The Florida Senate

378.036  Land acquisitions financed by Nonmandatory Land Reclamation Trust Fund moneys.--

(1)  After July 1, 1986, moneys paid into the Nonmandatory Land Reclamation Trust Fund may be used by the department:

(a)  For acquisition of those lands identified pursuant to subsection (5) for hunting, fishing, wildlife habitat restoration, or other outdoor recreational purposes, including the construction of trails, provided such land acquisition is consistent with this section; or

(b)  For acquisition and reclamation of those lands which will serve the public interest because of the exceptional need to accomplish the particular reclamation and restoration if the owner is unable or unwilling to restore or reclaim the land in accordance with the master reclamation plan.

(2)  The department may purchase an interest in land which is less than a fee interest, so long as the fee will vest in the state upon the occurrence of an event or date.

(3)  An amount not to exceed 1 percent of the uncommitted trust fund balance, exclusive of funds available pursuant to s. 378.034(7), at the beginning of the fiscal year may be used by the designated manager of lands acquired by the state pursuant to this section for management purposes and for reclamation of such lands.

(4)  Lands acquired under paragraph (1)(b) may be reclaimed by the department pursuant to this act. If the lands are not needed for a public purpose, the lands shall be sold at public sale for a price which is not less than the amounts expended for purchase and reclamation. The moneys received from the sale shall be deposited into the Nonmandatory Land Reclamation Trust Fund.

(5)  By July 1, 1986, the department, in cooperation with the Fish and Wildlife Conservation Commission, shall develop a list identifying those nonmandatory lands which have been or may be naturally reclaimed or which the state may seek to acquire through purchase or donation for hunting, fishing, wildlife habitat restoration, or other outdoor recreational purposes, including the construction of trails. The list shall separately indicate which of the nonmandatory lands are eligible lands.

(6)(a)  By January 1, 2004, or within 6 months following the date funds become available from the Legislature, whichever is later, the Florida Wildlife Federation, Audubon Florida, and Rails-to-Trails Conservancy in partnership with the Florida Phosphate Council are authorized to form a nonprofit corporation pursuant to chapter 617 for the purpose of implementing this section by creating plans and assisting in the development of recreational opportunities on lands mined for phosphate in the state. The first plans must concentrate on recreational activities in Hardee and Hamilton Counties which will assist them in rural economic development.

(b)  The board of directors of the corporation shall be composed of three members, one designated by the Florida Phosphate Council, one as the designee of the Florida Wildlife Federation, Audubon Florida, and Rails-to-Trails Conservancy, and the third chosen by the other two designees.

(c)  The business of the corporation shall be conducted by the board of directors or a chief executive officer as the board shall see fit in accordance with the provisions of its articles of incorporation and applicable law. The activities of the corporation shall be coordinated with all landowners who have voluntarily agreed to participate in the process as well as any local government where such lands are recorded.

(d)  An annual report of the activities of the corporation, including a certified audit, shall be presented to the Secretary of Environmental Protection or his or her designee by October 31 of each year following incorporation.

(e)  The corporation shall dissolve on January 1, 2009, unless dissolved previously by action of its board of directors or extended by the Legislature. Upon dissolution, any moneys remaining in the accounts of the corporation that are unobligated shall be returned to the funds from which they were appropriated in proportion to the amount contributed. All tangible assets of the corporation at dissolution which were acquired using state funding shall become the property of the Department of Environmental Protection.

History.--s. 6, ch. 84-330; s. 318, ch. 94-356; s. 198, ch. 99-245; s. 3, ch. 2000-176; s. 5, ch. 2003-423.