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 acquistion 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. 259.10521, F.S.; authorizing
30	the creation of a citizen support organization; providing
31	duties and responsibilities; creating s. 259.1053, F.S.;
32	creating the Babcock Ranch Preserve Act; providing a short
33	title; providing definitions; requiring the Division of
34	State Lands of the Department of Environmental Protection
35	to perform certain staff duties and functions for Babcock
36	Ranch, Inc.; creating Babcock Ranch, Inc., a not-for-
37	profit corporation to be incorporated in the state;
38	providing that the corporation shall act as an
39	instrumentality of the state for purposes of sovereign
40	immunity under s. 768.28, F.S.; providing that the
41	corporation shall not be an agency under s. 20.03, F.S.;
42	providing that the corporation is subject to the
43	provisions of chs. 119 and 286, F.S., requiring public
44	records and meetings; providing for the corporation to be
45	governed by the Babcock Board of Directors; providing for
46	the appointment of board members and terms of office;
47	prohibiting any board member from voting on any measure
48	that constitutes a conflict of interest; providing for the
49	board members to serve without compensation, but to
50	receive per diem and travel expenses; authorizing state
51	agencies to provide state employees for purposes of
52	implementing the Babcock Ranch Preserve; providing certain
53	powers and duties of the corporation; providing
54	limitations on the powers and duties of the corporation;
55	providing that the corporation and its subsidiaries must
56	provide equal employment opportunities; providing for the
57	corporation to establish and manage an operating fund;
58	requiring an annual financial audit of the accounts and
59	records of the corporation; requiring annual reports by
60	the corporation to the Board of Trustees of the Internal
61	Improvement Trust Fund, the Legislature, the Department of
62	Agriculture and Consumer Services, and the Fish and
63	Wildlife Conservation Commission; requiring that the
64	corporation prepare an annual budget; specifying a goal of
65	self-sustaining operation within a certain period;
66	providing for the corporation to retain donations and
67	other moneys; requiring that the corporation adopt
68	articles of incorporation and bylaws subject to the
69	approval of the Board of Trustees of the Internal
70	Improvement Trust Fund; authorizing the corporation to
71	appoint advisory committees; providing requirements for a
72	comprehensive business plan; specifying the procedures by
73	which the corporation shall assume the management and
74	operation of the Babcock Ranch Preserve; prohibiting the
75	corporation from taking certain actions without the
76	consent of the Board of Trustees of the Internal
77	Improvement Trust Fund; requiring that the corporation be
78	subject to certain state laws and rules governing the
79	procurement of commodities and services; authorizing the
80	corporation to assess fees; providing for management of
81	the Babcock Ranch Preserve until expiration of a current
82	management agreement; providing for reversion of the
83	management and operation responsibilities to certain
84	agencies upon the dissolution of the corporation;
85	providing that the corporation may be dissolved only by an
86	act of the Legislature; providing for reversion of funds
87	upon the dissolution of the corporation; providing
88	appropriations; providing effective dates.
89
90	WHEREAS, the Babcock Ranch comprises the largest private
91	undeveloped single-ownership tract of land in Charlotte County
92	and contains historical evidence in the form of old logging
93	camps and other artifacts that indicate the importance of this
94	land for domesticated livestock production, timber supply, and
95	other bona fide agricultural uses, and
96	WHEREAS, the careful husbandry of the Babcock Ranch,
97	including selective timbering, limited 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 Ranch must be protected for current
102	and future generations by continued operation as a working ranch
103	under a unique management regime that protects the land and
104	resource values of the property and the surrounding ecosystem
105	while allowing and providing for the ranch to become financially
106	self-sustaining, and
107	WHEREAS, it is in the public's best interest that the
108	management regime for the Babcock Ranch include the development
109	of an operational program for appropriate preservation and
110	development of the ranch's land and resources, and
111	WHEREAS, the public's interest will be served by the
112	creation of a not-for-profit corporation to develop and
113	implement environmentally sensitive, cost-effective, and
114	creative methods to manage and operate a working ranch, NOW,
115	THEREFORE,
116
117	Be It Enacted by the Legislature of the State of Florida:
118
119	Section 1.  Paragraph (b) of subsection (1) and subsections
120	(11) and (13) of section 201.15, Florida Statutes, are amended
121	to read:
122	201.15  Distribution of taxes collected.--All taxes
123	collected under this chapter shall be distributed as follows and
124	shall be subject to the service charge imposed in s. 215.20(1),
125	except that such service charge shall not be levied against any
126	portion of taxes pledged to debt service on bonds to the extent
127	that the amount of the service charge is required to pay any
128	amounts relating to the bonds:
129	(1)  Sixty-two and sixty-three hundredths percent of the
130	remaining taxes collected under this chapter shall be used for
131	the following purposes:
132	(b)  Moneys The remainder of the moneys distributed under
133	this subsection, after the required payment under paragraph (a),
134	shall be paid into the State Treasury to the credit of the Save
135	Our Everglades Trust Fund in amounts necessary to pay debt
136	service, provide reserves, and pay rebate obligations and other
137	amounts due with respect to bonds issued under s. 215.619. Taxes
138	distributed under paragraph (a) and this paragraph must be
139	collectively distributed on a pro rata basis when the available
140	moneys under this subsection are not sufficient to cover the
141	amounts required under paragraph (a) and this paragraph.
142	(11)  From the moneys specified in paragraphs (1)(e)
143	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
144	into the General Revenue Fund, $30 million shall be paid into
145	the State Treasury to the credit of the Ecosystem Management and
146	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
147	year thereafter, to be used for the preservation and repair of
148	the state's beaches as provided in ss. 161.091-161.212, and $2
149	million shall be paid into the State Treasury to the credit of
150	the Marine Resources Conservation Trust Fund to be used for
151	marine mammal care as provided in s. 370.0603(3).
152	(13)  The distribution of proceeds deposited into the Water
153	Management Lands Trust Fund and the Conservation and Recreation
154	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
155	be used for land acquisition, but may be used for preacquisition
156	costs associated with land purchases.  The Legislature intends
157	that the Florida Forever program supplant the acquisition
158	programs formerly authorized under ss. 259.032 and 373.59. Prior
159	to the 2005 Regular Session of the Legislature, the Acquisition
160	and Restoration Council shall review and make recommendations to
161	the Legislature concerning the need to repeal this provision.
162	Based on these recommendations, the Legislature shall review the
163	need to repeal this provision during the 2005 Regular Session.
164	Section 2.  Effective July 1, 2007, paragraph (b) of
165	subsection (1), and subsections (11) and (13) of section 201.15,
166	Florida Statutes, as amended by section 1 of chapter 2005-92,
167	Laws of Florida, are amended to read:
168	201.15  Distribution of taxes collected.--All taxes
169	collected under this chapter shall be distributed as follows and
170	shall be subject to the service charge imposed in s. 215.20(1),
171	except that such service charge shall not be levied against any
172	portion of taxes pledged to debt service on bonds to the extent
173	that the amount of the service charge is required to pay any
174	amounts relating to the bonds:
175	(1)  Sixty-two and sixty-three hundredths percent of the
176	remaining taxes collected under this chapter shall be used for
177	the following purposes:
178	(b)  Moneys The remainder of the moneys distributed under
179	this subsection, after the required payment under paragraph (a),
180	shall be paid into the State Treasury to the credit of the Save
181	Our Everglades Trust Fund in amounts necessary to pay debt
182	service, provide reserves, and pay rebate obligations and other
183	amounts due with respect to bonds issued under s. 215.619. Taxes
184	distributed under paragraph (a) and this paragraph must be
185	collectively distributed on a pro rata basis when the available
186	moneys under this subsection are not sufficient to cover the
187	amounts required under paragraph (a) and this paragraph.
188	(11)  From the moneys specified in paragraphs (1)(e)
189	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
190	into the General Revenue Fund, $30 million shall be paid into
191	the State Treasury to the credit of the Ecosystem Management and
192	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
193	year thereafter, to be used for the preservation and repair of
194	the state's beaches as provided in ss. 161.091-161.212, and $2
195	million shall be paid into the State Treasury to the credit of
196	the Marine Resources Conservation Trust Fund to be used for
197	marine mammal care as provided in s. 370.0603(3).
198	(13)  The distribution of proceeds deposited into the Water
199	Management Lands Trust Fund and the Conservation and Recreation
200	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
201	be used for land acquisition, but may be used for preacquisition
202	costs associated with land purchases. The Legislature intends
203	that the Florida Forever program supplant the acquisition
204	programs formerly authorized under ss. 259.032 and 373.59. Prior
205	to the 2005 Regular Session of the Legislature, the Acquisition
206	and Restoration Council shall review and make recommendations to
207	the Legislature concerning the need to repeal this provision.
208	Based on these recommendations, the Legislature shall review the
209	need to repeal this provision during the 2005 Regular Session.
210	Section 3.  Subsection (3) of section 215.619, Florida
211	Statutes, is amended to read:
212	215.619  Bonds for Everglades restoration.--
213	(3)  Everglades restoration bonds are payable from, and
214	secured by a first lien on, taxes distributable under s.
215	201.15(1)(b) and do not constitute a general obligation of, or a
216	pledge of the full faith and credit of, the state. Everglades
217	restoration bonds shall be secured on a parity basis with are
218	junior and subordinate to bonds secured by moneys distributable
219	under s. 201.15(1)(a).
220	Section 4.  Paragraph (b) of subsection (2), paragraphs (e)
221	and (f) of subsection (9), paragraph (d) of subsection (10), and
222	paragraph (b) of subsection (11) of section 259.032, Florida
223	Statutes, are amended to read:
224	259.032  Conservation and Recreation Lands Trust Fund;
225	purpose.--
226	(2)
227	(b)  There shall annually be transferred from the
228	Conservation and Recreation Lands Trust Fund to the Land
229	Acquisition Trust Fund that amount, not to exceed $20 million
230	annually, as shall be necessary to pay the debt service on, or
231	fund debt service reserve funds, rebate obligations, or other
232	amounts with respect to bonds issued pursuant to s. 375.051 to
233	acquire lands on the established priority list developed
234	pursuant to ss. 259.101(4) and 259.105 this section; however, no
235	moneys transferred to the Land Acquisition Trust Fund pursuant
236	to this paragraph, or earnings thereon, shall be used or made
237	available to pay debt service on the Save Our Coast revenue
238	bonds. Amounts transferred annually from the Conservation and
239	Recreation Lands Trust Fund to the Land Acquisition Trust Fund
240	pursuant to this paragraph shall have the highest priority over
241	other payments or transfers from the Conservation and Recreation
242	Lands Trust Fund, and no other payments or transfers shall be
243	made from the Conservation and Recreation Lands Trust Fund until
244	such transfers to the Land Acquisition Trust Fund have been
245	made. Effective July 1, 2001, Moneys in the Conservation and
246	Recreation Lands Trust Fund also shall be used to manage lands
247	and to pay for related costs, activities, and functions pursuant
248	to the provisions of this section.
249	(9)  All lands managed under this chapter and s. 253.034
250	shall be:
251	(e)  Concurrent with the approval of the acquisition
252	contract pursuant to s. 259.041(3)(c) for any interest in lands
253	except those lands being acquired under the provisions of s.
254	259.1052, the board of trustees shall designate an agency or
255	agencies to manage such lands. The board and shall evaluate and
256	amend, as appropriate, the management policy statement for the
257	project as provided by s. 259.035, consistent with the purposes
258	for which the lands are acquired. For any fee simple acquisition
259	of a parcel which is or will be leased back for agricultural
260	purposes, or any acquisition of a less-than-fee interest in land
261	that is or will be used for agricultural purposes, the Board of
262	Trustees of the Internal Improvement Trust Fund shall first
263	consider having a soil and water conservation district, created
264	pursuant to chapter 582, manage and monitor such interests.
265	(f)  State agencies designated to manage lands acquired
266	under this chapter except those lands acquired under s. 259.1052
267	may contract with local governments and soil and water
268	conservation districts to assist in management activities,
269	including the responsibility of being the lead land manager.
270	Such land management contracts may include a provision for the
271	transfer of management funding to the local government or soil
272	and water conservation district from the Conservation and
273	Recreation Lands Trust Fund in an amount adequate for the local
274	government or soil and water conservation district to perform
275	its contractual land management responsibilities and
276	proportionate to its responsibilities, and which otherwise would
277	have been expended by the state agency to manage the property.
278	(10)
279	(d)1.  For each project for which lands are acquired after
280	July 1, 1995, an individual management plan shall be adopted and
281	in place no later than 1 year after the essential parcel or
282	parcels identified in the priority list developed pursuant to
283	ss. 259.101(4) and 259.105 in the annual Conservation and
284	Recreation Lands report prepared pursuant to s. 259.035(2)(a)
285	have been acquired. Beginning in fiscal year 1998-1999, The
286	Department of Environmental Protection shall distribute only 75
287	percent of the acquisition funds to which a budget entity or
288	water management district would otherwise be entitled from the
289	Preservation 2000 Trust Fund to any budget entity or any water
290	management district that has more than one-third of its
291	management plans overdue.
292	2.  The requirements of subparagraph 1. do not apply to the
293	individual management plan for the Babcock Crescent B Ranch
294	being acquired pursuant to s. 259.1052. The management plan for
295	the ranch shall be adopted and in place no later than 2 years
296	following the date of acquisition by the state.
297	(11)
298	(b)  An amount up to 1.5 percent of the cumulative total of
299	funds ever deposited into the Florida Preservation 2000 Trust
300	Fund and the Florida Forever Trust Fund shall be made available
301	for the purposes of management, maintenance, and capital
302	improvements not eligible for funding pursuant to s. 11(e), Art.
303	VII of the State Constitution, and for associated contractual
304	services, for lands acquired pursuant to this section, s.
305	259.101, s. 259.105, s. 259.1052, or previous programs for the
306	acquisition of lands for conservation and recreation, including
307	state forests, to which title is vested in the board of trustees
308	and other conservation and recreation lands managed by a state
309	agency. Of this amount, $250,000 shall be transferred annually
310	to the Plant Industry Trust Fund within the Department of
311	Agriculture and Consumer Services for the purpose of
312	implementing the Endangered or Threatened Native Flora
313	Conservation Grants Program pursuant to s. 581.185(11). Each
314	agency with management responsibilities shall annually request
315	from the Legislature funds sufficient to fulfill such
316	responsibilities. For the purposes of this paragraph, capital
317	improvements shall include, but need not be limited to,
318	perimeter fencing, signs, firelanes, access roads and trails,
319	and minimal public accommodations, such as primitive campsites,
320	garbage receptacles, and toilets. Any equipment purchased with
321	funds provided pursuant to this paragraph may be used for the
322	purposes described in this paragraph on any conservation and
323	recreation lands managed by a state agency.
324	Section 5.  Subsections (2), and (10) of section 259.105,
325	Florida Statutes, are amended to read:
326	259.105  The Florida Forever Act.--
327	(2)(a)  The Legislature finds and declares that:
328	1.  The Preservation 2000 program provided tremendous
329	financial resources for purchasing environmentally significant
330	lands to protect those lands from imminent development, thereby
331	assuring present and future generations access to important open
332	spaces and recreation and conservation lands.
333	2.  The continued alteration and development of Florida's
334	natural areas to accommodate the state's rapidly growing
335	population have contributed to the degradation of water
336	resources, the fragmentation and destruction of wildlife
337	habitats, the loss of outdoor recreation space, and the
338	diminishment of wetlands, forests, and public beaches.
339	3.  The potential development of Florida's remaining
340	natural areas and escalation of land values require a
341	continuation of government efforts to restore, bring under
342	public protection, or acquire lands and water areas to preserve
343	the state's invaluable quality of life.
344	4.  Florida's groundwater, surface waters, and springs are
345	under tremendous pressure due to population growth and economic
346	expansion and require special protection and restoration
347	efforts.  To ensure that sufficient quantities of water are
348	available to meet the current and future needs of the natural
349	systems and citizens of the state, and assist in achieving the
350	planning goals of the department and the water management
351	districts, water resource development projects on public lands,
352	where compatible with the resource values of and management
353	objectives for the lands, are appropriate.
354	5.  The needs of urban Florida for high-quality outdoor
355	recreational opportunities, greenways, trails, and open space
356	have not been fully met by previous acquisition programs.
357	Through such programs as the Florida Communities Trust and the
358	Florida Recreation Development Assistance Program, the state
359	shall place additional emphasis on acquiring, protecting,
360	preserving, and restoring open space, greenways, and recreation
361	properties within urban areas where pristine natural communities
362	or water bodies no longer exist because of the proximity of
363	developed property.
364	6.  Many of Florida's unique ecosystems, such as the
365	Florida Everglades, are facing ecological collapse due to
366	Florida's burgeoning population. To preserve these valuable
367	ecosystems for future generations, parcels of land must be
368	acquired to facilitate ecosystem restoration.
369	7.  Access to public lands to support a broad range of
370	outdoor recreational opportunities and the development of
371	necessary infrastructure, where compatible with the resource
372	values of and management objectives for such lands, promotes an
373	appreciation for Florida's natural assets and improves the
374	quality of life.
375	8.  Acquisition of lands, in fee simple or in any lesser
376	interest, should be based on a comprehensive assessment of
377	Florida's natural resources and planned so as to protect the
378	integrity of ecological systems and provide multiple benefits,
379	including preservation of fish and wildlife habitat, recreation
380	space for urban as well as rural areas, and water recharge.
381	9.  The state has embraced performance-based program
382	budgeting as a tool to evaluate the achievements of publicly
383	funded agencies, build in accountability, and reward those
384	agencies which are able to consistently achieve quantifiable
385	goals.  While previous and existing state environmental programs
386	have achieved varying degrees of success, few of these programs
387	can be evaluated as to the extent of their achievements,
388	primarily because performance measures, standards, outcomes, and
389	goals were not established at the outset.  Therefore, the
390	Florida Forever program shall be developed and implemented in
391	the context of measurable state goals and objectives.
392	10.  It is the intent of the Legislature to change the
393	focus and direction of the state's major land acquisition
394	programs and to extend funding and bonding capabilities, so that
395	future generations may enjoy the natural resources of Florida.
396	(b)  The Legislature recognizes that acquisition is only
397	one way to achieve the aforementioned goals and encourages the
398	development of creative partnerships between governmental
399	agencies and private landowners.  Land protection agreements and
400	similar tools should be used, where appropriate, to bring
401	environmentally sensitive tracts under an acceptable level of
402	protection at a lower financial cost to the public, and to
403	provide private landowners with the opportunity to enjoy and
404	benefit from their property.
405	(c)  Public agencies or other entities that receive funds
406	under this section are encouraged to better coordinate their
407	expenditures so that project acquisitions, when combined with
408	acquisitions under Preservation 2000, Save Our Rivers, the
409	Florida Communities Trust, and other public land acquisition
410	programs, will form more complete patterns of protection for
411	natural areas and functioning ecosystems, to better accomplish
412	the intent of this section.
413	(d)  A long-term financial commitment to managing Florida's
414	public lands must accompany any new land acquisition program to
415	ensure that the natural resource values of such lands are
416	protected, that the public has the opportunity to enjoy the
417	lands to their fullest potential, and that the state achieves
418	the full benefits of its investment of public dollars.
419	(e)  With limited dollars available for restoration and
420	acquisition of land and water areas and for providing long-term
421	management and capital improvements, a competitive selection
422	process can select those projects best able to meet the goals of
423	Florida Forever and maximize the efficient use of the program's
424	funding.
425	(f)  To ensure success and provide accountability to the
426	citizens of this state, it is the intent of the Legislature that
427	any bond proceeds used pursuant to this section be used to
428	implement the goals and objectives recommended by the Florida
429	Forever Advisory Council as approved by the Board of Trustees of
430	the Internal Improvement Trust Fund and the Legislature.
431	(g)  As it has with previous land acquisition programs, the
432	Legislature recognizes the desires of the citizens of this state
433	to prosper through economic development and to preserve the
434	natural areas and recreational open space of Florida.  The
435	Legislature further recognizes the urgency of restoring the
436	natural functions of public lands or water bodies before they
437	are degraded to a point where recovery may never occur, yet
438	acknowledges the difficulty of ensuring adequate funding for
439	restoration efforts in light of other equally critical financial
440	needs of the state.  It is the Legislature's desire and intent
441	to fund the implementation of this section and to do so in a
442	fiscally responsible manner, by issuing bonds to be repaid with
443	documentary stamp tax revenue.
444	(h)  The Legislature further recognizes the important role
445	that many of our state and federal military installations
446	contribute to protecting and preserving Florida's natural
447	resources as well as our economic prosperity. Where the state's
448	land conservation plans overlap with the military's need to
449	protect lands, waters, and habitat to ensure the sustainability
450	of military missions, it is the Legislature's intent that
451	agencies receiving funds under this program cooperate with our
452	military partners to protect and buffer military installations
453	and military airspace, by:
454	1.  Protecting habitat on non-military land for any species
455	found on military land that is designated as threatened or
456	endangered, or is a candidate for such designation under the
457	Endangered Species Act or any Florida statute.
458	2.  Protecting areas underlying low-level military air
459	corridors or operating areas, and
460	3.  Protecting areas identified as clear zones, accident
461	potential zones, and air installation compatible use buffer
462	zones delineated by our military partners.
463	(10)  The Acquisition and Restoration Council shall give
464	increased priority to those projects for which matching funds
465	are available and to project elements previously identified on
466	an acquisition list pursuant to this section that can be
467	acquired at 80 percent or less of appraised value. The council
468	shall also give increased priority to those projects where the
469	state's land conservation plans overlap with the military's need
470	to protect lands, water, and habitat to ensure the
471	sustainability of military missions including:
472	(a)  Protecting habitat on non-military land for any
473	species found on military land that is designated as threatened
474	or endangered, or is a candidate for such designation under the
475	Endangered Species Act or any Florida statute.
476	(b)  Protecting areas underlying low-level military air
477	corridors or operating areas, and
478	(c)  Protecting areas identified as clear zones, accident
479	potential zones, and air installation compatible use buffer
480	zones delineated by our military partners, and for which federal
481	or other funding is available to assist with the project.
482	Section 6.  Subsections (1) and (2) of section 259.1051,
483	Florida Statutes, are amended to read:
484	259.1051  Florida Forever Trust Fund.--
485	(1)  There is created the Florida Forever Trust Fund to
486	carry out the purposes of ss. 259.032, 259.105, 259.1052, and
487	375.031. The Florida Forever Trust Fund shall be held and
488	administered by the Department of Environmental Protection.
489	Proceeds from the sale of bonds, except proceeds of refunding
490	bonds, issued under s. 215.618 and payable from moneys
491	transferred to the Land Acquisition Trust Fund under s.
492	201.15(1)(a), not to exceed $3 billion, must be deposited into
493	this trust fund to be distributed and used as provided in s.
494	259.105(3). The bond resolution adopted by the governing board
495	of the Division of Bond Finance of the State Board of
496	Administration may provide for additional provisions that govern
497	the disbursement of the bond proceeds.
498	(2)  The Department of Environmental Protection shall
499	distribute revenues from the Florida Forever Trust Fund only to
500	programs of state agencies or local governments as set out in s.
501	259.105(3) or as provided in s. 259.1052. Excluding
502	distributions to the Save Our Everglades Trust Fund and
503	distributions for the acquisition of the Babcock Crescent B
504	Ranch Florida Forever acquisition as provided in s. 259.1052,
505	the distributions shall be spent by the recipient within 90 days
506	after the date on which the Department of Environmental
507	Protection initiates the transfer.
508	Section 7.  Section 259.1052, Florida Statutes, is created
509	to read:
510	259.1052  Babcock Crescent B Ranch Florida Forever
511	acquisition; conditions for purchase.--
512	(1)  The acquisition of the state's portion of the Babcock
513	Crescent B Ranch by the Board of Trustees of the Internal
514	Improvement Trust Fund is a conservation acquisition under the
515	Florida Forever program created in s. 259.105, with a goal of
516	sustaining the ecological and economic integrity of the property
517	being acquired while allowing the business of the ranch to
518	operate and prosper.
519	(2)  The Babcock Crescent B Ranch constitutes a unique land
520	mass that has significant scientific, cultural, historical,
521	recreational, ecological, wildlife, fisheries, and productive
522	values. The property is part of a potential greenway of
523	undeveloped land extending from Lake Okeechobee to the east and
524	Charlotte Harbor to the west. The natural beauty and abundant
525	resources of the ranch provide numerous public recreational
526	opportunities such as hiking, fishing, camping, horseback
527	riding, and hunting.
528	(3)  The Legislature recognizes that the acquisition of the
529	state's portion of the Babcock Crescent B Ranch represents a
530	unique opportunity to assist in preserving the largest private
531	and undeveloped single-ownership tract of land in Charlotte
532	County. The Legislature further recognizes Lee County as a
533	partner in the acquisition of the ranch.
534	(4)  This section authorizes the acquisition of the state's
535	portion of the Babcock Crescent B Ranch in order to protect and
536	preserve for future generations the scientific, scenic,
537	historic, and natural values of the ranch, including rivers and
538	ecosystems; to protect and preserve the archaeological,
539	geological, and cultural resources of the ranch; to provide for
540	species recovery; and to provide opportunities for public
541	recreation.
542	(5)  The Fish and Wildlife Conservation Commission and the
543	Department of Agriculture and Consumer Services shall be the
544	lead managing agencies responsible for the management of Babcock
545	Crescent B Ranch.
546	(6)  In addition to distributions authorized under s.
547	259.105(3), the Department of Environmental Protection is
548	authorized to distribute $310 million in revenues from the
549	Florida Forever Trust Fund. This distribution shall represent
550	payment in full for the portion of the Babcock Crescent B Ranch
551	to be acquired by the state under this section.
552	(7)  As used in this section, the term "state's portion of
553	the Babcock Crescent B Ranch" comprises those lands to be
554	conveyed by special warranty deed to the Board of Trustees of
555	the Internal Improvement Trust Fund under the provisions of the
556	agreement for sale and purchase executed by the Board of
557	Trustees of the Internal Improvement Trust Fund, the Fish and
558	Wildlife Conservation Commission, the Department of Agriculture
559	and Consumer Services, and the participating local government,
560	as purchaser, and MSKP, III, a Florida corporation, as seller.
561	Section 8.  Section 259.10521, Florida Statutes, is created
562	to read:
563	259.10521  Citizen support organization; use of property.--
564	(1)  DEFINITIONS.--For the purpose of this section, the
565	"Citizen support organization" means an organization that is:
566	(a)  A Florida corporation not for profit incorporated
567	under the provisions of chapter 617 and approved by the
568	Department of State;
569	(b)  Organized and operated to conduct programs and
570	activities in the best interest of the state; raise funds;
571	request and receive grants, gifts, and bequests of money;
572	acquire, receive, hold, invest, and administer, in its own name,
573	securities, funds, objects of value, or other property, real or
574	personal; and make expenditures to or for the direct or indirect
575	benefit of the Babcock Crescent B Ranch;
576	(c)  Determined by the Fish and Wildlife Conservation
577	Commission and the Division of Forestry within the Department of
578	Agriculture and Consumer Services to be consistent with the
579	goals of the state in acquiring the ranch and in the best
580	interests of the state; and
581	(d)  Approved in writing by the Fish and Wildlife
582	Conservation Commission and the Division of Forestry to operate
583	for the direct or indirect benefit of the ranch and in the best
584	interest of the state. Such approval shall be given in a letter
585	of agreement from the Fish and Wildlife Conservation Commission
586	and the Division of Forestry. Only one citizen support
587	organization may be created to operate for the direct or
588	indirect benefit of the Babcock Crescent B Ranch.
589	(2)  USE OF PROPERTY.--
590	(a)  The Fish and Wildlife Conservation Commission and the
591	Division of Forestry may permit, without charge, appropriate use
592	of fixed property and facilities of the Babcock Crescent B Ranch
593	by a citizen support organization, subject to the provisions of
594	this section. Such use must be directly in keeping with the
595	approved purposes of the citizen support organization, and may
596	not be made at times or places that would unreasonably interfere
597	with recreational opportunities for the general public.
598	(b)  The Fish and Wildlife Conservation Commission and the
599	Division of Forestry may prescribe by rule any condition with
600	which the citizen support organization shall comply in order to
601	use fixed property or facilities of the ranch.
602	(c)  The Fish and Wildlife Conservation Commission and the
603	Division of Forestry shall not permit the use of any fixed
604	property or facilities of the ranch by a citizen support
605	organization that does not provide equal membership and
606	employment opportunities to all persons regardless of race,
607	color, religion, sex, age, or national origin.
608	(3)  PARTNERSHIPS.--
609	(a)  The Legislature recognizes that the Babcock Crescent B
610	Ranch will need a variety of facilities to enhance its public
611	use and potential. Such facilities include, but are not limited
612	to, improved access, camping areas, picnic shelters, management
613	facilities, and environmental education facilities.  The need
614	for such facilities may exceed the ability of the state to
615	provide such facilities in a timely manner with moneys
616	available.  The Legislature finds it to be in the public
617	interest to provide incentives for partnerships with private
618	organizations with the intent of producing additional revenue to
619	help enhance the use and potential of the ranch.
620	(b)  The Legislature may annually appropriate funds from
621	the Land Acquisition Trust Fund for use only as state matching
622	funds, in conjunction with private donations in aggregates of at
623	least $60,000, matched by $40,000 of state funds, for a total
624	minimum project amount of $100,000 for capital improvement
625	facility development at the ranch at either individually
626	designated locations or for priority projects within the overall
627	ranch system. The citizen support organization may acquire
628	private donations pursuant to this section, and matching state
629	funds for approved projects may be provided in accordance with
630	this subsection. The Fish and Wildlife Conservation Commission
631	and the Division of Forestry are authorized to properly
632	recognize and honor a private donor by placing a plaque or other
633	appropriate designation noting the contribution on project
634	facilities or by naming project facilities after the person or
635	organization that provided matching funds. The Fish and Wildlife
636	Conservation Commission and the Division of Forestry are
637	authorized to adopt necessary administrative rules to carry out
638	the purposes of this subsection.
639	Section 9.  Section 259.1053, Florida Statutes, is created
640	to read:
641	259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
642	creation; membership; organization; meetings.--
643	(1)  SHORT TITLE.--This section may be cited as the
644	"Babcock Ranch Preserve Act."
645	(2)  DEFINITIONS.--As used in this section, the term:
646	(a)  "Babcock Ranch Preserve" and "preserve" mean the lands
647	and facilities acquired in the purchase of the Babcock Crescent
648	B Ranch, as provided in s. 259.1052.
649	(b)  "Babcock Ranch, Inc.," and "corporation" mean the not-
650	for-profit corporation created under this section to operate and
651	manage the Babcock Ranch Preserve as a working ranch.
652	(c)  "Board of directors" means the governing board of the
653	not-for-profit corporation created under this section.
654	(d)  "Commission" means the Fish and Wildlife Conservation
655	Commission.
656	(e)  "Commissioner" means the Commissioner of Agriculture.
657	(f)  "Department" means the Department of Agriculture and
658	Consumer Services.
659	(g)  "Executive director" means the Executive Director of
660	the Fish and Wildlife Conservation Commission.
661	(h)  "Financially self-sustaining" means having management
662	and operation expenditures not more than the revenues collected
663	from fees and other receipts for resource use and development,
664	and from interest and invested funds.
665	(i)  "Management and operating expenditures" means expenses
666	of the corporation, including, but not limited to, salaries and
667	benefits of officers and staff, administrative and operating
668	expenses, costs of improvements to and maintenance of lands and
669	facilities of the Babcock Ranch Preserve, and other similar
670	expenses. Such expenditures shall be made from revenues
671	generated from the operation of the ranch and not from funds
672	appropriated by the Legislature except as provided in this
673	section.
674	(j)  "Member" means a person appointed to the board of
675	directors of the not-for-profit corporation created under this
676	section.
677	(k)  "Multiple use" means the management of all of the
678	renewable surface resources of the Babcock Ranch Preserve to
679	best meet the needs of the public, including the use of the land
680	for some or all of the renewable surface resources or related
681	services over areas large enough to allow for periodic
682	adjustments in use to conform to the changing needs and
683	conditions of the preserve while recognizing that a portion of
684	the land will be used for some of the renewable surface
685	resources available on that land. The goal of multiple use is
686	the harmonious and coordinated management of the renewable
687	surface resources without impairing the productivity of the land
688	and considering the relative value of the renewable surface
689	resources, and not necessarily a combination of uses to provide
690	the greatest monetary return or the greatest unit output.
691	(l)  "Sustained yield of the renewable surface resources"
692	means the achievement and maintenance of a high level of annual
693	or regular periodic output of the various renewable surface
694	resources of the preserve without impairing the productivity of
695	the land.
696	(3)  CREATION OF BABCOCK RANCH PRESERVE.--
697	(a)  Upon the date of acquisition of the Babcock Crescent B
698	Ranch, there is created the Babcock Ranch Preserve, which shall
699	be managed in accordance with the purposes and requirements of
700	this section.
701	(b)  The preserve is established to protect and preserve
702	the environmental, agricultural, scientific, scenic, geologic,
703	watershed, fish, wildlife, historic, cultural, and recreational
704	values of the preserve, and to provide for the multiple use and
705	sustained yield of the renewable surface resources within the
706	preserve consistent with this section.
707	(c)  Babcock Ranch, Inc., and its officers and employees
708	shall participate in the management of the Babcock Ranch
709	Preserve in an advisory capacity only until the management
710	agreement referenced in paragraph (11)(a) is terminated or
711	expires.
712	(d)  Nothing in this section shall preclude Babcock Ranch,
713	Inc., prior to assuming management and operation of the preserve
714	and thereafter, from allowing the use of common varieties of
715	mineral materials such as sand, stone, and gravel for
716	construction and maintenance of roads and facilities within the
717	preserve.
718	(e)  Nothing in this section shall be construed as
719	affecting the constitutional responsibilities of the commission
720	in the exercise of its regulatory and executive power with
721	respect to wild animal life and freshwater aquatic life,
722	including the regulation of hunting, fishing, and trapping
723	within the preserve.
724	(f)  Nothing in this section shall be construed to
725	interfere with or prevent the ability of Babcock Ranch, Inc., to
726	implement agricultural practices authorized by the agricultural
727	land use designations established in the local comprehensive
728	plans of either Charlotte or Lee Counties as those plans apply
729	to the Babcock Ranch Preserve.
730	(g)  To clarify the responsibilities of the lead managing
731	agencies and the not-for-profit corporation created under this
732	section, the lead managing agencies are directed to establish a
733	range of resource protection values for the Babcock Ranch
734	Preserve, and the corporation shall establish operational
735	parameters to conduct the business of the ranch within the range
736	of values. The corporation shall establish a range of
737	operational values for conducting the business of the ranch, and
738	the lead managing agencies providing ground support to the ranch
739	outside of each agency's jurisdictional responsibilities shall
740	establish management parameters within that range of values.
741	(h)  Nothing in this section shall preclude the maintenance
742	and use of roads and trails or the relocation of roads in
743	existence on the effective date of this section, or the
744	construction, maintenance, and use of new trails, or any
745	motorized access necessary for the administration of the land
746	contained within the preserve, including motorized access
747	necessary for emergencies involving the health or safety of
748	persons within the preserve.
749	(i)  The Division of State Lands of the Department of
750	Environmental Protection shall perform staff duties and
751	functions for Babcock Ranch, Inc., the not-for-profit
752	corporation created under this section, until such time as the
753	corporation organizes to elect officers, file articles of
754	incorporation, and exercise its powers and duties.
755	(4)  CREATION OF BABCOCK RANCH, INC.--
756	(a)  Subject to filing articles of incorporation, there is
757	created a not-for-profit corporation, to be known as Babcock
758	Ranch, Inc., which shall be registered, incorporated, organized,
759	and operated in compliance with the provisions of chapter 617,
760	and which shall not be a unit or entity of state government. For
761	purposes of sovereign immunity, the corporation shall be a
762	corporation primarily acting as an instrumentality of the state
763	but otherwise shall not be an agency within the meaning of s.
764	20.03(11) or a unit or entity of state government.
765	(b)  The corporation is organized on a nonstock basis and
766	shall operate in a manner consistent with its public purpose and
767	in the best interest of the state.
768	(c)  Meetings and records of the corporation, its
769	directors, advisory committees, or similar groups created by the
770	corporation, including any not-for-profit subsidiaries, are
771	subject to the public records provisions of chapter 119 and the
772	public meetings and records provisions of s. 286.011.
773	(5)  APPLICABILITY OF SECTION.--In any conflict between a
774	provision of this section and a provision of chapter 617, the
775	provisions of this section shall prevail.
776	(6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is to
777	provide management and administrative services for the preserve,
778	to establish and implement management policies that will achieve
779	the purposes and requirements of this section, to cooperate with
780	state agencies to further the purposes of the preserve, and to
781	establish the administrative and accounting procedures for the
782	operation of the corporation.
783	(7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
784	corporation shall be governed by a nine-member board of
785	directors who shall be appointed by the Board of Trustees of the
786	Internal Improvement Trust Fund; the executive director of the
787	commission; the Commissioner of Agriculture; the Babcock Florida
788	Company, a corporation registered to do business in the state,
789	or its successors or assigns; the Charlotte County Board of
790	County Commissioners, and the Lee County Board of County
791	Commissioners in the following manner:
792	(a)1.  The Board of Trustees of the Internal Improvement
793	Trust Fund shall appoint four members. One appointee shall have
794	expertise in domesticated livestock management, production, and
795	marketing, including range management and livestock business
796	management. One appointee shall have expertise in the management
797	of game and nongame wildlife and fish populations, including
798	hunting, fishing, and other recreational activities. One
799	appointee shall have expertise in the sustainable management of
800	forest lands for commodity purposes. One appointee shall have
801	expertise in financial management, budget and program analysis,
802	and small business operations.
803	2.  The executive director shall appoint one member with
804	expertise in hunting; fishing; nongame species management; or
805	wildlife habitat management, restoration, and conservation.
806	3.  The commissioner shall appoint one member with
807	expertise in agricultural operations or foresty management.
808	4.  The Babcock Florida Company, or its successors or
809	assigns, shall appoint one member with expertise in the
810	activities and management of the Babcock Ranch on the date of
811	acquisition of the ranch by the state as provided under s.
812	259.1052. This appointee shall serve on the board of directors
813	only until the termination of or expiration of the management
814	agreement attached as Exhibit "E" to that certain Agreement for
815	Sale and Purchase approved by the Board of Trustees of the
816	Internal Improvement Trust Fund on November 22, 2005, and by Lee
817	County, a political subdivision of the state, on November 20,
818	2005. Upon termination of or expiration of the management
819	agreement, the person serving as the head of the property
820	owners' association, if any, required to be created under the
821	agreement for sale and purchase shall serve as a member of the
822	board of directors of Babcock Ranch, Inc.
823	5.  The Charlotte County Board of County Commissioners
824	shall appoint one member who shall be a resident of the county
825	and who shall be active in an organization concerned with the
826	activities of the ranch.
827	6.  The Lee County Board of County Commissioners shall
828	appoint one member who shall be a resident of the county and who
829	shall have experience in land conservation and management. This
830	appointee, or a successor appointee, shall serve as a member of
831	the board of directors so long as the county participates in the
832	state land management plan.
833	(b)  All members of the board of directors shall be
834	appointed no later 90 days following the initial acquisition of
835	the Babcock Ranch by the state, and:
836	1.  Four members initially appointed by the Board of
837	Trustees of the Internal Improvement Trust Fund shall each serve
838	a 4-year term.
839	2.  The remaining initial five appointees shall each serve
840	a 2-year term.
841	3.  Each member appointed thereafter shall serve a 4-year
842	term.
843	4.  A vacancy shall be filled in the same manner in which
844	the original appointment was made, and a member appointed to
845	fill a vacancy shall serve for the remainder of that term.
846	5.  No member may serve more than 8 years in consecutive
847	terms.
848	(c)  With the exception of the Babcock Florida Company
849	appointee, no member may be an officer, director, or shareholder
850	in any entity that contracts with or receives funds from the
851	corporation or its subsidiaries.
852	(d)  No member shall vote in an official capacity upon any
853	measure that would inure to his or her special private gain or
854	loss, that he or she knows would inure to the special private
855	gain or loss of any principal by whom he or she is retained or
856	to the parent organization or subsidiary of a principal by which
857	he or she is retained, or that he or she knows would inure to
858	the special private gain or loss of a relative or business
859	associate of the member. Such member shall, prior to the vote
860	being taken, publicly state the nature of his or her interest in
861	the matter from which he or she is abstaining from voting and,
862	no later than 15 days following the date the vote occurs, shall
863	disclose the nature of his or her interest as a public record in
864	a memorandum filed with the person responsible for recording the
865	minutes of the meeting, who shall incorporate the memorandum in
866	the minutes of the meeting.
867	(e)  Each member of the board of directors is accountable
868	for the proper performance of the duties of office, and each
869	member owes a fiduciary duty to the people of the state to
870	ensure that funds provided in furtherance of this section are
871	disbursed and used as prescribed by law and contract. Any
872	official appointing a member may remove that member for
873	malfeasance, misfeasance, neglect of duty, incompetence,
874	permanent inability to perform official duties, unexcused
875	absence from three consecutive meetings of the board, arrest or
876	indictment for a crime that is a felony or misdemeanor involving
877	theft or a crime of dishonesty, or pleading nolo contendere to,
878	or being found guilty of, any crime.
879	(f)  Each member of the board of directors shall serve
880	without compensation, but shall receive travel and per diem
881	expenses as provided in s. 112.061 while in the performance of
882	his or her duties.
883	(g)  No appointee shall be an employee of any governmental
884	entity.
885	(8)  ORGANIZATION; MEETINGS.--
886	(a)1.  The board of directors shall annually elect a
887	chairperson and a vice chairperson from among the board's
888	members.  The members may, by a vote of five of the nine board
889	members, remove a member from the position of chairperson or
890	vice chairperson prior to the expiration of his or her term as
891	chairperson or vice chairperson. His or her successor shall be
892	elected to serve for the balance of the removed chairperson's or
893	vice chairperson's term.
894	2.  The chairperson shall ensure that records are kept of
895	the proceedings of the board of directors, and is the custodian
896	of all books, documents, and papers filed with the board, the
897	minutes of meetings of the board, and the official seal of the
898	corporation.
899	(b)1.  The board of directors shall meet upon the call of
900	the chairperson at least three times per year in Charlotte
901	County or in Lee County.
902	2.  A majority of the members of the board of directors
903	constitutes a quorum.  Except as otherwise provided in this
904	section, the board of directors may take official action by a
905	majority of the members present at any meeting at which a quorum
906	is present.  Members may not vote by proxy.
907	(9)  POWERS AND DUTIES.--
908	(a)  The board of directors shall adopt articles of
909	incorporation and bylaws necessary to govern its activities. The
910	adopted articles of incorporation and bylaws must be approved by
911	the Board of Trustees of the Internal Improvement Trust Fund
912	prior to filing with the Department of State.
913	(b)  The board of directors shall review and approve any
914	management plan developed pursuant to ss. 253.034 and 259.032
915	for the management of lands in the preserve prior to the
916	submission of that plan to the Board of Trustees of the Internal
917	Improvement Trust Fund for approval and implementation.
918	(c)1.  Except for the constitutional powers of the
919	commission as provided in s. 9, Art. IV of the State
920	Constitution, the board of directors shall have all necessary
921	and proper powers for the exercise of the authority vested in
922	the corporation, including, but not limited to, the power to
923	solicit and accept donations of funds, property, supplies, or
924	services from individuals, foundations, corporations, and other
925	public or private entities for the purposes of this section. All
926	funds received by the corporation shall be deposited into the
927	operating fund authorized under this section unless otherwise
928	directed by the Legislature.
929	2.  The board of directors may not increase the number of
930	its members.
931	3.  Except as necessary to manage and operate the preserve
932	as a working ranch, the corporation may not purchase, take,
933	receive, lease, take by gift, devise, or bequest, or otherwise
934	acquire, own, hold, improve, use, or otherwise deal in and with
935	real property, or any interest therein, wherever situated.
936	4.  The corporation may not sell, convey, mortgage, pledge,
937	lease, exchange, transfer, or otherwise dispose of any real
938	property.
939	5.  The corporation may not purchase, take, receive,
940	subscribe for, or otherwise acquire, own, hold, vote, use,
941	employ, sell, mortgage, lend, pledge, or otherwise dispose of or
942	otherwise use and deal in and with, shares and other interests
943	in, or obligations of, other domestic or foreign corporations,
944	whether for profit or not for profit, associations,
945	partnerships, or individuals, or direct or indirect obligations
946	of the United States, or any other government, state, territory,
947	government district, municipality, or any instrumentality
948	thereof.
949	6.  The corporation may not lend money for its corporate
950	purposes, invest and reinvest its funds, or take and hold real
951	and personal property as security for the payment of funds lent
952	or invested.
953	7.  The corporation may not merge with other corporations
954	or other business entities.
955	8.  The corporation may not enter into any contract, lease,
956	or other agreement related to the use of ground or surface
957	waters located in, on, or through the preserve without the
958	consent of the Board of Trustees of the Internal Improvement
959	Trust Fund and permits that may be required by the Department of
960	Environmental Protection or the appropriate water management
961	district under chapters 373 and 403.
962	9.  The corporation may not grant any easements in, on, or
963	across the preserve.  Any easements to be granted for the use
964	of, access to, or ingress and egress across state property
965	within the preserve must be executed by the Board of Trustees of
966	the Internal Improvement Trust Fund as the owners of the state
967	property within the preserve.  Any easements to be granted for
968	the use of, access to, or ingress and egress across property
969	within the preserve titled in the name of a local government
970	must be granted by the governing body of that local government.
971	10.  The corporation may not enter into any contract,
972	lease, or other agreement related to the use and occupancy of
973	the property within the preserve for a period greater than 10
974	years.
975	(c)  The members may, with the written approval of the
976	commission and in consultation with the department, designate
977	hunting, fishing, and trapping zones and may establish
978	additional periods when no hunting, fishing, or trapping shall
979	be permitted for reasons of public safety, administration, and
980	the protection and enhancement of nongame habitat and nongame
981	species, as defined under s. 372.001.
982	(d)  The corporation shall have the sole and exclusive
983	right to use the words "Babcock Ranch, Inc.," and any seal,
984	emblem, or other insignia adopted by the members. Without the
985	express written authority of the corporation, no person may use
986	the words "Babcock Ranch, Inc.," as the name under which that
987	person conducts or purports to conduct business, for the purpose
988	of trade or advertisement, or in any manner that may suggest any
989	connection with the corporation.
990	(e)  The corporation may from time to time appoint advisory
991	committees to further any part of this section. The advisory
992	committees shall be reflective of the expertise necessary for
993	the particular function for which the committee is created, and
994	may include public agencies, private entities, and not-for-
995	profit conservation and agricultural representatives.
996	(f)  State laws governing the procurement of commodities
997	and services by state agencies, as provided in s. 287.057, shall
998	apply to the corporation.
999	(g)  The corporation and its subsidiaries must provide
1000	equal employment opportunities for all persons regardless of
1001	race, color, religion, gender, national origin, age, handicap,
1002	or marital status.
1003	(10)  OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
1004	REQUIREMENTS.--
1005	(a)  The board of directors may establish and manage an
1006	operating fund to address the corporation's unique cash-flow
1007	needs and to facilitate the management and operation of the
1008	preserve as a working ranch.
1009	(b)  The board of directors shall provide for an annual
1010	financial audit of the corporate accounts and records to be
1011	conducted by an independent certified public accountant in
1012	accordance with rules adopted by the Auditor General under s.
1013	11.45(8). The audit report shall be submitted no later than 3
1014	months following the end of the fiscal year to the Auditor
1015	General, the President of the Senate, the Speaker of the House
1016	of Representatives, and the appropriate substantive and fiscal
1017	committees of the Legislature. The Auditor General, the Office
1018	of Program Policy Analysis and Government Accountability, and
1019	the substantive or fiscal committees of the Legislature to which
1020	legislation affecting the Babcock Ranch Preserve may be referred
1021	shall have the authority to require and receive from the
1022	corporation or from the independent auditor any records relative
1023	to the operation of the corporation.
1024	(c)  Not later than January 15 of each year, Babcock Ranch,
1025	Inc., shall submit to the Board of Trustees of the Internal
1026	Improvement Trust Fund, the President of the Senate, the Speaker
1027	of the House of Representatives, the department, and the
1028	commission a comprehensive and detailed report of its
1029	operations, activities, and accomplishments for the prior year,
1030	including information on the status of the ecological, cultural,
1031	and financial resources being managed by the corporation, and
1032	benefits provided by the preserve to local communities. The
1033	report shall also include a section describing the corporation's
1034	goals for the current year.
1035	(d)  The board of directors shall prepare an annual budget
1036	with the goal of achieving a financially self-sustaining
1037	operation within 15 full fiscal years after the initial
1038	acquisition of the Babcock Ranch by the state. The department
1039	shall provide necessary assistance, including details as
1040	necessary, to the corporation for the timely formulation and
1041	submission of an annual legislative budget request for
1042	appropriations, if any, to support the administration,
1043	operation, and maintenance of the preserve. A request for
1044	appropriations shall be submitted to the department and shall be
1045	included in the department's annual legislative budget request.
1046	Requests for appropriations shall be submitted to the department
1047	in time to allow the department to meet the requirements of s.
1048	216.023. The department may not deny a request or refuse to
1049	include in its annual legislative budget submission a request
1050	from the corporation for an appropriation.
1051	(e)  Notwithstanding any other provision of law, all moneys
1052	received from donations or from management of the preserve shall
1053	be retained by the corporation in the operating fund and shall
1054	be available, without further appropriation, for the
1055	administration, preservation, restoration, operation and
1056	maintenance, improvements, repairs, and related expenses
1057	incurred with respect to properties being managed by the
1058	corporation. Except as provided in this section, moneys received
1059	by the corporation for the management of the preserve shall not
1060	be subject to distribution by the state. Upon assuming
1061	management responsibilities for the preserve, the corporation
1062	shall optimize the generation of income based on existing
1063	marketing conditions to the extent that activities do not
1064	unreasonably diminish the long-term environmental, agricultural,
1065	scenic, and natural values of the preserve, or the multiple-use
1066	and sustained-yield capability of the land.
1067	(f)  All parties in contract with the corporation and all
1068	holders of leases from the corporation which are authorized to
1069	occupy, use, or develop properties under the management
1070	jurisdiction of the corporation must procure proper insurance as
1071	is reasonable or customary to insure against any loss in
1072	connection with the properties or with activities authorized in
1073	the leases or contracts.
1074	(11)  COMPREHENSIVE BUSINESS PLAN.--
1075	(a)  A comprehensive business plan for the management and
1076	operation of the preserve as a working ranch and amendments to
1077	the business plan may be developed only with input from the
1078	department and the commission, and may be implemented by Babcock
1079	Ranch, Inc., only upon expiration of the management agreement
1080	attached as Exhibit "E" to that certain agreement for sale and
1081	purchase approved by the Board of Trustees of the Internal
1082	Improvement Trust Fund on November 22, 2005, and by Lee County
1083	on November 20, 2005.
1084	(b)  Any final decision of Babcock Ranch, Inc., to adopt or
1085	amend the comprehensive business plan or to approve any activity
1086	related to the management of the renewable surface resources of
1087	the preserve shall be made in sessions that are open to the
1088	public. The board of directors shall establish procedures for
1089	providing adequate public information and opportunities for
1090	public comment on the proposed comprehensive business plan for
1091	the preserve or for amendments to the comprehensive business
1092	plan adopted by the members.
1093	(c)  Not less than 2 years prior to the corporation's
1094	assuming management and operation responsibilities for the
1095	preserve, the corporation, with input from the commission and
1096	the department, must begin developing the comprehensive business
1097	plan to carry out the purposes of this section. To the extent
1098	consistent with these purposes, the comprehensive business plan
1099	shall provide for:
1100	1.  The management and operation of the preserve as a
1101	working ranch;
1102	2.  The protection and preservation of the environmental,
1103	agricultural, scientific, scenic, geologic, watershed, fish,
1104	wildlife, historic, cultural, and recreational values of the
1105	preserve;
1106	3.  The promotion of high-quality hunting experiences for
1107	the public, with emphasis on deer, turkey, and other game
1108	species;
1109	4.  Multiple use and sustained yield of renewable surface
1110	resources within the preserve;
1111	5.  Public use of and access to the preserve for
1112	recreation; and
1113	6.  The use of renewable resources and management
1114	alternatives that, to the extent practicable, benefit local
1115	communities and small businesses and enhance the coordination of
1116	management objectives with those on surrounding public or
1117	private lands. The use of renewable resources and management
1118	alternatives should provide cost savings to the corporation
1119	through the exchange of services, including, but not limited to,
1120	labor and maintenance of facilities, for resources or services
1121	provided to the corporation.
1122	(d)  On or before the date on which title to the portion of
1123	the Babcock Crescent B Ranch being purchased by the state as
1124	provided in s. 259.1052 is vested in the Board of Trustees of
1125	the Internal Improvement Trust Fund, Babcock Ranch Management,
1126	LLC, a limited liability company incorporated in this state,
1127	shall provide the commission and the department with the
1128	management plan and business plan in place for the operation of
1129	the ranch as of November 22, 2005, the date on which the board
1130	of trustees approved the purchase.
1131	(12)  MANAGEMENT OF PRESERVE; FEES.--
1132	(a)  The corporation shall assume all authority provided by
1133	this section to manage and operate the preserve as a working
1134	ranch upon a determination by the Board of Trustees of the
1135	Internal Improvement Trust Fund that the corporation is able to
1136	conduct business, and that provision has been made for essential
1137	services on the preserve, which, to the maximum extent
1138	practicable, shall be made no later than 60 days prior to the
1139	termination of the management agreement referenced in paragraph
1140	(11)(a).
1141	(b)  Upon assuming management and operation of the
1142	preserve, the corporation shall:
1143	1.  With input from the commission and the department,
1144	manage and operate the preserve and the uses thereof, including,
1145	but not limited to, the activities necessary to administer and
1146	operate the preserve as a working ranch; the activities
1147	necessary for the preservation and development of the land and
1148	renewable surface resources of the preserve; the activities
1149	necessary for interpretation of the history of the preserve on
1150	behalf of the public; the activities necessary for the
1151	management, public use, and occupancy of facilities and lands
1152	within the preserve; and the maintenance, rehabilitation,
1153	repair, and improvement of property within the preserve;
1154	2.  Develop programs and activities relating to the
1155	management of the preserve as a working ranch;
1156	3.  Negotiate directly with and enter into such agreements,
1157	leases, contracts, and other arrangements with any person, firm,
1158	association, organization, corporation, or governmental entity,
1159	including entities of federal, state, and local governments, as
1160	are necessary and appropriate to carry out the purposes and
1161	activities authorized by this section;
1162	4.  Establish procedures for entering into lease agreements
1163	and other agreements for the use and occupancy of the facilities
1164	of the preserve.  The procedures shall ensure reasonable
1165	competition and set guidelines for determining reasonable fees,
1166	terms, and conditions for such agreements; and
1167	5.  Assess reasonable fees for admission to, use of, and
1168	occupancy of the preserve to offset costs of operating the
1169	preserve as a working ranch. These fees are independent of fees
1170	assessed by the commission for the privilege of hunting,
1171	fishing, or pursuing outdoor recreational activities within the
1172	preserve, and shall be deposited into the operating fund
1173	established by the board of directors under the authority
1174	provided under this section.
1175	(13)  MISCELLANEOUS PROVISIONS.--
1176	(a)  Except for the powers of the commissioner provided in
1177	this section, and the powers of the commission provided in s. 9,
1178	Art. IV of the State Constitution, the preserve shall be managed
1179	by Babcock Ranch, Inc.
1180	(b)  Officers and employees of Babcock Ranch, Inc., are
1181	private employees. At the request of the board of directors, the
1182	commission and the department may provide state employees for
1183	the purpose of implementing this section.  Any state employees
1184	provided to assist the directors in implementing this section
1185	for more than 30 days shall be provided on a reimbursable basis.
1186	Reimbursement to the commission and the department shall be made
1187	from the corporation's operating fund provided under this
1188	section and not from any funds appropriated to the corporation
1189	by the Legislature.
1190	(14)  DISSOLUTION OF BABCOCK RANCH, INC.--
1191	(a)  The corporation may be dissolved only by an act of the
1192	Legislature.
1193	(b)  Upon dissolution of the corporation, the management
1194	responsibilities provided in this section shall revert to the
1195	commission and the department unless otherwise provided by the
1196	Legislature under the act dissolving Babcock Ranch, Inc.
1197	(c)  Upon dissolution of the corporation, any cash balances
1198	of funds shall revert to the General Revenue fund or such other
1199	state fund as may be provided under the act dissolving Babcock
1200	Ranch, Inc.
1201	Section 10.  For the 2006-2007 fiscal year, the sum of $310
1202	million in nonrecurring funds is appropriated from the Florida
1203	Forever Trust Fund in the Department of Environmental Protection
1204	for the purchase of the Babcock Crescent B Ranch as provided in
1205	s. 259.1052, Florida Statutes.
1206	Section 11.  For the 2006-2007 fiscal year, the sum of
1207	$50,000 is appropriated in nonrecurring funds from the
1208	Conservation and Recreation Lands Trust Fund in the Department
1209	of Environmental Protection for the operation and management of
1210	the Babcock Ranch Preserve, to be administered by Babcock Ranch,
1211	Inc., as provided under s. 259.1053, Florida Statutes.
1212	Section 12.  Except as otherwise expressly provided in this
1213	act, this act shall take effect upon becoming a law.

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