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House Bill 1119

Florida House of Representatives - 1997 HB 1119 By Representatives Minton, King, Smith, Boyd, Kelly, Westbrook, Feeney, Albright, Bradley, Peaden, Crady, Spratt and Bronson 1 A bill to be entitled 2 An act relating to land sales and acquisitions; 3 amending s. 253.022, F.S.; providing an 4 additional member of the Land Management 5 Advisory Council; amending s. 259.032, F.S.; 6 requiring the Board of Trustees of the Internal 7 Improvement Trust Fund to consider certain soil 8 and water conservation districts to monitor 9 certain acquired interests in land; requiring a 10 conservation agreement and an approved 11 conservation plan for purchase and management 12 of certain state lands; providing for 13 referencing approved conservation plans within 14 certain management plans; requiring a report, a 15 prospectus, and plans; increasing the amount of 16 funds earmarked in the Conservation and 17 Recreation Lands Trust Fund for land 18 management; amending s. 373.59, F.S.; requiring 19 water management district governing boards to 20 consider certain soil and water conservation 21 districts to monitor certain acquired interests 22 in land; amending s. 704.06, F.S.; prohibiting 23 conservation easements from operating to 24 prevent construction of certain linear 25 facilities; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (1) of section 253.022, Florida 30 Statutes, is amended to read: 31 253.022 Land Management Advisory Council.-- 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 (1) There is established a Land Management Advisory 2 Council to provide assistance to the Board of Trustees of the 3 Internal Improvement Trust Fund in reviewing the 4 recommendations and plans for state-owned lands required by s. 5 253.034. The council shall be composed of the Commissioner of 6 Agriculture; the Secretary of State; the executive director of 7 the Game and Fresh Water Fish Commission; the secretary of the 8 Department of Environmental Protection; the secretary of the 9 Department of Corrections; the Commissioner of Education; and 10 the secretary of the Department of Community Affairs, or their 11 respective designees. In addition, one individual chosen by 12 the secretary of the Department of Environmental Protection 13 and one individual chosen by the Commissioner of Agriculture 14 shall sit on the council. The chairmanship of the council 15 shall rotate annually in the order specified in the preceding 16 sentence. 17 Section 2. Paragraph (b) of subsection (9) and 18 subsection (11) of section 259.032, Florida Statutes, 1996 19 Supplement, are amended, and paragraph (c) is added to 20 subsection (9) of said section, to read: 21 259.032 Conservation and Recreation Lands Trust Fund; 22 purpose.-- 23 (9) 24 (b)1. Concurrent with its adoption of the annual 25 Conservation and Recreational Lands list of acquisition 26 projects pursuant to s. 259.035, the board of trustees shall 27 adopt a management prospectus for each project. The management 28 prospectus shall delineate: the management goals for the 29 property; the conditions that will affect the intensity of 30 management; an estimate of the revenue-generating potential of 31 the property, if appropriate; a timetable for implementing the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 various stages of management and for providing access to the 2 public, if applicable; provisions for protecting existing 3 infrastructure and for ensuring the security of the project 4 upon acquisition; the anticipated costs of management and 5 projected sources of revenue, including legislative 6 appropriations, to fund management needs; recommendations as 7 to how many employees will be needed to manage the property; 8 and recommendations as to whether local governments, volunteer 9 groups, the former landowner, or other interested parties can 10 be involved in the management. 11 2. Concurrent with the approval of the acquisition 12 contract pursuant to s. 259.041(3)(c) for any interest in 13 lands, the board of trustees shall designate an agency or 14 agencies to manage such lands and shall evaluate and amend, as 15 appropriate, the management policy statement for the project 16 as provided by s. 259.035, consistent with the purposes for 17 which the lands are acquired. For any acquisition of a 18 less-than-fee interest in land the use of which will be 19 agricultural, the board of trustees shall first consider 20 having a soil and water conservation district, created 21 pursuant to chapter 582, monitor such interest. 22 3. Immediately following the acquisition of any 23 interest in lands under this section, the Department of 24 Environmental Protection, acting on behalf of the board of 25 trustees, may issue to the lead managing entity an interim 26 assignment letter to be effective until the execution of a 27 formal lease. 28 (c)1. A conservation agreement shall be entered into 29 between the Bureau of Soil and Water Conservation of the 30 Department of Agriculture and Consumer Services and a local 31 soil and water conservation district board, if in existence, 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 organized pursuant to chapter 582, under which agreement such 2 agencies agree to cooperate in the preparation of conservation 3 plans. Such agreement shall be renewed and updated every 5 4 years. The appropriate public land management agency shall be 5 invited to participate in the preparation of conservation 6 plans pursuant to the conservation agreement provided for in 7 this paragraph. 8 2. Beginning with lands acquired after July 1, 1997, 9 all lands whose title is vested in the Board of Trustees of 10 the Internal Improvement Trust Fund or the water management 11 districts and managed for preservation, conservation, or 12 outdoor recreation purposes shall have an approved 13 conservation plan in place within 1 year after acquisition. 14 For lands acquired prior to July 1, 1997, the conservation 15 plan shall be completed on the same schedule as the 5-year 16 update of such lands' management plans. For purposes of this 17 section, a "current approved conservation plan" means a 18 document which describes a system of land management practices 19 to control and reduce soil erosion and sediment loss and 20 improve the quality and retention of water and a system of 21 multiple use management practices for a specific parcel of 22 property which has been prepared pursuant to the conservation 23 agreement provided for in this paragraph. 24 3. When timely made available to the appropriate 25 public land management agency, the approved conservation plan 26 for each project or parcel shall be referenced in the 27 management plan developed by public land managing agencies, 28 pursuant to subsection (10). 29 (11)(a) The Legislature recognizes that acquiring 30 lands pursuant to this chapter serves the public interest by 31 protecting land, air, and water resources which contribute to 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 the public health and welfare, providing areas for natural 2 resource based recreation, and ensuring the survival of unique 3 and irreplaceable plant and animal species. The Legislature 4 intends for these lands to be managed and maintained for the 5 purposes for which they were acquired and for the public to 6 have access to these lands where it is consistent with 7 acquisition purposes and would not harm the resources the 8 state is seeking to protect on the public's behalf. 9 (b) By January 1, 1998, all lead agencies managing 10 lands whose title is vested in the Board of Trustees of the 11 Internal Improvement Trust Fund or the water management 12 districts and managed for preservation, conservation, or 13 outdoor recreation purposes shall complete and submit a full 14 report on the long-term management cost of currently owned 15 lands, inclusive of funding sources, using consistent 16 management cost criteria, formulas, and reporting formats. 17 The specific identification of the cost of land management, 18 restoration, and any capital project needs shall be included, 19 as well as the sources of funding and revenue necessary to 20 implement and complete such projects within such report. 21 1. Prior to acquisition of a property, the lead land 22 management agency shall submit a management and restoration 23 prospectus, which shall include a conceptual management plan, 24 exotics plan, conceptual restoration plan, long-term 25 management costs, and funding sources necessary to achieve the 26 management prospectus. 27 2. No later than 1 year after the date of final 28 acquisition of an adequate portion of the project area to 29 substantially meet the management goals contained within the 30 land management prospectus, the land management agency shall 31 prepare a final land management plan and, where applicable, a 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 restoration plan, including specific schedules, funding 2 sources, and a budget consistent with the management 3 prospectus. 4 3. The lead land management agency shall annually 5 assess the cost of management of purchased lands and request 6 an appropriation from the Legislature to cover such costs. If 7 appropriated, the management agency shall allocate sufficient 8 funds to accomplish the management of such lands. To the 9 extent practical and consistent with the purposes for which 10 the property comes under public protection, notwithstanding 11 the provisions of s. 295.034(1)(b), the lead land management 12 agency shall encourage the management of purchased lands for 13 multiple purposes, including water retention, sustainable 14 forestry and agriculture, wildlife, recreation, and other 15 revenue-producing activities in order to reduce management 16 costs and supplement public funds used for land management 17 purposes. The lead land management agency shall rely on the 18 expertise and guidance of other state and local agencies in 19 carrying out the intent of this section. 20 4. The Legislature recognizes the cost to government, 21 and thus to taxpayers, of the responsibilities of public land 22 ownership and management. Multiple use of state lands, as 23 defined in s. 253.034(1)(a), shall be incorporated into the 24 land management plan. To the extent practicable and 25 consistent with the purposes for which the property comes 26 under public protection, notwithstanding the provisions of s. 27 295.034(1)(b), the plan shall provide for public access and 28 the generation of revenue from the renewable natural resources 29 and use of the land. Land management agencies shall receive 30 all revenue generated by the respective agencies from the 31 management of the renewable natural resources and the use of 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 lands the agencies manage. All funds received shall be used 2 by such agencies for the management of public lands from which 3 the funds were generated, except as required in s. 589.08(2). 4 Any remaining funds shall be used to defray management costs 5 on other lands managed by the agencies. A report of all 6 revenues received shall be provided, at the end of the fiscal 7 year, to the Board of Trustees of the Internal Improvement 8 Trust Fund, by each land managing agency. 9 (c)(b) An amount equal to 1.5 1 percent of the 10 cumulative total of funds ever deposited into the Florida 11 Preservation 2000 Trust Fund shall be made available for the 12 purposes of management, maintenance, and capital improvements, 13 and for associated contractual services, for lands acquired 14 pursuant to this section and s. 259.101 to which title is 15 vested in the board of trustees. Each agency with management 16 responsibilities shall annually request from the Legislature 17 funds sufficient to fulfill such responsibilities. Capital 18 improvements shall include, but need not be limited to, 19 perimeter fencing, signs, firelanes, access roads and trails, 20 and minimal public accommodations, such as primitive 21 campsites, garbage receptacles, and toilets. 22 (d)(c) In requesting funds provided for in paragraph 23 (c)(b) for long-term management of acquisitions and for 24 associated contractual services, the managing agencies shall 25 recognize the following categories of land management needs: 26 1. Lands which are low-need tracts, requiring basic 27 resource management and protection, such as state reserves, 28 state preserves, state forests, and wildlife management areas. 29 These lands generally are open to the public but have no more 30 than minimum facilities development. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 2. Lands which are moderate-need tracts, requiring 2 more than basic resource management and protection, such as 3 state parks and state recreation areas. These lands generally 4 have extra restoration or protection needs, higher 5 concentrations of public use, or more highly developed 6 facilities. 7 3. Lands which are high-need tracts, with identified 8 needs requiring unique site-specific resource management and 9 protection. These lands generally are sites with historic 10 significance, unique natural features, or very high intensity 11 public use, or sites that require extra funds to stabilize or 12 protect resources. 13 (e)(d)1. Up to one-fifth of the funds provided for in 14 paragraph (c)(b) shall be reserved by the board of trustees 15 for interim management of acquisitions and for associated 16 contractual services, to ensure the conservation and 17 protection of natural resources on project sites and to allow 18 limited public recreational use of lands. Interim management 19 activities may include, but not be limited to, resource 20 assessments, control of invasive exotic species, habitat 21 restoration, fencing, law enforcement, controlled burning, and 22 public access consistent with preliminary determinations made 23 pursuant to paragraph (9)(b). The board of trustees shall 24 make these interim funds available immediately upon purchase. 25 2. For the 1995-1996 fiscal year only, funds in the 26 Conservation and Recreation Lands Trust Fund that are not 27 specifically appropriated for the interim management of public 28 lands pursuant to subparagraph 1. may be appropriated for the 29 control and eradication of nuisance aquatic plants in public 30 water bodies. This subparagraph is repealed on July 1, 1996. 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 (f)(e) The department shall set long-range and annual 2 goals for the control and removal of nonnative, upland, 3 invasive plant species on public lands. Such goals shall 4 differentiate between aquatic plant species and upland plant 5 species. In setting such goals, the department may rank, in 6 order of adverse impact, species which impede or destroy the 7 functioning of natural systems. Notwithstanding paragraph (a), 8 up to one-fourth of the funds provided for in paragraph (c) 9 (b) shall be reserved for control and removal of nonnative, 10 upland, invasive species on public lands. 11 Section 3. Subsection (11) of section 373.59, Florida 12 Statutes, 1996 Supplement, is amended to read: 13 373.59 Water Management Lands Trust Fund.-- 14 (11) Lands acquired for the purposes enumerated in 15 this section shall also be used for general public 16 recreational purposes. General public recreational purposes 17 shall include, but not be limited to, fishing, hunting, 18 horseback riding, swimming, camping, hiking, canoeing, 19 boating, diving, birding, sailing, jogging, and other related 20 outdoor activities to the maximum extent possible considering 21 the environmental sensitivity and suitability of those lands. 22 These public lands shall be evaluated for their resource value 23 for the purpose of establishing which parcels, in whole or in 24 part, annually or seasonally, would be conducive to general 25 public recreational purposes. Such findings shall be included 26 in management plans which are developed for such public lands. 27 These lands shall be made available to the public for these 28 purposes, unless the district governing board can demonstrate 29 that such activities would be incompatible with the purposes 30 for which these lands were acquired. For any acquisition of a 31 less-than-fee interest in land the use of which will be 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1119 541-137A-97 1 agricultural, the district governing board shall first 2 consider having a soil and water conservation district, 3 created pursuant to chapter 582, monitor such interest. 4 Section 4. Subsection (11) is added to section 704.06, 5 Florida Statutes, to read: 6 704.06 Conservation easements; creation; acquisition; 7 enforcement.-- 8 (11) Notwithstanding any other provision of law, the 9 existence of a conservation easement shall not prohibit the 10 construction of linear facilities, including, but not limited 11 to, electric transmission and distribution facilities, 12 telecommunications transmission and distribution facilities, 13 pipeline transmission and distribution facilities, public 14 transportation corridors, and related appurtenant structures. 15 This section shall operate retroactively and shall apply to 16 any linear facility the construction of which has not been 17 completed on the effective date of this act. 18 Section 5. This act shall take effect upon becoming a 19 law. 20 21 ***************************************** 22 HOUSE SUMMARY 23 Provides for an additional member on the Land Management 24 Advisory Council. Provides that, prior to acquisition of state lands which are to be purchased and managed for 25 preservation purposes, there must be a conservation agreement between the Department of Agriculture and 26 Consumer Services and a local soil and water conservation district, and there must be an approved conservation plan 27 within 1 year after acquisition or implementation of the act on all state lands. Specifies that conservation 28 easements cannot prohibit construction of linear facilities such as electric transmission and distribution 29 facilities, telecommunications transmission and distribution facilities, pipeline transmission and 30 distribution facilities, public transportation corridors, and related appurtenant structures. See bill for details. 31 10