HB 1347

CS

CHAMBER ACTION

1	The State Resources Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
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 the Babcock Ranch Preserve, a
10	conservation acquisition with certain goals; creating
11	Babcock Ranch, Inc., a not-for-profit corporation to be
12	incorporated in the state; providing that the corporation
13	shall act as an instrumentality of the state for purposes
14	of sovereign immunity under s. 768.28, F.S.; providing
15	that the corporation shall not be an agency under s.
16	20.03, F.S., or a unit or entity of state government;
17	providing that the corporation is subject to the
18	provisions of chs. 119 and 286, F.S., relating to public
19	records and meetings; requiring public records and
20	meetings; providing for the corporation to be governed by
21	a board of directors; providing for the qualifications,
22	appointment, removal, and liability of board members and
23	their terms of office; prohibiting any board member from
24	voting on any measure that constitutes a conflict of
25	interest; providing for the board members to serve without
26	compensation, but to receive per diem and travel expenses;
27	providing for organization and meetings; authorizing state
28	agencies to provide state employees for purposes of
29	implementing the Babcock Ranch Preserve; providing certain
30	powers and duties of the corporation; providing
31	limitations on the powers and duties of the corporation;
32	providing that the corporation and its subsidiaries must
33	provide equal employment opportunities; providing for the
34	corporation to establish and manage an operating fund;
35	requiring an annual financial audit of the accounts and
36	records of the corporation; requiring annual reports by
37	the corporation to the Board of Trustees of the Internal
38	Improvement Trust Fund, the Legislature, the Department of
39	Agriculture and Consumer Services, and the Fish and
40	Wildlife Conservation Commission; requiring that the
41	corporation prepare an annual budget; specifying a goal of
42	financially self-sustaining operation within a certain
43	period; providing for the corporation to retain donations
44	and other moneys; requiring that the corporation adopt
45	articles of incorporation and bylaws subject to the
46	approval of the Board of Trustees of the Internal
47	Improvement Trust Fund; authorizing the corporation to
48	appoint advisory committees; providing requirements for a
49	comprehensive business plan; specifying the procedures by
50	which the corporation shall assume the management and
51	operation of the Babcock Ranch Preserve; prohibiting the
52	corporation from taking certain actions without the
53	consent of the Board of Trustees of the Internal
54	Improvement Trust Fund; requiring that the corporation be
55	subject to certain state laws and rules governing the
56	procurement of commodities and services; authorizing the
57	corporation to assess reasonable fees; providing for
58	management of the Babcock Ranch Preserve until expiration
59	of a current management agreement; providing for reversion
60	of the management and operation responsibilities to
61	certain agencies upon the dissolution of the corporation;
62	providing that the corporation may be dissolved only by an
63	act of the Legislature; providing for reversion of funds
64	upon the dissolution of the corporation; providing for an
65	appropriation subject to specified conditions; providing
66	an effective date.
67
68	WHEREAS, the Babcock Crescent B Ranch comprises the largest
69	private undeveloped single-ownership tract of land in Charlotte
70	County and contains historical evidence in the form of old
71	logging camps and other artifacts that indicate the importance
72	of this land for domesticated livestock production, timber
73	supply, and other bona fide agricultural uses, and
74	WHEREAS, the careful husbandry of the Babcock Crescent B
75	Ranch, including selective timbering, grazing and hunting, and
76	the use of prescribed burning, has preserved a mix of healthy
77	range and timberland with significant species diversity and
78	provides a model for sustainable land development and use, and
79	WHEREAS, the Babcock Crescent B Ranch must be protected for
80	current and future generations by continued operation as a
81	working ranch under a unique management regime that protects the
82	land and resource values of the property and the surrounding
83	ecosystem while allowing and providing for the ranch to become
84	financially self-sustaining, and
85	WHEREAS, it is in the public's best interest that the
86	management regime for the Babcock Crescent B Ranch include the
87	development of an operational program for appropriate
88	preservation and development of the ranch's land and resources,
89	and
90	WHEREAS, the public's interest will be served by the
91	creation of a not-for-profit corporation to develop and
92	implement environmentally sensitive, cost-effective, and
93	creative methods to manage and operate a working ranch, NOW,
94	THEREFORE,
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Section 259.106, Florida Statutes, is created
99	to read:
100	259.106  Babcock Ranch Preserve; Babcock Ranch, Inc.;
101	creation; membership; organization; meetings.--
102	(1)  SHORT TITLE.--This section may be cited as the
103	"Babcock Ranch Preserve Act."
104	(2)  DEFINITIONS.--As used in this section, the term:
105	(a)  "Babcock Ranch Preserve" and "preserve" mean the lands
106	and facilities acquired in the purchase of the Babcock Crescent
107	B Ranch.
108	(b)  "Babcock Ranch, Inc." and "corporation" mean the not-
109	for-profit corporation created under this section to operate and
110	manage the Babcock Ranch Preserve as a working ranch.
111	(c)  "Board of directors" means the governing board of the
112	not-for-profit corporation created under this section.
113	(d)  "Commission" means the Fish and Wildlife Conservation
114	Commission.
115	(e)  "Commissioner" means the Commissioner of Agriculture.
116	(f)  "Department" means the Department of Agriculture and
117	Consumer Services.
118	(g)  "Financially self-sustaining" means management and
119	operating expenditures not more than the revenues collected from
120	fees and other receipts for resource use and development and
121	from interest and invested funds.
122	(h)  "Management and operating expenditures" means expenses
123	of the corporation, including, but not limited to, salaries and
124	benefits of officers and staff, administrative and operating
125	expenses, costs for improvements to and maintenance of lands and
126	facilities of the Babcock Ranch Preserve, and other similar
127	expenses. Such expenditures shall be made from revenues
128	generated from the operation of the ranch and not from funds
129	appropriated by the Legislature except as provided in this
130	section.
131	(i)  "Member" means a person appointed to the board of
132	directors of the not-for-profit corporation created under this
133	section.
134	(j)  "Multiple use" means the management of all of the
135	renewable surface resources of the Babcock Ranch Preserve to
136	best meet the needs of the public, including the use of the land
137	for some or all of the renewable surface resources or related
138	services over areas large enough to allow for periodic
139	adjustments in use to conform to the changing needs and
140	conditions of the preserve while recognizing that a portion of
141	the land will be used for some of the renewable surface
142	resources available on that land. The goal of multiple use is
143	the harmonious and coordinated management of the renewable
144	surface resources without impairing the productivity of the land
145	and considering the relative value of the renewable surface
146	resources, and not necessarily a combination of uses to provide
147	the greatest monetary return or the greatest unit output.
148	(k)  "Sustained yield of the renewable surface resources"
149	means the achievement and maintenance of a high level of annual
150	or regular periodic output of the various renewable surface
151	resources of the preserve without impairing the productivity of
152	the land.
153	(l)  "Working ranch" means those activities necessary to
154	accomplish the goals of multiple use and sustained yield of the
155	renewable surface resources and includes, but is not limited to,
156	silvicultural operations, regardless of location or species,
157	pasture management, livestock management, native plant nursery
158	operations, apiary operations, sod farming, ecotourism, tenant
159	farming, hunting leases, and horticultural debris disposal.
160	(3)  CREATION OF BABCOCK RANCH PRESERVE.--
161	(a)  The acquisition of the Babcock Crescent B Ranch by the
162	Board of Trustees of the Internal Improvement Trust Fund is a
163	conservation acquisition with a goal of sustaining the
164	ecological and economic integrity of the property being acquired
165	while allowing the business of the working ranch to operate and
166	prosper.
167	(b)  Upon the date of acquisition of the Babcock Crescent B
168	Ranch, there is created the Babcock Ranch Preserve, which shall
169	be managed in accordance with the purposes and requirements of
170	this section.
171	(c)  The preserve is established to protect and preserve
172	the environmental, agricultural, scientific, scenic, geologic,
173	watershed, fish, wildlife, historic, cultural, and recreational
174	values of the preserve, and to provide for the multiple use and
175	sustained yield of the renewable surface resources within the
176	preserve consistent with this section. There shall be no
177	restriction, including reference to location or species, on any
178	silvicultural operation so long as current best management
179	practices adopted by the department are followed. Pasture
180	management, hunting leases, and tenant farming shall be allowed
181	at the discretion of Babcock Ranch, Inc.
182	(d)  Babcock Ranch, Inc., and its officers and employees
183	shall participate in the management of the Babcock Ranch
184	Preserve in an advisory capacity only until the management
185	agreement is terminated or 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	comprehensive business plan prior to the submission of that plan
369	to the Board of Trustees of the Internal Improvement Trust Fund
370	for 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 or take and hold real and personal property as security
404	for the payment of funds lent or invested.
405	7.  The corporation may not merge with other corporations
406	or other business entities.
407	8.  The corporation may not enter into any contract, lease,
408	or other agreement related to the use of ground or surface
409	waters located in, on, or through the preserve without the
410	consent of the Board of Trustees of the Internal Improvement
411	Trust Fund and permits that may be required by the Department of
412	Environmental Protection or the appropriate water management
413	district under chapters 373 and 403.
414	9.  The corporation may not grant any easements in, on, or
415	across the preserve. Any easements to be granted for the use of,
416	access to, or ingress and egress across state property within
417	the preserve must be executed by the Board of Trustees of the
418	Internal Improvement Trust Fund as the owners of the state
419	property within the preserve. Any easements to be granted for
420	the use of, access to, or ingress and egress across property
421	within the preserve titled in the name of a local government
422	must be granted by the governing body of that local government.
423	10.  The corporation may not enter into any contract,
424	lease, or other agreement related to the use and occupancy of
425	the property within the preserve for a period of greater than 10
426	years.
427	(d)  The corporation, in consultation with the commission
428	and the department, may designate hunting, fishing, and trapping
429	zones and may establish additional periods when no hunting,
430	fishing, or trapping shall be permitted for reasons of public
431	safety, administration, and the protection and enhancement of
432	nongame habitat and nongame species, as defined under s.
433	372.001.
434	(e)  The corporation shall have the sole and exclusive
435	right to use the words "Babcock Ranch, Inc." and any seal,
436	emblem, or other insignia adopted by the members. Without the
437	express written authority of the corporation, no person may use
438	the words "Babcock Ranch, Inc." as the name under which that
439	person conducts or purports to conduct business, for the purpose
440	of trade or advertisement, or in any manner that may suggest any
441	connection with the corporation.
442	(f)  The corporation may from time to time appoint advisory
443	committees to further any part of this section. The advisory
444	committees shall be reflective of the expertise necessary for
445	the particular function for which the committee is created and
446	may include public agencies, private entities, and not-for-
447	profit conservation and agricultural representatives.
448	(g)  State laws governing the procurement of commodities
449	and services by state agencies, as provided in s. 287.057, shall
450	apply to the corporation.
451	(h)  The corporation and its subsidiaries must provide
452	equal employment opportunities for all persons regardless of
453	race, color, religion, gender, national origin, age, handicap,
454	or marital status.
455	(10)  OPERATING FUND; AUDIT; REPORTING REQUIREMENTS; ANNUAL
456	BUDGET.--
457	(a)  The board of directors may establish and manage an
458	operating fund to address the corporation's unique cash-flow
459	needs and to facilitate the management and operation of the
460	preserve as a working ranch. A cash balance reserve of not more
461	than 25 percent of the annual management and operating
462	expenditures of the corporation may accumulate and be maintained
463	in the operating fund at any time.
464	(b)  The board of directors shall provide for an annual
465	financial audit of the corporate accounts and records to be
466	conducted by an independent certified public accountant in
467	accordance with rules adopted by the Auditor General under s.
468	11.45(8). The audit report shall be submitted no later than 3
469	months following the end of the fiscal year to the Auditor
470	General, the President of the Senate, the Speaker of the House
471	of Representatives, and the appropriate substantive and fiscal
472	committees of the Legislature. The Auditor General, the Office
473	of Program Policy Analysis and Government Accountability, and
474	the substantive or fiscal committees of the Legislature to which
475	legislation affecting the Babcock Ranch Preserve may be referred
476	shall have the authority to require and receive from the
477	corporation or from the independent auditor any records relative
478	to the operation of the corporation.
479	(c)  Not later than January 15 of each year, Babcock Ranch,
480	Inc., shall submit to the Board of Trustees of the Internal
481	Improvement Trust Fund, the President of the Senate, the Speaker
482	of the House of Representatives, the department, and the
483	commission a comprehensive and detailed report of its
484	operations, activities, and accomplishments for the prior year,
485	including information on the status of the ecological, cultural,
486	and financial resources being managed by the corporation and the
487	benefits provided by the preserve to local communities. The
488	report shall also include a section describing the corporation's
489	goals for the current year.
490	(d)  The board of directors shall prepare an annual budget
491	with the goal of achieving a financially self-sustaining
492	operation within 15 full fiscal years after the initial
493	acquisition of the Babcock Crescent B Ranch by the state. The
494	department shall provide necessary assistance, including details
495	as necessary, to the corporation for the timely formulation and
496	submission of an annual legislative budget request for
497	appropriations, if any, to support the administration,
498	operation, and maintenance of the preserve. A request for
499	appropriations, if necessary, shall be submitted to the
500	department and shall be included in the department's annual
501	legislative budget request as a separate line item
502	appropriation. Requests for appropriations shall be submitted to
503	the department in time to allow the department to meet the
504	requirements of s. 216.023. The department may not deny a
505	request or refuse to include in its annual legislative budget
506	submission a request from the corporation for an appropriation.
507	(e)  Notwithstanding any other provision of law, all moneys
508	received from donations or from management of the preserve shall
509	be retained by the corporation in the operating fund and shall
510	be available, without further appropriation, for the
511	administration, preservation, restoration, operation and
512	maintenance, improvements, repairs, and related expenses
513	incurred with respect to properties being managed by the
514	corporation. Except as provided in this section, moneys received
515	by the corporation for the management of the preserve shall not
516	be subject to distribution by the state. Upon assuming
517	management responsibilities for the preserve, the corporation
518	shall optimize the generation of income based on existing
519	marketing conditions to the extent that activities do not
520	unreasonably diminish the long-term environmental, agricultural,
521	scenic, and natural values of the preserve or the multiple-use
522	and sustained-yield capability of the land.
523	(f)  All parties in contract with the corporation and all
524	holders of leases from the corporation that are authorized to
525	occupy, use, or develop properties under the management
526	jurisdiction of the corporation must procure the proper
527	insurance as is reasonable or customary to insure against any
528	loss in connection with the properties or with activities
529	authorized in the leases or contracts.
530	(11)  COMPREHENSIVE BUSINESS PLAN.--
531	(a)  A comprehensive business plan for the management and
532	operation of the preserve as a working ranch and amendments to
533	the business plan may be developed with input from the
534	department and the commission and may be implemented by Babcock
535	Ranch, Inc., upon the termination or expiration of the
536	management agreement. Any amendment to the business plan
537	regarding the agricultural operations of the ranch shall not be
538	effective 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 or expiration of the management agreement.
593	(b)  Upon assuming management and operation of the
594	preserve, the corporation shall:
595	1.  With input from the commission and the department,
596	manage and operate the preserve and the uses thereof, including,
597	but not limited to, the activities necessary to administer and
598	operate the preserve as a working ranch; the activities
599	necessary for the preservation and development of the land and
600	renewable surface resources of the preserve; the activities
601	necessary for interpretation of the history of the preserve on
602	behalf of the public; the activities necessary for the
603	management, public use, and occupancy of facilities and lands
604	within the preserve; and the maintenance, rehabilitation,
605	repair, and improvement of property within the preserve.
606	2.  Develop programs and activities relating to the
607	management of the preserve as a working ranch.
608	3.  Negotiate directly with and enter into such agreements,
609	leases, contracts, and other arrangements with any person, firm,
610	association, organization, corporation, or governmental entity,
611	including entities of federal, state, and local governments, as
612	are necessary and appropriate to carry out the purposes and
613	activities authorized by this section.
614	4.  Establish procedures for entering into lease agreements
615	and other agreements for the use and occupancy of the facilities
616	of the preserve. The procedures shall ensure reasonable
617	competition and set guidelines for determining reasonable fees,
618	terms, and conditions for such agreements.
619	5.  Assess reasonable fees for admission to, use of, and
620	occupancy of the preserve for operation of the preserve as a
621	working ranch. These fees are independent of fees assessed by
622	the commission for the privilege of hunting, fishing, or
623	pursuing outdoor recreational activities within the preserve and
624	shall be deposited into the operating fund established by the
625	board of directors under the authority provided in this section.
626	(13)  MISCELLANEOUS PROVISIONS.--
627	(a)  Except for the powers of the commissioner provided in
628	this section and the powers of the commission provided in s. 9,
629	Art. IV of the State Constitution, the preserve shall be managed
630	by Babcock Ranch, Inc.
631	(b)  Officers and employees of Babcock Ranch, Inc., are
632	private employees. At the request of the board of directors, the
633	commission and the department may provide state employees for
634	the purpose of implementing this section. Any state employee
635	provided to assist the directors in implementing this section
636	for more than 30 days shall be provided on a reimbursable basis.
637	Reimbursement to the commission and the department shall be made
638	from the corporation's operating fund provided under this
639	section and not from any funds appropriated to the corporation
640	by the Legislature.
641	(14)  DISSOLUTION OF BABCOCK RANCH, INCORPORATED.--
642	(a)  The corporation may be dissolved only by an act of the
643	Legislature.
644	(b)  Upon dissolution of the corporation, the management
645	responsibilities provided in this section shall revert to the
646	commission and the department unless otherwise provided by the
647	Legislature under the act dissolving Babcock Ranch, Inc.
648	(c)  Upon dissolution of the corporation, any cash balances
649	of funds shall revert to the General Revenue fund or such other
650	state fund as may be provided under the act dissolving Babcock
651	Ranch, Inc.
652	Section 2.  (1)  The sum of $310 million is appropriated
653	from the Land Acquisition Trust Fund to the Department of
654	Environmental Protection for the purchase of the Babcock
655	Crescent B Ranch contingent upon the purchase or management
656	agreement or both agreements containing or not conflicting with
657	the following provisions:
658	(a)  Babcock Ranch Management, LLC, shall be the managing
659	entity of the working ranch for 5 years with an option to
660	continue for an additional 5 years.
661	(b)  Babcock Ranch, Inc., shall take over the management of
662	the working ranch after the Babcock Ranch Management, LLC,
663	ceases to be the ranch manager.
664	(c)  Babcock Ranch, Inc., shall adopt a comprehensive
665	business plan consistent with current ranch management practices
666	when Babcock Ranch, Inc., takes over management of the working
667	ranch.
668	(d)  The Commissioner of Agriculture shall have authority
669	to approve or reject any proposed changes to the comprehensive
670	business plan relating to the agricultural operations on the
671	working ranch.
672	(e)  The working ranch shall continue to be operated in a
673	financially self-sustaining manner.
674	(f)  The following ranch operations shall not be prohibited
675	or restricted except by general law:
676	1.  Silvicultural operations, regardless of species and
677	location.
678	2.  Tenant farming.
679	3.  Hunting leases.
680	4.  Any other bona fide agricultural use.
681	(2)  The funds appropriated in subsection (1) shall be
682	distributed to the seller in accordance with the terms of the
683	purchase agreement but no sooner than the following dates:
684	(a)  The sum of $162,500,000 on or after July 1, 2006.
685	(b)  The sum of $62,500,000 on or after July 1, 2007.
686	(c)  The sum of $62,500,000 on or after July 1, 2008.
687	(d)  The sum of $22,500,000 on or after July 1, 2009.
688	Section 3.  This act shall take effect upon becoming a law.

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