1 | A bill to be entitled |
2 | An act relating to land management; creating s. 259.1053, |
3 | F.S.; creating the Babcock Ranch Preserve Act; providing |
4 | purposes for which the preserve is established; providing |
5 | definitions; creating Babcock Ranch, Inc., a not-for- |
6 | profit corporation incorporated in the state; providing |
7 | that the corporation is subject to the provisions of chs. |
8 | 119 and 286, F.S., requiring public records and meetings; |
9 | providing for the corporation to be governed by the |
10 | Babcock Trustees; providing for the appointment of |
11 | trustees and terms of office; prohibiting a trustee from |
12 | voting on any measure that constitutes a conflict of |
13 | interest; providing for the trustees to serve without |
14 | compensation but to receive per diem and travel expenses; |
15 | requiring that each trustee obtain a surety bond of a |
16 | specified amount; authorizing the trustees to appoint |
17 | officers and hire employees; authorizing state agencies to |
18 | provide state employees for purposes of administering the |
19 | Babcock Ranch Preserve; providing certain powers and |
20 | duties of the trustees; providing for the corporation to |
21 | establish and manage an operating fund; requiring an |
22 | annual financial audit of the accounts and records of the |
23 | corporation; requiring annual reports by the corporation |
24 | to the Board of Trustees of the Internal Improvement Trust |
25 | Fund, the Legislature, the Department of Agriculture and |
26 | Consumer Services, and the Fish and Wildlife Conservation |
27 | Commission; requiring that the corporation prepare an |
28 | annual budget; specifying a goal of self-sustaining |
29 | operation within a certain period; providing for the |
30 | corporation to retain donations and other moneys; |
31 | authorizing the corporation to sue and be subject to suit; |
32 | requiring that the corporation adopt articles of |
33 | incorporation and bylaws; requiring insurance; providing |
34 | for the exclusive use of a certain title; authorizing the |
35 | corporation to appoint advisory committees; providing |
36 | requirements for a comprehensive management plan; |
37 | specifying the procedures by which the corporation shall |
38 | assume management authority of the Babcock Ranch Preserve; |
39 | prohibiting the corporation from taking certain actions |
40 | without the consent of the Board of Trustees of the |
41 | Internal Improvement Trust Fund; requiring that the |
42 | corporation be subject to certain state laws and rules |
43 | governing the procurement of commodities and services; |
44 | authorizing the corporation to assess fees; providing for |
45 | reversion of the management responsibilities to certain |
46 | agencies upon the dissolution of the corporation; |
47 | providing for management of the Babcock Ranch Preserve |
48 | until expiration of a current management agreement; |
49 | providing an effective date. |
50 |
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51 | Be It Enacted by the Legislature of the State of Florida: |
52 |
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53 | Section 1. Section 259.1053, Florida Statutes, is created |
54 | to read: |
55 | 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; |
56 | creation; membership; organization; duties.-- |
57 | (1) This section may be cited as the "Babcock Ranch |
58 | Preserve Act." |
59 | (2)(a) The Babcock Ranch comprises the largest private |
60 | undeveloped single-ownership tract of land in Charlotte County |
61 | and contains historical evidence in the form of old logging |
62 | camps and other artifacts that indicate the importance of this |
63 | land for domesticated livestock production, timber supply, and |
64 | other bonafide agricultural uses. |
65 | (b) The careful husbandry of the Babcock Ranch, including |
66 | selective timbering, limited grazing and hunting, and the use of |
67 | prescribed burning, has preserved a mix of healthy range and |
68 | timberland having significant species diversity and providing a |
69 | model for sustainable land development and use. |
70 | (c) The Babcock Ranch must be protected for current and |
71 | future generations by continued operation as a working ranch |
72 | under a unique management regime that protects the land and |
73 | resource values of the property and the surrounding ecosystem |
74 | while allowing and providing for the ranch to become financially |
75 | self-sustaining. It is in the public's best interest that the |
76 | management regime for the Babcock Ranch include the development |
77 | of an operational program for appropriate preservation and |
78 | development of the ranch's land and resources. This management |
79 | regime will best be provided through the creation of a nonprofit |
80 | public-private entity that is capable of developing and |
81 | implementing creative methods of public land management that |
82 | will prove to be cost-effective and environmentally sensitive. |
83 | (3) As used in this section, the term: |
84 | (a) "Babcock Ranch Preserve" and "preserve" mean the lands |
85 | and facilities acquired in the Babcock Ranch Florida Forever |
86 | Acquisition. |
87 | (b) "Babcock Ranch, Inc.," and "corporation" mean the not- |
88 | for-profit corporation authorized and created under this section |
89 | to operate and manage the Babcock Ranch Preserve. |
90 | (c) "Babcock Trustees" and "trustees" mean the governing |
91 | board of the not-for-profit corporation created under this |
92 | section. |
93 | (d) "Commission" means the Fish and Wildlife Conservation |
94 | Commission. |
95 | (e) "Commissioner" means the Commissioner of Agriculture. |
96 | (f) "Department" means the Department of Agriculture and |
97 | Consumer Services. |
98 | (g) "Executive director" means the executive director of |
99 | the Fish and Wildlife Conservation Commission. |
100 | (h) "Financially self-sustaining" means management and |
101 | operation expenditures that are equal to or less than the |
102 | revenues derived from fees and other receipts for resource use |
103 | and development, interest, and invested funds. |
104 | (i) "Management and operating expenditures" means expenses |
105 | of the Babcock Trustees, salaries and benefits of staff, |
106 | administrative and operating expenses, improvements to and |
107 | maintenance of lands and facilities of the Babcock Ranch |
108 | Preserve, and other similar expenses. Funds directly |
109 | appropriated by the Legislature to Babcock Ranch, Inc., and |
110 | funds appropriated by the Legislature to the Babcock Ranch, |
111 | Inc., through the Fish and Wildlife Conservation Commission or |
112 | the Department of Agriculture and Consumer Services are not |
113 | management and operating expenditures. |
114 | (j) "Multiple use" means the management of all of the |
115 | renewable surface resources of the Babcock Ranch Preserve to |
116 | best meet the needs of the public, including the use of the land |
117 | for some or all of the renewable surface resources or related |
118 | services over areas large enough to allow for periodic |
119 | adjustments in use to conform to the changing needs and |
120 | conditions of the preserve while recognizing that some of the |
121 | land will be used for less than all of the renewable surface |
122 | resources available on that land. The goal of multiple use is |
123 | the harmonious and coordinated management of the renewable |
124 | surface resources, each with the other, without impairing the |
125 | productivity of the land and considering the relative value of |
126 | the renewable surface resources, and not necessarily the |
127 | combination of uses providing the greatest monetary return or |
128 | the greatest unit output. |
129 | (k) "Sustained yield of the renewable surface resources" |
130 | means the achievement and maintenance of a high-level annual or |
131 | regular periodic output of the various renewable surface |
132 | resources of the Babcock Ranch Preserve without impairing the |
133 | productivity of the land. |
134 | (4)(a) Upon the date of acquisition of the Babcock Ranch, |
135 | there is established the Babcock Ranch Preserve, which shall be |
136 | managed in accordance with the purposes and requirements of this |
137 | section. |
138 | (b) The preserve is established to protect and preserve |
139 | the environmental, agricultural, scientific, scenic, geologic, |
140 | watershed, fish, wildlife, historic, cultural, and recreational |
141 | values of the preserve and to provide for the multiple use and |
142 | sustained yield of the renewable surface resources within the |
143 | preserve consistent with this section. |
144 | (c) Except for the powers of the commissioner as |
145 | enumerated in this section and the powers of the commission as |
146 | enumerated in s. 9, Art. IV of the State Constitution, the |
147 | preserve shall be managed by the Babcock Ranch, Inc. |
148 | (d) This section does not preclude Babcock Ranch, Inc., |
149 | before assuming management of the preserve and thereafter, from |
150 | allowing the use of common varieties of mineral materials such |
151 | as sand, stone, and gravel as necessary for construction and |
152 | maintenance of roads and facilities within the preserve. |
153 | (e) This section does not affect the constitutional |
154 | responsibilities of the commission with respect to fish and |
155 | wildlife, including the regulation of hunting, fishing, and |
156 | trapping within the preserve. |
157 | (f) This section does not preclude the maintenance and use |
158 | of roads and trails or the relocation of roads in existence on |
159 | the effective date of this act, or the construction, |
160 | maintenance, and use of new trails, or any motorized access |
161 | necessary for the administration of the land contained within |
162 | the Babcock Ranch Preserve, including motorized access necessary |
163 | for emergencies involving the health or safety of persons within |
164 | the preserve. |
165 | (5)(a) The Legislature finds that the public interest of |
166 | this state will be served by the creation of a not-for-profit |
167 | corporation the primary mission of which is the management and |
168 | operation of the Babcock Ranch Preserve. The purpose of the |
169 | corporation is to provide management and administrative services |
170 | for the preserve, to establish and implement management policies |
171 | that will best achieve the purposes and requirements of this |
172 | section, to cooperate with state agencies to further the |
173 | purposes for which the preserve was created, and to establish |
174 | the administrative and accounting procedures for the operation |
175 | of the corporation. |
176 | (b) There is created a not-for-profit corporation, to be |
177 | designated as "Babcock Ranch, Inc.," which shall be registered, |
178 | incorporated, organized, and operated in this state and in |
179 | compliance with chapter 617, and which shall not be a unit or |
180 | entity of state government. The Legislature determines, however, |
181 | that public policy dictates that the corporation operate in a |
182 | manner that is consistent with its public purpose and |
183 | specifically declares that the corporation and its governing |
184 | board and advisory committees or similar groups created by the |
185 | corporation, including any not-for-profit subsidiaries, are |
186 | subject to the provisions of chapter 119, relating to public |
187 | records, and those provisions of chapter 286 relating to public |
188 | meetings and records for any meetings of the corporation. The |
189 | corporation may be dissolved only by an act of the Legislature. |
190 | (c) The corporation shall be governed by the Babcock |
191 | Trustees, a nine-member governing board, whose members shall be |
192 | appointed to staggered terms by the Board of Trustees of the |
193 | Internal Improvement Trust Fund; the executive director of the |
194 | commission; the Babcock Florida Company, a corporation |
195 | registered to do business in the state, or it successors or |
196 | assigns; the President of the Senate; and the Speaker of the |
197 | House of Representatives, in the following manner: |
198 | 1. The Board of Trustees of the Internal Improvement Trust |
199 | Fund shall appoint five voting members, at least one of whom |
200 | must be a resident of Charlotte County and at least one of whom |
201 | must be a resident of Lee County. An appointee may not be an |
202 | employee of any governmental entity. One appointee must have |
203 | expertise in aspects of domesticated livestock management, |
204 | production, and marketing, including range management and |
205 | livestock business management. One appointee must have expertise |
206 | in the management of game and nongame wildlife and fish |
207 | populations, including hunting, fishing, and other recreational |
208 | activities. One appointee must have expertise in the sustainable |
209 | management of forest lands for commodity purposes. One appointee |
210 | must have expertise in financial management, budget and program |
211 | analysis, and small business operations. One appointee must be |
212 | active in a not-for-profit conservation organization concerned |
213 | with the activities of the ranch. |
214 | 2. The executive director shall appoint one voting member |
215 | who has expertise in hunting, fishing, nongame species |
216 | management or wildlife habitat management, restoration, and |
217 | conservation. |
218 | 3. The Babcock Florida Company, or its successors or |
219 | assigns, shall appoint one voting member who has expertise in |
220 | the activities and management of the Babcock Ranch as of the |
221 | date of acquisition by the state. |
222 | 4. The President of the Senate and the Speaker of the |
223 | House of Representatives shall each appoint one voting member, |
224 | who shall be a member of the public having expertise in any area |
225 | of ranch operations. |
226 | (d) A trustee may not be an officer, a director, or a |
227 | shareholder in any entity that contracts with or receives funds |
228 | from the corporation or its subsidiaries. |
229 | (e) A trustee may not vote in an official capacity upon |
230 | any measure that would inure to his or her special private gain |
231 | or loss; that he or she knows would inure to the special private |
232 | gain or loss of any principal by whom he or she is retained or |
233 | to the parent organization or subsidiary of a principal by which |
234 | he or she is retained; or that he or she knows would inure to |
235 | the special private gain or loss of a relative or business |
236 | associate of the trustee. Such trustee shall, before the vote is |
237 | taken, publicly state the nature of the trustee's interest in |
238 | the matter from which he or she is abstaining from voting and, |
239 | no later than 15 days after the vote occurs, disclose the nature |
240 | of his or her interest as a public record in a memorandum filed |
241 | with the person responsible for recording the minutes of the |
242 | meeting, who shall incorporate the memorandum in the minutes. |
243 | (f) The Board of Trustees of the Internal Improvement |
244 | Trust Fund and the executive director shall make the initial |
245 | appointments of the Babcock Trustees no later than 90 days after |
246 | the initial acquisition of the Babcock Ranch by the state. Four |
247 | trustees initially appointed by the Board of Trustees of the |
248 | Internal Improvement Trust Fund shall each be appointed to a 4- |
249 | year term. The remaining initial appointees shall each be |
250 | appointed to a 2-year term. |
251 | (g) Each trustee appointed after the initial appointments |
252 | made by the Board of Trustees of the Internal Improvement Trust |
253 | Fund and the executive director shall be appointed to a 4-year |
254 | term. Any vacancy among the trustees shall be filled in the same |
255 | manner as the original appointment, and any trustee appointed to |
256 | fill a vacancy shall be appointed for the remainder of that |
257 | term. However, a trustee may not serve more than 8 years in |
258 | consecutive terms. |
259 | (h) A member of the Babcock Trustees may be removed for |
260 | cause by the official who appointed that member. Absence from |
261 | three consecutive meetings results in automatic removal. |
262 | (i) A majority of the trustees constitutes a quorum for |
263 | the purpose of conducting business, and the governing board may |
264 | take official action by a majority vote of the members present |
265 | at any meeting at which a quorum is present. |
266 | (j) The trustees shall serve without compensation, but are |
267 | entitled to receive from funds of the corporation reimbursement |
268 | for per diem and travel expenses as provided by s. 112.061. |
269 | (k) There shall be no liability on the part of, and no |
270 | cause of action shall arise against, any member of the Babcock |
271 | Trustees, or the employees or agents of the corporation, for any |
272 | action taken in the performance of powers and duties under this |
273 | section. |
274 | (l) Each trustee, no later than 30 days after accepting an |
275 | appointment, must give the Board of Trustees of the Internal |
276 | Improvement Trust Fund a good and sufficient surety bond in the |
277 | sum of $5,000, the cost thereof being borne by the corporation, |
278 | conditioned on the trustee's faithful performance of his or her |
279 | duties as a member of the governing board of Babcock Ranch, Inc. |
280 | (m) The trustees shall elect a chair from among their |
281 | membership, and may appoint and fix the compensation and duties |
282 | of an executive director of the corporation and such other |
283 | officers and employees as the trustees consider necessary. |
284 | Except as provided in this section, officers and employees of |
285 | the corporation are not employees of the state but are private |
286 | employees. At the request of the trustees, the state may provide |
287 | state employees for the purpose of implementing this section. |
288 | Any state employee provided to assist the trustees of the |
289 | corporation in implementing the requirements of this section for |
290 | more than 30 days shall be provided on a reimbursable basis. |
291 | (n) The trustees shall meet, at the call of the chair, at |
292 | least three times per year in Charlotte County or Lee County in |
293 | sessions that are open to the public. |
294 | (o) Except for the constitutional powers of the commission |
295 | as provided in s. 9, Art. IV of the State Constitution, the |
296 | trustees of the corporation have all necessary and proper powers |
297 | for the exercise of the authorities vested in the corporation, |
298 | including, but not limited to, the power to solicit and accept |
299 | donations of funds, property, supplies, or services from |
300 | individuals, foundations, corporations, and other public or |
301 | private entities for the purposes of this section. All funds |
302 | received by the corporation shall be deposited into the |
303 | operating fund authorized under this section unless otherwise |
304 | directed by the Legislature. |
305 | (p) The trustees may, with the written approval of the |
306 | commission and in consultation with the department, designate |
307 | hunting, fishing, and trapping zones and establish additional |
308 | periods when hunting, fishing, or trapping are not permitted for |
309 | reasons of public safety, administration, and the protection and |
310 | enhancement of nongame habitat and nongame species, as defined |
311 | in s. 372.001. |
312 | (6)(a) The corporation may establish and manage an |
313 | operating fund for the purposes of addressing the corporation's |
314 | unique cash-flow needs and facilitating the fiscal management of |
315 | the corporation. The corporation may accumulate and maintain in |
316 | the operating fund at any time a cash balance reserve that is |
317 | equal to not more than 25 percent of its annual operating |
318 | expenses. Upon dissolution of the corporation, any remaining |
319 | cash balances of funds shall revert to the General Revenue Fund, |
320 | or such other state funds consistent with any appropriated |
321 | funding, as provided by law. |
322 | (b) The corporation shall provide for an annual financial |
323 | audit of its accounts and records to be conducted by an |
324 | independent certified public accountant in accordance with rules |
325 | adopted by the Auditor General under s. 11.45. The audit report |
326 | shall be submitted no later than 9 months after the end of the |
327 | fiscal year to the Auditor General, the President of the Senate, |
328 | the Speaker of the House of Representatives, and the appropriate |
329 | substantive and fiscal committees of the Legislature. The |
330 | Auditor General, the Office of Program Policy Analysis and |
331 | Government Accountability, and the substantive or fiscal |
332 | committees of the Legislature to which legislation affecting the |
333 | Babcock Ranch Preserve may be referred may require and receive |
334 | from the corporation or from the independent auditor any records |
335 | relative to the operation of the corporation. |
336 | (c) By January 15 of each year, the corporation shall |
337 | submit to the Board of Trustees of the Internal Improvement |
338 | Trust Fund, the President of the Senate, the Speaker of the |
339 | House of Representatives, the department, and the commission a |
340 | comprehensive and detailed report of its operations, activities, |
341 | and accomplishments for the prior year, including information |
342 | concerning the status of ecological, cultural, and financial |
343 | resources being managed by the corporation, and benefits |
344 | provided by the preserve to local communities. The report must |
345 | also include a section describing the corporation's goals for |
346 | the current year. |
347 | (d) The corporation shall prepare an annual budget with |
348 | the goal of achieving a financially self-sustaining operation |
349 | within 15 full fiscal years after management of the preserve |
350 | begins. The department shall provide necessary assistance, |
351 | including details as necessary, to the corporation for the |
352 | timely formulation and submission of an annual budget request |
353 | for appropriations, if any, to support the administration, |
354 | operation, and maintenance of the preserve. Any request for |
355 | appropriations shall be submitted to the department and shall be |
356 | included in the agency budget request as a line item |
357 | appropriation. Requests for appropriations shall be submitted to |
358 | the agency in time to allow the agency to meet the requirements |
359 | of s. 216.023. The department may not deny a request or refuse |
360 | to include in its annual legislative budget submission a request |
361 | for appropriations from the corporation. |
362 | (e) Notwithstanding any other provision of law, all moneys |
363 | received from donations or from the management of the preserve |
364 | shall be retained by the corporation in the operating fund and |
365 | shall be available, without further appropriation, for the |
366 | administration, preservation, restoration, operation and |
367 | maintenance, improvements, repairs, and related expenses |
368 | incurred with respect to properties being managed by the |
369 | corporation. Except for the reversion of funds appropriated to |
370 | the corporation or as otherwise provided by the Legislature, |
371 | moneys received by the corporation from the management of the |
372 | preserve are not subject to distribution to the state. Upon |
373 | assuming management responsibilities for the preserve, the |
374 | corporation shall optimize the generation of income based on |
375 | existing marketing conditions to the extent that activities do |
376 | not unreasonably diminish the long-term environmental, |
377 | agricultural, scenic, and natural values of the preserve, or the |
378 | multiple-use and sustained-yield capability of the land. |
379 | (f) The corporation may sue and be sued in its own name. |
380 | For purposes of such suits, the residence of the corporation |
381 | shall be the state. The corporation shall be represented by the |
382 | Attorney General in any litigation arising out of activities of |
383 | the corporation, except that the corporation may retain private |
384 | attorneys to provide advice and counsel. |
385 | (g) The corporation shall adopt articles of incorporation |
386 | and bylaws necessary to govern its activities. |
387 | (h) All parties in contract with the corporation and all |
388 | holders of leases from the corporation that are authorized to |
389 | occupy, use, or develop properties under the management |
390 | jurisdiction of the corporation must procure insurance of an |
391 | amount as is reasonable or customary to insure against any loss |
392 | in connection with such properties or with activities authorized |
393 | in such leases or contracts. |
394 | (i) The corporation has the sole and exclusive right to |
395 | use the words "Babcock Ranch, Inc.," and any seal, emblem, or |
396 | other insignia adopted by the trustees. Without the express |
397 | written authority of the corporation, a person may not use the |
398 | words "Babcock Ranch, Inc.," as the name under which that person |
399 | does or purports to do business or for the purpose of trade or |
400 | advertisement, and may not, in any manner, suggest any |
401 | connection with the corporation. |
402 | (j) The corporation may from time to time appoint advisory |
403 | committees to further any part of the provisions of this |
404 | section. The membership of an advisory committee shall be |
405 | reflective of the expertise necessary for the particular |
406 | function for which the committee was created and may include |
407 | public agencies, private entities, and not-for-profit |
408 | conservation and agricultural representatives. |
409 | (7)(a) A comprehensive management plan for the management |
410 | of the preserve and amendments to a comprehensive management |
411 | plan may be developed only with input from the department and |
412 | the commission and may be implemented only by the corporation |
413 | upon expiration of the management agreement executed by Babcock |
414 | Ranch Management LLC, a limited liability company incorporated |
415 | in the state, the Board of Trustees of the Internal Improvement |
416 | Trust Fund, the Fish and Wildlife Conservation Commission, the |
417 | Department of Agriculture and Consumer Services, and Lee County. |
418 | Any final decision of the trustees to adopt or amend a |
419 | comprehensive management plan or to approve any activity related |
420 | to the management of the land or renewable surface resources of |
421 | the preserve shall be made in sessions that are open to the |
422 | public. The trustees shall establish procedures for providing |
423 | adequate public information and opportunities for public comment |
424 | on proposed comprehensive management plans for the preserve or |
425 | for amendments to any comprehensive management plan adopted by |
426 | the trustees. |
427 | (b) Not less than 2 years before the corporation assumes |
428 | management responsibilities for the preserve, the corporation, |
429 | with input from the commission and the department, must begin |
430 | developing a comprehensive management plan for the management of |
431 | land, renewable surface resources, and facilities within the |
432 | preserve to carry out the purposes of this section. To the |
433 | extent consistent with such purposes, the comprehensive |
434 | management plan must provide for: |
435 | 1. The operation of the preserve as a working ranch; |
436 | 2. The protection and preservation of the environmental, |
437 | agricultural, scientific, scenic, geologic, watershed, fish, |
438 | wildlife, historic, cultural, and recreational values of the |
439 | preserve; |
440 | 3. The promotion of high-quality hunting experiences for |
441 | the public, with emphasis on deer, turkey, and other game |
442 | species; |
443 | 4. Multiple use and sustained yield of renewable surface |
444 | resources within the preserve; |
445 | 5. Public use of and access to the preserve for |
446 | recreation; and |
447 | 6. Renewable resource use and management alternatives |
448 | that, to the extent practicable, benefit local communities and |
449 | small businesses and enhance the coordination of management |
450 | objectives with those on surrounding public or private lands. |
451 | Use of renewable resources and management alternatives should |
452 | provide cost savings to the corporation through the exchange of |
453 | services, including, but not limited to, labor and maintenance |
454 | of facilities, for resources or services provided to the |
455 | corporation. |
456 | (c) The corporation shall assume all authority provided by |
457 | this section to manage the preserve upon a determination by the |
458 | Board of Trustees of the Internal Improvement Trust Fund which, |
459 | to the maximum extent practicable, shall be made no later than |
460 | 60 days before the termination of the management agreement |
461 | specified in paragraph (a), that the corporation is able to |
462 | conduct business and that provision has been made for essential |
463 | management services on the preserve. |
464 | (d) Upon assuming management of the preserve, and with |
465 | input from the commission and the department, the corporation |
466 | shall manage the land and resources of the preserve and the use |
467 | thereof, including, but not limited to, such activities as |
468 | administration and operation of the preserve; preservation and |
469 | development of the land and renewable surface resources of the |
470 | preserve; interpretation of the preserve and its history on |
471 | behalf of the public; management, public use, and occupancy of |
472 | facilities and lands within the preserve; and maintenance, |
473 | rehabilitation, repair, and improvement of property within the |
474 | preserve. |
475 | (e) Upon assuming management of the preserve, the |
476 | corporation may develop programs and activities related to the |
477 | management of the preserve and may negotiate directly with and |
478 | enter into such agreements, leases, contracts, and other |
479 | arrangements with any person, firm, association, organization, |
480 | corporation, or governmental entity, including entities of |
481 | federal, state, and local governments, as are necessary and |
482 | appropriate to carry out its authorized activities or fulfill |
483 | the purposes of this section. The corporation shall establish |
484 | procedures for entering into lease agreements and other |
485 | agreements for the use and occupancy of the facilities of the |
486 | preserve. The procedures must ensure reasonable competition and |
487 | set guidelines for determining reasonable fees, terms, and |
488 | conditions for such agreements. |
489 | (8) The corporation may not dispose of any real property |
490 | in the preserve, may not enter into any contract, lease, or |
491 | other agreement related to the use of ground or surface waters |
492 | on or through property titled in the name of the state without |
493 | the consent of the Board of Trustees of the Internal Improvement |
494 | Trust Fund, and must obtain any permits that are required by the |
495 | Department of Environmental Protection and the appropriate water |
496 | management district under chapters 373 and 403. The corporation |
497 | may not convey any easements, and may not enter into any |
498 | contract, lease, or other agreement related to the use and |
499 | occupancy of the property within the preserve, for a period of |
500 | greater than 10 years. Any easements to be conveyed for the use |
501 | of, access to, or ingress and egress across state property |
502 | within the preserve must be executed by the Board of Trustees of |
503 | the Internal Improvement Trust Fund as the owners of the state |
504 | property within the preserve. |
505 | (9) State laws and rules governing the procurement of |
506 | commodities and services by state agencies as provided in s. |
507 | 287.057 apply to the corporation. |
508 | (10) Upon assuming management of the preserve, the |
509 | corporation may assess reasonable fees for admission to, use of, |
510 | and occupancy of the preserve in order to offset the costs of |
511 | operating the preserve as a working ranch. These fees are |
512 | independent of fees assessed by the commission for the privilege |
513 | of hunting, fishing, or pursuing outdoor recreational activities |
514 | within the preserve and shall be deposited into the operating |
515 | fund established by the corporation under the authority provided |
516 | in this section. |
517 | (11) Upon dissolution of the corporation for any reason, |
518 | the management responsibilities provided in this section shall |
519 | revert to the managing agencies designated in the Babcock Ranch |
520 | Florida Forever Act. |
521 | (12) Babcock Ranch, Inc., and its officers and employees |
522 | shall participate in the management of the Babcock Ranch |
523 | Preserve in an advisory capacity only until the management |
524 | agreement executed by Babcock Ranch Management LLC and the Board |
525 | of Trustees of the Internal Improvement Trust Fund, the Fish and |
526 | Wildlife Conservation Commission, the Department of Agriculture |
527 | and Consumer Services, and Lee County is terminated or expires. |
528 | (13) On or before the date on which title to the Babcock |
529 | Ranch Florida Forever Acquisition is vested in the Board of |
530 | Trustees of the Internal Improvement Trust Fund, Babcock Ranch |
531 | Management LLC shall provide the commission and the department |
532 | with the management plan and business plan in place for the |
533 | operation of the ranch as of November 22, 2005, the date on |
534 | which the board of trustees approved the acquisition. |
535 | Section 2. This act shall take effect July 1, 2006. |