HB 1425

1	A bill to be entitled
2	An act relating to state lands; amending s. 253.034, F.S.;
3	requiring the lead land managing agency of conservation and
4	nonconservation lands to utilize inmates of the Department
5	of Corrections and certain juvenile offenders who are
6	committed to the Department of Juvenile Justice to assist
7	in management or restoration activities on managed lands in
8	certain circumstances; specifying circumstances in which
9	such inmates and juvenile offenders may assist in
10	performing conservation activities; directing land managing
11	agencies to make certain evaluations concerning the
12	potential use of inmates and juvenile offenders to assist
13	in the initial management or restoration of specified
14	property; revising a limitation on the availability of
15	certain lands for purchase through the state's surplusing
16	process; amending s. 259.032, F.S.; directing land managing
17	agencies to make certain evaluations concerning the
18	potential use of inmates and juvenile offenders to assist
19	in the initial management or restoration of specified
20	property; revising a provision pertaining to payments for
21	tax losses; revising a provision pertaining to further
22	determination of eligibility for such payment; amending s.
23	259.041, F.S.; providing that certain conservation
24	easements shall not interfere with the landowner's ability
25	to conduct agricultural operations; providing that any
26	provision that constitutes such interference is
27	unenforceable against the landowner; providing a
28	definition; amending s. 373.5905, F.S.; revising a
29	provision pertaining to payments by a water management
30	district in lieu of taxes; amending s. 946.40, F.S.;
31	requiring the Department of Corrections to enter into
32	agreements with state agencies that are responsible for
33	managing state lands in certain circumstances; specifying
34	that the purpose of such agreements is to utilizing inmate
35	labor for state land management activities; providing for
36	reimbursement to the department from such state agencies;
37	specifying circumstances in which a state agency is not
38	required to enter into such agreements; reenacting ss.
39	159.705(11), 259.032 (9), (10)(b), and (e), and 253.036,
40	F.S., relating to powers of research and development
41	authorities, the Conservation and Recreation Lands Trust
42	Fund, and forest management, respectively, for the purpose
43	of incorporating the amendment to s. 253.034, F.S., in
44	references thereto; reenacting ss. 253.034(11), 259.036(1)
45	and (4), and 259.04(1)(a), F.S., relating to uses of state-
46	owned lands, management review teams, and powers of the
47	Board of Trustees of the Internal Improvement Trust Fund,
48	respectively, for the purpose of incorporating the
49	amendment to s. 259.032, F.S., in references thereto;
50	reenacting ss. 259.035(3) and (6) and 259.105(3)(j), (5),
51	(9), and (19), F.S., relating to the Acquisition and
52	Restoration Council and the Florida Forever Act,
53	respectively, for the purpose of incorporating the
54	amendments to ss. 253.034 and 259.032, F.S., in references
55	thereto; reenacting s. 260.016(3)(b), F.S., relating to the
56	power of the Department of Environmental Protection
57	exchange state-owned lands, for the purpose of
58	incorporating the amendment to s. 259.041, F.S., in a
59	reference thereto; reenacting ss. 944.053(2),
60	946.002(1)(a), and 946.503(2), F.S., relating to forestry
61	work camps, the requirement of labor, and programs not
62	included in the definition of the term "correctional work
63	program," respectively, for the purpose of incorporating
64	the amendment to s. 946.40, F.S., in references thereto;
65	providing an effective date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  Subsection (5) and paragraph (c) of subsection
70	(8) of section 253.034, Florida Statutes, are amended,
71	subsection (13) is added to said section, and subsection (11) of
72	said section is reenacted for the purpose of incorporating the
73	amendment to section 259.032, Florida Statutes, in a reference
74	thereto, to read:
75	253.034  State-owned lands; uses.--
76	(5)  Each manager of conservation lands shall submit to the
77	Division of State Lands a land management plan at least every 10
78	years in a form and manner prescribed by rule by the board and
79	in accordance with the provisions of s. 259.032. Each manager of
80	conservation lands shall also update a land management plan
81	whenever the manager proposes to add new facilities or make
82	substantive land use or management changes that were not
83	addressed in the approved plan, or within 1 year of the addition
84	of significant new lands. Each manager of nonconservation lands
85	shall submit to the Division of State Lands a land use plan at
86	least every 10 years in a form and manner prescribed by rule by
87	the board. The division shall review each plan for compliance
88	with the requirements of this subsection and the requirements of
89	the rules established by the board pursuant to this section. All
90	land use plans, whether for single-use or multiple-use
91	properties, shall include an analysis of the property to
92	determine if any significant natural or cultural resources are
93	located on the property. Such resources include archaeological
94	and historic sites, state and federally listed plant and animal
95	species, and imperiled natural communities and unique natural
96	features. If such resources occur on the property, the manager
97	shall consult with the Division of State Lands and other
98	appropriate agencies to develop management strategies to protect
99	such resources. Land use plans shall also provide for the
100	control of invasive nonnative plants and conservation of soil
101	and water resources, including a description of how the manager
102	plans to control and prevent soil erosion and soil or water
103	contamination. Land use plans submitted by a manager shall
104	include reference to appropriate statutory authority for such
105	use or uses and shall conform to the appropriate policies and
106	guidelines of the state land management plan. Plans for managed
107	areas larger than 1,000 acres shall contain an analysis of the
108	multiple-use potential of the property, which analysis shall
109	include the potential of the property to generate revenues to
110	enhance the management of the property. Additionally, the plan
111	shall contain an analysis of the potential use of private land
112	managers to facilitate the restoration or management of these
113	lands. In those cases where a newly acquired property has a
114	valid conservation plan that was developed by a soil and
115	conservation district, such plan shall be used to guide
116	management of the property until a formal land use plan is
117	completed. Pursuant to subsection (13), managing agencies are
118	directed to evaluate the potential use of inmates and juvenile
119	offenders to assist in the initial management or restoration of
120	newly acquired property to determine if such use is cost-
121	effective and logistically practicable.
122	(a)  The Division of State Lands shall make available to
123	the public a copy of each land management plan for parcels that
124	exceed 160 acres in size. The council shall review each plan for
125	compliance with the requirements of this subsection, the
126	requirements of chapter 259, and the requirements of the rules
127	established by the board pursuant to this section. The council
128	shall also consider the propriety of the recommendations of the
129	managing entity with regard to the future use of the property,
130	the protection of fragile or nonrenewable resources, the
131	potential for alternative or multiple uses not recognized by the
132	managing entity, and the possibility of disposal of the property
133	by the board. After its review, the council shall submit the
134	plan, along with its recommendations and comments, to the board.
135	The council shall specifically recommend to the board whether to
136	approve the plan as submitted, approve the plan with
137	modifications, or reject the plan.
138	(b)  The Board of Trustees of the Internal Improvement
139	Trust Fund shall consider the land management plan submitted by
140	each entity and the recommendations of the council and the
141	Division of State Lands and shall approve the plan with or
142	without modification or reject such plan. The use or possession
143	of any such lands that is not in accordance with an approved
144	land management plan is subject to termination by the board.
145	(8)
146	(c)  In any county having a population of 75,000 or less,
147	or a county having a population of 100,000 or less that is
148	contiguous to a county having a population of 75,000 or less, in
149	which more than 30 50 percent of the lands within the county
150	boundary are federal lands and lands titled in the name of the
151	state, a state agency, a water management district, or a local
152	government, those lands titled in the name of the state or a
153	state agency which are not essential or necessary to meet
154	conservation purposes may, upon request of a public or private
155	entity, be made available for purchase through the state's
156	surplusing process. Rights-of-way for existing, proposed, or
157	anticipated transportation facilities are exempt from the
158	requirements of this paragraph. Priority consideration shall be
159	given to buyers, public or private, willing to return the
160	property to productive use so long as the property can be
161	reentered onto the county ad valorem tax roll. Property acquired
162	with matching funds from a local government shall not be made
163	available for purchase without the consent of the local
164	government.
165	(11)  Lands listed as projects for acquisition may be
166	managed for conservation pursuant to s. 259.032, on an interim
167	basis by a private party in anticipation of a state purchase in
168	accordance with a contractual arrangement between the acquiring
169	agency and the private party that may include management service
170	contracts, leases, cost-share arrangements or resource
171	conservation agreements. Lands designated as eligible under this
172	subsection shall be managed to maintain or enhance the resources
173	the state is seeking to protect by acquiring the land. Funding
174	for these contractual arrangements may originate from the
175	documentary stamp tax revenue deposited into the Conservation
176	and Recreation Lands Trust Fund and Water Management Lands Trust
177	Fund. No more than 5 percent of funds allocated under the trust
178	funds shall be expended for this purpose.
179	(13)(a)  The lead land managing agency of conservation and
180	nonconservation lands shall utilize inmates of the Department of
181	Corrections and juvenile offenders who are committed to the
182	Department of Juvenile Justice and who are at least 16 years of
183	age to assist in management or restoration activities on managed
184	lands if, after consulting with the Department of Corrections
185	and the Department of Juvenile Justice, the lead managing agency
186	determines that such use is cost-effective and logistically
187	practicable.
188	(b)  Such inmates and juvenile offenders may assist in
189	performing conservation activities on lands subject to a
190	conservation easement granted to the state if:
191	1.  The owner of lands subject to a conservation easement
192	granted to the state submits a written request for such
193	assistance to the managing agency of the conservation easement;
194	and
195	2.  The managing agency determines, after consulting with
196	the Department of Corrections and the Department of Juvenile
197	Justice, that the requested assistance relates solely to the
198	performance of conservation activities on lands subject to a
199	conservation easement, and that such assistance is logistically
200	feasible and cost-effective.
201	Section 2.  Subsection (7), paragraph (c) of subsection
202	(10), and paragraph (e) of subsection (12) of section 259.032,
203	Florida Statutes, are amended, and subsection (9) and paragraphs
204	(b) and (e) of subsection (10) of said section are reenacted for
205	purposes of incorporating the amendment to section 253.034,
206	Florida Statutes, in references thereto, to read:
207	259.032  Conservation and Recreation Lands Trust Fund;
208	purpose.--
209	(7)  The board of trustees may enter into any contract
210	necessary to accomplish the purposes of this section. The lead
211	land managing agencies designated by the board of trustees also
212	are directed by the Legislature to enter into contracts or
213	interagency agreements with other governmental entities,
214	including local soil and water conservation districts, or
215	private land managers who have the expertise to perform specific
216	management activities which a lead agency lacks, or which would
217	cost more to provide in-house. Such activities shall include,
218	but not be limited to, controlled burning, road and ditch
219	maintenance, mowing, and wildlife assessments. Pursuant to s.
220	253.34(13), managing agencies are directed to evaluate the
221	potential use of inmates and juvenile offenders to assist in the
222	initial management or restoration of newly acquired property to
223	determine if such use is cost-effective and logistically
224	practicable.
225	(9)  All lands managed under this chapter and s. 253.034
226	shall be:
227	(a)  Managed in a manner that will provide the greatest
228	combination of benefits to the public and to the resources.
229	(b)  Managed for public outdoor recreation which is
230	compatible with the conservation and protection of public lands.
231	Such management may include, but not be limited to, the
232	following public recreational uses: fishing, hunting, camping,
233	bicycling, hiking, nature study, swimming, boating, canoeing,
234	horseback riding, diving, model hobbyist activities, birding,
235	sailing, jogging, and other related outdoor activities
236	compatible with the purposes for which the lands were acquired.
237	(c)  Managed for the purposes for which the lands were
238	acquired, consistent with paragraph (11)(a).
239	(d)  Concurrent with its adoption of the annual
240	Conservation and Recreation Lands list of acquisition projects
241	pursuant to s. 259.035, the board of trustees shall adopt a
242	management prospectus for each project. The management
243	prospectus shall delineate:
244	1.  The management goals for the property;
245	2.  The conditions that will affect the intensity of
246	management;
247	3.  An estimate of the revenue-generating potential of the
248	property, if appropriate;
249	4.  A timetable for implementing the various stages of
250	management and for providing access to the public, if
251	applicable;
252	5.  A description of potential multiple-use activities as
253	described in this section and s. 253.034;
254	6.  Provisions for protecting existing infrastructure and
255	for ensuring the security of the project upon acquisition;
256	7.  The anticipated costs of management and projected
257	sources of revenue, including legislative appropriations, to
258	fund management needs; and
259	8.  Recommendations as to how many employees will be needed
260	to manage the property, and recommendations as to whether local
261	governments, volunteer groups, the former landowner, or other
262	interested parties can be involved in the management.
263	(e)  Concurrent with the approval of the acquisition
264	contract pursuant to s. 259.041(3)(c) for any interest in lands,
265	the board of trustees shall designate an agency or agencies to
266	manage such lands and shall evaluate and amend, as appropriate,
267	the management policy statement for the project as provided by
268	s. 259.035, consistent with the purposes for which the lands are
269	acquired. For any fee simple acquisition of a parcel which is or
270	will be leased back for agricultural purposes, or any
271	acquisition of a less-than-fee interest in land that is or will
272	be used for agricultural purposes, the Board of Trustees of the
273	Internal Improvement Trust Fund shall first consider having a
274	soil and water conservation district, created pursuant to
275	chapter 582, manage and monitor such interests.
276	(f)  State agencies designated to manage lands acquired
277	under this chapter may contract with local governments and soil
278	and water conservation districts to assist in management
279	activities, including the responsibility of being the lead land
280	manager. Such land management contracts may include a provision
281	for the transfer of management funding to the local government
282	or soil and water conservation district from the Conservation
283	and Recreation Lands Trust Fund in an amount adequate for the
284	local government or soil and water conservation district to
285	perform its contractual land management responsibilities and
286	proportionate to its responsibilities, and which otherwise would
287	have been expended by the state agency to manage the property.
288	(g)  Immediately following the acquisition of any interest
289	in lands under this chapter, the Department of Environmental
290	Protection, acting on behalf of the board of trustees, may issue
291	to the lead managing entity an interim assignment letter to be
292	effective until the execution of a formal lease.
293	(10)
294	(b)  Individual management plans required by s. 253.034(5),
295	for parcels over 160 acres, shall be developed with input from
296	an advisory group. Members of this advisory group shall include,
297	at a minimum, representatives of the lead land managing agency,
298	comanaging entities, local private property owners, the
299	appropriate soil and water conservation district, a local
300	conservation organization, and a local elected official. The
301	advisory group shall conduct at least one public hearing within
302	the county in which the parcel or project is located. For those
303	parcels or projects that are within more than one county, at
304	least one areawide public hearing shall be acceptable and the
305	lead managing agency shall invite a local elected official from
306	each county. The areawide public hearing shall be held in the
307	county in which the core parcels are located. Notice of such
308	public hearing shall be posted on the parcel or project
309	designated for management, advertised in a paper of general
310	circulation, and announced at a scheduled meeting of the local
311	governing body before the actual public hearing. The management
312	prospectus required pursuant to paragraph (9)(d) shall be
313	available to the public for a period of 30 days prior to the
314	public hearing.
315	(c)  Once a plan is adopted, the managing agency or entity
316	shall update the plan at least every 10 years in a form and
317	manner prescribed by rule of the board of trustees. Such
318	updates, for parcels over 160 acres, shall be developed with
319	input from an advisory group. Such plans may include transfers
320	of leasehold interests to appropriate conservation organizations
321	or governmental entities designated by the Land Acquisition and
322	Management Advisory Council or its successor, for uses
323	consistent with the purposes of the organizations and the
324	protection, preservation, conservation, restoration, and proper
325	management of the lands and their resources. Volunteer
326	management assistance is encouraged, including, but not limited
327	to, assistance by youths participating in programs sponsored by
328	state or local agencies, by volunteers sponsored by
329	environmental or civic organizations, and by individuals
330	participating in programs for committed delinquents and adults.
331	Pursuant to s. 253.34(13), managing agencies are directed to
332	evaluate the potential use of inmates and juvenile offenders to
333	assist in the initial management or restoration of newly
334	acquired property to determine if such use is cost-effective and
335	logistically practicable.
336	(e)  Individual management plans shall conform to the
337	appropriate policies and guidelines of the state land management
338	plan and shall include, but not be limited to:
339	1.  A statement of the purpose for which the lands were
340	acquired, the projected use or uses as defined in s. 253.034,
341	and the statutory authority for such use or uses.
342	2.  Key management activities necessary to preserve and
343	protect natural resources and restore habitat, and for
344	controlling the spread of nonnative plants and animals, and for
345	prescribed fire and other appropriate resource management
346	activities.
347	3.  A specific description of how the managing agency plans
348	to identify, locate, protect, and preserve, or otherwise use
349	fragile, nonrenewable natural and cultural resources.
350	4.  A priority schedule for conducting management
351	activities, based on the purposes for which the lands were
352	acquired.
353	5.  A cost estimate for conducting priority management
354	activities, to include recommendations for cost-effective
355	methods of accomplishing those activities.
356	6.  A cost estimate for conducting other management
357	activities which would enhance the natural resource value or
358	public recreation value for which the lands were acquired. The
359	cost estimate shall include recommendations for cost-effective
360	methods of accomplishing those activities.
361	7.  A determination of the public uses and public access
362	that would be consistent with the purposes for which the lands
363	were acquired.
364
365	By July 1 of each year, each governmental agency and each
366	private entity designated to manage lands shall report to the
367	Secretary of Environmental Protection on the progress of
368	funding, staffing, and resource management of every project for
369	which the agency or entity is responsible.
370	(12)
371	(e)  If property which was subject to ad valorem taxation
372	was acquired by a tax-exempt entity for ultimate conveyance to
373	the state under this chapter, payment in lieu of taxes shall be
374	made for such property based upon the average amount of taxes
375	paid on the property for the 3 years prior to its being removed
376	from the tax rolls. The department shall certify to the
377	Department of Revenue those properties that may be eligible
378	under this provision. Once eligibility has been established,
379	that county or local government shall receive 10 consecutive
380	annual payments for each tax loss, and no further eligibility
381	determination shall be made during that period.
382
383	For the purposes of this subsection, "local government" includes
384	municipalities, the county school board, mosquito control
385	districts, and any other local government entity which levies ad
386	valorem taxes, with the exception of a water management
387	district.
388	Section 3.  Paragraph (b) of subsection (11) of section
389	259.041, Florida Statutes, is amended to read:
390	259.041  Acquisition of state-owned lands for preservation,
391	conservation, and recreation purposes.--
392	(11)
393	(b)  All project applications shall identify, within their
394	acquisition plans, those projects which require a full fee
395	simple interest to achieve the public policy goals, together
396	with the reasons full title is determined to be necessary. The
397	state agencies and the water management districts may use
398	alternatives to fee simple acquisition to bring the remaining
399	projects in their acquisition plans under public protection. For
400	the purposes of this subsection, the term "alternatives to fee
401	simple acquisition" includes, but is not limited to: purchase of
402	development rights; obtaining conservation easements; obtaining
403	flowage easements; purchase of timber rights, mineral rights, or
404	hunting rights; purchase of agricultural interests or
405	silvicultural interests; entering into land protection
406	agreements as defined in s. 380.0677(4); fee simple acquisitions
407	with reservations; creating life estates; or any other
408	acquisition technique which achieves the public policy goals
409	listed in paragraph (a). It is presumed that a private landowner
410	retains the full range of uses for all the rights or interests
411	in the landowner's land which are not specifically acquired by
412	the public agency. The lands upon which hunting rights are
413	specifically acquired pursuant to this paragraph shall be
414	available for hunting in accordance with the management plan or
415	hunting regulations adopted by the Florida Fish and Wildlife
416	Conservation Commission, unless the hunting rights are purchased
417	specifically to protect activities on adjacent lands. A
418	conservation easement obtained in whole or in part with state
419	funds after July 1, 2004, on lands used for agricultural
420	purposes, shall not interfere with the landowner's ability to
421	conduct agricultural operations as the landowner deems
422	appropriate, and any provision of a conservation easement that
423	constitutes such interference is unenforceable against the
424	landowner. For purposes of this paragraph, "agricultural
425	operations" means any activity that the landowner deems
426	necessary to the production of plants and animals useful to
427	humans, including the preparation of these products for human
428	use and their disposal by marketing or otherwise, and includes
429	aquaculture, horticulture, floriculture, viticulture, forestry,
430	dairy, livestock, poultry, bees, and any and all forms of farm
431	products and farm production.
432	Section 4.  Section 373.5905, Florida Statutes, is amended
433	to read:
434	373.5905  Reinstitution of payments in lieu of taxes;
435	duration.--If a water management district has made a payment in
436	lieu of taxes to a governmental entity and subsequently
437	suspended such payment, the water management district shall
438	reinstitute appropriate payments and continue the payments in
439	consecutive years until the governmental entity has received a
440	total of 10 payments for each tax loss.
441	Section 5.  Section 946.40, Florida Statutes, is amended to
442	read:
443	946.40  Use of prisoners in public works.--
444	(1)  The Department of Corrections shall, subject to the
445	availability of funds appropriated for that purpose, and, in the
446	absence of such funds, may, enter into agreements with such
447	political subdivisions in the state, as defined by s. 1.01(8),
448	including municipalities; with such agencies and institutions of
449	the state; and with such nonprofit corporations as might use the
450	services of inmates of correctional institutions and camps when
451	it is determined by the department that such services will not
452	be detrimental to the welfare of such inmates or the interests
453	of the state in a program of rehabilitation. An agreement for
454	use of fewer than 15 minimum custody inmates and medium custody
455	inmates may provide that supervision will be either by the
456	department or by the political subdivision, institution,
457	nonprofit corporation, or agency using the inmates. The
458	department is authorized to adopt rules governing work and
459	supervision of inmates used in public works projects, which
460	rules shall include, but shall not be limited to, the proper
461	screening and supervision of such inmates. Inmates may be used
462	for these purposes without being accompanied by a correctional
463	officer, provided the political subdivision, municipality, or
464	agency of the state or the nonprofit corporation provides proper
465	supervision pursuant to the rules of the Department of
466	Corrections.
467	(2)  The budget of the department may be reimbursed from
468	the budget of any state agency or state institution for the
469	services of inmates and personnel of the department in such
470	amounts as may be determined by agreement between the department
471	and the head of such agency or institution. However, no
472	political subdivision of the state shall be required to
473	reimburse the department for such services.
474	(3)(a)  The department shall enter into agreements with
475	state agencies that are responsible for managing state lands for
476	the purpose of utilizing inmates to perform state land
477	management activities, including, but not limited to, services
478	related to restoration, grounds maintenance, removal of invasive
479	plant species, and forestry management, if:
480	1.  The state agency submits to the department a request to
481	utilize the services of inmates to perform state land management
482	activities.
483	2.  The department determines that inmates are available to
484	perform the requested state land management activities.
485	3.  The department determines that utilization of inmates
486	to perform state land management activities will not be
487	detrimental to the welfare of the inmates or the interest of the
488	state in a program of rehabilitation.
489	(b)  Notwithstanding subsection (2), the budget of the
490	department shall be reimbursed from the budget of the requesting
491	agency for the services of inmates and personnel of the
492	department in such amounts as may be determined by agreement
493	between the department and the head of such agency or
494	institution. If the requesting agency determines that
495	utilization of inmate services for land management purposes is
496	not cost-effective, the state agency is not required to enter
497	into an agreement with the department.
498	(4)(3)  The department shall not be required to provide
499	supervision for minimum custody inmates or medium custody
500	inmates unless there is adequate notice of the need for the
501	services of at least 15 such inmates.
502	(5)(4)  No person convicted of sexual battery pursuant to
503	s. 794.011 is eligible for any program under the provisions of
504	this section.
505	Section 6.  For the purpose of incorporating the amendment
506	to section 234.034, Florida Statutes, in a reference thereto,
507	subsection (11) of section 159.705, Florida Statutes, is
508	reenacted to read:
509	159.705  Powers of the authority.--The authority is
510	authorized and empowered:
511	(11)  Notwithstanding the provisions of s. 253.034, to be
512	granted leases for lands owned by the Board of Trustees of the
513	Internal Improvement Trust Fund for periods not to exceed 99
514	years, and to grant subleases for land which is owned by the
515	Board of Trustees of the Internal Improvement Trust Fund if the
516	board of trustees has approved the master lease agreement, the
517	concept of the operation of the park, the master sublease
518	provisions for use in such subleases, and changes, if any, to
519	the master sublease. The terms of such subleases may run
520	concurrently with the term of the lease granted by the Board of
521	Trustees of the Internal Improvement Trust Fund, and subsequent
522	to execution, copies of the subleases shall be filed with the
523	Division of State Lands of the Department of Environmental
524	Protection.
525	Section 7.  For the purpose of incorporating the amendment
526	to section 253.034, Florida Statutes, in a reference thereto,
527	section 253.036, Florida Statutes, is reenacted to read:
528	253.036  Forest management.--All land management plans
529	described in s. 253.034(5) which are prepared for parcels larger
530	than 1,000 acres shall contain an analysis of the multiple-use
531	potential of the parcel, which analysis shall include the
532	potential of the parcel to generate revenues to enhance the
533	management of the parcel. The lead agency shall prepare the
534	analysis, which shall contain a component or section prepared by
535	a qualified professional forester which assesses the feasibility
536	of managing timber resources on the parcel for resource
537	conservation and revenue generation purposes through a
538	stewardship ethic that embraces sustainable forest management
539	practices if the lead management agency determines that the
540	timber resource management is not in conflict with the primary
541	management objectives of the parcel. For purposes of this
542	section, practicing sustainable forest management means meeting
543	the needs of the present without compromising the ability of
544	future generations to meet their own needs by practicing a land
545	stewardship ethic which integrates the reforestation, managing,
546	growing, nurturing, and harvesting of trees for useful products
547	with the conservation of soil, air and water quality, wildlife
548	and fish habitat, and aesthetics. The Legislature intends that
549	each lead management agency, whenever practicable and cost
550	effective, use the services of the Division of Forestry of the
551	Florida Department of Agriculture and Consumer Services or other
552	qualified private sector professional forester in completing
553	such feasibility assessments and implementing timber resource
554	management. The Legislature further intends that the lead
555	management agency develop a memorandum of agreement with the
556	Division of Forestry to provide for full reimbursement for any
557	services provided for the feasibility assessments or timber
558	resource management. All additional revenues generated through
559	multiple-use management or compatible secondary use management
560	shall be returned to the lead agency responsible for such
561	management and shall be used to pay for management activities on
562	all conservation, preservation, and recreation lands under the
563	agency's jurisdiction. In addition, such revenue shall be
564	segregated in an agency trust fund and shall remain available to
565	the agency in subsequent fiscal years to support land management
566	appropriations.
567	Section 8.  For the purpose of incorporating the amendment
568	to section 259.032, Florida Statutes, in references thereto,
569	subsections (1) and (4) of section 259.036, Florida Statutes,
570	are reenacted to read:
571	259.036  Management review teams.--
572	(1)  To determine whether conservation, preservation, and
573	recreation lands titled in the name of the Board of Trustees of
574	the Internal Improvement Trust Fund are being managed for the
575	purposes for which they were acquired and in accordance with a
576	land management plan adopted pursuant to s. 259.032, the board
577	of trustees, acting through the Department of Environmental
578	Protection, shall cause periodic management reviews to be
579	conducted as follows:
580	(a)  The department shall establish a regional land
581	management review team composed of the following members:
582	1.  One individual who is from the county or local
583	community in which the parcel or project is located and who is
584	selected by the county commission in the county which is most
585	impacted by the acquisition.
586	2.  One individual from the Division of Recreation and
587	Parks of the department.
588	3.  One individual from the Division of Forestry of the
589	Department of Agriculture and Consumer Services.
590	4.  One individual from the Fish and Wildlife Conservation
591	Commission.
592	5.  One individual from the department's district office in
593	which the parcel is located.
594	6.  A private land manager mutually agreeable to the state
595	agency representatives.
596	7.  A member of the local soil and water conservation
597	district board of supervisors.
598	8.  A member of a conservation organization.
599	(b)  The staff of the Division of State Lands shall act as
600	the review team coordinator for the purposes of establishing
601	schedules for the reviews and other staff functions. The
602	Legislature shall appropriate funds necessary to implement land
603	management review team functions.
604	(4)  In the event a land management plan has not been
605	adopted within the timeframes specified in s. 259.032(10), the
606	department may direct a management review of the property, to be
607	conducted by the land management review team. The review shall
608	consider the extent to which the land is being managed for the
609	purposes for which it was acquired and the degree to which
610	actual management practices are in compliance with the
611	management policy statement and management prospectus for that
612	property.
613	Section 9.  For the purpose of incorporating the amendment
614	to section 259.032, Florida Statutes, in a reference thereto,
615	paragraph (a) of subsection (1) of section 259.04, Florida
616	Statutes, is reenacted to read:
617	259.04  Board; powers and duties.--
618	(1)  For projects and acquisitions selected for purchase
619	pursuant to ss. 259.035, 259.101, and 259.105:
620	(a)  The board is given the responsibility, authority, and
621	power to develop and execute a comprehensive, statewide 5-year
622	plan to conserve, restore, and protect environmentally
623	endangered lands, ecosystems, lands necessary for outdoor
624	recreational needs, and other lands as identified in ss.
625	259.032, 259.101, and 259.105. This plan shall be kept current
626	through continual reevaluation and revision. The advisory
627	council or its successor shall assist the board in the
628	development, reevaluation, and revision of the plan.
629	Section 10.  For the purpose of incorporating the
630	amendments to sections 253.034 and 259.032, Florida Statutes, in
631	references thereto, paragraph (j) of subsection (3) and
632	subsections (5), (9), and (19) of section 259.105, Florida
633	Statutes, are reenacted to read:
634	259.105  The Florida Forever Act.--
635	(3)  Less the costs of issuing and the costs of funding
636	reserve accounts and other costs associated with bonds, the
637	proceeds of bonds issued pursuant to this section shall be
638	deposited into the Florida Forever Trust Fund created by s.
639	259.1051. The proceeds shall be distributed by the Department of
640	Environmental Protection in the following manner:
641	(j)  For the purposes of paragraphs (d), (e), (f), and (g),
642	the agencies which receive the funds shall develop their
643	individual acquisition or restoration lists. Proposed additions
644	may be acquired if they are identified within the original
645	project boundary, the management plan required pursuant to s.
646	253.034(5), or the management prospectus required pursuant to s.
647	259.032(9)(d). Proposed additions not meeting the requirements
648	of this paragraph shall be submitted to the Acquisition and
649	Restoration Council for approval. The council may only approve
650	the proposed addition if it meets two or more of the following
651	criteria: serves as a link or corridor to other publicly owned
652	property; enhances the protection or management of the property;
653	would add a desirable resource to the property; would create a
654	more manageable boundary configuration; has a high resource
655	value that otherwise would be unprotected; or can be acquired at
656	less than fair market value.
657	(5)(a)  All lands acquired pursuant to this section shall
658	be managed for multiple-use purposes, where compatible with the
659	resource values of and management objectives for such lands. As
660	used in this section, "multiple-use" includes, but is not
661	limited to, outdoor recreational activities as described in ss.
662	253.034 and 259.032(9)(b), water resource development projects,
663	and sustainable forestry management.
664	(b)  Upon a decision by the entity in which title to lands
665	acquired pursuant to this section has vested, such lands may be
666	designated single use as defined in s. 253.034(2)(b).
667	(9)  The Acquisition and Restoration Council shall
668	recommend rules for adoption by the board of trustees to
669	competitively evaluate, select, and rank projects eligible for
670	Florida Forever funds pursuant to paragraph (3)(b) and for
671	additions to the Conservation and Recreation Lands list pursuant
672	to ss. 259.032 and 259.101(4). In developing these proposed
673	rules, the Acquisition and Restoration Council shall give weight
674	to the following criteria:
675	(a)  The project meets multiple goals described in
676	subsection (4).
677	(b)  The project is part of an ongoing governmental effort
678	to restore, protect, or develop land areas or water resources.
679	(c)  The project enhances or facilitates management of
680	properties already under public ownership.
681	(d)  The project has significant archaeological or historic
682	value.
683	(e)  The project has funding sources that are identified
684	and assured through at least the first 2 years of the project.
685	(f)  The project contributes to the solution of water
686	resource problems on a regional basis.
687	(g)  The project has a significant portion of its land area
688	in imminent danger of development, in imminent danger of losing
689	its significant natural attributes or recreational open space,
690	or in imminent danger of subdivision which would result in
691	multiple ownership and make acquisition of the project costly or
692	less likely to be accomplished.
693	(h)  The project implements an element from a plan
694	developed by an ecosystem management team.
695	(i)  The project is one of the components of the Everglades
696	restoration effort.
697	(j)  The project may be purchased at 80 percent of
698	appraised value.
699	(k)  The project may be acquired, in whole or in part,
700	using alternatives to fee simple, including but not limited to,
701	purchase of development rights, hunting rights, agricultural or
702	silvicultural rights, or mineral rights or obtaining
703	conservation easements or flowage easements.
704	(l)  The project is a joint acquisition, either among
705	public agencies, nonprofit organizations, or private entities,
706	or by a public-private partnership.
707	(19)  Lands listed as projects for acquisition under the
708	Florida Forever program may be managed for conservation pursuant
709	to s. 259.032, on an interim basis by a private party in
710	anticipation of a state purchase in accordance with a
711	contractual arrangement between the acquiring agency and the
712	private party that may include management service contracts,
713	leases, cost-share arrangements, or resource conservation
714	agreements. Lands designated as eligible under this subsection
715	shall be managed to maintain or enhance the resources the state
716	is seeking to protect by acquiring the land. Funding for these
717	contractual arrangements may originate from the documentary
718	stamp tax revenue deposited into the Conservation and Recreation
719	Lands Trust Fund and Water Management Lands Trust Fund. No more
720	than 5 percent of funds allocated under the trust funds shall be
721	expended for this purpose.
722	Section 11.  For the purpose of incorporating the amendment
723	to section 259.032, Florida Statutes, in references thereto,
724	subsections (5) and (11) of section 253.034, Florida Statutes,
725	are reenacted to read:
726	253.034  State-owned lands; uses.--
727	(5)  Each manager of conservation lands shall submit to the
728	Division of State Lands a land management plan at least every 10
729	years in a form and manner prescribed by rule by the board and
730	in accordance with the provisions of s. 259.032. Each manager of
731	conservation lands shall also update a land management plan
732	whenever the manager proposes to add new facilities or make
733	substantive land use or management changes that were not
734	addressed in the approved plan, or within 1 year of the addition
735	of significant new lands. Each manager of nonconservation lands
736	shall submit to the Division of State Lands a land use plan at
737	least every 10 years in a form and manner prescribed by rule by
738	the board. The division shall review each plan for compliance
739	with the requirements of this subsection and the requirements of
740	the rules established by the board pursuant to this section. All
741	land use plans, whether for single-use or multiple-use
742	properties, shall include an analysis of the property to
743	determine if any significant natural or cultural resources are
744	located on the property. Such resources include archaeological
745	and historic sites, state and federally listed plant and animal
746	species, and imperiled natural communities and unique natural
747	features. If such resources occur on the property, the manager
748	shall consult with the Division of State Lands and other
749	appropriate agencies to develop management strategies to protect
750	such resources. Land use plans shall also provide for the
751	control of invasive nonnative plants and conservation of soil
752	and water resources, including a description of how the manager
753	plans to control and prevent soil erosion and soil or water
754	contamination. Land use plans submitted by a manager shall
755	include reference to appropriate statutory authority for such
756	use or uses and shall conform to the appropriate policies and
757	guidelines of the state land management plan. Plans for managed
758	areas larger than 1,000 acres shall contain an analysis of the
759	multiple-use potential of the property, which analysis shall
760	include the potential of the property to generate revenues to
761	enhance the management of the property. Additionally, the plan
762	shall contain an analysis of the potential use of private land
763	managers to facilitate the restoration or management of these
764	lands. In those cases where a newly acquired property has a
765	valid conservation plan that was developed by a soil and
766	conservation district, such plan shall be used to guide
767	management of the property until a formal land use plan is
768	completed.
769	(a)  The Division of State Lands shall make available to
770	the public a copy of each land management plan for parcels that
771	exceed 160 acres in size. The council shall review each plan for
772	compliance with the requirements of this subsection, the
773	requirements of chapter 259, and the requirements of the rules
774	established by the board pursuant to this section. The council
775	shall also consider the propriety of the recommendations of the
776	managing entity with regard to the future use of the property,
777	the protection of fragile or nonrenewable resources, the
778	potential for alternative or multiple uses not recognized by the
779	managing entity, and the possibility of disposal of the property
780	by the board. After its review, the council shall submit the
781	plan, along with its recommendations and comments, to the board.
782	The council shall specifically recommend to the board whether to
783	approve the plan as submitted, approve the plan with
784	modifications, or reject the plan.
785	(b)  The Board of Trustees of the Internal Improvement
786	Trust Fund shall consider the land management plan submitted by
787	each entity and the recommendations of the council and the
788	Division of State Lands and shall approve the plan with or
789	without modification or reject such plan. The use or possession
790	of any such lands that is not in accordance with an approved
791	land management plan is subject to termination by the board.
792	(11)  Lands listed as projects for acquisition may be
793	managed for conservation pursuant to s. 259.032, on an interim
794	basis by a private party in anticipation of a state purchase in
795	accordance with a contractual arrangement between the acquiring
796	agency and the private party that may include management service
797	contracts, leases, cost-share arrangements or resource
798	conservation agreements. Lands designated as eligible under this
799	subsection shall be managed to maintain or enhance the resources
800	the state is seeking to protect by acquiring the land. Funding
801	for these contractual arrangements may originate from the
802	documentary stamp tax revenue deposited into the Conservation
803	and Recreation Lands Trust Fund and Water Management Lands Trust
804	Fund. No more than 5 percent of funds allocated under the trust
805	funds shall be expended for this purpose.
806	Section 12.  For the purpose of incorporating the amendment
807	to section 946.40, Florida Statutes, in a reference thereto,
808	subsection (2) of section 944.053, Florida Statutes, is
809	reenacted to read:
810	944.053  Forestry Work Camps.--
811	(2)  The Forestry Work Camps shall provide services to the
812	Department of Agriculture and Consumer Services, the Department
813	of Transportation, other state agencies, political subdivisions,
814	and nonprofit corporations by performing public works and
815	engaging in programs to beautify this state. Inmate labor
816	provided pursuant to this act shall be supervised according to
817	the provisions of s. 946.40.
818	Section 13.  For the purpose of incorporating the amendment
819	to section 946.40, Florida Statutes, in a reference thereto,
820	paragraph (a) of subsection (1) of section 946.002, Florida
821	Statutes, is reenacted to read:
822	946.002  Requirement of labor; compensation; amount;
823	crediting of account of prisoner; forfeiture; civil rights;
824	prisoner not employee or entitled to compensation insurance
825	benefits.--
826	(1)(a)  The department shall require of every able-bodied
827	prisoner imprisoned in any institution as many hours of faithful
828	labor in each day and every day during his or her term of
829	imprisonment as shall be prescribed by the rules of the
830	department. Every able-bodied prisoner classified as medium
831	custody or minimum custody who does not satisfactorily
832	participate in any institutional work programs, correctional
833	work programs, prison industry enhancement (PIE) programs,
834	academic programs, or vocational programs shall be required to
835	perform work for such political subdivisions of the state as
836	might have entered into agreement with the department pursuant
837	to s. 946.40.
838	Section 14.  For the purpose of incorporating the amendment
839	to section 946.40, Florida Statutes, in a reference thereto,
840	subsection (2) of section 946.503, Florida Statutes, is
841	reenacted to read:
842	946.503  Definitions to be used with respect to
843	correctional work programs.--As used in this part, the term:
844	(2)  "Correctional work program" means any program
845	presently a part of the prison industries program operated by
846	the department or any other correctional work program carried on
847	at any state correctional facility presently or in the future,
848	but the term does not include any program authorized by s.
849	945.091 or s. 946.40.
850	Section 15.  This act shall take effect upon becoming a
851	law.

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