CODING: Words stricken are deletions; words underlined are additions.House Bill 1119e2
CS/CS/HBs 1119 & 1577,
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1
A bill to be entitled
2
An act relating to public lands; amending s.
3
253.03, F.S.; extending the submerged lands
4
lease for certain properties; amending s.
5
253.034, F.S.; specifying objectives of the
6
management of the state's lands and natural
7
resources; providing requirements for
8
multiple-use land management strategies;
9
providing references to the Land Acquisition
10
and Management Council; revising
11
land-management plan adoption processes;
12
correcting a cross reference; amending s.
13
253.68, F.S.; modifying authority of local
14
government to object to state aquaculture
15
leases; amending s. 253.7825, F.S.; correcting
16
a cross reference; amending s. 259.032, F.S.;
17
providing that a soil and water conservation
18
district shall be considered first as the
19
managing agency with respect to fee-simple
20
acquisitions or acquisitions of less-than-fee
21
interest in certain lands through the
22
Conservation and Recreation Lands (CARL) Trust
23
Fund; directing managing agencies to enter into
24
certain contracts or agreements; requiring
25
notice and public hearing on individual
26
management plans; providing for withholding of
27
CARL management funds to certain agencies;
28
providing management objectives for lands
29
acquired under ch. 259, F.S.; increasing the
30
percentage of funds deposited in the Florida
31
Preservation 2000 Trust Fund available for land
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CS/CS/HBs 1119 & 1577,
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management and capital improvements; allowing
2
agencies to keep revenues generated from
3
activities on lands they manage; revising
4
provisions relating to payments in lieu of
5
taxes; amending s. 259.035; creating the Land
6
Acquisition and Management Advisory Council;
7
providing responsibility for review of plans
8
for state-owned lands; creating s. 259.036,
9
F.S.; providing for management review teams for
10
certain lands; amending s. 259.101, F.S.;
11
adding historical or archeological sites to
12
Preservation 2000 project criteria; commencing
13
process to close out the Florida Preservation
14
2000 Program; amending s. 260.015, F.S.;
15
changing certain land acquisition procedures
16
for the Florida Greenways and Trails Program;
17
creating s. 369.255, F.S.; authorizing certain
18
counties and municipalities to create green
19
utilities and adopt fees for certain purposes;
20
amending s. 373.139, F.S.; providing that lands
21
acquired for specified purposes by water
22
management districts shall receive multiple-use
23
management, except under certain conditions;
24
directing the district governing boards to
25
consult with or enter into a memorandum of
26
agreement with specified state agencies with
27
respect to such management; amending s. 373.59,
28
F.S.; providing that a soil and water
29
conservation district shall be considered first
30
as the managing agency with respect to
31
fee-simple acquisitions or acquisitions of
2
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CS/CS/HBs 1119 & 1577,
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less-than-fee interest in certain land through
2
the Water Management Lands Trust Fund;
3
providing for use of land management
4
volunteers; creating s. 373.591, F.S.; creating
5
management review teams for water management
6
district lands; amending s. 704.06, F.S.;
7
clarifying linear facilities ability to cross
8
conservation easements; repealing s. 253.022,
9
F.S., relating to the Land Management Advisory
10
Council; amending s. 373.250, F.S.; revising a
11
date with respect to certain reports by water
12
management districts; providing an effective
13
date.
14
15
Be It Enacted by the Legislature of the State of Florida:
16
17
Section 1. Paragraph (c) is added to subsection (7) of
18
section 253.03, Florida Statutes, 1996 Supplement, to read:
19
253.03 Board of trustees to administer state lands;
20
lands enumerated.--
21
(7)
22
(c) Structures which are listed in or are eligible for
23
the National Register of Historic Places or the State
24
Inventory of Historic Places and which have a submerged land
25
lease, or have been grandfathered-in to use sovereignty
26
submerged lands until January 1, 1998, pursuant to chapter
27
18-21.00405, Florida Administrative Code, shall be allowed to
28
apply for an extension of such lease, regardless of the fact
29
that the present landholder is not an adjacent riparian
30
landowner.
31
3
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CS/CS/HBs 1119 & 1577,
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Section 2. Section 253.034, Florida Statutes, is
2
amended to read:
3
253.034 State-owned lands; uses.--
4
(1) All lands acquired pursuant to chapter 259 shall
5
be managed to serve the public interest by protecting and
6
conserving land, air, water, and the state's natural
7
resources, which contribute to the public health, welfare, and
8
economy of the state. These lands shall be managed to provide
9
for areas of natural-resource-based recreation, and to ensure
10
the survival of plant and animal species and the conservation
11
of finite and renewable natural resources. The state's lands
12
and natural resources shall be managed using a stewardship
13
ethic that assures these resources will be available for the
14
benefit and enjoyment of all people of the state, both present
15
and future. It is the intent of the Legislature that, where
16
feasible and consistent with the goals of protection and
17
conservation of natural resources associated with lands held
18
in the public trust by the Board of Trustees of the Internal
19
Improvement Trust Fund, public land not designated for
20
single-use purposes pursuant to paragraph (2)(b) be managed
21
for multiple-use purposes. All multiple-use land management
22
strategies shall address public access and enjoyment, resource
23
conservation and protection, ecosystem maintenance and
24
protection, and protection of threatened and endangered
25
species, and the degree to which public-private partnerships
26
or endowments may allow the agency with management
27
responsibility to enhance its ability to manage these lands.
28
(2)(1) As used in this section, the following phrases
29
have the following meanings:
30
(a) "Multiple use" means the harmonious and
31
coordinated management of timber, recreation, conservation of
4
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fish and wildlife, forage, archaeological and historic sites,
2
habitat and other biological resources, or water resources so
3
that they are utilized in the combination that will best serve
4
the people of the state, making the most judicious use of the
5
land for some or all of these resources and giving
6
consideration to the relative values of the various resources.
7
Where necessary and appropriate for all state-owned lands that
8
are larger than 1,000 acres in project size and are managed
9
for multiple uses, buffers may be formed around any areas
10
which require special protection or have special management
11
needs. Such buffers shall not exceed more than one-half of
12
the total acreage. Multiple uses within a buffer area may be
13
restricted to provide the necessary buffering effect desired.
14
Multiple use in this context includes both uses of land or
15
resources by more than one state agency, or by one or more
16
state agencies and private sector land managers. In any case,
17
lands identified as multiple-use lands in the land-management
18
plan shall be managed to enhance and conserve the lands and
19
resources for the enjoyment of the people of the state.
20
(b) "Single use" means management for one particular
21
purpose to the exclusion of all other purposes, except that
22
the using agency shall have the option of including in its
23
management program compatible secondary purposes which will
24
not detract from or interfere with the primary management
25
purpose. Such single uses may include, but are not necessarily
26
restricted to, the use of agricultural lands for production of
27
food and livestock, the use of improved sites and grounds for
28
institutional purposes, and the use of lands for parks,
29
preserves, wildlife management, archaeological or historic
30
sites, or wilderness areas where the maintenance of
31
essentially natural conditions is important. All submerged
5
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lands shall be considered single-use lands and shall be
2
managed primarily for the maintenance of essentially natural
3
conditions, the propagation of fish and wildlife, and public
4
recreation, including hunting and fishing where deemed
5
appropriate by the managing agency.
6
(2) All lands owned by the Board of Trustees of the
7
Internal Improvement Trust Fund shall be managed in a manner
8
that will provide the greatest combination of benefits to the
9
people of the state. All such lands not designated in the
10
land-management plan required by subsection (4) for a specific
11
single use shall receive multiple-use management.
12
(3) No management agreement, lease, or other
13
instrument authorizing the use of lands owned by the Board of
14
Trustees of the Internal Improvement Trust Fund shall be
15
executed for a period greater than is necessary to provide for
16
the reasonable use of the land for the existing or planned
17
life cycle or amortization of the improvements, except that an
18
easement in perpetuity may be granted by the Board of Trustees
19
of the Internal Improvement Trust Fund if the improvement is a
20
transportation facility. An agency managing or leasing
21
state-owned lands from the Board of Trustees of the Internal
22
Improvement Trust Fund may not sublease such lands without
23
prior review by the division and by the Land Acquisition and
24
Management Advisory Council created in s. 259.035 253.022 and
25
approval by the board. The Land Acquisition and Management
26
Advisory Council is not required to review subleases of
27
parcels which are less than 160 acres in size.
28
(4) Each state agency managing lands owned by the
29
Board of Trustees of the Internal Improvement Trust Fund shall
30
submit to the Division of State Lands a land-management plan
31
at least every 5 years in a form and manner prescribed by rule
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by the board. All management plans, whether for single-use or
2
multiple-use properties, shall specifically describe how the
3
managing agency plans to identify, locate, protect and
4
preserve, or otherwise use fragile nonrenewable resources,
5
such as archaeological and historic sites, as well as other
6
fragile resources, including endangered plant and animal
7
species, and provide for the conservation of soil and water
8
resources and for the control and prevention of soil erosion.
9
Land-management plans submitted by an agency shall include
10
reference to appropriate statutory authority for such use or
11
uses and shall conform to the appropriate policies and
12
guidelines of the state land-management plan. All land
13
management plans for parcels larger than 1,000 acres shall
14
contain an analysis of the multiple-use potential of the
15
parcel, which analysis shall include the potential of the
16
parcel to generate revenues to enhance the management of the
17
parcel. Additionally, the land management plan shall contain
18
an analysis of the potential use of private land managers to
19
facilitate the restoration or management of these lands. In
20
those cases where a newly acquired property has a valid
21
conservation plan, the plan shall be used to guide management
22
of the property until a formal land management plan is
23
completed.
24
(a) The Division of State Lands shall make available
25
to the public submit a copy of each land-management plan for
26
parcels which exceed 160 acres in size to each member of the
27
Land Management Advisory Council. The council shall, within
28
60 days after receiving a plan from the division, review each
29
plan for compliance with the requirements of this subsection
30
and with the requirements of the rules established by the
31
board pursuant to this subsection. The council shall also
7
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CS/CS/HBs 1119 & 1577,
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consider the propriety of the recommendations of the managing
2
agency with regard to the future use of the property, the
3
protection of fragile or nonrenewable resources, the potential
4
for alternative or multiple uses not recognized by the
5
managing agency, and the possibility of disposal of the
6
property by the board. After its review, the council shall
7
submit the plan, along with its recommendations and comments,
8
to the board. The council shall specifically recommend to the
9
board whether to approve the plan as submitted, approve the
10
plan with modifications, or reject the plan.
11
(b) The Board of Trustees of the Internal Improvement
12
Trust Fund shall consider the land-management plan submitted
13
by each state agency and the recommendations of the Land
14
Management Advisory council and the Division of State Lands
15
and shall approve the plan with or without modification or
16
reject such plan. The use or possession of any such lands
17
which is not in accordance with an approved land-management
18
plan is subject to termination by the board.
19
(5) The Board of Trustees of the Internal Improvement
20
Trust Fund shall determine which lands, the title to which is
21
vested in the board, are of no benefit to the public and shall
22
dispose of such lands pursuant to law.
23
(a) At least every 5 years, in a form and manner
24
prescribed by rule by the board, each state agency shall
25
indicate to the board those lands which the agency manages
26
which are not being used for the purpose for which they were
27
originally leased. Such lands shall be reviewed by the Land
28
Management Advisory council for its recommendation as to
29
whether such lands should be disposed of by the board.
30
(b) Lands owned by the board which are not actively
31
managed by any state agency or for which a land-management
8
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plan has not been completed pursuant to subsection (4) shall
2
be reviewed by the Land Management Advisory council for its
3
recommendation as to whether such lands should be disposed of
4
by the board.
5
(c) In reviewing lands owned by the board pursuant to
6
paragraphs (a) and (b), the Land Management Advisory council
7
shall consider whether such lands would be more appropriately
8
owned or managed by the county or other unit of local
9
government in which the land is located. The council shall
10
recommend to the board whether a sale, lease, or other
11
conveyance to a local government would be in the best
12
interests of the state and local government. The provisions of
13
this paragraph in no way limit the provisions of ss. 253.111
14
and 253.115.
15
(d) After reviewing the recommendations of the Land
16
Management Advisory council, the board shall determine whether
17
lands identified in paragraphs (a) and (b) are to be held for
18
other public purposes or whether such lands are of no benefit
19
to the public. The board may require an agency to release its
20
interest in such lands. Lands determined to be of no benefit
21
to the public shall be disposed of pursuant to law. Each
22
fiscal year, up to $500,000 of the proceeds from the disposal
23
of such lands shall be placed in the Internal Improvement
24
Trust Fund to be used to pay the costs of any administration,
25
appraisal, management, conservation, protection, sales, or
26
real estate sales services; any such proceeds in excess of
27
$500,000 shall be placed in the Conservation and Recreation
28
Lands Trust Fund.
29
(e) The sale of filled, formerly submerged land that
30
does not exceed 5 acres in area is not subject to review by
31
the Land Management Advisory council.
9
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(6) This section shall not be construed so as to
2
affect:
3
(a) Other provisions of this chapter relating to oil,
4
gas, or mineral resources.
5
(b) The exclusive use of state-owned land subject to a
6
lease by the Board of Trustees of the Internal Improvement
7
Trust Fund of state-owned land for private uses and purposes.
8
(c) Sovereignty lands not leased for private uses and
9
purposes.
10
(7) Land-management plans required to be submitted by
11
the Department of Corrections or the Department of Education
12
shall not be subject to the council review provisions
13
described in subsection (4). Management plans filed by these
14
agencies shall be made available to the public for a period of
15
90 days at the administrative offices of the parcel or project
16
affected by the management plan and at the Tallahassee offices
17
of each agency. Any plans not objected to during the public
18
comment period shall be deemed approved. Any plans for which
19
an objection is filed shall be submitted to the Board of
20
Trustees of the Internal Improvement Trust Fund for
21
consideration. The Board of Trustees of the Internal
22
Improvement Trust Fund shall approve the plan with or without
23
modification, or reject the plan. The use or possession of
24
any such lands which is not in accordance with an approved
25
land-management plan is subject to termination by the board.
26
Section 3. Subsection (1) of section 253.68, Florida
27
Statutes, 1996 Supplement, is amended to read:
28
253.68 Authority to lease submerged land and water
29
column.--
30
(1) To the extent that it is not contrary to the
31
public interest, and subject to limitations contained in ss.
10
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253.67-253.75, the board of trustees may lease submerged lands
2
to which it has title for the conduct of aquaculture
3
activities and grant exclusive use of the bottom and the water
4
column to the extent required by such activities. Such leases
5
may authorize use of the submerged land and water column for
6
either commercial or experimental purposes. However no lease
7
shall be granted by the board when there is filed with it a
8
resolution of objection adopted by a majority of the county
9
commission of a county within whose boundaries the proposed
10
leased area would lie, if the boundaries same were extended to
11
the extent of the interest of the state, may the proposed
12
lease area would lie. Said resolution shall be filed with the
13
board of trustees within 30 days of the date of the first
14
publication of notice as required by s. 253.70. Prior to the
15
granting of any such leases, the board shall establish and
16
publish a list of guidelines to be followed when considering
17
applications for lease. Such guidelines shall be designed to
18
protect the public's interest in submerged lands and the
19
publicly owned water column.
20
Section 4. Subsection (1) of section 253.7825, Florida
21
Statutes, is amended to read:
22
253.7825 Recreational uses.--
23
(1) The Cross Florida Greenways State Recreation and
24
Conservation Area must be managed as a multiple-use area
25
pursuant to s. 253.034(2)(1)(a), and as further provided
26
herein. The University of Florida Management Plan provides a
27
conceptual recreational plan that may ultimately be developed
28
at various locations throughout the greenways corridor. The
29
plan proposes to locate a number of the larger, more
30
comprehensive and complex recreational facilities in
31
sensitive, natural resource areas. Future site-specific
11
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studies and investigations must be conducted by the department
2
to determine compatibility with, and potential for adverse
3
impact to, existing natural resources, need for the facility,
4
the availability of other alternative locations with reduced
5
adverse impacts to existing natural resources, and the proper
6
specific sites and locations for the more comprehensive and
7
complex facilities. Furthermore, it is appropriate, with the
8
approval of the department, to allow more fishing docks, boat
9
launches, and other user-oriented facilities to be developed
10
and maintained by local governments.
11
Section 5. Subsections (7), (9), (10), (11), and (12)
12
of section 259.032, Florida Statutes, 1996 Supplement, are
13
amended to read:
14
259.032 Conservation and Recreation Lands Trust Fund;
15
purpose.--
16
(7) The board of trustees may enter into any contract
17
necessary to accomplish the purposes of this section. The lead
18
land managing agencies also are directed by the Legislature to
19
enter into contracts or interagency agreements with other
20
governmental entities, including local soil and water
21
conservation districts, or private land managers who have the
22
expertise to perform specific management activities which a
23
lead agency lacks, or which would cost more to provide
24
in-house. Such activities shall include, but not be limited
25
to, controlled burning, road and ditch maintenance, mowing,
26
and wildlife assessments.
27
(9)(a) All lands managed under this section shall be:
28
1. Managed in a manner that will provide the greatest
29
combination of benefits to the public and to the resources.
30
31
12
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2. Managed for public outdoor recreation which is
2
compatible with the conservation and protection of public
3
lands.
4
3. Managed for the purposes for which the lands were
5
acquired, consistent with paragraph (11)(a).
6
7
Management may include the following public uses: fishing,
8
hunting, camping, bicycling, hiking, nature study, swimming,
9
boating, canoeing, horseback riding, diving, birding, sailing,
10
jogging, and other related outdoor activities.
11
(b)1. Concurrent with its adoption of the annual
12
Conservation and Recreational Lands list of acquisition
13
projects pursuant to s. 259.035, the board of trustees shall
14
adopt a management prospectus for each project. The management
15
prospectus shall delineate: the management goals for the
16
property; the conditions that will affect the intensity of
17
management; an estimate of the revenue-generating potential of
18
the property, if appropriate; a timetable for implementing the
19
various stages of management and for providing access to the
20
public, if applicable; provisions for protecting existing
21
infrastructure and for ensuring the security of the project
22
upon acquisition; the anticipated costs of management and
23
projected sources of revenue, including legislative
24
appropriations, to fund management needs; recommendations as
25
to how many employees will be needed to manage the property;
26
and recommendations as to whether local governments, volunteer
27
groups, the former landowner, or other interested parties can
28
be involved in the management.
29
2. Concurrent with the approval of the acquisition
30
contract pursuant to s. 259.041(3)(c) for any interest in
31
lands, the board of trustees shall designate an agency or
13
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agencies to manage such lands and shall evaluate and amend, as
2
appropriate, the management policy statement for the project
3
as provided by s. 259.035, consistent with the purposes for
4
which the lands are acquired. For any fee-simple acquisition
5
of a parcel which is or will be leased back for agricultural
6
purposes, or any acquisition of a less-than-fee interest in
7
land that is or will be used for agricultural purposes, the
8
Board of Trustees of the Internal Improvement Trust Fund shall
9
first consider having a soil and water conservation district,
10
created pursuant to chapter 582, manage and monitor such
11
interests.
12
3. State agencies designated to manage lands acquired
13
under this chapter may contract with local governments and
14
soil and water conservation districts to assist in management
15
activities, including the responsibility of being the lead
16
land manager. Such land-management contracts may include a
17
provision for the transfer of management funding to the local
18
government or soil and water conservation district from the
19
Conservation and Recreation Lands Trust Fund in an amount
20
adequate for the local government or soil and water
21
conservation district to perform its contractual
22
land-management responsibilities and proportionate to its
23
responsibilities, and which otherwise would have been expended
24
by the state agency to manage the property.
25
4.3. Immediately following the acquisition of any
26
interest in lands under this chapter section, the Department
27
of Environmental Protection, acting on behalf of the board of
28
trustees, may issue to the lead managing entity an interim
29
assignment letter to be effective until the execution of a
30
formal lease.
31
14
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(10) State, regional, or local governmental agencies
2
or private nonstate entities designated to manage lands under
3
this section shall develop and adopt, with the approval of the
4
board of trustees, an individual management plan for each
5
project designed to conserve and protect such lands and their
6
associated natural resources. Private-sector involvement in
7
management plan development may be used to expedite the
8
planning process. Individual management plans required by s.
9
253.034(4) shall be developed with input from an advisory
10
group. Members of this advisory group shall include, at a
11
minimum, representatives of the lead land managing agency,
12
co-managing entities, local private property owners, the
13
appropriate soil and water conservation district, a local
14
conservation organization, and a local elected official. The
15
advisory group shall conduct at least one public hearing
16
within the county in which the parcel or project is located.
17
Notice of such public hearing shall be posted on the parcel or
18
project designated for management, advertised in a paper of
19
general circulation, and announced at a scheduled meeting of
20
the local governing body before the actual public hearing.
21
The management prospectus required pursuant to paragraph
22
(9)(b) shall be available to the public for a period of 30
23
days prior to the public hearing. Once a plan is adopted, the
24
managing agency or entity shall update the plan at least every
25
5 years in a form and manner prescribed by rule of the board
26
of trustees. Such plans may include transfers of leasehold
27
interests to appropriate conservation organizations designated
28
by the Land Management Advisory Council for uses consistent
29
with the purposes of the organizations and the protection,
30
preservation, and proper management of the lands and their
31
resources. Volunteer management assistance is encouraged,
15
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including, but not limited to, assistance by youths
2
participating in programs sponsored by state or local
3
agencies, by volunteers sponsored by environmental or civic
4
organizations, and by individuals participating in programs
5
for committed delinquents and adults. For each project for
6
which lands are acquired after July 1, 1995, an individual
7
management plan shall be adopted and in place no later than 1
8
year after the essential parcel or parcels identified in the
9
annual Conservation and Recreation Lands report prepared
10
pursuant to s. 259.035(2)(a) have been acquired. Beginning in
11
fiscal year 1998-1999, any state land managing agency with
12
more than one-third of its management plans overdue shall not
13
receive a release of an appropriation from the Conservation
14
and Recreation Lands Trust Fund for land management
15
activities. The agency, however, may use appropriated
16
management funds for the preparation of its overdue
17
land-management plans. That portion of the appropriation not
18
needed for management plan preparation shall be placed in
19
unbudgeted reserve in the trust fund. If at any time during
20
the fiscal year the agency comes into compliance with the
21
management plan requirement, the agency may request a release
22
of the appropriation, pursuant to the process provided in s.
23
216.177.
24
(a) Individual management plans shall conform to the
25
appropriate policies and guidelines of the state land
26
management plan and shall include, but not be limited to:
27
1. A statement of the purpose for which the lands were
28
acquired, the projected use or uses as defined in s. 253.034,
29
and the statutory authority for such use or uses.
30
2. Key management activities necessary to preserve and
31
protect natural resources and restore habitat, and for
16
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1
controlling the spread of nonnative plants and animals, and
2
for prescribed fire and other appropriate resource management
3
activities.
4
3. A specific description of how the managing agency
5
plans to identify, locate, protect, and preserve, or otherwise
6
use fragile, nonrenewable natural and cultural resources.
7
4. A priority schedule for conducting management
8
activities, based on the purposes for which the lands were
9
acquired.
10
5. A cost estimate for conducting priority management
11
activities, to include recommendations for cost-effective
12
methods of accomplishing those activities.
13
6. A cost estimate for conducting other management
14
activities which would enhance the natural resource value or
15
public recreation value for which the lands were acquired. The
16
cost estimate shall include recommendations for cost-effective
17
methods of accomplishing those activities.
18
7. A determination of the public uses that would be
19
consistent with the purposes for which the lands were
20
acquired.
21
(b) The Division of State Lands shall submit a copy of
22
each individual management plan for parcels which exceed 160
23
acres in size to each member of the Land Management Advisory
24
Council. The council shall, within 60 days after receiving a
25
plan from the division, review each plan for compliance with
26
the requirements of this subsection and with the requirements
27
of the rules established by the board pursuant to this
28
subsection. The council shall also consider the propriety of
29
the recommendations of the managing agency with regard to the
30
future use or protection of the property. After its review,
31
the council shall submit the plan, along with its
17
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1
recommendations and comments, to the board of trustees. The
2
council shall specifically recommend to the board of trustees
3
whether to approve the plan as submitted, approve the plan
4
with modifications, or reject the plan.
5
(c) The board of trustees shall consider the
6
individual management plan submitted by each state agency and
7
the recommendations of the Land Management Advisory Council
8
and the Division of State Lands and shall approve the plan
9
with or without modification or reject such plan. The use or
10
possession of any lands owned by the board of trustees which
11
is not in accordance with an approved individual management
12
plan is subject to termination by the board of trustees.
13
14
By July 1 of each year, each governmental agency, including
15
the water management districts, and each private nonstate
16
entity designated to manage lands shall report to the
17
Secretary of Environmental Protection on the progress of
18
funding, staffing, and resource management of every project
19
for which the agency or entity is responsible.
20
(11)(a) The Legislature recognizes that acquiring
21
lands pursuant to this chapter serves the public interest by
22
protecting land, air, and water resources which contribute to
23
the public health and welfare, providing areas for natural
24
resource based recreation, and ensuring the survival of unique
25
and irreplaceable plant and animal species. The Legislature
26
intends for these lands to be managed and maintained for the
27
purposes for which they were acquired and for the public to
28
have access to these lands where it is consistent with
29
acquisition purposes and would not harm the resources the
30
state is seeking to protect on the public's behalf.
31
18
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1
(b) An amount up equal to 1.5 1 percent of the
2
cumulative total of funds ever deposited into the Florida
3
Preservation 2000 Trust Fund shall be made available for the
4
purposes of management, maintenance, and capital improvements,
5
and for associated contractual services, for lands acquired
6
pursuant to this section and s. 259.101 to which title is
7
vested in the board of trustees. Each agency with management
8
responsibilities shall annually request from the Legislature
9
funds sufficient to fulfill such responsibilities. Capital
10
improvements shall include, but need not be limited to,
11
perimeter fencing, signs, firelanes, access roads and trails,
12
and minimal public accommodations, such as primitive
13
campsites, garbage receptacles, and toilets.
14
(c) In requesting funds provided for in paragraph (b)
15
for long-term management of all acquisitions pursuant to this
16
chapter and for associated contractual services, the managing
17
agencies shall recognize the following categories of land
18
management needs:
19
1. Lands which are low-need tracts, requiring basic
20
resource management and protection, such as state reserves,
21
state preserves, state forests, and wildlife management areas.
22
These lands generally are open to the public but have no more
23
than minimum facilities development.
24
2. Lands which are moderate-need tracts, requiring
25
more than basic resource management and protection, such as
26
state parks and state recreation areas. These lands generally
27
have extra restoration or protection needs, higher
28
concentrations of public use, or more highly developed
29
facilities.
30
3. Lands which are high-need tracts, with identified
31
needs requiring unique site-specific resource management and
19
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1
protection. These lands generally are sites with historic
2
significance, unique natural features, or very high intensity
3
public use, or sites that require extra funds to stabilize or
4
protect resources.
5
6
In evaluating the management funding needs of lands based on
7
the above categories, the lead land managing agencies shall
8
include in their considerations the impacts of, and needs
9
created or addressed by, multiple-use management strategies.
10
(d) All revenues generated through multiple-use
11
management shall be returned to the agency responsible for
12
such management and shall be used to pay for management
13
activities on all conservation, preservation, and recreation
14
lands under the agency's jurisdiction. In addition, such
15
revenues shall be segregated in an agency trust fund and shall
16
remain available to the agency in subsequent fiscal years to
17
support land management appropriations.
18
(e)(d)1. Up to one-fifth of the funds provided for in
19
paragraph (b) shall be reserved by the board of trustees for
20
interim management of acquisitions and for associated
21
contractual services, to ensure the conservation and
22
protection of natural resources on project sites and to allow
23
limited public recreational use of lands. Interim management
24
activities may include, but not be limited to, resource
25
assessments, control of invasive exotic species, habitat
26
restoration, fencing, law enforcement, controlled burning, and
27
public access consistent with preliminary determinations made
28
pursuant to paragraph (9)(b). The board of trustees shall
29
make these interim funds available immediately upon purchase.
30
2. For the 1995-1996 fiscal year only, funds in the
31
Conservation and Recreation Lands Trust Fund that are not
20
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1
specifically appropriated for the interim management of public
2
lands pursuant to subparagraph 1. may be appropriated for the
3
control and eradication of nuisance aquatic plants in public
4
water bodies. This subparagraph is repealed on July 1, 1996.
5
(f)(e) The department shall set long-range and annual
6
goals for the control and removal of nonnative, upland,
7
invasive plant species on public lands. Such goals shall
8
differentiate between aquatic plant species and upland plant
9
species. In setting such goals, the department may rank, in
10
order of adverse impact, species which impede or destroy the
11
functioning of natural systems. Notwithstanding paragraph (a),
12
up to one-fourth of the funds provided for in paragraph (b)
13
shall be reserved for control and removal of nonnative,
14
upland, invasive species on public lands.
15
(12)(a) Beginning in fiscal year 1994-1995, not more
16
than 3.75 percent of the Conservation and Recreation Lands
17
Trust Fund shall be made available annually to the department
18
for payment in lieu of taxes to qualifying counties, cities,
19
and local governments as defined in paragraph (b) for all
20
actual tax losses incurred as a result of board of trustees
21
acquisitions for state agencies under the Florida Preservation
22
2000 Program during any year. Reserved funds not used for
23
payments in lieu of taxes in any year shall revert to the fund
24
to be used for land acquisition in accordance with the
25
provisions of this section.
26
(b) Payment in lieu of taxes shall be available:
27
1. To counties which levy an ad valorem tax of at
28
least 9 mills or the amount of the tax loss from all completed
29
Preservation 2000 acquisitions in the county exceeds 0.01
30
percent of the county's total taxable value, and have a
31
population of 75,000 or less; and
21
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1
2. To counties with a population of less than 100,000
2
which contain all or a portion of an area of critical state
3
concern designated pursuant to chapter 380 and to local
4
governments within such counties.
5
6
For the purposes of this paragraph, "local government"
7
includes municipalities, the county school board, mosquito
8
control districts, and any other local government entity which
9
levies ad valorem taxes, with the exception of a water
10
management district.
11
(c) Payment in lieu of taxes shall be available to any
12
city which has a population of 10,000 or less and which levies
13
an ad valorem tax of at least 9 mills or the amount of the tax
14
loss from all completed Preservation 2000 acquisitions in the
15
city exceeds 0.01 percent of the city's total taxable value.
16
(d) If insufficient funds are available in any year to
17
make full payments to all qualifying counties, cities, and
18
local governments, such counties, cities, and local
19
governments shall receive a pro rata share of the moneys
20
available.
21
(e) The payment amount shall be based on the average
22
amount of actual taxes paid on the property for the 3 years
23
preceding acquisition. Applications for payment in lieu of
24
taxes shall be made no later than January 31 of the year
25
following acquisition. No payment in lieu of taxes shall be
26
made for properties which were exempt from ad valorem taxation
27
for the year immediately preceding acquisition. If property
28
which was subject to ad valorem taxation was acquired by a
29
tax-exempt entity for ultimate conveyance to the state under
30
this chapter, payment in lieu of taxes shall be made for such
31
property based upon the average amount of taxes paid on the
22
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1
property for the 3 years prior to its being removed from the
2
tax rolls. The department shall certify to the Department of
3
Revenue those properties that may be eligible under this
4
provision. Payment in lieu of taxes shall be limited to a
5
total of 10 consecutive years of annual payments, beginning
6
the year a local government becomes eligible.
7
(f) Payment in lieu of taxes pursuant to this
8
paragraph shall be made annually to qualifying counties,
9
cities, and local governments after certification by the
10
Department of Revenue that the amounts applied for are
11
reasonably appropriate, based on the amount of actual taxes
12
paid on the eligible property, and after the Department of
13
Environmental Protection has provided supporting documents to
14
the Comptroller and has requested that payment be made in
15
accordance with the requirements of this section.
16
(g) If the board of trustees conveys to a local
17
government title to any land owned by the board, any payments
18
in lieu of taxes on the land made to the local government
19
shall be discontinued as of the date of the conveyance.
20
Section 6. Subsection (1) and (2) of section 259.035,
21
Florida Statutes, 1996 Supplement, is amended to read:
22
259.035 Advisory council; powers and duties.--
23
(1) There is created a Land Acquisition and Management
24
Advisory Council to be composed of the secretary and a
25
designee of the department, the director of the Division of
26
Forestry of the Department of Agriculture and Consumer
27
Services, the executive director of the Game and Fresh Water
28
Fish Commission, the director of the Division of Historical
29
Resources of the Department of State, and the secretary of the
30
Department of Community Affairs, or their respective
31
designees. The chairmanship of the council shall rotate
23
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1
annually in the foregoing order. The council shall hold
2
periodic meetings at the request of the chair. The department
3
shall provide primary staff support to the council and shall
4
ensure that council meetings are electronically recorded. Such
5
recordings shall be preserved pursuant to chapters 119 and
6
257. The department may adopt any rule or form necessary to
7
implement this section.
8
(2)(a) The council shall, by the time of the first
9
board meeting in February of each year, establish or update a
10
list of acquisition projects selected for purchase pursuant to
11
this chapter. In scoring potential projects for inclusion on
12
the acquisition list, the council shall give greater
13
consideration to projects that can serve as corridors between
14
lands already in public ownership or under management for
15
conservation and recreational purposes. Acquisition projects
16
shall be ranked, in order of priority, individually as a
17
single group or individually within up to 10 separate groups.
18
The council shall submit to the board of trustees, together
19
with its list of acquisition projects, a Conservation and
20
Recreation Lands report. For each project on an acquisition
21
list, the council shall include in its report the stated
22
purpose for acquiring the project, an identification of the
23
essential parcel or parcels within the project without which
24
the project cannot be properly managed, an identification of
25
those projects or parcels within projects which should be
26
acquired in fee simple or in other than fee simple, an
27
explanation of the reasons why the council selected a
28
particular acquisition technique, a management policy
29
statement for the project, a management prospectus pursuant to
30
s. 259.032(9)(b), an estimate of land value based on county
31
tax assessed values, a map delineating project boundaries, a
24
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1
brief description of the important natural and cultural
2
resources to be protected, preacquisition planning and
3
budgeting, coordination with other public and nonprofit
4
public-lands acquisition programs, a preliminary statement of
5
the extent and nature of public use, an interim management
6
budget, and designation of a management agency or agencies.
7
The Department of Environmental Protection shall prepare the
8
information required by this section for each acquisition
9
project selected for purchase pursuant to this chapter. In
10
addition, the department shall prepare, by July 1 of each
11
year, an acquisition work plan for each project on the
12
acquisition list for which funds will be available for
13
acquisition during the fiscal year. The work plan need not
14
disclose any information that is required by this chapter or
15
chapter 253 to remain confidential.
16
(b) An affirmative vote of four members of the council
17
shall be required in order to place a proposed project on a
18
list. Each list shall contain at least twice the number of
19
projects in terms of estimated cost as there are anticipated
20
funds for purchase. The anticipated cost of each project
21
shall include proposed costs for development of the lands
22
necessary to meet the public purpose for which such lands are
23
to be purchased.
24
(c) All proposals for acquisition projects pursuant to
25
this chapter shall be developed and adopted by the council.
26
The council shall consider and evaluate in writing the merits
27
and demerits of each project that is proposed for acquisition
28
and shall ensure that each proposed acquisition project will
29
meet a stated public purpose for the preservation of
30
environmentally endangered lands, for the development of
31
outdoor recreation lands, or as provided in s. 259.032(3) and
25
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1
shall determine whether each acquisition project conforms with
2
the comprehensive plan developed pursuant to s. 259.04(1)(a),
3
the comprehensive outdoor recreation and conservation plan
4
developed pursuant to s. 375.021, and the state lands
5
management plan adopted pursuant to s. 253.03(7). Copies of a
6
written report describing each project proposed for
7
acquisition shall be submitted to the board of trustees. The
8
council shall consider and include in each project description
9
its assessment of a project's ecological value, vulnerability,
10
endangerment, ownership pattern, utilization, location, and
11
cost and other pertinent factors in determining whether to
12
recommend a project for state purchase.
13
(d) Additionally, the council shall provide assistance
14
to the Board of Trustees of the Internal Improvement Trust
15
Fund in reviewing the recommendations and plans for
16
state-owned lands required by s. 253.034. The council shall,
17
in reviewing the recommendations and plans for state-owned
18
lands required by s. 253.034, consider the optimization of
19
multiple-use strategies to accomplish the provisions of s.
20
253.034.
21
Section 7. Section 259.036, Florida Statutes, is
22
created to read:
23
259.036 Management review teams.--
24
(1) To determine whether conservation, preservation,
25
and recreation lands titled in the name of the Board of
26
Trustees of the Internal Improvement Trust Fund are being
27
managed for the purposes for which they were acquired and in
28
accordance with a land-management plan adopted pursuant to s.
29
259.032, the board of trustees, acting through the Department
30
of Environmental Protection, shall cause periodic management
31
reviews to be conducted, as follows:
26
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1
(a) The department shall establish a regional land
2
management review team composed of the following members:
3
1. One individual who is from the county or local
4
community in which the parcel or project is located and who is
5
selected by the county commission in the county which is most
6
impacted by the acquisition.
7
2. One individual from the Division of Recreation and
8
Parks of the department.
9
3. One individual from the Division of Forestry of the
10
Department of Agriculture and Consumer Services.
11
4. One individual from the Game and Fresh Water Fish
12
Commission.
13
5. One individual from the department's district
14
office in which the parcel is located.
15
6. A private land manager mutually agreeable to the
16
state agency representatives.
17
7. A member of the local soil and water conservation
18
district board of supervisors.
19
8. A member of a conservation organization.
20
21
The staff of the Division of State Lands shall act as the
22
review team coordinator for the purposes of establishing
23
schedules for the reviews and other staff functions. The
24
Legislature shall appropriate funds necessary to implement
25
land management review team functions.
26
(2) The land management review team shall review
27
select parcels of managed land prior to the date the managing
28
agency is required to submit its 5-year land-management plan
29
update. A copy of the review shall be provided to the
30
managing agency, the Division of State Lands, and the Land
31
Acquisition and Management Advisory Council. The managing
27
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1
agency shall consider the findings and recommendations of the
2
land management review team in finalizing the required 5-year
3
update of its management plan.
4
(3) In conducting a review, the land management review
5
team shall evaluate the extent to which the existing
6
management plan provides sufficient protection to threatened
7
or endangered species, unique or important natural or physical
8
features, geological or hydrological functions, or
9
archaeological features. The review shall also evaluate the
10
extent to which the land is being managed for the purposes for
11
which it was acquired and the degree to which actual
12
management practices, including public access, are in
13
compliance with the adopted management plan.
14
(4) In the event a land-management plan has not been
15
adopted within the timeframes specified in s. 259.032(10), the
16
department may direct a management review of the property, to
17
be conducted by the land management review team. The review
18
shall consider the extent to which the land is being managed
19
for the purposes for which it was acquired and the degree to
20
which actual management practices are in compliance with the
21
management policy statement and management prospectus for that
22
property.
23
(5) If the land management review team determines that
24
reviewed lands are not being managed for the purposes for
25
which they were acquired or in compliance with the adopted
26
land management plan, management policy statement, or
27
management prospectus, or if the managing agency fails to
28
address the review findings in the updated management plan,
29
the department shall provide the review findings to the board,
30
and the managing agency must report to the board its reasons
31
for managing the lands as it has.
28
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1
(6) No later than the second board meeting in October
2
of each year, the department shall report the annual review
3
findings of its land management review team.
4
Section 8. Subsection (4) of section 259.101, Florida
5
Statutes, 1996 Supplement, is amended to read:
6
259.101 Florida Preservation 2000 Act.--
7
(4) PROJECT CRITERIA.--
8
(a) Proceeds of bonds issued pursuant to this act and
9
distributed pursuant to paragraphs (3)(a) and (b) shall be
10
spent only on projects which meet at least one of the
11
following criteria, as determined pursuant to paragraphs (b)
12
and (c):
13
1. A significant portion of the land in the project is
14
in imminent danger of development, in imminent danger of loss
15
of its significant natural attributes, or in imminent danger
16
of subdivision which will result in multiple ownership and may
17
make acquisition of the project more costly or less likely to
18
be accomplished;
19
2. Compelling evidence exists that the land is likely
20
to be developed during the next 12 months, or appraisals made
21
during the past 5 years indicate an escalation in land value
22
at an average rate that exceeds the average rate of interest
23
likely to be paid on the bonds;
24
3. A significant portion of the land in the project
25
serves to protect or recharge groundwater and to protect other
26
valuable natural resources or provide space for natural
27
resource based recreation;
28
4. The project can be purchased at 80 percent of
29
appraised value or less; or
30
5. A significant portion of the land in the project
31
serves as habitat for endangered, threatened, or rare species
29
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1
or serves to protect natural communities which are listed by
2
the Florida Natural Areas Inventory as critically imperiled,
3
imperiled, or rare, or as excellent quality occurrences of
4
natural communities; or.
5
6. A significant portion of the land serves to
6
preserve important archeological or historical sites.
7
(b) Each year that bonds are to be issued pursuant to
8
this act, the Land Acquisition and Management Advisory Council
9
shall review that year's approved Conservation and Recreation
10
Lands priority list and shall, by the first board meeting in
11
February, present to the Board of Trustees of the Internal
12
Improvement Trust Fund for approval a listing of projects on
13
the list which meet one or more of the criteria listed in
14
paragraph (a). The board may remove projects from the list
15
developed pursuant to this paragraph, but may not add
16
projects.
17
(c) Each year that bonds are to be issued pursuant to
18
this act, each water management district governing board shall
19
review the lands on its current year's Save Our Rivers 5-year
20
plan and shall, by January 15, adopt a listing of projects
21
from the plan which meet one or more of the criteria listed in
22
paragraph (a).
23
(d) In the acquisition of coastal lands pursuant to
24
paragraph (3)(a), the following additional criteria shall also
25
be considered:
26
1. The value of acquiring coastal high-hazard parcels,
27
consistent with hazard mitigation and postdisaster
28
redevelopment policies, in order to minimize the risk to life
29
and property and to reduce the need for future disaster
30
assistance.
31
30
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1
2. The value of acquiring beachfront parcels,
2
irrespective of size, to provide public access and
3
recreational opportunities in highly developed urban areas.
4
3. The value of acquiring identified parcels the
5
development of which would adversely affect coastal resources.
6
7
When a nonprofit environmental organization which is tax
8
exempt pursuant to s. 501(c)(3) of the United States Internal
9
Revenue Code sells land to the state, such land at the time of
10
such sale shall be deemed to meet one or more of the criteria
11
listed in paragraph (a) if such land meets one or more of the
12
criteria at the time the organization purchases it. Listings
13
of projects compiled pursuant to paragraphs (b) and (c) may be
14
revised to include projects on the Conservation and Recreation
15
Lands priority list or in a water management district's 5-year
16
plan which come under the criteria in paragraph (a) after the
17
dates specified in paragraph (b) or paragraph (c). The
18
requirement of paragraph (3)(a) regarding coastal lands is met
19
as long as an average of one-fifth of the cumulative proceeds
20
allocated through fiscal year 1999-2000 pursuant to that
21
paragraph is used to purchase coastal lands.
22
(e) The Legislature finds that the Florida
23
Preservation 2000 Program has provided financial resources
24
that have enabled the acquisition of significant amounts of
25
land for public ownership in the first 7 years of the
26
program's existence. In the remaining years of the Florida
27
Preservation 2000 Program, agencies that receive funds are
28
encouraged to better coordinate their expenditures so that
29
future acquisitions, when combined with previous acquisitions,
30
will form more complete patterns of protection for natural
31
31
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1
areas and functioning ecosystems, to better accomplish the
2
intent of paragraph (2)(c).
3
(f) The Legislature intends that, in the remaining
4
years of the Florida Preservation 2000 Program, emphasis be
5
given to the acquisition of lands containing ecological
6
resources which are either not represented or underrepresented
7
on lands currently in public ownership. The Legislature also
8
intends that future acquisitions under the Florida
9
Preservation 2000 Program be limited to projects on the
10
current project lists, or any additions to the list as
11
determined and prioritized by the study, or those projects
12
that can reasonably be expected to be acquired by the end of
13
the Florida Preservation 2000 Program.
14
(g) In determining the remaining needs and priorities
15
for the Florida Preservation 2000 Program and to ensure that
16
future acquisitions preserve those resources in the greatest
17
need of protection, the Land Acquisition and Management
18
Advisory Council and each water management district governing
19
board shall commission a study to determine:
20
1. What ecological resources are inadequately
21
represented in the state's and each district's public land
22
inventory and which approved projects can best fill the needs
23
identified.
24
2. Significant natural areas and watersheds which can
25
be conserved by the use of conservation easements or other
26
less-than-fee techniques.
27
3. For projects in which an acquisition has been
28
completed, the minimal lands needed to be acquired for
29
resource protection and effective management.
30
4. Projects with significant historical or
31
archeological importance.
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5. The best method of completing the Florida
2
Preservation 2000 Program to ensure that the program achieves
3
its mission, pursuant to subsection (2).
4
5
These studies shall be completed by October 1, 1997. No
6
acquisition shall be initiated for any project on a current
7
acquisition list which has not had an initial acquisition
8
until the study is complete, unless a significant portion of
9
the land in the project is in imminent danger of development
10
and a significant portion of the land in the project serves as
11
habitat for endangered, threatened or rare plant species and
12
serves to protect natural plant communities which are listed
13
by the Florida Natural Areas Inventory as critically
14
imperiled, imperiled, or rare.
15
Section 9. Subsection (1) of section 260.015, Florida
16
Statutes, 1996 Supplement, is amended to read:
17
260.015 Acquisition of land.--
18
(1) The department is authorized to acquire by gift or
19
purchase the fee simple absolute title or any lesser interest
20
in land, including easements, for the purposes of ss.
21
260.011-260.018 pursuant to the provisions of chapter 375,
22
except that:
23
(a) The department's power of eminent domain shall be
24
limited to curing defects in title accepted by the board
25
pursuant to subsection (2).
26
(b) Lists of proposed acquisitions for the Florida
27
Greenways and Trails Program shall be prepared according to
28
procedures adopted by the department.
29
(c) Projects acquired under this chapter shall not be
30
subject to the evaluation and selection procedures of s.
31
259.035, regardless of the estimated value of such projects.
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All projects shall be acquired in accordance with the
2
acquisition procedures of chapter 259 253, except that the
3
department may use the appraisal procedure used by the
4
Department of Transportation to acquire transportation
5
rights-of-way. When a parcel is estimated to be valued at
6
$100,000 or less and the department finds that the costs of
7
obtaining an outside appraisal are not justified, an appraisal
8
prepared by the department may be used.
9
Section 10. Section 369.255, Florida Statutes, is
10
created to read:
11
369.255 Green utility ordinances for funding
12
greenspace management and exotic plant control.--
13
(1) LEGISLATIVE FINDING.--The Legislature finds that
14
the proper management of greenspace areas, including, without
15
limitation, the urban forest, greenways, private and public
16
forest preserves, wetlands, and aquatic zones, is essential to
17
the state's environment and economy and to the health and
18
safety of its residents and visitors. The Legislature also
19
finds that the limitation and control of nonindigenous plants
20
and tree replacement and maintenance are vital to achieving
21
the natural systems and recreational lands goals and policies
22
of the state pursuant to s. 187.201(10), the State
23
Comprehensive Plan. It is the intent of this section to
24
enable local governments to establish a mechanism to provide
25
dedicated funding for the aforementioned activities, when
26
deemed necessary by that county.
27
(2) In addition to any other funding mechanisms
28
legally available to counties to control invasive,
29
nonindigenous aquatic or upland plants, and manage urban
30
forest resources, a county may create one or more green
31
utilities or adopt fees sufficient to plan, restore, and
34
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1
manage urban forest resources, greenways, forest preserves,
2
wetlands, and other aquatic zones, and create a stewardship
3
grant program for private natural areas. Counties may create,
4
alone or in cooperation with other counties pursuant to the
5
Florida Interlocal Cooperation Act, s. 163.01, one or more
6
greenspace management districts to fund the planning,
7
management, operation, and administration of a greenspace
8
management program. The fees shall be calculated to generate
9
sufficient funds to plan, manage, operate, and administer a
10
greenspace management program. Private natural areas assessed
11
according to s. 193.501 would qualify for stewardship grants.
12
(3) This section shall only apply to counties with a
13
population of 500,000 or more.
14
(4) Nothing in this section shall authorize counties
15
to require any nongovernmental entity to collect the fee
16
described in subsection (2) on their behalf.
17
Section 11. Subsection (5) of section 373.139, Florida
18
Statutes, 1996 Supplement, is amended to read:
19
373.139 Acquisition of real property.--
20
(5) Lands acquired for the purposes enumerated in
21
subsection (2) shall receive multiple-use management and be
22
open to the general public unless such management and public
23
access is shown to be detrimental to the water resource or
24
water management function for which the lands were purchased.
25
The governing board of the district shall consult with the
26
Division of Recreation and Parks of the Department of
27
Environmental Protection, the Division of Forestry of the
28
Department of Agriculture and Consumer Services, the Game and
29
Fresh Water Fish Commission, the Division of Historical
30
Resources of the Department of State, and the local soil and
31
water conservation districts in their areas of expertise and
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1
management experience when developing multiple-use strategy on
2
these lands. Alternatively, the governing board of the
3
district may enter into a memorandum of agreement with one or
4
more of those agencies to achieve the multiple-use management
5
of said lands may also be used for recreational purposes, and
6
whenever practicable such lands shall be open to the general
7
public for recreational uses.
8
Section 12. Subsection (11) of section 373.59, Florida
9
Statutes, 1996 Supplement, is amended and a new subsection
10
(16) is added to read:
11
373.59 Water Management Lands Trust Fund.--
12
(11) Lands acquired for the purposes enumerated in
13
this section shall also be used for general public
14
recreational purposes. General public recreational purposes
15
shall include, but not be limited to, fishing, hunting,
16
horseback riding, swimming, camping, hiking, canoeing,
17
boating, diving, birding, sailing, jogging, and other related
18
outdoor activities to the maximum extent possible considering
19
the environmental sensitivity and suitability of those lands.
20
These public lands shall be evaluated for their resource value
21
for the purpose of establishing which parcels, in whole or in
22
part, annually or seasonally, would be conducive to general
23
public recreational purposes. Such findings shall be included
24
in management plans which are developed for such public lands.
25
These lands shall be made available to the public for these
26
purposes, unless the district governing board can demonstrate
27
that such activities would be incompatible with the purposes
28
for which these lands were acquired. For any fee simple
29
acquisition of a parcel which is or will be leased back for
30
agricultural purposes, or for any acquisition of a
31
less-than-fee interest in land that is or will be used for
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1
agricultural purposes, the district governing board shall
2
first consider having a soil and water conservation district,
3
created pursuant to chapter 582, manage and monitor such
4
interest.
5
(16) Each district is encouraged to use volunteers to
6
provide land management and other services. Volunteers shall
7
be covered by liability protection and worker's compensation
8
in the same manner as district employees, unless waived in
9
writing by such volunteers or unless such volunteers otherwise
10
provide equivalent insurance.
11
Section 13. Section 373.591, Florida Statutes, is
12
created to read:
13
373.591 Management review teams.--
14
(1) To determine whether conservation, preservation,
15
and recreation lands titled in the named of the water
16
management districts are being managed for the purposes for
17
which they were acquired and in accordance with land
18
management objectives, the water management districts shall
19
establish land management review teams to conduct periodic
20
management reviews. The land management review teams shall be
21
composed of the following members:
22
1. One individual from the county or local community
23
in which the parcel is located.
24
2. One employee of the water management district.
25
3. A private land manager mutually agreeable to the
26
governmental agency representatives.
27
4. A member of the local soil and water conservation
28
district board of supervisors.
29
5. One individual from the Game and Fresh Water Fish
30
Commission.
31
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6. One individual from the Department of Environmental
2
Protection.
3
7. One individual representing a conservation
4
organization.
5
8. One individual from the Department of Agriculture
6
and Consumer Services' Division of Forestry.
7
(2) The management review team shall use the criteria
8
provided in s. 259.036 in conducting its reviews.
9
(3) In determining which lands shall be reviewed in
10
any given year, the water management district may prioritize
11
the properties to be reviewed.
12
(4) If the land management review team finds that the
13
lands reviewed are not being managed in accordance with their
14
land management plan, the land managing agency shall provide a
15
written explanation to the management review team.
16
(5) Each water management district shall, by October 1
17
of each year, provide its governing board with a report
18
indicating which properties have been reviewed and the review
19
team's findings.
20
Section 14. A new subsection (11) is added to section
21
704.06, Florida Statutes, to read:
22
704.06 Conservation easements; creation; acquisition;
23
enforcement.--
24
(11) Nothing in this section or other provisions of
25
law shall be construed to prohibit or limit the owner of land,
26
or the owner of a conservation easement over land, to
27
voluntarily negotiate the sale or utilization of such lands or
28
easement for the construction and operation of linear
29
facilities, including electric transmission and distribution
30
facilities, telecommunications transmission and distribution
31
facilities, pipeline transmission and distribution facilities,
38
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1
public transportation corridors, and related appurtenances,
2
nor shall this section prohibit the use of eminent domain for
3
said purposes as established by law. In any legal proceeding
4
to condemn land for the purpose of construction and operation
5
of a linear facility as described above, the court shall
6
consider the public benefit provided by the conservation
7
easement and linear facilities in determining which lands may
8
be taken and the compensation paid.
9
Section 15. Section 253.022, Florida Statutes, is
10
hereby repealed.
11
Section 16. Subsection (6) of section 373.250, Florida
12
Statutes, 1996 Supplement, is amended to read:
13
373.250 Reuse of reclaimed water.--
14
(6) Each water management district shall submit to the
15
Legislature, by June 1 January 30 of each year, an annual
16
report which describes the district's progress in promoting
17
the reuse of reclaimed water. The report shall include, but
18
not be limited to:
19
(a) The number of permits issued during the year which
20
required reuse of reclaimed water and, by categories, the
21
percentages of reuse required.
22
(b) The number of permits issued during the year which
23
did not require the reuse of reclaimed water and, of those
24
permits, the number which reasonably could have required
25
reuse.
26
(c) In the second and subsequent annual reports, a
27
statistical comparison of reuse required through consumptive
28
use permitting between the current and preceding years.
29
(d) A comparison of the volume of reclaimed water
30
available in the district to the volume of reclaimed water
31
required to be reused through consumptive use permits.
39
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(e) A comparison of the volume of reuse of reclaimed
2
water required in water resource caution areas through
3
consumptive use permitting to the volume required in other
4
areas in the district through consumptive use permitting.
5
(f) An explanation of the factors the district
6
considered when determining how much, if any, reuse of
7
reclaimed water to require through consumptive use permitting.
8
(g) A description of the district's efforts to work in
9
cooperation with local government and private domestic
10
wastewater treatment facilities to increase the reuse of
11
reclaimed water. The districts, in consultation with the
12
department, shall devise a uniform format for the report
13
required by this subsection and for presenting the information
14
provided in the report.
15
Section 17. This act shall take effect upon becoming a
16
law.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
40