Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1226
                        Barcode 971882
                            CHAMBER ACTION
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       05/01/2006 11:07 AM         .                    
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11  Senators Bennett and Dockery moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (b) of subsection (1) and
18  subsections (11) and (13) of section 201.15, Florida Statutes,
19  are amended to read:
20         201.15  Distribution of taxes collected.--All taxes
21  collected under this chapter shall be distributed as follows
22  and shall be subject to the service charge imposed in s.
23  215.20(1), except that such service charge shall not be levied
24  against any portion of taxes pledged to debt service on bonds
25  to the extent that the amount of the service charge is
26  required to pay any amounts relating to the bonds:
27         (1)  Sixty-two and sixty-three hundredths percent of
28  the remaining taxes collected under this chapter shall be used
29  for the following purposes:
30         (b)  Moneys The remainder of the moneys distributed
31  under this subsection, after the required payment under
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    6:27 PM   04/28/06                              s1226.21ep.001

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 paragraph (a), shall be paid into the State Treasury to the 2 credit of the Save Our Everglades Trust Fund in amounts 3 necessary to pay debt service, provide reserves, and pay 4 rebate obligations and other amounts due with respect to bonds 5 issued under s. 215.619. Taxes distributed under paragraph (a) 6 and this paragraph must be collectively distributed on a pro 7 rata basis when the available moneys under this subsection are 8 not sufficient to cover the amounts required under paragraph 9 (a) and this paragraph. 10 (11) From the moneys specified in paragraphs (1)(e) 11 paragraphs (1)(d) and (2)(a) and prior to deposit of any 12 moneys into the General Revenue Fund, $30 million shall be 13 paid into the State Treasury to the credit of the Ecosystem 14 Management and Restoration Trust Fund in fiscal year 2000-2001 15 and each fiscal year thereafter, to be used for the 16 preservation and repair of the state's beaches as provided in 17 ss. 161.091-161.212, and $2 million shall be paid into the 18 State Treasury to the credit of the Marine Resources 19 Conservation Trust Fund to be used for marine mammal care as 20 provided in s. 370.0603(3). 21 (13) The distribution of proceeds deposited into the 22 Water Management Lands Trust Fund and the Conservation and 23 Recreation Lands Trust Fund, pursuant to subsections (4) and 24 (5), shall not be used for land acquisition, but may be used 25 for preacquisition costs associated with land purchases. The 26 Legislature intends that the Florida Forever program supplant 27 the acquisition programs formerly authorized under ss. 259.032 28 and 373.59. Prior to the 2005 Regular Session of the 29 Legislature, the Acquisition and Restoration Council shall 30 review and make recommendations to the Legislature concerning 31 the need to repeal this provision. Based on these 2 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 recommendations, the Legislature shall review the need to 2 repeal this provision during the 2005 Regular Session. 3 Section 2. Effective July 1, 2007, paragraph (b) of 4 subsection (1), and subsections (11) and (13) of section 5 201.15, Florida Statutes, as amended by section 1 of chapter 6 2005-92, Laws of Florida, are amended to read: 7 201.15 Distribution of taxes collected.--All taxes 8 collected under this chapter shall be distributed as follows 9 and shall be subject to the service charge imposed in s. 10 215.20(1), except that such service charge shall not be levied 11 against any portion of taxes pledged to debt service on bonds 12 to the extent that the amount of the service charge is 13 required to pay any amounts relating to the bonds: 14 (1) Sixty-two and sixty-three hundredths percent of 15 the remaining taxes collected under this chapter shall be used 16 for the following purposes: 17 (b) Moneys The remainder of the moneys distributed 18 under this subsection, after the required payment under 19 paragraph (a), shall be paid into the State Treasury to the 20 credit of the Save Our Everglades Trust Fund in amounts 21 necessary to pay debt service, provide reserves, and pay 22 rebate obligations and other amounts due with respect to bonds 23 issued under s. 215.619. Taxes distributed under paragraph (a) 24 and this paragraph must be collectively distributed on a pro 25 rata basis when the available moneys under this subsection are 26 not sufficient to cover the amounts required under paragraph 27 (a) and this paragraph. 28 (11) From the moneys specified in paragraphs (1)(e) 29 paragraphs (1)(d) and (2)(a) and prior to deposit of any 30 moneys into the General Revenue Fund, $30 million shall be 31 paid into the State Treasury to the credit of the Ecosystem 3 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 Management and Restoration Trust Fund in fiscal year 2000-2001 2 and each fiscal year thereafter, to be used for the 3 preservation and repair of the state's beaches as provided in 4 ss. 161.091-161.212, and $2 million shall be paid into the 5 State Treasury to the credit of the Marine Resources 6 Conservation Trust Fund to be used for marine mammal care as 7 provided in s. 370.0603(3). 8 (13) The distribution of proceeds deposited into the 9 Water Management Lands Trust Fund and the Conservation and 10 Recreation Lands Trust Fund, pursuant to subsections (4) and 11 (5), shall not be used for land acquisition, but may be used 12 for preacquisition costs associated with land purchases. The 13 Legislature intends that the Florida Forever program supplant 14 the acquisition programs formerly authorized under ss. 259.032 15 and 373.59. Prior to the 2005 Regular Session of the 16 Legislature, the Acquisition and Restoration Council shall 17 review and make recommendations to the Legislature concerning 18 the need to repeal this provision. Based on these 19 recommendations, the Legislature shall review the need to 20 repeal this provision during the 2005 Regular Session. 21 Section 3. Subsection (3) of section 215.619, Florida 22 Statutes, is amended to read: 23 215.619 Bonds for Everglades restoration.-- 24 (3) Everglades restoration bonds are payable from, and 25 secured by a first lien on, taxes distributable under s. 26 201.15(1)(b) and do not constitute a general obligation of, or 27 a pledge of the full faith and credit of, the state. 28 Everglades restoration bonds shall be secured on a parity 29 basis with are junior and subordinate to bonds secured by 30 moneys distributable under s. 201.15(1)(a). 31 Section 4. Paragraph (b) of subsection (2), paragraphs 4 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (e) and (f) of subsection (9), paragraph (d) of subsection 2 (10), and paragraph (b) of subsection (11) of section 259.032, 3 Florida Statutes, are amended to read: 4 259.032 Conservation and Recreation Lands Trust Fund; 5 purpose.-- 6 (2) 7 (b) There shall annually be transferred from the 8 Conservation and Recreation Lands Trust Fund to the Land 9 Acquisition Trust Fund that amount, not to exceed $20 million 10 annually, as shall be necessary to pay the debt service on, or 11 fund debt service reserve funds, rebate obligations, or other 12 amounts with respect to bonds issued pursuant to s. 375.051 to 13 acquire lands on the established priority list developed 14 pursuant to ss. 259.101(4) and 259.105 this section; however, 15 no moneys transferred to the Land Acquisition Trust Fund 16 pursuant to this paragraph, or earnings thereon, shall be used 17 or made available to pay debt service on the Save Our Coast 18 revenue bonds. Amounts transferred annually from the 19 Conservation and Recreation Lands Trust Fund to the Land 20 Acquisition Trust Fund pursuant to this paragraph shall have 21 the highest priority over other payments or transfers from the 22 Conservation and Recreation Lands Trust Fund, and no other 23 payments or transfers shall be made from the Conservation and 24 Recreation Lands Trust Fund until such transfers to the Land 25 Acquisition Trust Fund have been made. Effective July 1, 2001, 26 Moneys in the Conservation and Recreation Lands Trust Fund 27 also shall be used to manage lands and to pay for related 28 costs, activities, and functions pursuant to the provisions of 29 this section. 30 (9) All lands managed under this chapter and s. 31 253.034 shall be: 5 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (e) Concurrent with the approval of the acquisition 2 contract pursuant to s. 259.041(3)(c) for any interest in 3 lands except those lands being acquired under the provisions 4 of s. 259.1052, the board of trustees shall designate an 5 agency or agencies to manage such lands. The board and shall 6 evaluate and amend, as appropriate, the management policy 7 statement for the project as provided by s. 259.035, 8 consistent with the purposes for which the lands are acquired. 9 For any fee simple acquisition of a parcel which is or will be 10 leased back for agricultural purposes, or any acquisition of a 11 less-than-fee interest in land that is or will be used for 12 agricultural purposes, the Board of Trustees of the Internal 13 Improvement Trust Fund shall first consider having a soil and 14 water conservation district, created pursuant to chapter 582, 15 manage and monitor such interests. 16 (f) State agencies designated to manage lands acquired 17 under this chapter except those lands acquired under s. 18 259.1052 may contract with local governments and soil and 19 water conservation districts to assist in management 20 activities, including the responsibility of being the lead 21 land manager. Such land management contracts may include a 22 provision for the transfer of management funding to the local 23 government or soil and water conservation district from the 24 Conservation and Recreation Lands Trust Fund in an amount 25 adequate for the local government or soil and water 26 conservation district to perform its contractual land 27 management responsibilities and proportionate to its 28 responsibilities, and which otherwise would have been expended 29 by the state agency to manage the property. 30 (10) 31 (d)1. For each project for which lands are acquired 6 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 after July 1, 1995, an individual management plan shall be 2 adopted and in place no later than 1 year after the essential 3 parcel or parcels identified in the priority list developed 4 pursuant to ss. 259.101(4) and 259.105 in the annual 5 Conservation and Recreation Lands report prepared pursuant to 6 s. 259.035(2)(a) have been acquired. Beginning in fiscal year 7 1998-1999, The Department of Environmental Protection shall 8 distribute only 75 percent of the acquisition funds to which a 9 budget entity or water management district would otherwise be 10 entitled from the Preservation 2000 Trust Fund to any budget 11 entity or any water management district that has more than 12 one-third of its management plans overdue. 13 2. The requirements of subparagraph 1. do not apply to 14 the individual management plan for the Babcock Crescent B 15 Ranch being acquired pursuant to s. 259.1052. The management 16 plan for the ranch shall be adopted and in place no later than 17 2 years following the date of acquisition by the state. 18 (11) 19 (b) An amount up to 1.5 percent of the cumulative 20 total of funds ever deposited into the Florida Preservation 21 2000 Trust Fund and the Florida Forever Trust Fund shall be 22 made available for the purposes of management, maintenance, 23 and capital improvements not eligible for funding pursuant to 24 s. 11(e), Art. VII of the State Constitution, and for 25 associated contractual services, for lands acquired pursuant 26 to this section, s. 259.101, s. 259.105, s. 259.1052, or 27 previous programs for the acquisition of lands for 28 conservation and recreation, including state forests, to which 29 title is vested in the board of trustees and other 30 conservation and recreation lands managed by a state agency. 31 Of this amount, $250,000 shall be transferred annually to the 7 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 Plant Industry Trust Fund within the Department of Agriculture 2 and Consumer Services for the purpose of implementing the 3 Endangered or Threatened Native Flora Conservation Grants 4 Program pursuant to s. 581.185(11). Each agency with 5 management responsibilities shall annually request from the 6 Legislature funds sufficient to fulfill such responsibilities. 7 For the purposes of this paragraph, capital improvements shall 8 include, but need not be limited to, perimeter fencing, signs, 9 firelanes, access roads and trails, and minimal public 10 accommodations, such as primitive campsites, garbage 11 receptacles, and toilets. Any equipment purchased with funds 12 provided pursuant to this paragraph may be used for the 13 purposes described in this paragraph on any conservation and 14 recreation lands managed by a state agency. 15 Section 5. Subsections (2), and (10) of section 16 259.105, Florida Statutes, are amended to read: 17 259.105 The Florida Forever Act.-- 18 (2)(a) The Legislature finds and declares that: 19 1. The Preservation 2000 program provided tremendous 20 financial resources for purchasing environmentally significant 21 lands to protect those lands from imminent development, 22 thereby assuring present and future generations access to 23 important open spaces and recreation and conservation lands. 24 2. The continued alteration and development of 25 Florida's natural areas to accommodate the state's rapidly 26 growing population have contributed to the degradation of 27 water resources, the fragmentation and destruction of wildlife 28 habitats, the loss of outdoor recreation space, and the 29 diminishment of wetlands, forests, and public beaches. 30 3. The potential development of Florida's remaining 31 natural areas and escalation of land values require a 8 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 continuation of government efforts to restore, bring under 2 public protection, or acquire lands and water areas to 3 preserve the state's invaluable quality of life. 4 4. Florida's groundwater, surface waters, and springs 5 are under tremendous pressure due to population growth and 6 economic expansion and require special protection and 7 restoration efforts. To ensure that sufficient quantities of 8 water are available to meet the current and future needs of 9 the natural systems and citizens of the state, and assist in 10 achieving the planning goals of the department and the water 11 management districts, water resource development projects on 12 public lands, where compatible with the resource values of and 13 management objectives for the lands, are appropriate. 14 5. The needs of urban Florida for high-quality outdoor 15 recreational opportunities, greenways, trails, and open space 16 have not been fully met by previous acquisition programs. 17 Through such programs as the Florida Communities Trust and the 18 Florida Recreation Development Assistance Program, the state 19 shall place additional emphasis on acquiring, protecting, 20 preserving, and restoring open space, greenways, and 21 recreation properties within urban areas where pristine 22 natural communities or water bodies no longer exist because of 23 the proximity of developed property. 24 6. Many of Florida's unique ecosystems, such as the 25 Florida Everglades, are facing ecological collapse due to 26 Florida's burgeoning population. To preserve these valuable 27 ecosystems for future generations, parcels of land must be 28 acquired to facilitate ecosystem restoration. 29 7. Access to public lands to support a broad range of 30 outdoor recreational opportunities and the development of 31 necessary infrastructure, where compatible with the resource 9 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 values of and management objectives for such lands, promotes 2 an appreciation for Florida's natural assets and improves the 3 quality of life. 4 8. Acquisition of lands, in fee simple or in any 5 lesser interest, should be based on a comprehensive assessment 6 of Florida's natural resources and planned so as to protect 7 the integrity of ecological systems and provide multiple 8 benefits, including preservation of fish and wildlife habitat, 9 recreation space for urban as well as rural areas, and water 10 recharge. 11 9. The state has embraced performance-based program 12 budgeting as a tool to evaluate the achievements of publicly 13 funded agencies, build in accountability, and reward those 14 agencies which are able to consistently achieve quantifiable 15 goals. While previous and existing state environmental 16 programs have achieved varying degrees of success, few of 17 these programs can be evaluated as to the extent of their 18 achievements, primarily because performance measures, 19 standards, outcomes, and goals were not established at the 20 outset. Therefore, the Florida Forever program shall be 21 developed and implemented in the context of measurable state 22 goals and objectives. 23 10. It is the intent of the Legislature to change the 24 focus and direction of the state's major land acquisition 25 programs and to extend funding and bonding capabilities, so 26 that future generations may enjoy the natural resources of 27 Florida. 28 (b) The Legislature recognizes that acquisition is 29 only one way to achieve the aforementioned goals and 30 encourages the development of creative partnerships between 31 governmental agencies and private landowners. Land protection 10 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 agreements and similar tools should be used, where 2 appropriate, to bring environmentally sensitive tracts under 3 an acceptable level of protection at a lower financial cost to 4 the public, and to provide private landowners with the 5 opportunity to enjoy and benefit from their property. 6 (c) Public agencies or other entities that receive 7 funds under this section are encouraged to better coordinate 8 their expenditures so that project acquisitions, when combined 9 with acquisitions under Preservation 2000, Save Our Rivers, 10 the Florida Communities Trust, and other public land 11 acquisition programs, will form more complete patterns of 12 protection for natural areas and functioning ecosystems, to 13 better accomplish the intent of this section. 14 (d) A long-term financial commitment to managing 15 Florida's public lands must accompany any new land acquisition 16 program to ensure that the natural resource values of such 17 lands are protected, that the public has the opportunity to 18 enjoy the lands to their fullest potential, and that the state 19 achieves the full benefits of its investment of public 20 dollars. 21 (e) With limited dollars available for restoration and 22 acquisition of land and water areas and for providing 23 long-term management and capital improvements, a competitive 24 selection process can select those projects best able to meet 25 the goals of Florida Forever and maximize the efficient use of 26 the program's funding. 27 (f) To ensure success and provide accountability to 28 the citizens of this state, it is the intent of the 29 Legislature that any bond proceeds used pursuant to this 30 section be used to implement the goals and objectives 31 recommended by the Florida Forever Advisory Council as 11 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 approved by the Board of Trustees of the Internal Improvement 2 Trust Fund and the Legislature. 3 (g) As it has with previous land acquisition programs, 4 the Legislature recognizes the desires of the citizens of this 5 state to prosper through economic development and to preserve 6 the natural areas and recreational open space of Florida. The 7 Legislature further recognizes the urgency of restoring the 8 natural functions of public lands or water bodies before they 9 are degraded to a point where recovery may never occur, yet 10 acknowledges the difficulty of ensuring adequate funding for 11 restoration efforts in light of other equally critical 12 financial needs of the state. It is the Legislature's desire 13 and intent to fund the implementation of this section and to 14 do so in a fiscally responsible manner, by issuing bonds to be 15 repaid with documentary stamp tax revenue. 16 (h) The Legislature further recognizes the important 17 role that many of our state and federal military installations 18 contribute to protecting and preserving Florida's natural 19 resources as well as our economic prosperity. Where the 20 state's land conservation plans overlap with the military's 21 need to protect lands, waters, and habitat to ensure the 22 sustainability of military missions, it is the Legislature's 23 intent that agencies receiving funds under this program 24 cooperate with our military partners to protect and buffer 25 military installations and military airspace, by: 26 1. Protecting habitat on non-military land for any 27 species found on military land that is designated as 28 threatened or endangered, or is a candidate for such 29 designation under the Endangered Species Act or any Florida 30 statute. 31 2. Protecting areas underlying low-level military air 12 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 corridors or operating areas, and 2 3. Protecting areas identified as clear zones, 3 accident potential zones, and air installation compatible use 4 buffer zones delineated by our military partners. 5 (10) The Acquisition and Restoration Council shall 6 give increased priority to those projects for which matching 7 funds are available and to project elements previously 8 identified on an acquisition list pursuant to this section 9 that can be acquired at 80 percent or less of appraised value. 10 The council shall also give increased priority to those 11 projects where the state's land conservation plans overlap 12 with the military's need to protect lands, water, and habitat 13 to ensure the sustainability of military missions including: 14 (a) Protecting habitat on non-military land for any 15 species found on military land that is designated as 16 threatened or endangered, or is a candidate for such 17 designation under the Endangered Species Act or any Florida 18 statute. 19 (b) Protecting areas underlying low-level military air 20 corridors or operating areas, and 21 (c) Protecting areas identified as clear zones, 22 accident potential zones, and air installation compatible use 23 buffer zones delineated by our military partners, and for 24 which federal or other funding is available to assist with the 25 project. 26 Section 6. Subsections (1) and (2) of section 27 259.1051, Florida Statutes, are amended to read: 28 259.1051 Florida Forever Trust Fund.-- 29 (1) There is created the Florida Forever Trust Fund to 30 carry out the purposes of ss. 259.032, 259.105, 259.1052, and 31 375.031. The Florida Forever Trust Fund shall be held and 13 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 administered by the Department of Environmental Protection. 2 Proceeds from the sale of bonds, except proceeds of refunding 3 bonds, issued under s. 215.618 and payable from moneys 4 transferred to the Land Acquisition Trust Fund under s. 5 201.15(1)(a), not to exceed $3 billion, must be deposited into 6 this trust fund to be distributed and used as provided in s. 7 259.105(3). The bond resolution adopted by the governing board 8 of the Division of Bond Finance of the State Board of 9 Administration may provide for additional provisions that 10 govern the disbursement of the bond proceeds. 11 (2) The Department of Environmental Protection shall 12 distribute revenues from the Florida Forever Trust Fund only 13 to programs of state agencies or local governments as set out 14 in s. 259.105(3) or as provided in s. 259.1052. Excluding 15 distributions to the Save Our Everglades Trust Fund and 16 distributions for the acquisition of the Babcock Crescent B 17 Ranch Florida Forever acquisition as provided in s. 259.1052, 18 the distributions shall be spent by the recipient within 90 19 days after the date on which the Department of Environmental 20 Protection initiates the transfer. 21 Section 7. Section 259.1052, Florida Statutes, is 22 created to read: 23 259.1052 Babcock Crescent B Ranch Florida Forever 24 acquisition; conditions for purchase.-- 25 (1) The acquisition of the state's portion of the 26 Babcock Crescent B Ranch by the Board of Trustees of the 27 Internal Improvement Trust Fund is a conservation acquisition 28 under the Florida Forever program created in s. 259.105, with 29 a goal of sustaining the ecological and economic integrity of 30 the property being acquired while allowing the business of the 31 ranch to operate and prosper. 14 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (2) The Babcock Crescent B Ranch constitutes a unique 2 land mass that has significant scientific, cultural, 3 historical, recreational, ecological, wildlife, fisheries, and 4 productive values. The property is part of a potential 5 greenway of undeveloped land extending from Lake Okeechobee to 6 the east and Charlotte Harbor to the west. The natural beauty 7 and abundant resources of the ranch provide numerous public 8 recreational opportunities such as hiking, fishing, camping, 9 horseback riding, and hunting. 10 (3) The Legislature recognizes that the acquisition of 11 the state's portion of the Babcock Crescent B Ranch represents 12 a unique opportunity to assist in preserving the largest 13 private and undeveloped single-ownership tract of land in 14 Charlotte County. The Legislature further recognizes Lee 15 County as a partner in the acquisition of the ranch. 16 (4) This section authorizes the acquisition of the 17 state's portion of the Babcock Crescent B Ranch in order to 18 protect and preserve for future generations the scientific, 19 scenic, historic, and natural values of the ranch, including 20 rivers and ecosystems; to protect and preserve the 21 archaeological, geological, and cultural resources of the 22 ranch; to provide for species recovery; and to provide 23 opportunities for public recreation. 24 (5) The Fish and Wildlife Conservation Commission and 25 the Department of Agriculture and Consumer Services shall be 26 the lead managing agencies responsible for the management of 27 Babcock Crescent B Ranch. 28 (6) In addition to distributions authorized under s. 29 259.105(3), the Department of Environmental Protection is 30 authorized to distribute $310 million in revenues from the 31 Florida Forever Trust Fund. This distribution shall represent 15 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 payment in full for the portion of the Babcock Crescent B 2 Ranch to be acquired by the state under this section. 3 (7) As used in this section, the term "state's portion 4 of the Babcock Crescent B Ranch" comprises those lands to be 5 conveyed by special warranty deed to the Board of Trustees of 6 the Internal Improvement Trust Fund under the provisions of 7 the agreement for sale and purchase executed by the Board of 8 Trustees of the Internal Improvement Trust Fund, the Fish and 9 Wildlife Conservation Commission, the Department of 10 Agriculture and Consumer Services, and the participating local 11 government, as purchaser, and MSKP, III, a Florida 12 corporation, as seller. 13 Section 8. Section 259.10521, Florida Statutes, is 14 created to read: 15 259.10521 Citizen support organization; use of 16 property; audit.-- 17 (1) DEFINITIONS.--For the purpose of this section, the 18 "Citizen support organization" means an organization that is: 19 (a) A Florida corporation not for profit incorporated 20 under the provisions of chapter 617 and approved by the 21 Department of State; 22 (b) Organized and operated to conduct programs and 23 activities in the best interest of the state; raise funds; 24 request and receive grants, gifts, and bequests of money; 25 acquire, receive, hold, invest, and administer, in its own 26 name, securities, funds, objects of value, or other property, 27 real or personal; and make expenditures to or for the direct 28 or indirect benefit of the Babcock Crescent B Ranch; 29 (c) Determined by the Fish and Wildlife Conservation 30 Commission and the Division of Forestry within the Department 31 of Agriculture and Consumer Services to be consistent with the 16 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 goals of the state in acquiring the ranch and in the best 2 interests of the state; and 3 (d) Approved in writing by the Fish and Wildlife 4 Conservation Commission and the Division of Forestry to 5 operate for the direct or indirect benefit of the ranch and in 6 the best interest of the state. Such approval shall be given 7 in a letter of agreement from the Fish and Wildlife 8 Conservation Commission and the Division of Forestry. Only one 9 citizen support organization may be created to operate for the 10 direct or indirect benefit of the Babcock Crescent B Ranch. 11 (2) USE OF PROPERTY.-- 12 (a) The Fish and Wildlife Conservation Commission and 13 the Division of Forestry may permit, without charge, 14 appropriate use of fixed property and facilities of the 15 Babcock Crescent B Ranch by a citizen support organization, 16 subject to the provisions of this section. Such use must be 17 directly in keeping with the approved purposes of the citizen 18 support organization, and may not be made at times or places 19 that would unreasonably interfere with recreational 20 opportunities for the general public. 21 (b) The Fish and Wildlife Conservation Commission and 22 the Division of Forestry may prescribe by rule any condition 23 with which the citizen support organization shall comply in 24 order to use fixed property or facilities of the ranch. 25 (c) The Fish and Wildlife Conservation Commission and 26 the Division of Forestry shall not permit the use of any fixed 27 property or facilities of the ranch by a citizen support 28 organization that does not provide equal membership and 29 employment opportunities to all persons regardless of race, 30 color, religion, sex, age, or national origin. 31 (3) PARTNERSHIPS.-- 17 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (a) The Legislature recognizes that the Babcock 2 Crescent B Ranch will need a variety of facilities to enhance 3 its public use and potential. Such facilities include, but are 4 not limited to, improved access, camping areas, picnic 5 shelters, management facilities, and environmental education 6 facilities. The need for such facilities may exceed the 7 ability of the state to provide such facilities in a timely 8 manner with moneys available. The Legislature finds it to be 9 in the public interest to provide incentives for partnerships 10 with private organizations with the intent of producing 11 additional revenue to help enhance the use and potential of 12 the ranch. 13 (b) The Legislature may annually appropriate funds 14 from the Land Acquisition Trust Fund for use only as state 15 matching funds, in conjunction with private donations in 16 aggregates of at least $60,000, matched by $40,000 of state 17 funds, for a total minimum project amount of $100,000 for 18 capital improvement facility development at the ranch at 19 either individually designated locations or for priority 20 projects within the overall ranch system. The citizen support 21 organization may acquire private donations pursuant to this 22 section, and matching state funds for approved projects may be 23 provided in accordance with this subsection. The Fish and 24 Wildlife Conservation Commission and the Division of Forestry 25 are authorized to properly recognize and honor a private donor 26 by placing a plaque or other appropriate designation noting 27 the contribution on project facilities or by naming project 28 facilities after the person or organization that provided 29 matching funds. The Fish and Wildlife Conservation Commission 30 and the Division of Forestry are authorized to adopt necessary 31 administrative rules to carry out the purposes of this 18 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 subsection. 2 Section 9. Section 259.1053, Florida Statutes, is 3 created to read: 4 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; 5 creation; membership; organization; meetings.-- 6 (1) SHORT TITLE.--This section may be cited as the 7 "Babcock Ranch Preserve Act." 8 (2) DEFINITIONS.--As used in this section, the term: 9 (a) "Babcock Ranch Preserve" and "preserve" mean the 10 lands and facilities acquired in the purchase of the Babcock 11 Crescent B Ranch, as provided in s. 259.1052. 12 (b) "Babcock Ranch, Inc.," and "corporation" mean the 13 not-for-profit corporation created under this section to 14 operate and manage the Babcock Ranch Preserve as a working 15 ranch. 16 (c) "Board of directors" means the governing board of 17 the not-for-profit corporation created under this section. 18 (d) "Commission" means the Fish and Wildlife 19 Conservation Commission. 20 (e) "Commissioner" means the Commissioner of 21 Agriculture. 22 (f) "Department" means the Department of Agriculture 23 and Consumer Services. 24 (g) "Executive director" means the Executive Director 25 of the Fish and Wildlife Conservation Commission. 26 (h) "Financially self-sustaining" means having 27 management and operation expenditures not more than the 28 revenues collected from fees and other receipts for resource 29 use and development, and from interest and invested funds. 30 (i) "Management and operating expenditures" means 31 expenses of the corporation, including, but not limited to, 19 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 salaries and benefits of officers and staff, administrative 2 and operating expenses, costs of improvements to and 3 maintenance of lands and facilities of the Babcock Ranch 4 Preserve, and other similar expenses. Such expenditures shall 5 be made from revenues generated from the operation of the 6 ranch and not from funds appropriated by the Legislature 7 except as provided in this section. 8 (j) "Member" means a person appointed to the board of 9 directors of the not-for-profit corporation created under this 10 section. 11 (k) "Multiple use" means the management of all of the 12 renewable surface resources of the Babcock Ranch Preserve to 13 best meet the needs of the public, including the use of the 14 land for some or all of the renewable surface resources or 15 related services over areas large enough to allow for periodic 16 adjustments in use to conform to the changing needs and 17 conditions of the preserve while recognizing that a portion of 18 the land will be used for some of the renewable surface 19 resources available on that land. The goal of multiple use is 20 the harmonious and coordinated management of the renewable 21 surface resources without impairing the productivity of the 22 land and considering the relative value of the renewable 23 surface resources, and not necessarily a combination of uses 24 to provide the greatest monetary return or the greatest unit 25 output. 26 (l) "Sustained yield of the renewable surface 27 resources" means the achievement and maintenance of a high 28 level of annual or regular periodic output of the various 29 renewable surface resources of the preserve without impairing 30 the productivity of the land. 31 (3) CREATION OF BABCOCK RANCH PRESERVE.-- 20 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (a) Upon the date of acquisition of the Babcock 2 Crescent B Ranch, there is created the Babcock Ranch Preserve, 3 which shall be managed in accordance with the purposes and 4 requirements of this section. 5 (b) The preserve is established to protect and 6 preserve the environmental, agricultural, scientific, scenic, 7 geologic, watershed, fish, wildlife, historic, cultural, and 8 recreational values of the preserve, and to provide for the 9 multiple use and sustained yield of the renewable surface 10 resources within the preserve consistent with this section. 11 (c) Babcock Ranch, Inc., and its officers and 12 employees shall participate in the management of the Babcock 13 Ranch Preserve in an advisory capacity only until the 14 management agreement referenced in paragraph (11)(a) is 15 terminated or expires. 16 (d) Nothing in this section shall preclude Babcock 17 Ranch, Inc., prior to assuming management and operation of the 18 preserve and thereafter, from allowing the use of common 19 varieties of mineral materials such as sand, stone, and gravel 20 for construction and maintenance of roads and facilities 21 within the preserve. 22 (e) Nothing in this section shall be construed as 23 affecting the constitutional responsibilities of the 24 commission in the exercise of its regulatory and executive 25 power with respect to wild animal life and freshwater aquatic 26 life, including the regulation of hunting, fishing, and 27 trapping within the preserve. 28 (f) Nothing in this section shall be construed to 29 interfere with or prevent the ability of Babcock Ranch, Inc., 30 to implement agricultural practices authorized by the 31 agricultural land use designations established in the local 21 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 comprehensive plans of either Charlotte or Lee Counties as 2 those plans apply to the Babcock Ranch Preserve. 3 (g) To clarify the responsibilities of the lead 4 managing agencies and the not-for-profit corporation created 5 under this section, the lead managing agencies are directed to 6 establish a range of resource protection values for the 7 Babcock Ranch Preserve, and the corporation shall establish 8 operational parameters to conduct the business of the ranch 9 within the range of values. The corporation shall establish a 10 range of operational values for conducting the business of the 11 ranch, and the lead managing agencies providing ground support 12 to the ranch outside of each agency's jurisdictional 13 responsibilities shall establish management parameters within 14 that range of values. 15 (h) Nothing in this section shall preclude the 16 maintenance and use of roads and trails or the relocation of 17 roads in existence on the effective date of this section, or 18 the construction, maintenance, and use of new trails, or any 19 motorized access necessary for the administration of the land 20 contained within the preserve, including motorized access 21 necessary for emergencies involving the health or safety of 22 persons within the preserve. 23 (i) The Division of State Lands of the Department of 24 Environmental Protection shall perform staff duties and 25 functions for Babcock Ranch, Inc., the not-for-profit 26 corporation created under this section, until such time as the 27 corporation organizes to elect officers, file articles of 28 incorporation, and exercise its powers and duties. 29 (4) CREATION OF BABCOCK RANCH, INC.-- 30 (a) Subject to filing articles of incorporation, there 31 is created a not-for-profit corporation, to be known as 22 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 Babcock Ranch, Inc., which shall be registered, incorporated, 2 organized, and operated in compliance with the provisions of 3 chapter 617, and which shall not be a unit or entity of state 4 government. For purposes of sovereign immunity, the 5 corporation shall be a corporation primarily acting as an 6 instrumentality of the state but otherwise shall not be an 7 agency within the meaning of s. 20.03(11) or a unit or entity 8 of state government. 9 (b) The corporation is organized on a nonstock basis 10 and shall operate in a manner consistent with its public 11 purpose and in the best interest of the state. 12 (c) Meetings and records of the corporation, its 13 directors, advisory committees, or similar groups created by 14 the corporation, including any not-for-profit subsidiaries, 15 are subject to the public records provisions of chapter 119 16 and the public meetings and records provisions of s. 286.011. 17 (5) APPLICABILITY OF SECTION.--In any conflict between 18 a provision of this section and a provision of chapter 617, 19 the provisions of this section shall prevail. 20 (6) PURPOSE.--The purpose of Babcock Ranch, Inc., is 21 to provide management and administrative services for the 22 preserve, to establish and implement management policies that 23 will achieve the purposes and requirements of this section, to 24 cooperate with state agencies to further the purposes of the 25 preserve, and to establish the administrative and accounting 26 procedures for the operation of the corporation. 27 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The 28 corporation shall be governed by a nine-member board of 29 directors who shall be appointed by the Board of Trustees of 30 the Internal Improvement Trust Fund; the executive director of 31 the commission; the Commissioner of Agriculture; the Babcock 23 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 Florida Company, a corporation registered to do business in 2 the state, or its successors or assigns; the Charlotte County 3 Board of County Commissioners, and the Lee County Board of 4 County Commissioners in the following manner: 5 (a)1. The Board of Trustees of the Internal 6 Improvement Trust Fund shall appoint four members. One 7 appointee shall have expertise in domesticated livestock 8 management, production, and marketing, including range 9 management and livestock business management. One appointee 10 shall have expertise in the management of game and nongame 11 wildlife and fish populations, including hunting, fishing, and 12 other recreational activities. One appointee shall have 13 expertise in the sustainable management of forest lands for 14 commodity purposes. One appointee shall have expertise in 15 financial management, budget and program analysis, and small 16 business operations. 17 2. The executive director shall appoint one member 18 with expertise in hunting; fishing; nongame species 19 management; or wildlife habitat management, restoration, and 20 conservation. 21 3. The commissioner shall appoint one member with 22 expertise in agricultural operations or foresty management. 23 4. The Babcock Florida Company, or its successors or 24 assigns, shall appoint one member with expertise in the 25 activities and management of the Babcock Ranch on the date of 26 acquisition of the ranch by the state as provided under s. 27 259.1052. This appointee shall serve on the board of directors 28 only until the termination of or expiration of the management 29 agreement attached as Exhibit "E" to that certain Agreement 30 for Sale and Purchase approved by the Board of Trustees of the 31 Internal Improvement Trust Fund on November 22, 2005, and by 24 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 Lee County, a political subdivision of the state, on November 2 20, 2005. Upon termination of or expiration of the management 3 agreement, the person serving as the head of the property 4 owners' association, if any, required to be created under the 5 agreement for sale and purchase shall serve as a member of the 6 board of directors of Babcock Ranch, Inc. 7 5. The Charlotte County Board of County Commissioners 8 shall appoint one member who shall be a resident of the county 9 and who shall be active in an organization concerned with the 10 activities of the ranch. 11 6. The Lee County Board of County Commissioners shall 12 appoint one member who shall be a resident of the county and 13 who shall have experience in land conservation and management. 14 This appointee, or a successor appointee, shall serve as a 15 member of the board of directors so long as the county 16 participates in the state land management plan. 17 (b) All members of the board of directors shall be 18 appointed no later 90 days following the initial acquisition 19 of the Babcock Ranch by the state, and: 20 1. Four members initially appointed by the Board of 21 Trustees of the Internal Improvement Trust Fund shall each 22 serve a 4-year term. 23 2. The remaining initial five appointees shall each 24 serve a 2-year term. 25 3. Each member appointed thereafter shall serve a 26 4-year term. 27 4. A vacancy shall be filled in the same manner in 28 which the original appointment was made, and a member 29 appointed to fill a vacancy shall serve for the remainder of 30 that term. 31 5. No member may serve more than 8 years in 25 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 consecutive terms. 2 (c) With the exception of the Babcock Florida Company 3 appointee, no member may be an officer, director, or 4 shareholder in any entity that contracts with or receives 5 funds from the corporation or its subsidiaries. 6 (d) No member shall vote in an official capacity upon 7 any measure that would inure to his or her special private 8 gain or loss, that he or she knows would inure to the special 9 private gain or loss of any principal by whom he or she is 10 retained or to the parent organization or subsidiary of a 11 principal by which he or she is retained, or that he or she 12 knows would inure to the special private gain or loss of a 13 relative or business associate of the member. Such member 14 shall, prior to the vote being taken, publicly state the 15 nature of his or her interest in the matter from which he or 16 she is abstaining from voting and, no later than 15 days 17 following the date the vote occurs, shall disclose the nature 18 of his or her interest as a public record in a memorandum 19 filed with the person responsible for recording the minutes of 20 the meeting, who shall incorporate the memorandum in the 21 minutes of the meeting. 22 (e) Each member of the board of directors is 23 accountable for the proper performance of the duties of 24 office, and each member owes a fiduciary duty to the people of 25 the state to ensure that funds provided in furtherance of this 26 section are disbursed and used as prescribed by law and 27 contract. Any official appointing a member may remove that 28 member for malfeasance, misfeasance, neglect of duty, 29 incompetence, permanent inability to perform official duties, 30 unexcused absence from three consecutive meetings of the 31 board, arrest or indictment for a crime that is a felony or 26 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 misdemeanor involving theft or a crime of dishonesty, or 2 pleading nolo contendere to, or being found guilty of, any 3 crime. 4 (f) Each member of the board of directors shall serve 5 without compensation, but shall receive travel and per diem 6 expenses as provided in s. 112.061 while in the performance of 7 his or her duties. 8 (g) No appointee shall be an employee of any 9 governmental entity. 10 (8) ORGANIZATION; MEETINGS.-- 11 (a)1. The board of directors shall annually elect a 12 chairperson and a vice chairperson from among the board's 13 members. The members may, by a vote of five of the nine board 14 members, remove a member from the position of chairperson or 15 vice chairperson prior to the expiration of his or her term as 16 chairperson or vice chairperson. His or her successor shall be 17 elected to serve for the balance of the removed chairperson's 18 or vice chairperson's term. 19 2. The chairperson shall ensure that records are kept 20 of the proceedings of the board of directors, and is the 21 custodian of all books, documents, and papers filed with the 22 board, the minutes of meetings of the board, and the official 23 seal of the corporation. 24 (b)1. The board of directors shall meet upon the call 25 of the chairperson at least three times per year in Charlotte 26 County or in Lee County. 27 2. A majority of the members of the board of directors 28 constitutes a quorum. Except as otherwise provided in this 29 section, the board of directors may take official action by a 30 majority of the members present at any meeting at which a 31 quorum is present. Members may not vote by proxy. 27 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (9) POWERS AND DUTIES.-- 2 (a) The board of directors shall adopt articles of 3 incorporation and bylaws necessary to govern its activities. 4 The adopted articles of incorporation and bylaws must be 5 approved by the Board of Trustees of the Internal Improvement 6 Trust Fund prior to filing with the Department of State. 7 (b) The board of directors shall review and approve 8 any management plan developed pursuant to ss. 253.034 and 9 259.032 for the management of lands in the preserve prior to 10 the submission of that plan to the Board of Trustees of the 11 Internal Improvement Trust Fund for approval and 12 implementation. 13 (c)1. Except for the constitutional powers of the 14 commission as provided in s. 9, Art. IV of the State 15 Constitution, the board of directors shall have all necessary 16 and proper powers for the exercise of the authority vested in 17 the corporation, including, but not limited to, the power to 18 solicit and accept donations of funds, property, supplies, or 19 services from individuals, foundations, corporations, and 20 other public or private entities for the purposes of this 21 section. All funds received by the corporation shall be 22 deposited into the operating fund authorized under this 23 section unless otherwise directed by the Legislature. 24 2. The board of directors may not increase the number 25 of its members. 26 3. Except as necessary to manage and operate the 27 preserve as a working ranch, the corporation may not purchase, 28 take, receive, lease, take by gift, devise, or bequest, or 29 otherwise acquire, own, hold, improve, use, or otherwise deal 30 in and with real property, or any interest therein, wherever 31 situated. 28 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 4. The corporation may not sell, convey, mortgage, 2 pledge, lease, exchange, transfer, or otherwise dispose of any 3 real property. 4 5. The corporation may not purchase, take, receive, 5 subscribe for, or otherwise acquire, own, hold, vote, use, 6 employ, sell, mortgage, lend, pledge, or otherwise dispose of 7 or otherwise use and deal in and with, shares and other 8 interests in, or obligations of, other domestic or foreign 9 corporations, whether for profit or not for profit, 10 associations, partnerships, or individuals, or direct or 11 indirect obligations of the United States, or any other 12 government, state, territory, government district, 13 municipality, or any instrumentality thereof. 14 6. The corporation may not lend money for its 15 corporate purposes, invest and reinvest its funds, or take and 16 hold real and personal property as security for the payment of 17 funds lent or invested. 18 7. The corporation may not merge with other 19 corporations or other business entities. 20 8. The corporation may not enter into any contract, 21 lease, or other agreement related to the use of ground or 22 surface waters located in, on, or through the preserve without 23 the consent of the Board of Trustees of the Internal 24 Improvement Trust Fund and permits that may be required by the 25 Department of Environmental Protection or the appropriate 26 water management district under chapters 373 and 403. 27 9. The corporation may not grant any easements in, on, 28 or across the preserve. Any easements to be granted for the 29 use of, access to, or ingress and egress across state property 30 within the preserve must be executed by the Board of Trustees 31 of the Internal Improvement Trust Fund as the owners of the 29 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 state property within the preserve. Any easements to be 2 granted for the use of, access to, or ingress and egress 3 across property within the preserve titled in the name of a 4 local government must be granted by the governing body of that 5 local government. 6 10. The corporation may not enter into any contract, 7 lease, or other agreement related to the use and occupancy of 8 the property within the preserve for a period greater than 10 9 years. 10 (c) The members may, with the written approval of the 11 commission and in consultation with the department, designate 12 hunting, fishing, and trapping zones and may establish 13 additional periods when no hunting, fishing, or trapping shall 14 be permitted for reasons of public safety, administration, and 15 the protection and enhancement of nongame habitat and nongame 16 species, as defined under s. 372.001. 17 (d) The corporation shall have the sole and exclusive 18 right to use the words "Babcock Ranch, Inc.," and any seal, 19 emblem, or other insignia adopted by the members. Without the 20 express written authority of the corporation, no person may 21 use the words "Babcock Ranch, Inc.," as the name under which 22 that person conducts or purports to conduct business, for the 23 purpose of trade or advertisement, or in any manner that may 24 suggest any connection with the corporation. 25 (e) The corporation may from time to time appoint 26 advisory committees to further any part of this section. The 27 advisory committees shall be reflective of the expertise 28 necessary for the particular function for which the committee 29 is created, and may include public agencies, private entities, 30 and not-for-profit conservation and agricultural 31 representatives. 30 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 (f) State laws governing the procurement of 2 commodities and services by state agencies, as provided in s. 3 287.057, shall apply to the corporation. 4 (g) The corporation and its subsidiaries must provide 5 equal employment opportunities for all persons regardless of 6 race, color, religion, gender, national origin, age, handicap, 7 or marital status. 8 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING 9 REQUIREMENTS.-- 10 (a) The board of directors may establish and manage an 11 operating fund to address the corporation's unique cash-flow 12 needs and to facilitate the management and operation of the 13 preserve as a working ranch. 14 (b) The board of directors shall provide for an annual 15 financial audit of the corporate accounts and records to be 16 conducted by an independent certified public accountant in 17 accordance with rules adopted by the Auditor General under s. 18 11.45(8). The audit report shall be submitted no later than 3 19 months following the end of the fiscal year to the Auditor 20 General, the President of the Senate, the Speaker of the House 21 of Representatives, and the appropriate substantive and fiscal 22 committees of the Legislature. The Auditor General, the Office 23 of Program Policy Analysis and Government Accountability, and 24 the substantive or fiscal committees of the Legislature to 25 which legislation affecting the Babcock Ranch Preserve may be 26 referred shall have the authority to require and receive from 27 the corporation or from the independent auditor any records 28 relative to the operation of the corporation. 29 (c) Not later than January 15 of each year, Babcock 30 Ranch, Inc., shall submit to the Board of Trustees of the 31 Internal Improvement Trust Fund, the President of the Senate, 31 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 the Speaker of the House of Representatives, the department, 2 and the commission a comprehensive and detailed report of its 3 operations, activities, and accomplishments for the prior 4 year, including information on the status of the ecological, 5 cultural, and financial resources being managed by the 6 corporation, and benefits provided by the preserve to local 7 communities. The report shall also include a section 8 describing the corporation's goals for the current year. 9 (d) The board of directors shall prepare an annual 10 budget with the goal of achieving a financially 11 self-sustaining operation within 15 full fiscal years after 12 the initial acquisition of the Babcock Ranch by the state. The 13 department shall provide necessary assistance, including 14 details as necessary, to the corporation for the timely 15 formulation and submission of an annual legislative budget 16 request for appropriations, if any, to support the 17 administration, operation, and maintenance of the preserve. A 18 request for appropriations shall be submitted to the 19 department and shall be included in the department's annual 20 legislative budget request. Requests for appropriations shall 21 be submitted to the department in time to allow the department 22 to meet the requirements of s. 216.023. The department may not 23 deny a request or refuse to include in its annual legislative 24 budget submission a request from the corporation for an 25 appropriation. 26 (e) Notwithstanding any other provision of law, all 27 moneys received from donations or from management of the 28 preserve shall be retained by the corporation in the operating 29 fund and shall be available, without further appropriation, 30 for the administration, preservation, restoration, operation 31 and maintenance, improvements, repairs, and related expenses 32 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 incurred with respect to properties being managed by the 2 corporation. Except as provided in this section, moneys 3 received by the corporation for the management of the preserve 4 shall not be subject to distribution by the state. Upon 5 assuming management responsibilities for the preserve, the 6 corporation shall optimize the generation of income based on 7 existing marketing conditions to the extent that activities do 8 not unreasonably diminish the long-term environmental, 9 agricultural, scenic, and natural values of the preserve, or 10 the multiple-use and sustained-yield capability of the land. 11 (f) All parties in contract with the corporation and 12 all holders of leases from the corporation which are 13 authorized to occupy, use, or develop properties under the 14 management jurisdiction of the corporation must procure proper 15 insurance as is reasonable or customary to insure against any 16 loss in connection with the properties or with activities 17 authorized in the leases or contracts. 18 (11) COMPREHENSIVE BUSINESS PLAN.-- 19 (a) A comprehensive business plan for the management 20 and operation of the preserve as a working ranch and 21 amendments to the business plan may be developed only with 22 input from the department and the commission, and may be 23 implemented by Babcock Ranch, Inc., only upon expiration of 24 the management agreement attached as Exhibit "E" to that 25 certain agreement for sale and purchase approved by the Board 26 of Trustees of the Internal Improvement Trust Fund on November 27 22, 2005, and by Lee County on November 20, 2005. 28 (b) Any final decision of Babcock Ranch, Inc., to 29 adopt or amend the comprehensive business plan or to approve 30 any activity related to the management of the renewable 31 surface resources of the preserve shall be made in sessions 33 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 that are open to the public. The board of directors shall 2 establish procedures for providing adequate public information 3 and opportunities for public comment on the proposed 4 comprehensive business plan for the preserve or for amendments 5 to the comprehensive business plan adopted by the members. 6 (c) Not less than 2 years prior to the corporation's 7 assuming management and operation responsibilities for the 8 preserve, the corporation, with input from the commission and 9 the department, must begin developing the comprehensive 10 business plan to carry out the purposes of this section. To 11 the extent consistent with these purposes, the comprehensive 12 business plan shall provide for: 13 1. The management and operation of the preserve as a 14 working ranch; 15 2. The protection and preservation of the 16 environmental, agricultural, scientific, scenic, geologic, 17 watershed, fish, wildlife, historic, cultural, and 18 recreational values of the preserve; 19 3. The promotion of high-quality hunting experiences 20 for the public, with emphasis on deer, turkey, and other game 21 species; 22 4. Multiple use and sustained yield of renewable 23 surface resources within the preserve; 24 5. Public use of and access to the preserve for 25 recreation; and 26 6. The use of renewable resources and management 27 alternatives that, to the extent practicable, benefit local 28 communities and small businesses and enhance the coordination 29 of management objectives with those on surrounding public or 30 private lands. The use of renewable resources and management 31 alternatives should provide cost savings to the corporation 34 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 through the exchange of services, including, but not limited 2 to, labor and maintenance of facilities, for resources or 3 services provided to the corporation. 4 (d) On or before the date on which title to the 5 portion of the Babcock Crescent B Ranch being purchased by the 6 state as provided in s. 259.1052 is vested in the Board of 7 Trustees of the Internal Improvement Trust Fund, Babcock Ranch 8 Management, LLC, a limited liability company incorporated in 9 this state, shall provide the commission and the department 10 with the proprietary management plan and business plan in 11 place for the operation of the ranch as of November 22, 2005, 12 the date on which the board of trustees approved the purchase. 13 (12) MANAGEMENT OF PRESERVE; FEES.-- 14 (a) The corporation shall assume all authority 15 provided by this section to manage and operate the preserve as 16 a working ranch upon a determination by the Board of Trustees 17 of the Internal Improvement Trust Fund that the corporation is 18 able to conduct business, and that provision has been made for 19 essential services on the preserve, which, to the maximum 20 extent practicable, shall be made no later than 60 days prior 21 to the termination of the management agreement referenced in 22 paragraph (11)(a). 23 (b) Upon assuming management and operation of the 24 preserve, the corporation shall: 25 1. With input from the commission and the department, 26 manage and operate the preserve and the uses thereof, 27 including, but not limited to, the activities necessary to 28 administer and operate the preserve as a working ranch; the 29 activities necessary for the preservation and development of 30 the land and renewable surface resources of the preserve; the 31 activities necessary for interpretation of the history of the 35 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 preserve on behalf of the public; the activities necessary for 2 the management, public use, and occupancy of facilities and 3 lands within the preserve; and the maintenance, 4 rehabilitation, repair, and improvement of property within the 5 preserve; 6 2. Develop programs and activities relating to the 7 management of the preserve as a working ranch; 8 3. Negotiate directly with and enter into such 9 agreements, leases, contracts, and other arrangements with any 10 person, firm, association, organization, corporation, or 11 governmental entity, including entities of federal, state, and 12 local governments, as are necessary and appropriate to carry 13 out the purposes and activities authorized by this section; 14 4. Establish procedures for entering into lease 15 agreements and other agreements for the use and occupancy of 16 the facilities of the preserve. The procedures shall ensure 17 reasonable competition and set guidelines for determining 18 reasonable fees, terms, and conditions for such agreements; 19 and 20 5. Assess reasonable fees for admission to, use of, 21 and occupancy of the preserve to offset costs of operating the 22 preserve as a working ranch. These fees are independent of 23 fees assessed by the commission for the privilege of hunting, 24 fishing, or pursuing outdoor recreational activities within 25 the preserve, and shall be deposited into the operating fund 26 established by the board of directors under the authority 27 provided under this section. 28 (13) MISCELLANEOUS PROVISIONS.-- 29 (a) Except for the powers of the commissioner provided 30 in this section, and the powers of the commission provided in 31 s. 9, Art. IV of the State Constitution, the preserve shall be 36 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 managed by Babcock Ranch, Inc. 2 (b) Officers and employees of Babcock Ranch, Inc., are 3 private employees. At the request of the board of directors, 4 the commission and the department may provide state employees 5 for the purpose of implementing this section. Any state 6 employees provided to assist the directors in implementing 7 this section for more than 30 days shall be provided on a 8 reimbursable basis. Reimbursement to the commission and the 9 department shall be made from the corporation's operating fund 10 provided under this section and not from any funds 11 appropriated to the corporation by the Legislature. 12 (14) DISSOLUTION OF BABCOCK RANCH, INC.-- 13 (a) The corporation may be dissolved only by an act of 14 the Legislature. 15 (b) Upon dissolution of the corporation, the 16 management responsibilities provided in this section shall 17 revert to the commission and the department unless otherwise 18 provided by the Legislature under the act dissolving Babcock 19 Ranch, Inc. 20 (c) Upon dissolution of the corporation, any cash 21 balances of funds shall revert to the General Revenue fund or 22 such other state fund as may be provided under the act 23 dissolving Babcock Ranch, Inc. 24 Section 10. For the 2006-2007 fiscal year, the sum of 25 $310 million in nonrecurring funds is appropriated from the 26 Florida Forever Trust Fund in the Department of Environmental 27 Protection for the purchase of the Babcock Crescent B Ranch as 28 provided in s. 259.1052, Florida Statutes. 29 Section 11. For the 2006-2007 fiscal year, the sum of 30 $50,000 is appropriated in nonrecurring funds from the 31 Conservation and Recreation Lands Trust Fund in the Department 37 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 of Environmental Protection for the operation and management 2 of the Babcock Ranch Preserve, to be administered by Babcock 3 Ranch, Inc., as provided under s. 259.1053, Florida Statutes. 4 Section 12. Except as otherwise expressly provided in 5 this act, this act shall take effect upon becoming a law. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to land acquisition and 15 management; amending s. 201.15, F.S.; providing 16 that taxes distributed to pay debt service on 17 Preservation 2000 bonds, Florida Forever bonds, 18 and Save Our Everglades bonds shall, under 19 specified circumstances, be collectively 20 distributed on a pro rata basis; correcting a 21 cross-reference; deleting obsolete provisions; 22 amending s. 215.619, F.S.; providing that 23 Everglades restoration bonds are on a parity 24 basis with other land acquisition bonds; 25 amending s. 259.032, F.S.; authorizing the use 26 of funds in the Conservation and Recreation 27 Lands Trust Fund for management, maintenance, 28 and capital improvements for conservation and 29 recreation lands, including lands acquired 30 under the Babcock Crescent B Ranch Florida 31 Forever acquisition; revising requirements for 38 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 the development of an individual land 2 management plan; amending s. 259.105, F.S.; 3 establishing the Legislature's intent that the 4 protection and buffering of military 5 installations is of great importance; directing 6 the Acquisition and Restoration Council to also 7 give priority consideration to the acquistion 8 of lands that protect and buffer military 9 installations; amending s. 259.1051, F.S.; 10 conforming the distribution of funds from the 11 Florida Forever Trust Fund; creating s. 12 259.1052, F.S.; providing for the acquisition 13 of the state's portion of the Babcock Crescent 14 B Ranch; providing a definition; granting 15 authority to the Department of Environmental 16 Protection to distribute funds for the 17 acquisition of the Babcock Crescent B Ranch; 18 creating s. 259.10521, F.S.; authorizing the 19 creation of a citizen support organization; 20 providing duties and responsibilities; creating 21 s. 259.1053, F.S.; creating the Babcock Ranch 22 Preserve Act; providing a short title; 23 providing definitions; requiring the Division 24 of State Lands of the Department of 25 Environmental Protection to perform certain 26 staff duties and functions for Babcock Ranch, 27 Inc.; creating Babcock Ranch, Inc., a 28 not-for-profit corporation to be incorporated 29 in the state; providing that the corporation 30 shall act as an instrumentality of the state 31 for purposes of sovereign immunity under s. 39 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 768.28, F.S.; providing that the corporation 2 shall not be an agency under s. 20.03, F.S.; 3 providing that the corporation is subject to 4 the provisions of chs. 119 and 286, F.S., 5 requiring public records and meetings; 6 providing for the corporation to be governed by 7 the Babcock Board of Directors; providing for 8 the appointment of board members and terms of 9 office; prohibiting any board member from 10 voting on any measure that constitutes a 11 conflict of interest; providing for the board 12 members to serve without compensation, but to 13 receive per diem and travel expenses; 14 authorizing state agencies to provide state 15 employees for purposes of implementing the 16 Babcock Ranch Preserve; providing certain 17 powers and duties of the corporation; providing 18 limitations on the powers and duties of the 19 corporation; providing that the corporation and 20 its subsidiaries must provide equal employment 21 opportunities; providing for the corporation to 22 establish and manage an operating fund; 23 requiring an annual financial audit of the 24 accounts and records of the corporation; 25 requiring annual reports by the corporation to 26 the Board of Trustees of the Internal 27 Improvement Trust Fund, the Legislature, the 28 Department of Agriculture and Consumer 29 Services, and the Fish and Wildlife 30 Conservation Commission; requiring that the 31 corporation prepare an annual budget; 40 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 specifying a goal of self-sustaining operation 2 within a certain period; providing for the 3 corporation to retain donations and other 4 moneys; requiring that the corporation adopt 5 articles of incorporation and bylaws subject to 6 the approval of the Board of Trustees of the 7 Internal Improvement Trust Fund; authorizing 8 the corporation to appoint advisory committees; 9 providing requirements for a comprehensive 10 business plan; specifying the procedures by 11 which the corporation shall assume the 12 management and operation of the Babcock Ranch 13 Preserve; prohibiting the corporation from 14 taking certain actions without the consent of 15 the Board of Trustees of the Internal 16 Improvement Trust Fund; requiring that the 17 corporation be subject to certain state laws 18 and rules governing the procurement of 19 commodities and services; authorizing the 20 corporation to assess fees; providing for 21 management of the Babcock Ranch Preserve until 22 expiration of a current management agreement; 23 providing for reversion of the management and 24 operation responsibilities to certain agencies 25 upon the dissolution of the corporation; 26 providing that the corporation may be dissolved 27 only by an act of the Legislature; providing 28 for reversion of funds upon the dissolution of 29 the corporation; providing appropriations; 30 providing effective dates. 31 41 6:27 PM 04/28/06 s1226.21ep.001
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226 Barcode 971882 1 WHEREAS, the Babcock Ranch comprises the largest 2 private undeveloped single-ownership tract of land in 3 Charlotte County and contains historical evidence in the form 4 of old logging camps and other artifacts that indicate the 5 importance of this land for domesticated livestock production, 6 timber supply, and other bona fide agricultural uses, and 7 WHEREAS, the careful husbandry of the Babcock Ranch, 8 including selective timbering, limited grazing and hunting, 9 and the use of prescribed burning, has preserved a mix of 10 healthy range and timberland with significant species 11 diversity and provides a model for sustainable land 12 development and use, and 13 WHEREAS, the Babcock Ranch must be protected for 14 current and future generations by continued operation as a 15 working ranch under a unique management regime that protects 16 the land and resource values of the property and the 17 surrounding ecosystem while allowing and providing for the 18 ranch to become financially self-sustaining, and 19 WHEREAS, it is in the public's best interest that the 20 management regime for the Babcock Ranch include the 21 development of an operational program for appropriate 22 preservation and development of the ranch's land and 23 resources, and 24 WHEREAS, the public's interest will be served by the 25 creation of a not-for-profit corporation to develop and 26 implement environmentally sensitive, cost-effective, and 27 creative methods to manage and operate a working ranch, NOW, 28 THEREFORE, 29 30 31 42 6:27 PM 04/28/06 s1226.21ep.001