CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Latvala moved the following amendment to amendment

12  (592890):

13

14         Senate Amendment (with title amendment) 

15         On page 8, line 3, through page 17, line 3, delete

16  Section 5

17

18  and insert:

19         Section 5.  Subsections (1), (2), (3), (4), (5), (6),

20  (8), and (10) of section 253.034, Florida Statutes, are

21  amended to read:

22         253.034  State-owned lands; uses.--

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

24  be managed to serve the public interest by protecting and

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

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

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

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

29  the survival of plant and animal species and the conservation

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

31  and natural resources shall be managed using a stewardship

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  ethic that assures these resources will be available for the

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

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

  4  feasible and consistent with the goals of protection and

  5  conservation of natural resources associated with lands held

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

  7  Improvement Trust Fund, public land not designated for

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

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

10  strategies shall address public access and enjoyment, resource

11  conservation and protection, ecosystem maintenance and

12  protection, and protection of threatened and endangered

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

14  or endowments may allow the entity agency with management

15  responsibility to enhance its ability to manage these lands.

16  The council created in s. 259.035 shall recommend rules to the

17  board of trustees, and the board shall adopt rules necessary

18  to carry out the purposes of this section.

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

20  have the following meanings:

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

22  coordinated management of timber, recreation, conservation of

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

24  habitat and other biological resources, or water resources so

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

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

27  land for some or all of these resources and giving

28  consideration to the relative values of the various resources.

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

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

31  for multiple uses, buffers may be formed around any areas that

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  which require special protection or have special management

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

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

  4  restricted to provide the necessary buffering effect desired.

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

  6  resources by more than one management entity, which may

  7  include state agency, or by one or more state agencies and

  8  private sector land managers.  In any case, lands identified

  9  as multiple-use lands in the land management plan shall be

10  managed to enhance and conserve the lands and resources for

11  the enjoyment of the people of the state.

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

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

14  the using entity agency shall have the option of including in

15  its management program compatible secondary purposes which

16  will not detract from or interfere with the primary management

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

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

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

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

21  preserves, wildlife management, archaeological or historic

22  sites, or wilderness areas where the maintenance of

23  essentially natural conditions is important.  All submerged

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

25  managed primarily for the maintenance of essentially natural

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

27  recreation, including hunting and fishing where deemed

28  appropriate by the managing entity agency.

29         (3)  In recognition that recreational trails purchased

30  with rails-to-trails funds pursuant to s. 259.101(3)(g) or s.

31  259.105(3)(h)(g) have had historic transportation uses and

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  that their linear character may extend many miles, the

  2  Legislature intends that when the necessity arises to serve

  3  public needs, after balancing the need to protect trail users

  4  from collisions with automobiles and a preference for the use

  5  of overpasses and underpasses to the greatest extent feasible

  6  and practical, transportation uses shall be allowed to cross

  7  recreational trails purchased pursuant to s. 259.101(3)(g) or

  8  s. 259.105(3)(h)(g). When these crossings are needed, the

  9  location and design should consider and mitigate the impact on

10  humans and environmental resources, and the value of the land

11  shall be paid based on fair market value.

12         (4)  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 entity 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, for conservation lands, by

24  the Acquisition and Restoration Land Acquisition and

25  Management Advisory Council created in s. 259.035. All

26  management agreements, leases, or other instruments

27  authorizing the use of lands owned by the board shall be

28  reviewed for approval by the board or its designee or its

29  successor and approval by the board. The Land Acquisition and

30  Management Advisory council is not required to review

31  subleases of parcels which are less than 160 acres in size.

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1         (5)  Each entity state agency managing conservation

  2  lands owned by the Board of Trustees of the Internal

  3  Improvement Trust Fund shall submit to the Division of State

  4  Lands a land management plan at least every 5 years in a form

  5  and manner prescribed by rule by the board. All management

  6  plans, whether for single-use or multiple-use properties,

  7  shall specifically describe how the managing entity agency

  8  plans to identify, locate, protect and preserve, or otherwise

  9  use fragile nonrenewable resources, such as archaeological and

10  historic sites, as well as other fragile resources, including

11  endangered plant and animal species, and provide for the

12  conservation of soil and water resources and for the control

13  and prevention of soil erosion. Land management plans

14  submitted by an entity agency shall include reference to

15  appropriate statutory authority for such use or uses and shall

16  conform to the appropriate policies and guidelines of the

17  state land management plan. All land management plans for

18  parcels larger than 1,000 acres shall contain an analysis of

19  the multiple-use potential of the parcel, which analysis shall

20  include the potential of the parcel to generate revenues to

21  enhance the management of the parcel.  Additionally, the land

22  management plan shall contain an analysis of the potential use

23  of private land managers to facilitate the restoration or

24  management of these lands.  In those cases where a newly

25  acquired property has a valid conservation plan, the plan

26  shall be used to guide management of the property until a

27  formal land management plan is completed.

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

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

30  that which exceed 160 acres in size. The council or its

31  successor shall review each plan for compliance with the

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  requirements of this subsection, the requirements of chapter

  2  259, and with the requirements of the rules established by the

  3  board pursuant to this section subsection.  The council or its

  4  successor shall also consider the propriety of the

  5  recommendations of the managing entity agency with regard to

  6  the future use of the property, the protection of fragile or

  7  nonrenewable resources, the potential for alternative or

  8  multiple uses not recognized by the managing entity agency,

  9  and the possibility of disposal of the property by the board.

10  After its review, the council or its successor shall submit

11  the plan, along with its recommendations and comments, to the

12  board. The council or its successor shall specifically

13  recommend to the board whether to approve the plan as

14  submitted, approve the plan with modifications, or reject the

15  plan.

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

17  Trust Fund shall consider the land management plan submitted

18  by each entity state agency and the recommendations of the

19  council or its successor and the Division of State Lands and

20  shall approve the plan with or without modification or reject

21  such plan.  The use or possession of any such lands that which

22  is not in accordance with an approved land management plan is

23  subject to termination by the board.

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

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

26  vested in the board, may be surplused. Notwithstanding s.

27  253.111, for conservation those lands designated as acquired

28  for conservation purposes, the board shall make a

29  determination that the lands are no longer needed for

30  conservation purposes and may dispose of them by a two-thirds

31  vote.  For all other lands, the board shall make a

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  determination that the lands are no longer needed and may

  2  dispose of them by majority vote.

  3         (a)  For the purposes of this subsection, all lands

  4  acquired by the state prior to July 1, 1999, using proceeds

  5  from the Preservation 2000 bonds, the Conservation and

  6  Recreation Lands Trust Fund, the Water Management Lands Trust

  7  Fund, Environmentally Endangered Lands Program, and the Save

  8  Our Coast Program and titled to the board, which lands are

  9  identified as core parcels or within original project

10  boundaries, shall be deemed to have been acquired for

11  conservation purposes.

12         (b)  For any lands purchased by the state on or after

13  July 1, 1999, a determination shall be made by the board prior

14  to acquisition as to those parcels that shall be designated as

15  having been acquired for conservation purposes.  No lands

16  acquired for use by the Department of Corrections, the

17  Department of Management Services for use as state offices,

18  the Department of Transportation, except those specifically

19  managed for conservation or recreation purposes, or the State

20  University System or State Community College System shall be

21  designated as having been purchased for conservation purposes.

22         (c)  At least every 3 years, as a component of each

23  land management plan or land use plan and in a form and manner

24  prescribed by rule by the board, each management entity state

25  agency shall evaluate and indicate to the board those lands

26  that which the entity agency manages which are not being used

27  for the purpose for which they were originally leased. Such

28  lands shall be reviewed by the council or its successor for

29  its recommendation as to whether such lands should be disposed

30  of by the board.

31         (d)  Lands owned by the board which are not actively

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





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

  2  plan has not been completed pursuant to subsection (5) shall

  3  be reviewed by the council or its successor for its

  4  recommendation as to whether such lands should be disposed of

  5  by the board.

  6         (e)  Prior to any decision by the board to surplus

  7  lands, the Acquisition and Restoration Council shall review

  8  and make recommendations to the board concerning the request

  9  for surplusing. The council shall determine whether the

10  request for surplusing is compatible with the resource values

11  of and management objectives for such lands.

12         (f)  In reviewing lands owned by the board, the council

13  or its successor shall consider whether such lands would be

14  more appropriately owned or managed by the county or other

15  unit of local government in which the land is located.  The

16  council or its successor shall recommend to the board whether

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

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

19  The provisions of this paragraph in no way limit the

20  provisions of ss. 253.111 and 253.115. Such lands shall be

21  offered to the county or local government for a period of 90

22  days. Permittable uses for such surplus lands may include

23  public schools; public libraries; fire or law enforcement

24  substations; and governmental, judicial, or recreational

25  centers.  County or local government requests for surplus

26  lands shall be expedited throughout the surplusing process.

27  State agencies shall have the subsequent opportunity to

28  acquire the surplus lands for a period not to exceed 30 days

29  after the offer to a county or local government expires.

30  Surplus properties in which governmental agencies have

31  expressed no interest shall then be available for sale on the

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  private market.

  2         (g)  Lands determined to be surplus pursuant to this

  3  subsection shall be sold for fair market value or the price

  4  paid by the state or a water management district to originally

  5  acquire the lands, whichever is greater, except that the price

  6  of lands sold as surplus to any unit of government shall not

  7  exceed the price paid by the state or a water management

  8  district to originally acquire the lands. A unit of government

  9  which acquires title to lands hereunder for less than fair

10  market value may not sell or transfer title to all or any

11  portion of the lands to any private owner for a period of 10

12  years. Any unit of government seeking to transfer or sell

13  lands pursuant to this paragraph shall first allow the board

14  of trustees to reacquire such lands.  The board of trustees

15  may reacquire such lands for the price at which they sold such

16  lands.

17         (h)  Where a unit of government acquired land by gift,

18  donation, grant, quit-claim deed, or other such conveyance

19  where no monetary consideration was exchanged, the price of

20  land sold as surplus shall not exceed the fair market value of

21  the lands. Fair market value shall be determined by the

22  average of two separate appraisals. The individual or entity

23  requesting the surplus shall select and use appraisers from

24  the list of approved appraisers maintained by the Division of

25  State Lands in accordance with s. 253.025(6)(b). The

26  individual or entity requesting the surplus is to incur all

27  costs of the appraisals.

28         (i)(h)  After reviewing the recommendations of the

29  council or its successor, the board shall determine whether

30  lands identified for surplus are to be held for other public

31  purposes or whether such lands are no longer needed.  The

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  board may require an agency to release its interest in such

  2  lands.

  3         (j)(i)  Requests for surplusing may be made by any

  4  public or private entity or person.  All requests shall be

  5  submitted to the lead managing agency for review and

  6  recommendation to the council or its successor.  Lead managing

  7  agencies shall have 90 days to review such requests and make

  8  recommendations. Any surplusing requests that have not been

  9  acted upon within the 90-day time period shall be immediately

10  scheduled for hearing at the next regularly scheduled meeting

11  of the council or its successor. Requests for surplusing

12  pursuant to this paragraph shall not be required to be offered

13  to local or state governments as provided in paragraph (f).

14         (k)(j)  Proceeds from any sale of surplus lands

15  pursuant to this subsection shall be deposited into the fund

16  from which such lands were acquired. However, if the fund from

17  which the lands were originally acquired no longer exists,

18  such proceeds shall be deposited into an appropriate account

19  to be used for land management by the lead managing agency

20  assigned the lands prior to the lands being declared surplus

21  for use by the lead managing agency for land management.

22         (l)(k)  Notwithstanding the provisions of this

23  subsection, no such disposition of land shall be made if such

24  disposition would have the effect of causing all or any

25  portion of the interest on any revenue bonds issued to lose

26  the exclusion from gross income for federal income tax

27  purposes.

28         (m)(l)  The sale of filled, formerly submerged land

29  that does not exceed 5 acres in area is not subject to review

30  by the council or its successor.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  the Department of Corrections, the Department of Juvenile

  2  Justice, the Department of Children and Family Services, or

  3  the Department of Education are not shall not be subject to

  4  the provisions for review by the council or its successor

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

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

  7  90 days at the administrative offices of the parcel or project

  8  affected by the management plan and at the Tallahassee offices

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

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

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

12  Trustees of the Internal Improvement Trust Fund for

13  consideration. The Board of Trustees of the Internal

14  Improvement Trust Fund shall approve the plan with or without

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

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

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

18         (10)  The following additional uses of conservation

19  lands acquired pursuant to the Florida Forever program and

20  other state-funded conservation land purchase programs shall

21  be authorized, upon a finding by the board of trustees, if

22  they meet the criteria specified in paragraphs (a)-(e): water

23  resource development projects, water supply development

24  projects, stormwater management projects, linear facilities,

25  and sustainable agriculture and forestry.  Such additional

26  uses are authorized where:

27         (a)  Not inconsistent with the management plan for such

28  lands;

29         (b)  Compatible with the natural ecosystem and resource

30  values of such lands;

31         (c)  The proposed use is appropriately located on such

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                                                  SENATE AMENDMENT

    Bill No. HB 2403, 2nd Eng.

    Amendment No. ___





  1  lands and where due consideration is given to the use of other

  2  available lands;

  3         (d)  The using entity reasonably compensates the

  4  titleholder for such use based upon an appropriate measure of

  5  value; and

  6         (e)  The use is consistent with the public interest.

  7

  8  A decision by the board of trustees pursuant to this section

  9  subsection shall be given a presumption of correctness. Moneys

10  received from the use of state lands pursuant to this section

11  subsection shall be returned to the lead managing entity

12  agency in accordance with the provisions of s. 259.032(11)(d).

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 56, line 30, before the word "amending"

18

19  insert:

20         clarifying that the private sector and

21         nonprofit organizations may manage state lands;

22

23

24

25

26

27

28

29

30

31

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