| 51 | | - | Agriculture and Consumer Services to submit an updated 26 |
|---|
| 52 | | - | priority list for the acquisition of certain 27 |
|---|
| 53 | | - | agricultural lands to the Acquisition and Restoration 28 |
|---|
| 54 | | - | Council by a specified date; providing construction; 29 |
|---|
| 55 | | - | conforming cross-references; deleting an obsolete 30 |
|---|
| 56 | | - | provision; requiring the council to give increased 31 |
|---|
| 57 | | - | priority to specified projects; amending s. 375.041, 32 |
|---|
| 58 | | - | F.S.; requiring an annual appropriation from the Land 33 |
|---|
| 59 | | - | Acquisition Trust Fund to the department for the 34 |
|---|
| 60 | | - | acquisition of specified lands; deleting an obsolete 35 |
|---|
| 61 | | - | provision; amending s. 570.71, F.S.; requiring the 36 |
|---|
| 62 | | - | Department of Agriculture and Consumer Services, in 37 |
|---|
| 63 | | - | consultation with the Department of Environmental 38 |
|---|
| 64 | | - | Protection, the water management districts, the 39 |
|---|
| 65 | | - | Department of Economic Opportunity, and the Florida 40 |
|---|
| 66 | | - | Fish and Wildlife Conservation Commission, to adopt 41 |
|---|
| 67 | | - | rules giving funding priority and preference to 42 |
|---|
| 68 | | - | specified lands; requiring the Department of 43 |
|---|
| 69 | | - | Agriculture and Consumer Services to submit certain 44 |
|---|
| 70 | | - | purchase agreements to the Board of Trustees of the 45 |
|---|
| 71 | | - | Internal Improvement Trust Fund for approval; amending 46 |
|---|
| 72 | | - | s. 570.715, F.S.; increasing the estimated value 47 |
|---|
| 73 | | - | threshold for the appraisal of specified conservation 48 |
|---|
| 74 | | - | easement acquisitions; requiring, rather than 49 |
|---|
| 75 | | - | authorizing, the Department of Agriculture and 50 |
|---|
| 51 | + | recreation lands; conforming provisions to changes 26 |
|---|
| 52 | + | made by the act; amending s. 259.105, F.S.; requiring 27 |
|---|
| 53 | + | the Department of Agriculture and Consumer Services to 28 |
|---|
| 54 | + | submit an updated priority list for the acquisition of 29 |
|---|
| 55 | + | certain agricultural lands to the Acquisition and 30 |
|---|
| 56 | + | Restoration Council by a specified date; deleting an 31 |
|---|
| 57 | + | obsolete provision; requiring the council to give 32 |
|---|
| 58 | + | increased priority to specified projects; amending s. 33 |
|---|
| 59 | + | 375.041, F.S.; requiring an annual appropriation from 34 |
|---|
| 60 | + | the Land Acquisition Trust Fund to the department for 35 |
|---|
| 61 | + | the acquisition of specified lands; deleting an 36 |
|---|
| 62 | + | obsolete provision; amending s. 570.71, F.S.; 37 |
|---|
| 63 | + | requiring the Department of Agriculture and Consumer 38 |
|---|
| 64 | + | Services, in consultation with the Department of 39 |
|---|
| 65 | + | Environmental Protection, the water management 40 |
|---|
| 66 | + | districts, the Department of Economic Opportunity, and 41 |
|---|
| 67 | + | the Florida Fish and Wildlife Conservation Commission, 42 |
|---|
| 68 | + | to adopt rules giving funding priority and preference 43 |
|---|
| 69 | + | to specified lands; amending s. 570.715, F.S.; 44 |
|---|
| 70 | + | requiring, rather than authorizing, the Department of 45 |
|---|
| 71 | + | Agriculture and Consumer Services to disclose 46 |
|---|
| 72 | + | appraisal reports to private landowners or their 47 |
|---|
| 73 | + | representatives during negotiations for certain land 48 |
|---|
| 74 | + | acquisitions; providing an effective date. 49 |
|---|
| 75 | + | 50 |
|---|
| 88 | | - | Consumer Services to disclose appraisal reports to 51 |
|---|
| 89 | | - | private landowners or their representatives during 52 |
|---|
| 90 | | - | negotiations for certain land acquisitions; providing 53 |
|---|
| 91 | | - | an effective date. 54 |
|---|
| 92 | | - | 55 |
|---|
| 93 | | - | Be It Enacted by the Legislature of the State of Florida: 56 |
|---|
| 94 | | - | 57 |
|---|
| 95 | | - | Section 1. Subsection (4) and paragraphs (b), (f), and (j) 58 |
|---|
| 96 | | - | of subsection (8) of section 253.025, Florida Statutes, are 59 |
|---|
| 97 | | - | amended to read: 60 |
|---|
| 98 | | - | 253.025 Acquisition of state lands. — 61 |
|---|
| 99 | | - | (4) An agreement to acquire real property for the purposes 62 |
|---|
| 100 | | - | described in this chapter, chapter 259, chapter 260, or chapter 63 |
|---|
| 101 | | - | 375, title to which will vest in t he board of trustees, may not 64 |
|---|
| 102 | | - | bind the state before the agreement is reviewed and approved by 65 |
|---|
| 103 | | - | the Department of Environmental Protection as complying with 66 |
|---|
| 104 | | - | this section and any rules adopted pursuant to this section. If 67 |
|---|
| 105 | | - | any of the following conditions exist , the agreement must shall 68 |
|---|
| 106 | | - | be submitted to and approved by the board of trustees: 69 |
|---|
| 107 | | - | (a) The purchase price agreed to by the seller exceeds the 70 |
|---|
| 108 | | - | value as established pursuant to the rules of the board of 71 |
|---|
| 109 | | - | trustees; 72 |
|---|
| 110 | | - | (b) The contract price agreed to by the se ller and the 73 |
|---|
| 111 | | - | acquiring agency exceeds $5 $1 million; 74 |
|---|
| 112 | | - | (c) The acquisition is the initial purchase in a Florida 75 |
|---|
| 88 | + | Be It Enacted by the Legislature of the State of Florida: 51 |
|---|
| 89 | + | 52 |
|---|
| 90 | + | Section 1. Subsection (4) and paragraphs (b), (f), and (j) 53 |
|---|
| 91 | + | of subsection (8) of section 253.025, Florida Statutes, are 54 |
|---|
| 92 | + | amended to read: 55 |
|---|
| 93 | + | 253.025 Acquisition of state lands. — 56 |
|---|
| 94 | + | (4) An agreement to acquire real property for the purposes 57 |
|---|
| 95 | + | described in this chapter, chapter 259, chapter 260, or chapter 58 |
|---|
| 96 | + | 375, title to which will vest in the board of trustees, may not 59 |
|---|
| 97 | + | bind the state before the agreement is reviewed and approved by 60 |
|---|
| 98 | + | the Department of Environmental Protection as complying with 61 |
|---|
| 99 | + | this section and any rules adopted pursuant to this section. If 62 |
|---|
| 100 | + | any of the following conditions exist, the agreement shall be 63 |
|---|
| 101 | + | submitted to and approved by the board of trustees: 64 |
|---|
| 102 | + | (a) The purchase price agreed to by the seller exceeds the 65 |
|---|
| 103 | + | value as established pursuant to the rules of the board of 66 |
|---|
| 104 | + | trustees; 67 |
|---|
| 105 | + | (b) The contract price agreed to by the seller and the 68 |
|---|
| 106 | + | acquiring agency exceeds $5 $1 million; 69 |
|---|
| 107 | + | (c) The acquisition is the initial purchase in a Florida 70 |
|---|
| 108 | + | Forever project; or 71 |
|---|
| 109 | + | (c)(d) Other conditions that the board of trustees may 72 |
|---|
| 110 | + | adopt by rule. Such conditions may incl ude, but are not limited 73 |
|---|
| 111 | + | to, Florida Forever projects when title to the property being 74 |
|---|
| 112 | + | acquired is considered nonmarketable or is encumbered in such a 75 |
|---|
| 125 | | - | Forever project; or 76 |
|---|
| 126 | | - | (c)(d) Other conditions that the board of trustees may 77 |
|---|
| 127 | | - | adopt by rule. Such conditions may include, but are not limited 78 |
|---|
| 128 | | - | to, Florida Forever projects when title to the property being 79 |
|---|
| 129 | | - | acquired is considered nonmarketable or is encumbered in such a 80 |
|---|
| 130 | | - | way as to significantly affect its management. 81 |
|---|
| 131 | | - | 82 |
|---|
| 132 | | - | If approval of the board of trustees is required pursuant to 83 |
|---|
| 133 | | - | this subsection, the acq uiring agency must provide a 84 |
|---|
| 134 | | - | justification as to why it is in the public's interest to 85 |
|---|
| 135 | | - | acquire the parcel or Florida Forever project. Approval of the 86 |
|---|
| 136 | | - | board of trustees is also required for Florida Forever projects 87 |
|---|
| 137 | | - | the department recommends acquiring pursua nt to subsections (11) 88 |
|---|
| 138 | | - | and (22). Review and approval of agreements for acquisitions for 89 |
|---|
| 139 | | - | Florida Greenways and Trails Program properties pursuant to 90 |
|---|
| 140 | | - | chapter 260 may be waived by the department in any contract with 91 |
|---|
| 141 | | - | nonprofit corporations that have agreed to assist the department 92 |
|---|
| 142 | | - | with this program. If the contribution of the acquiring agency 93 |
|---|
| 143 | | - | exceeds $100 million in any one fiscal year, the agreement shall 94 |
|---|
| 144 | | - | be submitted to and approved by the Legislative Budget 95 |
|---|
| 145 | | - | Commission. 96 |
|---|
| 146 | | - | (8) Before approval by the board of t rustees, or, when 97 |
|---|
| 147 | | - | applicable, the Department of Environmental Protection, of any 98 |
|---|
| 148 | | - | agreement to purchase land pursuant to this chapter, chapter 99 |
|---|
| 149 | | - | 259, chapter 260, or chapter 375, and before negotiations with 100 |
|---|
| 125 | + | way as to significantly affect its management. 76 |
|---|
| 126 | + | 77 |
|---|
| 127 | + | If approval of the board of trustees is required pursuant to 78 |
|---|
| 128 | + | this subsection, the acquiring agency must provide a 79 |
|---|
| 129 | + | justification as to why it is in the public's interest to 80 |
|---|
| 130 | + | acquire the parcel or Florida Forever project. Approval of the 81 |
|---|
| 131 | + | board of trustees is also required for Florida Forever projects 82 |
|---|
| 132 | + | the department recommends acquiring pursuant to subsections (11) 83 |
|---|
| 133 | + | and (22). Review and approval of agreements for acquisitions for 84 |
|---|
| 134 | + | Florida Greenways and Trails Program properties pursuant to 85 |
|---|
| 135 | + | chapter 260 may be waived by the department in any contract with 86 |
|---|
| 136 | + | nonprofit corporations that have agreed to assist the department 87 |
|---|
| 137 | + | with this program. If the contribution of the acquiring agency 88 |
|---|
| 138 | + | exceeds $100 million in any one fiscal year, the agreement shall 89 |
|---|
| 139 | + | be submitted to and approved by the Legislative Budget 90 |
|---|
| 140 | + | Commission. 91 |
|---|
| 141 | + | (8) Before approval by the board of trustees , or, when 92 |
|---|
| 142 | + | applicable, the Department of Environmental Protection, of any 93 |
|---|
| 143 | + | agreement to purchase land pursuant to this chapter, chapter 94 |
|---|
| 144 | + | 259, chapter 260, or chapter 375, and before negotiations with 95 |
|---|
| 145 | + | the parcel owner to pur chase any other land, title to which will 96 |
|---|
| 146 | + | vest in the board of trustees, an appraisal of the parcel shall 97 |
|---|
| 147 | + | be required as follows: 98 |
|---|
| 148 | + | (b) Each parcel to be acquired shall have at least one 99 |
|---|
| 149 | + | appraisal. Two appraisals are required when the estimated value 100 |
|---|
| 162 | | - | the parcel owner to purchase any other land, title to which will 101 |
|---|
| 163 | | - | vest in the board of trustees, an appraisal of the parcel shall 102 |
|---|
| 164 | | - | be required as follows: 103 |
|---|
| 165 | | - | (b) Each parcel to be acquired must shall have at least 104 |
|---|
| 166 | | - | one appraisal. Two appraisals are required when the estimated 105 |
|---|
| 167 | | - | value of the parcel exceeds $5 $1 million. However, if both 106 |
|---|
| 168 | | - | appraisals exceed $5 $1 million and differ significantly, a 107 |
|---|
| 169 | | - | third appraisal may be obtained. If a parcel is estimated to be 108 |
|---|
| 170 | | - | worth $100,000 or less and the director of the Division of State 109 |
|---|
| 171 | | - | Lands finds that the cost of an outside a ppraisal is not 110 |
|---|
| 172 | | - | justified, a comparable sales analysis, an appraisal prepared by 111 |
|---|
| 173 | | - | the division, or other reasonably prudent procedures may be used 112 |
|---|
| 174 | | - | by the division to estimate the value of the parcel, provided 113 |
|---|
| 175 | | - | the public's interest is reasonably protected. T he state is not 114 |
|---|
| 176 | | - | required to appraise the value of lands and appurtenances that 115 |
|---|
| 177 | | - | are being donated to the state. 116 |
|---|
| 178 | | - | (f) Appraisal reports are confidential and exempt from s. 117 |
|---|
| 179 | | - | 119.07(1), for use by the agency and the board of trustees, 118 |
|---|
| 180 | | - | until an option contract is executed or, if no option contract 119 |
|---|
| 181 | | - | is executed, until 2 weeks before a contract or agreement for 120 |
|---|
| 182 | | - | purchase is considered for approval by the board of trustees. 121 |
|---|
| 183 | | - | However, the Department of Environmental Protection shall may 122 |
|---|
| 184 | | - | disclose appraisal reports to pr ivate landowners or their 123 |
|---|
| 185 | | - | representatives during negotiations for acquisitions using 124 |
|---|
| 186 | | - | alternatives to fee simple techniques, if the department 125 |
|---|
| 162 | + | of the parcel exceeds $5 $1 million. However, if both appraisals 101 |
|---|
| 163 | + | exceed $5 $1 million and differ significantly, a third appraisal 102 |
|---|
| 164 | + | may be obtained. If a parcel is estimated to be worth $100,000 103 |
|---|
| 165 | + | or less and the director of the Division of State Lands finds 104 |
|---|
| 166 | + | that the cost of an outside appraisal is not justified, a 105 |
|---|
| 167 | + | comparable sales analysis, an appraisal prepared by the 106 |
|---|
| 168 | + | division, or other reasonably prudent procedures may be used by 107 |
|---|
| 169 | + | the division to estimate the value of the parcel, provided the 108 |
|---|
| 170 | + | public's interest is reasonably protected. The state is not 109 |
|---|
| 171 | + | required to appraise the value of lands and appurtenances that 110 |
|---|
| 172 | + | are being donated to the state. 111 |
|---|
| 173 | + | (f) Appraisal reports are confidential and exempt from s. 112 |
|---|
| 174 | + | 119.07(1), for use by the agency and the board of trustees, 113 |
|---|
| 175 | + | until an option contract is executed or, if no option contract 114 |
|---|
| 176 | + | is executed, until 2 weeks before a contract or agreement for 115 |
|---|
| 177 | + | purchase is considered for approval by the board of trustees. 116 |
|---|
| 178 | + | However, the Department of Environmental Protection shall may 117 |
|---|
| 179 | + | disclose appraisal reports to private landowners or their 118 |
|---|
| 180 | + | representatives during negotiations for acquisitions using 119 |
|---|
| 181 | + | alternatives to fee simple techniques, if the department 120 |
|---|
| 182 | + | determines that disclosure of such reports will bring the 121 |
|---|
| 183 | + | proposed acquisition to closure. However, the private landowner 122 |
|---|
| 184 | + | must agree to maintain the confidentiality of the reports or 123 |
|---|
| 185 | + | information. The department may also disclose appraisal 124 |
|---|
| 186 | + | information to public agencies or nonprofit organizations that 125 |
|---|
| 199 | | - | determines that disclosure of such reports will bring the 126 |
|---|
| 200 | | - | proposed acquisition to closure. However, the private la ndowner 127 |
|---|
| 201 | | - | must agree to maintain the confidentiality of the reports or 128 |
|---|
| 202 | | - | information. The department may also disclose appraisal 129 |
|---|
| 203 | | - | information to public agencies or nonprofit organizations that 130 |
|---|
| 204 | | - | agree to maintain the confidentiality of the reports or 131 |
|---|
| 205 | | - | information when joint acquisition of property is contemplated, 132 |
|---|
| 206 | | - | or when a public agency or nonprofit organization enters into a 133 |
|---|
| 207 | | - | written agreement with the department to purchase and hold 134 |
|---|
| 208 | | - | property for subsequent resale to the board of trustees. In 135 |
|---|
| 209 | | - | addition, the departm ent may use, as its own, appraisals 136 |
|---|
| 210 | | - | obtained by a public agency or nonprofit organization, if the 137 |
|---|
| 211 | | - | appraiser is selected from the department's list of appraisers 138 |
|---|
| 212 | | - | and the appraisal is reviewed and approved by the department. 139 |
|---|
| 213 | | - | For purposes of this paragraph, t he term "nonprofit 140 |
|---|
| 214 | | - | organization" means an organization that is exempt from federal 141 |
|---|
| 215 | | - | income tax under s. 501(c)(3) of the Internal Revenue Code and, 142 |
|---|
| 216 | | - | for purposes of the acquisition of conservation lands, an 143 |
|---|
| 217 | | - | organization whose purpose must include the preserv ation of 144 |
|---|
| 218 | | - | natural resources. The agency may release an appraisal report 145 |
|---|
| 219 | | - | when the passage of time has rendered the conclusions of value 146 |
|---|
| 220 | | - | in the report invalid or when the acquiring agency has 147 |
|---|
| 221 | | - | terminated negotiations. 148 |
|---|
| 222 | | - | (j)1. The board of trustees shall adopt by rule the method 149 |
|---|
| 223 | | - | for determining the value of parcels sought to be acquired by 150 |
|---|
| 199 | + | agree to maintain the confidentiality of the reports or 126 |
|---|
| 200 | + | information when joint acquisition of property is contemplated, 127 |
|---|
| 201 | + | or when a public agency or nonprofit organization enters into a 128 |
|---|
| 202 | + | written agreement with the department to purchase and hold 129 |
|---|
| 203 | + | property for subsequent resale to the board of trustees. I n 130 |
|---|
| 204 | + | addition, the department may use, as its own, appraisals 131 |
|---|
| 205 | + | obtained by a public agency or nonprofit organization, if the 132 |
|---|
| 206 | + | appraiser is selected from the department's list of appraisers 133 |
|---|
| 207 | + | and the appraisal is reviewed and approved by the department. 134 |
|---|
| 208 | + | For purposes of this paragraph, the term "nonprofit 135 |
|---|
| 209 | + | organization" means an organization that is exempt from federal 136 |
|---|
| 210 | + | income tax under s. 501(c)(3) of the Internal Revenue Code and, 137 |
|---|
| 211 | + | for purposes of the acquisition of conservation lands, an 138 |
|---|
| 212 | + | organization whose purpose m ust include the preservation of 139 |
|---|
| 213 | + | natural resources. The agency may release an appraisal report 140 |
|---|
| 214 | + | when the passage of time has rendered the conclusions of value 141 |
|---|
| 215 | + | in the report invalid or when the acquiring agency has 142 |
|---|
| 216 | + | terminated negotiations. 143 |
|---|
| 217 | + | (j)1. The board of trustees shall adopt by rule the method 144 |
|---|
| 218 | + | for determining the value of parcels sought to be acquired by 145 |
|---|
| 219 | + | state agencies pursuant to this section. An offer by a state 146 |
|---|
| 220 | + | agency may not exceed the value for that parcel as determined 147 |
|---|
| 221 | + | pursuant to the highest appr oved appraisal or the value 148 |
|---|
| 222 | + | determined pursuant to the rules of the board of trustees, 149 |
|---|
| 223 | + | whichever value is less. 150 |
|---|
| 236 | | - | state agencies pursuant to this section. An offer by a state 151 |
|---|
| 237 | | - | agency may not exceed the value for that parcel as determined 152 |
|---|
| 238 | | - | pursuant to the highest approved appraisal or the va lue 153 |
|---|
| 239 | | - | determined pursuant to the rules of the board of trustees, 154 |
|---|
| 240 | | - | whichever value is less. 155 |
|---|
| 241 | | - | 2. The board of trustees or, when applicable, the 156 |
|---|
| 242 | | - | Department of Environmental Protection, may acquire parcels 157 |
|---|
| 243 | | - | pursuant to this chapter and chapter 259 for the full value of 158 |
|---|
| 244 | | - | that parcel as determined pursuant to the highest approved 159 |
|---|
| 245 | | - | appraisal. 160 |
|---|
| 246 | | - | 3.2. For a joint acquisition by a state agency and a local 161 |
|---|
| 247 | | - | government or other entity apart from the state, the joint 162 |
|---|
| 248 | | - | purchase price may not exceed 150 percent of the value fo r a 163 |
|---|
| 249 | | - | parcel as determined in accordance with the limits in 164 |
|---|
| 250 | | - | subparagraph 1. The state agency share of a joint purchase offer 165 |
|---|
| 251 | | - | may not exceed what the agency may offer singly pursuant to 166 |
|---|
| 252 | | - | subparagraph 1. 167 |
|---|
| 253 | | - | 4.3. This paragraph does not apply to the acquisition o f 168 |
|---|
| 254 | | - | historically unique or significant property as determined by the 169 |
|---|
| 255 | | - | Division of Historical Resources of the Department of State. 170 |
|---|
| 256 | | - | 171 |
|---|
| 257 | | - | Notwithstanding this subsection, on behalf of the board of 172 |
|---|
| 258 | | - | trustees and before the appraisal of parcels approved for 173 |
|---|
| 259 | | - | purchase under this chapter or chapter 259, the Secretary of 174 |
|---|
| 260 | | - | Environmental Protection or the director of the Division of 175 |
|---|
| 236 | + | 2. The board of trustees or, when applicable, the 151 |
|---|
| 237 | + | Department of Environmental Protection, may acquire parcels 152 |
|---|
| 238 | + | pursuant to this chapter and cha pter 259 for the full value of 153 |
|---|
| 239 | + | that parcel as determined pursuant to the highest approved 154 |
|---|
| 240 | + | appraisal. 155 |
|---|
| 241 | + | 3.2. For a joint acquisition by a state agency and a local 156 |
|---|
| 242 | + | government or other entity apart from the state, the joint 157 |
|---|
| 243 | + | purchase price may not exceed 150 p ercent of the value for a 158 |
|---|
| 244 | + | parcel as determined in accordance with the limits in 159 |
|---|
| 245 | + | subparagraph 1. The state agency share of a joint purchase offer 160 |
|---|
| 246 | + | may not exceed what the agency may offer singly pursuant to 161 |
|---|
| 247 | + | subparagraph 1. 162 |
|---|
| 248 | + | 4.3. This paragraph does not appl y to the acquisition of 163 |
|---|
| 249 | + | historically unique or significant property as determined by the 164 |
|---|
| 250 | + | Division of Historical Resources of the Department of State. 165 |
|---|
| 251 | + | 166 |
|---|
| 252 | + | Notwithstanding this subsection, on behalf of the board of 167 |
|---|
| 253 | + | trustees and before the appraisal of parcels a pproved for 168 |
|---|
| 254 | + | purchase under this chapter or chapter 259, the Secretary of 169 |
|---|
| 255 | + | Environmental Protection or the director of the Division of 170 |
|---|
| 256 | + | State Lands may enter into option contracts to buy such parcels. 171 |
|---|
| 257 | + | Any such option contract shall state that the final purcha se 172 |
|---|
| 258 | + | price is subject to approval by the board of trustees or, if 173 |
|---|
| 259 | + | applicable, the Secretary of Environmental Protection, and that 174 |
|---|
| 260 | + | the final purchase price may not exceed the maximum offer 175 |
|---|
| 273 | | - | State Lands may enter into option contracts to buy such parcels. 176 |
|---|
| 274 | | - | Any such option contract shall state that the final purchase 177 |
|---|
| 275 | | - | price is subject to approval by the board of trustees or, if 178 |
|---|
| 276 | | - | applicable, the Secretary of Environmental Protection, and that 179 |
|---|
| 277 | | - | the final purchase price may not exceed the maximum offer 180 |
|---|
| 278 | | - | allowed by law. Any such option contract presented to the board 181 |
|---|
| 279 | | - | of trustees for final purcha se price approval shall explicitly 182 |
|---|
| 280 | | - | state that payment of the final purchase price is subject to an 183 |
|---|
| 281 | | - | appropriation from the Legislature. The consideration for such 184 |
|---|
| 282 | | - | an option may not exceed $1,000 or 0.01 percent of the estimate 185 |
|---|
| 283 | | - | by the department of the value of the parcel, whichever amount 186 |
|---|
| 284 | | - | is greater. 187 |
|---|
| 285 | | - | Section 2. Subsections (2) and (7), paragraph (b) of 188 |
|---|
| 286 | | - | subsection (8), and paragraph (d) of subsection (9) of section 189 |
|---|
| 287 | | - | 259.032, Florida Statutes, are amended to read: 190 |
|---|
| 288 | | - | 259.032 Conservation and recreation lands .— 191 |
|---|
| 289 | | - | (2) The Governor and Cabinet, sitting as the Board of 192 |
|---|
| 290 | | - | Trustees of the Internal Improvement Trust Fund, may expend 193 |
|---|
| 291 | | - | moneys appropriated by the Legislature to acquire the fee or any 194 |
|---|
| 292 | | - | lesser interest in lands for any of the following public 195 |
|---|
| 293 | | - | purposes: 196 |
|---|
| 294 | | - | (a) To conserve and protect environmentally unique and 197 |
|---|
| 295 | | - | irreplaceable lands that contain native, relatively unaltered 198 |
|---|
| 296 | | - | flora and fauna representing a natural area unique to, or scarce 199 |
|---|
| 297 | | - | within, a region of this state or a larger geographic area; 200 |
|---|
| 273 | + | allowed by law. Any such option contract presented to the board 176 |
|---|
| 274 | + | of trustees for final purchase price approval shall explicitly 177 |
|---|
| 275 | + | state that payment of the final purchase price is subject to an 178 |
|---|
| 276 | + | appropriation from the Legislature. The consideration for such 179 |
|---|
| 277 | + | an option may not exceed $1,000 or 0.01 percent of the estimate 180 |
|---|
| 278 | + | by the department of the value of the parcel, whichever amount 181 |
|---|
| 279 | + | is greater. 182 |
|---|
| 280 | + | Section 2. Subsection (4) of section 253.0341, Florida 183 |
|---|
| 281 | + | Statutes, is amended to read: 184 |
|---|
| 282 | + | 253.0341 Surplus of state -owned lands.— 185 |
|---|
| 283 | + | (4) At least every 5 10 years, as a component of each la nd 186 |
|---|
| 284 | + | management plan or land use plan and in a form and manner 187 |
|---|
| 285 | + | adopted by rule of the board of trustees, each manager shall 188 |
|---|
| 286 | + | evaluate and indicate to the board of trustees those lands that 189 |
|---|
| 287 | + | are not being used for the purpose for which they were 190 |
|---|
| 288 | + | originally leased. For conservation lands, the Acquisition and 191 |
|---|
| 289 | + | Restoration Council shall review and recommend to the board of 192 |
|---|
| 290 | + | trustees whether such lands should be retained in public 193 |
|---|
| 291 | + | ownership or disposed of by the board of trustees. For 194 |
|---|
| 292 | + | nonconservation lands, the Divisi on of State Lands shall review 195 |
|---|
| 293 | + | and recommend to the board of trustees whether such lands should 196 |
|---|
| 294 | + | be retained in public ownership or disposed of by the board of 197 |
|---|
| 295 | + | trustees. 198 |
|---|
| 296 | + | Section 3. Paragraph (d) of subsection (7) of section 199 |
|---|
| 297 | + | 259.032, Florida Statutes, is amended, and paragraph (k) is 200 |
|---|
| 310 | | - | (b) To conserve and protect lands within designated areas 201 |
|---|
| 311 | | - | of critical state concern, if the proposed acquisition relates 202 |
|---|
| 312 | | - | to the natural resource protection purposes of the designation; 203 |
|---|
| 313 | | - | (c) To conserve and protect native species habitat or 204 |
|---|
| 314 | | - | endangered or threatened speci es, emphasizing long -term 205 |
|---|
| 315 | | - | protection for endangered or threatened species designated G -1 206 |
|---|
| 316 | | - | or G-2 by the Florida Natural Areas Inventory, and especially 207 |
|---|
| 317 | | - | those areas that are special locations for breeding and 208 |
|---|
| 318 | | - | reproduction; 209 |
|---|
| 319 | | - | (d) To conserve, protect, manage, or restore important 210 |
|---|
| 320 | | - | ecosystems, landscapes, and forests, if the protection and 211 |
|---|
| 321 | | - | conservation of such lands is necessary to enhance or protect 212 |
|---|
| 322 | | - | significant surface water, groundwater, coastal, recreational, 213 |
|---|
| 323 | | - | timber, or fish or wildlife resources which cannot otherwise be 214 |
|---|
| 324 | | - | accomplished through local and state regulatory programs; 215 |
|---|
| 325 | | - | (e) To promote water resource development that benefits 216 |
|---|
| 326 | | - | natural systems and citizens of the state; 217 |
|---|
| 327 | | - | (f) To facilitate the restoration and subsequent health 218 |
|---|
| 328 | | - | and vitality of the Flori da Everglades; 219 |
|---|
| 329 | | - | (g) To provide areas, including recreational trails, for 220 |
|---|
| 330 | | - | natural resource-based recreation and other outdoor recreation 221 |
|---|
| 331 | | - | on any part of any site compatible with conservation purposes; 222 |
|---|
| 332 | | - | (h) To preserve significant archaeological or historic 223 |
|---|
| 333 | | - | sites; 224 |
|---|
| 310 | + | added to subsection (2) of that section, to read: 201 |
|---|
| 311 | + | 259.032 Conservation and recreation lands. — 202 |
|---|
| 312 | + | (2) The Governor and Cabinet, sitting as the Board of 203 |
|---|
| 313 | + | Trustees of the Internal Improvement Trust Fund, may expend 204 |
|---|
| 314 | + | moneys appropriated by the Legislature to acquire the fee or any 205 |
|---|
| 315 | + | lesser interest in lands for the following public purposes: 206 |
|---|
| 316 | + | (k) To complete critical linkages through fee or less than 207 |
|---|
| 317 | + | fee acquisition that will help preserve and protect the green 208 |
|---|
| 318 | + | infrastructure and vi tal habitat for wide -ranging wildlife, such 209 |
|---|
| 319 | + | as the Florida panther, within the Florida wildlife corridor as 210 |
|---|
| 320 | + | defined in s. 259.1055(4). 211 |
|---|
| 321 | + | (7) All lands managed under this chapter and s. 253.034 212 |
|---|
| 322 | + | shall be: 213 |
|---|
| 323 | + | (d) Concurrent with the approval of the acquisition 214 |
|---|
| 324 | + | contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 215 |
|---|
| 325 | + | interest in lands except those lands acquired pursuant to s. 216 |
|---|
| 326 | + | 259.1052, the board shall designate an agency or agencies to 217 |
|---|
| 327 | + | manage such lands. The board shall evaluate and amend, as 218 |
|---|
| 328 | + | appropriate, the management policy statement for the project as 219 |
|---|
| 329 | + | provided by s. 259.035 to ensure that the policy statement is 220 |
|---|
| 330 | + | compatible with conservation, recreation, or both. For any fee 221 |
|---|
| 331 | + | simple acquisition of a parcel which is or will be leased back 222 |
|---|
| 332 | + | for agricultural purposes, or any acquisition of a less than fee 223 |
|---|
| 333 | + | interest in land that is or will be used for agricultural 224 |
|---|
| 334 | + | purposes, the board shall first consider having a soil and water 225 |
|---|
| 346 | | - | (i) To conserve urban open spaces suitable for greenways 225 |
|---|
| 347 | | - | or outdoor recreation which are compatible with conservation 226 |
|---|
| 348 | | - | purposes; or 227 |
|---|
| 349 | | - | (j) To preserve agricultural lands under threat of 228 |
|---|
| 350 | | - | conversion to development through less -than-fee acquisitions; or 229 |
|---|
| 351 | | - | (k) To complete critical linkages through fee or less than 230 |
|---|
| 352 | | - | fee acquisition that will help preserve and protect the green 231 |
|---|
| 353 | | - | and blue infrastructure and vital habitat for wide -ranging 232 |
|---|
| 354 | | - | wildlife, such as the Florida panther, within the Florida 233 |
|---|
| 355 | | - | wildlife corridor as defined in s. 259.1055(4) . 234 |
|---|
| 356 | | - | (7)(a) All lands managed under this chapter and s. 253.034 235 |
|---|
| 357 | | - | must shall be: 236 |
|---|
| 358 | | - | 1.(a) Managed in a manner that will provide the greatest 237 |
|---|
| 359 | | - | combination of benefits to the public and to the resources. 238 |
|---|
| 360 | | - | 2.(b) Managed for public outdoor recreation which is 239 |
|---|
| 361 | | - | compatible with the conservation and protection of public lands. 240 |
|---|
| 362 | | - | Such management may include, but not be limited to, the 241 |
|---|
| 363 | | - | following public recreational uses: fishing, hunting, camping, 242 |
|---|
| 364 | | - | bicycling, hiking, nature study, swimmi ng, boating, canoeing, 243 |
|---|
| 365 | | - | horseback riding, diving, model hobbyist activities, birding, 244 |
|---|
| 366 | | - | sailing, jogging, and other related outdoor activities. 245 |
|---|
| 367 | | - | (b)(c) Concurrent with its adoption of the annual list of 246 |
|---|
| 368 | | - | acquisition projects pursuant to s. 259.035, the board shall 247 |
|---|
| 369 | | - | adopt a management prospectus for each project. The management 248 |
|---|
| 370 | | - | prospectus shall delineate: 249 |
|---|
| 347 | + | conservation district, created pursuant to chapter 582, manage 226 |
|---|
| 348 | + | and monitor such interes ts. 227 |
|---|
| 349 | + | Section 4. Paragraphs (i) and (m) of subsection (3) of 228 |
|---|
| 350 | + | section 259.105, Florida Statutes, are amended, and paragraphs 229 |
|---|
| 351 | + | (g) and (h) are added to subsection (10) of that section, to 230 |
|---|
| 352 | + | read: 231 |
|---|
| 353 | + | 259.105 The Florida Forever Act. — 232 |
|---|
| 354 | + | (3) Less the costs of iss uing and the costs of funding 233 |
|---|
| 355 | + | reserve accounts and other costs associated with bonds, the 234 |
|---|
| 356 | + | proceeds of cash payments or bonds issued pursuant to this 235 |
|---|
| 357 | + | section shall be deposited into the Florida Forever Trust Fund 236 |
|---|
| 358 | + | created by s. 259.1051. The proceeds shall b e distributed by the 237 |
|---|
| 359 | + | Department of Environmental Protection in the following manner: 238 |
|---|
| 360 | + | (i) Three and five-tenths percent to the Department of 239 |
|---|
| 361 | + | Agriculture and Consumer Services for the acquisition of 240 |
|---|
| 362 | + | agricultural lands, through perpetual conservation easeme nts and 241 |
|---|
| 363 | + | other perpetual less than fee techniques, which will achieve the 242 |
|---|
| 364 | + | objectives of Florida Forever and s. 570.71. Rules concerning 243 |
|---|
| 365 | + | the application, acquisition, and priority ranking process for 244 |
|---|
| 366 | + | such easements shall be developed pursuant to s. 570.71(10 ) and 245 |
|---|
| 367 | + | as provided by this paragraph. The board shall ensure that such 246 |
|---|
| 368 | + | rules are consistent with the acquisition process provided for 247 |
|---|
| 369 | + | in s. 570.715. The rules developed pursuant to s. 570.71(10), 248 |
|---|
| 370 | + | shall also provide for the following: 249 |
|---|
| 371 | + | 1. An annual priority list shall be developed pursuant to 250 |
|---|
| 383 | | - | 1. The management goals for the property; 250 |
|---|
| 384 | | - | 2. The conditions that will affect the intensity of 251 |
|---|
| 385 | | - | management; 252 |
|---|
| 386 | | - | 3. An estimate of the revenue -generating potential of the 253 |
|---|
| 387 | | - | property, if appropriate; 254 |
|---|
| 388 | | - | 4. A timetable for implementing the various stages of 255 |
|---|
| 389 | | - | management and for providing access to the public, if 256 |
|---|
| 390 | | - | applicable; 257 |
|---|
| 391 | | - | 5. A description of potential multiple -use activities as 258 |
|---|
| 392 | | - | described in this section and s. 253.0 34; 259 |
|---|
| 393 | | - | 6. Provisions for protecting existing infrastructure and 260 |
|---|
| 394 | | - | for ensuring the security of the project upon acquisition; 261 |
|---|
| 395 | | - | 7. The anticipated costs of management and projected 262 |
|---|
| 396 | | - | sources of revenue, including legislative appropriations, to 263 |
|---|
| 397 | | - | fund management needs; and 264 |
|---|
| 398 | | - | 8. Recommendations as to how many employees will be needed 265 |
|---|
| 399 | | - | to manage the property, and recommendations as to whether local 266 |
|---|
| 400 | | - | governments, volunteer groups, the former landowner, or other 267 |
|---|
| 401 | | - | interested parties can be involved in the management. 268 |
|---|
| 402 | | - | (c)(d) Concurrent with the approval of the acquisition 269 |
|---|
| 403 | | - | contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 270 |
|---|
| 404 | | - | interest in lands except those lands acquired pursuant to s. 271 |
|---|
| 405 | | - | 259.1052, the board shall designate an agency or agencies to 272 |
|---|
| 406 | | - | manage such lands. Th e board shall evaluate and amend, as 273 |
|---|
| 407 | | - | appropriate, the management policy statement for the project as 274 |
|---|
| 384 | + | s. 570.71(10), submitted to the council for review, and approved 251 |
|---|
| 385 | + | by the board pursuant to s. 259.04. By December 1, 2023, the 252 |
|---|
| 386 | + | Department of Agriculture and Consumer Services shall submit an 253 |
|---|
| 387 | + | updated priority list to the council. 254 |
|---|
| 388 | + | 2. Terms of easements and acquisitions proposed pursuant 255 |
|---|
| 389 | + | to this paragraph shall be approved by the board and may not be 256 |
|---|
| 390 | + | delegated by the board to any other entity receiving funds under 257 |
|---|
| 391 | + | this section. 258 |
|---|
| 392 | + | 3. All acquisitions pursuant to this paragr aph shall 259 |
|---|
| 393 | + | contain a clear statement that they are subject to legislative 260 |
|---|
| 394 | + | appropriation. 261 |
|---|
| 395 | + | 262 |
|---|
| 396 | + | Funds provided under this paragraph may not be expended until 263 |
|---|
| 397 | + | final adoption of rules by the board pursuant to s. 570.71. 264 |
|---|
| 398 | + | (m) Notwithstanding paragraphs (a) -(j) and for the 2021-265 |
|---|
| 399 | + | 2022 fiscal year, the amount of $1,998,100 to only the 266 |
|---|
| 400 | + | Department of Environmental Protection for grants pursuant to s. 267 |
|---|
| 401 | + | 375.075. This paragraph expires July 1, 202 2. 268 |
|---|
| 402 | + | (10) The council shall give increased priority to: 269 |
|---|
| 403 | + | (g) Projects in imminent danger of development, loss of 270 |
|---|
| 404 | + | significant natural attributes or recreational open space, or 271 |
|---|
| 405 | + | subdivision, which would result in multiple ownership and make 272 |
|---|
| 406 | + | acquisition of the project costly or less likely to be 273 |
|---|
| 407 | + | accomplished. 274 |
|---|
| 408 | + | (h) Projects located within the Florida wildlife corridor 275 |
|---|
| 420 | | - | provided by s. 259.035 to ensure that the policy statement is 275 |
|---|
| 421 | | - | compatible with conservation, recreation, or both. For any fee 276 |
|---|
| 422 | | - | simple acquisition of a parcel which is or will be leased back 277 |
|---|
| 423 | | - | for agricultural purposes, or any acquisition of a less than fee 278 |
|---|
| 424 | | - | interest in land that is or will be used for agricultural 279 |
|---|
| 425 | | - | purposes, the board shall first consider having a soil and water 280 |
|---|
| 426 | | - | conservation district, created purs uant to chapter 582, manage 281 |
|---|
| 427 | | - | and monitor such interests. 282 |
|---|
| 428 | | - | (d)(e) State agencies designated to manage lands acquired 283 |
|---|
| 429 | | - | under this chapter or with funds deposited into the Land 284 |
|---|
| 430 | | - | Acquisition Trust Fund, except those lands acquired under s. 285 |
|---|
| 431 | | - | 259.1052, may contract with local governments and soil and water 286 |
|---|
| 432 | | - | conservation districts to assist in management activities, 287 |
|---|
| 433 | | - | including the responsibility of being the lead land manager. 288 |
|---|
| 434 | | - | Such land management contracts may include a provision for the 289 |
|---|
| 435 | | - | transfer of management funding to the local government or soil 290 |
|---|
| 436 | | - | and water conservation district from the land acquisition trust 291 |
|---|
| 437 | | - | fund of the lead land managing agency in an amount adequate for 292 |
|---|
| 438 | | - | the local government or soil and water conservation district to 293 |
|---|
| 439 | | - | perform its contractual land ma nagement responsibilities and 294 |
|---|
| 440 | | - | proportionate to its responsibilities, and which otherwise would 295 |
|---|
| 441 | | - | have been expended by the state agency to manage the property. 296 |
|---|
| 442 | | - | (e)(f) Immediately following the acquisition of any 297 |
|---|
| 443 | | - | interest in conservation and recreation land s, the department, 298 |
|---|
| 444 | | - | acting on behalf of the board, may issue to the lead managing 299 |
|---|
| 421 | + | as defined in s. 259.1055(4). 276 |
|---|
| 422 | + | Section 5. Paragraph (b) of subsection (3) of section 277 |
|---|
| 423 | + | 375.041, Florida Statutes, is amended to read: 278 |
|---|
| 424 | + | 375.041 Land Acquisition Trust Fund. — 279 |
|---|
| 425 | + | (3) Funds distributed into the Land Acquisition Trust Fund 280 |
|---|
| 426 | + | pursuant to s. 201.15 shall be applied: 281 |
|---|
| 427 | + | (b) Of the funds remaining after the payments required 282 |
|---|
| 428 | + | under paragraph (a), but before funds may be appropriated, 283 |
|---|
| 429 | + | pledged, or dedicated for other uses: 284 |
|---|
| 430 | + | 1. A minimum of the lesser of 25 perc ent or $200 million 285 |
|---|
| 431 | + | shall be appropriated annually for Everglades projects that 286 |
|---|
| 432 | + | implement the Comprehensive Everglades Restoration Plan as set 287 |
|---|
| 433 | + | forth in s. 373.470, including the Central Everglades Planning 288 |
|---|
| 434 | + | Project subject to congressional authorization; th e Long-Term 289 |
|---|
| 435 | + | Plan as defined in s. 373.4592(2); and the Northern Everglades 290 |
|---|
| 436 | + | and Estuaries Protection Program as set forth in s. 373.4595. 291 |
|---|
| 437 | + | From these funds, $32 million shall be distributed each fiscal 292 |
|---|
| 438 | + | year through the 2023 -2024 fiscal year to the South Flor ida 293 |
|---|
| 439 | + | Water Management District for the Long -Term Plan as defined in 294 |
|---|
| 440 | + | s. 373.4592(2). After deducting the $32 million distributed 295 |
|---|
| 441 | + | under this subparagraph, from the funds remaining, a minimum of 296 |
|---|
| 442 | + | the lesser of 76.5 percent or $100 million shall be appropriated 297 |
|---|
| 443 | + | each fiscal year through the 2025 -2026 fiscal year for the 298 |
|---|
| 444 | + | planning, design, engineering, and construction of the 299 |
|---|
| 445 | + | Comprehensive Everglades Restoration Plan as set forth in s. 300 |
|---|
| 457 | | - | entity an interim assignment letter to be effective until the 300 |
|---|
| 458 | | - | execution of a formal lease. 301 |
|---|
| 459 | | - | (8) 302 |
|---|
| 460 | | - | (b) Individual management plans required by s. 253.034(5), 303 |
|---|
| 461 | | - | for parcels over 160 acres, shall be developed with input from 304 |
|---|
| 462 | | - | an advisory group. Members of this advisory group shall include, 305 |
|---|
| 463 | | - | at a minimum, representatives of the lead land managing agency, 306 |
|---|
| 464 | | - | comanaging entities, local private property owners, the 307 |
|---|
| 465 | | - | appropriate soil and water conservation district, a local 308 |
|---|
| 466 | | - | conservation organization, and a local elected official. If 309 |
|---|
| 467 | | - | habitat or potentially restorable habitat for imperiled species 310 |
|---|
| 468 | | - | is located on state lands, the Fish and Wildlife Conservation 311 |
|---|
| 469 | | - | Commission and the Department of Agric ulture and Consumer 312 |
|---|
| 470 | | - | Services shall be included on any advisory group required under 313 |
|---|
| 471 | | - | chapter 253, and the short -term and long-term management goals 314 |
|---|
| 472 | | - | required under chapter 253 must advance the goals and objectives 315 |
|---|
| 473 | | - | of imperiled species management without rest ricting other uses 316 |
|---|
| 474 | | - | identified in the management plan. The advisory group shall 317 |
|---|
| 475 | | - | conduct at least one public hearing within the county in which 318 |
|---|
| 476 | | - | the parcel or project is located. For those parcels or projects 319 |
|---|
| 477 | | - | that are within more than one county, at least one areawide 320 |
|---|
| 478 | | - | public hearing shall be acceptable and the lead managing agency 321 |
|---|
| 479 | | - | shall invite a local elected official from each county. The 322 |
|---|
| 480 | | - | areawide public hearing shall be held in the county in which the 323 |
|---|
| 481 | | - | core parcels are located. Notice of such public hearing s hall be 324 |
|---|
| 458 | + | 373.470, including the Central Everglades Planning Project, the 301 |
|---|
| 459 | + | Everglades Agricultural Area Storage Reservoir Project, the Lake 302 |
|---|
| 460 | + | Okeechobee Watershed Project, the C -43 West Basin Storage 303 |
|---|
| 461 | + | Reservoir Project, the Indian River Lagoon -South Project, the 304 |
|---|
| 462 | + | Western Everglades Restoration Project, and the Picayune Strand 305 |
|---|
| 463 | + | Restoration Project. The Department of Environmental Protection 306 |
|---|
| 464 | + | and the South Florida Water Management District shall give 307 |
|---|
| 465 | + | preference to those Everglades restoration projects that reduce 308 |
|---|
| 466 | + | harmful discharges of water from Lake Okeechobee to the St. 309 |
|---|
| 467 | + | Lucie or Caloosahatchee estuaries in a timely manner. For the 310 |
|---|
| 468 | + | purpose of performing the calculation provided in this 311 |
|---|
| 469 | + | subparagraph, the amount of debt service paid pursuant to 312 |
|---|
| 470 | + | paragraph (a) for bonds issued after July 1, 2016, for the 313 |
|---|
| 471 | + | purposes set forth under this paragraph shall be added to the 314 |
|---|
| 472 | + | amount remaining after the payments required under paragraph 315 |
|---|
| 473 | + | (a). The amount of the distribution calculated shall then be 316 |
|---|
| 474 | + | reduced by an amount equal to the debt service paid pursuant to 317 |
|---|
| 475 | + | paragraph (a) on bonds issued after July 1, 2016, for the 318 |
|---|
| 476 | + | purposes set forth under this subparagraph. 319 |
|---|
| 477 | + | 2. A minimum of the lesser of 7.6 percent or $50 million 320 |
|---|
| 478 | + | shall be appropriated annually for spring restoration, 321 |
|---|
| 479 | + | protection, and management projects. For the purpose of 322 |
|---|
| 480 | + | performing the calculation provided in this sub paragraph, the 323 |
|---|
| 481 | + | amount of debt service paid pursuant to paragraph (a) for bonds 324 |
|---|
| 482 | + | issued after July 1, 2016, for the purposes set forth under this 325 |
|---|
| 494 | | - | posted on the parcel or project designated for management, 325 |
|---|
| 495 | | - | advertised in a paper of general circulation, and announced at a 326 |
|---|
| 496 | | - | scheduled meeting of the local governing body before the actual 327 |
|---|
| 497 | | - | public hearing. The management prospectus required pursuant to 328 |
|---|
| 498 | | - | paragraph (7)(b) (7)(c) shall be available to the public for a 329 |
|---|
| 499 | | - | period of 30 days before the public hearing. 330 |
|---|
| 500 | | - | By July 1 of each year, each governmental agency and each 331 |
|---|
| 501 | | - | private entity designated to manage lands shall report to the 332 |
|---|
| 502 | | - | Secretary of Environmenta l Protection on the progress of 333 |
|---|
| 503 | | - | funding, staffing, and resource management of every project for 334 |
|---|
| 504 | | - | which the agency or entity is responsible. 335 |
|---|
| 505 | | - | (9) 336 |
|---|
| 506 | | - | (d) Up to one-fifth of the funds appropriated for the 337 |
|---|
| 507 | | - | purposes identified in paragraph (b) shall be reserved b y the 338 |
|---|
| 508 | | - | board for interim management of acquisitions and for associated 339 |
|---|
| 509 | | - | contractual services, to ensure the conservation and protection 340 |
|---|
| 510 | | - | of natural resources on project sites and to allow limited 341 |
|---|
| 511 | | - | public recreational use of lands. Interim management activities 342 |
|---|
| 512 | | - | may include, but not be limited to, resource assessments, 343 |
|---|
| 513 | | - | control of invasive, nonnative species, habitat restoration, 344 |
|---|
| 514 | | - | fencing, law enforcement, controlled burning, and public access 345 |
|---|
| 515 | | - | consistent with preliminary determinations made pursuant to 346 |
|---|
| 516 | | - | paragraph (7)(e) (7)(f). The board shall make these interim 347 |
|---|
| 517 | | - | funds available immediately upon purchase . 348 |
|---|
| 518 | | - | Section 3. Paragraphs (i), (l), and (m) of subsection (3), 349 |
|---|
| 495 | + | paragraph shall be added to the amount remaining after the 326 |
|---|
| 496 | + | payments required under paragraph (a). The amount of the 327 |
|---|
| 497 | + | distribution calculated shall then be reduced by an amount equal 328 |
|---|
| 498 | + | to the debt service paid pursuant to paragraph (a) on bonds 329 |
|---|
| 499 | + | issued after July 1, 2016, for the purposes set forth under this 330 |
|---|
| 500 | + | subparagraph. 331 |
|---|
| 501 | + | 3. The sum of $5 million shall be appropriated annually 332 |
|---|
| 502 | + | each fiscal year through the 2025 -2026 fiscal year to the St. 333 |
|---|
| 503 | + | Johns River Water Management District for projects dedicated to 334 |
|---|
| 504 | + | the restoration of Lake Apopka. This distribution shall be 335 |
|---|
| 505 | + | reduced by an amount equal to the debt service paid pursuant to 336 |
|---|
| 506 | + | paragraph (a) on bonds issued after July 1, 2016, for the 337 |
|---|
| 507 | + | purposes set forth in this subparagraph. 338 |
|---|
| 508 | + | 4. The sum of $64 million is appropriated and shall be 339 |
|---|
| 509 | + | transferred to the Everglades Trust Fund for the 2018 -2019 340 |
|---|
| 510 | + | fiscal year, and each fiscal year ther eafter, for the EAA 341 |
|---|
| 511 | + | reservoir project pursuant to s. 373.4598. Any funds remaining 342 |
|---|
| 512 | + | in any fiscal year shall be made available only for Phase II of 343 |
|---|
| 513 | + | the C-51 reservoir project or projects identified in 344 |
|---|
| 514 | + | subparagraph 1. and must be used in accordance with laws 345 |
|---|
| 515 | + | relating to such projects. Any funds made available for such 346 |
|---|
| 516 | + | purposes in a fiscal year are in addition to the amount 347 |
|---|
| 517 | + | appropriated under subparagraph 1. This distribution shall be 348 |
|---|
| 518 | + | reduced by an amount equal to the debt service paid pursuant to 349 |
|---|
| 519 | + | paragraph (a) on bonds issued after July 1, 2017, for the 350 |
|---|
| 531 | | - | paragraph (a) of subsection (5), and paragraph (i) of subsection 350 |
|---|
| 532 | | - | (15) of section 259.105, Florida Stat utes, are amended, and 351 |
|---|
| 533 | | - | paragraphs (g) and (h) are added to subsection (10) of that 352 |
|---|
| 534 | | - | section, to read: 353 |
|---|
| 535 | | - | 259.105 The Florida Forever Act. — 354 |
|---|
| 536 | | - | (3) Less the costs of issuing and the costs of funding 355 |
|---|
| 537 | | - | reserve accounts and other costs associated with bonds, the 356 |
|---|
| 538 | | - | proceeds of cash payments or bonds issued pursuant to this 357 |
|---|
| 539 | | - | section shall be deposited into the Florida Forever Trust Fund 358 |
|---|
| 540 | | - | created by s. 259.1051. The proceeds shall be distributed by the 359 |
|---|
| 541 | | - | Department of Environmental Protection in the following manner: 360 |
|---|
| 542 | | - | (i) Three and five-tenths percent to the Department of 361 |
|---|
| 543 | | - | Agriculture and Consumer Services for the acquisition of 362 |
|---|
| 544 | | - | agricultural lands, through perpetual conservation easements and 363 |
|---|
| 545 | | - | other perpetual less than fee techniques, which will achieve the 364 |
|---|
| 546 | | - | objectives of Florida Forever and s. 570.71. Rules concerning 365 |
|---|
| 547 | | - | the application, acquisition, and priority ranking process for 366 |
|---|
| 548 | | - | such easements shall be developed pursuant to s. 570.71(10) and 367 |
|---|
| 549 | | - | as provided by this paragraph. The board shall ensure that such 368 |
|---|
| 550 | | - | rules are consistent w ith the acquisition process provided for 369 |
|---|
| 551 | | - | in s. 570.715. The rules developed pursuant to s. 570.71(10), 370 |
|---|
| 552 | | - | shall also provide for the following: 371 |
|---|
| 553 | | - | 1. An annual priority list shall be developed pursuant to 372 |
|---|
| 554 | | - | s. 570.71(10), submitted to the council for review, and approved 373 |
|---|
| 555 | | - | by the board pursuant to s. 259.04. By March 1, 2024, the 374 |
|---|
| 532 | + | purposes set forth in this subparagraph. 351 |
|---|
| 533 | + | 5. The sum of $50 million shall be appropriated annually 352 |
|---|
| 534 | + | to the South Florida Water Management District for the Lake 353 |
|---|
| 535 | + | Okeechobee Watershed Restoration Project in accord ance with s. 354 |
|---|
| 536 | + | 373.4599. This distribution must be reduced by an amount equal 355 |
|---|
| 537 | + | to the debt service paid pursuant to paragraph (a) on bonds 356 |
|---|
| 538 | + | issued after July 1, 2021, for the purposes set forth in this 357 |
|---|
| 539 | + | subparagraph. 358 |
|---|
| 540 | + | 6. The sum of $100 million shall be approp riated annually 359 |
|---|
| 541 | + | to the Department of Environmental Protection for the 360 |
|---|
| 542 | + | acquisition of land pursuant to s. 259.105 Notwithstanding 361 |
|---|
| 543 | + | subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 362 |
|---|
| 544 | + | appropriated as provided in the General Appropriations Act. This 363 |
|---|
| 545 | + | subparagraph expires July 1, 2023 . 364 |
|---|
| 546 | + | Section 6. Subsection (10) of section 570.71, Florida 365 |
|---|
| 547 | + | Statutes, is amended to read: 366 |
|---|
| 548 | + | 570.71 Conservation easements and agreements. — 367 |
|---|
| 549 | + | (10) The department, in consultation with the Department 368 |
|---|
| 550 | + | of Environmental Protect ion, the water management districts, the 369 |
|---|
| 551 | + | Department of Economic Opportunity, and the Florida Fish and 370 |
|---|
| 552 | + | Wildlife Conservation Commission, shall adopt rules that 371 |
|---|
| 553 | + | establish an application process ;, a process and criteria for 372 |
|---|
| 554 | + | setting priorities for use of funds consistent with the purposes 373 |
|---|
| 555 | + | specified in subsection (1) and giving preference to ranch and 374 |
|---|
| 556 | + | timber lands managed using sustainable practices, lands in 375 |
|---|
| 568 | | - | Department of Agriculture and Consumer Services shall submit an 375 |
|---|
| 569 | | - | updated priority list to the council. Any acquisitions for which 376 |
|---|
| 570 | | - | funds have been obligated before July 1, 2023, to pay for an 377 |
|---|
| 571 | | - | appraisal may not be impacted by the updated priority list. 378 |
|---|
| 572 | | - | 2. Terms of easements and acquisitions proposed pursuant 379 |
|---|
| 573 | | - | to this paragraph shall be approved by the board and may not be 380 |
|---|
| 574 | | - | delegated by the board to any other entity receiving funds under 381 |
|---|
| 575 | | - | this section. 382 |
|---|
| 576 | | - | 3. All acquisitions pursuant to this paragraph shall 383 |
|---|
| 577 | | - | contain a clear statement that they are subject to legislative 384 |
|---|
| 578 | | - | appropriation. 385 |
|---|
| 579 | | - | 386 |
|---|
| 580 | | - | Funds provided under this paragraph may not be expended until 387 |
|---|
| 581 | | - | final adoption of rules by the board pursuant to s. 570.71. 388 |
|---|
| 582 | | - | (l) For the purposes of paragraphs (e), (f), (g), and (h), 389 |
|---|
| 583 | | - | the agencies that receive the funds shall develop their 390 |
|---|
| 584 | | - | individual acquisition or restoration lists in accordance with 391 |
|---|
| 585 | | - | specific criteria and numeric performance measures developed 392 |
|---|
| 586 | | - | pursuant to s. 259.035(4). Proposed additions may be acquired if 393 |
|---|
| 587 | | - | they are identified within the original project boundary, the 394 |
|---|
| 588 | | - | management plan required pursuant to s. 253.034(5), or the 395 |
|---|
| 589 | | - | management prospectus required pursuant to s. 259.032(7)(b) s. 396 |
|---|
| 590 | | - | 259.032(7)(c). Proposed additions not meeting the requirements 397 |
|---|
| 591 | | - | of this paragraph shall be submitted to the council for 398 |
|---|
| 592 | | - | approval. The council may only approve the proposed addition if 399 |
|---|
| 569 | + | imminent danger of development or degradation, and lands within 376 |
|---|
| 570 | + | the Florida wildlife corridor as defined in s. 259.1055(4); an 377 |
|---|
| 571 | + | appraisal process;, and a process for title review and 378 |
|---|
| 572 | + | compliance and approval of the rules by the Board of Trustees of 379 |
|---|
| 573 | + | the Internal Improvement Trust Fund. 380 |
|---|
| 574 | + | Section 7. Subsection (5) of section 570.715, Florida 381 |
|---|
| 575 | + | Statutes, is amended to read: 382 |
|---|
| 576 | + | 570.715 Conservation easement acquisition procedures. — 383 |
|---|
| 577 | + | (5) Appraisal reports are confidential and exempt from s. 384 |
|---|
| 578 | + | 119.07(1), for use by the department and the board of trustees, 385 |
|---|
| 579 | + | until an option contract is executed or, if an option contract 386 |
|---|
| 580 | + | is not executed, until 2 weeks before a contract or agreement 387 |
|---|
| 581 | + | for purchase is considered for approval by the board of 388 |
|---|
| 582 | + | trustees. However, the department shall has the authority, at 389 |
|---|
| 583 | + | its discretion, to disclose appraisal reports to private 390 |
|---|
| 584 | + | landowners or their representatives during negotiations for 391 |
|---|
| 585 | + | acquisitions using alternatives to fee simple techniques, if the 392 |
|---|
| 586 | + | department determines that disclosure of such reports will bring 393 |
|---|
| 587 | + | the proposed acquisition to closure . The department may also 394 |
|---|
| 588 | + | disclose appraisal infor mation to public agencies or nonprofit 395 |
|---|
| 589 | + | organizations that agree to maintain the confidentiality of the 396 |
|---|
| 590 | + | reports or information when joint acquisition of property is 397 |
|---|
| 591 | + | contemplated, or when a public agency or nonprofit organization 398 |
|---|
| 592 | + | enters into a written multip arty agreement with the department. 399 |
|---|
| 593 | + | For purposes of this subsection, the term "nonprofit 400 |
|---|
| 605 | | - | it meets two or more of the following criteria: serves as a link 400 |
|---|
| 606 | | - | or corridor to other publicly owned property; enhances the 401 |
|---|
| 607 | | - | protection or management of the property; would add a desirable 402 |
|---|
| 608 | | - | resource to the property; would create a more manageable 403 |
|---|
| 609 | | - | boundary configuration; has a high resource value that otherwise 404 |
|---|
| 610 | | - | would be unprotected; or can be acquired at less than fair 405 |
|---|
| 611 | | - | market value. 406 |
|---|
| 612 | | - | (m) Notwithstanding paragraphs (a) -(j) and for the 2021 -407 |
|---|
| 613 | | - | 2022 fiscal year, the amount of $1,998,100 to only the 408 |
|---|
| 614 | | - | Department of Environmental Protection for grants pursuant to s. 409 |
|---|
| 615 | | - | 375.075. This paragraph expires July 1, 2022. 410 |
|---|
| 616 | | - | (5)(a) All lands acquired pursuant to this section shall 411 |
|---|
| 617 | | - | be managed for multiple -use purposes, where compatible with the 412 |
|---|
| 618 | | - | resource values of and management objectives for such lands. As 413 |
|---|
| 619 | | - | used in this section, "multiple -use" includes, but is not 414 |
|---|
| 620 | | - | limited to, outdoor recreational activities as described in ss. 415 |
|---|
| 621 | | - | 253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource 416 |
|---|
| 622 | | - | development projects, sustainable forestry management, carbon 417 |
|---|
| 623 | | - | sequestration, carbon mitigation, or carbon offsets. 418 |
|---|
| 624 | | - | (10) The council sh all give increased priority to: 419 |
|---|
| 625 | | - | (g) Projects in imminent danger of development, loss of 420 |
|---|
| 626 | | - | significant natural attributes or recreational open space, or 421 |
|---|
| 627 | | - | subdivision, which would result in multiple ownership and make 422 |
|---|
| 628 | | - | acquisition of the project costly or less likely to be 423 |
|---|
| 629 | | - | accomplished. 424 |
|---|
| 630 | | - | |
|---|
| 631 | | - | CS/HB 7047 2023 |
|---|
| 632 | | - | |
|---|
| 633 | | - | |
|---|
| 634 | | - | |
|---|
| 635 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 636 | | - | hb7047-01-c1 |
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| 637 | | - | Page 18 of 24 |
|---|
| 638 | | - | 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 |
|---|
| 639 | | - | |
|---|
| 640 | | - | |
|---|
| 641 | | - | |
|---|
| 642 | | - | (h) Projects located within the Florida wildlife corridor 425 |
|---|
| 643 | | - | as defined in s. 259.1055(4). 426 |
|---|
| 644 | | - | (15) The council shall submit to the board, with its list 427 |
|---|
| 645 | | - | of projects, a report that includes, but need not be limited to, 428 |
|---|
| 646 | | - | the following information for each project listed: 429 |
|---|
| 647 | | - | (i) A management policy statement for the project and a 430 |
|---|
| 648 | | - | management prospectus pursuant to s. 259.032(7)(b) s. 431 |
|---|
| 649 | | - | 259.032(7)(c). 432 |
|---|
| 650 | | - | Section 4. Paragraph (b) of subsection (3) of section 433 |
|---|
| 651 | | - | 375.041, Florida Statutes, is amended to read: 434 |
|---|
| 652 | | - | 375.041 Land Acquisition Trust Fund. — 435 |
|---|
| 653 | | - | (3) Funds distributed into the Land Acquisition Trust Fund 436 |
|---|
| 654 | | - | pursuant to s. 201.15 shall be applied: 437 |
|---|
| 655 | | - | (b) Of the funds remaining after the payments required 438 |
|---|
| 656 | | - | under paragraph (a), but before funds may be appropriated, 439 |
|---|
| 657 | | - | pledged, or dedicated for other uses: 440 |
|---|
| 658 | | - | 1. A minimum of the lesser of 25 percent or $200 million 441 |
|---|
| 659 | | - | shall be appropriated annually for Everglades projects that 442 |
|---|
| 660 | | - | implement the Comprehensive Everglades Restoration Plan as set 443 |
|---|
| 661 | | - | forth in s. 373.470, including the Central Everglades Planning 444 |
|---|
| 662 | | - | Project subject to congressional authorization; the Long -Term 445 |
|---|
| 663 | | - | Plan as defined in s. 373.4592(2); and the Northern Everglades 446 |
|---|
| 664 | | - | and Estuaries Protection Program as set forth in s. 373.4595. 447 |
|---|
| 665 | | - | From these funds, $32 mi llion shall be distributed each fiscal 448 |
|---|
| 666 | | - | year through the 2023 -2024 fiscal year to the South Florida 449 |
|---|
| 667 | | - | |
|---|
| 668 | | - | CS/HB 7047 2023 |
|---|
| 669 | | - | |
|---|
| 670 | | - | |
|---|
| 671 | | - | |
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| 672 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 673 | | - | hb7047-01-c1 |
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| 674 | | - | Page 19 of 24 |
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| 675 | | - | 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 |
|---|
| 676 | | - | |
|---|
| 677 | | - | |
|---|
| 678 | | - | |
|---|
| 679 | | - | Water Management District for the Long -Term Plan as defined in 450 |
|---|
| 680 | | - | s. 373.4592(2). After deducting the $32 million distributed 451 |
|---|
| 681 | | - | under this subparagraph, from the funds remaining, a minimum of 452 |
|---|
| 682 | | - | the lesser of 76.5 percent or $100 million shall be appropriated 453 |
|---|
| 683 | | - | each fiscal year through the 2025 -2026 fiscal year for the 454 |
|---|
| 684 | | - | planning, design, engineering, and construction of the 455 |
|---|
| 685 | | - | Comprehensive Everglades Restoration Plan as se t forth in s. 456 |
|---|
| 686 | | - | 373.470, including the Central Everglades Planning Project, the 457 |
|---|
| 687 | | - | Everglades Agricultural Area Storage Reservoir Project, the Lake 458 |
|---|
| 688 | | - | Okeechobee Watershed Project, the C -43 West Basin Storage 459 |
|---|
| 689 | | - | Reservoir Project, the Indian River Lagoon -South Project, the 460 |
|---|
| 690 | | - | Western Everglades Restoration Project, and the Picayune Strand 461 |
|---|
| 691 | | - | Restoration Project. The Department of Environmental Protection 462 |
|---|
| 692 | | - | and the South Florida Water Management District shall give 463 |
|---|
| 693 | | - | preference to those Everglades restoration projects that reduc e 464 |
|---|
| 694 | | - | harmful discharges of water from Lake Okeechobee to the St. 465 |
|---|
| 695 | | - | Lucie or Caloosahatchee estuaries in a timely manner. For the 466 |
|---|
| 696 | | - | purpose of performing the calculation provided in this 467 |
|---|
| 697 | | - | subparagraph, the amount of debt service paid pursuant to 468 |
|---|
| 698 | | - | paragraph (a) for bonds issued after July 1, 2016, for the 469 |
|---|
| 699 | | - | purposes set forth under this paragraph shall be added to the 470 |
|---|
| 700 | | - | amount remaining after the payments required under paragraph 471 |
|---|
| 701 | | - | (a). The amount of the distribution calculated shall then be 472 |
|---|
| 702 | | - | reduced by an amount equal to th e debt service paid pursuant to 473 |
|---|
| 703 | | - | paragraph (a) on bonds issued after July 1, 2016, for the 474 |
|---|
| 704 | | - | |
|---|
| 705 | | - | CS/HB 7047 2023 |
|---|
| 706 | | - | |
|---|
| 707 | | - | |
|---|
| 708 | | - | |
|---|
| 709 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 710 | | - | hb7047-01-c1 |
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| 711 | | - | Page 20 of 24 |
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| 712 | | - | 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 |
|---|
| 713 | | - | |
|---|
| 714 | | - | |
|---|
| 715 | | - | |
|---|
| 716 | | - | purposes set forth under this subparagraph. 475 |
|---|
| 717 | | - | 2. A minimum of the lesser of 7.6 percent or $50 million 476 |
|---|
| 718 | | - | shall be appropriated annually for spring restoration, 477 |
|---|
| 719 | | - | protection, and management projects. For the purpose of 478 |
|---|
| 720 | | - | performing the calculation provided in this subparagraph, the 479 |
|---|
| 721 | | - | amount of debt service paid pursuant to paragraph (a) for bonds 480 |
|---|
| 722 | | - | issued after July 1, 2016, for the purposes set forth under this 481 |
|---|
| 723 | | - | paragraph shall be added to the amount remaining after the 482 |
|---|
| 724 | | - | payments required under paragraph (a). The amount of the 483 |
|---|
| 725 | | - | distribution calculated shall then be reduced by an amount equal 484 |
|---|
| 726 | | - | to the debt service paid pursuant to paragraph (a) on bonds 485 |
|---|
| 727 | | - | issued after July 1, 2016, for t he purposes set forth under this 486 |
|---|
| 728 | | - | subparagraph. 487 |
|---|
| 729 | | - | 3. The sum of $5 million shall be appropriated annually 488 |
|---|
| 730 | | - | each fiscal year through the 2025 -2026 fiscal year to the St. 489 |
|---|
| 731 | | - | Johns River Water Management District for projects dedicated to 490 |
|---|
| 732 | | - | the restoration of Lake A popka. This distribution shall be 491 |
|---|
| 733 | | - | reduced by an amount equal to the debt service paid pursuant to 492 |
|---|
| 734 | | - | paragraph (a) on bonds issued after July 1, 2016, for the 493 |
|---|
| 735 | | - | purposes set forth in this subparagraph. 494 |
|---|
| 736 | | - | 4. The sum of $64 million is appropriated and shall be 495 |
|---|
| 737 | | - | transferred to the Everglades Trust Fund for the 2018 -2019 496 |
|---|
| 738 | | - | fiscal year, and each fiscal year thereafter, for the EAA 497 |
|---|
| 739 | | - | reservoir project pursuant to s. 373.4598. Any funds remaining 498 |
|---|
| 740 | | - | in any fiscal year shall be made available only for Phase II of 499 |
|---|
| 741 | | - | |
|---|
| 742 | | - | CS/HB 7047 2023 |
|---|
| 743 | | - | |
|---|
| 744 | | - | |
|---|
| 745 | | - | |
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| 746 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 747 | | - | hb7047-01-c1 |
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| 748 | | - | Page 21 of 24 |
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| 749 | | - | 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 |
|---|
| 750 | | - | |
|---|
| 751 | | - | |
|---|
| 752 | | - | |
|---|
| 753 | | - | the C-51 reservoir project or projects identified in 500 |
|---|
| 754 | | - | subparagraph 1. and must be used in accordance with laws 501 |
|---|
| 755 | | - | relating to such projects. Any funds made available for such 502 |
|---|
| 756 | | - | purposes in a fiscal year are in addition to the amount 503 |
|---|
| 757 | | - | appropriated under subparagraph 1. This dis tribution shall be 504 |
|---|
| 758 | | - | reduced by an amount equal to the debt service paid pursuant to 505 |
|---|
| 759 | | - | paragraph (a) on bonds issued after July 1, 2017, for the 506 |
|---|
| 760 | | - | purposes set forth in this subparagraph. 507 |
|---|
| 761 | | - | 5. The sum of $50 million shall be appropriated annually 508 |
|---|
| 762 | | - | to the South Florida Water Management District for the Lake 509 |
|---|
| 763 | | - | Okeechobee Watershed Restoration Project in accordance with s. 510 |
|---|
| 764 | | - | 373.4599. This distribution must be reduced by an amount equal 511 |
|---|
| 765 | | - | to the debt service paid pursuant to paragraph (a) on bonds 512 |
|---|
| 766 | | - | issued after July 1, 2021 , for the purposes set forth in this 513 |
|---|
| 767 | | - | subparagraph. 514 |
|---|
| 768 | | - | 6. The sum of $100 million shall be appropriated annually 515 |
|---|
| 769 | | - | to the Department of Environmental Protection for the 516 |
|---|
| 770 | | - | acquisition of land pursuant to s. 259.105 Notwithstanding 517 |
|---|
| 771 | | - | subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 518 |
|---|
| 772 | | - | appropriated as provided in the General Appropriations Act. This 519 |
|---|
| 773 | | - | subparagraph expires July 1, 2023 . 520 |
|---|
| 774 | | - | Section 5. Subsection (10) of section 570.71, Florida 521 |
|---|
| 775 | | - | Statutes, is amended, and subsection (14) is added to that 522 |
|---|
| 776 | | - | section, to read: 523 |
|---|
| 777 | | - | 570.71 Conservation easements and agreements. — 524 |
|---|
| 778 | | - | |
|---|
| 779 | | - | CS/HB 7047 2023 |
|---|
| 780 | | - | |
|---|
| 781 | | - | |
|---|
| 782 | | - | |
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| 783 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 784 | | - | hb7047-01-c1 |
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| 785 | | - | Page 22 of 24 |
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| 786 | | - | 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 |
|---|
| 787 | | - | |
|---|
| 788 | | - | |
|---|
| 789 | | - | |
|---|
| 790 | | - | (10) The department, in consultation with the Department 525 |
|---|
| 791 | | - | of Environmental Protection, the water management districts, the 526 |
|---|
| 792 | | - | Department of Economic Opportunity, and the Florida Fish and 527 |
|---|
| 793 | | - | Wildlife Conservation Commission, shall adopt rules that 528 |
|---|
| 794 | | - | establish an application process ;, a process and criteria for 529 |
|---|
| 795 | | - | setting priorities for use of funds consistent with the purposes 530 |
|---|
| 796 | | - | specified in subsection (1) and giving preference to ranch and 531 |
|---|
| 797 | | - | timber lands managed using sustainable practices, lands in 532 |
|---|
| 798 | | - | imminent danger of development or degradation, or lands within 533 |
|---|
| 799 | | - | the Florida wildlife corridor as defined in s. 259.1055(4); an 534 |
|---|
| 800 | | - | appraisal process;, and a process for title review and 535 |
|---|
| 801 | | - | compliance and approval of the rules by the Board of Trustees of 536 |
|---|
| 802 | | - | the Internal Improvement Trust Fund. 537 |
|---|
| 803 | | - | (14) Notwithstanding any other law or rule, the department 538 |
|---|
| 804 | | - | shall submit a purchase agreement authorized by this section to 539 |
|---|
| 805 | | - | the Board of Trustees of the Internal Improvement Trust Fund for 540 |
|---|
| 806 | | - | approval only if the purchase price exceeds $5 million. 541 |
|---|
| 807 | | - | Section 6. Paragraph (b) of subsection (1) and subsection 542 |
|---|
| 808 | | - | (5) of section 570.715, Florida Statutes, are amended to read: 543 |
|---|
| 809 | | - | 570.715 Conservation easement acquisition procedures. — 544 |
|---|
| 810 | | - | (1) For less than fee simple acquisitions pursuant to s. 545 |
|---|
| 811 | | - | 570.71, the Department of Agriculture and Consumer Services 546 |
|---|
| 812 | | - | shall comply with the following acquisition procedures: 547 |
|---|
| 813 | | - | (b) Before approval by the board of trustees of an 548 |
|---|
| 814 | | - | agreement to purchase less than fee simple titl e to land 549 |
|---|
| 815 | | - | |
|---|
| 816 | | - | CS/HB 7047 2023 |
|---|
| 817 | | - | |
|---|
| 818 | | - | |
|---|
| 819 | | - | |
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| 823 | | - | 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 |
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| 824 | | - | |
|---|
| 825 | | - | |
|---|
| 826 | | - | |
|---|
| 827 | | - | pursuant to s. 570.71, an appraisal of the parcel shall be 550 |
|---|
| 828 | | - | required as follows: 551 |
|---|
| 829 | | - | 1. Each parcel to be acquired shall have at least one 552 |
|---|
| 830 | | - | appraisal. Two appraisals are required when the estimated value 553 |
|---|
| 831 | | - | of the parcel exceeds $5 $1 million. However, when both 554 |
|---|
| 832 | | - | appraisals exceed $5 $1 million and differ significantly, a 555 |
|---|
| 833 | | - | third appraisal may be obtained. 556 |
|---|
| 834 | | - | 2. Appraisal fees and associated costs shall be paid by 557 |
|---|
| 835 | | - | the department. All appraisals used for the acquisition of less 558 |
|---|
| 836 | | - | than fee simple interest in lan ds pursuant to this section shall 559 |
|---|
| 837 | | - | be prepared by a state -certified appraiser who meets the 560 |
|---|
| 838 | | - | standards and criteria established by rule of the board of 561 |
|---|
| 839 | | - | trustees. Each appraiser selected to appraise a particular 562 |
|---|
| 840 | | - | parcel shall, before contracting with the depar tment or a 563 |
|---|
| 841 | | - | participant in a multiparty agreement, submit to the department 564 |
|---|
| 842 | | - | or participant an affidavit substantiating that he or she has no 565 |
|---|
| 843 | | - | vested or fiduciary interest in such parcel. 566 |
|---|
| 844 | | - | (5) Appraisal reports are confidential and exempt from s. 567 |
|---|
| 845 | | - | 119.07(1), for use by the department and the board of trustees, 568 |
|---|
| 846 | | - | until an option contract is executed or, if an option contract 569 |
|---|
| 847 | | - | is not executed, until 2 weeks before a contract or agreement 570 |
|---|
| 848 | | - | for purchase is considered for approval by the board of 571 |
|---|
| 849 | | - | trustees. However, the department shall has the authority, at 572 |
|---|
| 850 | | - | its discretion, to disclose appraisal reports to private 573 |
|---|
| 851 | | - | landowners or their representatives during negotiations for 574 |
|---|
| 852 | | - | |
|---|
| 853 | | - | CS/HB 7047 2023 |
|---|
| 854 | | - | |
|---|
| 855 | | - | |
|---|
| 856 | | - | |
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| 857 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 858 | | - | hb7047-01-c1 |
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| 859 | | - | Page 24 of 24 |
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| 860 | | - | 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 |
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| 861 | | - | |
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| 862 | | - | |
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| 863 | | - | |
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| 864 | | - | acquisitions using alternatives to fee simple techniques, if the 575 |
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| 865 | | - | department determines that disclos ure of such reports will bring 576 |
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| 866 | | - | the proposed acquisition to closure . The department may also 577 |
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| 867 | | - | disclose appraisal information to public agencies or nonprofit 578 |
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| 868 | | - | organizations that agree to maintain the confidentiality of the 579 |
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| 869 | | - | reports or information when joint acq uisition of property is 580 |
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| 870 | | - | contemplated, or when a public agency or nonprofit organization 581 |
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| 871 | | - | enters into a written multiparty agreement with the department. 582 |
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| 872 | | - | For purposes of this subsection, the term "nonprofit 583 |
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| 873 | | - | organization" means an organization whose purposes include the 584 |
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| 874 | | - | preservation of natural resources, and which is exempt from 585 |
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| 875 | | - | federal income tax under s. 501(c)(3) of the Internal Revenue 586 |
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| 876 | | - | Code. The department may release an appraisal report when the 587 |
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| 877 | | - | passage of time has rendered the conclusions of value in the 588 |
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| 878 | | - | report invalid or when the department has terminated 589 |
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| 879 | | - | negotiations. 590 |
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| 880 | | - | Section 7. This act shall take effect July 1, 2023. 591 |
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| 606 | + | organization" means an organization whose purposes include the 401 |
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| 607 | + | preservation of natural resources, and which is exempt from 402 |
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| 608 | + | federal income tax under s. 501(c)(3) of the Internal Revenue 403 |
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| 609 | + | Code. The department may release an appraisal report when the 404 |
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| 610 | + | passage of time has rendered the conclusions of value in the 405 |
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| 611 | + | report invalid or when the department has terminated 406 |
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| 612 | + | negotiations. 407 |
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| 613 | + | Section 8. This act shall take effect July 1, 2023. 408 |
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