Senate Bill sb2754c1

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    Florida Senate - 2003                           CS for SB 2754

    By the Committee on Natural Resources; and Senator Dockery





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  1                      A bill to be entitled

  2         An act relating to the acquisition and

  3         conservation of lands; amending s. 253.025,

  4         F.S.; revising requirements for appraisals when

  5         acquiring state lands; amending s. 253.034,

  6         F.S.; providing conditions under which

  7         state-owned lands may be considered

  8         nonconservation lands; revising requirements

  9         for land management plans for conservation

10         lands be submitted to the Division of State

11         Lands; providing that land use plans for

12         nonconservation lands be submitted to the

13         Division of State Lands at least every 10

14         years; revising requirements for the sale of

15         surplus lands; authorizing the Division of

16         State Lands to determine the sale price of

17         surplus lands; providing the Board of Trustees

18         of the Internal Improvement Trust Fund with the

19         authority to adopt rules; directing the

20         Division of State Lands to prepare a state

21         inventory of all federal lands, and all lands

22         titled in the name of the state, a state

23         agency, a water management district, or a local

24         government; requiring the participation of

25         counties in developing a county inventory;

26         creating s. 253.0341, F.S.; authorizing

27         counties and local governments to submit

28         requests to surplus state lands directly to the

29         board of trustees; providing for an expedited

30         surplusing process; amending s. 253.042, F.S.;

31         revising the circumstances under which the

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 1         board of trustees may directly exchange

 2         state-owned lands; providing requirements for

 3         the exchange of donated conservation lands;

 4         providing requirements for the conveyance of

 5         donated nonconservation lands; providing

 6         requirements for the exchange of other

 7         state-owned lands; amending s. 253.7823, F.S.;

 8         revising requirements for the disposition of

 9         former barge canal surplus lands; amending s.

10         259.032, F.S.; revising requirements for

11         updating land management plans; eliminating the

12         reversion of specified funds for use in

13         acquiring lands; requiring that state agencies

14         prepare and submit to the Department of Revenue

15         for certification application requests for

16         payment in lieu of taxes from local

17         governments; revising requirements for payment

18         in lieu of taxes; amending s. 259.0322, F.S.;

19         providing that payments in lieu of taxes be

20         made for 20 consecutive years; amending s.

21         259.036, F.S.; requiring land management review

22         teams to submit a 10-year land management plan

23         update to the Acquisition and Restoration

24         Council; amending s. 259.041, F.S.; clarifying

25         certain requirements regarding the acquisition

26         of state-owned lands; amending s. 373.139,

27         F.S.; repealing obsolete requirements; amending

28         s. 373.59, F.S.; revising provisions requiring

29         that the water management districts may make

30         payments in lieu of taxes from funds deposited

31         into the Water Management Lands Trust Fund;

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 1         providing for 20 annual payments in lieu of

 2         taxes; amending s. 373.5905, F.S.; revising

 3         provisions requiring reinstitution of payments

 4         in lieu of taxes; requiring the exchange of

 5         lands between the Board of Trustees of the

 6         Internal Improvement Trust Fund and a local

 7         government under certain conditions; providing

 8         purposes for which exchanged lands may be used;

 9         repealing s. 253.783, F.S., relating to powers

10         and duties of the department to acquire lands

11         for the former barge canal project; repealing

12         s. 253.84, F.S., relating to the acquisition of

13         lands by the state of property containing

14         cattle-dipping vats; repealing s. 259.0345,

15         F.S., relating to the Florida Forever Advisory

16         Council; providing an effective date.

17  

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

19  

20         Section 1.  Paragraph (a) of subsection (6) of section

21  253.025, Florida Statutes, is amended to read:

22         253.025  Acquisition of state lands for purposes other

23  than preservation, conservation, and recreation.--

24         (6)  Prior to negotiations with the parcel owner to

25  purchase land pursuant to this section, title to which will

26  vest in the board of trustees, an appraisal of the parcel

27  shall be required as follows:

28         (a)  Each parcel to be acquired shall have at least one

29  appraisal. Two appraisals are required when the estimated

30  value of the parcel first appraisal exceeds $1 million

31  $500,000. However, when the values of both appraisals exceed

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 1  $500,000 and differ significantly, a third appraisal may be

 2  obtained. When a parcel is estimated to be worth $100,000 or

 3  less and the director of the Division of State Lands finds

 4  that the cost of obtaining an outside appraisal is not

 5  justified, a comparable sales analysis or other reasonably

 6  prudent procedures may be used by the division to estimate the

 7  value of the parcel, provided the public's interest is

 8  reasonably protected. The state is not required to appraise

 9  the value of lands and appurtenances that are being donated to

10  the state. an appraisal prepared by the division may be used.

11         Section 2.  Subsections (2), (5), and (6) of section

12  253.034, Florida Statutes, are amended and subsections (8),

13  (9), (10), and (11) are renumbered as subsections (9), (10),

14  (11), and (12), respectively, and a new subsection (8) is

15  added to that section, to read:

16         253.034  State-owned lands; uses.--

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

18  have the following meanings:

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

20  coordinated management of timber, recreation, conservation of

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

22  habitat and other biological resources, or water resources so

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

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

25  land for some or all of these resources and giving

26  consideration to the relative values of the various resources.

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

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

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

30  require special protection or have special management needs.

31  Such buffers shall not exceed more than one-half of the total

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 1  acreage. Multiple uses within a buffer area may be restricted

 2  to provide the necessary buffering effect desired.  Multiple

 3  use in this context includes both uses of land or resources by

 4  more than one management entity, which may include private

 5  sector land managers.  In any case, lands identified as

 6  multiple-use lands in the land management plan shall be

 7  managed to enhance and conserve the lands and resources for

 8  the enjoyment of the people of the state.

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

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

11  the using entity shall have the option of including in its

12  management program compatible secondary purposes which will

13  not detract from or interfere with the primary management

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

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

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

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

18  preserves, wildlife management, archaeological or historic

19  sites, or wilderness areas where the maintenance of

20  essentially natural conditions is important.  All submerged

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

22  managed primarily for the maintenance of essentially natural

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

24  recreation, including hunting and fishing where deemed

25  appropriate by the managing entity.

26         (c)  "Conservation lands" means lands that are

27  currently managed for conservation, outdoor resource-based

28  recreation, or archaeological or historic preservation, except

29  those lands that were acquired solely to facilitate the

30  acquisition of other conservation lands.  Lands acquired for

31  uses other than conservation, outdoor resource-based

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 1  recreation, or archaeological or historic preservation shall

 2  not be designated conservation lands except as otherwise

 3  authorized under this section.  These lands shall include, but

 4  not be limited to, the following:  correction and detention

 5  facilities, military installations and facilities, state

 6  office buildings, maintenance yards, state university or state

 7  community college campuses, agricultural field stations or

 8  offices, tower sites, law enforcement and license facilities,

 9  laboratories, hospitals, clinics, and other sites that possess

10  no significant natural or historical resources.  However,

11  lands acquired solely to facilitate the acquisition of other

12  conservation lands, and for which the land management plan has

13  not yet been completed or updated, may be evaluated by the

14  Board of Trustees of the Internal Improvement Trust Fund on a

15  case-by-case basis to determine if they will be designated

16  conservation lands.

17  

18  Lands acquired by the state as a gift, through donation, or by

19  any other conveyance for which no consideration was paid, and

20  which are not managed for conservation, outdoor resource-based

21  recreation, or archaeological or historic preservation under a

22  land management plan approved by the board of trustees are not

23  conservation lands.

24         (5)  Each manager of conservation lands shall submit to

25  the Division of State Lands a land management plan at least

26  every 10 years in a form and manner prescribed by rule by the

27  board and in accordance with the provisions of s. 259.032.

28  Each manager of nonconservation lands shall submit to the

29  Division of State Lands a land use plan at least every 10

30  years in a form and manner prescribed by rule by the board.

31  The division shall review each plan for compliance with the

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 1  requirements of this subsection and the requirements of the

 2  rules established by the board pursuant to this section. All

 3  land use plans, whether for single-use or multiple-use

 4  properties, shall include an analysis of the property to

 5  determine if any significant natural or cultural resources are

 6  located on the property. Such resources include archaeological

 7  and historic sites, state and federally listed plant and

 8  animal species, and imperiled natural communities and unique

 9  natural features. If such resources occur on the property, the

10  manager shall consult with the Division of State Lands and

11  other appropriate agencies to develop management strategies to

12  protect such resources. Land use plans shall also provide for

13  the control of invasive nonnative plants and conservation of

14  soil and water resources, including a description of how the

15  manager plans to control and prevent soil erosion and soil or

16  water contamination. Land use plans submitted by a manager

17  shall include reference to appropriate statutory authority for

18  such use or uses and shall conform to the appropriate policies

19  and guidelines of the state land management plan. Plans for

20  managed areas larger than 1,000 acres shall contain an

21  analysis of the multiple-use potential of the property, which

22  analysis shall include the potential of the property to

23  generate revenues to enhance the management of the property.

24  Additionally, the plan shall contain an analysis of the

25  potential use of private land managers to facilitate the

26  restoration or management of these lands. In those cases where

27  a newly acquired property has a valid conservation plan that

28  was developed by a soil and conservation district, such plan

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

30  formal land use plan is completed. Each entity managing

31  conservation lands shall submit to the Division of State Lands

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 1  a land management plan at least every 5 years in a form and

 2  manner prescribed by rule by the board. All management plans,

 3  whether for single-use or multiple-use properties, shall

 4  specifically describe how the managing entity plans to

 5  identify, locate, protect and preserve, or otherwise use

 6  fragile nonrenewable resources, such as archaeological and

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

 8  endangered plant and animal species, and provide for the

 9  conservation of soil and water resources and for the control

10  and prevention of soil erosion. Land management plans

11  submitted by an entity shall include reference to appropriate

12  statutory authority for such use or uses and shall conform to

13  the appropriate policies and guidelines of the state land

14  management plan. All land management plans for parcels larger

15  than 1,000 acres shall contain an analysis of the multiple-use

16  potential of the parcel, which analysis shall include the

17  potential of the parcel to generate revenues to enhance the

18  management of the parcel. Additionally, the land management

19  plan shall contain an analysis of the potential use of private

20  land managers to facilitate the restoration or management of

21  these lands.  In those cases where a newly acquired property

22  has a valid conservation plan, the plan shall be used to guide

23  management of the property until a formal land management plan

24  is completed.

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

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

27  that exceed 160 acres in size. The council shall review each

28  plan for compliance with the requirements of this subsection,

29  the requirements of chapter 259, and the requirements of the

30  rules established by the board pursuant to this section.  The

31  council shall also consider the propriety of the

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 1  recommendations of the managing entity with regard to the

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

 3  nonrenewable resources, the potential for alternative or

 4  multiple uses not recognized by the managing entity, and the

 5  possibility of disposal of the property by the board. After

 6  its review, the council shall submit the plan, along with its

 7  recommendations and comments, to the board. The council shall

 8  specifically recommend to the board whether to approve the

 9  plan as submitted, approve the plan with modifications, or

10  reject the plan.

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

12  Trust Fund shall consider the land management plan submitted

13  by each entity and the recommendations of the council and the

14  Division of State Lands and shall approve the plan with or

15  without modification or reject such plan.  The use or

16  possession of any such lands that is not in accordance with an

17  approved land management plan is subject to termination by the

18  board.

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

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

21  vested in the board, may be surplused. For conservation lands,

22  the board shall make a determination that the lands are no

23  longer needed for conservation purposes and may dispose of

24  them by a two-thirds vote. In the case of a land exchange

25  involving the disposition of conservation lands, the board

26  must determine by at least a two-thirds vote that the exchange

27  will result in a net positive conservation benefit. For all

28  other lands, the board shall make a determination that the

29  lands are no longer needed and may dispose of them by majority

30  vote.

31  

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

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

 3  from the Preservation 2000 bonds, the Conservation and

 4  Recreation Lands Trust Fund, the Water Management Lands Trust

 5  Fund, Environmentally Endangered Lands Program, and the Save

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

 7  identified as core parcels or within original project

 8  boundaries, shall be deemed to have been acquired for

 9  conservation purposes.

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

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

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

13  having been acquired for conservation purposes.  No lands

14  acquired for use by the Department of Corrections, the

15  Department of Management Services for use as state offices,

16  the Department of Transportation, except those specifically

17  managed for conservation or recreation purposes, or the State

18  University System or the Florida Community College System

19  shall be designated as having been purchased for conservation

20  purposes.

21         (c)  At least every 5 years, as a component of each

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

23  prescribed by rule by the board, each management entity shall

24  evaluate and indicate to the board those lands that the entity

25  manages which are not being used for the purpose for which

26  they were originally leased. Such lands shall be reviewed by

27  the council for its recommendation as to whether such lands

28  should be disposed of by the board.

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

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

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

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 1  be reviewed by the council or its successor for its

 2  recommendation as to whether such lands should be disposed of

 3  by the board.

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

 5  lands, the Acquisition and Restoration Council shall review

 6  and make recommendations to the board concerning the request

 7  for surplusing. The council shall determine whether the

 8  request for surplusing is compatible with the resource values

 9  of and management objectives for such lands.

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

11  shall consider whether such lands would be more appropriately

12  owned or managed by the county or other unit of local

13  government in which the land is located. The council shall

14  recommend to the board whether a sale, lease, or other

15  conveyance to a local government would be in the best

16  interests of the state and local government. The provisions of

17  this paragraph in no way limit the provisions of ss. 253.111

18  and 253.115. Such lands shall be offered to the state, county,

19  or local government for a period of 30 days. Permittable uses

20  for such surplus lands may include public schools; public

21  libraries; fire or law enforcement substations; and

22  governmental, judicial, or recreational centers.  County or

23  local government requests for surplus lands shall be expedited

24  throughout the surplusing process. If the county or local

25  government does not elect to purchase such lands in accordance

26  with s. 253.111, then any surplusing determination involving

27  other governmental agencies shall be made upon the board

28  deciding the best public use of the lands. Surplus properties

29  in which governmental agencies have expressed no interest

30  shall then be available for sale on the private market.

31  

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 1         (g)  The sale price of lands determined to be surplus

 2  pursuant to this subsection shall be determined by the

 3  division and shall take into consideration an appraisal of the

 4  property, or, when the estimated value of the land is less

 5  than $100,000, a comparable sales analysis or a broker's

 6  opinion of value, and sold for appraised value or the price

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

 8  acquire the lands., whichever is greater, except when the

 9  board or its designee determines a different sale price is in

10  the public interest.  However, for those lands sold as surplus

11  to any unit of government, the price shall not exceed the

12  price paid by the state or a water management district to

13  originally acquire the lands. A unit of government that which

14  acquires title to lands hereunder for less than appraised

15  value may not sell or transfer title to all or any portion of

16  the lands to any private owner for a period of 10 years. Any

17  unit of government seeking to transfer or sell lands pursuant

18  to this paragraph shall first allow the board of trustees to

19  reacquire such lands for the price at which the board they

20  sold such lands.

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

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

23  where no monetary consideration was exchanged, the price of

24  land sold as surplus may be based on one appraisal. In the

25  event that a single appraisal yields a value equal to or

26  greater than $1 million, a second appraisal is required. The

27  individual or entity requesting the surplus shall select and

28  use appraisers from the list of approved appraisers maintained

29  by the Division of State Lands in accordance with s.

30  253.025(6)(b). The individual or entity requesting the surplus

31  is to incur all costs of the appraisals.

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 1         (i)  After reviewing the recommendations of the

 2  council, the board shall determine whether lands identified

 3  for surplus are to be held for other public purposes or

 4  whether such lands are no longer needed.  The board may

 5  require an agency to release its interest in such lands. For

 6  an agency that has requested the use of a property that was to

 7  be declared as surplus, said agency must have the property

 8  under lease within 6 months of the date of expiration of the

 9  notice provisions required under ss. 253.034(6) and 253.111.

10         (j)  Requests for surplusing may be made by any public

11  or private entity or person.  All requests shall be submitted

12  to the lead managing agency for review and recommendation to

13  the council or its successor.  Lead managing agencies shall

14  have 90 days to review such requests and make recommendations.

15  Any surplusing requests that have not been acted upon within

16  the 90-day time period shall be immediately scheduled for

17  hearing at the next regularly scheduled meeting of the council

18  or its successor. Requests for surplusing pursuant to this

19  paragraph shall not be required to be offered to local or

20  state governments as provided in paragraph (f).

21         (k)  Proceeds from any sale of surplus lands pursuant

22  to this subsection shall be deposited into the fund from which

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

24  lands were originally acquired no longer exists, such proceeds

25  shall be deposited into an appropriate account to be used for

26  land management by the lead managing agency assigned the lands

27  prior to the lands being declared surplus. Funds received from

28  the sale of surplus nonconservation lands, or lands that were

29  acquired by gift, by donation, or for no consideration, shall

30  be deposited into the Internal Improvement Trust Fund.

31  

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 1         (l)  Notwithstanding the provisions of this subsection,

 2  no such disposition of land shall be made if such disposition

 3  would have the effect of causing all or any portion of the

 4  interest on any revenue bonds issued to lose the exclusion

 5  from gross income for federal income tax purposes.

 6         (m)  The sale of filled, formerly submerged land that

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

 8  the council or its successor.

 9         (n)  The board may adopt rules to implement the

10  provisions of this section, which may include procedures for

11  administering surplus land requests and criteria for when the

12  division may approve requests to surplus nonconservation lands

13  on behalf of the board.

14         (8)  Notwithstanding other provisions of this section,

15  the Division of State Lands is directed to prepare a state

16  inventory of all federal lands and all lands titled in the

17  name of the state, a state agency, a water management

18  district, or a local government, on a county-by-county basis,

19  with the exception of rights-of-way for existing, proposed, or

20  anticipated transportation facilities. The division must

21  identify state or water management district lands purchased

22  with funds distributed according to the Florida Forever

23  Program, the Preservation 2000 Program, the Conservation and

24  Recreation Lands Program, the Environmentally Endangered Lands

25  Program, the Save Our Rivers Program, or the Save Our Coast

26  Program. To facilitate the development of the state inventory,

27  each county shall direct the appropriate county office with

28  authority over the information to provide the division with a

29  county inventory of all lands identified as federal lands and

30  lands titled in the name of the state, a state agency, a water

31  management district, or a local government.

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 1         Section 3.  Section 253.0341, Florida Statutes, is

 2  created to read:

 3         253.0341  Surplus of state-owned lands to counties or

 4  local governments.--Counties and local governments may submit

 5  surplusing requests for state-owned lands directly to the

 6  board of trustees, and the decision to surplus state-owned

 7  lands to a county or local government may be made by the board

 8  without a review of, or a recommendation on, the request from

 9  the Acquisition and Restoration Council or the Division of

10  State Lands. County or local government requests for the state

11  to surplus conservation or nonconservation lands, whether for

12  purchase or exchange, shall be expedited throughout the

13  surplusing process. Surplusing requests made by a county or

14  local government shall be considered by the board at the first

15  board meeting scheduled within 60 days after the board's

16  receipt of the request.

17         Section 4.  Section 253.42, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 253.42, F.S., for present text.)

21         253.42  Board of trustees may exchange lands.--The

22  provisions of this section apply to all lands owned by, vested

23  in, or titled in the name of the board whether the lands were

24  acquired by the state as a purchase, or through gift,

25  donation, or any other conveyance for which no consideration

26  was paid.

27         (1)  The Board of Trustees may exchange any lands owned

28  by, vested in, or titled in the name of the board for other

29  lands in the state owned by counties, local governments,

30  individuals, or private or public corporations, and may fix

31  the terms and conditions of any such exchange. Any

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 1  nonconservation lands that were acquired by the state through

 2  gift, donation, or any other conveyance for which no

 3  consideration was paid must first be offered at no cost to a

 4  county or local government unless otherwise provided in a deed

 5  restriction of record, and so long as the use proposed by the

 6  county or local government is for a public purpose. For

 7  conservation lands acquired by the state through gift,

 8  donation, or any other conveyance for which no consideration

 9  was paid, the state may request land of equal conservation

10  value from the county or local government but no other

11  consideration.

12         (2)  In exchanging state-owned lands not acquired by

13  the state through gift, donation, or any other conveyance for

14  which no consideration was paid, with counties or local

15  governments, the board may require an exchange of equal value.

16  Equal value is defined as the conservation value of the lands

17  being offered for exchange by a county or local government

18  being equal in conservation value to the state-owned lands, or

19  may be defined as the appraised value of the lands being

20  offered for exchange by a county or local government and

21  monetary compensation to equal the appraised value of the

22  state-owned land. Equal value under this subsection shall be

23  considered a net positive conservation benefit.

24         (3)  The board shall select and agree upon the state

25  lands to be exchanged and the lands to be conveyed to the

26  state and shall pay or receive any sum of money deemed

27  necessary by the board for the purpose of equalizing the value

28  of the exchanged property. The board is authorized to make and

29  enter into contracts or agreements for such purpose or

30  purposes.

31  

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 1         Section 5.  Section 253.7823, Florida Statutes, is

 2  amended to read:

 3         253.7823  Disposition of surplus lands; compensation of

 4  counties located within the Cross Florida Canal Navigation

 5  District.--

 6         (1)  The department may shall identify parcels of

 7  former barge canal lands that which may be sold or exchanged

 8  as needed to repay the counties of the Cross Florida Canal

 9  Navigation District any sums due them pursuant to s.

10  253.783(2)(e). In identifying said surplus lands, the

11  department shall give priority to consideration to lands

12  situated outside the greenways' boundaries, those lands not

13  having high recreation or conservation values, and those

14  having the greatest assessed valuations. Although the

15  department shall immediately begin to identify the parcels of

16  surplus lands to be sold, the department shall offer the lands

17  for sale in a manner designed to maximize the amounts received

18  over a reasonable period of time.

19         (2)  Disbursements of amounts due the counties shall be

20  made on a semiannual basis and shall be completed before any

21  additional lands or easements may be acquired within the

22  boundaries of the greenways.

23         (2)(3)  In addition to lands identified for sale to

24  generate funds for repayment of counties pursuant to s.

25  253.783(2)(e), The department is authorized to sell surplus

26  additional former canal lands if they are determined to be

27  unnecessary to the effective provision of the type of

28  recreational opportunities and conservation activities for

29  which the greenway was greenways were created.

30         (4)  Until repayment to the counties pursuant to s.

31  253.783(2)(e) has been completed, any agency wishing to use

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 1  former canal lands must pay the full assessed value of said

 2  lands.

 3         Section 6.  Paragraph (c) of subsection (10) and

 4  subsections (12), (13), and (16) of section 259.032, Florida

 5  Statutes, are amended to read:

 6         259.032  Conservation and Recreation Lands Trust Fund;

 7  purpose.--

 8         (10)

 9         (c)  Once a plan is adopted, the managing agency or

10  entity shall update the plan at least every 10 5 years in a

11  form and manner prescribed by rule of the board of trustees.

12  Such updates, for parcels over 160 acres, shall be developed

13  with input from an advisory group. Such plans may include

14  transfers of leasehold interests to appropriate conservation

15  organizations or governmental entities designated by the Land

16  Acquisition and Management Advisory Council or its successor,

17  for uses consistent with the purposes of the organizations and

18  the protection, preservation, conservation, restoration, and

19  proper management of the lands and their resources. Volunteer

20  management assistance is encouraged, including, but not

21  limited to, assistance by youths participating in programs

22  sponsored by state or local agencies, by volunteers sponsored

23  by environmental or civic organizations, and by individuals

24  participating in programs for committed delinquents and

25  adults.

26         (12)(a)  Beginning July 1, 1999, the Legislature shall

27  make available sufficient funds annually from the Conservation

28  and Recreation Lands Trust Fund to the department for payment

29  in lieu of taxes to qualifying counties and local governments

30  as defined in paragraph (b) for all actual tax losses incurred

31  as a result of board of trustees acquisitions for state

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 1  agencies under the Florida Forever program or the Florida

 2  Preservation 2000 program during any year. Reserved funds not

 3  used for payments in lieu of taxes in any year shall revert to

 4  the fund to be used for land acquisition in accordance with

 5  the provisions of this section.

 6         (b)  Payment in lieu of taxes shall be available:

 7         1.  To all counties that have a population of 150,000

 8  or fewer. Population levels shall be determined pursuant to s.

 9  11.031.

10         2.  To all local governments located in eligible

11  counties.

12         3.  To Glades County, where a privately owned and

13  operated prison leased to the state has recently been opened

14  and where privately owned and operated juvenile justice

15  facilities leased to the state have recently been constructed

16  and opened, a payment in lieu of taxes, in an amount that

17  offsets the loss of property tax revenue, which funds have

18  already been appropriated and allocated from the Department of

19  Correction's budget for the purpose of reimbursing amounts

20  equal to lost ad valorem taxes.

21  

22  Counties and local governments that did not receive payments

23  in lieu of taxes for lands purchased pursuant to s. 259.101

24  during fiscal year 1999-2000, if such counties and local

25  governments would have received payments pursuant to this

26  subsection as that section existed on June 30, 1999, shall

27  receive retroactive payments for such tax losses.

28         (c)  If insufficient funds are available in any year to

29  make full payments to all qualifying counties and local

30  governments, such counties and local governments shall receive

31  a pro rata share of the moneys available.

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 1         (d)  The payment amount shall be based on the average

 2  amount of actual taxes paid on the property for the 3 years

 3  preceding acquisition. Applications for payment in lieu of

 4  taxes shall be made no later than January 31 of the year

 5  following acquisition. No payment in lieu of taxes shall be

 6  made for properties which were exempt from ad valorem taxation

 7  for the year immediately preceding acquisition.

 8         (e)  If property which was subject to ad valorem

 9  taxation was acquired by a tax-exempt entity for ultimate

10  conveyance to the state under this chapter, payment in lieu of

11  taxes shall be made for such property based upon the average

12  amount of taxes paid on the property for the 3 years prior to

13  its being removed from the tax rolls. The department shall

14  certify to the Department of Revenue those properties that may

15  be eligible under this provision. Once eligibility has been

16  established, that county or local government shall receive 10

17  consecutive annual payments for each tax loss, and no further

18  eligibility determination shall be made during that period.

19         (f)(e)  Payment in lieu of taxes pursuant to this

20  subsection shall be made annually to qualifying counties and

21  local governments after certification by the Department of

22  Revenue that the amounts applied for are reasonably

23  appropriate, based on the amount of actual taxes paid on the

24  eligible property. On behalf of any local government

25  requesting payment in lieu of taxes, the state agency that

26  acquired the land is responsible for preparing and submitting

27  application requests for payment to the Department of Revenue

28  for certification, and after the Department of Environmental

29  Protection has provided supporting documents to the

30  Comptroller and has requested that payment be made in

31  accordance with the requirements of this section.

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 1         (g)(f)  If the board of trustees conveys to a local

 2  government title to any land owned by the board, any payments

 3  in lieu of taxes on the land made to the local government

 4  shall be discontinued as of the date of the conveyance.

 5  

 6  For the purposes of this subsection, "local government"

 7  includes municipalities, the county school board, mosquito

 8  control districts, and any other local government entity which

 9  levies ad valorem taxes, with the exception of a water

10  management district.

11         (13)  Moneys credited to the fund each year which are

12  not used for management, maintenance, or capital improvements

13  pursuant to subsection (11),; for payment in lieu of taxes

14  pursuant to subsection (12); or for the purposes of subsection

15  (5), shall be available for the acquisition of land pursuant

16  to this section.

17         (16)  Notwithstanding other provisions of law relating

18  to the purpose of the Conservation and Recreation Lands Trust

19  Fund, and for the 2002-2003 fiscal year only, the purposes of

20  the trust fund shall include funding issues provided in the

21  General Appropriations Act. This subsection expires July 1,

22  2003.

23         Section 7.  Section 259.0322, Florida Statutes, is

24  amended to read:

25         259.0322  Reinstitution of payments in lieu of taxes;

26  duration.--If the Department of Environmental Protection or a

27  water management district has made a payment in lieu of taxes

28  to a governmental entity and subsequently suspended such

29  payment, the department or water management district shall

30  reinstitute appropriate payments and continue the payments in

31  

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 1  consecutive years until the governmental entity has received a

 2  total of 20 10 payments for each tax loss.

 3         Section 8.  Subsection (2) of section 259.036, Florida

 4  Statutes, is amended to read:

 5         259.036  Management review teams.--

 6         (2)  The land management review team shall review

 7  select management areas parcels of managed land prior to the

 8  date the manager managing agency is required to submit a

 9  10-year its 5-year land management plan update. For management

10  areas that exceed 1,000 acres in size, the Division of State

11  Lands shall schedule a land management review at least every 5

12  years. A copy of the review shall be provided to the manager

13  managing agency, the Division of State Lands, and the

14  Acquisition and Restoration Council Land Acquisition and

15  Management Advisory Council or its successor.  The manager

16  managing agency shall consider the findings and

17  recommendations of the land management review team in

18  finalizing the required 10-year 5-year update of its

19  management plan.

20         Section 9.  Subsection (1) of section 259.041, Florida

21  Statutes, is amended to read:

22         259.041  Acquisition of state-owned lands for

23  preservation, conservation, and recreation purposes.--

24         (1)  Neither the Board of Trustees of the Internal

25  Improvement Trust Fund nor its duly authorized agent shall

26  commit the state, through any instrument of negotiated

27  contract or agreement for purchase, to the purchase of lands

28  with or without appurtenances unless the provisions of this

29  section have been fully complied with. Except for the

30  requirements of subsections (3), (14), and (15), the board of

31  trustees may waive any requirements of this section, may waive

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 1  any rules adopted pursuant to this section, notwithstanding

 2  chapter 120, However, the board of trustees may waive any

 3  requirement of this section, except the requirements of

 4  subsections (3), (14), and (15); or, notwithstanding chapter

 5  120, may waive any rules adopted pursuant to this section,

 6  except rules adopted pursuant to subsections (3), (14), and

 7  (15); or may substitute other reasonably prudent procedures,

 8  provided the public's interest is reasonably protected. The

 9  title to lands acquired pursuant to this section shall vest in

10  the board of trustees as provided in s. 253.03(1), unless

11  otherwise provided by law, and. all such titled lands, title

12  to which is vested in the board of trustees pursuant to this

13  section, shall be administered pursuant to the provisions of

14  s. 253.03.

15         Section 10.  Paragraph (a) of subsection (3) of section

16  373.139, Florida Statutes, is amended to read:

17         373.139  Acquisition of real property.--

18         (3)  The initial 5-year work plan and any subsequent

19  modifications or additions thereto shall be adopted by each

20  water management district after a public hearing. Each water

21  management district shall provide at least 14 days' advance

22  notice of the hearing date and shall separately notify each

23  county commission within which a proposed work plan project or

24  project modification or addition is located of the hearing

25  date.

26         (a)  Appraisal reports, offers, and counteroffers are

27  confidential and exempt from the provisions of s. 119.07(1)

28  until an option contract is executed or, if no option contract

29  is executed, until 30 days before a contract or agreement for

30  purchase is considered for approval by the governing board.

31  However, each district may, at its discretion, disclose

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 1  appraisal reports to private landowners during negotiations

 2  for acquisitions using alternatives to fee simple techniques,

 3  if the district determines that disclosure of such reports

 4  will bring the proposed acquisition to closure. In the event

 5  that negotiation is terminated by the district, the title

 6  information, appraisal report, offers, and counteroffers shall

 7  become available pursuant to s. 119.07(1). Notwithstanding the

 8  provisions of this section and s. 259.041, a district and the

 9  Division of State Lands may share and disclose title

10  information, appraisal reports, appraisal information, offers,

11  and counteroffers when joint acquisition of property is

12  contemplated. A district and the Division of State Lands shall

13  maintain the confidentiality of such title information,

14  appraisal reports, appraisal information, offers, and

15  counteroffers in conformance with this section and s. 259.041,

16  except in those cases in which a district and the division

17  have exercised discretion to disclose such information. A

18  district may disclose appraisal information, offers, and

19  counteroffers to a third party who has entered into a

20  contractual agreement with the district to work with or on the

21  behalf of or to assist the district in connection with land

22  acquisitions. The third party shall maintain the

23  confidentiality of such information in conformance with this

24  section. In addition, a district may use, as its own,

25  appraisals obtained by a third party provided the appraiser is

26  selected from the district's list of approved appraisers and

27  the appraisal is reviewed and approved by the district.

28         Section 11.  Subsection (10) of section 373.59, Florida

29  Statutes, is amended to read:

30         373.59  Water Management Lands Trust Fund.--

31  

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 1         (10)(a)  Beginning July 1, 1999, not more than

 2  one-fourth of the land management funds provided for in

 3  subsections (1) and (8) in any year shall be reserved annually

 4  by a governing board, during the development of its annual

 5  operating budget, for payments in lieu of taxes for all actual

 6  tax losses incurred as a result of governing board

 7  acquisitions for water management districts pursuant to ss.

 8  259.101, 259.105, 373.470, and this section during any year.

 9  Reserved funds not used for payments in lieu of taxes in any

10  year shall revert to the Water Management Lands Trust Fund to

11  be used in accordance with the provisions of this section.

12         (b)  Payment in lieu of taxes shall be available:

13         1.  To all counties that have a population of 150,000

14  or fewer. Population levels shall be determined pursuant to s.

15  11.031.

16         2.  To all local governments located in eligible

17  counties and whose lands are bought and taken off the tax

18  rolls.

19  

20  For properties acquired after January 1, 2000, in the event

21  that such properties otherwise eligible for payment in lieu of

22  taxes under this subsection are leased or reserved and remain

23  subject to ad valorem taxes, payments in lieu of taxes shall

24  commence or recommence upon the expiration or termination of

25  the lease or reservation, but in no event shall there be more

26  than a total of 20 ten annual payments in lieu of taxes for

27  each tax loss. If the lease is terminated for only a portion

28  of the lands at any time, the 20 ten annual payments shall be

29  made for that portion only commencing the year after such

30  termination, without limiting the requirement that 20 ten

31  annual payments shall be made on the remaining portion or

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 1  portions of the land as the lease on each expires. For the

 2  purposes of this subsection, "local government" includes

 3  municipalities, the county school board, mosquito control

 4  districts, and any other local government entity which levies

 5  ad valorem taxes.

 6         (c)  If sufficient funds are unavailable in any year to

 7  make full payments to all qualifying counties and local

 8  governments, such counties and local governments shall receive

 9  a pro rata share of the moneys available.

10         (d)  The payment amount shall be based on the average

11  amount of actual taxes paid on the property for the 3 years

12  preceding acquisition. Applications for payment in lieu of

13  taxes shall be made no later than January 31 of the year

14  following acquisition. No payment in lieu of taxes shall be

15  made for properties which were exempt from ad valorem taxation

16  for the year immediately preceding acquisition.

17         (e)  If property that was subject to ad valorem

18  taxation was acquired by a tax-exempt entity for ultimate

19  conveyance to the state under this chapter, payment in lieu of

20  taxes shall be made for such property based upon the average

21  amount of taxes paid on the property for the 3 years prior to

22  its being removed from the tax rolls. The water management

23  districts shall certify to the Department of Revenue those

24  properties that may be eligible under this provision. Once

25  eligibility has been established, that governmental entity

26  shall receive 10 consecutive annual payments for each tax

27  loss, and no further eligibility determination shall be made

28  during that period.

29         (f)(e)  Payment in lieu of taxes pursuant to this

30  subsection shall be made annually to qualifying counties and

31  local governments after certification by the Department of

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 1  Revenue that the amounts applied for are reasonably

 2  appropriate, based on the amount of actual taxes paid on the

 3  eligible property, and after the water management districts

 4  have provided supporting documents to the Comptroller and have

 5  requested that payment be made in accordance with the

 6  requirements of this section. On behalf of any local

 7  government requesting payment in lieu of taxes, the water

 8  management district that acquired the land is responsible for

 9  preparing and submitting application requests for payment to

10  the Department of Revenue for certification.

11         (g)(f)  If a water management district conveys to a

12  county or local government title to any land owned by the

13  district, any payments in lieu of taxes on the land made to

14  the county or local government shall be discontinued as of the

15  date of the conveyance.

16         (g)  The districts may make retroactive payments to

17  counties and local governments that did not receive payments

18  in lieu of taxes for lands purchased under s. 259.101 and this

19  section during fiscal year 1999-2000 if the counties and local

20  governments would have received those payments under ss.

21  259.032(12) and 373.59(14).

22         Section 12.  Section 373.5905, Florida Statutes, is

23  amended to read:

24         373.5905  Reinstitution of payments in lieu of taxes;

25  duration.--If the Department of Environmental Protection or a

26  water management district has made a payment in lieu of taxes

27  to a governmental entity and subsequently suspended such

28  payment, the department or water management district shall

29  reinstitute appropriate payments and continue the payments in

30  consecutive years until the governmental entity has received a

31  total of 20 10 payments for each tax loss.

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 1         Section 13.  In an exchange of lands contemplated

 2  between the Board of Trustees of the Internal Improvement

 3  Trust Fund and a local government for donated state lands no

 4  longer needed for conservation purposes, lands proposed for

 5  exchange by the state and the local government shall be

 6  considered of equal value and no further consideration shall

 7  be required, provided that the donated land being offered for

 8  exchange by the state is not greater than 200 acres, and

 9  provided that the local government has been negotiating the

10  exchange of lands with the Division of State Lands of the

11  Department of Environmental Protection for a period of not

12  less than 1 year. Notwithstanding the exchange and surplusing

13  requirements of chapters 253 and 259, Florida Statutes, and

14  the notice requirements of chapter 270, Florida Statutes, the

15  board of trustees shall exchange lands with a local government

16  under these provisions no later than August 15, 2003. Lands

17  conveyed to a local government under these provisions must be

18  used for a public purpose. Deeds of conveyance conveyed to a

19  local government under these provisions shall contain a

20  reverter clause that automatically reverts title to the board

21  of trustees if the local government fails to use the property

22  for a public purpose.

23         Section 14.  Sections 253.783, 253.84, and 259.0345,

24  Florida Statutes, are repealed.

25         Section 15.  This act shall take effect July 1, 2003.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2754

 3                                 

 4  The committee substitute simplifies land acquisition and land
    management responsibilities for lands purchased and managed
 5  under the state's land acquisition programs.  Revisions are
    made to appraisal requirements for properties valued in excess
 6  of $1 million.  A 10-year land management planning process for
    conservation lands, and a 10-year land use planning process
 7  for nonconservation lands are established.  The committee
    substitute provides that the Division of State Lands at the
 8  Department of Environmental Protection shall determine the
    sale price of surplus lands, and eliminates provisions
 9  requiring the sale of surplus state lands to units of local
    government at no more than the original price paid by the
10  state or a water management district.

11  The committee substitute requires that the Division of State
    Lands begin preparing a state inventory identifying all
12  federal lands, and all lands titled in the name of the state,
    a state agency, a water management districts, or a local
13  government on a county-by-county basis.  Payments to local
    governments under the PILT program are extended to 20 years.
14  The committee substitute creates an expedited surplusing
    process for local governments, and a new process for the
15  exchange of donated state lands to local governments. The
    Board of Trustees of the Internal Improvement Trust Fund is
16  required to execute an agreement to exchange lands with a
    local government under certain conditions and by a date
17  certain.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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