| 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 |
|
| 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. |