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