Senate Bill sb2754e1

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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         providing conditions under which certain lands

27         may be made available for purchase under the

28         state's land surplusing process; creating s.

29         253.0341, F.S.; authorizing counties and local

30         governments to submit requests to surplus state

31         lands directly to the board of trustees;


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 1         providing for an expedited surplusing process;

 2         amending s. 253.042, F.S.; revising the

 3         circumstances under which the board of trustees

 4         may directly exchange state-owned lands;

 5         providing requirements for the exchange of

 6         donated conservation lands; providing

 7         requirements for the conveyance of donated

 8         nonconservation lands; providing requirements

 9         for the exchange of other state-owned lands;

10         amending s. 253.7823, F.S.; revising

11         requirements for the disposition of former

12         barge canal surplus lands; amending s. 259.032,

13         F.S.; revising requirements for updating land

14         management plans; revising provisions allowing

15         the use of reverted funds; requiring that state

16         agencies prepare and submit to the Department

17         of Revenue for certification application

18         requests for payment in lieu of taxes from

19         local governments; revising requirements for

20         payment in lieu of taxes; amending s. 259.0322,

21         F.S.; providing that payments in lieu of taxes

22         be made for 20 consecutive years; amending s.

23         259.036, F.S.; requiring land management review

24         teams to submit a 10-year land management plan

25         update to the Acquisition and Restoration

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

27         certain requirements regarding the acquisition

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

29         F.S.; repealing obsolete requirements; revising

30         requirements for appraisals when acquiring

31         water management district lands; amending s.


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 1         373.59, F.S.; revising provisions requiring

 2         payments in lieu of taxes from funds deposited

 3         into the Water Management Lands Trust Fund;

 4         amending s. 373.5905, F.S.; revising provisions

 5         requiring reinstitution of payments in lieu of

 6         taxes; amending s. 260.016, F.S.; revising

 7         powers of the department in evaluating lands

 8         for acquisition of greenways and trails;

 9         requiring the exchange of lands between the

10         Board of Trustees of the Internal Improvement

11         Trust Fund and a local government under certain

12         conditions; providing purposes for which

13         exchanged lands may be used; requiring the

14         exchange of lands between the Board of Trustees

15         of the Internal Improvement Trust Fund and a

16         private entity by July 1, 2003; repealing s.

17         253.84, F.S., relating to the acquisition of

18         lands containing cattle-dipping vats; repealing

19         s. 259.0345, F.S., relating to the Florida

20         Forever Advisory Council; providing an

21         effective date.

22  

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

24  

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

26  253.025, Florida Statutes, is amended to read:

27         253.025  Acquisition of state lands for purposes other

28  than preservation, conservation, and recreation.--

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

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

31  


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

 2  shall be required as follows:

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

 4  appraisal. Two appraisals are required when the estimated

 5  value of the parcel first appraisal exceeds $1 million

 6  $500,000. However, when the values of both appraisals exceed

 7  $500,000 and differ significantly, a third appraisal may be

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

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

10  that the cost of obtaining an outside appraisal is not

11  justified, a comparable sales analysis or other reasonably

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

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

14  reasonably protected. The state is not required to appraise

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

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

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

18  253.034, Florida Statutes, are amended and subsections (8),

19  (9), (10), and (11) are renumbered as subsections (9), (10),

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

21  added to that section, to read:

22         253.034  State-owned lands; uses.--

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

24  have the following meanings:

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

26  coordinated management of timber, recreation, conservation of

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

28  habitat and other biological resources, or water resources so

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

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

31  land for some or all of these resources and giving


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 1  consideration to the relative values of the various resources.

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

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

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

 5  require special protection or have special management needs.

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

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

 8  to provide the necessary buffering effect desired.  Multiple

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

10  more than one management entity, which may include private

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

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

13  managed to enhance and conserve the lands and resources for

14  the enjoyment of the people of the state.

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

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

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

18  management program compatible secondary purposes which will

19  not detract from or interfere with the primary management

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

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

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

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

24  preserves, wildlife management, archaeological or historic

25  sites, or wilderness areas where the maintenance of

26  essentially natural conditions is important.  All submerged

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

28  managed primarily for the maintenance of essentially natural

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

30  recreation, including hunting and fishing where deemed

31  appropriate by the managing entity.


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

 2  currently managed for conservation, outdoor resource-based

 3  recreation, or archaeological or historic preservation, except

 4  those lands that were acquired solely to facilitate the

 5  acquisition of other conservation lands.  Lands acquired for

 6  uses other than conservation, outdoor resource-based

 7  recreation, or archaeological or historic preservation shall

 8  not be designated conservation lands except as otherwise

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

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

11  facilities, military installations and facilities, state

12  office buildings, maintenance yards, state university or state

13  community college campuses, agricultural field stations or

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

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

16  no significant natural or historical resources.  However,

17  lands acquired solely to facilitate the acquisition of other

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

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

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

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

22  conservation lands.

23  

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

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

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

27  recreation, or archaeological or historic preservation under a

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

29  conservation lands.

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

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


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

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

 3  Each manager of conservation lands shall also update a land

 4  management plan whenever the manager proposes to add new

 5  facilities or make substantive land use or management changes

 6  that were not addressed in the approved plan, or within one

 7  year of the addition of significant new lands. Each manager of

 8  nonconservation lands shall submit to the Division of State

 9  Lands a land use plan at least every 10 years in a form and

10  manner prescribed by rule by the board. The division shall

11  review each plan for compliance with the requirements of this

12  subsection and the requirements of the rules established by

13  the board pursuant to this section. All land use plans,

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

15  include an analysis of the property to determine if any

16  significant natural or cultural resources are located on the

17  property. Such resources include archaeological and historic

18  sites, state and federally listed plant and animal species,

19  and imperiled natural communities and unique natural features.

20  If such resources occur on the property, the manager shall

21  consult with the Division of State Lands and other appropriate

22  agencies to develop management strategies to protect such

23  resources. Land use plans shall also provide for the control

24  of invasive nonnative plants and conservation of soil and

25  water resources, including a description of how the manager

26  plans to control and prevent soil erosion and soil or water

27  contamination. Land use plans submitted by a manager shall

28  include reference to appropriate statutory authority for such

29  use or uses and shall conform to the appropriate policies and

30  guidelines of the state land management plan. Plans for

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


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

 2  analysis shall include the potential of the property to

 3  generate revenues to enhance the management of the property.

 4  Additionally, the plan shall contain an analysis of the

 5  potential use of private land managers to facilitate the

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

 7  a newly acquired property has a valid conservation plan that

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

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

10  formal land use plan is completed. Each entity managing

11  conservation lands shall submit to the Division of State Lands

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

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

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

15  specifically describe how the managing entity plans to

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

17  fragile nonrenewable resources, such as archaeological and

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

19  endangered plant and animal species, and provide for the

20  conservation of soil and water resources and for the control

21  and prevention of soil erosion. Land management plans

22  submitted by an entity shall include reference to appropriate

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

24  the appropriate policies and guidelines of the state land

25  management plan. All land management plans for parcels larger

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

27  potential of the parcel, which analysis shall include the

28  potential of the parcel to generate revenues to enhance the

29  management of the parcel. Additionally, the land management

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

31  land managers to facilitate the restoration or management of


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

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

 3  management of the property until a formal land management plan

 4  is completed.

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

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

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

 8  plan for compliance with the requirements of this subsection,

 9  the requirements of chapter 259, and the requirements of the

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

11  council shall also consider the propriety of the

12  recommendations of the managing entity with regard to the

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

14  nonrenewable resources, the potential for alternative or

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

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

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

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

19  specifically recommend to the board whether to approve the

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

21  reject the plan.

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

23  Trust Fund shall consider the land management plan submitted

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

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

26  without modification or reject such plan.  The use or

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

28  approved land management plan is subject to termination by the

29  board.

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

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


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

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

 3  longer needed for conservation purposes and may dispose of

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

 5  involving the disposition of conservation lands, the board

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

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

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

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

10  vote.

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

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

13  from the Preservation 2000 bonds, the Conservation and

14  Recreation Lands Trust Fund, the Water Management Lands Trust

15  Fund, Environmentally Endangered Lands Program, and the Save

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

17  identified as core parcels or within original project

18  boundaries, shall be deemed to have been acquired for

19  conservation purposes.

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

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

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

23  having been acquired for conservation purposes.  No lands

24  acquired for use by the Department of Corrections, the

25  Department of Management Services for use as state offices,

26  the Department of Transportation, except those specifically

27  managed for conservation or recreation purposes, or the State

28  University System or the Florida Community College System

29  shall be designated as having been purchased for conservation

30  purposes.

31  


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 1         (c)  At least every 10 5 years, as a component of each

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

 3  prescribed by rule by the board, each manager management

 4  entity shall evaluate and indicate to the board those lands

 5  that the entity manages which are not being used for the

 6  purpose for which they were originally leased. For

 7  conservation lands, the council shall review and shall

 8  recommend to the board whether such lands should be retained

 9  in public ownership or disposed of by the board. For

10  nonconservation lands, the division shall review such lands

11  and shall recommend to the board whether such lands should be

12  retained in public ownership or disposed of by the board. Such

13  lands shall be reviewed by the council for its recommendation

14  as to whether such lands should be disposed of by the board.

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

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

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

18  be reviewed by the council or its successor for its

19  recommendation as to whether such lands should be disposed of

20  by the board.

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

22  lands, the Acquisition and Restoration Council shall review

23  and make recommendations to the board concerning the request

24  for surplusing. The council shall determine whether the

25  request for surplusing is compatible with the resource values

26  of and management objectives for such lands.

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

28  shall consider whether such lands would be more appropriately

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

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

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


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 1  conveyance to a local government would be in the best

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

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

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

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

 6  for such surplus lands may include public schools; public

 7  libraries; fire or law enforcement substations; and

 8  governmental, judicial, or recreational centers.  County or

 9  local government requests for surplus lands shall be expedited

10  throughout the surplusing process. If the county or local

11  government does not elect to purchase such lands in accordance

12  with s. 253.111, then any surplusing determination involving

13  other governmental agencies shall be made upon the board

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

15  in which governmental agencies have expressed no interest

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

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

18  pursuant to this subsection shall be determined by the

19  division and shall take into consideration an appraisal of the

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

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

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

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

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

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

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

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

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

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

30  acquires title to lands hereunder for less than appraised

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


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

 2  unit of government seeking to transfer or sell lands pursuant

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

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

 5  sold such lands.

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

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

 8  where no monetary consideration was exchanged, the price of

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

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

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

12  individual or entity requesting the surplus shall select and

13  use appraisers from the list of approved appraisers maintained

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

15  253.025(6)(b). The individual or entity requesting the surplus

16  is to incur all costs of the appraisals.

17         (i)  After reviewing the recommendations of the

18  council, the board shall determine whether lands identified

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

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

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

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

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

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

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

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

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

28  to the lead managing agency for review and recommendation to

29  the council or its successor.  Lead managing agencies shall

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

31  Any surplusing requests that have not been acted upon within


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

 2  hearing at the next regularly scheduled meeting of the council

 3  or its successor. Requests for surplusing pursuant to this

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

 5  state governments as provided in paragraph (f).

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

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

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

 9  lands were originally acquired no longer exists, such proceeds

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

11  land management by the lead managing agency assigned the lands

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

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

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

15  be deposited into the Internal Improvement Trust Fund.

16         (l)  Notwithstanding the provisions of this subsection,

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

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

19  interest on any revenue bonds issued to lose the exclusion

20  from gross income for federal income tax purposes.

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

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

23  the council or its successor.

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

25  provisions of this section, which may include procedures for

26  administering surplus land requests and criteria for when the

27  division may approve requests to surplus nonconservation lands

28  on behalf of the board.

29         (8)(a)  Notwithstanding other provisions of this

30  section, the Division of State Lands is directed to prepare a

31  state inventory of all federal lands and all lands titled in


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

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

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

 4  anticipated transportation facilities. The division must

 5  identify state or water management district lands purchased

 6  with funds distributed according to the Florida Forever

 7  Program, the Preservation 2000 Program, the Conservation and

 8  Recreation Lands Program, the Environmentally Endangered Lands

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

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

11  each county shall direct the appropriate county office with

12  authority over the information to provide the division with a

13  county inventory of all lands identified as federal lands and

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

15  management district, or a local government.

16         (b)  The state inventory must distinguish between lands

17  purchased by the state or a water management district as part

18  of a core parcel or within original project boundaries, as

19  those terms are used to meet the surplus requirements of

20  subsection (6), and lands purchased by the state, a state

21  agency, or a water management district which were not

22  essential or necessary to meet the conservation purposes of

23  the programs which funded the acquisition.

24         (c)  In any county in which more than 50 percent of the

25  lands within the county boundary are federal lands or lands

26  titled in the name of the state, a state agency, a water

27  management district, or a local government, those lands titled

28  in the name of the state or a state agency that were purchased

29  using funds from any program identified in paragraph (a) and

30  that are not essential or necessary to meet the original

31  purposes of the program under which they were acquired may,


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 1  upon request of a public or private entity, be made available

 2  for purchase through the state's surplusing process. Priority

 3  consideration shall be given to buyers, public or private,

 4  willing to return the property to productive use so long as

 5  the property can be reentered onto the county ad valorem tax

 6  roll. Property acquired with matching funds from a local

 7  government shall not be made available for purchase without

 8  the consent of said local government.

 9         Section 3.  Section 253.0341, Florida Statutes, is

10  created to read:

11         253.0341  Surplus of state-owned lands to counties or

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

13  surplusing requests for state-owned lands directly to the

14  board of trustees. County or local government requests for the

15  state to surplus conservation or nonconservation lands,

16  whether for purchase or exchange, shall be expedited

17  throughout the surplusing process. Property jointly acquired

18  by the state and other entities shall not be surplused without

19  the consent of all joint owners.

20         (1)  The decision to surplus state-owned

21  nonconservation lands may be made by the board without a

22  review of, or a recommendation on, the request from the

23  Acquisition and Restoration Council or the Division of State

24  Lands. Such requests for nonconservation lands shall be

25  considered by the board within 60 days of the board's receipt

26  of the request.

27         (2)  County or local government requests for the

28  surplusing of state-owned conservation lands are subject to

29  review of and recommendation on the request to the board by

30  the Acquisition and Restoration Council. Requests to surplus

31  


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 1  conservation lands shall be considered by the board within 120

 2  days of the board's receipt of the request.

 3         Section 4.  Section 253.42, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

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

 7         253.42  Board of trustees may exchange lands.--The

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

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

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

11  donation, or any other conveyance for which no consideration

12  was paid.

13         (1)  The board of trustees may exchange any lands owned

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

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

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

17  the terms and conditions of any such exchange. Any

18  nonconservation lands that were acquired by the state through

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

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

21  county or local government unless otherwise provided in a deed

22  restriction of record or other legal impediment, and so long

23  as the use proposed by the county or local government is for a

24  public purpose. For conservation lands acquired by the state

25  through gift, donation, or any other conveyance for which no

26  consideration was paid, the state may request land of equal

27  conservation value from the county or local government but no

28  other consideration.

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

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

31  which no consideration was paid, with counties or local


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    CS for SB 2754                                 First Engrossed



 1  governments, the board shall require an exchange of equal

 2  value. Equal value is defined as the conservation benefit of

 3  the lands being offered for exchange by a county or local

 4  government being equal or greater in conservation benefit than

 5  the state-owned lands. Such exchanges may include cash

 6  transactions if based on an appropriate measure of value of

 7  the state-owned land, but must also include the determination

 8  of a net-positive conservation benefit by the Acquisition and

 9  Restoration Council, irrespective of appraised value.

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

11  lands to be exchanged and the lands to be conveyed to the

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

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

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

15  enter into contracts or agreements for such purpose or

16  purposes.

17         Section 5.  Section 253.7823, Florida Statutes, is

18  amended to read:

19         253.7823  Disposition of surplus lands; compensation of

20  counties located within the Cross Florida Canal Navigation

21  District.--

22         (1)  The department may shall identify parcels of

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

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

25  Navigation District any sums due them pursuant to s.

26  253.783(2)(e). In identifying said surplus lands, the

27  department shall give priority to consideration to lands

28  situated outside the greenways' boundaries, those lands not

29  having high recreation or conservation values, and those

30  having the greatest assessed valuations. Although the

31  department shall immediately begin to identify the parcels of


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    CS for SB 2754                                 First Engrossed



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

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

 3  over a reasonable period of time.

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

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

 6  additional lands or easements may be acquired within the

 7  boundaries of the greenways.

 8         (2)(3)  In addition to lands identified for sale to

 9  generate funds for repayment of counties pursuant to s.

10  253.783(2)(e), The department is authorized to sell surplus

11  additional former canal lands if they are determined to be

12  unnecessary to the effective provision of the type of

13  recreational opportunities and conservation activities for

14  which the greenway was greenways were created.

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

16  253.783(2)(e) has been completed, any agency wishing to use

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

18  lands.

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

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

21  Statutes, are amended to read:

22         259.032  Conservation and Recreation Lands Trust Fund;

23  purpose.--

24         (10)

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

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

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

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

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

30  transfers of leasehold interests to appropriate conservation

31  organizations or governmental entities designated by the Land


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    CS for SB 2754                                 First Engrossed



 1  Acquisition and Management Advisory Council or its successor,

 2  for uses consistent with the purposes of the organizations and

 3  the protection, preservation, conservation, restoration, and

 4  proper management of the lands and their resources. Volunteer

 5  management assistance is encouraged, including, but not

 6  limited to, assistance by youths participating in programs

 7  sponsored by state or local agencies, by volunteers sponsored

 8  by environmental or civic organizations, and by individuals

 9  participating in programs for committed delinquents and

10  adults.

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

12  make available sufficient funds annually from the Conservation

13  and Recreation Lands Trust Fund to the department for payment

14  in lieu of taxes to qualifying counties and local governments

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

16  as a result of board of trustees acquisitions for state

17  agencies under the Florida Forever program or the Florida

18  Preservation 2000 program during any year. Reserved funds not

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

20  the fund to be used for land management acquisition in

21  accordance with the provisions of this section.

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

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

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

25  11.031.

26         2.  To all local governments located in eligible

27  counties.

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

29  operated prison leased to the state has recently been opened

30  and where privately owned and operated juvenile justice

31  facilities leased to the state have recently been constructed


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    CS for SB 2754                                 First Engrossed



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

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

 3  already been appropriated and allocated from the Department of

 4  Correction's budget for the purpose of reimbursing amounts

 5  equal to lost ad valorem taxes.

 6  

 7  Counties and local governments that did not receive payments

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

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

10  governments would have received payments pursuant to this

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

12  receive retroactive payments for such tax losses.

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

14  make full payments to all qualifying counties and local

15  governments, such counties and local governments shall receive

16  a pro rata share of the moneys available.

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

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

19  preceding acquisition. Applications for payment in lieu of

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

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

22  made for properties which were exempt from ad valorem taxation

23  for the year immediately preceding acquisition.

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

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

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

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

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

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

30  certify to the Department of Revenue those properties that may

31  be eligible under this provision. Once eligibility has been


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    CS for SB 2754                                 First Engrossed



 1  established, that county or local government shall receive 10

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

 3  eligibility determination shall be made during that period.

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

 5  subsection shall be made annually to qualifying counties and

 6  local governments after certification by the Department of

 7  Revenue that the amounts applied for are reasonably

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

 9  eligible property. With the assistance of the local government

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

11  acquired the land is responsible for preparing and submitting

12  application requests for payment to the Department of Revenue

13  for certification, and after the Department of Environmental

14  Protection has provided supporting documents to the

15  Comptroller and has requested that payment be made in

16  accordance with the requirements of this section.

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

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

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

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

21  

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

23  includes municipalities, the county school board, mosquito

24  control districts, and any other local government entity which

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

26  management district.

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

28  not used for management, maintenance, or capital improvements

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

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

31  


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    CS for SB 2754                                 First Engrossed



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

 2  to this section.

 3         (16)  Notwithstanding other provisions of law relating

 4  to the purpose of the Conservation and Recreation Lands Trust

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

 6  the trust fund shall include funding issues provided in the

 7  General Appropriations Act. This subsection expires July 1,

 8  2003.

 9         Section 7.  Section 259.0322, Florida Statutes, is

10  amended to read:

11         259.0322  Reinstitution of payments in lieu of taxes;

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

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

14  to a governmental entity and subsequently suspended such

15  payment, the department or water management district shall

16  reinstitute appropriate payments and continue the payments in

17  consecutive years until the governmental entity has received a

18  total of 10 payments for each tax loss.

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

20  Statutes, is amended to read:

21         259.036  Management review teams.--

22         (2)  The land management review team shall review

23  select management areas parcels of managed land prior to the

24  date the manager managing agency is required to submit a

25  10-year its 5-year land management plan update. For management

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

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

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

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

30  Acquisition and Restoration Council Land Acquisition and

31  Management Advisory Council or its successor.  The manager


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    CS for SB 2754                                 First Engrossed



 1  managing agency shall consider the findings and

 2  recommendations of the land management review team in

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

 4  management plan.

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

 6  Statutes, is amended to read:

 7         259.041  Acquisition of state-owned lands for

 8  preservation, conservation, and recreation purposes.--

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

10  Improvement Trust Fund nor its duly authorized agent shall

11  commit the state, through any instrument of negotiated

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

13  with or without appurtenances unless the provisions of this

14  section have been fully complied with. Except for the

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

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

17  any rules adopted pursuant to this section, notwithstanding

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

19  requirement of this section, except the requirements of

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

21  120, may waive any rules adopted pursuant to this section,

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

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

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

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

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

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

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

29  section, shall be administered pursuant to the provisions of

30  s. 253.03.

31  


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    CS for SB 2754                                 First Engrossed



 1         Section 10.  Subsection (3) of section 373.139, Florida

 2  Statutes, is amended to read:

 3         373.139  Acquisition of real property.--

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

 5  modifications or additions thereto shall be adopted by each

 6  water management district after a public hearing. Each water

 7  management district shall provide at least 14 days' advance

 8  notice of the hearing date and shall separately notify each

 9  county commission within which a proposed work plan project or

10  project modification or addition is located of the hearing

11  date.

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

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

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

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

16  purchase is considered for approval by the governing board.

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

18  appraisal reports to private landowners during negotiations

19  for acquisitions using alternatives to fee simple techniques,

20  if the district determines that disclosure of such reports

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

22  that negotiation is terminated by the district, the title

23  information, appraisal report, offers, and counteroffers shall

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

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

26  Division of State Lands may share and disclose title

27  information, appraisal reports, appraisal information, offers,

28  and counteroffers when joint acquisition of property is

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

30  maintain the confidentiality of such title information,

31  appraisal reports, appraisal information, offers, and


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    CS for SB 2754                                 First Engrossed



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

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

 3  have exercised discretion to disclose such information. A

 4  district may disclose appraisal information, offers, and

 5  counteroffers to a third party who has entered into a

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

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

 8  acquisitions. The third party shall maintain the

 9  confidentiality of such information in conformance with this

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

11  appraisals obtained by a third party provided the appraiser is

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

13  the appraisal is reviewed and approved by the district.

14         (b)  The Secretary of Environmental Protection shall

15  release moneys from the appropriate account or trust fund to a

16  district for preacquisition costs within 30 days after receipt

17  of a resolution adopted by the district's governing board

18  which identifies and justifies any such preacquisition costs

19  necessary for the purchase of any lands listed in the

20  district's 5-year work plan. The district shall return to the

21  department any funds not used for the purposes stated in the

22  resolution, and the department shall deposit the unused funds

23  into the appropriate account or trust fund.

24         (c)  The Secretary of Environmental Protection shall

25  release acquisition moneys from the appropriate account or

26  trust fund to a district following receipt of a resolution

27  adopted by the governing board identifying the lands being

28  acquired and certifying that such acquisition is consistent

29  with the 5-year work plan of acquisition and other provisions

30  of this section. The governing board also shall provide to the

31  Secretary of Environmental Protection a copy of all certified


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    CS for SB 2754                                 First Engrossed



 1  appraisals used to determine the value of the land to be

 2  purchased.  Each parcel to be acquired must have at least one

 3  appraisal.  Two appraisals are required when the estimated

 4  value of the parcel exceeds $1 million $500,000.  However,

 5  when both appraisals exceed $1 million $500,000 and differ

 6  significantly, a third appraisal may be obtained.  If the

 7  purchase price is greater than the appraisal price, the

 8  governing board shall submit written justification for the

 9  increased price.  The Secretary of Environmental Protection

10  may withhold moneys for any purchase that is not consistent

11  with the 5-year plan or the intent of this section or that is

12  in excess of appraised value.  The governing board may appeal

13  any denial to the Land and Water Adjudicatory Commission

14  pursuant to s. 373.114.

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

16  Statutes, is amended to read:

17         373.59  Water Management Lands Trust Fund.--

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

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

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

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

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

23  tax losses incurred as a result of governing board

24  acquisitions for water management districts pursuant to ss.

25  259.101, 259.105, 373.470, and this section during any year.

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

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

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

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

30  

31  


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    CS for SB 2754                                 First Engrossed



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

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

 3  11.031.

 4         2.  To all local governments located in eligible

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

 6  rolls.

 7  

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

 9  that such properties otherwise eligible for payment in lieu of

10  taxes under this subsection are leased or reserved and remain

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

12  commence or recommence upon the expiration or termination of

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

14  than a total of 10 ten annual payments in lieu of taxes for

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

16  of the lands at any time, the 10 ten annual payments shall be

17  made for that portion only commencing the year after such

18  termination, without limiting the requirement that 10 ten

19  annual payments shall be made on the remaining portion or

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

21  purposes of this subsection, "local government" includes

22  municipalities, the county school board, mosquito control

23  districts, and any other local government entity which levies

24  ad valorem taxes.

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

26  make full payments to all qualifying counties and local

27  governments, such counties and local governments shall receive

28  a pro rata share of the moneys available.

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

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

31  preceding acquisition. Applications for payment in lieu of


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    CS for SB 2754                                 First Engrossed



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

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

 3  made for properties which were exempt from ad valorem taxation

 4  for the year immediately preceding acquisition.

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

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

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

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

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

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

11  districts shall certify to the Department of Revenue those

12  properties that may be eligible under this provision. Once

13  eligibility has been established, that governmental entity

14  shall receive 10 consecutive annual payments for each tax

15  loss, and no further eligibility determination shall be made

16  during that period.

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

18  subsection shall be made annually to qualifying counties and

19  local governments after certification by the Department of

20  Revenue that the amounts applied for are reasonably

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

22  eligible property, and after the water management districts

23  have provided supporting documents to the Comptroller and have

24  requested that payment be made in accordance with the

25  requirements of this section. With the assistance of the local

26  government requesting payment in lieu of taxes, the water

27  management district that acquired the land is responsible for

28  preparing and submitting application requests for payment to

29  the Department of Revenue for certification.

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

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


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    CS for SB 2754                                 First Engrossed



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

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

 3  date of the conveyance.

 4         (g)  The districts may make retroactive payments to

 5  counties and local governments that did not receive payments

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

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

 8  governments would have received those payments under ss.

 9  259.032(12) and 373.59(14).

10         Section 12.  Section 373.5905, Florida Statutes, is

11  amended to read:

12         373.5905  Reinstitution of payments in lieu of taxes;

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

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

15  to a governmental entity and subsequently suspended such

16  payment, the department or water management district shall

17  reinstitute appropriate payments and continue the payments in

18  consecutive years until the governmental entity has received a

19  total of 10 payments for each tax loss.

20         Section 13.  Section 373.5905, Florida Statutes, is

21  amended to read:

22         373.5905  Reinstitution of payments in lieu of taxes;

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

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

25  to a governmental entity and subsequently suspended such

26  payment, the department or water management district shall

27  reinstitute appropriate payments and continue the payments in

28  consecutive years until the governmental entity has received a

29  total of 20 10 payments for each tax loss.

30         Section 14.  Subsection (2) of section 260.016, Florida

31  Statutes, is amended to read:


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    CS for SB 2754                                 First Engrossed



 1         260.016  General powers of the department.--

 2         (2)  The department shall:

 3         (a)  Evaluate lands for the acquisition of greenways

 4  and trails and compile a list of suitable corridors,

 5  greenways, and trails, ranking them in order of priority for

 6  proposed acquisition.  The department shall devise a method of

 7  evaluation which includes, but is not limited to, the

 8  consideration of:

 9         1.  the importance and function of such corridors

10  within the statewide system.

11         2.  Potential for local sharing in the acquisition,

12  development, operation, or maintenance of greenway and trail

13  corridors.

14         3.  Costs of acquisition, development, operation, and

15  maintenance.

16         (b)  Maintain an updated list of abandoned and

17  to-be-abandoned railroad rights-of-way.

18         (c)  Provide information to public and private agencies

19  and organizations on abandoned rail corridors which are or

20  will be available for acquisition from the railroads or for

21  lease for interim recreational use from the Department of

22  Transportation.

23         (d)  Develop and implement a process for designation of

24  lands and waterways as a part of the statewide system of

25  greenways and trails, which shall include:

26         1.  Development and dissemination of criteria for

27  designation.

28         2.  Development and dissemination of criteria for

29  changes in the terms or conditions of designation, including

30  withdrawal or termination of designation. A landowner may have

31  his or her lands removed from designation by providing the


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    CS for SB 2754                                 First Engrossed



 1  department with a written request that contains an adequate

 2  description of such lands to be removed. Provisions shall be

 3  made in the designation agreement for disposition of any

 4  future improvements made to the land by the department.

 5         3.  Compilation of available information on and field

 6  verification of the characteristics of the lands and waterways

 7  as they relate to the developed criteria.

 8         3.4.  Public notice pursuant to s. 120.525 in all

 9  phases of the process.

10         5.  Actual notice to the landowner by certified mail at

11  least 7 days before any public meeting regarding the

12  department's intent to designate.

13         4.6.  Written authorization from the landowner in the

14  form of a lease or other instrument for the designation and

15  granting of public access, if appropriate, to a landowner's

16  property.

17         5.7.  Development of A greenway or trail use plan as a

18  part of the designation agreement which shall. In any

19  particular segment of a greenway or trail, the plan components

20  must be compatible with connecting segments and, at a minimum,

21  describe the types and intensities of uses of the property.

22         (e)  Implement the plan for the Florida Greenways and

23  Trails System as adopted by the Florida Greenways Coordinating

24  Council on September 11, 1998.

25         Section 15.  In an exchange of lands contemplated

26  between the Board of Trustees of the Internal Improvement

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

28  longer needed for conservation purposes, lands proposed for

29  exchange by the state and the local government shall be

30  considered of equal value and no further consideration shall

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


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    CS for SB 2754                                 First Engrossed



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

 2  provided that the local government has been negotiating the

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

 4  Department of Environmental Protection for a period of not

 5  less than 1 year. Notwithstanding the exchange and surplusing

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

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

 8  board of trustees shall exchange lands with a local government

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

10  conveyed to a local government under these provisions must be

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

12  local government under these provisions shall contain a

13  reverter clause that automatically reverts title to the board

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

15  for a public purpose.

16         Section 16.  Effective upon becoming law and

17  notwithstanding the exchange and surplusing requirements of

18  chapters 253 and 259, Florida Statutes, and the notice

19  requirements of chapter 270, Florida Statutes, in an exchange

20  of lands contemplated between the Board of Trustees of the

21  Internal Improvement Trust Fund and a private entity for

22  formerly submerged sovereignty lands, heretofore known as the

23  "Chapman Exchange", the board shall exchange lands with the

24  private entity under these provisions no later than July 1,

25  2003. This exchange satisfies the constitutional public

26  interest test for the following reasons:

27         1.  The land to be exchanged by the state is not

28  greater than 200 acres, is within a rural county of critical

29  economic concern, and is adjacent to lands previously sold by

30  the state to private interests.

31  


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    CS for SB 2754                                 First Engrossed



 1         2.  The land to be exchanged is currently off the tax

 2  rolls of the county, which is at the 10 mill constitutional

 3  cap.

 4         3.  The private entity has been negotiating an exchange

 5  with the Division of State Lands for a period of not less than

 6  one year, has acquired lands within the division's project

 7  areas for conservation land acquisition, and owns land

 8  adjacent to the subject state parcel.

 9         4.  The exchange shall be of equal monetary value. The

10  private entity shall provide any difference in appraised value

11  at the time of closing in cash or the equivalent.

12         Section 17.  Sections 253.84 and 259.0345, Florida

13  Statutes, are repealed.

14         Section 18.  Except as otherwise provided, this act

15  shall take effect July 1, 2003.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

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30  

31  


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