Senate Bill 0998

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    Florida Senate - 1999                                   SB 998

    By Senator Bronson





    312-966-99

  1                      A bill to be entitled

  2         An act relating to state lands; amending s.

  3         253.034, F.S.; deleting an obsolete provision

  4         relating to the sale of certain real property

  5         by the Department of Transportation; providing

  6         an effective date.

  7

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

  9

10         Section 1.  Section 253.034, Florida Statutes, 1998

11  Supplement, is amended to read:

12         253.034  State-owned lands; uses.--

13         (1)  All lands acquired pursuant to chapter 259 shall

14  be managed to serve the public interest by protecting and

15  conserving land, air, water, and the state's natural

16  resources, which contribute to the public health, welfare, and

17  economy of the state.  These lands shall be managed to provide

18  for areas of natural resource based recreation, and to ensure

19  the survival of plant and animal species and the conservation

20  of finite and renewable natural resources. The state's lands

21  and natural resources shall be managed using a stewardship

22  ethic that assures these resources will be available for the

23  benefit and enjoyment of all people of the state, both present

24  and future. It is the intent of the Legislature that, where

25  feasible and consistent with the goals of protection and

26  conservation of natural resources associated with lands held

27  in the public trust by the Board of Trustees of the Internal

28  Improvement Trust Fund, public land not designated for

29  single-use purposes pursuant to paragraph (2)(b) be managed

30  for multiple-use purposes. All multiple-use land management

31  strategies shall address public access and enjoyment, resource

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    Florida Senate - 1999                                   SB 998
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  1  conservation and protection, ecosystem maintenance and

  2  protection, and protection of threatened and endangered

  3  species, and the degree to which public-private partnerships

  4  or endowments may allow the agency with management

  5  responsibility to enhance its ability to manage these lands.

  6         (2)  As used in this section, the following phrases

  7  have the following meanings:

  8         (a)  "Multiple use" means the harmonious and

  9  coordinated management of timber, recreation, conservation of

10  fish and wildlife, forage, archaeological and historic sites,

11  habitat and other biological resources, or water resources so

12  that they are utilized in the combination that will best serve

13  the people of the state, making the most judicious use of the

14  land for some or all of these resources and giving

15  consideration to the relative values of the various resources.

16  Where necessary and appropriate for all state-owned lands that

17  are larger than 1,000 acres in project size and are managed

18  for multiple uses, buffers may be formed around any areas

19  which require special protection or have special management

20  needs.  Such buffers shall not exceed more than one-half of

21  the total acreage. Multiple uses within a buffer area may be

22  restricted to provide the necessary buffering effect desired.

23  Multiple use in this context includes both uses of land or

24  resources by more than one state agency, or by one or more

25  state agencies and private sector land managers.  In any case,

26  lands identified as multiple-use lands in the land management

27  plan shall be managed to enhance and conserve the lands and

28  resources for the enjoyment of the people of the state.

29         (b)  "Single use" means management for one particular

30  purpose to the exclusion of all other purposes, except that

31  the using agency shall have the option of including in its

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    Florida Senate - 1999                                   SB 998
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  1  management program compatible secondary purposes which will

  2  not detract from or interfere with the primary management

  3  purpose. Such single uses may include, but are not necessarily

  4  restricted to, the use of agricultural lands for production of

  5  food and livestock, the use of improved sites and grounds for

  6  institutional purposes, and the use of lands for parks,

  7  preserves, wildlife management, archaeological or historic

  8  sites, or wilderness areas where the maintenance of

  9  essentially natural conditions is important.  All submerged

10  lands shall be considered single-use lands and shall be

11  managed primarily for the maintenance of essentially natural

12  conditions, the propagation of fish and wildlife, and public

13  recreation, including hunting and fishing where deemed

14  appropriate by the managing agency.

15         (3)  In recognition that recreational trails purchased

16  with rails-to-trails funds pursuant to s. 259.101(3)(g) have

17  had historic transportation uses and that their linear

18  character may extend many miles, the Legislature intends that

19  when the necessity arises to serve public needs, after

20  balancing the need to protect trail users from collisions with

21  automobiles and a preference for the use of overpasses and

22  underpasses to the greatest extent feasible and practical,

23  transportation uses shall be allowed to cross recreational

24  trails purchased pursuant to s. 259.101(3)(g). When these

25  crossings are needed, the location and design should consider

26  and mitigate the impact on humans and environmental resources,

27  and the value of the land shall be paid based on fair market

28  value.

29         (4)  No management agreement, lease, or other

30  instrument authorizing the use of lands owned by the Board of

31  Trustees of the Internal Improvement Trust Fund shall be

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    Florida Senate - 1999                                   SB 998
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  1  executed for a period greater than is necessary to provide for

  2  the reasonable use of the land for the existing or planned

  3  life cycle or amortization of the improvements, except that an

  4  easement in perpetuity may be granted by the Board of Trustees

  5  of the Internal Improvement Trust Fund if the improvement is a

  6  transportation facility. An agency managing or leasing

  7  state-owned lands from the Board of Trustees of the Internal

  8  Improvement Trust Fund may not sublease such lands without

  9  prior review by the division and by the Land Acquisition and

10  Management Advisory Council created in s. 259.035 and approval

11  by the board. The Land Acquisition and Management Advisory

12  Council is not required to review subleases of parcels which

13  are less than 160 acres in size.

14         (5)  Each state agency managing lands owned by the

15  Board of Trustees of the Internal Improvement Trust Fund shall

16  submit to the Division of State Lands a land management plan

17  at least every 5 years in a form and manner prescribed by rule

18  by the board.  All management plans, whether for single-use or

19  multiple-use properties, shall specifically describe how the

20  managing agency plans to identify, locate, protect and

21  preserve, or otherwise use fragile nonrenewable resources,

22  such as archaeological and historic sites, as well as other

23  fragile resources, including endangered plant and animal

24  species, and provide for the conservation of soil and water

25  resources and for the control and prevention of soil erosion.

26  Land management plans submitted by an agency shall include

27  reference to appropriate statutory authority for such use or

28  uses and shall conform to the appropriate policies and

29  guidelines of the state land management plan. All land

30  management plans for parcels larger than 1,000 acres shall

31  contain an analysis of the multiple-use potential of the

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    Florida Senate - 1999                                   SB 998
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  1  parcel, which analysis shall include the potential of the

  2  parcel to generate revenues to enhance the management of the

  3  parcel.  Additionally, the land management plan shall contain

  4  an analysis of the potential use of private land managers to

  5  facilitate the restoration or management of these lands.  In

  6  those cases where a newly acquired property has a valid

  7  conservation plan, the plan shall be used to guide management

  8  of the property until a formal land management plan is

  9  completed.

10         (a)  The Division of State Lands shall make available

11  to the public a copy of each land management plan for parcels

12  which exceed 160 acres in size. The council shall review each

13  plan for compliance with the requirements of this subsection

14  and with the requirements of the rules established by the

15  board pursuant to this subsection.  The council shall also

16  consider the propriety of the recommendations of the managing

17  agency with regard to the future use of the property, the

18  protection of fragile or nonrenewable resources, the potential

19  for alternative or multiple uses not recognized by the

20  managing agency, and the possibility of disposal of the

21  property by the board. After its review, the council shall

22  submit the plan, along with its recommendations and comments,

23  to the board. The council shall specifically recommend to the

24  board whether to approve the plan as submitted, approve the

25  plan with modifications, or reject the plan.

26         (b)  The Board of Trustees of the Internal Improvement

27  Trust Fund shall consider the land management plan submitted

28  by each state agency and the recommendations of the council

29  and the Division of State Lands and shall approve the plan

30  with or without modification or reject such plan.  The use or

31  possession of any such lands which is not in accordance with

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    Florida Senate - 1999                                   SB 998
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  1  an approved land management plan is subject to termination by

  2  the board.

  3         (6)  The Board of Trustees of the Internal Improvement

  4  Trust Fund shall determine which lands, the title to which is

  5  vested in the board, are of no benefit to the public and shall

  6  dispose of such lands pursuant to law.

  7         (a)  At least every 5 years, in a form and manner

  8  prescribed by rule by the board, each state agency shall

  9  indicate to the board those lands which the agency manages

10  which are not being used for the purpose for which they were

11  originally leased. Such lands shall be reviewed by the council

12  for its recommendation as to whether such lands should be

13  disposed of by the board.

14         (b)  Lands owned by the board which are not actively

15  managed by any state agency or for which a land management

16  plan has not been completed pursuant to subsection (4) shall

17  be reviewed by the council for its recommendation as to

18  whether such lands should be disposed of by the board.

19         (c)  In reviewing lands owned by the board pursuant to

20  paragraphs (a) and (b), the council shall consider whether

21  such lands would be more appropriately owned or managed by the

22  county or other unit of local government in which the land is

23  located.  The council shall recommend to the board whether a

24  sale, lease, or other conveyance to a local government would

25  be in the best interests of the state and local government.

26  The provisions of this paragraph in no way limit the

27  provisions of ss. 253.111 and 253.115.

28         (d)  After reviewing the recommendations of the

29  council, the board shall determine whether lands identified in

30  paragraphs (a) and (b) are to be held for other public

31  purposes or whether such lands are of no benefit to the

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    Florida Senate - 1999                                   SB 998
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  1  public.  The board may require an agency to release its

  2  interest in such lands.  Lands determined to be of no benefit

  3  to the public shall be disposed of pursuant to law.  Each

  4  fiscal year, up to $500,000 of the proceeds from the disposal

  5  of such lands shall be placed in the Internal Improvement

  6  Trust Fund to be used to pay the costs of any administration,

  7  appraisal, management, conservation, protection, sales, or

  8  real estate sales services; any such proceeds in excess of

  9  $500,000 shall be placed in the Conservation and Recreation

10  Lands Trust Fund.

11         (e)  The sale of filled, formerly submerged land that

12  does not exceed 5 acres in area is not subject to review by

13  the council.

14         (7)  This section shall not be construed so as to

15  affect:

16         (a)  Other provisions of this chapter relating to oil,

17  gas, or mineral resources.

18         (b)  The exclusive use of state-owned land subject to a

19  lease by the Board of Trustees of the Internal Improvement

20  Trust Fund of state-owned land for private uses and purposes.

21         (c)  Sovereignty lands not leased for private uses and

22  purposes.

23         (8)  Land management plans required to be submitted by

24  the Department of Corrections or the Department of Education

25  shall not be subject to the council review provisions

26  described in subsection (5).  Management plans filed by these

27  agencies shall be made available to the public for a period of

28  90 days at the administrative offices of the parcel or project

29  affected by the management plan and at the Tallahassee offices

30  of each agency. Any plans not objected to during the public

31  comment period shall be deemed approved.  Any plans for which

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    Florida Senate - 1999                                   SB 998
    312-966-99




  1  an objection is filed shall be submitted to the Board of

  2  Trustees of the Internal Improvement Trust Fund for

  3  consideration. The Board of Trustees of the Internal

  4  Improvement Trust Fund shall approve the plan with or without

  5  modification, or reject the plan.  The use or possession of

  6  any such lands which is not in accordance with an approved

  7  land management plan is subject to termination by the board.

  8         (9)  Notwithstanding any provision of this section or

  9  s. 253.111 to the contrary, the Department of Transportation

10  may sell, at fair market value, the following described state

11  real property utilized by the Department of Highway Safety and

12  Motor Vehicles:

13

14         From the NW Corner of Section 28 Township 22

15         South, Range 30 East, run North 89 degrees 21

16         minutes 24 seconds East 1900 feet; thence run

17         South 0 degrees 38 minutes 36 seconds East

18         59.45 feet for a point of beginning, said point

19         being on the Southerly right-of-way line of

20         State Highway No. 50; thence South 0 degrees 38

21         minutes 36 seconds East 525.41 feet; thence

22         North 66 degrees 42 minutes 09 seconds East 390

23         feet more or less to the waters edge of Lake

24         Barton; thence run Northerly along the waters

25         edge of Lake Barton to the North line of said

26         Section 28; thence run South 89 degrees 21

27         minutes 24 seconds West along the North line of

28         said Section 28, to a 4-inch concrete monument

29         on the Southerly right-of-way line of State

30         Road No. 50, being North 89 degrees 21 minutes

31         24 seconds East 2315.27 feet from the NW Corner

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    Florida Senate - 1999                                   SB 998
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  1         of said Section 28; thence run Westerly 419.59

  2         feet along the arc of a 0 degree 44 minutes 25

  3         seconds curve concave to the Northwesterly,

  4         (having a central angle of 3 degrees 6 minutes

  5         22 seconds, the long chord bearing South 81

  6         degrees 08 minutes 37 seconds West 419.50 feet)

  7         to the point of beginning. All of the above

  8         described land being in the NE  1/4  of the NW

  9         1/4  of said Section 28, Orange County,

10         Florida.

11

12  Proceeds from the sale shall be deposited in the State

13  Transportation Trust Fund. The Board of Trustees of the

14  Internal Improvement Trust Fund shall execute and deliver a

15  deed of conveyance for the purpose of carrying into effect a

16  contract or agreement of sale. This subsection is repealed on

17  July 1, 1999.

18         Section 2.  This act shall take effect July 1, 1999.

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20            *****************************************

21                          SENATE SUMMARY

22    Repeals an obsolete provision allowing the Department of
      Transportation to sell specified land used by the
23    Department of Highway Safety and Motor Vehicles.

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