HB 1347

1	A bill to be entitled
2	An act relating to land acquisition and management;
3	amending s. 201.15, F.S.; providing that taxes distributed
4	to pay debt service on Preservation 2000 bonds, Florida
5	Forever bonds, and Save Our Everglades bonds shall, under
6	specified circumstances, be collectively distributed on a
7	pro rata basis; correcting a cross-reference; deleting
8	obsolete provisions; amending s. 215.619, F.S.; providing
9	that Everglades restoration bonds are on a parity basis
10	with other land acquisition bonds; amending s. 259.032,
11	F.S.; authorizing the use of funds in the Conservation and
12	Recreation Lands Trust Fund for management, maintenance,
13	and capital improvements for conservation and recreation
14	lands, including lands acquired under the Babcock Crescent
15	B Ranch Florida Forever acquisition; revising requirements
16	for the development of an individual land management plan;
17	amending s. 259.105, F.S.; establishing the Legislature's
18	intent that the protection and buffering of military
19	installations is of great importance; directing the
20	Acquisition and Restoration Council to also give priority
21	consideration to the acquisition of lands that protect and
22	buffer military installations; amending s. 259.1051, F.S.;
23	conforming the distribution of funds from the Florida
24	Forever Trust Fund; creating s. 259.1052, F.S.; providing
25	for the acquisition of the state's portion of the Babcock
26	Crescent B Ranch; providing a definition; granting
27	authority to the Department of Environmental Protection to
28	distribute funds for the acquisition of the Babcock
29	Crescent B Ranch; creating s. 259.106,F.S.; creating the
30	Babcock Ranch Preserve Act; providing definitions;
31	creating the Babcock Ranch Preserve, a conservation
32	acquisition with certain goals; creating Babcock Ranch,
33	Inc., a not-for-profit corporation to be incorporated in
34	the state; providing that the corporation shall act as an
35	instrumentality of the state for purposes of sovereign
36	immunity under s. 768.28, F.S.; providing that the
37	corporation shall not be an agency under s. 20.03, F.S.,
38	or a unit or entity of state government; providing that
39	the corporation is subject to the provisions of chs. 119
40	and 286, F.S., relating to public records and meetings;
41	requiring public records and meetings; providing for the
42	corporation to be governed by a board of directors;
43	providing for the qualifications, appointment, removal,
44	and liability of board members and their terms of office;
45	prohibiting any board member from voting on any measure
46	that constitutes a conflict of interest; providing for the
47	board members to serve without compensation, but to
48	receive per diem and travel expenses; providing for
49	organization and meetings; authorizing state agencies to
50	provide state employees for purposes of implementing the
51	Babcock Ranch Preserve; providing certain powers and
52	duties of the corporation; providing limitations on the
53	powers and duties of the corporation; providing that the
54	corporation and its subsidiaries must provide equal
55	employment opportunities; providing for the corporation to
56	establish and manage an operating fund; requiring an
57	annual financial audit of the accounts and records of the
58	corporation; requiring annual reports by the corporation
59	to the Board of Trustees of the Internal Improvement Trust
60	Fund, the Legislature, the Department of Agriculture and
61	Consumer Services, and the Fish and Wildlife Conservation
62	Commission; requiring that the corporation prepare an
63	annual budget; specifying a goal of financially self-
64	sustaining operation within a certain period; providing
65	for the corporation to retain donations and other moneys;
66	requiring that the corporation adopt articles of
67	incorporation and bylaws subject to the approval of the
68	Board of Trustees of the Internal Improvement Trust Fund;
69	authorizing the corporation to appoint advisory
70	committees; providing requirements for a comprehensive
71	business plan; specifying the procedures by which the
72	corporation shall assume the management and operation of
73	the Babcock Ranch Preserve; prohibiting the corporation
74	from taking certain actions without the consent of the
75	Board of Trustees of the Internal Improvement Trust Fund;
76	requiring that the corporation be subject to certain state
77	laws and rules governing the procurement of commodities
78	and services; authorizing the corporation to assess
79	reasonable fees; providing for management of the Babcock
80	Ranch Preserve until expiration of a current management
81	agreement; providing for reversion of the management and
82	operation responsibilities to certain agencies upon the
83	dissolution of the corporation; providing that the
84	corporation may be dissolved only by an act of the
85	Legislature; providing for reversion of funds upon the
86	dissolution of the corporation; providing for
87	appropriations and certain conditions therefor; providing
88	effective dates.
89
90	WHEREAS, the Babcock Crescent B Ranch comprises the largest
91	private undeveloped single-ownership tract of land in Charlotte
92	County and contains historical evidence in the form of old
93	logging camps and other artifacts that indicate the importance
94	of this land for domesticated livestock production, timber
95	supply, and other bona fide agricultural uses, and
96	WHEREAS, the careful husbandry of the Babcock Crescent B
97	Ranch, including selective timbering, grazing and hunting, and
98	the use of prescribed burning, has preserved a mix of healthy
99	range and timberland with significant species diversity and
100	provides a model for sustainable land development and use, and
101	WHEREAS, the Babcock Crescent B Ranch must be protected for
102	current and future generations by continued operation as a
103	working ranch under a unique management regime that protects the
104	land and resource values of the property and the surrounding
105	ecosystem while allowing and providing for the ranch to become
106	financially self-sustaining, and
107	WHEREAS, it is in the public's best interest that the
108	management regime for the Babcock Crescent B Ranch include the
109	development of an operational program for appropriate
110	preservation and development of the ranch's land and resources,
111	and
112	WHEREAS, the public's interest will be served by the
113	creation of a not-for-profit corporation to develop and
114	implement environmentally sensitive, cost-effective, and
115	creative methods to manage and operate a working ranch, NOW,
116	THEREFORE,
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Paragraph (b) of subsection (1) and subsections
121	(11) and (13) of section 201.15, Florida Statutes, are amended
122	to read:
123	201.15  Distribution of taxes collected.--All taxes
124	collected under this chapter shall be distributed as follows and
125	shall be subject to the service charge imposed in s. 215.20(1),
126	except that such service charge shall not be levied against any
127	portion of taxes pledged to debt service on bonds to the extent
128	that the amount of the service charge is required to pay any
129	amounts relating to the bonds:
130	(1)  Sixty-two and sixty-three hundredths percent of the
131	remaining taxes collected under this chapter shall be used for
132	the following purposes:
133	(b)  Moneys The remainder of the moneys distributed under
134	this subsection, after the required payment under paragraph (a),
135	shall be paid into the State Treasury to the credit of the Save
136	Our Everglades Trust Fund in amounts necessary to pay debt
137	service, provide reserves, and pay rebate obligations and other
138	amounts due with respect to bonds issued under s. 215.619. Taxes
139	distributed under paragraph (a) and this paragraph must be
140	collectively distributed on a pro rata basis when the available
141	moneys under this subsection are not sufficient to cover the
142	amounts required under paragraph (a) and this paragraph.
143	(11)  From the moneys specified in paragraphs (1)(e)
144	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
145	into the General Revenue Fund, $30 million shall be paid into
146	the State Treasury to the credit of the Ecosystem Management and
147	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
148	year thereafter, to be used for the preservation and repair of
149	the state's beaches as provided in ss. 161.091-161.212, and $2
150	million shall be paid into the State Treasury to the credit of
151	the Marine Resources Conservation Trust Fund to be used for
152	marine mammal care as provided in s. 370.0603(3).
153	(13)  The distribution of proceeds deposited into the Water
154	Management Lands Trust Fund and the Conservation and Recreation
155	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
156	be used for land acquisition, but may be used for preacquisition
157	costs associated with land purchases. The Legislature intends
158	that the Florida Forever program supplant the acquisition
159	programs formerly authorized under ss. 259.032 and 373.59. Prior
160	to the 2005 Regular Session of the Legislature, the Acquisition
161	and Restoration Council shall review and make recommendations to
162	the Legislature concerning the need to repeal this provision.
163	Based on these recommendations, the Legislature shall review the
164	need to repeal this provision during the 2005 Regular Session.
165	Section 2.  Effective July 1, 2007, paragraph (b) of
166	subsection (1) and subsections (11) and (13) of section 201.15,
167	Florida Statutes, as amended by section 1 of chapter 2005-92,
168	Laws of Florida, are amended to read:
169	201.15  Distribution of taxes collected.--All taxes
170	collected under this chapter shall be distributed as follows and
171	shall be subject to the service charge imposed in s. 215.20(1),
172	except that such service charge shall not be levied against any
173	portion of taxes pledged to debt service on bonds to the extent
174	that the amount of the service charge is required to pay any
175	amounts relating to the bonds:
176	(1)  Sixty-two and sixty-three hundredths percent of the
177	remaining taxes collected under this chapter shall be used for
178	the following purposes:
179	(b)  Moneys The remainder of the moneys distributed under
180	this subsection, after the required payment under paragraph (a),
181	shall be paid into the State Treasury to the credit of the Save
182	Our Everglades Trust Fund in amounts necessary to pay debt
183	service, provide reserves, and pay rebate obligations and other
184	amounts due with respect to bonds issued under s. 215.619. Taxes
185	distributed under paragraph (a) and this paragraph must be
186	collectively distributed on a pro rata basis when the available
187	moneys under this subsection are not sufficient to cover the
188	amounts required under paragraph (a) and this paragraph.
189	(11)  From the moneys specified in paragraphs (1)(e)
190	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
191	into the General Revenue Fund, $30 million shall be paid into
192	the State Treasury to the credit of the Ecosystem Management and
193	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
194	year thereafter, to be used for the preservation and repair of
195	the state's beaches as provided in ss. 161.091-161.212, and $2
196	million shall be paid into the State Treasury to the credit of
197	the Marine Resources Conservation Trust Fund to be used for
198	marine mammal care as provided in s. 370.0603(3).
199	(13)  The distribution of proceeds deposited into the Water
200	Management Lands Trust Fund and the Conservation and Recreation
201	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
202	be used for land acquisition, but may be used for preacquisition
203	costs associated with land purchases. The Legislature intends
204	that the Florida Forever program supplant the acquisition
205	programs formerly authorized under ss. 259.032 and 373.59. Prior
206	to the 2005 Regular Session of the Legislature, the Acquisition
207	and Restoration Council shall review and make recommendations to
208	the Legislature concerning the need to repeal this provision.
209	Based on these recommendations, the Legislature shall review the
210	need to repeal this provision during the 2005 Regular Session.
211	Section 3.  Subsection (3) of section 215.619, Florida
212	Statutes, is amended to read:
213	215.619  Bonds for Everglades restoration.--
214	(3)  Everglades restoration bonds are payable from, and
215	secured by a first lien on, taxes distributable under s.
216	201.15(1)(b) and do not constitute a general obligation of, or a
217	pledge of the full faith and credit of, the state. Everglades
218	restoration bonds shall be secured on a parity basis with are
219	junior and subordinate to bonds secured by moneys distributable
220	under s. 201.15(1)(a).
221	Section 4.  Paragraph (b) of subsection (2), paragraphs (e)
222	and (f) of subsection (9), paragraph (d) of subsection (10), and
223	paragraph (b) of subsection (11) of section 259.032, Florida
224	Statutes, are amended to read:
225	259.032  Conservation and Recreation Lands Trust Fund;
226	purpose.--
227	(2)
228	(b)  There shall annually be transferred from the
229	Conservation and Recreation Lands Trust Fund to the Land
230	Acquisition Trust Fund that amount, not to exceed $20 million
231	annually, as shall be necessary to pay the debt service on, or
232	fund debt service reserve funds, rebate obligations, or other
233	amounts with respect to bonds issued pursuant to s. 375.051 to
234	acquire lands on the established priority list developed
235	pursuant to ss. 259.101(4) and 259.105 this section; however, no
236	moneys transferred to the Land Acquisition Trust Fund pursuant
237	to this paragraph, or earnings thereon, shall be used or made
238	available to pay debt service on the Save Our Coast revenue
239	bonds. Amounts transferred annually from the Conservation and
240	Recreation Lands Trust Fund to the Land Acquisition Trust Fund
241	pursuant to this paragraph shall have the highest priority over
242	other payments or transfers from the Conservation and Recreation
243	Lands Trust Fund, and no other payments or transfers shall be
244	made from the Conservation and Recreation Lands Trust Fund until
245	such transfers to the Land Acquisition Trust Fund have been
246	made. Effective July 1, 2001, Moneys in the Conservation and
247	Recreation Lands Trust Fund also shall be used to manage lands
248	and to pay for related costs, activities, and functions pursuant
249	to the provisions of this section.
250	(9)  All lands managed under this chapter and s. 253.034
251	shall be:
252	(e)  Concurrent with the approval of the acquisition
253	contract pursuant to s. 259.041(3)(c) for any interest in lands
254	except those lands being acquired under the provisions of s.
255	259.1052, the board of trustees shall designate an agency or
256	agencies to manage such lands. The board and shall evaluate and
257	amend, as appropriate, the management policy statement for the
258	project as provided by s. 259.035, consistent with the purposes
259	for which the lands are acquired. For any fee simple acquisition
260	of a parcel which is or will be leased back for agricultural
261	purposes, or any acquisition of a less-than-fee interest in land
262	that is or will be used for agricultural purposes, the Board of
263	Trustees of the Internal Improvement Trust Fund shall first
264	consider having a soil and water conservation district, created
265	pursuant to chapter 582, manage and monitor such interests.
266	(f)  State agencies designated to manage lands acquired
267	under this chapter except those lands acquired under s. 259.1052
268	may contract with local governments and soil and water
269	conservation districts to assist in management activities,
270	including the responsibility of being the lead land manager.
271	Such land management contracts may include a provision for the
272	transfer of management funding to the local government or soil
273	and water conservation district from the Conservation and
274	Recreation Lands Trust Fund in an amount adequate for the local
275	government or soil and water conservation district to perform
276	its contractual land management responsibilities and
277	proportionate to its responsibilities, and which otherwise would
278	have been expended by the state agency to manage the property.
279	(10)
280	(d)1.  For each project for which lands are acquired after
281	July 1, 1995, an individual management plan shall be adopted and
282	in place no later than 1 year after the essential parcel or
283	parcels identified in the priority list developed pursuant to
284	ss. 259.101(4) and 259.105 in the annual Conservation and
285	Recreation Lands report prepared pursuant to s. 259.035(2)(a)
286	have been acquired. Beginning in fiscal year 1998-1999, The
287	Department of Environmental Protection shall distribute only 75
288	percent of the acquisition funds to which a budget entity or
289	water management district would otherwise be entitled from the
290	Preservation 2000 Trust Fund to any budget entity or any water
291	management district that has more than one-third of its
292	management plans overdue.
293	2.  The requirements of subparagraph 1. do not apply to the
294	individual management plan for the Babcock Crescent B Ranch
295	being acquired pursuant to s. 259.1052.
296	(11)
297	(b)  An amount up to 1.5 percent of the cumulative total of
298	funds ever deposited into the Florida Preservation 2000 Trust
299	Fund and the Florida Forever Trust Fund shall be made available
300	for the purposes of management, maintenance, and capital
301	improvements not eligible for funding pursuant to s. 11(e), Art.
302	VII of the State Constitution, and for associated contractual
303	services, for lands acquired pursuant to this section, s.
304	259.101, s. 259.105, s. 259.1052, or previous programs for the
305	acquisition of lands for conservation and recreation, including
306	state forests, to which title is vested in the board of trustees
307	and other conservation and recreation lands managed by a state
308	agency. Of this amount, $250,000 shall be transferred annually
309	to the Plant Industry Trust Fund within the Department of
310	Agriculture and Consumer Services for the purpose of
311	implementing the Endangered or Threatened Native Flora
312	Conservation Grants Program pursuant to s. 581.185(11). Each
313	agency with management responsibilities shall annually request
314	from the Legislature funds sufficient to fulfill such
315	responsibilities. For the purposes of this paragraph, capital
316	improvements shall include, but need not be limited to,
317	perimeter fencing, signs, firelanes, access roads and trails,
318	and minimal public accommodations, such as primitive campsites,
319	garbage receptacles, and toilets. Any equipment purchased with
320	funds provided pursuant to this paragraph may be used for the
321	purposes described in this paragraph on any conservation and
322	recreation lands managed by a state agency.
323	Section 5.  Subsections (2) and (10) of section 259.105,
324	Florida Statutes, are amended to read:
325	259.105  The Florida Forever Act.--
326	(2)(a)  The Legislature finds and declares that:
327	1.  The Preservation 2000 program provided tremendous
328	financial resources for purchasing environmentally significant
329	lands to protect those lands from imminent development, thereby
330	assuring present and future generations access to important open
331	spaces and recreation and conservation lands.
332	2.  The continued alteration and development of Florida's
333	natural areas to accommodate the state's rapidly growing
334	population have contributed to the degradation of water
335	resources, the fragmentation and destruction of wildlife
336	habitats, the loss of outdoor recreation space, and the
337	diminishment of wetlands, forests, and public beaches.
338	3.  The potential development of Florida's remaining
339	natural areas and escalation of land values require a
340	continuation of government efforts to restore, bring under
341	public protection, or acquire lands and water areas to preserve
342	the state's invaluable quality of life.
343	4.  Florida's groundwater, surface waters, and springs are
344	under tremendous pressure due to population growth and economic
345	expansion and require special protection and restoration
346	efforts. To ensure that sufficient quantities of water are
347	available to meet the current and future needs of the natural
348	systems and citizens of the state, and assist in achieving the
349	planning goals of the department and the water management
350	districts, water resource development projects on public lands,
351	where compatible with the resource values of and management
352	objectives for the lands, are appropriate.
353	5.  The needs of urban Florida for high-quality outdoor
354	recreational opportunities, greenways, trails, and open space
355	have not been fully met by previous acquisition programs.
356	Through such programs as the Florida Communities Trust and the
357	Florida Recreation Development Assistance Program, the state
358	shall place additional emphasis on acquiring, protecting,
359	preserving, and restoring open space, greenways, and recreation
360	properties within urban areas where pristine natural communities
361	or water bodies no longer exist because of the proximity of
362	developed property.
363	6.  Many of Florida's unique ecosystems, such as the
364	Florida Everglades, are facing ecological collapse due to
365	Florida's burgeoning population. To preserve these valuable
366	ecosystems for future generations, parcels of land must be
367	acquired to facilitate ecosystem restoration.
368	7.  Access to public lands to support a broad range of
369	outdoor recreational opportunities and the development of
370	necessary infrastructure, where compatible with the resource
371	values of and management objectives for such lands, promotes an
372	appreciation for Florida's natural assets and improves the
373	quality of life.
374	8.  Acquisition of lands, in fee simple or in any lesser
375	interest, should be based on a comprehensive assessment of
376	Florida's natural resources and planned so as to protect the
377	integrity of ecological systems and provide multiple benefits,
378	including preservation of fish and wildlife habitat, recreation
379	space for urban as well as rural areas, and water recharge.
380	9.  The state has embraced performance-based program
381	budgeting as a tool to evaluate the achievements of publicly
382	funded agencies, build in accountability, and reward those
383	agencies which are able to consistently achieve quantifiable
384	goals. While previous and existing state environmental programs
385	have achieved varying degrees of success, few of these programs
386	can be evaluated as to the extent of their achievements,
387	primarily because performance measures, standards, outcomes, and
388	goals were not established at the outset. Therefore, the Florida
389	Forever program shall be developed and implemented in the
390	context of measurable state goals and objectives.
391	10.  It is the intent of the Legislature to change the
392	focus and direction of the state's major land acquisition
393	programs and to extend funding and bonding capabilities, so that
394	future generations may enjoy the natural resources of Florida.
395	(b)  The Legislature recognizes that acquisition is only
396	one way to achieve the aforementioned goals and encourages the
397	development of creative partnerships between governmental
398	agencies and private landowners. Land protection agreements and
399	similar tools should be used, where appropriate, to bring
400	environmentally sensitive tracts under an acceptable level of
401	protection at a lower financial cost to the public, and to
402	provide private landowners with the opportunity to enjoy and
403	benefit from their property.
404	(c)  Public agencies or other entities that receive funds
405	under this section are encouraged to better coordinate their
406	expenditures so that project acquisitions, when combined with
407	acquisitions under Preservation 2000, Save Our Rivers, the
408	Florida Communities Trust, and other public land acquisition
409	programs, will form more complete patterns of protection for
410	natural areas and functioning ecosystems, to better accomplish
411	the intent of this section.
412	(d)  A long-term financial commitment to managing Florida's
413	public lands must accompany any new land acquisition program to
414	ensure that the natural resource values of such lands are
415	protected, that the public has the opportunity to enjoy the
416	lands to their fullest potential, and that the state achieves
417	the full benefits of its investment of public dollars.
418	(e)  With limited dollars available for restoration and
419	acquisition of land and water areas and for providing long-term
420	management and capital improvements, a competitive selection
421	process can select those projects best able to meet the goals of
422	Florida Forever and maximize the efficient use of the program's
423	funding.
424	(f)  To ensure success and provide accountability to the
425	citizens of this state, it is the intent of the Legislature that
426	any bond proceeds used pursuant to this section be used to
427	implement the goals and objectives recommended by the Florida
428	Forever Advisory Council as approved by the Board of Trustees of
429	the Internal Improvement Trust Fund and the Legislature.
430	(g)  As it has with previous land acquisition programs, the
431	Legislature recognizes the desires of the citizens of this state
432	to prosper through economic development and to preserve the
433	natural areas and recreational open space of Florida. The
434	Legislature further recognizes the urgency of restoring the
435	natural functions of public lands or water bodies before they
436	are degraded to a point where recovery may never occur, yet
437	acknowledges the difficulty of ensuring adequate funding for
438	restoration efforts in light of other equally critical financial
439	needs of the state. It is the Legislature's desire and intent to
440	fund the implementation of this section and to do so in a
441	fiscally responsible manner, by issuing bonds to be repaid with
442	documentary stamp tax revenue.
443	(h)  The Legislature further recognizes the important role
444	that many of our state and federal military installations
445	contribute to protecting and preserving Florida's natural
446	resources as well as our economic prosperity. Where the state's
447	land conservation plans overlap with the military's need to
448	protect lands, waters, and habitat to ensure the sustainability
449	of military missions, it is the Legislature's intent that
450	agencies receiving funds under this program cooperate with our
451	military partners to protect and buffer military installations
452	and military airspace, by:
453	1.  Protecting habitat on nonmilitary land for any species
454	found on military land that is designated as threatened or
455	endangered, or is a candidate for such designation under the
456	Endangered Species Act or any Florida statute.
457	2.  Protecting areas underlying low-level military air
458	corridors or operating areas.
459	3.  Protecting areas identified as clear zones, accident
460	potential zones, and air installation compatible use buffer
461	zones delineated by our military partners.
462	(10)  The Acquisition and Restoration Council shall give
463	increased priority to those projects for which matching funds
464	are available and to project elements previously identified on
465	an acquisition list pursuant to this section that can be
466	acquired at 80 percent or less of appraised value. The council
467	shall also give increased priority to those projects where the
468	state's land conservation plans overlap with the military's need
469	to protect lands, water, and habitat to ensure the
470	sustainability of military missions, including:
471	(a)  Protecting habitat on nonmilitary land for any species
472	found on military land that is designated as threatened or
473	endangered, or is a candidate for such designation under the
474	Endangered Species Act or any Florida statute.
475	(b)  Protecting areas underlying low-level military air
476	corridors or operating areas.
477	(c)  Protecting areas identified as clear zones, accident
478	potential zones, and air installation compatible use buffer
479	zones delineated by our military partners, and for which federal
480	or other funding is available to assist with the project.
481	Section 6.  Subsections (1) and (2) of section 259.1051,
482	Florida Statutes, are amended to read:
483	259.1051  Florida Forever Trust Fund.--
484	(1)  There is created the Florida Forever Trust Fund to
485	carry out the purposes of ss. 259.032, 259.105, 259.1052, and
486	375.031. The Florida Forever Trust Fund shall be held and
487	administered by the Department of Environmental Protection.
488	Proceeds from the sale of bonds, except proceeds of refunding
489	bonds, issued under s. 215.618 and payable from moneys
490	transferred to the Land Acquisition Trust Fund under s.
491	201.15(1)(a), not to exceed $3 billion, must be deposited into
492	this trust fund to be distributed and used as provided in s.
493	259.105(3). The bond resolution adopted by the governing board
494	of the Division of Bond Finance of the State Board of
495	Administration may provide for additional provisions that govern
496	the disbursement of the bond proceeds.
497	(2)  The Department of Environmental Protection shall
498	distribute revenues from the Florida Forever Trust Fund only to
499	programs of state agencies or local governments as set out in s.
500	259.105(3) or as provided in s. 259.1052. Excluding
501	distributions to the Save Our Everglades Trust Fund and
502	distributions for the acquisition of the Babcock Crescent B
503	Ranch Florida Forever acquisition as provided in s. 259.1052,
504	the distributions shall be spent by the recipient within 90 days
505	after the date on which the Department of Environmental
506	Protection initiates the transfer.
507	Section 7.  Section 259.1052, Florida Statutes, is created
508	to read:
509	259.1052  Babcock Crescent B Ranch Florida Forever
510	acquisition; conditions for purchase.--
511	(1)  The acquisition of the state's portion of the Babcock
512	Crescent B Ranch by the Board of Trustees of the Internal
513	Improvement Trust Fund is a conservation acquisition under the
514	Florida Forever program created in s. 259.105, with a goal of
515	sustaining the ecological and economic integrity of the property
516	being acquired while allowing the business of the ranch to
517	operate and prosper. The management of the preserve shall be as
518	provided in s. 259.106, notwithstanding any other provision of
519	law to the contrary.
520	(2)  The Legislature recognizes that the acquisition of the
521	state's portion of the Babcock Crescent B Ranch represents a
522	unique opportunity to assist in preserving the largest private
523	and undeveloped single-ownership tract of land in Charlotte
524	County. The Legislature further recognizes Lee County as a
525	partner in the acquisition of the ranch.
526	(3)  This section authorizes the acquisition of the state's
527	portion of the Babcock Crescent B Ranch in order to protect and
528	preserve for future generations the scientific, scenic,
529	historic, and natural values of the ranch, including rivers and
530	ecosystems; to protect and preserve the archaeological,
531	geological, and cultural resources of the ranch; to provide for
532	species recovery; and to provide opportunities for public
533	recreation.
534	(4)  In addition to distributions authorized under s.
535	259.105(3), the Department of Environmental Protection is
536	authorized to distribute $310 million in revenues from the
537	Florida Forever Trust Fund. This distribution shall represent
538	payment in full for the portion of the Babcock Crescent B Ranch
539	to be acquired by the state under this section.
540	(5)  As used in this section, the term "state's portion of
541	the Babcock Crescent B Ranch" means those lands conveyed by
542	special warranty deed to the Board of Trustees of the Internal
543	Improvement Trust Fund under the provisions of the agreement for
544	sale and purchase executed by the Board of Trustees of the
545	Internal Improvement Trust Fund, the Fish and Wildlife
546	Conservation Commission, the Department of Agriculture and
547	Consumer Services, and the participating local government, as
548	purchaser, and MSKP, III, a Florida corporation, as seller.
549	Section 8.  Section 259.106, Florida Statutes, is created
550	to read:
551	259.106  Babcock Ranch Preserve; Babcock Ranch, Inc.;
552	creation; membership; organization; meetings.--
553	(1)  SHORT TITLE.--This section may be cited as the
554	"Babcock Ranch Preserve Act."
555	(2)  DEFINITIONS.--As used in this section, the term:
556	(a)  "Babcock Ranch Preserve" and "preserve" mean the lands
557	and facilities acquired in the purchase of the Babcock Crescent
558	B Ranch.
559	(b)  "Babcock Ranch, Inc." and "corporation" mean the not-
560	for-profit corporation created under this section to operate and
561	manage the Babcock Ranch Preserve as a working ranch.
562	(c)  "Board of directors" means the governing board of the
563	not-for-profit corporation created under this section.
564	(d)  "Commission" means the Fish and Wildlife Conservation
565	Commission.
566	(e)  "Commissioner" means the Commissioner of Agriculture.
567	(f)  "Department" means the Department of Agriculture and
568	Consumer Services.
569	(g)  "Financially self-sustaining" means management and
570	operating expenditures not more than the revenues collected from
571	fees and other receipts for resource use and development and
572	from interest and invested funds.
573	(h)  "Management and operating expenditures" means expenses
574	of the corporation, including, but not limited to, salaries and
575	benefits of officers and staff, administrative and operating
576	expenses, costs for improvements to and maintenance of lands and
577	facilities of the Babcock Ranch Preserve, and other similar
578	expenses. Such expenditures shall be made from revenues
579	generated from the operation of the ranch and not from funds
580	appropriated by the Legislature except as provided in this
581	section.
582	(i)  "Member" means a person appointed to the board of
583	directors of the not-for-profit corporation created under this
584	section.
585	(j)  "Multiple use" means the management of all of the
586	renewable surface resources of the Babcock Ranch Preserve to
587	best meet the needs of the public, including the use of the land
588	for some or all of the renewable surface resources or related
589	services over areas large enough to allow for periodic
590	adjustments in use to conform to the changing needs and
591	conditions of the preserve while recognizing that a portion of
592	the land will be used for some of the renewable surface
593	resources available on that land. The goal of multiple use is
594	the harmonious and coordinated management of the renewable
595	surface resources without impairing the productivity of the land
596	and considering the relative value of the renewable surface
597	resources, and not necessarily a combination of uses to provide
598	the greatest monetary return or the greatest unit output.
599	(k)  "Sustained yield of the renewable surface resources"
600	means the achievement and maintenance of a high level of annual
601	or regular periodic output of the various renewable surface
602	resources of the preserve without impairing the productivity of
603	the land.
604	(l)  "Working ranch" means those activities necessary to
605	accomplish the goals of multiple use and sustained yield of the
606	renewable surface resources, considering historical agricultural
607	uses of the property and other compatible agricultural uses of
608	the property.
609	(3)  CREATION OF BABCOCK RANCH PRESERVE.--
610	(a)  The acquisition of the Babcock Crescent B Ranch by the
611	Board of Trustees of the Internal Improvement Trust Fund is a
612	conservation acquisition with a goal of sustaining the
613	ecological and economic integrity of the property being acquired
614	while allowing the business of the working ranch to operate and
615	prosper.
616	(b)  Upon the date of acquisition of the Babcock Crescent B
617	Ranch, there is created the Babcock Ranch Preserve, which shall
618	be managed in accordance with the purposes and requirements of
619	this section.
620	(c)  The preserve is established to protect and preserve
621	the environmental, agricultural, scientific, scenic, geologic,
622	watershed, fish, wildlife, historic, cultural, and recreational
623	values of the preserve, and to provide for the multiple use and
624	sustained yield of the renewable surface resources within the
625	preserve consistent with this section. There shall be no
626	restriction, including reference to location or species, on any
627	silvicultural operation so long as current best management
628	practices adopted by the department are followed. Pasture
629	management, hunting leases, and tenant farming shall be allowed
630	at the discretion of Babcock Ranch, Inc.
631	(d)  Babcock Ranch, Inc., and its officers and employees
632	shall participate in the management of the Babcock Ranch
633	Preserve in an advisory capacity only until the management
634	agreement is terminated or expires.
635	(e)  Nothing in this section shall preclude Babcock Ranch,
636	Inc., prior to assuming management and operation of the preserve
637	and thereafter, from allowing the use of common varieties of
638	mineral materials such as sand, stone, and gravel for
639	construction and maintenance of roads and facilities within the
640	preserve.
641	(f)  Nothing in this section shall be construed as
642	affecting the constitutional responsibilities of the commission
643	in the exercise of its regulatory and executive power with
644	respect to wild animal life and freshwater aquatic life,
645	including the regulation of hunting, fishing, and trapping
646	within the preserve.
647	(g)  Nothing in this section shall be construed to
648	interfere with or prevent the ability of Babcock Ranch, Inc., to
649	implement agricultural practices authorized by the agricultural
650	land use designations established in the local comprehensive
651	plans of either Charlotte County or Lee County as those plans
652	apply to the Babcock Ranch Preserve, so long as such plans are
653	not in conflict with this section or general law.
654	(h)  Nothing in this section shall preclude the maintenance
655	and use of roads and trails or the relocation of roads in
656	existence on the effective date of this section, or the
657	construction, maintenance, and use of new trails, or any
658	motorized access necessary for the administration of the land
659	contained within the preserve, including motorized access
660	necessary for emergencies involving the health or safety of
661	persons within the preserve.
662	(4)  CREATION OF BABCOCK RANCH, INCORPORATED.--
663	(a)  There is created a not-for-profit corporation, to be
664	known as Babcock Ranch, Inc., which shall be registered,
665	incorporated, organized, and operated in compliance with the
666	provisions of chapter 617 and which shall not be a unit or
667	entity of state government. For purposes of sovereign immunity,
668	the corporation shall be a corporation primarily acting as an
669	instrumentality of the state but otherwise shall not be an
670	agency within the meaning of s. 20.03(11) or a unit or entity of
671	state government.
672	(b)  The corporation is organized on a nonstock basis and
673	shall operate in a manner consistent with its public purpose and
674	in the best interest of the state.
675	(c)  Meetings and records of the corporation, its
676	directors, advisory committees, or similar groups created by the
677	corporation, including any not-for-profit subsidiaries, are
678	subject to the public records provisions of chapter 119 and the
679	public meetings and records provisions of s. 286.011.
680	(5)  APPLICABILITY OF SECTION.--In any conflict between a
681	provision of this section and a provision of chapter 617, the
682	provision of this section shall prevail.
683	(6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is to
684	provide management and administrative services for the preserve,
685	to establish and implement management policies that will achieve
686	the purposes and requirements of this section, to cooperate with
687	state agencies to further the purposes of the preserve, and to
688	establish the administrative and accounting procedures for the
689	operation of the corporation.
690	(7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
691	corporation shall be governed by a nine-member board of
692	directors who shall be appointed by the Board of Trustees of the
693	Internal Improvement Trust Fund; the commission; the
694	commissioner; the Babcock Ranch Management, LLC, a corporation
695	registered to do business in the state, or its successors or
696	assigns; the Board of County Commissioners of Charlotte County;
697	and the Board of County Commissioners of Lee County in the
698	following manner:
699	(a)1.  The Board of Trustees of the Internal Improvement
700	Trust Fund shall appoint four members. One appointee shall have
701	expertise in domesticated livestock management, production, and
702	marketing, including range management and livestock business
703	management. One appointee shall have expertise in the management
704	of game and nongame wildlife and fish populations, including
705	hunting, fishing, and other recreational activities. One
706	appointee shall have expertise in the sustainable management of
707	forest lands for commodity purposes. One appointee shall have
708	expertise in financial management, budget and program analysis,
709	and small business operations.
710	2.  The commission shall appoint one member with expertise
711	in hunting; fishing; nongame species management; or wildlife
712	habitat management, restoration, and conservation.
713	3.  The commissioner shall appoint one member with
714	expertise in agricultural operations or forestry management.
715	4.  The Babcock Ranch Management, LLC, its successors or
716	assigns, shall appoint one member with expertise in the
717	activities and management of the Babcock Crescent B Ranch on the
718	date of acquisition of the ranch by the state. This appointee
719	shall serve on the board of directors only until the termination
720	or expiration of the management agreement. Upon termination or
721	expiration of the management agreement, the person serving as
722	the head of the property owners' association, if any, required
723	to be created under the agreement for sale and purchase shall
724	serve as a member of the Board of Directors of Babcock Ranch,
725	Inc.
726	5.  The Board of County Commissioners of Charlotte County
727	shall appoint one member who shall be a resident of the county
728	and who shall be active in an organization concerned with the
729	activities of the ranch.
730	6.  The Board of County Commissioners of Lee County shall
731	appoint one member who shall be a resident of the county and who
732	shall have experience in land conservation and management. This
733	appointee, or a successor appointee, shall serve as a member of
734	the board of directors so long as the county participates in the
735	state land management plan.
736	(b)  All members of the board of directors shall be
737	appointed no later than 90 days following the initial
738	acquisition of the Babcock Crescent B Ranch by the state.
739	1.  Four members initially appointed by the Board of
740	Trustees of the Internal Improvement Trust Fund shall each serve
741	a 4-year term.
742	2.  The remaining initial five appointees shall each serve
743	a 2-year term.
744	3.  Each member appointed thereafter shall serve a 4-year
745	term.
746	4.  A vacancy shall be filled in the same manner in which
747	the original appointment was made, and a member appointed to
748	fill a vacancy shall serve for the remainder of that term.
749	5.  No member may serve more than 8 years in consecutive
750	terms.
751	(c)  No appointee shall be an employee of any governmental
752	entity.
753	(d)  With the exception of the Babcock Ranch Management,
754	LLC, appointee, no member may be an officer, director, or
755	shareholder in any entity that contracts with or receives funds
756	from the corporation or its subsidiaries.
757	(e)  No member shall vote in an official capacity upon any
758	measure that would inure to his or her special private gain or
759	loss, that he or she knows would inure to the special private
760	gain or loss of any principal by whom he or she is retained or
761	to the parent organization or subsidiary of a principal by which
762	he or she is retained, or that he or she knows would inure to
763	the special private gain or loss of a relative or business
764	associate of the member. Such member shall, prior to the vote
765	being taken, publicly state the nature of his or her interest in
766	the matter from which he or she is abstaining from voting and,
767	no later than 15 days after the date the vote occurs, shall
768	disclose the nature of his or her interest as a public record in
769	a memorandum filed with the person responsible for recording the
770	minutes of the meeting, who shall incorporate the memorandum in
771	the minutes of the meeting.
772	(f)  Each member of the board of directors is accountable
773	for the proper performance of the duties of office, and each
774	member owes a fiduciary duty to the people of the state to
775	ensure that funds provided in furtherance of this section are
776	disbursed and used as prescribed by law and contract. Any
777	official appointing a member may remove that member for
778	malfeasance, misfeasance, neglect of duty, incompetence,
779	permanent inability to perform official duties, unexcused
780	absence from three consecutive meetings of the board, arrest or
781	indictment for a crime that is a felony or misdemeanor involving
782	theft or a crime of dishonesty, or pleading nolo contendere to,
783	or being found guilty of, any crime.
784	(g)  Each member of the board of directors shall serve
785	without compensation but shall receive travel and per diem
786	expenses as provided in s. 112.061 while in the performance of
787	his or her duties. These expenses shall be paid from the
788	operating funds of the ranch.
789	(8)  ORGANIZATION; MEETINGS.--
790	(a)1.  The board of directors shall annually elect a chair
791	and a vice chair from among the board's members. The members
792	may, by a vote of at least five of the nine board members,
793	remove a member from the position of chair or vice chair prior
794	to the expiration of his or her term as chair or vice chair. His
795	or her successor shall be elected to serve for the balance of
796	the removed chair's or vice chair's term.
797	2.  The chair shall ensure that records are kept of the
798	proceedings of the board of directors and is the custodian of
799	all books, documents, and papers filed with the board, the
800	minutes of meetings of the board, and the official seal of the
801	corporation.
802	(b)1.  The board of directors shall meet upon the call of
803	the chair at least three times per year in Charlotte County or
804	in Lee County.
805	2.  A majority of the members of the board of directors
806	constitutes a quorum. Except as otherwise provided in this
807	section, the board of directors may take official action by a
808	majority of the members present at any meeting at which a quorum
809	is present. Members may not vote by proxy.
810	(9)  POWERS AND DUTIES.--
811	(a)  The board of directors shall adopt articles of
812	incorporation and bylaws necessary to govern its activities. The
813	adopted articles of incorporation and bylaws must be approved by
814	the Board of Trustees of the Internal Improvement Trust Fund
815	prior to filing with the Department of State.
816	(b)  The board of directors shall review and approve any
817	comprehensive business plan prior to the submission of that plan
818	to the Board of Trustees of the Internal Improvement Trust Fund
819	for approval and implementation.
820	(c)1.  Except for the constitutional powers of the
821	commission as provided in s. 9, Art. IV of the State
822	Constitution, the board of directors shall have all necessary
823	and proper powers for the exercise of the authority vested in
824	the corporation, including, but not limited to, the power to
825	solicit and accept donations of funds, property, supplies, or
826	services from individuals, foundations, corporations, and other
827	public or private entities for the purposes of this section. All
828	funds received by the corporation shall be deposited into the
829	operating fund authorized under this section unless otherwise
830	directed by the Legislature.
831	2.  The board of directors may not increase the number of
832	its members.
833	3.  The corporation may not purchase, take, receive, lease,
834	take by gift, devise, or bequest, or otherwise acquire, own,
835	hold, improve, use, or otherwise deal in and with real property,
836	or any interest therein, wherever situated, unless otherwise
837	provided in this section.
838	4.  The corporation may not sell, convey, mortgage, pledge,
839	lease, exchange, transfer, or otherwise dispose of any real
840	property, unless otherwise provided in this section.
841	5.  The corporation may not purchase, take, receive,
842	subscribe for, or otherwise acquire, own, hold, vote, use,
843	employ, sell, mortgage, lend, pledge, or otherwise dispose of,
844	or otherwise use and deal in and with, shares and other
845	interests in, or obligations of, other domestic or foreign
846	corporations, whether for profit or not for profit,
847	associations, partnerships, or individuals, or direct or
848	indirect obligations of the United States or of any other
849	government, state, territory, government district, municipality,
850	or any instrumentality thereof.
851	6.  The corporation may not lend money for its corporate
852	purposes or take and hold real and personal property as security
853	for the payment of funds lent or invested.
854	7.  The corporation may not merge with other corporations
855	or other business entities.
856	8.  The corporation may not enter into any contract, lease,
857	or other agreement related to the use of ground or surface
858	waters located in, on, or through the preserve without the
859	consent of the Board of Trustees of the Internal Improvement
860	Trust Fund and permits that may be required by the Department of
861	Environmental Protection or the appropriate water management
862	district under chapters 373 and 403.
863	9.  The corporation may not grant any easements in, on, or
864	across the preserve. Any easements to be granted for the use of,
865	access to, or ingress and egress across state property within
866	the preserve must be executed by the Board of Trustees of the
867	Internal Improvement Trust Fund as the owners of the state
868	property within the preserve. Any easements to be granted for
869	the use of, access to, or ingress and egress across property
870	within the preserve titled in the name of a local government
871	must be granted by the governing body of that local government.
872	10.  The corporation may not enter into any contract,
873	lease, or other agreement related to the use and occupancy of
874	the property within the preserve for a period of greater than 10
875	years.
876	(d)  The corporation, in consultation with the commission
877	and the department, may designate hunting, fishing, and trapping
878	zones and may establish additional periods when no hunting,
879	fishing, or trapping shall be permitted for reasons of public
880	safety, administration, and the protection and enhancement of
881	nongame habitat and nongame species, as defined under s.
882	372.001.
883	(e)  The corporation shall have the sole and exclusive
884	right to use the words "Babcock Ranch, Inc." and any seal,
885	emblem, or other insignia adopted by the members. Without the
886	express written authority of the corporation, no person may use
887	the words "Babcock Ranch, Inc." as the name under which that
888	person conducts or purports to conduct business, for the purpose
889	of trade or advertisement, or in any manner that may suggest any
890	connection with the corporation.
891	(f)  The corporation may from time to time appoint advisory
892	committees to further any part of this section. The advisory
893	committees shall be reflective of the expertise necessary for
894	the particular function for which the committee is created and
895	may include public agencies, private entities, and not-for-
896	profit conservation and agricultural representatives.
897	(g)  State laws governing the procurement of commodities
898	and services by state agencies, as provided in s. 287.057, shall
899	apply to the corporation.
900	(h)  The corporation and its subsidiaries must provide
901	equal employment opportunities for all persons regardless of
902	race, color, religion, gender, national origin, age, handicap,
903	or marital status.
904	(10)  OPERATING FUND; AUDIT; REPORTING REQUIREMENTS; ANNUAL
905	BUDGET.--
906	(a)  The board of directors may establish and manage an
907	operating fund to address the corporation's unique cash-flow
908	needs and to facilitate the management and operation of the
909	preserve as a working ranch. A cash balance reserve of not more
910	than 25 percent of the annual management and operating
911	expenditures of the corporation may accumulate and be maintained
912	in the operating fund at any time.
913	(b)  The board of directors shall provide for an annual
914	financial audit of the corporate accounts and records to be
915	conducted by an independent certified public accountant in
916	accordance with rules adopted by the Auditor General under s.
917	11.45(8). The audit report shall be submitted no later than 3
918	months following the end of the fiscal year to the Auditor
919	General, the President of the Senate, the Speaker of the House
920	of Representatives, and the appropriate substantive and fiscal
921	committees of the Legislature. The Auditor General, the Office
922	of Program Policy Analysis and Government Accountability, and
923	the substantive or fiscal committees of the Legislature to which
924	legislation affecting the Babcock Ranch Preserve may be referred
925	shall have the authority to require and receive from the
926	corporation or from the independent auditor any records relative
927	to the operation of the corporation.
928	(c)  Not later than January 15 of each year, Babcock Ranch,
929	Inc., shall submit to the Board of Trustees of the Internal
930	Improvement Trust Fund, the President of the Senate, the Speaker
931	of the House of Representatives, the department, and the
932	commission a comprehensive and detailed report of its
933	operations, activities, and accomplishments for the prior year,
934	including information on the status of the ecological, cultural,
935	and financial resources being managed by the corporation and the
936	benefits provided by the preserve to local communities. The
937	report shall also include a section describing the corporation's
938	goals for the current year.
939	(d)  The board of directors shall prepare an annual budget
940	with the goal of achieving a financially self-sustaining
941	operation within 15 full fiscal years after the initial
942	acquisition of the Babcock Crescent B Ranch by the state. The
943	department shall provide necessary assistance, including details
944	as necessary, to the corporation for the timely formulation and
945	submission of an annual legislative budget request for
946	appropriations, if any, to support the administration,
947	operation, and maintenance of the preserve. A request for
948	appropriations, if necessary, shall be submitted to the
949	department and shall be included in the department's annual
950	legislative budget request as a separate line item
951	appropriation. Requests for appropriations shall be submitted to
952	the department in time to allow the department to meet the
953	requirements of s. 216.023. The department may not deny a
954	request or refuse to include in its annual legislative budget
955	submission a request from the corporation for an appropriation.
956	(e)  Notwithstanding any other provision of law, all moneys
957	received from donations or from management of the preserve shall
958	be retained by the corporation in the operating fund and shall
959	be available, without further appropriation, for the
960	administration, preservation, restoration, operation and
961	maintenance, improvements, repairs, and related expenses
962	incurred with respect to properties being managed by the
963	corporation. Except as provided in this section, moneys received
964	by the corporation for the management of the preserve shall not
965	be subject to distribution by the state. Upon assuming
966	management responsibilities for the preserve, the corporation
967	shall optimize the generation of income based on existing
968	marketing conditions to the extent that activities do not
969	unreasonably diminish the long-term environmental, agricultural,
970	scenic, and natural values of the preserve or the multiple-use
971	and sustained-yield capability of the land.
972	(f)  All parties in contract with the corporation and all
973	holders of leases from the corporation that are authorized to
974	occupy, use, or develop properties under the management
975	jurisdiction of the corporation must procure the proper
976	insurance as is reasonable or customary to insure against any
977	loss in connection with the properties or with activities
978	authorized in the leases or contracts.
979	(11)  COMPREHENSIVE BUSINESS PLAN.--
980	(a)  A comprehensive business plan for the management and
981	operation of the preserve as a working ranch and amendments to
982	the business plan may be developed with input from the
983	department and the commission and may be implemented by Babcock
984	Ranch, Inc., upon the termination or expiration of the
985	management agreement.
986	(b)  Any final decision of Babcock Ranch, Inc., to adopt or
987	amend the comprehensive business plan or to approve any activity
988	related to the management of the renewable surface resources of
989	the preserve shall be made in sessions that are open to the
990	public. The board of directors shall establish procedures for
991	providing adequate public information and opportunities for
992	public comment on the proposed comprehensive business plan for
993	the preserve or for amendments to the comprehensive business
994	plan adopted by the members.
995	(c)  Not less than 2 years prior to the corporation's
996	assuming management and operation responsibilities for the
997	preserve, the corporation, with input from the commission and
998	the department, must begin developing the comprehensive business
999	plan to carry out the purposes of this section. To the extent
1000	consistent with these purposes, the comprehensive business plan
1001	shall provide for:
1002	1.  The management and operation of the preserve as a
1003	working ranch.
1004	2.  The protection and conservation of the environmental,
1005	agricultural, scientific, scenic, geologic, watershed, fish,
1006	wildlife, historic, cultural, and recreational values of the
1007	preserve.
1008	3.  The promotion of controlled high-quality hunting
1009	experiences for the public, with emphasis on deer, turkey, and
1010	other game species.
1011	4.  Multiple use and sustained yield of the renewable
1012	surface resources within the preserve.
1013	5.  Public use of and controlled access to the preserve for
1014	recreation.
1015	6.  The use of renewable resources and management
1016	alternatives that, to the extent practicable, benefit local
1017	communities and small businesses and enhance the coordination of
1018	management objectives with those on surrounding public or
1019	private lands. The use of renewable resources and management
1020	alternatives should provide cost savings to the corporation
1021	through the exchange of services, including, but not limited to,
1022	labor and maintenance of facilities, for resources or services
1023	provided to the corporation.
1024	(d)  On or before the date on which title to the portion of
1025	the Babcock Crescent B Ranch being purchased by the state is
1026	vested in the Board of Trustees of the Internal Improvement
1027	Trust Fund, Babcock Ranch Management, LLC, a limited liability
1028	company incorporated in the state, shall provide the commission
1029	and the department with the current proprietary management plan
1030	and business plan in place.
1031	(e)  The comprehensive business plan for the preserve shall
1032	be consistent with the management practices taking place on the
1033	Babcock Crescent B Ranch prior to the state taking title to the
1034	land.
1035	(f)  To achieve the goal of a financially self-sustaining
1036	operation, the comprehensive business plan must preserve to the
1037	maximum extent practicable environmental resources and wildlife
1038	habitats found on the preserve.
1039	(12)  MANAGEMENT OF PRESERVE; FEES.--
1040	(a)  The corporation shall assume all authority provided by
1041	this section to manage and operate the preserve as a working
1042	ranch upon a determination by the Board of Trustees of the
1043	Internal Improvement Trust Fund that the corporation is able to
1044	conduct business and that provision has been made for essential
1045	services on the preserve, which, to the maximum extent
1046	practicable, shall be made no later than 60 days prior to the
1047	termination or expiration of the management agreement.
1048	(b)  Upon assuming management and operation of the
1049	preserve, the corporation shall:
1050	1.  With input from the commission and the department,
1051	manage and operate the preserve and the uses thereof, including,
1052	but not limited to, the activities necessary to administer and
1053	operate the preserve as a working ranch; the activities
1054	necessary for the preservation and development of the land and
1055	renewable surface resources of the preserve; the activities
1056	necessary for interpretation of the history of the preserve on
1057	behalf of the public; the activities necessary for the
1058	management, public use, and occupancy of facilities and lands
1059	within the preserve; and the maintenance, rehabilitation,
1060	repair, and improvement of property within the preserve.
1061	2.  Develop programs and activities relating to the
1062	management of the preserve as a working ranch.
1063	3.  Negotiate directly with and enter into such agreements,
1064	leases, contracts, and other arrangements with any person, firm,
1065	association, organization, corporation, or governmental entity,
1066	including entities of federal, state, and local governments, as
1067	are necessary and appropriate to carry out the purposes and
1068	activities authorized by this section.
1069	4.  Establish procedures for entering into lease agreements
1070	and other agreements for the use and occupancy of the facilities
1071	of the preserve. The procedures shall ensure reasonable
1072	competition and set guidelines for determining reasonable fees,
1073	terms, and conditions for such agreements.
1074	5.  Assess reasonable fees for admission to, use of, and
1075	occupancy of the preserve for operation of the preserve as a
1076	working ranch. These fees are independent of fees assessed by
1077	the commission for the privilege of hunting, fishing, or
1078	pursuing outdoor recreational activities within the preserve and
1079	shall be deposited into the operating fund established by the
1080	board of directors under the authority provided in this section.
1081	(13)  MISCELLANEOUS PROVISIONS.--
1082	(a)  Except for the powers of the commissioner provided in
1083	this section and the powers of the commission provided in s. 9,
1084	Art. IV of the State Constitution, the preserve shall be managed
1085	by Babcock Ranch, Inc.
1086	(b)  Officers and employees of Babcock Ranch, Inc., are
1087	private employees. At the request of the board of directors, the
1088	commission and the department may provide state employees for
1089	the purpose of implementing this section. Any state employee
1090	provided to assist the directors in implementing this section
1091	for more than 30 days shall be provided on a reimbursable basis.
1092	Reimbursement to the commission and the department shall be made
1093	from the corporation's operating fund provided under this
1094	section and not from any funds appropriated to the corporation
1095	by the Legislature.
1096	(14)  DISSOLUTION OF BABCOCK RANCH, INCORPORATED.--
1097	(a)  The corporation may be dissolved only by an act of the
1098	Legislature.
1099	(b)  Upon dissolution of the corporation, the management
1100	responsibilities provided in this section shall revert to the
1101	commission and the department unless otherwise provided by the
1102	Legislature under the act dissolving Babcock Ranch, Inc.
1103	(c)  Upon dissolution of the corporation, any cash balances
1104	of funds shall revert to the General Revenue fund or such other
1105	state fund as may be provided under the act dissolving Babcock
1106	Ranch, Inc.
1107	Section 9.  (1)  For the 2006-2007 fiscal year, the sum of
1108	$310 million in nonrecurring funds is appropriated from the
1109	Florida Forever Trust Fund in the Department of Environmental
1110	Protection for the purchase of the Babcock Crescent B Ranch
1111	contingent upon the purchase or management agreement or both
1112	agreements containing or not conflicting with the following
1113	provisions:
1114	(a)  Babcock Ranch Management, LLC, shall be the managing
1115	entity of the working ranch for 5 years with an option to
1116	continue for an additional 5 years.
1117	(b)  Babcock Ranch, Inc., shall take over the management of
1118	the working ranch after the Babcock Ranch Management, LLC,
1119	ceases to be the ranch manager.
1120	(c)  Babcock Ranch, Inc., shall adopt a comprehensive
1121	business plan consistent with current ranch management practices
1122	when Babcock Ranch, Inc., takes over management of the working
1123	ranch.
1124	(d)  The working ranch shall continue to be operated in a
1125	financially self-sustaining manner.
1126	(e)  The following ranch operations shall not be prohibited
1127	or restricted except by general law:
1128	1.  Silvicultural operations, regardless of species and
1129	location; however, except in cases of salvage operations or
1130	invasive exotic control, no cypress tree that measures more than
1131	30 inches in diameter at breast height may be harvested and
1132	harvested areas are limited to no more than 100 acres per
1133	harvest tract.
1134	2.  Tenant farming on lands historically used for that
1135	purpose.
1136	3.  Hunting leases, provided that:
1137	a.  The issuance of leases allows for participation by
1138	interested persons; and
1139	b.  Periodic hunts are made available on the preserve to
1140	persons with disabilities and those under the age of 18.
1141	4.  Any other bona fide agricultural use that is compatible
1142	with the environmental resources and wildlife habitat found on
1143	the preserve.
1144	(2)  The funds appropriated in subsection (1) shall be
1145	distributed to the seller in accordance with the terms of the
1146	purchase agreement, and no change to the purchase agreement
1147	shall be made without the consent of the seller.
1148	(3)  For the 2006-2007 fiscal year, the sum of $50,000 is
1149	appropriated in nonrecurring funds from the Conservation and
1150	Recreation Lands Trust Fund in the Department of Environmental
1151	Protection for the operation and management of the Babcock Ranch
1152	Preserve, to be administered by Babcock Ranch, Inc., as provided
1153	for in this act.
1154	(4)  The Legislature may annually appropriate funds from
1155	the Land Acquisition Trust Fund for use only as state matching
1156	funds, in conjunction with private donations in aggregates of at
1157	least $60,000, matched by $40,000 of state funds, for a total
1158	minimum project amount of $100,000 for capital improvement
1159	facility development at the ranch at either individually
1160	designated locations or for priority projects within the overall
1161	ranch system. The Babcock Ranch, Inc., may acquire private
1162	donations pursuant to this section, and matching state funds for
1163	approved projects may be provided in accordance with this
1164	subsection. The Babcock Ranch, Inc., is authorized to properly
1165	recognize and honor a private donor by placing a plaque or other
1166	appropriate designation noting the contribution on project
1167	facilities or by naming project facilities after the person or
1168	organization that provided matching funds.
1169	Section 10.  Except as otherwise expressly provided in this
1170	act, this act shall take effect upon becoming a law.

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