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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land acquisition funding; amending 2
s. 201.15, F.S.; extending the retirement date of 3
bonds issues to fund the Florida Forever Act; amending 4
s. 259.105, F.S.; revising the distribution of 5
proceeds from the Florida Forever Trust Fund for land 6
acquisition and capital project expenditures under the 7
Florida Forever Act; removing an obsolete provision; 8
conforming cross-references; amending s. 375.041, 9
F.S.; requiring a specified annual appropriation to 10
the Florida Forever Trust Fund; prohibiting the use of 11
moneys from the Land Acquisition Trust Fund for 12
specified costs; amending ss. 20.3315, 253.027, 13
253.034, 259.035, 380.510, 570.715, and 589.065, F.S .; 14
conforming cross-references; providing an effective 15
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 ta xes collected.—All taxes 22
collected under this chapter are hereby pledged and shall be 23
first made available to make payments when due on bonds issued 24
pursuant to s. 215.618 or s. 215.619, or any other bonds 25
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authorized to be issued on a parity basis with suc h bonds. Such 26
pledge and availability for the payment of these bonds shall 27
have priority over any requirement for the payment of service 28
charges or costs of collection and enforcement under this 29
section. All taxes collected under this chapter, except taxes 30
distributed to the Land Acquisition Trust Fund pursuant to 31
subsections (1) and (2), are subject to the service charge 32
imposed in s. 215.20(1). Before distribution pursuant to this 33
section, the Department of Revenue shall deduct amounts 34
necessary to pay the costs of the collection and enforcement of 35
the tax levied by this chapter. The costs and service charge may 36
not be levied against any portion of taxes pledged to debt 37
service on bonds to the extent that the costs and service charge 38
are required to pay an y amounts relating to the bonds. All of 39
the costs of the collection and enforcement of the tax levied by 40
this chapter and the service charge shall be available and 41
transferred to the extent necessary to pay debt service and any 42
other amounts payable with r espect to bonds authorized before 43
January 1, 2017, secured by revenues distributed pursuant to 44
this section. All taxes remaining after deduction of costs shall 45
be distributed as 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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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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 subsecti on (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 percent to the Department of 84
Environmental Protection for the acquisition of lands and 85
capital project expenditures described in this section. Of the 86
proceeds distributed pursuant to this paragraph, it is the 87
intent of the Legislature that an increased priority be given to 88
those acquisitions which achieve a combi nation of conservation 89
goals, including protecting Florida's water resources and 90
natural groundwater recharge. At a minimum, 3 percent, and no 91
more than 10 percent, of the funds allocated pursuant to this 92
paragraph shall be spent on capital project expendi tures 93
identified during the time of acquisition which meet land 94
management planning activities necessary for public access. 95
Beginning in the 2017 -2018 fiscal year and continuing through 96
the 2026-2027 fiscal year, at least $5 million of the funds 97
allocated pursuant to this paragraph shall be spent on land 98
acquisition within the Florida Keys Area of Critical State 99
Concern as authorized pursuant to s. 259.045. 100
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(b)(c) Twenty Twenty-one percent to the Department of 101
Environmental Protection for use by the Flori da Communities 102
Trust for the purposes of part III of chapter 380, as described 103
and limited by this subsection, and grants to local governments 104
or nonprofit environmental organizations that are tax -exempt 105
under s. 501(c)(3) of the United States Internal Rev enue Code 106
for the acquisition of community -based projects, urban open 107
spaces, parks, and greenways to implement local government 108
comprehensive plans. From funds available to the trust and used 109
for land acquisition, 75 percent shall be matched by local 110
governments on a dollar-for-dollar basis. The Legislature 111
intends that the Florida Communities trust emphasize funding 112
projects in low-income or otherwise disadvantaged communities 113
and projects that provide areas for direct water access and 114
water-dependent facilities that are open to the public and offer 115
public access by vessels to waters of the state, including boat 116
ramps and associated parking and other support facilities . At 117
least 30 percent of the total allocation provided to the trust 118
shall be used in Stan dard Metropolitan Statistical Areas, but 119
one-half of that amount shall be used in localities in which the 120
project site is located in built -up commercial, industrial, or 121
mixed-use areas and functions to intersperse open spaces within 122
congested urban core ar eas. Up to 2 percent of the total 123
allocation provided to the trust may be used for expenditures 124
necessary to implement the Stan Mayfield Working Waterfronts 125
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program pursuant to s. 380.5105 From funds allocated to the 126
trust, no less than 5 percent shall be u sed to acquire lands for 127
recreational trail systems, provided that in the event these 128
funds are not needed for such projects, they will be available 129
for other trust projects . Local governments may use federal 130
grants or loans, private donations, or environm ental mitigation 131
funds for any part or all of any local match required for 132
acquisitions funded through the Florida Communities trust. Any 133
lands purchased by nonprofit organizations using funds allocated 134
under this paragraph must provide for such lands to r emain 135
permanently in public use through a reversion of title to local 136
or state government, conservation easement, or other appropriate 137
mechanism. Projects funded with funds allocated to the trust 138
shall be selected in a competitive process measured against 139
criteria adopted in rule by the trust. 140
(c)(d) Two percent to the Department of Environmental 141
Protection for grants pursuant to s. 375.075. 142
(d)(e) Two One and five-tenths percent to the Department 143
of Environmental Protection for the purchase of inholdings and 144
additions to state parks and for capital project expenditures as 145
described in this section. At a minimum, 1 percent, and no more 146
than 10 percent, of the funds allocat ed pursuant to this 147
paragraph shall be spent on capital project expenditures 148
identified during the time of acquisition which meet land 149
management planning activities necessary for public access. For 150
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the purposes of this paragraph, the term "state park" means any 151
real property in the state which is under the jurisdiction of 152
the Division of Recreation and Parks of the department, or which 153
may come under its jurisdiction. 154
(e)(f) Two One and five-tenths percent to the Florida 155
Forest Service of the Department of Agriculture and Consumer 156
Services to fund the acquisition of state forest inholdings and 157
additions pursuant to s. 589.07, the implementation of 158
reforestation plans or sustainable forestry management 159
practices, and for capital project expenditures as des cribed in 160
this section. At a minimum, 1 percent, and no more than 10 161
percent, of the funds allocated for the acquisition of 162
inholdings and additions pursuant to this paragraph shall be 163
spent on capital project expenditures identified during the time 164
of acquisition which meet land management planning activities 165
necessary for public access. 166
(f)(g) Two One and five-tenths percent to the Fish and 167
Wildlife Conservation Commission to fund the acquisition of 168
inholdings and additions to lands managed by the commi ssion 169
which are important to the conservation of fish and wildlife and 170
for capital project expenditures as described in this section. 171
At a minimum, 1 percent, and no more than 10 percent, of the 172
funds allocated pursuant to this paragraph shall be spent on 173
capital project expenditures identified during the time of 174
acquisition which meet land management planning activities 175
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necessary for public access. 176
(g)(h) Two One and five-tenths percent to the Department 177
of Environmental Protection for the Florida Greenways and Trails 178
Program, to acquire greenways and trails or greenways and trail 179
systems pursuant to chapter 260, including, but not limited to, 180
abandoned railroad rights -of-way and the Florida National Scenic 181
Trail and for capital project expenditures as described in this 182
section. At a minimum, 1 percent, and no more than 10 percent, 183
of the funds allocated pursuant to this paragraph shall be spent 184
on capital project expenditures ide ntified during the time of 185
acquisition which meet land management planning activities 186
necessary for public access. 187
(h)(i) Thirty-five Three and five-tenths percent to the 188
Department of Agriculture and Consumer Services for the 189
acquisition of agricultural lands, through perpetual 190
conservation easements and other perpetual less than fee 191
techniques, which will achieve the objectives of Florida Forever 192
and s. 570.71. Rules concerning the application, acquisition, 193
and priority ranking process for such easement s shall be 194
developed pursuant to s. 570.71(10) and as provided by this 195
paragraph. The board shall ensure that such rules are consistent 196
with the acquisition process provided for in s. 570.715. The 197
rules developed pursuant to s. 570.71(10), shall also provi de 198
for the following: 199
1. An annual priority list shall be developed pursuant to 200
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s. 570.71(10), submitted to the council for review, and approved 201
by the board pursuant to s. 259.04. 202
2. Terms of easements and acquisitions proposed pursuant 203
to this paragraph shall be approved by the board and may not be 204
delegated by the board to any other entity receiving funds under 205
this section. 206
3. All acquisitions pursuant to this paragraph shall 207
contain a clear statement that they are subject to legislative 208
appropriation. 209
210
Funds provided under this paragraph may not be expended until 211
final adoption of rules by the board pursuant to s. 570.71. 212
(j) Two and five-tenths percent to the Department of 213
Environmental Protection for the acquisition of land and capital 214
project expenditures necessary to implement the Stan Mayfield 215
Working Waterfronts Program within the Florida Communities Trust 216
pursuant to s. 380.5105. 217
(i)(k) It is the intent of the Legislature that cash 218
payments or proceeds of Florida Forever bonds distribute d under 219
this section shall be expended in an efficient and fiscally 220
responsible manner. An agency that receives proceeds from 221
Florida Forever bonds under this section may not maintain a 222
balance of unencumbered funds in its Florida Forever subaccount 223
beyond 3 fiscal years from the date of deposit of funds from 224
each bond issue. Any funds that have not been expended or 225
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encumbered after 3 fiscal years from the date of deposit shall 226
be distributed by the Legislature at its next regular session 227
for use in the Florida Forever program. 228
(j)(l) For the purposes of paragraphs (e), (f), and (g), 229
and (h), the agencies that receive the funds shall develop their 230
individual acquisition or restoration lists in accordance with 231
specific criteria and numeric performance measu res developed 232
pursuant to s. 259.035(4). Proposed additions may be acquired if 233
they are identified within the original project boundary, the 234
management plan required pursuant to s. 253.034(5), or the 235
management prospectus required pursuant to s. 259.032(7) (c). 236
Proposed additions not meeting the requirements of this 237
paragraph shall be submitted to the council for approval. The 238
council may only approve the proposed addition if it meets two 239
or more of the following criteria: serves as a link or corridor 240
to other publicly owned property; enhances the protection or 241
management of the property; would add a desirable resource to 242
the property; would create a more manageable boundary 243
configuration; has a high resource value that otherwise would be 244
unprotected; or can be acquired at less than fair market value. 245
(m) Notwithstanding paragraphs (a) -(j) and for the 2021 -246
2022 fiscal year, the amount of $1,998,100 to only the 247
Department of Environmental Protection for grants pursuant to s. 248
375.075. This paragraph expires Ju ly 1, 2022. 249
(4) It is the intent of the Legislature that projects or 250
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acquisitions funded pursuant to paragraph paragraphs (3)(a) and 251
(b) contribute to the achievement of the following goals, which 252
shall be evaluated in accordance with specific criteria a nd 253
numeric performance measures developed pursuant to s. 254
259.035(4): 255
(a) Enhance the coordination and completion of land 256
acquisition projects, as measured by: 257
1. The number of acres acquired through the state's land 258
acquisition programs that contribute to the enhancement of 259
essential natural resources, ecosystem service parcels, and 260
connecting linkage corridors as identified and developed by the 261
best available scientific analysis; 262
2. The number of acres protected through the use of 263
alternatives to fee simple acquisition; or 264
3. The number of shared acquisition projects among Florida 265
Forever funding partners and partners with other funding 266
sources, including local governments and the Federal Government. 267
(b) Increase the protection of Florida's biodiv ersity at 268
the species, natural community, and landscape levels, as 269
measured by: 270
1. The number of acres acquired of significant strategic 271
habitat conservation areas; 272
2. The number of acres acquired of highest priority 273
conservation areas for Florida's ra rest species; 274
3. The number of acres acquired of significant landscapes, 275
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landscape linkages, and conservation corridors, giving priority 276
to completing linkages; 277
4. The number of acres acquired of underrepresented native 278
ecosystems; 279
5. The number of landscape-sized protection areas of at 280
least 50,000 acres that exhibit a mosaic of predominantly intact 281
or restorable natural communities established through new 282
acquisition projects or augmentations to previous projects; or 283
6. The percentage increase in the number of occurrences of 284
imperiled species on publicly managed conservation areas. 285
(c) Protect, restore, and maintain the quality and natural 286
functions of land, water, and wetland systems of the state, as 287
measured by: 288
1. The number of acres of publ icly owned land identified 289
as needing restoration, enhancement, and management, acres 290
undergoing restoration or enhancement, acres with restoration 291
activities completed, and acres managed to maintain such 292
restored or enhanced conditions; the number of acre s which 293
represent actual or potential imperiled species habitat; the 294
number of acres which are available pursuant to a management 295
plan to restore, enhance, repopulate, and manage imperiled 296
species habitat; and the number of acres of imperiled species 297
habitat managed, restored, enhanced, repopulated, or acquired; 298
2. The percentage of water segments that fully meet, 299
partially meet, or do not meet their designated uses as reported 300
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in the Department of Environmental Protection's State Water 301
Quality Assessment 305(b) Report; 302
3. The percentage completion of targeted capital 303
improvements in surface water improvement and management plans 304
created under s. 373.453(2), regional or master stormwater 305
management system plans, or other adopted restoration plans; 306
4. The number of acres acquired that protect natural 307
floodplain functions; 308
5. The number of acres acquired that protect surface 309
waters of the state; 310
6. The number of acres identified for acquisition to 311
minimize damage from flooding and the percentage of t hose acres 312
acquired; 313
7. The number of acres acquired that protect fragile 314
coastal resources; 315
8. The number of acres of functional wetland systems 316
protected; 317
9. The percentage of miles of critically eroding beaches 318
contiguous with public lands that ar e restored or protected from 319
further erosion; 320
10. The percentage of public lakes and rivers in which 321
invasive, nonnative aquatic plants are under maintenance 322
control; or 323
11. The number of acres of public conservation lands in 324
which upland invasive, exo tic plants are under maintenance 325
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control. 326
(d) Ensure that sufficient quantities of water are 327
available to meet the current and future needs of natural 328
systems and the citizens of the state, as measured by: 329
1. The number of acres acquired which provide retention 330
and storage of surface water in naturally occurring storage 331
areas, such as lakes and wetlands, consistent with the 332
maintenance of water resources or water supplies and consistent 333
with district water supply plans; 334
2. The quantity of water made a vailable through the water 335
resource development component of a district water supply plan 336
for which a water management district is responsible; or 337
3. The number of acres acquired of groundwater recharge 338
areas critical to springs, sinks, aquifers, other n atural 339
systems, or water supply. 340
(e) Increase natural resource -based public recreational 341
and educational opportunities, as measured by: 342
1. The number of acres acquired that are available for 343
natural resource-based public recreation or education; 344
2. The miles of trails that are available for public 345
recreation, giving priority to those that provide significant 346
connections including those that will assist in completing the 347
Florida National Scenic Trail; or 348
3. The number of new resource -based recreation facilities, 349
by type, made available on public land. 350
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(f) Preserve significant archaeological or historic sites, 351
as measured by: 352
1. The increase in the number of and percentage of 353
historic and archaeological properties listed in the Florida 354
Master Site File or National Register of Historic Places which 355
are protected or preserved for public use; or 356
2. The increase in the number and percentage of historic 357
and archaeological properties that are in state ownership. 358
(g) Increase the amount of forestland a vailable for 359
sustainable management of natural resources, as measured by: 360
1. The number of acres acquired that are available for 361
sustainable forest management; 362
2. The number of acres of state -owned forestland managed 363
for economic return in accordance w ith current best management 364
practices; 365
3. The number of acres of forestland acquired that will 366
serve to maintain natural groundwater recharge functions; or 367
4. The percentage and number of acres identified for 368
restoration actually restored by reforestat ion. 369
(h) Increase the amount of open space available in urban 370
areas, as measured by: 371
1. The percentage of local governments that participate in 372
land acquisition programs and acquire open space in urban cores; 373
or 374
2. The percentage and number of acres of purchases of open 375
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space within urban service areas. 376
(i) Mitigate the effects of natural disasters and floods 377
in developed areas, as measured by: 378
1. The number of acres acquired within a 100 -year 379
floodplain or a coastal high hazard area; 380
2. The number of acres acquired or developed to serve dual 381
functions as: 382
a. Flow ways or temporary water storage areas during 383
flooding or high water events, not including permanent 384
reservoirs; and 385
b. Greenways or open spaces available to the public for 386
recreation; 387
3. The number of acres that protect existing open spaces 388
and natural buffer areas within a floodplain that also serve as 389
natural flow ways or natural temporary water storage areas; and 390
4. The percentage of the land acquired within the project 391
boundary that creates additional open spaces, natural buffer 392
areas, and greenways within a floodplain, while precluding 393
rebuilding in areas that repeatedly flood. 394
395
Florida Forever projects and acquisitions funded pursuant to 396
paragraph (3)(b) (3)(c) shall be measured by goals developed by 397
rule by the Florida Communities Trust Governing Board created in 398
s. 380.504. 399
(7)(a) No later than July 1 annually, the Acquisition and 400
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Restoration Council shall accept applications from state 401
agencies, local governments, non profit and for-profit 402
organizations, private land trusts, and individuals for project 403
proposals eligible for funding pursuant to paragraph (3)(a) 404
(3)(b). The council shall evaluate the proposals received 405
pursuant to this subsection to ensure that they meet at least 406
one of the criteria under subsection (9). 407
(b) Project applications shall contain, at a minimum, the 408
following: 409
1. A minimum of two numeric performance measures that 410
directly relate to the overall goals adopted by the council. 411
Each performance measure shall include a baseline measurement, 412
which is the current situation; a performance standard which the 413
project sponsor anticipates the project will achieve; and the 414
performance measurement itself, which should reflect the 415
incremental improvements the project accomplishes towards 416
achieving the performance standard. 417
2. Proof that property owners within any proposed 418
acquisition have been notified of their inclusion in the 419
proposed project. Any property owner may request the removal of 420
such property from further consideration by submitting a request 421
to the project sponsor or the Acquisition and Restoration 422
Council by certified mail. Upon receiving this request, the 423
council shall delete the property from the proposed project; 424
however, the board of trus tees, at the time it votes to approve 425
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the proposed project lists pursuant to subsection (16), may add 426
the property back on to the project lists if it determines by a 427
super majority of its members that such property is critical to 428
achieve the purposes of th e project. 429
(c) The title to lands acquired under this section shall 430
vest in the Board of Trustees of the Internal Improvement Trust 431
Fund, except that title to lands acquired by a water management 432
district shall vest in the name of that district and lands 433
acquired by a local government shall vest in the name of the 434
purchasing local government. 435
(9) The Acquisition and Restoration Council shall 436
recommend rules for adoption by the board of trustees to 437
competitively evaluate, select, and rank projects eligib le for 438
Florida Forever funds pursuant to paragraph (3)(a) (3)(b). In 439
developing these proposed rules, the Acquisition and Restoration 440
Council shall give weight to the following criteria: 441
(a) The project meets multiple goals described in 442
subsection (4). 443
(b) The project is part of an ongoing governmental effort 444
to restore, protect, or develop land areas or water resources. 445
(c) The project enhances or facilitates management of 446
properties already under public ownership. 447
(d) The project has significant a rchaeological or historic 448
value. 449
(e) The project has funding sources that are identified 450
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and assured through at least the first 2 years of the project. 451
(f) The project contributes to the solution of water 452
resource problems on a regional basis. 453
(g) The project has a significant portion of its land area 454
in imminent danger of development, in imminent danger of losing 455
its significant natural attributes or recreational open space, 456
or in imminent danger of subdivision which would result in 457
multiple ownership and make acquisition of the project costly or 458
less likely to be accomplished. 459
(h) The project implements an element from a plan 460
developed by an ecosystem management team. 461
(i) The project is one of the components of the Everglades 462
restoration effort. 463
(j) The project may be purchased at 80 percent of 464
appraised value. 465
(k) The project may be acquired, in whole or in part, 466
using alternatives to fee simple, including but not limited to, 467
tax incentives, mitigation funds, or other revenues; the 468
purchase of development rights, hunting rights, agricultural or 469
silvicultural rights, or mineral rights; or obtaining 470
conservation easements or flowage easements. 471
(l) The project is a joint acquisition, either among 472
public agencies, nonprofit organizations, or pri vate entities, 473
or by a public-private partnership. 474
(16) All proposals for projects pursuant to paragraph 475
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(3)(a) (3)(b) shall be implemented only if adopted by the 476
Acquisition and Restoration Council and approved by the board of 477
trustees. The council shal l consider and evaluate in writing the 478
merits and demerits of each project that is proposed for Florida 479
Forever funding. The council shall ensure that each proposed 480
project will meet a stated public purpose for the restoration, 481
conservation, or preservatio n of environmentally sensitive lands 482
and water areas or for providing outdoor recreational 483
opportunities. The council also shall determine whether the 484
project or addition conforms, where applicable, with the 485
comprehensive plan developed pursuant to s. 259. 04(1)(a), the 486
comprehensive multipurpose outdoor recreation plan developed 487
pursuant to s. 375.021, the state lands management plan adopted 488
pursuant to s. 253.03(7), the water resources work plans 489
developed pursuant to s. 373.199, and the provisions of this 490
section. 491
Section 3. Subsections (3) and (4) of section 375.041, 492
Florida Statutes, are amended to read: 493
375.041 Land Acquisition Trust Fund. — 494
(3) Funds distributed into the Land Acquisition Trust Fund 495
pursuant to s. 201.15 shall be applied: 496
(a) First, to pay debt service or to fund debt service 497
reserve funds, rebate obligations, or other amounts payable with 498
respect to Florida Forever bonds issued under s. 215.618; and 499
pay debt service, provide reserves, and pay rebate obligations 500
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and other amounts due with respect to Everglades restoration 501
bonds issued under s. 215.619; and 502
(b) Of the funds remaining after the payments required 503
under paragraph (a), but before funds may be appropriated, 504
pledged, or dedicated for other uses: 505
1. A minimum of the lesser of 25 percent or $200 million 506
shall be appropriated annually for Everglades projects that 507
implement the Comprehensive Everglades Restoration Plan as set 508
forth in s. 373.470, including the Central Everglades Planning 509
Project subject to Congress ional authorization; the Long -Term 510
Plan as defined in s. 373.4592(2); and the Northern Everglades 511
and Estuaries Protection Program as set forth in s. 373.4595. 512
From these funds, $32 million shall be distributed each fiscal 513
year through the 2023 -2024 fiscal year to the South Florida 514
Water Management District for the Long -Term Plan as defined in 515
s. 373.4592(2). After deducting the $32 million distributed 516
under this subparagraph, from the funds remaining, a minimum of 517
the lesser of 76.5 percent or $100 million shall be appropriated 518
each fiscal year through the 2025 -2026 fiscal year for the 519
planning, design, engineering, and construction of the 520
Comprehensive Everglades Restoration Plan as set forth in s. 521
373.470, including the Central Everglades Planning Project , the 522
Everglades Agricultural Area Storage Reservoir Project, the Lake 523
Okeechobee Watershed Project, the C -43 West Basin Storage 524
Reservoir Project, the Indian River Lagoon -South Project, the 525
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Western Everglades Restoration Project, and the Picayune Strand 526
Restoration Project. The Department of Environmental Protection 527
and the South Florida Water Management District shall give 528
preference to those Everglades restoration projects that reduce 529
harmful discharges of water from Lake Okeechobee to the St. 530
Lucie or Caloosahatchee estuaries in a timely manner. For the 531
purpose of performing the calculation provided in this 532
subparagraph, the amount of debt service paid pursuant to 533
paragraph (a) for bonds issued after July 1, 2016, for the 534
purposes set forth under this paragraph (b) shall be added to 535
the amount remaining after the payments required under paragraph 536
(a). The amount of the distribution calculated shall then be 537
reduced by an amount equal to the debt service paid pursuant to 538
paragraph (a) on bonds issued after July 1, 2016, for the 539
purposes set forth under this subparagraph. 540
2. A minimum of the lesser of 7.6 percent or $50 million 541
shall be appropriated annually for spring restoration, 542
protection, and management projects. For the purpose of 543
performing the calcu lation provided in this subparagraph, the 544
amount of debt service paid pursuant to paragraph (a) for bonds 545
issued after July 1, 2016, for the purposes set forth under this 546
paragraph (b) shall be added to the amount remaining after the 547
payments required unde r paragraph (a). The amount of the 548
distribution calculated shall then be reduced by an amount equal 549
to the debt service paid pursuant to paragraph (a) on bonds 550
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issued after July 1, 2016, for the purposes set forth under this 551
subparagraph. 552
3. The sum of $5 million shall be appropriated annually 553
each fiscal year through the 2025 -2026 fiscal year to the St. 554
Johns River Water Management District for projects dedicated to 555
the restoration of Lake Apopka. This distribution shall be 556
reduced by an amount equal to the debt service paid pursuant to 557
paragraph (a) on bonds issued after July 1, 2016, for the 558
purposes set forth in this subparagraph. 559
4. The sum of $64 million is appropriated and shall be 560
transferred to the Everglades Trust Fund for the 2018 -2019 561
fiscal year, and each fiscal year thereafter, for the EAA 562
reservoir project pursuant to s. 373.4598. Any funds remaining 563
in any fiscal year shall be made available only for Phase II of 564
the C-51 reservoir project or projects identified in 565
subparagraph 1. and must be used in accordance with laws 566
relating to such projects. Any funds made available for such 567
purposes in a fiscal year are in addition to the amount 568
appropriated under subparagraph 1. This distribution shall be 569
reduced by an amount equal to the debt servic e paid pursuant to 570
paragraph (a) on bonds issued after July 1, 2017, for the 571
purposes set forth in this subparagraph. 572
5. The sum of $50 million shall be appropriated annually 573
to the South Florida Water Management District for the Lake 574
Okeechobee Watershed Restoration Project in accordance with s. 575
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373.4599. This distribution must be reduced by an amount equal 576
to the debt service paid pursuant to paragraph (a) on bonds 577
issued after July 1, 2021, for the purposes set forth in this 578
subparagraph. 579
6. A minimum of the lesser of 40 percent or $350 million 580
shall be appropriated annually to the Florida Forever Trust Fund 581
Notwithstanding subparagraph 3., for the 2021 -2022 fiscal year, 582
funds shall be appropriated as provided in the General 583
Appropriations Act. This s ubparagraph expires July 1, 2022 . 584
(4) Any remaining moneys in the Land Acquisition Trust 585
Fund which are not distributed as provided in subsection (3) may 586
be appropriated from time to time for the purposes set forth in 587
s. 28, Art. X of the State Constitut ion, except that moneys 588
distributed from the Land Acquisition Trust Fund may not be used 589
for costs associated with any of the following budget entities: 590
(a) The Executive Direction and Support Services and the 591
Technology and Information Services within t he Department of 592
Environmental Protection. 593
(b) The Executive Direction and Support Services and the 594
Office of Agriculture Technology Services within the Department 595
of Agriculture and Consumer Services. 596
(c) The Office of Executive Direction and Administ rative 597
Support Services within the Fish and Wildlife Conservation 598
Commission. 599
(d) The Executive Direction and Support Services within 600
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the Department of State . 601
Section 4. Subsection (1) of section 20.3315, Florida 602
Statutes, is amended to read: 603
20.3315 Florida Forever Program Trust Fund of the Florida 604
Fish and Wildlife Conservation Commission. — 605
(1) There is created a Florida Forever Program Trust Fund 606
within the Florida Fish and Wildlife Conservation Commission to 607
carry out the duties of the commiss ion under the Florida Forever 608
Act as specified in s. 259.105(3)(f) s. 259.105(3)(g). The trust 609
fund shall receive funds pursuant to s. 259.105(3)(f) s. 610
259.105(3)(g). 611
Section 5. Subsections (4) and (5) of section 253.027, 612
Florida Statutes, are amended to read: 613
253.027 Emergency archaeological property acquisition. — 614
(4) EMERGENCY ARCHAEOLOGICAL ACQUISITION. —The sum of $2 615
million shall be reserved annually within the Florida Forever 616
Trust Fund for the purpose of emergency archaeological 617
acquisition. Any portion of that amount not spent or obligated 618
by the end of the third quarter of the fiscal year may be used 619
for approved acquisitions pursuant to s. 259.105(3)(a) s. 620
259.105(3)(b). 621
(5) ACCOUNT EXPENDITURES. — 622
(a) No Moneys may not shall be spent for the acquisition 623
of any property, including title works, appraisal fees, and 624
survey costs, unless: 625
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1. The property is an archaeological property of major 626
statewide significance. 627
2. The structures, artifacts, or relics, or their historic 628
significance, will be irretrievably lost if the state cannot 629
acquire the property. 630
3. The site is presently on an acquisition list for 631
Florida Forever lands or complies with the criteria for 632
inclusion on any such list, but has yet to be included on the 633
list. 634
4. No other source of immediate funding is available to 635
purchase or otherwise protect the property. 636
5. The site is not otherwise protected by local, state, or 637
federal laws. 638
6. The acquisition is not inconsistent with the state 639
comprehensive plan and the state land acquisition program. 640
(b) No Moneys may not shall be spent from the account for 641
excavation or restoration of the properties acquired. Funds may 642
be spent for preliminary surveys to determine if the sites meet 643
the criteria of this section. An amount no t to exceed $100,000 644
may also be spent from the account to inventory and evaluate 645
archaeological and historic resources on properties purchased, 646
or proposed for purchase, pursuant to s. 259.105(3)(a) s. 647
259.105(3)(b). 648
Section 6. Subsection (3) of section 253.034, Florida 649
Statutes, is amended to read: 650
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253.034 State-owned lands; uses.— 651
(3) Recognizing that recreational trails purchased with 652
rails-to-trails funds pursuant to former s. 259.101(3)(g), 653
Florida Statutes 2014, or s. 259.105(3)(g) s. 259.105(3)(h) have 654
had historic transportation uses and that their linear character 655
may extend many miles, the Legislature intends that if the 656
necessity arises to serve public needs, after balancing the need 657
to protect trail users from collisions with automo biles and a 658
preference for the use of overpasses and underpasses to the 659
greatest extent feasible and practical, transportation uses 660
shall be allowed to cross recreational trails purchased pursuant 661
to former s. 259.101(3)(g), Florida Statutes 2014, or s. 662
259.105(3)(g) s. 259.105(3)(h). When these crossings are needed, 663
the location and design should consider and mitigate the impact 664
on humans and environmental resources, and the value of the land 665
shall be paid based on fair market value. 666
Section 7. Subsections (3) and (6) of section 259.035, 667
Florida Statutes, are amended to read: 668
259.035 Acquisition and Restoration Council. — 669
(3) The council shall provide assistance to the board in 670
reviewing the recommendations and plans for state -owned 671
conservation lands required under s. 253.034 and this chapter. 672
The council shall, in reviewing such plans, consider the 673
optimization of multiple -use and conservation strategies to 674
accomplish the provisions funded pursuant to former s. 675
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259.101(3)(a), Florida Statutes 2014, and to s. 259.105(3)(a) s. 676
259.105(3)(b). 677
(6) The proposal for a project pursuant to this section or 678
s. 259.105(3)(a) s. 259.105(3)(b) may be implemented only if 679
adopted by the council and approved by the board of trustees. 680
The council shall consider and evaluate in writing the merits 681
and demerits of each project that is proposed for acquisition 682
using funds available pursuant to s. 28, Art. X of the State 683
Constitution or Florida Forever funding and shall ensure that 684
each proposed project meets the require ments of s. 28, Art. X of 685
the State Constitution. The council also shall determine whether 686
the project conforms, where applicable, with the comprehensive 687
plan developed pursuant to s. 259.04(1)(a), the comprehensive 688
multipurpose outdoor recreation plan dev eloped pursuant to s. 689
375.021, the state lands management plan adopted pursuant to s. 690
253.03(7), the water resources work plans developed pursuant to 691
s. 373.199, and the provisions of s. 259.032, s. 259.101, or s. 692
259.105, whichever is applicable. 693
Section 8. Subsection (7) of section 380.510, Florida 694
Statutes, is amended to read: 695
380.510 Conditions of grants and loans. — 696
(7) Any funds received by the trust pursuant to s. 697
259.105(3)(b) s. 259.105(3)(c) or s. 375.041 shall be held 698
separate and apart fr om any other funds held by the trust and 699
used for the land acquisition purposes of this part. 700
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(a) The administration and use of Florida Forever funds 701
are subject to such terms and conditions imposed thereon by the 702
agency of the state responsible for the bonds, the proceeds of 703
which are deposited into the Florida Forever Trust Fund, 704
including restrictions imposed to ensure that the interest on 705
any such bonds issued by the state as tax -exempt bonds is not 706
included in the gross income of the holders of such bonds for 707
federal income tax purposes. 708
(b) All deeds or leases with respect to any real property 709
acquired with funds received by the trust from the former 710
Preservation 2000 Trust Fund, the Florida Forever Trust Fund, or 711
the Land Acquisition Trust Fund mu st contain such covenants and 712
restrictions as are sufficient to ensure that the use of such 713
real property at all times complies with s. 375.051 and s. 9, 714
Art. XII of the State Constitution. Each deed or lease with 715
respect to any real property acquired with funds received by the 716
trust from the Florida Forever Trust Fund before July 1, 2015, 717
must contain covenants and restrictions sufficient to ensure 718
that the use of such real property at all times complies with s. 719
11(e), Art. VII of the State Constitution. E ach deed or lease 720
with respect to any real property acquired with funds received 721
by the trust from the Florida Forever Trust Fund after July 1, 722
2015, must contain covenants and restrictions sufficient to 723
ensure that the use of such real property at all tim es complies 724
with s. 28, Art. X of the State Constitution. Each deed or lease 725
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must contain a reversion, conveyance, or termination clause that 726
vests title in the Board of Trustees of the Internal Improvement 727
Trust Fund if any of the covenants or restriction s are violated 728
by the titleholder or leaseholder or by some third party with 729
the knowledge of the titleholder or leaseholder. 730
Section 9. Paragraph (d) of subsection (1) of section 731
570.715, Florida Statutes, is amended to read: 732
570.715 Conservation ea sement acquisition procedures. — 733
(1) For less than fee simple acquisitions pursuant to s. 734
570.71, the Department of Agriculture and Consumer Services 735
shall comply with the following acquisition procedures: 736
(d) On behalf of the board of trustees and befo re the 737
appraisal of parcels approved for purchase under ss. 738
259.105(3)(h) ss. 259.105(3)(i) and 570.71, the department may 739
enter into option contracts to buy less than fee simple interest 740
in such parcels. Any such option contract shall state that the 741
final purchase price is subject to approval by the board of 742
trustees and that the final purchase price may not exceed the 743
maximum offer authorized by law. Any such option contract 744
presented to the board of trustees for final purchase price 745
approval shall explic itly state that payment of the final 746
purchase price is subject to an appropriation by the 747
Legislature. The consideration for any such option contract may 748
not exceed $1,000 or 0.01 percent of the estimate by the 749
department of the value of the parcel, whiche ver amount is 750
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greater. 751
Section 10. Subsection (1) of section 589.065, Florida 752
Statutes, is amended to read: 753
589.065 Florida Forever Program Trust Fund of the 754
Department of Agriculture and Consumer Services. — 755
(1) There is created a Florida Forever P rogram Trust Fund 756
within the Department of Agriculture and Consumer Services to 757
carry out the duties of the department under the Florida Forever 758
Act as specified in s. 259.105(3)(e) s. 259.105(3)(f). The trust 759
fund shall receive funds pursuant to s. 259.105(3)(e) s. 760
259.105(3)(f). 761
Section 11. This act shall take effect July 1, 2022. 762