Senate Bill sb2102c2

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    By the Committees on General Government Appropriations;
    Environmental Preservation; and Senator Bennett




    601-2246-06

  1                      A bill to be entitled

  2         An act relating to land management; creating s.

  3         259.1053, F.S.; creating the Babcock Ranch

  4         Preserve Act; providing a short title;

  5         providing definitions; requiring the Division

  6         of State Lands of the Department of

  7         Environmental Protection to perform certain

  8         staff duties and functions for Babcock Ranch,

  9         Inc.; creating Babcock Ranch, Inc., a

10         not-for-profit corporation to be incorporated

11         in the state; providing that the corporation

12         shall act as an instrumentality of the state

13         for purposes of sovereign immunity under s.

14         768.28, F.S.; providing that the corporation

15         shall not be an agency under s. 20.03, F.S.;

16         providing that the corporation is subject to

17         the provisions of chs. 119 and 286, F.S.,

18         requiring public records and meetings;

19         providing for the corporation to be governed by

20         the Babcock Board of Directors; providing for

21         the appointment of board members and terms of

22         office; prohibiting any board member from

23         voting on any measure that constitutes a

24         conflict of interest; providing for the board

25         members to serve without compensation, but to

26         receive per diem and travel expenses;

27         authorizing state agencies to provide state

28         employees for purposes of implementing the

29         Babcock Ranch Preserve; providing certain

30         powers and duties of the corporation; providing

31         limitations on the powers and duties of the

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 1         corporation; providing that the corporation and

 2         its subsidiaries must provide equal employment

 3         opportunities; providing for the corporation to

 4         establish and manage an operating fund;

 5         requiring an annual financial audit of the

 6         accounts and records of the corporation;

 7         requiring annual reports by the corporation to

 8         the Board of Trustees of the Internal

 9         Improvement Trust Fund, the Legislature, the

10         Department of Agriculture and Consumer

11         Services, and the Fish and Wildlife

12         Conservation Commission; requiring that the

13         corporation prepare an annual budget;

14         specifying a goal of self-sustaining operation

15         within a certain period; providing for the

16         corporation to retain donations and other

17         moneys; requiring that the corporation adopt

18         articles of incorporation and bylaws subject to

19         the approval of the Board of Trustees of the

20         Internal Improvement Trust Fund; authorizing

21         the corporation to appoint advisory committees;

22         providing requirements for a comprehensive

23         business plan; specifying the procedures by

24         which the corporation shall assume the

25         management and operation of the Babcock Ranch

26         Preserve; prohibiting the corporation from

27         taking certain actions without the consent of

28         the Board of Trustees of the Internal

29         Improvement Trust Fund; requiring that the

30         corporation be subject to certain state laws

31         and rules governing the procurement of

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 1         commodities and services; authorizing the

 2         corporation to assess fees; providing for

 3         management of the Babcock Ranch Preserve until

 4         expiration of a current management agreement;

 5         providing for reversion of the management and

 6         operation responsibilities to certain agencies

 7         upon the dissolution of the corporation;

 8         providing that the corporation may be dissolved

 9         only by an act of the Legislature; providing

10         for reversion of funds upon the dissolution of

11         the corporation; providing an appropriation;

12         providing a contingent effective date.

13  

14         WHEREAS, the Babcock Ranch comprises the largest

15  private undeveloped single-ownership tract of land in

16  Charlotte County and contains historical evidence in the form

17  of old logging camps and other artifacts that indicate the

18  importance of this land for domesticated livestock production,

19  timber supply, and other bona fide agricultural uses, and

20         WHEREAS, the careful husbandry of the Babcock Ranch,

21  including selective timbering, limited grazing and hunting,

22  and the use of prescribed burning, has preserved a mix of

23  healthy range and timberland with significant species

24  diversity and provides a model for sustainable land

25  development and use, and

26         WHEREAS, the Babcock Ranch must be protected for

27  current and future generations by continued operation as a

28  working ranch under a unique management regime that protects

29  the land and resource values of the property and the

30  surrounding ecosystem while allowing and providing for the

31  ranch to become financially self-sustaining, and

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 1         WHEREAS, it is in the public's best interest that the

 2  management regime for the Babcock Ranch include the

 3  development of an operational program for appropriate

 4  preservation and development of the ranch's land and

 5  resources, and

 6         WHEREAS, the public's interest will be served by the

 7  creation of a not-for-profit corporation to develop and

 8  implement environmentally sensitive, cost-effective, and

 9  creative methods to manage and operate a working ranch, NOW,

10  THEREFORE,

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 259.1053, Florida Statutes, is

15  created to read:

16         259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;

17  creation; membership; organization; meetings.--

18         (1)  SHORT TITLE.--This section may be cited as the

19  "Babcock Ranch Preserve Act."

20         (2)  DEFINITIONS.--As used in this section, the term:

21         (a)  "Babcock Ranch Preserve" and "preserve" mean the

22  lands and facilities acquired in the purchase of the Babcock

23  Crescent B Ranch, as provided in s. 259.1052.

24         (b)  "Babcock Ranch, Inc.," and "corporation" mean the

25  not-for-profit corporation created under this section to

26  operate and manage the Babcock Ranch Preserve as a working

27  ranch.

28         (c)  "Board of directors" means the governing board of

29  the not-for-profit corporation created under this section.

30         (d)  "Commission" means the Fish and Wildlife

31  Conservation Commission.

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 1         (e)  "Commissioner" means the Commissioner of

 2  Agriculture.

 3         (f)  "Department" means the Department of Agriculture

 4  and Consumer Services.

 5         (g)  "Executive director" means the Executive Director

 6  of the Fish and Wildlife Conservation Commission.

 7         (h)  "Financially self-sustaining" means having

 8  management and operation expenditures not more than the

 9  revenues collected from fees and other receipts for resource

10  use and development, and from interest and invested funds.

11         (i)  "Management and operating expenditures" means

12  expenses of the corporation, including, but not limited to,

13  salaries and benefits of officers and staff, administrative

14  and operating expenses, costs of improvements to and

15  maintenance of lands and facilities of the Babcock Ranch

16  Preserve, and other similar expenses. Such expenditures shall

17  be made from revenues generated from the operation of the

18  ranch and not from funds appropriated by the Legislature

19  except as provided in this section.

20         (j)  "Member" means a person appointed to the board of

21  directors of the not-for-profit corporation created under this

22  section.

23         (k)  "Multiple use" means the management of all of the

24  renewable surface resources of the Babcock Ranch Preserve to

25  best meet the needs of the public, including the use of the

26  land for some or all of the renewable surface resources or

27  related services over areas large enough to allow for periodic

28  adjustments in use to conform to the changing needs and

29  conditions of the preserve while recognizing that a portion of

30  the land will be used for some of the renewable surface

31  resources available on that land. The goal of multiple use is

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 1  the harmonious and coordinated management of the renewable

 2  surface resources without impairing the productivity of the

 3  land and considering the relative value of the renewable

 4  surface resources, and not necessarily a combination of uses

 5  to provide the greatest monetary return or the greatest unit

 6  output.

 7         (l)  "Sustained yield of the renewable surface

 8  resources" means the achievement and maintenance of a high

 9  level of annual or regular periodic output of the various

10  renewable surface resources of the preserve without impairing

11  the productivity of the land.

12         (3)  CREATION OF BABCOCK RANCH PRESERVE.--

13         (a)  The acquisition of the Babcock Crescent B Ranch by

14  the Board of Trustees of the Internal Improvement Trust Fund

15  is a conservation acquisition under the Florida Forever

16  program created under s. 259.105, with a goal of sustaining

17  the ecological and economic integrity of the property being

18  acquired while allowing the business of the ranch to operate

19  and prosper.

20         (b)  Upon the date of acquisition of the Babcock

21  Crescent B Ranch, there is created the Babcock Ranch Preserve,

22  which shall be managed in accordance with the purposes and

23  requirements of this section.

24         (c)  The preserve is established to protect and

25  preserve the environmental, agricultural, scientific, scenic,

26  geologic, watershed, fish, wildlife, historic, cultural, and

27  recreational values of the preserve, and to provide for the

28  multiple use and sustained yield of the renewable surface

29  resources within the preserve consistent with this section.

30         (d)  Babcock Ranch, Inc., and its officers and

31  employees shall participate in the management of the Babcock

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 1  Ranch Preserve in an advisory capacity only until the

 2  management agreement referenced in paragraph (10)(a) is

 3  terminated or expires.

 4         (e)  Nothing in this section shall preclude Babcock

 5  Ranch, Inc., prior to assuming management and operation of the

 6  preserve and thereafter, from allowing the use of common

 7  varieties of mineral materials such as sand, stone, and gravel

 8  for construction and maintenance of roads and facilities

 9  within the preserve.

10         (f)  Nothing in this section shall be construed as

11  affecting the constitutional responsibilities of the

12  commission in the exercise of its regulatory and executive

13  power with respect to wild animal life and freshwater aquatic

14  life, including the regulation of hunting, fishing, and

15  trapping within the preserve.

16         (g)  Nothing in this section shall be construed to

17  interfere with or prevent the ability of Babcock Ranch, Inc.,

18  to implement agricultural practices authorized by the

19  agricultural land use designations established in the local

20  comprehensive plans of either Charlotte or Lee Counties as

21  those plans apply to the Babcock Ranch Preserve.

22         (h)  To clarify the responsibilities of the lead

23  managing agencies and the not-for-profit corporation created

24  under this section, the lead managing agencies are directed to

25  establish a range of resource protection values for the

26  Babcock Ranch Preserve, and the corporation shall establish

27  operational parameters to conduct the business of the ranch

28  within the range of values.  The corporation shall establish a

29  range of operational values for conducting the business of the

30  ranch, and the lead managing agencies providing ground support

31  to the ranch outside of each agency's jurisdictional

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 1  responsibilities shall establish management parameters within

 2  that range of values.

 3         (i)  Nothing in this section shall preclude the

 4  maintenance and use of roads and trails or the relocation of

 5  roads in existence on the effective date of this section, or

 6  the construction, maintenance, and use of new trails, or any

 7  motorized access necessary for the administration of the land

 8  contained within the preserve, including motorized access

 9  necessary for emergencies involving the health or safety of

10  persons within the preserve.

11         (j)  The Division of State Lands of the Department of

12  Environmental Protection shall perform staff duties and

13  functions for Babcock Ranch, Inc., the not-for-profit

14  corporation created under this section, until such time as the

15  corporation organizes to elect officers, file articles of

16  incorporation, and exercise its powers and duties.

17         (4)  CREATION OF BABCOCK RANCH, INC.--

18         (a)  Subject to filing articles of incorporation, there

19  is created a not-for-profit corporation, to be known as

20  Babcock Ranch, Inc., which shall be registered, incorporated,

21  organized, and operated in compliance with the provisions of

22  chapter 617, and which shall not be a unit or entity of state

23  government. For purposes of sovereign immunity, the

24  corporation shall be a corporation primarily acting as an

25  instrumentality of the state but otherwise shall not be an

26  agency within the meaning of s. 20.03(11) or a unit or entity

27  of state government.

28         (b)  The corporation is organized on a nonstock basis

29  and shall operate in a manner consistent with its public

30  purpose and in the best interest of the state.

31  

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 1         (c)  Meetings and records of the corporation, its

 2  directors, advisory committees, or similar groups created by

 3  the corporation, including any not-for-profit subsidiaries,

 4  are subject to the public records provisions of chapter 119

 5  and the public meetings and records provisions of s. 286.011.

 6         (5)  APPLICABILITY OF SECTION.--In any conflict between

 7  a provision of this section and a provision of chapter 617,

 8  the provisions of this section shall prevail.

 9         (6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is

10  to provide management and administrative services for the

11  preserve, to establish and implement management policies that

12  will achieve the purposes and requirements of this section, to

13  cooperate with state agencies to further the purposes of the

14  preserve, and to establish the administrative and accounting

15  procedures for the operation of the corporation.

16         (7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The

17  corporation shall be governed by a nine-member board of

18  directors who shall be appointed by the Board of Trustees of

19  the Internal Improvement Trust Fund; the executive director of

20  the commission; the Commissioner of Agriculture; the Babcock

21  Florida Company, a corporation registered to do business in

22  the state, or its successors or assigns; the Charlotte County

23  Board of County Commissioners, and the Lee County Board of

24  County Commissioners in the following manner:

25         (a)1.  The Board of Trustees of the Internal

26  Improvement Trust Fund shall appoint four members. No

27  appointee shall be an employee of any governmental entity. One

28  appointee shall have expertise in domesticated livestock

29  management, production, and marketing, including range

30  management and livestock business management. One appointee

31  shall have expertise in the management of game and nongame

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 1  wildlife and fish populations, including hunting, fishing, and

 2  other recreational activities. One appointee shall have

 3  expertise in the sustainable management of forest lands for

 4  commodity purposes. One appointee shall have expertise in

 5  financial management, budget and program analysis, and small

 6  business operations.

 7         2.  The executive director shall appoint one member

 8  with expertise in hunting; fishing; nongame species

 9  management; or wildlife habitat management, restoration, and

10  conservation.

11         3.  The commissioner shall appoint one member with

12  expertise in agricultural operations or foresty management.

13         4.  The Babcock Florida Company, or its successors or

14  assigns, shall appoint one member with expertise in the

15  activities and management of the Babcock Ranch on the date of

16  acquisition of the ranch by the state as provided under s.

17  259.1052. This appointee shall serve on the board of directors

18  only until the termination of or expiration of the management

19  agreement attached as Exhibit "E" to that certain Agreement

20  for Sale and Purchase approved by the Board of Trustees of the

21  Internal Improvement Trust Fund on November 22, 2005, and by

22  Lee County, a political subdivision of the state, on November

23  20, 2005. Upon termination of or expiration of the management

24  agreement, the person serving as the head of the property

25  owners' association, if any, required to be created under the

26  agreement for sale and purchase shall serve as a member of the

27  board of directors of Babcock Ranch, Inc.

28         5.  The Charlotte County Board of County Commissioners

29  shall appoint one member who shall be a resident of the county

30  and who shall be active in an organization concerned with the

31  activities of the ranch.

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 1         6.  The Lee County Board of County Commissioners shall

 2  appoint one member who shall be a resident of the county and

 3  who shall have experience in land conservation and management.

 4  This appointee, or a successor appointee, shall serve as a

 5  member of the board of directors so long as the county

 6  participates in the state land management plan.

 7         (c)  All members of the board of directors shall be

 8  appointed no later 90 days following the initial acquisition

 9  of the Babcock Ranch by the state, and:

10         1.  Four members initially appointed by the Board of

11  Trustees of the Internal Improvement Trust Fund shall each

12  serve a 4-year term.

13         2.  The remaining initial five appointees shall each

14  serve a 2-year term.

15         3.  Each member appointed thereafter shall serve a

16  4-year term.

17         4.  A vacancy shall be filled in the same manner in

18  which the original appointment was made, and a member

19  appointed to fill a vacancy shall serve for the remainder of

20  that term.

21         5.  No member may serve more than 8 years in

22  consecutive terms.

23         (d)  With the exception of the Babcock Florida Company

24  appointee, no member may be an officer, director, or

25  shareholder in any entity that contracts with or receives

26  funds from the corporation or its subsidiaries.

27         (e)  No member shall vote in an official capacity upon

28  any measure that would inure to his or her special private

29  gain or loss, that he or she knows would inure to the special

30  private gain or loss of any principal by whom he or she is

31  retained or to the parent organization or subsidiary of a

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 1  principal by which he or she is retained, or that he or she

 2  knows would inure to the special private gain or loss of a

 3  relative or business associate of the member. Such member

 4  shall, prior to the vote being taken, publicly state the

 5  nature of his or her interest in the matter from which he or

 6  she is abstaining from voting and, no later than 15 days

 7  following the date the vote occurs, shall disclose the nature

 8  of his or her interest as a public record in a memorandum

 9  filed with the person responsible for recording the minutes of

10  the meeting, who shall incorporate the memorandum in the

11  minutes of the meeting.

12         (f)  Each member of the board of directors is

13  accountable for the proper performance of the duties of

14  office, and each member owes a fiduciary duty to the people of

15  the state to ensure that funds provided in furtherance of this

16  section are disbursed and used as prescribed by law and

17  contract. Any official appointing a member may remove that

18  member for malfeasance, misfeasance, neglect of duty,

19  incompetence, permanent inability to perform official duties,

20  unexcused absence from three consecutive meetings of the

21  board, arrest or indictment for a crime that is a felony or

22  misdemeanor involving theft or a crime of dishonesty, or

23  pleading nolo contendere to, or being found guilty of, any

24  crime.

25         (g)  Each member of the board of directors shall serve

26  without compensation, but shall receive travel and per diem

27  expenses as provided in s. 112.061 while in the performance of

28  his or her duties.

29         (8)  ORGANIZATION; MEETINGS.--

30         (a)1.  The board of directors shall annually elect a

31  chairperson and a vice chairperson from among the board's

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 1  members.  The members may, by a vote of five of the nine board

 2  members, remove a member from the position of chairperson or

 3  vice chairperson prior to the expiration of his or her term as

 4  chairperson or vice chairperson. His or her successor shall be

 5  elected to serve for the balance of the removed chairperson's

 6  or vice chairperson's term.

 7         2.  The chairperson shall ensure that records are kept

 8  of the proceedings of the board of directors, and is the

 9  custodian of all books, documents, and papers filed with the

10  board, the minutes of meetings of the board, and the official

11  seal of the corporation.

12         (b)1.  The board of directors shall meet upon the call

13  of the chairperson at least three times per year in Charlotte

14  County or in Lee County.

15         2.  A majority of the members of the board of directors

16  constitutes a quorum.  Except as otherwise provided in this

17  section, the board of directors may take official action by a

18  majority of the members present at any meeting at which a

19  quorum is present.  Members may not vote by proxy.

20         (9)  POWERS AND DUTIES.--

21         (a)  The board of directors shall adopt articles of

22  incorporation and bylaws necessary to govern its activities.

23  The adopted articles of incorporation and bylaws must be

24  approved by the Board of Trustees of the Internal Improvement

25  Trust Fund prior to filing with the Department of State.

26         (b)  The board of directors shall review and approve

27  any management plan developed pursuant to ss. 253.034 and

28  259.032 for the management of lands in the preserve prior to

29  the submission of that plan to the Board of Trustees of the

30  Internal Improvement Trust Fund for approval and

31  implementation.

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 1         (c)1.  Except for the constitutional powers of the

 2  commission as provided in s. 9, Art. IV of the State

 3  Constitution, the board of directors shall have all necessary

 4  and proper powers for the exercise of the authority vested in

 5  the corporation, including, but not limited to, the power to

 6  solicit and accept donations of funds, property, supplies, or

 7  services from individuals, foundations, corporations, and

 8  other public or private entities for the purposes of this

 9  section. All funds received by the corporation shall be

10  deposited into the operating fund authorized under this

11  section unless otherwise directed by the Legislature.

12         2.  The board of directors may not increase the number

13  of its members.

14         3.  Except as necessary to manage and operate the

15  preserve as a working ranch, the corporation may not purchase,

16  take, receive, lease, take by gift, devise, or bequest, or

17  otherwise acquire, own, hold, improve, use, or otherwise deal

18  in and with real property, or any interest therein, wherever

19  situated.

20         4.  The corporation may not sell, convey, mortgage,

21  pledge, lease, exchange, transfer, or otherwise dispose of any

22  real property.

23         5.  The corporation may not purchase, take, receive,

24  subscribe for, or otherwise acquire, own, hold, vote, use,

25  employ, sell, mortgage, lend, pledge, or otherwise dispose of

26  or otherwise use and deal in and with, shares and other

27  interests in, or obligations of, other domestic or foreign

28  corporations, whether for profit or not for profit,

29  associations, partnerships, or individuals, or direct or

30  indirect obligations of the United States, or any other

31  

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 1  government, state, territory, government district,

 2  municipality, or any instrumentality thereof.

 3         6.  The corporation may not lend money for its

 4  corporate purposes, invest and reinvest its funds, or take and

 5  hold real and personal property as security for the payment of

 6  funds lent or invested.

 7         7.  The corporation may not merge with other

 8  corporations or other business entities.

 9         8.  The corporation may not enter into any contract,

10  lease, or other agreement related to the use of ground or

11  surface waters located in, on, or through the preserve without

12  the consent of the Board of Trustees of the Internal

13  Improvement Trust Fund and permits that may be required by the

14  Department of Environmental Protection or the appropriate

15  water management district under chapters 373 and 403.

16         9.  The corporation may not grant any easements in, on,

17  or across the preserve.  Any easements to be granted for the

18  use of, access to, or ingress and egress across state property

19  within the preserve must be executed by the Board of Trustees

20  of the Internal Improvement Trust Fund as the owners of the

21  state property within the preserve.  Any easements to be

22  granted for the use of, access to, or ingress and egress

23  across property within the preserve titled in the name of a

24  local government must be granted by the governing body of that

25  local government.

26         10.  The corporation may not enter into any contract,

27  lease, or other agreement related to the use and occupancy of

28  the property within the preserve for a period greater than 10

29  years.

30         (c)  The members may, with the written approval of the

31  commission and in consultation with the department, designate

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 1  hunting, fishing, and trapping zones and may establish

 2  additional periods when no hunting, fishing, or trapping shall

 3  be permitted for reasons of public safety, administration, and

 4  the protection and enhancement of nongame habitat and nongame

 5  species, as defined under s. 372.001.

 6         (d)  The corporation shall have the sole and exclusive

 7  right to use the words "Babcock Ranch, Inc.," and any seal,

 8  emblem, or other insignia adopted by the members. Without the

 9  express written authority of the corporation, no person may

10  use the words "Babcock Ranch, Inc.," as the name under which

11  that person conducts or purports to conduct business, for the

12  purpose of trade or advertisement, or in any manner that may

13  suggest any connection with the corporation.

14         (e)  The corporation may from time to time appoint

15  advisory committees to further any part of this section. The

16  advisory committees shall be reflective of the expertise

17  necessary for the particular function for which the committee

18  is created, and may include public agencies, private entities,

19  and not-for-profit conservation and agricultural

20  representatives.

21         (f)  State laws governing the procurement of

22  commodities and services by state agencies, as provided in s.

23  287.057, shall apply to the corporation.

24         (g)  The corporation and its subsidiaries must provide

25  equal employment opportunities for all persons regardless of

26  race, color, religion, gender, national origin, age, handicap,

27  or marital status.

28         (10)  OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING

29  REQUIREMENTS.--

30         (a)  The board of directors may establish and manage an

31  operating fund to address the corporation's unique cash-flow

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 1  needs and to facilitate the management and operation of the

 2  preserve as a working ranch.

 3         (b)  The board of directors shall provide for an annual

 4  financial audit of the corporate accounts and records to be

 5  conducted by an independent certified public accountant in

 6  accordance with rules adopted by the Auditor General under s.

 7  11.45(8). The audit report shall be submitted no later than 3

 8  months following the end of the fiscal year to the Auditor

 9  General, the President of the Senate, the Speaker of the House

10  of Representatives, and the appropriate substantive and fiscal

11  committees of the Legislature. The Auditor General, the Office

12  of Program Policy Analysis and Government Accountability, and

13  the substantive or fiscal committees of the Legislature to

14  which legislation affecting the Babcock Ranch Preserve may be

15  referred shall have the authority to require and receive from

16  the corporation or from the independent auditor any records

17  relative to the operation of the corporation.

18         (c)  Not later than January 15 of each year, Babcock

19  Ranch, Inc., shall submit to the Board of Trustees of the

20  Internal Improvement Trust Fund, the President of the Senate,

21  the Speaker of the House of Representatives, the department,

22  and the commission a comprehensive and detailed report of its

23  operations, activities, and accomplishments for the prior

24  year, including information on the status of the ecological,

25  cultural, and financial resources being managed by the

26  corporation, and benefits provided by the preserve to local

27  communities. The report shall also include a section

28  describing the corporation's goals for the current year.

29         (d)  The board of directors shall prepare an annual

30  budget with the goal of achieving a financially

31  self-sustaining operation within 15 full fiscal years after

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 1  the initial acquisition of the Babcock Ranch by the state. The

 2  department shall provide necessary assistance, including

 3  details as necessary, to the corporation for the timely

 4  formulation and submission of an annual legislative budget

 5  request for appropriations, if any, to support the

 6  administration, operation, and maintenance of the preserve. A

 7  request for appropriations shall be submitted to the

 8  department and shall be included in the department's annual

 9  legislative budget request. Requests for appropriations shall

10  be submitted to the department in time to allow the department

11  to meet the requirements of s. 216.023. The department may not

12  deny a request or refuse to include in its annual legislative

13  budget submission a request from the corporation for an

14  appropriation.

15         (e)  Notwithstanding any other provision of law, all

16  moneys received from donations or from management of the

17  preserve shall be retained by the corporation in the operating

18  fund and shall be available, without further appropriation,

19  for the administration, preservation, restoration, operation

20  and maintenance, improvements, repairs, and related expenses

21  incurred with respect to properties being managed by the

22  corporation. Except as provided in this section, moneys

23  received by the corporation for the management of the preserve

24  shall not be subject to distribution by the state. Upon

25  assuming management responsibilities for the preserve, the

26  corporation shall optimize the generation of income based on

27  existing marketing conditions to the extent that activities do

28  not unreasonably diminish the long-term environmental,

29  agricultural, scenic, and natural values of the preserve, or

30  the multiple-use and sustained-yield capability of the land.

31  

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 1         (f)  All parties in contract with the corporation and

 2  all holders of leases from the corporation which are

 3  authorized to occupy, use, or develop properties under the

 4  management jurisdiction of the corporation must procure proper

 5  insurance as is reasonable or customary to insure against any

 6  loss in connection with the properties or with activities

 7  authorized in the leases or contracts.

 8         (11)  COMPREHENSIVE BUSINESS PLAN.--

 9         (a)  A comprehensive business plan for the management

10  and operation of the preserve as a working ranch and

11  amendments to the business plan may be developed only with

12  input from the department and the commission, and may be

13  implemented by Babcock Ranch, Inc., only upon expiration of

14  the management agreement attached as Exhibit "E" to that

15  certain agreement for sale and purchase approved by the Board

16  of Trustees of the Internal Improvement Trust Fund on November

17  22, 2005, and by Lee County on November 20, 2005.

18         (b)  Any final decision of Babcock Ranch, Inc., to

19  adopt or amend the comprehensive business plan or to approve

20  any activity related to the management of the renewable

21  surface resources of the preserve shall be made in sessions

22  that are open to the public. The board of directors shall

23  establish procedures for providing adequate public information

24  and opportunities for public comment on the proposed

25  comprehensive business plan for the preserve or for amendments

26  to the comprehensive business plan adopted by the members.

27         (c)  Not less than 2 years prior to the corporation's

28  assuming management and operation responsibilities for the

29  preserve, the corporation, with input from the commission and

30  the department, must begin developing the comprehensive

31  business plan to carry out the purposes of this section. To

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 1  the extent consistent with these purposes, the comprehensive

 2  business plan shall provide for:

 3         1.  The management and operation of the preserve as a

 4  working ranch;

 5         2.  The protection and preservation of the

 6  environmental, agricultural, scientific, scenic, geologic,

 7  watershed, fish, wildlife, historic, cultural, and

 8  recreational values of the preserve;

 9         3.  The promotion of high-quality hunting experiences

10  for the public, with emphasis on deer, turkey, and other game

11  species;

12         4.  Multiple use and sustained yield of renewable

13  surface resources within the preserve;

14         5.  Public use of and access to the preserve for

15  recreation; and

16         6.  The use of renewable resources and management

17  alternatives that, to the extent practicable, benefit local

18  communities and small businesses and enhance the coordination

19  of management objectives with those on surrounding public or

20  private lands. The use of renewable resources and management

21  alternatives should provide cost savings to the corporation

22  through the exchange of services, including, but not limited

23  to, labor and maintenance of facilities, for resources or

24  services provided to the corporation.

25         (d)  On or before the date on which title to the

26  portion of the Babcock Crescent B Ranch being purchased by the

27  state as provided in s. 259.1052 is vested in the Board of

28  Trustees of the Internal Improvement Trust Fund, Babcock Ranch

29  Management, LLC, a limited liability company incorporated in

30  this state, shall provide the commission and the department

31  with the proprietary management plan and business plan in

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 1  place for the operation of the ranch as of November 22, 2005,

 2  the date on which the board of trustees approved the purchase.

 3         (12)  MANAGEMENT OF PRESERVE; FEES.--

 4         (a)  The corporation shall assume all authority

 5  provided by this section to manage and operate the preserve as

 6  a working ranch upon a determination by the Board of Trustees

 7  of the Internal Improvement Trust Fund that the corporation is

 8  able to conduct business, and that provision has been made for

 9  essential services on the preserve, which, to the maximum

10  extent practicable, shall be made no later than 60 days prior

11  to the termination of the management agreement referenced in

12  paragraph (11)(a).

13         (b)  Upon assuming management and operation of the

14  preserve, the corporation shall:

15         1.  With input from the commission and the department,

16  manage and operate the preserve and the uses thereof,

17  including, but not limited to, the activities necessary to

18  administer and operate the preserve as a working ranch; the

19  activities necessary for the preservation and development of

20  the land and renewable surface resources of the preserve; the

21  activities necessary for interpretation of the history of the

22  preserve on behalf of the public; the activities necessary for

23  the management, public use, and occupancy of facilities and

24  lands within the preserve; and the maintenance,

25  rehabilitation, repair, and improvement of property within the

26  preserve;

27         2.  Develop programs and activities relating to the

28  management of the preserve as a working ranch;

29         3.  Negotiate directly with and enter into such

30  agreements, leases, contracts, and other arrangements with any

31  person, firm, association, organization, corporation, or

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 1  governmental entity, including entities of federal, state, and

 2  local governments, as are necessary and appropriate to carry

 3  out the purposes and activities authorized by this section;

 4         4.  Establish procedures for entering into lease

 5  agreements and other agreements for the use and occupancy of

 6  the facilities of the preserve.  The procedures shall ensure

 7  reasonable competition and set guidelines for determining

 8  reasonable fees, terms, and conditions for such agreements;

 9  and

10         5.  Assess reasonable fees for admission to, use of,

11  and occupancy of the preserve to offset costs of operating the

12  preserve as a working ranch. These fees are independent of

13  fees assessed by the commission for the privilege of hunting,

14  fishing, or pursuing outdoor recreational activities within

15  the preserve, and shall be deposited into the operating fund

16  established by the board of directors under the authority

17  provided under this section.

18         (13)  MISCELLANEOUS PROVISIONS.--

19         (a)  Except for the powers of the commissioner provided

20  in this section, and the powers of the commission provided in

21  s. 9, Art. IV of the State Constitution, the preserve shall be

22  managed by Babcock Ranch, Inc.

23         (b)  Officers and employees of Babcock Ranch, Inc., are

24  private employees. At the request of the board of directors,

25  the commission and the department may provide state employees

26  for the purpose of implementing this section.  Any state

27  employees provided to assist the directors in implementing

28  this section for more than 30 days shall be provided on a

29  reimbursable basis. Reimbursement to the commission and the

30  department shall be made from the corporation's operating fund

31  

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 1  provided under this section and not from any funds

 2  appropriated to the corporation by the Legislature.

 3         (14)  DISSOLUTION OF BABCOCK RANCH, INC.--

 4         (a)  The corporation may be dissolved only by an act of

 5  the Legislature.

 6         (b)  Upon dissolution of the corporation, the

 7  management responsibilities provided in this section shall

 8  revert to the commission and the department unless otherwise

 9  provided by the Legislature under the act dissolving Babcock

10  Ranch, Inc.

11         (c)  Upon dissolution of the corporation, any cash

12  balances of funds shall revert to the General Revenue fund or

13  such other state fund as may be provided under the act

14  dissolving Babcock Ranch, Inc.

15         Section 2.  For the 2006-2007 fiscal year, the sum of

16  $50,000 is appropriated in nonrecurring funds from the

17  Conservation and Recreation Lands Trust Fund in the Department

18  of Environmental Protection for the operation and management

19  of the Babcock Ranch Preserve, to be administered by Babcock

20  Ranch, Inc., as provided under s. 259.1053, Florida Statutes.

21         Section 3.  This act shall take effect on the same date

22  that SB 1226 or similar legislation takes effect, if such

23  legislation is adopted in the same legislative session, or an

24  extension thereof, and becomes law.

25  

26  

27  

28  

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31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 2102

 3                                 

 4  Directs staff from the Division of State Lands in the
    Department of Environmental Protection (DEP) to support the
 5  duties and functions of the Babcock Ranch Preserve.

 6  Appropriates $50,000 from the Conservation and Recreation
    Lands Trust Fund to DEP for the operation and management of
 7  the Babcock Ranch Preserve.

 8  Clarifies the provisions of the Babcock Ranch, Inc., for
    improving, using, or otherwise dealing in and with real
 9  property.

10  Eliminates the requirement that the corporation cannot
    accumulate a cash balance of more than 25 percent of annual
11  expenditures in the corporate operating account.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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