1 | The Environmental Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to land management; creating s. 259.1053, |
7 | F.S.; creating the Babcock Ranch Preserve Act; providing a |
8 | short title; providing definitions; creating Babcock |
9 | Ranch, Inc., a not-for-profit corporation to be |
10 | incorporated in the state; providing that the corporation |
11 | shall act as an instrumentality of the state for purposes |
12 | of sovereign immunity under s. 768.28, F.S.; providing |
13 | that the corporation shall not be an agency under s. |
14 | 20.03, F.S.; providing that the corporation is subject to |
15 | the provisions of chs. 119 and 286, F.S.; requiring public |
16 | records and meetings; providing for the corporation to be |
17 | governed by the Babcock board of directors; providing for |
18 | the appointment of board members and terms of office; |
19 | prohibiting any board member from voting on any measure |
20 | that constitutes a conflict of interest; providing for the |
21 | board members to serve without compensation, but to |
22 | receive per diem and travel expenses; authorizing state |
23 | agencies to provide state employees for purposes of |
24 | implementing the Babcock Ranch Preserve; providing certain |
25 | powers and duties of the corporation; providing |
26 | limitations on the powers and duties of the corporation; |
27 | providing that the corporation and its subsidiaries must |
28 | provide equal employment opportunities; providing for the |
29 | corporation to establish and manage an operating fund; |
30 | requiring an annual financial audit of the accounts and |
31 | records of the corporation; requiring annual reports by |
32 | the corporation to the Board of Trustees of the Internal |
33 | Improvement Trust Fund, the Legislature, the Department of |
34 | Agriculture and Consumer Services, and the Fish and |
35 | Wildlife Conservation Commission; requiring that the |
36 | corporation prepare an annual budget; specifying a goal of |
37 | self-sustaining operation within a certain period; |
38 | providing for the corporation to retain donations and |
39 | other moneys; requiring that the corporation adopt |
40 | articles of incorporation and bylaws subject to the |
41 | approval of the Board of Trustees of the Internal |
42 | Improvement Trust Fund; authorizing the corporation to |
43 | appoint advisory committees; providing requirements for a |
44 | comprehensive business plan; specifying the procedures by |
45 | which the corporation shall assume the management and |
46 | operation of the Babcock Ranch Preserve; prohibiting the |
47 | corporation from taking certain actions without the |
48 | consent of the Board of Trustees of the Internal |
49 | Improvement Trust Fund; requiring that the corporation be |
50 | subject to certain state laws and rules governing the |
51 | procurement of commodities and services; authorizing the |
52 | corporation to assess fees; providing for management of |
53 | the Babcock Ranch Preserve until expiration of a current |
54 | management agreement; providing for reversion of the |
55 | management and operation responsibilities to certain |
56 | agencies upon the dissolution of the corporation; |
57 | providing that the corporation may be dissolved only by an |
58 | act of the Legislature; providing for reversion of funds |
59 | upon the dissolution of the corporation; providing a |
60 | contingent effective date. |
61 |
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62 | WHEREAS, the Babcock Ranch comprises the largest private |
63 | undeveloped single-ownership tract of land in Charlotte County |
64 | and contains historical evidence in the form of old logging |
65 | camps and other artifacts that indicate the importance of this |
66 | land for domesticated livestock production, timber supply, and |
67 | other bona fide agricultural uses, and |
68 | WHEREAS, the careful husbandry of the Babcock Ranch, |
69 | including selective timbering, limited grazing and hunting, and |
70 | the use of prescribed burning, has preserved a mix of healthy |
71 | range and timberland with significant species diversity and |
72 | provides a model for sustainable land development and use, and |
73 | WHEREAS, the Babcock Ranch must be protected for current |
74 | and future generations by continued operation as a working ranch |
75 | under a unique management regime that protects the land and |
76 | resource values of the property and the surrounding ecosystem |
77 | while allowing and providing for the ranch to become financially |
78 | self-sustaining, and |
79 | WHEREAS, it is in the public's best interest that the |
80 | management regime for the Babcock Ranch include the development |
81 | of an operational program for appropriate preservation and |
82 | development of the ranch's land and resources, and |
83 | WHEREAS, the public's interest will be served by the |
84 | creation of a not-for-profit corporation to develop and |
85 | implement environmentally sensitive, cost-effective, and |
86 | creative methods to manage and operate a working ranch, NOW, |
87 | THEREFORE, |
88 |
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89 | Be It Enacted by the Legislature of the State of Florida: |
90 |
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91 | Section 1. Section 259.1053, Florida Statutes, is created |
92 | to read: |
93 | 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; |
94 | creation; membership; organization; meetings.-- |
95 | (1) SHORT TITLE.--This section may be cited as the |
96 | "Babcock Ranch Preserve Act." |
97 | (2) DEFINITIONS.--As used in this section, the term: |
98 | (a) "Babcock Ranch Preserve" and "preserve" mean the lands |
99 | and facilities acquired in the purchase of the Babcock Crescent |
100 | B Ranch, as provided in s. 259.1052. |
101 | (b) "Babcock Ranch, Inc." and "corporation" mean the not- |
102 | for-profit corporation created under this section to operate and |
103 | manage the Babcock Ranch Preserve as a working ranch. |
104 | (c) "Board of directors" means the governing board of the |
105 | not-for-profit corporation created under this section. |
106 | (d) "Commission" means the Fish and Wildlife Conservation |
107 | Commission. |
108 | (e) "Commissioner" means the Commissioner of Agriculture. |
109 | (f) "Department" means the Department of Agriculture and |
110 | Consumer Services. |
111 | (g) "Executive director" means the executive director of |
112 | the Fish and Wildlife Conservation Commission. |
113 | (h) "Financially self-sustaining" means management and |
114 | operation expenditures not more than the revenues collected from |
115 | fees and other receipts for resource use and development and |
116 | from interest and invested funds. |
117 | (i) "Management and operating expenditures" means expenses |
118 | of the corporation, including, but not limited to, salaries and |
119 | benefits of officers and staff, administrative and operating |
120 | expenses, costs for improvements to and maintenance of lands and |
121 | facilities of the Babcock Ranch Preserve, and other similar |
122 | expenses. Such expenditures shall be made from revenues |
123 | generated from the operation of the ranch and not from funds |
124 | appropriated by the Legislature except as provided in this |
125 | section. |
126 | (j) "Member" means a person appointed to the board of |
127 | directors of the not-for-profit corporation created under this |
128 | section. |
129 | (k) "Multiple use" means the management of all of the |
130 | renewable surface resources of the Babcock Ranch Preserve to |
131 | best meet the needs of the public, including the use of the land |
132 | for some or all of the renewable surface resources or related |
133 | services over areas large enough to allow for periodic |
134 | adjustments in use to conform to the changing needs and |
135 | conditions of the preserve while recognizing that a portion of |
136 | the land will be used for some of the renewable surface |
137 | resources available on that land. The goal of multiple use is |
138 | the harmonious and coordinated management of the renewable |
139 | surface resources without impairing the productivity of the land |
140 | and considering the relative value of the renewable surface |
141 | resources, and not necessarily a combination of uses to provide |
142 | the greatest monetary return or the greatest unit output. |
143 | (l) "Sustained yield of the renewable surface resources" |
144 | means the achievement and maintenance of a high level of annual |
145 | or regular periodic output of the various renewable surface |
146 | resources of the preserve without impairing the productivity of |
147 | the land. |
148 | (3) CREATION OF BABCOCK RANCH PRESERVE.-- |
149 | (a) The acquisition of the Babcock Crescent B Ranch by the |
150 | Board of Trustees of the Internal Improvement Trust Fund is a |
151 | conservation acquisition under the Florida Forever program |
152 | created under s. 259.105, with a goal of sustaining the |
153 | ecological and economic integrity of the property being acquired |
154 | while allowing the business of the ranch to operate and prosper. |
155 | (b) Upon the date of acquisition of the Babcock Crescent B |
156 | Ranch, there is created the Babcock Ranch Preserve, which shall |
157 | be managed in accordance with the purposes and requirements of |
158 | this section. |
159 | (c) The preserve is established to protect and preserve |
160 | the environmental, agricultural, scientific, scenic, geologic, |
161 | watershed, fish, wildlife, historic, cultural, and recreational |
162 | values of the preserve, and to provide for the multiple use and |
163 | sustained yield of the renewable surface resources within the |
164 | preserve consistent with this section. |
165 | (d) Babcock Ranch, Inc., and its officers and employees |
166 | shall participate in the management of the Babcock Ranch |
167 | Preserve in an advisory capacity only until the management |
168 | agreement referenced in paragraph (10)(a) is terminated or |
169 | expires. |
170 | (e) Nothing in this section shall preclude Babcock Ranch, |
171 | Inc., prior to assuming management and operation of the preserve |
172 | and thereafter, from allowing the use of common varieties of |
173 | mineral materials such as sand, stone, and gravel for |
174 | construction and maintenance of roads and facilities within the |
175 | preserve. |
176 | (f) Nothing in this section shall be construed as |
177 | affecting the constitutional responsibilities of the commission |
178 | in the exercise of its regulatory and executive power with |
179 | respect to wild animal life and freshwater aquatic life, |
180 | including the regulation of hunting, fishing, and trapping |
181 | within the preserve. |
182 | (g) Nothing in this section shall be construed to |
183 | interfere with or prevent the ability of Babcock Ranch, Inc., to |
184 | implement agricultural practices authorized by the agricultural |
185 | land use designations established in the local comprehensive |
186 | plans of either Charlotte County or Lee County as those plans |
187 | apply to the Babcock Ranch Preserve. |
188 | (h) To clarify the responsibilities of the lead managing |
189 | agencies and the not-for-profit corporation created under this |
190 | section, the lead managing agencies are directed to establish a |
191 | range of resource protection values for the Babcock Ranch |
192 | Preserve, and the corporation shall establish operational |
193 | parameters to conduct the business of the ranch within the range |
194 | of values. The corporation shall establish a range of |
195 | operational values to conduct the business of the ranch, and the |
196 | lead managing agencies providing ground support to the ranch |
197 | outside of each agency's jurisdictional responsibilities shall |
198 | establish management parameters within that range of values. |
199 | (i) Nothing in this section shall preclude the maintenance |
200 | and use of roads and trails or the relocation of roads in |
201 | existence on the effective date of this section, or the |
202 | construction, maintenance, and use of new trails, or any |
203 | motorized access necessary for the administration of the land |
204 | contained within the preserve, including motorized access |
205 | necessary for emergencies involving the health or safety of |
206 | persons within the preserve. |
207 | (4) CREATION OF BABCOCK RANCH, INCORPORATED.-- |
208 | (a) There is created a not-for-profit corporation, to be |
209 | known as Babcock Ranch, Inc., which shall be registered, |
210 | incorporated, organized, and operated in compliance with the |
211 | provisions of chapter 617, and which shall not be a unit or |
212 | entity of state government. For purposes of sovereign immunity, |
213 | the corporation shall be a corporation primarily acting as an |
214 | instrumentality of the state but otherwise shall not be an |
215 | agency within the meaning of s. 20.03(11) or a unit or entity of |
216 | state government. |
217 | (b) The corporation is organized on a nonstock basis and |
218 | shall operate in a manner consistent with its public purpose and |
219 | in the best interest of the state. |
220 | (c) Meetings and records of the corporation, its |
221 | directors, advisory committees, or similar groups created by the |
222 | corporation, including any not-for-profit subsidiaries, are |
223 | subject to the public records provisions of chapter 119 and the |
224 | public meetings and records provisions of s. 286.011. |
225 | (5) APPLICABILITY OF SECTION.--In any conflict between a |
226 | provision of this section and a provision of chapter 617, the |
227 | provisions of this section shall prevail. |
228 | (6) PURPOSE.--The purpose of Babcock Ranch, Inc., is to |
229 | provide management and administrative services for the preserve, |
230 | to establish and implement management policies that will achieve |
231 | the purposes and requirements of this section, to cooperate with |
232 | state agencies to further the purposes of the preserve, and to |
233 | establish the administrative and accounting procedures for the |
234 | operation of the corporation. |
235 | (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The |
236 | corporation shall be governed by a nine-member board of |
237 | directors who shall be appointed by the Board of Trustees of the |
238 | Internal Improvement Trust Fund; the executive director of the |
239 | commission; the commissioner; the Babcock Florida Company, a |
240 | corporation registered to do business in the state, or its |
241 | successors or assigns; the Charlotte County Board of County |
242 | Commissioners; and the Lee County Board of County Commissioners |
243 | in the following manner: |
244 | (a)1. The Board of Trustees of the Internal Improvement |
245 | Trust Fund shall appoint four members. No appointee shall be an |
246 | employee of any governmental entity. One appointee shall have |
247 | expertise in domesticated livestock management, production, and |
248 | marketing, including range management and livestock business |
249 | management. One appointee shall have expertise in the management |
250 | of game and nongame wildlife and fish populations, including |
251 | hunting, fishing, and other recreational activities. One |
252 | appointee shall have expertise in the sustainable management of |
253 | forest lands for commodity purposes. One appointee shall have |
254 | expertise in financial management, budget and program analysis, |
255 | and small business operations. |
256 | 2. The executive director shall appoint one member with |
257 | expertise in hunting; fishing; nongame species management; or |
258 | wildlife habitat management, restoration, and conservation. |
259 | 3. The commissioner shall appoint one member with |
260 | expertise in agricultural operations or forestry management. |
261 | 4. The Babcock Florida Company, its successors or assigns, |
262 | shall appoint one member with expertise in the activities and |
263 | management of the Babcock Ranch on the date of acquisition of |
264 | the ranch by the state as provided under s. 259.1052. This |
265 | appointee shall serve on the board of directors only until the |
266 | termination of or expiration of the management agreement |
267 | attached as Exhibit "E" to that certain Agreement for Sale and |
268 | Purchase approved by the Board of Trustees of the Internal |
269 | Improvement Trust Fund on November 22, 2005, and by Lee County, |
270 | a political subdivision of the state, on November 20, 2005. Upon |
271 | termination of or expiration of the management agreement, the |
272 | person serving as the head of the property owners' association, |
273 | if any, required to be created under the agreement for sale and |
274 | purchase shall serve as a member of the Board of Directors of |
275 | Babcock Ranch, Inc. |
276 | 5. The Charlotte County Board of County Commissioners |
277 | shall appoint one member who shall be a resident of the county |
278 | and who shall be active in an organization concerned with the |
279 | activities of the ranch. |
280 | 6. The Lee County Board of County Commissioners shall |
281 | appoint one member who shall be a resident of the county and who |
282 | shall have experience in land conservation and management. This |
283 | appointee, or a successor appointee, shall serve as a member of |
284 | the board of directors so long as the county participates in the |
285 | state land management plan. |
286 | (b) All members of the board of directors shall be |
287 | appointed no later 90 days following the initial acquisition of |
288 | the Babcock Ranch by the state, and |
289 | 1. Four members initially appointed by the Board of |
290 | Trustees of the Internal Improvement Trust Fund shall each serve |
291 | a 4-year term. |
292 | 2. The remaining initial five appointees shall each serve |
293 | a 2-year term. |
294 | 3. Each member appointed thereafter shall serve a 4-year |
295 | term. |
296 | 4. A vacancy shall be filled in the same manner in which |
297 | the original appointment was made, and a member appointed to |
298 | fill a vacancy shall serve for the remainder of that term. |
299 | 5. No member may serve more than 8 years in consecutive |
300 | terms. |
301 | (c) With the exception of the Babcock Florida Company |
302 | appointee, no member may be an officer, director, or shareholder |
303 | in any entity that contracts with or receives funds from the |
304 | corporation or its subsidiaries. |
305 | (d) No member shall vote in an official capacity upon any |
306 | measure that would inure to his or her special private gain or |
307 | loss, that he or she knows would inure to the special private |
308 | gain or loss of any principal by whom he or she is retained or |
309 | to the parent organization or subsidiary of a principal by which |
310 | he or she is retained, or that he or she knows would inure to |
311 | the special private gain or loss of a relative or business |
312 | associate of the member. Such member shall, prior to the vote |
313 | being taken, publicly state the nature of his or her interest in |
314 | the matter from which he or she is abstaining from voting and, |
315 | no later than 15 days following the date the vote occurs, shall |
316 | disclose the nature of his or her interest as a public record in |
317 | a memorandum filed with the person responsible for recording the |
318 | minutes of the meeting, who shall incorporate the memorandum in |
319 | the minutes of the meeting. |
320 | (e) Each member of the board of directors is accountable |
321 | for the proper performance of the duties of office, and each |
322 | member owes a fiduciary duty to the people of the state to |
323 | ensure that funds provided in furtherance of this section are |
324 | disbursed and used as prescribed by law and contract. Any |
325 | official appointing a member may remove that member for |
326 | malfeasance, misfeasance, neglect of duty, incompetence, |
327 | permanent inability to perform official duties, unexcused |
328 | absence from three consecutive meetings of the board, arrest or |
329 | indictment for a crime that is a felony or misdemeanor involving |
330 | theft or a crime of dishonesty, or pleading nolo contendere to, |
331 | or being found guilty of, any crime. |
332 | (f) Each member of the board of directors shall serve |
333 | without compensation, but shall receive travel and per diem |
334 | expenses as provided in s. 112.061 while in the performance of |
335 | his or her duties. |
336 | (8) ORGANIZATION; MEETINGS.-- |
337 | (a)1. The board of directors shall annually elect a |
338 | chairperson and a vice chairperson from among the board's |
339 | members. The members may, by a vote of five of the nine board |
340 | members, remove a member from the position of chairperson or |
341 | vice chairperson prior to the expiration of his or her term as |
342 | chairperson or vice chairperson. His or her successor shall be |
343 | elected to serve for the balance of the removed chairperson's or |
344 | vice chairperson's term. |
345 | 2. The chairperson shall ensure that records are kept of |
346 | the proceedings of the board of directors and is the custodian |
347 | of all books, documents, and papers filed with the board, the |
348 | minutes of meetings of the board, and the official seal of the |
349 | corporation. |
350 | (b)1. The board of directors shall meet upon the call of |
351 | the chairperson at least three times per year in Charlotte |
352 | County or in Lee County. |
353 | 2. A majority of the members of the board of directors |
354 | constitutes a quorum. Except as otherwise provided in this |
355 | section, the board of directors may take official action by a |
356 | majority of the members present at any meeting at which a quorum |
357 | is present. Members may not vote by proxy. |
358 | (9) POWERS AND DUTIES.-- |
359 | (a) The board of directors shall adopt articles of |
360 | incorporation and bylaws necessary to govern its activities. The |
361 | adopted articles of incorporation and bylaws must be approved by |
362 | the Board of Trustees of the Internal Improvement Trust Fund |
363 | prior to filing with the Department of State. |
364 | (b) The board of directors shall review and approve any |
365 | management plan developed pursuant to ss. 253.034 and 259.032 |
366 | for the management of lands in the preserve prior to the |
367 | submission of that plan to the Board of Trustees of the Internal |
368 | Improvement Trust Fund for approval and implementation. |
369 | (c)1. Except for the constitutional powers of the |
370 | commission as provided in s. 9, Art. IV, of the State |
371 | Constitution, the board of directors shall have all necessary |
372 | and proper powers for the exercise of the authority vested in |
373 | the corporation, including, but not limited to, the power to |
374 | solicit and accept donations of funds, property, supplies, or |
375 | services from individuals, foundations, corporations, and other |
376 | public or private entities for the purposes of this section. All |
377 | funds received by the corporation shall be deposited into the |
378 | operating fund authorized under this section unless otherwise |
379 | directed by the Legislature. |
380 | 2. The board of directors may not increase the number of |
381 | its members. |
382 | 3. The corporation may not purchase, take, receive, lease, |
383 | take by gift, devise, or bequest, or otherwise acquire, own, |
384 | hold, improve, use, or otherwise deal in and with real property, |
385 | or any interest therein, wherever situated. |
386 | 4. The corporation may not sell, convey, mortgage, pledge, |
387 | lease, exchange, transfer, or otherwise dispose of any real |
388 | property. |
389 | 5. The corporation may not purchase, take, receive, |
390 | subscribe for, or otherwise acquire, own, hold, vote, use, |
391 | employ, sell, mortgage, lend, pledge, or otherwise dispose of, |
392 | or otherwise use and deal in and with, shares and other |
393 | interests in, or obligations of, other domestic or foreign |
394 | corporations, whether for profit or not for profit, |
395 | associations, partnerships, or individuals, or direct or |
396 | indirect obligations of the United States or of any other |
397 | government, state, territory, government district, municipality, |
398 | or any instrumentality thereof. |
399 | 6. The corporation may not lend money for its corporate |
400 | purposes, invest and reinvest its funds, and take and hold real |
401 | and personal property as security for the payment of funds lent |
402 | or invested. |
403 | 7. The corporation may not merge with other corporations |
404 | or other business entities. |
405 | 8. The corporation may not enter into any contract, lease, |
406 | or other agreement related to the use of ground or surface |
407 | waters located in, on, or through the preserve without the |
408 | consent of the Board of Trustees of the Internal Improvement |
409 | Trust Fund and permits that may be required by the Department of |
410 | Environmental Protection or the appropriate water management |
411 | district under chapters 373 and 403. |
412 | 9. The corporation may not grant any easements in, on, or |
413 | across the preserve. Any easements to be granted for the use of, |
414 | access to, or ingress and egress across state property within |
415 | the preserve must be executed by the Board of Trustees of the |
416 | Internal Improvement Trust Fund as the owners of the state |
417 | property within the preserve. Any easements to be granted for |
418 | the use of, access to, or ingress and egress across property |
419 | within the preserve titled in the name of a local government |
420 | must be granted by the governing body of that local government. |
421 | 10. The corporation may not enter into any contract, |
422 | lease, or other agreement related to the use and occupancy of |
423 | the property within the preserve for a period of greater than 10 |
424 | years. |
425 | (c) The members may, with the written approval of the |
426 | commission and in consultation with the department, designate |
427 | hunting, fishing, and trapping zones and may establish |
428 | additional periods when no hunting, fishing, or trapping shall |
429 | be permitted for reasons of public safety, administration, and |
430 | the protection and enhancement of nongame habitat and nongame |
431 | species, as defined under s. 372.001. |
432 | (d) The corporation shall have the sole and exclusive |
433 | right to use the words "Babcock Ranch, Inc." and any seal, |
434 | emblem, or other insignia adopted by the members. Without the |
435 | express written authority of the corporation, no person may use |
436 | the words "Babcock Ranch, Inc." as the name under which that |
437 | person conducts or purports to conduct business, for the purpose |
438 | of trade or advertisement, or in any manner that may suggest any |
439 | connection with the corporation. |
440 | (e) The corporation may from time to time appoint advisory |
441 | committees to further any part of this section. The advisory |
442 | committees shall be reflective of the expertise necessary for |
443 | the particular function for which the committee is created and |
444 | may include public agencies, private entities, and not-for- |
445 | profit conservation and agricultural representatives. |
446 | (f) State laws governing the procurement of commodities |
447 | and services by state agencies, as provided in s. 287.057, shall |
448 | apply to the corporation. |
449 | (g) The corporation and its subsidiaries must provide |
450 | equal employment opportunities for all persons regardless of |
451 | race, color, religion, gender, national origin, age, handicap, |
452 | or marital status. |
453 | (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING |
454 | REQUIREMENTS.-- |
455 | (a) The board of directors may establish and manage an |
456 | operating fund to address the corporation's unique cash-flow |
457 | needs and to facilitate the management and operation of the |
458 | preserve as a working ranch. A cash balance reserve of not more |
459 | than 25 percent of the annual management and operating |
460 | expenditures of the corporation may accumulate and be maintained |
461 | in the operating fund at any time. |
462 | (b) The board of directors shall provide for an annual |
463 | financial audit of the corporate accounts and records to be |
464 | conducted by an independent certified public accountant in |
465 | accordance with rules adopted by the Auditor General under s. |
466 | 11.45(8). The audit report shall be submitted no later than 3 |
467 | months following the end of the fiscal year to the Auditor |
468 | General, the President of the Senate, the Speaker of the House |
469 | of Representatives, and the appropriate substantive and fiscal |
470 | committees of the Legislature. The Auditor General, the Office |
471 | of Program Policy Analysis and Government Accountability, and |
472 | the substantive or fiscal committees of the Legislature to which |
473 | legislation affecting the Babcock Ranch Preserve may be referred |
474 | shall have the authority to require and receive from the |
475 | corporation or from the independent auditor any records relative |
476 | to the operation of the corporation. |
477 | (c) Not later than January 15 of each year, Babcock Ranch, |
478 | Inc., shall submit to the Board of Trustees of the Internal |
479 | Improvement Trust Fund, the President of the Senate, the Speaker |
480 | of the House of Representatives, the department, and the |
481 | commission a comprehensive and detailed report of its |
482 | operations, activities, and accomplishments for the prior year, |
483 | including information on the status of the ecological, cultural, |
484 | and financial resources being managed by the corporation, and |
485 | benefits provided by the preserve to local communities. The |
486 | report shall also include a section describing the corporation's |
487 | goals for the current year. |
488 | (d) The board of directors shall prepare an annual budget |
489 | with the goal of achieving a financially self-sustaining |
490 | operation within 15 full fiscal years after the initial |
491 | acquisition of the Babcock Ranch by the state. The department |
492 | shall provide necessary assistance, including details as |
493 | necessary, to the corporation for the timely formulation and |
494 | submission of an annual legislative budget request for |
495 | appropriations, if any, to support the administration, |
496 | operation, and maintenance of the preserve. A request for |
497 | appropriations shall be submitted to the department and shall be |
498 | included in the department's annual legislative budget request |
499 | as a separate line item appropriation. Requests for |
500 | appropriations shall be submitted to the department in time to |
501 | allow the department to meet the requirements of s. 216.023. The |
502 | department may not deny a request or refuse to include in its |
503 | annual legislative budget submission a request from the |
504 | corporation for an appropriation. |
505 | (e) Notwithstanding any other provision of law, all moneys |
506 | received from donations or from management of the preserve shall |
507 | be retained by the corporation in the operating fund and shall |
508 | be available, without further appropriation, for the |
509 | administration, preservation, restoration, operation and |
510 | maintenance, improvements, repairs, and related expenses |
511 | incurred with respect to properties being managed by the |
512 | corporation. Except as provided in this section, moneys received |
513 | by the corporation for the management of the preserve shall not |
514 | be subject to distribution by the state. Upon assuming |
515 | management responsibilities for the preserve, the corporation |
516 | shall optimize the generation of income based on existing |
517 | marketing conditions to the extent that activities do not |
518 | unreasonably diminish the long-term environmental, agricultural, |
519 | scenic, and natural values of the preserve or the multiple-use |
520 | and sustained-yield capability of the land. |
521 | (f) All parties in contract with the corporation and all |
522 | holders of leases from the corporation that are authorized to |
523 | occupy, use, or develop properties under the management |
524 | jurisdiction of the corporation must procure the proper |
525 | insurance as is reasonable or customary to insure against any |
526 | loss in connection with the properties or with activities |
527 | authorized in the leases or contracts. |
528 | (11) COMPREHENSIVE BUSINESS PLAN.-- |
529 | (a) A comprehensive business plan for the management and |
530 | operation of the preserve as a working ranch and amendments to |
531 | the business plan may be developed only with input from the |
532 | department and the commission and may be implemented by Babcock |
533 | Ranch, Inc., only upon expiration of the management agreement |
534 | attached as Exhibit "E" to that certain agreement for sale and |
535 | purchase approved by the Board of Trustees of the Internal |
536 | Improvement Trust Fund on November 22, 2005, and by Lee County |
537 | on November 20, 2005. |
538 | (b) Any final decision of Babcock Ranch, Inc., to adopt or |
539 | amend the comprehensive business plan or to approve any activity |
540 | related to the management of the renewable surface resources of |
541 | the preserve shall be made in sessions that are open to the |
542 | public. The board of directors shall establish procedures for |
543 | providing adequate public information and opportunities for |
544 | public comment on the proposed comprehensive business plan for |
545 | the preserve or for amendments to the comprehensive business |
546 | plan adopted by the members. |
547 | (c) Not less than 2 years prior to the corporation's |
548 | assuming management and operation responsibilities for the |
549 | preserve, the corporation, with input from the commission and |
550 | the department, must begin developing the comprehensive business |
551 | plan to carry out the purposes of this section. To the extent |
552 | consistent with these purposes, the comprehensive business plan |
553 | shall provide for: |
554 | 1. The management and operation of the preserve as a |
555 | working ranch. |
556 | 2. The protection and preservation of the environmental, |
557 | agricultural, scientific, scenic, geologic, watershed, fish, |
558 | wildlife, historic, cultural, and recreational values of the |
559 | preserve. |
560 | 3. The promotion of high-quality hunting experiences for |
561 | the public, with emphasis on deer, turkey, and other game |
562 | species. |
563 | 4. Multiple use and sustained yield of renewable surface |
564 | resources within the preserve. |
565 | 5. Public use of and access to the preserve for |
566 | recreation. |
567 | 6. The use of renewable resources and management |
568 | alternatives that, to the extent practicable, benefit local |
569 | communities and small businesses and enhance the coordination of |
570 | management objectives with those on surrounding public or |
571 | private lands. The use of renewable resources and management |
572 | alternatives should provide cost savings to the corporation |
573 | through the exchange of services, including, but not limited to, |
574 | labor and maintenance of facilities, for resources or services |
575 | provided to the corporation. |
576 | (d) On or before the date on which title to the portion of |
577 | the Babcock Crescent B Ranch being purchased by the state, as |
578 | provided in s. 259.1052, is vested in the Board of Trustees of |
579 | the Internal Improvement Trust Fund, Babcock Ranch Management, |
580 | LLC, a limited liability company incorporated in the state, |
581 | shall provide the commission and the department with the |
582 | proprietary management plan and business plan in place for the |
583 | operation of the ranch as of November 22, 2005, the date on |
584 | which the board of trustees approved the purchase. |
585 | (12) MANAGEMENT OF PRESERVE; FEES.-- |
586 | (a) The corporation shall assume all authority provided by |
587 | this section to manage and operate the preserve as a working |
588 | ranch upon a determination by the Board of Trustees of the |
589 | Internal Improvement Trust Fund that the corporation is able to |
590 | conduct business and that provision has been made for essential |
591 | services on the preserve, which, to the maximum extent |
592 | practicable, shall be made no later than 60 days prior to the |
593 | termination of the management agreement referenced in paragraph |
594 | (11)(a). |
595 | (b) Upon assuming management and operation of the |
596 | preserve, the corporation shall: |
597 | 1. With input from the commission and the department, |
598 | manage and operate the preserve and the uses thereof, including, |
599 | but not limited to, the activities necessary to administer and |
600 | operate the preserve as a working ranch; the activities |
601 | necessary for the preservation and development of the land and |
602 | renewable surface resources of the preserve; the activities |
603 | necessary for interpretation of the history of the preserve on |
604 | behalf of the public; the activities necessary for the |
605 | management, public use, and occupancy of facilities and lands |
606 | within the preserve; and the maintenance, rehabilitation, |
607 | repair, and improvement of property within the preserve. |
608 | 2. Develop programs and activities relating to the |
609 | management of the preserve as a working ranch. |
610 | 3. Negotiate directly with and enter into such agreements, |
611 | leases, contracts, and other arrangements with any person, firm, |
612 | association, organization, corporation, or governmental entity, |
613 | including entities of federal, state, and local governments, as |
614 | are necessary and appropriate to carry out the purposes and |
615 | activities authorized by this section. |
616 | 4. Establish procedures for entering into lease agreements |
617 | and other agreements for the use and occupancy of the facilities |
618 | of the preserve. The procedures shall ensure reasonable |
619 | competition and set guidelines for determining reasonable fees, |
620 | terms, and conditions for such agreements. |
621 | 5. Assess reasonable fees for admission to, use of, and |
622 | occupancy of the preserve to offset costs for operation of the |
623 | preserve as a working ranch. These fees are independent of fees |
624 | assessed by the commission for the privilege of hunting, |
625 | fishing, or pursuing outdoor recreational activities within the |
626 | preserve and shall be deposited into the operating fund |
627 | established by the board of directors under the authority |
628 | provided in this section. |
629 | (13) MISCELLANEOUS PROVISIONS.-- |
630 | (a) Except for the powers of the commissioner provided in |
631 | this section and the powers of the commission provided in s. 9, |
632 | Art. IV, of the State Constitution, the preserve shall be |
633 | managed by Babcock Ranch, Inc. |
634 | (b) Officers and employees of Babcock Ranch, Inc., are |
635 | private employees. At the request of the board of directors, the |
636 | commission and the department may provide state employees for |
637 | the purpose of implementing this section. Any state employee |
638 | provided to assist the directors in implementing this section |
639 | for more than 30 days shall be provided on a reimbursable basis. |
640 | Reimbursement to the commission and the department shall be made |
641 | from the corporation's operating fund provided under this |
642 | section and not from any funds appropriated to the corporation |
643 | by the Legislature. |
644 | (14) DISSOLUTION OF BABCOCK RANCH, INCORPORATED.-- |
645 | (a) The corporation may be dissolved only by an act of the |
646 | Legislature. |
647 | (b) Upon dissolution of the corporation, the management |
648 | responsibilities provided in this section shall revert to the |
649 | commission and the department unless otherwise provided by the |
650 | Legislature under the act dissolving Babcock Ranch, Inc. |
651 | (c) Upon dissolution of the corporation, any cash balances |
652 | of funds shall revert to the General Revenue fund or such other |
653 | state fund as may be provided under the act dissolving Babcock |
654 | Ranch, Inc. |
655 | Section 2. This act shall take effect on the same date |
656 | that SB 1226 or similar legislation takes effect, if such |
657 | legislation is adopted in the same legislative session, or an |
658 | extension thereof, and becomes law. |