Florida Senate - 2018                                     SB 158
       By Senator Brandes
       24-00142-18                                            2018158__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Communities Trust;
    3         amending s. 380.507, F.S.; revising the permissible
    4         activities and projects that may be undertaken,
    5         coordinated, or funded by the Florida Communities
    6         Trust to include flood mitigation projects; deleting
    7         an obsolete provision; amending s. 380.508, F.S.;
    8         specifying the purpose of flood mitigation projects
    9         under the trust; requiring funds for such projects to
   10         be specified separately from other funds in the trust;
   11         specifying a maximum grant award for such projects;
   12         providing an exception and a process for exceeding the
   13         maximum award; requiring the Department of
   14         Environmental Protection to establish by rule an
   15         application process for such grants; requiring the
   16         department to rank applications according to specified
   17         priorities; requiring the department to develop and
   18         impose reporting requirements on grant recipients;
   19         requiring grant recipient reports to be publicly
   20         available; authorizing the department to adopt rules;
   21         amending s. 380.510, F.S.; conforming a cross
   22         reference; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsections (2) and (4) of section 380.507,
   27  Florida Statutes, are amended to read:
   28         380.507 Powers of the trust.—The trust shall have all the
   29  powers necessary or convenient to carry out the purposes and
   30  provisions of this part, including:
   31         (2) To undertake, coordinate, or fund activities and
   32  projects that which will help bring local comprehensive plans
   33  into compliance and help implement the goals, objectives, and
   34  policies of the conservation, recreation and open space, and
   35  coastal elements of local comprehensive plans, or that which
   36  will otherwise serve to conserve natural resources and resolve
   37  land use conflicts, including, but not limited to:
   38         (a) Redevelopment projects.
   39         (b) Resource enhancement projects.
   40         (c) Flood mitigation projects.
   41         (d)(c) Public access projects.
   42         (e)(d) Urban waterfront restoration projects.
   43         (f)(e) Site reservation.
   44         (g)(f) Urban greenways and open space projects.
   45         (h)(g) Working waterfronts.
   46         (h) Projects that provide accessibility, availability, or
   47  adaptability of conservation or recreation lands for individuals
   48  with unique abilities. The term “projects that provide
   49  recreational enhancements and opportunities for individuals with
   50  unique abilities” means those projects that incorporate
   51  adaptations or modifications to the design and development of
   52  recreational resources or equipment to meet the needs of all
   53  potential participants including those with physical or
   54  developmental disabilities. This paragraph expires July 1, 2017.
   55         (4) To acquire and dispose of real and personal property or
   56  any interest therein when necessary or appropriate to protect
   57  the natural environment, provide public access or public
   58  recreational facilities, including the Florida National Scenic
   59  Trail, preserve wildlife habitat areas, provide access for
   60  managing acquired lands, reduce flood hazards, or otherwise
   61  carry out the purposes of this part. If the trust acquires land
   62  for permanent state ownership, title to such land shall be
   63  vested in the Board of Trustees of the Internal Improvement
   64  Trust Fund; otherwise, title to property acquired in partnership
   65  with a county or municipality shall vest in the name of the
   66  local government. Notwithstanding any other provision of law,
   67  the trust may enter into an option agreement to purchase lands
   68  included in projects approved according to this part, when
   69  necessary to reserve lands during the preparation of project
   70  plans and during acquisition proceedings. The consideration for
   71  an option may shall not exceed $100,000.
   72         Section 2. Subsection (4) of section 380.508, Florida
   73  Statutes, is amended to read:
   74         380.508 Projects; development, review, and approval.—
   75         (4) Projects or activities that which the trust undertakes,
   76  coordinates, or funds in any manner are subject to shall comply
   77  with the following guidelines and procedures:
   78         (a) The purpose of redevelopment projects is shall be to
   79  restore areas which are adversely affected by scattered
   80  ownership, poor lot layout, inadequate park and open space,
   81  incompatible land uses, or other conditions which endanger the
   82  environment or impede orderly development. Grants and loans
   83  awarded for redevelopment projects must shall be used for
   84  assembling parcels of land within redevelopment project areas
   85  for the redesign of such areas and for the installation of
   86  public improvements required to serve such areas. After redesign
   87  and installation of public improvements, if any, lands in
   88  redevelopment projects, with the exception of lands acquired for
   89  public purposes, must shall be conveyed to any person for
   90  development in accordance with a redevelopment project plan
   91  approved according to this part.
   92         (b) The purpose of resource enhancement projects is shall
   93  be to enhance natural resources that which, because of
   94  indiscriminate dredging or filling, improper location of
   95  improvements, natural or human-induced events, or incompatible
   96  land uses, have suffered loss of natural and scenic values.
   97  Grants and loans awarded for resource enhancement projects must
   98  shall be used for the assembly of parcels of land to improve
   99  resource management, for relocation of improperly located or
  100  designed improvements, and for other corrective measures that
  101  which will enhance the natural and scenic character of project
  102  areas.
  103         (c) The purpose of flood mitigation projects is to improve
  104  a community’s classification under the National Flood Insurance
  105  Program Community Rating System (CRS) and to provide technical
  106  and financial assistance to local governments to implement flood
  107  risk reduction policies and projects consistent with the coastal
  108  management element of the local government comprehensive plan
  109  required under s. 163.3178, an approved local hazard mitigation
  110  plan, or an adaptation action plan.
  111         1.The funds available for flood mitigation projects must
  112  be identified specifically and separately from total funds
  113  appropriated to the trust.
  114         2.The maximum grant award that may be made to an applicant
  115  during any given calendar year for flood mitigation projects is
  116  $5 million unless a higher amount is awarded by the department
  117  and approved by the Legislative Budget Commission. Grants in
  118  excess of $5 million awarded by the department, but not approved
  119  by the Legislative Budget Commission, shall revert to the trust
  120  and be designated for flood mitigation projects as provided in
  121  subparagraph 1. Grant recipients may not spend more than 8
  122  percent of awarded funds for administrative costs.
  123         3.The department shall establish by rule an application
  124  process for securing grants under this subsection for flood
  125  mitigation projects, including an annual application deadline.
  126  The department shall rank each application for assistance and
  127  shall give priority to projects in the following order of
  128  priority:
  129         a.Projects that provide the greatest potential scoring
  130  improvement under the CRS;
  131         b. Applications submitted by local governments whose
  132  residents and businesses have experienced a significant increase
  133  in National Flood Insurance Program premiums during the
  134  preceding 5 years;
  135         c. Projects that will protect the greatest number of
  136  structures from frequent flooding;
  137         d. Applications that provide for a greater amount of in
  138  kind or matching funds;
  139         e.Applications submitted by local governments that
  140  participate in the CRS or that have been determined eligible to
  141  participate in the CRS by the Division of Emergency Management
  142  or the Federal Emergency Management Agency and are actively
  143  pursuing participation in the CRS, and the funds granted would
  144  improve the CRS classification in the project area; and
  145         f.Projects that address the most critical flood hazard
  146  risk reduction needs.
  147         4.The department shall develop and impose reporting
  148  requirements on grant recipients to assist the department in
  149  monitoring grants and ensure the proper expenditure of funds and
  150  compliance with the conditions of the recipient’s contract
  151  throughout the duration of the project. The department shall
  152  require grant recipients to report the extent of improvements to
  153  a classification under the CRS resulting from the completion of
  154  the grantee’s flood hazard mitigation project funding, if
  155  applicable. The department shall make publicly available all
  156  grant recipient reports required under this paragraph.
  157         5.The department may adopt and enforce rules to implement
  158  the requirements of this paragraph.
  159         (d)(c) The purpose of public access projects is shall be to
  160  acquire interests in and initially develop lands that which are
  161  suitable for and that which will be used for public accessways
  162  to surface waters. The trust shall identify local governments
  163  and nonprofit organizations that which will accept
  164  responsibility for maintenance and liability for public
  165  accessways that which are located outside the state park system.
  166  The trust may lease any public access site developed under this
  167  part to a local government or nonprofit organization, provided
  168  that the conditions of the lease guarantee public use of the
  169  site. The trust may accept, from any local government or
  170  nonprofit organization, fees collected for providing public
  171  access to surface waters. The trust shall expend any such funds
  172  it accepts only for acquisition, development, and maintenance of
  173  such public accessways. To the maximum extent possible, the
  174  trust shall expend such fees in the general area where they are
  175  collected or in areas where public access to surface waters is
  176  clearly deficient. The trust may transfer funds, including such
  177  fees, to a local government or nonprofit organization to acquire
  178  public access sites. In developing or coordinating public access
  179  projects, the trust shall ensure that project plans involving
  180  beach access are consistent with state laws governing beach
  181  access.
  182         (e)(d) The purpose of urban waterfront restoration projects
  183  is shall be to restore deteriorated or deteriorating urban
  184  waterfronts for public use and enjoyment. Urban waterfront
  185  restoration projects shall include public access sites.
  186         (f)(e) The purpose of working waterfront projects is shall
  187  be to restore and preserve working waterfronts as provided in s.
  188  380.5105.
  189         (g)(f) The trust shall cooperate with local governments,
  190  state agencies, federal agencies, and nonprofit organizations in
  191  ensuring the reservation of lands for parks, recreation, fish
  192  and wildlife habitat, historical preservation, or scientific
  193  study. If any local government, state agency, federal agency, or
  194  nonprofit organization is unable, due to limited financial
  195  resources or other circumstances of a temporary nature, to
  196  acquire a site for the purposes described in this paragraph, the
  197  trust may acquire and hold the site for subsequent conveyance to
  198  the appropriate governmental agency or nonprofit organization.
  199  The trust may provide such technical assistance as required to
  200  aid local governments, state and federal agencies, and nonprofit
  201  organizations in completing acquisition and related functions.
  202  The trust may not reserve lands acquired in accordance with this
  203  paragraph for more than 5 years from the time of acquisition. A
  204  local government, federal or state agency, or nonprofit
  205  organization may acquire the land at any time during this period
  206  for public purposes. The purchase price must shall be based upon
  207  the trust’s cost of acquisition, plus administrative and
  208  management costs in reserving the land. The payment of the
  209  purchase price must shall be by money, trust-approved property
  210  of an equivalent value, or a combination of money and trust
  211  approved property. If, after the 5-year period, the trust has
  212  not sold to a governmental agency or nonprofit organization land
  213  acquired for site reservation, the trust shall dispose of such
  214  land at fair market value or shall trade it for other land of
  215  comparable value which will serve to accomplish the purposes of
  216  this part. Any proceeds from the sale of such land received by
  217  the department shall be deposited into the appropriate trust
  218  fund pursuant to s. 253.0341.
  220  Project costs may include costs of providing parks, open space,
  221  public access sites, scenic easements, and other areas and
  222  facilities serving the public where such features are part of a
  223  project plan approved according to this part. In undertaking or
  224  coordinating projects or activities authorized by this part, the
  225  trust shall, when appropriate, use and promote the use of
  226  creative land acquisition methods, including the acquisition of
  227  less than fee interest through, among other methods,
  228  conservation easements, transfer of development rights, leases,
  229  and leaseback arrangements. The trust shall assist local
  230  governments in the use of sound alternative methods of financing
  231  for funding projects and activities authorized under this part.
  232  Any funds over and above eligible project costs, which remain
  233  after completion of a project approved according to this part,
  234  shall be transmitted to the state and deposited into the Florida
  235  Forever Trust Fund.
  236         Section 3. Paragraph (d) of subsection (3) of section
  237  380.510, Florida Statutes, is amended to read:
  238         380.510 Conditions of grants and loans.—
  239         (3) In the case of a grant or loan for land acquisition,
  240  agreements shall provide all of the following:
  241         (d) If any essential term or condition of a grant or loan
  242  is violated, title to all interest in real property acquired
  243  with state funds shall be conveyed or revert to the Board of
  244  Trustees of the Internal Improvement Trust Fund. The trust shall
  245  treat such property in accordance with s. 380.508(4)(g) s.
  246  380.508(4)(f).
  248  Any deed or other instrument of conveyance whereby a nonprofit
  249  organization or local government acquires real property under
  250  this section shall set forth the interest of the state. The
  251  trust shall keep at least one copy of any such instrument and
  252  shall provide at least one copy to the Board of Trustees of the
  253  Internal Improvement Trust Fund.
  254         Section 4. This act shall take effect July 1, 2018.