Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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CHAMBER ACTION
Senate House
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05/05/2006 05:38 PM .
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11 Senators Dockery and Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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:
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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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
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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
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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
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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
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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
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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:
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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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Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1347, 2nd Eng.
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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,
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Bill No. HB 1347, 2nd Eng.
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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
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Bill No. HB 1347, 2nd Eng.
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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,
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Bill No. HB 1347, 2nd Eng.
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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
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27
28
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30
31
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