Bill Text: FL S0928 | 2023 | Regular Session | Introduced
Bill Title: Land Acquisition Funding
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-05-05 - Died in Environment and Natural Resources, companion bill(s) passed, see CS/CS/HB 1379 (Ch. 2023-169) [S0928 Detail]
Download: Florida-2023-S0928-Introduced.html
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, 20542040. Except for bonds issued to refund 55 previously issued bonds, anoseries 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 Environmental75Protection for the acquisition of lands and capital project76expenditures necessary to implement the water management77districts’ priority lists developed pursuant to s. 373.199. The78funds are to be distributed to the water management districts as79provided in subsection (11). A minimum of 50 percent of the80total funds provided over the life of the Florida Forever81program pursuant to this paragraph shall be used for the82acquisition 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-tenthsTwenty-onepercent 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 theFlorida Communitiestrust emphasize 112 funding projects in low-income or otherwise disadvantaged 113 communitiesand projects that provide areas for direct water114access and water-dependent facilities that are open to the115public and offer public access by vessels to waters of the116state, including boat ramps and associated parking and other117support 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. 380.5105From funds126allocated to the trust, no less than 5 percent shall be used to127acquire lands for recreational trail systems, provided that in128the event these funds are not needed for such projects, they129will 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 theFlorida133Communitiestrust. 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-tenthsOne and five-tenthspercent 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-tenthsOne and five-tenthspercent 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-tenthsOne and five-tenthspercent 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-tenthsOne and five-tenthspercent 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-tenthThree and five-tenthspercent 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 of215Environmental Protection for the acquisition of land and capital216project expenditures necessary to implement the Stan Mayfield217Working Waterfronts Program within the Florida Communities Trust218pursuant 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), 231and (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 20212482022 fiscal year, the amount of $1,998,100 to only the249Department of Environmental Protection for grants pursuant to s.250375.075. This paragraph expires July 1, 2022.251 (4) It is the intent of the Legislature that projects or 252 acquisitions funded pursuant to paragraphparagraphs(3)(a)and253(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 of underrepresented native 280 ecosystems; 281 5. The number of landscape-sized protection areas of at 282 least 50,000 acres that exhibit a mosaic of predominantly intact 283 or restorable natural communities established through new 284 acquisition projects or augmentations to previous projects; or 285 6. The percentage increase in the number of occurrences of 286 imperiled species on publicly managed conservation areas. 287 (c) Protect, restore, and maintain the quality and natural 288 functions of land, water, and wetland systems of the state, as 289 measured by: 290 1. The number of acres of publicly owned land identified as 291 needing restoration, enhancement, and management, acres 292 undergoing restoration or enhancement, acres with restoration 293 activities completed, and acres managed to maintain such 294 restored or enhanced conditions; the number of acres which 295 represent actual or potential imperiled species habitat; the 296 number of acres which are available pursuant to a management 297 plan to restore, enhance, repopulate, and manage imperiled 298 species habitat; and the number of acres of imperiled species 299 habitat managed, restored, enhanced, repopulated, or acquired; 300 2. The percentage of water segments that fully meet, 301 partially meet, or do not meet their designated uses as reported 302 in the Department of Environmental Protection’s State Water 303 Quality Assessment 305(b) Report; 304 3. The percentage completion of targeted capital 305 improvements in surface water improvement and management plans 306 created under s. 373.453(2), regional or master stormwater 307 management system plans, or other adopted restoration plans; 308 4. The number of acres acquired that protect natural 309 floodplain functions; 310 5. The number of acres acquired that protect surface waters 311 of the state; 312 6. The number of acres identified for acquisition to 313 minimize damage from flooding and the percentage of those acres 314 acquired; 315 7. The number of acres acquired that protect fragile 316 coastal resources; 317 8. The number of acres of functional wetland systems 318 protected; 319 9. The percentage of miles of critically eroding beaches 320 contiguous with public lands that are restored or protected from 321 further erosion; 322 10. The percentage of public lakes and rivers in which 323 invasive, nonnative aquatic plants are under maintenance 324 control; or 325 11. The number of acres of public conservation lands in 326 which upland invasive, exotic plants are under maintenance 327 control. 328 (d) Ensure that sufficient quantities of water are 329 available to meet the current and future needs of natural 330 systems and the citizens of the state, as measured by: 331 1. The number of acres acquired which provide retention and 332 storage of surface water in naturally occurring storage areas, 333 such as lakes and wetlands, consistent with the maintenance of 334 water resources or water supplies and consistent with district 335 water supply plans; 336 2. The quantity of water made available through the water 337 resource development component of a district water supply plan 338 for which a water management district is responsible; or 339 3. The number of acres acquired of groundwater recharge 340 areas critical to springs, sinks, aquifers, other natural 341 systems, or water supply. 342 (e) Increase natural resource-based public recreational and 343 educational opportunities, as measured by: 344 1. The number of acres acquired that are available for 345 natural resource-based public recreation or education; 346 2. The miles of trails that are available for public 347 recreation, giving priority to those that provide significant 348 connections including those that will assist in completing the 349 Florida National Scenic Trail; or 350 3. The number of new resource-based recreation facilities, 351 by type, made available on public land. 352 (f) Preserve significant archaeological or historic sites, 353 as measured by: 354 1. The increase in the number of and percentage of historic 355 and archaeological properties listed in the Florida Master Site 356 File or National Register of Historic Places which are protected 357 or preserved for public use; or 358 2. The increase in the number and percentage of historic 359 and archaeological properties that are in state ownership. 360 (g) Increase the amount of forestland available for 361 sustainable management of natural resources, as measured by: 362 1. The number of acres acquired that are available for 363 sustainable forest management; 364 2. The number of acres of state-owned forestland managed 365 for economic return in accordance with current best management 366 practices; 367 3. The number of acres of forestland acquired that will 368 serve to maintain natural groundwater recharge functions; or 369 4. The percentage and number of acres identified for 370 restoration actually restored by reforestation. 371 (h) Increase the amount of open space available in urban 372 areas, as measured by: 373 1. The percentage of local governments that participate in 374 land acquisition programs and acquire open space in urban cores; 375 or 376 2. The percentage and number of acres of purchases of open 377 space within urban service areas. 378 (i) Mitigate the effects of natural disasters and floods in 379 developed areas, as measured by: 380 1. The number of acres acquired within a 100-year 381 floodplain or a coastal high hazard area; 382 2. The number of acres acquired or developed to serve dual 383 functions as: 384 a. Flow ways or temporary water storage areas during 385 flooding or high water events, not including permanent 386 reservoirs; and 387 b. Greenways or open spaces available to the public for 388 recreation; 389 3. The number of acres that protect existing open spaces 390 and natural buffer areas within a floodplain that also serve as 391 natural flow ways or natural temporary water storage areas; and 392 4. The percentage of the land acquired within the project 393 boundary that creates additional open spaces, natural buffer 394 areas, and greenways within a floodplain, while precluding 395 rebuilding in areas that repeatedly flood. 396 397 Florida Forever projects and acquisitions funded pursuant to 398 paragraph (3)(b)(3)(c)shall be measured by goals developed by 399 rule by the Florida Communities Trust Governing Board created in 400 s. 380.504. 401 (7)(a) No later than July 1 annually, the Acquisition and 402 Restoration Council shall accept applications from state 403 agencies, local governments, nonprofit and for-profit 404 organizations, private land trusts, and individuals for project 405 proposals eligible for funding pursuant to paragraph (3)(a) 406(3)(b). The council shall evaluate the proposals received 407 pursuant to this subsection to ensure that they meet at least 408 one of the criteria under subsection (9). 409 (b) Project applications shall contain, at a minimum, the 410 following: 411 1. A minimum of two numeric performance measures that 412 directly relate to the overall goals adopted by the council. 413 Each performance measure shall include a baseline measurement, 414 which is the current situation; a performance standard which the 415 project sponsor anticipates the project will achieve; and the 416 performance measurement itself, which should reflect the 417 incremental improvements the project accomplishes towards 418 achieving the performance standard. 419 2. Proof that property owners within any proposed 420 acquisition have been notified of their inclusion in the 421 proposed project. Any property owner may request the removal of 422 such property from further consideration by submitting a request 423 to the project sponsor or the Acquisition and Restoration 424 Council by certified mail. Upon receiving this request, the 425 council shall delete the property from the proposed project; 426 however, the board of trustees, at the time it votes to approve 427 the proposed project lists pursuant to subsection (16), may add 428 the property back on to the project lists if it determines by a 429 super majority of its members that such property is critical to 430 achieve the purposes of the project. 431 (c) The title to lands acquired under this section shall 432 vest in the Board of Trustees of the Internal Improvement Trust 433 Fund, except that title to lands acquired by a water management 434 district shall vest in the name of that district and lands 435 acquired by a local government shall vest in the name of the 436 purchasing local government. 437 (9) The Acquisition and Restoration Council shall recommend 438 rules for adoption by the board of trustees to competitively 439 evaluate, select, and rank projects eligible for Florida Forever 440 funds pursuant to paragraph (3)(a)(3)(b). In developing these 441 proposed rules, the Acquisition and Restoration Council shall 442 give weight to the following criteria: 443 (a) The project meets multiple goals described in 444 subsection (4). 445 (b) The project is part of an ongoing governmental effort 446 to restore, protect, or develop land areas or water resources. 447 (c) The project enhances or facilitates management of 448 properties already under public ownership. 449 (d) The project has significant archaeological or historic 450 value. 451 (e) The project has funding sources that are identified and 452 assured through at least the first 2 years of the project. 453 (f) The project contributes to the solution of water 454 resource problems on a regional basis. 455 (g) The project has a significant portion of its land area 456 in imminent danger of development, in imminent danger of losing 457 its significant natural attributes or recreational open space, 458 or in imminent danger of subdivision which would result in 459 multiple ownership and make acquisition of the project costly or 460 less likely to be accomplished. 461 (h) The project implements an element from a plan developed 462 by an ecosystem management team. 463 (i) The project is one of the components of the Everglades 464 restoration effort. 465 (j) The project may be purchased at 80 percent of appraised 466 value. 467 (k) The project may be acquired, in whole or in part, using 468 alternatives to fee simple, including but not limited to, tax 469 incentives, mitigation funds, or other revenues; the purchase of 470 development rights, hunting rights, agricultural or 471 silvicultural rights, or mineral rights; or obtaining 472 conservation easements or flowage easements. 473 (l) The project is a joint acquisition, either among public 474 agencies, nonprofit organizations, or private entities, or by a 475 public-private partnership. 476 (16) All proposals for projects pursuant to paragraph 477 (3)(a)(3)(b)shall be implemented only if adopted by the 478 Acquisition and Restoration Council and approved by the board of 479 trustees. The council shall consider and evaluate in writing the 480 merits and demerits of each project that is proposed for Florida 481 Forever funding. The council shall ensure that each proposed 482 project will meet a stated public purpose for the restoration, 483 conservation, or preservation of environmentally sensitive lands 484 and water areas or for providing outdoor recreational 485 opportunities. The council also shall determine whether the 486 project or addition conforms, where applicable, with the 487 comprehensive plan developed pursuant to s. 259.04(1)(a), the 488 comprehensive multipurpose outdoor recreation plan developed 489 pursuant to s. 375.021, the state lands management plan adopted 490 pursuant to s. 253.03(7), the water resources work plans 491 developed pursuant to s. 373.199, and the provisions of this 492 section. 493 Section 3. Subsections (3) and (4) of section 375.041, 494 Florida Statutes, are amended to read: 495 375.041 Land Acquisition Trust Fund.— 496 (3) Funds distributed into the Land Acquisition Trust Fund 497 pursuant to s. 201.15 shall be applied: 498 (a) First, to pay debt service or to fund debt service 499 reserve funds, rebate obligations, or other amounts payable with 500 respect to Florida Forever bonds issued under s. 215.618; and 501 pay debt service, provide reserves, and pay rebate obligations 502 and other amounts due with respect to Everglades restoration 503 bonds issued under s. 215.619; and 504 (b) Of the funds remaining after the payments required 505 under paragraph (a), but before funds may be appropriated, 506 pledged, or dedicated for other uses: 507 1. A minimum of the lesser of 25 percent or $200 million 508 shall be appropriated annually for Everglades projects that 509 implement the Comprehensive Everglades Restoration Plan as set 510 forth in s. 373.470, including the Central Everglades Planning 511 Project subject to Congressional authorization; the Long-Term 512 Plan as defined in s. 373.4592(2); and the Northern Everglades 513 and Estuaries Protection Program as set forth in s. 373.4595. 514 From these funds, $32 million shall be distributed each fiscal 515 year through the 2023-2024 fiscal year to the South Florida 516 Water Management District for the Long-Term Plan as defined in 517 s. 373.4592(2). After deducting the $32 million distributed 518 under this subparagraph, from the funds remaining, a minimum of 519 the lesser of 76.5 percent or $100 million shall be appropriated 520 each fiscal year through the 2025-2026 fiscal year for the 521 planning, design, engineering, and construction of the 522 Comprehensive Everglades Restoration Plan as set forth in s. 523 373.470, including the Central Everglades Planning Project, the 524 Everglades Agricultural Area Storage Reservoir Project, the Lake 525 Okeechobee Watershed Project, the C-43 West Basin Storage 526 Reservoir Project, the Indian River Lagoon-South Project, the 527 Western Everglades Restoration Project, and the Picayune Strand 528 Restoration Project. The Department of Environmental Protection 529 and the South Florida Water Management District shall give 530 preference to those Everglades restoration projects that reduce 531 harmful discharges of water from Lake Okeechobee to the St. 532 Lucie or Caloosahatchee estuaries in a timely manner. For the 533 purpose of performing the calculation provided in this 534 subparagraph, the amount of debt service paid pursuant to 535 paragraph (a) for bonds issued after July 1, 2016, for the 536 purposes set forth under this paragraph shall be added to the 537 amount remaining after the payments required under paragraph 538 (a). The amount of the distribution calculated shall then be 539 reduced by an amount equal to the debt service paid pursuant to 540 paragraph (a) on bonds issued after July 1, 2016, for the 541 purposes set forth under this subparagraph. 542 2. A minimum of the lesser of 7.6 percent or $50 million 543 shall be appropriated annually for spring restoration, 544 protection, and management projects. For the purpose of 545 performing the calculation provided in this subparagraph, the 546 amount of debt service paid pursuant to paragraph (a) for bonds 547 issued after July 1, 2016, for the purposes set forth under this 548 paragraph shall be added to the amount remaining after the 549 payments required under paragraph (a). The amount of the 550 distribution calculated shall then be reduced by an amount equal 551 to the debt service paid pursuant to paragraph (a) on bonds 552 issued after July 1, 2016, for the purposes set forth under this 553 subparagraph. 554 3. The sum of $5 million shall be appropriated annually 555 each fiscal year through the 2025-2026 fiscal year to the St. 556 Johns River Water Management District for projects dedicated to 557 the restoration of Lake Apopka. This distribution shall be 558 reduced by an amount equal to the debt service paid pursuant to 559 paragraph (a) on bonds issued after July 1, 2016, for the 560 purposes set forth in this subparagraph. 561 4. The sum of $64 million is appropriated and shall be 562 transferred to the Everglades Trust Fund for the 2018-2019 563 fiscal year, and each fiscal year thereafter, for the EAA 564 reservoir project pursuant to s. 373.4598. Any funds remaining 565 in any fiscal year shall be made available only for Phase II of 566 the C-51 reservoir project or projects identified in 567 subparagraph 1. and must be used in accordance with laws 568 relating to such projects. Any funds made available for such 569 purposes in a fiscal year are in addition to the amount 570 appropriated under subparagraph 1. This distribution shall be 571 reduced by an amount equal to the debt service paid pursuant to 572 paragraph (a) on bonds issued after July 1, 2017, for the 573 purposes set forth in this subparagraph. 574 5. The sum of $50 million shall be appropriated annually to 575 the South Florida Water Management District for the Lake 576 Okeechobee Watershed Restoration Project in accordance with s. 577 373.4599. This distribution must be reduced by an amount equal 578 to the debt service paid pursuant to paragraph (a) on bonds 579 issued after July 1, 2021, for the purposes set forth in this 580 subparagraph. 581 6. A minimum of the lesser of 40 percent or $300 million 582 shall be appropriated annually to the Florida Forever Trust Fund 583Notwithstanding subparagraph 3., for the 2022-2023 fiscal year,584funds shall be appropriated as provided in the General585Appropriations Act. This subparagraph expires July 1, 2023. 586 (4) Any remaining moneys in the Land Acquisition Trust Fund 587 which are not distributed as provided in subsection (3) may be 588 appropriated from time to time for the purposes set forth in s. 589 28, Art. X of the State Constitution, except that moneys 590 distributed from the Land Acquisition Trust Fund may not be used 591 for costs associated with any of the following budget entities: 592 (a) The Executive Direction and Support Services and the 593 Technology and Information Services within the Department of 594 Environmental Protection. 595 (b) The Executive Direction and Support Services and the 596 Office of Agriculture Technology Services within the Department 597 of Agriculture and Consumer Services. 598 (c) The Office of Executive Direction and Administrative 599 Support Services within the Fish and Wildlife Conservation 600 Commission. 601 (d) The Executive Direction and Support Services within the 602 Department of State. 603 Section 4. Subsection (1) of section 20.3315, Florida 604 Statutes, is amended to read: 605 20.3315 Florida Forever Program Trust Fund of the Florida 606 Fish and Wildlife Conservation Commission.— 607 (1) There is created a Florida Forever Program Trust Fund 608 within the Florida Fish and Wildlife Conservation Commission to 609 carry out the duties of the commission under the Florida Forever 610 Act as specified in s. 259.105(3)(f)s. 259.105(3)(g). The trust 611 fund shall receive funds pursuant to s. 259.105(3)(f)s.612259.105(3)(g). 613 Section 5. Subsections (4) and (5) of section 253.027, 614 Florida Statutes, are amended to read: 615 253.027 Emergency archaeological property acquisition.— 616 (4) EMERGENCY ARCHAEOLOGICAL ACQUISITION.—The sum of $2 617 million shall be reserved annually within the Florida Forever 618 Trust Fund for the purpose of emergency archaeological 619 acquisition. Any portion of that amount not spent or obligated 620 by the end of the third quarter of the fiscal year may be used 621 for approved acquisitions pursuant to s. 259.105(3)(a)s.622259.105(3)(b). 623 (5) ACCOUNT EXPENDITURES.— 624 (a)NoMoneys may notshallbe spent for the acquisition of 625 any property, including title works, appraisal fees, and survey 626 costs, unless: 627 1. The property is an archaeological property of major 628 statewide significance. 629 2. The structures, artifacts, or relics, or their historic 630 significance, will be irretrievably lost if the state cannot 631 acquire the property. 632 3. The site is presently on an acquisition list for Florida 633 Forever lands or complies with the criteria for inclusion on any 634 such list, but has yet to be included on the list. 635 4. No other source of immediate funding is available to 636 purchase or otherwise protect the property. 637 5. The site is not otherwise protected by local, state, or 638 federal laws. 639 6. The acquisition is not inconsistent with the state 640 comprehensive plan and the state land acquisition program. 641 (b)NoMoneys may notshallbe spent from the account for 642 excavation or restoration of the properties acquired. Funds may 643 be spent for preliminary surveys to determine if the sites meet 644 the criteria of this section. An amount not to exceed $100,000 645 may also be spent from the account to inventory and evaluate 646 archaeological and historic resources on properties purchased, 647 or proposed for purchase, pursuant to s. 259.105(3)(a)s.648259.105(3)(b). 649 Section 6. Subsection (3) of section 253.034, Florida 650 Statutes, is amended to read: 651 253.034 State-owned lands; uses.— 652 (3) Recognizing that recreational trails purchased with 653 rails-to-trails funds pursuant to former s. 259.101(3)(g), 654 Florida Statutes 2014, or s. 259.105(3)(g)s. 259.105(3)(h)have 655 had historic transportation uses and that their linear character 656 may extend many miles, the Legislature intends that if the 657 necessity arises to serve public needs, after balancing the need 658 to protect trail users from collisions with automobiles and a 659 preference for the use of overpasses and underpasses to the 660 greatest extent feasible and practical, transportation uses 661 shall be allowed to cross recreational trails purchased pursuant 662 to former s. 259.101(3)(g), Florida Statutes 2014, or s. 663 259.105(3)(g)s. 259.105(3)(h). When these crossings are needed, 664 the location and design should consider and mitigate the impact 665 on humans and environmental resources, and the value of the land 666 shall be paid based on fair market value. 667 Section 7. Subsections (3) and (6) of section 259.035, 668 Florida Statutes, are amended to read: 669 259.035 Acquisition and Restoration Council.— 670 (3) The council shall provide assistance to the board in 671 reviewing the recommendations and plans for state-owned 672 conservation lands required under s. 253.034 and this chapter. 673 The council shall, in reviewing such plans, consider the 674 optimization of multiple-use and conservation strategies to 675 accomplish the provisions funded pursuant to former s. 676 259.101(3)(a), Florida Statutes 2014, and to s. 259.105(3)(a)s.677259.105(3)(b). 678 (6) The proposal for a project pursuant to this section or 679 s. 259.105(3)(a)s. 259.105(3)(b)may be implemented only if 680 adopted by the council and approved by the board of trustees. 681 The council shall consider and evaluate in writing the merits 682 and demerits of each project that is proposed for acquisition 683 using funds available pursuant to s. 28, Art. X of the State 684 Constitution or Florida Forever funding and shall ensure that 685 each proposed project meets the requirements of s. 28, Art. X of 686 the State Constitution. The council also shall determine whether 687 the project conforms, where applicable, with the comprehensive 688 plan developed pursuant to s. 259.04(1)(a), the comprehensive 689 multipurpose outdoor recreation plan developed pursuant to s. 690 375.021, the state lands management plan adopted pursuant to s. 691 253.03(7), the water resources work plans developed pursuant to 692 s. 373.199, and the provisions of s. 259.032, s. 259.101, or s. 693 259.105, whichever is applicable. 694 Section 8. Subsection (7) of section 380.510, Florida 695 Statutes, is amended to read: 696 380.510 Conditions of grants and loans.— 697 (7) Any funds received by the trust pursuant to s. 698 259.105(3)(b)s. 259.105(3)(c)or s. 375.041 shall be held 699 separate and apart from any other funds held by the trust and 700 used for the land acquisition purposes of this part. 701 (a) The administration and use of Florida Forever funds are 702 subject to such terms and conditions imposed thereon by the 703 agency of the state responsible for the bonds, the proceeds of 704 which are deposited into the Florida Forever Trust Fund, 705 including restrictions imposed to ensure that the interest on 706 any such bonds issued by the state as tax-exempt bonds is not 707 included in the gross income of the holders of such bonds for 708 federal income tax purposes. 709 (b) All deeds or leases with respect to any real property 710 acquired with funds received by the trust from the former 711 Preservation 2000 Trust Fund, the Florida Forever Trust Fund, or 712 the Land Acquisition Trust Fund must contain such covenants and 713 restrictions as are sufficient to ensure that the use of such 714 real property at all times complies with s. 375.051 and s. 9, 715 Art. XII of the State Constitution. Each deed or lease with 716 respect to any real property acquired with funds received by the 717 trust from the Florida Forever Trust Fund before July 1, 2015, 718 must contain covenants and restrictions sufficient to ensure 719 that the use of such real property at all times complies with s. 720 11(e), Art. VII of the State Constitution. Each deed or lease 721 with respect to any real property acquired with funds received 722 by the trust from the Florida Forever Trust Fund after July 1, 723 2015, must contain covenants and restrictions sufficient to 724 ensure that the use of such real property at all times complies 725 with s. 28, Art. X of the State Constitution. Each deed or lease 726 must contain a reversion, conveyance, or termination clause that 727 vests title in the Board of Trustees of the Internal Improvement 728 Trust Fund if any of the covenants or restrictions are violated 729 by the titleholder or leaseholder or by some third party with 730 the knowledge of the titleholder or leaseholder. 731 Section 9. Paragraph (d) of subsection (1) of section 732 570.715, Florida Statutes, is amended to read: 733 570.715 Conservation easement acquisition procedures.— 734 (1) For less than fee simple acquisitions pursuant to s. 735 570.71, the Department of Agriculture and Consumer Services 736 shall comply with the following acquisition procedures: 737 (d) On behalf of the board of trustees and before the 738 appraisal of parcels approved for purchase under ss. 739 259.105(3)(h)ss. 259.105(3)(i)and 570.71, the department may 740 enter into option contracts to buy less than fee simple interest 741 in such parcels. Any such option contract shall state that the 742 final purchase price is subject to approval by the board of 743 trustees and that the final purchase price may not exceed the 744 maximum offer authorized by law. Any such option contract 745 presented to the board of trustees for final purchase price 746 approval shall explicitly state that payment of the final 747 purchase price is subject to an appropriation by the 748 Legislature. The consideration for any such option contract may 749 not exceed $1,000 or 0.01 percent of the estimate by the 750 department of the value of the parcel, whichever amount is 751 greater. 752 Section 10. Subsection (1) of section 589.065, Florida 753 Statutes, is amended to read: 754 589.065 Florida Forever Program Trust Fund of the 755 Department of Agriculture and Consumer Services.— 756 (1) There is created a Florida Forever Program Trust Fund 757 within the Department of Agriculture and Consumer Services to 758 carry out the duties of the department under the Florida Forever 759 Act as specified in s. 259.105(3)(e)s. 259.105(3)(f). The trust 760 fund shall receive funds pursuant to s. 259.105(3)(e)s.761259.105(3)(f). 762 Section 11. This act shall take effect July 1, 2023.