Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1347, 2nd Eng.
                        Barcode 190274
                            CHAMBER ACTION
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       05/05/2006 05:38 PM         .                    
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11  Senators Dockery and Bennett 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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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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. The management of the preserve 14 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 shall be as provided in s. 259.106, notwithstanding any other 2 provision of law to the contrary. 3 (2) The Legislature recognizes that the acquisition of 4 the state's portion of the Babcock Crescent B Ranch represents 5 a unique opportunity to assist in preserving the largest 6 private and undeveloped single-ownership tract of land in 7 Charlotte County. The Legislature further recognizes Lee 8 County as a partner in the acquisition of the ranch. 9 (3) This section authorizes the acquisition of the 10 state's portion of the Babcock Crescent B Ranch in order to 11 protect and preserve for future generations the scientific, 12 scenic, historic, and natural values of the ranch, including 13 rivers and ecosystems; to protect and preserve the 14 archaeological, geological, and cultural resources of the 15 ranch; to provide for species recovery; and to provide 16 opportunities for public recreation. 17 (4) The Fish and Wildlife Conservation Commission and 18 the Department of Agriculture and Consumer Services shall be 19 the lead managing agencies responsible for the management of 20 Babcock Crescent B Ranch. 21 (5) In addition to distributions authorized under s. 22 259.105(3), the Department of Environmental Protection is 23 authorized to distribute $310 million in revenues from the 24 Florida Forever Trust Fund. This distribution shall represent 25 payment in full for the portion of the Babcock Crescent B 26 Ranch to be acquired by the state under this section. 27 (6) As used in this section, the term "state's portion 28 of the Babcock Crescent B Ranch" comprises those lands to be 29 conveyed by special warranty deed to the Board of Trustees of 30 the Internal Improvement Trust Fund under the provisions of 31 the agreement for sale and purchase executed by the Board of 15 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 Trustees of the Internal Improvement Trust Fund, the Fish and 2 Wildlife Conservation Commission, the Department of 3 Agriculture and Consumer Services, and the participating local 4 government, as purchaser, and MSKP, III, a Florida 5 corporation, as seller. 6 Section 8. Section 259.10521, Florida Statutes, is 7 created to read: 8 259.10521 Citizen support organization; use of 9 property; audit.-- 10 (1) DEFINITIONS.--For the purpose of this section, the 11 "Citizen support organization" means an organization that is: 12 (a) A Florida corporation not for profit incorporated 13 under the provisions of chapter 617 and approved by the 14 Department of State; 15 (b) Organized and operated to conduct programs and 16 activities in the best interest of the state; raise funds; 17 request and receive grants, gifts, and bequests of money; 18 acquire, receive, hold, invest, and administer, in its own 19 name, securities, funds, objects of value, or other property, 20 real or personal; and make expenditures to or for the direct 21 or indirect benefit of the Babcock Crescent B Ranch; 22 (c) Determined by the Fish and Wildlife Conservation 23 Commission and the Division of Forestry within the Department 24 of Agriculture and Consumer Services, and approved by the 25 Board of Trustees of the Internal Improvement Trust Fund, to 26 be consistent with the goals of the state in acquiring the 27 ranch and in the best interests of the state; and 28 (d) Approved in writing by the Fish and Wildlife 29 Conservation Commission and the Division of Forestry to 30 operate for the direct or indirect benefit of the ranch and in 31 the best interest of the state. Such approval shall be given 16 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 in a letter of agreement from the Fish and Wildlife 2 Conservation Commission and the Division of Forestry. Only one 3 citizen support organization may be created to operate for the 4 direct or indirect benefit of the Babcock Crescent B Ranch. 5 (2) USE OF PROPERTY.-- 6 (a) The Fish and Wildlife Conservation Commission and 7 the Division of Forestry may permit, without charge, 8 appropriate use of fixed property and facilities of the 9 Babcock Crescent B Ranch by a citizen support organization, 10 subject to the provisions of this section. Such use must be 11 directly in keeping with the approved purposes of the citizen 12 support organization, and may not be made at times or places 13 that would unreasonably interfere with recreational 14 opportunities for the general public. 15 (b) The Fish and Wildlife Conservation Commission and 16 the Division of Forestry may prescribe by rule any condition 17 with which the citizen support organization shall comply in 18 order to use fixed property or facilities of the ranch. 19 (c) The Fish and Wildlife Conservation Commission and 20 the Division of Forestry shall not permit the use of any fixed 21 property or facilities of the ranch by a citizen support 22 organization that does not provide equal membership and 23 employment opportunities to all persons regardless of race, 24 color, religion, sex, age, or national origin. 25 (3) PARTNERSHIPS.-- 26 (a) The Legislature recognizes that the Babcock 27 Crescent B Ranch will need a variety of facilities to enhance 28 its public use and potential. Such facilities include, but are 29 not limited to, improved access, camping areas, picnic 30 shelters, management facilities, and environmental education 31 facilities. The need for such facilities may exceed the 17 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 ability of the state to provide such facilities in a timely 2 manner with moneys available. The Legislature finds it to be 3 in the public interest to provide incentives for partnerships 4 with private organizations with the intent of producing 5 additional revenue to help enhance the use and potential of 6 the ranch. 7 (b) The Legislature may annually appropriate funds 8 from the Land Acquisition Trust Fund for use only as state 9 matching funds, in conjunction with private donations in 10 aggregates of at least $60,000, matched by $40,000 of state 11 funds, for a total minimum project amount of $100,000 for 12 capital improvement facility development at the ranch at 13 either individually designated locations or for priority 14 projects within the overall ranch system. The citizen support 15 organization may acquire private donations pursuant to this 16 section, and matching state funds for approved projects may be 17 provided in accordance with this subsection. The Fish and 18 Wildlife Conservation Commission and the Division of Forestry 19 are authorized to properly recognize and honor a private donor 20 by placing a plaque or other appropriate designation noting 21 the contribution on project facilities or by naming project 22 facilities after the person or organization that provided 23 matching funds. The Fish and Wildlife Conservation Commission 24 and the Division of Forestry are authorized to adopt necessary 25 administrative rules to carry out the purposes of this 26 subsection. 27 Section 9. Section 259.106, Florida Statutes, is 28 created to read: 29 259.106 Babcock Ranch Preserve; Babcock Ranch, Inc.; 30 creation; membership; organization; meetings.-- 31 (1) SHORT TITLE.--This section may be cited as the 18 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 "Babcock Ranch Preserve Act." 2 (2) DEFINITIONS.--As used in this section, the term: 3 (a) "Babcock Ranch Preserve" and "preserve" mean the 4 lands and facilities acquired in the purchase of the Babcock 5 Crescent B Ranch. 6 (b) "Babcock Ranch, Inc.," and "corporation" mean the 7 not-for-profit corporation created under this section to 8 operate and manage the Babcock Ranch Preserve as a working 9 ranch. 10 (c) "Board of directors" means the governing board of 11 the not-for-profit corporation created under this section. 12 (d) "Commission" means the Fish and Wildlife 13 Conservation Commission. 14 (e) "Commissioner" means the Commissioner of 15 Agriculture. 16 (f) "Department" means the Department of Agriculture 17 and Consumer Services. 18 (g) "Financially self-sustaining" means having 19 management and operation expenditures not more than the 20 revenues collected from fees and other receipts for resource 21 use and development, and from interest and invested funds. 22 (h) "Management and operating expenditures" means 23 expenses of the corporation, including, but not limited to, 24 salaries and benefits of officers and staff, administrative 25 and operating expenses, costs of improvements to and 26 maintenance of lands and facilities of the Babcock Ranch 27 Preserve, and other similar expenses. Such expenditures shall 28 be made from revenues generated from the operation of the 29 ranch and not from funds appropriated by the Legislature 30 except as provided in this section. 31 (i) "Member" means a person appointed to the board of 19 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 directors of the not-for-profit corporation created under this 2 section. 3 (j) "Multiple use" means the management of all of the 4 renewable surface resources of the Babcock Ranch Preserve to 5 best meet the needs of the public, including the use of the 6 land for some or all of the renewable surface resources or 7 related services over areas large enough to allow for periodic 8 adjustments in use to conform to the changing needs and 9 conditions of the preserve while recognizing that a portion of 10 the land will be used for some of the renewable surface 11 resources available on that land. The goal of multiple use is 12 the harmonious and coordinated management of the renewable 13 surface resources without impairing the productivity of the 14 land and considering the relative value of the renewable 15 surface resources, and not necessarily a combination of uses 16 to provide the greatest monetary return or the greatest unit 17 output. 18 (k) "Sustained yield of the renewable surface 19 resources" means the achievement and maintenance of a high 20 level of annual or regular periodic output of the various 21 renewable surface resources of the preserve without impairing 22 the productivity of the land. 23 (1) "Working ranch" means those activities necessary 24 to accomplish the goals of multiple use and sustained yield of 25 the renewable surface resources, considering historical 26 agricultural uses of the property and other compatible 27 agricultural uses of the property such as native horticulture 28 activities, all as may be approved in the land management plan 29 adopted under ss. 253.034 and 259.032. 30 (3) CREATION OF BABCOCK RANCH PRESERVE.-- 31 (a) Upon the date of acquisition of the Babcock 20 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 Crescent B Ranch, there is created the Babcock Ranch Preserve, 2 which shall be managed in accordance with the purposes and 3 requirements of this section. 4 (b) The preserve is established to protect and 5 preserve the environmental, agricultural, scientific, scenic, 6 geologic, watershed, fish, wildlife, historic, cultural, and 7 recreational values of the preserve, and to provide for the 8 multiple use and sustained yield of the renewable surface 9 resources within the preserve consistent with this section. 10 (c) Babcock Ranch, Inc., and its officers and 11 employees shall participate in the management of the Babcock 12 Ranch Preserve in an advisory capacity only until the 13 management agreement referenced in paragraph (11)(a) is 14 terminated or expires. 15 (d) Nothing in this section shall preclude Babcock 16 Ranch, Inc., prior to assuming management and operation of the 17 preserve and thereafter, from allowing the use of common 18 varieties of mineral materials such as sand, stone, and gravel 19 for construction and maintenance of roads and facilities 20 within the preserve. 21 (e) Nothing in this section shall be construed as 22 affecting the constitutional responsibilities of the 23 commission in the exercise of its regulatory and executive 24 power with respect to wild animal life and freshwater aquatic 25 life, including the regulation of hunting, fishing, and 26 trapping within the preserve. 27 (f) Nothing in this section shall be construed to 28 interfere with or prevent the ability of Babcock Ranch, Inc., 29 to implement agricultural practices authorized by the 30 agricultural land use designations established in the local 31 comprehensive plans of either Charlotte or Lee Counties as 21 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 those plans apply to the Babcock Ranch Preserve, so long as 2 such plans are not in conflict with this section or general 3 law. 4 (g) Nothing in this section shall preclude the 5 maintenance and use of roads and trails or the relocation of 6 roads in existence on the effective date of this section, or 7 the construction, maintenance, and use of new trails, or any 8 motorized access necessary for the administration of the land 9 contained within the preserve, including motorized access 10 necessary for emergencies involving the health or safety of 11 persons within the preserve. 12 (4) CREATION OF BABCOCK RANCH, INC.-- 13 (a) Subject to filing articles of incorporation, there 14 is created a not-for-profit corporation, to be known as 15 Babcock Ranch, Inc., which shall be registered, incorporated, 16 organized, and operated in compliance with the provisions of 17 chapter 617, and which shall not be a unit or entity of state 18 government. For purposes of sovereign immunity, the 19 corporation shall be a corporation primarily acting as an 20 instrumentality of the state but otherwise shall not be an 21 agency within the meaning of s. 20.03(11) or a unit or entity 22 of state government. 23 (b) The corporation is organized on a nonstock basis 24 and shall operate in a manner consistent with its public 25 purpose and in the best interest of the state. 26 (c) Meetings and records of the corporation, its 27 directors, advisory committees, or similar groups created by 28 the corporation, including any not-for-profit subsidiaries, 29 are subject to the public records provisions of chapter 119 30 and the public meetings and records provisions of s. 286.011. 31 (5) APPLICABILITY OF SECTION.--In any conflict between 22 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 a provision of this section and a provision of chapter 617, 2 the provisions of this section shall prevail. 3 (6) PURPOSE.--The purpose of Babcock Ranch, Inc., is 4 to provide management and administrative services for the 5 preserve, to establish and implement management policies that 6 will achieve the purposes and requirements of this section, to 7 cooperate with state agencies to further the purposes of the 8 preserve, and to establish the administrative and accounting 9 procedures for the operation of the corporation. 10 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The 11 corporation shall be governed by a nine-member board of 12 directors who shall be appointed by the Board of Trustees of 13 the Internal Improvement Trust Fund; the commission; the 14 commissioner; the Babcock Ranch Management, LLC, a limited 15 liability corporation registered to do business in this state, 16 or its successors or assigns; the Charlotte County Board of 17 County Commissioners, and the Lee County Board of County 18 Commissioners in the following manner: 19 (a)1. The Board of Trustees of the Internal 20 Improvement Trust Fund shall appoint four members. One 21 appointee shall have expertise in domesticated livestock 22 management, production, and marketing, including range 23 management and livestock business management. One appointee 24 shall have expertise in the management of game and nongame 25 wildlife and fish populations, including hunting, fishing, and 26 other recreational activities. One appointee shall have 27 expertise in the sustainable management of forest lands for 28 commodity purposes. One appointee shall have expertise in 29 financial management, budget and program analysis, and small 30 business operations. 31 2. The commission shall appoint one non-voting member 23 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 with expertise in hunting; fishing; nongame species 2 management; or wildlife habitat management, restoration, and 3 conservation. 4 3. The commissioner shall appoint one non-voting 5 member with expertise in agricultural operations or foresty 6 management. 7 4. The Babcock Ranch Management, LLC, or its 8 successors or assigns, shall appoint one member with expertise 9 in the activities and management of the Babcock Crescent B 10 Ranch on the date of acquisition of the ranch by the state. 11 This appointee shall serve on the board of directors only 12 until the termination of or expiration of the management 13 agreement referenced in paragraph (11)(a). Upon termination of 14 or expiration of the management agreement, the person serving 15 as the head of the property owners' association, if any, 16 required to be created under the agreement for sale and 17 purchase shall serve as a member of the board of directors of 18 Babcock Ranch, Inc. 19 5. The Charlotte County Board of County Commissioners 20 shall appoint one member who shall be a resident of the county 21 and who shall be active in an organization concerned with the 22 activities of the ranch. 23 6. The Lee County Board of County Commissioners shall 24 appoint one member who shall be a resident of the county and 25 who shall have experience in land conservation and management. 26 This appointee, or a successor appointee, shall serve as a 27 member of the board of directors so long as the county 28 participates in the state land management plan. 29 (b) All members of the board of directors shall be 30 appointed no later 90 days following the initial acquisition 31 of the Babcock Crescent B Ranch by the state, and: 24 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 1. Four members initially appointed by the Board of 2 Trustees of the Internal Improvement Trust Fund shall each 3 serve a 4-year term. 4 2. The remaining initial five appointees shall each 5 serve a 2-year term. 6 3. Each member appointed thereafter shall serve a 7 4-year term. 8 4. A vacancy shall be filled in the same manner in 9 which the original appointment was made, and a member 10 appointed to fill a vacancy shall serve for the remainder of 11 that term. 12 5. No member may serve more than 8 years in 13 consecutive terms. 14 (c) No appointee shall be an employee of any 15 governmental entity. 16 (d) With the exception of the Babcock Ranch 17 Management, LLC, appointee, no member may be an officer, 18 director, or shareholder in any entity that contracts with or 19 receives funds from the corporation or its subsidiaries. 20 (e) No member shall vote in an official capacity upon 21 any measure that would inure to his or her special private 22 gain or loss, that he or she knows would inure to the special 23 private gain or loss of any principal by whom he or she is 24 retained or to the parent organization or subsidiary of a 25 principal by which he or she is retained, or that he or she 26 knows would inure to the special private gain or loss of a 27 relative or business associate of the member. Such member 28 shall, prior to the vote being taken, publicly state the 29 nature of his or her interest in the matter from which he or 30 she is abstaining from voting and, no later than 15 days 31 following the date the vote occurs, shall disclose the nature 25 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 of his or her interest as a public record in a memorandum 2 filed with the person responsible for recording the minutes of 3 the meeting, who shall incorporate the memorandum in the 4 minutes of the meeting. 5 (f) Each member of the board of directors is 6 accountable for the proper performance of the duties of 7 office, and each member owes a fiduciary duty to the people of 8 the state to ensure that funds provided in furtherance of this 9 section are disbursed and used as prescribed by law and 10 contract. Any official appointing a member may remove that 11 member for malfeasance, misfeasance, neglect of duty, 12 incompetence, permanent inability to perform official duties, 13 unexcused absence from three consecutive meetings of the 14 board, arrest or indictment for a crime that is a felony or 15 misdemeanor involving theft or a crime of dishonesty, or 16 pleading nolo contendere to, or being found guilty of, any 17 crime. 18 (g) Each member of the board of directors shall serve 19 without compensation, but shall receive travel and per diem 20 expenses as provided in s. 112.061 while in the performance of 21 his or her duties. These expenses shall be paid from the 22 operating funds of the ranch. 23 (8) ORGANIZATION; MEETINGS.-- 24 (a)1. The board of directors shall annually elect a 25 chairperson and a vice chairperson from among the board's 26 members. The members may, by a vote of five of the seven 27 voting board members, remove a member from the position of 28 chairperson or vice chairperson prior to the expiration of his 29 or her term as chairperson or vice chairperson. His or her 30 successor shall be elected to serve for the balance of the 31 removed chairperson's or vice chairperson's term. 26 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 2. The chairperson shall ensure that records are kept 2 of the proceedings of the board of directors, and is the 3 custodian of all books, documents, and papers filed with the 4 board, the minutes of meetings of the board, and the official 5 seal of the corporation. 6 (b)1. The board of directors shall meet upon the call 7 of the chairperson at least three times per year in Charlotte 8 County or in Lee County. 9 2. A majority of the members of the board of directors 10 constitutes a quorum. Except as otherwise provided in this 11 section, the board of directors may take official action by a 12 majority of the voting members present at any meeting at which 13 a quorum is present. Members may not vote by proxy. 14 (9) POWERS AND DUTIES.-- 15 (a) The board of directors shall adopt articles of 16 incorporation and bylaws necessary to govern its activities. 17 The adopted articles of incorporation and bylaws must be 18 approved by the Board of Trustees of the Internal Improvement 19 Trust Fund prior to filing with the Department of State. 20 (b) The board of directors shall review and approve 21 any management plan developed pursuant to ss. 253.034 and 22 259.032 for the management of lands in the preserve prior to 23 the submission of that plan to the Board of Trustees of the 24 Internal Improvement Trust Fund for approval and 25 implementation. 26 (c)1. Except for the constitutional powers of the 27 commission as provided in s. 9, Art. IV of the State 28 Constitution, the board of directors shall have all necessary 29 and proper powers for the exercise of the authority vested in 30 the corporation, including, but not limited to, the power to 31 solicit and accept donations of funds, property, supplies, or 27 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 services from individuals, foundations, corporations, and 2 other public or private entities for the purposes of this 3 section. All funds received by the corporation shall be 4 deposited into the operating fund authorized under this 5 section unless otherwise directed by the Legislature. 6 2. The board of directors may not increase the number 7 of its members. 8 3. Except as necessary to manage and operate the 9 preserve as a working ranch, the corporation may not purchase, 10 take, receive, lease, take by gift, devise, or bequest, or 11 otherwise acquire, own, hold, improve, use, or otherwise deal 12 in and with real property, or any interest therein, wherever 13 situated. 14 4. The corporation may not sell, convey, mortgage, 15 pledge, lease, exchange, transfer, or otherwise dispose of any 16 real property, unless otherwise provided in this section. 17 5. The corporation may not purchase, take, receive, 18 subscribe for, or otherwise acquire, own, hold, vote, use, 19 employ, sell, mortgage, lend, pledge, or otherwise dispose of 20 or otherwise use and deal in and with, shares and other 21 interests in, or obligations of, other domestic or foreign 22 corporations, whether for profit or not for profit, 23 associations, partnerships, or individuals, or direct or 24 indirect obligations of the United States, or any other 25 government, state, territory, government district, 26 municipality, or any instrumentality thereof. 27 6. The corporation may not lend money for its 28 corporate purposes or take and hold real and personal property 29 as security for the payment of funds lent or invested. 30 7. The corporation may not merge with other 31 corporations or other business entities. 28 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 8. The corporation may not enter into any contract, 2 lease, or other agreement related to the use of ground or 3 surface waters located in, on, or through the preserve without 4 the consent of the Board of Trustees of the Internal 5 Improvement Trust Fund and permits that may be required by the 6 Department of Environmental Protection or the appropriate 7 water management district under chapters 373 and 403. 8 9. The corporation may not grant any easements in, on, 9 or across the preserve. Any easements to be granted for the 10 use of, access to, or ingress and egress across state property 11 within the preserve must be executed by the Board of Trustees 12 of the Internal Improvement Trust Fund as the owners of the 13 state property within the preserve. Any easements to be 14 granted for the use of, access to, or ingress and egress 15 across property within the preserve titled in the name of a 16 local government must be granted by the governing body of that 17 local government. 18 10. The corporation may not enter into any contract, 19 lease, or other agreement related to the use and occupancy of 20 the property within the preserve for a period greater than 10 21 years. 22 (d) The corporation may, with the written approval of 23 the commission and in consultation with the department, 24 designate hunting, fishing, and trapping zones and may 25 establish additional periods when no hunting, fishing, or 26 trapping shall be permitted for reasons of public safety, 27 administration, and the protection and enhancement of nongame 28 habitat and nongame species, as defined under s. 372.001. 29 (e) The corporation shall have the sole and exclusive 30 right to use the words "Babcock Ranch, Inc.," and any seal, 31 emblem, or other insignia adopted by the members. Without the 29 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 express written authority of the corporation, no person may 2 use the words "Babcock Ranch, Inc.," as the name under which 3 that person conducts or purports to conduct business, for the 4 purpose of trade or advertisement, or in any manner that may 5 suggest any connection with the corporation. 6 (f) The corporation may from time to time appoint 7 advisory committees to further any part of this section. The 8 advisory committees shall be reflective of the expertise 9 necessary for the particular function for which the committee 10 is created, and may include public agencies, private entities, 11 and not-for-profit conservation and agricultural 12 representatives. 13 (g) State laws governing the procurement of 14 commodities and services by state agencies, as provided in s. 15 287.057, shall apply to the corporation. 16 (h) The corporation and its subsidiaries must provide 17 equal employment opportunities for all persons regardless of 18 race, color, religion, gender, national origin, age, handicap, 19 or marital status. 20 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING 21 REQUIREMENTS.-- 22 (a) The board of directors may establish and manage an 23 operating fund to address the corporation's unique cash-flow 24 needs and to facilitate the management and operation of the 25 preserve as a working ranch. 26 (b) The board of directors shall provide for an annual 27 financial audit of the corporate accounts and records to be 28 conducted by an independent certified public accountant in 29 accordance with rules adopted by the Auditor General under s. 30 11.45(8). The audit report shall be submitted no later than 3 31 months following the end of the fiscal year to the Auditor 30 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 General, the President of the Senate, the Speaker of the House 2 of Representatives, and the appropriate substantive and fiscal 3 committees of the Legislature. The Auditor General, the Office 4 of Program Policy Analysis and Government Accountability, and 5 the substantive or fiscal committees of the Legislature to 6 which legislation affecting the Babcock Ranch Preserve may be 7 referred shall have the authority to require and receive from 8 the corporation or from the independent auditor any records 9 relative to the operation of the corporation. 10 (c) Not later than January 15 of each year, Babcock 11 Ranch, Inc., shall submit to the Board of Trustees of the 12 Internal Improvement Trust Fund, the President of the Senate, 13 the Speaker of the House of Representatives, the department, 14 and the commission a comprehensive and detailed report of its 15 operations, activities, and accomplishments for the prior 16 year, including information on the status of the ecological, 17 cultural, and financial resources being managed by the 18 corporation, and benefits provided by the preserve to local 19 communities. The report shall also include a section 20 describing the corporation's goals for the current year. 21 (d) The board of directors shall prepare an annual 22 budget with the goal of achieving a financially 23 self-sustaining operation within 15 full fiscal years after 24 the initial acquisition of the Babcock Ranch by the state. The 25 department shall provide necessary assistance, including 26 details as necessary, to the corporation for the timely 27 formulation and submission of an annual legislative budget 28 request for appropriations, if any, to support the 29 administration, operation, and maintenance of the preserve. A 30 request for appropriations shall be submitted to the 31 department and shall be included in the department's annual 31 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 legislative budget request. Requests for appropriations shall 2 be submitted to the department in time to allow the department 3 to meet the requirements of s. 216.023. The department may not 4 deny a request or refuse to include in its annual legislative 5 budget submission a request from the corporation for an 6 appropriation. 7 (e) Notwithstanding any other provision of law, all 8 moneys received from donations or from management of the 9 preserve shall be retained by the corporation in the operating 10 fund and shall be available, without further appropriation, 11 for the administration, preservation, restoration, operation 12 and maintenance, improvements, repairs, and related expenses 13 incurred with respect to properties being managed by the 14 corporation. Except as provided in this section, moneys 15 received by the corporation for the management of the preserve 16 shall not be subject to distribution by the state. Upon 17 assuming management responsibilities for the preserve, the 18 corporation shall optimize the generation of income based on 19 existing marketing conditions to the extent that activities do 20 not unreasonably diminish the long-term environmental, 21 agricultural, scenic, and natural values of the preserve, or 22 the multiple-use and sustained-yield capability of the land. 23 (f) All parties in contract with the corporation and 24 all holders of leases from the corporation which are 25 authorized to occupy, use, or develop properties under the 26 management jurisdiction of the corporation must procure proper 27 insurance as is reasonable or customary to insure against any 28 loss in connection with the properties or with activities 29 authorized in the leases or contracts. 30 (11) COMPREHENSIVE BUSINESS PLAN.-- 31 (a) A comprehensive business plan for the management 32 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 and operation of the preserve as a working ranch and 2 amendments to the business plan may be developed only with 3 input from the department and the commission, and may be 4 implemented by Babcock Ranch, Inc., only upon expiration of 5 the management agreement to be executed by the Board of 6 Trustees of the Internal Improvement Trust Fund, and Babcock 7 Ranch Management, LLC, a limited liability corporation 8 registered to do business in this state. 9 (b) Any final decision of Babcock Ranch, Inc., to 10 adopt or amend the comprehensive business plan or to approve 11 any activity related to the management of the renewable 12 surface resources of the preserve shall be made in sessions 13 that are open to the public. The board of directors shall 14 establish procedures for providing adequate public information 15 and opportunities for public comment on the proposed 16 comprehensive business plan for the preserve or for amendments 17 to the comprehensive business plan adopted by the members. 18 (c) Not less than 2 years prior to the corporation's 19 assuming management and operation responsibilities for the 20 preserve, the corporation, with input from the commission and 21 the department, must begin developing the comprehensive 22 business plan to carry out the purposes of this section. To 23 the extent consistent with these purposes, the comprehensive 24 business plan shall provide for: 25 1. The management and operation of the preserve as a 26 working ranch; 27 2. The protection and conservation of the 28 environmental, agricultural, scientific, scenic, geologic, 29 watershed, fish, wildlife, historic, cultural, and 30 recreational values of the preserve; 31 3. The promotion of high-quality hunting experiences 33 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 for the public, with emphasis on deer, turkey, and other game 2 species; 3 4. Multiple use and sustained yield of renewable 4 surface resources within the preserve; 5 5. Public use of and access to the preserve for 6 recreation; and 7 6. The use of renewable resources and management 8 alternatives that, to the extent practicable, benefit local 9 communities and small businesses and enhance the coordination 10 of management objectives with those on surrounding public or 11 private lands. The use of renewable resources and management 12 alternatives should provide cost savings to the corporation 13 through the exchange of services, including, but not limited 14 to, labor and maintenance of facilities, for resources or 15 services provided to the corporation. 16 (d) On or before the date on which title to the 17 portion of the Babcock Crescent B Ranch being purchased by the 18 state is vested in the Board of Trustees of the Internal 19 Improvement Trust Fund, Babcock Ranch Management, LLC, a 20 limited liability company incorporated in this state, shall 21 provide the commission and the department with the current 22 proprietary management plan and business plan in place for the 23 operation of the ranch. 24 (e) The comprehensive business plan for the preserve 25 shall be consistent with the management practices taking place 26 on the Babcock Crescent B Ranch prior to the state taking 27 title to the land except as otherwise provided in this 28 section. 29 (f) To achieve the goal of a financially 30 self-sustaining operation, the comprehensive business plan 31 must preserve to the maximum extent practicable environmental 34 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 resources and wildlife habitats found on the preserve. 2 (12) MANAGEMENT OF PRESERVE; FEES.-- 3 (a) The corporation shall assume all authority 4 provided by this section to manage and operate the preserve as 5 a working ranch upon a determination by the Board of Trustees 6 of the Internal Improvement Trust Fund that the corporation is 7 able to conduct business, and that provision has been made for 8 essential services on the preserve, which, to the maximum 9 extent practicable, shall be made no later than 60 days prior 10 to the termination of the management agreement referenced in 11 paragraph (11)(a). 12 (b) Upon assuming management and operation of the 13 preserve, the corporation shall: 14 1. With input from the commission and the department, 15 manage and operate the preserve and the uses thereof, 16 including, but not limited to, the activities necessary to 17 administer and operate the preserve as a working ranch; the 18 activities necessary for the preservation and development of 19 the land and renewable surface resources of the preserve; the 20 activities necessary for interpretation of the history of the 21 preserve on behalf of the public; the activities necessary for 22 the management, public use, and occupancy of facilities and 23 lands within the preserve; and the maintenance, 24 rehabilitation, repair, and improvement of property within the 25 preserve; 26 2. Develop programs and activities relating to the 27 management of the preserve as a working ranch; 28 3. Negotiate directly with and enter into such 29 agreements, leases, contracts, and other arrangements with any 30 person, firm, association, organization, corporation, or 31 governmental entity, including entities of federal, state, and 35 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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. 36 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 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 17 contingent upon the management agreement to be executed by the 18 Board of Trustees of the Internal Improvement Trust Fund and 19 Babcock Ranch Management, LLC, a limited liability corporation 20 registered to do business in this state containing or not 21 conflicting with the following provisions: 22 (1) Babcock Ranch Management, LLC, shall be the 23 managing entity of the working ranch for 5 years with an 24 option to continue for an additional 5 years. 25 (2) Babcock Ranch, Inc., shall take over the 26 management of the working ranch after the Babcock Ranch 27 Management, LLC, ceases to be the ranch manager. 28 (3) Babcock Ranch, Inc., shall adopt a comprehensive 29 business plan consistent with current ranch management 30 practices except as otherwise provided in this section. 31 (4) Babcock Ranch Management, LLC, shall pay travel 37 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 and per diem expenses for the members of the Babcock Ranch, 2 Inc., board of directors as provided in s. 259.106(7)(g). 3 (5) The working ranch shall continue to be operated in 4 a financially self-sustaining manner. 5 (6) Tenant farming currently on lands historically 6 used for that purpose shall be phased out as each contract or 7 lease for tenant farming expires. 8 (7) There shall be no harvesting of cypress trees on 9 the property being acquired by the state except for salvage 10 harvesting following natural disasters. 11 (8) The following ranch operations shall not be 12 prohibited or restricted except by general law: 13 (a) Silvicultural operations, including upland 14 harvesting, salvage harvesting and palm tree removal, except 15 that harvesting of cypress trees on the property being 16 acquired by the state shall be limited to salvage harvesting 17 following natural disasters, and 18 (b) Any other bona fide agricultural use that is 19 compatible with the environmental resources and wildlife 20 habitat found on the preserve. 21 Section 11. For the 2006-2007 fiscal year, the sum of 22 $50,000 is appropriated in nonrecurring funds from the 23 Conservation and Recreation Lands Trust Fund in the Department 24 of Environmental Protection for the operation and management 25 of the Babcock Ranch Preserve, to be administered by Babcock 26 Ranch, Inc., as provided under s. 259.106, Florida Statutes. 27 Section 12. Except as otherwise expressly provided in 28 this act, this act shall take effect upon becoming a law. 29 30 31 38 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to land acquisition and 8 management; amending s. 201.15, F.S.; providing 9 that taxes distributed to pay debt service on 10 Preservation 2000 bonds, Florida Forever bonds, 11 and Save Our Everglades bonds shall, under 12 specified circumstances, be collectively 13 distributed on a pro rata basis; correcting a 14 cross-reference; deleting obsolete provisions; 15 amending s. 215.619, F.S.; providing that 16 Everglades restoration bonds are on a parity 17 basis with other land acquisition bonds; 18 amending s. 259.032, F.S.; authorizing the use 19 of funds in the Conservation and Recreation 20 Lands Trust Fund for management, maintenance, 21 and capital improvements for conservation and 22 recreation lands, including lands acquired 23 under the Babcock Crescent B Ranch Florida 24 Forever acquisition; revising requirements for 25 the development of an individual land 26 management plan; amending s. 259.105, F.S.; 27 establishing the Legislature's intent that the 28 protection and buffering of military 29 installations is of great importance; directing 30 the Acquisition and Restoration Council to also 31 give priority consideration to the acquisition 39 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 of lands that protect and buffer military 2 installations; amending s. 259.1051, F.S.; 3 conforming the distribution of funds from the 4 Florida Forever Trust Fund; creating s. 5 259.1052, F.S.; providing for the acquisition 6 of the state's portion of the Babcock Crescent 7 B Ranch; providing a definition; granting 8 authority to the Department of Environmental 9 Protection to distribute funds for the 10 acquisition of the Babcock Crescent B Ranch; 11 creating s. 259.10521, F.S.; authorizing the 12 creation of a citizen support organization; 13 providing duties and responsibilities; creating 14 s. 259.106,F.S.; creating the Babcock Ranch 15 Preserve Act; providing definitions; creating 16 the Babcock Ranch Preserve, a conservation 17 acquisition with certain goals; creating 18 Babcock Ranch, Inc., a not-for-profit 19 corporation to be incorporated in the state; 20 providing that the corporation shall act as an 21 instrumentality of the state for purposes of 22 sovereign immunity under s. 768.28, F.S.; 23 providing that the corporation shall not be an 24 agency under s. 20.03, F.S., or a unit or 25 entity of state government; providing that the 26 corporation is subject to the provisions of 27 chs. 119 and 286, F.S., relating to public 28 records and meetings; requiring public records 29 and meetings; providing for the corporation to 30 be governed by a board of directors; providing 31 for the qualifications, appointment, removal, 40 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 and liability of board members and their terms 2 of office; prohibiting any board member from 3 voting on any measure that constitutes a 4 conflict of interest; providing for the board 5 members to serve without compensation, but to 6 receive per diem and travel expenses; providing 7 for organization and meetings; authorizing 8 state agencies to provide state employees for 9 purposes of implementing the Babcock Ranch 10 Preserve; providing certain powers and duties 11 of the corporation; providing limitations on 12 the powers and duties of the corporation; 13 providing that the corporation and its 14 subsidiaries must provide equal employment 15 opportunities; providing for the corporation to 16 establish and manage an operating fund; 17 requiring an annual financial audit of the 18 accounts and records of the corporation; 19 requiring annual reports by the corporation to 20 the Board of Trustees of the Internal 21 Improvement Trust Fund, the Legislature, the 22 Department of Agriculture and Consumer 23 Services, and the Fish and Wildlife 24 Conservation Commission; requiring that the 25 corporation prepare an annual budget; 26 specifying a goal of financially 27 self-sustaining operation within a certain 28 period; providing for the corporation to retain 29 donations and other moneys; requiring that the 30 corporation adopt articles of incorporation and 31 bylaws subject to the approval of the Board of 41 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 Trustees of the Internal Improvement Trust 2 Fund; authorizing the corporation to appoint 3 advisory committees; providing requirements for 4 a comprehensive business plan; specifying the 5 procedures by which the corporation shall 6 assume the management and operation of the 7 Babcock Ranch Preserve; prohibiting the 8 corporation from taking certain actions without 9 the consent of the Board of Trustees of the 10 Internal Improvement Trust Fund; requiring that 11 the corporation be subject to certain state 12 laws and rules governing the procurement of 13 commodities and services; authorizing the 14 corporation to assess reasonable fees; 15 providing for management of the Babcock Ranch 16 Preserve until expiration of a current 17 management agreement; providing for reversion 18 of the management and operation 19 responsibilities to certain agencies upon the 20 dissolution of the corporation; providing that 21 the corporation may be dissolved only by an act 22 of the Legislature; providing for reversion of 23 funds upon the dissolution of the corporation; 24 providing for appropriations and certain 25 conditions therefor; providing effective dates. 26 27 WHEREAS, the Babcock Ranch comprises the largest 28 private undeveloped single-ownership tract of land in 29 Charlotte County and contains historical evidence in the form 30 of old logging camps and other artifacts that indicate the 31 importance of this land for domesticated livestock production, 42 8:19 PM 05/04/06 h1347.15ep.TKb
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1347, 2nd Eng. Barcode 190274 1 timber supply, and other bona fide agricultural uses, and 2 WHEREAS, the careful husbandry of the Babcock Ranch, 3 including selective timbering, limited grazing and hunting, 4 and the use of prescribed burning, has preserved a mix of 5 healthy range and timberland with significant species 6 diversity and provides a model for sustainable land 7 development and use, and 8 WHEREAS, the Babcock Ranch must be protected for 9 current and future generations by continued operation as a 10 working ranch under a unique management regime that protects 11 the land and resource values of the property and the 12 surrounding ecosystem while allowing and providing for the 13 ranch to become financially self-sustaining, and 14 WHEREAS, it is in the public's best interest that the 15 management regime for the Babcock Ranch include the 16 development of an operational program for appropriate 17 preservation and development of the ranch's land and 18 resources, and 19 WHEREAS, the public's interest will be served by the 20 creation of a not-for-profit corporation to develop and 21 implement environmentally sensitive, cost-effective, and 22 creative methods to manage and operate a working ranch, NOW, 23 THEREFORE, 24 25 26 27 28 29 30 31 43 8:19 PM 05/04/06 h1347.15ep.TKb