Florida Senate - 2023                                     SB 928
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00268A-23                                           2023928__
    1                        A bill to be entitled                      
    2         An act relating to land acquisition funding; amending
    3         s. 201.15, F.S.; extending the retirement date of
    4         bonds issued to fund the Florida Forever Act; amending
    5         s. 259.105, F.S.; revising the distribution of
    6         proceeds from the Florida Forever Trust Fund for land
    7         acquisition and capital project expenditures under the
    8         Florida Forever Act; removing an obsolete provision;
    9         amending s. 375.041, F.S.; requiring a specified
   10         annual appropriation to the Florida Forever Trust
   11         Fund; prohibiting the use of moneys from the Land
   12         Acquisition Trust Fund for specified costs; amending
   13         ss. 20.3315, 253.027, 253.034, 259.035, 380.510,
   14         570.715, and 589.065, F.S.; conforming cross
   15         references; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (a) of subsection (3) of section
   20  201.15, Florida Statutes, is amended to read:
   21         201.15 Distribution of taxes collected.—All taxes collected
   22  under this chapter are hereby pledged and shall be first made
   23  available to make payments when due on bonds issued pursuant to
   24  s. 215.618 or s. 215.619, or any other bonds authorized to be
   25  issued on a parity basis with such bonds. Such pledge and
   26  availability for the payment of these bonds shall have priority
   27  over any requirement for the payment of service charges or costs
   28  of collection and enforcement under this section. All taxes
   29  collected under this chapter, except taxes distributed to the
   30  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   31  are subject to the service charge imposed in s. 215.20(1).
   32  Before distribution pursuant to this section, the Department of
   33  Revenue shall deduct amounts necessary to pay the costs of the
   34  collection and enforcement of the tax levied by this chapter.
   35  The costs and service charge may not be levied against any
   36  portion of taxes pledged to debt service on bonds to the extent
   37  that the costs and service charge are required to pay any
   38  amounts relating to the bonds. All of the costs of the
   39  collection and enforcement of the tax levied by this chapter and
   40  the service charge shall be available and transferred to the
   41  extent necessary to pay debt service and any other amounts
   42  payable with respect to bonds authorized before January 1, 2017,
   43  secured by revenues distributed pursuant to this section. All
   44  taxes remaining after deduction of costs shall be distributed as
   45  follows:
   46         (3) Amounts on deposit in the Land Acquisition Trust Fund
   47  shall be used in the following order:
   48         (a) Payment of debt service or funding of debt service
   49  reserve funds, rebate obligations, or other amounts payable with
   50  respect to Florida Forever bonds issued pursuant to s. 215.618.
   51  The amount used for such purposes may not exceed $300 million in
   52  each fiscal year. It is the intent of the Legislature that all
   53  bonds issued to fund the Florida Forever Act be retired by
   54  December 31, 2054 2040. Except for bonds issued to refund
   55  previously issued bonds, a no series of bonds may not be issued
   56  pursuant to this paragraph unless such bonds are approved and
   57  the debt service for the remainder of the fiscal year in which
   58  the bonds are issued is specifically appropriated in the General
   59  Appropriations Act or other law with respect to bonds issued for
   60  the purposes of s. 373.4598.
   61  
   62  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
   63  and ratably secured by moneys distributable to the Land
   64  Acquisition Trust Fund.
   65         Section 2. Subsections (3), (4), (7), (9), and (16) of
   66  section 259.105, Florida Statutes, are amended to read:
   67         259.105 The Florida Forever Act.—
   68         (3) Less the costs of issuing and the costs of funding
   69  reserve accounts and other costs associated with bonds, the
   70  proceeds of cash payments or bonds issued pursuant to this
   71  section shall be deposited into the Florida Forever Trust Fund
   72  created by s. 259.1051. The proceeds shall be distributed by the
   73  Department of Environmental Protection in the following manner:
   74         (a)Thirty percent to the Department of Environmental
   75  Protection for the acquisition of lands and capital project
   76  expenditures necessary to implement the water management
   77  districts’ priority lists developed pursuant to s. 373.199. The
   78  funds are to be distributed to the water management districts as
   79  provided in subsection (11). A minimum of 50 percent of the
   80  total funds provided over the life of the Florida Forever
   81  program pursuant to this paragraph shall be used for the
   82  acquisition of lands.
   83         (a)(b) Thirty-five and seven-tenths percent to the
   84  Department of Environmental Protection for the acquisition of
   85  lands and capital project expenditures described in this
   86  section. Of the proceeds distributed pursuant to this paragraph,
   87  it is the intent of the Legislature that an increased priority
   88  be given to those acquisitions which achieve a combination of
   89  conservation goals, including protecting Florida’s water
   90  resources and natural groundwater recharge. At a minimum, 3
   91  percent, and no more than 10 percent, of the funds allocated
   92  pursuant to this paragraph shall be spent on capital project
   93  expenditures identified during the time of acquisition which
   94  meet land management planning activities necessary for public
   95  access. Beginning in the 2017-2018 fiscal year and continuing
   96  through the 2026-2027 fiscal year, at least $5 million of the
   97  funds allocated pursuant to this paragraph shall be spent on
   98  land acquisition within the Florida Keys Area of Critical State
   99  Concern as authorized pursuant to s. 259.045.
  100         (b)(c)Twenty and seven-tenths Twenty-one percent to the
  101  Department of Environmental Protection for use by the Florida
  102  Communities Trust for the purposes of part III of chapter 380,
  103  as described and limited by this subsection, and grants to local
  104  governments or nonprofit environmental organizations that are
  105  tax-exempt under s. 501(c)(3) of the United States Internal
  106  Revenue Code for the acquisition of community-based projects,
  107  urban open spaces, parks, and greenways to implement local
  108  government comprehensive plans. From funds available to the
  109  trust and used for land acquisition, 75 percent shall be matched
  110  by local governments on a dollar-for-dollar basis. The
  111  Legislature intends that the Florida Communities trust emphasize
  112  funding projects in low-income or otherwise disadvantaged
  113  communities and projects that provide areas for direct water
  114  access and water-dependent facilities that are open to the
  115  public and offer public access by vessels to waters of the
  116  state, including boat ramps and associated parking and other
  117  support facilities. At least 30 percent of the total allocation
  118  provided to the trust shall be used in Standard Metropolitan
  119  Statistical Areas, but one-half of that amount shall be used in
  120  localities in which the project site is located in built-up
  121  commercial, industrial, or mixed-use areas and functions to
  122  intersperse open spaces within congested urban core areas. Up to
  123  2 percent of the total allocation provided to the trust may be
  124  used for expenditures necessary to implement the Stan Mayfield
  125  Working Waterfronts program pursuant to s. 380.5105 From funds
  126  allocated to the trust, no less than 5 percent shall be used to
  127  acquire lands for recreational trail systems, provided that in
  128  the event these funds are not needed for such projects, they
  129  will be available for other trust projects. Local governments
  130  may use federal grants or loans, private donations, or
  131  environmental mitigation funds for any part or all of any local
  132  match required for acquisitions funded through the Florida
  133  Communities trust. Any lands purchased by nonprofit
  134  organizations using funds allocated under this paragraph must
  135  provide for such lands to remain permanently in public use
  136  through a reversion of title to local or state government,
  137  conservation easement, or other appropriate mechanism. Projects
  138  funded with funds allocated to the trust shall be selected in a
  139  competitive process measured against criteria adopted in rule by
  140  the trust.
  141         (c)(d) Two and seven-tenths percent to the Department of
  142  Environmental Protection for grants pursuant to s. 375.075.
  143         (d)(e)Two and seven-tenths One and five-tenths percent to
  144  the Department of Environmental Protection for the purchase of
  145  inholdings and additions to state parks and for capital project
  146  expenditures as described in this section. At a minimum, 1
  147  percent, and no more than 10 percent, of the funds allocated
  148  pursuant to this paragraph shall be spent on capital project
  149  expenditures identified during the time of acquisition which
  150  meet land management planning activities necessary for public
  151  access. For the purposes of this paragraph, the term “state
  152  park” means any real property in the state which is under the
  153  jurisdiction of the Division of Recreation and Parks of the
  154  department, or which may come under its jurisdiction.
  155         (e)(f)Two and seven-tenths One and five-tenths percent to
  156  the Florida Forest Service of the Department of Agriculture and
  157  Consumer Services to fund the acquisition of state forest
  158  inholdings and additions pursuant to s. 589.07, the
  159  implementation of reforestation plans or sustainable forestry
  160  management practices, and for capital project expenditures as
  161  described in this section. At a minimum, 1 percent, and no more
  162  than 10 percent, of the funds allocated for the acquisition of
  163  inholdings and additions pursuant to this paragraph shall be
  164  spent on capital project expenditures identified during the time
  165  of acquisition which meet land management planning activities
  166  necessary for public access.
  167         (f)(g)Two and seven-tenths One and five-tenths percent to
  168  the Fish and Wildlife Conservation Commission to fund the
  169  acquisition of inholdings and additions to lands managed by the
  170  commission which are important to the conservation of fish and
  171  wildlife and for capital project expenditures as described in
  172  this section. At a minimum, 1 percent, and no more than 10
  173  percent, of the funds allocated pursuant to this paragraph shall
  174  be spent on capital project expenditures identified during the
  175  time of acquisition which meet land management planning
  176  activities necessary for public access.
  177         (g)(h)Two and seven-tenths One and five-tenths percent to
  178  the Department of Environmental Protection for the Florida
  179  Greenways and Trails Program, to acquire greenways and trails or
  180  greenways and trail systems pursuant to chapter 260, including,
  181  but not limited to, abandoned railroad rights-of-way and the
  182  Florida National Scenic Trail and for capital project
  183  expenditures as described in this section. At a minimum, 1
  184  percent, and no more than 10 percent, of the funds allocated
  185  pursuant to this paragraph shall be spent on capital project
  186  expenditures identified during the time of acquisition which
  187  meet land management planning activities necessary for public
  188  access.
  189         (h)(i)Thirty and one-tenth Three and five-tenths percent
  190  to the Department of Agriculture and Consumer Services for the
  191  acquisition of agricultural lands, through perpetual
  192  conservation easements and other perpetual less than fee
  193  techniques, which will achieve the objectives of Florida Forever
  194  and s. 570.71. Rules concerning the application, acquisition,
  195  and priority ranking process for such easements shall be
  196  developed pursuant to s. 570.71(10) and as provided by this
  197  paragraph. The board shall ensure that such rules are consistent
  198  with the acquisition process provided for in s. 570.715. The
  199  rules developed pursuant to s. 570.71(10), shall also provide
  200  for the following:
  201         1. An annual priority list shall be developed pursuant to
  202  s. 570.71(10), submitted to the council for review, and approved
  203  by the board pursuant to s. 259.04.
  204         2. Terms of easements and acquisitions proposed pursuant to
  205  this paragraph shall be approved by the board and may not be
  206  delegated by the board to any other entity receiving funds under
  207  this section.
  208         3. All acquisitions pursuant to this paragraph shall
  209  contain a clear statement that they are subject to legislative
  210  appropriation.
  211  
  212  Funds provided under this paragraph may not be expended until
  213  final adoption of rules by the board pursuant to s. 570.71.
  214         (j)Two and five-tenths percent to the Department of
  215  Environmental Protection for the acquisition of land and capital
  216  project expenditures necessary to implement the Stan Mayfield
  217  Working Waterfronts Program within the Florida Communities Trust
  218  pursuant to s. 380.5105.
  219         (i)(k) It is the intent of the Legislature that cash
  220  payments or proceeds of Florida Forever bonds distributed under
  221  this section shall be expended in an efficient and fiscally
  222  responsible manner. An agency that receives proceeds from
  223  Florida Forever bonds under this section may not maintain a
  224  balance of unencumbered funds in its Florida Forever subaccount
  225  beyond 3 fiscal years from the date of deposit of funds from
  226  each bond issue. Any funds that have not been expended or
  227  encumbered after 3 fiscal years from the date of deposit shall
  228  be distributed by the Legislature at its next regular session
  229  for use in the Florida Forever program.
  230         (j)(l) For the purposes of paragraphs (e), (f), and (g),
  231  and (h), the agencies that receive the funds shall develop their
  232  individual acquisition or restoration lists in accordance with
  233  specific criteria and numeric performance measures developed
  234  pursuant to s. 259.035(4). Proposed additions may be acquired if
  235  they are identified within the original project boundary, the
  236  management plan required pursuant to s. 253.034(5), or the
  237  management prospectus required pursuant to s. 259.032(7)(c).
  238  Proposed additions not meeting the requirements of this
  239  paragraph shall be submitted to the council for approval. The
  240  council may only approve the proposed addition if it meets two
  241  or more of the following criteria: serves as a link or corridor
  242  to other publicly owned property; enhances the protection or
  243  management of the property; would add a desirable resource to
  244  the property; would create a more manageable boundary
  245  configuration; has a high resource value that otherwise would be
  246  unprotected; or can be acquired at less than fair market value.
  247         (m)Notwithstanding paragraphs (a)-(j) and for the 2021
  248  2022 fiscal year, the amount of $1,998,100 to only the
  249  Department of Environmental Protection for grants pursuant to s.
  250  375.075. This paragraph expires July 1, 2022.
  251         (4) It is the intent of the Legislature that projects or
  252  acquisitions funded pursuant to paragraph paragraphs (3)(a) and
  253  (b) contribute to the achievement of the following goals, which
  254  shall be evaluated in accordance with specific criteria and
  255  numeric performance measures developed pursuant to s.
  256  259.035(4):
  257         (a) Enhance the coordination and completion of land
  258  acquisition projects, as measured by:
  259         1. The number of acres acquired through the state’s land
  260  acquisition programs that contribute to the enhancement of
  261  essential natural resources, ecosystem service parcels, and
  262  connecting linkage corridors as identified and developed by the
  263  best available scientific analysis;
  264         2. The number of acres protected through the use of
  265  alternatives to fee simple acquisition; or
  266         3. The number of shared acquisition projects among Florida
  267  Forever funding partners and partners with other funding
  268  sources, including local governments and the Federal Government.
  269         (b) Increase the protection of Florida’s biodiversity at
  270  the species, natural community, and landscape levels, as
  271  measured by:
  272         1. The number of acres acquired of significant strategic
  273  habitat conservation areas;
  274         2. The number of acres acquired of highest priority
  275  conservation areas for Florida’s rarest species;
  276         3. The number of acres acquired of significant landscapes,
  277  landscape linkages, and conservation corridors, giving priority
  278  to completing linkages;
  279         4. The number of acres acquired of underrepresented native
  280  ecosystems;
  281         5. The number of landscape-sized protection areas of at
  282  least 50,000 acres that exhibit a mosaic of predominantly intact
  283  or restorable natural communities established through new
  284  acquisition projects or augmentations to previous projects; or
  285         6. The percentage increase in the number of occurrences of
  286  imperiled species on publicly managed conservation areas.
  287         (c) Protect, restore, and maintain the quality and natural
  288  functions of land, water, and wetland systems of the state, as
  289  measured by:
  290         1. The number of acres of publicly owned land identified as
  291  needing restoration, enhancement, and management, acres
  292  undergoing restoration or enhancement, acres with restoration
  293  activities completed, and acres managed to maintain such
  294  restored or enhanced conditions; the number of acres which
  295  represent actual or potential imperiled species habitat; the
  296  number of acres which are available pursuant to a management
  297  plan to restore, enhance, repopulate, and manage imperiled
  298  species habitat; and the number of acres of imperiled species
  299  habitat managed, restored, enhanced, repopulated, or acquired;
  300         2. The percentage of water segments that fully meet,
  301  partially meet, or do not meet their designated uses as reported
  302  in the Department of Environmental Protection’s State Water
  303  Quality Assessment 305(b) Report;
  304         3. The percentage completion of targeted capital
  305  improvements in surface water improvement and management plans
  306  created under s. 373.453(2), regional or master stormwater
  307  management system plans, or other adopted restoration plans;
  308         4. The number of acres acquired that protect natural
  309  floodplain functions;
  310         5. The number of acres acquired that protect surface waters
  311  of the state;
  312         6. The number of acres identified for acquisition to
  313  minimize damage from flooding and the percentage of those acres
  314  acquired;
  315         7. The number of acres acquired that protect fragile
  316  coastal resources;
  317         8. The number of acres of functional wetland systems
  318  protected;
  319         9. The percentage of miles of critically eroding beaches
  320  contiguous with public lands that are restored or protected from
  321  further erosion;
  322         10. The percentage of public lakes and rivers in which
  323  invasive, nonnative aquatic plants are under maintenance
  324  control; or
  325         11. The number of acres of public conservation lands in
  326  which upland invasive, exotic plants are under maintenance
  327  control.
  328         (d) Ensure that sufficient quantities of water are
  329  available to meet the current and future needs of natural
  330  systems and the citizens of the state, as measured by:
  331         1. The number of acres acquired which provide retention and
  332  storage of surface water in naturally occurring storage areas,
  333  such as lakes and wetlands, consistent with the maintenance of
  334  water resources or water supplies and consistent with district
  335  water supply plans;
  336         2. The quantity of water made available through the water
  337  resource development component of a district water supply plan
  338  for which a water management district is responsible; or
  339         3. The number of acres acquired of groundwater recharge
  340  areas critical to springs, sinks, aquifers, other natural
  341  systems, or water supply.
  342         (e) Increase natural resource-based public recreational and
  343  educational opportunities, as measured by:
  344         1. The number of acres acquired that are available for
  345  natural resource-based public recreation or education;
  346         2. The miles of trails that are available for public
  347  recreation, giving priority to those that provide significant
  348  connections including those that will assist in completing the
  349  Florida National Scenic Trail; or
  350         3. The number of new resource-based recreation facilities,
  351  by type, made available on public land.
  352         (f) Preserve significant archaeological or historic sites,
  353  as measured by:
  354         1. The increase in the number of and percentage of historic
  355  and archaeological properties listed in the Florida Master Site
  356  File or National Register of Historic Places which are protected
  357  or preserved for public use; or
  358         2. The increase in the number and percentage of historic
  359  and archaeological properties that are in state ownership.
  360         (g) Increase the amount of forestland available for
  361  sustainable management of natural resources, as measured by:
  362         1. The number of acres acquired that are available for
  363  sustainable forest management;
  364         2. The number of acres of state-owned forestland managed
  365  for economic return in accordance with current best management
  366  practices;
  367         3. The number of acres of forestland acquired that will
  368  serve to maintain natural groundwater recharge functions; or
  369         4. The percentage and number of acres identified for
  370  restoration actually restored by reforestation.
  371         (h) Increase the amount of open space available in urban
  372  areas, as measured by:
  373         1. The percentage of local governments that participate in
  374  land acquisition programs and acquire open space in urban cores;
  375  or
  376         2. The percentage and number of acres of purchases of open
  377  space within urban service areas.
  378         (i) Mitigate the effects of natural disasters and floods in
  379  developed areas, as measured by:
  380         1. The number of acres acquired within a 100-year
  381  floodplain or a coastal high hazard area;
  382         2. The number of acres acquired or developed to serve dual
  383  functions as:
  384         a. Flow ways or temporary water storage areas during
  385  flooding or high water events, not including permanent
  386  reservoirs; and
  387         b. Greenways or open spaces available to the public for
  388  recreation;
  389         3. The number of acres that protect existing open spaces
  390  and natural buffer areas within a floodplain that also serve as
  391  natural flow ways or natural temporary water storage areas; and
  392         4. The percentage of the land acquired within the project
  393  boundary that creates additional open spaces, natural buffer
  394  areas, and greenways within a floodplain, while precluding
  395  rebuilding in areas that repeatedly flood.
  396  
  397  Florida Forever projects and acquisitions funded pursuant to
  398  paragraph (3)(b) (3)(c) shall be measured by goals developed by
  399  rule by the Florida Communities Trust Governing Board created in
  400  s. 380.504.
  401         (7)(a) No later than July 1 annually, the Acquisition and
  402  Restoration Council shall accept applications from state
  403  agencies, local governments, nonprofit and for-profit
  404  organizations, private land trusts, and individuals for project
  405  proposals eligible for funding pursuant to paragraph (3)(a)
  406  (3)(b). The council shall evaluate the proposals received
  407  pursuant to this subsection to ensure that they meet at least
  408  one of the criteria under subsection (9).
  409         (b) Project applications shall contain, at a minimum, the
  410  following:
  411         1. A minimum of two numeric performance measures that
  412  directly relate to the overall goals adopted by the council.
  413  Each performance measure shall include a baseline measurement,
  414  which is the current situation; a performance standard which the
  415  project sponsor anticipates the project will achieve; and the
  416  performance measurement itself, which should reflect the
  417  incremental improvements the project accomplishes towards
  418  achieving the performance standard.
  419         2. Proof that property owners within any proposed
  420  acquisition have been notified of their inclusion in the
  421  proposed project. Any property owner may request the removal of
  422  such property from further consideration by submitting a request
  423  to the project sponsor or the Acquisition and Restoration
  424  Council by certified mail. Upon receiving this request, the
  425  council shall delete the property from the proposed project;
  426  however, the board of trustees, at the time it votes to approve
  427  the proposed project lists pursuant to subsection (16), may add
  428  the property back on to the project lists if it determines by a
  429  super majority of its members that such property is critical to
  430  achieve the purposes of the project.
  431         (c) The title to lands acquired under this section shall
  432  vest in the Board of Trustees of the Internal Improvement Trust
  433  Fund, except that title to lands acquired by a water management
  434  district shall vest in the name of that district and lands
  435  acquired by a local government shall vest in the name of the
  436  purchasing local government.
  437         (9) The Acquisition and Restoration Council shall recommend
  438  rules for adoption by the board of trustees to competitively
  439  evaluate, select, and rank projects eligible for Florida Forever
  440  funds pursuant to paragraph (3)(a) (3)(b). In developing these
  441  proposed rules, the Acquisition and Restoration Council shall
  442  give weight to the following criteria:
  443         (a) The project meets multiple goals described in
  444  subsection (4).
  445         (b) The project is part of an ongoing governmental effort
  446  to restore, protect, or develop land areas or water resources.
  447         (c) The project enhances or facilitates management of
  448  properties already under public ownership.
  449         (d) The project has significant archaeological or historic
  450  value.
  451         (e) The project has funding sources that are identified and
  452  assured through at least the first 2 years of the project.
  453         (f) The project contributes to the solution of water
  454  resource problems on a regional basis.
  455         (g) The project has a significant portion of its land area
  456  in imminent danger of development, in imminent danger of losing
  457  its significant natural attributes or recreational open space,
  458  or in imminent danger of subdivision which would result in
  459  multiple ownership and make acquisition of the project costly or
  460  less likely to be accomplished.
  461         (h) The project implements an element from a plan developed
  462  by an ecosystem management team.
  463         (i) The project is one of the components of the Everglades
  464  restoration effort.
  465         (j) The project may be purchased at 80 percent of appraised
  466  value.
  467         (k) The project may be acquired, in whole or in part, using
  468  alternatives to fee simple, including but not limited to, tax
  469  incentives, mitigation funds, or other revenues; the purchase of
  470  development rights, hunting rights, agricultural or
  471  silvicultural rights, or mineral rights; or obtaining
  472  conservation easements or flowage easements.
  473         (l) The project is a joint acquisition, either among public
  474  agencies, nonprofit organizations, or private entities, or by a
  475  public-private partnership.
  476         (16) All proposals for projects pursuant to paragraph
  477  (3)(a) (3)(b) shall be implemented only if adopted by the
  478  Acquisition and Restoration Council and approved by the board of
  479  trustees. The council shall consider and evaluate in writing the
  480  merits and demerits of each project that is proposed for Florida
  481  Forever funding. The council shall ensure that each proposed
  482  project will meet a stated public purpose for the restoration,
  483  conservation, or preservation of environmentally sensitive lands
  484  and water areas or for providing outdoor recreational
  485  opportunities. The council also shall determine whether the
  486  project or addition conforms, where applicable, with the
  487  comprehensive plan developed pursuant to s. 259.04(1)(a), the
  488  comprehensive multipurpose outdoor recreation plan developed
  489  pursuant to s. 375.021, the state lands management plan adopted
  490  pursuant to s. 253.03(7), the water resources work plans
  491  developed pursuant to s. 373.199, and the provisions of this
  492  section.
  493         Section 3. Subsections (3) and (4) of section 375.041,
  494  Florida Statutes, are amended to read:
  495         375.041 Land Acquisition Trust Fund.—
  496         (3) Funds distributed into the Land Acquisition Trust Fund
  497  pursuant to s. 201.15 shall be applied:
  498         (a) First, to pay debt service or to fund debt service
  499  reserve funds, rebate obligations, or other amounts payable with
  500  respect to Florida Forever bonds issued under s. 215.618; and
  501  pay debt service, provide reserves, and pay rebate obligations
  502  and other amounts due with respect to Everglades restoration
  503  bonds issued under s. 215.619; and
  504         (b) Of the funds remaining after the payments required
  505  under paragraph (a), but before funds may be appropriated,
  506  pledged, or dedicated for other uses:
  507         1. A minimum of the lesser of 25 percent or $200 million
  508  shall be appropriated annually for Everglades projects that
  509  implement the Comprehensive Everglades Restoration Plan as set
  510  forth in s. 373.470, including the Central Everglades Planning
  511  Project subject to Congressional authorization; the Long-Term
  512  Plan as defined in s. 373.4592(2); and the Northern Everglades
  513  and Estuaries Protection Program as set forth in s. 373.4595.
  514  From these funds, $32 million shall be distributed each fiscal
  515  year through the 2023-2024 fiscal year to the South Florida
  516  Water Management District for the Long-Term Plan as defined in
  517  s. 373.4592(2). After deducting the $32 million distributed
  518  under this subparagraph, from the funds remaining, a minimum of
  519  the lesser of 76.5 percent or $100 million shall be appropriated
  520  each fiscal year through the 2025-2026 fiscal year for the
  521  planning, design, engineering, and construction of the
  522  Comprehensive Everglades Restoration Plan as set forth in s.
  523  373.470, including the Central Everglades Planning Project, the
  524  Everglades Agricultural Area Storage Reservoir Project, the Lake
  525  Okeechobee Watershed Project, the C-43 West Basin Storage
  526  Reservoir Project, the Indian River Lagoon-South Project, the
  527  Western Everglades Restoration Project, and the Picayune Strand
  528  Restoration Project. The Department of Environmental Protection
  529  and the South Florida Water Management District shall give
  530  preference to those Everglades restoration projects that reduce
  531  harmful discharges of water from Lake Okeechobee to the St.
  532  Lucie or Caloosahatchee estuaries in a timely manner. For the
  533  purpose of performing the calculation provided in this
  534  subparagraph, the amount of debt service paid pursuant to
  535  paragraph (a) for bonds issued after July 1, 2016, for the
  536  purposes set forth under this paragraph shall be added to the
  537  amount remaining after the payments required under paragraph
  538  (a). The amount of the distribution calculated shall then be
  539  reduced by an amount equal to the debt service paid pursuant to
  540  paragraph (a) on bonds issued after July 1, 2016, for the
  541  purposes set forth under this subparagraph.
  542         2. A minimum of the lesser of 7.6 percent or $50 million
  543  shall be appropriated annually for spring restoration,
  544  protection, and management projects. For the purpose of
  545  performing the calculation provided in this subparagraph, the
  546  amount of debt service paid pursuant to paragraph (a) for bonds
  547  issued after July 1, 2016, for the purposes set forth under this
  548  paragraph shall be added to the amount remaining after the
  549  payments required under paragraph (a). The amount of the
  550  distribution calculated shall then be reduced by an amount equal
  551  to the debt service paid pursuant to paragraph (a) on bonds
  552  issued after July 1, 2016, for the purposes set forth under this
  553  subparagraph.
  554         3. The sum of $5 million shall be appropriated annually
  555  each fiscal year through the 2025-2026 fiscal year to the St.
  556  Johns River Water Management District for projects dedicated to
  557  the restoration of Lake Apopka. This distribution shall be
  558  reduced by an amount equal to the debt service paid pursuant to
  559  paragraph (a) on bonds issued after July 1, 2016, for the
  560  purposes set forth in this subparagraph.
  561         4. The sum of $64 million is appropriated and shall be
  562  transferred to the Everglades Trust Fund for the 2018-2019
  563  fiscal year, and each fiscal year thereafter, for the EAA
  564  reservoir project pursuant to s. 373.4598. Any funds remaining
  565  in any fiscal year shall be made available only for Phase II of
  566  the C-51 reservoir project or projects identified in
  567  subparagraph 1. and must be used in accordance with laws
  568  relating to such projects. Any funds made available for such
  569  purposes in a fiscal year are in addition to the amount
  570  appropriated under subparagraph 1. This distribution shall be
  571  reduced by an amount equal to the debt service paid pursuant to
  572  paragraph (a) on bonds issued after July 1, 2017, for the
  573  purposes set forth in this subparagraph.
  574         5. The sum of $50 million shall be appropriated annually to
  575  the South Florida Water Management District for the Lake
  576  Okeechobee Watershed Restoration Project in accordance with s.
  577  373.4599. This distribution must be reduced by an amount equal
  578  to the debt service paid pursuant to paragraph (a) on bonds
  579  issued after July 1, 2021, for the purposes set forth in this
  580  subparagraph.
  581         6. A minimum of the lesser of 40 percent or $300 million
  582  shall be appropriated annually to the Florida Forever Trust Fund
  583  Notwithstanding subparagraph 3., for the 2022-2023 fiscal year,
  584  funds shall be appropriated as provided in the General
  585  Appropriations Act. This subparagraph expires July 1, 2023.
  586         (4) Any remaining moneys in the Land Acquisition Trust Fund
  587  which are not distributed as provided in subsection (3) may be
  588  appropriated from time to time for the purposes set forth in s.
  589  28, Art. X of the State Constitution, except that moneys
  590  distributed from the Land Acquisition Trust Fund may not be used
  591  for costs associated with any of the following budget entities:
  592         (a)The Executive Direction and Support Services and the
  593  Technology and Information Services within the Department of
  594  Environmental Protection.
  595         (b)The Executive Direction and Support Services and the
  596  Office of Agriculture Technology Services within the Department
  597  of Agriculture and Consumer Services.
  598         (c)The Office of Executive Direction and Administrative
  599  Support Services within the Fish and Wildlife Conservation
  600  Commission.
  601         (d)The Executive Direction and Support Services within the
  602  Department of State.
  603         Section 4. Subsection (1) of section 20.3315, Florida
  604  Statutes, is amended to read:
  605         20.3315 Florida Forever Program Trust Fund of the Florida
  606  Fish and Wildlife Conservation Commission.—
  607         (1) There is created a Florida Forever Program Trust Fund
  608  within the Florida Fish and Wildlife Conservation Commission to
  609  carry out the duties of the commission under the Florida Forever
  610  Act as specified in s. 259.105(3)(f) s. 259.105(3)(g). The trust
  611  fund shall receive funds pursuant to s. 259.105(3)(f) s.
  612  259.105(3)(g).
  613         Section 5. Subsections (4) and (5) of section 253.027,
  614  Florida Statutes, are amended to read:
  615         253.027 Emergency archaeological property acquisition.—
  616         (4) EMERGENCY ARCHAEOLOGICAL ACQUISITION.—The sum of $2
  617  million shall be reserved annually within the Florida Forever
  618  Trust Fund for the purpose of emergency archaeological
  619  acquisition. Any portion of that amount not spent or obligated
  620  by the end of the third quarter of the fiscal year may be used
  621  for approved acquisitions pursuant to s. 259.105(3)(a) s.
  622  259.105(3)(b).
  623         (5) ACCOUNT EXPENDITURES.—
  624         (a) No Moneys may not shall be spent for the acquisition of
  625  any property, including title works, appraisal fees, and survey
  626  costs, unless:
  627         1. The property is an archaeological property of major
  628  statewide significance.
  629         2. The structures, artifacts, or relics, or their historic
  630  significance, will be irretrievably lost if the state cannot
  631  acquire the property.
  632         3. The site is presently on an acquisition list for Florida
  633  Forever lands or complies with the criteria for inclusion on any
  634  such list, but has yet to be included on the list.
  635         4. No other source of immediate funding is available to
  636  purchase or otherwise protect the property.
  637         5. The site is not otherwise protected by local, state, or
  638  federal laws.
  639         6. The acquisition is not inconsistent with the state
  640  comprehensive plan and the state land acquisition program.
  641         (b) No Moneys may not shall be spent from the account for
  642  excavation or restoration of the properties acquired. Funds may
  643  be spent for preliminary surveys to determine if the sites meet
  644  the criteria of this section. An amount not to exceed $100,000
  645  may also be spent from the account to inventory and evaluate
  646  archaeological and historic resources on properties purchased,
  647  or proposed for purchase, pursuant to s. 259.105(3)(a) s.
  648  259.105(3)(b).
  649         Section 6. Subsection (3) of section 253.034, Florida
  650  Statutes, is amended to read:
  651         253.034 State-owned lands; uses.—
  652         (3) Recognizing that recreational trails purchased with
  653  rails-to-trails funds pursuant to former s. 259.101(3)(g),
  654  Florida Statutes 2014, or s. 259.105(3)(g) s. 259.105(3)(h) have
  655  had historic transportation uses and that their linear character
  656  may extend many miles, the Legislature intends that if the
  657  necessity arises to serve public needs, after balancing the need
  658  to protect trail users from collisions with automobiles and a
  659  preference for the use of overpasses and underpasses to the
  660  greatest extent feasible and practical, transportation uses
  661  shall be allowed to cross recreational trails purchased pursuant
  662  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  663  259.105(3)(g) s. 259.105(3)(h). When these crossings are needed,
  664  the location and design should consider and mitigate the impact
  665  on humans and environmental resources, and the value of the land
  666  shall be paid based on fair market value.
  667         Section 7. Subsections (3) and (6) of section 259.035,
  668  Florida Statutes, are amended to read:
  669         259.035 Acquisition and Restoration Council.—
  670         (3) The council shall provide assistance to the board in
  671  reviewing the recommendations and plans for state-owned
  672  conservation lands required under s. 253.034 and this chapter.
  673  The council shall, in reviewing such plans, consider the
  674  optimization of multiple-use and conservation strategies to
  675  accomplish the provisions funded pursuant to former s.
  676  259.101(3)(a), Florida Statutes 2014, and to s. 259.105(3)(a) s.
  677  259.105(3)(b).
  678         (6) The proposal for a project pursuant to this section or
  679  s. 259.105(3)(a) s. 259.105(3)(b) may be implemented only if
  680  adopted by the council and approved by the board of trustees.
  681  The council shall consider and evaluate in writing the merits
  682  and demerits of each project that is proposed for acquisition
  683  using funds available pursuant to s. 28, Art. X of the State
  684  Constitution or Florida Forever funding and shall ensure that
  685  each proposed project meets the requirements of s. 28, Art. X of
  686  the State Constitution. The council also shall determine whether
  687  the project conforms, where applicable, with the comprehensive
  688  plan developed pursuant to s. 259.04(1)(a), the comprehensive
  689  multipurpose outdoor recreation plan developed pursuant to s.
  690  375.021, the state lands management plan adopted pursuant to s.
  691  253.03(7), the water resources work plans developed pursuant to
  692  s. 373.199, and the provisions of s. 259.032, s. 259.101, or s.
  693  259.105, whichever is applicable.
  694         Section 8. Subsection (7) of section 380.510, Florida
  695  Statutes, is amended to read:
  696         380.510 Conditions of grants and loans.—
  697         (7) Any funds received by the trust pursuant to s.
  698  259.105(3)(b) s. 259.105(3)(c) or s. 375.041 shall be held
  699  separate and apart from any other funds held by the trust and
  700  used for the land acquisition purposes of this part.
  701         (a) The administration and use of Florida Forever funds are
  702  subject to such terms and conditions imposed thereon by the
  703  agency of the state responsible for the bonds, the proceeds of
  704  which are deposited into the Florida Forever Trust Fund,
  705  including restrictions imposed to ensure that the interest on
  706  any such bonds issued by the state as tax-exempt bonds is not
  707  included in the gross income of the holders of such bonds for
  708  federal income tax purposes.
  709         (b) All deeds or leases with respect to any real property
  710  acquired with funds received by the trust from the former
  711  Preservation 2000 Trust Fund, the Florida Forever Trust Fund, or
  712  the Land Acquisition Trust Fund must contain such covenants and
  713  restrictions as are sufficient to ensure that the use of such
  714  real property at all times complies with s. 375.051 and s. 9,
  715  Art. XII of the State Constitution. Each deed or lease with
  716  respect to any real property acquired with funds received by the
  717  trust from the Florida Forever Trust Fund before July 1, 2015,
  718  must contain covenants and restrictions sufficient to ensure
  719  that the use of such real property at all times complies with s.
  720  11(e), Art. VII of the State Constitution. Each deed or lease
  721  with respect to any real property acquired with funds received
  722  by the trust from the Florida Forever Trust Fund after July 1,
  723  2015, must contain covenants and restrictions sufficient to
  724  ensure that the use of such real property at all times complies
  725  with s. 28, Art. X of the State Constitution. Each deed or lease
  726  must contain a reversion, conveyance, or termination clause that
  727  vests title in the Board of Trustees of the Internal Improvement
  728  Trust Fund if any of the covenants or restrictions are violated
  729  by the titleholder or leaseholder or by some third party with
  730  the knowledge of the titleholder or leaseholder.
  731         Section 9. Paragraph (d) of subsection (1) of section
  732  570.715, Florida Statutes, is amended to read:
  733         570.715 Conservation easement acquisition procedures.—
  734         (1) For less than fee simple acquisitions pursuant to s.
  735  570.71, the Department of Agriculture and Consumer Services
  736  shall comply with the following acquisition procedures:
  737         (d) On behalf of the board of trustees and before the
  738  appraisal of parcels approved for purchase under ss.
  739  259.105(3)(h) ss. 259.105(3)(i) and 570.71, the department may
  740  enter into option contracts to buy less than fee simple interest
  741  in such parcels. Any such option contract shall state that the
  742  final purchase price is subject to approval by the board of
  743  trustees and that the final purchase price may not exceed the
  744  maximum offer authorized by law. Any such option contract
  745  presented to the board of trustees for final purchase price
  746  approval shall explicitly state that payment of the final
  747  purchase price is subject to an appropriation by the
  748  Legislature. The consideration for any such option contract may
  749  not exceed $1,000 or 0.01 percent of the estimate by the
  750  department of the value of the parcel, whichever amount is
  751  greater.
  752         Section 10. Subsection (1) of section 589.065, Florida
  753  Statutes, is amended to read:
  754         589.065 Florida Forever Program Trust Fund of the
  755  Department of Agriculture and Consumer Services.—
  756         (1) There is created a Florida Forever Program Trust Fund
  757  within the Department of Agriculture and Consumer Services to
  758  carry out the duties of the department under the Florida Forever
  759  Act as specified in s. 259.105(3)(e) s. 259.105(3)(f). The trust
  760  fund shall receive funds pursuant to s. 259.105(3)(e) s.
  761  259.105(3)(f).
  762         Section 11. This act shall take effect July 1, 2023.