HB 1347

1
A bill to be entitled
2An act relating to land management; creating s. 259.1053,
3F.S.; creating the Babcock Ranch Preserve Act; providing
4purposes for which the preserve is established; providing
5definitions; creating Babcock Ranch, Inc., a not-for-
6profit corporation incorporated in the state; providing
7that the corporation is subject to the provisions of chs.
8119 and 286, F.S., requiring public records and meetings;
9providing for the corporation to be governed by the
10Babcock Trustees; providing for the appointment of
11trustees and terms of office; prohibiting a trustee from
12voting on any measure that constitutes a conflict of
13interest; providing for the trustees to serve without
14compensation but to receive per diem and travel expenses;
15requiring that each trustee obtain a surety bond of a
16specified amount; authorizing the trustees to appoint
17officers and hire employees; authorizing state agencies to
18provide state employees for purposes of administering the
19Babcock Ranch Preserve; providing certain powers and
20duties of the trustees; providing for the corporation to
21establish and manage an operating fund; requiring an
22annual financial audit of the accounts and records of the
23corporation; requiring annual reports by the corporation
24to the Board of Trustees of the Internal Improvement Trust
25Fund, the Legislature, the Department of Agriculture and
26Consumer Services, and the Fish and Wildlife Conservation
27Commission; requiring that the corporation prepare an
28annual budget; specifying a goal of self-sustaining
29operation within a certain period; providing for the
30corporation to retain donations and other moneys;
31authorizing the corporation to sue and be subject to suit;
32requiring that the corporation adopt articles of
33incorporation and bylaws; requiring insurance; providing
34for the exclusive use of a certain title; authorizing the
35corporation to appoint advisory committees; providing
36requirements for a comprehensive management plan;
37specifying the procedures by which the corporation shall
38assume management authority of the Babcock Ranch Preserve;
39prohibiting the corporation from taking certain actions
40without the consent of the Board of Trustees of the
41Internal Improvement Trust Fund; requiring that the
42corporation be subject to certain state laws and rules
43governing the procurement of commodities and services;
44authorizing the corporation to assess fees; providing for
45reversion of the management responsibilities to certain
46agencies upon the dissolution of the corporation;
47providing for management of the Babcock Ranch Preserve
48until expiration of a current management agreement;
49providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 259.1053, Florida Statutes, is created
54to read:
55     259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
56creation; membership; organization; duties.--
57     (1)  This section may be cited as the "Babcock Ranch
58Preserve Act."
59     (2)(a)  The Babcock Ranch comprises the largest private
60undeveloped single-ownership tract of land in Charlotte County
61and contains historical evidence in the form of old logging
62camps and other artifacts that indicate the importance of this
63land for domesticated livestock production, timber supply, and
64other bonafide agricultural uses.
65     (b)  The careful husbandry of the Babcock Ranch, including
66selective timbering, limited grazing and hunting, and the use of
67prescribed burning, has preserved a mix of healthy range and
68timberland having significant species diversity and providing a
69model for sustainable land development and use.
70     (c)  The Babcock Ranch must be protected for current and
71future generations by continued operation as a working ranch
72under a unique management regime that protects the land and
73resource values of the property and the surrounding ecosystem
74while allowing and providing for the ranch to become financially
75self-sustaining. It is in the public's best interest that the
76management regime for the Babcock Ranch include the development
77of an operational program for appropriate preservation and
78development of the ranch's land and resources. This management
79regime will best be provided through the creation of a nonprofit
80public-private entity that is capable of developing and
81implementing creative methods of public land management that
82will 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
85and facilities acquired in the Babcock Ranch Florida Forever
86Acquisition.
87     (b)  "Babcock Ranch, Inc.," and "corporation" mean the not-
88for-profit corporation authorized and created under this section
89to operate and manage the Babcock Ranch Preserve.
90     (c)  "Babcock Trustees" and "trustees" mean the governing
91board of the not-for-profit corporation created under this
92section.
93     (d)  "Commission" means the Fish and Wildlife Conservation
94Commission.
95     (e)  "Commissioner" means the Commissioner of Agriculture.
96     (f)  "Department" means the Department of Agriculture and
97Consumer Services.
98     (g)  "Executive director" means the executive director of
99the Fish and Wildlife Conservation Commission.
100     (h)  "Financially self-sustaining" means management and
101operation expenditures that are equal to or less than the
102revenues derived from fees and other receipts for resource use
103and development, interest, and invested funds.
104     (i)  "Management and operating expenditures" means expenses
105of the Babcock Trustees, salaries and benefits of staff,
106administrative and operating expenses, improvements to and
107maintenance of lands and facilities of the Babcock Ranch
108Preserve, and other similar expenses. Funds directly
109appropriated by the Legislature to Babcock Ranch, Inc., and
110funds appropriated by the Legislature to the Babcock Ranch,
111Inc., through the Fish and Wildlife Conservation Commission or
112the Department of Agriculture and Consumer Services are not
113management and operating expenditures.
114     (j)  "Multiple use" means the management of all of the
115renewable surface resources of the Babcock Ranch Preserve to
116best meet the needs of the public, including the use of the land
117for some or all of the renewable surface resources or related
118services over areas large enough to allow for periodic
119adjustments in use to conform to the changing needs and
120conditions of the preserve while recognizing that some of the
121land will be used for less than all of the renewable surface
122resources available on that land. The goal of multiple use is
123the harmonious and coordinated management of the renewable
124surface resources, each with the other, without impairing the
125productivity of the land and considering the relative value of
126the renewable surface resources, and not necessarily the
127combination of uses providing the greatest monetary return or
128the greatest unit output.
129     (k)  "Sustained yield of the renewable surface resources"
130means the achievement and maintenance of a high-level annual or
131regular periodic output of the various renewable surface
132resources of the Babcock Ranch Preserve without impairing the
133productivity of the land.
134     (4)(a)  Upon the date of acquisition of the Babcock Ranch,
135there is established the Babcock Ranch Preserve, which shall be
136managed in accordance with the purposes and requirements of this
137section.
138     (b)  The preserve is established to protect and preserve
139the environmental, agricultural, scientific, scenic, geologic,
140watershed, fish, wildlife, historic, cultural, and recreational
141values of the preserve and to provide for the multiple use and
142sustained yield of the renewable surface resources within the
143preserve consistent with this section.
144     (c)  Except for the powers of the commissioner as
145enumerated in this section and the powers of the commission as
146enumerated in s. 9, Art. IV of the State Constitution, the
147preserve shall be managed by the Babcock Ranch, Inc.
148     (d)  This section does not preclude Babcock Ranch, Inc.,
149before assuming management of the preserve and thereafter, from
150allowing the use of common varieties of mineral materials such
151as sand, stone, and gravel as necessary for construction and
152maintenance of roads and facilities within the preserve.
153     (e)  This section does not affect the constitutional
154responsibilities of the commission with respect to fish and
155wildlife, including the regulation of hunting, fishing, and
156trapping within the preserve.
157     (f)  This section does not preclude the maintenance and use
158of roads and trails or the relocation of roads in existence on
159the effective date of this act, or the construction,
160maintenance, and use of new trails, or any motorized access
161necessary for the administration of the land contained within
162the Babcock Ranch Preserve, including motorized access necessary
163for emergencies involving the health or safety of persons within
164the preserve.
165     (5)(a)  The Legislature finds that the public interest of
166this state will be served by the creation of a not-for-profit
167corporation the primary mission of which is the management and
168operation of the Babcock Ranch Preserve. The purpose of the
169corporation is to provide management and administrative services
170for the preserve, to establish and implement management policies
171that will best achieve the purposes and requirements of this
172section, to cooperate with state agencies to further the
173purposes for which the preserve was created, and to establish
174the administrative and accounting procedures for the operation
175of the corporation.
176     (b)  There is created a not-for-profit corporation, to be
177designated as "Babcock Ranch, Inc.," which shall be registered,
178incorporated, organized, and operated in this state and in
179compliance with chapter 617, and which shall not be a unit or
180entity of state government. The Legislature determines, however,
181that public policy dictates that the corporation operate in a
182manner that is consistent with its public purpose and
183specifically declares that the corporation and its governing
184board and advisory committees or similar groups created by the
185corporation, including any not-for-profit subsidiaries, are
186subject to the provisions of chapter 119, relating to public
187records, and those provisions of chapter 286 relating to public
188meetings and records for any meetings of the corporation. The
189corporation may be dissolved only by an act of the Legislature.
190     (c)  The corporation shall be governed by the Babcock
191Trustees, a nine-member governing board, whose members shall be
192appointed to staggered terms by the Board of Trustees of the
193Internal Improvement Trust Fund; the executive director of the
194commission; the Babcock Florida Company, a corporation
195registered to do business in the state, or it successors or
196assigns; the President of the Senate; and the Speaker of the
197House of Representatives, in the following manner:
198     1.  The Board of Trustees of the Internal Improvement Trust
199Fund shall appoint five voting members, at least one of whom
200must be a resident of Charlotte County and at least one of whom
201must be a resident of Lee County. An appointee may not be an
202employee of any governmental entity. One appointee must have
203expertise in aspects of domesticated livestock management,
204production, and marketing, including range management and
205livestock business management. One appointee must have expertise
206in the management of game and nongame wildlife and fish
207populations, including hunting, fishing, and other recreational
208activities. One appointee must have expertise in the sustainable
209management of forest lands for commodity purposes. One appointee
210must have expertise in financial management, budget and program
211analysis, and small business operations. One appointee must be
212active in a not-for-profit conservation organization concerned
213with the activities of the ranch.
214     2.  The executive director shall appoint one voting member
215who has expertise in hunting, fishing, nongame species
216management or wildlife habitat management, restoration, and
217conservation.
218     3.  The Babcock Florida Company, or its successors or
219assigns, shall appoint one voting member who has expertise in
220the activities and management of the Babcock Ranch as of the
221date of acquisition by the state.
222     4.  The President of the Senate and the Speaker of the
223House of Representatives shall each appoint one voting member,
224who shall be a member of the public having expertise in any area
225of ranch operations.
226     (d)  A trustee may not be an officer, a director, or a
227shareholder in any entity that contracts with or receives funds
228from the corporation or its subsidiaries.
229     (e)  A trustee may not vote in an official capacity upon
230any measure that would inure to his or her special private gain
231or loss; that he or she knows would inure to the special private
232gain or loss of any principal by whom he or she is retained or
233to the parent organization or subsidiary of a principal by which
234he or she is retained; or that he or she knows would inure to
235the special private gain or loss of a relative or business
236associate of the trustee. Such trustee shall, before the vote is
237taken, publicly state the nature of the trustee's interest in
238the matter from which he or she is abstaining from voting and,
239no later than 15 days after the vote occurs, disclose the nature
240of his or her interest as a public record in a memorandum filed
241with the person responsible for recording the minutes of the
242meeting, who shall incorporate the memorandum in the minutes.
243     (f)  The Board of Trustees of the Internal Improvement
244Trust Fund and the executive director shall make the initial
245appointments of the Babcock Trustees no later than 90 days after
246the initial acquisition of the Babcock Ranch by the state. Four
247trustees initially appointed by the Board of Trustees of the
248Internal Improvement Trust Fund shall each be appointed to a 4-
249year term. The remaining initial appointees shall each be
250appointed to a 2-year term.
251     (g)  Each trustee appointed after the initial appointments
252made by the Board of Trustees of the Internal Improvement Trust
253Fund and the executive director shall be appointed to a 4-year
254term. Any vacancy among the trustees shall be filled in the same
255manner as the original appointment, and any trustee appointed to
256fill a vacancy shall be appointed for the remainder of that
257term. However, a trustee may not serve more than 8 years in
258consecutive terms.
259     (h)  A member of the Babcock Trustees may be removed for
260cause by the official who appointed that member. Absence from
261three consecutive meetings results in automatic removal.
262     (i)  A majority of the trustees constitutes a quorum for
263the purpose of conducting business, and the governing board may
264take official action by a majority vote of the members present
265at any meeting at which a quorum is present.
266     (j)  The trustees shall serve without compensation, but are
267entitled to receive from funds of the corporation reimbursement
268for per diem and travel expenses as provided by s. 112.061.
269     (k)  There shall be no liability on the part of, and no
270cause of action shall arise against, any member of the Babcock
271Trustees, or the employees or agents of the corporation, for any
272action taken in the performance of powers and duties under this
273section.
274     (l)  Each trustee, no later than 30 days after accepting an
275appointment, must give the Board of Trustees of the Internal
276Improvement Trust Fund a good and sufficient surety bond in the
277sum of $5,000, the cost thereof being borne by the corporation,
278conditioned on the trustee's faithful performance of his or her
279duties as a member of the governing board of Babcock Ranch, Inc.
280     (m)  The trustees shall elect a chair from among their
281membership, and may appoint and fix the compensation and duties
282of an executive director of the corporation and such other
283officers and employees as the trustees consider necessary.
284Except as provided in this section, officers and employees of
285the corporation are not employees of the state but are private
286employees. At the request of the trustees, the state may provide
287state employees for the purpose of implementing this section.
288Any state employee provided to assist the trustees of the
289corporation in implementing the requirements of this section for
290more than 30 days shall be provided on a reimbursable basis.
291     (n)  The trustees shall meet, at the call of the chair, at
292least three times per year in Charlotte County or Lee County in
293sessions that are open to the public.
294     (o)  Except for the constitutional powers of the commission
295as provided in s. 9, Art. IV of the State Constitution, the
296trustees of the corporation have all necessary and proper powers
297for the exercise of the authorities vested in the corporation,
298including, but not limited to, the power to solicit and accept
299donations of funds, property, supplies, or services from
300individuals, foundations, corporations, and other public or
301private entities for the purposes of this section. All funds
302received by the corporation shall be deposited into the
303operating fund authorized under this section unless otherwise
304directed by the Legislature.
305     (p)  The trustees may, with the written approval of the
306commission and in consultation with the department, designate
307hunting, fishing, and trapping zones and establish additional
308periods when hunting, fishing, or trapping are not permitted for
309reasons of public safety, administration, and the protection and
310enhancement of nongame habitat and nongame species, as defined
311in s. 372.001.
312     (6)(a)  The corporation may establish and manage an
313operating fund for the purposes of addressing the corporation's
314unique cash-flow needs and facilitating the fiscal management of
315the corporation. The corporation may accumulate and maintain in
316the operating fund at any time a cash balance reserve that is
317equal to not more than 25 percent of its annual operating
318expenses. Upon dissolution of the corporation, any remaining
319cash balances of funds shall revert to the General Revenue Fund,
320or such other state funds consistent with any appropriated
321funding, as provided by law.
322     (b)  The corporation shall provide for an annual financial
323audit of its accounts and records to be conducted by an
324independent certified public accountant in accordance with rules
325adopted by the Auditor General under s. 11.45. The audit report
326shall be submitted no later than 9 months after the end of the
327fiscal year to the Auditor General, the President of the Senate,
328the Speaker of the House of Representatives, and the appropriate
329substantive and fiscal committees of the Legislature. The
330Auditor General, the Office of Program Policy Analysis and
331Government Accountability, and the substantive or fiscal
332committees of the Legislature to which legislation affecting the
333Babcock Ranch Preserve may be referred may require and receive
334from the corporation or from the independent auditor any records
335relative to the operation of the corporation.
336     (c)  By January 15 of each year, the corporation shall
337submit to the Board of Trustees of the Internal Improvement
338Trust Fund, the President of the Senate, the Speaker of the
339House of Representatives, the department, and the commission a
340comprehensive and detailed report of its operations, activities,
341and accomplishments for the prior year, including information
342concerning the status of ecological, cultural, and financial
343resources being managed by the corporation, and benefits
344provided by the preserve to local communities. The report must
345also include a section describing the corporation's goals for
346the current year.
347     (d)  The corporation shall prepare an annual budget with
348the goal of achieving a financially self-sustaining operation
349within 15 full fiscal years after management of the preserve
350begins. The department shall provide necessary assistance,
351including details as necessary, to the corporation for the
352timely formulation and submission of an annual budget request
353for appropriations, if any, to support the administration,
354operation, and maintenance of the preserve. Any request for
355appropriations shall be submitted to the department and shall be
356included in the agency budget request as a line item
357appropriation. Requests for appropriations shall be submitted to
358the agency in time to allow the agency to meet the requirements
359of s. 216.023. The department may not deny a request or refuse
360to include in its annual legislative budget submission a request
361for appropriations from the corporation.
362     (e)  Notwithstanding any other provision of law, all moneys
363received from donations or from the management of the preserve
364shall be retained by the corporation in the operating fund and
365shall be available, without further appropriation, for the
366administration, preservation, restoration, operation and
367maintenance, improvements, repairs, and related expenses
368incurred with respect to properties being managed by the
369corporation. Except for the reversion of funds appropriated to
370the corporation or as otherwise provided by the Legislature,
371moneys received by the corporation from the management of the
372preserve are not subject to distribution to the state. Upon
373assuming management responsibilities for the preserve, the
374corporation shall optimize the generation of income based on
375existing marketing conditions to the extent that activities do
376not unreasonably diminish the long-term environmental,
377agricultural, scenic, and natural values of the preserve, or the
378multiple-use and sustained-yield capability of the land.
379     (f)  The corporation may sue and be sued in its own name.
380For purposes of such suits, the residence of the corporation
381shall be the state. The corporation shall be represented by the
382Attorney General in any litigation arising out of activities of
383the corporation, except that the corporation may retain private
384attorneys to provide advice and counsel.
385     (g)  The corporation shall adopt articles of incorporation
386and bylaws necessary to govern its activities.
387     (h)  All parties in contract with the corporation and all
388holders of leases from the corporation that are authorized to
389occupy, use, or develop properties under the management
390jurisdiction of the corporation must procure insurance of an
391amount as is reasonable or customary to insure against any loss
392in connection with such properties or with activities authorized
393in such leases or contracts.
394     (i)  The corporation has the sole and exclusive right to
395use the words "Babcock Ranch, Inc.," and any seal, emblem, or
396other insignia adopted by the trustees. Without the express
397written authority of the corporation, a person may not use the
398words "Babcock Ranch, Inc.," as the name under which that person
399does or purports to do business or for the purpose of trade or
400advertisement, and may not, in any manner, suggest any
401connection with the corporation.
402     (j)  The corporation may from time to time appoint advisory
403committees to further any part of the provisions of this
404section. The membership of an advisory committee shall be
405reflective of the expertise necessary for the particular
406function for which the committee was created and may include
407public agencies, private entities, and not-for-profit
408conservation and agricultural representatives.
409     (7)(a)  A comprehensive management plan for the management
410of the preserve and amendments to a comprehensive management
411plan may be developed only with input from the department and
412the commission and may be implemented only by the corporation
413upon expiration of the management agreement executed by Babcock
414Ranch Management LLC, a limited liability company incorporated
415in the state, the Board of Trustees of the Internal Improvement
416Trust Fund, the Fish and Wildlife Conservation Commission, the
417Department of Agriculture and Consumer Services, and Lee County.
418Any final decision of the trustees to adopt or amend a
419comprehensive management plan or to approve any activity related
420to the management of the land or renewable surface resources of
421the preserve shall be made in sessions that are open to the
422public. The trustees shall establish procedures for providing
423adequate public information and opportunities for public comment
424on proposed comprehensive management plans for the preserve or
425for amendments to any comprehensive management plan adopted by
426the trustees.
427     (b)  Not less than 2 years before the corporation assumes
428management responsibilities for the preserve, the corporation,
429with input from the commission and the department, must begin
430developing a comprehensive management plan for the management of
431land, renewable surface resources, and facilities within the
432preserve to carry out the purposes of this section. To the
433extent consistent with such purposes, the comprehensive
434management plan must provide for:
435     1.  The operation of the preserve as a working ranch;
436     2.  The protection and preservation of the environmental,
437agricultural, scientific, scenic, geologic, watershed, fish,
438wildlife, historic, cultural, and recreational values of the
439preserve;
440     3.  The promotion of high-quality hunting experiences for
441the public, with emphasis on deer, turkey, and other game
442species;
443     4.  Multiple use and sustained yield of renewable surface
444resources within the preserve;
445     5.  Public use of and access to the preserve for
446recreation; and
447     6.  Renewable resource use and management alternatives
448that, to the extent practicable, benefit local communities and
449small businesses and enhance the coordination of management
450objectives with those on surrounding public or private lands.
451Use of renewable resources and management alternatives should
452provide cost savings to the corporation through the exchange of
453services, including, but not limited to, labor and maintenance
454of facilities, for resources or services provided to the
455corporation.
456     (c)  The corporation shall assume all authority provided by
457this section to manage the preserve upon a determination by the
458Board of Trustees of the Internal Improvement Trust Fund which,
459to the maximum extent practicable, shall be made no later than
46060 days before the termination of the management agreement
461specified in paragraph (a), that the corporation is able to
462conduct business and that provision has been made for essential
463management services on the preserve.
464     (d)  Upon assuming management of the preserve, and with
465input from the commission and the department, the corporation
466shall manage the land and resources of the preserve and the use
467thereof, including, but not limited to, such activities as
468administration and operation of the preserve; preservation and
469development of the land and renewable surface resources of the
470preserve; interpretation of the preserve and its history on
471behalf of the public; management, public use, and occupancy of
472facilities and lands within the preserve; and maintenance,
473rehabilitation, repair, and improvement of property within the
474preserve.
475     (e)  Upon assuming management of the preserve, the
476corporation may develop programs and activities related to the
477management of the preserve and may negotiate directly with and
478enter into such agreements, leases, contracts, and other
479arrangements with any person, firm, association, organization,
480corporation, or governmental entity, including entities of
481federal, state, and local governments, as are necessary and
482appropriate to carry out its authorized activities or fulfill
483the purposes of this section. The corporation shall establish
484procedures for entering into lease agreements and other
485agreements for the use and occupancy of the facilities of the
486preserve. The procedures must ensure reasonable competition and
487set guidelines for determining reasonable fees, terms, and
488conditions for such agreements.
489     (8)  The corporation may not dispose of any real property
490in the preserve, may not enter into any contract, lease, or
491other agreement related to the use of ground or surface waters
492on or through property titled in the name of the state without
493the consent of the Board of Trustees of the Internal Improvement
494Trust Fund, and must obtain any permits that are required by the
495Department of Environmental Protection and the appropriate water
496management district under chapters 373 and 403. The corporation
497may not convey any easements, and may not enter into any
498contract, lease, or other agreement related to the use and
499occupancy of the property within the preserve, for a period of
500greater than 10 years. Any easements to be conveyed for the use
501of, access to, or ingress and egress across state property
502within the preserve must be executed by the Board of Trustees of
503the Internal Improvement Trust Fund as the owners of the state
504property within the preserve.
505     (9)  State laws and rules governing the procurement of
506commodities and services by state agencies as provided in s.
507287.057 apply to the corporation.
508     (10)  Upon assuming management of the preserve, the
509corporation may assess reasonable fees for admission to, use of,
510and occupancy of the preserve in order to offset the costs of
511operating the preserve as a working ranch. These fees are
512independent of fees assessed by the commission for the privilege
513of hunting, fishing, or pursuing outdoor recreational activities
514within the preserve and shall be deposited into the operating
515fund established by the corporation under the authority provided
516in this section.
517     (11)  Upon dissolution of the corporation for any reason,
518the management responsibilities provided in this section shall
519revert to the managing agencies designated in the Babcock Ranch
520Florida Forever Act.
521     (12)  Babcock Ranch, Inc., and its officers and employees
522shall participate in the management of the Babcock Ranch
523Preserve in an advisory capacity only until the management
524agreement executed by Babcock Ranch Management LLC and the Board
525of Trustees of the Internal Improvement Trust Fund, the Fish and
526Wildlife Conservation Commission, the Department of Agriculture
527and Consumer Services, and Lee County is terminated or expires.
528     (13)  On or before the date on which title to the Babcock
529Ranch Florida Forever Acquisition is vested in the Board of
530Trustees of the Internal Improvement Trust Fund, Babcock Ranch
531Management LLC shall provide the commission and the department
532with the management plan and business plan in place for the
533operation of the ranch as of November 22, 2005, the date on
534which the board of trustees approved the acquisition.
535     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.