HB 1151 2003
1	A bill to be entitled
2	An act relating to acquisition of public lands; amending
3	s. 259.041, F.S.; decreasing the vote required for
4	approval of acquisition of certain lands from five members
5	to three members of the Board of Trustees of the Internal
6	Improvement Trust Fund; reenacting s. 253.025(7)(e), F.S.,
7	for the purpose of incorporating a reference; reenacting
8	s. 259.02, F.S., for the purpose of incorporating a
9	reference; reenacting s. 259.032(8), F.S., for the purpose
10	of incorporating a reference; reenacting s. 260.016(3)(b),
11	F.S., for the purpose of incorporating a reference;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Subsection (15) of section 259.041, Florida
17	Statutes, is amended to read:
18	259.041 Acquisition of state-owned lands for preservation,
19	conservation, and recreation purposes.--
20	(15) The board of trustees, by an affirmative vote of
21	threefivemembers, may direct the department to purchase lands
22	on an immediate basis using up to 15 percent of the funds
23	allocated to the department pursuant to ss. 259.101(3)(a) and
24	259.105 for the acquisition of lands that:
25	(a) Are listed or placed at auction by the Federal
26	Government as part of the Resolution Trust Corporation sale of
27	lands from failed savings and loan associations;
28	(b) Are listed or placed at auction by the Federal
29	Government as part of the Federal Deposit Insurance Corporation
30	sale of lands from failed banks; or
31	(c) Will be developed or otherwise lost to potential
32	public ownership, or for which federal matching funds will be
33	lost, by the time the land can be purchased under the program
34	within which the land is listed for acquisition.
35
36	For such acquisitions, the board of trustees may waive or modify
37	all procedures required for land acquisition pursuant to this
38	chapter and all competitive bid procedures required pursuant to
39	chapters 255 and 287. Lands acquired pursuant to this subsection
40	must, at the time of purchase, be on one of the acquisition
41	lists established pursuant to this chapter, or be essential for
42	water resource development, protection, or restoration, or a
43	significant portion of the lands must contain natural
44	communities or plant or animal species which are listed by the
45	Florida Natural Areas Inventory as critically imperiled,
46	imperiled, or rare, or as excellent quality occurrences of
47	natural communities.
48	Section 2. For the purpose of incorporating the amendment
49	to section 259.041, Florida Statutes, in a reference thereto,
50	paragraph (e) of subsection (7) of section 253.025, Florida
51	Statutes, is reenacted to read:
52	253.025 Acquisition of state lands for purposes other than
53	preservation, conservation, and recreation.--
54	(7)
55	(e)1. The board of trustees shall adopt by rule the method
56	for determining the value of parcels sought to be acquired by
57	state agencies pursuant to this section. No offer by a state
58	agency, except an offer by an agency acquiring lands pursuant to
59	s. 259.041, may exceed the value for that parcel as determined
60	pursuant to the highest approved appraisal or the value
61	determined pursuant to the rules of the board of trustees,
62	whichever value is less.
63	2. In the case of a joint acquisition by a state agency
64	and a local government or other entity apart from the state, the
65	joint purchase price may not exceed 150 percent of the value for
66	a parcel as determined in accordance with the limits prescribed
67	in subparagraph 1. The state agency share of a joint purchase
68	offer may not exceed what the agency may offer singly as
69	prescribed by subparagraph 1.
70	3. The provisions of this paragraph do not apply to the
71	acquisition of historically unique or significant property as
72	determined by the Division of Historical Resources of the
73	Department of State.
74	Section 3. For the purpose of incorporating the amendment
75	to section 259.041, Florida Statutes, in a reference thereto,
76	section 259.02, Florida Statutes, is reenacted to read:
77	259.02 Authority; full faith and credit bonds.-- Pursuant
78	to the provisions of s. 11(a), Art. VII of the State
79	Constitution and s. 215.59, the issuance of state bonds pledging
80	the full faith and credit of the state in the principal amount,
81	including any refinancing, not to exceed $200 million for state
82	capital projects for environmentally endangered lands and $40
83	million for state capital projects for outdoor recreation lands
84	is hereby authorized, subject to the provisions of ss. 259.01-
85	259.06.
86	Section 4. For the purpose of incorporating the amendment
87	to section 259.041, Florida Statutes, in a reference thereto,
88	subsection (8) of section 259.032, Florida Statutes, is
89	reenacted to read:
90	259.032 Conservation and Recreation Lands Trust Fund;
91	purpose.--
92	(8) Lands to be considered for purchase under this section
93	are subject to the selection procedures of s. 259.035 and
94	related rules and shall be acquired in accordance with
95	acquisition procedures for state lands provided for in s.
96	259.041, except as otherwise provided by the Legislature. An
97	inholding or an addition to a project selected for purchase
98	pursuant to this chapter is not subject to the selection
99	procedures of s. 259.035 if the estimated value of such
100	inholding or addition does not exceed $500,000. When at least 90
101	percent of the acreage of a project has been purchased pursuant
102	to this chapter, the project may be removed from the list and
103	the remaining acreage may continue to be purchased. Moneys from
104	the fund may be used for title work, appraisal fees,
105	environmental audits, and survey costs related to acquisition
106	expenses for lands to be acquired, donated, or exchanged which
107	qualify under the categories of this section, at the discretion
108	of the board. When the Legislature has authorized the Department
109	of Environmental Protection to condemn a specific parcel of land
110	and such parcel has already been approved for acquisition under
111	this section, the land may be acquired in accordance with the
112	provisions of chapter 73 or chapter 74, and the fund may be used
113	to pay the condemnation award and all costs, including a
114	reasonable attorney's fee, associated with condemnation.
115	Section 5. For the purpose of incorporating the amendment
116	to section 259.041, Florida Statutes, in a reference thereto,
117	paragraph (b) of subsection (3) of section 260.016, Florida
118	Statutes, is reenacted to read:
119	260.016 General powers of the department.--
120	(3) The department or its designee is authorized to
121	negotiate with potentially affected private landowners as to the
122	terms under which such landowners would consent to the public
123	use of their lands as part of the greenways and trails system.
124	The department shall be authorized to agree to incentives for a
125	private landowner who consents to this public use of his or her
126	lands for conservation or recreational purposes, including, but
127	not limited to, the following:
128	(b) Agreement to exchange, subject to the approval of the
129	Board of Trustees of the Internal Improvement Trust Fund or
130	other applicable unit of government, ownership or other rights
131	of use of public lands for the ownership or other rights of use
132	of privately owned lands. Any exchange of state-owned lands,
133	title to which is vested in the Board of Trustees of the
134	Internal Improvement Trust Fund, for privately owned lands shall
135	be subject to the requirements of s. 259.041.
136	Section 6. This act shall take effect upon becoming a law.