Florida Senate - 2023 SB 928



By Senator Stewart





17-00268A-23 2023928__
1 A bill to be entitled
2 An act relating to land acquisition funding; amending
3 s. 201.15, F.S.; extending the retirement date of
4 bonds issued to fund the Florida Forever Act; amending
5 s. 259.105, F.S.; revising the distribution of
6 proceeds from the Florida Forever Trust Fund for land
7 acquisition and capital project expenditures under the
8 Florida Forever Act; removing an obsolete provision;
9 amending s. 375.041, F.S.; requiring a specified
10 annual appropriation to the Florida Forever Trust
11 Fund; prohibiting the use of moneys from the Land
12 Acquisition Trust Fund for specified costs; amending
13 ss. 20.3315, 253.027, 253.034, 259.035, 380.510,
14 570.715, and 589.065, F.S.; conforming cross
15 references; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (3) of section
20 201.15, Florida Statutes, is amended to read:
21 201.15 Distribution of taxes collected.—All taxes collected
22 under this chapter are hereby pledged and shall be first made
23 available to make payments when due on bonds issued pursuant to
24 s. 215.618 or s. 215.619, or any other bonds authorized to be
25 issued on a parity basis with such bonds. Such pledge and
26 availability for the payment of these bonds shall have priority
27 over any requirement for the payment of service charges or costs
28 of collection and enforcement under this section. All taxes
29 collected under this chapter, except taxes distributed to the
30 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
31 are subject to the service charge imposed in s. 215.20(1).
32 Before distribution pursuant to this section, the Department of
33 Revenue shall deduct amounts necessary to pay the costs of the
34 collection and enforcement of the tax levied by this chapter.
35 The costs and service charge may not be levied against any
36 portion of taxes pledged to debt service on bonds to the extent
37 that the costs and service charge are required to pay any
38 amounts relating to the bonds. All of the costs of the
39 collection and enforcement of the tax levied by this chapter and
40 the service charge shall be available and transferred to the
41 extent necessary to pay debt service and any other amounts
42 payable with respect to bonds authorized before January 1, 2017,
43 secured by revenues distributed pursuant to this section. All
44 taxes remaining after deduction of costs shall be distributed as
45 follows:
46 (3) Amounts on deposit in the Land Acquisition Trust Fund
47 shall be used in the following order:
48 (a) Payment of debt service or funding of debt service
49 reserve funds, rebate obligations, or other amounts payable with
50 respect to Florida Forever bonds issued pursuant to s. 215.618.
51 The amount used for such purposes may not exceed $300 million in
52 each fiscal year. It is the intent of the Legislature that all
53 bonds issued to fund the Florida Forever Act be retired by
54 December 31, 2054 2040. Except for bonds issued to refund
55 previously issued bonds, a no series of bonds may not be issued
56 pursuant to this paragraph unless such bonds are approved and
57 the debt service for the remainder of the fiscal year in which
58 the bonds are issued is specifically appropriated in the General
59 Appropriations Act or other law with respect to bonds issued for
60 the purposes of s. 373.4598.
61
62 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
63 and ratably secured by moneys distributable to the Land
64 Acquisition Trust Fund.
65 Section 2. Subsections (3), (4), (7), (9), and (16) of
66 section 259.105, Florida Statutes, are amended to read:
67 259.105 The Florida Forever Act.—
68 (3) Less the costs of issuing and the costs of funding
69 reserve accounts and other costs associated with bonds, the
70 proceeds of cash payments or bonds issued pursuant to this
71 section shall be deposited into the Florida Forever Trust Fund
72 created by s. 259.1051. The proceeds shall be distributed by the
73 Department of Environmental Protection in the following manner:
74 (a) Thirty percent to the Department of Environmental
75 Protection for the acquisition of lands and capital project
76 expenditures necessary to implement the water management
77 districts’ priority lists developed pursuant to s. 373.199. The
78 funds are to be distributed to the water management districts as
79 provided in subsection (11). A minimum of 50 percent of the
80 total funds provided over the life of the Florida Forever
81 program pursuant to this paragraph shall be used for the
82 acquisition of lands.
83 (a)(b) Thirty-five and seven-tenths percent to the
84 Department of Environmental Protection for the acquisition of
85 lands and capital project expenditures described in this
86 section. Of the proceeds distributed pursuant to this paragraph,
87 it is the intent of the Legislature that an increased priority
88 be given to those acquisitions which achieve a combination of
89 conservation goals, including protecting Florida’s water
90 resources and natural groundwater recharge. At a minimum, 3
91 percent, and no more than 10 percent, of the funds allocated
92 pursuant to this paragraph shall be spent on capital project
93 expenditures identified during the time of acquisition which
94 meet land management planning activities necessary for public
95 access. Beginning in the 2017-2018 fiscal year and continuing
96 through the 2026-2027 fiscal year, at least $5 million of the
97 funds allocated pursuant to this paragraph shall be spent on
98 land acquisition within the Florida Keys Area of Critical State
99 Concern as authorized pursuant to s. 259.045.
100 (b)(c) Twenty and seven-tenths Twenty-one percent to the
101 Department of Environmental Protection for use by the Florida
102 Communities Trust for the purposes of part III of chapter 380,
103 as described and limited by this subsection, and grants to local
104 governments or nonprofit environmental organizations that are
105 tax-exempt under s. 501(c)(3) of the United States Internal
106 Revenue Code for the acquisition of community-based projects,
107 urban open spaces, parks, and greenways to implement local
108 government comprehensive plans. From funds available to the
109 trust and used for land acquisition, 75 percent shall be matched
110 by local governments on a dollar-for-dollar basis. The
111 Legislature intends that the Florida Communities trust emphasize
112 funding projects in low-income or otherwise disadvantaged
113 communities and projects that provide areas for direct water
114 access and water-dependent facilities that are open to the
115 public and offer public access by vessels to waters of the
116 state, including boat ramps and associated parking and other
117 support facilities. At least 30 percent of the total allocation
118 provided to the trust shall be used in Standard Metropolitan
119 Statistical Areas, but one-half of that amount shall be used in
120 localities in which the project site is located in built-up
121 commercial, industrial, or mixed-use areas and functions to
122 intersperse open spaces within congested urban core areas. Up to
123 2 percent of the total allocation provided to the trust may be
124 used for expenditures necessary to implement the Stan Mayfield
125 Working Waterfronts program pursuant to s. 380.5105 From funds
126 allocated to the trust, no less than 5 percent shall be used to
127 acquire lands for recreational trail systems, provided that in
128 the event these funds are not needed for such projects, they
129 will be available for other trust projects. Local governments
130 may use federal grants or loans, private donations, or
131 environmental mitigation funds for any part or all of any local
132 match required for acquisitions funded through the Florida
133 Communities trust. Any lands purchased by nonprofit
134 organizations using funds allocated under this paragraph must
135 provide for such lands to remain permanently in public use
136 through a reversion of title to local or state government,
137 conservation easement, or other appropriate mechanism. Projects
138 funded with funds allocated to the trust shall be selected in a
139 competitive process measured against criteria adopted in rule by
140 the trust.
141 (c)(d) Two and seven-tenths percent to the Department of
142 Environmental Protection for grants pursuant to s. 375.075.
143 (d)(e) Two and seven-tenths One and five-tenths percent to
144 the Department of Environmental Protection for the purchase of
145 inholdings and additions to state parks and for capital project
146 expenditures as described in this section. At a minimum, 1
147 percent, and no more than 10 percent, of the funds allocated
148 pursuant to this paragraph shall be spent on capital project
149 expenditures identified during the time of acquisition which
150 meet land management planning activities necessary for public
151 access. For the purposes of this paragraph, the term “state
152 park” means any real property in the state which is under the
153 jurisdiction of the Division of Recreation and Parks of the
154 department, or which may come under its jurisdiction.
155 (e)(f) Two and seven-tenths One and five-tenths percent to
156 the Florida Forest Service of the Department of Agriculture and
157 Consumer Services to fund the acquisition of state forest
158 inholdings and additions pursuant to s. 589.07, the
159 implementation of reforestation plans or sustainable forestry
160 management practices, and for capital project expenditures as
161 described in this section. At a minimum, 1 percent, and no more
162 than 10 percent, of the funds allocated for the acquisition of
163 inholdings and additions pursuant to this paragraph shall be
164 spent on capital project expenditures identified during the time
165 of acquisition which meet land management planning activities
166 necessary for public access.
167 (f)(g) Two and seven-tenths One and five-tenths percent to
168 the Fish and Wildlife Conservation Commission to fund the
169 acquisition of inholdings and additions to lands managed by the
170 commission which are important to the conservation of fish and
171 wildlife and for capital project expenditures as described in
172 this section. At a minimum, 1 percent, and no more than 10
173 percent, of the funds allocated pursuant to this paragraph shall
174 be spent on capital project expenditures identified during the
175 time of acquisition which meet land management planning
176 activities necessary for public access.
177 (g)(h) Two and seven-tenths One and five-tenths percent to
178 the Department of Environmental Protection for the Florida
179 Greenways and Trails Program, to acquire greenways and trails or
180 greenways and trail systems pursuant to chapter 260, including,
181 but not limited to, abandoned railroad rights-of-way and the
182 Florida National Scenic Trail and for capital project
183 expenditures as described in this section. At a minimum, 1
184 percent, and no more than 10 percent, of the funds allocated
185 pursuant to this paragraph shall be spent on capital project
186 expenditures identified during the time of acquisition which
187 meet land management planning activities necessary for public
188 access.
189 (h)(i) Thirty and one-tenth Three and five-tenths percent
190 to the Department of Agriculture and Consumer Services for the
191 acquisition of agricultural lands, through perpetual
192 conservation easements and other perpetual less than fee
193 techniques, which will achieve the objectives of Florida Forever
194 and s. 570.71. Rules concerning the application, acquisition,
195 and priority ranking process for such easements shall be
196 developed pursuant to s. 570.71(10) and as provided by this
197 paragraph. The board shall ensure that such rules are consistent
198 with the acquisition process provided for in s. 570.715. The
199 rules developed pursuant to s. 570.71(10), shall also provide
200 for the following:
201 1. An annual priority list shall be developed pursuant to
202 s. 570.71(10), submitted to the council for review, and approved
203 by the board pursuant to s. 259.04.
204 2. Terms of easements and acquisitions proposed pursuant to
205 this paragraph shall be approved by the board and may not be
206 delegated by the board to any other entity receiving funds under
207 this section.
208 3. All acquisitions pursuant to this paragraph shall
209 contain a clear statement that they are subject to legislative
210 appropriation.
211
212 Funds provided under this paragraph may not be expended until
213 final adoption of rules by the board pursuant to s. 570.71.
214 (j) Two and five-tenths percent to the Department of
215 Environmental Protection for the acquisition of land and capital
216 project expenditures necessary to implement the Stan Mayfield
217 Working Waterfronts Program within the Florida Communities Trust
218 pursuant to s. 380.5105.
219 (i)(k) It is the intent of the Legislature that cash
220 payments or proceeds of Florida Forever bonds distributed under
221 this section shall be expended in an efficient and fiscally
222 responsible manner. An agency that receives proceeds from
223 Florida Forever bonds under this section may not maintain a
224 balance of unencumbered funds in its Florida Forever subaccount
225 beyond 3 fiscal years from the date of deposit of funds from
226 each bond issue. Any funds that have not been expended or
227 encumbered after 3 fiscal years from the date of deposit shall
228 be distributed by the Legislature at its next regular session
229 for use in the Florida Forever program.
230 (j)(l) For the purposes of paragraphs (e), (f), and (g),
231 and (h), the agencies that receive the funds shall develop their
232 individual acquisition or restoration lists in accordance with
233 specific criteria and numeric performance measures developed
234 pursuant to s. 259.035(4). Proposed additions may be acquired if
235 they are identified within the original project boundary, the
236 management plan required pursuant to s. 253.034(5), or the
237 management prospectus required pursuant to s. 259.032(7)(c).
238 Proposed additions not meeting the requirements of this
239 paragraph shall be submitted to the council for approval. The
240 council may only approve the proposed addition if it meets two
241 or more of the following criteria: serves as a link or corridor
242 to other publicly owned property; enhances the protection or
243 management of the property; would add a desirable resource to
244 the property; would create a more manageable boundary
245 configuration; has a high resource value that otherwise would be
246 unprotected; or can be acquired at less than fair market value.
247 (m) Notwithstanding paragraphs (a)-(j) and for the 2021
248 2022 fiscal year, the amount of $1,998,100 to only the
249 Department of Environmental Protection for grants pursuant to s.
250 375.075. This paragraph expires July 1, 2022.
251 (4) It is the intent of the Legislature that projects or
252 acquisitions funded pursuant to paragraph paragraphs (3)(a) and
253 (b) contribute to the achievement of the following goals, which
254 shall be evaluated in accordance with specific criteria and
255 numeric performance measures developed pursuant to s.
256 259.035(4):
257 (a) Enhance the coordination and completion of land
258 acquisition projects, as measured by:
259 1. The number of acres acquired through the state’s land
260 acquisition programs that contribute to the enhancement of
261 essential natural resources, ecosystem service parcels, and
262 connecting linkage corridors as identified and developed by the
263 best available scientific analysis;
264 2. The number of acres protected through the use of
265 alternatives to fee simple acquisition; or
266 3. The number of shared acquisition projects among Florida
267 Forever funding partners and partners with other funding
268 sources, including local governments and the Federal Government.
269 (b) Increase the protection of Florida’s biodiversity at
270 the species, natural community, and landscape levels, as
271 measured by:
272 1. The number of acres acquired of significant strategic
273 habitat conservation areas;
274 2. The number of acres acquired of highest priority
275 conservation areas for Florida’s rarest species;
276 3. The number of acres acquired of significant landscapes,
277 landscape linkages, and conservation corridors, giving priority
278 to completing linkages;
279 4. The number of acres acquired