HB 1347

1
A bill to be entitled
2An act relating to land management; creating s. 259.106,
3F.S.; creating the Babcock Ranch Preserve Act; providing
4definitions; creating the Babcock Ranch Preserve, a
5conservation acquisition with certain goals; creating
6Babcock Ranch, Inc., a not-for-profit corporation to be
7incorporated in the state; providing that the corporation
8shall act as an instrumentality of the state for purposes
9of sovereign immunity under s. 768.28, F.S.; providing
10that the corporation shall not be an agency under s.
1120.03, F.S., or a unit or entity of state government;
12providing that the corporation is subject to the
13provisions of chs. 119 and 286, F.S., relating to public
14records and meetings; requiring public records and
15meetings; providing for the corporation to be governed by
16a board of directors; providing for the qualifications,
17appointment, removal, and liability of board members and
18their terms of office; prohibiting any board member from
19voting on any measure that constitutes a conflict of
20interest; providing for the board members to serve without
21compensation, but to receive per diem and travel expenses;
22providing for organization and meetings; authorizing state
23agencies to provide state employees for purposes of
24implementing the Babcock Ranch Preserve; providing certain
25powers and duties of the corporation; providing
26limitations on the powers and duties of the corporation;
27providing that the corporation and its subsidiaries must
28provide equal employment opportunities; providing for the
29corporation to establish and manage an operating fund;
30requiring an annual financial audit of the accounts and
31records of the corporation; requiring annual reports by
32the corporation to the Board of Trustees of the Internal
33Improvement Trust Fund, the Legislature, the Department of
34Agriculture and Consumer Services, and the Fish and
35Wildlife Conservation Commission; requiring that the
36corporation prepare an annual budget; specifying a goal of
37financially self-sustaining operation within a certain
38period; providing for the corporation to retain donations
39and other moneys; requiring that the corporation adopt
40articles of incorporation and bylaws subject to the
41approval of the Board of Trustees of the Internal
42Improvement Trust Fund; authorizing the corporation to
43appoint advisory committees; providing requirements for a
44comprehensive business plan; specifying the procedures by
45which the corporation shall assume the management and
46operation of the Babcock Ranch Preserve; prohibiting the
47corporation from taking certain actions without the
48consent of the Board of Trustees of the Internal
49Improvement Trust Fund; requiring that the corporation be
50subject to certain state laws and rules governing the
51procurement of commodities and services; authorizing the
52corporation to assess reasonable fees; providing for
53management of the Babcock Ranch Preserve until expiration
54of a current management agreement; providing for reversion
55of the management and operation responsibilities to
56certain agencies upon the dissolution of the corporation;
57providing that the corporation may be dissolved only by an
58act of the Legislature; providing for reversion of funds
59upon the dissolution of the corporation; providing for an
60appropriation subject to specified conditions; providing
61an effective date.
62
63     WHEREAS, the Babcock Crescent B Ranch comprises the largest
64private undeveloped single-ownership tract of land in Charlotte
65County and contains historical evidence in the form of old
66logging camps and other artifacts that indicate the importance
67of this land for domesticated livestock production, timber
68supply, and other bona fide agricultural uses, and
69     WHEREAS, the careful husbandry of the Babcock Crescent B
70Ranch, including selective timbering, grazing and hunting, and
71the use of prescribed burning, has preserved a mix of healthy
72range and timberland with significant species diversity and
73provides a model for sustainable land development and use, and
74     WHEREAS, the Babcock Crescent B Ranch must be protected for
75current and future generations by continued operation as a
76working ranch under a unique management regime that protects the
77land and resource values of the property and the surrounding
78ecosystem while allowing and providing for the ranch to become
79financially self-sustaining, and
80     WHEREAS, it is in the public's best interest that the
81management regime for the Babcock Crescent B Ranch include the
82development of an operational program for appropriate
83preservation and development of the ranch's land and resources,
84and
85     WHEREAS, the public's interest will be served by the
86creation of a not-for-profit corporation to develop and
87implement environmentally sensitive, cost-effective, and
88creative methods to manage and operate a working ranch, NOW,
89THEREFORE,
90
91Be It Enacted by the Legislature of the State of Florida:
92
93     Section 1.  Section 259.106, Florida Statutes, is created
94to read:
95     259.106  Babcock Ranch Preserve; Babcock Ranch, Inc.;
96creation; membership; organization; meetings.--
97     (1)  SHORT TITLE.--This section may be cited as the
98"Babcock Ranch Preserve Act."
99     (2)  DEFINITIONS.--As used in this section, the term:
100     (a)  "Babcock Ranch Preserve" and "preserve" mean the lands
101and facilities acquired in the purchase of the Babcock Crescent
102B Ranch.
103     (b)  "Babcock Ranch, Inc." and "corporation" mean the not-
104for-profit corporation created under this section to operate and
105manage the Babcock Ranch Preserve as a working ranch.
106     (c)  "Board of directors" means the governing board of the
107not-for-profit corporation created under this section.
108     (d)  "Commission" means the Fish and Wildlife Conservation
109Commission.
110     (e)  "Commissioner" means the Commissioner of Agriculture.
111     (f)  "Department" means the Department of Agriculture and
112Consumer Services.
113     (g)  "Financially self-sustaining" means management and
114operating expenditures not more than the revenues collected from
115fees and other receipts for resource use and development and
116from interest and invested funds.
117     (h)  "Management and operating expenditures" means expenses
118of the corporation, including, but not limited to, salaries and
119benefits of officers and staff, administrative and operating
120expenses, costs for improvements to and maintenance of lands and
121facilities of the Babcock Ranch Preserve, and other similar
122expenses. Such expenditures shall be made from revenues
123generated from the operation of the ranch and not from funds
124appropriated by the Legislature except as provided in this
125section.
126     (i)  "Member" means a person appointed to the board of
127directors of the not-for-profit corporation created under this
128section.
129     (j)  "Multiple use" means the management of all of the
130renewable surface resources of the Babcock Ranch Preserve to
131best meet the needs of the public, including the use of the land
132for some or all of the renewable surface resources or related
133services over areas large enough to allow for periodic
134adjustments in use to conform to the changing needs and
135conditions of the preserve while recognizing that a portion of
136the land will be used for some of the renewable surface
137resources available on that land. The goal of multiple use is
138the harmonious and coordinated management of the renewable
139surface resources without impairing the productivity of the land
140and considering the relative value of the renewable surface
141resources, and not necessarily a combination of uses to provide
142the greatest monetary return or the greatest unit output.
143     (k)  "Sustained yield of the renewable surface resources"
144means the achievement and maintenance of a high level of annual
145or regular periodic output of the various renewable surface
146resources of the preserve without impairing the productivity of
147the land.
148     (l)  "Working ranch" means those activities necessary to
149accomplish the goals of multiple use and sustained yield of the
150renewable surface resources, considering historical agricultural
151uses of the property and other compatible agricultural uses of
152the property.
153     (3)  CREATION OF BABCOCK RANCH PRESERVE.--
154     (a)  The acquisition of the Babcock Crescent B Ranch by the
155Board of Trustees of the Internal Improvement Trust Fund is a
156conservation acquisition with a goal of sustaining the
157ecological and economic integrity of the property being acquired
158while allowing the business of the working ranch to operate and
159prosper.
160     (b)  Upon the date of acquisition of the Babcock Crescent B
161Ranch, there is created the Babcock Ranch Preserve, which shall
162be managed in accordance with the purposes and requirements of
163this section.
164     (c)  The preserve is established to protect and preserve
165the environmental, agricultural, scientific, scenic, geologic,
166watershed, fish, wildlife, historic, cultural, and recreational
167values of the preserve, and to provide for the multiple use and
168sustained yield of the renewable surface resources within the
169preserve consistent with this section. There shall be no
170restriction, including reference to location or species, on any
171silvicultural operation so long as current best management
172practices adopted by the department are followed. Pasture
173management, hunting leases, and tenant farming shall be allowed
174at the discretion of Babcock Ranch, Inc.
175     (d)  Babcock Ranch, Inc., and its officers and employees
176shall participate in the management of the Babcock Ranch
177Preserve in an advisory capacity only until the management
178agreement is terminated or expires.
179     (e)  Nothing in this section shall preclude Babcock Ranch,
180Inc., prior to assuming management and operation of the preserve
181and thereafter, from allowing the use of common varieties of
182mineral materials such as sand, stone, and gravel for
183construction and maintenance of roads and facilities within the
184preserve.
185     (f)  Nothing in this section shall be construed as
186affecting the constitutional responsibilities of the commission
187in the exercise of its regulatory and executive power with
188respect to wild animal life and freshwater aquatic life,
189including the regulation of hunting, fishing, and trapping
190within the preserve.
191     (g)  Nothing in this section shall be construed to
192interfere with or prevent the ability of Babcock Ranch, Inc., to
193implement agricultural practices authorized by the agricultural
194land use designations established in the local comprehensive
195plans of either Charlotte County or Lee County as those plans
196apply to the Babcock Ranch Preserve, so long as such plans are
197not in conflict with this section or general law.
198     (h)  Nothing in this section shall preclude the maintenance
199and use of roads and trails or the relocation of roads in
200existence on the effective date of this section, or the
201construction, maintenance, and use of new trails, or any
202motorized access necessary for the administration of the land
203contained within the preserve, including motorized access
204necessary for emergencies involving the health or safety of
205persons within the preserve.
206     (4)  CREATION OF BABCOCK RANCH, INCORPORATED.--
207     (a)  There is created a not-for-profit corporation, to be
208known as Babcock Ranch, Inc., which shall be registered,
209incorporated, organized, and operated in compliance with the
210provisions of chapter 617 and which shall not be a unit or
211entity of state government. For purposes of sovereign immunity,
212the corporation shall be a corporation primarily acting as an
213instrumentality of the state but otherwise shall not be an
214agency within the meaning of s. 20.03(11) or a unit or entity of
215state government.
216     (b)  The corporation is organized on a nonstock basis and
217shall operate in a manner consistent with its public purpose and
218in the best interest of the state.
219     (c)  Meetings and records of the corporation, its
220directors, advisory committees, or similar groups created by the
221corporation, including any not-for-profit subsidiaries, are
222subject to the public records provisions of chapter 119 and the
223public meetings and records provisions of s. 286.011.
224     (5)  APPLICABILITY OF SECTION.--In any conflict between a
225provision of this section and a provision of chapter 617, the
226provision of this section shall prevail.
227     (6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is to
228provide management and administrative services for the preserve,
229to establish and implement management policies that will achieve
230the purposes and requirements of this section, to cooperate with
231state agencies to further the purposes of the preserve, and to
232establish the administrative and accounting procedures for the
233operation of the corporation.
234     (7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
235corporation shall be governed by a nine-member board of
236directors who shall be appointed by the Board of Trustees of the
237Internal Improvement Trust Fund; the commission; the
238commissioner; the Babcock Ranch Management, LLC, a corporation
239registered to do business in the state, or its successors or
240assigns; the Board of County Commissioners of Charlotte County;
241and the Board of County Commissioners of Lee County in the
242following manner:
243     (a)1.  The Board of Trustees of the Internal Improvement
244Trust Fund shall appoint four members. One appointee shall have
245expertise in domesticated livestock management, production, and
246marketing, including range management and livestock business
247management. One appointee shall have expertise in the management
248of game and nongame wildlife and fish populations, including
249hunting, fishing, and other recreational activities. One
250appointee shall have expertise in the sustainable management of
251forest lands for commodity purposes. One appointee shall have
252expertise in financial management, budget and program analysis,
253and small business operations.
254     2.  The commission shall appoint one member with expertise
255in hunting; fishing; nongame species management; or wildlife
256habitat management, restoration, and conservation.
257     3.  The commissioner shall appoint one member with
258expertise in agricultural operations or forestry management.
259     4.  The Babcock Ranch Management, LLC, its successors or
260assigns, shall appoint one member with expertise in the
261activities and management of the Babcock Crescent B Ranch on the
262date of acquisition of the ranch by the state. This appointee
263shall serve on the board of directors only until the termination
264or expiration of the management agreement. Upon termination or
265expiration of the management agreement, the person serving as
266the head of the property owners' association, if any, required
267to be created under the agreement for sale and purchase shall
268serve as a member of the Board of Directors of Babcock Ranch,
269Inc.
270     5.  The Board of County Commissioners of Charlotte County
271shall appoint one member who shall be a resident of the county
272and who shall be active in an organization concerned with the
273activities of the ranch.
274     6.  The Board of County Commissioners of Lee County shall
275appoint one member who shall be a resident of the county and who
276shall have experience in land conservation and management. This
277appointee, or a successor appointee, shall serve as a member of
278the board of directors so long as the county participates in the
279state land management plan.
280     (b)  All members of the board of directors shall be
281appointed no later than 90 days following the initial
282acquisition of the Babcock Crescent B Ranch by the state.
283     1.  Four members initially appointed by the Board of
284Trustees of the Internal Improvement Trust Fund shall each serve
285a 4-year term.
286     2.  The remaining initial five appointees shall each serve
287a 2-year term.
288     3.  Each member appointed thereafter shall serve a 4-year
289term.
290     4.  A vacancy shall be filled in the same manner in which
291the original appointment was made, and a member appointed to
292fill a vacancy shall serve for the remainder of that term.
293     5.  No member may serve more than 8 years in consecutive
294terms.
295     (c)  No appointee shall be an employee of any governmental
296entity.
297     (d)  With the exception of the Babcock Ranch Management,
298LLC, appointee, no member may be an officer, director, or
299shareholder in any entity that contracts with or receives funds
300from the corporation or its subsidiaries.
301     (e)  No member shall vote in an official capacity upon any
302measure that would inure to his or her special private gain or
303loss, that he or she knows would inure to the special private
304gain or loss of any principal by whom he or she is retained or
305to the parent organization or subsidiary of a principal by which
306he or she is retained, or that he or she knows would inure to
307the special private gain or loss of a relative or business
308associate of the member. Such member shall, prior to the vote
309being taken, publicly state the nature of his or her interest in
310the matter from which he or she is abstaining from voting and,
311no later than 15 days after the date the vote occurs, shall
312disclose the nature of his or her interest as a public record in
313a memorandum filed with the person responsible for recording the
314minutes of the meeting, who shall incorporate the memorandum in
315the minutes of the meeting.
316     (f)  Each member of the board of directors is accountable
317for the proper performance of the duties of office, and each
318member owes a fiduciary duty to the people of the state to
319ensure that funds provided in furtherance of this section are
320disbursed and used as prescribed by law and contract. Any
321official appointing a member may remove that member for
322malfeasance, misfeasance, neglect of duty, incompetence,
323permanent inability to perform official duties, unexcused
324absence from three consecutive meetings of the board, arrest or
325indictment for a crime that is a felony or misdemeanor involving
326theft or a crime of dishonesty, or pleading nolo contendere to,
327or being found guilty of, any crime.
328     (g)  Each member of the board of directors shall serve
329without compensation but shall receive travel and per diem
330expenses as provided in s. 112.061 while in the performance of
331his or her duties. These expenses shall be paid from the
332operating funds of the ranch.
333     (8)  ORGANIZATION; MEETINGS.--
334     (a)1.  The board of directors shall annually elect a chair
335and a vice chair from among the board's members. The members
336may, by a vote of at least five of the nine board members,
337remove a member from the position of chair or vice chair prior
338to the expiration of his or her term as chair or vice chair. His
339or her successor shall be elected to serve for the balance of
340the removed chair's or vice chair's term.
341     2.  The chair shall ensure that records are kept of the
342proceedings of the board of directors and is the custodian of
343all books, documents, and papers filed with the board, the
344minutes of meetings of the board, and the official seal of the
345corporation.
346     (b)1.  The board of directors shall meet upon the call of
347the chair at least three times per year in Charlotte County or
348in Lee County.
349     2.  A majority of the members of the board of directors
350constitutes a quorum. Except as otherwise provided in this
351section, the board of directors may take official action by a
352majority of the members present at any meeting at which a quorum
353is present. Members may not vote by proxy.
354     (9)  POWERS AND DUTIES.--
355     (a)  The board of directors shall adopt articles of
356incorporation and bylaws necessary to govern its activities. The
357adopted articles of incorporation and bylaws must be approved by
358the Board of Trustees of the Internal Improvement Trust Fund
359prior to filing with the Department of State.
360     (b)  The board of directors shall review and approve any
361comprehensive business plan prior to the submission of that plan
362to the Board of Trustees of the Internal Improvement Trust Fund
363for approval and implementation.
364     (c)1.  Except for the constitutional powers of the
365commission as provided in s. 9, Art. IV of the State
366Constitution, the board of directors shall have all necessary
367and proper powers for the exercise of the authority vested in
368the corporation, including, but not limited to, the power to
369solicit and accept donations of funds, property, supplies, or
370services from individuals, foundations, corporations, and other
371public or private entities for the purposes of this section. All
372funds received by the corporation shall be deposited into the
373operating fund authorized under this section unless otherwise
374directed by the Legislature.
375     2.  The board of directors may not increase the number of
376its members.
377     3.  The corporation may not purchase, take, receive, lease,
378take by gift, devise, or bequest, or otherwise acquire, own,
379hold, improve, use, or otherwise deal in and with real property,
380or any interest therein, wherever situated, unless otherwise
381provided in this section.
382     4.  The corporation may not sell, convey, mortgage, pledge,
383lease, exchange, transfer, or otherwise dispose of any real
384property, unless otherwise provided in this section.
385     5.  The corporation may not purchase, take, receive,
386subscribe for, or otherwise acquire, own, hold, vote, use,
387employ, sell, mortgage, lend, pledge, or otherwise dispose of,
388or otherwise use and deal in and with, shares and other
389interests in, or obligations of, other domestic or foreign
390corporations, whether for profit or not for profit,
391associations, partnerships, or individuals, or direct or
392indirect obligations of the United States or of any other
393government, state, territory, government district, municipality,
394or any instrumentality thereof.
395     6.  The corporation may not lend money for its corporate
396purposes or take and hold real and personal property as security
397for the payment of funds lent or invested.
398     7.  The corporation may not merge with other corporations
399or other business entities.
400     8.  The corporation may not enter into any contract, lease,
401or other agreement related to the use of ground or surface
402waters located in, on, or through the preserve without the
403consent of the Board of Trustees of the Internal Improvement
404Trust Fund and permits that may be required by the Department of
405Environmental Protection or the appropriate water management
406district under chapters 373 and 403.
407     9.  The corporation may not grant any easements in, on, or
408across the preserve. Any easements to be granted for the use of,
409access to, or ingress and egress across state property within
410the preserve must be executed by the Board of Trustees of the
411Internal Improvement Trust Fund as the owners of the state
412property within the preserve. Any easements to be granted for
413the use of, access to, or ingress and egress across property
414within the preserve titled in the name of a local government
415must be granted by the governing body of that local government.
416     10.  The corporation may not enter into any contract,
417lease, or other agreement related to the use and occupancy of
418the property within the preserve for a period of greater than 10
419years.
420     (d)  The corporation, in consultation with the commission
421and the department, may designate hunting, fishing, and trapping
422zones and may establish additional periods when no hunting,
423fishing, or trapping shall be permitted for reasons of public
424safety, administration, and the protection and enhancement of
425nongame habitat and nongame species, as defined under s.
426372.001.
427     (e)  The corporation shall have the sole and exclusive
428right to use the words "Babcock Ranch, Inc." and any seal,
429emblem, or other insignia adopted by the members. Without the
430express written authority of the corporation, no person may use
431the words "Babcock Ranch, Inc." as the name under which that
432person conducts or purports to conduct business, for the purpose
433of trade or advertisement, or in any manner that may suggest any
434connection with the corporation.
435     (f)  The corporation may from time to time appoint advisory
436committees to further any part of this section. The advisory
437committees shall be reflective of the expertise necessary for
438the particular function for which the committee is created and
439may include public agencies, private entities, and not-for-
440profit conservation and agricultural representatives.
441     (g)  State laws governing the procurement of commodities
442and services by state agencies, as provided in s. 287.057, shall
443apply to the corporation.
444     (h)  The corporation and its subsidiaries must provide
445equal employment opportunities for all persons regardless of
446race, color, religion, gender, national origin, age, handicap,
447or marital status.
448     (10)  OPERATING FUND; AUDIT; REPORTING REQUIREMENTS; ANNUAL
449BUDGET.--
450     (a)  The board of directors may establish and manage an
451operating fund to address the corporation's unique cash-flow
452needs and to facilitate the management and operation of the
453preserve as a working ranch. A cash balance reserve of not more
454than 25 percent of the annual management and operating
455expenditures of the corporation may accumulate and be maintained
456in the operating fund at any time.
457     (b)  The board of directors shall provide for an annual
458financial audit of the corporate accounts and records to be
459conducted by an independent certified public accountant in
460accordance with rules adopted by the Auditor General under s.
46111.45(8). The audit report shall be submitted no later than 3
462months following the end of the fiscal year to the Auditor
463General, the President of the Senate, the Speaker of the House
464of Representatives, and the appropriate substantive and fiscal
465committees of the Legislature. The Auditor General, the Office
466of Program Policy Analysis and Government Accountability, and
467the substantive or fiscal committees of the Legislature to which
468legislation affecting the Babcock Ranch Preserve may be referred
469shall have the authority to require and receive from the
470corporation or from the independent auditor any records relative
471to the operation of the corporation.
472     (c)  Not later than January 15 of each year, Babcock Ranch,
473Inc., shall submit to the Board of Trustees of the Internal
474Improvement Trust Fund, the President of the Senate, the Speaker
475of the House of Representatives, the department, and the
476commission a comprehensive and detailed report of its
477operations, activities, and accomplishments for the prior year,
478including information on the status of the ecological, cultural,
479and financial resources being managed by the corporation and the
480benefits provided by the preserve to local communities. The
481report shall also include a section describing the corporation's
482goals for the current year.
483     (d)  The board of directors shall prepare an annual budget
484with the goal of achieving a financially self-sustaining
485operation within 15 full fiscal years after the initial
486acquisition of the Babcock Crescent B Ranch by the state. The
487department shall provide necessary assistance, including details
488as necessary, to the corporation for the timely formulation and
489submission of an annual legislative budget request for
490appropriations, if any, to support the administration,
491operation, and maintenance of the preserve. A request for
492appropriations, if necessary, shall be submitted to the
493department and shall be included in the department's annual
494legislative budget request as a separate line item
495appropriation. Requests for appropriations shall be submitted to
496the department in time to allow the department to meet the
497requirements of s. 216.023. The department may not deny a
498request or refuse to include in its annual legislative budget
499submission a request from the corporation for an appropriation.
500     (e)  Notwithstanding any other provision of law, all moneys
501received from donations or from management of the preserve shall
502be retained by the corporation in the operating fund and shall
503be available, without further appropriation, for the
504administration, preservation, restoration, operation and
505maintenance, improvements, repairs, and related expenses
506incurred with respect to properties being managed by the
507corporation. Except as provided in this section, moneys received
508by the corporation for the management of the preserve shall not
509be subject to distribution by the state. Upon assuming
510management responsibilities for the preserve, the corporation
511shall optimize the generation of income based on existing
512marketing conditions to the extent that activities do not
513unreasonably diminish the long-term environmental, agricultural,
514scenic, and natural values of the preserve or the multiple-use
515and sustained-yield capability of the land.
516     (f)  All parties in contract with the corporation and all
517holders of leases from the corporation that are authorized to
518occupy, use, or develop properties under the management
519jurisdiction of the corporation must procure the proper
520insurance as is reasonable or customary to insure against any
521loss in connection with the properties or with activities
522authorized in the leases or contracts.
523     (11)  COMPREHENSIVE BUSINESS PLAN.--
524     (a)  A comprehensive business plan for the management and
525operation of the preserve as a working ranch and amendments to
526the business plan may be developed with input from the
527department and the commission and may be implemented by Babcock
528Ranch, Inc., upon the termination or expiration of the
529management agreement. Any amendment to the business plan
530regarding the agricultural operations of the ranch shall not be
531effective until approved by the commissioner.
532     (b)  Any final decision of Babcock Ranch, Inc., to adopt or
533amend the comprehensive business plan or to approve any activity
534related to the management of the renewable surface resources of
535the preserve shall be made in sessions that are open to the
536public. The board of directors shall establish procedures for
537providing adequate public information and opportunities for
538public comment on the proposed comprehensive business plan for
539the preserve or for amendments to the comprehensive business
540plan adopted by the members.
541     (c)  Not less than 2 years prior to the corporation's
542assuming management and operation responsibilities for the
543preserve, the corporation, with input from the commission and
544the department, must begin developing the comprehensive business
545plan to carry out the purposes of this section. To the extent
546consistent with these purposes, the comprehensive business plan
547shall provide for:
548     1.  The management and operation of the preserve as a
549working ranch.
550     2.  The protection and conservation of the environmental,
551agricultural, scientific, scenic, geologic, watershed, fish,
552wildlife, historic, cultural, and recreational values of the
553preserve.
554     3.  The promotion of controlled high-quality hunting
555experiences for the public, with emphasis on deer, turkey, and
556other game species.
557     4.  Multiple use and sustained yield of the renewable
558surface resources within the preserve.
559     5.  Public use of and controlled access to the preserve for
560recreation.
561     6.  The use of renewable resources and management
562alternatives that, to the extent practicable, benefit local
563communities and small businesses and enhance the coordination of
564management objectives with those on surrounding public or
565private lands. The use of renewable resources and management
566alternatives should provide cost savings to the corporation
567through the exchange of services, including, but not limited to,
568labor and maintenance of facilities, for resources or services
569provided to the corporation.
570     (d)  On or before the date on which title to the portion of
571the Babcock Crescent B Ranch being purchased by the state is
572vested in the Board of Trustees of the Internal Improvement
573Trust Fund, Babcock Ranch Management, LLC, a limited liability
574company incorporated in the state, shall provide the commission
575and the department with the current proprietary management plan
576and business plan in place.
577     (e)  The comprehensive business plan for the preserve shall
578be consistent with the management practices taking place on the
579Babcock Crescent B Ranch prior to the state taking title to the
580land.
581     (f)  To achieve the goal of a financially self-sustaining
582operation, the comprehensive business plan must preserve to the
583maximum extent practicable environmental resources and wildlife
584habitats found on the preserve.
585     (12)  MANAGEMENT OF PRESERVE; FEES.--
586     (a)  The corporation shall assume all authority provided by
587this section to manage and operate the preserve as a working
588ranch upon a determination by the Board of Trustees of the
589Internal Improvement Trust Fund that the corporation is able to
590conduct business and that provision has been made for essential
591services on the preserve, which, to the maximum extent
592practicable, shall be made no later than 60 days prior to the
593termination or expiration of the management agreement.
594     (b)  Upon assuming management and operation of the
595preserve, the corporation shall:
596     1.  With input from the commission and the department,
597manage and operate the preserve and the uses thereof, including,
598but not limited to, the activities necessary to administer and
599operate the preserve as a working ranch; the activities
600necessary for the preservation and development of the land and
601renewable surface resources of the preserve; the activities
602necessary for interpretation of the history of the preserve on
603behalf of the public; the activities necessary for the
604management, public use, and occupancy of facilities and lands
605within the preserve; and the maintenance, rehabilitation,
606repair, and improvement of property within the preserve.
607     2.  Develop programs and activities relating to the
608management of the preserve as a working ranch.
609     3.  Negotiate directly with and enter into such agreements,
610leases, contracts, and other arrangements with any person, firm,
611association, organization, corporation, or governmental entity,
612including entities of federal, state, and local governments, as
613are necessary and appropriate to carry out the purposes and
614activities authorized by this section.
615     4.  Establish procedures for entering into lease agreements
616and other agreements for the use and occupancy of the facilities
617of the preserve. The procedures shall ensure reasonable
618competition and set guidelines for determining reasonable fees,
619terms, and conditions for such agreements.
620     5.  Assess reasonable fees for admission to, use of, and
621occupancy of the preserve for operation of the preserve as a
622working ranch. These fees are independent of fees assessed by
623the commission for the privilege of hunting, fishing, or
624pursuing outdoor recreational activities within the preserve and
625shall be deposited into the operating fund established by the
626board of directors under the authority provided in this section.
627     (13)  MISCELLANEOUS PROVISIONS.--
628     (a)  Except for the powers of the commissioner provided in
629this section and the powers of the commission provided in s. 9,
630Art. IV of the State Constitution, the preserve shall be managed
631by Babcock Ranch, Inc.
632     (b)  Officers and employees of Babcock Ranch, Inc., are
633private employees. At the request of the board of directors, the
634commission and the department may provide state employees for
635the purpose of implementing this section. Any state employee
636provided to assist the directors in implementing this section
637for more than 30 days shall be provided on a reimbursable basis.
638Reimbursement to the commission and the department shall be made
639from the corporation's operating fund provided under this
640section and not from any funds appropriated to the corporation
641by the Legislature.
642     (14)  DISSOLUTION OF BABCOCK RANCH, INCORPORATED.--
643     (a)  The corporation may be dissolved only by an act of the
644Legislature.
645     (b)  Upon dissolution of the corporation, the management
646responsibilities provided in this section shall revert to the
647commission and the department unless otherwise provided by the
648Legislature under the act dissolving Babcock Ranch, Inc.
649     (c)  Upon dissolution of the corporation, any cash balances
650of funds shall revert to the General Revenue fund or such other
651state fund as may be provided under the act dissolving Babcock
652Ranch, Inc.
653     Section 2.  (1)  The sum of $310 million is appropriated
654from the Land Acquisition Trust Fund to the Department of
655Environmental Protection for the purchase of the Babcock
656Crescent B Ranch contingent upon the purchase or management
657agreement or both agreements containing or not conflicting with
658the following provisions:
659     (a)  Babcock Ranch Management, LLC, shall be the managing
660entity of the working ranch for 5 years with an option to
661continue for an additional 5 years.
662     (b)  Babcock Ranch, Inc., shall take over the management of
663the working ranch after the Babcock Ranch Management, LLC,
664ceases to be the ranch manager.
665     (c)  Babcock Ranch, Inc., shall adopt a comprehensive
666business plan consistent with current ranch management practices
667when Babcock Ranch, Inc., takes over management of the working
668ranch.
669     (d)  The Commissioner of Agriculture shall have authority
670to approve or reject any proposed changes to the comprehensive
671business plan relating to the agricultural operations on the
672working ranch.
673     (e)  The working ranch shall continue to be operated in a
674financially self-sustaining manner.
675     (f)  The following ranch operations shall not be prohibited
676or restricted except by general law:
677     1.  Silvicultural operations, regardless of species and
678location.
679     2.  Tenant farming.
680     3.  Hunting leases.
681     4.  Any other bona fide agricultural use.
682     (2)  The funds appropriated in subsection (1) shall be
683distributed to the seller in accordance with the terms of the
684purchase agreement.
685     Section 3.  This act shall take effect upon becoming a law.


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