HB 1425

CS

CHAMBER ACTION

1	The Committee on Natural Resources recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to state lands; amending s. 253.034, F.S.;
7	requiring the lead land managing agency of conservation
8	and nonconservation lands to utilize inmates of the
9	Department of Corrections to assist in management or
10	restoration activities on managed lands in certain
11	circumstances; specifying circumstances in which such
12	inmates may assist in performing conservation activities;
13	directing land managing agencies to make certain
14	evaluations concerning the potential use of inmates to
15	assist in the initial management or restoration of
16	specified property; revising a limitation on the
17	availability of certain lands for purchase through the
18	state's surplusing process; amending s. 259.032, F.S.;
19	directing land managing agencies to make certain
20	evaluations concerning the potential use of inmates to
21	assist in the initial management or restoration of
22	specified property; revising a provision pertaining to
23	payments for tax losses; revising a provision pertaining
24	to further determination of eligibility for such payment;
25	amending s. 373.089, F.S.; revising a limitation on the
26	availability of certain lands for purchase through water
27	management district surplusing process; amending s.
28	373.59, F.S.; revising a provision pertaining to water
29	management district payments for tax losses; amending s.
30	373.5905, F.S.; revising a provision pertaining to
31	payments by a water management district in lieu of taxes;
32	amending s. 946.40, F.S.; requiring the Department of
33	Corrections to enter into agreements with state agencies
34	that are responsible for managing state lands in certain
35	circumstances; specifying that the purpose of such
36	agreements is to utilizing inmate labor for state land
37	management activities; providing for reimbursement to the
38	department from such state agencies; specifying
39	circumstances in which a state agency is not required to
40	enter into such agreements; reenacting ss. 159.705(11),
41	259.032 (9), (10)(b), and (e), and 253.036, F.S., relating
42	to powers of research and development authorities, the
43	Conservation and Recreation Lands Trust Fund, and forest
44	management, respectively, for the purpose of incorporating
45	the amendment to s. 253.034, F.S., in references thereto;
46	reenacting ss. 253.034(11), 259.036(1) and (4), and
47	259.04(1)(a), F.S., relating to uses of state-owned lands,
48	management review teams, and powers of the Board of
49	Trustees of the Internal Improvement Trust Fund,
50	respectively, for the purpose of incorporating the
51	amendment to s. 259.032, F.S., in references thereto;
52	reenacting ss. 259.035(3) and (6) and 259.105(3)(j), (5),
53	(9), and (19), F.S., relating to the Acquisition and
54	Restoration Council and the Florida Forever Act,
55	respectively, for the purpose of incorporating the
56	amendments to ss. 253.034 and 259.032, F.S., in references
57	thereto; reenacting ss. 944.053(2), 946.002(1)(a), and
58	946.503(2), F.S., relating to forestry work camps, the
59	requirement of labor, and programs not included in the
60	definition of the term "correctional work program,"
61	respectively, for the purpose of incorporating the
62	amendment to s. 946.40, F.S., in references thereto;
63	providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Subsection (5) and paragraph (c) of subsection
68	(8) of section 253.034, Florida Statutes, are amended,
69	subsection (13) is added to said section, and subsection (11) of
70	said section is reenacted for the purpose of incorporating the
71	amendment to section 259.032, Florida Statutes, in a reference
72	thereto, to read:
73	253.034  State-owned lands; uses.--
74	(5)  Each manager of conservation lands shall submit to the
75	Division of State Lands a land management plan at least every 10
76	years in a form and manner prescribed by rule by the board and
77	in accordance with the provisions of s. 259.032. Each manager of
78	conservation lands shall also update a land management plan
79	whenever the manager proposes to add new facilities or make
80	substantive land use or management changes that were not
81	addressed in the approved plan, or within 1 year of the addition
82	of significant new lands. Each manager of nonconservation lands
83	shall submit to the Division of State Lands a land use plan at
84	least every 10 years in a form and manner prescribed by rule by
85	the board. The division shall review each plan for compliance
86	with the requirements of this subsection and the requirements of
87	the rules established by the board pursuant to this section. All
88	land use plans, whether for single-use or multiple-use
89	properties, shall include an analysis of the property to
90	determine if any significant natural or cultural resources are
91	located on the property. Such resources include archaeological
92	and historic sites, state and federally listed plant and animal
93	species, and imperiled natural communities and unique natural
94	features. If such resources occur on the property, the manager
95	shall consult with the Division of State Lands and other
96	appropriate agencies to develop management strategies to protect
97	such resources. Land use plans shall also provide for the
98	control of invasive nonnative plants and conservation of soil
99	and water resources, including a description of how the manager
100	plans to control and prevent soil erosion and soil or water
101	contamination. Land use plans submitted by a manager shall
102	include reference to appropriate statutory authority for such
103	use or uses and shall conform to the appropriate policies and
104	guidelines of the state land management plan. Plans for managed
105	areas larger than 1,000 acres shall contain an analysis of the
106	multiple-use potential of the property, which analysis shall
107	include the potential of the property to generate revenues to
108	enhance the management of the property. Additionally, the plan
109	shall contain an analysis of the potential use of private land
110	managers to facilitate the restoration or management of these
111	lands. In those cases where a newly acquired property has a
112	valid conservation plan that was developed by a soil and
113	conservation district, such plan shall be used to guide
114	management of the property until a formal land use plan is
115	completed. Pursuant to subsection (13), managing agencies are
116	directed to evaluate the potential use of inmates to assist in
117	the initial management or restoration of newly acquired property
118	to determine if such use is cost-effective and logistically
119	practicable.
120	(a)  The Division of State Lands shall make available to
121	the public a copy of each land management plan for parcels that
122	exceed 160 acres in size. The council shall review each plan for
123	compliance with the requirements of this subsection, the
124	requirements of chapter 259, and the requirements of the rules
125	established by the board pursuant to this section. The council
126	shall also consider the propriety of the recommendations of the
127	managing entity with regard to the future use of the property,
128	the protection of fragile or nonrenewable resources, the
129	potential for alternative or multiple uses not recognized by the
130	managing entity, and the possibility of disposal of the property
131	by the board. After its review, the council shall submit the
132	plan, along with its recommendations and comments, to the board.
133	The council shall specifically recommend to the board whether to
134	approve the plan as submitted, approve the plan with
135	modifications, or reject the plan.
136	(b)  The Board of Trustees of the Internal Improvement
137	Trust Fund shall consider the land management plan submitted by
138	each entity and the recommendations of the council and the
139	Division of State Lands and shall approve the plan with or
140	without modification or reject such plan. The use or possession
141	of any such lands that is not in accordance with an approved
142	land management plan is subject to termination by the board.
143	(8)
144	(c)  In any county having a population of 75,000 or less,
145	or a county having a population of 100,000 or less that is
146	contiguous to a county having a population of 75,000 or less, in
147	which more than 30 50 percent of the lands within the county
148	boundary are federal lands and lands titled in the name of the
149	state, a state agency, a water management district, or a local
150	government, those lands titled in the name of the state or a
151	state agency which are not essential or necessary to meet
152	conservation purposes may, upon request of a public or private
153	entity, be made available for purchase through the state's
154	surplusing process. Rights-of-way for existing, proposed, or
155	anticipated transportation facilities are exempt from the
156	requirements of this paragraph. Priority consideration shall be
157	given to buyers, public or private, willing to return the
158	property to productive use so long as the property can be
159	reentered onto the county ad valorem tax roll. Property acquired
160	with matching funds from a local government shall not be made
161	available for purchase without the consent of the local
162	government.
163	(11)  Lands listed as projects for acquisition may be
164	managed for conservation pursuant to s. 259.032, on an interim
165	basis by a private party in anticipation of a state purchase in
166	accordance with a contractual arrangement between the acquiring
167	agency and the private party that may include management service
168	contracts, leases, cost-share arrangements or resource
169	conservation agreements. Lands designated as eligible under this
170	subsection shall be managed to maintain or enhance the resources
171	the state is seeking to protect by acquiring the land. Funding
172	for these contractual arrangements may originate from the
173	documentary stamp tax revenue deposited into the Conservation
174	and Recreation Lands Trust Fund and Water Management Lands Trust
175	Fund. No more than 5 percent of funds allocated under the trust
176	funds shall be expended for this purpose.
177	(13)(a)  The lead land managing agency of conservation and
178	nonconservation lands shall utilize inmates of the Department of
179	Corrections to assist in management or restoration activities on
180	managed lands if, after consulting with the Department of
181	Corrections, the lead managing agency determines that such use
182	is cost-effective and logistically practicable.
183	(b)  Such inmates may assist in performing conservation
184	activities on lands subject to a conservation easement granted
185	to the state if:
186	1.  The owner of lands subject to a conservation easement
187	granted to the state submits a written request for such
188	assistance to the managing agency of the conservation easement;
189	and
190	2.  The managing agency determines, after consulting with
191	the Department of Corrections, that the requested assistance
192	relates solely to the performance of conservation activities on
193	lands subject to a conservation easement, and that such
194	assistance is logistically feasible and cost-effective.
195	Section 2.  Subsection (7), paragraph (c) of subsection
196	(10), and paragraph (e) of subsection (12) of section 259.032,
197	Florida Statutes, are amended, and subsection (9) and paragraphs
198	(b) and (e) of subsection (10) of said section are reenacted for
199	purposes of incorporating the amendment to section 253.034,
200	Florida Statutes, in references thereto, to read:
201	259.032  Conservation and Recreation Lands Trust Fund;
202	purpose.--
203	(7)  The board of trustees may enter into any contract
204	necessary to accomplish the purposes of this section. The lead
205	land managing agencies designated by the board of trustees also
206	are directed by the Legislature to enter into contracts or
207	interagency agreements with other governmental entities,
208	including local soil and water conservation districts, or
209	private land managers who have the expertise to perform specific
210	management activities which a lead agency lacks, or which would
211	cost more to provide in-house. Such activities shall include,
212	but not be limited to, controlled burning, road and ditch
213	maintenance, mowing, and wildlife assessments. Pursuant to s.
214	253.034(13), managing agencies are directed to evaluate the
215	potential use of inmates to assist in the initial management or
216	restoration of newly acquired property to determine if such use
217	is cost-effective and logistically practicable.
218	(9)  All lands managed under this chapter and s. 253.034
219	shall be:
220	(a)  Managed in a manner that will provide the greatest
221	combination of benefits to the public and to the resources.
222	(b)  Managed for public outdoor recreation which is
223	compatible with the conservation and protection of public lands.
224	Such management may include, but not be limited to, the
225	following public recreational uses: fishing, hunting, camping,
226	bicycling, hiking, nature study, swimming, boating, canoeing,
227	horseback riding, diving, model hobbyist activities, birding,
228	sailing, jogging, and other related outdoor activities
229	compatible with the purposes for which the lands were acquired.
230	(c)  Managed for the purposes for which the lands were
231	acquired, consistent with paragraph (11)(a).
232	(d)  Concurrent with its adoption of the annual
233	Conservation and Recreation Lands list of acquisition projects
234	pursuant to s. 259.035, the board of trustees shall adopt a
235	management prospectus for each project. The management
236	prospectus shall delineate:
237	1.  The management goals for the property;
238	2.  The conditions that will affect the intensity of
239	management;
240	3.  An estimate of the revenue-generating potential of the
241	property, if appropriate;
242	4.  A timetable for implementing the various stages of
243	management and for providing access to the public, if
244	applicable;
245	5.  A description of potential multiple-use activities as
246	described in this section and s. 253.034;
247	6.  Provisions for protecting existing infrastructure and
248	for ensuring the security of the project upon acquisition;
249	7.  The anticipated costs of management and projected
250	sources of revenue, including legislative appropriations, to
251	fund management needs; and
252	8.  Recommendations as to how many employees will be needed
253	to manage the property, and recommendations as to whether local
254	governments, volunteer groups, the former landowner, or other
255	interested parties can be involved in the management.
256	(e)  Concurrent with the approval of the acquisition
257	contract pursuant to s. 259.041(3)(c) for any interest in lands,
258	the board of trustees shall designate an agency or agencies to
259	manage such lands and shall evaluate and amend, as appropriate,
260	the management policy statement for the project as provided by
261	s. 259.035, consistent with the purposes for which the lands are
262	acquired. For any fee simple acquisition of a parcel which is or
263	will be leased back for agricultural purposes, or any
264	acquisition of a less-than-fee interest in land that is or will
265	be used for agricultural purposes, the Board of Trustees of the
266	Internal Improvement Trust Fund shall first consider having a
267	soil and water conservation district, created pursuant to
268	chapter 582, manage and monitor such interests.
269	(f)  State agencies designated to manage lands acquired
270	under this chapter may contract with local governments and soil
271	and water conservation districts to assist in management
272	activities, including the responsibility of being the lead land
273	manager. Such land management contracts may include a provision
274	for the transfer of management funding to the local government
275	or soil and water conservation district from the Conservation
276	and Recreation Lands Trust Fund in an amount adequate for the
277	local government or soil and water conservation district to
278	perform its contractual land management responsibilities and
279	proportionate to its responsibilities, and which otherwise would
280	have been expended by the state agency to manage the property.
281	(g)  Immediately following the acquisition of any interest
282	in lands under this chapter, the Department of Environmental
283	Protection, acting on behalf of the board of trustees, may issue
284	to the lead managing entity an interim assignment letter to be
285	effective until the execution of a formal lease.
286	(10)
287	(b)  Individual management plans required by s. 253.034(5),
288	for parcels over 160 acres, shall be developed with input from
289	an advisory group. Members of this advisory group shall include,
290	at a minimum, representatives of the lead land managing agency,
291	comanaging entities, local private property owners, the
292	appropriate soil and water conservation district, a local
293	conservation organization, and a local elected official. The
294	advisory group shall conduct at least one public hearing within
295	the county in which the parcel or project is located. For those
296	parcels or projects that are within more than one county, at
297	least one areawide public hearing shall be acceptable and the
298	lead managing agency shall invite a local elected official from
299	each county. The areawide public hearing shall be held in the
300	county in which the core parcels are located. Notice of such
301	public hearing shall be posted on the parcel or project
302	designated for management, advertised in a paper of general
303	circulation, and announced at a scheduled meeting of the local
304	governing body before the actual public hearing. The management
305	prospectus required pursuant to paragraph (9)(d) shall be
306	available to the public for a period of 30 days prior to the
307	public hearing.
308	(c)  Once a plan is adopted, the managing agency or entity
309	shall update the plan at least every 10 years in a form and
310	manner prescribed by rule of the board of trustees. Such
311	updates, for parcels over 160 acres, shall be developed with
312	input from an advisory group. Such plans may include transfers
313	of leasehold interests to appropriate conservation organizations
314	or governmental entities designated by the Land Acquisition and
315	Management Advisory Council or its successor, for uses
316	consistent with the purposes of the organizations and the
317	protection, preservation, conservation, restoration, and proper
318	management of the lands and their resources. Volunteer
319	management assistance is encouraged, including, but not limited
320	to, assistance by youths participating in programs sponsored by
321	state or local agencies, by volunteers sponsored by
322	environmental or civic organizations, and by individuals
323	participating in programs for committed delinquents and adults.
324	Pursuant to s. 253.034(13), managing agencies are directed to
325	evaluate the potential use of inmates to assist in the initial
326	management or restoration of newly acquired property to
327	determine if such use is cost-effective and logistically
328	practicable.
329	(e)  Individual management plans shall conform to the
330	appropriate policies and guidelines of the state land management
331	plan and shall include, but not be limited to:
332	1.  A statement of the purpose for which the lands were
333	acquired, the projected use or uses as defined in s. 253.034,
334	and the statutory authority for such use or uses.
335	2.  Key management activities necessary to preserve and
336	protect natural resources and restore habitat, and for
337	controlling the spread of nonnative plants and animals, and for
338	prescribed fire and other appropriate resource management
339	activities.
340	3.  A specific description of how the managing agency plans
341	to identify, locate, protect, and preserve, or otherwise use
342	fragile, nonrenewable natural and cultural resources.
343	4.  A priority schedule for conducting management
344	activities, based on the purposes for which the lands were
345	acquired.
346	5.  A cost estimate for conducting priority management
347	activities, to include recommendations for cost-effective
348	methods of accomplishing those activities.
349	6.  A cost estimate for conducting other management
350	activities which would enhance the natural resource value or
351	public recreation value for which the lands were acquired. The
352	cost estimate shall include recommendations for cost-effective
353	methods of accomplishing those activities.
354	7.  A determination of the public uses and public access
355	that would be consistent with the purposes for which the lands
356	were acquired.
357
358	By July 1 of each year, each governmental agency and each
359	private entity designated to manage lands shall report to the
360	Secretary of Environmental Protection on the progress of
361	funding, staffing, and resource management of every project for
362	which the agency or entity is responsible.
363	(12)
364	(e)  If property which was subject to ad valorem taxation
365	was acquired by a tax-exempt entity for ultimate conveyance to
366	the state under this chapter, payment in lieu of taxes shall be
367	made for such property based upon the average amount of taxes
368	paid on the property for the 3 years prior to its being removed
369	from the tax rolls. The department shall certify to the
370	Department of Revenue those properties that may be eligible
371	under this provision. Once eligibility has been established,
372	that county or local government shall receive 10 consecutive
373	annual payments for each tax loss, and no further eligibility
374	determination shall be made during that period.
375
376	For the purposes of this subsection, "local government" includes
377	municipalities, the county school board, mosquito control
378	districts, and any other local government entity which levies ad
379	valorem taxes, with the exception of a water management
380	district.
381	Section 3.  Subsection (5) of section 373.089, Florida
382	Statutes, is amended to read:
383	373.089  Sale or exchange of lands, or interests or rights
384	in lands.--The governing board of the district may sell lands,
385	or interests or rights in lands, to which the district has
386	acquired title or to which it may hereafter acquire title in the
387	following manner:
388	(5)  In any county having a population of 75,000 or fewer,
389	or a county having a population of 100,000 or fewer that is
390	contiguous to a county having a population of 75,000 or fewer,
391	in which more than 30 50 percent of the lands within the county
392	boundary are federal lands and lands titled in the name of the
393	state, a state agency, a water management district, or a local
394	government, those lands titled in the name of a water management
395	district which are not essential or necessary to meet the
396	purposes identified in s. 373.139 conservation purposes may,
397	upon request of a public or private entity, be made available
398	for purchase through the surplusing process in this section.
399	Priority consideration must be given to buyers, public or
400	private, who are willing to return the property to productive
401	use so long as the property can be reentered onto the county ad
402	valorem tax roll. Property acquired with matching funds from a
403	local government shall not be made available for purchase
404	without the consent of the local government.
405	Section 4.  Paragraph (b) of subsection (10) of section
406	373.59, Florida Statutes, is amended to read:
407	373.59  Water Management Lands Trust Fund.--
408	(10)
409	(b)  Payment in lieu of taxes shall be available:
410	1.  To all counties that have a population of 150,000 or
411	fewer. Population levels shall be determined pursuant to s.
412	11.031.
413	2.  To all local governments located in eligible counties
414	and whose lands are bought and taken off the tax rolls.
415
416	For properties acquired after January 1, 2000, in the event that
417	such properties otherwise eligible for payment in lieu of taxes
418	under this subsection are leased or reserved and remain subject
419	to ad valorem taxes, payments in lieu of taxes shall commence or
420	recommence upon the expiration or termination of the lease or
421	reservation, but in no event shall there be more than a total of
422	10 annual payments in lieu of taxes for each tax loss. If the
423	lease is terminated for only a portion of the lands at any time,
424	the 10 annual payments shall be made for that portion only
425	commencing the year after such termination, without limiting the
426	requirement that 10 annual payments shall be made on the
427	remaining portion or portions of the land as the lease on each
428	expires. For the purposes of this subsection, "local government"
429	includes municipalities, the county school board, mosquito
430	control districts, and any other local government entity which
431	levies ad valorem taxes.
432	Section 5.  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 6.  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 or logistically practicable, the state agency
497	is not required to enter 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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  This act shall take effect upon becoming a
851	law.

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