Florida Forever - Acquisition And Restoration Highlights
 
October 11, 2000
 

The State of Florida, which has led the nation in land conservation initiatives in recent years, has now charted a new course for the next decade. Constitutional amendments ratified in 1998, and legislative implementation in the 1999 and 2000 sessions have continued the extraordinary funding levels but have altered the emphasis on acquisition and restoration activities. These changes also have inspired a new round of local government bond issues for acquisition of open space and environmentally sensitive lands.

This year marks the end of Preservation 2000, Florida’s premier land acquisition program. The 10-year, $3 billion program secured the acquisition of 1.4 million acres of environmentally sensitive lands. Most of the lands acquired during the decade were large ecosystemwide projects purchased through the Conservation and Recreation Lands (CARL) program and the Save Our Rivers (SOR) program. These acquisitions protected large corridors along the Everglades, St. Johns River, and Big Bend, plus small but critical acquisitions on Lake Wales Ridge and Florida Keys. Acquisitions under the program created 22 new state parks earning Florida State Parks recognition as best in the nation.

In 1998, Florida voters ratified The Conservation Amendment as submitted by the Constitution Revision Commission which provided a new authorization for bonds “to finance the acquisition and improvement of land, water areas, and related property interests and resources for the purposes of conservation, outdoor recreation, water resource development, restoration of natural systems, and historic preservation.” This was consistent with an emerging national trend. During the 1998 election cycle, 124 state and local open space bond issues were approved which authorized $5.28 billion for conservation.

In 1999, the Florida Legislature implemented The Conservation Amendment by passing Florida Forever, a new 10-year, $3 billion land acquisition program. Florida Forever funds a continuation of programs funded under Preservation 2000, such as CARL, SOR, Florida Communities Trust, Greenways and Trails, plus additions to state parks, forests, and wildlife management areas. The 2000 Legislative Session approved the first year appropriation for the program at $300 million.

While they are similar, Florida Forever offers a different set of priorities from the previous programs. First, there is a new urban emphasis on open space acquisition. The appropriation to the Florida Communities Trust which makes grants to local governments for open space, parks, and comprehensive plan projects has been tripled to $72 million. There is also an emphasis on water-related projects and water resource development. Those projects, which are primarily near urban areas, that can combine land and water conservation should receive priority under Florida Forever.

The Legislature also established new boards to do the detail work of the new program. The Florida Forever Advisory Council was created for the purpose of recommending benchmarks for success to guide the new program. The Acquisition and Restoration Council (ARC) was created to approve management plans for state lands and set priorities for ranking land acquisition projects. A new Greenways Council was created to create new linkages for Greenways and Trails throughout the state.

A major new emphasis under Florida Forever is less-than-fee acquisition. Nearly all of the transactions closed under Preservation 2000 were outright purchases of land in fee simple. Forever Florida, however, requires the acquiring agency to examine alternatives to acquisition in fee. Put another way, the question is whether the conservation objective can be attained by purchasing various interests in property. It is another important tool in the tool chest because it allows the acquiring agency to purchase the development rights or the water rights and negotiate a management plan with the land owner.

Less-than-fee acquisition is a good tool for enabling a long term owner of agricultural land to continue to own property, pay taxes and make economic use of it while protecting the land in perpetuity. During the last several years, over 200,000 acres of agricultural land has been lost each year to development. Purchase of development rights provides incentives to keep ranchers, farmers, and foresters in business and still be compensated for the increase in value to their land from development pressures.

Florida Forever has also inspired the approval of a new round of local land acquisition programs. Over 20 counties have enacted voter approved land acquisition programs to provide matching funds for the state program. In 1999 voters in Palm Beach County approved a $150 million program and Sarasota County approved a $50 million program. This year, voters in Jacksonville approved a half cent extension of the sales tax which will fund the Preservation Project, a $300 million conservation effort designed to preserve a 100-square-mile area in Duval County. Bond issues in Volusia, Alachua, and Broward will be on the General Election ballot later this year.

Voter approval of bond issues for open space acquisition has proved popular over the past year. Nationwide, 102 referenda were approved in 22 states making a total of $8.5 billion approved in the last two years. If these trends continue, states and local governments will have more tools to protect open space and environmentally sensitive lands.

H&K Conservation Solutions is a subsidiary of Holland & Knight Consulting. For more information about Holland & Knight Consulting, visit the Web site www.hkconsulting.com.