Bill Amendment: FL S2516 | 2015 | 1st Special Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Implementation of the Water and Land Conservation Constitutional Amendment
Status: 2015-06-23 - Chapter No. 2015-229, companion bill(s) passed, see SB 2500-A (Ch. 2015-232), SB 2502-A (Ch. 2015-222) [S2516 Detail]
Download: Florida-2015-S2516-Senate_Floor_Conference_Committee_Amendment_354282.html
Bill Title: Implementation of the Water and Land Conservation Constitutional Amendment
Status: 2015-06-23 - Chapter No. 2015-229, companion bill(s) passed, see SB 2500-A (Ch. 2015-232), SB 2502-A (Ch. 2015-222) [S2516 Detail]
Download: Florida-2015-S2516-Senate_Floor_Conference_Committee_Amendment_354282.html
Florida Senate - 2015 CONFERENCE COMMITTEE AMENDMENT Bill No. SB 2516-A Ì354282*Î354282 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Conference Committee on SB 2516-A recommended the following: 1 Senate Conference Committee Amendment (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. (1) The following trust funds within the 7 Department of Environmental Protection are terminated: 8 (a) The Florida Preservation 2000 Trust Fund, FLAIR number 9 37-2-332. 10 (b) The Florida Communities Trust Fund, FLAIR number 37-2 11 244. 12 (c) The Ecosystem Management and Restoration Trust Fund, 13 FLAIR number 37-2-193. 14 (d) The Water Management Lands Trust Fund, FLAIR number 37 15 2-776. 16 (e) The Conservation and Recreation Lands Trust Fund, FLAIR 17 number 37-2-131. 18 (2)(a) All current balances remaining in the Florida 19 Communities Trust Fund and the Florida Preservation 2000 Trust 20 Fund shall be transferred to the Land Acquisition Trust Fund, 21 FLAIR number 37-2-423. 22 (b) All current balances remaining in the Conservation and 23 Recreation Lands Trust Fund shall be transferred to the General 24 Revenue Fund. 25 (c) All current balances remaining in, and all revenues of, 26 the Ecosystem Management and Restoration Trust Fund shall be 27 transferred to the General Revenue Fund, except for balances 28 associated with the Reef Grounding Program and the Pollution 29 Recovery Restricted Accounts, which shall be transferred to the 30 Water Quality Assurance Trust Fund, FLAIR number 37-2-780. 31 (d) All current balances remaining in, and all revenues of, 32 the Water Management Lands Trust Fund shall be transferred to 33 the General Revenue Fund, except for balances associated with 34 debt service on bonds issued before February 1, 2009, by the 35 South Florida Water Management District and the St. Johns River 36 Water Management District, which shall be transferred to the 37 Land Acquisition Trust Fund, FLAIR number 37-2-423. 38 (3) The Department of Environmental Protection shall pay 39 any outstanding debts or obligations of the terminated trust 40 funds as required, and the Chief Financial Officer shall close 41 out and remove the terminated trust funds from the various state 42 accounting systems using generally accepted accounting 43 principles concerning warrants outstanding, assets, and 44 liabilities. 45 Section 2. (1) The Conservation and Recreation Lands 46 Program Trust Fund, FLAIR number 42-2-931, within the Department 47 of Agriculture and Consumer Services is terminated. 48 (2) The Department of Agriculture and Consumer Services 49 shall pay any outstanding debts or obligations of the terminated 50 trust fund as soon as practicable, and the Chief Financial 51 Officer shall close out and remove that terminated trust fund 52 from the various state accounting systems using generally 53 accepted accounting principles concerning warrants outstanding, 54 assets, and liabilities. 55 Section 3. (1) The Conservation and Recreation Lands 56 Program Trust Fund, FLAIR number 72-2-931, within the Fish and 57 Wildlife Conservation Commission is terminated. 58 (2) The Fish and Wildlife Conservation Commission shall pay 59 any outstanding debts or obligations of the terminated trust 60 fund as soon as practicable, and the Chief Financial Officer 61 shall close out and remove that terminated trust fund from the 62 various state accounting systems using generally accepted 63 accounting principles concerning warrants outstanding, assets, 64 and liabilities. 65 Section 4. Paragraph (e) is added to subsection (3) of 66 section 17.61, Florida Statutes, to read: 67 17.61 Chief Financial Officer; powers and duties in the 68 investment of certain funds.— 69 (3) 70 (e) Moneys in any land acquisition trust fund created or 71 designated to receive funds under s. 28, Art. X of the State 72 Constitution may not be invested as provided in this section, 73 but shall be retained in those trust funds, with the interest 74 appropriated to the General Revenue Fund, as provided in s. 75 17.57. 76 Section 5. Section 161.05301, Florida Statutes, is 77 repealed. 78 Section 6. Subsection (3) of section 161.054, Florida 79 Statutes, is amended to read: 80 161.054 Administrative fines; liability for damage; liens.— 81 (3) The imposition of a fine or an award of damages 82 pursuant to this section shall create a lien upon the real and 83 personal property of the violator, enforceable by the department 84 as are statutory liens under chapter 85. The proceeds of such 85 fines and awards of damages shall be deposited in the Florida 86 Coastal ProtectionEcosystem Management and RestorationTrust 87 Fund. 88 Section 7. Subsections (1) and (3) of section 161.091, 89 Florida Statutes, are amended to read: 90 161.091 Beach management; funding; repair and maintenance 91 strategy.— 92 (1) Subject to such appropriations as the Legislature may 93 make therefor from time to time, disbursements from the Land 94 AcquisitionEcosystem Management and RestorationTrust Fund may 95 be made by the department in order to carry out the proper state 96 responsibilities in a comprehensive, long-range, statewide beach 97 management plan for erosion control; beach preservation, 98 restoration, and nourishment; and storm and hurricane 99 protection; and other activities authorized for beaches and 100 shores pursuant to s. 28, Art. X of the State Constitution. 101 Legislative intent in appropriating such funds is for the 102 implementation of those projects that contribute most 103 significantly to addressing the state’s beach erosion problems. 104 (3) In accordance with the intent expressed in s. 161.088 105 and the legislative finding that erosion of the beaches of this 106 state is detrimental to tourism, the state’s major industry, 107 further exposes the state’s highly developed coastline to severe 108 storm damage, and threatens beach-related jobs, which, if not 109 stopped, may significantly reduce state sales tax revenues, 110 funds deposited into the State Treasury to the credit of the 111 Land AcquisitionEcosystem Management and RestorationTrust 112 Fund, in the annual amounts provided in s. 201.15,shall be 113 used, for a period of not less than 15 years,to fund the 114 development, implementation, and administration of the state’s 115 beach management plan, as provided in ss. 161.091-161.212 and as 116 authorized in s. 28, Art. X of the State Constitution, prior to117the use of such funds deposited pursuant to s. 201.15 in that118trust fund for any other purpose. 119 Section 8. Section 201.0205, Florida Statutes, is amended 120 to read: 121 201.0205 Counties that have implemented ch. 83-220; 122 inapplicability of 10-cent tax increase by s. 2, ch. 92-317, 123 Laws of Florida.—The 10-cent tax increase in the documentary 124 stamp tax levied by s. 2, chapter 92-317, does not apply to 125 deeds and other taxable instruments relating to real property 126 located in any county that has implemented the provisions of 127 chapter 83-220, Laws of Florida, as amended by chapters 84-270, 128 86-152, and 89-252, Laws of Florida. Each such county and each 129 eligible jurisdiction within such county mayshallnotbe130eligible toparticipate in programs funded pursuant to s. 131 201.15(4)(c)s. 201.15(9). However, each such county and each 132 eligible jurisdiction within such county mayshall be eligible133toparticipate in programs funded pursuant to s. 201.15(4)(d)s.134201.15(10). 135 Section 9. Section 201.15, Florida Statutes, is amended to 136 read: 137 201.15 Distribution of taxes collected.—All taxes collected 138 under this chapter are hereby pledged and shall be first made 139 available to make payments when due on bonds issued pursuant to 140 s. 215.618 or s. 215.619, or any other bonds authorized to be 141 issued on a parity basis with such bonds. Such pledge and 142 availability for the payment of these bonds shall have priority 143 over any requirement for the payment of service charges or costs 144 of collection and enforcement under this section. All taxes 145 collected under this chapter, except taxes distributed to the 146 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 147 are subject to the service charge imposed in s. 215.20(1). 148 Before distribution pursuant tounderthis section, the 149 Department of Revenue shall deduct amounts necessary to pay the 150 costs of the collection and enforcement of the tax levied by 151 this chapter. TheSuchcosts andtheservice charge may not be 152 levied against any portion of taxes pledged to debt service on 153 bonds to the extent that the costs and service charge are 154 required to pay any amounts relating to the bonds.After155distributions are made pursuant to subsection (1),All of the 156 costs of the collection and enforcement of the tax levied by 157 this chapter and the service charge shall be available and 158 transferred to the extent necessary to pay debt service and any 159 other amounts payable with respect to bonds authorized before 160 January 1, 2015, secured by revenues distributed pursuant to 161 this sectionsubsection (1). All taxes remaining after deduction 162 of costsand the service chargeshall be distributed as follows: 163 (1) Amounts necessary to make payments on bonds issued 164 pursuant to s. 215.618 or s. 215.619, as provided under 165 paragraphs (3)(a) and (b), or on any other bonds authorized to 166 be issued on a parity basis with such bonds shall be deposited 167 into the Land Acquisition Trust Fund. 168 (2) If the amounts deposited pursuant to subsection (1) are 169 less than 33 percent of all taxes collected after first 170 deducting the costs of collection, an amount equal to 33 percent 171 of all taxes collected after first deducting the costs of 172 collection, minus the amounts deposited pursuant to subsection 173 (1), shall be deposited into the Land Acquisition Trust Fund. 174 (3) Amounts on deposit in the Land Acquisition Trust Fund 175Sixty-three and thirty-one hundredths percent of the remaining176taxesshall be used inforthe following orderpurposes: 177 (a) Payment ofAmounts necessary to pay thedebt service 178on,or funding offunddebt service reserve funds, rebate 179 obligations, or other amounts payable with respect to 180Preservation 2000 bonds issued pursuant to s. 375.051 and181 Florida Forever bonds issued pursuant to s. 215.618, shall be182paid into the State Treasury to the credit of the Land183Acquisition Trust Fund to be used for such purposes. The amount 184 used for such purposestransferred to the Land Acquisition Trust185Fundmay not exceed $300 million in each fiscal year1999-2000186and thereafter for Preservation 2000 bonds and bonds issued to187refund Preservation 2000 bonds, and $300 million in fiscal year1882000-2001 and thereafter for Florida Forever bonds.The annual189amount transferred to the Land Acquisition Trust Fund for190Florida Forever bonds may not exceed $30 million in the first191fiscal year in which bonds are issued. The limitation on the192amount transferred shall be increased by an additional $30193million in each subsequent fiscal year, but may not exceed a194total of $300 million in any fiscal year for all bonds issued.195 It is the intent of the Legislature that all bonds issued to 196 fund the Florida Forever Act be retired by December 31, 2040. 197 Except for bonds issued to refund previously issued bonds, no 198 series of bonds may be issued pursuant to this paragraph unless 199 such bonds are approved and the debt service for the remainder 200 of the fiscal year in which the bonds are issued is specifically 201 appropriated in the General Appropriations Act.For purposes of202refunding Preservation 2000 bonds, amounts designated within203this section for Preservation 2000 and Florida Forever bonds may204be transferred between the two programs to the extent provided205for in the documents authorizing the issuance of the bonds. The206Preservation 2000 bonds and Florida Forever bonds are equally207and ratably secured by moneys distributable to the Land208Acquisition Trust Fund pursuant to this section, except as209specifically provided otherwise by the documents authorizing the210issuance of the bonds. Moneys transferred to the Land211Acquisition Trust Fund pursuant to this paragraph, or earnings212thereon, may not be used or made available to pay debt service213on the Save Our Coast revenue bonds.214 (b) Payment ofMoneys shall be paidinto the State Treasury215to the credit of the Save Our Everglades Trust Fund in amounts216necessary to paydebt service,or funding of debt service 217 reserve fundsprovidereserves,andpayrebate obligations, or 218andother amounts due with respect to Everglades restoration 219 bonds issued pursuant tounders. 215.619. Taxes distributed 220 under paragraph (a) and this paragraph must be collectively 221 distributed on a pro rata basis when the available moneys under 222 this subsection are not sufficient to cover the amounts required 223 under paragraph (a) and this paragraph. 224 225 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 226 and ratably secured by moneys distributable to the Land 227 Acquisition Trust Fund. 228 (4)(c)After the required distributions to the Land 229 Acquisition Trust Fund pursuant to subsections (1) and (2) and 230 deduction of the service charge imposed pursuant to s. 215.20(1) 231payments under paragraphs (a) and (b), the remainder shall be 232 distributed as followspaid into the State Treasury to the233credit of: 234 (a)1.The State Transportation Trust Fund in the Department235of Transportation in the amount ofThe lesser of 24.1844238.2236 percent of the remainder or $541.75 million in each fiscal year 237 shall be paid into the State Treasury to the credit of the State 238 Transportation Trust Fund.OutOf such funds,the first $50239million for the 2012-2013 fiscal year; $65 million for the 20132402014 fiscal year; and$75 million for eachthe 2014-2015fiscal 241 yearand all subsequent years,shall be transferred to the State 242 Economic Enhancement and Development Trust Fund within the 243 Department of Economic Opportunity. Notwithstanding any other 244 law, the remaining amount credited to the State Transportation 245 Trust Fund shallremainder is tobe used forthe following246specified purposes, notwithstanding any other law to the247contrary: 248 1.a.For the purposes ofCapital funding for the New Starts 249 Transit Program, authorized by Title 49, U.S.C. s. 5309 and 250 specified in s. 341.051, in the amount of 10 percent of the 251thesefunds; 252 2.b.For the purposes ofThe Small County Outreach Program 253 specified in s. 339.2818, in the amount of 105percent of the 254thesefunds. Effective July 1, 2014, the percentage allocated255under this sub-subparagraph shall be increased to 10 percent; 256 3.c.For the purposes ofThe Strategic Intermodal System 257 specified in ss. 339.61, 339.62, 339.63, and 339.64, in the 258 amount of 75 percent of thethesefunds after deduction of the 259 payments required pursuant to subparagraphs 1. and 2.allocating260for the New Starts Transit Program described in sub-subparagraph261a. and the Small County Outreach Program described in sub262subparagraph b.; and 263 4.d.For the purposes ofThe Transportation Regional 264 Incentive Program specified in s. 339.2819, in the amount of 25 265 percent of thethesefunds after deduction of the payments 266 required pursuant to subparagraphs 1. and 2.allocating for the267New Starts Transit Program described in sub-subparagraph a. and268the Small County Outreach Program described in sub-subparagraph269b. Effective July 1, 2014,The first $60 million of the funds 270 allocated pursuant to this subparagraphsub-subparagraphshall 271 be allocated annually to the Florida Rail Enterprise for the 272 purposes established in s. 341.303(5). 273 (b)2.The Grants and Donations Trust Fund in the Department274of Economic Opportunity in the amount ofThe lesser of 0.1456 275.23percent of the remainder or $3.25 million in each fiscal 276 year shall be paid into the State Treasury to the credit of the 277 Grants and Donations Trust Fund in the Department of Economic 278 Opportunity to fund technical assistance to local governments. 2793. The Ecosystem Management and Restoration Trust Fund in280the amount of the lesser of 2.12 percent of the remainder or $30281million in each fiscal year, to be used for the preservation and282repair of the state’s beaches as provided in ss. 161.091283161.212.2844. General Inspection Trust Fund in the amount of the285lesser of .02 percent of the remainder or $300,000 in each286fiscal year to be used to fund oyster management and restoration287programs as provided in s. 379.362(3).288 289 Moneys distributed pursuant to paragraphs (a) and (b)this290paragraphmay not be pledged for debt service unless such pledge 291 is approved by referendum of the voters. 292(d)After the required payments under paragraphs (a), (b),293and (c), the remainder shall be paid into the State Treasury to294the credit of the General Revenue Fund to be used and expended295for the purposes for which the General Revenue Fund was created296and exists by law.297(2) The lesser of 7.56 percent of the remaining taxes or298$84.9 million in each fiscal year shall be distributed as299follows:300(a) Six million and three hundred thousand dollars shall be301paid into the State Treasury to the credit of the General302Revenue Fund.303(b) The remainder shall be paid into the State Treasury to304the credit of the Land Acquisition Trust Fund. Sums deposited in305the fund pursuant to this subsection may be used for any purpose306for which funds deposited in the Land Acquisition Trust Fund may307lawfully be used.308(3)(a) The lesser of 1.94 percent of the remaining taxes or309$26 million in each fiscal year shall be distributed in the310following order:3111. Amounts necessary to pay debt service or to fund debt312service reserve funds, rebate obligations, or other amounts313payable with respect to bonds issued before February 1, 2009,314pursuant to this subsection shall be paid into the State315Treasury to the credit of the Land Acquisition Trust Fund.3162. Eleven million dollars shall be paid into the State317Treasury to the credit of the General Revenue Fund.3183. The remainder shall be paid into the State Treasury to319the credit of the Land Acquisition Trust Fund.320(b) Moneys deposited in the Land Acquisition Trust Fund321pursuant to this subsection shall be used to acquire coastal322lands or to pay debt service on bonds issued to acquire coastal323lands and to develop and manage lands acquired with moneys from324the trust fund.325(4) The lesser of 4.2 percent of the remaining taxes or326$60.5 million in each fiscal year shall be paid into the State327Treasury to the credit of the Water Management Lands Trust Fund.328Sums deposited in that fund may be used for any purpose329authorized in s. 373.59. An amount equal to the amounts330necessary to pay debt service or to fund debt service reserve331funds, rebate obligations, or other amounts payable with respect332to bonds authorized pursuant to s. 215.619(1)(a)2. and the333proviso associated with Specific Appropriation 1626A of the3342014-2015 General Appropriations Act shall be transferred335annually from the Water Management Lands Trust Fund to the336General Revenue Fund.337(5) Of the remaining taxes, 3.52 percent shall be paid into338the State Treasury to the credit of the Conservation and339Recreation Lands Trust Fund to carry out the purposes set forth340in s. 259.032. Eleven and fifteen hundredths percent of the341amount credited to the Conservation and Recreation Lands Trust342Fund pursuant to this subsection shall be transferred to the343State Game Trust Fund and used for land management activities.344(6) The lesser of 2.28 percent of the remaining taxes or345$34.1 million in each fiscal year shall be paid into the State346Treasury to the credit of the Invasive Plant Control Trust Fund347to carry out the purposes set forth in ss. 369.22 and 369.252.348(7) The lesser of .5 percent of the remaining taxes or $9.3349million in each fiscal year shall be paid into the State350Treasury to the credit of the State Game Trust Fund to be used351exclusively for the purpose of implementing the Lake Restoration3522020 Program.353(8) One-half of one percent of the remaining taxes shall be354paid into the State Treasury and divided equally to the credit355of the Department of Environmental Protection Water Quality356Assurance Trust Fund to address water quality impacts associated357with nonagricultural nonpoint sources and to the credit of the358Department of Agriculture and Consumer Services General359Inspection Trust Fund to address water quality impacts360associated with agricultural nonpoint sources, respectively.361These funds shall be used for research, development,362demonstration, and implementation of suitable best management363practices or other measures used to achieve water quality364standards in surface waters and water segments identified365pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92366500, 33 U.S.C. ss. 1251 et seq. Implementation of best367management practices and other measures may include cost-share368grants, technical assistance, implementation tracking, and369conservation leases or other agreements for water quality370improvement. The Department of Environmental Protection and the371Department of Agriculture and Consumer Services may adopt rules372governing the distribution of funds for implementation of best373management practices. The unobligated balance of funds received374from the distribution of taxes collected under this chapter to375address water quality impacts associated with nonagricultural376nonpoint sources must be excluded when calculating the377unobligated balance of the Water Quality Assurance Trust Fund as378it relates to the determination of the applicable excise tax379rate.380 (c)(9)Eleven and twenty-fourSeven and fifty-three381 hundredths percent of the remainderremaining taxesin each 382 fiscal year shall be paid into the State Treasury to the credit 383 of the State Housing Trust Fund.OutOf such funds,beginning in384the 2012-2013 fiscal year,the first $35 million shall be 385 transferred annually, subject to any distribution required under 386 subsection (5)(15), to the State Economic Enhancement and 387 Development Trust Fund within the Department of Economic 388 Opportunity. The remainder shall be used as follows: 389 1.(a)Half of that amount shall be used for the purposes 390 for which the State Housing Trust Fund was created and exists by 391 law. 392 2.(b)Half of that amount shall be paid into the State 393 Treasury to the credit of the Local Government Housing Trust 394 Fund and used for the purposes for which the Local Government 395 Housing Trust Fund was created and exists by law. 396 (d)(10)Twelve and ninety-threeEight and sixty-six397 hundredths percent of the remainderremaining taxesin each 398 fiscal year shall be paid into the State Treasury to the credit 399 of the State Housing Trust Fund.OutOf such funds,beginning in400the 2012-2013 fiscal year,the first $40 million shall be 401 transferred annually, subject to any distribution required under 402 subsection (5)(15), to the State Economic Enhancement and 403 Development Trust Fund within the Department of Economic 404 Opportunity. The remainder shall be used as follows: 405 1.(a)Twelve and one-half percent of that amount shall be 406 deposited into the State Housing Trust Fund andbeexpended by 407 the Department of Economic Opportunity andbythe Florida 408 Housing Finance Corporation for the purposes for which the State 409 Housing Trust Fund was created and exists by law. 410 2.(b)Eighty-seven and one-half percent of that amount 411 shall be distributed to the Local Government Housing Trust Fund 412 and used for the purposes for which the Local Government Housing 413 Trust Fund was created and exists by law. Funds from this 414 category may also be used to provide for state and local 415 services to assist the homeless. 416 (e) The lesser of 0.017 percent of the remainder or 417 $300,000 in each fiscal year shall be paid into the State 418 Treasury to the credit of the General Inspection Trust Fund to 419 be used to fund oyster management and restoration programs as 420 provided in s. 379.362(3). 421(11) The distribution of proceeds deposited into the Water422Management Lands Trust Fund and the Conservation and Recreation423Lands Trust Fund, pursuant to subsections (4) and (5), may not424be used for land acquisition but may be used for preacquisition425costs associated with land purchases. The Legislature intends426that the Florida Forever program supplant the acquisition427programs formerly authorized under ss. 259.032 and 373.59.428(12) Amounts distributed pursuant to subsections (5), (6),429(7), and (8) are subject to the payment of debt service on430outstanding Conservation and Recreation Lands revenue bonds.431(13) In each fiscal year that the remaining taxes exceed432collections in the prior fiscal year, the stated maximum dollar433amounts provided in subsections (2), (4), (6), and (7) shall434each be increased by an amount equal to 10 percent of the435increase in the remaining taxes collected under this chapter436multiplied by the applicable percentage provided in those437subsections.438(14) If the payment requirements in any year for bonds439outstanding on July 1, 2007, or bonds issued to refund such440bonds, exceed the limitations of this section, distributions to441the trust fund from which the bond payments are made must be442increased to the lesser of the amount needed to pay bond443obligations or the limit of the applicable percentage444distribution provided in subsections (1)-(10).445 (5)(15)Distributions to the State Housing Trust Fund 446 pursuant to paragraphs (4)(c) and (d)subsections (9) and (10)447 must be sufficient to cover amounts required to be transferred 448 to the Florida Affordable Housing Guarantee Program’s annual 449 debt service reserve and guarantee fund pursuant to s. 450 420.5092(6)(a) and (b) up to the amount required to be 451 transferred to such reserve and fund based on the percentage 452 distribution of documentary stamp tax revenues to the State 453 Housing Trust Fund which is in effect in the 2004-2005 fiscal 454 year. 455(16) If amounts necessary to pay debt service or any other456amounts payable with respect to Preservation 2000 bonds, Florida457Forever bonds, or Everglades Restoration bonds authorized before458January 1, 2015, exceed the amounts distributable pursuant to459subsection (1), all moneys distributable pursuant to this460section are available for such obligations and transferred in461the amounts necessary to pay such obligations when due. However,462amounts distributable pursuant to subsection (2), subsection463(3), subsection (4), subsection (5), paragraph (9)(a), or464paragraph (10)(a) are not available to pay such obligations to465the extent that such moneys are necessary to pay debt service on466bonds secured by revenues pursuant to those provisions.467 (6)(17)After the distributions provided in the preceding 468 subsections, any remaining taxes shall be paid into the State 469 Treasury to the credit of the General Revenue Fund. 470 Section 10. Paragraphs (a) and (b) of subsection (6) of 471 section 211.3103, Florida Statutes, are amended to read: 472 211.3103 Levy of tax on severance of phosphate rock; rate, 473 basis, and distribution of tax.— 474 (6)(a) Beginning January 1, 2023July 1 of the 2011-2012475fiscal year, the proceeds of all taxes, interest, and penalties 476 imposed under this section are exempt from the general revenue 477 service charge provided in s. 215.20, and such proceeds shall be 478 paid into the State Treasury as follows: 479 1. To the credit of the State ParkConservation and480Recreation LandsTrust Fund, 25.5 percent. 481 2. To the credit of the General Revenue Fund of the state, 482 35.7 percent. 483 3. For payment to counties in proportion to the number of 484 tons of phosphate rock produced from a phosphate rock matrix 485 located within such political boundary, 12.8 percent. The 486 department shall distribute this portion of the proceeds 487 annually based on production information reported by the 488 producers on the annual returns for the taxable year. Any such 489 proceeds received by a county shall be used only for phosphate 490 related expenses. 491 4. For payment to counties that have been designated as a 492 rural area of opportunity pursuant to s. 288.0656 in proportion 493 to the number of tons of phosphate rock produced from a 494 phosphate rock matrix located within such political boundary, 495 10.0 percent. The department shall distribute this portion of 496 the proceeds annually based on production information reported 497 by the producers on the annual returns for the taxable year. 498 Payments under this subparagraph shall be made to the counties 499 unless the Legislature by special act creates a local authority 500 to promote and direct the economic development of the county. If 501 such authority exists, payments shall be made to that authority. 502 5. To the credit of the Nonmandatory Land Reclamation Trust 503 Fund, 6.2 percent. 504 6. To the credit of the Phosphate Research Trust Fund in 505 the Division of Universities of the Department of Education, 6.2 506 percent. 507 7. To the credit of the Minerals Trust Fund, 3.6 percent. 508 (b) Notwithstanding paragraph (a), from JulyJanuary1, 509 2015, until December 31, 2022, the proceeds of all taxes, 510 interest, and penalties imposed under this section are exempt 511 from the general revenue service charge provided in s. 215.20, 512 and such proceeds shall be paid to the State Treasury as 513 follows: 514 1. To the credit of the State ParkConservation and515Recreation LandsTrust Fund, 22.8 percent. 516 2. To the credit of the General Revenue Fund of the state, 517 31.9 percent. 518 3. For payment to counties pursuant to subparagraph (a)3., 519 11.5 percent. 520 4. For payment to counties pursuant to subparagraph (a)4., 521 8.9 percent. 522 5. To the credit of the Nonmandatory Land Reclamation Trust 523 Fund, 16.1 percent. 524 6. To the credit of the Phosphate Research Trust Fund in 525 the Division of Universities of the Department of Education, 5.6 526 percent. 527 7. To the credit of the Minerals Trust Fund, 3.2 percent. 528 Section 11. Subsection (2) of section 215.20, Florida 529 Statutes, is amended to read: 530 215.20 Certain income and certain trust funds to contribute 531 to the General Revenue Fund.— 532 (2) Notwithstanding the provisions of subsection (1), the 533 trust funds of the Department of Citrus and the Department of 534 Agriculture and Consumer Services, including funds collected in 535 the General Inspection Trust Fund for marketing orders and in 536 the Florida Citrus Advertising Trust Fund, shall be subject to a 537 4 percent service charge, which is hereby appropriated to the 538 General Revenue Fund. This subsectionparagraphdoes not apply 539 tothe Conservation and Recreation Lands Program Trust Fund,the 540 Citrus Inspection Trust Fund, the Florida Forever Program Trust 541 Fund, the Market Improvements Working Capital Trust Fund, the 542 Pest Control Trust Fund, the Plant Industry Trust Fund, or other 543 funds collected in the General Inspection Trust Fund in the 544 Department of Agriculture and Consumer Services. 545 Section 12. Paragraph (a) of subsection (1) and subsections 546 (2), (3), and (6) of section 215.618, Florida Statutes, are 547 amended to read: 548 215.618 Bonds for acquisition and improvement of land, 549 water areas, and related property interests and resources.— 550 (1)(a) The issuance of Florida Forever bonds, not to exceed 551 $5.3 billion, to finance or refinance the cost of acquisition 552 and improvement of land, water areas, and related property 553 interests and resources, in urban and rural settings, for the 554 purposes of restoration, conservation, recreation, water 555 resource development, or historical preservation, and for 556 capital improvements to lands and water areas that accomplish 557 environmental restoration, enhance public access and 558 recreational enjoyment, promote long-term management goals, and 559 facilitate water resource development is hereby authorized, 560 subject tothe provisions ofs. 259.105 and pursuant to s. 561 11(e), Art. VII of the State Constitution and, on or after July 562 1, 2015, to also finance or refinance the acquisition and 563 improvement of land, water areas, and related property interests 564 as provided in s. 28, Art. X of the State Constitution.Florida565Forever bonds may also be issued to refund Preservation 2000566bonds issued pursuant to s. 375.051.The $5.3 billion limitation 567 on the issuance of Florida Forever bonds does not apply to 568 refunding bonds. The duration of each series of Florida Forever 569 bonds issued may not exceed 20 annual maturities. Not more than 570 58.25 percent of documentary stamp taxes collected may be taken 571 into account for the purpose of satisfying an additional bonds 572 test set forth in any authorizing resolution for bonds issued on 573 or after July 1, 2015Preservation 2000 bonds and Florida574Forever bonds shall be equally and ratably secured by moneys575distributable to the Land Acquisition Trust Fund pursuant to s.576201.15(1)(a), except to the extent specifically provided577otherwise by the documents authorizing the issuance of the578bonds. 579 (2) The state covenantsdoes hereby covenantwith the 580 holders of Florida Forever bondsand Preservation 2000 bonds581 that it will not take any action which will materially and 582 adversely affect the rights of such holders so long as such 583 bonds are outstanding, including, but not limited to, a 584 reduction in the portion of documentary stamp taxes 585 distributable to the Land Acquisition Trust Fund for payment of 586 debt service onPreservation 2000 bonds orFlorida Forever 587 bonds. 588 (3) Bonds issued pursuant to this section areshall be589 payable from taxes distributable to the Land Acquisition Trust 590 Fund pursuant to s. 201.15s. 201.15(1)(a). Bonds issued 591 pursuant to this section doshallnot constitute a general 592 obligation of, or a pledge of the full faith and credit of, the 593 state. 594(6) Pursuant to authority granted by s. 11(e), Art. VII of595the State Constitution, there is hereby continued and re-created596the Land Acquisition Trust Fund which shall be a continuation of597the Land Acquisition Trust Fund which exists for purposes of s.5989(a)(1), Art. XII of the State Constitution. The Land599Acquisition Trust Fund shall continue beyond the termination of600bonding authority provided for in s. 9(a)(1), Art. XII of the601State Constitution, pursuant to the authority provided by s.60211(e), Art. VII of the State Constitution and shall continue for603so long as Preservation 2000 bonds or Florida Forever bonds are604outstanding and secured by taxes distributable thereto.605 Section 13. Paragraph (b) of subsection (1) and subsections 606 (2) and (3) of section 215.619, Florida Statutes, are amended to 607 read: 608 215.619 Bonds for Everglades restoration.— 609 (1) The issuance of Everglades restoration bonds to finance 610 or refinance the cost of the acquisition and improvement of 611 land, water areas, and related property interests and resources 612 for the purpose of implementing the Comprehensive Everglades 613 Restoration Plan under s. 373.470, the Lake Okeechobee Watershed 614 Protection Plan under s. 373.4595, the Caloosahatchee River 615 Watershed Protection Plan under s. 373.4595, the St. Lucie River 616 Watershed Protection Plan under s. 373.4595, and the Florida 617 Keys Area of Critical State Concern protection program under ss. 618 380.05 and 380.0552 in order to restore and conserve natural 619 systems through the implementation of water management projects, 620 including wastewater management projects identified in the Keys 621 Wastewater Plan, dated November 2007, and submitted to the 622 Florida House of Representatives on December 4, 2007, is 623 authorized in accordance with s. 11(e), Art. VII of the State 624 Constitution. 625 (b) The duration of Everglades restoration bonds may not 626 exceed 20 annual maturities and must mature by December 31, 627 2040. Except for refunding bonds, a series of bonds may not be 628 issued unless an amount equal to the debt service coming due in 629 the year of issuance has been appropriated by the Legislature. 630 Not more than 58.25 percent of documentary stamp taxes collected 631 may be taken into account for the purpose of satisfying an 632 additional bonds test set forth in any authorizing resolution 633 for bonds issued on or after July 1, 2015. Beginning July 1, 634 2010, the Legislature shall analyze the ratio of the state’s 635 debt to projected revenues before authorizing the issuance of 636 bonds under this section. 637 (2) The state covenants with the holders of Everglades 638 restoration bonds that it will not take any action that will 639 materially and adversely affect the rights of the holders so 640 long as the bonds are outstanding, including, but not limited 641 to, a reduction in the portion of documentary stamp taxes 642 distributable under s. 205.15s. 201.15(1)for payment of debt 643 service onPreservation 2000 bonds,Florida Forever bonds,or 644 Everglades restoration bonds. 645 (3) Everglades restoration bonds are payable from, and 646 secured by a first lien on, taxes distributable under s. 201.15 647s. 201.15(1)(b)and do not constitute a general obligation of, 648 or a pledge of the full faith and credit of, the state. 649 Everglades restoration bonds shall be secured on a parity basis 650 with Florida Forever bonds issued pursuant to s. 215.618secured651by moneys distributable under s. 201.15(1)(a). 652 Section 14. Subsection (5) of section 253.027, Florida 653 Statutes, is amended to read: 654 253.027 Emergency archaeological property acquisition.— 655 (5) ACCOUNT EXPENDITURES.— 656 (a) No moneys shall be spent for the acquisition of any 657 property, including title works, appraisal fees, and survey 658 costs, unless: 659 1. The property is an archaeological property of major 660 statewide significance. 661 2. The structures, artifacts, or relics, or their historic 662 significance, will be irretrievably lost if the state cannot 663 acquire the property. 664 3. The site is presently on an acquisition list for 665Conservation and Recreation Lands or forFlorida Forever lands,666 or complies with the criteria for inclusion on any such list, 667 but has yet to be included on the list. 668 4. No other source of immediate funding is available to 669 purchase or otherwise protect the property. 670 5. The site is not otherwise protected by local, state, or 671 federal laws. 672 6. The acquisition is not inconsistent with the state 673 comprehensive plan and the state land acquisition program. 674 (b) No moneys shall be spent from the account for 675 excavation or restoration of the properties acquired. Funds may 676 be spent for preliminary surveys to determine if the sites meet 677 the criteria of this section. An amount not to exceed $100,000 678 may also be spent from the account to inventory and evaluate 679 archaeological and historic resources on properties purchased, 680 or proposed for purchase, pursuant to s. 259.105(3)(b)s.681259.032. 682 Section 15. Subsection (12) of section 253.03, Florida 683 Statutes, is amended to read: 684 253.03 Board of trustees to administer state lands; lands 685 enumerated.— 686 (12) The Board of Trustees of the Internal Improvement 687 Trust Fund is hereby authorized to administer, manage, control, 688 conserve, protect, and sell all real property forfeited to the 689 state pursuant to ss. 895.01-895.09 or acquired by the state 690 pursuant to s. 607.0505 or former s. 620.192. The board is 691 directed to immediately determine the value of all such property 692 and shall ascertain whether the property is in any way 693 encumbered. If the board determines that it is in the best 694 interest of the state to do so, funds from the Internal 695 Improvement Trust Fund may be used to satisfy any such 696 encumbrances. If forfeited property receipts are not sufficient 697 to satisfy encumbrances on the property and expenses permitted 698 under this section, funds from another appropriatethe Land699Acquisitiontrust fund may be used to satisfy any such 700 encumbrances and expenses. All property acquired by the board 701 pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09 702 shall be sold as soon as commercially feasible unless the 703 Attorney General recommends and the board determines that 704 retention of the property in public ownership would effectuate 705 one or more of the following policies of statewide significance: 706 protection or enhancement of floodplains, marshes, estuaries, 707 lakes, rivers, wilderness areas, wildlife areas, wildlife 708 habitat, or other environmentally sensitive natural areas or 709 ecosystems; or preservation of significant archaeological or 710 historical sites identified by the Secretary of State. In such 711 event the property shall remain in the ownership of the board, 712 to be controlled, managed, and disposed of in accordance with 713 this chapter, and the Internal Improvement Trust Fund shall be 714 reimbursed from the Land Acquisition Trust Fund, or other 715 appropriate fund designated by the board, for any funds expended 716 from the Internal Improvement Trust Fund pursuant to this 717 subsection in regard to such property. Upon the recommendation 718 of the Attorney General, the board may reimburse the 719 investigative agency for its investigative expenses, costs, and 720 attorneys’ fees, and may reimburse law enforcement agencies for 721 actual expenses incurred in conducting investigations leading to 722 the forfeiture of such property from funds deposited in the 723 Internal Improvement Trust Fund of the Department of 724 Environmental Protection. The proceeds of the sale of property 725 acquired under s. 607.0505, former s. 620.192, or ss. 895.01 726 895.09 shall be distributed as follows: 727 (a) After satisfaction of any valid claims arising under 728the provisions ofs. 895.09(1)(a) or (b), any moneys used to 729 satisfy encumbrances and expended as costs of administration, 730 appraisal, management, conservation, protection, sale, and real 731 estate sales services and any interest earnings lost to theLand732Acquisitiontrust fund that was used as of a date certified by 733 the Department of Environmental Protection shall be replaced 734 first in theLand Acquisitiontrust fund that was used to 735 satisfy any such encumbrance or expense, if those funds were 736 used, and then in the Internal Improvement Trust Fund; and 737 (b) The remainder shall be distributed as set forth in s. 738 895.09. 739 Section 16. Subsection (3), paragraphs (a) and (k) through 740 (n) of subsection (6), and subsections (10) and (11) of section 741 253.034, Florida Statutes, are amended to read: 742 253.034 State-owned lands; uses.— 743 (3) RecognizingIn recognitionthat recreational trails 744 purchased with rails-to-trails funds pursuant to former s. 745 259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have 746 had historic transportation uses and that their linear character 747 may extend many miles, the Legislature intends that ifwhenthe 748 necessity arises to serve public needs, after balancing the need 749 to protect trail users from collisions with automobiles and a 750 preference for the use of overpasses and underpasses to the 751 greatest extent feasible and practical, transportation uses 752 shall be allowed to cross recreational trails purchased pursuant 753 to former s. 259.101(3)(g), Florida Statutes 2014, or s. 754 259.105(3)(h). When these crossings are needed, the location and 755 design should consider and mitigate the impact on humans and 756 environmental resources, and the value of the land shall be paid 757 based on fair market value. 758 (6) The Board of Trustees of the Internal Improvement Trust 759 Fund shall determine which lands, the title to which is vested 760 in the board, may be surplused. For conservation lands, the 761 board shall determine whether the lands are no longer needed for 762 conservation purposes and may dispose of them by an affirmative 763 vote of at least three members. In the case of a land exchange 764 involving the disposition of conservation lands, the board must 765 determine by an affirmative vote of at least three members that 766 the exchange will result in a net positive conservation benefit. 767 For all other lands, the board shall determine whether the lands 768 are no longer needed and may dispose of them by an affirmative 769 vote of at least three members. 770 (a) For the purposes of this subsection, all lands acquired 771 by the state before July 1, 1999, using proceeds from 772 Preservation 2000 bonds, the former Conservation and Recreation 773 Lands Trust Fund, the former Water Management Lands Trust Fund, 774 Environmentally Endangered Lands Program, and the Save Our Coast 775 Program and titled to the board which are identified as core 776 parcels or within original project boundaries are deemed to have 777 been acquired for conservation purposes. 778 (k) Proceeds from theanysale of surplus conservation 779 lands purchased before July 1, 2015,pursuant to this subsection780 shall be deposited into the Florida Forever Trust Fundfrom781which such lands were acquired. 782 (l) Proceeds from the sale of surplus conservation lands 783 purchased on or after July 1, 2015, shall be deposited into the 784 Land Acquisition Trust Fund, except when such lands were 785 purchased with funds other than those from the Land Acquisition 786 Trust Fund or a land acquisition trust fund created to implement 787 s. 28, Art. X of the State Constitution, the proceeds shall be 788 deposited into the fund from which the lands were purchased 789However, if the fund from which the lands were originally790acquired no longer exists, such proceeds shall be deposited into791an appropriate account to be used for land management by the792lead managing agency assigned the lands before the lands were793declared surplus. 794 (m) Funds received from the sale of surplus nonconservation 795 lands,or lands that were acquired by gift, by donation, or for 796 no consideration,shall be deposited into the Internal 797 Improvement Trust Fund. 798 (n)(l)Notwithstanding this subsection, such disposition of 799 land may not be made if it would have the effect of causing all 800 or any portion of the interest on any revenue bonds issued to 801 lose the exclusion from gross income for federal income tax 802 purposes. 803 (o)(m)The sale of filled, formerly submerged land that 804 does not exceed 5 acres in area is not subject to review by the 805 council or its successor. 806 (p)(n)The board may adopt rules to administer this section 807 which may include procedures for administering surplus land 808 requests and criteria for when the division may approve requests 809 to surplus nonconservation lands on behalf of the board. 810 (10) The following additional uses of conservation lands 811 acquired pursuant to the Florida Forever program and other 812 state-funded conservation land purchase programs shall be 813 authorized, upon a finding by the board of trustees, if they 814 meet the criteria specified in paragraphs (a)-(e): water 815 resource development projects, water supply development 816 projects, stormwater management projects, linear facilities, and 817 sustainable agriculture and forestry. Such additional uses are 818 authorized where: 819 (a) Not inconsistent with the management plan for such 820 lands; 821 (b) Compatible with the natural ecosystem and resource 822 values of such lands; 823 (c) The proposed use is appropriately located on such lands 824 and where due consideration is given to the use of other 825 available lands; 826 (d) The using entity reasonably compensates the titleholder 827 for such use based upon an appropriate measure of value; and 828 (e) The use is consistent with the public interest. 829 830 A decision by the board of trustees pursuant to this section 831 shall be given a presumption of correctness. Moneys received 832 from the use of state lands pursuant to this section shall be 833 returned to the lead managing entity in accordance with s. 834 259.032(9)(c)the provisions of s. 259.032(11)(c). 835 (11) Lands listed as projects for acquisition may be 836 managed for conservation pursuant to s. 259.032, on an interim 837 basis by a private party in anticipation of a state purchase in 838 accordance with a contractual arrangement between the acquiring 839 agency and the private party that may include management service 840 contracts, leases, cost-share arrangements or resource 841 conservation agreements. Lands designated as eligible under this 842 subsection shall be managed to maintain or enhance the resources 843 the state is seeking to protect by acquiring the land. Funding 844 for these contractual arrangements may originate from the 845 documentary stamp tax revenue deposited into the Land 846 AcquisitionConservation and Recreation LandsTrust Fundand847Water Management Lands Trust Fund. No more than $6.2 million may 848 be expended from the Land Acquisition Trust Fund5 percent of849funds allocated under the trust funds shall be expendedfor this 850 purpose. 851 Section 17. Section 253.7824, Florida Statutes, is amended 852 to read: 853 253.7824 Sale of products; proceeds.—The department may 854 authorize the removal and sale of products from the land where 855 environmentally appropriate, the proceeds from which shall be 856 deposited into the appropriatein the Land Acquisitiontrust 857 fund in accordance with the same disposition provided under s. 858 253.034(6)(k), (l), or (m) applicable to the sale of land. 859 Section 18. Paragraph (b) of subsection (3) of section 860 258.015, Florida Statutes, is amended to read: 861 258.015 Citizen support organizations; use of property; 862 audit.— 863 (3) PARTNERSHIPS IN PARKS.— 864 (b) The Legislature may annually appropriate funds from the 865 Land Acquisition Trust Fund for use only as state matching 866 funds, in conjunction with private donations in aggregates of at 867 least $60,000 matched by $40,000 of state funds for a total 868 minimum project amount of $100,000 for capital improvement 869 facility development at state parks, at either individually 870 designated parks or for priority projects within the overall 871 state park system. Not more than 30 percent of the Land 872 Acquisition Trust Fund unencumbered fund balance or $3 million, 873 whichever is less, shall be reserved, available annually for 874 matching private donations. The amount held in reserve for the 875 state match will be no greater than $6 million for any fiscal 876 year. State funds from the Land Acquisition Trust Fund or other 877 appropriate funding sources shall be used for matching private 878 donations for 40 percent of the projects’ costs. Funds held in 879 reserve for the purposes of this subsection shall be available 880 only after the requirements of s. 375.041(4)s. 375.041(3)are 881 met. Citizen support organizations organized and operating for 882 the benefit of state parks may acquire private donations 883 pursuant to this section, and matching state funds for approved 884 projects may be provided in accordance with this subsection. The 885 department is authorized to properly recognize and honor a 886 private donor by placing a plaque or other appropriate 887 designation noting the contribution on project facilities or by 888 naming project facilities after the person or organization that 889 provided matching funds. The department is authorized to adopt 890 necessary administrative rules to carry out the purposes of this 891 subsection. 892 Section 19. Subsections (1) and (2) of section 258.435, 893 Florida Statutes, are amended to read: 894 258.435 Use of aquatic preserves for the accommodation of 895 visitors.— 896 (1) The Department of Environmental Protection shall 897 promote the public use of aquatic preserves and their associated 898 uplands. The department may receive gifts and donations to carry 899 out the purpose of this part. Moneys received in trust by the 900 department by gift, devise, appropriation, or otherwise, subject 901 to the terms of such trust, shall be deposited into the Grants 902 and DonationsLand AcquisitionTrust Fund and appropriated to 903 the department for the administration, development, improvement, 904 promotion, and maintenance of aquatic preserves and their 905 associated uplands and for any future acquisition or development 906 of aquatic preserves and their associated uplands. 907 (2) The department may grant a privilege or concession for 908 the accommodation of visitors in and use of aquatic preserves 909 and their associated state-owned uplands if the privilege or 910 concession does not deny or interfere with the public’s access 911 to such lands and is compatible with the aquatic preserve’s 912 management plan as approved by the Acquisition and Restoration 913 Council. Moneys received by the department under this subsection 914 shall be deposited into the Internal Improvement Trust Fund. A 915 concession must be granted based on business plans, 916 qualifications, approach, and specified expectations or 917 criteria. A privilege or concession may not be assigned or 918 transferred by the grantee without the consent of the 919 department. 920 Section 20. Section 259.032, Florida Statutes, is amended 921 to read: 922 259.032 Conservation and recreation landsTrust Fund;923purpose.— 924 (1) It is the policy of the state that the citizens of this 925 state shall be assured public ownership of natural areas for 926 purposes of maintaining this state’s unique natural resources; 927 protecting air, land, and water quality; promoting water 928 resource development to meet the needs of natural systems and 929 citizens of this state; promoting restoration activities on 930 public lands; and providing lands for natural resource based 931 recreation. In recognition of this policy, it is the intent of 932 the Legislature to provide such public lands for the people 933 residing in urban and metropolitan areas of the state, as well 934 as those residing in less populated, rural areas. It is the 935 further intent of the Legislature, with regard to the lands 936 described in paragraph (2)(c)(3)(c), that a high priority be 937 given to the acquisition, restoration, and management of such 938 lands in or near counties exhibiting the greatest concentration 939 of population and, with regard to the lands described in 940 subsection (2)(3), that a high priority be given to acquiring 941 lands or rights or interests in lands that advance the goals and 942 objectives of the Fish and Wildlife Conservation Commission’s 943 approved species or habitat recovery plans, or lands within any 944 area designated as an area of critical state concern under s. 945 380.05 which, in the judgment of the advisory council 946 established pursuant to s. 259.035, or its successor, cannot be 947 adequately protected by application of land development 948 regulations adopted pursuant to s. 380.05. Finally, it is the 949 Legislature’s intent that lands acquired for conservation and 950 recreation purposesthrough this program and any successor951programsbe managed in such a way as to protect or restore their 952 natural resource values, and provide the greatest benefit, 953 including public access, to the citizens of this state. 954(2)(a) The Conservation and Recreation Lands Trust Fund is955established within the Department of Environmental Protection.956The fund shall be used as a nonlapsing, revolving fund957exclusively for the purposes of this section. The fund shall be958credited with proceeds from the following excise taxes:9591. The excise taxes on documents as provided in s. 201.15;960and9612. The excise tax on the severance of phosphate rock as962provided in s. 211.3103.963 964The Department of Revenue shall credit to the fund each month965the proceeds from such taxes as provided in this paragraph.966(b) There shall annually be transferred from the967Conservation and Recreation Lands Trust Fund to the Land968Acquisition Trust Fund that amount, not to exceed $20 million969annually, as shall be necessary to pay the debt service on, or970fund debt service reserve funds, rebate obligations, or other971amounts with respect to bonds issued pursuant to s. 375.051 to972acquire lands on the established priority list developed973pursuant to ss. 259.101(4) and 259.105; however, no moneys974transferred to the Land Acquisition Trust Fund pursuant to this975paragraph, or earnings thereon, shall be used or made available976to pay debt service on the Save Our Coast revenue bonds. Amounts977transferred annually from the Conservation and Recreation Lands978Trust Fund to the Land Acquisition Trust Fund pursuant to this979paragraph shall have the highest priority over other payments or980transfers from the Conservation and Recreation Lands Trust Fund,981and no other payments or transfers shall be made from the982Conservation and Recreation Lands Trust Fund until such983transfers to the Land Acquisition Trust Fund have been made.984Moneys in the Conservation and Recreation Lands Trust Fund also985shall be used to manage lands and to pay for related costs,986activities, and functions pursuant to the provisions of this987section.988 (2)(3)The Governor and Cabinet, sitting as the Board of 989 Trustees of the Internal Improvement Trust Fund, may expend 990allocatemoneys appropriated by the Legislaturefrom the fund in991any one yearto acquire the fee or any lesser interest in lands 992 for the following public purposes: 993 (a) To conserve and protect environmentally unique and 994 irreplaceable lands that contain native, relatively unaltered 995 flora and fauna representing a natural area unique to, or scarce 996 within, a region of this state or a larger geographic area; 997 (b) To conserve and protect lands within designated areas 998 of critical state concern, if the proposed acquisition relates 999 to the natural resource protection purposes of the designation; 1000 (c) To conserve and protect native species habitat or 1001 endangered or threatened species, emphasizing long-term 1002 protection for endangered or threatened species designated G-1 1003 or G-2 by the Florida Natural Areas Inventory, and especially 1004 those areas that are special locations for breeding and 1005 reproduction; 1006 (d) To conserve, protect, manage, or restore important 1007 ecosystems, landscapes, and forests, if the protection and 1008 conservation of such lands is necessary to enhance or protect 1009 significant surface water, groundwater, coastal, recreational, 1010 timber, or fish or wildlife resources which cannot otherwise be 1011 accomplished through local and state regulatory programs; 1012 (e) To promote water resource development that benefits 1013 natural systems and citizens of the state; 1014 (f) To facilitate the restoration and subsequent health and 1015 vitality of the Florida Everglades; 1016 (g) To provide areas, including recreational trails, for 1017 natural resource based recreation and other outdoor recreation 1018 on any part of any site compatible with conservation purposes; 1019 (h) To preserve significant archaeological or historic 1020 sites; 1021 (i) To conserve urban open spaces suitable for greenways or 1022 outdoor recreation which are compatible with conservation 1023 purposes; or 1024 (j) To preserve agricultural lands under threat of 1025 conversion to development through less-than-fee acquisitions. 1026 (3)(4)Lands acquired for conservation and recreation 1027 purposesunder this sectionshall be for use as state-designated 1028 parks, recreation areas, preserves, reserves, historic or 1029 archaeological sites, geologic or botanical sites, recreational 1030 trails, forests, wilderness areas, wildlife management areas, 1031 urban open space, or other state-designated recreation or 1032 conservation lands; or they shall qualify for such state 1033 designation and use if they are to be managed by other 1034 governmental agencies or nonstate entities as provided for in 1035 this section. 1036 (4)(5)The board of trustees may expend funds appropriated 1037 by the Legislatureallocate, in any year, an amount not to1038exceed 5 percent of the money credited to the fund in that year,1039such allocation to be usedfor the initiation and maintenance of 1040 a natural areas inventory to aid in the identification of areas 1041 to be acquired for conservation and recreation purposespursuant1042to this section. 1043(6) Moneys in the fund not needed to meet obligations1044incurred under this section shall be deposited with the Chief1045Financial Officer to the credit of the fund and may be invested1046in the manner provided by law. Interest received on such1047investments shall be credited to the Conservation and Recreation1048Lands Trust Fund.1049 (5)(7)The board of trustees may enter into any contract 1050 necessary to accomplish the purposes of this section. The lead 1051 land managing agencies designated by the board of trustees also 1052 are directed by the Legislature to enter into contracts or 1053 interagency agreements with other governmental entities, 1054 including local soil and water conservation districts, or 1055 private land managers who have the expertise to perform specific 1056 management activities which a lead agency lacks, or which would 1057 cost more to provide in-house. Such activities shall include, 1058 but not be limited to, controlled burning, road and ditch 1059 maintenance, mowing, and wildlife assessments. 1060 (6)(8)Conservation and recreation landsto be considered1061for purchase under this sectionare subject to the selection 1062 procedures of s. 259.035 and related rules and shall be acquired 1063 in accordance with acquisition procedures for state lands 1064 provided for in s. 259.041, except as otherwise provided by the 1065 Legislature. An inholding or an addition to conservation and 1066 recreation landsa project selected for purchase pursuant to1067this chapteris not subject to the selection procedures of s. 1068 259.035 if the estimated value of such inholding or addition 1069 does not exceed $500,000. When at least 90 percent of the 1070 acreage of a project has been purchased for conservation and 1071 recreation purposespursuant to this chapter, the project may be 1072 removed from the list and the remaining acreage may continue to 1073 be purchased. Funds appropriated to acquire conservation and 1074 recreation landsMoneys from the fundmay be used for title 1075 work, appraisal fees, environmental audits, and survey costs 1076 related to acquisition expenses for lands to be acquired, 1077 donated, or exchanged which qualify under the categories of this 1078 section, at the discretion of the board. When the Legislature 1079 has authorized the Department of Environmental Protection to 1080 condemn a specific parcel of land and such parcel has already 1081 been approved for acquisitionunder this section, the land may 1082 be acquired in accordance with the provisions of chapter 73 or 1083 chapter 74, and the funds appropriated to acquire conservation 1084 and recreation landsfundmay be used to pay the condemnation 1085 award and all costs, includingareasonable attorney fees 1086attorney’s fee, associated with condemnation. 1087 (7)(9)All lands managed under this chapter and s. 253.034 1088 shall be: 1089 (a) Managed in a manner that will provide the greatest 1090 combination of benefits to the public and to the resources. 1091 (b) Managed for public outdoor recreation which is 1092 compatible with the conservation and protection of public lands. 1093 Such management may include, but not be limited to, the 1094 following public recreational uses: fishing, hunting, camping, 1095 bicycling, hiking, nature study, swimming, boating, canoeing, 1096 horseback riding, diving, model hobbyist activities, birding, 1097 sailing, jogging, and other related outdoor activities 1098 compatible with the purposes for which the lands were acquired. 1099 (c) Managed for the purposes for which the lands were 1100 acquired, consistent with paragraph (9)(a)(11)(a). 1101 (d) Concurrent with its adoption of the annualConservation1102and Recreation Landslist of acquisition projects pursuant to s. 1103 259.035, the board of trustees shall adopt a management 1104 prospectus for each project. The management prospectus shall 1105 delineate: 1106 1. The management goals for the property; 1107 2. The conditions that will affect the intensity of 1108 management; 1109 3. An estimate of the revenue-generating potential of the 1110 property, if appropriate; 1111 4. A timetable for implementing the various stages of 1112 management and for providing access to the public, if 1113 applicable; 1114 5. A description of potential multiple-use activities as 1115 described in this section and s. 253.034; 1116 6. Provisions for protecting existing infrastructure and 1117 for ensuring the security of the project upon acquisition; 1118 7. The anticipated costs of management and projected 1119 sources of revenue, including legislative appropriations, to 1120 fund management needs; and 1121 8. Recommendations as to how many employees will be needed 1122 to manage the property, and recommendations as to whether local 1123 governments, volunteer groups, the former landowner, or other 1124 interested parties can be involved in the management. 1125 (e) Concurrent with the approval of the acquisition 1126 contract pursuant to s. 259.041(3)(c) for any interest in lands 1127 except those lands being acquired under the provisions of s. 1128 259.1052, the board of trustees shall designate an agency or 1129 agencies to manage such lands. The board shall evaluate and 1130 amend, as appropriate, the management policy statement for the 1131 project as provided by s. 259.035, consistent with the purposes 1132 for which the lands are acquired. For any fee simple acquisition 1133 of a parcel which is or will be leased back for agricultural 1134 purposes, or any acquisition of a less-than-fee interest in land 1135 that is or will be used for agricultural purposes, the Board of 1136 Trustees of the Internal Improvement Trust Fund shall first 1137 consider having a soil and water conservation district, created 1138 pursuant to chapter 582, manage and monitor such interests. 1139 (f) State agencies designated to manage lands acquired 1140 under this chapter or with funds deposited into the Land 1141 Acquisition Trust Fund, except those lands acquired under s. 1142 259.1052, may contract with local governments and soil and water 1143 conservation districts to assist in management activities, 1144 including the responsibility of being the lead land manager. 1145 Such land management contracts may include a provision for the 1146 transfer of management funding to the local government or soil 1147 and water conservation district from the land acquisition 1148Conservation and Recreation Landstrust fund of the lead land 1149 managing agency in an amount adequate for the local government 1150 or soil and water conservation district to perform its 1151 contractual land management responsibilities and proportionate 1152 to its responsibilities, and which otherwise would have been 1153 expended by the state agency to manage the property. 1154 (g) Immediately following the acquisition of any interest 1155 in conservation and recreation landsunder this chapter, the 1156 Department of Environmental Protection, acting on behalf of the 1157 board of trustees, may issue to the lead managing entity an 1158 interim assignment letter to be effective until the execution of 1159 a formal lease. 1160 (8)(10)(a) State, regional, or local governmental agencies 1161 or private entities designated to manage lands under this 1162 section shall develop and adopt, with the approval of the board 1163 of trustees, an individual management plan for each project 1164 designed to conserve and protect such lands and their associated 1165 natural resources. Private sector involvement in management plan 1166 development may be used to expedite the planning process. 1167 (b) Individual management plans required by s. 253.034(5), 1168 for parcels over 160 acres, shall be developed with input from 1169 an advisory group. Members of this advisory group shall include, 1170 at a minimum, representatives of the lead land managing agency, 1171 comanaging entities, local private property owners, the 1172 appropriate soil and water conservation district, a local 1173 conservation organization, and a local elected official. The 1174 advisory group shall conduct at least one public hearing within 1175 the county in which the parcel or project is located. For those 1176 parcels or projects that are within more than one county, at 1177 least one areawide public hearing shall be acceptable and the 1178 lead managing agency shall invite a local elected official from 1179 each county. The areawide public hearing shall be held in the 1180 county in which the core parcels are located. Notice of such 1181 public hearing shall be posted on the parcel or project 1182 designated for management, advertised in a paper of general 1183 circulation, and announced at a scheduled meeting of the local 1184 governing body before the actual public hearing. The management 1185 prospectus required pursuant to paragraph (7)(d)(9)(d)shall be 1186 available to the public for a period of 30 days prior to the 1187 public hearing. 1188 (c) Once a plan is adopted, the managing agency or entity 1189 shall update the plan at least every 10 years in a form and 1190 manner prescribed by rule of the board of trustees. Such 1191 updates, for parcels over 160 acres, shall be developed with 1192 input from an advisory group. Such plans may include transfers 1193 of leasehold interests to appropriate conservation organizations 1194 or governmental entities designated by the Land Acquisition and 1195 Management Advisory Council or its successor, for uses 1196 consistent with the purposes of the organizations and the 1197 protection, preservation, conservation, restoration, and proper 1198 management of the lands and their resources. Volunteer 1199 management assistance is encouraged, including, but not limited 1200 to, assistance by youths participating in programs sponsored by 1201 state or local agencies, by volunteers sponsored by 1202 environmental or civic organizations, and by individuals 1203 participating in programs for committed delinquents and adults. 1204 (d)1. For each project for which lands are acquired after 1205 July 1, 1995, an individual management plan shall be adopted and 1206 in place no later than 1 year after the essential parcel or 1207 parcels identified in the priority list developed pursuant to s. 1208 259.105ss. 259.101(4) and 259.105have been acquired. The 1209 Department of Environmental Protection shall distribute only 75 1210 percent of the acquisition funds to which a budget entity or 1211 water management district would otherwise be entitledfrom the1212Preservation 2000 Trust Fundto any budget entity or any water 1213 management district that has more than one-third of its 1214 management plans overdue. 1215 2. The requirements of subparagraph 1. do not apply to the 1216 individual management plan for the Babcock Crescent B Ranch 1217 being acquired pursuant to s. 259.1052. The management plan for 1218 the ranch shall be adopted and in place no later than 2 years 1219 following the date of acquisition by the state. 1220 (e) Individual management plans shall conform to the 1221 appropriate policies and guidelines of the state land management 1222 plan and shall include, but not be limited to: 1223 1. A statement of the purpose for which the lands were 1224 acquired, the projected use or uses as defined in s. 253.034, 1225 and the statutory authority for such use or uses. 1226 2. Key management activities necessary to achieve the 1227 desired outcomes, including, but not limited to, providing 1228 public access, preserving and protecting natural resources, 1229 protecting cultural and historical resources, restoring habitat, 1230 protecting threatened and endangered species, controlling the 1231 spread of nonnative plants and animals, performing prescribed 1232 fire activities, and other appropriate resource management. 1233 3. A specific description of how the managing agency plans 1234 to identify, locate, protect, and preserve, or otherwise use 1235 fragile, nonrenewable natural and cultural resources. 1236 4. A priority schedule for conducting management 1237 activities, based on the purposes for which the lands were 1238 acquired. 1239 5. A cost estimate for conducting priority management 1240 activities, to include recommendations for cost-effective 1241 methods of accomplishing those activities. 1242 6. A cost estimate for conducting other management 1243 activities which would enhance the natural resource value or 1244 public recreation value for which the lands were acquired. The 1245 cost estimate shall include recommendations for cost-effective 1246 methods of accomplishing those activities. 1247 7. A determination of the public uses and public access 1248 that would be consistent with the purposes for which the lands 1249 were acquired. 1250 (f) The Division of State Lands shall submit a copy of each 1251 individual management plan for parcels which exceed 160 acres in 1252 size to each member of the Acquisition and Restoration Council, 1253 which shall: 1254 1. Within 60 days after receiving a plan from the division, 1255 review each plan for compliance with the requirements of this 1256 subsection and with the requirements of the rules established by 1257 the board pursuant to this subsection. 1258 2. Consider the propriety of the recommendations of the 1259 managing agency with regard to the future use or protection of 1260 the property. 1261 3. After its review, submit the plan, along with its 1262 recommendations and comments, to the board of trustees, with 1263 recommendations as to whether to approve the plan as submitted, 1264 approve the plan with modifications, or reject the plan. 1265 (g) The board of trustees shall consider the individual 1266 management plan submitted by each state agency and the 1267 recommendations of the Acquisition and Restoration Council and 1268 the Division of State Lands and shall approve the plan with or 1269 without modification or reject such plan. The use or possession 1270 of any lands owned by the board of trustees which is not in 1271 accordance with an approved individual management plan is 1272 subject to termination by the board of trustees. 1273 1274 By July 1 of each year, each governmental agency and each 1275 private entity designated to manage lands shall report to the 1276 Secretary of Environmental Protection on the progress of 1277 funding, staffing, and resource management of every project for 1278 which the agency or entity is responsible. 1279 (9)(11)(a) The Legislature recognizes that acquiring lands 1280 pursuant to this chapter serves the public interest by 1281 protecting land, air, and water resources which contribute to 1282 the public health and welfare, providing areas for natural 1283 resource based recreation, and ensuring the survival of unique 1284 and irreplaceable plant and animal species. The Legislature 1285 intends for these lands to be managed and maintained for the 1286 purposes for which they were acquired and for the public to have 1287 access to and use of these lands where it is consistent with 1288 acquisition purposes and would not harm the resources the state 1289 is seeking to protect on the public’s behalf. 1290 (b) An amount of not less than 1.5 percent of the 1291 cumulative total of funds ever deposited into the Florida 1292 Preservation 2000 Trust Fund and the Florida Forever Trust Fund 1293 shall be made available for the purposes of management, 1294 maintenance, and capital improvementsnot eligible for funding1295pursuant to s. 11(e), Art. VII of the State Constitution, and 1296 for associated contractual services, for conservation and 1297 recreation lands acquired with funds deposited into the Land 1298 Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State 1299 Constitution or pursuant to former s. 259.032, Florida Statutes 1300 2014this section, former s. 259.101, Florida Statutes 2014, s. 1301 259.105, s. 259.1052, or previous programs for the acquisition 1302 of lands for conservation and recreation, including state 1303 forests, to which title is vested in the board of trustees and 1304 other conservation and recreation lands managed by a state 1305 agency.Of this amount, $250,000 shall be transferred annually1306to the Plant Industry Trust Fund within the Department of1307Agriculture and Consumer Services for the purpose of1308implementing the Endangered or Threatened Native Flora1309Conservation Grants Program pursuant to s. 581.185(11).Each 1310 agency with management responsibilities shall annually request 1311 from the Legislature funds sufficient to fulfill such 1312 responsibilities to implement individual management plans. For 1313 the purposes of this paragraph, capital improvements shall 1314 include, but need not be limited to, perimeter fencing, signs, 1315 firelanes, access roads and trails, and minimal public 1316 accommodations, such as primitive campsites, garbage 1317 receptacles, and toilets. Any equipment purchased with funds 1318 provided pursuant to this paragraph may be used for the purposes 1319 described in this paragraph on any conservation and recreation 1320 lands managed by a state agency. The funding requirement created 1321 in this paragraph is subject to an annual evaluation by the 1322 Legislaturein orderto ensure that such requirement does not 1323 impact the respective trust fund in a manner that would prevent 1324 the trust fund from meeting other minimum requirements. 1325 (c) All revenues generated through multiple-use management 1326 or compatible secondary-use management shall be returned to the 1327 lead agency responsible for such management and shall be used to 1328 pay for management activities on all conservation, preservation, 1329 and recreation lands under the agency’s jurisdiction. In 1330 addition, such revenues shall be segregated in an agency trust 1331 fund used for land management activities, other than a land 1332 acquisition trust fund, and such revenues shall remain available 1333 to the agency in subsequent fiscal years to support land 1334 management appropriations. For the purposes of this paragraph, 1335 compatible secondary-use management shall be those activities 1336 described in subsection (7)(9)undertaken on parcels designated 1337 as single use pursuant to s. 253.034(2)(b). 1338 (d) Up to one-fifth of the funds appropriated for the 1339 purposes identifiedprovided forin paragraph (b) shall be 1340 reserved by the board of trustees for interim management of 1341 acquisitions and for associated contractual services, to ensure 1342 the conservation and protection of natural resources on project 1343 sites and to allow limited public recreational use of lands. 1344 Interim management activities may include, but not be limited 1345 to, resource assessments, control of invasive, nonnative 1346 species, habitat restoration, fencing, law enforcement, 1347 controlled burning, and public access consistent with 1348 preliminary determinations made pursuant to paragraph (7)(g) 1349(9)(g). The board of trustees shall make these interim funds 1350 available immediately upon purchase. 1351 (e) The department shall set long-range and annual goals 1352 for the control and removal of nonnative, invasive plant species 1353 on public lands. Such goals shall differentiate between aquatic 1354 plant species and upland plant species. In setting such goals, 1355 the department may rank, in order of adverse impact, species 1356 that impede or destroy the functioning of natural systems. 1357 Notwithstanding paragraph (a), up to one-fourth of the funds 1358 provided for in paragraph (b) may be used by the agencies 1359 receiving those funds for control and removal of nonnative, 1360 invasive species on public lands. 1361(f) For the 2014-2015 fiscal year only, moneys in the1362Conservation and Recreation Lands Trust Fund may be transferred1363to the Florida Forever Trust Fund for the Florida Forever1364program and to the Save Our Everglades Trust Fund to support1365Everglades restoration projects included in the final report of1366the Select Committee on Indian River Lagoon and Lake Okeechobee1367Basin, dated November 8, 2013, pursuant to nonoperating budget1368authority under s. 216.181(12). This subsection expires July 1,13692015.1370 (10)(12)(a) Beginning July 1, 1999, the Legislature may 1371 appropriateshall make available sufficientfunds annuallyfrom1372the Conservation and Recreation Lands trust fundto the 1373 department for payment in lieu of taxes to qualifying counties 1374 and local governments as defined in paragraph (b) for all actual 1375 tax losses incurred as a result of board of trustees 1376 acquisitions for state agencies under the Florida Forever 1377 program or the former Florida Preservation 2000 programduring1378any year.Reserved funds not used for payments in lieu of taxes1379in any year shall revert to the fund to be used for land1380management in accordance with the provisions of this section.1381 (b) Payment in lieu of taxes shall be available: 1382 1. To all counties that have a population of 150,000 or 1383 fewer. Population levels shall be determined pursuant to s. 1384 11.031. 1385 2. To all local governments located in eligible counties. 13863. To Glades County, where a privately owned and operated1387prison leased to the state has recently been opened and where1388privately owned and operated juvenile justice facilities leased1389to the state have recently been constructed and opened, a1390payment in lieu of taxes, in an amount that offsets the loss of1391property tax revenue, which funds have already been appropriated1392and allocated from the Department of Correction’s budget for the1393purpose of reimbursing amounts equal to lost ad valorem taxes.1394 (c) If insufficient funds are available in any year to make 1395 full payments to all qualifying counties and local governments, 1396 such counties and local governments shall receive a pro rata 1397 share of the moneys available. 1398 (d) The payment amount shall be based on the average amount 1399 of actual taxes paid on the property for the 3 years preceding 1400 acquisition. Applications for payment in lieu of taxes shall be 1401 made no later than January 31 of the year following acquisition. 1402 No payment in lieu of taxes shall be made for properties which 1403 were exempt from ad valorem taxation for the year immediately 1404 preceding acquisition. 1405 (e) If property which was subject to ad valorem taxation 1406 was acquired by a tax-exempt entity for ultimate conveyance to 1407 the state under this chapter, payment in lieu of taxes shall be 1408 made for such property based upon the average amount of taxes 1409 paid on the property for the 3 years beforeprior toits being 1410 removed from the tax rolls. The department shall certify to the 1411 Department of Revenue those properties that may be eligible 1412 under this provision. Once eligibility has been established, 1413 that county or local government shall receive annual payments 1414 for each tax loss until the qualifying county or local 1415 government exceeds the population threshold pursuant to this 1416 section. 1417 (f) Payment in lieu of taxes pursuant to this subsection 1418 shall be made annually to qualifying counties and local 1419 governments after certification by the Department of Revenue 1420 that the amounts applied for are reasonably appropriate, based 1421 on the amount of actual taxes paid on the eligible property. 1422 With the assistance of the local government requesting payment 1423 in lieu of taxes, the state agency that acquired the land is 1424 responsible for preparing and submitting application requests 1425 for payment to the Department of Revenue for certification. 1426 (g) If the board of trustees conveys to a local government 1427 title to any land owned by the board, any payments in lieu of 1428 taxes on the land made to the local government shall be 1429 discontinued as of the date of the conveyance. 1430 1431 For the purposes of this subsection, “local government” includes 1432 municipalities, the county school board, mosquito control 1433 districts, and any other local government entity which levies ad 1434 valorem taxes, with the exception of a water management 1435 district. 1436(13) Moneys credited to the fund each year which are not1437used for management, maintenance, or capital improvements1438pursuant to subsection (11); for payment in lieu of taxes1439pursuant to subsection (12); or for the purposes of subsection1440(5), shall be available for the acquisition of land pursuant to1441this section.1442 (11)(14)The board of trustees may adopt rules to further 1443 define the categories of land for acquisition under this 1444 chapter. 1445 (12)(15)Within 90 days after receiving a certified letter 1446 from the owner of a property on theConservation and Recreation1447Lands list or thepriority list established pursuant to s. 1448 259.105 objecting to the property being included in an 1449 acquisition project, where such property is a project or part of 1450 a project which has not been listed for purchase in the current 1451 year’s land acquisition work plan, the board of trustees shall 1452 delete the property from the list or from the boundary of an 1453 acquisition project on the list. 1454 Section 21. Subsections (3), (4), and (6) of section 1455 259.035, Florida Statutes, are amended to read: 1456 259.035 Acquisition and Restoration Council.— 1457 (3) The council shall provide assistance to the board of 1458 trustees in reviewing the recommendations and plans for state 1459 owned lands required under s. 253.034 and this chapterss.1460253.034 and 259.032. The council shall, in reviewing such 1461 recommendations and plans, consider the optimization of 1462 multiple-use and conservation strategies to accomplish the 1463 provisions funded pursuant to former s. 259.101(3)(a), Florida 1464 Statutes 2014, and to s. 259.105(3)(b)ss. 259.101(3)(a) and1465259.105(3)(b). 1466 (4)(a) The council may use existing rules adopted by the1467board of trustees, until it develops and recommends amendments1468to those rules, to competitively evaluate, select, and rank1469projects eligible for the Conservation and Recreation Lands list1470pursuant to ss. 259.032(3) and 259.101(4).1471 (a)(b)By December 1, 20162009, the Acquisition and 1472 Restoration Council shall develop rules defining specific 1473 criteria and numeric performance measures needed for lands that 1474 are to be acquired for public purpose under the Florida Forever 1475 program pursuant to s. 259.105 or with funds deposited into the 1476 Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the 1477 State Constitution.Each recipient of Florida Forever funds1478shall assist the council in the development of such rules.These 1479 rules shall be reviewed and adopted by the board, then submitted 1480 to the Legislature for consideration by February 1, 20172010. 1481 The Legislature may reject, modify, or take no action relative 1482 to the proposed rules. If no action is taken, the rules shall be 1483 implemented. Subsequent to their approval, each recipient of 1484Florida Foreverfunds from the Land Acquisition Trust Fund shall 1485 annually report to the Division of State Lands on each of the 1486 numeric performance measures accomplished during the previous 1487 fiscal year. 1488 (b)(c)In developing or amending rules, the council shall 1489 give weight to the criteria included in s. 259.105(9)(10). The 1490 board of trustees shall review the recommendations and shall 1491 adopt rules necessary to administer this section. 1492 (6) The proposal for a project pursuant to this section or 1493 s. 259.105(3)(b) may be implemented only if adopted by the 1494 council and approved by the board of trustees. The council shall 1495 consider and evaluate in writing the merits and demerits of each 1496 project that is proposed for acquisition using funds available 1497 pursuant to s. 28, Art. X of the State ConstitutionConservation1498and Recreation Lands, Florida Preservation 2000,or Florida 1499 Forever funding and shall ensure that each proposed project 1500 meets the requirements of s. 28, Art. X of the State 1501 Constitutionwill meet a stated public purpose for the1502restoration, conservation, or preservation of environmentally1503sensitive lands and water areas or for providing outdoor1504recreational opportunities. The council also shall determine 1505 whether the project conforms, where applicable, with the 1506 comprehensive plan developed pursuant to s. 259.04(1)(a), the 1507 comprehensive multipurpose outdoor recreation plan developed 1508 pursuant to s. 375.021, the state lands management plan adopted 1509 pursuant to s. 253.03(7), the water resources work plans 1510 developed pursuant to s. 373.199, and the provisions of s. 1511 259.032, s. 259.101, or s. 259.105, whichever is applicable. 1512 Section 22. Subsection (4) of section 259.036, Florida 1513 Statutes, is amended to read: 1514 259.036 Management review teams.— 1515 (4) In the event a land management plan has not been 1516 adopted within the timeframes specified in s. 259.032(8)s.1517259.032(10), the department may direct a management review of 1518 the property, to be conducted by the land management review 1519 team. The review shall consider the extent to which the land is 1520 being managed for the purposes for which it was acquired and the 1521 degree to which actual management practices are in compliance 1522 with the management policy statement and management prospectus 1523 for that property. 1524 Section 23. Paragraph (b) of subsection (3) of section 1525 259.037, Florida Statutes, is amended to read: 1526 259.037 Land Management Uniform Accounting Council.— 1527 (3) 1528 (b) Each reporting agency shall also: 1529 1. Include a report of the available public use 1530 opportunities for each management unit of state land, the total 1531 management cost for public access and public use, and the cost 1532 associated with each use option. 1533 2. List the acres of land requiring minimal management 1534 effort, moderate management effort, and significant management 1535 effort pursuant to s. 259.032(9)(c)former s. 259.032(11)(c). 1536 For each category created in paragraph (a), the reporting agency 1537 shall include the amount of funds requested, the amount of funds 1538 received, and the amount of funds expended for land management. 1539 3. List acres managed and cost of management for each park, 1540 preserve, forest, reserve, or management area. 1541 4. List acres managed, cost of management, and lead manager 1542 for each state lands management unit for which secondary 1543 management activities were provided. 1544 5. Include a report of the estimated calculable financial 1545 benefits to the public for the ecosystem services provided by 1546 conservation lands, based on the best readily available 1547 information or science that provides a standard measurement 1548 methodology to be consistently applied by the land managing 1549 agencies. Such information may include, but need not be limited 1550 to, the value of natural lands for protecting the quality and 1551 quantity of drinking water through natural water filtration and 1552 recharge, contributions to protecting and improving air quality, 1553 benefits to agriculture through increased soil productivity and 1554 preservation of biodiversity, and savings to property and lives 1555 through flood control. 1556 Section 24. Subsection (1) of section 259.04, Florida 1557 Statutes, is amended to read: 1558 259.04 Board; powers and duties.— 1559 (1) For projects and acquisitions selected for purchase 1560 pursuant to ss. 259.035, 259.101,and 259.105: 1561 (a) The board is given the responsibility, authority, and 1562 power to develop and execute a comprehensive, statewide 5-year 1563 plan to conserve, restore, and protect environmentally 1564 endangered lands, ecosystems, lands necessary for outdoor 1565 recreational needs, and other lands as identified in ss. 1566 259.032, 259.101,and 259.105. This plan shall be kept current 1567 through continual reevaluation and revision. The advisory 1568 council or its successor shall assist the board in the 1569 development, reevaluation, and revision of the plan. 1570 (b) The board may enter into contracts with the government 1571 of the United States or any agency or instrumentality thereof; 1572 the state or any county, municipality, district authority, or 1573 political subdivision; or any private corporation, partnership, 1574 association, or person providing for or relating to the 1575 conservation or protection of certain lands in accomplishing the 1576 purposes of this chapter. 1577 (c) Within 45 days after the advisory council or its 1578 successor submits the lists of projects to the board, the board 1579 shall approve, in whole or in part, the lists of projects in the 1580 order of priority in which such projects are presented. To the 1581 greatest extent practicable, projects on the lists shall be 1582 acquired in their approved order of priority. 1583 (d) The board is authorized to acquire, by purchase, gift, 1584 or devise or otherwise, the fee title or any lesser interest of 1585 lands, water areas, and related resources for environmentally 1586 endangered lands. 1587 Section 25. Paragraphs (a) and (b) of subsection (11) and 1588 subsection (15) of section 259.041, Florida Statutes, are 1589 amended to read: 1590 259.041 Acquisition of state-owned lands for preservation, 1591 conservation, and recreation purposes.— 1592 (11)(a) The Legislature finds that, with the increasing 1593 pressures on the natural areas of this state and on open space 1594 suitable for recreational use, the state must develop creative 1595 techniques to maximize the use of acquisition and management 1596 funds. The Legislature also finds that the state’s conservation 1597 and recreational land acquisition agencies should be encouraged 1598 to augment their traditional, fee simple acquisition programs 1599 with the use of alternatives to fee simple acquisition 1600 techniques. Additionally, the Legislature finds that generations 1601 of private landowners have been good stewards of their land, 1602 protecting or restoring native habitats and ecosystems to the 1603 benefit of the natural resources of this state, its heritage, 1604 and its citizens. The Legislature also finds that using 1605 alternatives to fee simple acquisition by public land 1606 acquisition agencies will achieve the following public policy 1607 goals: 1608 1. Allow more lands to be brought under public protection 1609 for preservation, conservation, and recreational purposes with 1610 less expenditure of public funds. 1611 2. Retain, on local government tax rolls, some portion of 1612 or interest in lands which are under public protection. 1613 3. Reduce long-term management costs by allowing private 1614 property owners to continue acting as stewards of their land, 1615 where appropriate. 1616 1617 Therefore, it is the intent of the Legislature that public land 1618 acquisition agencies develop programs to pursue alternatives to 1619 fee simple acquisition and to educate private landowners about 1620 such alternatives and the benefits of such alternatives. It is 1621 also the intent of the Legislature that a portion of the shares 1622 ofPreservation 2000 andFlorida Forever bond proceeds be used 1623 to purchase eligible properties using alternatives to fee simple 1624 acquisition. 1625 (b) All project applications shall identify, within their 1626 acquisition plans, projects that require a full fee simple 1627 interest to achieve the public policy goals, together with the 1628 reasons full title is determined to be necessary. The state 1629 agencies and the water management districts may use alternatives 1630 to fee simple acquisition to bring the remaining projects in 1631 their acquisition plans under public protection. For the 1632 purposes of this subsection, the term “alternatives to fee 1633 simple acquisition” includes, but is not limited to: purchase of 1634 development rights; obtaining conservation easements; obtaining 1635 flowage easements; purchase of timber rights, mineral rights, or 1636 hunting rights; purchase of agricultural interests or 1637 silvicultural interests;entering into land protection1638agreements as defined in s. 380.0677(3);fee simple acquisitions 1639 with reservations; creating life estates; or any other 1640 acquisition technique that achieves the public policy goals 1641 listed in paragraph (a). It is presumed that a private landowner 1642 retains the full range of uses for all the rights or interests 1643 in the landowner’s land which are not specifically acquired by 1644 the public agency. The lands upon which hunting rights are 1645 specifically acquired pursuant to this paragraph shall be 1646 available for hunting in accordance with the management plan or 1647 hunting regulations adopted by the Florida Fish and Wildlife 1648 Conservation Commission, unless the hunting rights are purchased 1649 specifically to protect activities on adjacent lands. 1650 (15) The board of trustees, by an affirmative vote of at 1651 least three of its members, may direct the department to 1652 purchase lands on an immediate basis using up to 15 percent of 1653 the funds allocated to the department pursuant to s. 259.105ss.1654259.101(3)(a) and 259.105for the acquisition of lands that: 1655 (a) Are listed or placed at auction by the Federal 1656 Government as part of the Resolution Trust Corporation sale of 1657 lands from failed savings and loan associations; 1658 (b) Are listed or placed at auction by the Federal 1659 Government as part of the Federal Deposit Insurance Corporation 1660 sale of lands from failed banks; or 1661 (c) Will be developed or otherwise lost to potential public 1662 ownership, or for which federal matching funds will be lost, by 1663 the time the land can be purchased under the program within 1664 which the land is listed for acquisition. 1665 1666 For such acquisitions, the board of trustees may waive or modify 1667 all procedures required for land acquisition pursuant to this 1668 chapter and all competitive bid procedures required pursuant to 1669 chapters 255 and 287. Lands acquired pursuant to this subsection 1670 must, at the time of purchase, be on one of the acquisition 1671 lists established pursuant to this chapter,or be essential for 1672 water resource development, protection, or restoration, or a 1673 significant portion of the lands must contain natural 1674 communities or plant or animal species thatwhichare listed by 1675 the Florida Natural Areas Inventory as critically imperiled, 1676 imperiled, or rare, or as excellent quality occurrences of 1677 natural communities. 1678 Section 26. Section 259.101, Florida Statutes, is amended 1679 to read: 1680 259.101 Florida Preservation 2000 Act.— 1681 (1) SHORT TITLE.—This section may be cited as the “Florida 1682 Preservation 2000 Act.” 1683 (2) LEGISLATIVE FINDINGS.—The Legislature finds and 1684 declares that: 1685 (a) The alteration and development of Florida’s natural 1686 areas to accommodate its rapidly growing population have 1687 contributed to the degradation of water resources, the 1688 fragmentation and destruction of wildlife habitats, the loss of 1689 recreation space, and the diminishment of wetlands and forests. 1690 (b) Imminent development of Florida’s remaining natural 1691 areas and continuing increases in land values necessitate an 1692 aggressive program of public land acquisition during the next 1693 decade to preserve the quality of life that attracts so many 1694 people to Florida. 1695 (c) Acquisition of public lands, in fee simple or in any 1696 lesser interest, should be based on a comprehensive assessment 1697 of Florida’s natural resources and planned so as to protect the 1698 integrity of ecological systems and to provide multiple 1699 benefits, including preservation of fish and wildlife habitat, 1700 recreation space, and water recharge areas. Governmental 1701 agencies responsible for public land acquisition should work 1702 together to purchase lands jointly and to coordinate individual 1703 purchases within ecological systems. 1704 (d) One of the purposes of the Florida Communities Trust 1705 program is to acquire, protect, and preserve open space and 1706 recreation properties within urban areas where pristine animal 1707 and plant communities no longer exist. These areas are often 1708 overlooked in other programs because of their smaller size and 1709 proximity to developed property. These smaller parcels are, 1710 however, critically important to the quality of life in these 1711 urban areas for the residents who live there as well as to the 1712 many visitors to the state. The trust shall consider projects 1713 submitted by local governments which further the goals, 1714 objectives, and policies of the conservation, recreation and 1715 open space, or coastal elements of their local comprehensive 1716 plans or which serve to conserve natural resources or resolve 1717 land use conflicts. 1718 (e) South Florida’s water supply and unique natural 1719 environment depend on the protection of lands buffering the East 1720 Everglades and the Everglades water conservation areas. 1721 1722 In addition, the Legislature recognizes the conflicting desires 1723 of the citizens of this state to prosper through economic 1724 development and to preserve the natural areas of Florida that 1725 development threatens to claim. The Legislature further 1726 recognizes the urgency of acquiring natural areas in the state 1727 for preservation, yet acknowledges the difficulty of ensuring 1728 adequate funding for accelerated acquisition in light of other 1729 equally critical financial needs of the state.It is the1730Legislature’s desire and intent to fund the implementation of1731the Florida Preservation 2000 Act for each of the 10 years of1732the program’s duration and to do so in a fiscally responsible1733manner.1734 (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION 1735 2000 BONDSLAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the1736costs of issuance, the costs of funding reserve accounts, and1737other costs with respect to the bonds, the proceeds of bonds1738issued pursuant to this act shall be deposited into the Florida1739Preservation 2000 Trust Fund created by s. 375.045. In fiscal1740year 2000-2001, for each Florida Preservation 2000 program1741described in paragraphs (a)-(g), that portion of each program’s1742total remaining cash balance which, as of June 30, 2000, is in1743excess of that program’s total remaining appropriation balances1744shall be redistributed by the department and deposited into the1745Save Our Everglades Trust Fund for land acquisition. For1746purposes of calculating the total remaining cash balances for1747this redistribution, the Florida Preservation 2000 Series 20001748bond proceeds, including interest thereon, and the fiscal year17491999-2000 General Appropriations Act amounts shall be deducted1750from the remaining cash and appropriation balances,1751respectively. The remaining proceeds shall be distributed by the1752Department of Environmental Protection in the following manner:1753(a) Fifty percent to the Department of Environmental1754Protection for the purchase of public lands as described in s.1755259.032. Of this 50 percent, at least one-fifth shall be used1756for the acquisition of coastal lands.1757(b) Thirty percent to the Department of Environmental1758Protection for the purchase of water management lands pursuant1759to s. 373.59, to be distributed among the water management1760districts as provided in that section. Funds received by each1761district may also be used for acquisition of lands necessary to1762implement surface water improvement and management plans or for1763acquisition of lands necessary to implement the Everglades1764Construction Project authorized by s. 373.4592.1765(c) Ten percent to the Department of Environmental1766Protection to provide land acquisition grants and loans to local1767governments through the Florida Communities Trust pursuant to1768part III of chapter 380. From funds allocated to the trust, $31769million annually shall be used by the Division of State Lands1770within the Department of Environmental Protection to implement1771the Green Swamp Land Protection Initiative specifically for the1772purchase of conservation easements, as defined in s.1773380.0677(3), of lands, or severable interests or rights in1774lands, in the Green Swamp Area of Critical State Concern. From1775funds allocated to the trust, $3 million annually shall be used1776by the Monroe County Comprehensive Plan Land Authority1777specifically for the purchase of a real property interest in1778those lands subject to the Rate of Growth Ordinances adopted by1779local governments in Monroe County or those lands within the1780boundary of an approved Conservation and Recreation Lands1781project located within the Florida Keys or Key West Areas of1782Critical State Concern; however, title to lands acquired within1783the boundary of an approved Conservation and Recreation Lands1784project may, in accordance with an approved joint acquisition1785agreement, vest in the Board of Trustees of the Internal1786Improvement Trust Fund. Of the remaining funds, one-half shall1787be matched by local governments on a dollar-for-dollar basis. To1788the extent allowed by federal requirements for the use of bond1789proceeds, the trust shall expend Preservation 2000 funds to1790carry out the purposes of part III of chapter 380.1791(d) Two and nine-tenths percent to the Department of1792Environmental Protection for the purchase of inholdings and1793additions to state parks. For the purposes of this paragraph,1794“state park” means all real property in the state under the1795jurisdiction of the Division of Recreation and Parks of the1796department, or which may come under its jurisdiction.1797(e) Two and nine-tenths percent to the Florida Forest1798Service of the Department of Agriculture and Consumer Services1799to fund the acquisition of state forest inholdings and additions1800pursuant to s. 589.07.1801(f) Two and nine-tenths percent to the Fish and Wildlife1802Conservation Commission to fund the acquisition of inholdings1803and additions to lands managed by the commission which are1804important to the conservation of fish and wildlife.1805(g) One and three-tenths percent to the Department of1806Environmental Protection for the Florida Greenways and Trails1807Program, to acquire greenways and trails or greenways and trails1808systems pursuant to chapter 260, including, but not limited to,1809abandoned railroad rights-of-way and the Florida National Scenic1810Trail.1811 1812Local governments may use federal grants or loans, private1813donations, or environmental mitigation funds, including1814environmental mitigation funds required pursuant to s. 338.250,1815for any part or all of any local match required for the purposes1816described in this subsection. Bond proceeds allocated pursuant1817to paragraph (c) may be used to purchase lands on the priority1818lists developed pursuant to s. 259.035.Title to lands purchased 1819 pursuant to former paragraphs (a), (d), (e), (f), orand(g) of 1820 this subsection, Florida Statutes 2014, shall be vested in the 1821 Board of Trustees of the Internal Improvement Trust Fund. Title 1822 to lands purchased pursuant to former paragraph (c) of this 1823 subsection, Florida Statutes 2014, may be vested in the Board of 1824 Trustees of the Internal Improvement Trust Fund. The board of 1825 trustees shall hold title to land protection agreements and 1826 conservation easements that wereor will beacquired pursuant to 1827 former s. 380.0677, Florida Statutes 2014, and the Southwest 1828 Florida Water Management District and the St. Johns River Water 1829 Management District shall monitor such agreements and easements 1830 within their respective districts until the state assumes this 1831 responsibility. 1832(4) PROJECT CRITERIA.—1833(a) Proceeds of bonds issued pursuant to this act and1834distributed pursuant to paragraphs (3)(a) and (b) shall be spent1835only on projects which meet at least one of the following1836criteria, as determined pursuant to paragraphs (b) and (c):18371. A significant portion of the land in the project is in1838imminent danger of development, in imminent danger of loss of1839its significant natural attributes, or in imminent danger of1840subdivision which will result in multiple ownership and may make1841acquisition of the project more costly or less likely to be1842accomplished;18432. Compelling evidence exists that the land is likely to be1844developed during the next 12 months, or appraisals made during1845the past 5 years indicate an escalation in land value at an1846average rate that exceeds the average rate of interest likely to1847be paid on the bonds;18483. A significant portion of the land in the project serves1849to protect or recharge groundwater and to protect other valuable1850natural resources or provide space for natural resource based1851recreation;18524. The project can be purchased at 80 percent of appraised1853value or less;18545. A significant portion of the land in the project serves1855as habitat for endangered, threatened, or rare species or serves1856to protect natural communities which are listed by the Florida1857Natural Areas Inventory as critically imperiled, imperiled, or1858rare, or as excellent quality occurrences of natural1859communities; or18606. A significant portion of the land serves to preserve1861important archaeological or historical sites.1862(b) Each year that bonds are to be issued pursuant to this1863act, the Land Acquisition and Management Advisory Council shall1864review that year’s approved Conservation and Recreation Lands1865priority list and shall, by the first board meeting in February,1866present to the Board of Trustees of the Internal Improvement1867Trust Fund for approval a listing of projects on the list which1868meet one or more of the criteria listed in paragraph (a). The1869board may remove projects from the list developed pursuant to1870this paragraph, but may not add projects.1871(c) Each year that bonds are to be issued pursuant to this1872act, each water management district governing board shall review1873the lands on its current year’s Save Our Rivers 5-year plan and1874shall, by January 15, adopt a listing of projects from the plan1875which meet one or more of the criteria listed in paragraph (a).1876(d) In the acquisition of coastal lands pursuant to1877paragraph (3)(a), the following additional criteria shall also1878be considered:18791. The value of acquiring coastal high-hazard parcels,1880consistent with hazard mitigation and postdisaster redevelopment1881policies, in order to minimize the risk to life and property and1882to reduce the need for future disaster assistance.18832. The value of acquiring beachfront parcels, irrespective1884of size, to provide public access and recreational opportunities1885in highly developed urban areas.18863. The value of acquiring identified parcels the1887development of which would adversely affect coastal resources.1888 1889When a nonprofit environmental organization which is tax-exempt1890pursuant to s. 501(c)(3) of the United States Internal Revenue1891Code sells land to the state, such land at the time of such sale1892shall be deemed to meet one or more of the criteria listed in1893paragraph (a) if such land meets one or more of the criteria at1894the time the organization purchases it. Listings of projects1895compiled pursuant to paragraphs (b) and (c) may be revised to1896include projects on the Conservation and Recreation Lands1897priority list or in a water management district’s 5-year plan1898which come under the criteria in paragraph (a) after the dates1899specified in paragraph (b) or paragraph (c). The requirement of1900paragraph (3)(a) regarding coastal lands is met as long as an1901average of one-fifth of the cumulative proceeds allocated1902through fiscal year 1999-2000 pursuant to that paragraph is used1903to purchase coastal lands.1904(e) The Legislature finds that the Florida Preservation19052000 Program has provided financial resources that have enabled1906the acquisition of significant amounts of land for public1907ownership in the first 7 years of the program’s existence. In1908the remaining years of the Florida Preservation 2000 Program,1909agencies that receive funds are encouraged to better coordinate1910their expenditures so that future acquisitions, when combined1911with previous acquisitions, will form more complete patterns of1912protection for natural areas and functioning ecosystems to1913better accomplish the intent of paragraph (2)(c).1914(f) The Legislature intends that, in the remaining years of1915the Florida Preservation 2000 Program, emphasis be given to the1916completion of projects in which one or more parcels have already1917been acquired and to the acquisition of lands containing1918ecological resources which are either not represented or1919underrepresented on lands currently in public ownership. The1920Legislature also intends that future acquisitions under the1921Florida Preservation 2000 Program be limited to projects on the1922current project lists, or any additions to the list as1923determined and prioritized by the study, or those projects that1924can reasonably be expected to be acquired by the end of the1925Florida Preservation 2000 Program.1926 (4)(5)FLORIDA FOREST SERVICE FUND USE.—Any funds received1927by the Florida Forest Service from the Preservation 2000 Trust1928Fund pursuant to paragraph (3)(e) shall be used only to pay the1929cost of the acquisition of lands in furtherance of outdoor1930recreation and natural resources conservation in this state. The1931administration and use of any funds received by the Florida1932Forest Service from the Preservation 2000 Trust Fund will be1933subject to such terms and conditions imposed thereon by the1934agency of the state responsible for the issuance of the revenue1935bonds, the proceeds of which are deposited in the Preservation19362000 Trust Fund, including restrictions imposed to ensure that1937the interest on any such revenue bonds issued by the state as1938tax-exempt revenue bonds will not be included in the gross1939income of the holders of such bonds for federal income tax1940purposes.All deeds or leases with respect to any real property 1941 acquired with Preservation 2000 funds received by the Florida 1942 Forest Service mustfrom the Preservation 2000 Trust Fund shall1943 contain sufficientsuchcovenants and restrictionsas are1944sufficientto ensure that the use of such real propertyat all1945timescomplies with s. 375.051 and s. 9, Art. XII of the 1968 1946 Constitution of Florida;andshall containreverter clauses 1947 providing for the reversion of title to such property to the 1948 Board of Trustees of the Internal Improvement Trust Fund or, in 1949 the case of a lease of such property, providing for termination 1950 of the lease upon a failure to use the property conveyed thereby 1951 for such purposes. 1952 (5)(6)DISPOSITION OF LANDS.— 1953 (a) Any lands acquired pursuant to former paragraphs 1954paragraph(3)(a),paragraph(3)(c),paragraph(3)(d),paragraph1955 (3)(e),paragraph(3)(f), orparagraph(3)(g) of this section, 1956 Florida Statutes 2014, if title to such lands is vested in the 1957 Board of Trustees of the Internal Improvement Trust Fund, may be 1958 disposed of by the Board of Trustees of the Internal Improvement 1959 Trust Fund in accordance with the provisions and procedures set 1960 forth in s. 253.034(6), and lands acquired pursuant to former 1961 paragraph (3)(b) of this section, Florida Statutes 2014, may be 1962 disposed of by the owning water management district in 1963 accordance with the procedures and provisions set forth in ss. 1964 373.056 and 373.089 provided such disposition also shall satisfy 1965 the requirements of paragraphs (b) and (c). 1966 (b) Before land acquired with Preservation 2000 funds may 1967 be surplused as required by s. 253.034(6),or determined to be 1968 no longer required for its purposes under s. 373.056(4), as 1969whichever may beapplicable, there shall first be a 1970 determination by the Board of Trustees of the Internal 1971 Improvement Trust Fund, or, in the case of water management 1972 district lands, by the owning water management district, that 1973 such land no longer needs to be preserved in furtherance of the 1974 intent of the Florida Preservation 2000 Act. Any lands eligible 1975 to be disposed of under this procedure also may be used to 1976 acquire other lands through an exchange of lands if, provided1977 such lands obtained in an exchange are described in the same 1978 paragraph of former subsection (3) of this section, Florida 1979 Statutes 2014, as the lands disposed. 1980 (c)Notwithstanding paragraphs (a) and (b), no such1981disposition of land shall be made if such disposition would have1982the effect of causing all or any portion of the interest on any1983revenue bonds issued to fund the Florida Preservation 2000 Act1984to lose their exclusion from gross income for purposes of1985federal income taxation. AnyRevenue derived from the disposal 1986 ofsuchlands acquired with Preservation 2000 funds may not be 1987 used for any purpose except for deposit into theFlorida1988Preservation 2000 Trust Fund, or theFlorida Forever Trust Fund 1989 within the Department of Environmental Protection, for recredit 1990 to the share held under former subsection (3) of this section, 1991 Florida Statutes 2014, in which such disposed land is described. 1992 (6)(7)ALTERNATE USES OF ACQUIRED LANDS.— 1993 (a) The Board of Trustees of the Internal Improvement Trust 1994 Fund, or, in the case of water management district lands, the 1995 owning water management district, may authorize the granting of 1996 a lease, easement, or license for the use of any lands acquired 1997 pursuant to former subsection (3) of this section, Florida 1998 Statutes 2014, for any governmental use permitted by s. 17, Art. 1999 IX of the State Constitution of 1885, as adopted by s. 9(a), 2000 Art. XII of the State Constitution, and any other incidental 2001 public or private use that is determined by the board or the 2002 owning water management district to be compatible with the 2003 purposes for which such lands were acquired. 2004 (b) Any existing lease, easement, or license acquired for 2005 incidental public or private use on, under, or across any lands 2006 acquired pursuant to former subsection (3) of this section, 2007 Florida Statutes 2014, shall be presumed not to be incompatible 2008 with the purposes for which such lands were acquired. 2009(c) Notwithstanding the provisions of paragraph (a), no2010such lease, easement, or license shall be entered into by the2011Department of Environmental Protection or other appropriate2012state agency if the granting of such lease, easement, or license2013would adversely affect the exclusion of the interest on any2014revenue bonds issued to fund the acquisition of the affected2015lands from gross income for federal income tax purposes, as2016described in s. 375.045(4).2017 (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—(8)2018 (a) The Legislature finds that, with the increasing 2019 pressures on the natural areas of this state, the state must 2020 develop creative techniques to maximize the use of acquisition 2021 and management moneys. The Legislaturealsofinds that the 2022 state’s environmental land-buying agencies should be encouraged 2023 to augment their traditional, fee simple acquisition programs 2024 with the use of alternatives to fee simple acquisition 2025 techniques. The Legislature also finds that using alternatives 2026 to fee simple acquisition by public land-buying agencies will 2027 achieve the following public policy goals: 2028 1. Allow more lands to be brought under public protection 2029 for preservation, conservation, and recreational purposes at 2030 less expense using public funds. 2031 2. Retain, on local government tax rolls, some portion of 2032 or interest in lands thatwhichare under public protection. 2033 3. Reduce long-term management costs by allowing private 2034 property owners to continue acting as stewards of the land, as 2035whereappropriate. 2036 2037 Therefore, it is the intent of the Legislature that public land 2038 buying agencies develop programs to pursue alternatives to fee 2039 simple acquisition and to educate private landowners about such 2040 alternatives and the benefits of such alternatives. It also is 2041 the intent of the Legislature that the department and the water 2042 management districts spend a portion of their shares of 2043 Preservation 2000 bond proceeds to purchase eligible properties 2044 using alternatives to fee simple acquisition. Finally, it is the 2045 intent of the Legislature that public agencies acquire lands in 2046 fee simple for public access and recreational activities. Lands 2047 protected using alternatives to fee simple acquisition 2048 techniques mayshallnot be accessible to the public unless such 2049 access is negotiated with and agreed to by the private 2050 landowners who retain interests in such lands. 2051 (b) The Land Acquisition Advisory Council and the water 2052 management districts shall identify, within their 1997 2053 acquisition plans, those projects thatwhichrequire a full fee 2054 simple interest to achieve the public policy goals, along with 2055 the reasons why full title is determined to be necessary. The 2056 council and the water management districts may use alternatives 2057 to fee simple acquisition to bring the remaining projects in 2058 their acquisition plans under public protection. For the 2059 purposes of this subsection, the term “alternatives to fee 2060 simple acquisition” includes the, but is not limited to:2061 purchase of development rights; conservation easements; flowage 2062 easements; the purchase of timber rights, mineral rights, or 2063 hunting rights; the purchase of agricultural interests or 2064 silvicultural interests; land protection agreements; fee simple 2065 acquisitions with reservations; or any other acquisition 2066 technique thatwhichachieves the public policy goals identified 2067listedin paragraph (a). It is presumed that a private landowner 2068 retains the full range of uses for all the rights or interests 2069 in the landowner’s land which are not specifically acquired by 2070 the public agency. Life estates and fee simple acquisitions with 2071 leaseback provisions doshallnot qualify as an alternative to 2072 fee simple acquisition under this subsection, although the 2073 department and the districts are encouraged to use such 2074 techniques ifwhereappropriate. 2075 (c) The department and each water management district shall 2076 implement initiatives to use alternatives to fee simple 2077 acquisition and to educate private landowners about such 2078 alternatives. These initiatives mustshallinclude at least two 2079 acquisitions a year by the department and each water management 2080 district utilizing alternatives to fee simple. 2081 (d) The Legislature finds that the lack of direct sales 2082 comparison information has served as an impediment to successful 2083 implementation of alternatives to fee simple acquisition. It is 2084 the intent of the Legislature that, in the absence of direct 2085 comparable sales information, appraisals of alternatives to fee 2086 simple acquisitions be based on the difference between the full 2087 fee simple valuation and the value of the interests remaining 2088 with the seller after acquisition. 2089 (e) The public agency thatwhichhas been assigned 2090 management responsibility shall inspect and monitor any less 2091 than-fee-simple interest according to the terms of the purchase 2092 agreement relating to such interest. 2093 (f) The department and the water management districts may 2094 enter into joint acquisition agreements to jointly fund the 2095 purchase of lands using alternatives to fee simple techniques. 2096 (8) PUBLIC RECREATIONAL USE.—An agency or water management 2097 district that acquired lands using Preservation 2000 funds 2098 distributed pursuant to former subsection (3) of this section, 2099 Florida Statutes 2014, shall manage such lands to make them 2100 available for public recreational use if the recreational use 2101 does not interfere with the protection of natural resource 2102 values. The agency or district may enter into an agreement with 2103 the department or another appropriate state agency to transfer 2104 management authority or lease to such agencies’ lands purchased 2105 with Preservation 2000 funds for the purpose of managing the 2106 lands to make them available for public recreational use. The 2107 water management districts and the department shall take action 2108 to control the growth of nonnative invasive plant species on 2109 lands they manage which were purchased with Preservation 2000 2110 funds. 2111 Section 27. Paragraph (a) of subsection (2), paragraphs 2112 (c), (l), and (m) of subsection (3), subsection (4), present 2113 subsection (5), paragraph (a) of present subsection (6), present 2114 subsection (10), paragraph (i) of present subsection (16), and 2115 present subsections (17) and (21) of section 259.105, Florida 2116 Statutes, are amended to read: 2117 259.105 The Florida Forever Act.— 2118 (2)(a) The Legislature finds and declares that: 2119 1. Land acquisition programs have provided tremendous 2120 financial resources for purchasing environmentally significant 2121 lands to protect those lands from imminent development or 2122 alteration, thereby ensuring present and future generations’ 2123 access to important waterways, open spaces, and recreation and 2124 conservation lands. 2125 2. The continued alteration and development of Florida’s 2126 natural and rural areas to accommodate the state’s growing 2127 population have contributed to the degradation of water 2128 resources, the fragmentation and destruction of wildlife 2129 habitats, the loss of outdoor recreation space, and the 2130 diminishment of wetlands, forests, working landscapes, and 2131 coastal open space. 2132 3. The potential development of Florida’s remaining natural 2133 areas and escalation of land values require government efforts 2134 to restore, bring under public protection, or acquire lands and 2135 water areas to preserve the state’s essential ecological 2136 functions and invaluable quality of life. 2137 4. It is essential to protect the state’s ecosystems by 2138 promoting a more efficient use of land, to ensure opportunities 2139 for viable agricultural activities on working lands, and to 2140 promote vital rural and urban communities that support and 2141 produce development patterns consistent with natural resource 2142 protection. 2143 5. Florida’s groundwater, surface waters, and springs are 2144 under tremendous pressure due to population growth and economic 2145 expansion and require special protection and restoration 2146 efforts, including the protection of uplands and springsheds 2147 that provide vital recharge to aquifer systems and are critical 2148 to the protection of water quality and water quantity of the 2149 aquifers and springs. To ensure that sufficient quantities of 2150 water are available to meet the current and future needs of the 2151 natural systems and citizens of the state, and assist in 2152 achieving the planning goals of the department and the water 2153 management districts, water resource development projects on 2154 public lands, where compatible with the resource values of and 2155 management objectives for the lands, are appropriate. 2156 6. The needs of urban, suburban, and small communities in 2157 Florida for high-quality outdoor recreational opportunities, 2158 greenways, trails, and open space have not been fully met by 2159 previous acquisition programs. Through such programs as the 2160 Florida Communities Trust and the Florida Recreation Development 2161 Assistance Program, the state shall place additional emphasis on 2162 acquiring, protecting, preserving, and restoring open space, 2163 ecological greenways, and recreation properties within urban, 2164 suburban, and rural areas where pristine natural communities or 2165 water bodies no longer exist because of the proximity of 2166 developed property. 2167 7. Many of Florida’s unique ecosystems, such as the Florida 2168 Everglades, are facing ecological collapse due to Florida’s 2169 burgeoning population growth and other economic activities. To 2170 preserve these valuable ecosystems for future generations, 2171 essential parcels of land must be acquired to facilitate 2172 ecosystem restoration. 2173 8. Access to public lands to support a broad range of 2174 outdoor recreational opportunities and the development of 2175 necessary infrastructure, where compatible with the resource 2176 values of and management objectives for such lands, promotes an 2177 appreciation for Florida’s natural assets and improves the 2178 quality of life. 2179 9. Acquisition of lands, in fee simple, less-than-fee 2180 interest, or other techniques shall be based on a comprehensive 2181 science-based assessment of Florida’s natural resources which 2182 targets essential conservation lands by prioritizing all current 2183 and future acquisitions based on a uniform set of data and 2184 planned so as to protect the integrity and function of 2185 ecological systems and working landscapes, and provide multiple 2186 benefits, including preservation of fish and wildlife habitat, 2187 recreation space for urban and rural areas, and the restoration 2188 of natural water storage, flow, and recharge. 2189 10. The state has embraced performance-based program 2190 budgeting as a tool to evaluate the achievements of publicly 2191 funded agencies, build in accountability, and reward those 2192 agencies which are able to consistently achieve quantifiable 2193 goals. While previous and existing state environmental programs 2194 have achieved varying degrees of success, few of these programs 2195 can be evaluated as to the extent of their achievements, 2196 primarily because performance measures, standards, outcomes, and 2197 goals were not established at the outset. Therefore, the Florida 2198 Forever program shall be developed and implemented in the 2199 context of measurable state goals and objectives. 2200 11. The state must play a major role in the recovery and 2201 management of its imperiled species through the acquisition, 2202 restoration, enhancement, and management of ecosystems that can 2203 support the major life functions of such species. It is the 2204 intent of the Legislature to support local, state, and federal 2205 programs that result in net benefit to imperiled species habitat 2206 by providing public and private land owners meaningful 2207 incentives for acquiring, restoring, managing, and repopulating 2208 habitats for imperiled species. It is the further intent of the 2209 Legislature that public lands, both existing and to be acquired, 2210 identified by the lead land managing agency, in consultation 2211 with the Florida Fish and Wildlife Conservation Commission for 2212 animals or the Department of Agriculture and Consumer Services 2213 for plants, as habitat or potentially restorable habitat for 2214 imperiled species, be restored, enhanced, managed, and 2215 repopulated as habitat for such species to advance the goals and 2216 objectives of imperiled species management consistent with the 2217 purposes for which such lands are acquired without restricting 2218 other uses identified in the management plan. It is also the 2219 intent of the Legislature that of the proceeds distributed 2220 pursuant to subsection (3), additional consideration be given to 2221 acquisitions that achieve a combination of conservation goals, 2222 including the restoration, enhancement, management, or 2223 repopulation of habitat for imperiled species. The Acquisition 2224 and Restoration Council, in addition to the criteria in 2225 subsection (9), shall give weight to projects that include 2226 acquisition, restoration, management, or repopulation of habitat 2227 for imperiled species. The term “imperiled species” as used in 2228 this chapter and chapter 253, means plants and animals that are 2229 federally listed under the Endangered Species Act, or state 2230 listed by the Fish and Wildlife Conservation Commission or the 2231 Department of Agriculture and Consumer Services. 2232 a. As part of the state’s role, all state lands that have 2233 imperiled species habitat shall include as a consideration in 2234 management plan development the restoration, enhancement, 2235 management, and repopulation of such habitats. In addition, the 2236 lead land managing agency of such state lands may use fees 2237 received from public or private entities for projects to offset 2238 adverse impacts to imperiled species or their habitat in order 2239 to restore, enhance, manage, repopulate, or acquire land and to 2240 implement land management plans developed under s. 253.034 or a 2241 land management prospectus developed and implemented under this 2242 chapter. Such fees shall be deposited into a foundation or fund 2243 created by each land management agency under s. 379.223, s. 2244 589.012, or s. 259.032(9)(c)s. 259.032(11)(c), to be used 2245 solely to restore, manage, enhance, repopulate, or acquire 2246 imperiled species habitat. 2247 b. Where habitat or potentially restorable habitat for 2248 imperiled species is located on state lands, the Fish and 2249 Wildlife Conservation Commission and the Department of 2250 Agriculture and Consumer Services shall be included on any 2251 advisory group required under chapter 253, and the short-term 2252 and long-term management goals required under chapter 253 must 2253 advance the goals and objectives of imperiled species management 2254 consistent with the purposes for which the land was acquired 2255 without restricting other uses identified in the management 2256 plan. 2257 12. There is a need to change the focus and direction of 2258 the state’s major land acquisition programs and to extend 2259 funding and bonding capabilities, so that future generations may 2260 enjoy the natural resources of this state. 2261 (3) Less the costs of issuing and the costs of funding 2262 reserve accounts and other costs associated with bonds, the 2263 proceeds of cash payments or bonds issued pursuant to this 2264 section shall be deposited into the Florida Forever Trust Fund 2265 created by s. 259.1051. The proceeds shall be distributed by the 2266 Department of Environmental Protection in the following manner: 2267 (c) Twenty-one percent to the Department of Environmental 2268 Protection for use by the Florida Communities Trust for the 2269 purposes of part III of chapter 380, as described and limited by 2270 this subsection, and grants to local governments or nonprofit 2271 environmental organizations that are tax-exempt under s. 2272 501(c)(3) of the United States Internal Revenue Code for the 2273 acquisition of community-based projects, urban open spaces, 2274 parks, and greenways to implement local government comprehensive 2275 plans. From funds available to the trust and used for land 2276 acquisition, 75 percent shall be matched by local governments on 2277 a dollar-for-dollar basis. The Legislature intends that the 2278 Florida Communities Trust emphasize funding projects in low 2279 income or otherwise disadvantaged communities and projects that 2280 provide areas for direct water access and water-dependent 2281 facilities that are open to the public and offer public access 2282 by vessels to waters of the state, including boat ramps and 2283 associated parking and other support facilities. At least 30 2284 percent of the total allocation provided to the trust shall be 2285 used in Standard Metropolitan Statistical Areas, but one-half of 2286 that amount shall be used in localities in which the project 2287 site is located in built-up commercial, industrial, or mixed-use 2288 areas and functions to intersperse open spaces within congested 2289 urban core areas. From funds allocated to the trust, no less 2290 than 5 percent shall be used to acquire lands for recreational 2291 trail systems, provided that in the event these funds are not 2292 needed for such projects, they will be available for other trust 2293 projects. Local governments may use federal grants or loans, 2294 private donations, or environmental mitigation funds, including2295environmental mitigation funds required pursuant to s. 338.250,2296 for any part or all of any local match required for acquisitions 2297 funded through the Florida Communities Trust. Any lands 2298 purchased by nonprofit organizations using funds allocated under 2299 this paragraph must provide for such lands to remain permanently 2300 in public use through a reversion of title to local or state 2301 government, conservation easement, or other appropriate 2302 mechanism. Projects funded with funds allocated to the trust 2303 shall be selected in a competitive process measured against 2304 criteria adopted in rule by the trust. 2305 (l) For the purposes of paragraphs (e), (f), (g), and (h), 2306 the agencies that receive the funds shall develop their 2307 individual acquisition or restoration lists in accordance with 2308 specific criteria and numeric performance measures developed 2309 pursuant to s. 259.035(4). Proposed additions may be acquired if 2310 they are identified within the original project boundary, the 2311 management plan required pursuant to s. 253.034(5), or the 2312 management prospectus required pursuant to s. 259.032(7)(d)s.2313259.032(9)(d). Proposed additions not meeting the requirements 2314 of this paragraph shall be submitted to the Acquisition and 2315 Restoration Council for approval. The council may only approve 2316 the proposed addition if it meets two or more of the following 2317 criteria: serves as a link or corridor to other publicly owned 2318 property; enhances the protection or management of the property; 2319 would add a desirable resource to the property; would create a 2320 more manageable boundary configuration; has a high resource 2321 value that otherwise would be unprotected; or can be acquired at 2322 less than fair market value. 2323(m) Notwithstanding paragraphs (a)-(j) and for the 201423242015 fiscal year only:23251. Five million dollars to the Department of Agriculture2326and Consumer Services for the acquisition of agricultural lands2327through perpetual conservation easements and other perpetual2328less-than-fee techniques, which will achieve the objectives of2329Florida Forever and s. 570.71.23302. The remaining moneys appropriated from the Florida2331Forever Trust Fund shall be distributed only to the Division of2332State Lands within the Department of Environmental Protection2333for land acquisitions that are less-than-fee interest, for2334partnerships in which the state’s portion of the acquisition2335cost is no more than 50 percent, or for conservation lands2336needed for military buffering or springs or water resources2337protection.2338 2339This paragraph expires July 1, 2015.2340(4) Notwithstanding subsection (3) and for the 2014-20152341fiscal year only, the funds appropriated in section 56 of the23422014-2015 General Appropriations Act may be provided to water2343management districts for land acquisitions, including less-than2344fee interest, identified by water management districts as being2345needed for water resource protection or ecosystem restoration.2346This subsection expires July 1, 2015.2347 (4)(5)It is the intent of the Legislature that projects or 2348 acquisitions funded pursuant to paragraphs (3)(a) and (b) 2349 contribute to the achievement of the following goals, which 2350 shall be evaluated in accordance with specific criteria and 2351 numeric performance measures developed pursuant to s. 2352 259.035(4): 2353 (a) Enhance the coordination and completion of land 2354 acquisition projects, as measured by: 2355 1. The number of acres acquired through the state’s land 2356 acquisition programs that contribute to the enhancement of 2357 essential natural resources, ecosystem service parcels, and 2358 connecting linkage corridors as identified and developed by the 2359 best available scientific analysis; 2360 2. The number of acres protected through the use of 2361 alternatives to fee simple acquisition; or 2362 3. The number of shared acquisition projects among Florida 2363 Forever funding partners and partners with other funding 2364 sources, including local governments and the Federal Government. 2365 (b) Increase the protection of Florida’s biodiversity at 2366 the species, natural community, and landscape levels, as 2367 measured by: 2368 1. The number of acres acquired of significant strategic 2369 habitat conservation areas; 2370 2. The number of acres acquired of highest priority 2371 conservation areas for Florida’s rarest species; 2372 3. The number of acres acquired of significant landscapes, 2373 landscape linkages, and conservation corridors, giving priority 2374 to completing linkages; 2375 4. The number of acres acquired of underrepresented native 2376 ecosystems; 2377 5. The number of landscape-sized protection areas of at 2378 least 50,000 acres that exhibit a mosaic of predominantly intact 2379 or restorable natural communities established through new 2380 acquisition projects or augmentations to previous projects; or 2381 6. The percentage increase in the number of occurrences of 2382 imperiled species on publicly managed conservation areas. 2383 (c) Protect, restore, and maintain the quality and natural 2384 functions of land, water, and wetland systems of the state, as 2385 measured by: 2386 1. The number of acres of publicly owned land identified as 2387 needing restoration, enhancement, and management, acres 2388 undergoing restoration or enhancement, acres with restoration 2389 activities completed, and acres managed to maintain such 2390 restored or enhanced conditions; the number of acres which 2391 represent actual or potential imperiled species habitat; the 2392 number of acres which are available pursuant to a management 2393 plan to restore, enhance, repopulate, and manage imperiled 2394 species habitat; and the number of acres of imperiled species 2395 habitat managed, restored, enhanced, repopulated, or acquired; 2396 2. The percentage of water segments that fully meet, 2397 partially meet, or do not meet their designated uses as reported 2398 in the Department of Environmental Protection’s State Water 2399 Quality Assessment 305(b) Report; 2400 3. The percentage completion of targeted capital 2401 improvements in surface water improvement and management plans 2402 created under s. 373.453(2), regional or master stormwater 2403 management system plans, or other adopted restoration plans; 2404 4. The number of acres acquired that protect natural 2405 floodplain functions; 2406 5. The number of acres acquired that protect surface waters 2407 of the state; 2408 6. The number of acres identified for acquisition to 2409 minimize damage from flooding and the percentage of those acres 2410 acquired; 2411 7. The number of acres acquired that protect fragile 2412 coastal resources; 2413 8. The number of acres of functional wetland systems 2414 protected; 2415 9. The percentage of miles of critically eroding beaches 2416 contiguous with public lands that are restored or protected from 2417 further erosion; 2418 10. The percentage of public lakes and rivers in which 2419 invasive, nonnative aquatic plants are under maintenance 2420 control; or 2421 11. The number of acres of public conservation lands in 2422 which upland invasive, exotic plants are under maintenance 2423 control. 2424 (d) Ensure that sufficient quantities of water are 2425 available to meet the current and future needs of natural 2426 systems and the citizens of the state, as measured by: 2427 1. The number of acres acquired which provide retention and 2428 storage of surface water in naturally occurring storage areas, 2429 such as lakes and wetlands, consistent with the maintenance of 2430 water resources or water supplies and consistent with district 2431 water supply plans; 2432 2. The quantity of water made available through the water 2433 resource development component of a district water supply plan 2434 for which a water management district is responsible; or 2435 3. The number of acres acquired of groundwater recharge 2436 areas critical to springs, sinks, aquifers, other natural 2437 systems, or water supply. 2438 (e) Increase natural resource-based public recreational and 2439 educational opportunities, as measured by: 2440 1. The number of acres acquired that are available for 2441 natural resource-based public recreation or education; 2442 2. The miles of trails that are available for public 2443 recreation, giving priority to those that provide significant 2444 connections including those that will assist in completing the 2445 Florida National Scenic Trail; or 2446 3. The number of new resource-based recreation facilities, 2447 by type, made available on public land. 2448 (f) Preserve significant archaeological or historic sites, 2449 as measured by: 2450 1. The increase in the number of and percentage of historic 2451 and archaeological properties listed in the Florida Master Site 2452 File or National Register of Historic Places which are protected 2453 or preserved for public use; or 2454 2. The increase in the number and percentage of historic 2455 and archaeological properties that are in state ownership. 2456 (g) Increase the amount of forestland available for 2457 sustainable management of natural resources, as measured by: 2458 1. The number of acres acquired that are available for 2459 sustainable forest management; 2460 2. The number of acres of state-owned forestland managed 2461 for economic return in accordance with current best management 2462 practices; 2463 3. The number of acres of forestland acquired that will 2464 serve to maintain natural groundwater recharge functions; or 2465 4. The percentage and number of acres identified for 2466 restoration actually restored by reforestation. 2467 (h) Increase the amount of open space available in urban 2468 areas, as measured by: 2469 1. The percentage of local governments that participate in 2470 land acquisition programs and acquire open space in urban cores; 2471 or 2472 2. The percentage and number of acres of purchases of open 2473 space within urban service areas. 2474 2475 Florida Forever projects and acquisitions funded pursuant to 2476 paragraph (3)(c) shall be measured by goals developed by rule by 2477 the Florida Communities Trust Governing Board created in s. 2478 380.504. 2479 (5)(6)(a) All lands acquired pursuant to this section shall 2480 be managed for multiple-use purposes, where compatible with the 2481 resource values of and management objectives for such lands. As 2482 used in this section, “multiple-use” includes, but is not 2483 limited to, outdoor recreational activities as described in ss. 2484 253.034 and 259.032(7)(b)259.032(9)(b), water resource 2485 development projects, sustainable forestry management, carbon 2486 sequestration, carbon mitigation, or carbon offsets. 2487 (9)(10)The Acquisition and Restoration Council shall 2488 recommend rules for adoption by the board of trustees to 2489 competitively evaluate, select, and rank projects eligible for 2490 Florida Forever funds pursuant to paragraph (3)(b)and for2491additions to the Conservation and Recreation Lands list pursuant2492to ss. 259.032 and 259.101(4). In developing these proposed 2493 rules, the Acquisition and Restoration Council shall give weight 2494 to the following criteria: 2495 (a) The project meets multiple goals described in 2496 subsection (4). 2497 (b) The project is part of an ongoing governmental effort 2498 to restore, protect, or develop land areas or water resources. 2499 (c) The project enhances or facilitates management of 2500 properties already under public ownership. 2501 (d) The project has significant archaeological or historic 2502 value. 2503 (e) The project has funding sources that are identified and 2504 assured through at least the first 2 years of the project. 2505 (f) The project contributes to the solution of water 2506 resource problems on a regional basis. 2507 (g) The project has a significant portion of its land area 2508 in imminent danger of development, in imminent danger of losing 2509 its significant natural attributes or recreational open space, 2510 or in imminent danger of subdivision which would result in 2511 multiple ownership and make acquisition of the project costly or 2512 less likely to be accomplished. 2513 (h) The project implements an element from a plan developed 2514 by an ecosystem management team. 2515 (i) The project is one of the components of the Everglades 2516 restoration effort. 2517 (j) The project may be purchased at 80 percent of appraised 2518 value. 2519 (k) The project may be acquired, in whole or in part, using 2520 alternatives to fee simple, including but not limited to, tax 2521 incentives, mitigation funds, or other revenues; the purchase of 2522 development rights, hunting rights, agricultural or 2523 silvicultural rights, or mineral rights; or obtaining 2524 conservation easements or flowage easements. 2525 (l) The project is a joint acquisition, either among public 2526 agencies, nonprofit organizations, or private entities, or by a 2527 public-private partnership. 2528 (15)(16)The Acquisition and Restoration Council shall 2529 submit to the board of trustees, with its list of projects, a 2530 report that includes, but shall not be limited to, the following 2531 information for each project listed: 2532 (i) A management policy statement for the project and a 2533 management prospectus pursuant to s. 259.032(7)(d)s.2534259.032(9)(d). 2535 (16)(17)All proposals for projects pursuant to paragraph 2536 (3)(b) shall be implemented only if adopted by the Acquisition 2537 and Restoration Council and approved by the board of trustees. 2538 The council shall consider and evaluate in writing the merits 2539 and demerits of each project that is proposed for Florida 2540 Forever fundingand each proposed addition to the Conservation2541and Recreation Lands list program. The council shall ensure that 2542 each proposed project will meet a stated public purpose for the 2543 restoration, conservation, or preservation of environmentally 2544 sensitive lands and water areas or for providing outdoor 2545 recreational opportunitiesand that each proposed addition to2546the Conservation and Recreation Lands list will meet the public2547purposes under s. 259.032(3) and, when applicable, s.2548259.101(4). The council also shall determine whether the project 2549 or addition conforms, where applicable, with the comprehensive 2550 plan developed pursuant to s. 259.04(1)(a), the comprehensive 2551 multipurpose outdoor recreation plan developed pursuant to s. 2552 375.021, the state lands management plan adopted pursuant to s. 2553 253.03(7), the water resources work plans developed pursuant to 2554 s. 373.199, and the provisions of this section. 2555 (20)(21)Lands listed as projects for acquisition under the 2556 Florida Forever program may be managed for conservation pursuant 2557 to s. 259.032, on an interim basis by a private party in 2558 anticipation of a state purchase in accordance with a 2559 contractual arrangement between the acquiring agency and the 2560 private party that may include management service contracts, 2561 leases, cost-share arrangements, or resource conservation 2562 agreements. Lands designated as eligible under this subsection 2563 shall be managed to maintain or enhance the resources the state 2564 is seeking to protect by acquiring the land and to accelerate 2565 public access to the lands as soon as practicable. Funding for 2566 these contractual arrangements may originate from the 2567 documentary stamp tax revenue deposited into the Land 2568 AcquisitionConservation and Recreation LandsTrust Fundand2569Water Management Lands Trust Fund. No more than $6.2 million may 2570 be expended from the Land Acquisition Trust Fund5 percent of2571funds allocated under the trust funds shall be expendedfor this 2572 purpose. 2573 Section 28. Subsections (1) and (3) of section 259.1051, 2574 Florida Statutes, are amended to read: 2575 259.1051 Florida Forever Trust Fund.— 2576 (1) There is created the Florida Forever Trust Fund to 2577 carry out the purposes of ss. 259.032, 259.105, 259.1052, and 2578 375.031. The Florida Forever Trust Fund shall be held and 2579 administered by the Department of Environmental Protection. 2580 Proceeds from the sale of bonds, except proceeds of refunding 2581 bonds, issued under s. 215.618 and payable from moneys 2582 transferred to the Land Acquisition Trust Fund under s. 2583 201.15(1)s. 201.15(1)(a), not to exceed $5.3 billion, must be 2584 deposited into this trust fund to be distributed and used as 2585 provided in s. 259.105(3). The bond resolution adopted by the 2586 governing board of the Division of Bond Finance of the State 2587 Board of Administration may provide for additional provisions 2588 that govern the disbursement of the bond proceeds. 2589 (3) The Department of Environmental Protection shall ensure 2590 that the proceeds from the sale of bonds issued under s. 215.618 2591 and payable from moneys transferred to the Land Acquisition 2592 Trust Fund under s. 201.15(1)s. 201.15(1)(a)shall be 2593 administered and expended in a manner that ensures compliance of 2594 each issue of bonds that are issued on the basis that interest 2595 thereon will be excluded from gross income for federal income 2596 tax purposes, with the applicable provisions of the United 2597 States Internal Revenue Code and the regulations promulgated 2598 thereunder, to the extent necessary to preserve the exclusion of 2599 interest on the bonds from gross income for federal income tax 2600 purposes. The Department of Environmental Protection shall 2601 administer the use and disbursement of the proceeds of such 2602 bonds or require that the use and disbursement thereof be 2603 administered in a manner to implement strategies to maximize any 2604 available benefits under the applicable provisions of the United 2605 States Internal Revenue Code or regulations promulgated 2606 thereunder, to the extent not inconsistent with the purposes 2607 identified in s. 259.105(3). 2608 Section 29. Subsection (4) of section 339.0801, Florida 2609 Statutes, is amended to read: 2610 339.0801 Allocation of increased revenues derived from 2611 amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result 2612 from increased revenues to the State Transportation Trust Fund 2613 derived from the amendments to s. 319.32(5)(a) made by this act 2614 must be used annually, first as set forth in subsection (1) and 2615 then as set forth in subsections (2)-(5), notwithstanding any 2616 other provision of law: 2617 (4) Beginning in the 2013-2014 fiscal year and annually 2618 thereafter, $10 million shall be allocated to the Small County 2619 Outreach Program,to be used as specified in s. 339.2818. These 2620 funds are in addition to the funds provided for the program 2621 pursuant to s. 201.15(4)(a)2in s. 201.15(1)(c)1.b. 2622 Section 30. Subsection (9) of section 339.55, Florida 2623 Statutes, is amended to read: 2624 339.55 State-funded infrastructure bank.— 2625 (9) Funds paid into the State Transportation Trust Fund 2626 pursuant to s. 201.15(4)(a)s. 201.15(1)(c)for the purposes of 2627 the State Infrastructure Bank are hereby annually appropriated 2628 for expenditure to support that program. 2629 Section 31. Subsection (5) of section 341.303, Florida 2630 Statutes, is amended to read: 2631 341.303 Funding authorization and appropriations; 2632 eligibility and participation.— 2633 (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.— 2634(a)The department, through the Florida Rail Enterprise, is 2635 authorized to use funds provided pursuant to s. 201.15(4)(a)4. 2636under s. 201.15(1)(c)1.d.to fund: 2637 (a) Up to 50 percent of the nonfederal share of the costs 2638 of any eligible passenger rail capital improvement project. 2639 (b)The department, through the Florida Rail Enterprise, is2640authorized to use funds provided under s. 201.15(1)(c)1.d. to2641fundUp to 100 percent of planning and development costs related 2642 to the provision of a passenger rail system, including, but not 2643 limited to, preliminary engineering, revenue studies, 2644 environmental impact studies, financial advisory services, 2645 engineering design, and other appropriate professional services. 2646 (c)The department, through the Florida Rail Enterprise, is2647authorized to use funds provided under s. 201.15(1)(c)1.d. to2648fundThe high-speed rail system. 2649 (d)The department, through the Florida Rail Enterprise, is2650authorized to use funds provided under s. 201.15(1)(c)1.d. to2651fundProjects necessary to identify or address anticipated 2652 impacts of increased freight rail traffic resulting from the 2653 implementation of passenger rail systems as provided in s. 2654 341.302(3)(b). 2655 Section 32. Paragraph (b) of subsection (4) of section 2656 343.58, Florida Statutes, is amended to read: 2657 343.58 County funding for the South Florida Regional 2658 Transportation Authority.— 2659 (4) Notwithstanding any other provision of law to the 2660 contrary and effective July 1, 2010, until as provided in 2661 paragraph (d), the department shall transfer annually from the 2662 State Transportation Trust Fund to the South Florida Regional 2663 Transportation Authority the amounts specified in subparagraph 2664 (a)1. or subparagraph (a)2. 2665 (b) Funding required by this subsection may not be provided 2666 from the funds dedicated to the Florida Rail Enterprise pursuant 2667 to s. 201.15(4)(a)4under s. 201.15(1)(c)1.d. 2668 Section 33. Section 369.252, Florida Statutes, is amended 2669 to read: 2670 369.252 Invasive plant control on public lands.—The Fish 2671 and Wildlife Conservation Commission shall establish a program 2672 to: 2673 (1) Achieve eradication or maintenance control of invasive 2674 exotic plants on public lands when the scientific data indicate 2675 that they are detrimental to the state’s natural environment or 2676 when the Commissioner of Agriculture finds that such plants or 2677 specific populations thereof are a threat to the agricultural 2678 productivity of the state; 2679 (2) Assist state and local government agencies in the 2680 development and implementation of coordinated management plans 2681 for the eradication or maintenance control of invasive exotic 2682 plant species on public lands; 2683 (3) Contract, or enter into agreements, with entities in 2684 the State University System or other governmental or private 2685 sector entities for research concerning control agents; 2686 production and growth of biological control agents; and 2687 development of workable methods for the eradication or 2688 maintenance control of invasive exotic plants on public lands; 2689 and 2690 (4) Use funds in the Invasive Plant Control Trust Fund as 2691 authorized by the Legislature for carrying out activities under 2692 this section on public lands. A minimum of 20 percent of the 2693 amount appropriated by the Legislature for invasive plant 2694 control fromcredited tothe Land AcquisitionInvasive Plant2695ControlTrust Fundpursuant to s. 201.15(6)shall be used for 2696 the purpose of controlling nonnative, upland, invasive plant 2697 species on public lands. 2698 Section 34. Paragraph (c) of subsection (8) of section 2699 373.026, Florida Statutes, is amended to read: 2700 373.026 General powers and duties of the department.—The 2701 department, or its successor agency, shall be responsible for 2702 the administration of this chapter at the state level. However, 2703 it is the policy of the state that, to the greatest extent 2704 possible, the department may enter into interagency or 2705 interlocal agreements with any other state agency, any water 2706 management district, or any local government conducting programs 2707 related to or materially affecting the water resources of the 2708 state. All such agreements shall be subject to the provisions of 2709 s. 373.046. In addition to its other powers and duties, the 2710 department shall, to the greatest extent possible: 2711 (8) 2712 (c) Notwithstanding paragraph (b), the use of state funds 2713 for land purchases from willing sellers is authorized for 2714 projectswithin the South Florida Water Management District’s2715approved 5-year plan of acquisition pursuant to s. 373.59 or2716 within the South Florida Water Management District’s approved 2717 Florida Forever water management district work plan pursuant to 2718 s. 373.199. 2719 Section 35. Subsection (4) of section 373.089, Florida 2720 Statutes, is amended to read: 2721 373.089 Sale or exchange of lands, or interests or rights 2722 in lands.—The governing board of the district may sell lands, or 2723 interests or rights in lands, to which the district has acquired 2724 title or to which it may hereafter acquire title in the 2725 following manner: 2726 (4) The governing board of a district may exchange lands, 2727 or interests or rights in lands, owned by, or lands, or 2728 interests or rights in lands, for which title is otherwise 2729 vested in, the district for other lands, or interests or rights 2730 in lands, within the state owned by any person. The governing 2731 board shall fix the terms and conditions of any such exchange 2732 and may pay or receive any sum of money that the board considers 2733 necessary to equalize the values of exchanged properties. Land, 2734 or interests or rights in land, acquired under former s. 373.59, 2735 Florida Statutes 2014, may be exchanged only for lands, or 2736 interests or rights in lands, that otherwise meet the 2737 requirements of that section for acquisition. 2738 Section 36. Paragraph (a) of subsection (5) of section 2739 373.129, Florida Statutes, is amended to read: 2740 373.129 Maintenance of actions.—The department, the 2741 governing board of any water management district, any local 2742 board, or a local government to which authority has been 2743 delegated pursuant to s. 373.103(8), is authorized to commence 2744 and maintain proper and necessary actions and proceedings in any 2745 court of competent jurisdiction for any of the following 2746 purposes: 2747 (5) To recover a civil penalty for each offense in an 2748 amount not to exceed $10,000 per offense. Each date during which 2749 such violation occurs constitutes a separate offense. 2750 (a) A civil penalty recovered by a water management 2751 district pursuant to this subsection shall be retaineddeposited2752in the Water Management Lands Trust Fund established under s.2753373.59and used exclusively by the water management district 2754 that collecteddepositsthe moneyinto the fund. A civil penalty 2755 recovered by the department pursuant to this subsection must be 2756 deposited into the Water Quality Assurance Trust Fund 2757 established under s. 376.307Any such civil penalty recovered2758after the expiration of such fund shall be deposited in the2759Ecosystem Management and Restoration Trust Fund and used2760exclusively within the water management district that deposits2761the money into the fund. 2762 Section 37. Subsection (5) of section 373.1391, Florida 2763 Statutes, is amended to read: 2764 373.1391 Management of real property.— 2765 (5) The following additional uses of lands acquired 2766 pursuant to the Florida Forever program and other state-funded 2767 land purchase programs shall be authorized, upon a finding by 2768 the governing board, if they meet the criteria specified in 2769 paragraphs (a)-(e): water resource development projects, water 2770 supply development projects, stormwater management projects, 2771 linear facilities, and sustainable agriculture and forestry. 2772 Such additional uses are authorized where: 2773 (a) Not inconsistent with the management plan for such 2774 lands; 2775 (b) Compatible with the natural ecosystem and resource 2776 values of such lands; 2777 (c) The proposed use is appropriately located on such lands 2778 and where due consideration is given to the use of other 2779 available lands; 2780 (d) The using entity reasonably compensates the titleholder 2781 for such use based upon an appropriate measure of value; and 2782 (e) The use is consistent with the public interest. 2783 2784 A decision by the governing board pursuant to this subsection 2785 shall be given a presumption of correctness. Moneys received 2786 from the use of state lands pursuant to this subsection shall be 2787 returned to the lead managing agencyin accordance with the2788provisions of s. 373.59. 2789 Section 38. Subsection (7) of section 373.199, Florida 2790 Statutes, is amended to read: 2791 373.199 Florida Forever Water Management District Work 2792 Plan.— 2793 (7) By June 1, 2001, each district shall file with the 2794 President of the Senate, the Speaker of the House of 2795 Representatives, and the Secretary of Environmental Protection 2796 the initial 5-year work plan as required under subsection (2). 2797 By March 1 of each year thereafter, as part of the consolidated 2798 annual report required by s. 373.036(7), each district shall 2799 report on acquisitions completed during the year together with 2800 modifications or additions to its 5-year work plan. Included in 2801 the report shall be: 2802 (a) A description of land management activity for each 2803 property or project area owned by the water management district. 2804 (b) A list of any lands surplused and the amount of 2805 compensation received. 2806 (c) The progress of funding, staffing, and resource 2807 management of every project funded pursuant to former s. 2808 259.101(3), Florida Statutes 2014s. 259.101, s. 259.105, or 2809 former s. 373.59(2), Florida Statutes 2014,s. 373.59for which 2810 the district is responsible. 2811 2812 The secretary shall submit the report referenced in this 2813 subsection to the Board of Trustees of the Internal Improvement 2814 Trust Fund together with the Acquisition and Restoration 2815 Council’s project list as required under s. 259.105. 2816 Section 39. Subsection (7) of section 373.430, Florida 2817 Statutes, is amended to read: 2818 373.430 Prohibitions, violation, penalty, intent.— 2819 (7) All moneys recovered under the provisions of this 2820 section shall be allocated to the use of the water management 2821 district, the department, or the local government, whichever 2822 undertook and maintained the enforcement action. All monetary 2823 penalties and damages recovered by the department or the state 2824 under the provisions of this section shall be deposited intoin2825 the Water Quality AssuranceEcosystem Management and Restoration2826 Trust Fund. All monetary penalties and damages recovered 2827 pursuant to this section by a water management district shall be 2828 retaineddeposited in the Water Management Lands Trust Fund2829established under s. 373.59and used exclusively within the 2830 territory of the water management district which collected 2831depositsthe moneyinto the fund.Any such monetary penalties2832and damages recovered after the expiration of such fund shall be2833deposited in the Ecosystem Management and Restoration Trust Fund2834and used exclusively within the territory of the water2835management district which deposits the money into the fund.All 2836 monetary penalties and damages recovered pursuant to this 2837 subsection by a local government to which authority has been 2838 delegated pursuant to s. 373.103(8) shall be used to enhance 2839 surface water improvement or pollution control activities. 2840 Section 40. Subsections (3) through (6) of section 373.459, 2841 Florida Statutes, are amended to read: 2842 373.459 Funds for surface water improvement and 2843 management.— 2844 (3)The Ecosystem Management and Restoration Trust Fund2845shall be used for the deposit of funds appropriated by the2846Legislature for the purposes of ss. 373.451-373.4595.The 2847 department shall administer all funds appropriated to or 2848 received for surface water improvement and management 2849 activities. Expenditure of the moneys shall be limited to the 2850 costs of detailed planning and plan and program implementation 2851 for priority surface water bodies. Moneys mayfrom the fund2852shallnot be expended for planning for, or construction or 2853 expansion of, treatment facilities for domestic or industrial 2854 waste disposal. 2855 (4) The department shall authorize the release of money 2856from the fundin accordance withthe provisions ofs. 373.501(2) 2857and procedures in s. 373.59(4) and (5). 2858(5) Moneys in the fund which are not needed to meet current2859obligations incurred under this section shall be transferred to2860the State Board of Administration, to the credit of the trust2861fund, to be invested in the manner provided by law. Interest2862received on such investments shall be credited to the trust2863fund.2864 (5)(6)The match requirement of subsection (2) doesshall2865 not apply to the Suwannee River Water Management District, the 2866 Northwest Florida Water Management District, or a financially 2867 disadvantaged small local government as defined in former s. 2868 403.885(3). 2869 Section 41. Paragraph (a) of subsection (3) of section 2870 373.4592, Florida Statutes, is amended to read: 2871 373.4592 Everglades improvement and management.— 2872 (3) EVERGLADES LONG-TERM PLAN.— 2873 (a) The Legislature finds that the Everglades Program 2874 required by this section establishes more extensive and 2875 comprehensive requirements for surface water improvement and 2876 management within the Everglades than the SWIM plan requirements 2877 provided in ss. 373.451 and 373.453. In order to avoid 2878 duplicative requirements, and in order to conserve the resources 2879 available to the district, the SWIM plan requirements of those 2880 sections shall not apply to the Everglades Protection Area and 2881 the EAA during the term of the Everglades Program, and the 2882 district will neither propose, nor take final agency action on, 2883 any Everglades SWIM plan for those areas until the Everglades 2884 Program is fully implemented. Funds identified under former s. 2885 259.101(3)(b), Florida Statutes 2014, may be used for 2886 acquisition of lands necessary to implement the Everglades 2887 Construction Project, to the extent these funds are identified 2888 in the Statement of Principles of July 1993. The district’s 2889 actions in implementing the Everglades Construction Project 2890 relating to the responsibilities of the EAA and C-139 Basin for 2891 funding and water quality compliance in the EAA and the 2892 Everglades Protection Area shall be governed by this section. 2893 Other strategies or activities in the March 1992 Everglades SWIM 2894 plan may be implemented if otherwise authorized by law. 2895 Section 42. Subsection (4) of section 373.45926, Florida 2896 Statutes, is amended to read: 2897 373.45926 Everglades Trust Fund; allocation of revenues and 2898 expenditure of funds for conservation and protection of natural 2899 resources and abatement of water pollution.— 2900 (4) The following funds shall be deposited into the 2901 Everglades Trust Fund specifically for the implementation of the 2902 Everglades Forever Act. 2903 (a) Alligator Alley toll revenues pursuant to s. 338.26(3). 2904 (b) Everglades agricultural privilege tax revenues pursuant 2905 to s. 373.4592(6). 2906 (c) C-139 agricultural privilege tax revenues pursuant to 2907 s. 373.4592(7). 2908 (d) Special assessment revenues pursuant to s. 373.4592(8). 2909 (e) Ad valorem revenues pursuant to s. 373.4592(4)(a). 2910 (f) Federal funds appropriated by the United States 2911 Congress for any component of the Everglades Construction 2912 Project. 2913(g) Preservation 2000 funds for acquisition of lands2914necessary for implementation of the Everglades Forever Act as2915prescribed in an annual appropriation.2916 (g)(h)Any additional funds specifically appropriated by 2917 the Legislature for this purpose. 2918 (h)(i)Gifts designated for implementation of the 2919 Everglades Forever Act from individuals, corporations, and other 2920 entities. 2921 (i)(j)Any additional funds that become available for this 2922 purpose from any other source. 2923 Section 43. Paragraph (e) of subsection (4), paragraph (a) 2924 of subsection (6), and paragraph (b) of subsection (7) of 2925 section 373.470, Florida Statutes, are amended to read: 2926 373.470 Everglades restoration.— 2927 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR 2928 DEPOSIT.—The following funds may be deposited into the Save Our 2929 Everglades Trust Fund created by s. 373.472 to finance 2930 implementation of the comprehensive plan, the Lake Okeechobee 2931 Watershed Protection Plan, the River Watershed Protection Plans, 2932 and the Keys Wastewater Plan: 2933(e) Funds made available pursuant to s. 201.15 for debt2934service for Everglades restoration bonds.2935 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.— 2936 (a) Except as provided in paragraphs (d) and (e) and for 2937 funds appropriated for debt service, the department shall 2938 distribute funds in the Save Our Everglades Trust Fund to the 2939 district in accordance with a legislative appropriation and s. 2940 373.026(8)(b)and (c). Distribution of funds to the district 2941 from the Save Our Everglades Trust Fund shall be equally matched 2942 by the cumulative contributions from the district by fiscal year 2943 2019-2020 by providing funding or credits toward project 2944 components. The dollar value of in-kind project design and 2945 construction work by the district in furtherance of the 2946 comprehensive plan and existing interest in public lands needed 2947 for a project component are credits towards the district’s 2948 contributions. 2949 (7) ANNUAL REPORT.—To provide enhanced oversight of and 2950 accountability for the financial commitments established under 2951 this section and the progress made in the implementation of the 2952 comprehensive plan, the following information must be prepared 2953 annually as part of the consolidated annual report required by 2954 s. 373.036(7): 2955 (b) The department shall prepare a detailed report on all 2956 funds expended by the state and credited toward the state’s 2957 share of funding for implementation of the comprehensive plan. 2958 The report shall include: 2959 1. A description of all expenditures, by source and amount, 2960 from the former Conservation and Recreation Lands Trust Fund, 2961 the Land Acquisition Trust Fund, the former Preservation 2000 2962 Trust Fund, the Florida Forever Trust Fund, the Save Our 2963 Everglades Trust Fund, and other named funds or accounts for the 2964 acquisition or construction of project components or other 2965 features or facilities that benefit the comprehensive plan. 2966 2. A description of the purposes for which the funds were 2967 expended. 2968 3. The unencumbered fiscal-year-end balance that remains in 2969 each trust fund or account identified in subparagraph 1. 2970 2971 The information required in paragraphs (a), (b), and (c) shall 2972 be provided as part of the consolidated annual report required 2973 by s. 373.036(7). The initial report is due by November 30, 2974 2000, and each annual report thereafter is due by March 1. 2975 Section 44. Subsection (1) of section 373.472, Florida 2976 Statutes, is amended to read: 2977 373.472 Save Our Everglades Trust Fund.— 2978 (1) There is created within the Department of Environmental 2979 Protection the Save Our Everglades Trust Fund. Funds in the 2980 trust fund shall be expended to implement the comprehensive plan 2981 as defined in s. 373.470(2); the Lake Okeechobee Watershed 2982 Protection Plan as defined in s. 373.4595(2); the Caloosahatchee 2983 River Watershed Protection Plan as defined in s. 373.4595(2); 2984 the St. Lucie River Watershed Protection Plan as defined in s. 2985 373.4595(2); the Long-Term Plan as defined in s. 373.4592(2); 2986 and the Florida Keys Area of Critical State Concern protection 2987 program under ss. 380.05 and 380.0552 to restore and conserve 2988 natural systems through the implementation of water management 2989 projects, including wastewater management projects identified in 2990 the “Keys Wastewater Plan” dated November 2007 and submitted to 2991 the Florida House of Representatives on December 4, 2007; and to2992pay debt service for Everglades restoration bonds issued2993pursuant to s. 215.619. The trust fund shall serve as the 2994 repository for state, local, and federal project contributions 2995 in accordance with s. 373.470(4). 2996 Section 45. Subsection (2) of section 373.584, Florida 2997 Statutes, is amended to read: 2998 373.584 Revenue bonds.— 2999 (2) Revenues derived by the districtfrom the Water3000Management Lands Trust Fund as provided in s. 373.59 or any3001other revenues of the districtmay be pledged to the payment of 3002suchrevenue bonds; however, the ad valorem taxing powers of the 3003 district may not be pledged to the payment of such revenue bonds 3004 without prior compliance with the requirements of the State 3005 Constitution as to the affirmative vote of the electors of the 3006 district and with the requirements of s. 373.563, and bonds3007payable from the Water Management Lands Trust Fund shall be3008issued solely for the purposes set forth in s. 373.59. Revenue 3009 bonds and notes shall be, and shall be deemed to be, for all 3010 purposes, negotiable instruments, subject only to the provisions 3011 of the revenue bonds and notes for registration. The powers and 3012 authority of districts to issue revenue bonds, including, but 3013 not limited to, bonds to finance a stormwater management system 3014 as defined by s. 373.403, and to enter into contracts incidental 3015 thereto, and to do all things necessary and desirable in 3016 connection with the issuance of revenue bonds, shall be 3017 coextensive with the powers and authority of municipalities to 3018 issue bonds under state law. The provisions of this section 3019 constitute full and complete authority for the issuance of 3020 revenue bonds and shall be liberally construed to effectuate its 3021 purpose. 3022 Section 46. Section 373.59, Florida Statutes, is amended to 3023 read: 3024 373.59 Payment in lieu of taxes for lands acquired for 3025 water management district purposesWater Management Lands Trust3026Fund.— 3027 (1)There is established within the Department of3028Environmental Protection the Water Management Lands Trust Fund3029to be used as a nonlapsing fund for the purposes of this3030section. The moneys in this fund are hereby continually3031appropriated for the purposes of land acquisition, management,3032maintenance, capital improvements of land titled to the3033districts, payments in lieu of taxes, debt service on bonds3034issued prior to July 1, 1999, debt service on bonds issued on or3035after July 1, 1999, which are issued to refund bonds issued3036before July 1, 1999, preacquisition costs associated with land3037purchases, and the department’s costs of administration of the3038fund. No refunding bonds may be issued which mature after the3039final maturity date of the bonds being refunded or which provide3040for higher debt service in any year than is payable on such3041bonds as of February 1, 2009. The department’s costs of3042administration shall be charged proportionally against each3043district’s allocation using the formula provided in subsection3044(8). Capital improvements shall include, but need not be limited3045to, perimeter fencing, signs, firelanes, control of invasive3046exotic species, controlled burning, habitat inventory and3047restoration, law enforcement, access roads and trails, and3048minimal public accommodations, such as primitive campsites,3049garbage receptacles, and toilets. The moneys in the fund may3050also be appropriated to supplement operational expenditures at3051the Northwest Florida Water Management District and the Suwannee3052River Water Management District, with such appropriations3053allocated prior to the allocations set out in subsection (8) to3054the five water management districts.3055(2) Until the Preservation 2000 Program is concluded, each3056district shall file with the Legislature and the Secretary of3057Environmental Protection a report of acquisition activity, by3058January 15 of each year, together with modifications or3059additions to its 5-year plan of acquisition. Included in the3060report shall be an identification of those lands which require a3061full fee simple interest to achieve water management goals and3062those lands which can be acquired using alternatives to fee3063simple acquisition techniques and still achieve such goals. In3064their evaluation of which lands would be appropriate for3065acquisition through alternatives to fee simple, district staff3066shall consider criteria including, but not limited to,3067acquisition costs, the net present value of future land3068management costs, the net present value of ad valorem revenue3069loss to the local government, and the potential for revenue3070generated from activities compatible with acquisition3071objectives. The report shall also include a description of land3072management activity. However, no acquisition of lands shall3073occur without a public hearing similar to those held pursuant to3074the provisions set forth in s. 120.54. In the annual update of3075its 5-year plan for acquisition, each district shall identify3076lands needed to protect or recharge groundwater and shall3077establish a plan for their acquisition as necessary to protect3078potable water supplies. Lands which serve to protect or recharge3079groundwater identified pursuant to this paragraph shall also3080serve to protect other valuable natural resources or provide3081space for natural resource based recreation. Once all3082Preservation 2000 funds allocated to the water management3083districts have been expended or committed, this subsection shall3084be repealed.3085(3) Each district shall remove the property of an unwilling3086seller from its plan of acquisition at the next scheduled update3087of the plan, if in receipt of a request to do so by the property3088owner. This subsection shall be repealed at the conclusion of3089the Preservation 2000 program.3090(4) The Secretary of Environmental Protection shall release3091moneys from the Water Management Lands Trust Fund to a district3092for preacquisition costs within 30 days after receipt of a3093resolution adopted by the district’s governing board which3094identifies and justifies any such preacquisition costs necessary3095for the purchase of any lands listed in the district’s 5-year3096plan. The district shall return to the department any funds not3097used for the purposes stated in the resolution, and the3098department shall deposit the unused funds into the Water3099Management Lands Trust Fund.3100(5) The Secretary of Environmental Protection shall release3101to the districts moneys for management, maintenance, and capital3102improvements following receipt of a resolution and request3103adopted by the governing board which specifies the designated3104managing agency, specific management activities, public use,3105estimated annual operating costs, and other acceptable3106documentation to justify release of moneys.3107(6) If a district issues revenue bonds or notes under s.3108373.584 prior to July 1, 1999, the district may pledge its share3109of the moneys in the Water Management Lands Trust Fund as3110security for such bonds or notes. The Department of3111Environmental Protection shall pay moneys from the trust fund to3112a district or its designee sufficient to pay the debt service,3113as it becomes due, on the outstanding bonds and notes of the3114district; however, such payments shall not exceed the district’s3115cumulative portion of the trust fund. However, any moneys3116remaining after payment of the amount due on the debt service3117shall be released to the district pursuant to subsection (5).3118(7) Any unused portion of a district’s share of the fund3119shall accumulate in the trust fund to the credit of that3120district. Interest earned on such portion shall also accumulate3121to the credit of that district to be used for management,3122maintenance, and capital improvements as provided in this3123section. The total moneys over the life of the fund available to3124any district under this section shall not be reduced except by3125resolution of the district governing board stating that the need3126for the moneys no longer exists. Any water management district3127with fund balances in the Water Management Lands Trust Fund as3128of March 1, 1999, may expend those funds for land acquisitions3129pursuant to s. 373.139, or for the purpose specified in this3130subsection.3131(8) Moneys from the Water Management Lands Trust Fund shall3132be allocated as follows:3133(a) Beginning with the 2009-2010 fiscal year, thirty3134percent shall be used first to pay debt service on bonds issued3135before February 1, 2009, by the South Florida Water Management3136District which are secured by revenues provided by this section3137or to fund debt service reserve funds, rebate obligations, or3138other amounts payable with respect to such bonds, then to3139transfer $3,000,000 to the credit of the General Revenue Fund in3140each fiscal year, and lastly to distribute the remainder to the3141South Florida Water Management District.3142(b) Beginning with the 2009-2010 fiscal year, twenty-five3143percent shall be used first to transfer $2,500,000 to the credit3144of the General Revenue Fund in each fiscal year and then to3145distribute the remainder to the Southwest Florida Water3146Management District.3147(c) Beginning with the 2009-2010 fiscal year, twenty-five3148percent shall be used first to pay debt service on bonds issued3149before February 1, 2009, by the St. Johns River Water Management3150District which are secured by revenues provided by this section3151or to fund debt service reserve funds, rebate obligations, or3152other amounts payable with respect to such bonds, then to3153transfer $2,500,000 to the credit of the General Revenue Fund in3154each fiscal year, and to distribute the remainder to the St.3155Johns River Water Management District.3156(d) Ten percent to the Suwannee River Water Management3157District.3158(e) Ten percent to the Northwest Florida Water Management3159District.3160(9) Moneys in the fund not needed to meet current3161obligations incurred under this section shall be transferred to3162the State Board of Administration, to the credit of the fund, to3163be invested in the manner provided by law. Interest received on3164such investments shall be credited to the fund.3165(10)(a)Beginning July 1, 1999,not more than one-fourth of3166thefundsprovided for in subsections (1) and (8) in any year3167 shall be reserved annually by a governing board, during the 3168 development of its annual operating budget, for payments in lieu 3169 of taxes for all actual ad valorem tax losses incurred as a 3170 result of all governing board acquisitions for water management 3171 district purposes.Reserved funds not used for payments in lieu3172of taxes in any year shall revert to the Water Management Lands3173Trust Fund to be used in accordance with the provisions of this3174section.3175 (2)(b)Payment in lieu of taxes shall be available: 3176 (a)1.To all counties that have a population of 150,000 or 3177 fewer. Population levels shall be determined pursuant to s. 3178 186.901. The population estimates published April 1 and used in 3179 the revenue-sharing formula pursuant to s. 186.901 shall be used 3180 to determine eligibility under this subsection and shall apply 3181 to payments made for the subsequent fiscal year. 3182 (b)2.To all local governments located in eligible counties 3183 and whose lands are bought and taken off the tax rolls. 3184 3185 For properties acquired after January 1, 2000, in the event that 3186 such properties otherwise eligible for payment in lieu of taxes 3187 under this subsection are leased or reserved and remain subject 3188 to ad valorem taxes, payments in lieu of taxes shall commence or 3189 recommence upon the expiration or termination of the lease or 3190 reservation. If the lease is terminated for only a portion of 3191 the lands at any time, the annual payments shall be made for 3192 that portion only commencing the year after such termination, 3193 without limiting the requirement that annual payments shall be 3194 made on the remaining portion or portions of the land as the 3195 lease on each expires. For the purposes of this subsection, 3196 “local government” includes municipalities and the county school 3197 board. 3198 (3)(c)If sufficient funds are unavailable in any year to 3199 make full payments to all qualifying counties and local 3200 governments, such counties and local governments shall receive a 3201 pro rata share of the moneys available. 3202 (4)(d)The payment amount shall be based on the average 3203 amount of actual ad valorem taxes paid on the property for the 3 3204 years preceding acquisition. Applications for payment in lieu of 3205 taxes shall be made no later than May 31 of the year for which 3206 payment is sought. No payment in lieu of taxes shall be made for 3207 properties which were exempt from ad valorem taxation for the 3208 year immediately preceding acquisition. 3209 (5)(e)If property that was subject to ad valorem taxation 3210 was acquired by a tax-exempt entity for ultimate conveyance to 3211 the state under this chapter, payment in lieu of taxes shall be 3212 made for such property based upon the average amount of ad 3213 valorem taxes paid on the property for the 3 years prior to its 3214 being removed from the tax rolls. The water management districts 3215 shall certify to the Department of Revenue those properties that 3216 may be eligible under this provision. Once eligibility has been 3217 established, that governmental entity shall receive annual 3218 payments for each tax loss until the qualifying governmental 3219 entity exceeds the population threshold pursuant to subsection 3220 (2)paragraph (b). 3221 (6)(f)Payment in lieu of taxes pursuant to this section 3222subsectionshall be made annually to qualifying counties and 3223 local governments after certification by the Department of 3224 Revenue that the amounts applied for are reasonably appropriate, 3225 based on the amount of actual ad valorem taxes paid on the 3226 eligible property, and after the water management districts have 3227 provided supporting documents to the Chief Financial Officer and 3228 have requested that payment be made in accordance with the 3229 requirements of this section. With the assistance of the local 3230 government requesting payment in lieu of taxes, the water 3231 management district that acquired the land is responsible for 3232 preparing and submitting application requests for payment to the 3233 Department of Revenue for certification. 3234 (7)(g)If a water management district conveys to a county 3235 or local government title to any land owned by the district, any 3236 payments in lieu of taxes on the land made to the county or 3237 local government shall be discontinued as of the date of the 3238 conveyance. 3239(11) Notwithstanding any provision of this section to the3240contrary, the governing board of a water management district may3241request, and the Secretary of Environmental Protection shall3242release upon such request, moneys allocated to the districts3243pursuant to subsection (8) for purposes consistent with the3244provisions of s. 373.709, s. 373.705, s. 373.139, or ss.3245373.451-373.4595 and for legislatively authorized land3246acquisition and water restoration initiatives. No funds may be3247used pursuant to this subsection until necessary debt service3248obligations, requirements for payments in lieu of taxes, and3249land management obligations that may be required by this chapter3250are provided for.3251(12) Notwithstanding subsection (8), and for the 2014-20153252fiscal year only, the moneys from the Water Management Lands3253Trust Fund are allocated as follows:3254(a) An amount necessary to pay debt service on bonds issued3255before February 1, 2009, by the South Florida Water Management3256District and the St. Johns River Water Management District,3257which are secured by revenues provided pursuant to this section,3258or to fund debt service reserve funds, rebate obligations, or3259other amounts payable with respect to such bonds.3260(b) Eight million dollars to be transferred to the General3261Revenue Fund.3262(c) Seven million seven hundred thousand dollars to be3263transferred to the Save Our Everglades Trust Fund to support3264Everglades restoration projects included in the final report of3265the Select Committee on Indian River Lagoon and Lake Okeechobee3266Basin, dated November 8, 2013.3267(d) Any remaining funds to be provided in accordance with3268the General Appropriations Act.3269 3270This subsection expires July 1, 2015.3271 Section 47. Section 373.5905, Florida Statutes, is amended 3272 to read: 3273 373.5905 Reinstatement of payments in lieu of taxes; 3274 duration.—If a water management district has made a payment in 3275 lieu of taxes to a governmental entity and subsequently 3276 suspended such payment, beginning July 1, 2009, the water 3277 management district shall reinstate appropriate payments and 3278 continue the payments for as long as the county population 3279 remains below the population threshold pursuant to s. 3280 373.59(2)(a)s. 373.59(10)(b). This section does not authorize 3281 or provide for payments in arrears. 3282 Section 48. Subsection (8) of section 373.703, Florida 3283 Statutes, is amended to read: 3284 373.703 Water production; general powers and duties.—In the 3285 performance of, and in conjunction with, its other powers and 3286 duties, the governing board of a water management district 3287 existing pursuant to this chapter: 3288 (8) In addition to the power to issue revenue bonds 3289 pursuant to s. 373.584, may issue revenue bonds for the purposes 3290 of paying the costs and expenses incurred in carrying out the 3291 purposes of this chapter or refunding obligations of the 3292 district issued pursuant to this section. Such revenue bonds 3293 shall be secured by, and be payable from, revenues derived from 3294 the operation, lease, or use of its water production and 3295 transmission facilities and other water-related facilities and 3296 from the sale of water or services relating thereto. Such 3297 revenue bonds may not be secured by, or be payable from,moneys3298derived by the district from the Water Management Lands Trust3299Fund or fromad valorem taxes received by the district or from 3300 moneys appropriated by the Legislature, unless otherwise 3301 specifically authorized by law. All provisions of s. 373.584 3302 relating to the issuance of revenue bonds which are not 3303 inconsistent with this section shall apply to the issuance of 3304 revenue bonds pursuant to this section. The district may also 3305 issue bond anticipation notes in accordance with the provisions 3306 of s. 373.584. 3307 Section 49. Subsection (8) of section 375.031, Florida 3308 Statutes, is amended to read: 3309 375.031 Acquisition of land; procedures.— 3310 (8) The department may, if it deems it desirable and in the 3311 best interest of the program, request the board of trustees to 3312 sell or otherwise dispose of any lands or water storage areas 3313 acquired under this act. The board of trustees, when so 3314 requested, shall offer the lands or water storage areas, on such 3315 terms as the department may determine, first to other state 3316 agencies and then, if still available, to the county or 3317 municipality in which the lands or water storage areas lie. If 3318 not acquired by another state agency or local governmental body 3319 for beneficial public purposes, the lands or water storage areas 3320 shall then be offered by the board of trustees at public sale, 3321 after first giving notice of such sale by publication in a 3322 newspaper published in the county or counties in which such 3323 lands or water storage areas lie not less than once a week for 3 3324 consecutive weeks. All proceeds from the sale or disposition of 3325 any lands or water storage areas pursuant to this section shall 3326 be deposited into the appropriate trust fund pursuant to s. 3327 253.034(6)(k), (l), or (m)in the Land Acquisition Trust Fund. 3328 Section 50. Section 375.041, Florida Statutes, is amended 3329 to read: 3330 375.041 Land Acquisition Trust Fund.— 3331 (1) There is created a Land Acquisition Trust Fund within 3332 the Department of Environmental Protection. The Land Acquisition 3333 Trust Fund is designated by s. 28, Art. X of the State 3334 Constitution for receipt of certain documentary stamp tax 3335 revenue for the uses prescribed thereinto facilitate and3336expedite the acquisition of land, water areas, and related3337resources required to accomplish the purposes of this act. The 3338 Land Acquisition Trust Fund shall be held and administered by 3339 the department. The Land Acquisition Trust Fund shall continue 3340 for as long as bonds are outstanding pursuant to s. 215.618 or 3341 s. 215.619, or any bonds secured on a parity basis with such 3342 bonds, or until the requirement of s. 28, Art. X of the State 3343 Constitution expires, whichever is laterAll moneys and revenue3344from the operation, management, sale, lease, or other3345disposition of land, water areas, related resources, and the3346facilities thereon acquired or constructed under this act shall3347be deposited in or credited to the Land Acquisition Trust Fund. 3348Moneys accruing to any agency for the purposes enumerated in3349this act may be deposited in this fund. There shall also be3350deposited into the Land Acquisition Trust Fund other moneys as3351authorized by appropriate act of the Legislature.All moneysso3352 deposited into the Land Acquisition Trust Fund shall be trust 3353 funds for the uses and purposes herein set forth, within the 3354 meaning of s. 215.32(1)(b); and such moneys shall not become or 3355 be commingled with the General Revenue Fund of the state, as 3356 defined by s. 215.32(1)(a). 3357 (2) All moneys and revenue from the sale or other 3358 disposition of land, water areas, or related resources acquired 3359 on or after July 1, 2015, for the purposes of s. 28, Art. X of 3360 the State Constitution shall be deposited into or credited to 3361 the Land Acquisition Trust Fund, except as otherwise provided 3362 pursuant to s. 253.034(6)(l). 3363 (3) Funds distributed intoThe moneys on deposit inthe 3364 Land Acquisition Trust Fund pursuant to s. 201.15 shall befirst3365 appliedto: 3366 (a) First, to pay debt service or to fund debt service 3367 reserve funds, rebate obligations, or other amounts payable with 3368 respect to Florida Forever bonds issued under s. 215.618; and 3369 pay debt service, provide reserves, and pay rebate obligations 3370 and other amounts due with respect to Everglades restoration 3371 bonds issued under s. 215.619; 3372 (b) Then, to pay the debt service on bonds issued before 3373 February 1, 2009, by the South Florida Water Management District 3374 and the St. Johns River Water Management District, which are 3375 secured by revenues provided pursuant to former s. 373.59, 3376 Florida Statutes 2014, or which are necessary to fund debt 3377 service reserve funds, rebate obligations, or other amounts 3378 payable with respect to such bonds. This paragraph expires July 3379 1, 2016; and 3380 (c) Then, to distribute $32 million each fiscal year to the 3381 South Florida Water Management District for the Long-Term Plan 3382 as defined in s. 373.4592(2). This paragraph expires July 1, 3383 2024pay the rentals due under lease-purchase agreements or to3384meet debt service requirements of revenue bonds issued pursuant3385to s. 375.051; provided, however, that debt service on Save Our3386Coast bonds shall not be paid from moneys transferred to the3387Land Acquisition Trust Fund pursuant to s. 259.032(2)(b). 3388 (4)(3)(a)Any remaining moneys in the Land Acquisition 3389 Trust Fund which are not distributedpledged for rentals or debt3390serviceas provided in subsection (3)(2)may be appropriated 3391expendedfrom time to time for the purposes set forth in s. 28, 3392 Art. X of the State Constitutionto acquire land, water areas,3393and related resources and to construct, improve, enlarge,3394extend, operate, and maintain capital improvements and3395facilities in accordance with the plan. 3396(b) In addition to the uses allowed under paragraph (a),3397for the 2014-2015 fiscal year, moneys in the Land Acquisition3398Trust Fund may be transferred to support the Total Maximum Daily3399Loads Program as provided in the General Appropriations Act.3400This paragraph expires July 1, 2015.3401(c) For the 2014-2015 fiscal year only, moneys in the Land3402Acquisition Trust Fund may be transferred to the Save Our3403Everglades Trust Fund to support Everglades restoration projects3404included in the final report of the Select Committee on Indian3405River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,3406and to the Florida Forever Trust Fund for the Florida Forever3407program pursuant to nonoperating budget authority under s.3408216.181(12). This paragraph expires July 1, 2015.3409(4) The department may disburse moneys in the Land3410Acquisition Trust Fund to pay all necessary expenses to carry3411out the purposes of this act. The department shall disburse3412moneys from the Land Acquisition Trust Fund to the Fish and3413Wildlife Conservation Commission for the purpose of funding law3414enforcement services on state lands.3415 (5) Moneys accruing to other agencies for the purposes 3416 designated in subsection (1) shall be transferred pursuant to 3417 nonoperating budget authority under s. 216.181(12). Agencies 3418 shall maintain the integrity of such transferred moneys. Any 3419 transferred moneys available from reversions or reductions of 3420 budget authority in the other agencies shall be transferred back 3421 to the Land Acquisition Trust Fund in the Department of 3422 Environmental Protection within 15 days after such reversion or 3423 reduction and must be available for future appropriation 3424 pursuant to s. 28, Art. X of the State Constitution. 3425 (6)(5)When the Legislature has authorized the Department 3426 of Environmental Protection to condemn a specific parcel of land 3427 and such parcel already has been approved for acquisition 3428 through the fund, the land may be acquired in accordance with 3429 the provisions of chapter 73 or chapter 74, and the fund may be 3430 used to pay the condemnation award and all costs, includinga3431 reasonable attorney feesattorney’s fee, associated with 3432 condemnation. 3433 Section 51. Subsection (2) of section 375.044, Florida 3434 Statutes, is amended to read: 3435 375.044 Land Acquisition Trust Fund budget request.— 3436 (2) The legislative budget request shall be submitted to 3437 the Executive Office of the Governor and the Legislature in 3438 conjunction with the provisions of ss. 216.023, 216.031, and 3439 216.043. The 10-year request shall include, but needshallnot 3440 be limited to: 3441 (a) A 10-year annual cash-flow analysis of the Land 3442 Acquisition Trust Fund. 3443(b) The requested schedule of the agency for issuance of3444Save Our Coasts bonds.3445 (b)(c)Forecasts of anticipated revenues to the Land 3446 Acquisition Trust Fund. 3447 (c)(d)The estimate of the agency of Land Acquisition Trust 3448 Fund encumbrances and commitments for each year and the 3449 corresponding estimates of expenditures. 3450 Section 52. Section 375.045, Florida Statutes, is repealed. 3451 Section 53. Subsection (1) and paragraph (c) of subsection 3452 (2) of section 375.075, Florida Statutes, are amended to read: 3453 375.075 Outdoor recreation; financial assistance to local 3454 governments.— 3455 (1) The Department of Environmental Protection is 3456 authorized to establish the Florida Recreation Development 3457 Assistance Program to provide grants, subject to legislative 3458 appropriation, to qualified local governmental entities to 3459 acquire or develop land for public outdoor recreation purposes. 3460To the extent not needed for debt service on bonds issued3461pursuant to s. 375.051, each year the department shall develop3462and plan a program which shall be based upon funding of not less3463than 5 percent of the money credited to the Land Acquisition3464Trust Fund pursuant to s. 201.15(2) and (3) in that year.The 3465 department shall develop and plan a program that mustwhich3466shallbe based upon thecumulative totalfunding appropriated by 3467 the Legislature for such purposeprovided from this section and3468from the Florida Forever Trust Fund pursuant to s.3469259.105(3)(d). 3470 (2) 3471 (c) Funds may not be released underNo release of funds3472from the Land Acquisition Trust Fund, or from the Florida3473Forever Trust Fund beginning in fiscal year 2001-2002, forthis 3474 programmay be madefor these public recreation projects until 3475 the projects have been selected through the competitive 3476 selection process provided for in this section. 3477 Section 54. Section 376.11, Florida Statutes, is amended to 3478 read: 3479 376.11 Florida Coastal Protection Trust Fund.— 3480 (1) The purpose of this section is to provide a mechanism 3481 to have financial resources immediately available for prevention 3482 of, and cleanup and rehabilitation after, a pollutant discharge, 3483 to prevent further damage by the pollutant, and to pay for 3484 damages. It is the legislative intent that this section be 3485 liberally construed to effect the purposes set forth, such 3486 interpretation being especially imperative in light of the 3487 danger to the environment and resources. 3488 (2) The Florida Coastal Protection Trust Fund is 3489 established, to be used by the department and the Fish and 3490 Wildlife Conservation Commission as a nonlapsing revolving fund 3491for carrying out the purposes of ss. 376.011-376.21. 3492 (3) The following funds shall be deposited into the Florida 3493 Coastal Protection Trust Fund:To this fund shall be credited3494 (a) All registration fees, penalties, judgments, damages 3495 recovered pursuant to s. 376.121, other fees and charges related 3496 to ss. 376.011-376.21, and the excise tax revenues levied, 3497 collected, and credited pursuant to ss. 206.9935(1) and 3498 206.9945(1)(a); 3499 (b) Proceeds of fines and awards of damages pursuant to s. 3500 161.054; and 3501 (c) Funds from other sources otherwise specified by law. 3502 (4) Charges against the fund shall be in accordance with 3503 this section. 3504 (5)(3)Moneys in the fund that are not needed currently to 3505 meet the obligations of the department in the exercise of its 3506 responsibilities under ss. 376.011-376.21 shall be deposited 3507 with the Chief Financial Officer to the credit of the fund and 3508 may be invested in such manner as is provided for by statute. 3509 Interest received on such investment shall be credited to the 3510 fund, except as otherwise specified herein. 3511 (6)(4)Moneys in the Florida Coastal Protection Trust Fund 3512 mayshallbe useddisbursedfor the following purposesand no3513others: 3514 (a) To carry out the purposes of ss. 376.011-376.21. 3515 (b)(a)To pay administrative expenses, personnel expenses, 3516 and equipment costs of the department and the Fish and Wildlife 3517 Conservation Commission related to the enforcement of ss. 3518 376.011-376.21. 3519 (c)(b)All costs involved in the prevention and abatement 3520 of pollution related to the discharge of pollutants covered by 3521 ss. 376.011-376.21 and the abatement of other potential 3522 pollution hazards as authorized herein. 3523 (d)(c)All costs and expenses of the cleanup, restoration, 3524 and rehabilitation of waterfowl, wildlife, and all other natural 3525 resources damaged by the discharge of pollutants, including the 3526 costs of assessing and recovering damages to natural resources, 3527 whether performed or authorized by the department or any other 3528 state or local agency. 3529 (e)(d)All provable costs and damages which are the 3530 proximate results of the discharge of pollutants covered by ss. 3531 376.011-376.21. 3532 (f)(e)Loans to the Inland Protection Trust Fund created in 3533 s. 376.3071. 3534 (g)(f)The interest earned from investments of the balance 3535 in the Florida Coastal Protection Trust Fund shall be used for 3536 funding the administrative expenses, personnel expenses, and 3537 equipment costs of the department relating to the enforcement of 3538 ss. 376.011-376.21. 3539 (h)(g)The funding of a grant program to local governments, 3540 pursuant to s. 376.15(3)(d) and (e), for the removal of derelict 3541 vessels from the public waters of the state. 3542 (i)(h)The department may spend up to $1 million per year 3543 from the principal of the fund to acquire, design, train, and 3544 maintain emergency cleanup response teams and equipment located 3545 at appropriate ports throughout the state for the purpose of 3546 cleaning oil and other toxic materials from coastal waters. When 3547 the teams and equipment are not needed for these purposes they 3548 may be used for any other valid purpose of the department. 3549 (j)(i)To provide a temporary transfer of funds in an 3550 amount not to exceed $10 million to the Minerals Trust Fund as 3551 set forth in s. 376.40. 3552 (k)(j)Funding for marine law enforcement. 3553 (7)(5)Any interest in lands acquired using moneys in the 3554 Florida Coastal Protection Trust Fund shall be held by the 3555 Trustees of the Internal Improvement Trust Fund, and such lands 3556 shall be acquired pursuant to the procedures set forth in s. 3557 253.025. 3558 (8)(6)The department shall recover to the use of the fund 3559 from the person or persons causing the discharge or from the 3560 Federal Government, jointly and severally, all sums owed or 3561 expended from the fund, pursuant to s. 376.123(10), except that 3562 recoveries resulting from damage due to a discharge of a 3563 pollutant or other similar disaster shall be apportioned between 3564 the Florida Coastal Protection Trust Fund and the General 3565 Revenue Fund so as to repay the full costs to the General 3566 Revenue Fund of any sums disbursed therefrom as a result of such 3567 disaster. Requests for reimbursement to the fund for the above 3568 costs, if not paid within 30 days of demand, shall be turned 3569 over to the Department of Legal Affairs for collection. 3570 Section 55. Subsection (8) of section 376.123, Florida 3571 Statutes, is amended to read: 3572 376.123 Claims against the Florida Coastal Protection Trust 3573 Fund.— 3574 (8) If a person chooses to make a claim against the fund 3575 and accepts payment from, or a judgment against, the fund, then 3576 the department shall be subrogated to any cause of action that 3577 the claimant may have had, to the extent of such payment or 3578 judgment, and shall diligently pursue recovery on that cause of 3579 action pursuant to subsection (10) and s. 376.11(8)s.3580376.11(6). In any such action, the amount of damages shall be 3581 proved by the department by submitting to the court a written 3582 report of the amounts paid or owed from the fund to claimants. 3583 Such written report shall be admissible as evidence, and the 3584 amounts paid from or owed by the fund to the claimants stated 3585 therein shall be irrebuttably presumed to be the amount of 3586 damages. 3587 Section 56. Paragraphs (g) through (l) are added to 3588 subsection (1) of section 376.307, Florida Statutes, subsection 3589 (4) of that section is amended, and subsection (8) is added to 3590 that section, to read: 3591 376.307 Water Quality Assurance Trust Fund.— 3592 (1) The Water Quality Assurance Trust Fund is intended to 3593 serve as a broad-based fund for use in responding to incidents 3594 of contamination that pose a serious danger to the quality of 3595 groundwater and surface water resources or otherwise pose a 3596 serious danger to the public health, safety, or welfare. Moneys 3597 in this fund may be used: 3598 (g) For detailed planning for and implementation of 3599 programs for the management and restoration of ecosystems. 3600 (h) For development and implementation of surface water 3601 improvement and management plans and programs under ss. 373.451 3602 373.4595. 3603 (i) For activities to restore polluted areas of the state, 3604 as defined by the department, to their condition before 3605 pollution occurred or to otherwise enhance pollution control 3606 activities. 3607 (j) For activities undertaken by the department to recover 3608 moneys as a result of actions against a person for a violation 3609 of chapter 373. 3610 (k) For funding activities described in s. 403.086(9) which 3611 are authorized for implementation under the Leah Schad Memorial 3612 Ocean Outfall Program. 3613 (l) For funding activities to restore or rehabilitate 3614 injured or destroyed coral reefs. 3615 (4) The trust fund shall be funded as follows: 3616 (a) An annual transfer of interest funds from the Florida 3617 Coastal Protection Trust Fund pursuant to s. 376.11(6)(g)s.3618376.11(4)(f). 3619 (b) All excise taxes levied, collected, and credited to the 3620 Water Quality Assurance Trust Fund in accordance with the 3621 provisions of ss. 206.9935(2) and 206.9945(1)(b). 3622 (c) All penalties, judgments, recoveries, reimbursements, 3623 and other fees and charges related to the enforcement of ss. 3624 376.30-376.317, other than penalties, judgments, and other fees 3625 and charges related to the enforcement of ss. 376.3071 and 3626 376.3073. 3627 (d) The fee on the retail sale of lead-acid batteries 3628 credited to the Water Quality Assurance Trust Fund under s. 3629 403.7185. 3630 (e) All penalties, judgments, recoveries, reimbursements, 3631 loans, and other fees and charges collected under s. 376.3078; 3632 tax revenues levied, collected, and credited under ss. 376.70 3633 and 376.75; and registration fees collected under s. 3634 376.303(1)(d). 3635 (f) All civil penalties recovered pursuant to s. 3636 373.129(5)(a). 3637 (g) Funds appropriated by the Legislature for the purposes 3638 of ss. 373.451-373.4595. 3639 (h) Moneys collected pursuant to s. 403.121 and designated 3640 for deposit into the Water Quality Assurance Trust Fund. 3641 (i) Moneys recovered by the state as a result of actions 3642 initiated by the department against a person for a violation of 3643 chapter 373 or chapter 403. 3644 (j) Damages recovered pursuant to s. 403.93345 for coral 3645 reef protection. 3646 (k) Funds available for the Leah Schad Memorial Ocean 3647 Outfall Program pursuant to s. 403.08601. 3648 (l) Funds received by the state for injury to or 3649 destruction of coral reefs, which funds would otherwise be 3650 deposited into the General Revenue Fund or the Internal 3651 Improvement Trust Fund. The department may enter into settlement 3652 agreements that require responsible parties to pay a third party 3653 to fund projects related to the restoration of a coral reef, to 3654 accomplish mitigation for injury to a coral reef, or to support 3655 the activities of law enforcement agencies related to coral reef 3656 injury response, investigation, and assessment. Participation of 3657 a law enforcement agency in the receipt of funds through this 3658 mechanism shall be at the law enforcement agency’s discretion. 3659 (m) Moneys from sources otherwise specified by law. 3660 (8) A settlement entered into by the department may not 3661 limit the Legislature’s authority to appropriate moneys from the 3662 trust fund; however, the department may enter into a settlement 3663 in which the department agrees to request that moneys received 3664 pursuant to the settlement will be included in its legislative 3665 budget request for purposes set out in the settlement; and 3666 further, the department may enter into a settlement in cases 3667 involving joint enforcement with the Hillsborough County 3668 pollution control program, as a program approved by the 3669 department pursuant to s. 403.182, in which the department 3670 agrees that moneys are to be deposited into that local program’s 3671 pollution recovery fund and used for projects directed toward 3672 addressing the environmental damage that was the subject of the 3673 cause of action for which funds were received. 3674 Section 57. Subsection (4) of section 376.40, Florida 3675 Statutes, is amended to read: 3676 376.40 Petroleum exploration and production; purposes; 3677 funding.— 3678 (4) FUNDING.—There shall be deposited in the Minerals Trust 3679 Fund: 3680 (a) All fees charged permittees under ss. 377.24(1), 3681 377.2408(1), and 377.2425(1)(b). 3682 (b) All penalties, judgments, recoveries, reimbursements, 3683 and other fees and charges related to the implementation of this 3684 section. 3685 (c) Any other funds required to be deposited in the trust 3686 fund under provisions of law. 3687 3688 If moneys on deposit in the trust fund are not sufficient to 3689 satisfy the needed remedial or corrective action, and if the 3690 responsible party does not take remedial and corrective action 3691 in a timely manner or if a catastrophic event occurs, a 3692 temporary transfer of the required amount, or a maximum of $10 3693 million, from the Florida Coastal Protection Trust Fund pursuant 3694 to s. 376.11(6)(j)s. 376.11(4)(i)is authorized. The Florida 3695 Coastal Protection Trust Fund shall be reimbursed immediately 3696 upon deposit into the Minerals Trust Fund of moneys referred to 3697 in paragraph (b). 3698 Section 58. Section 379.202, Florida Statutes, is repealed. 3699 Section 59. Subsection (2) of section 379.206, Florida 3700 Statutes, is amended, and subsection (3) is added to that 3701 section to read: 3702 379.206 Grants and Donations Trust Fund.— 3703 (2) The fund is established for use as a depository for 3704 funds to be used for allowable grant and donor agreement 3705 activities funded by restricted contractual revenue. Moneys to 3706 be credited to the trust fund shall consist of grants and 3707 donations from private and public nonfederal sources, 3708 development-of-regional-impact wildlife mitigation 3709 contributions, interest earnings, and cash advances from other 3710 trust funds. 3711 (3) If acquisition pursuant to this section will result in 3712 state ownership of land, title shall be vested in the Board of 3713 Trustees of the Internal Improvement Trust Fund as required in 3714 chapter 253. Land acquisition pursuant to this section shall be 3715 voluntary, negotiated acquisition and, if title is to be vested 3716 in the Board of Trustees of the Internal Improvement Trust Fund, 3717 is subject to the acquisition procedures of s. 253.025. 3718 Section 60. Section 379.212, Florida Statutes, is amended 3719 to read: 3720 379.212 Land Acquisition Trust Fund.— 3721 (1)(a) There is established within the Fish and Wildlife 3722 Conservation Commission the Land Acquisition Trust Fund to 3723 implement s. 28, Art. X of the State Constitutionfor the3724purpose of acquiring, assisting other agencies or local3725governments in acquiring, or managing lands important to the3726conservation of fish and wildlife. 3727 (b) The Fish and Wildlife Conservation Commission or its 3728 designee shall manage such lands for the primary purpose of 3729 maintaining and enhancing their habitat value for fish and 3730 wildlife. Other uses may be allowed that are not contrary to 3731 this purpose. 3732 (c) Where acquisition pursuant to this section will result 3733 in state ownership of land, title shall be vested in the Board 3734 of Trustees of the Internal Improvement Trust Fund as required 3735 in chapter 253. Land acquisition pursuant to this section shall 3736 be voluntary, negotiated acquisition and, where title is to be 3737 vested in the Board of Trustees of the Internal Improvement 3738 Trust Fund, is subject to the acquisition procedures of s. 3739 253.025. 3740 (d) Acquisition costs shall include purchase prices and 3741 costs and fees associated with title work, surveys, and 3742 appraisals required to complete an acquisition. 3743 (2) The fund may be credited with funds transferred from 3744 the Land Acquisition Trust Fund within the Department of 3745 Environmental Protection as provided in s. 375.041Moneys which3746may be deposited into the Land Acquisition Trust Fund for the3747purposes of this section may include, but not be limited to,3748donations, grants, development-of-regional-impact wildlife3749mitigation contributions, or legislative appropriations.3750Preservation 2000 acquisition moneys and Conservation and3751Recreation Lands management moneys shall not be deposited into3752this fund. 3753 (3) The Fish and Wildlife Conservation Commission shall 3754 maintain the integrity of such moneys transferred from the 3755 Department of Environmental Protection. Any transferred moneys 3756 available from reversions and reductions in budget authority 3757 shall be transferred back to the Land Acquisition Trust Fund in 3758 the Department of Environmental Protection within 15 days after 3759 such reversion or reduction and must be available for future 3760 appropriation pursuant to s. 28, Art. X of the State 3761 Constitution. 3762 Section 61. (1) All undisbursed, unobligated balances and 3763 all certified forward appropriations remaining in the Land 3764 Acquisition Trust Fund within the Fish and Wildlife Conservation 3765 Commission on June 30, 2015, shall be transferred to the Grants 3766 and Donations Trust Fund, FLAIR number 77-2-339, within the Fish 3767 and Wildlife Conservation Commission. 3768 (2) This section shall take effect upon this act becoming a 3769 law or on June 29, 2015, whichever occurs earlier. 3770 Section 62. Subsection (2) of section 379.214, Florida 3771 Statutes, is amended to read: 3772 379.214 Invasive Plant Control Trust Fund.— 3773 (2) Funds to be credited to and uses of the trust fund 3774 shall be administered in accordance with the provisions of ss. 3775201.15,206.606, 328.76, 369.20, 369.22, 369.252, and 379.502. 3776 Section 63. Subsection (12) of section 380.0666, Florida 3777 Statutes, is amended to read: 3778 380.0666 Powers of land authority.—The land authority shall 3779 have all the powers necessary or convenient to carry out and 3780 effectuate the purposes and provisions of this act, including 3781 the following powers, which are in addition to all other powers 3782 granted by other provisions of this act: 3783 (12) To identify parcels of land within the area or areas 3784 of critical state concern that would be appropriate acquisitions 3785 by the statefrom the Conservation and Recreational Lands Trust3786Fundand recommend such acquisitions to the advisory council 3787 established pursuant to s. 259.035 or its successor. 3788 Section 64. Section 380.0677, Florida Statutes, is 3789 repealed. 3790 Section 65. Subsection (11) of section 380.507, Florida 3791 Statutes, is amended to read: 3792 380.507 Powers of the trust.—The trust shall have all the 3793 powers necessary or convenient to carry out the purposes and 3794 provisions of this part, including: 3795 (11) To make rules necessary to carry out the purposes of 3796 this part and to exercise any power granted in this part, 3797 pursuant tothe provisions ofchapter 120. The trust shall adopt 3798 rules governing the acquisition of lands withusingproceeds 3799 fromthe Preservation 2000 Trust Fund andthe Florida Forever 3800 Trust Fund, consistent with the intent expressed in the Florida 3801 Forever Act. Such rules for land acquisition must include, but 3802 are not limited to, procedures for appraisals and 3803 confidentiality consistent with ss. 125.355(1)(a) and (b) and 3804 166.045(1)(a) and (b), a method of determining a maximum 3805 purchase price, and procedures to assure that the land is 3806 acquired in a voluntarily negotiated transaction, surveyed, 3807 conveyed with marketable title, and examined for hazardous 3808 materials contamination. Land acquisition procedures of a local 3809 land authority created pursuant to s. 380.0663or s. 380.06773810 may be used for the land acquisition programs described in 3811 former s.by ss.259.101(3)(c), Florida Statutes 2014, and in s. 3812 259.105 if within areas of critical state concern designated 3813 pursuant to s. 380.05, subject to approval of the trust. 3814 Section 66. Subsection (4) of section 380.508, Florida 3815 Statutes, is amended to read: 3816 380.508 Projects; development, review, and approval.— 3817 (4) Projects or activities which the trust undertakes, 3818 coordinates, or funds in any manner shall comply with the 3819 following guidelines: 3820 (a) The purpose of redevelopment projects shall be to 3821 restore areas which are adversely affected by scattered 3822 ownership, poor lot layout, inadequate park and open space, 3823 incompatible land uses, or other conditions which endanger the 3824 environment or impede orderly development. Grants and loans 3825 awarded for redevelopment projects shall be used for assembling 3826 parcels of land within redevelopment project areas for the 3827 redesign of such areas and for the installation of public 3828 improvements required to serve such areas. After redesign and 3829 installation of public improvements, if any, lands in 3830 redevelopment projects, with the exception of lands acquired for 3831 public purposes, shall be conveyed to any person for development 3832 in accordance with a redevelopment project plan approved 3833 according to this part. 3834 (b) The purpose of resource enhancement projects shall be 3835 to enhance natural resources which, because of indiscriminate 3836 dredging or filling, improper location of improvements, natural 3837 or human-induced events, or incompatible land uses, have 3838 suffered loss of natural and scenic values. Grants and loans 3839 awarded for resource enhancement projects shall be used for the 3840 assembly of parcels of land to improve resource management, for 3841 relocation of improperly located or designed improvements, and 3842 for other corrective measures which will enhance the natural and 3843 scenic character of project areas. 3844 (c) The purpose of public access projects shall be to 3845 acquire interests in and initially develop lands which are 3846 suitable for and which will be used for public accessways to 3847 surface waters. The trust shall identify local governments and 3848 nonprofit organizations which will accept responsibility for 3849 maintenance and liability for public accessways which are 3850 located outside the state park system. The trust may lease any 3851 public access site developed under this part to a local 3852 government or nonprofit organization, provided that the 3853 conditions of the lease guarantee public use of the site. The 3854 trust may accept, from any local government or nonprofit 3855 organization, fees collected for providing public access to 3856 surface waters. The trust shall expend any such funds it accepts 3857 only for acquisition, development, and maintenance of such 3858 public accessways. To the maximum extent possible, the trust 3859 shall expend such fees in the general area where they are 3860 collected or in areas where public access to surface waters is 3861 clearly deficient. The trust may transfer funds, including such 3862 fees, to a local government or nonprofit organization to acquire 3863 public access sites. In developing or coordinating public access 3864 projects, the trust shall ensure that project plans involving 3865 beach access are consistent with state laws governing beach 3866 access. 3867 (d) The purpose of urban waterfront restoration projects 3868 shall be to restore deteriorated or deteriorating urban 3869 waterfronts for public use and enjoyment. Urban waterfront 3870 restoration projects shall include public access sites. 3871 (e) The purpose of working waterfront projects shall be to 3872 restore and preserve working waterfronts as provided in s. 3873 380.5105. 3874 (f) The trust shall cooperate with local governments, state 3875 agencies, federal agencies, and nonprofit organizations in 3876 ensuring the reservation of lands for parks, recreation, fish 3877 and wildlife habitat, historical preservation, or scientific 3878 study. IfIn the event thatany local government, state agency, 3879 federal agency, or nonprofit organization is unable, due to 3880 limited financial resources or other circumstances of a 3881 temporary nature, to acquire a site for the purposes described 3882 in this paragraph, the trust may acquire and hold the site for 3883 subsequent conveyance to the appropriate governmental agency or 3884 nonprofit organization. The trust may provide such technical 3885 assistance asisrequired to aid local governments, state and 3886 federal agencies, and nonprofit organizations in completing 3887 acquisition and related functions. The trust mayshallnot 3888 reserve lands acquired in accordance with this paragraph for 3889 more than 5 years from the time of acquisition. A local 3890 government, federal or state agency, or nonprofit organization 3891 may acquire the land at any time during this period for public 3892 purposes. The purchase price shall be based upon the trust’s 3893 cost of acquisition, plus administrative and management costs in 3894 reserving the land. The payment of thethispurchase price shall 3895 be by money, trust-approved property of an equivalent value, or 3896 a combination of money and trust-approved property. If, after 3897 the 5-year period, the trust has not sold to a governmental 3898 agency or nonprofit organization land acquired for site 3899 reservation, the trust shall dispose of such land at fair market 3900 value or shall trade it for other land of comparable value which 3901 will serve to accomplish the purposes of this part. Any proceeds 3902 from the sale of such land received by the department shall be 3903 deposited intointhe appropriateFlorida Communitiestrust fund 3904 pursuant to s. 253.034(6)(k), (l), or (m). 3905 3906 Project costs may include costs of providing parks, open space, 3907 public access sites, scenic easements, and other areas and 3908 facilities serving the public where such features are part of a 3909 project plan approved according to this part. In undertaking or 3910 coordinating projects or activities authorized by this part, the 3911 trust shall, when appropriate, use and promote the use of 3912 creative land acquisition methods, including the acquisition of 3913 less than fee interest through, among other methods, 3914 conservation easements, transfer of development rights, leases, 3915 and leaseback arrangements. The trustalsoshall assist local 3916 governments in the use of sound alternative methods of financing 3917 for funding projects and activities authorized underbythis 3918 part. Any funds over and above eligible project costs, which 3919 remain after completion of a project approved according to this 3920 part, shall be transmitted to the state and deposited intoin3921 the Florida ForeverFlorida CommunitiesTrust Fund. 3922 Section 67. Paragraph (f) of subsection (3) and subsections 3923 (5) and (7) of section 380.510, Florida Statutes, are amended to 3924 read: 3925 380.510 Conditions of grants and loans.— 3926 (3) In the case of a grant or loan for land acquisition, 3927 agreements shall provide all of the following: 3928(f) The term of any grant using funds received from the3929Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),3930shall be for a period not to exceed 24 months. The governing3931board of the trust may offer a grant with a shorter term and may3932extend a grant beyond 24 months when the grant recipient3933demonstrates that significant progress is being made toward3934closing the project or that extenuating circumstances warrant an3935extension of time. If a local government project which was3936awarded a grant is not closed within 24 months and the governing3937board of the trust does not grant an extension, the grant3938reverts to the trust’s unencumbered balance of Preservation 20003939funds to be redistributed to other eligible projects. The local3940government may reapply for a grant to fund the project in the3941trust’s next application cycle.3942 3943 Any deed or other instrument of conveyance whereby a nonprofit 3944 organization or local government acquires real property under 3945 this section shall set forth the interest of the state. The 3946 trust shall keep at least one copy of any such instrument and 3947 shall provide at least one copy to the Board of Trustees of the 3948 Internal Improvement Trust Fund. 3949 (5) Any funds the trust collects from a nonprofit 3950 organization or local government under a grant or loan agreement 3951 shall be deposited intointhe Internal ImprovementFlorida3952CommunitiesTrust Fund within the Department of Environmental 3953 Protection. 3954 (7) Any funds received by the trustfrom the Preservation39552000 Trust Fundpursuant to s. 259.105(3)(c) or s. 375.041s.3956259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.3957259.105(3)(c)shall be held separate and apart from any other 3958 funds held by the trust andshall beused for the land 3959 acquisition purposes of this part.In addition to the other3960conditions set forth in this section, the disbursement of3961Preservation 2000 and Florida Forever funds from the trust shall3962be subject to the following conditions:3963 (a) The administration and use of Florida Foreveranyfunds 3964 arereceived by the trust from the Preservation 2000 Trust Fund3965and the Florida Forever Trust Fund shall besubject to such 3966 terms and conditions imposed thereon by the agency of the state 3967 responsible for the bonds, the proceeds of which are deposited 3968 intointhePreservation 2000 Trust Fund and theFlorida Forever 3969 Trust Fund, including restrictions imposed to ensure that the 3970 interest on any such bonds issued by the state as tax-exempt 3971 bonds iswillnotbeincluded in the gross income of the holders 3972 of such bonds for federal income tax purposes. 3973 (b) All deeds or leases with respect to any real property 3974 acquired with funds received by the trust from the Preservation 3975 2000 Trust Fund, the Florida Forever Trust Fund, or the Land 3976 Acquisition Trust Fund mustshallcontain such covenants and 3977 restrictions as are sufficient to ensure that the use of such 3978 real property at all times complies with s. 375.051 and s. 9, 3979 Art. XII of the State Constitution. Each deedAll deedsor lease 3980leaseswith respect to any real property acquired with funds 3981 received by the trust from the Florida Forever Trust Fund before 3982 July 1, 2015, mustshallcontainsuchcovenants and restrictions 3983as aresufficient to ensure that the use of such real property 3984 at all times complies with s. 11(e), Art. VII of the State 3985 Constitution. Each deed or lease with respect to any real 3986 property acquired with funds received by the trust from the 3987 Florida Forever Trust Fund after July 1, 2015, must contain 3988 covenants and restrictions sufficient to ensure that the use of 3989 such real property at all times complies with s. 28, Art. X of 3990 the State Constitution. Each deed or lease mustshallcontain a 3991 reversion, conveyance, or termination clause that vestswill3992vesttitle in the Board of Trustees of the Internal Improvement 3993 Trust Fund if any of the covenants or restrictions are violated 3994 by the titleholder or leaseholder or by some third party with 3995 the knowledge of the titleholder or leaseholder. 3996 Section 68. Section 380.511, Florida Statutes, is repealed. 3997 Section 69. Subsection (2) of section 403.0615, Florida 3998 Statutes, is amended to read: 3999 403.0615 Water resources restoration and preservation.— 4000 (2) Subject to specific legislative appropriation, the 4001 department shall establish a program to assist in the 4002 restoration and preservation of bodies of water and to enhance 4003 existing public access when deemed necessary for the enhancement 4004 of the restoration effort.This program shall be funded from the4005General Revenue Fund, from funds available from the Ecosystem4006Management and Restoration Trust Fund, and from available4007federal moneys.4008 Section 70. Section 403.08601, Florida Statutes, is amended 4009 to read: 4010 403.08601 Leah Schad Memorial Ocean Outfall Program.—The 4011 Legislature declares that as funds become available the state 4012 may assist the local governments and agencies responsible for 4013 implementing the Leah Schad Memorial Ocean Outfall Program 4014 pursuant to s. 403.086(9). Funds received from other sources 4015 provided for in law, the General Appropriations Act, from gifts 4016 designated for implementation of the plan from individuals, 4017 corporations, or other entities, or federal funds appropriated 4018 by Congress for implementation of the plan, may be deposited 4019 into an account of the Water Quality AssuranceEcosystem4020Management and RestorationTrust Fundcreated pursuant to s.4021403.1651. 4022 Section 71. Subsection (11) of section 403.121, Florida 4023 Statutes, is amended to read: 4024 403.121 Enforcement; procedure; remedies.—The department 4025 shall have the following judicial and administrative remedies 4026 available to it for violations of this chapter, as specified in 4027 s. 403.161(1). 4028 (11) Penalties collected pursuant to this section shall be 4029 deposited intointhe Water Quality AssuranceEcosystem4030Management and RestorationTrust Fund or other trust fund 4031 designated by statute and shall be used to fund the restoration 4032 of ecosystems, or polluted areas of the state, as defined by the 4033 department, to their condition before pollution occurred. The 4034 Florida Conflict Resolution Consortium may use a portion of the 4035 fund to administer the mediation process provided in paragraph 4036 (2)(e) and to contract with private mediators for administrative 4037 penalty cases. 4038 Section 72. Section 403.1651, Florida Statutes, is 4039 repealed. 4040 Section 73. Subsection (1) of section 403.885, Florida 4041 Statutes, is amended to read: 4042 403.885 Water Projects Grant Program.— 4043 (1) The Department of Environmental Protection shall 4044 administer a grant program to use fundstransferred pursuant to4045s. 212.20 to the Ecosystem Management and Restoration Trust Fund4046or other moneys asappropriated by the Legislature for water 4047 quality improvement, stormwater management, wastewater 4048 management, and water restoration and other water projects as 4049 specifically appropriated by the Legislature. Eligible 4050 recipients of such grants include counties, municipalities, 4051 water management districts, and special districts that have 4052 legal responsibilities for water quality improvement, water 4053 management, stormwater management, wastewater management, lake 4054 and river water restoration projects, and drinking water 4055 projects pursuant to this section. 4056 Section 74. Section 403.8911, Florida Statutes, is 4057 repealed. 4058 Section 75. Subsection (6) of section 403.9325, Florida 4059 Statutes, is amended to read: 4060 403.9325 Definitions.—For the purposes of ss. 403.9321 4061 403.9333, the term: 4062 (6) “Public lands that have been set aside for conservation 4063 or preservation” means: 4064 (a) Lands and interests acquired with funds deposited into 4065 the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of 4066 the State Constitution; 4067 (b)(a)Conservation and recreation lands under chapter 259; 4068 (c)(b)State and national parks; 4069 (d)(c)State and national reserves and preserves, except as 4070 provided in s. 403.9326(3); 4071 (e)(d)State and national wilderness areas; 4072 (f)(e)National wildlife refuges (only those lands under 4073 Federal Government ownership); 4074 (g)(f)Lands acquired under thethrough the Water4075Management Lands Trust Fund,Save Our Rivers Program; 4076 (h)(g)Lands acquired under the Save Our Coast program; 4077 (i)(h)Lands acquired under the environmentally endangered 4078 lands bond program; 4079 (j)(i)Public lands designated as conservation or 4080 preservation under a local government comprehensive plan; 4081 (k)(j)Lands purchased by a water management district, the 4082 Fish and Wildlife Conservation Commission, or any other state 4083 agency for conservation or preservation purposes; 4084 (l)(k)Public lands encumbered by a conservation easement 4085 that does not provide for the trimming of mangroves; and 4086 (m)(l)Public lands designated as critical wildlife areas 4087 by the Fish and Wildlife Conservation Commission. 4088 Section 76. Paragraph (f) of subsection (3) and subsection 4089 (11) of section 403.93345, Florida Statutes, are amended to 4090 read: 4091 403.93345 Coral reef protection.— 4092 (3) As used in this section, the term: 4093 (f) “Fund” means the Water Quality AssuranceEcosystem4094Management and RestorationTrust Fund. 4095 (11) All damages recovered by or on behalf of this state 4096 for injury to, or destruction of, the coral reefs of the state 4097 that would otherwise be deposited in the general revenue 4098 accounts of the State Treasury or in the Internal Improvement 4099 Trust Fund shall be deposited intointhe Water Quality 4100 AssuranceEcosystem Management and RestorationTrust Fund in the 4101 department and shall remain in such account until expended by 4102 the department for the purposes of this section. Moneys in the 4103 fund received from damages recovered for injury to, or 4104 destruction of, coral reefs must be expended only for the 4105 following purposes: 4106 (a) To provide funds to the department for reasonable costs 4107 incurred in obtaining payment of the damages for injury to, or 4108 destruction of, coral reefs, including administrative costs and 4109 costs of experts and consultants. Such funds may be provided in 4110 advance of recovery of damages. 4111 (b) To pay for restoration or rehabilitation of the injured 4112 or destroyed coral reefs or other natural resources by a state 4113 agency or through a contract to any qualified person. 4114 (c) To pay for alternative projects selected by the 4115 department. Any such project shall be selected on the basis of 4116 its anticipated benefits to the residents of this state who used 4117 the injured or destroyed coral reefs or other natural resources 4118 or will benefit from the alternative project. 4119 (d) All claims for trust fund reimbursements under 4120 paragraph (a) must be made within 90 days after payment of 4121 damages is made to the state. 4122 (e) Each private recipient of fund disbursements shall be 4123 required to agree in advance that its accounts and records of 4124 expenditures of such moneys are subject to audit at any time by 4125 appropriate state officials and to submit a final written report 4126 describing such expenditures within 90 days after the funds have 4127 been expended. 4128 (f) When payments are made to a state agency from the fund 4129 for expenses compensable under this subsection, such 4130 expenditures shall be considered as being for extraordinary 4131 expenses, and no agency appropriation shall be reduced by any 4132 amount as a result of such reimbursement. 4133 Section 77. Subsections (5) and (6) of section 420.5092, 4134 Florida Statutes, are amended to read: 4135 420.5092 Florida Affordable Housing Guarantee Program.— 4136 (5) Pursuant to s. 16, Art. VII of the State Constitution, 4137 the corporation may issue, in accordance with s. 420.509, 4138 revenue bonds of the corporation to establish the guarantee 4139 fund. TheSuchrevenue bonds areshall beprimarily payable from 4140 and secured by annual debt service reserves, from interest 4141 earned on funds on deposit in the guarantee fund, from fees, 4142 charges, and reimbursements established by the corporation for 4143 the issuance of affordable housing guarantees, and from any 4144 other revenue sources received by the corporation and deposited 4145 by the corporation into the guarantee fund for the issuance of 4146 affordable housing guarantees. IfTo the extentsuch primary 4147 revenue sources are considered insufficient by the corporation, 4148 pursuant to the certification provided in subsection (6), to 4149 fully fund the annual debt service reserve, the certified 4150 deficiency in such reserve is alsoshall be additionallypayable 4151 from the first proceeds of the documentary stamp tax moneys 4152 deposited into the State Housing Trust Fund pursuant to s. 4153 201.15(4)(c) and (d)s. 201.15(9)(a) and (10)(a)during the 4154 ensuing state fiscal year. 4155 (6)(a) If the primary revenue sources to be used for 4156 repayment of revenue bonds used to establish the guarantee fund 4157 are insufficient for such repayment, the annual principal and 4158 interest due on each series of revenue bonds areshall be4159 payable from funds in the annual debt service reserve. The 4160 corporation shall, before June 1 of each year, perform a 4161 financial audit to determine whether at the end of the state 4162 fiscal year there will be on deposit in the guarantee fund an 4163 annual debt service reserve from interest earned pursuant to the 4164 investment of the guarantee fund, fees, charges, and 4165 reimbursements received from issued affordable housing 4166 guarantees and other revenue sources available to the 4167 corporation. Based upon the findings in such guarantee fund 4168 financial audit, the corporation shall certify to the Chief 4169 Financial Officer the amount of any projected deficiency in the 4170 annual debt service reserve for any series of outstanding bonds 4171 as of the end of the state fiscal year and the amount necessary 4172 to maintain such annual debt service reserve. Upon receipt of 4173 such certification, the Chief Financial Officer shall transfer 4174 to the annual debt service reserve, from the first available 4175 taxes distributed to the State Housing Trust Fund pursuant to s. 4176 201.15(4)(c) and (d)s. 201.15(9)(a) and (10)(a)during the 4177 ensuing state fiscal year, the amount certified as necessary to 4178 maintain the annual debt service reserve. 4179 (b) If the claims payment obligations under affordable 4180 housing guarantees from amounts on deposit in the guarantee fund 4181 would cause the claims paying rating assigned to the guarantee 4182 fund to be less than the third-highest rating classification of 4183 any nationally recognized rating service, which classifications 4184 being consistent with s. 215.84(3) and rules adopted thereto by 4185 the State Board of Administration, the corporation shall certify 4186 to the Chief Financial Officer the amount of such claims payment 4187 obligations. Upon receipt of such certification, the Chief 4188 Financial Officer shall transfer to the guarantee fund, from the 4189 first available taxes distributed to the State Housing Trust 4190 Fund pursuant to s. 201.15(4)(c) and (d)s. 201.15(9)(a) and4191(10)(a)during the ensuing state fiscal year, the amount 4192 certified as necessary to meet such obligations, such transfer 4193 to be subordinate to any transfer referenced in paragraph (a) 4194 and not to exceed 50 percent of the amounts distributed to the 4195 State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d)s.4196201.15(9)(a) and (10)(a)during the preceding state fiscal year. 4197 Section 78. Subsections (1), (2), and (3) of section 4198 420.9073, Florida Statutes, are amended to read: 4199 420.9073 Local housing distributions.— 4200 (1) Distributions calculated in this section shall be 4201 disbursed on a quarterly or more frequent basis by the 4202 corporation pursuant to s. 420.9072, subject to availability of 4203 funds. Each county’s share of the funds to be distributed from 4204 the portion of the funds in the Local Government Housing Trust 4205 Fund received pursuant to s. 201.15(4)(c)s. 201.15(9)shall be 4206 calculated by the corporation for each fiscal year as follows: 4207 (a) Each county other than a county that has implemented 4208the provisions ofchapter 83-220, Laws of Florida, as amended by 4209 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall 4210 receive the guaranteed amount for each fiscal year. 4211 (b) Each county other than a county that has implemented 4212the provisions ofchapter 83-220, Laws of Florida, as amended by 4213 chapters 84-270, 86-152, and 89-252, Laws of Florida, may 4214 receive an additional share calculated as follows: 4215 1. Multiply each county’s percentage of the total state 4216 population excluding the population of any county that has 4217 implementedthe provisions ofchapter 83-220, Laws of Florida, 4218 as amended by chapters 84-270, 86-152, and 89-252, Laws of 4219 Florida, by the total funds to be distributed. 4220 2. If the result in subparagraph 1. is less than the 4221 guaranteed amount as determined in subsection (3), that county’s 4222 additional share shall be zero. 4223 3. For each county in which the result in subparagraph 1. 4224 is greater than the guaranteed amount as determined in 4225 subsection (3), the amount calculated in subparagraph 1. shall 4226 be reduced by the guaranteed amount. The result for each such 4227 county shall be expressed as a percentage of the amounts so 4228 determined for all counties. Each such county shall receive an 4229 additional share equal to such percentage multiplied by the 4230 total funds received by the Local Government Housing Trust Fund 4231 pursuant to s. 201.15(4)(c)s. 201.15(9)reduced by the 4232 guaranteed amount paid to all counties. 4233 (2) Distributions calculated in this section shall be 4234 disbursed on a quarterly or more frequent basis by the 4235 corporation pursuant to s. 420.9072, subject to availability of 4236 funds. Each county’s share of the funds to be distributed from 4237 the portion of the funds in the Local Government Housing Trust 4238 Fund received pursuant to s. 201.15(4)(d)s. 201.15(10)shall be 4239 calculated by the corporation for each fiscal year as follows: 4240 (a) Each county shall receive the guaranteed amount for 4241 each fiscal year. 4242 (b) Each county may receive an additional share calculated 4243 as follows: 4244 1. Multiply each county’s percentage of the total state 4245 population, by the total funds to be distributed. 4246 2. If the result in subparagraph 1. is less than the 4247 guaranteed amount as determined in subsection (3), that county’s 4248 additional share shall be zero. 4249 3. For each county in which the result in subparagraph 1. 4250 is greater than the guaranteed amount, the amount calculated in 4251 subparagraph 1. shall be reduced by the guaranteed amount. The 4252 result for each such county shall be expressed as a percentage 4253 of the amounts so determined for all counties. Each such county 4254 shall receive an additional share equal to this percentage 4255 multiplied by the total funds received by the Local Government 4256 Housing Trust Fund pursuant to s. 201.15(4)(d)s. 201.15(10)as 4257 reduced by the guaranteed amount paid to all counties. 4258 (3) Calculation of guaranteed amounts: 4259 (a) The guaranteed amount under subsection (1) shall be 4260 calculated for each state fiscal year by multiplying $350,000 by 4261 a fraction, the numerator of which is the amount of funds 4262 distributed to the Local Government Housing Trust Fund pursuant 4263 to s. 201.15(4)(c)s. 201.15(9)and the denominator of which is 4264 the total amount of funds distributed to the Local Government 4265 Housing Trust Fund pursuant to s. 201.15. 4266 (b) The guaranteed amount under subsection (2) shall be 4267 calculated for each state fiscal year by multiplying $350,000 by 4268 a fraction, the numerator of which is the amount of funds 4269 distributed to the Local Government Housing Trust Fund pursuant 4270 to s. 201.15(4)(d)s. 201.15(10)and the denominator of which is 4271 the total amount of funds distributed to the Local Government 4272 Housing Trust Fund pursuant to s. 201.15. 4273 Section 79. Section 570.207, Florida Statutes, is repealed. 4274 Section 80. Subsection (2) of section 570.321, Florida 4275 Statutes, is amended to read: 4276 570.321 Plant Industry Trust Fund.— 4277 (2) Funds to be credited to and uses of the trust fund 4278 shall be administered in accordance with ss.259.032,581.031, 4279 581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and 4280 593.117. 4281 Section 81. Subsection (12) of section 570.71, Florida 4282 Statutes, is amended to read: 4283 570.71 Conservation easements and agreements.— 4284 (12) The department may use appropriated funds from the 4285 following sources to implement this section: 4286 (a) State funds; 4287 (b) Federal funds; 4288 (c) Other governmental entities; 4289 (d) Nongovernmental organizations; or 4290 (e) Private individuals. 4291 4292 Any such funds provided, other than from the Land Acquisition 4293 Trust Fund, shall be deposited into the IncidentalConservation4294and Recreation Lands ProgramTrust Fund within the Department of 4295 Agriculture and Consumer Services and used for the purposes of 4296 this section, including administrative and operating expenses 4297 related to appraisals, mapping, title process, personnel, and 4298 other real estate expenses. 4299 Section 82. Paragraph (c) of subsection (1) of section 4300 895.09, Florida Statutes, is amended to read: 4301 895.09 Disposition of funds obtained through forfeiture 4302 proceedings.— 4303 (1) A court entering a judgment of forfeiture in a 4304 proceeding brought pursuant to s. 895.05 shall retain 4305 jurisdiction to direct the distribution of any cash or of any 4306 cash proceeds realized from the forfeiture and disposition of 4307 the property. The court shall direct the distribution of the 4308 funds in the following order of priority: 4309 (c) Any claim by the Board of Trustees of the Internal 4310 Improvement Trust Fund on behalf of the Internal Improvement 4311 Trust Fund or theLand Acquisitiontrust fund used pursuant to 4312 s. 253.03(12), not including administrative costs of the 4313 Department of Environmental Protection previously paid directly 4314 from the Internal Improvement Trust Fund in accordance with 4315 legislative appropriation. 4316 Section 83. For the purpose of incorporating the amendment 4317 made by this act to section 201.15, Florida Statutes, in a 4318 reference thereto, subsection (6) of section 339.2818, Florida 4319 Statutes, is reenacted to read: 4320 339.2818 Small County Outreach Program.— 4321 (6) Funds paid into the State Transportation Trust Fund 4322 pursuant to s. 201.15 for the purposes of the Small County 4323 Outreach Program are hereby annually appropriated for 4324 expenditure to support the Small County Outreach Program. 4325 Section 84. For the purpose of incorporating the amendment 4326 made by this act to section 201.15, Florida Statutes, in a 4327 reference thereto, subsection (5) of section 339.2819, Florida 4328 Statutes, is reenacted to read: 4329 339.2819 Transportation Regional Incentive Program.— 4330 (5) Funds paid into the State Transportation Trust Fund 4331 pursuant to s. 201.15 for the purposes of the Transportation 4332 Regional Incentive Program are hereby annually appropriated for 4333 expenditure to support that program. 4334 Section 85. For the purpose of incorporating the amendment 4335 made by this act to section 201.15, Florida Statutes, in a 4336 reference thereto, subsection (3) of section 339.61, Florida 4337 Statutes, is reenacted to read: 4338 339.61 Florida Strategic Intermodal System; legislative 4339 findings, declaration, and intent.— 4340 (3) Funds paid into the State Transportation Trust Fund 4341 pursuant to s. 201.15 for the purposes of the Florida Strategic 4342 Intermodal System are hereby annually appropriated for 4343 expenditure to support that program. 4344 Section 86. For the purpose of incorporating the amendment 4345 made by this act to section 201.15, Florida Statutes, in a 4346 reference thereto, subsection (6) of section 341.051, Florida 4347 Statutes, is reenacted to read: 4348 341.051 Administration and financing of public transit and 4349 intercity bus service programs and projects.— 4350 (6) ANNUAL APPROPRIATION.—Funds paid into the State 4351 Transportation Trust Fund pursuant to s. 201.15 for the New 4352 Starts Transit Program are hereby annually appropriated for 4353 expenditure to support the New Starts Transit Program. 4354 4355 For purposes of this section, the term “net operating costs” 4356 means all operating costs of a project less any federal funds, 4357 fares, or other sources of income to the project. 4358 Section 87. For the purpose of incorporating the amendment 4359 made by this act to section 201.15, Florida Statutes, in a 4360 reference thereto, subsection (1) of section 420.9079, Florida 4361 Statutes, is reenacted to read: 4362 420.9079 Local Government Housing Trust Fund.— 4363 (1) There is created in the State Treasury the Local 4364 Government Housing Trust Fund, which shall be administered by 4365 the corporation on behalf of the department according to the 4366 provisions of ss. 420.907-420.9076 and this section. There shall 4367 be deposited into the fund a portion of the documentary stamp 4368 tax revenues as provided in s. 201.15, moneys received from any 4369 other source for the purposes of ss. 420.907-420.9076 and this 4370 section, and all proceeds derived from the investment of such 4371 moneys. Moneys in the fund that are not currently needed for the 4372 purposes of the programs administered pursuant to ss. 420.907 4373 420.9076 and this section shall be deposited to the credit of 4374 the fund and may be invested as provided by law. The interest 4375 received on any such investment shall be credited to the fund. 4376 Section 88. For the purpose of incorporating the amendment 4377 made by this act to section 376.307, Florida Statutes, in a 4378 reference thereto, subsection (2) of section 287.0595, Florida 4379 Statutes, is reenacted to read: 4380 287.0595 Pollution response action contracts; department 4381 rules.— 4382 (2) In adopting rules under this section, the Department of 4383 Environmental Protection shall follow the criteria applicable to 4384 the department’s contracting to the maximum extent possible, 4385 consistent with the goals and purposes of ss. 376.307 and 4386 376.3071. 4387 Section 89. If any law amended by this act was also amended 4388 by a law enacted during the 2015 Regular Session of the 4389 Legislature, such law shall be construed as if enacted during 4390 the same session of the Legislature, and full effect shall be 4391 given to each if possible. 4392 Section 90. Except as otherwise expressly provided in this 4393 act and except for this section, which shall take effect upon 4394 this act becoming a law, this act shall take effect July 1, 4395 2015, except that if an earlier effective date is specified 4396 herein for any section, that section shall operate retroactively 4397 to that date. If this act fails to become a law until after July 4398 1, 2015, it shall take effect upon becoming a law and operate 4399 retroactively to July 1, 2015, except that if an earlier 4400 effective date is specified herein for any section, that section 4401 shall take effect upon becoming a law and operate retroactively 4402 to that date. 4403 4404 ================= T I T L E A M E N D M E N T ================ 4405 And the title is amended as follows: 4406 Delete everything before the enacting clause 4407 and insert: 4408 A bill to be entitled 4409 An act relating to the implementation of the water and 4410 land conservation constitutional amendment; 4411 terminating certain trust funds within the Department 4412 of Environmental Protection, the Department of 4413 Agriculture and Consumer Services, and the Fish and 4414 Wildlife Conservation Commission; providing for the 4415 disposition of balances in those trust funds; 4416 requiring all outstanding debts or obligations of the 4417 terminated trust funds to be paid as required; 4418 requiring the Chief Financial Officer to close out and 4419 remove the terminated trust funds from the various 4420 state accounting systems; amending s. 17.61, F.S.; 4421 requiring moneys in any land acquisition trust fund 4422 created or designated to receive funds under s. 28, 4423 Article X of the State Constitution to be retained in 4424 those trust funds; repealing s. 161.05301, F.S., 4425 relating to beach erosion control project staffing; 4426 amending s. 161.054, F.S.; redirecting certain 4427 proceeds from the Ecosystem Management and Restoration 4428 Trust Fund to the Florida Coastal Protection Trust 4429 Fund; amending s. 161.091, F.S.; authorizing 4430 disbursements from the Land Acquisition Trust Fund for 4431 beach management; amending s. 201.0205, F.S.; 4432 conforming provisions to changes made by the act; 4433 amending s. 201.15, F.S.; revising and deleting 4434 distributions of the documentary stamp tax; providing 4435 that specified distributions to the Land Acquisition 4436 Trust Fund are not subject to the service charge under 4437 s. 215.20, F.S.; revising the purposes for which 4438 distributions may be used; amending s. 211.3103, F.S.; 4439 authorizing a percentage of proceeds from the 4440 phosphate rock excise tax to be credited to the State 4441 Park Trust Fund rather than the Conservation and 4442 Recreation Lands Trust Fund; revising dates and 4443 distributions of moneys to fund specific programs and 4444 activities; amending s. 215.20, F.S.; conforming 4445 provisions to changes made by the act; amending s. 4446 215.618, F.S.; authorizing Florida Forever bonds to be 4447 issued to finance or refinance the acquisition and 4448 improvement of land, water areas, and related property 4449 interests; limiting the percentage of documentary 4450 stamp taxes collected that may be taken into account 4451 for the purpose of satisfying an additional bonds test 4452 set forth in certain bonds; amending s. 215.619, F.S.; 4453 limiting the percentage of documentary stamp taxes 4454 collected that may be taken into account for the 4455 purpose of satisfying an additional bonds test set 4456 forth in certain bonds; amending ss. 253.027 and 4457 253.03, F.S.; conforming provisions to changes made by 4458 the act; amending s. 253.034, F.S.; requiring proceeds 4459 from the sale of surplus conservation lands purchased 4460 before a certain date to be deposited into the Florida 4461 Forever Trust Fund and after such date under certain 4462 circumstances into the Land Acquisition Trust Fund; 4463 limiting the amount of funds that may be expended from 4464 the Land Acquisition Trust Fund for funding certain 4465 contractual arrangements; amending s. 253.7824, F.S.; 4466 conforming provisions to changes made by the act; 4467 amending s. 258.015, F.S.; conforming a cross 4468 reference; amending s. 258.435, F.S.; requiring moneys 4469 received by the Department of Environmental Protection 4470 relating to aquatic preserves to be deposited into 4471 certain trust funds; amending s. 259.032, F.S.; 4472 conforming provisions affected by the termination of 4473 the Conservation and Recreation Lands Trust Fund; 4474 authorizing state agencies designated to manage lands 4475 acquired with funds deposited into the Land 4476 Acquisition Trust Fund to contract with local 4477 governments and soil and water conservation districts 4478 to assist in management activities; amending s. 4479 259.035, F.S.; requiring the Acquisition and 4480 Restoration Council to develop rules defining specific 4481 criteria and numeric performance measures needed for 4482 lands acquired under the Florida Forever Program with 4483 funds deposited into the Land Acquisition Trust Fund 4484 pursuant to s. 28(a), Article X of the State 4485 Constitution; requiring the proposed rules to be 4486 submitted to the Legislature for consideration; 4487 requiring recipients of funds from the Land 4488 Acquisition Trust Fund to annually report to the 4489 Division of State Lands; requiring the council to 4490 consider and evaluate in writing each project proposed 4491 for acquisition using such funds and ensure that each 4492 proposed project meets the requirements of s. 28, 4493 Article X of the State Constitution; amending ss. 4494 259.036, 259.037, 259.04, and 259.041, F.S.; 4495 conforming cross-references; amending s. 259.101, 4496 F.S.; conforming provisions affected by the 4497 termination of the Preservation 2000 Trust Fund; 4498 requiring agencies and water management districts that 4499 acquired lands using Preservation 2000 funds to make 4500 such lands available for public recreational use under 4501 certain circumstances; requiring water management 4502 districts and the department to control the growth of 4503 nonnative invasive plant species on such lands; 4504 amending s. 259.105, F.S.; deleting obsolete 4505 provisions; conforming cross-references; limiting the 4506 amount of funds that may be expended from the Land 4507 Acquisition Trust Fund for funding certain contractual 4508 arrangements; amending ss. 259.1051, 339.0801, 339.55, 4509 341.303, 343.58, 369.252, 373.026, and 373.089, F.S.; 4510 conforming cross-references; conforming provisions to 4511 changes made by the act; amending s. 373.129, F.S.; 4512 requiring certain civil penalties to be retained by 4513 the water management districts or deposited into the 4514 Water Quality Assurance Trust Fund; amending ss. 4515 373.1391 and 373.199, F.S.; conforming provisions to 4516 changes made by the act; amending s. 373.430, F.S.; 4517 requiring certain moneys to be deposited into the 4518 Water Quality Assurance Trust Fund rather than the 4519 Ecosystem Management and Restoration Trust Fund; 4520 amending ss. 373.459, 373.4592, 373.45926, 373.470, 4521 373.472, and 373.584, F.S.; conforming provisions to 4522 changes made by the act; amending s. 373.59, F.S.; 4523 conforming provisions affected by the termination of 4524 the Water Management Lands Trust Fund; amending s. 4525 373.5905, F.S.; conforming a cross-reference; amending 4526 ss. 373.703 and 375.031, F.S.; conforming provisions 4527 to changes made by the act; amending s. 375.041, F.S.; 4528 designating the Land Acquisition Trust Fund within the 4529 Department of Environmental Protection for receipt of 4530 certain documentary stamp tax revenues for the 4531 prescribed uses of s. 28, Article X of the State 4532 Constitution; providing for the continuation of the 4533 trust fund until a certain time; requiring certain 4534 moneys and revenues to be deposited into the Land 4535 Acquisition Trust Fund; providing priority for the use 4536 of moneys in the trust fund; requiring agencies 4537 receiving transfers of moneys from the fund to 4538 maintain the integrity of such funds; amending s. 4539 375.044, F.S.; conforming provisions to changes made 4540 by the act; repealing s. 375.045, F.S., relating to 4541 the Florida Preservation 2000 Trust Fund; amending s. 4542 375.075, F.S.; conforming provisions to changes made 4543 by the act; amending s. 376.11, F.S.; revising the 4544 funds required to be deposited into the Florida 4545 Coastal Protection Trust Fund and the purposes for 4546 which such funds may be used; amending s. 376.123, 4547 F.S.; conforming a cross-reference; amending s. 4548 376.307, F.S.; revising the funds required to be 4549 deposited into the Water Quality Assurance Trust Fund 4550 and the purposes for which such funds may be used; 4551 authorizing the department to enter into certain 4552 settlements; amending s. 376.40, F.S.; conforming a 4553 cross-reference; repealing s. 379.202, F.S., relating 4554 to the Conservation and Recreation Lands Program Trust 4555 Fund of the Fish and Wildlife Conservation Commission; 4556 amending s. 379.206, F.S.; requiring grants and 4557 donations from development-of-regional-impact wildlife 4558 mitigation contributions to be credited to the Grants 4559 and Donations Trust Fund; requiring that title to 4560 certain lands be vested in the Board of Trustees of 4561 the Internal Improvement Trust Fund; providing that 4562 certain land acquisitions are subject to certain 4563 procedures; amending s. 379.212, F.S.; providing that 4564 the Land Acquisition Trust Fund within the Fish and 4565 Wildlife Conservation Commission must be used to 4566 implement s. 28, Article X of the State Constitution; 4567 authorizing the department to transfer certain funds; 4568 requiring the commission to maintain the integrity of 4569 such funds; providing for the transfer of certain 4570 funds; amending s. 379.214, F.S.; conforming a cross 4571 reference; amending s. 380.0666, F.S.; conforming 4572 provisions to changes made by the act; repealing s. 4573 380.0677, F.S., relating to the Green Swamp Land 4574 Authority; amending s. 380.507, F.S.; conforming 4575 provisions to changes made by the act; amending s. 4576 380.508, F.S.; requiring certain funds over and above 4577 eligible project costs to be deposited into the 4578 Florida Forever Trust Fund rather than the Florida 4579 Communities Trust Fund; amending s. 380.510, F.S.; 4580 requiring certain funds collected under a grant or 4581 loan agreement to be deposited into the Internal 4582 Improvement Trust Fund rather than the Florida 4583 Communities Trust Fund; requiring the deed or lease of 4584 any real property acquired with certain funds to 4585 contain covenants and restrictions sufficient to 4586 ensure that the use of such real property complies 4587 with s. 28, Article X of the State Constitution; 4588 conforming provisions to changes made by the act; 4589 repealing s. 380.511, F.S., relating to the Florida 4590 Communities Trust Fund; amending s. 403.0615, F.S.; 4591 conforming provisions to changes made by the act; 4592 amending ss. 403.08601 and 403.121, F.S.; requiring 4593 certain funds to be deposited into the Water Quality 4594 Assurance Trust Fund rather than the Ecosystem 4595 Management and Restoration Trust Fund; repealing s. 4596 403.1651, F.S., relating to the Ecosystem Management 4597 and Restoration Trust Fund; amending s. 403.885, F.S.; 4598 conforming provisions to changes made by the act; 4599 repealing s. 403.8911, F.S., relating to the annual 4600 appropriation from the Water Protection and 4601 Sustainability Program Trust Fund; amending s. 4602 403.9325, F.S.; revising and redefining the term 4603 “public lands set aside for conservation or 4604 preservation” to include lands and interests acquired 4605 with funds deposited into the Land Acquisition Trust 4606 Fund; amending s. 403.93345, F.S.; redefining the term 4607 “fund” to mean the Water Quality Assurance Trust Fund; 4608 requiring certain funds to be deposited into the Water 4609 Quality Assurance Trust Fund rather than the Ecosystem 4610 Management and Restoration Trust Fund; amending ss. 4611 420.5092 and 420.9073, F.S.; conforming provisions to 4612 changes made by the act; repealing s. 570.207, F.S., 4613 relating to the Conservation and Recreation Lands 4614 Program Trust Fund of the Department of Agriculture 4615 and Consumer Services; amending s. 570.321, F.S.; 4616 conforming a cross-reference; amending s. 570.71, 4617 F.S.; excluding funds from the Land Acquisition Trust 4618 Fund from a requirement that funds be deposited into 4619 the Incidental Trust Fund under certain circumstances; 4620 amending s. 895.09, F.S.; conforming provisions to 4621 changes made by the act; reenacting s. 339.2818(6), 4622 F.S., relating to the Small County Outreach Program, 4623 s. 339.2819(5), F.S., relating to the Transportation 4624 Regional Incentive Program, s. 339.61(3), F.S., 4625 relating to the Florida Strategic Intermodal System, 4626 s. 341.051(6), F.S., relating to the New Starts 4627 Transit Program, and s. 420.9079(1), F.S., relating to 4628 the Local Government Housing Trust Fund, to 4629 incorporate the amendment made by this act to s. 4630 201.15, F.S., in references thereto; reenacting s. 4631 287.0595(2), F.S., relating to Department of 4632 Environmental Protection’s authority to adopt certain 4633 pollution response rules, to incorporate the amendment 4634 made by this act to s. 376.307, F.S., in a reference 4635 thereto; providing for construction of the act in pari 4636 materia with laws enacted during the 2015 Regular 4637 Session of the Legislature; providing for contingent 4638 retroactive operation; providing effective dates.