HB 0087A 2003
1	A bill to be entitled
2	An act relating to the acquisition and conservation of
3	lands; amending s. 253.025, F.S.; revising requirements
4	for appraisals when acquiring state lands; amending s.
5	253.034, F.S.; providing conditions under which state-
6	owned lands may be considered nonconservation lands;
7	revising requirements for land management plans for
8	conservation lands be submitted to the Division of State
9	Lands; providing that land use plans for nonconservation
10	lands be submitted to the Division of State Lands at least
11	every 10 years; revising requirements for the sale of
12	surplus lands; authorizing the Division of State Lands to
13	determine the sale price of surplus lands; providing the
14	Board of Trustees of the Internal Improvement Trust Fund
15	with the authority to adopt rules; directing the Division
16	of State Lands to prepare a state inventory of all federal
17	lands, and all lands titled in the name of the state, a
18	state agency, a water management district, or a local
19	government; requiring the participation of counties in
20	developing a county inventory; providing conditions under
21	which certain lands may be made available for purchase
22	under the state's land surplusing process; creating s.
23	253.0341, F.S.; authorizing counties and local governments
24	to submit requests to surplus state lands directly to the
25	board of trustees; providing for an expedited surplusing
26	process; amending s. 253.042, F.S.; revising the
27	circumstances under which the board of trustees may
28	directly exchange state-owned lands; providing
29	requirements for the exchange of donated conservation
30	lands; providing requirements for the conveyance of
31	donated nonconservation lands; providing requirements for
32	the exchange of other state-owned lands; amending s.
33	253.7823, F.S.; revising requirements for the disposition
34	of former barge canal surplus lands; amending s. 259.032,
35	F.S.; revising requirements for updating land management
36	plans; revising provisions allowing the use of reverted
37	funds; requiring that state agencies prepare and submit to
38	the Department of Revenue for certification application
39	requests for payment in lieu of taxes from local
40	governments; revising requirements for payment in lieu of
41	taxes; amending s. 259.0322, F.S.; providing that payments
42	in lieu of taxes be made for 20 consecutive years;
43	amending s. 259.036, F.S.; requiring land management
44	review teams to submit a 10-year land management plan
45	update to the Acquisition and Restoration Council;
46	amending s. 259.041, F.S.; clarifying certain requirements
47	regarding the acquisition of state-owned lands; amending
48	s. 373.139, F.S.; repealing obsolete requirements;
49	revising requirements for appraisals when acquiring water
50	management district lands; amending s. 373.59, F.S.;
51	revising provisions requiring payments in lieu of taxes
52	from funds deposited into the Water Management Lands Trust
53	Fund; amending s. 373.5905, F.S.; revising provisions
54	requiring reinstitution of payments in lieu of taxes;
55	amending s. 260.016, F.S.; revising powers of the
56	department in evaluating lands for acquisition of
57	greenways and trails; requiring the exchange of lands
58	between the Board of Trustees of the Internal Improvement
59	Trust Fund and a local government under certain
60	conditions; providing purposes for which exchanged lands
61	may be used; requiring the exchange of lands between the
62	Board of Trustees of the Internal Improvement Trust Fund
63	and a private entity by July 1, 2003; repealing s. 253.84,
64	F.S., relating to the acquisition of lands containing
65	cattle-dipping vats; repealing s. 259.0345, F.S., relating
66	to the Florida Forever Advisory Council; providing for
67	construction of the act in pari materia with laws enacted
68	during the Regular Session of the Legislature; providing
69	an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1. Paragraph (a) of subsection (6) of section
74	253.025, Florida Statutes, is amended to read:
75	253.025 Acquisition of state lands for purposes other than
76	preservation, conservation, and recreation.--
77	(6) Prior to negotiations with the parcel owner to
78	purchase land pursuant to this section, title to which will vest
79	in the board of trustees, an appraisal of the parcel shall be
80	required as follows:
81	(a) Each parcel to be acquired shall have at least one
82	appraisal. Two appraisals are required when the estimatedvalue
83	of the parcelfirst appraisal exceeds $1 million$500,000.
84	However, when the values of both appraisals exceed $500,000 and
85	differ significantly, a third appraisal may be obtained.When a
86	parcel is estimated to be worth $100,000 or less and the
87	director of the Division of State Lands finds that the cost of
88	obtaining an outside appraisal is not justified, a comparable
89	sales analysis or other reasonably prudent procedures may be
90	used by the division to estimate the value of the parcel,
91	provided the public's interest is reasonably protected. The
92	state is not required to appraise the value of lands and
93	appurtenances that are being donated to the state.an appraisal
94	prepared by the division may be used.
95	Section 2. Subsections (2), (5), and (6) of section
96	253.034, Florida Statutes, are amended, subsections (8), (9),
97	(10), and (11) are renumbered as subsections (9), (10), (11),
98	and (12), respectively, and a new subsection (8) is added to
99	said section, to read:
100	253.034 State-owned lands; uses.--
101	(2) As used in this section, the following phrases have
102	the following meanings:
103	(a) "Multiple use" means the harmonious and coordinated
104	management of timber, recreation, conservation of fish and
105	wildlife, forage, archaeological and historic sites, habitat and
106	other biological resources, or water resources so that they are
107	utilized in the combination that will best serve the people of
108	the state, making the most judicious use of the land for some or
109	all of these resources and giving consideration to the relative
110	values of the various resources. Where necessary and
111	appropriate for all state-owned lands that are larger than 1,000
112	acres in project size and are managed for multiple uses, buffers
113	may be formed around any areas that require special protection
114	or have special management needs. Such buffers shall not exceed
115	more than one-half of the total acreage. Multiple uses within a
116	buffer area may be restricted to provide the necessary buffering
117	effect desired. Multiple use in this context includes both uses
118	of land or resources by more than one management entity, which
119	may include private sector land managers. In any case, lands
120	identified as multiple-use lands in the land management plan
121	shall be managed to enhance and conserve the lands and resources
122	for the enjoyment of the people of the state.
123	(b) "Single use" means management for one particular
124	purpose to the exclusion of all other purposes, except that the
125	using entity shall have the option of including in its
126	management program compatible secondary purposes which will not
127	detract from or interfere with the primary management purpose.
128	Such single uses may include, but are not necessarily restricted
129	to, the use of agricultural lands for production of food and
130	livestock, the use of improved sites and grounds for
131	institutional purposes, and the use of lands for parks,
132	preserves, wildlife management, archaeological or historic
133	sites, or wilderness areas where the maintenance of essentially
134	natural conditions is important. All submerged lands shall be
135	considered single-use lands and shall be managed primarily for
136	the maintenance of essentially natural conditions, the
137	propagation of fish and wildlife, and public recreation,
138	including hunting and fishing where deemed appropriate by the
139	managing entity.
140	(c) "Conservation lands" means lands that are currently
141	managed for conservation, outdoor resource-based recreation, or
142	archaeological or historic preservation, except those lands that
143	were acquired solely to facilitate the acquisition of other
144	conservation lands. Lands acquired for uses other than
145	conservation, outdoor resource-based recreation, or
146	archaeological or historic preservation shall not be designated
147	conservation lands except as otherwise authorized under this
148	section. These lands shall include, but not be limited to, the
149	following: correction and detention facilities, military
150	installations and facilities, state office buildings,
151	maintenance yards, state university or state community college
152	campuses, agricultural field stations or offices, tower sites,
153	law enforcement and license facilities, laboratories, hospitals,
154	clinics, and other sites that possess no significant natural or
155	historical resources. However, lands acquired solely to
156	facilitate the acquisition of other conservation lands, and for
157	which the land management plan has not yet been completed or
158	updated, may be evaluated by the Board of Trustees of the
159	Internal Improvement Trust Fund on a case-by-case basis to
160	determine if they will be designated conservation lands.
161
162	Lands acquired by the state as a gift, through donation, or by
163	any other conveyance for which no consideration was paid, and
164	which are not managed for conservation, outdoor resource-based
165	recreation, or archaeological or historic preservation under a
166	land management plan approved by the board of trustees are not
167	conservation lands.
168	(5) Each manager of conservation lands shall submit to the
169	Division of State Lands a land management plan at least every 10
170	years in a form and manner prescribed by rule by the board and
171	in accordance with the provisions of s. 259.032. Each manager of
172	conservation lands shall also update a land management plan
173	whenever the manager proposes to add new facilities or make
174	substantive land use or management changes that were not
175	addressed in the approved plan, or within one year of the
176	addition of significant new lands. Each manager of
177	nonconservation lands shall submit to the Division of State
178	Lands a land use plan at least every 10 years in a form and
179	manner prescribed by rule by the board. The division shall
180	review each plan for compliance with the requirements of this
181	subsection and the requirements of the rules established by the
182	board pursuant to this section. All land use plans, whether for
183	single-use or multiple-use properties, shall include an analysis
184	of the property to determine if any significant natural or
185	cultural resources are located on the property. Such resources
186	include archaeological and historic sites, state and federally
187	listed plant and animal species, and imperiled natural
188	communities and unique natural features. If such resources occur
189	on the property, the manager shall consult with the Division of
190	State Lands and other appropriate agencies to develop management
191	strategies to protect such resources. Land use plans shall also
192	provide for the control of invasive nonnative plants and
193	conservation of soil and water resources, including a
194	description of how the manager plans to control and prevent soil
195	erosion and soil or water contamination. Land use plans
196	submitted by a manager shall include reference to appropriate
197	statutory authority for such use or uses and shall conform to
198	the appropriate policies and guidelines of the state land
199	management plan. Plans for managed areas larger than 1,000 acres
200	shall contain an analysis of the multiple-use potential of the
201	property, which analysis shall include the potential of the
202	property to generate revenues to enhance the management of the
203	property. Additionally, the plan shall contain an analysis of
204	the potential use of private land managers to facilitate the
205	restoration or management of these lands. In those cases where a
206	newly acquired property has a valid conservation plan that was
207	developed by a soil and conservation district, such plan shall
208	be used to guide management of the property until a formal land
209	use plan is completed.Each entity managing conservation lands
210	shall submit to the Division of State Lands a land management
211	plan at least every 5 years in a form and manner prescribed by
212	rule by the board. All management plans, whether for single-use
213	or multiple-use properties, shall specifically describe how the
214	managing entity plans to identify, locate, protect and preserve,
215	or otherwise use fragile nonrenewable resources, such as
216	archaeological and historic sites, as well as other fragile
217	resources, including endangered plant and animal species, and
218	provide for the conservation of soil and water resources and for
219	the control and prevention of soil erosion. Land management
220	plans submitted by an entity shall include reference to
221	appropriate statutory authority for such use or uses and shall
222	conform to the appropriate policies and guidelines of the state
223	land management plan. All land management plans for parcels
224	larger than 1,000 acres shall contain an analysis of the
225	multiple-use potential of the parcel, which analysis shall
226	include the potential of the parcel to generate revenues to
227	enhance the management of the parcel. Additionally, the land
228	management plan shall contain an analysis of the potential use
229	of private land managers to facilitate the restoration or
230	management of these lands. In those cases where a newly
231	acquired property has a valid conservation plan, the plan shall
232	be used to guide management of the property until a formal land
233	management plan is completed.
234	(a) The Division of State Lands shall make available to
235	the public a copy of each land management plan for parcels that
236	exceed 160 acres in size. The council shall review each plan for
237	compliance with the requirements of this subsection, the
238	requirements of chapter 259, and the requirements of the rules
239	established by the board pursuant to this section. The council
240	shall also consider the propriety of the recommendations of the
241	managing entity with regard to the future use of the property,
242	the protection of fragile or nonrenewable resources, the
243	potential for alternative or multiple uses not recognized by the
244	managing entity, and the possibility of disposal of the property
245	by the board. After its review, the council shall submit the
246	plan, along with its recommendations and comments, to the board.
247	The council shall specifically recommend to the board whether to
248	approve the plan as submitted, approve the plan with
249	modifications, or reject the plan.
250	(b) The Board of Trustees of the Internal Improvement
251	Trust Fund shall consider the land management plan submitted by
252	each entity and the recommendations of the council and the
253	Division of State Lands and shall approve the plan with or
254	without modification or reject such plan. The use or possession
255	of any such lands that is not in accordance with an approved
256	land management plan is subject to termination by the board.
257	(6) The Board of Trustees of the Internal Improvement
258	Trust Fund shall determine which lands, the title to which is
259	vested in the board, may be surplused. For conservation lands,
260	the board shall make a determination that the lands are no
261	longer needed for conservation purposes and may dispose of them
262	by a two-thirds vote. In the case of a land exchange involving
263	the disposition of conservation lands, the board must determine
264	by at least a two-thirds vote that the exchange will result in a
265	net positive conservation benefit. For all other lands, the
266	board shall make a determination that the lands are no longer
267	needed and may dispose of them by majority vote.
268	(a) For the purposes of this subsection, all lands
269	acquired by the state prior to July 1, 1999, using proceeds from
270	the Preservation 2000 bonds, the Conservation and Recreation
271	Lands Trust Fund, the Water Management Lands Trust Fund,
272	Environmentally Endangered Lands Program, and the Save Our Coast
273	Program and titled to the board, which lands are identified as
274	core parcels or within original project boundaries, shall be
275	deemed to have been acquired for conservation purposes.
276	(b) For any lands purchased by the state on or after July
277	1, 1999, a determination shall be made by the board prior to
278	acquisition as to those parcels that shall be designated as
279	having been acquired for conservation purposes. No lands
280	acquired for use by the Department of Corrections, the
281	Department of Management Services for use as state offices, the
282	Department of Transportation, except those specifically managed
283	for conservation or recreation purposes, or the State University
284	System or the Florida Community College System shall be
285	designated as having been purchased for conservation purposes.
286	(c) At least every 105years, as a component of each land
287	management plan or land use plan and in a form and manner
288	prescribed by rule by the board, each managermanagement entity
289	shall evaluate and indicate to the board those lands that the
290	entity manages whichare not being used for the purpose for
291	which they were originally leased. For conservation lands, the
292	council shall review and shall recommend to the board whether
293	such lands should be retained in public ownership or disposed of
294	by the board. For nonconservation lands, the division shall
295	review such lands and shall recommend to the board whether such
296	lands should be retained in public ownership or disposed of by
297	the board.Such lands shall be reviewed by the council for its
298	recommendation as to whether such lands should be disposed of by
299	the board.
300	(d) Lands owned by the board which are not actively
301	managed by any state agency or for which a land management plan
302	has not been completed pursuant to subsection (5) shall be
303	reviewed by the council or its successor for its recommendation
304	as to whether such lands should be disposed of by the board.
305	(e) Prior to any decision by the board to surplus lands,
306	the Acquisition and Restoration Council shall review and make
307	recommendations to the board concerning the request for
308	surplusing. The council shall determine whether the request for
309	surplusing is compatible with the resource values of and
310	management objectives for such lands.
311	(f) In reviewing lands owned by the board, the council
312	shall consider whether such lands would be more appropriately
313	owned or managed by the county or other unit of local government
314	in which the land is located. The council shall recommend to the
315	board whether a sale, lease, or other conveyance to a local
316	government would be in the best interests of the state and local
317	government. The provisions of this paragraph in no way limit the
318	provisions of ss. 253.111 and 253.115. Such lands shall be
319	offered to the state, county, or local government for a period
320	of 30 days. Permittable uses for such surplus lands may include
321	public schools; public libraries; fire or law enforcement
322	substations; and governmental, judicial, or recreational
323	centers. County or local government requests for surplus lands
324	shall be expedited throughout the surplusing process. If the
325	county or local government does not elect to purchase such lands
326	in accordance with s. 253.111, then any surplusing determination
327	involving other governmental agencies shall be made upon the
328	board deciding the best public use of the lands. Surplus
329	properties in which governmental agencies have expressed no
330	interest shall then be available for sale on the private market.
331	(g) The sale price oflands determined to be surplus
332	pursuant to this subsection shall be determined by the division
333	and shall take into consideration an appraisal of the property,
334	or, when the estimated value of the land is less than $100,000,
335	a comparable sales analysis or a broker's opinion of value, and
336	sold for appraised value or the price paid by the state or a
337	water management district to originally acquire the lands.,
338	whichever is greater, except when the board or its designee
339	determines a different sale price is in the public interest.
340	However, for those lands sold as surplus to any unit of
341	government, the price shall not exceed the price paid by the
342	state or a water management district to originally acquire the
343	lands. A unit of government thatwhichacquires title to lands
344	hereunder for less than appraised value may not sell or transfer
345	title to all or any portion of the lands to any private owner
346	for a period of 10 years. Any unit of government seeking to
347	transfer or sell lands pursuant to this paragraph shall first
348	allow the board of trustees to reacquire such lands for the
349	price at which the boardtheysold such lands.
350	(h) Where a unit of government acquired land by gift,
351	donation, grant, quit-claim deed, or other such conveyance where
352	no monetary consideration was exchanged, the price of land sold
353	as surplus may be based on one appraisal. In the event that a
354	single appraisal yields a value equal to or greater than $1
355	million, a second appraisal is required. The individual or
356	entity requesting the surplus shall select and use appraisers
357	from the list of approved appraisers maintained by the Division
358	of State Lands in accordance with s. 253.025(6)(b). The
359	individual or entity requesting the surplus is to incur all
360	costs of the appraisals.
361	(i) After reviewing the recommendations of the council,
362	the board shall determine whether lands identified for surplus
363	are to be held for other public purposes or whether such lands
364	are no longer needed. The board may require an agency to
365	release its interest in such lands. For an agency that has
366	requested the use of a property that was to be declared as
367	surplus, said agency must have the property under lease within 6
368	months of the date of expiration of the notice provisions
369	required under ss. 253.034(6) and 253.111.
370	(j) Requests for surplusing may be made by any public or
371	private entity or person. All requests shall be submitted to
372	the lead managing agency for review and recommendation to the
373	council or its successor. Lead managing agencies shall have 90
374	days to review such requests and make recommendations. Any
375	surplusing requests that have not been acted upon within the 90-
376	day time period shall be immediately scheduled for hearing at
377	the next regularly scheduled meeting of the council or its
378	successor. Requests for surplusing pursuant to this paragraph
379	shall not be required to be offered to local or state
380	governments as provided in paragraph (f).
381	(k) Proceeds from any sale of surplus lands pursuant to
382	this subsection shall be deposited into the fund from which such
383	lands were acquired. However, if the fund from which the lands
384	were originally acquired no longer exists, such proceeds shall
385	be deposited into an appropriate account to be used for land
386	management by the lead managing agency assigned the lands prior
387	to the lands being declared surplus. Funds received from the
388	sale of surplus nonconservation lands, or lands that were
389	acquired by gift, by donation, or for no consideration, shall be
390	deposited into the Internal Improvement Trust Fund.
391	(l) Notwithstanding the provisions of this subsection, no
392	such disposition of land shall be made if such disposition would
393	have the effect of causing all or any portion of the interest on
394	any revenue bonds issued to lose the exclusion from gross income
395	for federal income tax purposes.
396	(m) The sale of filled, formerly submerged land that does
397	not exceed 5 acres in area is not subject to review by the
398	council or its successor.
399	(n) The board may adopt rules to implement the provisions
400	of this section, which may include procedures for administering
401	surplus land requests and criteria for when the division may
402	approve requests to surplus nonconservation lands on behalf of
403	the board.
404	(8)(a) Notwithstanding other provisions of this section,
405	the Division of State Lands is directed to prepare a state
406	inventory of all federal lands and all lands titled in the name
407	of the state, a state agency, a water management district, or a
408	local government on a county-by-county basis, with the exception
409	of rights-of-way for existing, proposed, or anticipated
410	transportation facilities. The division must identify state or
411	water management district lands purchased with funds distributed
412	according to the Florida Forever Program, the Preservation 2000
413	Program, the Conservation and Recreation Lands Program, the
414	Environmentally Endangered Lands Program, the Save Our Rivers
415	Program, or the Save Our Coast Program. To facilitate the
416	development of the state inventory, each county shall direct the
417	appropriate county office with authority over the information to
418	provide the division with a county inventory of all lands
419	identified as federal lands and lands titled in the name of the
420	state, a state agency, a water management district, or a local
421	government.
422	(b) The state inventory must distinguish between lands
423	purchased by the state or a water management district as part of
424	a core parcel or within original project boundaries, as those
425	terms are used to meet the surplus requirements of subsection
426	(6), and lands purchased by the state, a state agency, or a
427	water management district which were not essential or necessary
428	to meet the conservation purposes of the programs which funded
429	the acquisition.
430	(c) In any county in which more than 50 percent of the
431	lands within the county boundary are federal lands or lands
432	titled in the name of the state, a state agency, a water
433	management district, or a local government, those lands titled
434	in the name of the state or a state agency that were purchased
435	using funds from any program identified in paragraph (a) and
436	that are not essential or necessary to meet the original
437	purposes of the program under which they were acquired may, upon
438	request of a public or private entity, be made available for
439	purchase through the state's surplusing process. Priority
440	consideration shall be given to buyers, public or private,
441	willing to return the property to productive use so long as the
442	property can be reentered onto the county ad valorem tax roll.
443	Property acquired with matching funds from a local government
444	shall not be made available for purchase without the consent of
445	said local government.
446	Section 3. Section 253.0341, Florida Statutes, is created
447	to read:
448	253.0341 Surplus of state-owned lands to counties or local
449	governments.--Counties and local governments may submit
450	surplusing requests for state-owned lands directly to the board
451	of trustees. County or local government requests for the state
452	to surplus conservation or nonconservation lands, whether for
453	purchase or exchange, shall be expedited throughout the
454	surplusing process. Property jointly acquired by the state and
455	other entities shall not be surplused without the consent of all
456	joint owners.
457	(1) The decision to surplus state-owned nonconservation
458	lands may be made by the board without a review of, or a
459	recommendation on, the request from the Acquisition and
460	Restoration Council or the Division of State Lands. Such
461	requests for nonconservation lands shall be considered by the
462	board within 60 days of the board's receipt of the request.
463	(2) County or local government requests for the surplusing
464	of state-owned conservation lands are subject to review of and
465	recommendation on the request to the board by the Acquisition
466	and Restoration Council. Requests to surplus conservation lands
467	shall be considered by the board within 120 days of the board's
468	receipt of the request.
469	Section 4. Section 253.42, Florida Statutes, is amended to
470	read:
471	(Substantial rewording of section. See
472	s. 253.42, F.S., for present text.)
473	253.42 Board of trustees may exchange lands.--The
474	provisions of this section apply to all lands owned by, vested
475	in, or titled in the name of the board whether the lands were
476	acquired by the state as a purchase, or through gift, donation,
477	or any other conveyance for which no consideration was paid.
478	(1) The board of trustees may exchange any lands owned by,
479	vested in, or titled in the name of the board for other lands in
480	the state owned by counties, local governments, individuals, or
481	private or public corporations, and may fix the terms and
482	conditions of any such exchange. Any nonconservation lands that
483	were acquired by the state through gift, donation, or any other
484	conveyance for which no consideration was paid must first be
485	offered at no cost to a county or local government unless
486	otherwise provided in a deed restriction of record or other
487	legal impediment, and so long as the use proposed by the county
488	or local government is for a public purpose. For conservation
489	lands acquired by the state through gift, donation, or any other
490	conveyance for which no consideration was paid, the state may
491	request land of equal conservation value from the county or
492	local government but no other consideration.
493	(2) In exchanging state-owned lands not acquired by the
494	state through gift, donation, or any other conveyance for which
495	no consideration was paid, with counties or local governments,
496	the board shall require an exchange of equal value. Equal value
497	is defined as the conservation benefit of the lands being
498	offered for exchange by a county or local government being equal
499	or greater in conservation benefit than the state-owned lands.
500	Such exchanges may include cash transactions if based on an
501	appropriate measure of value of the state-owned land, but must
502	also include the determination of a net-positive conservation
503	benefit by the Acquisition and Restoration Council, irrespective
504	of appraised value.
505	(3) The board shall select and agree upon the state lands
506	to be exchanged and the lands to be conveyed to the state and
507	shall pay or receive any sum of money deemed necessary by the
508	board for the purpose of equalizing the value of the exchanged
509	property. The board is authorized to make and enter into
510	contracts or agreements for such purpose or purposes.
511	Section 5. Section 253.7823, Florida Statutes, is amended
512	to read:
513	253.7823 Disposition of surplus lands; compensation of
514	counties located within the Cross Florida Canal Navigation
515	District.--
516	(1) The department mayshallidentify parcels of former
517	barge canal lands thatwhich may be sold or exchanged as needed
518	to repay the counties of the Cross Florida Canal Navigation
519	District any sums due them pursuant to s. 253.783(2)(e). In
520	identifying said surplus lands, the department shall give
521	priority toconsideration to lands situated outside the
522	greenways' boundaries, those landsnot having high recreation or
523	conservation values, and those having the greatest assessed
524	valuations. Although the department shall immediately begin to
525	identify the parcels of surplus lands to be sold, the department
526	shall offer the lands for sale in a manner designed to maximize
527	the amounts received over a reasonable period of time.
528	(2) Disbursements of amounts due the counties shall be
529	made on a semiannual basis and shall be completed before any
530	additional lands or easements may be acquired within the
531	boundaries of the greenways.
532	(2)(3) In addition to lands identified for sale to
533	generate funds for repayment of counties pursuant to s.
534	253.783(2)(e),The department is authorized to sell surplus
535	additional former canal lands if they are determined to be
536	unnecessary to the effective provision of the type of
537	recreational opportunities and conservation activities for which
538	the greenway wasgreenways werecreated.
539	(4) Until repayment to the counties pursuant to s.
540	253.783(2)(e) has been completed, any agency wishing to use
541	former canal lands must pay the full assessed value of said
542	lands.
543	Section 6. Paragraph (c) of subsection (10) and
544	subsections (12), (13), and (16) of section 259.032, Florida
545	Statutes, are amended to read:
546	259.032 Conservation and Recreation Lands Trust Fund;
547	purpose.--
548	(10)
549	(c) Once a plan is adopted, the managing agency or entity
550	shall update the plan at least every 105years in a form and
551	manner prescribed by rule of the board of trustees. Such
552	updates, for parcels over 160 acres, shall be developed with
553	input from an advisory group. Such plans may include transfers
554	of leasehold interests to appropriate conservation organizations
555	or governmental entities designated by the Land Acquisition and
556	Management Advisory Council or its successor, for uses
557	consistent with the purposes of the organizations and the
558	protection, preservation, conservation, restoration, and proper
559	management of the lands and their resources. Volunteer
560	management assistance is encouraged, including, but not limited
561	to, assistance by youths participating in programs sponsored by
562	state or local agencies, by volunteers sponsored by
563	environmental or civic organizations, and by individuals
564	participating in programs for committed delinquents and adults.
565	(12)(a) Beginning July 1, 1999, the Legislature shall make
566	available sufficient funds annually from the Conservation and
567	Recreation Lands Trust Fund to the department for payment in
568	lieu of taxes to qualifying counties and local governments as
569	defined in paragraph (b) for all actual tax losses incurred as a
570	result of board of trustees acquisitions for state agencies
571	under the Florida Forever program or the Florida Preservation
572	2000 program during any year. Reserved funds not used for
573	payments in lieu of taxes in any year shall revert to the fund
574	to be used for land managementacquisitionin accordance with
575	the provisions of this section.
576	(b) Payment in lieu of taxes shall be available:
577	1. To all counties that have a population of 150,000 or
578	fewer. Population levels shall be determined pursuant to s.
579	11.031.
580	2. To all local governments located in eligible counties.
581	3. To Glades County, where a privately owned and operated
582	prison leased to the state has recently been opened and where
583	privately owned and operated juvenile justice facilities leased
584	to the state have recently been constructed and opened, a
585	payment in lieu of taxes, in an amount that offsets the loss of
586	property tax revenue, which funds have already been appropriated
587	and allocated from the Department of Correction's budget for the
588	purpose of reimbursing amounts equal to lost ad valorem taxes.
589
590	Counties and local governments that did not receive payments in
591	lieu of taxes for lands purchased pursuant to s. 259.101 during
592	fiscal year 1999-2000, if such counties and local governments
593	would have received payments pursuant to this subsection as that
594	section existed on June 30, 1999, shall receive retroactive
595	payments for such tax losses.
596	(c) If insufficient funds are available in any year to
597	make full payments to all qualifying counties and local
598	governments, such counties and local governments shall receive a
599	pro rata share of the moneys available.
600	(d) The payment amount shall be based on the average
601	amount of actual taxes paid on the property for the 3 years
602	preceding acquisition. Applications for payment in lieu of taxes
603	shall be made no later than January 31 of the year following
604	acquisition. No payment in lieu of taxes shall be made for
605	properties which were exempt from ad valorem taxation for the
606	year immediately preceding acquisition.
607	(e)If property which was subject to ad valorem taxation
608	was acquired by a tax-exempt entity for ultimate conveyance to
609	the state under this chapter, payment in lieu of taxes shall be
610	made for such property based upon the average amount of taxes
611	paid on the property for the 3 years prior to its being removed
612	from the tax rolls. The department shall certify to the
613	Department of Revenue those properties that may be eligible
614	under this provision. Once eligibility has been established,
615	that county or local government shall receive 10 consecutive
616	annual payments for each tax loss, and no further eligibility
617	determination shall be made during that period.
618	(f)(e)Payment in lieu of taxes pursuant to this
619	subsection shall be made annually to qualifying counties and
620	local governments after certification by the Department of
621	Revenue that the amounts applied for are reasonably appropriate,
622	based on the amount of actual taxes paid on the eligible
623	property. With the assistance of the local government requesting
624	payment in lieu of taxes, the state agency that acquired the
625	land is responsible for preparing and submitting application
626	requests for payment to the Department of Revenue for
627	certification, and after the Department of Environmental
628	Protection has provided supporting documents to the Comptroller
629	and has requested that payment be made in accordance with the
630	requirements of this section.
631	(g)(f)If the board of trustees conveys to a local
632	government title to any land owned by the board, any payments in
633	lieu of taxes on the land made to the local government shall be
634	discontinued as of the date of the conveyance.
635
636	For the purposes of this subsection, "local government" includes
637	municipalities, the county school board, mosquito control
638	districts, and any other local government entity which levies ad
639	valorem taxes, with the exception of a water management
640	district.
641	(13) Moneys credited to the fund each year which are not
642	used for management, maintenance, or capital improvements
643	pursuant to subsection (11); for payment in lieu of taxes
644	pursuant to subsection (12); or for the purposes of subsection
645	(5),shall be available for the acquisition of land pursuant to
646	this section.
647	(16) Notwithstanding other provisions of law relating to
648	the purpose of the Conservation and Recreation Lands Trust Fund,
649	and for the 2002-2003 fiscal year only, the purposes of the
650	trust fund shall include funding issues provided in the General
651	Appropriations Act. This subsection expires July 1, 2003.
652	Section 7. Section 259.0322, Florida Statutes, is amended
653	to read:
654	259.0322 Reinstitution of payments in lieu of taxes;
655	duration.--If the Department of Environmental Protection or a
656	water management districthas made a payment in lieu of taxes to
657	a governmental entity and subsequently suspended such payment,
658	the department or water management districtshall reinstitute
659	appropriate payments and continue the payments in consecutive
660	years until the governmental entity has received a total of 10
661	payments for each tax loss.
662	Section 8. Subsection (2) of section 259.036, Florida
663	Statutes, is amended to read:
664	259.036 Management review teams.--
665	(2) The land management review team shall review select
666	management areasparcels of managed land prior to the date the
667	managermanaging agency is required to submit a 10-yearits 5-
668	year land management plan update. For management areas that
669	exceed 1,000 acres in size, the Division of State Lands shall
670	schedule a land management review at least every 5 years.A copy
671	of the review shall be provided to the managermanaging agency,
672	the Division of State Lands, and the Acquisition and Restoration
673	CouncilLand Acquisition and Management Advisory Council or its
674	successor. The managermanaging agencyshall consider the
675	findings and recommendations of the land management review team
676	in finalizing the required 10-year5-yearupdate of its
677	management plan.
678	Section 9. Subsection (1) of section 259.041, Florida
679	Statutes, is amended to read:
680	259.041 Acquisition of state-owned lands for preservation,
681	conservation, and recreation purposes.--
682	(1) Neither the Board of Trustees of the Internal
683	Improvement Trust Fund nor its duly authorized agent shall
684	commit the state, through any instrument of negotiated contract
685	or agreement for purchase, to the purchase of lands with or
686	without appurtenances unless the provisions of this section have
687	been fully complied with. Except for the requirements of
688	subsections (3), (14), and (15), the board of trustees may waive
689	any requirements of this section, may waive any rules adopted
690	pursuant to this section, notwithstanding chapter 120,However,
691	the board of trustees may waive any requirement of this section,
692	except the requirements of subsections (3), (14), and (15); or,
693	notwithstanding chapter 120, may waive any rules adopted
694	pursuant to this section, except rules adopted pursuant to
695	subsections (3),(14), and (15);or may substitute other
696	reasonably prudent procedures, provided the public's interest is
697	reasonably protected. The title to lands acquired pursuant to
698	this section shall vest in the board of trustees as provided in
699	s. 253.03(1), unless otherwise provided by law, and. all such
700	titled lands, title to which is vested in the board of trustees
701	pursuant to this section,shall be administered pursuant to the
702	provisions of s. 253.03.
703	Section 10. Subsection (3) of section 373.139, Florida
704	Statutes, is amended to read:
705	373.139 Acquisition of real property.--
706	(3) The initial 5-year work plan and any subsequent
707	modifications or additions thereto shall be adopted by each
708	water management district after a public hearing. Each water
709	management district shall provide at least 14 days' advance
710	notice of the hearing date and shall separately notify each
711	county commission within which a proposed work plan project or
712	project modification or addition is located of the hearing date.
713	(a) Appraisal reports, offers, and counteroffers are
714	confidential and exempt from the provisions of s. 119.07(1)
715	until an option contract is executed or, if no option contract
716	is executed, until 30 days before a contract or agreement for
717	purchase is considered for approval by the governing board.
718	However, each district may, at its discretion, disclose
719	appraisal reports to private landowners during negotiations for
720	acquisitions using alternatives to fee simple techniques, if the
721	district determines that disclosure of such reports will bring
722	the proposed acquisition to closure. In the event that
723	negotiation is terminated by the district, the title
724	information,appraisal report, offers, and counteroffers shall
725	become available pursuant to s. 119.07(1). Notwithstanding the
726	provisions of this section and s. 259.041, a district and the
727	Division of State Lands may share and disclose title
728	information,appraisal reports, appraisal information, offers,
729	and counteroffers when joint acquisition of property is
730	contemplated. A district and the Division of State Lands shall
731	maintain the confidentiality of such title information,
732	appraisal reports, appraisal information, offers, and
733	counteroffers in conformance with this section and s. 259.041,
734	except in those cases in which a district and the division have
735	exercised discretion to disclose such information. A district
736	may disclose appraisal information, offers, and counteroffers to
737	a third party who has entered into a contractual agreement with
738	the district to work with or on the behalf of or to assist the
739	district in connection with land acquisitions. The third party
740	shall maintain the confidentiality of such information in
741	conformance with this section. In addition, a district may use,
742	as its own, appraisals obtained by a third party provided the
743	appraiser is selected from the district's list of approved
744	appraisers and the appraisal is reviewed and approved by the
745	district.
746	(b) The Secretary of Environmental Protection shall
747	release moneys from the appropriate account or trust fund to a
748	district for preacquisition costs within 30 days after receipt
749	of a resolution adopted by the district's governing board which
750	identifies and justifies any such preacquisition costs necessary
751	for the purchase of any lands listed in the district's 5-year
752	work plan. The district shall return to the department any funds
753	not used for the purposes stated in the resolution, and the
754	department shall deposit the unused funds into the appropriate
755	account or trust fund.
756	(c) The Secretary of Environmental Protection shall
757	release acquisition moneys from the appropriate account or trust
758	fund to a district following receipt of a resolution adopted by
759	the governing board identifying the lands being acquired and
760	certifying that such acquisition is consistent with the 5-year
761	work plan of acquisition and other provisions of this section.
762	The governing board also shall provide to the Secretary of
763	Environmental Protection a copy of all certified appraisals used
764	to determine the value of the land to be purchased. Each parcel
765	to be acquired must have at least one appraisal. Two appraisals
766	are required when the estimated value of the parcel exceeds $1
767	million$500,000. However, when both appraisals exceed $1
768	million$500,000and differ significantly, a third appraisal may
769	be obtained. If the purchase price is greater than the
770	appraisal price, the governing board shall submit written
771	justification for the increased price. The Secretary of
772	Environmental Protection may withhold moneys for any purchase
773	that is not consistent with the 5-year plan or the intent of
774	this section or that is in excess of appraised value. The
775	governing board may appeal any denial to the Land and Water
776	Adjudicatory Commission pursuant to s. 373.114.
777	Section 11. Subsection (10) of section 373.59, Florida
778	Statutes, is amended to read:
779	373.59 Water Management Lands Trust Fund.--
780	(10)(a) Beginning July 1, 1999, not more than one-fourth
781	of the land managementfunds provided for in subsections (1) and
782	(8) in any year shall be reserved annually by a governing board,
783	during the development of its annual operating budget, for
784	payments in lieu of taxes for all actual tax losses incurred as
785	a result of governing board acquisitions for water management
786	districts pursuant to ss. 259.101, 259.105, 373.470,and this
787	section during any year. Reserved funds not used for payments in
788	lieu of taxes in any year shall revert to the Water Management
789	Lands Trust Fund to be used in accordance with the provisions of
790	this section.
791	(b) Payment in lieu of taxes shall be available:
792	1. To all counties that have a population of 150,000 or
793	fewer. Population levels shall be determined pursuant to s.
794	11.031.
795	2. To all local governments located in eligible counties
796	and whose lands are bought and taken off the tax rolls.
797
798	For properties acquired after January 1, 2000, in the event that
799	such properties otherwise eligible for payment in lieu of taxes
800	under this subsection are leased or reserved and remain subject
801	to ad valorem taxes, payments in lieu of taxes shall commence or
802	recommence upon the expiration or termination of the lease or
803	reservation, but in no event shall there be more than a total of
804	10tenannual payments in lieu of taxes for each tax loss. If
805	the lease is terminated for only a portion of the lands at any
806	time, the 10tenannual payments shall be made for that portion
807	only commencing the year after such termination, without
808	limiting the requirement that 10tenannual payments shall be
809	made on the remaining portion or portions of the land as the
810	lease on each expires. For the purposes of this subsection,
811	"local government" includes municipalities, the county school
812	board, mosquito control districts, and any other local
813	government entity which levies ad valorem taxes.
814	(c) If sufficient funds are unavailable in any year to
815	make full payments to all qualifying counties and local
816	governments, such counties and local governments shall receive a
817	pro rata share of the moneys available.
818	(d) The payment amount shall be based on the average
819	amount of actual taxes paid on the property for the 3 years
820	preceding acquisition. Applications for payment in lieu of taxes
821	shall be made no later than January 31 of the year following
822	acquisition. No payment in lieu of taxes shall be made for
823	properties which were exempt from ad valorem taxation for the
824	year immediately preceding acquisition.
825	(e)If property that was subject to ad valorem taxation
826	was acquired by a tax-exempt entity for ultimate conveyance to
827	the state under this chapter, payment in lieu of taxes shall be
828	made for such property based upon the average amount of taxes
829	paid on the property for the 3 years prior to its being removed
830	from the tax rolls. The water management districts shall certify
831	to the Department of Revenue those properties that may be
832	eligible under this provision. Once eligibility has been
833	established, that governmental entity shall receive 10
834	consecutive annual payments for each tax loss, and no further
835	eligibility determination shall be made during that period.
836	(f)(e)Payment in lieu of taxes pursuant to this
837	subsection shall be made annually to qualifying counties and
838	local governments after certification by the Department of
839	Revenue that the amounts applied for are reasonably appropriate,
840	based on the amount of actual taxes paid on the eligible
841	property, and after the water management districts have provided
842	supporting documents to the Comptroller and have requested that
843	payment be made in accordance with the requirements of this
844	section. With the assistance of the local government requesting
845	payment in lieu of taxes, the water management district that
846	acquired the land is responsible for preparing and submitting
847	application requests for payment to the Department of Revenue
848	for certification.
849	(g)(f)If a water management district conveys to a county
850	or local government title to any land owned by the district, any
851	payments in lieu of taxes on the land made to the county or
852	local government shall be discontinued as of the date of the
853	conveyance.
854	(g) The districts may make retroactive payments to
855	counties and local governments that did not receive payments in
856	lieu of taxes for lands purchased under s. 259.101 and this
857	section during fiscal year 1999-2000 if the counties and local
858	governments would have received those payments under ss.
859	259.032(12) and 373.59(14).
860	Section 12. Section 373.5905, Florida Statutes, is amended
861	to read:
862	373.5905 Reinstitution of payments in lieu of taxes;
863	duration.--If the Department of Environmental Protection ora
864	water management district has made a payment in lieu of taxes to
865	a governmental entity and subsequently suspended such payment,
866	the department orwater management district shall reinstitute
867	appropriate payments and continue the payments in consecutive
868	years until the governmental entity has received a total of 20
869	10payments for each tax loss.
870	Section 13. Subsection (2) of section 260.016, Florida
871	Statutes, is amended to read:
872	260.016 General powers of the department.--
873	(2) The department shall:
874	(a) Evaluate lands for the acquisition of greenways and
875	trails and compile a list of suitable corridors, greenways, and
876	trails, ranking them in order of priority for proposed
877	acquisition. The department shall devise a method of evaluation
878	which includes, but is not limited to, the consideration of:
879	1.the importance and function of such corridors within
880	the statewide system.
881	2. Potential for local sharing in the acquisition,
882	development, operation, or maintenance of greenway and trail
883	corridors.
884	3. Costs of acquisition, development, operation, and
885	maintenance.
886	(b) Maintain an updated list of abandoned and to-be-
887	abandoned railroad rights-of-way.
888	(c) Provide information to public and private agencies and
889	organizations on abandoned rail corridors which are or will be
890	available for acquisition from the railroads or for lease for
891	interim recreational use from the Department of Transportation.
892	(d) Develop and implement a process for designation of
893	lands and waterways as a part of the statewide system of
894	greenways and trails, which shall include:
895	1. Development and dissemination of criteria for
896	designation.
897	2. Development and dissemination of criteria for changes
898	in the terms or conditions of designation, including withdrawal
899	or termination of designation. A landowner may have his or her
900	lands removed from designation by providing the department with
901	a written request that contains an adequate description of such
902	lands to be removed. Provisions shall be made in the designation
903	agreement for disposition of any future improvements made to the
904	land by the department.
905	3. Compilation of available information on and field
906	verification of the characteristics of the lands and waterways
907	as they relate to the developed criteria.
908	3.4.Public notice pursuant to s. 120.525 in all phases of
909	the process.
910	5. Actual notice to the landowner by certified mail at
911	least 7 days before any public meeting regarding the
912	department's intent to designate.
913	4.6.Written authorization from the landowner in the form
914	of a lease or other instrument for the designation and granting
915	of public access, if appropriate, to a landowner's property.
916	5.7. Development ofA greenway or trail use plan as a part
917	of the designation agreement which shall. In any particular
918	segment of a greenway or trail, the plan components must be
919	compatible with connecting segments and,at a minimum, describe
920	the types and intensities of uses of the property.
921	(e) Implement the plan for the Florida Greenways and
922	Trails System as adopted by the Florida Greenways Coordinating
923	Council on September 11, 1998.
924	Section 14. In an exchange of lands contemplated between
925	the Board of Trustees of the Internal Improvement Trust Fund and
926	a local government for donated state lands no longer needed for
927	conservation purposes, lands proposed for exchange by the state
928	and the local government shall be considered of equal value and
929	no further consideration shall be required, provided that the
930	donated land being offered for exchange by the state is not
931	greater than 200 acres, and provided that the local government
932	has been negotiating the exchange of lands with the Division of
933	State Lands of the Department of Environmental Protection for a
934	period of not less than 1 year. Notwithstanding the exchange and
935	surplusing requirements of chapters 253 and 259, Florida
936	Statutes, and the notice requirements of chapter 270, Florida
937	Statutes, the board of trustees shall exchange lands with a
938	local government under these provisions no later than August 31,
939	2003. Lands conveyed to a local government under these
940	provisions must be used for a public purpose. Deeds of
941	conveyance conveyed to a local government under these provisions
942	shall contain a reverter clause that automatically reverts title
943	to the board of trustees if the local government fails to use
944	the property for a public purpose.
945	Section 15. Effective upon becoming law and
946	notwithstanding the exchange and surplusing requirements of
947	chapters 253 and 259, Florida Statutes, and the notice
948	requirements of chapter 270, Florida Statutes, in an exchange of
949	lands contemplated between the Board of Trustees of the Internal
950	Improvement Trust Fund and a private entity for formerly
951	submerged sovereignty lands, heretofore known as the "Chapman
952	Exchange", the board shall exchange lands with the private
953	entity under these provisions no later than July 1, 2003. This
954	exchange satisfies the constitutional public interest test for
955	the following reasons:
956	1. The land to be exchanged by the state is not greater
957	than 200 acres, is within a rural county of critical economic
958	concern, and is adjacent to lands previously sold by the state
959	to private interests.
960	2. The land to be exchanged is currently off the tax rolls
961	of the county, which is at the 10 mill constitutional cap.
962	3. The private entity has been negotiating an exchange
963	with the Division of State Lands for a period of not less than
964	one year, has acquired lands within the division's project areas
965	for conservation land acquisition, and owns land adjacent to the
966	subject state parcel.
967	4. The exchange shall be of equal monetary value. The
968	private entity shall provide any difference in appraised value
969	at the time of closing in cash or the equivalent.
970	Section 16. Sections 253.84 and 259.0345, Florida
971	Statutes, are repealed.
972	Section 17. If any law amended by this act was also
973	amended by a law enacted at the 2003 Regular Session of the
974	Legislature, such laws shall be construed as if they had been
975	enacted at the same session of the Legislature, and full effect
976	shall be given to each if possible.
977	Section 18. Except as otherwise provided, this act shall
978	take effect July 1, 2003.