| 1 | Representative(s) Williams offered the following: |
| 2 |
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| 3 | Amendment(with title amendment) |
| 4 | Remove lines 529-685 and insert: |
| 5 | management agreement. |
| 6 | (b) Any final decision of Babcock Ranch, Inc., to adopt or |
| 7 | amend the comprehensive business plan or to approve any activity |
| 8 | related to the management of the renewable surface resources of |
| 9 | the preserve shall be made in sessions that are open to the |
| 10 | public. The board of directors shall establish procedures for |
| 11 | providing adequate public information and opportunities for |
| 12 | public comment on the proposed comprehensive business plan for |
| 13 | the preserve or for amendments to the comprehensive business |
| 14 | plan adopted by the members. |
| 15 | (c) Not less than 2 years prior to the corporation's |
| 16 | assuming management and operation responsibilities for the |
| 17 | preserve, the corporation, with input from the commission and |
| 18 | the department, must begin developing the comprehensive business |
| 19 | plan to carry out the purposes of this section. To the extent |
| 20 | consistent with these purposes, the comprehensive business plan |
| 21 | shall provide for: |
| 22 | 1. The management and operation of the preserve as a |
| 23 | working ranch. |
| 24 | 2. The protection and conservation of the environmental, |
| 25 | agricultural, scientific, scenic, geologic, watershed, fish, |
| 26 | wildlife, historic, cultural, and recreational values of the |
| 27 | preserve. |
| 28 | 3. The promotion of controlled high-quality hunting |
| 29 | experiences for the public, with emphasis on deer, turkey, and |
| 30 | other game species. |
| 31 | 4. Multiple use and sustained yield of the renewable |
| 32 | surface resources within the preserve. |
| 33 | 5. Public use of and controlled access to the preserve for |
| 34 | recreation. |
| 35 | 6. The use of renewable resources and management |
| 36 | alternatives that, to the extent practicable, benefit local |
| 37 | communities and small businesses and enhance the coordination of |
| 38 | management objectives with those on surrounding public or |
| 39 | private lands. The use of renewable resources and management |
| 40 | alternatives should provide cost savings to the corporation |
| 41 | through the exchange of services, including, but not limited to, |
| 42 | labor and maintenance of facilities, for resources or services |
| 43 | provided to the corporation. |
| 44 | (d) On or before the date on which title to the portion of |
| 45 | the Babcock Crescent B Ranch being purchased by the state is |
| 46 | vested in the Board of Trustees of the Internal Improvement |
| 47 | Trust Fund, Babcock Ranch Management, LLC, a limited liability |
| 48 | company incorporated in the state, shall provide the commission |
| 49 | and the department with the current proprietary management plan |
| 50 | and business plan in place. |
| 51 | (e) The comprehensive business plan for the preserve shall |
| 52 | be consistent with the management practices taking place on the |
| 53 | Babcock Crescent B Ranch prior to the state taking title to the |
| 54 | land. |
| 55 | (f) To achieve the goal of a financially self-sustaining |
| 56 | operation, the comprehensive business plan must preserve to the |
| 57 | maximum extent practicable environmental resources and wildlife |
| 58 | habitats found on the preserve. |
| 59 | (12) MANAGEMENT OF PRESERVE; FEES.-- |
| 60 | (a) The corporation shall assume all authority provided by |
| 61 | this section to manage and operate the preserve as a working |
| 62 | ranch upon a determination by the Board of Trustees of the |
| 63 | Internal Improvement Trust Fund that the corporation is able to |
| 64 | conduct business and that provision has been made for essential |
| 65 | services on the preserve, which, to the maximum extent |
| 66 | practicable, shall be made no later than 60 days prior to the |
| 67 | termination or expiration of the management agreement. |
| 68 | (b) Upon assuming management and operation of the |
| 69 | preserve, the corporation shall: |
| 70 | 1. With input from the commission and the department, |
| 71 | manage and operate the preserve and the uses thereof, including, |
| 72 | but not limited to, the activities necessary to administer and |
| 73 | operate the preserve as a working ranch; the activities |
| 74 | necessary for the preservation and development of the land and |
| 75 | renewable surface resources of the preserve; the activities |
| 76 | necessary for interpretation of the history of the preserve on |
| 77 | behalf of the public; the activities necessary for the |
| 78 | management, public use, and occupancy of facilities and lands |
| 79 | within the preserve; and the maintenance, rehabilitation, |
| 80 | repair, and improvement of property within the preserve. |
| 81 | 2. Develop programs and activities relating to the |
| 82 | management of the preserve as a working ranch. |
| 83 | 3. Negotiate directly with and enter into such agreements, |
| 84 | leases, contracts, and other arrangements with any person, firm, |
| 85 | association, organization, corporation, or governmental entity, |
| 86 | including entities of federal, state, and local governments, as |
| 87 | are necessary and appropriate to carry out the purposes and |
| 88 | activities authorized by this section. |
| 89 | 4. Establish procedures for entering into lease agreements |
| 90 | and other agreements for the use and occupancy of the facilities |
| 91 | of the preserve. The procedures shall ensure reasonable |
| 92 | competition and set guidelines for determining reasonable fees, |
| 93 | terms, and conditions for such agreements. |
| 94 | 5. Assess reasonable fees for admission to, use of, and |
| 95 | occupancy of the preserve for operation of the preserve as a |
| 96 | working ranch. These fees are independent of fees assessed by |
| 97 | the commission for the privilege of hunting, fishing, or |
| 98 | pursuing outdoor recreational activities within the preserve and |
| 99 | shall be deposited into the operating fund established by the |
| 100 | board of directors under the authority provided in this section. |
| 101 | (13) MISCELLANEOUS PROVISIONS.-- |
| 102 | (a) Except for the powers of the commissioner provided in |
| 103 | this section and the powers of the commission provided in s. 9, |
| 104 | Art. IV of the State Constitution, the preserve shall be managed |
| 105 | by Babcock Ranch, Inc. |
| 106 | (b) Officers and employees of Babcock Ranch, Inc., are |
| 107 | private employees. At the request of the board of directors, the |
| 108 | commission and the department may provide state employees for |
| 109 | the purpose of implementing this section. Any state employee |
| 110 | provided to assist the directors in implementing this section |
| 111 | for more than 30 days shall be provided on a reimbursable basis. |
| 112 | Reimbursement to the commission and the department shall be made |
| 113 | from the corporation's operating fund provided under this |
| 114 | section and not from any funds appropriated to the corporation |
| 115 | by the Legislature. |
| 116 | (14) DISSOLUTION OF BABCOCK RANCH, INCORPORATED.-- |
| 117 | (a) The corporation may be dissolved only by an act of the |
| 118 | Legislature. |
| 119 | (b) Upon dissolution of the corporation, the management |
| 120 | responsibilities provided in this section shall revert to the |
| 121 | commission and the department unless otherwise provided by the |
| 122 | Legislature under the act dissolving Babcock Ranch, Inc. |
| 123 | (c) Upon dissolution of the corporation, any cash balances |
| 124 | of funds shall revert to the General Revenue fund or such other |
| 125 | state fund as may be provided under the act dissolving Babcock |
| 126 | Ranch, Inc. |
| 127 | Section 2. (1) For the 2006-2007 fiscal year, the sum of |
| 128 | $310 million in nonrecurring funds is appropriated from the |
| 129 | Florida Forever Trust Fund in the Department of Environmental |
| 130 | Protection for the purchase of the Babcock Crescent B Ranch |
| 131 | contingent upon the purchase or management agreement or both |
| 132 | agreements containing or not conflicting with the following |
| 133 | provisions: |
| 134 | (a) Babcock Ranch Management, LLC, shall be the managing |
| 135 | entity of the working ranch for 5 years with an option to |
| 136 | continue for an additional 5 years. |
| 137 | (b) Babcock Ranch, Inc., shall take over the management of |
| 138 | the working ranch after the Babcock Ranch Management, LLC, |
| 139 | ceases to be the ranch manager. |
| 140 | (c) Babcock Ranch, Inc., shall adopt a comprehensive |
| 141 | business plan consistent with current ranch management practices |
| 142 | when Babcock Ranch, Inc., takes over management of the working |
| 143 | ranch. |
| 144 | (d) The working ranch shall continue to be operated in a |
| 145 | financially self-sustaining manner. |
| 146 | (e) The following ranch operations shall not be prohibited |
| 147 | or restricted except by general law: |
| 148 | 1. Silvicultural operations, regardless of species and |
| 149 | location; however, except in cases of salvage operations or |
| 150 | invasive exotic control, no cypress tree that measures more than |
| 151 | 30 inches in diameter at breast height may be harvested and |
| 152 | harvested areas are limited to no more than 100 acres per |
| 153 | harvest tract. |
| 154 | 2. Tenant farming on lands historically used for that |
| 155 | purpose. |
| 156 | 3. Hunting leases, provided that: |
| 157 | a. The issuance of leases allows for participation by |
| 158 | interested persons; and |
| 159 | b. Periodic hunts are made available on the preserve to |
| 160 | persons with disabilities and those under the age of 18. |
| 161 | 4. Any other bona fide agricultural use that is compatible |
| 162 | with the environmental resources and wildlife habitat found on |
| 163 | the preserve. |
| 164 | (2) The funds appropriated in subsection (1) shall be |
| 165 | distributed to the seller in accordance with the terms of the |
| 166 | purchase agreement, and no change to the purchase agreement |
| 167 | shall be made without the consent of the seller. |
| 168 | (3) For the 2006-2007 fiscal year, the sum of $50,000 is |
| 169 | appropriated in nonrecurring funds from the Conservation and |
| 170 | Recreation Lands Trust Fund in the Department of Environmental |
| 171 | Protection for the operation and management of the Babcock Ranch |
| 172 | Preserve, to be administered by Babcock Ranch, Inc., as provided |
| 173 | for in this act. |
| 174 | (4) The Legislature may annually appropriate funds from |
| 175 | the Land Acquisition Trust Fund for use only as state matching |
| 176 | funds, in conjunction with private donations in aggregates of at |
| 177 | least $60,000, matched by $40,000 of state funds, for a total |
| 178 | minimum project amount of $100,000 for capital improvement |
| 179 | facility development at the ranch at either individually |
| 180 | designated locations or for priority projects within the overall |
| 181 | ranch system. The Babcock Ranch, Inc., may acquire private |
| 182 | donations pursuant to this section, and matching state funds for |
| 183 | approved projects may be provided in accordance with this |
| 184 | subsection. The Babcock Ranch, Inc., is authorized to properly |
| 185 | recognize and honor a private donor by placing a plaque or other |
| 186 | appropriate designation noting the contribution on project |
| 187 | facilities or by naming project facilities after the person or |
| 188 | organization that provided matching funds. |
| 189 | Section 3. Except as otherwise expressly provided in this |
| 190 | act, this act shall take effect upon becoming a law. |
| 191 |
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| 192 |
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| 193 | ======= T I T L E A M E N D M E N T ======= |
| 194 | Remove lines 59-61 and insert: |
| 195 | upon the dissolution of the corporation; providing for |
| 196 | appropriations and certain conditions therefor; providing |
| 197 | effective dates. |