HB 1347

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to land management; creating s. 259.106,
8	F.S.; creating the Babcock Ranch Preserve Act; providing
9	definitions; creating Babcock Ranch, Inc., a not-for-
10	profit corporation to be incorporated in the state;
11	providing that the corporation shall act as an
12	instrumentality of the state for purposes of sovereign
13	immunity under s. 768.28, F.S.; providing that the
14	corporation shall not be an agency under s. 20.03, F.S.,
15	or a unit or entity of state government; providing that
16	the corporation is subject to the provisions of chs. 119
17	and 286, F.S., relating to public records and meetings;
18	requiring public records and meetings; providing for the
19	corporation to be governed by a board of directors;
20	providing for the qualifications, appointment, removal,
21	and liability of board members and their terms of office;
22	prohibiting any board member from voting on any measure
23	that constitutes a conflict of interest; providing for the
24	board members to serve without compensation, but to
25	receive per diem and travel expenses; providing for
26	organization and meetings; authorizing state agencies to
27	provide state employees for purposes of implementing the
28	Babcock Ranch Preserve; providing certain powers and
29	duties of the corporation; providing limitations on the
30	powers and duties of the corporation; providing that the
31	corporation and its subsidiaries must provide equal
32	employment opportunities; providing for the corporation to
33	establish and manage an operating fund; requiring an
34	annual financial audit of the accounts and records of the
35	corporation; requiring annual reports by the corporation
36	to the Board of Trustees of the Internal Improvement Trust
37	Fund, the Legislature, the Department of Agriculture and
38	Consumer Services, and the Fish and Wildlife Conservation
39	Commission; requiring that the corporation prepare an
40	annual budget; specifying a goal of financially self-
41	sustaining operation within a certain period; providing
42	for the corporation to retain donations and other moneys;
43	requiring that the corporation adopt articles of
44	incorporation and bylaws subject to the approval of the
45	Board of Trustees of the Internal Improvement Trust Fund;
46	authorizing the corporation to appoint advisory
47	committees; providing requirements for a comprehensive
48	business plan; specifying the procedures by which the
49	corporation shall assume the management and operation of
50	the Babcock Ranch Preserve; prohibiting the corporation
51	from taking certain actions without the consent of the
52	Board of Trustees of the Internal Improvement Trust Fund;
53	requiring that the corporation be subject to certain state
54	laws and rules governing the procurement of commodities
55	and services; authorizing the corporation to assess
56	reasonable fees; providing for management of the Babcock
57	Ranch Preserve until expiration of a current management
58	agreement; providing for reversion of the management and
59	operation responsibilities to certain agencies upon the
60	dissolution of the corporation; providing that the
61	corporation may be dissolved only by an act of the
62	Legislature; providing for reversion of funds upon the
63	dissolution of the corporation; providing for an
64	appropriation subject to specified conditions; providing
65	an effective date.
66
67	WHEREAS, the Babcock Crescent B Ranch comprises the largest
68	private undeveloped single-ownership tract of land in Charlotte
69	County and contains historical evidence in the form of old
70	logging camps and other artifacts that indicate the importance
71	of this land for domesticated livestock production, timber
72	supply, and other bona fide agricultural uses, and
73	WHEREAS, the careful husbandry of the Babcock Crescent B
74	Ranch, including selective timbering, grazing and hunting, and
75	the use of prescribed burning, has preserved a mix of healthy
76	range and timberland with significant species diversity and
77	provides a model for sustainable land development and use, and
78	WHEREAS, the Babcock Crescent B Ranch must be protected for
79	current and future generations by continued operation as a
80	working ranch under a unique management regime that protects the
81	land and resource values of the property and the surrounding
82	ecosystem while allowing and providing for the ranch to become
83	financially self-sustaining, and
84	WHEREAS, it is in the public's best interest that the
85	management regime for the Babcock Crescent B Ranch include the
86	development of an operational program for appropriate
87	preservation and development of the ranch's land and resources,
88	and
89	WHEREAS, the public's interest will be served by the
90	creation of a not-for-profit corporation to develop and
91	implement environmentally sensitive, cost-effective, and
92	creative methods to manage and operate a working ranch, NOW,
93	THEREFORE,
94
95	Be It Enacted by the Legislature of the State of Florida:
96
97	Section 1.  Section 259.106, Florida Statutes, is created
98	to read:
99	259.106  Babcock Ranch Preserve; Babcock Ranch, Inc.;
100	creation; membership; organization; meetings.--
101	(1)  SHORT TITLE.--This section may be cited as the
102	"Babcock Ranch Preserve Act."
103	(2)  DEFINITIONS.--As used in this section, the term:
104	(a)  "Babcock Ranch Preserve" and "preserve" mean the lands
105	and facilities acquired in the purchase of the Babcock Crescent
106	B Ranch.
107	(b)  "Babcock Ranch, Inc." and "corporation" mean the not-
108	for-profit corporation created under this section to operate and
109	manage the Babcock Ranch Preserve as a working ranch.
110	(c)  "Board of directors" means the governing board of the
111	not-for-profit corporation created under this section.
112	(d)  "Commission" means the Fish and Wildlife Conservation
113	Commission.
114	(e)  "Commissioner" means the Commissioner of Agriculture.
115	(f)  "Department" means the Department of Agriculture and
116	Consumer Services.
117	(g)  "Financially self-sustaining" means management and
118	operating expenditures not more than the revenues collected from
119	fees and other receipts for resource use and development and
120	from interest and invested funds.
121	(h)  "Management and operating expenditures" means expenses
122	of the corporation, including, but not limited to, salaries and
123	benefits of officers and staff, administrative and operating
124	expenses, costs for improvements to and maintenance of lands and
125	facilities of the Babcock Ranch Preserve, and other similar
126	expenses. Such expenditures shall be made from revenues
127	generated from the operation of the ranch and not from funds
128	appropriated by the Legislature except as provided in this
129	section.
130	(i)  "Member" means a person appointed to the board of
131	directors of the not-for-profit corporation created under this
132	section.
133	(j)  "Multiple use" means the management of all of the
134	renewable surface resources of the Babcock Ranch Preserve to
135	best meet the needs of the public, including the use of the land
136	for some or all of the renewable surface resources or related
137	services over areas large enough to allow for periodic
138	adjustments in use to conform to the changing needs and
139	conditions of the preserve while recognizing that a portion of
140	the land will be used for some of the renewable surface
141	resources available on that land. The goal of multiple use is
142	the harmonious and coordinated management of the renewable
143	surface resources without impairing the productivity of the land
144	and considering the relative value of the renewable surface
145	resources, and not necessarily a combination of uses to provide
146	the greatest monetary return or the greatest unit output.
147	(k)  "Sustained yield of the renewable surface resources"
148	means the achievement and maintenance of a high level of annual
149	or regular periodic output of the various renewable surface
150	resources of the preserve without impairing the productivity of
151	the land.
152	(l)  "Working ranch" means those activities necessary to
153	accomplish the goals of multiple use and sustained yield of the
154	renewable surface resources and includes, but is not limited to,
155	silvicultural operations, regardless of location or species,
156	pasture management, livestock management, native plant nursery
157	operations, apiary operations, sod farming, ecotourism, tenant
158	farming, hunting leases, and horticultural debris disposal.
159	(3)  CREATION OF BABCOCK RANCH PRESERVE.--
160	(a)  The acquisition of the Babcock Crescent B Ranch by the
161	Board of Trustees of the Internal Improvement Trust Fund is a
162	conservation acquisition with a goal of sustaining the
163	ecological and economic integrity of the property being acquired
164	while allowing the business of the working ranch to operate and
165	prosper.
166	(b)  Upon the date of acquisition of the Babcock Crescent B
167	Ranch, there is created the Babcock Ranch Preserve, which shall
168	be managed in accordance with the purposes and requirements of
169	this section.
170	(c)  The preserve is established to protect and preserve
171	the environmental, agricultural, scientific, scenic, geologic,
172	watershed, fish, wildlife, historic, cultural, and recreational
173	values of the preserve, and to provide for the multiple use and
174	sustained yield of the renewable surface resources within the
175	preserve consistent with this section. There shall be no
176	restriction, including reference to location or species, on any
177	silvicultural operation so long as current best management
178	practices adopted by the department are followed. Pasture
179	management, hunting leases, and tenant farming shall be allowed
180	at the discretion of Babcock Ranch, Inc.
181	(d)  Babcock Ranch, Inc., and its officers and employees
182	shall participate in the management of the Babcock Ranch
183	Preserve in an advisory capacity only until the comprehensive
184	business plan referenced in paragraph (11)(a) is terminated or
185	expires.
186	(e)  Nothing in this section shall preclude Babcock Ranch,
187	Inc., prior to assuming management and operation of the preserve
188	and thereafter, from allowing the use of common varieties of
189	mineral materials such as sand, stone, and gravel for
190	construction and maintenance of roads and facilities within the
191	preserve.
192	(f)  Nothing in this section shall be construed as
193	affecting the constitutional responsibilities of the commission
194	in the exercise of its regulatory and executive power with
195	respect to wild animal life and freshwater aquatic life,
196	including the regulation of hunting, fishing, and trapping
197	within the preserve.
198	(g)  Nothing in this section shall be construed to
199	interfere with or prevent the ability of Babcock Ranch, Inc., to
200	implement agricultural practices authorized by the agricultural
201	land use designations established in the local comprehensive
202	plans of either Charlotte County or Lee County as those plans
203	apply to the Babcock Ranch Preserve, so long as such plans are
204	not in conflict with this section or general law.
205	(h)  Nothing in this section shall preclude the maintenance
206	and use of roads and trails or the relocation of roads in
207	existence on the effective date of this section, or the
208	construction, maintenance, and use of new trails, or any
209	motorized access necessary for the administration of the land
210	contained within the preserve, including motorized access
211	necessary for emergencies involving the health or safety of
212	persons within the preserve.
213	(4)  CREATION OF BABCOCK RANCH, INCORPORATED.--
214	(a)  There is created a not-for-profit corporation, to be
215	known as Babcock Ranch, Inc., which shall be registered,
216	incorporated, organized, and operated in compliance with the
217	provisions of chapter 617 and which shall not be a unit or
218	entity of state government. For purposes of sovereign immunity,
219	the corporation shall be a corporation primarily acting as an
220	instrumentality of the state but otherwise shall not be an
221	agency within the meaning of s. 20.03(11) or a unit or entity of
222	state government.
223	(b)  The corporation is organized on a nonstock basis and
224	shall operate in a manner consistent with its public purpose and
225	in the best interest of the state.
226	(c)  Meetings and records of the corporation, its
227	directors, advisory committees, or similar groups created by the
228	corporation, including any not-for-profit subsidiaries, are
229	subject to the public records provisions of chapter 119 and the
230	public meetings and records provisions of s. 286.011.
231	(5)  APPLICABILITY OF SECTION.--In any conflict between a
232	provision of this section and a provision of chapter 617, the
233	provision of this section shall prevail.
234	(6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is to
235	provide management and administrative services for the preserve,
236	to establish and implement management policies that will achieve
237	the purposes and requirements of this section, to cooperate with
238	state agencies to further the purposes of the preserve, and to
239	establish the administrative and accounting procedures for the
240	operation of the corporation.
241	(7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
242	corporation shall be governed by a nine-member board of
243	directors who shall be appointed by the Board of Trustees of the
244	Internal Improvement Trust Fund; the commission; the
245	commissioner; the Babcock Ranch Management, LLC, a corporation
246	registered to do business in the state, or its successors or
247	assigns; the Board of County Commissioners of Charlotte County;
248	and the Board of County Commissioners of Lee County in the
249	following manner:
250	(a)1.  The Board of Trustees of the Internal Improvement
251	Trust Fund shall appoint four members. One appointee shall have
252	expertise in domesticated livestock management, production, and
253	marketing, including range management and livestock business
254	management. One appointee shall have expertise in the management
255	of game and nongame wildlife and fish populations, including
256	hunting, fishing, and other recreational activities. One
257	appointee shall have expertise in the sustainable management of
258	forest lands for commodity purposes. One appointee shall have
259	expertise in financial management, budget and program analysis,
260	and small business operations.
261	2.  The commission shall appoint one member with expertise
262	in hunting; fishing; nongame species management; or wildlife
263	habitat management, restoration, and conservation.
264	3.  The commissioner shall appoint one member with
265	expertise in agricultural operations or forestry management.
266	4.  The Babcock Ranch Management, LLC, its successors or
267	assigns, shall appoint one member with expertise in the
268	activities and management of the Babcock Crescent B Ranch on the
269	date of acquisition of the ranch by the state. This appointee
270	shall serve on the board of directors only until the termination
271	or expiration of the management agreement. Upon termination or
272	expiration of the management agreement, the person serving as
273	the head of the property owners' association, if any, required
274	to be created under the agreement for sale and purchase shall
275	serve as a member of the Board of Directors of Babcock Ranch,
276	Inc.
277	5.  The Board of County Commissioners of Charlotte County
278	shall appoint one member who shall be a resident of the county
279	and who shall be active in an organization concerned with the
280	activities of the ranch.
281	6.  The Board of County Commissioners of Lee County shall
282	appoint one member who shall be a resident of the county and who
283	shall have experience in land conservation and management. This
284	appointee, or a successor appointee, shall serve as a member of
285	the board of directors so long as the county participates in the
286	state land management plan.
287	(b)  All members of the board of directors shall be
288	appointed no later than 90 days following the initial
289	acquisition of the Babcock Crescent B Ranch by the state.
290	1.  Four members initially appointed by the Board of
291	Trustees of the Internal Improvement Trust Fund shall each serve
292	a 4-year term.
293	2.  The remaining initial five appointees shall each serve
294	a 2-year term.
295	3.  Each member appointed thereafter shall serve a 4-year
296	term.
297	4.  A vacancy shall be filled in the same manner in which
298	the original appointment was made, and a member appointed to
299	fill a vacancy shall serve for the remainder of that term.
300	5.  No member may serve more than 8 years in consecutive
301	terms.
302	(c)  No appointee shall be an employee of any governmental
303	entity.
304	(d)  With the exception of the Babcock Ranch Management,
305	LLC, appointee, no member may be an officer, director, or
306	shareholder in any entity that contracts with or receives funds
307	from the corporation or its subsidiaries.
308	(e)  No member shall vote in an official capacity upon any
309	measure that would inure to his or her special private gain or
310	loss, that he or she knows would inure to the special private
311	gain or loss of any principal by whom he or she is retained or
312	to the parent organization or subsidiary of a principal by which
313	he or she is retained, or that he or she knows would inure to
314	the special private gain or loss of a relative or business
315	associate of the member. Such member shall, prior to the vote
316	being taken, publicly state the nature of his or her interest in
317	the matter from which he or she is abstaining from voting and,
318	no later than 15 days after the date the vote occurs, shall
319	disclose the nature of his or her interest as a public record in
320	a memorandum filed with the person responsible for recording the
321	minutes of the meeting, who shall incorporate the memorandum in
322	the minutes of the meeting.
323	(f)  Each member of the board of directors is accountable
324	for the proper performance of the duties of office, and each
325	member owes a fiduciary duty to the people of the state to
326	ensure that funds provided in furtherance of this section are
327	disbursed and used as prescribed by law and contract. Any
328	official appointing a member may remove that member for
329	malfeasance, misfeasance, neglect of duty, incompetence,
330	permanent inability to perform official duties, unexcused
331	absence from three consecutive meetings of the board, arrest or
332	indictment for a crime that is a felony or misdemeanor involving
333	theft or a crime of dishonesty, or pleading nolo contendere to,
334	or being found guilty of, any crime.
335	(g)  Each member of the board of directors shall serve
336	without compensation but shall receive travel and per diem
337	expenses as provided in s. 112.061 while in the performance of
338	his or her duties. These expenses shall be paid from the
339	operating funds of the ranch.
340	(8)  ORGANIZATION; MEETINGS.--
341	(a)1.  The board of directors shall annually elect a chair
342	and a vice chair from among the board's members. The members
343	may, by a vote of at least five of the nine board members,
344	remove a member from the position of chair or vice chair prior
345	to the expiration of his or her term as chair or vice chair. His
346	or her successor shall be elected to serve for the balance of
347	the removed chair's or vice chair's term.
348	2.  The chair shall ensure that records are kept of the
349	proceedings of the board of directors and is the custodian of
350	all books, documents, and papers filed with the board, the
351	minutes of meetings of the board, and the official seal of the
352	corporation.
353	(b)1.  The board of directors shall meet upon the call of
354	the chair at least three times per year in Charlotte County or
355	in Lee County.
356	2.  A majority of the members of the board of directors
357	constitutes a quorum. Except as otherwise provided in this
358	section, the board of directors may take official action by a
359	majority of the members present at any meeting at which a quorum
360	is present. Members may not vote by proxy.
361	(9)  POWERS AND DUTIES.--
362	(a)  The board of directors shall adopt articles of
363	incorporation and bylaws necessary to govern its activities. The
364	adopted articles of incorporation and bylaws must be approved by
365	the Board of Trustees of the Internal Improvement Trust Fund
366	prior to filing with the Department of State.
367	(b)  The board of directors shall review and approve any
368	management plan prior to the submission of that plan to the
369	Board of Trustees of the Internal Improvement Trust Fund for
370	approval and implementation.
371	(c)1.  Except for the constitutional powers of the
372	commission as provided in s. 9, Art. IV of the State
373	Constitution, the board of directors shall have all necessary
374	and proper powers for the exercise of the authority vested in
375	the corporation, including, but not limited to, the power to
376	solicit and accept donations of funds, property, supplies, or
377	services from individuals, foundations, corporations, and other
378	public or private entities for the purposes of this section. All
379	funds received by the corporation shall be deposited into the
380	operating fund authorized under this section unless otherwise
381	directed by the Legislature.
382	2.  The board of directors may not increase the number of
383	its members.
384	3.  The corporation may not purchase, take, receive, lease,
385	take by gift, devise, or bequest, or otherwise acquire, own,
386	hold, improve, use, or otherwise deal in and with real property,
387	or any interest therein, wherever situated, unless otherwise
388	provided in this section.
389	4.  The corporation may not sell, convey, mortgage, pledge,
390	lease, exchange, transfer, or otherwise dispose of any real
391	property, unless otherwise provided in this section.
392	5.  The corporation may not purchase, take, receive,
393	subscribe for, or otherwise acquire, own, hold, vote, use,
394	employ, sell, mortgage, lend, pledge, or otherwise dispose of,
395	or otherwise use and deal in and with, shares and other
396	interests in, or obligations of, other domestic or foreign
397	corporations, whether for profit or not for profit,
398	associations, partnerships, or individuals, or direct or
399	indirect obligations of the United States or of any other
400	government, state, territory, government district, municipality,
401	or any instrumentality thereof.
402	6.  The corporation may not lend money for its corporate
403	purposes, invest and reinvest its funds, and take and hold real
404	and personal property as security for the payment of funds lent
405	or invested.
406	7.  The corporation may not merge with other corporations
407	or other business entities.
408	8.  The corporation may not enter into any contract, lease,
409	or other agreement related to the use of ground or surface
410	waters located in, on, or through the preserve without the
411	consent of the Board of Trustees of the Internal Improvement
412	Trust Fund and permits that may be required by the Department of
413	Environmental Protection or the appropriate water management
414	district under chapters 373 and 403.
415	9.  The corporation may not grant any easements in, on, or
416	across the preserve. Any easements to be granted for the use of,
417	access to, or ingress and egress across state property within
418	the preserve must be executed by the Board of Trustees of the
419	Internal Improvement Trust Fund as the owners of the state
420	property within the preserve. Any easements to be granted for
421	the use of, access to, or ingress and egress across property
422	within the preserve titled in the name of a local government
423	must be granted by the governing body of that local government.
424	10.  The corporation may not enter into any contract,
425	lease, or other agreement related to the use and occupancy of
426	the property within the preserve for a period of greater than 10
427	years.
428	(d)  The corporation, in consultation with the commission
429	and the department, may designate hunting, fishing, and trapping
430	zones and may establish additional periods when no hunting,
431	fishing, or trapping shall be permitted for reasons of public
432	safety, administration, and the protection and enhancement of
433	nongame habitat and nongame species, as defined under s.
434	372.001.
435	(e)  The corporation shall have the sole and exclusive
436	right to use the words "Babcock Ranch, Inc." and any seal,
437	emblem, or other insignia adopted by the members. Without the
438	express written authority of the corporation, no person may use
439	the words "Babcock Ranch, Inc." as the name under which that
440	person conducts or purports to conduct business, for the purpose
441	of trade or advertisement, or in any manner that may suggest any
442	connection with the corporation.
443	(f)  The corporation may from time to time appoint advisory
444	committees to further any part of this section. The advisory
445	committees shall be reflective of the expertise necessary for
446	the particular function for which the committee is created and
447	may include public agencies, private entities, and not-for-
448	profit conservation and agricultural representatives.
449	(g)  State laws governing the procurement of commodities
450	and services by state agencies, as provided in s. 287.057, shall
451	apply to the corporation.
452	(h)  The corporation and its subsidiaries must provide
453	equal employment opportunities for all persons regardless of
454	race, color, religion, gender, national origin, age, handicap,
455	or marital status.
456	(10)  OPERATING FUND; AUDIT; REPORTING REQUIREMENTS; ANNUAL
457	BUDGET.--
458	(a)  The board of directors may establish and manage an
459	operating fund to address the corporation's unique cash-flow
460	needs and to facilitate the management and operation of the
461	preserve as a working ranch. A cash balance reserve of not more
462	than 25 percent of the annual management and operating
463	expenditures of the corporation may accumulate and be maintained
464	in the operating fund at any time.
465	(b)  The board of directors shall provide for an annual
466	financial audit of the corporate accounts and records to be
467	conducted by an independent certified public accountant in
468	accordance with rules adopted by the Auditor General under s.
469	11.45(8). The audit report shall be submitted no later than 3
470	months following the end of the fiscal year to the Auditor
471	General, the President of the Senate, the Speaker of the House
472	of Representatives, and the appropriate substantive and fiscal
473	committees of the Legislature. The Auditor General, the Office
474	of Program Policy Analysis and Government Accountability, and
475	the substantive or fiscal committees of the Legislature to which
476	legislation affecting the Babcock Ranch Preserve may be referred
477	shall have the authority to require and receive from the
478	corporation or from the independent auditor any records relative
479	to the operation of the corporation.
480	(c)  Not later than January 15 of each year, Babcock Ranch,
481	Inc., shall submit to the Board of Trustees of the Internal
482	Improvement Trust Fund, the President of the Senate, the Speaker
483	of the House of Representatives, the department, and the
484	commission a comprehensive and detailed report of its
485	operations, activities, and accomplishments for the prior year,
486	including information on the status of the ecological, cultural,
487	and financial resources being managed by the corporation and the
488	benefits provided by the preserve to local communities. The
489	report shall also include a section describing the corporation's
490	goals for the current year.
491	(d)  The board of directors shall prepare an annual budget
492	with the goal of achieving a financially self-sustaining
493	operation within 15 full fiscal years after the initial
494	acquisition of the Babcock Crescent B Ranch by the state. The
495	department shall provide necessary assistance, including details
496	as necessary, to the corporation for the timely formulation and
497	submission of an annual legislative budget request for
498	appropriations, if any, to support the administration,
499	operation, and maintenance of the preserve. A request for
500	appropriations, if necessary, shall be submitted to the
501	department and shall be included in the department's annual
502	legislative budget request as a separate line item
503	appropriation. Requests for appropriations shall be submitted to
504	the department in time to allow the department to meet the
505	requirements of s. 216.023. The department may not deny a
506	request or refuse to include in its annual legislative budget
507	submission a request from the corporation for an appropriation.
508	(e)  Notwithstanding any other provision of law, all moneys
509	received from donations or from management of the preserve shall
510	be retained by the corporation in the operating fund and shall
511	be available, without further appropriation, for the
512	administration, preservation, restoration, operation and
513	maintenance, improvements, repairs, and related expenses
514	incurred with respect to properties being managed by the
515	corporation. Except as provided in this section, moneys received
516	by the corporation for the management of the preserve shall not
517	be subject to distribution by the state. Upon assuming
518	management responsibilities for the preserve, the corporation
519	shall optimize the generation of income based on existing
520	marketing conditions to the extent that activities do not
521	unreasonably diminish the long-term environmental, agricultural,
522	scenic, and natural values of the preserve or the multiple-use
523	and sustained-yield capability of the land.
524	(f)  All parties in contract with the corporation and all
525	holders of leases from the corporation that are authorized to
526	occupy, use, or develop properties under the management
527	jurisdiction of the corporation must procure the proper
528	insurance as is reasonable or customary to insure against any
529	loss in connection with the properties or with activities
530	authorized in the leases or contracts.
531	(11)  COMPREHENSIVE BUSINESS PLAN.--
532	(a)  A comprehensive business plan for the management and
533	operation of the preserve as a working ranch and amendments to
534	the business plan may be developed with input from the
535	department and the commission and may be implemented by Babcock
536	Ranch, Inc. Any amendment to the business plan regarding the
537	agricultural operations of the ranch shall not be effective
538	until approved by the commissioner.
539	(b)  Any final decision of Babcock Ranch, Inc., to adopt or
540	amend the comprehensive business plan or to approve any activity
541	related to the management of the renewable surface resources of
542	the preserve shall be made in sessions that are open to the
543	public. The board of directors shall establish procedures for
544	providing adequate public information and opportunities for
545	public comment on the proposed comprehensive business plan for
546	the preserve or for amendments to the comprehensive business
547	plan adopted by the members.
548	(c)  Not less than 2 years prior to the corporation's
549	assuming management and operation responsibilities for the
550	preserve, the corporation, with input from the commission and
551	the department, must begin developing the comprehensive business
552	plan to carry out the purposes of this section. To the extent
553	consistent with these purposes, the comprehensive business plan
554	shall provide for:
555	1.  The management and operation of the preserve as a
556	working ranch.
557	2.  The protection and conservation of the environmental,
558	agricultural, scientific, scenic, geologic, watershed, fish,
559	wildlife, historic, cultural, and recreational values of the
560	preserve.
561	3.  The promotion of controlled high-quality hunting
562	experiences for the public, with emphasis on deer, turkey, and
563	other game species.
564	4.  Multiple use and sustained yield of the renewable
565	surface resources within the preserve.
566	5.  Public use of and controlled access to the preserve for
567	recreation.
568	6.  The use of renewable resources and management
569	alternatives that, to the extent practicable, benefit local
570	communities and small businesses and enhance the coordination of
571	management objectives with those on surrounding public or
572	private lands. The use of renewable resources and management
573	alternatives should provide cost savings to the corporation
574	through the exchange of services, including, but not limited to,
575	labor and maintenance of facilities, for resources or services
576	provided to the corporation.
577	(d)  On or before the date on which title to the portion of
578	the Babcock Crescent B Ranch being purchased by the state is
579	vested in the Board of Trustees of the Internal Improvement
580	Trust Fund, Babcock Ranch Management, LLC, a limited liability
581	company incorporated in the state, shall provide the commission
582	and the department with the current proprietary management plan
583	and business plan in place.
584	(12)  MANAGEMENT OF PRESERVE; FEES.--
585	(a)  The corporation shall assume all authority provided by
586	this section to manage and operate the preserve as a working
587	ranch upon a determination by the Board of Trustees of the
588	Internal Improvement Trust Fund that the corporation is able to
589	conduct business and that provision has been made for essential
590	services on the preserve, which, to the maximum extent
591	practicable, shall be made no later than 60 days prior to the
592	termination of the comprehensive business plan referenced in
593	paragraph (11)(a).
594	(b)  Upon assuming management and operation of the
595	preserve, the corporation shall:
596	1.  With input from the commission and the department,
597	manage and operate the preserve and the uses thereof, including,
598	but not limited to, the activities necessary to administer and
599	operate the preserve as a working ranch; the activities
600	necessary for the preservation and development of the land and
601	renewable surface resources of the preserve; the activities
602	necessary for interpretation of the history of the preserve on
603	behalf of the public; the activities necessary for the
604	management, public use, and occupancy of facilities and lands
605	within the preserve; and the maintenance, rehabilitation,
606	repair, and improvement of property within the preserve.
607	2.  Develop programs and activities relating to the
608	management of the preserve as a working ranch.
609	3.  Negotiate directly with and enter into such agreements,
610	leases, contracts, and other arrangements with any person, firm,
611	association, organization, corporation, or governmental entity,
612	including entities of federal, state, and local governments, as
613	are necessary and appropriate to carry out the purposes and
614	activities authorized by this section.
615	4.  Establish procedures for entering into lease agreements
616	and other agreements for the use and occupancy of the facilities
617	of the preserve. The procedures shall ensure reasonable
618	competition and set guidelines for determining reasonable fees,
619	terms, and conditions for such agreements.
620	5.  Assess reasonable fees for admission to, use of, and
621	occupancy of the preserve for operation of the preserve as a
622	working ranch. These fees are independent of fees assessed by
623	the commission for the privilege of hunting, fishing, or
624	pursuing outdoor recreational activities within the preserve and
625	shall be deposited into the operating fund established by the
626	board of directors under the authority provided in this section.
627	(13)  MISCELLANEOUS PROVISIONS.--
628	(a)  Except for the powers of the commissioner provided in
629	this section and the powers of the commission provided in s. 9,
630	Art. IV of the State Constitution, the preserve shall be managed
631	by Babcock Ranch, Inc.
632	(b)  Officers and employees of Babcock Ranch, Inc., are
633	private employees. At the request of the board of directors, the
634	commission and the department may provide state employees for
635	the purpose of implementing this section. Any state employee
636	provided to assist the directors in implementing this section
637	for more than 30 days shall be provided on a reimbursable basis.
638	Reimbursement to the commission and the department shall be made
639	from the corporation's operating fund provided under this
640	section and not from any funds appropriated to the corporation
641	by the Legislature.
642	(14)  DISSOLUTION OF BABCOCK RANCH, INCORPORATED.--
643	(a)  The corporation may be dissolved only by an act of the
644	Legislature.
645	(b)  Upon dissolution of the corporation, the management
646	responsibilities provided in this section shall revert to the
647	commission and the department unless otherwise provided by the
648	Legislature under the act dissolving Babcock Ranch, Inc.
649	(c)  Upon dissolution of the corporation, any cash balances
650	of funds shall revert to the General Revenue fund or such other
651	state fund as may be provided under the act dissolving Babcock
652	Ranch, Inc.
653	Section 2.  (1)  The sum of $310 million is appropriated
654	from the Land Acquisition Trust Fund to the Department of
655	Environmental Protection for the purchase of the Babcock
656	Crescent B Ranch contingent upon the purchase or management
657	agreement or both agreements containing or not conflicting with
658	the following provisions:
659	(a)  Babcock Ranch Management, LLC, shall be the managing
660	entity of the working ranch for 5 years with an option to
661	continue for an additional 5 years.
662	(b)  Babcock Ranch, Inc., shall take over the management of
663	the working ranch after the Babcock Ranch Management, LLC,
664	ceases to be the ranch manager.
665	(c)  Babcock Ranch, Inc., shall adopt a management plan
666	consistent with current ranch management practices when Babcock
667	Ranch, Inc., takes over management of the working ranch.
668	(d)  The Commissioner of Agriculture shall have authority
669	to approve or reject any proposed changes to the management plan
670	relating to the agricultural operations on the working ranch.
671	(e)  The working ranch shall continue to be operated in a
672	financially self-sustaining manner.
673	(f)  The following ranch operations shall not be prohibited
674	or restricted except by general law:
675	1.  Silvicultural operations, regardless of species and
676	location.
677	2.  Tenant farming.
678	3.  Hunting leases.
679	4.  Any other bona fide agricultural use.
680	(2)  The funds appropriated in subsection (1) shall be
681	distributed to the seller in accordance with the terms of the
682	purchase agreement but no sooner than the following dates:
683	(a)  The sum of $162,500,000 on or after July 1, 2006.
684	(b)  The sum of $62,500,000 on or after July 1, 2007.
685	(c)  The sum of $62,500,000 on or after July 1, 2008.
686	(d)  The sum of $22,500,000 on or after July 1, 2009.
687	Section 3.  This act shall take effect upon becoming a law.

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