Senate Bill sb0054A

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    Florida Senate - 2003                                  SB 54-A

    By Senator Dockery





    15-2608D-03                                         See HB 87A

  1                      A bill to be entitled

  2         An act relating to environmental and

  3         conservation lands; amending s. 253.025, F.S.;

  4         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 to 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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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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 for the reinstitution of

22         payments in lieu of taxes; amending s. 259.036,

23         F.S.; requiring land management review teams to

24         submit a 10-year land management plan update to

25         the Acquisition and Restoration Council;

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

27         requirements regarding the acquisition of

28         state-owned lands; amending s. 373.089, F.S.;

29         providing conditions under which lands titled

30         in the name of a water management district may

31         be made available for purchase through a

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1         surplusing process; amending s. 373.139, F.S.;

 2         repealing obsolete requirements; revising

 3         requirements for appraisals when acquiring

 4         water management district lands; amending s.

 5         373.59, F.S.; revising provisions requiring

 6         payments in lieu of taxes from funds deposited

 7         into the Water Management Lands Trust Fund;

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

 9         requiring reinstitution of payments in lieu of

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

11         powers of the department in evaluating lands

12         for acquisition of greenways and trails;

13         requiring the exchange of lands between the

14         Board of Trustees of the Internal Improvement

15         Trust Fund and a local government under certain

16         conditions; providing purposes for which

17         exchanged lands may be used; requiring the

18         exchange of lands between the Board of Trustees

19         of the Internal Improvement Trust Fund and a

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

21         253.84, F.S., relating to the acquisition of

22         lands containing cattle-dipping vats; repealing

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

24         Forever Advisory Council; providing for

25         construction of the act in pari materia with

26         laws enacted during the Regular Session of the

27         Legislature; providing effective dates.

28  

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

30  

31  

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

 2  253.025, Florida Statutes, is amended to read:

 3         253.025  Acquisition of state lands for purposes other

 4  than preservation, conservation, and recreation.--

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

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

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

 8  shall be required as follows:

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

10  appraisal. Two appraisals are required when the estimated

11  value of the parcel first appraisal exceeds $1 million

12  $500,000. However, when the values of both appraisals exceed

13  $500,000 and differ significantly, a third appraisal may be

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

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

16  that the cost of obtaining an outside appraisal is not

17  justified, a comparable sales analysis or other reasonably

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

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

20  reasonably protected. The state is not required to appraise

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

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

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

24  253.034, Florida Statutes, as amended by section 14 of chapter

25  2003-6, Laws of Florida, are amended, subsections (8), (9),

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

27  and (12), respectively, and a new subsection (8) is added to

28  that section, to read:

29         253.034  State-owned lands; uses.--

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

31  have the following meanings:

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

 2  coordinated management of timber, recreation, conservation of

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

 4  habitat and other biological resources, or water resources so

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

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

 7  land for some or all of these resources and giving

 8  consideration to the relative values of the various

 9  resources.  Where necessary and appropriate for all

10  state-owned lands that are larger than 1,000 acres in project

11  size and are managed for multiple uses, buffers may be formed

12  around any areas that require special protection or have

13  special management needs. Such buffers shall not exceed more

14  than one-half of the total acreage. Multiple uses within a

15  buffer area may be restricted to provide the necessary

16  buffering effect desired.  Multiple use in this context

17  includes both uses of land or resources by more than one

18  management entity, which may include private sector land

19  managers.  In any case, lands identified as multiple-use lands

20  in the land management plan shall be managed to enhance and

21  conserve the lands and resources for the enjoyment of the

22  people of the state.

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

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

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

26  management program compatible secondary purposes which will

27  not detract from or interfere with the primary management

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

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

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

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  preserves, wildlife management, archaeological or historic

 2  sites, or wilderness areas where the maintenance of

 3  essentially natural conditions is important.  All submerged

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

 5  managed primarily for the maintenance of essentially natural

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

 7  recreation, including hunting and fishing where deemed

 8  appropriate by the managing entity.

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

10  currently managed for conservation, outdoor resource-based

11  recreation, or archaeological or historic preservation, except

12  those lands that were acquired solely to facilitate the

13  acquisition of other conservation lands.  Lands acquired for

14  uses other than conservation, outdoor resource-based

15  recreation, or archaeological or historic preservation shall

16  not be designated conservation lands except as otherwise

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

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

19  facilities, military installations and facilities, state

20  office buildings, maintenance yards, state university or state

21  community college campuses, agricultural field stations or

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

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

24  no significant natural or historical resources.  However,

25  lands acquired solely to facilitate the acquisition of other

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

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

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

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

30  conservation lands.

31  

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

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

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

 4  recreation, or archaeological or historic preservation under a

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

 6  conservation lands.

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

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

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

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

11  Each manager of conservation lands shall also update a land

12  management plan whenever the manager proposes to add new

13  facilities or make substantive land use or management changes

14  that were not addressed in the approved plan, or within 1 year

15  of the addition of significant new lands. Each manager of

16  nonconservation lands shall submit to the Division of State

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

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

19  review each plan for compliance with the requirements of this

20  subsection and the requirements of the rules established by

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

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

23  include an analysis of the property to determine if any

24  significant natural or cultural resources are located on the

25  property. Such resources include archaeological and historic

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

27  and imperiled natural communities and unique natural features.

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

29  consult with the Division of State Lands and other appropriate

30  agencies to develop management strategies to protect such

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  of invasive nonnative plants and conservation of soil and

 2  water resources, including a description of how the manager

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

 4  contamination. Land use plans submitted by a manager shall

 5  include reference to appropriate statutory authority for such

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

 7  guidelines of the state land management plan. Plans for

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

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

10  analysis shall include the potential of the property to

11  generate revenues to enhance the management of the property.

12  Additionally, the plan shall contain an analysis of the

13  potential use of private land managers to facilitate the

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

15  a newly acquired property has a valid conservation plan that

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

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

18  formal land use plan is completed. Each entity managing

19  conservation lands shall submit to the Division of State Lands

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

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

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

23  specifically describe how the managing entity plans to

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

25  fragile nonrenewable resources, such as archaeological and

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

27  endangered plant and animal species, and provide for the

28  conservation of soil and water resources and for the control

29  and prevention of soil erosion. Land management plans

30  submitted by an entity shall include reference to appropriate

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  the appropriate policies and guidelines of the state land

 2  management plan. All land management plans for parcels larger

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

 4  potential of the parcel, which analysis shall include the

 5  potential of the parcel to generate revenues to enhance the

 6  management of the parcel. Additionally, the land management

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

 8  land managers to facilitate the restoration or management of

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

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

11  management of the property until a formal land management plan

12  is completed.

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

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

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

16  plan for compliance with the requirements of this subsection,

17  the requirements of chapter 259, and the requirements of the

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

19  council shall also consider the propriety of the

20  recommendations of the managing entity with regard to the

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

22  nonrenewable resources, the potential for alternative or

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

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

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

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

27  specifically recommend to the board whether to approve the

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

29  reject the plan.

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

31  Trust Fund shall consider the land management plan submitted

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

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

 3  without modification or reject such plan.  The use or

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

 5  approved land management plan is subject to termination by the

 6  board.

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

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

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

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

11  longer needed for conservation purposes and may dispose of

12  them by an affirmative vote of at least three members. In the

13  case of a land exchange involving the disposition of

14  conservation lands, the board must determine by an affirmative

15  vote of at least three members that the exchange will result

16  in a net positive conservation benefit. For all other lands,

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

18  longer needed and may dispose of them by an affirmative vote

19  of at least three members.

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

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

22  from the Preservation 2000 bonds, the Conservation and

23  Recreation Lands Trust Fund, the Water Management Lands Trust

24  Fund, Environmentally Endangered Lands Program, and the Save

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

26  identified as core parcels or within original project

27  boundaries, shall be deemed to have been acquired for

28  conservation purposes.

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

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

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  having been acquired for conservation purposes.  No lands

 2  acquired for use by the Department of Corrections, the

 3  Department of Management Services for use as state offices,

 4  the Department of Transportation, except those specifically

 5  managed for conservation or recreation purposes, or the State

 6  University System or the Florida Community College System

 7  shall be designated as having been purchased for conservation

 8  purposes.

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

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

11  prescribed by rule by the board, each manager management

12  entity shall evaluate and indicate to the board those lands

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

14  purpose for which they were originally leased. For

15  conservation lands, the council shall review and shall

16  recommend to the board whether such lands should be retained

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

18  nonconservation lands, the division shall review such lands

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

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

21  lands shall be reviewed by the council for its recommendation

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

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

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

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

26  be reviewed by the council or its successor for its

27  recommendation as to whether such lands should be disposed of

28  by the board.

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

30  lands, the Acquisition and Restoration Council shall review

31  and make recommendations to the board concerning the request

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  for surplusing. The council shall determine whether the

 2  request for surplusing is compatible with the resource values

 3  of and management objectives for such lands.

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

 5  shall consider whether such lands would be more appropriately

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

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

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

 9  conveyance to a local government would be in the best

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

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

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

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

14  for such surplus lands may include public schools; public

15  libraries; fire or law enforcement substations; and

16  governmental, judicial, or recreational centers.  County or

17  local government requests for surplus lands shall be expedited

18  throughout the surplusing process. If the county or local

19  government does not elect to purchase such lands in accordance

20  with s. 253.111, then any surplusing determination involving

21  other governmental agencies shall be made upon the board

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

23  in which governmental agencies have expressed no interest

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

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

26  pursuant to this subsection shall be determined by the

27  division and shall take into consideration an appraisal of the

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

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

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

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

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

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

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

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

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

 7  acquires title to lands hereunder for less than appraised

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

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

10  unit of government seeking to transfer or sell lands pursuant

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

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

13  sold such lands.

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

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

16  where no monetary consideration was exchanged, the price of

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

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

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

20  individual or entity requesting the surplus shall select and

21  use appraisers from the list of approved appraisers maintained

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

23  253.025(6)(b). The individual or entity requesting the surplus

24  is to incur all costs of the appraisals.

25         (i)  After reviewing the recommendations of the

26  council, the board shall determine whether lands identified

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

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

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

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

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

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

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

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

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

 5  to the lead managing agency for review and recommendation to

 6  the council or its successor.  Lead managing agencies shall

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

 8  Any surplusing requests that have not been acted upon within

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

10  hearing at the next regularly scheduled meeting of the council

11  or its successor. Requests for surplusing pursuant to this

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

13  state governments as provided in paragraph (f).

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

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

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

17  lands were originally acquired no longer exists, such proceeds

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

19  land management by the lead managing agency assigned the lands

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

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

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

23  be deposited into the Internal Improvement Trust Fund.

24         (l)  Notwithstanding the provisions of this subsection,

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

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

27  interest on any revenue bonds issued to lose the exclusion

28  from gross income for federal income tax purposes.

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

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

31  the council or its successor.

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

 2  provisions of this section, which may include procedures for

 3  administering surplus land requests and criteria for when the

 4  division may approve requests to surplus nonconservation lands

 5  on behalf of the board.

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

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

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

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

10  district, or a local government on a county-by-county basis.

11  To facilitate the development of the state inventory, each

12  county shall direct the appropriate county office with

13  authority over the information to provide the division with a

14  county inventory of all lands identified as federal lands and

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

16  management district, or a local government.

17         (b)  The state inventory must distinguish between lands

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

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

20  those terms are used to meet the surplus requirements of

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

22  agency, or a water management district which are not essential

23  or necessary for conservation purposes.

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

25  lands within the county boundary are federal lands and 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 which are not

29  essential or necessary to meet conservation purposes may, upon

30  request of a public or private entity, be made available for

31  purchase through the state's surplusing process. Rights-of-way

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  for existing, proposed, or anticipated transportation

 2  facilities are exempt from the requirements of this

 3  paragraph.  Priority consideration shall be given to buyers,

 4  public or private, willing to return the property to

 5  productive use so long as the property can be reentered onto

 6  the county ad valorem tax roll. Property acquired with

 7  matching funds from a local government shall not be made

 8  available for purchase without the consent of the local

 9  government.

10         Section 3.  Section 253.0341, Florida Statutes, is

11  created to read:

12         253.0341  Surplus of state-owned lands to counties or

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

14  surplusing requests for state-owned lands directly to the

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

16  state to surplus conservation or nonconservation lands,

17  whether for purchase or exchange, shall be expedited

18  throughout the surplusing process. Property jointly acquired

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

20  the consent of all joint owners.

21         (1)  The decision to surplus state-owned

22  nonconservation lands may be made by the board without a

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

24  Acquisition and Restoration Council or the Division of State

25  Lands. Such requests for nonconservation lands shall be

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

27  of the request.

28         (2)  County or local government requests for the

29  surplusing of state-owned conservation lands are subject to

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

31  the Acquisition and Restoration Council. Requests to surplus

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  17

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  18

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  19

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  20

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  21

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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  

                                  22

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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

                                  23

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 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, as amended by chapter 2003-6, Laws of Florida, is

 7  amended to read:

 8         259.041  Acquisition of state-owned lands for

 9  preservation, conservation, and recreation purposes.--

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

11  Improvement Trust Fund nor its duly authorized agent shall

12  commit the state, through any instrument of negotiated

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

14  with or without appurtenances unless the provisions of this

15  section have been fully complied with. Except for the

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

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

18  any rules adopted pursuant to this section, notwithstanding

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

20  requirement of this section, except the requirements of

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

22  120, may waive any rules adopted pursuant to this section,

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

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

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

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

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

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

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

30  section, shall be administered pursuant to the provisions of

31  s. 253.03.

                                  24

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1         Section 10.  Present subsection (5) of section 373.089,

 2  Florida Statutes, is renumbered as subsection (6), and a new

 3  subsection (5) is added to that section, to read:

 4         373.089  Sale or exchange of lands, or interests or

 5  rights in lands.--The governing board of the district may sell

 6  lands, or interests or rights in lands, to which the district

 7  has acquired title or to which it may hereafter acquire title

 8  in the following manner:

 9         (5)  In any county in which more than 50 percent of the

10  lands within the county boundary are federal lands and lands

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

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

13  in the name of a water management district which are not

14  essential or necessary to meet conservation purposes may, upon

15  request of a public or private entity, be made available for

16  purchase through the surplusing process in this

17  section.  Priority consideration must be given to buyers,

18  public or private, who are willing to return the property to

19  productive use so long as the property can be reentered onto

20  the county ad valorem tax roll.  Property acquired with

21  matching funds from a local government shall not be made

22  available for purchase without the consent of the local

23  government.

24         Section 11.  Subsection (3) of section 373.139, Florida

25  Statutes, is amended to read:

26         373.139  Acquisition of real property.--

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

28  modifications or additions thereto shall be adopted by each

29  water management district after a public hearing. Each water

30  management district shall provide at least 14 days' advance

31  notice of the hearing date and shall separately notify each

                                  25

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  county commission within which a proposed work plan project or

 2  project modification or addition is located of the hearing

 3  date.

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

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

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

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

 8  purchase is considered for approval by the governing board.

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

10  appraisal reports to private landowners during negotiations

11  for acquisitions using alternatives to fee simple techniques,

12  if the district determines that disclosure of such reports

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

14  that negotiation is terminated by the district, the title

15  information, appraisal report, offers, and counteroffers shall

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

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

18  Division of State Lands may share and disclose title

19  information, appraisal reports, appraisal information, offers,

20  and counteroffers when joint acquisition of property is

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

22  maintain the confidentiality of such title information,

23  appraisal reports, appraisal information, offers, and

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

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

26  have exercised discretion to disclose such information. A

27  district may disclose appraisal information, offers, and

28  counteroffers to a third party who has entered into a

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

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

31  acquisitions. The third party shall maintain the

                                  26

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  confidentiality of such information in conformance with this

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

 3  appraisals obtained by a third party provided the appraiser is

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

 5  the appraisal is reviewed and approved by the district.

 6         (b)  The Secretary of Environmental Protection shall

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

 8  district for preacquisition costs within 30 days after receipt

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

10  which identifies and justifies any such preacquisition costs

11  necessary for the purchase of any lands listed in the

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

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

14  resolution, and the department shall deposit the unused funds

15  into the appropriate account or trust fund.

16         (c)  The Secretary of Environmental Protection shall

17  release acquisition moneys from the appropriate account or

18  trust fund to a district following receipt of a resolution

19  adopted by the governing board identifying the lands being

20  acquired and certifying that such acquisition is consistent

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

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

23  Secretary of Environmental Protection a copy of all certified

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

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

26  appraisal.  Two appraisals are required when the estimated

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

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

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

30  purchase price is greater than the appraisal price, the

31  governing board shall submit written justification for the

                                  27

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  increased price.  The Secretary of Environmental Protection

 2  may withhold moneys for any purchase that is not consistent

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

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

 5  any denial to the Land and Water Adjudicatory Commission

 6  pursuant to s. 373.114.

 7         Section 12.  Subsection (10) of section 373.59, Florida

 8  Statutes, as amended by chapter 2003-2, Laws of Florida, is

 9  amended to read:

10         373.59  Water Management Lands Trust Fund.--

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

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

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

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

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

16  tax losses incurred as a result of governing board

17  acquisitions for water management districts pursuant to ss.

18  259.101, 259.105, 373.470, and this section during any year.

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

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

21  be used in 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 and whose lands are bought and taken off the tax

28  rolls.

29  

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

31  that such properties otherwise eligible for payment in lieu of

                                  28

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  taxes under this subsection are leased or reserved and remain

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

 3  commence or recommence upon the expiration or termination of

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

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

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

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

 8  made for that portion only commencing the year after such

 9  termination, without limiting the requirement that 10 ten

10  annual payments shall be made on the remaining portion or

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

12  purposes of this subsection, "local government" includes

13  municipalities, the county school board, mosquito control

14  districts, and any other local government entity which levies

15  ad valorem taxes.

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

17  make full payments to all qualifying counties and local

18  governments, such counties and local governments shall receive

19  a pro rata share of the moneys available.

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

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

22  preceding acquisition. Applications for payment in lieu of

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

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

25  made for properties which were exempt from ad valorem taxation

26  for the year immediately preceding acquisition.

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

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

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

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

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

                                  29

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

 2  districts shall certify to the Department of Revenue those

 3  properties that may be eligible under this provision. Once

 4  eligibility has been established, that governmental entity

 5  shall receive 10 consecutive annual payments for each tax

 6  loss, and no further eligibility determination shall be made

 7  during that period.

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

 9  subsection shall be made annually to qualifying counties and

10  local governments after certification by the Department of

11  Revenue that the amounts applied for are reasonably

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

13  eligible property, and after the water management districts

14  have provided supporting documents to the Comptroller and have

15  requested that payment be made in accordance with the

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

17  government requesting payment in lieu of taxes, the water

18  management district that acquired the land is responsible for

19  preparing and submitting application requests for payment to

20  the Department of Revenue for certification.

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

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

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

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

25  date of the conveyance.

26         (g)  The districts may make retroactive payments to

27  counties and local governments that did not receive payments

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

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

30  governments would have received those payments under ss.

31  259.032(12) and 373.59(14).

                                  30

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1         Section 13.  Section 373.5905, Florida Statutes, is

 2  amended to read:

 3         373.5905  Reinstitution of payments in lieu of taxes;

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

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

 6  to a governmental entity and subsequently suspended such

 7  payment, the department or water management district shall

 8  reinstitute appropriate payments and continue the payments in

 9  consecutive years until the governmental entity has received a

10  total of 10 payments for each tax loss.

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

12  Statutes, is amended to read:

13         260.016  General powers of the department.--

14         (2)  The department shall:

15         (a)  Evaluate lands for the acquisition of greenways

16  and trails and compile a list of suitable corridors,

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

18  proposed acquisition.  The department shall devise a method of

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

20  consideration of:

21         1.  the importance and function of such corridors

22  within the statewide system.

23         2.  Potential for local sharing in the acquisition,

24  development, operation, or maintenance of greenway and trail

25  corridors.

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

27  maintenance.

28         (b)  Maintain an updated list of abandoned and

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

30         (c)  Provide information to public and private agencies

31  and organizations on abandoned rail corridors which are or

                                  31

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  will be available for acquisition from the railroads or for

 2  lease for interim recreational use from the Department of

 3  Transportation.

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

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

 6  greenways and trails, which shall include:

 7         1.  Development and dissemination of criteria for

 8  designation.

 9         2.  Development and dissemination of criteria for

10  changes in the terms or conditions of designation, including

11  withdrawal or termination of designation. A landowner may have

12  his or her lands removed from designation by providing the

13  department with a written request that contains an adequate

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

15  made in the designation agreement for disposition of any

16  future improvements made to the land by the department.

17         3.  Compilation of available information on and field

18  verification of the characteristics of the lands and waterways

19  as they relate to the developed criteria.

20         3.4.  Public notice pursuant to s. 120.525 in all

21  phases of the process.

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

23  least 7 days before any public meeting regarding the

24  department's intent to designate.

25         4.6.  Written authorization from the landowner in the

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

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

28  property.

29         5.7.  Development of A greenway or trail use plan as a

30  part of the designation agreement which shall. In any

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

                                  32

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    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




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

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

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

 4  Trails System as adopted by the Florida Greenways Coordinating

 5  Council on September 11, 1998.

 6         Section 15.  In an exchange of lands contemplated

 7  between the Board of Trustees of the Internal Improvement

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

 9  longer needed for conservation purposes, lands proposed for

10  exchange by the state and the local government shall be

11  considered of equal value and no further consideration shall

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

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

14  provided that the local government has been negotiating the

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

16  Department of Environmental Protection for a period of not

17  less than 1 year. Notwithstanding the exchange and surplusing

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

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

20  board of trustees shall exchange lands with a local government

21  under these provisions no later than August 31, 2003. Lands

22  conveyed to a local government under these provisions must be

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

24  local government under these provisions shall contain a

25  reverter clause that automatically reverts title to the board

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

27  for a public purpose.

28         Section 16.  Effective upon becoming law and

29  notwithstanding the exchange and surplusing requirements of

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

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

                                  33

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






    Florida Senate - 2003                                  SB 54-A
    15-2608D-03                                         See HB 87A




 1  of lands contemplated between the Board of Trustees of the

 2  Internal Improvement Trust Fund and a private entity for

 3  formerly submerged sovereignty lands, heretofore known as the

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

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

 6  2003. This exchange satisfies the constitutional public

 7  interest test for the following reasons:

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

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

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

11  the state to private interests.

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

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

14  cap.

15         3.  The private entity has been negotiating an exchange

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

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

18  areas for conservation land acquisition, and owns land

19  adjacent to the subject state parcel.

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

21  private entity shall provide any difference in appraised value

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

23         Section 17.  Sections 253.84 and 259.0345, Florida

24  Statutes, are repealed.

25         Section 18.  If any law amended by this act was also

26  amended by a law enacted at the 2003 Regular Session of the

27  Legislature, such laws shall be construed as if they had been

28  enacted during the same session of the Legislature, and full

29  effect shall be given to each if possible.

30         Section 19.  Except as otherwise expressly provided in

31  this act, this act shall take effect July 1, 2003.

                                  34

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