-fifth shall be used
 1872  for the acquisition of coastal lands.
 1873         (b) Thirty percent to the Department of Environmental
 1874  Protection for the purchase of water management lands pursuant
 1875  to s. 373.59, to be distributed among the water management
 1876  districts as provided in that section. Funds received by each
 1877  district may also be used for acquisition of lands necessary to
 1878  implement surface water improvement and management plans or for
 1879  acquisition of lands necessary to implement the Everglades
 1880  Construction Project authorized by s. 373.4592.
 1881         (c) Ten percent to the Department of Environmental
 1882  Protection to provide land acquisition grants and loans to local
 1883  governments through the Florida Communities Trust pursuant to
 1884  part III of chapter 380. From funds allocated to the trust, $3
 1885  million annually shall be used by the Division of State Lands
 1886  within the Department of Environmental Protection to implement
 1887  the Green Swamp Land Protection Initiative specifically for the
 1888  purchase of conservation easements, as defined in s.
 1889  380.0677(3), of lands, or severable interests or rights in
 1890  lands, in the Green Swamp Area of Critical State Concern. From
 1891  funds allocated to the trust, $3 million annually shall be used
 1892  by the Monroe County Comprehensive Plan Land Authority
 1893  specifically for the purchase of a real property interest in
 1894  those lands subject to the Rate of Growth Ordinances adopted by
 1895  local governments in Monroe County or those lands within the
 1896  boundary of an approved Conservation and Recreation Lands
 1897  project located within the Florida Keys or Key West Areas of
 1898  Critical State Concern; however, title to lands acquired within
 1899  the boundary of an approved Conservation and Recreation Lands
 1900  project may, in accordance with an approved joint acquisition
 1901  agreement, vest in the Board of Trustees of the Internal
 1902  Improvement Trust Fund. Of the remaining funds, one-half shall
 1903  be matched by local governments on a dollar-for-dollar basis. To
 1904  the extent allowed by federal requirements for the use of bond
 1905  proceeds, the trust shall expend Preservation 2000 funds to
 1906  carry out the purposes of part III of chapter 380.
 1907         (d) Two and nine-tenths percent to the Department of
 1908  Environmental Protection for the purchase of inholdings and
 1909  additions to state parks. For the purposes of this paragraph,
 1910  “state park” means all real property in the state under the
 1911  jurisdiction of the Division of Recreation and Parks of the
 1912  department, or which may come under its jurisdiction.
 1913         (e) Two and nine-tenths percent to the Florida Forest
 1914  Service of the Department of Agriculture and Consumer Services
 1915  to fund the acquisition of state forest inholdings and additions
 1916  pursuant to s. 589.07.
 1917         (f) Two and nine-tenths percent to the Fish and Wildlife
 1918  Conservation Commission to fund the acquisition of inholdings
 1919  and additions to lands managed by the commission which are
 1920  important to the conservation of fish and wildlife.
 1921         (g) One and three-tenths percent to the Department of
 1922  Environmental Protection for the Florida Greenways and Trails
 1923  Program, to acquire greenways and trails or greenways and trails
 1924  systems pursuant to chapter 260, including, but not limited to,
 1925  abandoned railroad rights-of-way and the Florida National Scenic
 1926  Trail.
 1927  
 1928  Local governments may use federal grants or loans, private
 1929  donations, or environmental mitigation funds, including
 1930  environmental mitigation funds required pursuant to s. 338.250,
 1931  for any part or all of any local match required for the purposes
 1932  described in this subsection. Bond proceeds allocated pursuant
 1933  to paragraph (c) may be used to purchase lands on the priority
 1934  lists developed pursuant to s. 259.035. Title to lands purchased
 1935  pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
 1936  this subsection, Florida Statutes 2014, shall be vested in the
 1937  Board of Trustees of the Internal Improvement Trust Fund. Title
 1938  to lands purchased pursuant to former paragraph (c) of this
 1939  subsection, Florida Statutes 2014, may be vested in the Board of
 1940  Trustees of the Internal Improvement Trust Fund. The board of
 1941  trustees shall hold title to land protection agreements and
 1942  conservation easements that were or will be acquired pursuant to
 1943  former s. 380.0677, Florida Statutes 2014, and the Southwest
 1944  Florida Water Management District and the St. Johns River Water
 1945  Management District shall monitor such agreements and easements
 1946  within their respective districts until the state assumes this
 1947  responsibility.
 1948         (4) PROJECT CRITERIA.—
 1949         (a) Proceeds of bonds issued pursuant to this act and
 1950  distributed pursuant to paragraphs (3)(a) and (b) shall be spent
 1951  only on projects which meet at least one of the following
 1952  criteria, as determined pursuant to paragraphs (b) and (c):
 1953         1. A significant portion of the land in the project is in
 1954  imminent danger of development, in imminent danger of loss of
 1955  its significant natural attributes, or in imminent danger of
 1956  subdivision which will result in multiple ownership and may make
 1957  acquisition of the project more costly or less likely to be
 1958  accomplished;
 1959         2. Compelling evidence exists that the land is likely to be
 1960  developed during the next 12 months, or appraisals made during
 1961  the past 5 years indicate an escalation in land value at an
 1962  average rate that exceeds the average rate of interest likely to
 1963  be paid on the bonds;
 1964         3. A significant portion of the land in the project serves
 1965  to protect or recharge groundwater and to protect other valuable
 1966  natural resources or provide space for natural resource based
 1967  recreation;
 1968         4. The project can be purchased at 80 percent of appraised
 1969  value or less;
 1970         5. A significant portion of the land in the project serves
 1971  as habitat for endangered, threatened, or rare species or serves
 1972  to protect natural communities which are listed by the Florida
 1973  Natural Areas Inventory as critically imperiled, imperiled, or
 1974  rare, or as excellent quality occurrences of natural
 1975  communities; or
 1976         6. A significant portion of the land serves to preserve
 1977  important archaeological or historical sites.
 1978         (b) Each year that bonds are to be issued pursuant to this
 1979  act, the Land Acquisition and Management Advisory Council shall
 1980  review that year’s approved Conservation and Recreation Lands
 1981  priority list and shall, by the first board meeting in February,
 1982  present to the Board of Trustees of the Internal Improvement
 1983  Trust Fund for approval a listing of projects on the list which
 1984  meet one or more of the criteria listed in paragraph (a). The
 1985  board may remove projects from the list developed pursuant to
 1986  this paragraph, but may not add projects.
 1987         (c) Each year that bonds are to be issued pursuant to this
 1988  act, each water management district governing board shall review
 1989  the lands on its current year’s Save Our Rivers 5-year plan and
 1990  shall, by January 15, adopt a listing of projects from the plan
 1991  which meet one or more of the criteria listed in paragraph (a).
 1992         (d) In the acquisition of coastal lands pursuant to
 1993  paragraph (3)(a), the following additional criteria shall also
 1994  be considered:
 1995         1. The value of acquiring coastal high-hazard parcels,
 1996  consistent with hazard mitigation and postdisaster redevelopment
 1997  policies, in order to minimize the risk to life and property and
 1998  to reduce the need for future disaster assistance.
 1999         2. The value of acquiring beachfront parcels, irrespective
 2000  of size, to provide public access and recreational opportunities
 2001  in highly developed urban areas.
 2002         3. The value of acquiring identified parcels the
 2003  development of which would adversely affect coastal resources.
 2004  
 2005  When a nonprofit environmental organization which is tax-exempt
 2006  pursuant to s. 501(c)(3) of the United States Internal Revenue
 2007  Code sells land to the state, such land at the time of such sale
 2008  shall be deemed to meet one or more of the criteria listed in
 2009  paragraph (a) if such land meets one or more of the criteria at
 2010  the time the organization purchases it. Listings of projects
 2011  compiled pursuant to paragraphs (b) and (c) may be revised to
 2012  include projects on the Conservation and Recreation Lands
 2013  priority list or in a water management district’s 5-year plan
 2014  which come under the criteria in paragraph (a) after the dates
 2015  specified in paragraph (b) or paragraph (c). The requirement of
 2016  paragraph (3)(a) regarding coastal lands is met as long as an
 2017  average of one-fifth of the cumulative proceeds allocated
 2018  through fiscal year 1999-2000 pursuant to that paragraph is used
 2019  to purchase coastal lands.
 2020         (e) The Legislature finds that the Florida Preservation
 2021  2000 Program has provided financial resources that have enabled
 2022  the acquisition of significant amounts of land for public
 2023  ownership in the first 7 years of the program’s existence. In
 2024  the remaining years of the Florida Preservation 2000 Program,
 2025  agencies that receive funds are encouraged to better coordinate
 2026  their expenditures so that future acquisitions, when combined
 2027  with previous acquisitions, will form more complete patterns of
 2028  protection for natural areas and functioning ecosystems to
 2029  better accomplish the intent of paragraph (2)(c).
 2030         (f) The Legislature intends that, in the remaining years of
 2031  the Florida Preservation 2000 Program, emphasis be given to the
 2032  completion of projects in which one or more parcels have already
 2033  been acquired and to the acquisition of lands containing
 2034  ecological resources which are either not represented or
 2035  underrepresented on lands currently in public ownership. The
 2036  Legislature also intends that future acquisitions under the
 2037  Florida Preservation 2000 Program be limited to projects on the
 2038  current project lists, or any additions to the list as
 2039  determined and prioritized by the study, or those projects that
 2040  can reasonably be expected to be acquired by the end of the
 2041  Florida Preservation 2000 Program.
 2042         (4)FLORIDA FOREST SERVICE FUND USE.—(5)Any funds received
 2043  by the Florida Forest Service from the Preservation 2000 Trust
 2044  Fund pursuant to paragraph (3)(e) shall be used only to pay the
 2045  cost of the acquisition of lands in furtherance of outdoor
 2046  recreation and natural resources conservation in this state. The
 2047  administration and use of any funds received by the Florida
 2048  Forest Service from the Preservation 2000 Trust Fund will be
 2049  subject to such terms and conditions imposed thereon by the
 2050  agency of the state responsible for the issuance of the revenue
 2051  bonds, the proceeds of which are deposited in the Preservation
 2052  2000 Trust Fund, including restrictions imposed to ensure that
 2053  the interest on any such revenue bonds issued by the state as
 2054  tax-exempt revenue bonds will not be included in the gross
 2055  income of the holders of such bonds for federal income tax
 2056  purposes. All deeds or leases with respect to any real property
 2057  acquired with Preservation 2000 funds must received by the
 2058  Florida Forest Service from the Preservation 2000 Trust Fund
 2059  shall contain sufficient such covenants and restrictions as are
 2060  sufficient to ensure that the use of such real property at all
 2061  times complies with s. 375.051 and s. 9, Art. XII of the 1968
 2062  Constitution of Florida; and shall contain reverter clauses
 2063  providing for the reversion of title to such property to the
 2064  Board of Trustees of the Internal Improvement Trust Fund or, in
 2065  the case of a lease of such property, providing for termination
 2066  of the lease upon a failure to use the property conveyed thereby
 2067  for such purposes.
 2068         (5)(6) DISPOSITION OF LANDS.—
 2069         (a) Any lands acquired pursuant to former paragraphs
 2070  paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
 2071  (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
 2072  Florida Statutes 2014, if title to such lands is vested in the
 2073  Board of Trustees of the Internal Improvement Trust Fund, may be
 2074  disposed of by the Board of Trustees of the Internal Improvement
 2075  Trust Fund in accordance with the provisions and procedures set
 2076  forth in s. 253.034(6), and lands acquired pursuant to former
 2077  paragraph (3)(b) of this section, Florida Statutes 2014, may be
 2078  disposed of by the owning water management district in
 2079  accordance with the procedures and provisions set forth in ss.
 2080  373.056 and 373.089 provided such disposition also shall satisfy
 2081  the requirements of paragraphs (b) and (c).
 2082         (b) Before land acquired with Preservation 2000 funds may
 2083  be surplused as required by s. 253.034(6), or determined to be
 2084  no longer required for its purposes under s. 373.056(4), as
 2085  whichever may be applicable, there shall first be a
 2086  determination by the Board of Trustees of the Internal
 2087  Improvement Trust Fund, or, in the case of water management
 2088  district lands, by the owning water management district, that
 2089  such land no longer needs to be preserved in furtherance of the
 2090  intent of the Florida Preservation 2000 Act. Any lands eligible
 2091  to be disposed of under this procedure also may be used to
 2092  acquire other lands through an exchange of lands if, provided
 2093  such lands obtained in an exchange are described in the same
 2094  paragraph of former subsection (3) of this section, Florida
 2095  Statutes 2014, as the lands disposed.
 2096         (c) Notwithstanding paragraphs (a) and (b), no such
 2097  disposition of land shall be made if such disposition would have
 2098  the effect of causing all or any portion of the interest on any
 2099  revenue bonds issued to fund the Florida Preservation 2000 Act
 2100  to lose their exclusion from gross income for purposes of
 2101  federal income taxation. Any Revenue derived from the disposal
 2102  of such lands acquired with Preservation 2000 funds may not be
 2103  used for any purpose except for deposit into the Florida
 2104  Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
 2105  within the Department of Environmental Protection, for recredit
 2106  to the share held under former subsection (3) of this section,
 2107  Florida Statutes 2014, in which such disposed land is described.
 2108         (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
 2109         (a) The Board of Trustees of the Internal Improvement Trust
 2110  Fund, or, in the case of water management district lands, the
 2111  owning water management district, may authorize the granting of
 2112  a lease, easement, or license for the use of any lands acquired
 2113  pursuant to former subsection (3) of this section, Florida
 2114  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2115  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2116  Art. XII of the State Constitution, and any other incidental
 2117  public or private use that is determined by the board or the
 2118  owning water management district to be compatible with the
 2119  purposes for which such lands were acquired.
 2120         (b) Any existing lease, easement, or license acquired for
 2121  incidental public or private use on, under, or across any lands
 2122  acquired pursuant to former subsection (3) of this section,
 2123  Florida Statutes 2014, shall be presumed not to be incompatible
 2124  with the purposes for which such lands were acquired.
 2125         (c) Notwithstanding the provisions of paragraph (a), no
 2126  such lease, easement, or license shall be entered into by the
 2127  Department of Environmental Protection or other appropriate
 2128  state agency if the granting of such lease, easement, or license
 2129  would adversely affect the exclusion of the interest on any
 2130  revenue bonds issued to fund the acquisition of the affected
 2131  lands from gross income for federal income tax purposes, as
 2132  described in s. 375.045(4).
 2133         (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—(8)
 2134         (a) The Legislature finds that, with the increasing
 2135  pressures on the natural areas of this state, the state must
 2136  develop creative techniques to maximize the use of acquisition
 2137  and management moneys. The Legislature also finds that the
 2138  state’s environmental land-buying agencies should be encouraged
 2139  to augment their traditional, fee simple acquisition programs
 2140  with the use of alternatives to fee simple acquisition
 2141  techniques. The Legislature also finds that using alternatives
 2142  to fee simple acquisition by public land-buying agencies will
 2143  achieve the following public policy goals:
 2144         1. Allow more lands to be brought under public protection
 2145  for preservation, conservation, and recreational purposes at
 2146  less expense using public funds.
 2147         2. Retain, on local government tax rolls, some portion of
 2148  or interest in lands that which are under public protection.
 2149         3. Reduce long-term management costs by allowing private
 2150  property owners to continue acting as stewards of the land, as
 2151  where appropriate.
 2152  
 2153  Therefore, it is the intent of the Legislature that public land
 2154  buying agencies develop programs to pursue alternatives to fee
 2155  simple acquisition and to educate private landowners about such
 2156  alternatives and the benefits of such alternatives. It also is
 2157  the intent of the Legislature that the department and the water
 2158  management districts spend a portion of their shares of
 2159  Preservation 2000 bond proceeds to purchase eligible properties
 2160  using alternatives to fee simple acquisition. Finally, it is the
 2161  intent of the Legislature that public agencies acquire lands in
 2162  fee simple for public access and recreational activities. Lands
 2163  protected using alternatives to fee simple acquisition
 2164  techniques may shall not be accessible to the public unless such
 2165  access is negotiated with and agreed to by the private
 2166  landowners who retain interests in such lands.
 2167         (b) The Land Acquisition Advisory Council and the water
 2168  management districts shall identify, within their 1997
 2169  acquisition plans, those projects that which require a full fee
 2170  simple interest to achieve the public policy goals, along with
 2171  the reasons why full title is determined to be necessary. The
 2172  council and the water management districts may use alternatives
 2173  to fee simple acquisition to bring the remaining projects in
 2174  their acquisition plans under public protection. For the
 2175  purposes of this subsection, the term “alternatives to fee
 2176  simple acquisition” includes the, but is not limited to:
 2177  purchase of development rights; conservation easements; flowage
 2178  easements; the purchase of timber rights, mineral rights, or
 2179  hunting rights; the purchase of agricultural interests or
 2180  silvicultural interests; land protection agreements; fee simple
 2181  acquisitions with reservations; or any other acquisition
 2182  technique that which achieves the public policy goals identified
 2183  listed in paragraph (a). It is presumed that a private landowner
 2184  retains the full range of uses for all the rights or interests
 2185  in the landowner’s land which are not specifically acquired by
 2186  the public agency. Life estates and fee simple acquisitions with
 2187  leaseback provisions do shall not qualify as an alternative to
 2188  fee simple acquisition under this subsection, although the
 2189  department and the districts are encouraged to use such
 2190  techniques if where appropriate.
 2191         (c) The department and each water management district shall
 2192  implement initiatives to use alternatives to fee simple
 2193  acquisition and to educate private landowners about such
 2194  alternatives. These initiatives must shall include at least two
 2195  acquisitions a year by the department and each water management
 2196  district utilizing alternatives to fee simple.
 2197         (d) The Legislature finds that the lack of direct sales
 2198  comparison information has served as an impediment to successful
 2199  implementation of alternatives to fee simple acquisition. It is
 2200  the intent of the Legislature that, in the absence of direct
 2201  comparable sales information, appraisals of alternatives to fee
 2202  simple acquisitions be based on the difference between the full
 2203  fee simple valuation and the value of the interests remaining
 2204  with the seller after acquisition.
 2205         (e) The public agency that which has been assigned
 2206  management responsibility shall inspect and monitor any less
 2207  than-fee-simple interest according to the terms of the purchase
 2208  agreement relating to such interest.
 2209         (f) The department and the water management districts may
 2210  enter into joint acquisition agreements to jointly fund the
 2211  purchase of lands using alternatives to fee simple techniques.
 2212         (8) PUBLIC RECREATIONAL USE.—An agency or water management
 2213  district that acquired lands using Preservation 2000 funds
 2214  distributed pursuant to former subsection (3) of this section,
 2215  Florida Statutes 2014, shall manage such lands to make them
 2216  available for public recreational use if the recreational use
 2217  does not interfere with the protection of natural resource
 2218  values. The agency or district may enter into an agreement with
 2219  the department or another appropriate state agency to transfer
 2220  management authority or lease to such agencies lands purchased
 2221  with Preservation 2000 funds for the purpose of managing the
 2222  lands to make them available for public recreational use. The
 2223  water management districts and the department shall take action
 2224  to control the growth of nonnative invasive plant species on
 2225  lands they manage which were purchased with Preservation 2000
 2226  funds.
 2227         Section 26. Section 259.105, Florida Statutes, is amended
 2228  to read:
 2229         259.105 The Florida Forever Act.—
 2230         (1) This section may be cited as the “Florida Forever Act.”
 2231         (2)(a) The Legislature finds and declares that:
 2232         1. Land acquisition programs have provided tremendous
 2233  financial resources for purchasing environmentally significant
 2234  lands to protect those lands from imminent development or
 2235  alteration, thereby ensuring present and future generations’
 2236  access to important waterways, open spaces, and recreation and
 2237  conservation lands.
 2238         2. The continued alteration and development of Florida’s
 2239  natural and rural areas to accommodate the state’s growing
 2240  population have contributed to the degradation of water
 2241  resources, the fragmentation and destruction of wildlife
 2242  habitats, the loss of outdoor recreation space, and the
 2243  diminishment of wetlands, forests, working landscapes, and
 2244  coastal open space.
 2245         3. The potential development of Florida’s remaining natural
 2246  areas and escalation of land values require government efforts
 2247  to restore, bring under public protection, or acquire lands and
 2248  water areas to preserve the state’s essential ecological
 2249  functions and invaluable quality of life.
 2250         4. It is essential to protect the state’s ecosystems by
 2251  promoting a more efficient use of land, to ensure opportunities
 2252  for viable agricultural activities on working lands, and to
 2253  promote vital rural and urban communities that support and
 2254  produce development patterns consistent with natural resource
 2255  protection.
 2256         5. Florida’s groundwater, surface waters, and springs are
 2257  under tremendous pressure due to population growth and economic
 2258  expansion and require special protection and restoration
 2259  efforts, including the protection of uplands and springsheds
 2260  that provide vital recharge to aquifer systems and are critical
 2261  to the protection of water quality and water quantity of the
 2262  aquifers and springs. To ensure that sufficient quantities of
 2263  water are available to meet the current and future needs of the
 2264  natural systems and citizens of the state, and assist in
 2265  achieving the planning goals of the department and the water
 2266  management districts, water resource development projects on
 2267  public lands, where compatible with the resource values of and
 2268  management objectives for the lands, are appropriate.
 2269         6. The needs of urban, suburban, and small communities in
 2270  Florida for high-quality outdoor recreational opportunities,
 2271  greenways, trails, and open space have not been fully met by
 2272  previous acquisition programs. Through such programs as the
 2273  Florida Communities Trust and the Florida Recreation Development
 2274  Assistance Program, the state shall place additional emphasis on
 2275  acquiring, protecting, preserving, and restoring open space,
 2276  ecological greenways, and recreation properties within urban,
 2277  suburban, and rural areas where pristine natural communities or
 2278  water bodies no longer exist because of the proximity of
 2279  developed property.
 2280         7. Many of Florida’s unique ecosystems, such as the Florida
 2281  Everglades, are facing ecological collapse due to Florida’s
 2282  burgeoning population growth and other economic activities. To
 2283  preserve these valuable ecosystems for future generations,
 2284  essential parcels of land must be acquired to facilitate
 2285  ecosystem restoration.
 2286         8. Access to public lands to support a broad range of
 2287  outdoor recreational opportunities and the development of
 2288  necessary infrastructure, where compatible with the resource
 2289  values of and management objectives for such lands, promotes an
 2290  appreciation for Florida’s natural assets and improves the
 2291  quality of life.
 2292         9. Acquisition of lands, in fee simple, less-than-fee
 2293  interest, or other techniques shall be based on a comprehensive
 2294  science-based assessment of Florida’s natural resources which
 2295  targets essential conservation lands by prioritizing all current
 2296  and future acquisitions based on a uniform set of data and
 2297  planned so as to protect the integrity and function of
 2298  ecological systems and working landscapes, and provide multiple
 2299  benefits, including preservation of fish and wildlife habitat,
 2300  recreation space for urban and rural areas, and the restoration
 2301  of natural water storage, flow, and recharge.
 2302         10. The state has embraced performance-based program
 2303  budgeting as a tool to evaluate the achievements of publicly
 2304  funded agencies, build in accountability, and reward those
 2305  agencies which are able to consistently achieve quantifiable
 2306  goals. While previous and existing state environmental programs
 2307  have achieved varying degrees of success, few of these programs
 2308  can be evaluated as to the extent of their achievements,
 2309  primarily because performance measures, standards, outcomes, and
 2310  goals were not established at the outset. Therefore, the Florida
 2311  Forever program shall be developed and implemented in the
 2312  context of measurable state goals and objectives.
 2313         11. The state must play a major role in the recovery and
 2314  management of its imperiled species through the acquisition,
 2315  restoration, enhancement, and management of ecosystems that can
 2316  support the major life functions of such species. It is the
 2317  intent of the Legislature to support local, state, and federal
 2318  programs that result in net benefit to imperiled species habitat
 2319  by providing public and private land owners meaningful
 2320  incentives for acquiring, restoring, managing, and repopulating
 2321  habitats for imperiled species. It is the further intent of the
 2322  Legislature that public lands, both existing and to be acquired,
 2323  identified by the lead land managing agency, in consultation
 2324  with the Florida Fish and Wildlife Conservation Commission for
 2325  animals or the Department of Agriculture and Consumer Services
 2326  for plants, as habitat or potentially restorable habitat for
 2327  imperiled species, be restored, enhanced, managed, and
 2328  repopulated as habitat for such species to advance the goals and
 2329  objectives of imperiled species management consistent with the
 2330  purposes for which such lands are acquired without restricting
 2331  other uses identified in the management plan. It is also the
 2332  intent of the Legislature that of the proceeds distributed
 2333  pursuant to subsection (3), additional consideration be given to
 2334  acquisitions that achieve a combination of conservation goals,
 2335  including the restoration, enhancement, management, or
 2336  repopulation of habitat for imperiled species. The Acquisition
 2337  and Restoration Council, in addition to the criteria in
 2338  subsection (9), shall give weight to projects that include
 2339  acquisition, restoration, management, or repopulation of habitat
 2340  for imperiled species. The term “imperiled species” as used in
 2341  this chapter and chapter 253, means plants and animals that are
 2342  federally listed under the Endangered Species Act, or state
 2343  listed by the Fish and Wildlife Conservation Commission or the
 2344  Department of Agriculture and Consumer Services.
 2345         a. As part of the state’s role, all state lands that have
 2346  imperiled species habitat shall include as a consideration in
 2347  management plan development the restoration, enhancement,
 2348  management, and repopulation of such habitats. In addition, the
 2349  lead land managing agency of such state lands may use fees
 2350  received from public or private entities for projects to offset
 2351  adverse impacts to imperiled species or their habitat in order
 2352  to restore, enhance, manage, repopulate, or acquire land and to
 2353  implement land management plans developed under s. 253.034 or a
 2354  land management prospectus developed and implemented under this
 2355  chapter. Such fees shall be deposited into a foundation or fund
 2356  created by each land management agency under s. 379.223, s.
 2357  589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
 2358  solely to restore, manage, enhance, repopulate, or acquire
 2359  imperiled species habitat.
 2360         b. Where habitat or potentially restorable habitat for
 2361  imperiled species is located on state lands, the Fish and
 2362  Wildlife Conservation Commission and the Department of
 2363  Agriculture and Consumer Services shall be included on any
 2364  advisory group required under chapter 253, and the short-term
 2365  and long-term management goals required under chapter 253 must
 2366  advance the goals and objectives of imperiled species management
 2367  consistent with the purposes for which the land was acquired
 2368  without restricting other uses identified in the management
 2369  plan.
 2370         12. There is a need to change the focus and direction of
 2371  the state’s major land acquisition programs and to extend
 2372  funding and bonding capabilities, so that future generations may
 2373  enjoy the natural resources of this state.
 2374         (b) The Legislature recognizes that acquisition of lands in
 2375  fee simple is only one way to achieve the aforementioned goals
 2376  and encourages the use of less-than-fee interests, other
 2377  techniques, and the development of creative partnerships between
 2378  governmental agencies and private landowners. Such partnerships
 2379  may include those that advance the restoration, enhancement,
 2380  management, or repopulation of imperiled species habitat on
 2381  state lands as provided for in subparagraph (a)11. Easements
 2382  acquired pursuant to s. 570.71(2)(a) and (b), land protection
 2383  agreements, and nonstate funded tools such as rural land
 2384  stewardship areas, sector planning, and mitigation should be
 2385  used, where appropriate, to bring environmentally sensitive
 2386  tracts under an acceptable level of protection at a lower
 2387  financial cost to the public, and to provide private landowners
 2388  with the opportunity to enjoy and benefit from their property.
 2389         (c) Public agencies or other entities that receive funds
 2390  under this section shall coordinate their expenditures so that
 2391  project acquisitions, when combined with acquisitions under
 2392  Florida Forever, Preservation 2000, Save Our Rivers, the Florida
 2393  Communities Trust, other public land acquisition programs, and
 2394  the techniques, partnerships, and tools referenced in
 2395  subparagraph (a)11. and paragraph (b), are used to form more
 2396  complete patterns of protection for natural areas, ecological
 2397  greenways, and functioning ecosystems, to better accomplish the
 2398  intent of this section.
 2399         (d) A long-term financial commitment to restoring,
 2400  enhancing, and managing Florida’s public lands in order to
 2401  implement land management plans developed under s. 253.034 or a
 2402  land management prospectus developed and implemented under this
 2403  chapter must accompany any land acquisition program to ensure
 2404  that the natural resource values of such lands are restored,
 2405  enhanced, managed, and protected; that the public enjoys the
 2406  lands to their fullest potential; and that the state achieves
 2407  the full benefits of its investment of public dollars.
 2408  Innovative strategies such as public-private partnerships and
 2409  interagency planning and sharing of resources shall be used to
 2410  achieve the state’s management goals.
 2411         (e) With limited dollars available for restoration,
 2412  enhancement, management, and acquisition of land and water areas
 2413  and for providing long-term management and capital improvements,
 2414  a competitive selection process shall select those projects best
 2415  able to meet the goals of Florida Forever and maximize the
 2416  efficient use of the program’s funding.
 2417         (f) To ensure success and provide accountability to the
 2418  citizens of this state, it is the intent of the Legislature that
 2419  any cash or bond proceeds used pursuant to this section be used
 2420  to implement the goals and objectives recommended by a
 2421  comprehensive science-based assessment and approved by the Board
 2422  of Trustees of the Internal Improvement Trust Fund and the
 2423  Legislature.
 2424         (g) As it has with previous land acquisition programs, the
 2425  Legislature recognizes the desires of the residents of this
 2426  state to prosper through economic development and to preserve,
 2427  restore, and manage the state’s natural areas and recreational
 2428  open space. The Legislature further recognizes the urgency of
 2429  restoring the natural functions, including wildlife and
 2430  imperiled species habitat functions, of public lands or water
 2431  bodies before they are degraded to a point where recovery may
 2432  never occur, yet acknowledges the difficulty of ensuring
 2433  adequate funding for restoration, enhancement, and management
 2434  efforts in light of other equally critical financial needs of
 2435  the state. It is the Legislature’s desire and intent to fund the
 2436  implementation of this section and to do so in a fiscally
 2437  responsible manner, by issuing bonds to be repaid with
 2438  documentary stamp tax or other revenue sources, including those
 2439  identified in subparagraph (a)11.
 2440         (h) The Legislature further recognizes the important role
 2441  that many of our state and federal military installations
 2442  contribute to protecting and preserving Florida’s natural
 2443  resources as well as our economic prosperity. Where the state’s
 2444  land conservation plans overlap with the military’s need to
 2445  protect lands, waters, and habitat to ensure the sustainability
 2446  of military missions, it is the Legislature’s intent that
 2447  agencies receiving funds under this program cooperate with our
 2448  military partners to protect and buffer military installations
 2449  and military airspace, by:
 2450         1. Protecting habitat on nonmilitary land for any species
 2451  found on military land that is designated as threatened or
 2452  endangered, or is a candidate for such designation under the
 2453  Endangered Species Act or any Florida statute;
 2454         2. Protecting areas underlying low-level military air
 2455  corridors or operating areas;
 2456         3. Protecting areas identified as clear zones, accident
 2457  potential zones, and air installation compatible use buffer
 2458  zones delineated by our military partners; and
 2459         4. Providing the military with technical assistance to
 2460  restore, enhance, and manage military land as habitat for
 2461  imperiled species or species designated as threatened or
 2462  endangered, or a candidate for such designation, and for the
 2463  recovery or reestablishment of such species.
 2464         (3) Less the costs of issuing and the costs of funding
 2465  reserve accounts and other costs associated with bonds, the
 2466  proceeds of cash payments or bonds issued pursuant to this
 2467  section shall be deposited into the Florida Forever Trust Fund
 2468  created by s. 259.1051. The proceeds shall be distributed by the
 2469  Department of Environmental Protection in the following manner:
 2470         (a) Thirty percent to the Department of Environmental
 2471  Protection for the acquisition of lands and capital project
 2472  expenditures necessary to implement the water management
 2473  districts’ priority lists developed pursuant to s. 373.199. The
 2474  funds are to be distributed to the water management districts as
 2475  provided in subsection (11). A minimum of 50 percent of the
 2476  total funds provided over the life of the Florida Forever
 2477  program pursuant to this paragraph shall be used for the
 2478  acquisition of lands.
 2479         (b) Thirty-five percent to the Department of Environmental
 2480  Protection for the acquisition of lands and capital project
 2481  expenditures described in this section. Of the proceeds
 2482  distributed pursuant to this paragraph, it is the intent of the
 2483  Legislature that an increased priority be given to those
 2484  acquisitions which achieve a combination of conservation goals,
 2485  including protecting Florida’s water resources and natural
 2486  groundwater recharge. At a minimum, 3 percent, and no more than
 2487  10 percent, of the funds allocated pursuant to this paragraph
 2488  shall be spent on capital project expenditures identified during
 2489  the time of acquisition which meet land management planning
 2490  activities necessary for public access.
 2491         (c) Twenty-one percent to the Department of Environmental
 2492  Protection for use by the Florida Communities Trust for the
 2493  purposes of part III of chapter 380, as described and limited by
 2494  this subsection, and grants to local governments or nonprofit
 2495  environmental organizations that are tax-exempt under s.
 2496  501(c)(3) of the United States Internal Revenue Code for the
 2497  acquisition of community-based projects, urban open spaces,
 2498  parks, and greenways to implement local government comprehensive
 2499  plans. From funds available to the trust and used for land
 2500  acquisition, 75 percent shall be matched by local governments on
 2501  a dollar-for-dollar basis. The Legislature intends that the
 2502  Florida Communities Trust emphasize funding projects in low
 2503  income or otherwise disadvantaged communities and projects that
 2504  provide areas for direct water access and water-dependent
 2505  facilities that are open to the public and offer public access
 2506  by vessels to waters of the state, including boat ramps and
 2507  associated parking and other support facilities. At least 30
 2508  percent of the total allocation provided to the trust shall be
 2509  used in Standard Metropolitan Statistical Areas, but one-half of
 2510  that amount shall be used in localities in which the project
 2511  site is located in built-up commercial, industrial, or mixed-use
 2512  areas and functions to intersperse open spaces within congested
 2513  urban core areas. From funds allocated to the trust, no less
 2514  than 5 percent shall be used to acquire lands for recreational
 2515  trail systems, provided that in the event these funds are not
 2516  needed for such projects, they will be available for other trust
 2517  projects. Local governments may use federal grants or loans,
 2518  private donations, or environmental mitigation funds, including
 2519  environmental mitigation funds required pursuant to s. 338.250,
 2520  for any part or all of any local match required for acquisitions
 2521  funded through the Florida Communities Trust. Any lands
 2522  purchased by nonprofit organizations using funds allocated under
 2523  this paragraph must provide for such lands to remain permanently
 2524  in public use through a reversion of title to local or state
 2525  government, conservation easement, or other appropriate
 2526  mechanism. Projects funded with funds allocated to the trust
 2527  shall be selected in a competitive process measured against
 2528  criteria adopted in rule by the trust.
 2529         (d) Two percent to the Department of Environmental
 2530  Protection for grants pursuant to s. 375.075.
 2531         (e) One and five-tenths percent to the Department of
 2532  Environmental Protection for the purchase of inholdings and
 2533  additions to state parks and for capital project expenditures as
 2534  described in this section. At a minimum, 1 percent, and no more
 2535  than 10 percent, of the funds allocated pursuant to this
 2536  paragraph shall be spent on capital project expenditures
 2537  identified during the time of acquisition which meet land
 2538  management planning activities necessary for public access. For
 2539  the purposes of this paragraph, “state park” means any real
 2540  property in the state which is under the jurisdiction of the
 2541  Division of Recreation and Parks of the department, or which may
 2542  come under its jurisdiction.
 2543         (f) One and five-tenths percent to the Florida Forest
 2544  Service of the Department of Agriculture and Consumer Services
 2545  to fund the acquisition of state forest inholdings and additions
 2546  pursuant to s. 589.07, the implementation of reforestation plans
 2547  or sustainable forestry management practices, and for capital
 2548  project expenditures as described in this section. At a minimum,
 2549  1 percent, and no more than 10 percent, of the funds allocated
 2550  for the acquisition of inholdings and additions pursuant to this
 2551  paragraph shall be spent on capital project expenditures
 2552  identified during the time of acquisition which meet land
 2553  management planning activities necessary for public access.
 2554         (g) One and five-tenths percent to the Fish and Wildlife
 2555  Conservation Commission to fund the acquisition of inholdings
 2556  and additions to lands managed by the commission which are
 2557  important to the conservation of fish and wildlife and for
 2558  capital project expenditures as described in this section. At a
 2559  minimum, 1 percent, and no more than 10 percent, of the funds
 2560  allocated pursuant to this paragraph shall be spent on capital
 2561  project expenditures identified during the time of acquisition
 2562  which meet land management planning activities necessary for
 2563  public access.
 2564         (h) One and five-tenths percent to the Department of
 2565  Environmental Protection for the Florida Greenways and Trails
 2566  Program, to acquire greenways and trails or greenways and trail
 2567  systems pursuant to chapter 260, including, but not limited to,
 2568  abandoned railroad rights-of-way and the Florida National Scenic
 2569  Trail and for capital project expenditures as described in this
 2570  section. At a minimum, 1 percent, and no more than 10 percent,
 2571  of the funds allocated pursuant to this paragraph shall be spent
 2572  on capital project expenditures identified during the time of
 2573  acquisition which meet land management planning activities
 2574  necessary for public access.
 2575         (i) Three and five-tenths percent to the Department of
 2576  Agriculture and Consumer Services for the acquisition of
 2577  agricultural lands, through perpetual conservation easements and
 2578  other perpetual less-than-fee techniques, which will achieve the
 2579  objectives of Florida Forever and s. 570.71. Rules concerning
 2580  the application, acquisition, and priority ranking process for
 2581  such easements shall be developed pursuant to s. 570.71(10) and
 2582  as provided by this paragraph. The board shall ensure that such
 2583  rules are consistent with the acquisition process provided for
 2584  in s. 259.041. Provisions of the rules developed pursuant to s.
 2585  570.71(10), shall also provide for the following:
 2586         1. An annual priority list shall be developed pursuant to
 2587  s. 570.71(10), submitted to the Acquisition and Restoration
 2588  Council for review, and approved by the board pursuant to s.
 2589  259.04.
 2590         2. Terms of easements and acquisitions proposed pursuant to
 2591  this paragraph shall be approved by the board and shall not be
 2592  delegated by the board to any other entity receiving funds under
 2593  this section.
 2594         3. All acquisitions pursuant to this paragraph shall
 2595  contain a clear statement that they are subject to legislative
 2596  appropriation.
 2597  
 2598  No funds provided under this paragraph shall be expended until
 2599  final adoption of rules by the board pursuant to s. 570.71.
 2600         (j) Two and five-tenths percent to the Department of
 2601  Environmental Protection for the acquisition of land and capital
 2602  project expenditures necessary to implement the Stan Mayfield
 2603  Working Waterfronts Program within the Florida Communities Trust
 2604  pursuant to s. 380.5105.
 2605         (k) It is the intent of the Legislature that cash payments
 2606  or proceeds of Florida Forever bonds distributed under this
 2607  section shall be expended in an efficient and fiscally
 2608  responsible manner. An agency that receives proceeds from
 2609  Florida Forever bonds under this section may not maintain a
 2610  balance of unencumbered funds in its Florida Forever subaccount
 2611  beyond 3 fiscal years from the date of deposit of funds from
 2612  each bond issue. Any funds that have not been expended or
 2613  encumbered after 3 fiscal years from the date of deposit shall
 2614  be distributed by the Legislature at its next regular session
 2615  for use in the Florida Forever program.
 2616         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2617  the agencies that receive the funds shall develop their
 2618  individual acquisition or restoration lists in accordance with
 2619  specific criteria and numeric performance measures developed
 2620  pursuant s. 259.035(4). Proposed additions may be acquired if
 2621  they are identified within the original project boundary, the
 2622  management plan required pursuant to s. 253.034(5), or the
 2623  management prospectus required pursuant to s. 259.032(7)(d) s.
 2624  259.032(9)(d). Proposed additions not meeting the requirements
 2625  of this paragraph shall be submitted to the Acquisition and
 2626  Restoration Council for approval. The council may only approve
 2627  the proposed addition if it meets two or more of the following
 2628  criteria: serves as a link or corridor to other publicly owned
 2629  property; enhances the protection or management of the property;
 2630  would add a desirable resource to the property; would create a
 2631  more manageable boundary configuration; has a high resource
 2632  value that otherwise would be unprotected; or can be acquired at
 2633  less than fair market value.
 2634         (m) Notwithstanding paragraphs (a)-(j) and for the 2014
 2635  2015 fiscal year only:
 2636         1. Five million dollars to the Department of Agriculture
 2637  and Consumer Services for the acquisition of agricultural lands
 2638  through perpetual conservation easements and other perpetual
 2639  less-than-fee techniques, which will achieve the objectives of
 2640  Florida Forever and s. 570.71.
 2641         2. The remaining moneys appropriated from the Florida
 2642  Forever Trust Fund shall be distributed only to the Division of
 2643  State Lands within the Department of Environmental Protection
 2644  for land acquisitions that are less-than-fee interest, for
 2645  partnerships in which the state’s portion of the acquisition
 2646  cost is no more than 50 percent, or for conservation lands
 2647  needed for military buffering or springs or water resources
 2648  protection.
 2649  
 2650  This paragraph expires July 1, 2015.
 2651         (4) Notwithstanding subsection (3) and for the 2014-2015
 2652  fiscal year only, the funds appropriated in section 56 of the
 2653  2014-2015 General Appropriations Act may be provided to water
 2654  management districts for land acquisitions, including less-than
 2655  fee interest, identified by water management districts as being
 2656  needed for water resource protection or ecosystem restoration.
 2657  This subsection expires July 1, 2015.
 2658         (4)(5) It is the intent of the Legislature that projects or
 2659  acquisitions funded pursuant to paragraphs (3)(a) and (b)
 2660  contribute to the achievement of the following goals, which
 2661  shall be evaluated in accordance with specific criteria and
 2662  numeric performance measures developed pursuant s. 259.035(4):
 2663         (a) Enhance the coordination and completion of land
 2664  acquisition projects, as measured by:
 2665         1. The number of acres acquired through the state’s land
 2666  acquisition programs that contribute to the enhancement of
 2667  essential natural resources, ecosystem service parcels, and
 2668  connecting linkage corridors as identified and developed by the
 2669  best available scientific analysis;
 2670         2. The number of acres protected through the use of
 2671  alternatives to fee simple acquisition; or
 2672         3. The number of shared acquisition projects among Florida
 2673  Forever funding partners and partners with other funding
 2674  sources, including local governments and the Federal Government.
 2675         (b) Increase the protection of Florida’s biodiversity at
 2676  the species, natural community, and landscape levels, as
 2677  measured by:
 2678         1. The number of acres acquired of significant strategic
 2679  habitat conservation areas;
 2680         2. The number of acres acquired of highest priority
 2681  conservation areas for Florida’s rarest species;
 2682         3. The number of acres acquired of significant landscapes,
 2683  landscape linkages, and conservation corridors, giving priority
 2684  to completing linkages;
 2685         4. The number of acres acquired of underrepresented native
 2686  ecosystems;
 2687         5. The number of landscape-sized protection areas of at
 2688  least 50,000 acres that exhibit a mosaic of predominantly intact
 2689  or restorable natural communities established through new
 2690  acquisition projects or augmentations to previous projects; or
 2691         6. The percentage increase in the number of occurrences of
 2692  imperiled species on publicly managed conservation areas.
 2693         (c) Protect, restore, and maintain the quality and natural
 2694  functions of land, water, and wetland systems of the state, as
 2695  measured by:
 2696         1. The number of acres of publicly owned land identified as
 2697  needing restoration, enhancement, and management, acres
 2698  undergoing restoration or enhancement, acres with restoration
 2699  activities completed, and acres managed to maintain such
 2700  restored or enhanced conditions; the number of acres which
 2701  represent actual or potential imperiled species habitat; the
 2702  number of acres which are available pursuant to a management
 2703  plan to restore, enhance, repopulate, and manage imperiled
 2704  species habitat; and the number of acres of imperiled species
 2705  habitat managed, restored, enhanced, repopulated, or acquired;
 2706         2. The percentage of water segments that fully meet,
 2707  partially meet, or do not meet their designated uses as reported
 2708  in the Department of Environmental Protection’s State Water
 2709  Quality Assessment 305(b) Report;
 2710         3. The percentage completion of targeted capital
 2711  improvements in surface water improvement and management plans
 2712  created under s. 373.453(2), regional or master stormwater
 2713  management system plans, or other adopted restoration plans;
 2714         4. The number of acres acquired that protect natural
 2715  floodplain functions;
 2716         5. The number of acres acquired that protect surface waters
 2717  of the state;
 2718         6. The number of acres identified for acquisition to
 2719  minimize damage from flooding and the percentage of those acres
 2720  acquired;
 2721         7. The number of acres acquired that protect fragile
 2722  coastal resources;
 2723         8. The number of acres of functional wetland systems
 2724  protected;
 2725         9. The percentage of miles of critically eroding beaches
 2726  contiguous with public lands that are restored or protected from
 2727  further erosion;
 2728         10. The percentage of public lakes and rivers in which
 2729  invasive, nonnative aquatic plants are under maintenance
 2730  control; or
 2731         11. The number of acres of public conservation lands in
 2732  which upland invasive, exotic plants are under maintenance
 2733  control.
 2734         (d) Ensure that sufficient quantities of water are
 2735  available to meet the current and future needs of natural
 2736  systems and the citizens of the state, as measured by:
 2737         1. The number of acres acquired which provide retention and
 2738  storage of surface water in naturally occurring storage areas,
 2739  such as lakes and wetlands, consistent with the maintenance of
 2740  water resources or water supplies and consistent with district
 2741  water supply plans;
 2742         2. The quantity of water made available through the water
 2743  resource development component of a district water supply plan
 2744  for which a water management district is responsible; or
 2745         3. The number of acres acquired of groundwater recharge
 2746  areas critical to springs, sinks, aquifers, other natural
 2747  systems, or water supply.
 2748         (e) Increase natural resource-based public recreational and
 2749  educational opportunities, as measured by:
 2750         1. The number of acres acquired that are available for
 2751  natural resource-based public recreation or education;
 2752         2. The miles of trails that are available for public
 2753  recreation, giving priority to those that provide significant
 2754  connections including those that will assist in completing the
 2755  Florida National Scenic Trail; or
 2756         3. The number of new resource-based recreation facilities,
 2757  by type, made available on public land.
 2758         (f) Preserve significant archaeological or historic sites,
 2759  as measured by:
 2760         1. The increase in the number of and percentage of historic
 2761  and archaeological properties listed in the Florida Master Site
 2762  File or National Register of Historic Places which are protected
 2763  or preserved for public use; or
 2764         2. The increase in the number and percentage of historic
 2765  and archaeological properties that are in state ownership.
 2766         (g) Increase the amount of forestland available for
 2767  sustainable management of natural resources, as measured by:
 2768         1. The number of acres acquired that are available for
 2769  sustainable forest management;
 2770         2. The number of acres of state-owned forestland managed
 2771  for economic return in accordance with current best management
 2772  practices;
 2773         3. The number of acres of forestland acquired that will
 2774  serve to maintain natural groundwater recharge functions; or
 2775         4. The percentage and number of acres identified for
 2776  restoration actually restored by reforestation.
 2777         (h) Increase the amount of open space available in urban
 2778  areas, as measured by:
 2779         1. The percentage of local governments that participate in
 2780  land acquisition programs and acquire open space in urban cores;
 2781  or
 2782         2. The percentage and number of acres of purchases of open
 2783  space within urban service areas.
 2784  
 2785  Florida Forever projects and acquisitions funded pursuant to
 2786  paragraph (3)(c) shall be measured by goals developed by rule by
 2787  the Florida Communities Trust Governing Board created in s.
 2788  380.504.
 2789         (5)(6)(a) All lands acquired pursuant to this section shall
 2790  be managed for multiple-use purposes, where compatible with the
 2791  resource values of and management objectives for such lands. As
 2792  used in this section, “multiple-use” includes, but is not
 2793  limited to, outdoor recreational activities as described in ss.
 2794  253.034 and 259.032(7)(b) 259.032(9)(b), water resource
 2795  development projects, sustainable forestry management, carbon
 2796  sequestration, carbon mitigation, or carbon offsets.
 2797         (b) Upon a decision by the entity in which title to lands
 2798  acquired pursuant to this section has vested, such lands may be
 2799  designated single use as defined in s. 253.034(2)(b).
 2800         (c) For purposes of this section, the Board of Trustees of
 2801  the Internal Improvement Trust Fund shall adopt rules that
 2802  pertain to the use of state lands for carbon sequestration,
 2803  carbon mitigation, or carbon offsets and that provide for
 2804  climate-change-related benefits.
 2805         (6)(7) As provided in this section, a water resource or
 2806  water supply development project may be allowed only if the
 2807  following conditions are met: minimum flows and levels have been
 2808  established for those waters, if any, which may reasonably be
 2809  expected to experience significant harm to water resources as a
 2810  result of the project; the project complies with all applicable
 2811  permitting requirements; and the project is consistent with the
 2812  regional water supply plan, if any, of the water management
 2813  district and with relevant recovery or prevention strategies if
 2814  required pursuant to s. 373.0421(2).
 2815         (7)(8)(a) Beginning no later than July 1, 2001, and every
 2816  year thereafter, the Acquisition and Restoration Council shall
 2817  accept applications from state agencies, local governments,
 2818  nonprofit and for-profit organizations, private land trusts, and
 2819  individuals for project proposals eligible for funding pursuant
 2820  to paragraph (3)(b). The council shall evaluate the proposals
 2821  received pursuant to this subsection to ensure that they meet at
 2822  least one of the criteria under subsection (9).
 2823         (b) Project applications shall contain, at a minimum, the
 2824  following:
 2825         1. A minimum of two numeric performance measures that
 2826  directly relate to the overall goals adopted by the council.
 2827  Each performance measure shall include a baseline measurement,
 2828  which is the current situation; a performance standard which the
 2829  project sponsor anticipates the project will achieve; and the
 2830  performance measurement itself, which should reflect the
 2831  incremental improvements the project accomplishes towards
 2832  achieving the performance standard.
 2833         2. Proof that property owners within any proposed
 2834  acquisition have been notified of their inclusion in the
 2835  proposed project. Any property owner may request the removal of
 2836  such property from further consideration by submitting a request
 2837  to the project sponsor or the Acquisition and Restoration
 2838  Council by certified mail. Upon receiving this request, the
 2839  council shall delete the property from the proposed project;
 2840  however, the board of trustees, at the time it votes to approve
 2841  the proposed project lists pursuant to subsection (16), may add
 2842  the property back on to the project lists if it determines by a
 2843  super majority of its members that such property is critical to
 2844  achieve the purposes of the project.
 2845         (c) The title to lands acquired under this section shall
 2846  vest in the Board of Trustees of the Internal Improvement Trust
 2847  Fund, except that title to lands acquired by a water management
 2848  district shall vest in the name of that district and lands
 2849  acquired by a local government shall vest in the name of the
 2850  purchasing local government.
 2851         (8)(9) The Acquisition and Restoration Council shall
 2852  develop a project list that shall represent those projects
 2853  submitted pursuant to subsection (7).
 2854         (9)(10) The Acquisition and Restoration Council shall
 2855  recommend rules for adoption by the board of trustees to
 2856  competitively evaluate, select, and rank projects eligible for
 2857  Florida Forever funds pursuant to paragraph (3)(b) and for
 2858  additions to the Conservation and Recreation Lands list pursuant
 2859  to ss. 259.032 and 259.101(4). In developing these proposed
 2860  rules, the Acquisition and Restoration Council shall give weight
 2861  to the following criteria:
 2862         (a) The project meets multiple goals described in
 2863  subsection (4).
 2864         (b) The project is part of an ongoing governmental effort
 2865  to restore, protect, or develop land areas or water resources.
 2866         (c) The project enhances or facilitates management of
 2867  properties already under public ownership.
 2868         (d) The project has significant archaeological or historic
 2869  value.
 2870         (e) The project has funding sources that are identified and
 2871  assured through at least the first 2 years of the project.
 2872         (f) The project contributes to the solution of water
 2873  resource problems on a regional basis.
 2874         (g) The project has a significant portion of its land area
 2875  in imminent danger of development, in imminent danger of losing
 2876  its significant natural attributes or recreational open space,
 2877  or in imminent danger of subdivision which would result in
 2878  multiple ownership and make acquisition of the project costly or
 2879  less likely to be accomplished.
 2880         (h) The project implements an element from a plan developed
 2881  by an ecosystem management team.
 2882         (i) The project is one of the components of the Everglades
 2883  restoration effort.
 2884         (j) The project may be purchased at 80 percent of appraised
 2885  value.
 2886         (k) The project may be acquired, in whole or in part, using
 2887  alternatives to fee simple, including but not limited to, tax
 2888  incentives, mitigation funds, or other revenues; the purchase of
 2889  development rights, hunting rights, agricultural or
 2890  silvicultural rights, or mineral rights; or obtaining
 2891  conservation easements or flowage easements.
 2892         (l) The project is a joint acquisition, either among public
 2893  agencies, nonprofit organizations, or private entities, or by a
 2894  public-private partnership.
 2895         (10)(11) The Acquisition and Restoration Council shall give
 2896  increased priority to those projects for which matching funds
 2897  are available and to project elements previously identified on
 2898  an acquisition list pursuant to this section that can be
 2899  acquired at 80 percent or less of appraised value. The council
 2900  shall also give increased priority to those projects where the
 2901  state’s land conservation plans overlap with the military’s need
 2902  to protect lands, water, and habitat to ensure the
 2903  sustainability of military missions including:
 2904         (a) Protecting habitat on nonmilitary land for any species
 2905  found on military land that is designated as threatened or
 2906  endangered, or is a candidate for such designation under the
 2907  Endangered Species Act or any Florida statute;
 2908         (b) Protecting areas underlying low-level military air
 2909  corridors or operating areas; and
 2910         (c) Protecting areas identified as clear zones, accident
 2911  potential zones, and air installation compatible use buffer
 2912  zones delineated by our military partners, and for which federal
 2913  or other funding is available to assist with the project.
 2914         (11)(12) For the purposes of funding projects pursuant to
 2915  paragraph (3)(a), the Secretary of Environmental Protection
 2916  shall ensure that each water management district receives the
 2917  following percentage of funds annually:
 2918         (a) Thirty-five percent to the South Florida Water
 2919  Management District, of which amount $25 million for 2 years
 2920  beginning in fiscal year 2000-2001 shall be transferred by the
 2921  Department of Environmental Protection into the Save Our
 2922  Everglades Trust Fund and shall be used exclusively to implement
 2923  the comprehensive plan under s. 373.470.
 2924         (b) Twenty-five percent to the Southwest Florida Water
 2925  Management District.
 2926         (c) Twenty-five percent to the St. Johns River Water
 2927  Management District.
 2928         (d) Seven and one-half percent to the Suwannee River Water
 2929  Management District.
 2930         (e) Seven and one-half percent to the Northwest Florida
 2931  Water Management District.
 2932         (12)(13) It is the intent of the Legislature that in
 2933  developing the list of projects for funding pursuant to
 2934  paragraph (3)(a), that these funds not be used to abrogate the
 2935  financial responsibility of those point and nonpoint sources
 2936  that have contributed to the degradation of water or land areas.
 2937  Therefore, an increased priority shall be given by the water
 2938  management district governing boards to those projects that have
 2939  secured a cost-sharing agreement allocating responsibility for
 2940  the cleanup of point and nonpoint sources.
 2941         (13)(14) An affirmative vote of five members of the
 2942  Acquisition and Restoration Council shall be required in order
 2943  to place a proposed project on the list developed pursuant to
 2944  subsection (8). Any member of the council who by family or a
 2945  business relationship has a connection with any project proposed
 2946  to be ranked shall declare such interest prior to voting for a
 2947  project’s inclusion on the list.
 2948         (14)(15) Each year that cash disbursements or bonds are to
 2949  be issued pursuant to this section, the Acquisition and
 2950  Restoration Council shall review the most current approved
 2951  project list and shall, by the first board meeting in May,
 2952  present to the Board of Trustees of the Internal Improvement
 2953  Trust Fund for approval a listing of projects developed pursuant
 2954  to subsection (8). The board of trustees may remove projects
 2955  from the list developed pursuant to this subsection, but may not
 2956  add projects or rearrange project rankings.
 2957         (15)(16) The Acquisition and Restoration Council shall
 2958  submit to the board of trustees, with its list of projects, a
 2959  report that includes, but shall not be limited to, the following
 2960  information for each project listed:
 2961         (a) The stated purpose for inclusion.
 2962         (b) Projected costs to achieve the project goals.
 2963         (c) An interim management budget that includes all costs
 2964  associated with immediate public access.
 2965         (d) Specific performance measures.
 2966         (e) Plans for public access.
 2967         (f) An identification of the essential parcel or parcels
 2968  within the project without which the project cannot be properly
 2969  managed.
 2970         (g) Where applicable, an identification of those projects
 2971  or parcels within projects which should be acquired in fee
 2972  simple or in less than fee simple.
 2973         (h) An identification of those lands being purchased for
 2974  conservation purposes.
 2975         (i) A management policy statement for the project and a
 2976  management prospectus pursuant to s. 259.032(7)(d) s.
 2977  259.032(9)(d).
 2978         (j) An estimate of land value based on county tax assessed
 2979  values.
 2980         (k) A map delineating project boundaries.
 2981         (l) An assessment of the project’s ecological value,
 2982  outdoor recreational value, forest resources, wildlife
 2983  resources, ownership pattern, utilization, and location.
 2984         (m) A discussion of whether alternative uses are proposed
 2985  for the property and what those uses are.
 2986         (n) A designation of the management agency or agencies.
 2987         (16)(17) All proposals for projects pursuant to paragraph
 2988  (3)(b) shall be implemented only if adopted by the Acquisition
 2989  and Restoration Council and approved by the board of trustees.
 2990  The council shall consider and evaluate in writing the merits
 2991  and demerits of each project that is proposed for Florida
 2992  Forever funding and each proposed addition to the Conservation
 2993  and Recreation Lands list program. The council shall ensure that
 2994  each proposed project will meet a stated public purpose for the
 2995  restoration, conservation, or preservation of environmentally
 2996  sensitive lands and water areas or for providing outdoor
 2997  recreational opportunities and that each proposed addition to
 2998  the Conservation and Recreation Lands list will meet the public
 2999  purposes under s. 259.032(3) and, when applicable, s.
 3000  259.101(4). The council also shall determine whether the project
 3001  or addition conforms, where applicable, with the comprehensive
 3002  plan developed pursuant to s. 259.04(1)(a), the comprehensive
 3003  multipurpose outdoor recreation plan developed pursuant to s.
 3004  375.021, the state lands management plan adopted pursuant to s.
 3005  253.03(7), the water resources work plans developed pursuant to
 3006  s. 373.199, and the provisions of this section.
 3007         (17)(18) On an annual basis, the Division of State Lands
 3008  shall prepare an annual work plan that prioritizes projects on
 3009  the Florida Forever list and sets forth the funding available in
 3010  the fiscal year for land acquisition. The work plan shall
 3011  consider the following categories of expenditure for land
 3012  conservation projects already selected for the Florida Forever
 3013  list pursuant to subsection (8):
 3014         (a) A critical natural lands category, including functional
 3015  landscape-scale natural systems, intact large hydrological
 3016  systems, lands that have significant imperiled natural
 3017  communities, and corridors linking large landscapes, as
 3018  identified and developed by the best available scientific
 3019  analysis.
 3020         (b) A partnerships or regional incentive category,
 3021  including:
 3022         1. Projects where local and regional cost-share agreements
 3023  provide a lower cost and greater conservation benefit to the
 3024  people of the state. Additional consideration shall be provided
 3025  under this category where parcels are identified as part of a
 3026  local or regional visioning process and are supported by
 3027  scientific analysis; and
 3028         2. Bargain and shared projects where the state will receive
 3029  a significant reduction in price for public ownership of land as
 3030  a result of the removal of development rights or other interests
 3031  in lands or receives alternative or matching funds.
 3032         (c) A substantially complete category of projects where
 3033  mainly inholdings, additions, and linkages between preserved
 3034  areas will be acquired and where 85 percent of the project is
 3035  complete.
 3036         (d) A climate-change category list of lands where
 3037  acquisition or other conservation measures will address the
 3038  challenges of global climate change, such as through protection,
 3039  restoration, mitigation, and strengthening of Florida’s land,
 3040  water, and coastal resources. This category includes lands that
 3041  provide opportunities to sequester carbon, provide habitat,
 3042  protect coastal lands or barrier islands, and otherwise mitigate
 3043  and help adapt to the effects of sea-level rise and meet other
 3044  objectives of the program.
 3045         (e) A less-than-fee category for working agricultural lands
 3046  that significantly contribute to resource protection through
 3047  conservation easements and other less-than-fee techniques, tax
 3048  incentives, life estates, landowner agreements, and other
 3049  partnerships, including conservation easements acquired in
 3050  partnership with federal conservation programs, which will
 3051  achieve the objectives of Florida Forever while allowing the
 3052  continuation of compatible agricultural uses on the land. Terms
 3053  of easements proposed for acquisition under this category shall
 3054  be developed by the Division of State Lands in coordination with
 3055  the Department of Agriculture and Consumer Services.
 3056  
 3057  Projects within each category shall be ranked by order of
 3058  priority. The work plan shall be adopted by the Acquisition and
 3059  Restoration Council after at least one public hearing. A copy of
 3060  the work plan shall be provided to the board of trustees of the
 3061  Internal Improvement Trust Fund no later than October 1 of each
 3062  year.
 3063         (18)(19)(a) The Board of Trustees of the Internal
 3064  Improvement Trust Fund, or, in the case of water management
 3065  district lands, the owning water management district, may
 3066  authorize the granting of a lease, easement, or license for the
 3067  use of certain lands acquired pursuant to this section, for
 3068  certain uses that are determined by the appropriate board to be
 3069  compatible with the resource values of and management objectives
 3070  for such lands.
 3071         (b) Any existing lease, easement, or license acquired for
 3072  incidental public or private use on, under, or across any lands
 3073  acquired pursuant to this section shall be presumed to be
 3074  compatible with the purposes for which such lands were acquired.
 3075         (c) Notwithstanding the provisions of paragraph (a), no
 3076  such lease, easement, or license shall be entered into by the
 3077  Department of Environmental Protection or other appropriate
 3078  state agency if the granting of such lease, easement, or license
 3079  would adversely affect the exclusion of the interest on any
 3080  revenue bonds issued to fund the acquisition of the affected
 3081  lands from gross income for federal income tax purposes,
 3082  pursuant to Internal Revenue Service regulations.
 3083         (19)(20) The Acquisition and Restoration Council shall
 3084  recommend adoption of rules by the board of trustees necessary
 3085  to implement the provisions of this section relating to:
 3086  solicitation, scoring, selecting, and ranking of Florida Forever
 3087  project proposals; disposing of or leasing lands or water areas
 3088  selected for funding through the Florida Forever program; and
 3089  the process of reviewing and recommending for approval or
 3090  rejection the land management plans associated with publicly
 3091  owned properties. Rules promulgated pursuant to this subsection
 3092  shall be submitted to the President of the Senate and the
 3093  Speaker of the House of Representatives, for review by the
 3094  Legislature, no later than 30 days prior to the 2010 Regular
 3095  Session and shall become effective only after legislative
 3096  review. In its review, the Legislature may reject, modify, or
 3097  take no action relative to such rules. The board of trustees
 3098  shall conform such rules to changes made by the Legislature, or,
 3099  if no action was taken by the Legislature, such rules shall
 3100  become effective.
 3101         (20)(21) Lands listed as projects for acquisition under the
 3102  Florida Forever program may be managed for conservation pursuant
 3103  to s. 259.032, on an interim basis by a private party in
 3104  anticipation of a state purchase in accordance with a
 3105  contractual arrangement between the acquiring agency and the
 3106  private party that may include management service contracts,
 3107  leases, cost-share arrangements, or resource conservation
 3108  agreements. Lands designated as eligible under this subsection
 3109  shall be managed to maintain or enhance the resources the state
 3110  is seeking to protect by acquiring the land and to accelerate
 3111  public access to the lands as soon as practicable. Funding for
 3112  these contractual arrangements may originate from the
 3113  documentary stamp tax revenue deposited into the Land
 3114  Acquisition Conservation and Recreation Lands Trust Fund and
 3115  Water Management Lands Trust Fund. No more than $6.2 million may
 3116  be expended from the Land Acquisition Trust Fund 5 percent of
 3117  funds allocated under the trust funds shall be expended for this
 3118  purpose.
 3119         Section 27. Subsections (1) and (3) of section 259.1051,
 3120  Florida Statutes, are amended to read:
 3121         259.1051 Florida Forever Trust Fund.—
 3122         (1) There is created the Florida Forever Trust Fund to
 3123  carry out the purposes of ss. 259.032, 259.105, 259.1052, and
 3124  375.031. The Florida Forever Trust Fund shall be held and
 3125  administered by the Department of Environmental Protection.
 3126  Proceeds from the sale of bonds, except proceeds of refunding
 3127  bonds, issued under s. 215.618 and payable from moneys
 3128  transferred to the Land Acquisition Trust Fund under s.
 3129  201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
 3130  deposited into this trust fund to be distributed and used as
 3131  provided in s. 259.105(3). The bond resolution adopted by the
 3132  governing board of the Division of Bond Finance of the State
 3133  Board of Administration may provide for additional provisions
 3134  that govern the disbursement of the bond proceeds.
 3135         (3) The Department of Environmental Protection shall ensure
 3136  that the proceeds from the sale of bonds issued under s. 215.618
 3137  and payable from moneys transferred to the Land Acquisition
 3138  Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
 3139  administered and expended in a manner that ensures compliance of
 3140  each issue of bonds that are issued on the basis that interest
 3141  thereon will be excluded from gross income for federal income
 3142  tax purposes, with the applicable provisions of the United
 3143  States Internal Revenue Code and the regulations promulgated
 3144  thereunder, to the extent necessary to preserve the exclusion of
 3145  interest on the bonds from gross income for federal income tax
 3146  purposes. The Department of Environmental Protection shall
 3147  administer the use and disbursement of the proceeds of such
 3148  bonds or require that the use and disbursement thereof be
 3149  administered in a manner to implement strategies to maximize any
 3150  available benefits under the applicable provisions of the United
 3151  States Internal Revenue Code or regulations promulgated
 3152  thereunder, to the extent not inconsistent with the purposes
 3153  identified in s. 259.105(3).
 3154         Section 28. Paragraph (a) of subsection (2) of section
 3155  338.250, Florida Statutes, is amended to read:
 3156         338.250 Central Florida Beltway Mitigation.—
 3157         (2) Environmental mitigation required as a result of
 3158  construction of the beltway, or portions thereof, shall be
 3159  satisfied in the following manner:
 3160         (a) For those projects which the Department of
 3161  Transportation is authorized to construct, funds for
 3162  environmental mitigation shall be deposited in the Central
 3163  Florida Beltway Trust Fund created within the department at the
 3164  time bonds for the specific project are sold. If a road building
 3165  authority other than the department is authorized to construct
 3166  the project, funds for environmental mitigation shall be
 3167  deposited in a mitigation fund account established in the
 3168  construction fund for the bond issues. Said account shall be
 3169  established at the time bond proceeds are deposited into the
 3170  construction fund for the specific project. These funds shall be
 3171  provided from bond proceeds, and the use of such funds from bond
 3172  proceeds for mitigation shall be deemed a public purpose. The
 3173  amount to be provided for mitigation for the Eastern Beltway in
 3174  Seminole County shall be up to $4 million, the amount to be
 3175  provided for mitigation for the Western Beltway shall be up to
 3176  $30.5 million, the amount to be provided for mitigation for the
 3177  Southern Connector shall be up to $14.28 million, the amount to
 3178  be provided for mitigation for the Turnpike/Southern Connector
 3179  Interchange shall be up to $1.46 million, and the amount to be
 3180  provided for mitigation for the Southern Connector Extension
 3181  shall be in proportion to the amount provided for the Southern
 3182  Connector based upon the amount of wetlands displaced. To the
 3183  extent allowed by law, the interest on said funds as earned,
 3184  after deposit into the Central Florida Beltway Trust Fund, or in
 3185  a mitigation fund account shall accrue and be paid to the agency
 3186  responsible for the construction of the appropriate project.
 3187  Where feasible, mitigation funds shall be used in coordination
 3188  with funds from the Conservation and Recreation Lands Trust
 3189  Fund, Save Our Rivers Land Acquisition Program, or from other
 3190  appropriate sources.
 3191         Section 29. Subsection (4) of section 339.0801, Florida
 3192  Statutes, is amended to read:
 3193         339.0801 Allocation of increased revenues derived from
 3194  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
 3195  from increased revenues to the State Transportation Trust Fund
 3196  derived from the amendments to s. 319.32(5)(a) made by this act
 3197  must be used annually, first as set forth in subsection (1) and
 3198  then as set forth in subsections (2)-(5), notwithstanding any
 3199  other provision of law:
 3200         (4) Beginning in the 2013-2014 fiscal year and annually
 3201  thereafter, $10 million shall be allocated to the Small County
 3202  Outreach Program, to be used as specified in s. 339.2818. These
 3203  funds are in addition to the funds provided for the program
 3204  pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
 3205         Section 30. Subsection (9) of section 339.55, Florida
 3206  Statutes, is amended to read:
 3207         339.55 State-funded infrastructure bank.—
 3208         (9) Funds paid into the State Transportation Trust Fund
 3209  pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
 3210  State Infrastructure Bank are hereby annually appropriated for
 3211  expenditure to support that program.
 3212         Section 31. Subsection (5) of section 341.303, Florida
 3213  Statutes, is amended to read:
 3214         341.303 Funding authorization and appropriations;
 3215  eligibility and participation.—
 3216         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
 3217         (a) The department, through the Florida Rail Enterprise, is
 3218  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
 3219  under s. 201.15(1)(c)1.d. to fund:
 3220         (a) Up to 50 percent of the nonfederal share of the costs
 3221  of any eligible passenger rail capital improvement project.
 3222         (b) The department, through the Florida Rail Enterprise, is
 3223  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3224  fund Up to 100 percent of planning and development costs related
 3225  to the provision of a passenger rail system, including, but not
 3226  limited to, preliminary engineering, revenue studies,
 3227  environmental impact studies, financial advisory services,
 3228  engineering design, and other appropriate professional services.
 3229         (c) The department, through the Florida Rail Enterprise, is
 3230  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3231  fund The high-speed rail system.
 3232         (d) The department, through the Florida Rail Enterprise, is
 3233  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3234  fund Projects necessary to identify or address anticipated
 3235  impacts of increased freight rail traffic resulting from the
 3236  implementation of passenger rail systems as provided in s.
 3237  341.302(3)(b).
 3238         Section 32. Paragraph (b) of subsection (4) of section
 3239  343.58, Florida Statutes, is amended to read:
 3240         343.58 County funding for the South Florida Regional
 3241  Transportation Authority.—
 3242         (4) Notwithstanding any other provision of law to the
 3243  contrary and effective July 1, 2010, until as provided in
 3244  paragraph (d), the department shall transfer annually from the
 3245  State Transportation Trust Fund to the South Florida Regional
 3246  Transportation Authority the amounts specified in subparagraph
 3247  (a)1. or subparagraph (a)2.
 3248         (b) Funding required by this subsection may not be provided
 3249  from the funds dedicated to the Florida Rail Enterprise pursuant
 3250  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
 3251         Section 33. Section 369.252, Florida Statutes, is amended
 3252  to read:
 3253         369.252 Invasive plant control on public lands.—The Fish
 3254  and Wildlife Conservation Commission shall establish a program
 3255  that will accomplish all of the following to:
 3256         (1) Achieve eradication or maintenance control of invasive
 3257  exotic plants on public lands when the scientific data indicate
 3258  that they are detrimental to the state’s natural environment or
 3259  when the Commissioner of Agriculture finds that such plants or
 3260  specific populations thereof are a threat to the agricultural
 3261  productivity of the state.;
 3262         (2) Assist state and local government agencies in the
 3263  development and implementation of coordinated management plans
 3264  for the eradication or maintenance control of invasive exotic
 3265  plant species on public lands.;
 3266         (3) Contract, or enter into agreements, with entities in
 3267  the State University System or other governmental or private
 3268  sector entities for research concerning control agents;
 3269  production and growth of biological control agents; and
 3270  development of workable methods for the eradication or
 3271  maintenance control of invasive exotic plants on public lands.;
 3272  and
 3273         (4) Use funds in the Invasive Plant Control Trust Fund as
 3274  authorized by the Legislature for carrying out activities under
 3275  this section on public lands. A minimum of 20 percent of the
 3276  amount credited to the Invasive Plant Control Trust Fund
 3277  pursuant to s. 201.15(6) shall be used for the purpose of
 3278  controlling nonnative, upland, invasive plant species on public
 3279  lands.
 3280         Section 34. Paragraph (c) of subsection (8) of section
 3281  373.026, Florida Statutes, is amended to read:
 3282         373.026 General powers and duties of the department.—The
 3283  department, or its successor agency, shall be responsible for
 3284  the administration of this chapter at the state level. However,
 3285  it is the policy of the state that, to the greatest extent
 3286  possible, the department may enter into interagency or
 3287  interlocal agreements with any other state agency, any water
 3288  management district, or any local government conducting programs
 3289  related to or materially affecting the water resources of the
 3290  state. All such agreements shall be subject to the provisions of
 3291  s. 373.046. In addition to its other powers and duties, the
 3292  department shall, to the greatest extent possible:
 3293         (8)
 3294         (c) Notwithstanding paragraph (b), the use of state funds
 3295  for land purchases from willing sellers is authorized for
 3296  projects within the South Florida Water Management District’s
 3297  approved 5-year plan of acquisition pursuant to s. 373.59 or
 3298  within the South Florida Water Management District’s approved
 3299  Florida Forever water management district work plan pursuant to
 3300  s. 373.199.
 3301         Section 35. Subsection (4) of section 373.089, Florida
 3302  Statutes, is amended to read:
 3303         373.089 Sale or exchange of lands, or interests or rights
 3304  in lands.—The governing board of the district may sell lands, or
 3305  interests or rights in lands, to which the district has acquired
 3306  title or to which it may hereafter acquire title in the
 3307  following manner:
 3308         (4) The governing board of a district may exchange lands,
 3309  or interests or rights in lands, owned by, or lands, or
 3310  interests or rights in lands, for which title is otherwise
 3311  vested in, the district for other lands, or interests or rights
 3312  in lands, within the state owned by any person. The governing
 3313  board shall fix the terms and conditions of any such exchange
 3314  and may pay or receive any sum of money that the board considers
 3315  necessary to equalize the values of exchanged properties. Land,
 3316  or interests or rights in land, acquired under former s. 373.59,
 3317  Florida Statutes 2014, may be exchanged only for lands, or
 3318  interests or rights in lands, that otherwise meet the
 3319  requirements of that section for acquisition.
 3320         Section 36. Paragraph (a) of subsection (5) of section
 3321  373.129, Florida Statutes, is amended to read:
 3322         373.129 Maintenance of actions.—The department, the
 3323  governing board of any water management district, any local
 3324  board, or a local government to which authority has been
 3325  delegated pursuant to s. 373.103(8), is authorized to commence
 3326  and maintain proper and necessary actions and proceedings in any
 3327  court of competent jurisdiction for any of the following
 3328  purposes:
 3329         (5) To recover a civil penalty for each offense in an
 3330  amount not to exceed $10,000 per offense. Each date during which
 3331  such violation occurs constitutes a separate offense.
 3332         (a) A civil penalty recovered by a water management
 3333  district pursuant to this subsection shall be retained deposited
 3334  in the Water Management Lands Trust Fund established under s.
 3335  373.59 and used exclusively by the water management district
 3336  that collected deposits the money into the fund. A civil penalty
 3337  recovered by the department pursuant to this subsection shall be
 3338  deposited into the Water Quality Assurance Trust Fund
 3339  established under s. 376.307 Any such civil penalty recovered
 3340  after the expiration of such fund shall be deposited in the
 3341  Ecosystem Management and Restoration Trust Fund and used
 3342  exclusively within the water management district that deposits
 3343  the money into the fund.
 3344         Section 37. Subsection (5) of section 373.1391, Florida
 3345  Statutes, is amended to read:
 3346         373.1391 Management of real property.—
 3347         (5) The following additional uses of lands acquired
 3348  pursuant to the Florida Forever program and other state-funded
 3349  land purchase programs shall be authorized, upon a finding by
 3350  the governing board, if they meet the criteria specified in
 3351  paragraphs (a)-(e): water resource development projects, water
 3352  supply development projects, stormwater management projects,
 3353  linear facilities, and sustainable agriculture and forestry.
 3354  Such additional uses are authorized where:
 3355         (a) Not inconsistent with the management plan for such
 3356  lands;
 3357         (b) Compatible with the natural ecosystem and resource
 3358  values of such lands;
 3359         (c) The proposed use is appropriately located on such lands
 3360  and where due consideration is given to the use of other
 3361  available lands;
 3362         (d) The using entity reasonably compensates the titleholder
 3363  for such use based upon an appropriate measure of value; and
 3364         (e) The use is consistent with the public interest.
 3365  
 3366  A decision by the governing board pursuant to this subsection
 3367  shall be given a presumption of correctness. Moneys received
 3368  from the use of state lands pursuant to this subsection shall be
 3369  returned to the lead managing agency in accordance with the
 3370  provisions of s. 373.59.
 3371         Section 38. Subsection (7) of section 373.199, Florida
 3372  Statutes, is amended to read:
 3373         373.199 Florida Forever Water Management District Work
 3374  Plan.—
 3375         (7) By June 1, 2001, each district shall file with the
 3376  President of the Senate, the Speaker of the House of
 3377  Representatives, and the Secretary of Environmental Protection
 3378  the initial 5-year work plan as required under subsection (2).
 3379  By March 1 of each year thereafter, as part of the consolidated
 3380  annual report required by s. 373.036(7), each district shall
 3381  report on acquisitions completed during the year together with
 3382  modifications or additions to its 5-year work plan. Included in
 3383  the report shall be:
 3384         (a) A description of land management activity for each
 3385  property or project area owned by the water management district.
 3386         (b) A list of any lands surplused and the amount of
 3387  compensation received.
 3388         (c) The progress of funding, staffing, and resource
 3389  management of every project funded pursuant to former s.
 3390  259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
 3391  former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
 3392  the district is responsible.
 3393  
 3394  The secretary shall submit the report referenced in this
 3395  subsection to the Board of Trustees of the Internal Improvement
 3396  Trust Fund together with the Acquisition and Restoration
 3397  Council’s project list as required under s. 259.105.
 3398         Section 39. Subsection (7) of section 373.430, Florida
 3399  Statutes, is amended to read:
 3400         373.430 Prohibitions, violation, penalty, intent.—
 3401         (7) All moneys recovered under the provisions of this
 3402  section shall be allocated to the use of the water management
 3403  district, the department, or the local government, whichever
 3404  undertook and maintained the enforcement action. All monetary
 3405  penalties and damages recovered by the department or the state
 3406  under the provisions of this section shall be deposited into in
 3407  the Florida Permit Fee Ecosystem Management and Restoration
 3408  Trust Fund. All monetary penalties and damages recovered
 3409  pursuant to this section by a water management district shall be
 3410  retained deposited in the Water Management Lands Trust Fund
 3411  established under s. 373.59 and used exclusively within the
 3412  territory of the water management district which collected
 3413  deposits the money into the fund. Any such monetary penalties
 3414  and damages recovered after the expiration of such fund shall be
 3415  deposited in the Ecosystem Management and Restoration Trust Fund
 3416  and used exclusively within the territory of the water
 3417  management district which deposits the money into the fund. All
 3418  monetary penalties and damages recovered pursuant to this
 3419  subsection by a local government to which authority has been
 3420  delegated pursuant to s. 373.103(8) shall be used to enhance
 3421  surface water improvement or pollution control activities.
 3422         Section 40. Subsections (3) through (6) of section 373.459,
 3423  Florida Statutes, are amended to read:
 3424         373.459 Funds for surface water improvement and
 3425  management.—
 3426         (3) The Ecosystem Management and Restoration Trust Fund
 3427  shall be used for the deposit of funds appropriated by the
 3428  Legislature for the purposes of ss. 373.451-373.4595. The
 3429  department shall administer all funds appropriated to or
 3430  received for surface water improvement and management
 3431  activities. Expenditure of the moneys shall be limited to the
 3432  costs of detailed planning and plan and program implementation
 3433  for priority surface water bodies. Moneys may from the fund
 3434  shall not be expended for planning for, or construction or
 3435  expansion of, treatment facilities for domestic or industrial
 3436  waste disposal.
 3437         (4) The department shall authorize the release of money
 3438  from the fund in accordance with the provisions of s. 373.501(2)
 3439  and procedures in s. 373.59(4) and (5).
 3440         (5) Moneys in the fund which are not needed to meet current
 3441  obligations incurred under this section shall be transferred to
 3442  the State Board of Administration, to the credit of the trust
 3443  fund, to be invested in the manner provided by law. Interest
 3444  received on such investments shall be credited to the trust
 3445  fund.
 3446         (5)(6) The match requirement of subsection (2) does shall
 3447  not apply to the Suwannee River Water Management District, the
 3448  Northwest Florida Water Management District, or a financially
 3449  disadvantaged small local government as defined in former s.
 3450  403.885(3).
 3451         Section 41. Paragraph (a) of subsection (3) of section
 3452  373.4592, Florida Statutes, is amended to read:
 3453         373.4592 Everglades improvement and management.—
 3454         (3) EVERGLADES LONG-TERM PLAN.—
 3455         (a) The Legislature finds that the Everglades Program
 3456  required by this section establishes more extensive and
 3457  comprehensive requirements for surface water improvement and
 3458  management within the Everglades than the SWIM plan requirements
 3459  provided in ss. 373.451 and 373.453. In order to avoid
 3460  duplicative requirements, and in order to conserve the resources
 3461  available to the district, the SWIM plan requirements of those
 3462  sections shall not apply to the Everglades Protection Area and
 3463  the EAA during the term of the Everglades Program, and the
 3464  district will neither propose, nor take final agency action on,
 3465  any Everglades SWIM plan for those areas until the Everglades
 3466  Program is fully implemented. Funds identified under former s.
 3467  259.101(3)(b), Florida Statutes 2014, may be used for
 3468  acquisition of lands necessary to implement the Everglades
 3469  Construction Project, to the extent these funds are identified
 3470  in the Statement of Principles of July 1993. The district’s
 3471  actions in implementing the Everglades Construction Project
 3472  relating to the responsibilities of the EAA and C-139 Basin for
 3473  funding and water quality compliance in the EAA and the
 3474  Everglades Protection Area shall be governed by this section.
 3475  Other strategies or activities in the March 1992 Everglades SWIM
 3476  plan may be implemented if otherwise authorized by law.
 3477         Section 42. Subsection (4) of section 373.45926, Florida
 3478  Statutes, is amended to read:
 3479         373.45926 Everglades Trust Fund; allocation of revenues and
 3480  expenditure of funds for conservation and protection of natural
 3481  resources and abatement of water pollution.—
 3482         (4) The following funds shall be deposited into the
 3483  Everglades Trust Fund specifically for the implementation of the
 3484  Everglades Forever Act.
 3485         (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
 3486         (b) Everglades agricultural privilege tax revenues pursuant
 3487  to s. 373.4592(6).
 3488         (c) C-139 agricultural privilege tax revenues pursuant to
 3489  s. 373.4592(7).
 3490         (d) Special assessment revenues pursuant to s. 373.4592(8).
 3491         (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
 3492         (f) Federal funds appropriated by the United States
 3493  Congress for any component of the Everglades Construction
 3494  Project.
 3495         (g) Preservation 2000 funds for acquisition of lands
 3496  necessary for implementation of the Everglades Forever Act as
 3497  prescribed in an annual appropriation.
 3498         (g)(h) Any additional funds specifically appropriated by
 3499  the Legislature for this purpose.
 3500         (h)(i) Gifts designated for implementation of the
 3501  Everglades Forever Act from individuals, corporations, and other
 3502  entities.
 3503         (i)(j) Any additional funds that become available for this
 3504  purpose from any other source.
 3505         Section 43. Paragraph (a) of subsection (6) and paragraph
 3506  (b) of subsection (7) of section 373.470, Florida Statutes, are
 3507  amended to read:
 3508         373.470 Everglades restoration.—
 3509         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 3510         (a) Except as provided in paragraphs (d) and (e) and for
 3511  funds appropriated for debt service, the department shall
 3512  distribute funds in the Save Our Everglades Trust Fund to the
 3513  district in accordance with a legislative appropriation and s.
 3514  373.026(8)(b) and (c). Distribution of funds to the district
 3515  from the Save Our Everglades Trust Fund shall be equally matched
 3516  by the cumulative contributions from the district by fiscal year
 3517  2019-2020 by providing funding or credits toward project
 3518  components. The dollar value of in-kind project design and
 3519  construction work by the district in furtherance of the
 3520  comprehensive plan and existing interest in public lands needed
 3521  for a project component are credits towards the district’s
 3522  contributions.
 3523         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 3524  accountability for the financial commitments established under
 3525  this section and the progress made in the implementation of the
 3526  comprehensive plan, the following information must be prepared
 3527  annually as part of the consolidated annual report required by
 3528  s. 373.036(7):
 3529         (b) The department shall prepare a detailed report on all
 3530  funds expended by the state and credited toward the state’s
 3531  share of funding for implementation of the comprehensive plan.
 3532  The report shall include:
 3533         1. A description of all expenditures, by source and amount,
 3534  from the Conservation and Recreation Lands Trust Fund, the Land
 3535  Acquisition Trust Fund, the Preservation 2000 Trust Fund, the
 3536  Florida Forever Trust Fund, the Save Our Everglades Trust Fund,
 3537  and other named funds or accounts for the acquisition or
 3538  construction of project components or other features or
 3539  facilities that benefit the comprehensive plan.
 3540         2. A description of the purposes for which the funds were
 3541  expended.
 3542         3. The unencumbered fiscal-year-end balance that remains in
 3543  each trust fund or account identified in subparagraph 1.
 3544  
 3545  The information required in paragraphs (a), (b), and (c) shall
 3546  be provided as part of the consolidated annual report required
 3547  by s. 373.036(7). The initial report is due by November 30,
 3548  2000, and each annual report thereafter is due by March 1.
 3549         Section 44. Subsection (2) of section 373.584, Florida
 3550  Statutes, is amended to read:
 3551         373.584 Revenue bonds.—
 3552         (2) Revenues derived by the district from the Water
 3553  Management Lands Trust Fund as provided in s. 373.59 or any
 3554  other revenues of the district may be pledged to the payment of
 3555  such revenue bonds; however, the ad valorem taxing powers of the
 3556  district may not be pledged to the payment of such revenue bonds
 3557  without prior compliance with the requirements of the State
 3558  Constitution as to the affirmative vote of the electors of the
 3559  district and with the requirements of s. 373.563, and bonds
 3560  payable from the Water Management Lands Trust Fund shall be
 3561  issued solely for the purposes set forth in s. 373.59. Revenue
 3562  bonds and notes shall be, and shall be deemed to be, for all
 3563  purposes, negotiable instruments, subject only to the provisions
 3564  of the revenue bonds and notes for registration. The powers and
 3565  authority of districts to issue revenue bonds, including, but
 3566  not limited to, bonds to finance a stormwater management system
 3567  as defined by s. 373.403, and to enter into contracts incidental
 3568  thereto, and to do all things necessary and desirable in
 3569  connection with the issuance of revenue bonds, shall be
 3570  coextensive with the powers and authority of municipalities to
 3571  issue bonds under state law. The provisions of this section
 3572  constitute full and complete authority for the issuance of
 3573  revenue bonds and shall be liberally construed to effectuate its
 3574  purpose.
 3575         Section 45. Section 373.59, Florida Statutes, is amended to
 3576  read:
 3577         373.59 Payment in lieu of taxes for lands acquired for
 3578  water management district purposes Water Management Lands Trust
 3579  Fund.—
 3580         (1) There is established within the Department of
 3581  Environmental Protection the Water Management Lands Trust Fund
 3582  to be used as a nonlapsing fund for the purposes of this
 3583  section. The moneys in this fund are hereby continually
 3584  appropriated for the purposes of land acquisition, management,
 3585  maintenance, capital improvements of land titled to the
 3586  districts, payments in lieu of taxes, debt service on bonds
 3587  issued prior to July 1, 1999, debt service on bonds issued on or
 3588  after July 1, 1999, which are issued to refund bonds issued
 3589  before July 1, 1999, preacquisition costs associated with land
 3590  purchases, and the department’s costs of administration of the
 3591  fund. No refunding bonds may be issued which mature after the
 3592  final maturity date of the bonds being refunded or which provide
 3593  for higher debt service in any year than is payable on such
 3594  bonds as of February 1, 2009. The department’s costs of
 3595  administration shall be charged proportionally against each
 3596  district’s allocation using the formula provided in subsection
 3597  (8). Capital improvements shall include, but need not be limited
 3598  to, perimeter fencing, signs, firelanes, control of invasive
 3599  exotic species, controlled burning, habitat inventory and
 3600  restoration, law enforcement, access roads and trails, and
 3601  minimal public accommodations, such as primitive campsites,
 3602  garbage receptacles, and toilets. The moneys in the fund may
 3603  also be appropriated to supplement operational expenditures at
 3604  the Northwest Florida Water Management District and the Suwannee
 3605  River Water Management District, with such appropriations
 3606  allocated prior to the allocations set out in subsection (8) to
 3607  the five water management districts.
 3608         (2) Until the Preservation 2000 Program is concluded, each
 3609  district shall file with the Legislature and the Secretary of
 3610  Environmental Protection a report of acquisition activity, by
 3611  January 15 of each year, together with modifications or
 3612  additions to its 5-year plan of acquisition. Included in the
 3613  report shall be an identification of those lands which require a
 3614  full fee simple interest to achieve water management goals and
 3615  those lands which can be acquired using alternatives to fee
 3616  simple acquisition techniques and still achieve such goals. In
 3617  their evaluation of which lands would be appropriate for
 3618  acquisition through alternatives to fee simple, district staff
 3619  shall consider criteria including, but not limited to,
 3620  acquisition costs, the net present value of future land
 3621  management costs, the net present value of ad valorem revenue
 3622  loss to the local government, and the potential for revenue
 3623  generated from activities compatible with acquisition
 3624  objectives. The report shall also include a description of land
 3625  management activity. However, no acquisition of lands shall
 3626  occur without a public hearing similar to those held pursuant to
 3627  the provisions set forth in s. 120.54. In the annual update of
 3628  its 5-year plan for acquisition, each district shall identify
 3629  lands needed to protect or recharge groundwater and shall
 3630  establish a plan for their acquisition as necessary to protect
 3631  potable water supplies. Lands which serve to protect or recharge
 3632  groundwater identified pursuant to this paragraph shall also
 3633  serve to protect other valuable natural resources or provide
 3634  space for natural resource based recreation. Once all
 3635  Preservation 2000 funds allocated to the water management
 3636  districts have been expended or committed, this subsection shall
 3637  be repealed.
 3638         (3) Each district shall remove the property of an unwilling
 3639  seller from its plan of acquisition at the next scheduled update
 3640  of the plan, if in receipt of a request to do so by the property
 3641  owner. This subsection shall be repealed at the conclusion of
 3642  the Preservation 2000 program.
 3643         (4) The Secretary of Environmental Protection shall release
 3644  moneys from the Water Management Lands Trust Fund to a district
 3645  for preacquisition costs within 30 days after receipt of a
 3646  resolution adopted by the district’s governing board which
 3647  identifies and justifies any such preacquisition costs necessary
 3648  for the purchase of any lands listed in the district’s 5-year
 3649  plan. The district shall return to the department any funds not
 3650  used for the purposes stated in the resolution, and the
 3651  department shall deposit the unused funds into the Water
 3652  Management Lands Trust Fund.
 3653         (5) The Secretary of Environmental Protection shall release
 3654  to the districts moneys for management, maintenance, and capital
 3655  improvements following receipt of a resolution and request
 3656  adopted by the governing board which specifies the designated
 3657  managing agency, specific management activities, public use,
 3658  estimated annual operating costs, and other acceptable
 3659  documentation to justify release of moneys.
 3660         (6) If a district issues revenue bonds or notes under s.
 3661  373.584 prior to July 1, 1999, the district may pledge its share
 3662  of the moneys in the Water Management Lands Trust Fund as
 3663  security for such bonds or notes. The Department of
 3664  Environmental Protection shall pay moneys from the trust fund to
 3665  a district or its designee sufficient to pay the debt service,
 3666  as it becomes due, on the outstanding bonds and notes of the
 3667  district; however, such payments shall not exceed the district’s
 3668  cumulative portion of the trust fund. However, any moneys
 3669  remaining after payment of the amount due on the debt service
 3670  shall be released to the district pursuant to subsection (5).
 3671         (7) Any unused portion of a district’s share of the fund
 3672  shall accumulate in the trust fund to the credit of that
 3673  district. Interest earned on such portion shall also accumulate
 3674  to the credit of that district to be used for management,
 3675  maintenance, and capital improvements as provided in this
 3676  section. The total moneys over the life of the fund available to
 3677  any district under this section shall not be reduced except by
 3678  resolution of the district governing board stating that the need
 3679  for the moneys no longer exists. Any water management district
 3680  with fund balances in the Water Management Lands Trust Fund as
 3681  of March 1, 1999, may expend those funds for land acquisitions
 3682  pursuant to s. 373.139, or for the purpose specified in this
 3683  subsection.
 3684         (8) Moneys from the Water Management Lands Trust Fund shall
 3685  be allocated as follows:
 3686         (a) Beginning with the 2009-2010 fiscal year, thirty
 3687  percent shall be used first to pay debt service on bonds issued
 3688  before February 1, 2009, by the South Florida Water Management
 3689  District which are secured by revenues provided by this section
 3690  or to fund debt service reserve funds, rebate obligations, or
 3691  other amounts payable with respect to such bonds, then to
 3692  transfer $3,000,000 to the credit of the General Revenue Fund in
 3693  each fiscal year, and lastly to distribute the remainder to the
 3694  South Florida Water Management District.
 3695         (b) Beginning with the 2009-2010 fiscal year, twenty-five
 3696  percent shall be used first to transfer $2,500,000 to the credit
 3697  of the General Revenue Fund in each fiscal year and then to
 3698  distribute the remainder to the Southwest Florida Water
 3699  Management District.
 3700         (c) Beginning with the 2009-2010 fiscal year, twenty-five
 3701  percent shall be used first to pay debt service on bonds issued
 3702  before February 1, 2009, by the St. Johns River Water Management
 3703  District which are secured by revenues provided by this section
 3704  or to fund debt service reserve funds, rebate obligations, or
 3705  other amounts payable with respect to such bonds, then to
 3706  transfer $2,500,000 to the credit of the General Revenue Fund in
 3707  each fiscal year, and to distribute the remainder to the St.
 3708  Johns River Water Management District.
 3709         (d) Ten percent to the Suwannee River Water Management
 3710  District.
 3711         (e) Ten percent to the Northwest Florida Water Management
 3712  District.
 3713         (9) Moneys in the fund not needed to meet current
 3714  obligations incurred under this section shall be transferred to
 3715  the State Board of Administration, to the credit of the fund, to
 3716  be invested in the manner provided by law. Interest received on
 3717  such investments shall be credited to the fund.
 3718         (10)(a)Beginning July 1, 1999, not more than one-fourth of
 3719  the Funds provided for in subsections (1) and (8) in any year
 3720  shall be reserved annually by a governing board, during the
 3721  development of its annual operating budget, for payments in lieu
 3722  of taxes for all actual ad valorem tax losses incurred as a
 3723  result of all governing board acquisitions for water management
 3724  district purposes. Reserved funds not used for payments in lieu
 3725  of taxes in any year shall revert to the Water Management Lands
 3726  Trust Fund to be used in accordance with the provisions of this
 3727  section.
 3728         (2)(b) Payment in lieu of taxes shall be available:
 3729         (a)1. To all counties that have a population of 150,000 or
 3730  fewer. Population levels shall be determined pursuant to s.
 3731  186.901. The population estimates published April 1 and used in
 3732  the revenue-sharing formula pursuant to s. 186.901 shall be used
 3733  to determine eligibility under this subsection and shall apply
 3734  to payments made for the subsequent fiscal year.
 3735         (b)2. To all local governments located in eligible counties
 3736  and whose lands are bought and taken off the tax rolls.
 3737  
 3738  For properties acquired after January 1, 2000, in the event that
 3739  such properties otherwise eligible for payment in lieu of taxes
 3740  under this subsection are leased or reserved and remain subject
 3741  to ad valorem taxes, payments in lieu of taxes shall commence or
 3742  recommence upon the expiration or termination of the lease or
 3743  reservation. If the lease is terminated for only a portion of
 3744  the lands at any time, the annual payments shall be made for
 3745  that portion only commencing the year after such termination,
 3746  without limiting the requirement that annual payments shall be
 3747  made on the remaining portion or portions of the land as the
 3748  lease on each expires. For the purposes of this subsection,
 3749  “local government” includes municipalities and the county school
 3750  board.
 3751         (3)(c) If sufficient funds are unavailable in any year to
 3752  make full payments to all qualifying counties and local
 3753  governments, such counties and local governments shall receive a
 3754  pro rata share of the moneys available.
 3755         (4)(d) The payment amount shall be based on the average
 3756  amount of actual ad valorem taxes paid on the property for the 3
 3757  years preceding acquisition. Applications for payment in lieu of
 3758  taxes shall be made no later than May 31 of the year for which
 3759  payment is sought. No payment in lieu of taxes shall be made for
 3760  properties which were exempt from ad valorem taxation for the
 3761  year immediately preceding acquisition.
 3762         (5)(e) If property that was subject to ad valorem taxation
 3763  was acquired by a tax-exempt entity for ultimate conveyance to
 3764  the state under this chapter, payment in lieu of taxes shall be
 3765  made for such property based upon the average amount of ad
 3766  valorem taxes paid on the property for the 3 years prior to its
 3767  being removed from the tax rolls. The water management districts
 3768  shall certify to the Department of Revenue those properties that
 3769  may be eligible under this provision. Once eligibility has been
 3770  established, that governmental entity shall receive annual
 3771  payments for each tax loss until the qualifying governmental
 3772  entity exceeds the population threshold pursuant to subsection
 3773  (2) paragraph (b).
 3774         (6)(f) Payment in lieu of taxes pursuant to this subsection
 3775  shall be made annually to qualifying counties and local
 3776  governments after certification by the Department of Revenue
 3777  that the amounts applied for are reasonably appropriate, based
 3778  on the amount of actual ad valorem taxes paid on the eligible
 3779  property, and after the water management districts have provided
 3780  supporting documents to the Chief Financial Officer and have
 3781  requested that payment be made in accordance with the
 3782  requirements of this section. With the assistance of the local
 3783  government requesting payment in lieu of taxes, the water
 3784  management district that acquired the land is responsible for
 3785  preparing and submitting application requests for payment to the
 3786  Department of Revenue for certification.
 3787         (7)(g) If a water management district conveys to a county
 3788  or local government title to any land owned by the district, any
 3789  payments in lieu of taxes on the land made to the county or
 3790  local government shall be discontinued as of the date of the
 3791  conveyance.
 3792         (11) Notwithstanding any provision of this section to the
 3793  contrary, the governing board of a water management district may
 3794  request, and the Secretary of Environmental Protection shall
 3795  release upon such request, moneys allocated to the districts
 3796  pursuant to subsection (8) for purposes consistent with the
 3797  provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
 3798  373.451-373.4595 and for legislatively authorized land
 3799  acquisition and water restoration initiatives. No funds may be
 3800  used pursuant to this subsection until necessary debt service
 3801  obligations, requirements for payments in lieu of taxes, and
 3802  land management obligations that may be required by this chapter
 3803  are provided for.
 3804         (12) Notwithstanding subsection (8), and for the 2014-2015
 3805  fiscal year only, the moneys from the Water Management Lands
 3806  Trust Fund are allocated as follows:
 3807         (a) An amount necessary to pay debt service on bonds issued
 3808  before February 1, 2009, by the South Florida Water Management
 3809  District and the St. Johns River Water Management District,
 3810  which are secured by revenues provided pursuant to this section,
 3811  or to fund debt service reserve funds, rebate obligations, or
 3812  other amounts payable with respect to such bonds.
 3813         (b) Eight million dollars to be transferred to the General
 3814  Revenue Fund.
 3815         (c) Seven million seven hundred thousand dollars to be
 3816  transferred to the Save Our Everglades Trust Fund to support
 3817  Everglades restoration projects included in the final report of
 3818  the Select Committee on Indian River Lagoon and Lake Okeechobee
 3819  Basin, dated November 8, 2013.
 3820         (d) Any remaining funds to be provided in accordance with
 3821  the General Appropriations Act.
 3822  
 3823  This subsection expires July 1, 2015.
 3824         Section 46. Section 373.5905, Florida Statutes, is amended
 3825  to read:
 3826         373.5905 Reinstatement of payments in lieu of taxes;
 3827  duration.—If a water management district has made a payment in
 3828  lieu of taxes to a governmental entity and subsequently
 3829  suspended such payment, beginning July 1, 2009, the water
 3830  management district shall reinstate appropriate payments and
 3831  continue the payments for as long as the county population
 3832  remains below the population threshold pursuant to s.
 3833  373.59(2)(a) s. 373.59(10)(b). This section does not authorize
 3834  or provide for payments in arrears.
 3835         Section 47. Subsection (8) of section 373.703, Florida
 3836  Statutes, is amended to read:
 3837         373.703 Water production; general powers and duties.—In the
 3838  performance of, and in conjunction with, its other powers and
 3839  duties, the governing board of a water management district
 3840  existing pursuant to this chapter:
 3841         (8) In addition to the power to issue revenue bonds
 3842  pursuant to s. 373.584, may issue revenue bonds for the purposes
 3843  of paying the costs and expenses incurred in carrying out the
 3844  purposes of this chapter or refunding obligations of the
 3845  district issued pursuant to this section. Such revenue bonds
 3846  shall be secured by, and be payable from, revenues derived from
 3847  the operation, lease, or use of its water production and
 3848  transmission facilities and other water-related facilities and
 3849  from the sale of water or services relating thereto. Such
 3850  revenue bonds may not be secured by, or be payable from, moneys
 3851  derived by the district from the Water Management Lands Trust
 3852  Fund or from ad valorem taxes received by the district or from
 3853  moneys appropriated by the Legislature, unless otherwise
 3854  specifically authorized by law. All provisions of s. 373.584
 3855  relating to the issuance of revenue bonds which are not
 3856  inconsistent with this section shall apply to the issuance of
 3857  revenue bonds pursuant to this section. The district may also
 3858  issue bond anticipation notes in accordance with the provisions
 3859  of s. 373.584.
 3860         Section 48. Subsection (8) of section 375.031, Florida
 3861  Statutes, is amended to read:
 3862         375.031 Acquisition of land; procedures.—
 3863         (8) The department may, if it deems it desirable and in the
 3864  best interest of the program, request the board of trustees to
 3865  sell or otherwise dispose of any lands or water storage areas
 3866  acquired under this act. The board of trustees, when so
 3867  requested, shall offer the lands or water storage areas, on such
 3868  terms as the department may determine, first to other state
 3869  agencies and then, if still available, to the county or
 3870  municipality in which the lands or water storage areas lie. If
 3871  not acquired by another state agency or local governmental body
 3872  for beneficial public purposes, the lands or water storage areas
 3873  shall then be offered by the board of trustees at public sale,
 3874  after first giving notice of such sale by publication in a
 3875  newspaper published in the county or counties in which such
 3876  lands or water storage areas lie not less than once a week for 3
 3877  consecutive weeks. All proceeds from the sale or disposition of
 3878  any lands or water storage areas pursuant to this section shall
 3879  be deposited into the appropriate trust fund pursuant to s.
 3880  253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
 3881         Section 49. Section 375.041, Florida Statutes, is amended
 3882  to read:
 3883         375.041 Land Acquisition Trust Fund.—
 3884         (1) There is created a Land Acquisition Trust Fund within
 3885  the Department of Environmental Protection. The Land Acquisition
 3886  Trust Fund is designated by s. 28, Art. X of the State
 3887  Constitution for receipt of certain documentary stamp tax
 3888  revenue for the uses prescribed therein to facilitate and
 3889  expedite the acquisition of land, water areas, and related
 3890  resources required to accomplish the purposes of this act. The
 3891  Land Acquisition Trust Fund shall be held and administered by
 3892  the department. All moneys and revenue from the operation,
 3893  management, sale, lease, or other disposition of land, water
 3894  areas, or related resources acquired on or after July 1, 2015,
 3895  under the Florida Forever Program, and the facilities thereon
 3896  acquired or constructed under this act shall be deposited into
 3897  in or credited to the Land Acquisition Trust Fund or, if
 3898  required by bond covenants, into the trust fund from which the
 3899  lands were purchased. Moneys accruing to any agency for the
 3900  purposes enumerated in this act may be deposited in this fund.
 3901  There shall also be deposited into the Land Acquisition Trust
 3902  Fund other moneys as authorized by appropriate act of the
 3903  Legislature. All moneys so deposited into the Land Acquisition
 3904  Trust Fund shall be trust funds for the uses and purposes herein
 3905  set forth, within the meaning of s. 215.32(1)(b); and such
 3906  moneys shall not become or be commingled with the General
 3907  Revenue Fund of the state, as defined by s. 215.32(1)(a).
 3908         (2) Funds distributed into The moneys on deposit in the
 3909  Land Acquisition Trust Fund pursuant to s. 201.15(1) shall be
 3910  first applied first to:
 3911         (a) Pay debt service or to fund debt service reserve funds,
 3912  rebate obligations, or other amounts payable with respect to
 3913  Florida Forever bonds issued under s. 215.63; pay into the State
 3914  Treasury to the credit of the Save Our Everglades Trust Fund
 3915  amounts necessary to pay debt service, provide reserves, and pay
 3916  rebate obligations and other amounts due with respect to bonds
 3917  issued under s. 215.619; and pay debt service or funding of debt
 3918  service reserve funds, rebate obligations, or other amounts
 3919  payable with respect to the bonds issued under s. 373.584; and
 3920         (b) Distribute $32 million to the South Florida Water
 3921  Management District for the Long-Term Plan as defined in s.
 3922  373.4592(2). This paragraph expires July 1, 2024 pay the rentals
 3923  due under lease-purchase agreements or to meet debt service
 3924  requirements of revenue bonds issued pursuant to s. 375.051;
 3925  provided, however, that debt service on Save Our Coast bonds
 3926  shall not be paid from moneys transferred to the Land
 3927  Acquisition Trust Fund pursuant to s. 259.032(2)(b).
 3928         (3)(a) Any remaining moneys in the Land Acquisition Trust
 3929  Fund which are not distributed pledged for rentals or debt
 3930  service as provided in subsection (2) may be expended from time
 3931  to time for the purposes set forth in s. 28, Art. X of the State
 3932  Constitution to acquire land, water areas, and related resources
 3933  and to construct, improve, enlarge, extend, operate, and
 3934  maintain capital improvements and facilities in accordance with
 3935  the plan. Moneys accruing to other agencies for the purposes
 3936  designated in subsection (1) shall be transferred pursuant to
 3937  nonoperating budget authority under s. 216.181(12). Agencies
 3938  shall maintain the integrity of such transferred moneys. Any
 3939  transferred moneys available from reversions or reductions of
 3940  budget authority in the other agencies shall be transferred back
 3941  to the Land Acquisition Trust Fund in the Department of
 3942  Environmental Protection within 15 days after such reversion or
 3943  reduction and must be available for future appropriation
 3944  pursuant to s. 28, Art. X of the State Constitution.
 3945         (b) In addition to the uses allowed under paragraph (a),
 3946  for the 2014-2015 fiscal year, moneys in the Land Acquisition
 3947  Trust Fund may be transferred to support the Total Maximum Daily
 3948  Loads Program as provided in the General Appropriations Act.
 3949  This paragraph expires July 1, 2015.
 3950         (c) For the 2014-2015 fiscal year only, moneys in the Land
 3951  Acquisition Trust Fund may be transferred to the Save Our
 3952  Everglades Trust Fund to support Everglades restoration projects
 3953  included in the final report of the Select Committee on Indian
 3954  River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
 3955  and to the Florida Forever Trust Fund for the Florida Forever
 3956  program pursuant to nonoperating budget authority under s.
 3957  216.181(12). This paragraph expires July 1, 2015.
 3958         (4) The department may disburse moneys in the Land
 3959  Acquisition Trust Fund to pay all necessary expenses to carry
 3960  out the purposes of this act. The department shall disburse
 3961  moneys from the Land Acquisition Trust Fund to the Fish and
 3962  Wildlife Conservation Commission for the purpose of funding law
 3963  enforcement services on state lands.
 3964         (4)(5) When the Legislature has authorized the Department
 3965  of Environmental Protection to condemn a specific parcel of land
 3966  and such parcel already has been approved for acquisition
 3967  through the fund, the land may be acquired in accordance with
 3968  the provisions of chapter 73 or chapter 74, and the fund may be
 3969  used to pay the condemnation award and all costs, including a
 3970  reasonable attorney attorney’s fee, associated with
 3971  condemnation.
 3972         Section 50. Subsection (2) of section 375.044, Florida
 3973  Statutes, is amended to read:
 3974         375.044 Land Acquisition Trust Fund budget request.—
 3975         (2) The legislative budget request shall be submitted to
 3976  the Executive Office of the Governor and the Legislature in
 3977  conjunction with the provisions of ss. 216.023, 216.031, and
 3978  216.043. The 10-year request shall include, but need shall not
 3979  be limited to:
 3980         (a) A 10-year annual cash-flow analysis of the Land
 3981  Acquisition Trust Fund.
 3982         (b) The requested schedule of the agency for issuance of
 3983  Save Our Coasts bonds.
 3984         (b)(c) Forecasts of anticipated revenues to the Land
 3985  Acquisition Trust Fund.
 3986         (c)(d) The estimate of the agency of Land Acquisition Trust
 3987  Fund encumbrances and commitments for each year and the
 3988  corresponding estimates of expenditures.
 3989         Section 51. Section 375.045, Florida Statutes, is repealed.
 3990         Section 52. Subsection (1) and paragraph (c) of subsection
 3991  (2) of section 375.075, Florida Statutes, are amended to read:
 3992         375.075 Outdoor recreation; financial assistance to local
 3993  governments.—
 3994         (1) The Department of Environmental Protection is
 3995  authorized to establish the Florida Recreation Development
 3996  Assistance Program to provide grants subject to legislative
 3997  appropriation to qualified local governmental entities to
 3998  acquire or develop land for public outdoor recreation purposes.
 3999  To the extent not needed for debt service on bonds issued
 4000  pursuant to s. 375.051, each year the department shall develop
 4001  and plan a program which shall be based upon funding of not less
 4002  than 5 percent of the money credited to the Land Acquisition
 4003  Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
 4004  department shall develop and plan a program that must which
 4005  shall be based upon the cumulative total funding appropriated by
 4006  the Legislature for such purpose provided from this section and
 4007  from the Florida Forever Trust Fund pursuant to s.
 4008  259.105(3)(d).
 4009         (2)
 4010         (c) Funds may not be released under No release of funds
 4011  from the Land Acquisition Trust Fund, or from the Florida
 4012  Forever Trust Fund beginning in fiscal year 2001-2002, for this
 4013  program may be made for these public recreation projects until
 4014  the projects have been selected through the competitive
 4015  selection process provided for in this section.
 4016         Section 53. Section 376.11, Florida Statutes, is amended to
 4017  read:
 4018         376.11 Florida Coastal Protection Trust Fund.—
 4019         (1) The purpose of this section is to provide a mechanism
 4020  to have financial resources immediately available for prevention
 4021  of, and cleanup and rehabilitation after, a pollutant discharge,
 4022  to prevent further damage by the pollutant, and to pay for
 4023  damages. It is the legislative intent that this section be
 4024  liberally construed to effect the purposes set forth, such
 4025  interpretation being especially imperative in light of the
 4026  danger to the environment and resources.
 4027         (2) The Florida Coastal Protection Trust Fund is
 4028  established, to be used by the department and the Fish and
 4029  Wildlife Conservation Commission as a nonlapsing revolving fund
 4030  for carrying out the purposes of ss. 376.011-376.21.
 4031         (3)The following funds shall be deposited into the Florida
 4032  Coastal Protection Trust Fund: To this fund shall be credited
 4033         (a) All registration fees, penalties, judgments, damages
 4034  recovered pursuant to s. 376.121, other fees and charges related
 4035  to ss. 376.011-376.21, and the excise tax revenues levied,
 4036  collected, and credited pursuant to ss. 206.9935(1) and
 4037  206.9945(1)(a);
 4038         (b) Proceeds of fines and awards of damages pursuant to s.
 4039  161.054; and
 4040         (c) Funds from other sources otherwise specified by law.
 4041         (4) Charges against the fund shall be in accordance with
 4042  this section.
 4043         (5)(3) Moneys in the fund that are not needed currently to
 4044  meet the obligations of the department in the exercise of its
 4045  responsibilities under ss. 376.011-376.21 shall be deposited
 4046  with the Chief Financial Officer to the credit of the fund and
 4047  may be invested in such manner as is provided for by statute.
 4048  Interest received on such investment shall be credited to the
 4049  fund, except as otherwise specified herein.
 4050         (6)(4) Moneys in the Florida Coastal Protection Trust Fund
 4051  may shall be used disbursed for the following purposes and no
 4052  others:
 4053         (a) Carrying out the purposes of ss. 376.011-376.21.
 4054         (b)(a) Administrative expenses, personnel expenses, and
 4055  equipment costs of the department and the Fish and Wildlife
 4056  Conservation Commission related to the enforcement of ss.
 4057  376.011-376.21.
 4058         (c)(b) All costs involved in the prevention and abatement
 4059  of pollution related to the discharge of pollutants covered by
 4060  ss. 376.011-376.21 and the abatement of other potential
 4061  pollution hazards as authorized herein.
 4062         (d)(c) All costs and expenses of the cleanup, restoration,
 4063  and rehabilitation of waterfowl, wildlife, and all other natural
 4064  resources damaged by the discharge of pollutants, including the
 4065  costs of assessing and recovering damages to natural resources,
 4066  whether performed or authorized by the department or any other
 4067  state or local agency.
 4068         (e)(d) All provable costs and damages which are the
 4069  proximate results of the discharge of pollutants covered by ss.
 4070  376.011-376.21.
 4071         (f)(e) Loans to the Inland Protection Trust Fund created in
 4072  s. 376.3071.
 4073         (g)(f) The interest earned from investments of the balance
 4074  in the Florida Coastal Protection Trust Fund shall be used for
 4075  funding the administrative expenses, personnel expenses, and
 4076  equipment costs of the department relating to the enforcement of
 4077  ss. 376.011-376.21.
 4078         (h)(g) The funding of a grant program to local governments,
 4079  pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
 4080  vessels from the public waters of the state.
 4081         (i)(h) The department may spend up to $1 million per year
 4082  from the principal of the fund to acquire, design, train, and
 4083  maintain emergency cleanup response teams and equipment located
 4084  at appropriate ports throughout the state for the purpose of
 4085  cleaning oil and other toxic materials from coastal waters. When
 4086  the teams and equipment are not needed for these purposes they
 4087  may be used for any other valid purpose of the department.
 4088         (j)(i) To provide a temporary transfer of funds in an
 4089  amount not to exceed $10 million to the Minerals Trust Fund as
 4090  set forth in s. 376.40.
 4091         (k)(j) Funding for marine law enforcement.
 4092         (7)(5) Any interest in lands acquired using moneys in the
 4093  Florida Coastal Protection Trust Fund shall be held by the
 4094  Trustees of the Internal Improvement Trust Fund, and such lands
 4095  shall be acquired pursuant to the procedures set forth in s.
 4096  253.025.
 4097         (8)(6) The department shall recover to the use of the fund
 4098  from the person or persons causing the discharge or from the
 4099  Federal Government, jointly and severally, all sums owed or
 4100  expended from the fund, pursuant to s. 376.123(10), except that
 4101  recoveries resulting from damage due to a discharge of a
 4102  pollutant or other similar disaster shall be apportioned between
 4103  the Florida Coastal Protection Trust Fund and the General
 4104  Revenue Fund so as to repay the full costs to the General
 4105  Revenue Fund of any sums disbursed therefrom as a result of such
 4106  disaster. Requests for reimbursement to the fund for the above
 4107  costs, if not paid within 30 days of demand, shall be turned
 4108  over to the Department of Legal Affairs for collection.
 4109         Section 54. Subsection (8) of section 376.123, Florida
 4110  Statutes, is amended to read:
 4111         376.123 Claims against the Florida Coastal Protection Trust
 4112  Fund.—
 4113         (8) If a person chooses to make a claim against the fund
 4114  and accepts payment from, or a judgment against, the fund, then
 4115  the department shall be subrogated to any cause of action that
 4116  the claimant may have had, to the extent of such payment or
 4117  judgment, and shall diligently pursue recovery on that cause of
 4118  action pursuant to subsection (10) and s. 376.11(8) s.
 4119  376.11(6). In any such action, the amount of damages shall be
 4120  proved by the department by submitting to the court a written
 4121  report of the amounts paid or owed from the fund to claimants.
 4122  Such written report shall be admissible as evidence, and the
 4123  amounts paid from or owed by the fund to the claimants stated
 4124  therein shall be irrebuttably presumed to be the amount of
 4125  damages.
 4126         Section 55. Paragraphs (g) through (m) are added to
 4127  subsection (1) of section 376.307, Florida Statutes, subsection
 4128  (4) of that section is amended, and subsection (8) is added to
 4129  that section, to read:
 4130         376.307 Water Quality Assurance Trust Fund.—
 4131         (1) The Water Quality Assurance Trust Fund is intended to
 4132  serve as a broad-based fund for use in responding to incidents
 4133  of contamination that pose a serious danger to the quality of
 4134  groundwater and surface water resources or otherwise pose a
 4135  serious danger to the public health, safety, or welfare. Moneys
 4136  in this fund may be used:
 4137         (g) For detailed planning for and implementation of
 4138  programs for the management and restoration of ecosystems.
 4139         (h)For development and implementation of surface water
 4140  improvement and management plans and programs under ss. 373.451
 4141  373.4595.
 4142         (i) For activities to restore polluted areas of the state,
 4143  as defined by the department, to their condition before
 4144  pollution occurred or to otherwise enhance pollution control
 4145  activities.
 4146         (j)For activities undertaken by the department to recover
 4147  moneys as a result of actions against a person for a violation
 4148  of chapter 373.
 4149         (k)Funding activities described in s. 403.086(9) which are
 4150  authorized for implementation under the Leah Schad Memorial
 4151  Ocean Outfall Program.
 4152         (l) Funding activities to restore or rehabilitate injured
 4153  or destroyed coral reefs.
 4154         (m) For paying the outstanding and final debt service on
 4155  bonds issued before February 1, 2009, by the South Florida Water
 4156  Management District and the St. Johns River Water Management
 4157  District which are secured by revenues provided pursuant to
 4158  former s. 373.59, Florida Statutes 2014, or to fund debt service
 4159  reserve funds, rebate obligations, or other amounts payable with
 4160  respect to such bonds. This paragraph expires August 1, 2016.
 4161         (4) The trust fund shall be funded as follows:
 4162         (a) An annual transfer of interest funds from the Florida
 4163  Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
 4164  376.11(4)(f).
 4165         (b) All excise taxes levied, collected, and credited to the
 4166  Water Quality Assurance Trust Fund in accordance with the
 4167  provisions of ss. 206.9935(2) and 206.9945(1)(b).
 4168         (c) All penalties, judgments, recoveries, reimbursements,
 4169  and other fees and charges related to the enforcement of ss.
 4170  376.30-376.317, other than penalties, judgments, and other fees
 4171  and charges related to the enforcement of ss. 376.3071 and
 4172  376.3073.
 4173         (d) The fee on the retail sale of lead-acid batteries
 4174  credited to the Water Quality Assurance Trust Fund under s.
 4175  403.7185.
 4176         (e) All penalties, judgments, recoveries, reimbursements,
 4177  loans, and other fees and charges collected under s. 376.3078;
 4178  tax revenues levied, collected, and credited under ss. 376.70
 4179  and 376.75; and registration fees collected under s.
 4180  376.303(1)(d).
 4181         (f) All civil penalties recovered pursuant to s.
 4182  373.129(5)(a).
 4183         (g) Funds appropriated by the Legislature for the purposes
 4184  of ss. 373.451-373.4595.
 4185         (h) Moneys collected pursuant to s. 403.121 and designated
 4186  for deposit into the Water Quality Assurance Trust Fund.
 4187         (i) Moneys recovered by the state as a result of actions
 4188  against a person for a violation of chapter 373 or chapter 403
 4189  initiated by the department.
 4190         (j) Damages recovered for coral reef protection pursuant to
 4191  s. 403.93345.
 4192         (k) Funds available for the Leah Schad Memorial Ocean
 4193  Outfall Program pursuant to s. 403.08601.
 4194         (l)Funds received by the state for injury to or
 4195  destruction of coral reefs, which moneys would otherwise be
 4196  deposited into the General Revenue Fund or the Internal
 4197  Improvement Trust Fund. The department may enter into settlement
 4198  agreements that require responsible parties to pay a third party
 4199  to fund projects related to the restoration of a coral reef, to
 4200  accomplish mitigation for injury to a coral reef, or to support
 4201  the activities of law enforcement agencies related to coral reef
 4202  injury response, investigation, and assessment. Participation of
 4203  a law enforcement agency in the receipt of funds through this
 4204  mechanism shall be at the law enforcement agency’s discretion.
 4205         (m) Moneys from sources otherwise specified by law.
 4206         (8) A settlement entered into by the department may not
 4207  limit the Legislature’s authority to appropriate moneys from the
 4208  trust fund; however, the department may enter into a settlement
 4209  in which the department agrees to request that moneys received
 4210  pursuant to the settlement will be included in its legislative
 4211  budget request for purposes set out in the settlement; and
 4212  further, the department may enter into a settlement in cases
 4213  involving joint enforcement with the Hillsborough County
 4214  pollution control program, as a program approved by the
 4215  department pursuant to s. 403.182, in which the department
 4216  agrees that moneys are to be deposited into that local program’s
 4217  pollution recovery fund and used for projects directed toward
 4218  addressing the environmental damage that was the cause of action
 4219  for which funds were received.
 4220         Section 56. Subsection (4) of section 376.40, Florida
 4221  Statutes, is amended to read:
 4222         376.40 Petroleum exploration and production; purposes;
 4223  funding.—
 4224         (4) FUNDING.—There shall be deposited in the Minerals Trust
 4225  Fund:
 4226         (a) All fees charged permittees under ss. 377.24(1),
 4227  377.2408(1), and 377.2425(1)(b).
 4228         (b) All penalties, judgments, recoveries, reimbursements,
 4229  and other fees and charges related to the implementation of this
 4230  section.
 4231         (c) Any other funds required to be deposited in the trust
 4232  fund under provisions of law.
 4233  
 4234  If moneys on deposit in the trust fund are not sufficient to
 4235  satisfy the needed remedial or corrective action, and if the
 4236  responsible party does not take remedial and corrective action
 4237  in a timely manner or if a catastrophic event occurs, a
 4238  temporary transfer of the required amount, or a maximum of $10
 4239  million, from the Florida Coastal Protection Trust Fund pursuant
 4240  to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
 4241  Coastal Protection Trust Fund shall be reimbursed immediately
 4242  upon deposit into the Minerals Trust Fund of moneys referred to
 4243  in paragraph (b).
 4244         Section 57. Section 379.202, Florida Statutes, is repealed.
 4245         Section 58. Subsection (2) of section 379.206, Florida
 4246  Statutes, is amended to read:
 4247         379.206 Grants and Donations Trust Fund.—
 4248         (2) The fund is established for use as a depository for
 4249  funds to be used for allowable grant and donor agreement
 4250  activities funded by restricted contractual revenue. Moneys to
 4251  be credited to the trust fund shall consist of grants and
 4252  donations from private and public nonfederal sources,
 4253  development-of-regional-impact wildlife mitigation
 4254  contributions, interest earnings, and cash advances from other
 4255  trust funds.
 4256         Section 59. Section 379.212, Florida Statutes, is amended
 4257  to read:
 4258         379.212 Land Acquisition Trust Fund.—
 4259         (1)(a) There is established within the Fish and Wildlife
 4260  Conservation Commission the Land Acquisition Trust Fund to
 4261  implement s. 28, Art. X of the State Constitution for the
 4262  purpose of acquiring, assisting other agencies or local
 4263  governments in acquiring, or managing lands important to the
 4264  conservation of fish and wildlife.
 4265         (b) The Fish and Wildlife Conservation Commission or its
 4266  designee shall manage such lands for the primary purpose of
 4267  maintaining and enhancing their habitat value for fish and
 4268  wildlife. Other uses may be allowed that are not contrary to
 4269  this purpose.
 4270         (c) If Where acquisition pursuant to this section will
 4271  result in state ownership of land, title shall be vested in the
 4272  Board of Trustees of the Internal Improvement Trust Fund as
 4273  required in chapter 253. Land acquisition pursuant to this
 4274  section shall be voluntary, negotiated acquisition and, if where
 4275  title is to be vested in the Board of Trustees of the Internal
 4276  Improvement Trust Fund, is subject to the acquisition procedures
 4277  of s. 253.025.
 4278         (d) Acquisition costs shall include purchase prices and
 4279  costs and fees associated with title work, surveys, and
 4280  appraisals required to complete an acquisition.
 4281         (2) The fund may be credited with funds transferred from
 4282  the Land Acquisition Trust Fund within the Department of
 4283  Environmental Protection as provided in s. 375.041 Moneys which
 4284  may be deposited into the Land Acquisition Trust Fund for the
 4285  purposes of this section may include, but not be limited to,
 4286  donations, grants, development-of-regional-impact wildlife
 4287  mitigation contributions, or legislative appropriations.
 4288  Preservation 2000 acquisition moneys and Conservation and
 4289  Recreation Lands management moneys shall not be deposited into
 4290  this fund.
 4291         (3) The Fish and Wildlife Conservation Commission shall
 4292  maintain the integrity of such moneys transferred from the
 4293  Department of Environmental Protection. Any transferred moneys
 4294  available from reversions and reductions in budget authority
 4295  shall be transferred back to the Land Acquisition Trust Fund in
 4296  the Department of Environmental Protection within 15 days after
 4297  such reversion or reduction and must be available for future
 4298  appropriation pursuant to s. 28, Art. X of the State
 4299  Constitution.
 4300         Section 60. Effective upon becoming a law, all undisbursed,
 4301  unobligated balances and all certified forward appropriations
 4302  remaining in the Land Acquisition Trust Fund within the Fish and
 4303  Wildlife Conservation Commission on June 30, 2015, shall be
 4304  transferred to the Grants and Donations Trust Fund, FLAIR number
 4305  77-2-339, within the Fish and Wildlife Conservation Commission.
 4306         Section 61. Subsection (2) of section 379.214, Florida
 4307  Statutes, is amended to read:
 4308         379.214 Invasive Plant Control Trust Fund.—
 4309         (2) Funds to be credited to and uses of the trust fund
 4310  shall be administered in accordance with the provisions of ss.
 4311  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
 4312         Section 62. Subsection (3) of section 379.362, Florida
 4313  Statutes, is amended to read:
 4314         379.362 Wholesale and retail saltwater products dealers;
 4315  regulation.—
 4316         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
 4317  Department of Agriculture and Consumer Services shall use or
 4318  distribute funds appropriated from the Land Acquisition Trust
 4319  Fund within the department paid into the State Treasury to the
 4320  credit of the General Inspection Trust Fund pursuant to s.
 4321  201.15, less reasonable costs of administration, to fund the
 4322  following oyster management and restoration programs in
 4323  Apalachicola Bay and other oyster harvest areas in the state:
 4324         (a) The relaying and transplanting of live oysters.
 4325         (b) Shell planting to construct or rehabilitate oyster
 4326  bars.
 4327         (c) Education programs for licensed oyster harvesters on
 4328  oyster biology, aquaculture, boating and water safety,
 4329  sanitation, resource conservation, small business management,
 4330  and other relevant subjects.
 4331         (d) Research directed toward the enhancement of oyster
 4332  production in the bay and the water management needs of the bay.
 4333         Section 63. Subsection (12) of section 380.0666, Florida
 4334  Statutes, is amended to read:
 4335         380.0666 Powers of land authority.—The land authority shall
 4336  have all the powers necessary or convenient to carry out and
 4337  effectuate the purposes and provisions of this act, including
 4338  the following powers, which are in addition to all other powers
 4339  granted by other provisions of this act:
 4340         (12) To identify parcels of land within the area or areas
 4341  of critical state concern that would be appropriate acquisitions
 4342  by the state from the Conservation and Recreational Lands Trust
 4343  Fund and recommend such acquisitions to the advisory council
 4344  established pursuant to s. 259.035 or its successor.
 4345         Section 64. Section 380.0677, Florida Statutes, is
 4346  repealed.
 4347         Section 65. Subsection (11) of section 380.507, Florida
 4348  Statutes, is amended to read:
 4349         380.507 Powers of the trust.—The trust shall have all the
 4350  powers necessary or convenient to carry out the purposes and
 4351  provisions of this part, including:
 4352         (11) To make rules necessary to carry out the purposes of
 4353  this part and to exercise any power granted in this part,
 4354  pursuant to the provisions of chapter 120. The trust shall adopt
 4355  rules governing the acquisition of lands with using proceeds
 4356  from the Preservation 2000 Trust Fund and the Florida Forever
 4357  Trust Fund, consistent with the intent expressed in the Florida
 4358  Forever Act. Such rules for land acquisition must include, but
 4359  are not limited to, procedures for appraisals and
 4360  confidentiality consistent with ss. 125.355(1)(a) and (b) and
 4361  166.045(1)(a) and (b), a method of determining a maximum
 4362  purchase price, and procedures to assure that the land is
 4363  acquired in a voluntarily negotiated transaction, surveyed,
 4364  conveyed with marketable title, and examined for hazardous
 4365  materials contamination. Land acquisition procedures of a local
 4366  land authority created pursuant to s. 380.0663 or s. 380.0677
 4367  may be used for the land acquisition programs described in
 4368  former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
 4369  259.105 if within areas of critical state concern designated
 4370  pursuant to s. 380.05, subject to approval of the trust.
 4371         Section 66. Subsection (4) of section 380.508, Florida
 4372  Statutes, is amended to read:
 4373         380.508 Projects; development, review, and approval.—
 4374         (4) Projects or activities which the trust undertakes,
 4375  coordinates, or funds in any manner shall comply with the
 4376  following guidelines:
 4377         (a) The purpose of redevelopment projects shall be to
 4378  restore areas which are adversely affected by scattered
 4379  ownership, poor lot layout, inadequate park and open space,
 4380  incompatible land uses, or other conditions which endanger the
 4381  environment or impede orderly development. Grants and loans
 4382  awarded for redevelopment projects shall be used for assembling
 4383  parcels of land within redevelopment project areas for the
 4384  redesign of such areas and for the installation of public
 4385  improvements required to serve such areas. After redesign and
 4386  installation of public improvements, if any, lands in
 4387  redevelopment projects, with the exception of lands acquired for
 4388  public purposes, shall be conveyed to any person for development
 4389  in accordance with a redevelopment project plan approved
 4390  according to this part.
 4391         (b) The purpose of resource enhancement projects shall be
 4392  to enhance natural resources which, because of indiscriminate
 4393  dredging or filling, improper location of improvements, natural
 4394  or human-induced events, or incompatible land uses, have
 4395  suffered loss of natural and scenic values. Grants and loans
 4396  awarded for resource enhancement projects shall be used for the
 4397  assembly of parcels of land to improve resource management, for
 4398  relocation of improperly located or designed improvements, and
 4399  for other corrective measures which will enhance the natural and
 4400  scenic character of project areas.
 4401         (c) The purpose of public access projects shall be to
 4402  acquire interests in and initially develop lands which are
 4403  suitable for and which will be used for public accessways to
 4404  surface waters. The trust shall identify local governments and
 4405  nonprofit organizations which will accept responsibility for
 4406  maintenance and liability for public accessways which are
 4407  located outside the state park system. The trust may lease any
 4408  public access site developed under this part to a local
 4409  government or nonprofit organization, provided that the
 4410  conditions of the lease guarantee public use of the site. The
 4411  trust may accept, from any local government or nonprofit
 4412  organization, fees collected for providing public access to
 4413  surface waters. The trust shall expend any such funds it accepts
 4414  only for acquisition, development, and maintenance of such
 4415  public accessways. To the maximum extent possible, the trust
 4416  shall expend such fees in the general area where they are
 4417  collected or in areas where public access to surface waters is
 4418  clearly deficient. The trust may transfer funds, including such
 4419  fees, to a local government or nonprofit organization to acquire
 4420  public access sites. In developing or coordinating public access
 4421  projects, the trust shall ensure that project plans involving
 4422  beach access are consistent with state laws governing beach
 4423  access.
 4424         (d) The purpose of urban waterfront restoration projects
 4425  shall be to restore deteriorated or deteriorating urban
 4426  waterfronts for public use and enjoyment. Urban waterfront
 4427  restoration projects shall include public access sites.
 4428         (e) The purpose of working waterfront projects shall be to
 4429  restore and preserve working waterfronts as provided in s.
 4430  380.5105.
 4431         (f) The trust shall cooperate with local governments, state
 4432  agencies, federal agencies, and nonprofit organizations in
 4433  ensuring the reservation of lands for parks, recreation, fish
 4434  and wildlife habitat, historical preservation, or scientific
 4435  study. If In the event that any local government, state agency,
 4436  federal agency, or nonprofit organization is unable, due to
 4437  limited financial resources or other circumstances of a
 4438  temporary nature, to acquire a site for the purposes described
 4439  in this paragraph, the trust may acquire and hold the site for
 4440  subsequent conveyance to the appropriate governmental agency or
 4441  nonprofit organization. The trust may provide such technical
 4442  assistance as is required to aid local governments, state and
 4443  federal agencies, and nonprofit organizations in completing
 4444  acquisition and related functions. The trust may shall not
 4445  reserve lands acquired in accordance with this paragraph for
 4446  more than 5 years from the time of acquisition. A local
 4447  government, federal or state agency, or nonprofit organization
 4448  may acquire the land at any time during this period for public
 4449  purposes. The purchase price shall be based upon the trust’s
 4450  cost of acquisition, plus administrative and management costs in
 4451  reserving the land. The payment of the this purchase price shall
 4452  be by money, trust-approved property of an equivalent value, or
 4453  a combination of money and trust-approved property. If, after
 4454  the 5-year period, the trust has not sold to a governmental
 4455  agency or nonprofit organization land acquired for site
 4456  reservation, the trust shall dispose of such land at fair market
 4457  value or shall trade it for other land of comparable value which
 4458  will serve to accomplish the purposes of this part. Any proceeds
 4459  from the sale of such land shall be deposited into in the
 4460  appropriate Florida Communities trust fund pursuant to s.
 4461  253.034(6)(k), (l), or (m). All moneys and revenue from the
 4462  operation, management, lease, or other disposition of land,
 4463  water areas, related resources, and the facilities thereon
 4464  acquired or constructed under this part shall be credited to or
 4465  deposited into the Internal Improvement Trust Fund.
 4466  
 4467  Project costs may include costs of providing parks, open space,
 4468  public access sites, scenic easements, and other areas and
 4469  facilities serving the public where such features are part of a
 4470  project plan approved according to this part. In undertaking or
 4471  coordinating projects or activities authorized by this part, the
 4472  trust shall, when appropriate, use and promote the use of
 4473  creative land acquisition methods, including the acquisition of
 4474  less than fee interest through, among other methods,
 4475  conservation easements, transfer of development rights, leases,
 4476  and leaseback arrangements. The trust also shall assist local
 4477  governments in the use of sound alternative methods of financing
 4478  for funding projects and activities authorized under by this
 4479  part. Any funds over and above eligible project costs, which
 4480  remain after completion of a project approved according to this
 4481  part, shall be transmitted to the state and deposited into in
 4482  the Florida Forever Florida Communities Trust Fund.
 4483         Section 67. Paragraph (f) of subsection (3) and subsections
 4484  (5) and (7) of section 380.510, Florida Statutes, are amended to
 4485  read:
 4486         380.510 Conditions of grants and loans.—
 4487         (3) In the case of a grant or loan for land acquisition,
 4488  agreements shall provide all of the following:
 4489         (f) The term of any grant using funds received from the
 4490  Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
 4491  shall be for a period not to exceed 24 months. The governing
 4492  board of the trust may offer a grant with a shorter term and may
 4493  extend a grant beyond 24 months when the grant recipient
 4494  demonstrates that significant progress is being made toward
 4495  closing the project or that extenuating circumstances warrant an
 4496  extension of time. If a local government project which was
 4497  awarded a grant is not closed within 24 months and the governing
 4498  board of the trust does not grant an extension, the grant
 4499  reverts to the trust’s unencumbered balance of Preservation 2000
 4500  funds to be redistributed to other eligible projects. The local
 4501  government may reapply for a grant to fund the project in the
 4502  trust’s next application cycle.
 4503  
 4504  Any deed or other instrument of conveyance whereby a nonprofit
 4505  organization or local government acquires real property under
 4506  this section shall set forth the interest of the state. The
 4507  trust shall keep at least one copy of any such instrument and
 4508  shall provide at least one copy to the Board of Trustees of the
 4509  Internal Improvement Trust Fund.
 4510         (5) Any funds the trust collects from a nonprofit
 4511  organization or local government under a grant or loan agreement
 4512  shall be deposited into in the Internal Improvement Florida
 4513  Communities Trust Fund within the Department of Environmental
 4514  Protection.
 4515         (7) Any funds received by the trust from the Preservation
 4516  2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
 4517  259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
 4518  259.105(3)(c) shall be held separate and apart from any other
 4519  funds held by the trust and shall be used for the land
 4520  acquisition purposes of this part. In addition to the other
 4521  conditions set forth in this section, the disbursement of
 4522  Preservation 2000 and Florida Forever funds from the trust shall
 4523  be subject to the following conditions:
 4524         (a) The administration and use of Florida Forever any funds
 4525  are received by the trust from the Preservation 2000 Trust Fund
 4526  and the Florida Forever Trust Fund shall be subject to such
 4527  terms and conditions imposed thereon by the agency of the state
 4528  responsible for the bonds, the proceeds of which are deposited
 4529  into in the Preservation 2000 Trust Fund and the Florida Forever
 4530  Trust Fund, including restrictions imposed to ensure that the
 4531  interest on any such bonds issued by the state as tax-exempt
 4532  bonds is will not be included in the gross income of the holders
 4533  of such bonds for federal income tax purposes.
 4534         (b) All deeds or leases with respect to any real property
 4535  acquired with funds received by the trust from the Preservation
 4536  2000 Trust Fund, the Florida Forever Trust Fund, or the Land
 4537  Acquisition Trust Fund must shall contain such covenants and
 4538  restrictions as are sufficient to ensure that the use of such
 4539  real property at all times complies with s. 375.051 and s. 9,
 4540  Art. XII of the State Constitution. Each deed All deeds or lease
 4541  leases with respect to any real property acquired with funds
 4542  received by the trust from the Florida Forever Trust Fund before
 4543  July 1, 2015, must shall contain such covenants and restrictions
 4544  as are sufficient to ensure that the use of such real property
 4545  at all times complies with s. 11(e), Art. VII of the State
 4546  Constitution. Each deed or lease with respect to any real
 4547  property acquired with funds received by the trust from the
 4548  Florida Forever Trust Fund after July 1, 2015, must contain
 4549  covenants and restrictions sufficient to ensure that the use of
 4550  such real property at all times complies with s. 28, Art. X of
 4551  the State Constitution. Each deed or lease must shall contain a
 4552  reversion, conveyance, or termination clause that vests will
 4553  vest title in the Board of Trustees of the Internal Improvement
 4554  Trust Fund if any of the covenants or restrictions are violated
 4555  by the titleholder or leaseholder or by some third party with
 4556  the knowledge of the titleholder or leaseholder.
 4557         Section 68. Section 380.511, Florida Statutes, is repealed.
 4558         Section 69. Subsection (2) of section 403.0615, Florida
 4559  Statutes, is amended to read:
 4560         403.0615 Water resources restoration and preservation.—
 4561         (2) Subject to specific legislative appropriation, the
 4562  department shall establish a program to assist in the
 4563  restoration and preservation of bodies of water and to enhance
 4564  existing public access when deemed necessary for the enhancement
 4565  of the restoration effort. This program shall be funded from the
 4566  General Revenue Fund, from funds available from the Ecosystem
 4567  Management and Restoration Trust Fund, and from available
 4568  federal moneys.
 4569         Section 70. Section 403.08601, Florida Statutes, is amended
 4570  to read:
 4571         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 4572  Legislature declares that as funds become available the state
 4573  may assist the local governments and agencies responsible for
 4574  implementing the Leah Schad Memorial Ocean Outfall Program
 4575  pursuant to s. 403.086(9). Funds received from other sources
 4576  provided for in law, the General Appropriations Act, from gifts
 4577  designated for implementation of the plan from individuals,
 4578  corporations, or other entities, or federal funds appropriated
 4579  by Congress for implementation of the plan, may be deposited
 4580  into an account of the Water Quality Assurance Ecosystem
 4581  Management and Restoration Trust Fund created pursuant to s.
 4582  403.1651.
 4583         Section 71. Subsection (11) of section 403.121, Florida
 4584  Statutes, is amended to read:
 4585         403.121 Enforcement; procedure; remedies.—The department
 4586  shall have the following judicial and administrative remedies
 4587  available to it for violations of this chapter, as specified in
 4588  s. 403.161(1).
 4589         (11) Penalties collected pursuant to this section shall be
 4590  deposited into in the Water Quality Assurance Ecosystem
 4591  Management and Restoration Trust Fund or other trust fund
 4592  designated by statute and shall be used to fund the restoration
 4593  of ecosystems, or polluted areas of the state, as defined by the
 4594  department, to their condition before pollution occurred. The
 4595  Florida Conflict Resolution Consortium may use a portion of the
 4596  fund to administer the mediation process provided in paragraph
 4597  (2)(e) and to contract with private mediators for administrative
 4598  penalty cases.
 4599         Section 72. Section 403.1651, Florida Statutes, is
 4600  repealed.
 4601         Section 73. Subsection (1) of section 403.885, Florida
 4602  Statutes, is amended to read:
 4603         403.885 Water Projects Grant Program.—
 4604         (1) The Department of Environmental Protection shall
 4605  administer a grant program to use funds transferred pursuant to
 4606  s. 212.20 to the Ecosystem Management and Restoration Trust Fund
 4607  or other moneys as appropriated by the Legislature for water
 4608  quality improvement, stormwater management, wastewater
 4609  management, and water restoration and other water projects as
 4610  specifically appropriated by the Legislature. Eligible
 4611  recipients of such grants include counties, municipalities,
 4612  water management districts, and special districts that have
 4613  legal responsibilities for water quality improvement, water
 4614  management, stormwater management, wastewater management, lake
 4615  and river water restoration projects, and drinking water
 4616  projects pursuant to this section.
 4617         Section 74. Section 403.8911, Florida Statutes, is
 4618  repealed.
 4619         Section 75. Subsection (6) of section 403.9325, Florida
 4620  Statutes, is amended to read:
 4621         403.9325 Definitions.—For the purposes of ss. 403.9321
 4622  403.9333, the term:
 4623         (6) “Public lands set aside for conservation or
 4624  preservation” means:
 4625         (a) Lands and interests acquired with funds deposited into
 4626  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 4627  the State Constitution;
 4628         (b)(a) Conservation and recreation lands under chapter 259;
 4629         (c)(b) State and national parks;
 4630         (d)(c) State and national reserves and preserves, except as
 4631  provided in s. 403.9326(3);
 4632         (e)(d) State and national wilderness areas;
 4633         (f)(e) National wildlife refuges (only those lands under
 4634  Federal Government ownership);
 4635         (g)(f) Lands acquired through the former Water Management
 4636  Lands Trust Fund, Save Our Rivers Program;
 4637         (h)(g) Lands acquired under the Save Our Coast program;
 4638         (i)(h) Lands acquired under the environmentally endangered
 4639  lands bond program;
 4640         (j)(i) Public lands designated as conservation or
 4641  preservation under a local government comprehensive plan;
 4642         (k)(j) Lands purchased by a water management district, the
 4643  Fish and Wildlife Conservation Commission, or any other state
 4644  agency for conservation or preservation purposes;
 4645         (l)(k) Public lands encumbered by a conservation easement
 4646  that does not provide for the trimming of mangroves; and
 4647         (m)(l) Public lands designated as critical wildlife areas
 4648  by the Fish and Wildlife Conservation Commission.
 4649         Section 76. Paragraph (f) of subsection (3) and subsection
 4650  (11) of section 403.93345, Florida Statutes, are amended to
 4651  read:
 4652         403.93345 Coral reef protection.—
 4653         (3) As used in this section, the term:
 4654         (f) “Fund” means the Water Quality Assurance Ecosystem
 4655  Management and Restoration Trust Fund.
 4656         (11) All damages recovered by or on behalf of this state
 4657  for injury to, or destruction of, the coral reefs of the state
 4658  that would otherwise be deposited in the general revenue
 4659  accounts of the State Treasury or in the Internal Improvement
 4660  Trust Fund shall be deposited into in the Water Quality
 4661  Assurance Ecosystem Management and Restoration Trust Fund in the
 4662  department and shall remain in such account until expended by
 4663  the department for the purposes of this section. Moneys in the
 4664  fund received from damages recovered for injury to, or
 4665  destruction of, coral reefs must be expended only for the
 4666  following purposes:
 4667         (a) To provide funds to the department for reasonable costs
 4668  incurred in obtaining payment of the damages for injury to, or
 4669  destruction of, coral reefs, including administrative costs and
 4670  costs of experts and consultants. Such funds may be provided in
 4671  advance of recovery of damages.
 4672         (b) To pay for restoration or rehabilitation of the injured
 4673  or destroyed coral reefs or other natural resources by a state
 4674  agency or through a contract to any qualified person.
 4675         (c) To pay for alternative projects selected by the
 4676  department. Any such project shall be selected on the basis of
 4677  its anticipated benefits to the residents of this state who used
 4678  the injured or destroyed coral reefs or other natural resources
 4679  or will benefit from the alternative project.
 4680         (d) All claims for trust fund reimbursements under
 4681  paragraph (a) must be made within 90 days after payment of
 4682  damages is made to the state.
 4683         (e) Each private recipient of fund disbursements shall be
 4684  required to agree in advance that its accounts and records of
 4685  expenditures of such moneys are subject to audit at any time by
 4686  appropriate state officials and to submit a final written report
 4687  describing such expenditures within 90 days after the funds have
 4688  been expended.
 4689         (f) When payments are made to a state agency from the fund
 4690  for expenses compensable under this subsection, such
 4691  expenditures shall be considered as being for extraordinary
 4692  expenses, and no agency appropriation shall be reduced by any
 4693  amount as a result of such reimbursement.
 4694         Section 77. Subsections (5) and (6) of section 420.5092,
 4695  Florida Statutes, are amended to read:
 4696         420.5092 Florida Affordable Housing Guarantee Program.—
 4697         (5) Pursuant to s. 16, Art. VII of the State Constitution,
 4698  the corporation may issue, in accordance with s. 420.509,
 4699  revenue bonds of the corporation to establish the guarantee
 4700  fund. The Such revenue bonds are shall be primarily payable from
 4701  and secured by annual debt service reserves, from interest
 4702  earned on funds on deposit in the guarantee fund, from fees,
 4703  charges, and reimbursements established by the corporation for
 4704  the issuance of affordable housing guarantees, and from any
 4705  other revenue sources received by the corporation and deposited
 4706  by the corporation into the guarantee fund for the issuance of
 4707  affordable housing guarantees. If To the extent such primary
 4708  revenue sources are considered insufficient by the corporation,
 4709  pursuant to the certification provided in subsection (6), to
 4710  fully fund the annual debt service reserve, the certified
 4711  deficiency in such reserve is also shall be additionally payable
 4712  from the first proceeds of the documentary stamp tax moneys
 4713  deposited into the State Housing Trust Fund pursuant to s.
 4714  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
 4715  ensuing state fiscal year.
 4716         (6)(a) If the primary revenue sources to be used for
 4717  repayment of revenue bonds used to establish the guarantee fund
 4718  are insufficient for such repayment, the annual principal and
 4719  interest due on each series of revenue bonds is shall be payable
 4720  from funds in the annual debt service reserve. The corporation
 4721  shall, before June 1 of each year, perform a financial audit to
 4722  determine whether at the end of the state fiscal year there will
 4723  be on deposit in the guarantee fund an annual debt service
 4724  reserve from interest earned pursuant to the investment of the
 4725  guarantee fund, fees, charges, and reimbursements received from
 4726  issued affordable housing guarantees and other revenue sources
 4727  available to the corporation. Based upon the findings in such
 4728  guarantee fund financial audit, the corporation shall certify to
 4729  the Chief Financial Officer the amount of any projected
 4730  deficiency in the annual debt service reserve for any series of
 4731  outstanding bonds as of the end of the state fiscal year and the
 4732  amount necessary to maintain such annual debt service reserve.
 4733  Upon receipt of such certification, the Chief Financial Officer
 4734  shall transfer to the annual debt service reserve, from the
 4735  first available taxes distributed to the State Housing Trust
 4736  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
 4737  (10)(a) during the ensuing state fiscal year, the amount
 4738  certified as necessary to maintain the annual debt service
 4739  reserve.
 4740         (b) If the claims payment obligations under affordable
 4741  housing guarantees from amounts on deposit in the guarantee fund
 4742  would cause the claims paying rating assigned to the guarantee
 4743  fund to be less than the third-highest rating classification of
 4744  any nationally recognized rating service, which classifications
 4745  being consistent with s. 215.84(3) and rules adopted thereto by
 4746  the State Board of Administration, the corporation shall certify
 4747  to the Chief Financial Officer the amount of such claims payment
 4748  obligations. Upon receipt of such certification, the Chief
 4749  Financial Officer shall transfer to the guarantee fund, from the
 4750  first available taxes distributed to the State Housing Trust
 4751  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
 4752  (10)(a) during the ensuing state fiscal year, the amount
 4753  certified as necessary to meet such obligations, such transfer
 4754  to be subordinate to any transfer referenced in paragraph (a)
 4755  and not to exceed 50 percent of the amounts distributed to the
 4756  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
 4757  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
 4758         Section 78. Subsections (1), (2), and (3) of section
 4759  420.9073, Florida Statutes, are amended to read:
 4760         420.9073 Local housing distributions.—
 4761         (1) Distributions calculated in this section shall be
 4762  disbursed on a quarterly or more frequent basis by the
 4763  corporation pursuant to s. 420.9072, subject to availability of
 4764  funds. Each county’s share of the funds to be distributed from
 4765  the portion of the funds in the Local Government Housing Trust
 4766  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
 4767  calculated by the corporation for each fiscal year as follows:
 4768         (a) Each county other than a county that has implemented
 4769  the provisions of chapter 83-220, Laws of Florida, as amended by
 4770  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
 4771  receive the guaranteed amount for each fiscal year.
 4772         (b) Each county other than a county that has implemented
 4773  the provisions of chapter 83-220, Laws of Florida, as amended by
 4774  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
 4775  receive an additional share calculated as follows:
 4776         1. Multiply each county’s percentage of the total state
 4777  population excluding the population of any county that has
 4778  implemented the provisions of chapter 83-220, Laws of Florida,
 4779  as amended by chapters 84-270, 86-152, and 89-252, Laws of
 4780  Florida, by the total funds to be distributed.
 4781         2. If the result in subparagraph 1. is less than the
 4782  guaranteed amount as determined in subsection (3), that county’s
 4783  additional share shall be zero.
 4784         3. For each county in which the result in subparagraph 1.
 4785  is greater than the guaranteed amount as determined in
 4786  subsection (3), the amount calculated in subparagraph 1. shall
 4787  be reduced by the guaranteed amount. The result for each such
 4788  county shall be expressed as a percentage of the amounts so
 4789  determined for all counties. Each such county shall receive an
 4790  additional share equal to such percentage multiplied by the
 4791  total funds received by the Local Government Housing Trust Fund
 4792  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
 4793  guaranteed amount paid to all counties.
 4794         (2) Distributions calculated in this section shall be
 4795  disbursed on a quarterly or more frequent basis by the
 4796  corporation pursuant to s. 420.9072, subject to availability of
 4797  funds. Each county’s share of the funds to be distributed from
 4798  the portion of the funds in the Local Government Housing Trust
 4799  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
 4800  calculated by the corporation for each fiscal year as follows:
 4801         (a) Each county shall receive the guaranteed amount for
 4802  each fiscal year.
 4803         (b) Each county may receive an additional share calculated
 4804  as follows:
 4805         1. Multiply each county’s percentage of the total state
 4806  population, by the total funds to be distributed.
 4807         2. If the result in subparagraph 1. is less than the
 4808  guaranteed amount as determined in subsection (3), that county’s
 4809  additional share shall be zero.
 4810         3. For each county in which the result in subparagraph 1.
 4811  is greater than the guaranteed amount, the amount calculated in
 4812  subparagraph 1. shall be reduced by the guaranteed amount. The
 4813  result for each such county shall be expressed as a percentage
 4814  of the amounts so determined for all counties. Each such county
 4815  shall receive an additional share equal to this percentage
 4816  multiplied by the total funds received by the Local Government
 4817  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
 4818  reduced by the guaranteed amount paid to all counties.
 4819         (3) Calculation of guaranteed amounts:
 4820         (a) The guaranteed amount under subsection (1) shall be
 4821  calculated for each state fiscal year by multiplying $350,000 by
 4822  a fraction, the numerator of which is the amount of funds
 4823  distributed to the Local Government Housing Trust Fund pursuant
 4824  to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
 4825  the total amount of funds distributed to the Local Government
 4826  Housing Trust Fund pursuant to s. 201.15.
 4827         (b) The guaranteed amount under subsection (2) shall be
 4828  calculated for each state fiscal year by multiplying $350,000 by
 4829  a fraction, the numerator of which is the amount of funds
 4830  distributed to the Local Government Housing Trust Fund pursuant
 4831  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
 4832  the total amount of funds distributed to the Local Government
 4833  Housing Trust Fund pursuant to s. 201.15.
 4834         Section 79. Section 570.207, Florida Statutes, is repealed.
 4835         Section 80. Subsection (2) of section 570.321, Florida
 4836  Statutes, is amended to read:
 4837         570.321 Plant Industry Trust Fund.—
 4838         (2) Funds to be credited to and uses of the trust fund
 4839  shall be administered in accordance with ss. 259.032, 581.031,
 4840  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
 4841  593.117.
 4842         Section 81. Subsection (12) of section 570.71, Florida
 4843  Statutes, is amended to read:
 4844         570.71 Conservation easements and agreements.—
 4845         (12) The department may use appropriated funds from the
 4846  following sources to implement this section:
 4847         (a) State funds;
 4848         (b) Federal funds;
 4849         (c) Other governmental entities;
 4850         (d) Nongovernmental organizations; or
 4851         (e) Private individuals.
 4852  
 4853  Any such funds provided, other than from the Land Acquisition
 4854  Trust Fund, shall be deposited into the Incidental Conservation
 4855  and Recreation Lands Program Trust Fund within the Department of
 4856  Agriculture and Consumer Services and used for the purposes of
 4857  this section, including administrative and operating expenses
 4858  related to appraisals, mapping, title process, personnel, and
 4859  other real estate expenses.
 4860         Section 82. Paragraph (c) of subsection (1) of section
 4861  895.09, Florida Statutes, is amended to read:
 4862         895.09 Disposition of funds obtained through forfeiture
 4863  proceedings.—
 4864         (1) A court entering a judgment of forfeiture in a
 4865  proceeding brought pursuant to s. 895.05 shall retain
 4866  jurisdiction to direct the distribution of any cash or of any
 4867  cash proceeds realized from the forfeiture and disposition of
 4868  the property. The court shall direct the distribution of the
 4869  funds in the following order of priority:
 4870         (c) Any claim by the Board of Trustees of the Internal
 4871  Improvement Trust Fund on behalf of the Internal Improvement
 4872  Trust Fund or the Land Acquisition trust fund used pursuant to
 4873  s. 253.03(12), not including administrative costs of the
 4874  Department of Environmental Protection previously paid directly
 4875  from the Internal Improvement Trust Fund in accordance with
 4876  legislative appropriation.
 4877         Section 83. For the purpose of incorporating the amendment
 4878  made by this act to section 201.15, Florida Statutes, in a
 4879  reference thereto, subsection (6) of section 339.2818, Florida
 4880  Statutes, is reenacted to read:
 4881         339.2818 Small County Outreach Program.—
 4882         (6) Funds paid into the State Transportation Trust Fund
 4883  pursuant to s. 201.15 for the purposes of the Small County
 4884  Outreach Program are hereby annually appropriated for
 4885  expenditure to support the Small County Outreach Program.
 4886         Section 84. For the purpose of incorporating the amendment
 4887  made by this act to section 201.15, Florida Statutes, in a
 4888  reference thereto, subsection (5) of section 339.2819, Florida
 4889  Statutes, is reenacted to read:
 4890         339.2819 Transportation Regional Incentive Program.—
 4891         (5) Funds paid into the State Transportation Trust Fund
 4892  pursuant to s. 201.15 for the purposes of the Transportation
 4893  Regional Incentive Program are hereby annually appropriated for
 4894  expenditure to support that program.
 4895         Section 85. For the purpose of incorporating the amendment
 4896  made by this act to section 201.15, Florida Statutes, in a
 4897  reference thereto, subsection (3) of section 339.61, Florida
 4898  Statutes, is reenacted to read:
 4899         339.61 Florida Strategic Intermodal System; legislative
 4900  findings, declaration, and intent.—
 4901         (3) Funds paid into the State Transportation Trust Fund
 4902  pursuant to s. 201.15 for the purposes of the Florida Strategic
 4903  Intermodal System are hereby annually appropriated for
 4904  expenditure to support that program.
 4905         Section 86. For the purpose of incorporating the amendment
 4906  made by this act to section 201.15, Florida Statutes, in a
 4907  reference thereto, subsection (6) of section 341.051, Florida
 4908  Statutes, is reenacted to read:
 4909         341.051 Administration and financing of public transit and
 4910  intercity bus service programs and projects.—
 4911         (6) ANNUAL APPROPRIATION.—Funds paid into the State
 4912  Transportation Trust Fund pursuant to s. 201.15 for the New
 4913  Starts Transit Program are hereby annually appropriated for
 4914  expenditure to support the New Starts Transit Program.
 4915  
 4916  For purposes of this section, the term “net operating costs”
 4917  means all operating costs of a project less any federal funds,
 4918  fares, or other sources of income to the project.
 4919         Section 87. For the purpose of incorporating the amendment
 4920  made by this act to section 201.15, Florida Statutes, in a
 4921  reference thereto, paragraph (e) of subsection (4) of section
 4922  373.470, Florida Statutes, is reenacted to read:
 4923         373.470 Everglades restoration.—
 4924         (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
 4925  DEPOSIT.—The following funds may be deposited into the Save Our
 4926  Everglades Trust Fund created by s. 373.472 to finance
 4927  implementation of the comprehensive plan, the Lake Okeechobee
 4928  Watershed Protection Plan, the River Watershed Protection Plans,
 4929  and the Keys Wastewater Plan:
 4930         (e) Funds made available pursuant to s. 201.15 for debt
 4931  service for Everglades restoration bonds.
 4932         Section 88. For the purpose of incorporating the amendment
 4933  made by this act to section 201.15, Florida Statutes, in a
 4934  reference thereto, subsection (1) of section 420.9079, Florida
 4935  Statutes, is reenacted to read:
 4936         420.9079 Local Government Housing Trust Fund.—
 4937         (1) There is created in the State Treasury the Local
 4938  Government Housing Trust Fund, which shall be administered by
 4939  the corporation on behalf of the department according to the
 4940  provisions of ss. 420.907-420.9076 and this section. There shall
 4941  be deposited into the fund a portion of the documentary stamp
 4942  tax revenues as provided in s. 201.15, moneys received from any
 4943  other source for the purposes of ss. 420.907-420.9076 and this
 4944  section, and all proceeds derived from the investment of such
 4945  moneys. Moneys in the fund that are not currently needed for the
 4946  purposes of the programs administered pursuant to ss. 420.907
 4947  420.9076 and this section shall be deposited to the credit of
 4948  the fund and may be invested as provided by law. The interest
 4949  received on any such investment shall be credited to the fund.
 4950         Section 89. For the purpose of incorporating the amendment
 4951  made by this act to section 375.041, Florida Statutes, in a
 4952  reference thereto, paragraph (b) of subsection (3) of section
 4953  258.015, Florida Statutes, is reenacted to read:
 4954         258.015 Citizen support organizations; use of property;
 4955  audit.—
 4956         (3) PARTNERSHIPS IN PARKS.—
 4957         (b) The Legislature may annually appropriate funds from the
 4958  Land Acquisition Trust Fund for use only as state matching
 4959  funds, in conjunction with private donations in aggregates of at
 4960  least $60,000 matched by $40,000 of state funds for a total
 4961  minimum project amount of $100,000 for capital improvement
 4962  facility development at state parks, at either individually
 4963  designated parks or for priority projects within the overall
 4964  state park system. Not more than 30 percent of the Land
 4965  Acquisition Trust Fund unencumbered fund balance or $3 million,
 4966  whichever is less, shall be reserved, available annually for
 4967  matching private donations. The amount held in reserve for the
 4968  state match will be no greater than $6 million for any fiscal
 4969  year. State funds from the Land Acquisition Trust Fund or other
 4970  appropriate funding sources shall be used for matching private
 4971  donations for 40 percent of the projects’ costs. Funds held in
 4972  reserve for the purposes of this subsection shall be available
 4973  only after the requirements of s. 375.041(3) are met. Citizen
 4974  support organizations organized and operating for the benefit of
 4975  state parks may acquire private donations pursuant to this
 4976  section, and matching state funds for approved projects may be
 4977  provided in accordance with this subsection. The department is
 4978  authorized to properly recognize and honor a private donor by
 4979  placing a plaque or other appropriate designation noting the
 4980  contribution on project facilities or by naming project
 4981  facilities after the person or organization that provided
 4982  matching funds. The department is authorized to adopt necessary
 4983  administrative rules to carry out the purposes of this
 4984  subsection.
 4985         Section 90. For the purpose of incorporating the amendment
 4986  made by this act to section 376.307, Florida Statutes, in a
 4987  reference thereto, subsection (2) of section 287.0595, Florida
 4988  Statutes, is reenacted to read:
 4989         287.0595 Pollution response action contracts; department
 4990  rules.—
 4991         (2) In adopting rules under this section, the Department of
 4992  Environmental Protection shall follow the criteria applicable to
 4993  the department’s contracting to the maximum extent possible,
 4994  consistent with the goals and purposes of ss. 376.307 and
 4995  376.3071.
 4996         Section 91. Except as otherwise expressly provided in this
 4997  act and except for this section, which shall take effect upon
 4998  this act becoming law, this act shall take effect July 1, 2015.