HB 0087A, Engrossed 1 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 10 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. 373.089, F.S.; providing conditions under which lands
49	titled in the name of a water management district may be
50	made available for purchase through a surplusing process;
51	amending s. 373.139, F.S.; repealing obsolete
52	requirements; revising requirements for appraisals when
53	acquiring water management district lands; amending s.
54	373.59, F.S.; revising provisions requiring payments in
55	lieu of taxes from funds deposited into the Water
56	Management Lands Trust Fund; amending s. 373.5905, F.S.;
57	revising provisions requiring reinstitution of payments in
58	lieu of taxes; amending s. 260.016, F.S.; revising powers
59	of the department in evaluating lands for acquisition of
60	greenways and trails; requiring the exchange of lands
61	between the Board of Trustees of the Internal Improvement
62	Trust Fund and a local government under certain
63	conditions; providing purposes for which exchanged lands
64	may be used; requiring the exchange of lands between the
65	Board of Trustees of the Internal Improvement Trust Fund
66	and a private entity by July 1, 2003; repealing s. 253.84,
67	F.S., relating to the acquisition of lands containing
68	cattle-dipping vats; repealing s. 259.0345, F.S., relating
69	to the Florida Forever Advisory Council; providing for
70	construction of the act in pari materia with laws enacted
71	during the Regular Session of the Legislature; providing
72	an effective date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1. Paragraph (a) of subsection (6) of section
77	253.025, Florida Statutes, is amended to read:
78	253.025 Acquisition of state lands for purposes other than
79	preservation, conservation, and recreation.--
80	(6) Prior to negotiations with the parcel owner to
81	purchase land pursuant to this section, title to which will vest
82	in the board of trustees, an appraisal of the parcel shall be
83	required as follows:
84	(a) Each parcel to be acquired shall have at least one
85	appraisal. Two appraisals are required when the estimatedvalue
86	of the parcelfirst appraisal exceeds $1 million$500,000.
87	However, when the values of both appraisals exceed $500,000 and
88	differ significantly, a third appraisal may be obtained.When a
89	parcel is estimated to be worth $100,000 or less and the
90	director of the Division of State Lands finds that the cost of
91	obtaining an outside appraisal is not justified, a comparable
92	sales analysis or other reasonably prudent procedures may be
93	used by the division to estimate the value of the parcel,
94	provided the public's interest is reasonably protected. The
95	state is not required to appraise the value of lands and
96	appurtenances that are being donated to the state.an appraisal
97	prepared by the division may be used.
98	Section 2. Subsections (2), (5), and (6) of section
99	253.034, Florida Statutes, are amended, subsections (8), (9),
100	(10), and (11) are renumbered as subsections (9), (10), (11),
101	and (12), respectively, and a new subsection (8) is added to
102	said section, to read:
103	253.034 State-owned lands; uses.--
104	(2) As used in this section, the following phrases have
105	the following meanings:
106	(a) "Multiple use" means the harmonious and coordinated
107	management of timber, recreation, conservation of fish and
108	wildlife, forage, archaeological and historic sites, habitat and
109	other biological resources, or water resources so that they are
110	utilized in the combination that will best serve the people of
111	the state, making the most judicious use of the land for some or
112	all of these resources and giving consideration to the relative
113	values of the various resources. Where necessary and
114	appropriate for all state-owned lands that are larger than 1,000
115	acres in project size and are managed for multiple uses, buffers
116	may be formed around any areas that require special protection
117	or have special management needs. Such buffers shall not exceed
118	more than one-half of the total acreage. Multiple uses within a
119	buffer area may be restricted to provide the necessary buffering
120	effect desired. Multiple use in this context includes both uses
121	of land or resources by more than one management entity, which
122	may include private sector land managers. In any case, lands
123	identified as multiple-use lands in the land management plan
124	shall be managed to enhance and conserve the lands and resources
125	for the enjoyment of the people of the state.
126	(b) "Single use" means management for one particular
127	purpose to the exclusion of all other purposes, except that the
128	using entity shall have the option of including in its
129	management program compatible secondary purposes which will not
130	detract from or interfere with the primary management purpose.
131	Such single uses may include, but are not necessarily restricted
132	to, the use of agricultural lands for production of food and
133	livestock, the use of improved sites and grounds for
134	institutional purposes, and the use of lands for parks,
135	preserves, wildlife management, archaeological or historic
136	sites, or wilderness areas where the maintenance of essentially
137	natural conditions is important. All submerged lands shall be
138	considered single-use lands and shall be managed primarily for
139	the maintenance of essentially natural conditions, the
140	propagation of fish and wildlife, and public recreation,
141	including hunting and fishing where deemed appropriate by the
142	managing entity.
143	(c) "Conservation lands" means lands that are currently
144	managed for conservation, outdoor resource-based recreation, or
145	archaeological or historic preservation, except those lands that
146	were acquired solely to facilitate the acquisition of other
147	conservation lands. Lands acquired for uses other than
148	conservation, outdoor resource-based recreation, or
149	archaeological or historic preservation shall not be designated
150	conservation lands except as otherwise authorized under this
151	section. These lands shall include, but not be limited to, the
152	following: correction and detention facilities, military
153	installations and facilities, state office buildings,
154	maintenance yards, state university or state community college
155	campuses, agricultural field stations or offices, tower sites,
156	law enforcement and license facilities, laboratories, hospitals,
157	clinics, and other sites that possess no significant natural or
158	historical resources. However, lands acquired solely to
159	facilitate the acquisition of other conservation lands, and for
160	which the land management plan has not yet been completed or
161	updated, may be evaluated by the Board of Trustees of the
162	Internal Improvement Trust Fund on a case-by-case basis to
163	determine if they will be designated conservation lands.
164
165	Lands acquired by the state as a gift, through donation, or by
166	any other conveyance for which no consideration was paid, and
167	which are not managed for conservation, outdoor resource-based
168	recreation, or archaeological or historic preservation under a
169	land management plan approved by the board of trustees are not
170	conservation lands.
171	(5) Each manager of conservation lands shall submit to the
172	Division of State Lands a land management plan at least every 10
173	years in a form and manner prescribed by rule by the board and
174	in accordance with the provisions of s. 259.032. Each manager of
175	conservation lands shall also update a land management plan
176	whenever the manager proposes to add new facilities or make
177	substantive land use or management changes that were not
178	addressed in the approved plan, or within one year of the
179	addition of significant new lands. Each manager of
180	nonconservation lands shall submit to the Division of State
181	Lands a land use plan at least every 10 years in a form and
182	manner prescribed by rule by the board. The division shall
183	review each plan for compliance with the requirements of this
184	subsection and the requirements of the rules established by the
185	board pursuant to this section. All land use plans, whether for
186	single-use or multiple-use properties, shall include an analysis
187	of the property to determine if any significant natural or
188	cultural resources are located on the property. Such resources
189	include archaeological and historic sites, state and federally
190	listed plant and animal species, and imperiled natural
191	communities and unique natural features. If such resources occur
192	on the property, the manager shall consult with the Division of
193	State Lands and other appropriate agencies to develop management
194	strategies to protect such resources. Land use plans shall also
195	provide for the control of invasive nonnative plants and
196	conservation of soil and water resources, including a
197	description of how the manager plans to control and prevent soil
198	erosion and soil or water contamination. Land use plans
199	submitted by a manager shall include reference to appropriate
200	statutory authority for such use or uses and shall conform to
201	the appropriate policies and guidelines of the state land
202	management plan. Plans for managed areas larger than 1,000 acres
203	shall contain an analysis of the multiple-use potential of the
204	property, which analysis shall include the potential of the
205	property to generate revenues to enhance the management of the
206	property. Additionally, the plan shall contain an analysis of
207	the potential use of private land managers to facilitate the
208	restoration or management of these lands. In those cases where a
209	newly acquired property has a valid conservation plan that was
210	developed by a soil and conservation district, such plan shall
211	be used to guide management of the property until a formal land
212	use plan is completed.Each entity managing conservation lands
213	shall submit to the Division of State Lands a land management
214	plan at least every 5 years in a form and manner prescribed by
215	rule by the board. All management plans, whether for single-use
216	or multiple-use properties, shall specifically describe how the
217	managing entity plans to identify, locate, protect and preserve,
218	or otherwise use fragile nonrenewable resources, such as
219	archaeological and historic sites, as well as other fragile
220	resources, including endangered plant and animal species, and
221	provide for the conservation of soil and water resources and for
222	the control and prevention of soil erosion. Land management
223	plans submitted by an entity shall include reference to
224	appropriate statutory authority for such use or uses and shall
225	conform to the appropriate policies and guidelines of the state
226	land management plan. All land management plans for parcels
227	larger than 1,000 acres shall contain an analysis of the
228	multiple-use potential of the parcel, which analysis shall
229	include the potential of the parcel to generate revenues to
230	enhance the management of the parcel. Additionally, the land
231	management plan shall contain an analysis of the potential use
232	of private land managers to facilitate the restoration or
233	management of these lands. In those cases where a newly
234	acquired property has a valid conservation plan, the plan shall
235	be used to guide management of the property until a formal land
236	management plan is completed.
237	(a) The Division of State Lands shall make available to
238	the public a copy of each land management plan for parcels that
239	exceed 160 acres in size. The council shall review each plan for
240	compliance with the requirements of this subsection, the
241	requirements of chapter 259, and the requirements of the rules
242	established by the board pursuant to this section. The council
243	shall also consider the propriety of the recommendations of the
244	managing entity with regard to the future use of the property,
245	the protection of fragile or nonrenewable resources, the
246	potential for alternative or multiple uses not recognized by the
247	managing entity, and the possibility of disposal of the property
248	by the board. After its review, the council shall submit the
249	plan, along with its recommendations and comments, to the board.
250	The council shall specifically recommend to the board whether to
251	approve the plan as submitted, approve the plan with
252	modifications, or reject the plan.
253	(b) The Board of Trustees of the Internal Improvement
254	Trust Fund shall consider the land management plan submitted by
255	each entity and the recommendations of the council and the
256	Division of State Lands and shall approve the plan with or
257	without modification or reject such plan. The use or possession
258	of any such lands that is not in accordance with an approved
259	land management plan is subject to termination by the board.
260	(6) The Board of Trustees of the Internal Improvement
261	Trust Fund shall determine which lands, the title to which is
262	vested in the board, may be surplused. For conservation lands,
263	the board shall make a determination that the lands are no
264	longer needed for conservation purposes and may dispose of them
265	by a two-thirds vote. In the case of a land exchange involving
266	the disposition of conservation lands, the board must determine
267	by at least a two-thirds vote that the exchange will result in a
268	net positive conservation benefit. For all other lands, the
269	board shall make a determination that the lands are no longer
270	needed and may dispose of them by majority vote.
271	(a) For the purposes of this subsection, all lands
272	acquired by the state prior to July 1, 1999, using proceeds from
273	the Preservation 2000 bonds, the Conservation and Recreation
274	Lands Trust Fund, the Water Management Lands Trust Fund,
275	Environmentally Endangered Lands Program, and the Save Our Coast
276	Program and titled to the board, which lands are identified as
277	core parcels or within original project boundaries, shall be
278	deemed to have been acquired for conservation purposes.
279	(b) For any lands purchased by the state on or after July
280	1, 1999, a determination shall be made by the board prior to
281	acquisition as to those parcels that shall be designated as
282	having been acquired for conservation purposes. No lands
283	acquired for use by the Department of Corrections, the
284	Department of Management Services for use as state offices, the
285	Department of Transportation, except those specifically managed
286	for conservation or recreation purposes, or the State University
287	System or the Florida Community College System shall be
288	designated as having been purchased for conservation purposes.
289	(c) At least every 105years, as a component of each land
290	management plan or land use plan and in a form and manner
291	prescribed by rule by the board, each managermanagement entity
292	shall evaluate and indicate to the board those lands that the
293	entity manages whichare not being used for the purpose for
294	which they were originally leased. For conservation lands, the
295	council shall review and shall recommend to the board whether
296	such lands should be retained in public ownership or disposed of
297	by the board. For nonconservation lands, the division shall
298	review such lands and shall recommend to the board whether such
299	lands should be retained in public ownership or disposed of by
300	the board.Such lands shall be reviewed by the council for its
301	recommendation as to whether such lands should be disposed of by
302	the board.
303	(d) Lands owned by the board which are not actively
304	managed by any state agency or for which a land management plan
305	has not been completed pursuant to subsection (5) shall be
306	reviewed by the council or its successor for its recommendation
307	as to whether such lands should be disposed of by the board.
308	(e) Prior to any decision by the board to surplus lands,
309	the Acquisition and Restoration Council shall review and make
310	recommendations to the board concerning the request for
311	surplusing. The council shall determine whether the request for
312	surplusing is compatible with the resource values of and
313	management objectives for such lands.
314	(f) In reviewing lands owned by the board, the council
315	shall consider whether such lands would be more appropriately
316	owned or managed by the county or other unit of local government
317	in which the land is located. The council shall recommend to the
318	board whether a sale, lease, or other conveyance to a local
319	government would be in the best interests of the state and local
320	government. The provisions of this paragraph in no way limit the
321	provisions of ss. 253.111 and 253.115. Such lands shall be
322	offered to the state, county, or local government for a period
323	of 30 days. Permittable uses for such surplus lands may include
324	public schools; public libraries; fire or law enforcement
325	substations; and governmental, judicial, or recreational
326	centers. County or local government requests for surplus lands
327	shall be expedited throughout the surplusing process. If the
328	county or local government does not elect to purchase such lands
329	in accordance with s. 253.111, then any surplusing determination
330	involving other governmental agencies shall be made upon the
331	board deciding the best public use of the lands. Surplus
332	properties in which governmental agencies have expressed no
333	interest shall then be available for sale on the private market.
334	(g) The sale price oflands determined to be surplus
335	pursuant to this subsection shall be determined by the division
336	and shall take into consideration an appraisal of the property,
337	or, when the estimated value of the land is less than $100,000,
338	a comparable sales analysis or a broker's opinion of value, and
339	sold for appraised value or the price paid by the state or a
340	water management district to originally acquire the lands.,
341	whichever is greater, except when the board or its designee
342	determines a different sale price is in the public interest.
343	However, for those lands sold as surplus to any unit of
344	government, the price shall not exceed the price paid by the
345	state or a water management district to originally acquire the
346	lands. A unit of government thatwhichacquires title to lands
347	hereunder for less than appraised value may not sell or transfer
348	title to all or any portion of the lands to any private owner
349	for a period of 10 years. Any unit of government seeking to
350	transfer or sell lands pursuant to this paragraph shall first
351	allow the board of trustees to reacquire such lands for the
352	price at which the boardtheysold such lands.
353	(h) Where a unit of government acquired land by gift,
354	donation, grant, quit-claim deed, or other such conveyance where
355	no monetary consideration was exchanged, the price of land sold
356	as surplus may be based on one appraisal. In the event that a
357	single appraisal yields a value equal to or greater than $1
358	million, a second appraisal is required. The individual or
359	entity requesting the surplus shall select and use appraisers
360	from the list of approved appraisers maintained by the Division
361	of State Lands in accordance with s. 253.025(6)(b). The
362	individual or entity requesting the surplus is to incur all
363	costs of the appraisals.
364	(i) After reviewing the recommendations of the council,
365	the board shall determine whether lands identified for surplus
366	are to be held for other public purposes or whether such lands
367	are no longer needed. The board may require an agency to
368	release its interest in such lands. For an agency that has
369	requested the use of a property that was to be declared as
370	surplus, said agency must have the property under lease within 6
371	months of the date of expiration of the notice provisions
372	required under ss. 253.034(6) and 253.111.
373	(j) Requests for surplusing may be made by any public or
374	private entity or person. All requests shall be submitted to
375	the lead managing agency for review and recommendation to the
376	council or its successor. Lead managing agencies shall have 90
377	days to review such requests and make recommendations. Any
378	surplusing requests that have not been acted upon within the 90-
379	day time period shall be immediately scheduled for hearing at
380	the next regularly scheduled meeting of the council or its
381	successor. Requests for surplusing pursuant to this paragraph
382	shall not be required to be offered to local or state
383	governments as provided in paragraph (f).
384	(k) Proceeds from any sale of surplus lands pursuant to
385	this subsection shall be deposited into the fund from which such
386	lands were acquired. However, if the fund from which the lands
387	were originally acquired no longer exists, such proceeds shall
388	be deposited into an appropriate account to be used for land
389	management by the lead managing agency assigned the lands prior
390	to the lands being declared surplus. Funds received from the
391	sale of surplus nonconservation lands, or lands that were
392	acquired by gift, by donation, or for no consideration, shall be
393	deposited into the Internal Improvement Trust Fund.
394	(l) Notwithstanding the provisions of this subsection, no
395	such disposition of land shall be made if such disposition would
396	have the effect of causing all or any portion of the interest on
397	any revenue bonds issued to lose the exclusion from gross income
398	for federal income tax purposes.
399	(m) The sale of filled, formerly submerged land that does
400	not exceed 5 acres in area is not subject to review by the
401	council or its successor.
402	(n) The board may adopt rules to implement the provisions
403	of this section, which may include procedures for administering
404	surplus land requests and criteria for when the division may
405	approve requests to surplus nonconservation lands on behalf of
406	the board.
407	(8)(a) Notwithstanding other provisions of this section,
408	the Division of State Lands is directed to prepare a state
409	inventory of all federal lands and all lands titled in the name
410	of the state, a state agency, a water management district, or a
411	local government on a county-by-county basis. To facilitate the
412	development of the state inventory, each county shall direct the
413	appropriate county office with authority over the information to
414	provide the division with a county inventory of all lands
415	identified as federal lands and lands titled in the name of the
416	state, a state agency, a water management district, or a local
417	government.
418	(b) The state inventory must distinguish between lands
419	purchased by the state or a water management district as part of
420	a core parcel or within original project boundaries, as those
421	terms are used to meet the surplus requirements of subsection
422	(6), and lands purchased by the state, a state agency, or a
423	water management district which are not essential or necessary
424	for conservation purposes.
425	(c) In any county in which more than 50 percent of the
426	lands within the county boundary are federal lands and lands
427	titled in the name of the state, a state agency, a water
428	management district, or a local government, those lands titled
429	in the name of the state or a state agency that are not
430	essential or necessary to meet conservation purposes may, upon
431	request of a public or private entity, be made available for
432	purchase through the state's surplusing process. Rights-of-way
433	for existing, proposed, or anticipated transportation facilities
434	are exempt from the requirements of this paragraph. Priority
435	consideration shall be given to buyers, public or private,
436	willing to return the property to productive use so long as the
437	property can be reentered onto the county ad valorem tax roll.
438	Property acquired with matching funds from a local government
439	shall not be made available for purchase without the consent of
440	said local government.
441	Section 3. Section 253.0341, Florida Statutes, is created
442	to read:
443	253.0341 Surplus of state-owned lands to counties or local
444	governments.--Counties and local governments may submit
445	surplusing requests for state-owned lands directly to the board
446	of trustees. County or local government requests for the state
447	to surplus conservation or nonconservation lands, whether for
448	purchase or exchange, shall be expedited throughout the
449	surplusing process. Property jointly acquired by the state and
450	other entities shall not be surplused without the consent of all
451	joint owners.
452	(1) The decision to surplus state-owned nonconservation
453	lands may be made by the board without a review of, or a
454	recommendation on, the request from the Acquisition and
455	Restoration Council or the Division of State Lands. Such
456	requests for nonconservation lands shall be considered by the
457	board within 60 days of the board's receipt of the request.
458	(2) County or local government requests for the surplusing
459	of state-owned conservation lands are subject to review of and
460	recommendation on the request to the board by the Acquisition
461	and Restoration Council. Requests to surplus conservation lands
462	shall be considered by the board within 120 days of the board's
463	receipt of the request.
464	Section 4. Section 253.42, Florida Statutes, is amended to
465	read:
466	(Substantial rewording of section. See
467	s. 253.42, F.S., for present text.)
468	253.42 Board of trustees may exchange lands.--The
469	provisions of this section apply to all lands owned by, vested
470	in, or titled in the name of the board whether the lands were
471	acquired by the state as a purchase, or through gift, donation,
472	or any other conveyance for which no consideration was paid.
473	(1) The board of trustees may exchange any lands owned by,
474	vested in, or titled in the name of the board for other lands in
475	the state owned by counties, local governments, individuals, or
476	private or public corporations, and may fix the terms and
477	conditions of any such exchange. Any nonconservation lands that
478	were acquired by the state through gift, donation, or any other
479	conveyance for which no consideration was paid must first be
480	offered at no cost to a county or local government unless
481	otherwise provided in a deed restriction of record or other
482	legal impediment, and so long as the use proposed by the county
483	or local government is for a public purpose. For conservation
484	lands acquired by the state through gift, donation, or any other
485	conveyance for which no consideration was paid, the state may
486	request land of equal conservation value from the county or
487	local government but no other consideration.
488	(2) In exchanging state-owned lands not acquired by the
489	state through gift, donation, or any other conveyance for which
490	no consideration was paid, with counties or local governments,
491	the board shall require an exchange of equal value. Equal value
492	is defined as the conservation benefit of the lands being
493	offered for exchange by a county or local government being equal
494	or greater in conservation benefit than the state-owned lands.
495	Such exchanges may include cash transactions if based on an
496	appropriate measure of value of the state-owned land, but must
497	also include the determination of a net-positive conservation
498	benefit by the Acquisition and Restoration Council, irrespective
499	of appraised value.
500	(3) The board shall select and agree upon the state lands
501	to be exchanged and the lands to be conveyed to the state and
502	shall pay or receive any sum of money deemed necessary by the
503	board for the purpose of equalizing the value of the exchanged
504	property. The board is authorized to make and enter into
505	contracts or agreements for such purpose or purposes.
506	Section 5. Section 253.7823, Florida Statutes, is amended
507	to read:
508	253.7823 Disposition of surplus lands; compensation of
509	counties located within the Cross Florida Canal Navigation
510	District.--
511	(1) The department mayshallidentify parcels of former
512	barge canal lands thatwhich may be sold or exchanged as needed
513	to repay the counties of the Cross Florida Canal Navigation
514	District any sums due them pursuant to s. 253.783(2)(e). In
515	identifying said surplus lands, the department shall give
516	priority toconsideration to lands situated outside the
517	greenways' boundaries, those landsnot having high recreation or
518	conservation values, and those having the greatest assessed
519	valuations. Although the department shall immediately begin to
520	identify the parcels of surplus lands to be sold, the department
521	shall offer the lands for sale in a manner designed to maximize
522	the amounts received over a reasonable period of time.
523	(2) Disbursements of amounts due the counties shall be
524	made on a semiannual basis and shall be completed before any
525	additional lands or easements may be acquired within the
526	boundaries of the greenways.
527	(2)(3) In addition to lands identified for sale to
528	generate funds for repayment of counties pursuant to s.
529	253.783(2)(e),The department is authorized to sell surplus
530	additional former canal lands if they are determined to be
531	unnecessary to the effective provision of the type of
532	recreational opportunities and conservation activities for which
533	the greenway wasgreenways werecreated.
534	(4) Until repayment to the counties pursuant to s.
535	253.783(2)(e) has been completed, any agency wishing to use
536	former canal lands must pay the full assessed value of said
537	lands.
538	Section 6. Paragraph (c) of subsection (10) and
539	subsections (12), (13), and (16) of section 259.032, Florida
540	Statutes, are amended to read:
541	259.032 Conservation and Recreation Lands Trust Fund;
542	purpose.--
543	(10)
544	(c) Once a plan is adopted, the managing agency or entity
545	shall update the plan at least every 105years in a form and
546	manner prescribed by rule of the board of trustees. Such
547	updates, for parcels over 160 acres, shall be developed with
548	input from an advisory group. Such plans may include transfers
549	of leasehold interests to appropriate conservation organizations
550	or governmental entities designated by the Land Acquisition and
551	Management Advisory Council or its successor, for uses
552	consistent with the purposes of the organizations and the
553	protection, preservation, conservation, restoration, and proper
554	management of the lands and their resources. Volunteer
555	management assistance is encouraged, including, but not limited
556	to, assistance by youths participating in programs sponsored by
557	state or local agencies, by volunteers sponsored by
558	environmental or civic organizations, and by individuals
559	participating in programs for committed delinquents and adults.
560	(12)(a) Beginning July 1, 1999, the Legislature shall make
561	available sufficient funds annually from the Conservation and
562	Recreation Lands Trust Fund to the department for payment in
563	lieu of taxes to qualifying counties and local governments as
564	defined in paragraph (b) for all actual tax losses incurred as a
565	result of board of trustees acquisitions for state agencies
566	under the Florida Forever program or the Florida Preservation
567	2000 program during any year. Reserved funds not used for
568	payments in lieu of taxes in any year shall revert to the fund
569	to be used for land managementacquisitionin accordance with
570	the provisions of this section.
571	(b) Payment in lieu of taxes shall be available:
572	1. To all counties that have a population of 150,000 or
573	fewer. Population levels shall be determined pursuant to s.
574	11.031.
575	2. To all local governments located in eligible counties.
576	3. To Glades County, where a privately owned and operated
577	prison leased to the state has recently been opened and where
578	privately owned and operated juvenile justice facilities leased
579	to the state have recently been constructed and opened, a
580	payment in lieu of taxes, in an amount that offsets the loss of
581	property tax revenue, which funds have already been appropriated
582	and allocated from the Department of Correction's budget for the
583	purpose of reimbursing amounts equal to lost ad valorem taxes.
584
585	Counties and local governments that did not receive payments in
586	lieu of taxes for lands purchased pursuant to s. 259.101 during
587	fiscal year 1999-2000, if such counties and local governments
588	would have received payments pursuant to this subsection as that
589	section existed on June 30, 1999, shall receive retroactive
590	payments for such tax losses.
591	(c) If insufficient funds are available in any year to
592	make full payments to all qualifying counties and local
593	governments, such counties and local governments shall receive a
594	pro rata share of the moneys available.
595	(d) The payment amount shall be based on the average
596	amount of actual taxes paid on the property for the 3 years
597	preceding acquisition. Applications for payment in lieu of taxes
598	shall be made no later than January 31 of the year following
599	acquisition. No payment in lieu of taxes shall be made for
600	properties which were exempt from ad valorem taxation for the
601	year immediately preceding acquisition.
602	(e)If property which was subject to ad valorem taxation
603	was acquired by a tax-exempt entity for ultimate conveyance to
604	the state under this chapter, payment in lieu of taxes shall be
605	made for such property based upon the average amount of taxes
606	paid on the property for the 3 years prior to its being removed
607	from the tax rolls. The department shall certify to the
608	Department of Revenue those properties that may be eligible
609	under this provision. Once eligibility has been established,
610	that county or local government shall receive 10 consecutive
611	annual payments for each tax loss, and no further eligibility
612	determination shall be made during that period.
613	(f)(e)Payment in lieu of taxes pursuant to this
614	subsection shall be made annually to qualifying counties and
615	local governments after certification by the Department of
616	Revenue that the amounts applied for are reasonably appropriate,
617	based on the amount of actual taxes paid on the eligible
618	property. With the assistance of the local government requesting
619	payment in lieu of taxes, the state agency that acquired the
620	land is responsible for preparing and submitting application
621	requests for payment to the Department of Revenue for
622	certification, and after the Department of Environmental
623	Protection has provided supporting documents to the Comptroller
624	and has requested that payment be made in accordance with the
625	requirements of this section.
626	(g)(f)If the board of trustees conveys to a local
627	government title to any land owned by the board, any payments in
628	lieu of taxes on the land made to the local government shall be
629	discontinued as of the date of the conveyance.
630
631	For the purposes of this subsection, "local government" includes
632	municipalities, the county school board, mosquito control
633	districts, and any other local government entity which levies ad
634	valorem taxes, with the exception of a water management
635	district.
636	(13) Moneys credited to the fund each year which are not
637	used for management, maintenance, or capital improvements
638	pursuant to subsection (11); for payment in lieu of taxes
639	pursuant to subsection (12); or for the purposes of subsection
640	(5),shall be available for the acquisition of land pursuant to
641	this section.
642	(16) Notwithstanding other provisions of law relating to
643	the purpose of the Conservation and Recreation Lands Trust Fund,
644	and for the 2002-2003 fiscal year only, the purposes of the
645	trust fund shall include funding issues provided in the General
646	Appropriations Act. This subsection expires July 1, 2003.
647	Section 7. Section 259.0322, Florida Statutes, is amended
648	to read:
649	259.0322 Reinstitution of payments in lieu of taxes;
650	duration.--If the Department of Environmental Protection or a
651	water management districthas made a payment in lieu of taxes to
652	a governmental entity and subsequently suspended such payment,
653	the department or water management districtshall reinstitute
654	appropriate payments and continue the payments in consecutive
655	years until the governmental entity has received a total of 10
656	payments for each tax loss.
657	Section 8. Subsection (2) of section 259.036, Florida
658	Statutes, is amended to read:
659	259.036 Management review teams.--
660	(2) The land management review team shall review select
661	management areasparcels of managed land prior to the date the
662	managermanaging agency is required to submit a 10-yearits 5-
663	year land management plan update. For management areas that
664	exceed 1,000 acres in size, the Division of State Lands shall
665	schedule a land management review at least every 5 years.A copy
666	of the review shall be provided to the managermanaging agency,
667	the Division of State Lands, and the Acquisition and Restoration
668	CouncilLand Acquisition and Management Advisory Council or its
669	successor. The managermanaging agencyshall consider the
670	findings and recommendations of the land management review team
671	in finalizing the required 10-year5-yearupdate of its
672	management plan.
673	Section 9. Subsection (1) of section 259.041, Florida
674	Statutes, is amended to read:
675	259.041 Acquisition of state-owned lands for preservation,
676	conservation, and recreation purposes.--
677	(1) Neither the Board of Trustees of the Internal
678	Improvement Trust Fund nor its duly authorized agent shall
679	commit the state, through any instrument of negotiated contract
680	or agreement for purchase, to the purchase of lands with or
681	without appurtenances unless the provisions of this section have
682	been fully complied with. Except for the requirements of
683	subsections (3), (14), and (15), the board of trustees may waive
684	any requirements of this section, may waive any rules adopted
685	pursuant to this section, notwithstanding chapter 120,However,
686	the board of trustees may waive any requirement of this section,
687	except the requirements of subsections (3), (14), and (15); or,
688	notwithstanding chapter 120, may waive any rules adopted
689	pursuant to this section, except rules adopted pursuant to
690	subsections (3),(14), and (15);or may substitute other
691	reasonably prudent procedures, provided the public's interest is
692	reasonably protected. The title to lands acquired pursuant to
693	this section shall vest in the board of trustees as provided in
694	s. 253.03(1), unless otherwise provided by law, and. all such
695	titled lands, title to which is vested in the board of trustees
696	pursuant to this section,shall be administered pursuant to the
697	provisions of s. 253.03.
698	Section 10. Present subsection (5) of section 373.089,
699	Florida Statutes, is renumbered as subsection (6), and a new
700	subsection (5) is added to said section, to read:
701	373.089 Sale or exchange of lands, or interests or rights
702	in lands.--The governing board of the district may sell lands,
703	or interests or rights in lands, to which the district has
704	acquired title or to which it may hereafter acquire title in the
705	following manner:
706	(5) In any county in which more than 50 percent of the
707	lands within the county boundary are federal lands and lands
708	titled in the name of the state, a state agency, a water
709	management district, or a local government, those lands titled
710	in the name of a water management district that are not
711	essential or necessary to meet conservation purposes may, upon
712	request of a public or private entity, be made available for
713	purchase through the surplusing process in this section.
714	Priority consideration must be given to buyers, public or
715	private, who are willing to return the property to productive
716	use so long as the property can be reentered onto the county ad
717	valorem tax roll. Property acquired with matching funds from a
718	local government shall not be made available for purchase
719	without the consent of the local government.
720	Section 11. Subsection (3) of section 373.139, Florida
721	Statutes, is amended to read:
722	373.139 Acquisition of real property.--
723	(3) The initial 5-year work plan and any subsequent
724	modifications or additions thereto shall be adopted by each
725	water management district after a public hearing. Each water
726	management district shall provide at least 14 days' advance
727	notice of the hearing date and shall separately notify each
728	county commission within which a proposed work plan project or
729	project modification or addition is located of the hearing date.
730	(a) Appraisal reports, offers, and counteroffers are
731	confidential and exempt from the provisions of s. 119.07(1)
732	until an option contract is executed or, if no option contract
733	is executed, until 30 days before a contract or agreement for
734	purchase is considered for approval by the governing board.
735	However, each district may, at its discretion, disclose
736	appraisal reports to private landowners during negotiations for
737	acquisitions using alternatives to fee simple techniques, if the
738	district determines that disclosure of such reports will bring
739	the proposed acquisition to closure. In the event that
740	negotiation is terminated by the district, the title
741	information,appraisal report, offers, and counteroffers shall
742	become available pursuant to s. 119.07(1). Notwithstanding the
743	provisions of this section and s. 259.041, a district and the
744	Division of State Lands may share and disclose title
745	information,appraisal reports, appraisal information, offers,
746	and counteroffers when joint acquisition of property is
747	contemplated. A district and the Division of State Lands shall
748	maintain the confidentiality of such title information,
749	appraisal reports, appraisal information, offers, and
750	counteroffers in conformance with this section and s. 259.041,
751	except in those cases in which a district and the division have
752	exercised discretion to disclose such information. A district
753	may disclose appraisal information, offers, and counteroffers to
754	a third party who has entered into a contractual agreement with
755	the district to work with or on the behalf of or to assist the
756	district in connection with land acquisitions. The third party
757	shall maintain the confidentiality of such information in
758	conformance with this section. In addition, a district may use,
759	as its own, appraisals obtained by a third party provided the
760	appraiser is selected from the district's list of approved
761	appraisers and the appraisal is reviewed and approved by the
762	district.
763	(b) The Secretary of Environmental Protection shall
764	release moneys from the appropriate account or trust fund to a
765	district for preacquisition costs within 30 days after receipt
766	of a resolution adopted by the district's governing board which
767	identifies and justifies any such preacquisition costs necessary
768	for the purchase of any lands listed in the district's 5-year
769	work plan. The district shall return to the department any funds
770	not used for the purposes stated in the resolution, and the
771	department shall deposit the unused funds into the appropriate
772	account or trust fund.
773	(c) The Secretary of Environmental Protection shall
774	release acquisition moneys from the appropriate account or trust
775	fund to a district following receipt of a resolution adopted by
776	the governing board identifying the lands being acquired and
777	certifying that such acquisition is consistent with the 5-year
778	work plan of acquisition and other provisions of this section.
779	The governing board also shall provide to the Secretary of
780	Environmental Protection a copy of all certified appraisals used
781	to determine the value of the land to be purchased. Each parcel
782	to be acquired must have at least one appraisal. Two appraisals
783	are required when the estimated value of the parcel exceeds $1
784	million$500,000. However, when both appraisals exceed $1
785	million$500,000and differ significantly, a third appraisal may
786	be obtained. If the purchase price is greater than the
787	appraisal price, the governing board shall submit written
788	justification for the increased price. The Secretary of
789	Environmental Protection may withhold moneys for any purchase
790	that is not consistent with the 5-year plan or the intent of
791	this section or that is in excess of appraised value. The
792	governing board may appeal any denial to the Land and Water
793	Adjudicatory Commission pursuant to s. 373.114.
794	Section 12. Subsection (10) of section 373.59, Florida
795	Statutes, is amended to read:
796	373.59 Water Management Lands Trust Fund.--
797	(10)(a) Beginning July 1, 1999, not more than one-fourth
798	of the land managementfunds provided for in subsections (1) and
799	(8) in any year shall be reserved annually by a governing board,
800	during the development of its annual operating budget, for
801	payments in lieu of taxes for all actual tax losses incurred as
802	a result of governing board acquisitions for water management
803	districts pursuant to ss. 259.101, 259.105, 373.470,and this
804	section during any year. Reserved funds not used for payments in
805	lieu of taxes in any year shall revert to the Water Management
806	Lands Trust Fund to be used in accordance with the provisions of
807	this section.
808	(b) Payment in lieu of taxes shall be available:
809	1. To all counties that have a population of 150,000 or
810	fewer. Population levels shall be determined pursuant to s.
811	11.031.
812	2. To all local governments located in eligible counties
813	and whose lands are bought and taken off the tax rolls.
814
815	For properties acquired after January 1, 2000, in the event that
816	such properties otherwise eligible for payment in lieu of taxes
817	under this subsection are leased or reserved and remain subject
818	to ad valorem taxes, payments in lieu of taxes shall commence or
819	recommence upon the expiration or termination of the lease or
820	reservation, but in no event shall there be more than a total of
821	10tenannual payments in lieu of taxes for each tax loss. If
822	the lease is terminated for only a portion of the lands at any
823	time, the 10tenannual payments shall be made for that portion
824	only commencing the year after such termination, without
825	limiting the requirement that 10tenannual payments shall be
826	made on the remaining portion or portions of the land as the
827	lease on each expires. For the purposes of this subsection,
828	"local government" includes municipalities, the county school
829	board, mosquito control districts, and any other local
830	government entity which levies ad valorem taxes.
831	(c) If sufficient funds are unavailable in any year to
832	make full payments to all qualifying counties and local
833	governments, such counties and local governments shall receive a
834	pro rata share of the moneys available.
835	(d) The payment amount shall be based on the average
836	amount of actual taxes paid on the property for the 3 years
837	preceding acquisition. Applications for payment in lieu of taxes
838	shall be made no later than January 31 of the year following
839	acquisition. No payment in lieu of taxes shall be made for
840	properties which were exempt from ad valorem taxation for the
841	year immediately preceding acquisition.
842	(e)If property that was subject to ad valorem taxation
843	was acquired by a tax-exempt entity for ultimate conveyance to
844	the state under this chapter, payment in lieu of taxes shall be
845	made for such property based upon the average amount of taxes
846	paid on the property for the 3 years prior to its being removed
847	from the tax rolls. The water management districts shall certify
848	to the Department of Revenue those properties that may be
849	eligible under this provision. Once eligibility has been
850	established, that governmental entity shall receive 10
851	consecutive annual payments for each tax loss, and no further
852	eligibility determination shall be made during that period.
853	(f)(e)Payment in lieu of taxes pursuant to this
854	subsection shall be made annually to qualifying counties and
855	local governments after certification by the Department of
856	Revenue that the amounts applied for are reasonably appropriate,
857	based on the amount of actual taxes paid on the eligible
858	property, and after the water management districts have provided
859	supporting documents to the Comptroller and have requested that
860	payment be made in accordance with the requirements of this
861	section. With the assistance of the local government requesting
862	payment in lieu of taxes, the water management district that
863	acquired the land is responsible for preparing and submitting
864	application requests for payment to the Department of Revenue
865	for certification.
866	(g)(f)If a water management district conveys to a county
867	or local government title to any land owned by the district, any
868	payments in lieu of taxes on the land made to the county or
869	local government shall be discontinued as of the date of the
870	conveyance.
871	(g) The districts may make retroactive payments to
872	counties and local governments that did not receive payments in
873	lieu of taxes for lands purchased under s. 259.101 and this
874	section during fiscal year 1999-2000 if the counties and local
875	governments would have received those payments under ss.
876	259.032(12) and 373.59(14).
877	Section 13. Section 373.5905, Florida Statutes, is amended
878	to read:
879	373.5905 Reinstitution of payments in lieu of taxes;
880	duration.--If the Department of Environmental Protection ora
881	water management district has made a payment in lieu of taxes to
882	a governmental entity and subsequently suspended such payment,
883	the department orwater management district shall reinstitute
884	appropriate payments and continue the payments in consecutive
885	years until the governmental entity has received a total of 10
886	payments for each tax loss.
887	Section 14. Subsection (2) of section 260.016, Florida
888	Statutes, is amended to read:
889	260.016 General powers of the department.--
890	(2) The department shall:
891	(a) Evaluate lands for the acquisition of greenways and
892	trails and compile a list of suitable corridors, greenways, and
893	trails, ranking them in order of priority for proposed
894	acquisition. The department shall devise a method of evaluation
895	which includes, but is not limited to, the consideration of:
896	1.the importance and function of such corridors within
897	the statewide system.
898	2. Potential for local sharing in the acquisition,
899	development, operation, or maintenance of greenway and trail
900	corridors.
901	3. Costs of acquisition, development, operation, and
902	maintenance.
903	(b) Maintain an updated list of abandoned and to-be-
904	abandoned railroad rights-of-way.
905	(c) Provide information to public and private agencies and
906	organizations on abandoned rail corridors which are or will be
907	available for acquisition from the railroads or for lease for
908	interim recreational use from the Department of Transportation.
909	(d) Develop and implement a process for designation of
910	lands and waterways as a part of the statewide system of
911	greenways and trails, which shall include:
912	1. Development and dissemination of criteria for
913	designation.
914	2. Development and dissemination of criteria for changes
915	in the terms or conditions of designation, including withdrawal
916	or termination of designation. A landowner may have his or her
917	lands removed from designation by providing the department with
918	a written request that contains an adequate description of such
919	lands to be removed. Provisions shall be made in the designation
920	agreement for disposition of any future improvements made to the
921	land by the department.
922	3. Compilation of available information on and field
923	verification of the characteristics of the lands and waterways
924	as they relate to the developed criteria.
925	3.4.Public notice pursuant to s. 120.525 in all phases of
926	the process.
927	5. Actual notice to the landowner by certified mail at
928	least 7 days before any public meeting regarding the
929	department's intent to designate.
930	4.6.Written authorization from the landowner in the form
931	of a lease or other instrument for the designation and granting
932	of public access, if appropriate, to a landowner's property.
933	5.7. Development ofA greenway or trail use plan as a part
934	of the designation agreement which shall. In any particular
935	segment of a greenway or trail, the plan components must be
936	compatible with connecting segments and,at a minimum, describe
937	the types and intensities of uses of the property.
938	(e) Implement the plan for the Florida Greenways and
939	Trails System as adopted by the Florida Greenways Coordinating
940	Council on September 11, 1998.
941	Section 15. In an exchange of lands contemplated between
942	the Board of Trustees of the Internal Improvement Trust Fund and
943	a local government for donated state lands no longer needed for
944	conservation purposes, lands proposed for exchange by the state
945	and the local government shall be considered of equal value and
946	no further consideration shall be required, provided that the
947	donated land being offered for exchange by the state is not
948	greater than 200 acres, and provided that the local government
949	has been negotiating the exchange of lands with the Division of
950	State Lands of the Department of Environmental Protection for a
951	period of not less than 1 year. Notwithstanding the exchange and
952	surplusing requirements of chapters 253 and 259, Florida
953	Statutes, and the notice requirements of chapter 270, Florida
954	Statutes, the board of trustees shall exchange lands with a
955	local government under these provisions no later than August 31,
956	2003. Lands conveyed to a local government under these
957	provisions must be used for a public purpose. Deeds of
958	conveyance conveyed to a local government under these provisions
959	shall contain a reverter clause that automatically reverts title
960	to the board of trustees if the local government fails to use
961	the property for a public purpose.
962	Section 16. Effective upon becoming law and
963	notwithstanding the exchange and surplusing requirements of
964	chapters 253 and 259, Florida Statutes, and the notice
965	requirements of chapter 270, Florida Statutes, in an exchange of
966	lands contemplated between the Board of Trustees of the Internal
967	Improvement Trust Fund and a private entity for formerly
968	submerged sovereignty lands, heretofore known as the "Chapman
969	Exchange", the board shall exchange lands with the private
970	entity under these provisions no later than July 1, 2003. This
971	exchange satisfies the constitutional public interest test for
972	the following reasons:
973	1. The land to be exchanged by the state is not greater
974	than 200 acres, is within a rural county of critical economic
975	concern, and is adjacent to lands previously sold by the state
976	to private interests.
977	2. The land to be exchanged is currently off the tax rolls
978	of the county, which is at the 10 mill constitutional cap.
979	3. The private entity has been negotiating an exchange
980	with the Division of State Lands for a period of not less than
981	one year, has acquired lands within the division's project areas
982	for conservation land acquisition, and owns land adjacent to the
983	subject state parcel.
984	4. The exchange shall be of equal monetary value. The
985	private entity shall provide any difference in appraised value
986	at the time of closing in cash or the equivalent.
987	Section 17. Sections 253.84 and 259.0345, Florida
988	Statutes, are repealed.
989	Section 18. If any law amended by this act was also
990	amended by a law enacted at the 2003 Regular Session of the
991	Legislature, such laws shall be construed as if they had been
992	enacted at the same session of the Legislature, and full effect
993	shall be given to each if possible.
994	Section 19. Except as otherwise provided, this act shall
995	take effect July 1, 2003.