CODING: Words stricken are deletions; words underlined are additions.House Bill 1577
Florida House of Representatives - 1997 HB 1577
By Representative Sembler
1 A bill to be entitled
2 An act relating to state lands; amending s.
3 253.034, F.S.; specifying the objective of the
4 management of the state's lands and natural
5 resources; providing that state lands shall
6 receive multiple-use management unless there is
7 a compelling reason for single use; providing
8 requirements for multiple-use land management
9 strategies; redefining "single use"; amending
10 s. 253.7825, F.S.; correcting a reference;
11 amending s. 259.032, F.S.; providing that a
12 soil and water conservation district shall be
13 first considered as the managing agency with
14 respect to acquisition of a less-than-fee
15 interest in certain land through the
16 Conservation and Recreation Lands Trust Fund;
17 providing management objectives for lands
18 acquired under ch. 259, F.S.; providing for
19 multiple-use management and providing the
20 strategy requirements therefor; increasing the
21 percentage of funds deposited in the Florida
22 Preservation 2000 Trust Fund that are made
23 available for land management and capital
24 improvements; revising the categories of land
25 management needs; providing for buffer areas;
26 providing for a land management needs category
27 team to determine the categories of land
28 management needs that exist within each
29 acquisition; providing for recommendations to
30 the team by managing agencies; amending s.
31 373.139, F.S.; providing that lands acquired
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1 for specified purposes by water management
2 districts shall receive multiple-use management
3 except under certain conditions; directing the
4 district governing board to consult with or
5 enter into a memorandum of agreement with
6 specified state agencies with respect to such
7 management; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (1) and (2) of section 253.034,
12 Florida Statutes, are amended to read:
13 253.034 State-owned lands; uses.--
14 (1) All lands acquired pursuant to chapter 259 serve
15 the public intent by protecting and conserving land, air,
16 water, and the state's natural resources which contribute to
17 the public health, welfare, and economy of the state. These
18 lands provide for areas of natural resource-based recreation
19 and ensure the survival of unique and irreplaceable plant and
20 animal species and the conservation and enlightened use of the
21 lands' renewable natural resources. The state's lands and
22 natural resources shall be managed using a stewardship ethic
23 that assures these resources will be available for the benefit
24 and enjoyment of all people of the state, both present and
25 future. To satisfy this objective, all lands the title of
26 which is vested in the Board of Trustees of the Internal
27 Improvement Trust Fund shall receive multiple-use management
28 unless there is a compelling reason for single use. All such
29 lands not described in paragraph (2)(b) as single use shall
30 receive multiple-use management. All multiple-use land
31 management strategies shall emphasize public access and
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1 enjoyment, resource conservation and protection, ecosystem
2 maintenance and protection, and protection of threatened and
3 endangered species. The economic return from multiple-use
4 lands shall be optimized, consistent with these strategies,
5 through the management of their forestry, agricultural,
6 wildlife, and recreational resources.
7 (2)(1) As used in this section, the following phrases
8 have the following meanings:
9 (a) "Multiple use" means the harmonious and
10 coordinated management of timber, recreation, wildlife,
11 forage, archaeological and historic sites, or water resources
12 so that they are utilized in the combination that will best
13 serve the people of the state, making the most judicious use
14 of the land for some or all of these resources and giving
15 consideration to the relative values of the various resources.
16 (b) "Single use" means management for one particular
17 purpose to the exclusion of all other purposes. An area with
18 unique natural features that would be destroyed if managed
19 under a multiple-use strategy, except that the using agency
20 shall have the option of including in its management program
21 compatible secondary purposes which will not detract from or
22 interfere with the primary management purpose. Such single
23 uses may include, but are not necessarily restricted to, the
24 use of agricultural lands for production of food and
25 livestock, the use of improved sites, and grounds for
26 institutional purposes, an area designated to concentrate
27 users into a specific location resulting in intense public
28 use, and the use of lands for parks, preserves, wildlife
29 management, archaeological or historic sites, and or
30 wilderness areas where the maintenance of essentially natural
31 conditions is important. all submerged lands shall be
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1 considered single-use lands. and shall be managed primarily
2 for the maintenance of essentially natural conditions, the
3 propagation of fish and wildlife, and public recreation,
4 including hunting and fishing where deemed appropriate by the
5 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 Section 2. Subsection (1) of section 253.7825, Florida
13 Statutes, is amended to read:
14 253.7825 Recreational uses.--
15 (1) The Cross Florida Greenways State Recreation and
16 Conservation Area must be managed as a multiple-use area
17 pursuant to s. 253.034(2)(1)(a), and as further provided
18 herein. The University of Florida Management Plan provides a
19 conceptual recreational plan that may ultimately be developed
20 at various locations throughout the greenways corridor. The
21 plan proposes to locate a number of the larger, more
22 comprehensive and complex recreational facilities in
23 sensitive, natural resource areas. Future site-specific
24 studies and investigations must be conducted by the department
25 to determine compatibility with, and potential for adverse
26 impact to, existing natural resources, need for the facility,
27 the availability of other alternative locations with reduced
28 adverse impacts to existing natural resources, and the proper
29 specific sites and locations for the more comprehensive and
30 complex facilities. Furthermore, it is appropriate, with the
31 approval of the department, to allow more fishing docks, boat
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1 launches, and other user-oriented facilities to be developed
2 and maintained by local governments.
3 Section 3. Subsections (9) and (11) of section
4 259.032, Florida Statutes, 1996 Supplement, are amended to
5 read:
6 259.032 Conservation and Recreation Lands Trust Fund;
7 purpose.--
8 (9)(a) All lands managed under this section shall be:
9 1. Managed in a manner that will provide the greatest
10 combination of benefits to the public and to the resources.
11 2. Managed for public outdoor recreation which is
12 compatible with the conservation and protection of public
13 lands.
14 3. Managed for the purposes for which the lands were
15 acquired, consistent with paragraph (11)(a).
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17 Management may include the following public uses: fishing,
18 hunting, camping, bicycling, hiking, nature study, swimming,
19 boating, canoeing, horseback riding, diving, birding, sailing,
20 jogging, and other related outdoor activities.
21 (b)1. Concurrent with its adoption of the annual
22 Conservation and Recreational Lands list of acquisition
23 projects pursuant to s. 259.035, the board of trustees shall
24 adopt a management prospectus for each project. The management
25 prospectus shall delineate: the management goals for the
26 property; the conditions that will affect the intensity of
27 management; an estimate of the revenue-generating potential of
28 the property, if appropriate; a timetable for implementing the
29 various stages of management and for providing access to the
30 public, if applicable; provisions for protecting existing
31 infrastructure and for ensuring the security of the project
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1 upon acquisition; the anticipated costs of management and
2 projected sources of revenue, including legislative
3 appropriations, to fund management needs; recommendations as
4 to how many employees will be needed to manage the property;
5 and recommendations as to whether local governments, volunteer
6 groups, the former landowner, or other interested parties can
7 be involved in the management.
8 2. Concurrent with the approval of the acquisition
9 contract pursuant to s. 259.041(3)(c) for any interest in
10 lands, the board of trustees shall designate an agency or
11 agencies to manage such lands and shall evaluate and amend, as
12 appropriate, the management policy statement for the project
13 as provided by s. 259.035, consistent with the purposes for
14 which the lands are acquired. For any acquisition of a
15 less-than-fee interest in land that is or will be used for
16 agricultural purposes, the Board of Trustees of the Internal
17 Improvement Trust Fund shall first consider having a soil and
18 water conservation district created pursuant to chapter 582
19 manage and monitor such interests.
20 3. Immediately following the acquisition of any
21 interest in lands under this section, the Department of
22 Environmental Protection, acting on behalf of the board of
23 trustees, may issue to the lead managing entity an interim
24 assignment letter to be effective until the execution of a
25 formal lease.
26 (11)(a) The Legislature recognizes that acquiring
27 lands pursuant to this chapter serves the public interest by
28 protecting land, air, and water resources which contribute to
29 the public health and welfare and the economy of the state.
30 These lands provide, providing areas for natural resource
31 based recreation, and ensure ensuring the survival of unique
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1 and irreplaceable plant and animal species and the
2 conservation and enlightened use of the lands' renewable
3 resources. The Legislature intends for these lands and
4 natural resources to be managed using a stewardship ethic that
5 assures these lands and resources will be available to the
6 people of the state, both present and future. To satisfy this
7 objective all lands the title of which is vested in the Board
8 of Trustees of the Internal Improvement Trust Fund shall
9 receive multiple-use management unless there is a compelling
10 reason for single use as defined in s. 253.034(2)(b). All
11 such lands not described as single use in s. 253.034(2)(b)
12 shall receive multiple-use management. All multiple-use land
13 management strategies shall emphasize public access and
14 enjoyment, resource conservation and protection, ecosystem
15 maintenance and protection, and protection of threatened and
16 endangered species. The economic return from multiple-use
17 lands shall be optimized, consistent with these strategies,
18 through the management of forestry, agricultural, wildlife,
19 and recreational resources. and maintained for the purposes
20 for which they were acquired and for the public to have access
21 to these lands where it is consistent with acquisition
22 purposes and would not harm the resources the state is seeking
23 to protect on the public's behalf.
24 (b) An amount equal to 1.5 1 percent of the cumulative
25 total of funds ever deposited into the Florida Preservation
26 2000 Trust Fund shall be made available for the purposes of
27 management, maintenance, and capital improvements, and for
28 associated contractual services, for lands acquired pursuant
29 to this section and s. 259.101 to which title is vested in the
30 board of trustees. Each agency with management
31 responsibilities shall annually request from the Legislature
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1 funds sufficient to fulfill such responsibilities. Capital
2 improvements shall include, but need not be limited to,
3 perimeter fencing, signs, firelanes, access roads and trails,
4 and minimal public accommodations, such as primitive
5 campsites, garbage receptacles, and toilets.
6 (c) In requesting funds provided for in paragraph (b)
7 for long-term management of all acquisitions pursuant to this
8 chapter and for associated contractual services, the managing
9 agencies shall recognize the following categories of land
10 management needs:
11 1. Preserve.--An area with unique natural features
12 that would be destroyed if managed under a multiple-use
13 strategy. Lands which are low-need tracts, requiring basic
14 resource management and protection, such as state reserves,
15 state preserves, state forests, and wildlife management areas.
16 These lands generally are open to the public but have no more
17 than minimum facilities development.
18 2. High-intensity use.--An area with historic or
19 archeological significance, or an area designed to concentrate
20 users into a specific location resulting in intense public
21 use. Lands which are moderate-need tracts, requiring more than
22 basic resource management and protection, such as state parks
23 and state recreation areas. These lands generally have extra
24 restoration or protection needs, higher concentrations of
25 public use, or more highly developed facilities.
26 3. Multiple use.--All remaining lands that can be
27 managed, under a multiple-use strategy, to optimize the
28 economic return from such lands through the management of
29 their forestry, agricultural, wildlife, and recreational
30 resources consistent with management strategies that emphasis
31 public access and enjoyment, resource conservation and
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1 protection, total system maintenance and protection, and
2 protection of threatened and endangered species. Buffers may
3 be formed around any preserve or high-intensity use areas, but
4 shall not exceed one-half the size of the preserve or
5 high-intensity use area's acreage. Multiple use within the
6 buffer areas may be restricted to provide the necessary
7 buffering effect desired. Lands which are high-need tracts,
8 with identified needs requiring unique site-specific resource
9 management and protection. These lands generally are sites
10 with historic significance, unique natural features, or very
11 high intensity public use, or sites that require extra funds
12 to stabilize or protect resources.
13 (d) A land management needs category team consisting
14 of the director of the Division of Forestry of the Department
15 of Agriculture and Consumer Services, the director of the
16 Division of Recreation and Parks of the Department of
17 Environmental Protection, and the executive director of the
18 Game and Fresh Water Fish Commission, or their designated
19 representatives, representing the state; one large private
20 land manager, mutually agreeable to the state's
21 representatives; and the chair of the county commission, or
22 his or her designated representative, from the county impacted
23 the greatest by the acquisitions pursuant to this chapter
24 shall determine the categories of land management needs that
25 exist within each acquisition. The chair of the team shall
26 rotate annually among the state representatives. More than
27 one land management needs category may and generally does
28 exist within an acquisition. Each managing agency shall
29 recommend, to the land management needs category team, the
30 breakdown of land management needs categories within the
31 acquisitions for which it is the lead agency. The team shall
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1 consider these recommendations in making a final
2 determination. Land managing agencies may request a review of
3 the land management needs categories for lands for which they
4 are the lead agency, if there is a compelling reason for a
5 change in such categories, such as increased usage by the
6 public or an increased impact on, or threat to, threatened or
7 endangered species or the land's natural resources.
8 (e)(d)1. Up to one-fifth of the funds provided for in
9 paragraph (b) shall be reserved by the board of trustees for
10 interim management of acquisitions and for associated
11 contractual services, to ensure the conservation and
12 protection of natural resources on project sites and to allow
13 limited public recreational use of lands. Interim management
14 activities may include, but not be limited to, resource
15 assessments, control of invasive exotic species, habitat
16 restoration, fencing, law enforcement, controlled burning, and
17 public access consistent with preliminary determinations made
18 pursuant to paragraph (9)(b). The board of trustees shall
19 make these interim funds available immediately upon purchase.
20 2. For the 1995-1996 fiscal year only, funds in the
21 Conservation and Recreation Lands Trust Fund that are not
22 specifically appropriated for the interim management of public
23 lands pursuant to subparagraph 1. may be appropriated for the
24 control and eradication of nuisance aquatic plants in public
25 water bodies. This subparagraph is repealed on July 1, 1996.
26 (f)(e) The department shall set long-range and annual
27 goals for the control and removal of nonnative, upland,
28 invasive plant species on public lands. Such goals shall
29 differentiate between aquatic plant species and upland plant
30 species. In setting such goals, the department may rank, in
31 order of adverse impact, species which impede or destroy the
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1 functioning of natural systems. Notwithstanding paragraph (a),
2 up to one-fourth of the funds provided for in paragraph (b)
3 shall be reserved for control and removal of nonnative,
4 upland, invasive species on public lands.
5 Section 4. Subsection (5) of section 373.139, Florida
6 Statutes, 1996 Supplement, is amended to read:
7 373.139 Acquisition of real property.--
8 (5) Lands acquired for the purposes enumerated in
9 subsection (2) shall receive multiple-use management and be
10 open to the general public unless such management and public
11 access is shown to be detrimental to the water resource or
12 water management function for which the lands were purchased.
13 The governing board of the district shall consult with the
14 Division of Recreation and Parks of the Department of
15 Environmental Protection, the Division of Forestry of the
16 Department of Agriculture and Consumer Services, and the Game
17 and Fresh Water Fish Commission in their areas of expertise
18 and management experience when developing multiple-use
19 strategy on these lands. Alternatively, the governing board
20 of the district may enter into a memorandum of agreement with
21 one or more of those agencies to achieve the multiple-use
22 management of said lands. may also be used for recreational
23 purposes, and whenever practicable such lands shall be open to
24 the general public for recreational uses.
25 Section 5. This act shall take effect upon becoming a
26 law.
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2 HOUSE SUMMARY
3
Specifies the objective of the management of the state's
4 lands and natural resources. Provides that state lands
shall receive multiple-use management unless there is a
5 compelling reason for single use. Provides requirements
for multiple-use land management strategies. Redefines
6 "single use." Provides that a soil and water conservation
district shall be first considered as the managing agency
7 with respect to acquisition of a less-than-fee interest
in certain land through the Conservation and Recreation
8 Lands Trust Fund. Increases the percentage of funds
deposited in the Florida Preservation 2000 Trust Fund
9 that are made available for land management and capital
improvements. Revises the categories of land management
10 needs and provides for buffer areas. Provides for a land
management needs category team to determine the
11 categories of land management needs that exist within
each acquisition and provides for recommendations to the
12 team by managing agencies. Provides that lands acquired
for specified purposes by water management districts
13 shall receive multiple-use management except under
certain conditions. Directs the district governing board
14 to consult with or enter into a memorandum of agreement
with specified state agencies with respect to such
15 management.
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