Senate Bill sb1226e1

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  1                      A bill to be entitled

  2         An act relating to land acquisition and

  3         management; amending s. 201.15, F.S.; providing

  4         that taxes distributed to pay debt service on

  5         Preservation 2000 bonds, Florida Forever bonds,

  6         and Save Our Everglades bonds shall, under

  7         specified circumstances, be collectively

  8         distributed on a pro rata basis; correcting a

  9         cross-reference; deleting obsolete provisions;

10         amending s. 215.619, F.S.; providing that

11         Everglades restoration bonds are on a parity

12         basis with other land acquisition bonds;

13         amending s. 259.032, F.S.; authorizing the use

14         of funds in the Conservation and Recreation

15         Lands Trust Fund for management, maintenance,

16         and capital improvements for conservation and

17         recreation lands, including lands acquired

18         under the Babcock Crescent B Ranch Florida

19         Forever acquisition; revising requirements for

20         the development of an individual land

21         management plan; amending s. 259.105, F.S.;

22         establishing the Legislature's intent that the

23         protection and buffering of military

24         installations is of great importance; directing

25         the Acquisition and Restoration Council to also

26         give priority consideration to the acquistion

27         of lands that protect and buffer military

28         installations; amending s. 259.1051, F.S.;

29         conforming the distribution of funds from the

30         Florida Forever Trust Fund; creating s.

31         259.1052, F.S.; providing for the acquisition


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 1         of the state's portion of the Babcock Crescent

 2         B Ranch; providing a definition; granting

 3         authority to the Department of Environmental

 4         Protection to distribute funds for the

 5         acquisition of the Babcock Crescent B Ranch;

 6         creating s. 259.10521, F.S.; authorizing the

 7         creation of a citizen support organization;

 8         providing duties and responsibilities; creating

 9         s. 259.1053, F.S.; creating the Babcock Ranch

10         Preserve Act; providing a short title;

11         providing definitions; requiring the Division

12         of State Lands of the Department of

13         Environmental Protection to perform certain

14         staff duties and functions for Babcock Ranch,

15         Inc.; creating Babcock Ranch, Inc., a

16         not-for-profit corporation to be incorporated

17         in the state; providing that the corporation

18         shall act as an instrumentality of the state

19         for purposes of sovereign immunity under s.

20         768.28, F.S.; providing that the corporation

21         shall not be an agency under s. 20.03, F.S.;

22         providing that the corporation is subject to

23         the provisions of chs. 119 and 286, F.S.,

24         requiring public records and meetings;

25         providing for the corporation to be governed by

26         the Babcock Board of Directors; providing for

27         the appointment of board members and terms of

28         office; prohibiting any board member from

29         voting on any measure that constitutes a

30         conflict of interest; providing for the board

31         members to serve without compensation, but to


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 1         receive per diem and travel expenses;

 2         authorizing state agencies to provide state

 3         employees for purposes of implementing the

 4         Babcock Ranch Preserve; providing certain

 5         powers and duties of the corporation; providing

 6         limitations on the powers and duties of the

 7         corporation; providing that the corporation and

 8         its subsidiaries must provide equal employment

 9         opportunities; providing for the corporation to

10         establish and manage an operating fund;

11         requiring an annual financial audit of the

12         accounts and records of the corporation;

13         requiring annual reports by the corporation to

14         the Board of Trustees of the Internal

15         Improvement Trust Fund, the Legislature, the

16         Department of Agriculture and Consumer

17         Services, and the Fish and Wildlife

18         Conservation Commission; requiring that the

19         corporation prepare an annual budget;

20         specifying a goal of self-sustaining operation

21         within a certain period; providing for the

22         corporation to retain donations and other

23         moneys; requiring that the corporation adopt

24         articles of incorporation and bylaws subject to

25         the approval of the Board of Trustees of the

26         Internal Improvement Trust Fund; authorizing

27         the corporation to appoint advisory committees;

28         providing requirements for a comprehensive

29         business plan; specifying the procedures by

30         which the corporation shall assume the

31         management and operation of the Babcock Ranch


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 1         Preserve; prohibiting the corporation from

 2         taking certain actions without the consent of

 3         the Board of Trustees of the Internal

 4         Improvement Trust Fund; requiring that the

 5         corporation be subject to certain state laws

 6         and rules governing the procurement of

 7         commodities and services; authorizing the

 8         corporation to assess fees; providing for

 9         management of the Babcock Ranch Preserve until

10         expiration of a current management agreement;

11         providing for reversion of the management and

12         operation responsibilities to certain agencies

13         upon the dissolution of the corporation;

14         providing that the corporation may be dissolved

15         only by an act of the Legislature; providing

16         for reversion of funds upon the dissolution of

17         the corporation; providing appropriations;

18         providing effective dates.

19  

20         WHEREAS, the Babcock Ranch comprises the largest

21  private undeveloped single-ownership tract of land in

22  Charlotte County and contains historical evidence in the form

23  of old logging camps and other artifacts that indicate the

24  importance of this land for domesticated livestock production,

25  timber supply, and other bona fide agricultural uses, and

26         WHEREAS, the careful husbandry of the Babcock Ranch,

27  including selective timbering, limited grazing and hunting,

28  and the use of prescribed burning, has preserved a mix of

29  healthy range and timberland with significant species

30  diversity and provides a model for sustainable land

31  development and use, and


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 1         WHEREAS, the Babcock Ranch must be protected for

 2  current and future generations by continued operation as a

 3  working ranch under a unique management regime that protects

 4  the land and resource values of the property and the

 5  surrounding ecosystem while allowing and providing for the

 6  ranch to become financially self-sustaining, and

 7         WHEREAS, it is in the public's best interest that the

 8  management regime for the Babcock Ranch include the

 9  development of an operational program for appropriate

10  preservation and development of the ranch's land and

11  resources, and

12         WHEREAS, the public's interest will be served by the

13  creation of a not-for-profit corporation to develop and

14  implement environmentally sensitive, cost-effective, and

15  creative methods to manage and operate a working ranch, NOW,

16  THEREFORE,

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (b) of subsection (1) and

21  subsections (11) and (13) of section 201.15, Florida Statutes,

22  are amended to read:

23         201.15  Distribution of taxes collected.--All taxes

24  collected under this chapter shall be distributed as follows

25  and shall be subject to the service charge imposed in s.

26  215.20(1), except that such service charge shall not be levied

27  against any portion of taxes pledged to debt service on bonds

28  to the extent that the amount of the service charge is

29  required to pay any amounts relating to the bonds:

30  

31  


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 1         (1)  Sixty-two and sixty-three hundredths percent of

 2  the remaining taxes collected under this chapter shall be used

 3  for the following purposes:

 4         (b)  Moneys The remainder of the moneys distributed

 5  under this subsection, after the required payment under

 6  paragraph (a), shall be paid into the State Treasury to the

 7  credit of the Save Our Everglades Trust Fund in amounts

 8  necessary to pay debt service, provide reserves, and pay

 9  rebate obligations and other amounts due with respect to bonds

10  issued under s. 215.619. Taxes distributed under paragraph (a)

11  and this paragraph must be collectively distributed on a pro

12  rata basis when the available moneys under this subsection are

13  not sufficient to cover the amounts required under paragraph

14  (a) and this paragraph.

15         (11)  From the moneys specified in paragraphs (1)(e)

16  paragraphs (1)(d) and (2)(a) and prior to deposit of any

17  moneys into the General Revenue Fund, $30 million shall be

18  paid into the State Treasury to the credit of the Ecosystem

19  Management and Restoration Trust Fund in fiscal year 2000-2001

20  and each fiscal year thereafter, to be used for the

21  preservation and repair of the state's beaches as provided in

22  ss. 161.091-161.212, and $2 million shall be paid into the

23  State Treasury to the credit of the Marine Resources

24  Conservation Trust Fund to be used for marine mammal care as

25  provided in s. 370.0603(3).

26         (13)  The distribution of proceeds deposited into the

27  Water Management Lands Trust Fund and the Conservation and

28  Recreation Lands Trust Fund, pursuant to subsections (4) and

29  (5), shall not be used for land acquisition, but may be used

30  for preacquisition costs associated with land purchases.  The

31  Legislature intends that the Florida Forever program supplant


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 1  the acquisition programs formerly authorized under ss. 259.032

 2  and 373.59. Prior to the 2005 Regular Session of the

 3  Legislature, the Acquisition and Restoration Council shall

 4  review and make recommendations to the Legislature concerning

 5  the need to repeal this provision.  Based on these

 6  recommendations, the Legislature shall review the need to

 7  repeal this provision during the 2005 Regular Session.

 8         Section 2.  Effective July 1, 2007, paragraph (b) of

 9  subsection (1), and subsections (11) and (13) of section

10  201.15, Florida Statutes, as amended by section 1 of chapter

11  2005-92, Laws of Florida, are amended to read:

12         201.15  Distribution of taxes collected.--All taxes

13  collected under this chapter shall be distributed as follows

14  and shall be subject to the service charge imposed in s.

15  215.20(1), except that such service charge shall not be levied

16  against any portion of taxes pledged to debt service on bonds

17  to the extent that the amount of the service charge is

18  required to pay any amounts relating to the bonds:

19         (1)  Sixty-two and sixty-three hundredths percent of

20  the remaining taxes collected under this chapter shall be used

21  for the following purposes:

22         (b)  Moneys The remainder of the moneys distributed

23  under this subsection, after the required payment under

24  paragraph (a), shall be paid into the State Treasury to the

25  credit of the Save Our Everglades Trust Fund in amounts

26  necessary to pay debt service, provide reserves, and pay

27  rebate obligations and other amounts due with respect to bonds

28  issued under s. 215.619. Taxes distributed under paragraph (a)

29  and this paragraph must be collectively distributed on a pro

30  rata basis when the available moneys under this subsection are

31  


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 1  not sufficient to cover the amounts required under paragraph

 2  (a) and this paragraph.

 3         (11)  From the moneys specified in paragraphs (1)(e)

 4  paragraphs (1)(d) and (2)(a) and prior to deposit of any

 5  moneys into the General Revenue Fund, $30 million shall be

 6  paid into the State Treasury to the credit of the Ecosystem

 7  Management and Restoration Trust Fund in fiscal year 2000-2001

 8  and each fiscal year thereafter, to be used for the

 9  preservation and repair of the state's beaches as provided in

10  ss. 161.091-161.212, and $2 million shall be paid into the

11  State Treasury to the credit of the Marine Resources

12  Conservation Trust Fund to be used for marine mammal care as

13  provided in s. 370.0603(3).

14         (13)  The distribution of proceeds deposited into the

15  Water Management Lands Trust Fund and the Conservation and

16  Recreation Lands Trust Fund, pursuant to subsections (4) and

17  (5), shall not be used for land acquisition, but may be used

18  for preacquisition costs associated with land purchases. The

19  Legislature intends that the Florida Forever program supplant

20  the acquisition programs formerly authorized under ss. 259.032

21  and 373.59. Prior to the 2005 Regular Session of the

22  Legislature, the Acquisition and Restoration Council shall

23  review and make recommendations to the Legislature concerning

24  the need to repeal this provision. Based on these

25  recommendations, the Legislature shall review the need to

26  repeal this provision during the 2005 Regular Session.

27         Section 3.  Subsection (3) of section 215.619, Florida

28  Statutes, is amended to read:

29         215.619  Bonds for Everglades restoration.--

30         (3)  Everglades restoration bonds are payable from, and

31  secured by a first lien on, taxes distributable under s.


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 1  201.15(1)(b) and do not constitute a general obligation of, or

 2  a pledge of the full faith and credit of, the state.

 3  Everglades restoration bonds shall be secured on a parity

 4  basis with are junior and subordinate to bonds secured by

 5  moneys distributable under s. 201.15(1)(a).

 6         Section 4.  Paragraph (b) of subsection (2), paragraphs

 7  (e) and (f) of subsection (9), paragraph (d) of subsection

 8  (10), and paragraph (b) of subsection (11) of section 259.032,

 9  Florida Statutes, are amended to read:

10         259.032  Conservation and Recreation Lands Trust Fund;

11  purpose.--

12         (2)

13         (b)  There shall annually be transferred from the

14  Conservation and Recreation Lands Trust Fund to the Land

15  Acquisition Trust Fund that amount, not to exceed $20 million

16  annually, as shall be necessary to pay the debt service on, or

17  fund debt service reserve funds, rebate obligations, or other

18  amounts with respect to bonds issued pursuant to s. 375.051 to

19  acquire lands on the established priority list developed

20  pursuant to ss. 259.101(4) and 259.105 this section; however,

21  no moneys transferred to the Land Acquisition Trust Fund

22  pursuant to this paragraph, or earnings thereon, shall be used

23  or made available to pay debt service on the Save Our Coast

24  revenue bonds. Amounts transferred annually from the

25  Conservation and Recreation Lands Trust Fund to the Land

26  Acquisition Trust Fund pursuant to this paragraph shall have

27  the highest priority over other payments or transfers from the

28  Conservation and Recreation Lands Trust Fund, and no other

29  payments or transfers shall be made from the Conservation and

30  Recreation Lands Trust Fund until such transfers to the Land

31  Acquisition Trust Fund have been made. Effective July 1, 2001,


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 1  Moneys in the Conservation and Recreation Lands Trust Fund

 2  also shall be used to manage lands and to pay for related

 3  costs, activities, and functions pursuant to the provisions of

 4  this section.

 5         (9)  All lands managed under this chapter and s.

 6  253.034 shall be:

 7         (e)  Concurrent with the approval of the acquisition

 8  contract pursuant to s. 259.041(3)(c) for any interest in

 9  lands except those lands being acquired under the provisions

10  of s. 259.1052, the board of trustees shall designate an

11  agency or agencies to manage such lands. The board and shall

12  evaluate and amend, as appropriate, the management policy

13  statement for the project as provided by s. 259.035,

14  consistent with the purposes for which the lands are acquired.

15  For any fee simple acquisition of a parcel which is or will be

16  leased back for agricultural purposes, or any acquisition of a

17  less-than-fee interest in land that is or will be used for

18  agricultural purposes, the Board of Trustees of the Internal

19  Improvement Trust Fund shall first consider having a soil and

20  water conservation district, created pursuant to chapter 582,

21  manage and monitor such interests.

22         (f)  State agencies designated to manage lands acquired

23  under this chapter except those lands acquired under s.

24  259.1052 may contract with local governments and soil and

25  water conservation districts to assist in management

26  activities, including the responsibility of being the lead

27  land manager.  Such land management contracts may include a

28  provision for the transfer of management funding to the local

29  government or soil and water conservation district from the

30  Conservation and Recreation Lands Trust Fund in an amount

31  adequate for the local government or soil and water


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 1  conservation district to perform its contractual land

 2  management responsibilities and proportionate to its

 3  responsibilities, and which otherwise would have been expended

 4  by the state agency to manage the property.

 5         (10)

 6         (d)1.  For each project for which lands are acquired

 7  after July 1, 1995, an individual management plan shall be

 8  adopted and in place no later than 1 year after the essential

 9  parcel or parcels identified in the priority list developed

10  pursuant to ss. 259.101(4) and 259.105 in the annual

11  Conservation and Recreation Lands report prepared pursuant to

12  s. 259.035(2)(a) have been acquired. Beginning in fiscal year

13  1998-1999, The Department of Environmental Protection shall

14  distribute only 75 percent of the acquisition funds to which a

15  budget entity or water management district would otherwise be

16  entitled from the Preservation 2000 Trust Fund to any budget

17  entity or any water management district that has more than

18  one-third of its management plans overdue.

19         2.  The requirements of subparagraph 1. do not apply to

20  the individual management plan for the Babcock Crescent B

21  Ranch being acquired pursuant to s. 259.1052. The management

22  plan for the ranch shall be adopted and in place no later than

23  2 years following the date of acquisition by the state.

24         (11)

25         (b)  An amount up to 1.5 percent of the cumulative

26  total of funds ever deposited into the Florida Preservation

27  2000 Trust Fund and the Florida Forever Trust Fund shall be

28  made available for the purposes of management, maintenance,

29  and capital improvements not eligible for funding pursuant to

30  s. 11(e), Art. VII of the State Constitution, and for

31  associated contractual services, for lands acquired pursuant


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 1  to this section, s. 259.101, s. 259.105, s. 259.1052, or

 2  previous programs for the acquisition of lands for

 3  conservation and recreation, including state forests, to which

 4  title is vested in the board of trustees and other

 5  conservation and recreation lands managed by a state agency.

 6  Of this amount, $250,000 shall be transferred annually to the

 7  Plant Industry Trust Fund within the Department of Agriculture

 8  and Consumer Services for the purpose of implementing the

 9  Endangered or Threatened Native Flora Conservation Grants

10  Program pursuant to s. 581.185(11). Each agency with

11  management responsibilities shall annually request from the

12  Legislature funds sufficient to fulfill such responsibilities.

13  For the purposes of this paragraph, capital improvements shall

14  include, but need not be limited to, perimeter fencing, signs,

15  firelanes, access roads and trails, and minimal public

16  accommodations, such as primitive campsites, garbage

17  receptacles, and toilets. Any equipment purchased with funds

18  provided pursuant to this paragraph may be used for the

19  purposes described in this paragraph on any conservation and

20  recreation lands managed by a state agency.

21         Section 5.  Subsections (2), and (10) of section

22  259.105, Florida Statutes, are amended to read:

23         259.105  The Florida Forever Act.--

24         (2)(a)  The Legislature finds and declares that:

25         1.  The Preservation 2000 program provided tremendous

26  financial resources for purchasing environmentally significant

27  lands to protect those lands from imminent development,

28  thereby assuring present and future generations access to

29  important open spaces and recreation and conservation lands.

30         2.  The continued alteration and development of

31  Florida's natural areas to accommodate the state's rapidly


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 1  growing population have contributed to the degradation of

 2  water resources, the fragmentation and destruction of wildlife

 3  habitats, the loss of outdoor recreation space, and the

 4  diminishment of wetlands, forests, and public beaches.

 5         3.  The potential development of Florida's remaining

 6  natural areas and escalation of land values require a

 7  continuation of government efforts to restore, bring under

 8  public protection, or acquire lands and water areas to

 9  preserve the state's invaluable quality of life.

10         4.  Florida's groundwater, surface waters, and springs

11  are under tremendous pressure due to population growth and

12  economic expansion and require special protection and

13  restoration efforts.  To ensure that sufficient quantities of

14  water are available to meet the current and future needs of

15  the natural systems and citizens of the state, and assist in

16  achieving the planning goals of the department and the water

17  management districts, water resource development projects on

18  public lands, where compatible with the resource values of and

19  management objectives for the lands, are appropriate.

20         5.  The needs of urban Florida for high-quality outdoor

21  recreational opportunities, greenways, trails, and open space

22  have not been fully met by previous acquisition programs.

23  Through such programs as the Florida Communities Trust and the

24  Florida Recreation Development Assistance Program, the state

25  shall place additional emphasis on acquiring, protecting,

26  preserving, and restoring open space, greenways, and

27  recreation properties within urban areas where pristine

28  natural communities or water bodies no longer exist because of

29  the proximity of developed property.

30         6.  Many of Florida's unique ecosystems, such as the

31  Florida Everglades, are facing ecological collapse due to


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 1  Florida's burgeoning population. To preserve these valuable

 2  ecosystems for future generations, parcels of land must be

 3  acquired to facilitate ecosystem restoration.

 4         7.  Access to public lands to support a broad range of

 5  outdoor recreational opportunities and the development of

 6  necessary infrastructure, where compatible with the resource

 7  values of and management objectives for such lands, promotes

 8  an appreciation for Florida's natural assets and improves the

 9  quality of life.

10         8.  Acquisition of lands, in fee simple or in any

11  lesser interest, should be based on a comprehensive assessment

12  of Florida's natural resources and planned so as to protect

13  the integrity of ecological systems and provide multiple

14  benefits, including preservation of fish and wildlife habitat,

15  recreation space for urban as well as rural areas, and water

16  recharge.

17         9.  The state has embraced performance-based program

18  budgeting as a tool to evaluate the achievements of publicly

19  funded agencies, build in accountability, and reward those

20  agencies which are able to consistently achieve quantifiable

21  goals.  While previous and existing state environmental

22  programs have achieved varying degrees of success, few of

23  these programs can be evaluated as to the extent of their

24  achievements, primarily because performance measures,

25  standards, outcomes, and goals were not established at the

26  outset.  Therefore, the Florida Forever program shall be

27  developed and implemented in the context of measurable state

28  goals and objectives.

29         10.  It is the intent of the Legislature to change the

30  focus and direction of the state's major land acquisition

31  programs and to extend funding and bonding capabilities, so


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 1  that future generations may enjoy the natural resources of

 2  Florida.

 3         (b)  The Legislature recognizes that acquisition is

 4  only one way to achieve the aforementioned goals and

 5  encourages the development of creative partnerships between

 6  governmental agencies and private landowners.  Land protection

 7  agreements and similar tools should be used, where

 8  appropriate, to bring environmentally sensitive tracts under

 9  an acceptable level of protection at a lower financial cost to

10  the public, and to provide private landowners with the

11  opportunity to enjoy and benefit from their property.

12         (c)  Public agencies or other entities that receive

13  funds under this section are encouraged to better coordinate

14  their expenditures so that project acquisitions, when combined

15  with acquisitions under Preservation 2000, Save Our Rivers,

16  the Florida Communities Trust, and other public land

17  acquisition programs, will form more complete patterns of

18  protection for natural areas and functioning ecosystems, to

19  better accomplish the intent of this section.

20         (d)  A long-term financial commitment to managing

21  Florida's public lands must accompany any new land acquisition

22  program to ensure that the natural resource values of such

23  lands are protected, that the public has the opportunity to

24  enjoy the lands to their fullest potential, and that the state

25  achieves the full benefits of its investment of public

26  dollars.

27         (e)  With limited dollars available for restoration and

28  acquisition of land and water areas and for providing

29  long-term management and capital improvements, a competitive

30  selection process can select those projects best able to meet

31  


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 1  the goals of Florida Forever and maximize the efficient use of

 2  the program's funding.

 3         (f)  To ensure success and provide accountability to

 4  the citizens of this state, it is the intent of the

 5  Legislature that any bond proceeds used pursuant to this

 6  section be used to implement the goals and objectives

 7  recommended by the Florida Forever Advisory Council as

 8  approved by the Board of Trustees of the Internal Improvement

 9  Trust Fund and the Legislature.

10         (g)  As it has with previous land acquisition programs,

11  the Legislature recognizes the desires of the citizens of this

12  state to prosper through economic development and to preserve

13  the natural areas and recreational open space of Florida.  The

14  Legislature further recognizes the urgency of restoring the

15  natural functions of public lands or water bodies before they

16  are degraded to a point where recovery may never occur, yet

17  acknowledges the difficulty of ensuring adequate funding for

18  restoration efforts in light of other equally critical

19  financial needs of the state.  It is the Legislature's desire

20  and intent to fund the implementation of this section and to

21  do so in a fiscally responsible manner, by issuing bonds to be

22  repaid with documentary stamp tax revenue.

23         (h)  The Legislature further recognizes the important

24  role that many of our state and federal military installations

25  contribute to protecting and preserving Florida's natural

26  resources as well as our economic prosperity.  Where the

27  state's land conservation plans overlap with the military's

28  need to protect lands, waters, and habitat to ensure the

29  sustainability of military missions, it is the Legislature's

30  intent that agencies receiving funds under this program

31  


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 1  cooperate with our military partners to protect and buffer

 2  military installations and military airspace, by:

 3         1.  Protecting habitat on non-military land for any

 4  species found on military land that is designated as

 5  threatened or endangered, or is a candidate for such

 6  designation under the Endangered Species Act or any Florida

 7  statute.

 8         2.  Protecting areas underlying low-level military air

 9  corridors or operating areas, and

10         3.  Protecting areas identified as clear zones,

11  accident potential zones, and air installation compatible use

12  buffer zones delineated by our military partners.

13         (10)  The Acquisition and Restoration Council shall

14  give increased priority to those projects for which matching

15  funds are available and to project elements previously

16  identified on an acquisition list pursuant to this section

17  that can be acquired at 80 percent or less of appraised value.

18  The council shall also give increased priority to those

19  projects where the state's land conservation plans overlap

20  with the military's need to protect lands, water, and habitat

21  to ensure the sustainability of military missions including:

22         (a)  Protecting habitat on non-military land for any

23  species found on military land that is designated as

24  threatened or endangered, or is a candidate for such

25  designation under the Endangered Species Act or any Florida

26  statute.

27         (b)  Protecting areas underlying low-level military air

28  corridors or operating areas, and

29         (c)  Protecting areas identified as clear zones,

30  accident potential zones, and air installation compatible use

31  buffer zones delineated by our military partners, and for


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    CS for CS for SB 1226                          First Engrossed



 1  which federal or other funding is available to assist with the

 2  project.

 3         Section 6.  Subsections (1) and (2) of section

 4  259.1051, Florida Statutes, are amended to read:

 5         259.1051  Florida Forever Trust Fund.--

 6         (1)  There is created the Florida Forever Trust Fund to

 7  carry out the purposes of ss. 259.032, 259.105, 259.1052, and

 8  375.031. The Florida Forever Trust Fund shall be held and

 9  administered by the Department of Environmental Protection.

10  Proceeds from the sale of bonds, except proceeds of refunding

11  bonds, issued under s. 215.618 and payable from moneys

12  transferred to the Land Acquisition Trust Fund under s.

13  201.15(1)(a), not to exceed $3 billion, must be deposited into

14  this trust fund to be distributed and used as provided in s.

15  259.105(3). The bond resolution adopted by the governing board

16  of the Division of Bond Finance of the State Board of

17  Administration may provide for additional provisions that

18  govern the disbursement of the bond proceeds.

19         (2)  The Department of Environmental Protection shall

20  distribute revenues from the Florida Forever Trust Fund only

21  to programs of state agencies or local governments as set out

22  in s. 259.105(3) or as provided in s. 259.1052. Excluding

23  distributions to the Save Our Everglades Trust Fund and

24  distributions for the acquisition of the Babcock Crescent B

25  Ranch Florida Forever acquisition as provided in s. 259.1052,

26  the distributions shall be spent by the recipient within 90

27  days after the date on which the Department of Environmental

28  Protection initiates the transfer.

29         Section 7.  Section 259.1052, Florida Statutes, is

30  created to read:

31  


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    CS for CS for SB 1226                          First Engrossed



 1         259.1052  Babcock Crescent B Ranch Florida Forever

 2  acquisition; conditions for purchase.--

 3         (1)  The acquisition of the state's portion of the

 4  Babcock Crescent B Ranch by the Board of Trustees of the

 5  Internal Improvement Trust Fund is a conservation acquisition

 6  under the Florida Forever program created in s. 259.105, with

 7  a goal of sustaining the ecological and economic integrity of

 8  the property being acquired while allowing the business of the

 9  ranch to operate and prosper.

10         (2)  The Babcock Crescent B Ranch constitutes a unique

11  land mass that has significant scientific, cultural,

12  historical, recreational, ecological, wildlife, fisheries, and

13  productive values. The property is part of a potential

14  greenway of undeveloped land extending from Lake Okeechobee to

15  the east and Charlotte Harbor to the west. The natural beauty

16  and abundant resources of the ranch provide numerous public

17  recreational opportunities such as hiking, fishing, camping,

18  horseback riding, and hunting.

19         (3)  The Legislature recognizes that the acquisition of

20  the state's portion of the Babcock Crescent B Ranch represents

21  a unique opportunity to assist in preserving the largest

22  private and undeveloped single-ownership tract of land in

23  Charlotte County. The Legislature further recognizes Lee

24  County as a partner in the acquisition of the ranch.

25         (4)  This section authorizes the acquisition of the

26  state's portion of the Babcock Crescent B Ranch in order to

27  protect and preserve for future generations the scientific,

28  scenic, historic, and natural values of the ranch, including

29  rivers and ecosystems; to protect and preserve the

30  archaeological, geological, and cultural resources of the

31  


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    CS for CS for SB 1226                          First Engrossed



 1  ranch; to provide for species recovery; and to provide

 2  opportunities for public recreation.

 3         (5)  The Fish and Wildlife Conservation Commission and

 4  the Department of Agriculture and Consumer Services shall be

 5  the lead managing agencies responsible for the management of

 6  Babcock Crescent B Ranch.

 7         (6)  In addition to distributions authorized under s.

 8  259.105(3), the Department of Environmental Protection is

 9  authorized to distribute $310 million in revenues from the

10  Florida Forever Trust Fund. This distribution shall represent

11  payment in full for the portion of the Babcock Crescent B

12  Ranch to be acquired by the state under this section.

13         (7)  As used in this section, the term "state's portion

14  of the Babcock Crescent B Ranch" comprises those lands to be

15  conveyed by special warranty deed to the Board of Trustees of

16  the Internal Improvement Trust Fund under the provisions of

17  the agreement for sale and purchase executed by the Board of

18  Trustees of the Internal Improvement Trust Fund, the Fish and

19  Wildlife Conservation Commission, the Department of

20  Agriculture and Consumer Services, and the participating local

21  government, as purchaser, and MSKP, III, a Florida

22  corporation, as seller.

23         Section 8.  Section 259.10521, Florida Statutes, is

24  created to read:

25         259.10521  Citizen support organization; use of

26  property; audit.--

27         (1)  DEFINITIONS.--For the purpose of this section, the

28  "Citizen support organization" means an organization that is:

29         (a)  A Florida corporation not for profit incorporated

30  under the provisions of chapter 617 and approved by the

31  Department of State;


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    CS for CS for SB 1226                          First Engrossed



 1         (b)  Organized and operated to conduct programs and

 2  activities in the best interest of the state; raise funds;

 3  request and receive grants, gifts, and bequests of money;

 4  acquire, receive, hold, invest, and administer, in its own

 5  name, securities, funds, objects of value, or other property,

 6  real or personal; and make expenditures to or for the direct

 7  or indirect benefit of the Babcock Crescent B Ranch;

 8         (c)  Determined by the Fish and Wildlife Conservation

 9  Commission and the Division of Forestry within the Department

10  of Agriculture and Consumer Services to be consistent with the

11  goals of the state in acquiring the ranch and in the best

12  interests of the state; and

13         (d)  Approved in writing by the Fish and Wildlife

14  Conservation Commission and the Division of Forestry to

15  operate for the direct or indirect benefit of the ranch and in

16  the best interest of the state. Such approval shall be given

17  in a letter of agreement from the Fish and Wildlife

18  Conservation Commission and the Division of Forestry. Only one

19  citizen support organization may be created to operate for the

20  direct or indirect benefit of the Babcock Crescent B Ranch.

21         (2)  USE OF PROPERTY.--

22         (a)  The Fish and Wildlife Conservation Commission and

23  the Division of Forestry may permit, without charge,

24  appropriate use of fixed property and facilities of the

25  Babcock Crescent B Ranch by a citizen support organization,

26  subject to the provisions of this section. Such use must be

27  directly in keeping with the approved purposes of the citizen

28  support organization, and may not be made at times or places

29  that would unreasonably interfere with recreational

30  opportunities for the general public.

31  


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    CS for CS for SB 1226                          First Engrossed



 1         (b)  The Fish and Wildlife Conservation Commission and

 2  the Division of Forestry may prescribe by rule any condition

 3  with which the citizen support organization shall comply in

 4  order to use fixed property or facilities of the ranch.

 5         (c)  The Fish and Wildlife Conservation Commission and

 6  the Division of Forestry shall not permit the use of any fixed

 7  property or facilities of the ranch by a citizen support

 8  organization that does not provide equal membership and

 9  employment opportunities to all persons regardless of race,

10  color, religion, sex, age, or national origin.

11         (3)  PARTNERSHIPS.--

12         (a)  The Legislature recognizes that the Babcock

13  Crescent B Ranch will need a variety of facilities to enhance

14  its public use and potential. Such facilities include, but are

15  not limited to, improved access, camping areas, picnic

16  shelters, management facilities, and environmental education

17  facilities.  The need for such facilities may exceed the

18  ability of the state to provide such facilities in a timely

19  manner with moneys available.  The Legislature finds it to be

20  in the public interest to provide incentives for partnerships

21  with private organizations with the intent of producing

22  additional revenue to help enhance the use and potential of

23  the ranch.

24         (b)  The Legislature may annually appropriate funds

25  from the Land Acquisition Trust Fund for use only as state

26  matching funds, in conjunction with private donations in

27  aggregates of at least $60,000, matched by $40,000 of state

28  funds, for a total minimum project amount of $100,000 for

29  capital improvement facility development at the ranch at

30  either individually designated locations or for priority

31  projects within the overall ranch system. The citizen support


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    CS for CS for SB 1226                          First Engrossed



 1  organization may acquire private donations pursuant to this

 2  section, and matching state funds for approved projects may be

 3  provided in accordance with this subsection. The Fish and

 4  Wildlife Conservation Commission and the Division of Forestry

 5  are authorized to properly recognize and honor a private donor

 6  by placing a plaque or other appropriate designation noting

 7  the contribution on project facilities or by naming project

 8  facilities after the person or organization that provided

 9  matching funds. The Fish and Wildlife Conservation Commission

10  and the Division of Forestry are authorized to adopt necessary

11  administrative rules to carry out the purposes of this

12  subsection.

13         Section 9.  Section 259.1053, Florida Statutes, is

14  created to read:

15         259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;

16  creation; membership; organization; meetings.--

17         (1)  SHORT TITLE.--This section may be cited as the

18  "Babcock Ranch Preserve Act."

19         (2)  DEFINITIONS.--As used in this section, the term:

20         (a)  "Babcock Ranch Preserve" and "preserve" mean the

21  lands and facilities acquired in the purchase of the Babcock

22  Crescent B Ranch, as provided in s. 259.1052.

23         (b)  "Babcock Ranch, Inc.," and "corporation" mean the

24  not-for-profit corporation created under this section to

25  operate and manage the Babcock Ranch Preserve as a working

26  ranch.

27         (c)  "Board of directors" means the governing board of

28  the not-for-profit corporation created under this section.

29         (d)  "Commission" means the Fish and Wildlife

30  Conservation Commission.

31  


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    CS for CS for SB 1226                          First Engrossed



 1         (e)  "Commissioner" means the Commissioner of

 2  Agriculture.

 3         (f)  "Department" means the Department of Agriculture

 4  and Consumer Services.

 5         (g)  "Executive director" means the Executive Director

 6  of the Fish and Wildlife Conservation Commission.

 7         (h)  "Financially self-sustaining" means having

 8  management and operation expenditures not more than the

 9  revenues collected from fees and other receipts for resource

10  use and development, and from interest and invested funds.

11         (i)  "Management and operating expenditures" means

12  expenses of the corporation, including, but not limited to,

13  salaries and benefits of officers and staff, administrative

14  and operating expenses, costs of improvements to and

15  maintenance of lands and facilities of the Babcock Ranch

16  Preserve, and other similar expenses. Such expenditures shall

17  be made from revenues generated from the operation of the

18  ranch and not from funds appropriated by the Legislature

19  except as provided in this section.

20         (j)  "Member" means a person appointed to the board of

21  directors of the not-for-profit corporation created under this

22  section.

23         (k)  "Multiple use" means the management of all of the

24  renewable surface resources of the Babcock Ranch Preserve to

25  best meet the needs of the public, including the use of the

26  land for some or all of the renewable surface resources or

27  related services over areas large enough to allow for periodic

28  adjustments in use to conform to the changing needs and

29  conditions of the preserve while recognizing that a portion of

30  the land will be used for some of the renewable surface

31  resources available on that land. The goal of multiple use is


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    CS for CS for SB 1226                          First Engrossed



 1  the harmonious and coordinated management of the renewable

 2  surface resources without impairing the productivity of the

 3  land and considering the relative value of the renewable

 4  surface resources, and not necessarily a combination of uses

 5  to provide the greatest monetary return or the greatest unit

 6  output.

 7         (l)  "Sustained yield of the renewable surface

 8  resources" means the achievement and maintenance of a high

 9  level of annual or regular periodic output of the various

10  renewable surface resources of the preserve without impairing

11  the productivity of the land.

12         (3)  CREATION OF BABCOCK RANCH PRESERVE.--

13         (a)  Upon the date of acquisition of the Babcock

14  Crescent B Ranch, there is created the Babcock Ranch Preserve,

15  which shall be managed in accordance with the purposes and

16  requirements of this section.

17         (b)  The preserve is established to protect and

18  preserve the environmental, agricultural, scientific, scenic,

19  geologic, watershed, fish, wildlife, historic, cultural, and

20  recreational values of the preserve, and to provide for the

21  multiple use and sustained yield of the renewable surface

22  resources within the preserve consistent with this section.

23         (c)  Babcock Ranch, Inc., and its officers and

24  employees shall participate in the management of the Babcock

25  Ranch Preserve in an advisory capacity only until the

26  management agreement referenced in paragraph (11)(a) is

27  terminated or expires.

28         (d)  Nothing in this section shall preclude Babcock

29  Ranch, Inc., prior to assuming management and operation of the

30  preserve and thereafter, from allowing the use of common

31  varieties of mineral materials such as sand, stone, and gravel


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    CS for CS for SB 1226                          First Engrossed



 1  for construction and maintenance of roads and facilities

 2  within the preserve.

 3         (e)  Nothing in this section shall be construed as

 4  affecting the constitutional responsibilities of the

 5  commission in the exercise of its regulatory and executive

 6  power with respect to wild animal life and freshwater aquatic

 7  life, including the regulation of hunting, fishing, and

 8  trapping within the preserve.

 9         (f)  Nothing in this section shall be construed to

10  interfere with or prevent the ability of Babcock Ranch, Inc.,

11  to implement agricultural practices authorized by the

12  agricultural land use designations established in the local

13  comprehensive plans of either Charlotte or Lee Counties as

14  those plans apply to the Babcock Ranch Preserve.

15         (g)  To clarify the responsibilities of the lead

16  managing agencies and the not-for-profit corporation created

17  under this section, the lead managing agencies are directed to

18  establish a range of resource protection values for the

19  Babcock Ranch Preserve, and the corporation shall establish

20  operational parameters to conduct the business of the ranch

21  within the range of values.  The corporation shall establish a

22  range of operational values for conducting the business of the

23  ranch, and the lead managing agencies providing ground support

24  to the ranch outside of each agency's jurisdictional

25  responsibilities shall establish management parameters within

26  that range of values.

27         (h)  Nothing in this section shall preclude the

28  maintenance and use of roads and trails or the relocation of

29  roads in existence on the effective date of this section, or

30  the construction, maintenance, and use of new trails, or any

31  motorized access necessary for the administration of the land


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    CS for CS for SB 1226                          First Engrossed



 1  contained within the preserve, including motorized access

 2  necessary for emergencies involving the health or safety of

 3  persons within the preserve.

 4         (i)  The Division of State Lands of the Department of

 5  Environmental Protection shall perform staff duties and

 6  functions for Babcock Ranch, Inc., the not-for-profit

 7  corporation created under this section, until such time as the

 8  corporation organizes to elect officers, file articles of

 9  incorporation, and exercise its powers and duties.

10         (4)  CREATION OF BABCOCK RANCH, INC.--

11         (a)  Subject to filing articles of incorporation, there

12  is created a not-for-profit corporation, to be known as

13  Babcock Ranch, Inc., which shall be registered, incorporated,

14  organized, and operated in compliance with the provisions of

15  chapter 617, and which shall not be a unit or entity of state

16  government. For purposes of sovereign immunity, the

17  corporation shall be a corporation primarily acting as an

18  instrumentality of the state but otherwise shall not be an

19  agency within the meaning of s. 20.03(11) or a unit or entity

20  of state government.

21         (b)  The corporation is organized on a nonstock basis

22  and shall operate in a manner consistent with its public

23  purpose and in the best interest of the state.

24         (c)  Meetings and records of the corporation, its

25  directors, advisory committees, or similar groups created by

26  the corporation, including any not-for-profit subsidiaries,

27  are subject to the public records provisions of chapter 119

28  and the public meetings and records provisions of s. 286.011.

29         (5)  APPLICABILITY OF SECTION.--In any conflict between

30  a provision of this section and a provision of chapter 617,

31  the provisions of this section shall prevail.


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    CS for CS for SB 1226                          First Engrossed



 1         (6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is

 2  to provide management and administrative services for the

 3  preserve, to establish and implement management policies that

 4  will achieve the purposes and requirements of this section, to

 5  cooperate with state agencies to further the purposes of the

 6  preserve, and to establish the administrative and accounting

 7  procedures for the operation of the corporation.

 8         (7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The

 9  corporation shall be governed by a nine-member board of

10  directors who shall be appointed by the Board of Trustees of

11  the Internal Improvement Trust Fund; the executive director of

12  the commission; the Commissioner of Agriculture; the Babcock

13  Florida Company, a corporation registered to do business in

14  the state, or its successors or assigns; the Charlotte County

15  Board of County Commissioners, and the Lee County Board of

16  County Commissioners in the following manner:

17         (a)1.  The Board of Trustees of the Internal

18  Improvement Trust Fund shall appoint four members. One

19  appointee shall have expertise in domesticated livestock

20  management, production, and marketing, including range

21  management and livestock business management. One appointee

22  shall have expertise in the management of game and nongame

23  wildlife and fish populations, including hunting, fishing, and

24  other recreational activities. One appointee shall have

25  expertise in the sustainable management of forest lands for

26  commodity purposes. One appointee shall have expertise in

27  financial management, budget and program analysis, and small

28  business operations.

29         2.  The executive director shall appoint one member

30  with expertise in hunting; fishing; nongame species

31  


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    CS for CS for SB 1226                          First Engrossed



 1  management; or wildlife habitat management, restoration, and

 2  conservation.

 3         3.  The commissioner shall appoint one member with

 4  expertise in agricultural operations or foresty management.

 5         4.  The Babcock Florida Company, or its successors or

 6  assigns, shall appoint one member with expertise in the

 7  activities and management of the Babcock Ranch on the date of

 8  acquisition of the ranch by the state as provided under s.

 9  259.1052. This appointee shall serve on the board of directors

10  only until the termination of or expiration of the management

11  agreement attached as Exhibit "E" to that certain Agreement

12  for Sale and Purchase approved by the Board of Trustees of the

13  Internal Improvement Trust Fund on November 22, 2005, and by

14  Lee County, a political subdivision of the state, on November

15  20, 2005. Upon termination of or expiration of the management

16  agreement, the person serving as the head of the property

17  owners' association, if any, required to be created under the

18  agreement for sale and purchase shall serve as a member of the

19  board of directors of Babcock Ranch, Inc.

20         5.  The Charlotte County Board of County Commissioners

21  shall appoint one member who shall be a resident of the county

22  and who shall be active in an organization concerned with the

23  activities of the ranch.

24         6.  The Lee County Board of County Commissioners shall

25  appoint one member who shall be a resident of the county and

26  who shall have experience in land conservation and management.

27  This appointee, or a successor appointee, shall serve as a

28  member of the board of directors so long as the county

29  participates in the state land management plan.

30  

31  


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    CS for CS for SB 1226                          First Engrossed



 1         (b)  All members of the board of directors shall be

 2  appointed no later 90 days following the initial acquisition

 3  of the Babcock Ranch by the state, and:

 4         1.  Four members initially appointed by the Board of

 5  Trustees of the Internal Improvement Trust Fund shall each

 6  serve a 4-year term.

 7         2.  The remaining initial five appointees shall each

 8  serve a 2-year term.

 9         3.  Each member appointed thereafter shall serve a

10  4-year term.

11         4.  A vacancy shall be filled in the same manner in

12  which the original appointment was made, and a member

13  appointed to fill a vacancy shall serve for the remainder of

14  that term.

15         5.  No member may serve more than 8 years in

16  consecutive terms.

17         (c)  With the exception of the Babcock Florida Company

18  appointee, no member may be an officer, director, or

19  shareholder in any entity that contracts with or receives

20  funds from the corporation or its subsidiaries.

21         (d)  No member shall vote in an official capacity upon

22  any measure that would inure to his or her special private

23  gain or loss, that he or she knows would inure to the special

24  private gain or loss of any principal by whom he or she is

25  retained or to the parent organization or subsidiary of a

26  principal by which he or she is retained, or that he or she

27  knows would inure to the special private gain or loss of a

28  relative or business associate of the member. Such member

29  shall, prior to the vote being taken, publicly state the

30  nature of his or her interest in the matter from which he or

31  she is abstaining from voting and, no later than 15 days


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    CS for CS for SB 1226                          First Engrossed



 1  following the date the vote occurs, shall disclose the nature

 2  of his or her interest as a public record in a memorandum

 3  filed with the person responsible for recording the minutes of

 4  the meeting, who shall incorporate the memorandum in the

 5  minutes of the meeting.

 6         (e)  Each member of the board of directors is

 7  accountable for the proper performance of the duties of

 8  office, and each member owes a fiduciary duty to the people of

 9  the state to ensure that funds provided in furtherance of this

10  section are disbursed and used as prescribed by law and

11  contract. Any official appointing a member may remove that

12  member for malfeasance, misfeasance, neglect of duty,

13  incompetence, permanent inability to perform official duties,

14  unexcused absence from three consecutive meetings of the

15  board, arrest or indictment for a crime that is a felony or

16  misdemeanor involving theft or a crime of dishonesty, or

17  pleading nolo contendere to, or being found guilty of, any

18  crime.

19         (f)  Each member of the board of directors shall serve

20  without compensation, but shall receive travel and per diem

21  expenses as provided in s. 112.061 while in the performance of

22  his or her duties.

23         (g)  No appointee shall be an employee of any

24  governmental entity.

25         (8)  ORGANIZATION; MEETINGS.--

26         (a)1.  The board of directors shall annually elect a

27  chairperson and a vice chairperson from among the board's

28  members.  The members may, by a vote of five of the nine board

29  members, remove a member from the position of chairperson or

30  vice chairperson prior to the expiration of his or her term as

31  chairperson or vice chairperson. His or her successor shall be


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    CS for CS for SB 1226                          First Engrossed



 1  elected to serve for the balance of the removed chairperson's

 2  or vice chairperson's term.

 3         2.  The chairperson shall ensure that records are kept

 4  of the proceedings of the board of directors, and is the

 5  custodian of all books, documents, and papers filed with the

 6  board, the minutes of meetings of the board, and the official

 7  seal of the corporation.

 8         (b)1.  The board of directors shall meet upon the call

 9  of the chairperson at least three times per year in Charlotte

10  County or in Lee County.

11         2.  A majority of the members of the board of directors

12  constitutes a quorum.  Except as otherwise provided in this

13  section, the board of directors may take official action by a

14  majority of the members present at any meeting at which a

15  quorum is present.  Members may not vote by proxy.

16         (9)  POWERS AND DUTIES.--

17         (a)  The board of directors shall adopt articles of

18  incorporation and bylaws necessary to govern its activities.

19  The adopted articles of incorporation and bylaws must be

20  approved by the Board of Trustees of the Internal Improvement

21  Trust Fund prior to filing with the Department of State.

22         (b)  The board of directors shall review and approve

23  any management plan developed pursuant to ss. 253.034 and

24  259.032 for the management of lands in the preserve prior to

25  the submission of that plan to the Board of Trustees of the

26  Internal Improvement Trust Fund for approval and

27  implementation.

28         (c)1.  Except for the constitutional powers of the

29  commission as provided in s. 9, Art. IV of the State

30  Constitution, the board of directors shall have all necessary

31  and proper powers for the exercise of the authority vested in


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    CS for CS for SB 1226                          First Engrossed



 1  the corporation, including, but not limited to, the power to

 2  solicit and accept donations of funds, property, supplies, or

 3  services from individuals, foundations, corporations, and

 4  other public or private entities for the purposes of this

 5  section. All funds received by the corporation shall be

 6  deposited into the operating fund authorized under this

 7  section unless otherwise directed by the Legislature.

 8         2.  The board of directors may not increase the number

 9  of its members.

10         3.  Except as necessary to manage and operate the

11  preserve as a working ranch, the corporation may not purchase,

12  take, receive, lease, take by gift, devise, or bequest, or

13  otherwise acquire, own, hold, improve, use, or otherwise deal

14  in and with real property, or any interest therein, wherever

15  situated.

16         4.  The corporation may not sell, convey, mortgage,

17  pledge, lease, exchange, transfer, or otherwise dispose of any

18  real property.

19         5.  The corporation may not purchase, take, receive,

20  subscribe for, or otherwise acquire, own, hold, vote, use,

21  employ, sell, mortgage, lend, pledge, or otherwise dispose of

22  or otherwise use and deal in and with, shares and other

23  interests in, or obligations of, other domestic or foreign

24  corporations, whether for profit or not for profit,

25  associations, partnerships, or individuals, or direct or

26  indirect obligations of the United States, or any other

27  government, state, territory, government district,

28  municipality, or any instrumentality thereof.

29         6.  The corporation may not lend money for its

30  corporate purposes, invest and reinvest its funds, or take and

31  


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    CS for CS for SB 1226                          First Engrossed



 1  hold real and personal property as security for the payment of

 2  funds lent or invested.

 3         7.  The corporation may not merge with other

 4  corporations or other business entities.

 5         8.  The corporation may not enter into any contract,

 6  lease, or other agreement related to the use of ground or

 7  surface waters located in, on, or through the preserve without

 8  the consent of the Board of Trustees of the Internal

 9  Improvement Trust Fund and permits that may be required by the

10  Department of Environmental Protection or the appropriate

11  water management district under chapters 373 and 403.

12         9.  The corporation may not grant any easements in, on,

13  or across the preserve.  Any easements to be granted for the

14  use of, access to, or ingress and egress across state property

15  within the preserve must be executed by the Board of Trustees

16  of the Internal Improvement Trust Fund as the owners of the

17  state property within the preserve.  Any easements to be

18  granted for the use of, access to, or ingress and egress

19  across property within the preserve titled in the name of a

20  local government must be granted by the governing body of that

21  local government.

22         10.  The corporation may not enter into any contract,

23  lease, or other agreement related to the use and occupancy of

24  the property within the preserve for a period greater than 10

25  years.

26         (c)  The members may, with the written approval of the

27  commission and in consultation with the department, designate

28  hunting, fishing, and trapping zones and may establish

29  additional periods when no hunting, fishing, or trapping shall

30  be permitted for reasons of public safety, administration, and

31  


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    CS for CS for SB 1226                          First Engrossed



 1  the protection and enhancement of nongame habitat and nongame

 2  species, as defined under s. 372.001.

 3         (d)  The corporation shall have the sole and exclusive

 4  right to use the words "Babcock Ranch, Inc.," and any seal,

 5  emblem, or other insignia adopted by the members. Without the

 6  express written authority of the corporation, no person may

 7  use the words "Babcock Ranch, Inc.," as the name under which

 8  that person conducts or purports to conduct business, for the

 9  purpose of trade or advertisement, or in any manner that may

10  suggest any connection with the corporation.

11         (e)  The corporation may from time to time appoint

12  advisory committees to further any part of this section. The

13  advisory committees shall be reflective of the expertise

14  necessary for the particular function for which the committee

15  is created, and may include public agencies, private entities,

16  and not-for-profit conservation and agricultural

17  representatives.

18         (f)  State laws governing the procurement of

19  commodities and services by state agencies, as provided in s.

20  287.057, shall apply to the corporation.

21         (g)  The corporation and its subsidiaries must provide

22  equal employment opportunities for all persons regardless of

23  race, color, religion, gender, national origin, age, handicap,

24  or marital status.

25         (10)  OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING

26  REQUIREMENTS.--

27         (a)  The board of directors may establish and manage an

28  operating fund to address the corporation's unique cash-flow

29  needs and to facilitate the management and operation of the

30  preserve as a working ranch.

31  


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    CS for CS for SB 1226                          First Engrossed



 1         (b)  The board of directors shall provide for an annual

 2  financial audit of the corporate accounts and records to be

 3  conducted by an independent certified public accountant in

 4  accordance with rules adopted by the Auditor General under s.

 5  11.45(8). The audit report shall be submitted no later than 3

 6  months following the end of the fiscal year to the Auditor

 7  General, the President of the Senate, the Speaker of the House

 8  of Representatives, and the appropriate substantive and fiscal

 9  committees of the Legislature. The Auditor General, the Office

10  of Program Policy Analysis and Government Accountability, and

11  the substantive or fiscal committees of the Legislature to

12  which legislation affecting the Babcock Ranch Preserve may be

13  referred shall have the authority to require and receive from

14  the corporation or from the independent auditor any records

15  relative to the operation of the corporation.

16         (c)  Not later than January 15 of each year, Babcock

17  Ranch, Inc., shall submit to the Board of Trustees of the

18  Internal Improvement Trust Fund, the President of the Senate,

19  the Speaker of the House of Representatives, the department,

20  and the commission a comprehensive and detailed report of its

21  operations, activities, and accomplishments for the prior

22  year, including information on the status of the ecological,

23  cultural, and financial resources being managed by the

24  corporation, and benefits provided by the preserve to local

25  communities. The report shall also include a section

26  describing the corporation's goals for the current year.

27         (d)  The board of directors shall prepare an annual

28  budget with the goal of achieving a financially

29  self-sustaining operation within 15 full fiscal years after

30  the initial acquisition of the Babcock Ranch by the state. The

31  department shall provide necessary assistance, including


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    CS for CS for SB 1226                          First Engrossed



 1  details as necessary, to the corporation for the timely

 2  formulation and submission of an annual legislative budget

 3  request for appropriations, if any, to support the

 4  administration, operation, and maintenance of the preserve. A

 5  request for appropriations shall be submitted to the

 6  department and shall be included in the department's annual

 7  legislative budget request. Requests for appropriations shall

 8  be submitted to the department in time to allow the department

 9  to meet the requirements of s. 216.023. The department may not

10  deny a request or refuse to include in its annual legislative

11  budget submission a request from the corporation for an

12  appropriation.

13         (e)  Notwithstanding any other provision of law, all

14  moneys received from donations or from management of the

15  preserve shall be retained by the corporation in the operating

16  fund and shall be available, without further appropriation,

17  for the administration, preservation, restoration, operation

18  and maintenance, improvements, repairs, and related expenses

19  incurred with respect to properties being managed by the

20  corporation. Except as provided in this section, moneys

21  received by the corporation for the management of the preserve

22  shall not be subject to distribution by the state. Upon

23  assuming management responsibilities for the preserve, the

24  corporation shall optimize the generation of income based on

25  existing marketing conditions to the extent that activities do

26  not unreasonably diminish the long-term environmental,

27  agricultural, scenic, and natural values of the preserve, or

28  the multiple-use and sustained-yield capability of the land.

29         (f)  All parties in contract with the corporation and

30  all holders of leases from the corporation which are

31  authorized to occupy, use, or develop properties under the


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    CS for CS for SB 1226                          First Engrossed



 1  management jurisdiction of the corporation must procure proper

 2  insurance as is reasonable or customary to insure against any

 3  loss in connection with the properties or with activities

 4  authorized in the leases or contracts.

 5         (11)  COMPREHENSIVE BUSINESS PLAN.--

 6         (a)  A comprehensive business plan for the management

 7  and operation of the preserve as a working ranch and

 8  amendments to the business plan may be developed only with

 9  input from the department and the commission, and may be

10  implemented by Babcock Ranch, Inc., only upon expiration of

11  the management agreement attached as Exhibit "E" to that

12  certain agreement for sale and purchase approved by the Board

13  of Trustees of the Internal Improvement Trust Fund on November

14  22, 2005, and by Lee County on November 20, 2005.

15         (b)  Any final decision of Babcock Ranch, Inc., to

16  adopt or amend the comprehensive business plan or to approve

17  any activity related to the management of the renewable

18  surface resources of the preserve shall be made in sessions

19  that are open to the public. The board of directors shall

20  establish procedures for providing adequate public information

21  and opportunities for public comment on the proposed

22  comprehensive business plan for the preserve or for amendments

23  to the comprehensive business plan adopted by the members.

24         (c)  Not less than 2 years prior to the corporation's

25  assuming management and operation responsibilities for the

26  preserve, the corporation, with input from the commission and

27  the department, must begin developing the comprehensive

28  business plan to carry out the purposes of this section. To

29  the extent consistent with these purposes, the comprehensive

30  business plan shall provide for:

31  


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    CS for CS for SB 1226                          First Engrossed



 1         1.  The management and operation of the preserve as a

 2  working ranch;

 3         2.  The protection and preservation of the

 4  environmental, agricultural, scientific, scenic, geologic,

 5  watershed, fish, wildlife, historic, cultural, and

 6  recreational values of the preserve;

 7         3.  The promotion of high-quality hunting experiences

 8  for the public, with emphasis on deer, turkey, and other game

 9  species;

10         4.  Multiple use and sustained yield of renewable

11  surface resources within the preserve;

12         5.  Public use of and access to the preserve for

13  recreation; and

14         6.  The use of renewable resources and management

15  alternatives that, to the extent practicable, benefit local

16  communities and small businesses and enhance the coordination

17  of management objectives with those on surrounding public or

18  private lands. The use of renewable resources and management

19  alternatives should provide cost savings to the corporation

20  through the exchange of services, including, but not limited

21  to, labor and maintenance of facilities, for resources or

22  services provided to the corporation.

23         (d)  On or before the date on which title to the

24  portion of the Babcock Crescent B Ranch being purchased by the

25  state as provided in s. 259.1052 is vested in the Board of

26  Trustees of the Internal Improvement Trust Fund, Babcock Ranch

27  Management, LLC, a limited liability company incorporated in

28  this state, shall provide the commission and the department

29  with the proprietary management plan and business plan in

30  place for the operation of the ranch as of November 22, 2005,

31  the date on which the board of trustees approved the purchase.


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    CS for CS for SB 1226                          First Engrossed



 1         (12)  MANAGEMENT OF PRESERVE; FEES.--

 2         (a)  The corporation shall assume all authority

 3  provided by this section to manage and operate the preserve as

 4  a working ranch upon a determination by the Board of Trustees

 5  of the Internal Improvement Trust Fund that the corporation is

 6  able to conduct business, and that provision has been made for

 7  essential services on the preserve, which, to the maximum

 8  extent practicable, shall be made no later than 60 days prior

 9  to the termination of the management agreement referenced in

10  paragraph (11)(a).

11         (b)  Upon assuming management and operation of the

12  preserve, the corporation shall:

13         1.  With input from the commission and the department,

14  manage and operate the preserve and the uses thereof,

15  including, but not limited to, the activities necessary to

16  administer and operate the preserve as a working ranch; the

17  activities necessary for the preservation and development of

18  the land and renewable surface resources of the preserve; the

19  activities necessary for interpretation of the history of the

20  preserve on behalf of the public; the activities necessary for

21  the management, public use, and occupancy of facilities and

22  lands within the preserve; and the maintenance,

23  rehabilitation, repair, and improvement of property within the

24  preserve;

25         2.  Develop programs and activities relating to the

26  management of the preserve as a working ranch;

27         3.  Negotiate directly with and enter into such

28  agreements, leases, contracts, and other arrangements with any

29  person, firm, association, organization, corporation, or

30  governmental entity, including entities of federal, state, and

31  


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    CS for CS for SB 1226                          First Engrossed



 1  local governments, as are necessary and appropriate to carry

 2  out the purposes and activities authorized by this section;

 3         4.  Establish procedures for entering into lease

 4  agreements and other agreements for the use and occupancy of

 5  the facilities of the preserve.  The procedures shall ensure

 6  reasonable competition and set guidelines for determining

 7  reasonable fees, terms, and conditions for such agreements;

 8  and

 9         5.  Assess reasonable fees for admission to, use of,

10  and occupancy of the preserve to offset costs of operating the

11  preserve as a working ranch. These fees are independent of

12  fees assessed by the commission for the privilege of hunting,

13  fishing, or pursuing outdoor recreational activities within

14  the preserve, and shall be deposited into the operating fund

15  established by the board of directors under the authority

16  provided under this section.

17         (13)  MISCELLANEOUS PROVISIONS.--

18         (a)  Except for the powers of the commissioner provided

19  in this section, and the powers of the commission provided in

20  s. 9, Art. IV of the State Constitution, the preserve shall be

21  managed by Babcock Ranch, Inc.

22         (b)  Officers and employees of Babcock Ranch, Inc., are

23  private employees. At the request of the board of directors,

24  the commission and the department may provide state employees

25  for the purpose of implementing this section.  Any state

26  employees provided to assist the directors in implementing

27  this section for more than 30 days shall be provided on a

28  reimbursable basis. Reimbursement to the commission and the

29  department shall be made from the corporation's operating fund

30  provided under this section and not from any funds

31  appropriated to the corporation by the Legislature.


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    CS for CS for SB 1226                          First Engrossed



 1         (14)  DISSOLUTION OF BABCOCK RANCH, INC.--

 2         (a)  The corporation may be dissolved only by an act of

 3  the Legislature.

 4         (b)  Upon dissolution of the corporation, the

 5  management responsibilities provided in this section shall

 6  revert to the commission and the department unless otherwise

 7  provided by the Legislature under the act dissolving Babcock

 8  Ranch, Inc.

 9         (c)  Upon dissolution of the corporation, any cash

10  balances of funds shall revert to the General Revenue fund or

11  such other state fund as may be provided under the act

12  dissolving Babcock Ranch, Inc.

13         Section 10.  For the 2006-2007 fiscal year, the sum of

14  $310 million in nonrecurring funds is appropriated from the

15  Florida Forever Trust Fund in the Department of Environmental

16  Protection for the purchase of the Babcock Crescent B Ranch as

17  provided in s. 259.1052, Florida Statutes.

18         Section 11.  For the 2006-2007 fiscal year, the sum of

19  $50,000 is appropriated in nonrecurring funds from the

20  Conservation and Recreation Lands Trust Fund in the Department

21  of Environmental Protection for the operation and management

22  of the Babcock Ranch Preserve, to be administered by Babcock

23  Ranch, Inc., as provided under s. 259.1053, Florida Statutes.

24         Section 12.  Except as otherwise expressly provided in

25  this act, this act shall take effect upon becoming a law.

26  

27  

28  

29  

30  

31  


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