HOUSE AMENDMENT Bill No. HB 1407 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Spratt offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Paragraph (a) of subsection (6) of section
17	253.025, Florida Statutes, is amended to read:
18	253.025 Acquisition of state lands for purposes other than
19	preservation, conservation, and recreation.--
20	(6) Prior to negotiations with the parcel owner to
21	purchase land pursuant to this section, title to which will vest
22	in the board of trustees, an appraisal of the parcel shall be
23	required as follows:
24	(a) Each parcel to be acquired shall have at least one
25	appraisal. Two appraisals are required when the estimatedvalue
26	of the parcelfirst appraisal exceeds $1 million$500,000.
27	However, when the values of both appraisals exceed $500,000 and
28	differ significantly, a third appraisal may be obtained.When a
29	parcel is estimated to be worth $100,000 or less and the
30	director of the Division of State Lands finds that the cost of
31	obtaining an outside appraisal is not justified, a comparable
32	sales analysis or other reasonably prudent proceduresan
33	appraisal prepared by the division may be used by the division
34	to estimate the value of the parcel, provided the public's
35	interest is reasonably protected. The state is not required to
36	appraise the value of lands and appurtenances that are being
37	donated to the state.
38	Section 2. Subsection (11) of section 253.03, Florida
39	Statutes, is amended to read:
40	253.03 Board of trustees to administer state lands; lands
41	enumerated.--
42	(11) The Board of Trustees of the Internal Improvement
43	Trust Fund, in order to ensure that the public may continue to
44	enjoy traditional uses of navigable waters and riparian access,
45	is authorized tomay adopt rules pursuant to ss. 120.536(1) and
46	120.54to provide for the assessment and collection of
47	reasonable fees, commensurate with the actual cost to the board,
48	for disclaimers, easements, exchanges, gifts, leases, releases,
49	or sales of any interest in lands or any applications therefor
50	and for reproduction of documents. The annual fee for all leases
51	of sovereign submerged lands shall be as follows:
52	(a) For leases under which wet slips are offered to the
53	general public at any time of vacancy and an interest is
54	ultimately conveyed to a member of the general public for a term
55	of more than 1 year, the fee for that area shall be computed at
56	a rate of $0.2000 per square foot per annum, increased or
57	decreased on March 1 of each year based on the average change in
58	the Consumer Price Index, or the minimum annual fee, whichever
59	is greater. The average change in the Consumer Price Index is
60	calculated annually by averaging the Consumer Price Index over
61	the previous 5-year period. There shall be a 10-percent cap on
62	any annual increase.
63	(b) For leases under which wet slips are offered to the
64	general public at any time of vacancy and an interest is
65	ultimately conveyed to a member of the general public for a term
66	of 1 year or less, the fee shall be computed at a rate of
67	$0.1278 per square foot per annum, increased or decreased on
68	March 1 of each year based on the average change in the Consumer
69	Price Index, or the minimum annual fee, whichever is greater.
70	The average change in the Consumer Price Index is calculated
71	annually by averaging the Consumer Price Index over the previous
72	5-year period. There shall be a 10-percent cap on any annual
73	increase.
74	(c) The minimum annual lease fee for sovereign submerged
75	lands shall be $383.50 effective March 1, 2003. The minimum
76	annual fee shall be adjusted annually in the same manner as the
77	annual fees specified in paragraphs (a) and (b).
78	(d) The Board of Trustees of the Internal Improvement
79	Trust Fund may adopt rules to increase or decrease the per-
80	square-foot fees provided in paragraphs (a) and (b) for the
81	following special activities: leases in aquatic preserves;
82	leases for restaurants and other non-water dependent facilities;
83	leases to government, research, education, or charitable
84	entities; extended term leases with a term of greater than 25
85	years; Class III and IV special event authorizations;
86	aquaculture leases; and leases for facilities not open to the
87	public.
88
89	All revenues received from the application fees charged by a
90	water management district to process applications that include a
91	request to use state lands are to be retained by the water
92	management district.
93	Section 3. Subsections (2), (5), and (6) of section
94	253.034, Florida Statutes, are amended, subsections (8), (9),
95	(10), and (11) are renumbered as subsections (9), (10), (11),
96	and (12), respectively, and a new subsection (8) is added to
97	said section, to read:
98	253.034 State-owned lands; uses.--
99	(2) As used in this section, the following phrases have
100	the following meanings:
101	(a) "Multiple use" means the harmonious and coordinated
102	management of timber, recreation, conservation of fish and
103	wildlife, forage, archaeological and historic sites, habitat and
104	other biological resources, or water resources so that they are
105	utilized in the combination that will best serve the people of
106	the state, making the most judicious use of the land for some or
107	all of these resources and giving consideration to the relative
108	values of the various resources. Where necessary and appropriate
109	for all state-owned lands that are larger than 1,000 acres in
110	project size and are managed for multiple uses, buffers may be
111	formed around any areas that require special protection or have
112	special management needs. Such buffers shall not exceed more
113	than one-half of the total acreage. Multiple uses within a
114	buffer area may be restricted to provide the necessary buffering
115	effect desired. Multiple use in this context includes both uses
116	of land or resources by more than one management entity, which
117	may include private sector land managers. In any case, lands
118	identified as multiple-use lands in the land management plan
119	shall be managed to enhance and conserve the lands and resources
120	for the enjoyment of the people of the state.
121	(b) "Single use" means management for one particular
122	purpose to the exclusion of all other purposes, except that the
123	using entity shall have the option of including in its
124	management program compatible secondary purposes which will not
125	detract from or interfere with the primary management purpose.
126	Such single uses may include, but are not necessarily restricted
127	to, the use of agricultural lands for production of food and
128	livestock, the use of improved sites and grounds for
129	institutional purposes, and the use of lands for parks,
130	preserves, wildlife management, archaeological or historic
131	sites, or wilderness areas where the maintenance of essentially
132	natural conditions is important. All submerged lands shall be
133	considered single-use lands and shall be managed primarily for
134	the maintenance of essentially natural conditions, the
135	propagation of fish and wildlife, and public recreation,
136	including hunting and fishing where deemed appropriate by the
137	managing entity.
138	(c) "Conservation lands" means lands that are currently
139	managed for conservation, outdoor resource-based recreation, or
140	archaeological or historic preservation, except those lands that
141	were acquired solely to facilitate the acquisition of other
142	conservation lands. Lands acquired for uses other than
143	conservation, outdoor resource-based recreation, or
144	archaeological or historic preservation shall not be designated
145	conservation lands except as otherwise authorized under this
146	section. These lands shall include, but not be limited to, the
147	following: correction and detention facilities, military
148	installations and facilities, state office buildings,
149	maintenance yards, state university or state community college
150	campuses, agricultural field stations or offices, tower sites,
151	law enforcement and license facilities, laboratories, hospitals,
152	clinics, and other sites that possess no significant natural or
153	historical resources. However, lands acquired solely to
154	facilitate the acquisition of other conservation lands, and for
155	which the land management plan has not yet been completed or
156	updated, may be evaluated by the Board of Trustees of the
157	Internal Improvement Trust Fund on a case-by-case basis to
158	determine if they will be designated conservation lands. Lands
159	acquired by the state as a gift, through donation, or by any
160	other conveyance for which no consideration was paid, and that
161	are not managed for conservation, outdoor resource-based
162	recreation, or archaeological or historic preservation under a
163	land management plan approved by the board of trustees, are not
164	conservation lands.
165	(5) Each manager ofentity managingconservation lands
166	shall submit to the Division of State Lands a land management
167	plan at least every 105years in a form and manner prescribed
168	by rule by the board and in accordance with the provisions of s.
169	259.032. Each manager of nonconservation lands shall submit to
170	the Division of State Lands a land use plan at least every 10
171	years in a form and manner prescribed by rule by the board. The
172	division shall review each plan for compliance with the
173	requirements of this subsection and the requirements of the
174	rules established by the board pursuant to this section. All
175	land usemanagementplans, whether for single-use or multiple-
176	use properties, shall include an analysis of the property to
177	determine if any significant natural or cultural resources are
178	located on the property.specifically describe how the managing
179	entity plans to identify, locate, protect and preserve, or
180	otherwise use fragile nonrenewable resources, Such resources
181	includeas archaeological and historic sites, state and
182	federally listedas well as other fragile resources, including
183	endangered plant and animal species, and imperiled natural
184	communities and unique natural features. If such resources occur
185	on the property, then the manager shall consult with the
186	Division of State Lands and other appropriate agencies to
187	develop management strategies to protect such resources. Land
188	use plans shall also provide for the control of invasive
189	nonnative plants and conservation of soil and water resources,
190	including a description of how the manager plans toand for the
191	control and preventprevention of soil erosion and soil or water
192	contamination. Land usemanagement plans submitted by a manager
193	an entityshall include reference to appropriate statutory
194	authority for such use or uses and shall conform to the
195	appropriate policies and guidelines of the state land management
196	plan. All land management Plans for managed areasparcelslarger
197	than 1,000 acres shall contain an analysis of the multiple-use
198	potential of the propertyparcel, which analysis shall include
199	the potential of the propertyparcelto generate revenues to
200	enhance the management of the propertyparcel. Additionally, the
201	land managementplan shall contain an analysis of the potential
202	use of private land managers to facilitate the restoration or
203	management of these lands. In those cases where a newly acquired
204	property has a valid conservation plan that was developed by a
205	soil and conservation district, suchtheplan shall be used to
206	guide management of the property until a formal land use
207	managementplan is completed.
208	(a) The Division of State Lands shall make available to
209	the public a copy of each land management plan for parcels that
210	exceed 160 acres in size. The council shall review each plan for
211	compliance with the requirements of this subsection, the
212	requirements of chapter 259, and the requirements of the rules
213	established by the board pursuant to this section. The council
214	shall also consider the propriety of the recommendations of the
215	managing entity with regard to the future use of the property,
216	the protection of fragile or nonrenewable resources, the
217	potential for alternative or multiple uses not recognized by the
218	managing entity, and the possibility of disposal of the property
219	by the board. After its review, the council shall submit the
220	plan, along with its recommendations and comments, to the board.
221	The council shall specifically recommend to the board whether to
222	approve the plan as submitted, approve the plan with
223	modifications, or reject the plan.
224	(b) The Board of Trustees of the Internal Improvement
225	Trust Fund shall consider the land management plan submitted by
226	each entity and the recommendations of the council and the
227	Division of State Lands and shall approve the plan with or
228	without modification or reject such plan. The use or possession
229	of any such lands that is not in accordance with an approved
230	land management plan is subject to termination by the board.
231	(6) The Board of Trustees of the Internal Improvement
232	Trust Fund shall determine which lands, the title to which is
233	vested in the board, may be surplused. For conservation lands,
234	the board shall make a determination that the lands are no
235	longer needed for conservation purposes and may dispose of them
236	by a two-thirds vote. In the case of a land exchange involving
237	the disposition of conservation lands, the board must determine
238	by at least a two-thirds vote that the exchange will result in a
239	net positive conservation benefit. For all other lands, the
240	board shall make a determination that the lands are no longer
241	needed and may dispose of them by majority vote.
242	(a) For the purposes of this subsection, all lands
243	acquired by the state prior to July 1, 1999, using proceeds from
244	the Preservation 2000 bonds, the Conservation and Recreation
245	Lands Trust Fund, the Water Management Lands Trust Fund,
246	Environmentally Endangered Lands Program, and the Save Our Coast
247	Program and titled to the board, which lands are identified as
248	core parcels or within original project boundaries, shall be
249	deemed to have been acquired for conservation purposes.
250	(b) For any lands purchased by the state on or after July
251	1, 1999, a determination shall be made by the board prior to
252	acquisition as to those parcels that shall be designated as
253	having been acquired for conservation purposes. No lands
254	acquired for use by the Department of Corrections, the
255	Department of Management Services for use as state offices, the
256	Department of Transportation, except those specifically managed
257	for conservation or recreation purposes, or the State University
258	System or the Florida Community College System shall be
259	designated as having been purchased for conservation purposes.
260	(c) At least every 5 years, as a component of each land
261	management plan or land use plan and in a form and manner
262	prescribed by rule by the board, each management entity shall
263	evaluate and indicate to the board those lands that the entity
264	manages which are not being used for the purpose for which they
265	were originally leased. Such lands shall be reviewed by the
266	council for its recommendation as to whether such lands should
267	be disposed of by the board.
268	(d) Lands owned by the board which are not actively
269	managed by any state agency or for which a land management plan
270	has not been completed pursuant to subsection (5) shall be
271	reviewed by the council or its successor for its recommendation
272	as to whether such lands should be disposed of by the board.
273	(e) Prior to any decision by the board to surplus lands,
274	the Acquisition and Restoration Council shall review and make
275	recommendations to the board concerning the request for
276	surplusing. The council shall determine whether the request for
277	surplusing is compatible with the resource values of and
278	management objectives for such lands.
279	(f) In reviewing lands owned by the board, the council
280	shall consider whether such lands would be more appropriately
281	owned or managed by the county or other unit of local government
282	in which the land is located. The council shall recommend to the
283	board whether a sale, lease, or other conveyance to a local
284	government would be in the best interests of the state and local
285	government. The provisions of this paragraph in no way limit the
286	provisions of ss. 253.111 and 253.115. Such lands shall be
287	offered to the state, county, or local government for a period
288	of 30 days. Permittable uses for such surplus lands may include
289	public schools; public libraries; fire or law enforcement
290	substations; and governmental, judicial, or recreational
291	centers. County or local government requests for surplus lands
292	shall be expedited throughout the surplusing process. If the
293	county or local government does not elect to purchase such lands
294	in accordance with s. 253.111, then any surplusing determination
295	involving other governmental agencies shall be made upon the
296	board deciding the best public use of the lands. Surplus
297	properties in which governmental agencies have expressed no
298	interest shall then be available for sale on the private market.
299	(g) The sale price oflands determined to be surplus
300	pursuant to this subsection shall be determined by the division
301	and shall take into consideration an appraisal of the property,
302	or when the estimated value of the land is less than $100,000, a
303	comparable sales analysis or a broker's opinion of value, and
304	sold for appraised value or the price paid by the state or a
305	water management district to originally acquire the lands,
306	whichever is greater, except when the board or its designee
307	determines a different sale price is in the public interest.
308	However, for those lands sold as surplus to any unit of
309	government, the price shall not exceed the price paid by the
310	state or a water management district to originally acquire the
311	lands. A unit of government thatwhichacquires title to lands
312	hereunder for less than appraised value may not sell or transfer
313	title to all or any portion of the lands to any private owner
314	for a period of 10 years. Any unit of government seeking to
315	transfer or sell lands pursuant to this paragraph shall first
316	allow the board of trustees to reacquire such lands for the
317	price at which the boardtheysold such lands.
318	(h) Where a unit of government acquired land by gift,
319	donation, grant, quit-claim deed, or other such conveyance where
320	no monetary consideration was exchanged, the price of land sold
321	as surplus may be based on one appraisal. In the event that a
322	single appraisal yields a value equal to or greater than $1
323	million, a second appraisal is required. The individual or
324	entity requesting the surplus shall select and use appraisers
325	from the list of approved appraisers maintained by the Division
326	of State Lands in accordance with s. 253.025(6)(b). The
327	individual or entity requesting the surplus is to incur all
328	costs of the appraisals.
329	(i) After reviewing the recommendations of the council,
330	the board shall determine whether lands identified for surplus
331	are to be held for other public purposes or whether such lands
332	are no longer needed. The board may require an agency to release
333	its interest in such lands. For an agency that has requested the
334	use of a property that was to be declared as surplus, said
335	agency must have the property under lease within 6 months of the
336	date of expiration of the notice provisions required under ss.
337	253.034(6) and 253.111.
338	(j) Requests for surplusing may be made by any public or
339	private entity or person. All requests shall be submitted to the
340	lead managing agency for review and recommendation to the
341	council or its successor. Lead managing agencies shall have 90
342	days to review such requests and make recommendations. Any
343	surplusing requests that have not been acted upon within the 90-
344	day time period shall be immediately scheduled for hearing at
345	the next regularly scheduled meeting of the council or its
346	successor. Requests for surplusing pursuant to this paragraph
347	shall not be required to be offered to local or state
348	governments as provided in paragraph (f).
349	(k) Proceeds from any sale of surplus lands pursuant to
350	this subsection shall be deposited into the fund from which such
351	lands were acquired. However, if the fund from which the lands
352	were originally acquired no longer exists, such proceeds shall
353	be deposited into an appropriate account to be used for land
354	management by the lead managing agency assigned the lands prior
355	to the lands being declared surplus. Funds received from the
356	sale of surplus nonconservation lands, or lands that were
357	acquired by gift, by donation, or for no consideration, shall be
358	deposited into the Internal Improvement Trust Fund.
359	(l) Notwithstanding the provisions of this subsection, no
360	such disposition of land shall be made if such disposition would
361	have the effect of causing all or any portion of the interest on
362	any revenue bonds issued to lose the exclusion from gross income
363	for federal income tax purposes.
364	(m) The sale of filled, formerly submerged land that does
365	not exceed 5 acres in area is not subject to review by the
366	council or its successor.
367	(n) The board may adopt rules to implement the provisions
368	of this section, which may include procedures for administering
369	surplus land requests and criteria for when the division may
370	approve requests to surplus nonconservation lands on behalf of
371	the board.
372	(8)(a) Notwithstanding other provisions of this section,
373	the Division of State Lands is directed to prepare a state
374	inventory of all federal lands and all lands titled in the name
375	of the state, a state agency, a water management district, or a
376	local government on a county-by-county basis, with the exception
377	of rights-of-way for existing, proposed, or anticipated
378	transportation facilities. The division must identify state or
379	water management district lands purchased with funds distributed
380	according to the Florida Forever Program, the Preservation 2000
381	Program, the Conservation and Recreation Lands Program, the
382	Environmentally Endangered Lands Program, the Save Our Rivers
383	Program, or the Save Our Coast Program. To facilitate the
384	development of the state inventory, each county shall direct the
385	appropriate county office with authority over the information to
386	provide the division with a county inventory of all lands
387	identified as federal lands and lands titled in the name of the
388	state, a state agency, a water management district, or a local
389	government.
390	(b) The state inventory must distinguish between lands
391	purchased by the state or a water management district as part of
392	a core parcel or within original project boundaries, as those
393	terms are used to meet the surplus requirements of subsection
394	(6), and lands purchased by the state, a state agency, or a
395	water management district which were not essential or necessary
396	to meet the conservation purposes of the programs which funded
397	the acquisition.
398	(c) In any county in which more than 50 percent of the
399	lands within the county boundary are federal lands or lands
400	titled in the name of the state, a state agency, a water
401	management district, or a local government, those lands titled
402	in the name of the state or a state agency that were purchased
403	using funds from any program identified in paragraph (a) and
404	that are not essential or necessary to meet the original
405	purposes of the program under which they were acquired must be
406	made available for purchase to public or private entities
407	through the state's surplusing process. Priority consideration
408	must be given to buyers, public or private, willing to return
409	the property to productive use so long as the property can be
410	reentered onto the county ad valorem tax roll. Property acquired
411	with matching funds from a local government shall not be made
412	available for purchase without the consent of said local
413	government.
414	Section 4. Section 253.0341, Florida Statutes, is created
415	to read:
416	253.0341 Surplus of state-owned lands to counties or local
417	governments.--Counties and local governments may submit
418	surplusing requests for state-owned lands directly to the Board
419	of Trustees, and the decision to surplus state-owned lands to a
420	county or local government may be made by the board without a
421	review of or a recommendation on the request from the
422	Acquisition and Restoration Council or the Division of State
423	Lands. County or local government requests for the state to
424	surplus conservation or nonconservation lands, whether for
425	purchase or exchange, shall be expedited throughout the
426	surplusing process. Surplusing requests made by a county or
427	local government shall be considered by the board at the first
428	board meeting scheduled within 60 days after the board's receipt
429	of the request.
430	Section 5. Section 253.42, Florida Statutes, is amended to
431	read:
432	(Substantial rewording of section. See
433	s. 253.42, F.S., for present text.)
434	253.42 Board of Trustees may exchange lands.--The
435	provisions of this section apply to all lands owned by, vested
436	in, or titled in the name of the board, whether the lands were
437	acquired by the state as a purchase or through gift, donation,
438	or any other conveyance for which no consideration was paid.
439	(1) The Board of Trustees may exchange any lands owned by,
440	vested in, or titled in the name of the board for other lands in
441	the state owned by counties, local governments, individuals, or
442	private or public corporations and may fix the terms and
443	conditions of any such exchange. Any nonconservation lands that
444	were acquired by the state through gift, donation, or any other
445	conveyance for which no consideration was paid must first be
446	offered at no cost to a county or local government unless
447	otherwise provided in a deed restriction of record and so long
448	as the use proposed by the county or local government is for a
449	public purpose. For conservation lands acquired by the state
450	through gift, donation, or any other conveyance for which no
451	consideration was paid, the state may request land of equal
452	conservation value from the county or local government but no
453	other consideration.
454	(2) In exchanging state-owned lands not acquired by the
455	state through gift, donation, or any other conveyance for which
456	no consideration was paid with counties or local governments,
457	the board may require an exchange of equal value. "Equal value"
458	is defined as the conservation value of the lands being offered
459	for exchange by a county or local government being equal in
460	conservation value to the state-owned lands, or may be defined
461	as the appraised value of the lands being offered for exchange
462	by a county or local government and monetary compensation to
463	equal the appraised value of the state-owned land. Equal value
464	under this subsection shall be considered a net positive
465	conservation benefit.
466	(3) The board shall select and agree upon the state lands
467	to be exchanged and the lands to be conveyed to the state and
468	pay or receive any sum of money deemed necessary by the board
469	for the purpose of equalizing the value of the exchanged
470	property. The board is authorized to make and enter into
471	contracts or agreements for such purpose or purposes.
472	Section 6. Section 253.7823, Florida Statutes, is amended
473	to read:
474	253.7823 Disposition of surplus lands; compensation of
475	counties located within the Cross Florida Canal Navigation
476	District.--
477	(1) The department mayshallidentify parcels of former
478	barge canal lands thatwhich may be sold or exchanged as needed
479	to repay the counties of the Cross Florida Canal Navigation
480	District any sums due them pursuant to s. 253.783(2)(e). In
481	identifying said surplus lands, the department shall give
482	priority consideration to lands situated outside the greenways'
483	boundaries,to those landsnot having high recreation or
484	conservation values,and those having the greatest assessed
485	valuations. Although the department shall immediately begin to
486	identify the parcels of surplus lands to be sold, the department
487	shall offer the lands for sale in a manner designed to maximize
488	the amounts received over a reasonable period of time.
489	(2) Disbursements of amounts due the counties shall be
490	made on a semiannual basis and shall be completed before any
491	additional lands or easements may be acquired within the
492	boundaries of the greenways.
493	(2)(3) In addition to lands identified for sale to
494	generate funds for repayment of counties pursuant to s.
495	253.783(2)(e),The department is authorized to sell surplus
496	additional former canal lands if they are determined to be
497	unnecessary to the effective provision of the type of
498	recreational opportunities and conservation activities for which
499	the greenway wasgreenways werecreated.
500	(4) Until repayment to the counties pursuant to s.
501	253.783(2)(e) has been completed, any agency wishing to use
502	former canal lands must pay the full assessed value of said
503	lands.
504	Section 7. Paragraph (c) of subsection (10) and
505	subsections (12), (13), and (16) of section 259.032, Florida
506	Statutes, are amended to read:
507	259.032 Conservation and Recreation Lands Trust Fund;
508	purpose.--
509	(10)
510	(c) Once a plan is adopted, the managing agency or entity
511	shall update the plan at least every 105years in a form and
512	manner prescribed by rule of the board of trustees. Such
513	updates, for parcels over 160 acres, shall be developed with
514	input from an advisory group. Such plans may include transfers
515	of leasehold interests to appropriate conservation organizations
516	or governmental entities designated by the Land Acquisition and
517	Management Advisory Council or its successor, for uses
518	consistent with the purposes of the organizations and the
519	protection, preservation, conservation, restoration, and proper
520	management of the lands and their resources. Volunteer
521	management assistance is encouraged, including, but not limited
522	to, assistance by youths participating in programs sponsored by
523	state or local agencies, by volunteers sponsored by
524	environmental or civic organizations, and by individuals
525	participating in programs for committed delinquents and adults.
526
527	By July 1 of each year, each governmental agency and each
528	private entity designated to manage lands shall report to the
529	Secretary of Environmental Protection on the progress of
530	funding, staffing, and resource management of every project for
531	which the agency or entity is responsible.
532	(12)(a) Beginning July 1, 1999, the Legislature shall make
533	available sufficient funds annually from the Conservation and
534	Recreation Lands Trust Fund to the department for payment in
535	lieu of taxes to qualifying counties and local governments as
536	defined in paragraph (b) for all actual tax losses incurred as a
537	result of board of trustees acquisitions for state agencies
538	under the Florida Forever program or the Florida Preservation
539	2000 program during any year. Reserved funds not used for
540	payments in lieu of taxes in any year shall revert to the fund
541	to be used for land acquisition in accordance with the
542	provisions of this section.
543	(b) Payment in lieu of taxes shall be available:
544	1. To all counties that have a population of 150,000 or
545	fewer. Population levels shall be determined pursuant to s.
546	11.031.
547	2. To all local governments located in eligible counties.
548	3. To Glades County, where a privately owned and operated
549	prison leased to the state has recently been opened and where
550	privately owned and operated juvenile justice facilities leased
551	to the state have recently been constructed and opened, a
552	payment in lieu of taxes, in an amount that offsets the loss of
553	property tax revenue, which funds have already been appropriated
554	and allocated from the Department of Correction's budget for the
555	purpose of reimbursing amounts equal to lost ad valorem taxes.
556
557	Counties and local governments that did not receive payments in
558	lieu of taxes for lands purchased pursuant to s. 259.101 during
559	fiscal year 1999-2000, if such counties and local governments
560	would have received payments pursuant to this subsection as that
561	section existed on June 30, 1999, shall receive retroactive
562	payments for such tax losses.
563	(c) If insufficient funds are available in any year to
564	make full payments to all qualifying counties and local
565	governments, such counties and local governments shall receive a
566	pro rata share of the moneys available.
567	(d) The payment amount shall be based on the average
568	amount of actual taxes paid on the property for the 3 years
569	preceding acquisition. Applications for payment in lieu of taxes
570	shall be made no later than January 31 of the year following
571	acquisition. No payment in lieu of taxes shall be made for
572	properties which were exempt from ad valorem taxation for the
573	year immediately preceding acquisition.
574	(e)If property which was subject to ad valorem taxation
575	was acquired by a tax-exempt entity for ultimate conveyance to
576	the state under this chapter, payment in lieu of taxes shall be
577	made for such property based upon the average amount of taxes
578	paid on the property for the 3 years prior to its being removed
579	from the tax rolls. The department shall certify to the
580	Department of Revenue those properties that may be eligible
581	under this provision. Once eligibility has been established,
582	that county or local government shall receive 10 consecutive
583	annual payments for each tax loss, and no further eligibility
584	determination shall be made during that period.
585	(f)(e)Payment in lieu of taxes pursuant to this
586	subsection shall be made annually to qualifying counties and
587	local governments after certification by the Department of
588	Revenue that the amounts applied for are reasonably appropriate,
589	based on the amount of actual taxes paid on the eligible
590	property, and after the Department of Environmental Protection
591	has provided supporting documents to the Comptroller and has
592	requested that payment be made in accordance with the
593	requirements of this section. On behalf of any local government
594	requesting payment in lieu of taxes, the state agency that
595	acquired the land is responsible for preparing and submitting
596	application requests for payment to the Department of Revenue
597	for certification.
598	(g)(f)If the board of trustees conveys to a local
599	government title to any land owned by the board, any payments in
600	lieu of taxes on the land made to the local government shall be
601	discontinued as of the date of the conveyance.
602
603	For the purposes of this subsection, "local government" includes
604	municipalities, the county school board, mosquito control
605	districts, and any other local government entity which levies ad
606	valorem taxes, with the exception of a water management
607	district.
608	(13) Moneys credited to the fund each year which are not
609	used for management, maintenance, or capital improvements
610	pursuant to subsection (11); for payment in lieu of taxes
611	pursuant to subsection (12);or for the purposes of subsection
612	(5) shall be available for the acquisition of land pursuant to
613	this section.
614	(16) Notwithstanding other provisions of law relating to
615	the purpose of the Conservation and Recreation Lands Trust Fund,
616	and for the 2002-2003 fiscal year only, the purposes of the
617	trust fund shall include funding issues provided in the General
618	Appropriations Act. This subsection expires July 1, 2003.
619	Section 8. Section 259.0322, Florida Statutes, is amended
620	to read:
621	259.0322 Reinstitution of payments in lieu of taxes;
622	duration.--If the Department of Environmental Protection or a
623	water management districthas made a payment in lieu of taxes to
624	a governmental entity and subsequently suspended such payment,
625	the department or water management districtshall reinstitute
626	appropriate payments and continue the payments in consecutive
627	years until the governmental entity has received a total of 20
628	10payments for each tax loss.
629	Section 9. Subsection (2) of section 259.036, Florida
630	Statutes, is amended to read:
631	259.036 Management review teams.--
632	(2) The land management review team shall review select
633	management areasparcels of managed land prior to the date the
634	magagermanaging agency is required to submit its 10-year5-year
635	land management plan update. For management areas that exceed
636	1,000 acres in size, the Division of State Lands shall schedule
637	a land management review at least every 5 years.A copy of the
638	review shall be provided to the managermanaging agency, the
639	Division of State Lands, and the Acquisition and Restoration
640	CouncilLand Acquisition and Management Advisory Council or its
641	successor. The managermanaging agencyshall consider the
642	findings and recommendations of the land management review team
643	in finalizing the required 10-year5-yearupdate of its
644	management plan.
645	Section 10. Subsections (1) and (3) of section 259.041,
646	Florida Statutes, are amended to read:
647	259.041 Acquisition of state-owned lands for preservation,
648	conservation, and recreation purposes.--
649	(1) Neither the Board of Trustees of the Internal
650	Improvement Trust Fund nor its duly authorized agent shall
651	commit the state, through any instrument of negotiated contract
652	or agreement for purchase, to the purchase of lands with or
653	without appurtenances unless the provisions of this section have
654	been fully complied with. Except for the requirements of
655	subsections (3), (14), and (15), the board of trustees may waive
656	any requirements of this section, or may waive any rules adopted
657	pursuant to this section, notwithstanding chapter 120,However,
658	the board of trustees may waive any requirement of this section,
659	except the requirements of subsections (3), (14), and (15); or,
660	notwithstanding chapter 120, may waive any rules adopted
661	pursuant to this section, except rules adopted pursuant to
662	subsections (3), (14), and (15);or may substitute other
663	reasonably prudent procedures, provided the public's interest is
664	reasonably protected. The title to lands acquired pursuant to
665	this section shall vest in the board of trustees as provided in
666	s. 253.03(1), unless otherwise provided by law, and. all such
667	titled lands, title to which is vested in the board of trustees
668	pursuant to this section,shall be administered pursuant to the
669	provisions of s. 253.03.
670	(3) No agreement to acquire real property for the purposes
671	described in this chapter, chapter 260, or chapter 375, title to
672	which will vest in the board of trustees, may bind the state
673	unless and until the agreement has been reviewed and approved by
674	the Department of Environmental Protection as complying with the
675	requirements of this section and any rules adopted pursuant to
676	this section. Where any of the following conditions exist, the
677	agreement shall be submitted to and approved by the board of
678	trustees:
679	(a) The purchase price agreed to by the seller exceeds the
680	value as established pursuant to the rules of the board of
681	trustees;
682	(b) The contract price agreed to by the seller and
683	acquiring agency exceeds $1 million;
684	(c) The acquisition is the initial purchase in a project;
685	or
686	(d) Beginning in January 2004, the state’s proposed
687	acquisition is within a county in which more than 50 percent of
688	the lands within the county boundary are, or will be, public
689	lands managed primarily for conservation purposes, as determined
690	pursuant to s. 253.034(8), and public ownership will reduce the
691	total ad valorem taxes collected in such county by more than
692	one-hundredth of 1 percent. In such case, the division shall
693	contact the county administrator or county manager of the county
694	in which the proposed acquisition is located to request the
695	county’s input regarding the proposed acquisition. The county
696	shall report their concerns to the board of trustees, or, at the
697	county’s request, the division shall report the county’s
698	concerns to the board. The board must approve, by an affirmative
699	vote of at least three of its members, the state’s purchase of
700	the proposed acquisition; or
701	(e)(d)Other conditions that the board of trustees may
702	adopt by rule. Such conditions may include, but not be limited
703	to, projects where title to the property being acquired is
704	considered nonmarketable or is encumbered in such a way as to
705	significantly affect its management.
706
707	Where approval of the board of trustees is required pursuant to
708	this subsection, the acquiring agency must provide a
709	justification as to why it is in the public's interest to
710	acquire the parcel or project. Approval of the board of trustees
711	also is required for projects the department recommends
712	acquiring pursuant to subsections (14) and (15). Review and
713	approval of agreements for acquisitions for Florida Greenways
714	and Trails Program properties pursuant to chapter 260 may be
715	waived by the department in any contract with nonprofit
716	corporations that have agreed to assist the department with this
717	program.
718	Section 11. Present subsection (5) of section 373.089,
719	Florida Statutes, is renumbered as subsection (6), and a new
720	subsection (5) is added to said section to read:
721	373.089 Sale or exchange of lands, or interests or rights
722	in lands.--The governing board of the district may sell lands,
723	or interests or rights in lands, to which the district has
724	acquired title or to which it may hereafter acquire title in the
725	following manner:
726	(5) In any county where more than 50 percent of the lands
727	within the county boundary are federal lands or lands titled in
728	the name of the state, a state agency, a water management
729	district, or a local government, those lands titled in the name
730	of a water management district that were purchased using funds
731	distributed according to the Florida Forever Program, the
732	Preservation 2000 Program, the Conservation and Recreation Lands
733	Program, or the Save our Rivers Program, and which are not
734	essential or necessary to meet the original purposes of the
735	program under which they were acquired, must be made available
736	for purchase to public or private entities through the
737	surplusing process in subsection (6). Priority consideration
738	must be given to buyers, public or private, who are willing to
739	return the property to productive use so long as the property
740	can be reentered onto the county ad valorem tax roll. Property
741	acquired with matching funds from a local government shall not
742	be made available for purchase without the consent of the local
743	government.
744	Section 12. Subsection (3) of section 373.139, Florida
745	Statutes, is amended to read:
746	373.139 Acquisition of real property.--
747	(3) The initial 5-year work plan and any subsequent
748	modifications or additions thereto shall be adopted by each
749	water management district after a public hearing. Each water
750	management district shall provide at least 14 days' advance
751	notice of the hearing date and shall separately notify each
752	county commission within which a proposed work plan project or
753	project modification or addition is located of the hearing date.
754	(a) Appraisal reports, offers, and counteroffers are
755	confidential and exempt from the provisions of s. 119.07(1)
756	until an option contract is executed or, if no option contract
757	is executed, until 30 days before a contract or agreement for
758	purchase is considered for approval by the governing board.
759	However, each district may, at its discretion, disclose
760	appraisal reports to private landowners during negotiations for
761	acquisitions using alternatives to fee simple techniques, if the
762	district determines that disclosure of such reports will bring
763	the proposed acquisition to closure. In the event that
764	negotiation is terminated by the district, the title
765	information,appraisal report, offers, and counteroffers shall
766	become available pursuant to s. 119.07(1). Notwithstanding the
767	provisions of this section and s. 259.041, a district and the
768	Division of State Lands may share and disclose title
769	information,appraisal reports, appraisal information, offers,
770	and counteroffers when joint acquisition of property is
771	contemplated. A district and the Division of State Lands shall
772	maintain the confidentiality of such title information,
773	appraisal reports, appraisal information, offers, and
774	counteroffers in conformance with this section and s. 259.041,
775	except in those cases in which a district and the division have
776	exercised discretion to disclose such information. A district
777	may disclose appraisal information, offers, and counteroffers to
778	a third party who has entered into a contractual agreement with
779	the district to work with or on the behalf of or to assist the
780	district in connection with land acquisitions. The third party
781	shall maintain the confidentiality of such information in
782	conformance with this section. In addition, a district may use,
783	as its own, appraisals obtained by a third party provided the
784	appraiser is selected from the district's list of approved
785	appraisers and the appraisal is reviewed and approved by the
786	district.
787	(b) The Secretary of Environmental Protection shall
788	release moneys from the appropriate account or trust fund to a
789	district for preacquisition costs within 30 days after receipt
790	of a resolution adopted by the district's governing board which
791	identifies and justifies any such preacquisition costs necessary
792	for the purchase of any lands listed in the district's 5-year
793	work plan. The district shall return to the department any funds
794	not used for the purposes stated in the resolution, and the
795	department shall deposit the unused funds into the appropriate
796	account or trust fund.
797	(c) The Secretary of Environmental Protection shall
798	release acquisition moneys from the appropriate account or trust
799	fund to a district following receipt of a resolution adopted by
800	the governing board identifying the lands being acquired and
801	certifying that such acquisition is consistent with the 5-year
802	work plan of acquisition and other provisions of this section.
803	The governing board also shall provide to the Secretary of
804	Environmental Protection a copy of all certified appraisals used
805	to determine the value of the land to be purchased. Each parcel
806	to be acquired must have at least one appraisal. Two appraisals
807	are required when the estimated value of the parcel exceeds $1
808	million$500,000. However, when both appraisals exceed $1
809	million$500,000and differ significantly, a third appraisal may
810	be obtained. If the purchase price is greater than the appraisal
811	price, the governing board shall submit written justification
812	for the increased price. The Secretary of Environmental
813	Protection may withhold moneys for any purchase that is not
814	consistent with the 5-year plan or the intent of this section or
815	that is in excess of appraised value. The governing board may
816	appeal any denial to the Land and Water Adjudicatory Commission
817	pursuant to s. 373.114.
818	Section 13. Subsection (10) of section 373.59, Florida
819	Statutes, is amended to read:
820	373.59 Water Management Lands Trust Fund.--
821	(10)(a) Beginning July 1, 1999, not more than one-fourth
822	of the land managementfunds provided for in subsections (1) and
823	(8) in any year shall be reserved annually by a governing board,
824	during the development of its annual operating budget, for
825	payments in lieu of taxes for all actual tax losses incurred as
826	a result of governing board acquisitions for water management
827	districts pursuant to ss. 259.101, 259.105, and 373.470and this
828	section during any year. Reserved funds not used for payments in
829	lieu of taxes in any year shall revert to the Water Management
830	Lands Trust Fund to be used in accordance with the provisions of
831	this section.
832	(b) Payment in lieu of taxes shall be available:
833	1. To all counties that have a population of 150,000 or
834	fewer. Population levels shall be determined pursuant to s.
835	11.031.
836	2. To all local governments located in eligible counties
837	and whose lands are bought and taken off the tax rolls.
838
839	For properties acquired after January 1, 2000, in the event that
840	such properties otherwise eligible for payment in lieu of taxes
841	under this subsection are leased or reserved and remain subject
842	to ad valorem taxes, payments in lieu of taxes shall commence or
843	recommence upon the expiration or termination of the lease or
844	reservation, but in no event shall there be more than a total of
845	20tenannual payments in lieu of taxes for each tax loss. If
846	the lease is terminated for only a portion of the lands at any
847	time, the 20tenannual payments shall be made for that portion
848	only commencing the year after such termination, without
849	limiting the requirement that 20tenannual payments shall be
850	made on the remaining portion or portions of the land as the
851	lease on each expires. For the purposes of this subsection,
852	"local government" includes municipalities, the county school
853	board, mosquito control districts, and any other local
854	government entity which levies ad valorem taxes.
855	(c) If sufficient funds are unavailable in any year to
856	make full payments to all qualifying counties and local
857	governments, such counties and local governments shall receive a
858	pro rata share of the moneys available.
859	(d) The payment amount shall be based on the average
860	amount of actual taxes paid on the property for the 3 years
861	preceding acquisition. Applications for payment in lieu of taxes
862	shall be made no later than January 31 of the year following
863	acquisition. No payment in lieu of taxes shall be made for
864	properties which were exempt from ad valorem taxation for the
865	year immediately preceding acquisition.
866	(e)If property that was subject to ad valorem taxation
867	was acquired by a tax-exempt entity for ultimate conveyance to
868	the state under this chapter, payment in lieu of taxes shall be
869	made for such property based upon the average amount of taxes
870	paid on the property for the 3 years prior to its being removed
871	from the tax rolls. The water management districts shall certify
872	to the Department of Revenue those properties that may be
873	eligible under this provision. Once eligibility has been
874	established, that governmental entity shall receive 10
875	consecutive annual payments for each tax loss, and no further
876	eligibility determination shall be made during that period.
877	(f)(e)Payment in lieu of taxes pursuant to this
878	subsection shall be made annually to qualifying counties and
879	local governments after certification by the Department of
880	Revenue that the amounts applied for are reasonably appropriate,
881	based on the amount of actual taxes paid on the eligible
882	property, and after the water management districts have provided
883	supporting documents to the Comptroller and have requested that
884	payment be made in accordance with the requirements of this
885	section. On behalf of any local government requesting payment in
886	lieu of taxes, the water management district that acquired the
887	land is responsible for preparing and submitting application
888	requests for payment to the Department of Revenue for
889	certification.
890	(g)(f)If a water management district conveys to a county
891	or local government title to any land owned by the district, any
892	payments in lieu of taxes on the land made to the county or
893	local government shall be discontinued as of the date of the
894	conveyance.
895	(g) The districts may make retroactive payments to
896	counties and local governments that did not receive payments in
897	lieu of taxes for lands purchased under s. 259.101 and this
898	section during fiscal year 1999-2000 if the counties and local
899	governments would have received those payments under ss.
900	259.032(12) and 373.59(14).
901	Section 14. Section 373.5905, Florida Statutes, is amended
902	to read:
903	373.5905 Reinstitution of payments in lieu of taxes;
904	duration.--If the Department of Environmental Protection ora
905	water management district has made a payment in lieu of taxes to
906	a governmental entity and subsequently suspended such payment,
907	the department orwater management district shall reinstitute
908	appropriate payments and continue the payments in consecutive
909	years until the governmental entity has received a total of 20
910	10payments for each tax loss.
911	Section 15. In an exchange of lands contemplated between
912	the Board of Trustees and a local government for donated state
913	lands no longer needed for conservation purposes, lands proposed
914	for exchange by the state and the local government shall be
915	considered of equal value, and no further consideration shall be
916	required, provided that the donated land being offered for
917	exchange by the state is not greater than 200 acres, and
918	provided that the local government has been negotiating the
919	exchange of lands with the Division of State Lands for a period
920	of not less than 1 year. Notwithstanding the exchange and
921	surplusing requirements of chapters 253 and 259, Florida
922	Statutes, and the notice requirements of chapter 270, Florida
923	Statutes, the Board of Trustees shall exchange lands with a
924	local government under these provisions no later than August 15,
925	2003. Lands conveyed to a local government under these
926	provisions must be used for a public purpose. Deeds of
927	conveyance conveyed to a local government under these provisions
928	shall contain a reverter clause that automatically reverts title
929	to the Board of Trustees if the local government fails to use
930	the property for a public purpose.
931	Section 16. Notwithstanding any requirements of chapters
932	253 and 259, Florida Statutes, and the noticing requirements of
933	chapter 270, Florida Statutes, an exchange of lands between the
934	Board of Trustees and a private entity involving state-owned
935	lands that are formerly submerged sovereignty lands and which
936	are located in Section 23, Township 40 South, Range 32 East
937	shall be exchanged by August 31, 2003. Provided the land to be
938	exchanged by the state is not greater than 200 acres, is within
939	a rural county of critical economic concern, and is adjacent to
940	lands sold by the state to private interests, the exchange is
941	hereby mandated. Further, the private entity receiving title to
942	the lands described above must have been negotiating with the
943	state for a period of not less than 1 year, must have acquired
944	lands within a Florida Forever conservation project for exchange
945	to the state, and must own land adjacent to the subject state
946	parcel. This exchange must be value for value for the state;
947	therefore, the private party will pay to the state any funds
948	necessary to equalize value for the state.
949	Section 17. Sections 253.783 and 253.84, Florida Statutes,
950	are repealed.
951	Section 18. This act shall take effect July 1, 2003.
952
953	================= T I T L E A M E N D M E N T =================
954	Remove the entire title, and insert:
955	A bill to be entitled
956	An act relating to the acquisition and conservation of
957	lands; amending s. 253.025, F.S.; revising requirements
958	for appraisals when acquiring state lands; amending s.
959	253.03, F.S.; clarifying Department of Environmental
960	Protection authority regarding submerged land lease fees;
961	specifying lease fees; consolidating lease fee structure;
962	amending s. 253.034, F.S.; providing conditions under
963	which state-owned lands may be considered nonconservation
964	lands; revising requirements for land management plans for
965	conservation lands to be submitted to the Division of
966	State Lands; providing that land use plans for
967	nonconservation lands be submitted to the Division of
968	State Lands at least every 10 years; revising requirements
969	for the sale of surplus lands; authorizing the Division of
970	State Lands to determine the sale price of surplus lands;
971	providing the Board of Trustees with the authority to
972	adopt rules; directing the Division of State Lands to
973	prepare a state inventory of all federal lands and all
974	lands titled in the name of the state, a state agency, a
975	water management district, or a local government;
976	requiring the participation of counties in developing a
977	county inventory; providing conditions under which certain
978	lands must be made available for purchasing under the
979	state's land surplusing process; creating s. 253.0341,
980	F.S.; authorizing counties and local governments to submit
981	requests to surplus state lands directly to the Board of
982	Trustees; providing for an expedited surplusing process;
983	amending s. 253.42, F.S.; revising the circumstances under
984	which the Board of Trustees may directly exchange state-
985	owned lands; providing requirements for the exchange of
986	donated conservation lands; providing requirements for the
987	conveyance of donated nonconservation lands; providing
988	requirements for the exchange of other state-owned lands;
989	amending s. 253.7823, F.S.; revising requirements for the
990	disposition of former barge canal surplus lands; amending
991	s. 259.032, F.S.; revising requirements for updating land
992	management plans; eliminating the reversion of specified
993	funds for use in acquiring lands; requiring that state
994	agencies prepare and submit to the Department of Revenue
995	requests for certification of payment in lieu of taxes
996	applications from local governments; revising requirements
997	for payment in lieu of taxes; amending s. 259.0322, F.S.;
998	providing that payment in lieu of taxes payments shall be
999	made for 20 consecutive years; amending s. 259.036, F.S.;
1000	providing that land management review teams shall submit a
1001	10-year land management plan update to the Acquisition and
1002	Restoration Council; amending s. 259.041, F.S.; clarifying
1003	certain requirements regarding the acquisition of state-
1004	owned lands; providing circumstances under which the state
1005	may purchase lands in certain counties beginning in 2004;
1006	providing the Board of Trustees with the authority to
1007	adopt rules; amending s. 373.089, F.S.; providing
1008	conditions under which the water management districts must
1009	make district-owned lands available for purchase; amending
1010	s. 373.139, F.S.; repealing obsolete requirements;
1011	revising appraisal requirements based on estimated value
1012	of the parcel; amending s. 373.59, F.S.; revising
1013	provisions requiring that the water management districts
1014	may make payments in lieu of taxes from funds deposited
1015	into the Water Management Lands Trust Fund; providing for
1016	20 annual payments in lieu of taxes; amending s. 373.5905,
1017	F.S.; revising provisions requiring reinstitution of
1018	payments in lieu of taxes; authorizing the exchange of
1019	lands between the Board of Trustees of the Internal
1020	Improvement Trust Fund and a local government under
1021	certain conditions; providing purposes for which exchanged
1022	lands may be used; authorizing the exchange of lands
1023	between the Board of Trustees and a private entity under
1024	certain conditions; providing value for value exchange;
1025	repealing s. 253.783, F.S., providing for powers and
1026	duties of the department to acquire lands for the former
1027	barge canal project; repealing s. 253.84, F.S., providing
1028	for the acquisition of lands by the state of property
1029	containing cattle-dipping vats; providing an effective
1030	date.