F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 559 2023
1 A bill to be entitled
2 An act relating to land acquisition funding; amending
3 s. 201.15, F.S.; extending the retirement date of
4 bonds issues to fund the Florida Forever Act; amending
5 s. 259.105, F.S.; revising the distribution of
6 proceeds from the Florida Forever Trust Fund for land
7 acquisition and capital project expenditures under the
8 Florida Forever Act; removing an obsolete provision;
9 conforming cross-references; amending s. 375.041,
10 F.S.; requiring a specified annual appropriation to
11 the Florida Forever Trust Fund; prohibiting the use of
12 moneys from the Land Acquisition Trust Fund for
13 specified costs; amending ss. 20.3315, 253.027,
14 253.034, 259.035, 380.510, 570.715, and 589.065, F.S.;
15 conforming cross-references; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (3) of section
21 201.15, Florida Statutes, is amended to read:
22 201.15 Distribution of taxes collected.—All taxes
23 collected under this chapter are hereby pledged and shall be
24 first made available to make payments when due on bonds issued
25 pursuant to s. 215.618 or s. 215.619, or any other bonds
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26 authorized to be issued on a parity basis with such bonds. Such
27 pledge and availability for the payment of these bonds shall
28 have priority over any requirement for the payment of service
29 charges or costs of collection and enforcement under this
30 section. All taxes collected under this chapter, except taxes
31 distributed to the Land Acquisition Trust Fund pursuant to
32 subsections (1) and (2), are subject to the service charge
33 imposed in s. 215.20(1). Before distribution pursuant to this
34 section, the Department of Revenue shall deduct amounts
35 necessary to pay the costs of the collection and enforcement of
36 the tax levied by this chapter. The costs and service charge may
37 not be levied against any portion of taxes pledged to debt
38 service on bonds to the extent that the costs and service charge
39 are required to pay any amounts relating to the bonds. All of
40 the costs of the collection and enforcement of the tax levied by
41 this chapter and the service charge shall be available and
42 transferred to the extent necessary to pay debt service and any
43 other amounts payable with respect to bonds authorized before
44 January 1, 2017, secured by revenues distributed pursuant to
45 this section. All taxes remaining after deduction of costs shall
46 be distributed as follows:
47 (3) Amounts on deposit in the Land Acquisition Trust Fund
48 shall be used in the following order:
49 (a) Payment of debt service or funding of debt service
50 reserve funds, rebate obligations, or other amounts payable with
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51 respect to Florida Forever bonds issued pursuant to s. 215.618.
52 The amount used for such purposes may not exceed $300 million in
53 each fiscal year. It is the intent of the Legislature that all
54 bonds issued to fund the Florida Forever Act be retired by
55 December 31, 2054 2040. Except for bonds issued to refund
56 previously issued bonds, a no series of bonds may not be issued
57 pursuant to this paragraph unless such bonds are approved and
58 the debt service for the remainder of the fiscal year in which
59 the bonds are issued is specifically appropriated in the General
60 Appropriations Act or other law with respect to bonds issued for
61 the purposes of s. 373.4598.
62
63 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
64 and ratably secured by moneys distributable to the Land
65 Acquisition Trust Fund.
66 Section 2. Subsections (3), (4), (7), (9), and (16) of
67 section 259.105, Florida Statutes, are amended to read:
68 259.105 The Florida Forever Act.—
69 (3) Less the costs of issuing and the costs of funding
70 reserve accounts and other costs associated with bonds, the
71 proceeds of cash payments or bonds issued pursuant to this
72 section shall be deposited into the Florida Forever Trust Fund
73 created by s. 259.1051. The proceeds shall be distributed by the
74 Department of Environmental Protection in the following manner:
75 (a) Thirty percent to the Department of Environmental
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76 Protection for the acquisition of lands and capital project
77 expenditures necessary to implement the water management
78 districts' priority lists developed pursuant to s. 373.199. The
79 funds are to be distributed to the water management districts as
80 provided in subsection (11). A minimum of 50 percent of the
81 total funds provided over the life of the Florida Forever
82 program pursuant to this paragraph shall be used for the
83 acquisition of lands.
84 (a)(b) Thirty-five percent to the Department of
85 Environmental Protection for the acquisition of lands and
86 capital project expenditures described in this section. Of the
87 proceeds distributed pursuant to this paragraph, it is the
88 intent of the Legislature that an increased priority be given to
89 those acquisitions which achieve a combination of conservation
90 goals, including protecting Florida's water resources and
91 natural groundwater recharge. At a minimum, 3 percent, and no
92 more than 10 percent, of the funds allocated pursuant to this
93 paragraph shall be spent on capital project expendi tures
94 identified during the time of acquisition which meet land
95 management planning activities necessary for public access.
96 Beginning in the 2017-2018 fiscal year and continuing through
97 the 2026-2027 fiscal year, at least $5 million of the funds
98 allocated pursuant to this paragraph shall be spent on land
99 acquisition within the Florida Keys Area of Critical State
100 Concern as authorized pursuant to s. 259.045.
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101 (b)(c) Twenty Twenty-one percent to the Department of
102 Environmental Protection for use by the Florida Communities
103 Trust for the purposes of part III of chapter 380, as described
104 and limited by this subsection, and grants to local governments
105 or nonprofit environmental organizations that are tax -exempt
106 under s. 501(c)(3) of the United States Internal Revenue Code
107 for the acquisition of community-based projects, urban open
108 spaces, parks, and greenways to implement local government
109 comprehensive plans. From funds available to the trust and used
110 for land acquisition, 75 percent shall be matched by local
111 governments on a dollar-for-dollar basis. The Legislature
112 intends that the Florida Communities trust emphasize funding
113 projects in low-income or otherwise disadvantaged communities
114 and projects that provide areas for direct water access and
115 water-dependent facilities that are open to the public and offer
116 public access by vessels to waters of the state, including boat
117 ramps and associated parking and other support facilities. At
118 least 30 percent of the total allocation provided to the trust
119 shall be used in Standard Metropolitan Statistical Areas, but
120 one-half of that amount shall be used in localities in which the
121 project site is located in built-up commercial, industrial, or
122 mixed-use areas and functions to intersperse open spaces within
123 congested urban core areas. Up to 2 percent of the total
124 allocation provided to the trust may be used for expenditures
125 necessary to implement the Stan Mayfield Working Waterfronts
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126 program pursuant to s. 380.5105 From funds allocated to the
127 trust, no less than 5 percent shall be used to acquire lands for
128 recreational trail systems, provided that in the event these
129 funds are not needed for such projects, they will be available
130 for other trust projects. Local governments may use federal
131 grants or loans, private donations, or environmental mitigation
132 funds for any part or all of any local match required for
133 acquisitions funded through the Florida Communities trust. Any
134 lands purchased by nonprofit organizations using funds allocated
135 under this paragraph must provide for such lands to r emain
136 permanently in public use through a reversion of title to local
137 or state government, conservation easement, or other appropriate
138 mechanism. Projects funded with funds allocated to the trust
139 shall be selected in a competitive process measured against
140 criteria adopted in rule by the trust.
141 (c)(d) Two percent to the Department of Environmental
142 Protection for grants pursuant to s. 375.075.
143 (d)(e) Two One and five-tenths percent to the Department
144 of Environmental Protection for the purchase of inholdings and
145 additions to state parks and for capital project expenditures as
146 described in this section. At a minimum, 1 percent, and no more
147 than 10 percent, of the funds allocated pursuant to this
148 paragraph shall be spent on capital project expenditures
149 identified during the time of acquisition which meet land
150 management planning activities necessary for public access. For
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151 the purposes of this paragraph, the term "state park" means any
152 real property in the state which is under the jurisdiction of
153 the Division of Recreation and Parks of the department, or which
154 may come under its jurisdiction.
155 (e)(f) Two One and five-tenths percent to the Florida
156 Forest Service of the Department of Agriculture and Consumer
157 Services to fund the acquisition of state forest inholdings and
158 additions pursuant to s. 589.07, the implementation of
159 reforestation plans or sustainable forestry management
160 practices, and for capital project expenditures as described in
161 this section. At a minimum, 1 percent, and no more than 10
162 percent, of the funds allocated for the acquisition of
163 inholdings and additions pursuant to this paragraph shall be
164 spent on capital project expenditures identified during the time
165 of acquisition which meet land management planning activities
166 necessary for public access.
167 (f)(g) Two One and five-tenths percent to the Fish and
168 Wildlife Conservation Commission to fund the acquisition of
169 inholdings and additions to lands managed by the commission
170 which are important to the conservation of fish and wildlife and
171 for capital project expenditures as described in this section.
172 At a minimum, 1 percent, and no more than 10 percent, of the
173 funds allocated pursuant to this paragraph shall be spent on
174 capital project expenditures identified during the time of
175 acquisition which meet land management planning activities
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176 necessary for public access.
177 (g)(h) Two One and five-tenths percent to the Department
178 of Environmental Protection for the Florida Greenways and Trails
179 Program, to acquire greenways and trails or greenways and trail
180 systems pursuant to chapter 260, including, but not limited to,
181 abandoned railroad rights-of-way and the Florida National Scenic
182 Trail and for capital project expenditures as described in this
183 section. At a minimum, 1 percent, and no more than 10 percent,
184 of the funds allocated pursuant to this paragraph shall be spent
185 on capital project expenditures identified during the time of
186 acquisition which meet land management planning activities
187 necessary for public access.
188 (h)(i) Thirty-five Three and five-tenths percent to the
189 Department of Agriculture and Consumer Services for the
190 acquisition of agricultural lands, through perpetual
191 conservation easements and other perpetual less tha n fee
192 techniques, which will achieve the objectives of Florida Forever
193 and s. 570.71. Rules concerning the application, acquisition,
194 and priority ranking process for such easements shall be
195 developed pursuant to s. 570.71(10) and as provided by this
196 paragraph. The board shall ensure that such rules are consistent
197 with the acquisition process provided for in s. 570.715. The
198 rules developed pursuant to s. 570.71(10), shall also provide
199 for the following:
200 1. An annual priority list shall be developed pursuant to
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201 s. 570.71(10), submitted to the council for review, and approved
202 by the board pursuant to s. 259.04.
203 2. Terms of easements and acquisitions proposed pursuant
204 to this paragraph shall be approved by the board and may not be
205 delegated by the board to any other entity receiving funds under
206 this section.
207 3. All acquisitions pursuant to this paragraph shall
208 contain a clear statement that they are subject to legislative
209 appropriation.
210
211 Funds provided under this paragraph may not be expended until
212 final adoption of rules by the board pursu