Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2070
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CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Dockery)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 253.002, Florida Statutes, is
19 amended to read:
20 (Substantial rewording of section. See
21 s. 253.002, F.S., for present text.)
22 253.002 Department of Environmental Protection, water
23 management districts, and Department of Agriculture and
24 Consumer Services; duties with respect to state lands.--
25 (1) As used in this section, the term:
26 (a) "Board" means the Board of Trustees of the
27 Internal Improvement Trust Fund.
28 (b) "Department" means the Department of Environmental
29 Protection.
30 (c) "District" means a water management district
31 created in s. 373.069.
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1 (2)(a) The Department of Environmental Protection
2 shall perform all staff duties and functions related to the
3 acquisition, administration, and disposition of all state
4 lands, the title to which is or will be vested in the Board of
5 Trustees of the Internal Improvement Trust Fund. Staff duties
6 and functions include the collection, compilation,
7 distribution, and mapping of data that documents all
8 state-owned lands and identifies conservation and
9 nonconservation lands, as those lands are defined in this
10 chapter. All lands titled in the name of the board or any
11 state agency shall be inventoried and mapped. Subject to
12 legislative appropriation, the department may contract with
13 the Florida Natural Areas Inventory at Florida State
14 University as necessary to implement the provisions of this
15 paragraph.
16 (b) Unless expressly prohibited by law, the board may
17 delegate to the department any statutory duty or obligation
18 relating to the acquisition, administration, or disposition of
19 lands, the title to which is or will be vested in the board.
20 However, the ability to use, transfer, withdraw, or sell water
21 on or under lands, the title to which shall be vested in the
22 board or any state agency, may not be negotiated by the board
23 or department as a condition of acquiring the property.
24 (3) A water management district shall perform all
25 staff duties and functions related to the review of
26 applications to use submerged lands owned by the board of
27 trustees for an activity regulated under part IV of chapter
28 373 and for which the district has permitting authority as
29 provided in an operating agreement adopted under s.
30 373.046(4). The board may delegate the authority for a water
31 management district to take final agency action, without any
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1 action on behalf of the board, for the applications; however,
2 the responsibility of a district under this subsection is
3 subject to the department's general supervisory authority
4 established in s. 373.026(7).
5 (4)(a) The Department of Agriculture and Consumer
6 Services shall perform the staff duties and functions related
7 to the review of applications and compliance with conditions
8 for the use of submerged lands owned by the board of trustees
9 under authorizations or leases issued under ss. 253.67-253.75
10 and 597.010. The board may delegate to the Department of
11 Agriculture and Consumer Services the authority to take final
12 agency action on behalf of the board concerning applications
13 for the use of sovereignty submerged lands for activities for
14 which that department is responsible under ss. 253.67-253.75
15 and 597.010. Upon issuing an aquaculture lease or conducting
16 other real property transactions relating to aquaculture, the
17 Department of Agriculture and Consumer Services must send a
18 copy of the lease or real property document and the
19 accompanying survey to the department.
20 (b) The board shall retain the authority to take final
21 agency action on establishing any areas for leasing, new
22 leases, expanding existing lease areas, or changing the type
23 of activities authorized in existing leases.
24 (5) The board is not limited or prohibited from
25 amending any authority delegated under this section and shall
26 adopt by rule any delegation of authority to take final agency
27 action without action by the board on applications for the
28 uses of sovereignty submerged lands authorized in this
29 section. Final agency actions taken by the department, a
30 district, or the Department of Agriculture and Consumer
31 Services, without action by the board, for applications to use
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1 sovereignty submerged lands are subject to the provisions of
2 s. 373.4275.
3 (6) Notwithstanding any other provisions of this
4 section, the board, the department, and the Department of
5 Legal Affairs retain the concurrent authority to assert or
6 defend title to sovereignty submerged lands.
7 Section 2. Paragraph (a) of subsection (13) of section
8 253.025, Florida Statutes, is amended to read:
9 253.025 Acquisition of state lands for purposes other
10 than preservation, conservation, and recreation.--
11 (13)(a) The Board of Trustees of the Internal
12 Improvement Trust Fund may deed property to the Department of
13 Agriculture and Consumer Services, so that the department
14 shall be able to sell, convey, transfer, exchange, trade, or
15 purchase land on which a forestry facility resides for money
16 or other more suitable property on which to relocate the
17 facility. Any sale or purchase of property by the Department
18 of Agriculture and Consumer Services shall follow the
19 requirements of subsections (5)-(9). Any sale shall be at fair
20 market value, and any trade shall ensure that the state is
21 getting at least an equal value for the property. Except as
22 provided in subsections (5)-(9), the Department of Agriculture
23 and Consumer Services is excluded from following the
24 provisions of this chapter and chapters 259 and 375. This
25 exclusion shall not apply to lands acquired for conservation
26 purposes in accordance with s. 253.034(6)(d)1. and 2(a) or
27 (b).
28 Section 3. Paragraphs (a) and (b) of subsection (8) of
29 section 253.03, Florida Statutes, are amended to read:
30 253.03 Board of trustees to administer state lands;
31 lands enumerated.--
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1 (8)(a) The Board of Trustees of the Internal
2 Improvement Trust Fund shall prepare, using tax roll data
3 provided by the Department of Revenue, an annual inventory of
4 all publicly owned lands within the state. Such inventory must
5 shall include all lands owned by any unit of state government
6 or local government; by the Federal Government, to the
7 greatest extent possible; and by any other public entity. The
8 inventory also must include a summary of all surplus lands
9 sold by the state and all lands exchanged by the state and
10 must indicate whether the lands sold or exchanged were
11 acquired or managed for conservation purposes or were
12 nonconservation lands. The board shall submit a summary report
13 of the inventory and a list of major discrepancies between the
14 inventory and the tax roll data to the President of the Senate
15 and the Speaker of the House of Representatives on or before
16 March 1 of each year.
17 (b) In addition to any other parcel data available,
18 the inventory shall include a legal description or proper
19 reference thereto, the number of acres or square feet within
20 the boundaries, and the assessed value of all publicly owned
21 uplands. To the greatest extent practicable, the legal
22 description or proper reference thereto and the number of
23 acres or square feet shall be determined for all publicly
24 owned submerged lands. For the purposes of this subsection,
25 the term "submerged lands" means publicly owned lands below
26 the ordinary high-water mark of fresh waters and below the
27 mean high-water line of salt waters extending seaward to the
28 outer jurisdiction of the state. By October 31 of each year,
29 the Department of Revenue shall furnish, in machine-readable
30 form, annual, current tax roll data for public lands to the
31 board and to the Division of State Lands to be used in
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1 compiling the inventory required in this subsection and the
2 inventory required in s. 253.034(8).
3 Section 4. Section 253.034, Florida Statutes, is
4 amended to read:
5 253.034 State-owned lands; management; uses ;
6 disposal.--
7 (1)(a) All lands acquired to fulfill the purposes of
8 pursuant to chapter 259 shall be managed to serve the public
9 interest by protecting and conserving land, air, water, and
10 the state's natural resources, which contribute to the public
11 health, welfare, and economy of the state. These lands shall
12 be managed to provide for areas of natural-resource-based
13 natural resource based recreation, and to ensure the survival
14 of plant and animal species and the conservation of finite and
15 renewable natural resources. The state's lands and natural
16 resources shall be managed using a stewardship ethic that
17 assures these resources will be available for the benefit and
18 enjoyment of all people of the state, both present and future.
19 It is the intent of the Legislature that, where feasible and
20 consistent with the goals of protection and conservation of
21 natural resources associated with lands held in the public
22 trust by the Board of Trustees of the Internal Improvement
23 Trust Fund, public land not designated for single-use purposes
24 pursuant to paragraph (2)(b) be managed for multiple-use
25 purposes. All multiple-use land management strategies shall
26 address public access and enjoyment, resource conservation and
27 protection, ecosystem maintenance and protection, and
28 protection of threatened and endangered species, and the
29 degree to which public-private partnerships or endowments may
30 allow the entity with management responsibility to enhance its
31 ability to manage these lands. The council created in s.
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1 259.035 shall recommend rules to the board of trustees, and
2 the board shall adopt rules necessary to carry out the
3 purposes of this section.
4 (b) Where necessary and appropriate for all
5 state-owned lands located in projects that are larger than
6 1,000 acres and that are managed for multiple uses, buffers
7 may be formed around any areas requiring special protection or
8 having special management needs. The total acreage used to
9 form any such buffers may not exceed more than one-half of the
10 total acreage of the entire project. Multiple uses within a
11 buffer area may be restricted to provide the necessary
12 buffering effect desired. Multiple use in this context
13 includes uses of land or resources by more than one management
14 entity, including private-sector land managers. Lands
15 identified as multiple-use lands in a land management plan
16 shall be managed to enhance and conserve the lands and
17 resources for the enjoyment of the people of the state.
18 (c) All submerged lands shall be considered single-use
19 lands and shall be managed primarily for the maintenance of
20 essentially natural conditions, the propagation of fish and
21 wildlife, and public recreation, including hunting and fishing
22 where deemed appropriate by the managing entity.
23 (d) Lands acquired for uses other than conservation,
24 outdoor resource-based recreation, or archaeological or
25 historic preservation may not be designated conservation lands
26 except as otherwise authorized under this section. These lands
27 include, but are not limited to, correction and detention
28 facilities, military installations and facilities, state
29 office buildings, maintenance yards, state university or state
30 community college campuses, agricultural field stations or
31 offices, tower sites, law enforcement and license facilities,
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1 laboratories, hospitals, clinics, and other sites that possess
2 no significant natural or historical resources.
3 (e) Lands acquired by the state as a gift, through
4 donation, or by any other conveyance for which no
5 consideration was paid, and that are not managed for
6 conservation, outdoor resource-based recreation, or
7 archaeological or historic preservation under a land
8 management plan approved by the board of trustees are not
9 conservation lands.
10 (2) As used in this section, the term the following
11 phrases have the following meanings:
12 (a) "Multiple use" means the harmonious and
13 coordinated management of timber, recreation, conservation of
14 fish and wildlife, forage, archaeological and historic sites,
15 habitat and other biological resources, or water resources so
16 that they are utilized in the combination that will best serve
17 the people of the state, making the most judicious use of the
18 land for some or all of these resources and giving
19 consideration to the relative values of the various resources.
20 Where necessary and appropriate for all state-owned lands that
21 are larger than 1,000 acres in project size and are managed
22 for multiple uses, buffers may be formed around any areas that
23 require special protection or have special management needs.
24 Such buffers shall not exceed more than one-half of the total
25 acreage. Multiple uses within a buffer area may be restricted
26 to provide the necessary buffering effect desired. Multiple
27 use in this context includes both uses of land or resources by
28 more than one management entity, which may include private
29 sector land managers. In any case, lands identified as
30 multiple-use lands in the land management plan shall be
31 managed to enhance and conserve the lands and resources for
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1 the enjoyment of the people of the state.
2 (b) "Single use" means the management of land for one
3 particular purpose to the exclusion of all other purposes,
4 except that the managing using entity shall have the option of
5 including in its management program compatible secondary
6 purposes that which will not detract from or interfere with
7 the primary management purpose. The term includes Such single
8 uses may include, but is are not limited necessarily
9 restricted to, the use of agricultural lands for production of
10 food and livestock, the use of improved sites and grounds for
11 institutional purposes, and the use of lands for parks,
12 preserves, wildlife management, archaeological or historic
13 sites, or wilderness areas where the maintenance of
14 essentially natural conditions is important. All submerged
15 lands shall be considered single-use lands and shall be
16 managed primarily for the maintenance of essentially natural
17 conditions, the propagation of fish and wildlife, and public
18 recreation, including hunting and fishing where deemed
19 appropriate by the managing entity.
20 (c) "Conservation lands" means lands that are
21 currently managed for conservation, outdoor resource-based
22 recreation, or archaeological or historic preservation, except
23 those lands that were acquired solely to facilitate the
24 acquisition of other conservation lands. Lands acquired for
25 uses other than conservation, outdoor resource-based
26 recreation, or archaeological or historic preservation shall
27 not be designated conservation lands except as otherwise
28 authorized under this section. These lands shall include, but
29 not be limited to, the following: correction and detention
30 facilities, military installations and facilities, state
31 office buildings, maintenance yards, state university or state
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1 community college campuses, agricultural field stations or
2 offices, tower sites, law enforcement and license facilities,
3 laboratories, hospitals, clinics, and other sites that possess
4 no significant natural or historical resources. However, lands
5 acquired solely to facilitate the acquisition of other
6 conservation lands, and for which the land management plan has
7 not yet been completed or updated, may be evaluated by the
8 Board of Trustees of the Internal Improvement Trust Fund on a
9 case-by-case basis to determine if they will be designated
10 conservation lands.
11 (d) "Council" means the Acquisition and Restoration
12 Council created in s. 259.035.
13 (e) "Division" means the Division of State Lands
14 within the Department of Environmental Protection.
15
16 Lands acquired by the state as a gift, through donation, or by
17 any other conveyance for which no consideration was paid, and
18 which are not managed for conservation, outdoor resource-based
19 recreation, or archaeological or historic preservation under a
20 land management plan approved by the board of trustees are not
21 conservation lands.
22 (3) In recognition that recreational trails purchased
23 with rails-to-trails funds of the greenways and trails program
24 pursuant to s. 259.101(3)(g) or s. 259.105(3)(h) have had
25 historic transportation uses and that their linear character
26 may extend many miles, transportation crossings shall be
27 allowed on recreational trails purchased pursuant to s.
28 259.101(3)(g) or s. 259.105(3)(h). Where these crossings are
29 determined to be necessary, the location and design must
30 balance the need to protect trails users from collisions with
31 automobiles and, to the greatest extent possible, the use of
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1 overpasses and underpasses should be considered in order to
2 mitigate the effects on humans and environmental resources.
3 The value of the land shall be paid and based on fair market
4 value the Legislature intends that when the necessity arises
5 to serve public needs, after balancing the need to protect
6 trail users from collisions with automobiles and a preference
7 for the use of overpasses and underpasses to the greatest
8 extent feasible and practical, transportation uses shall be
9 allowed to cross recreational trails purchased pursuant to s.
10 259.101(3)(g) or s. 259.105(3)(h). When these crossings are
11 needed, the location and design should consider and mitigate
12 the impact on humans and environmental resources, and the
13 value of the land shall be paid based on fair market value.
14 (4)(a) No management agreement, lease, or other
15 instrument authorizing the use of lands owned by the Board of
16 Trustees of the Internal Improvement Trust Fund shall be
17 executed for a period greater than is necessary to provide for
18 the reasonable use of the land for the existing or planned
19 life cycle or amortization of the improvements, except that an
20 easement in perpetuity may be granted by the Board of Trustees
21 of the Internal Improvement Trust Fund if the improvement is a
22 transportation facility.
23 (b) All management agreements, leases, or other
24 instruments authorizing the use of lands, the title to which
25 is vested in the board, shall be reviewed for approval by the
26 board or its designee.
27 (c) An entity managing or leasing state-owned lands
28 from the board, other than conservation lands, may not
29 sublease such lands without prior review by the division. and,
30 for conservation lands, by The Acquisition and Restoration
31 Council created in s. 259.035 must review all requests to
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1 sublease state-owned conservation lands, except for subleases
2 of conservation lands less than 160 acres in size which may be
3 reviewed by the division. All management agreements, leases,
4 or other instruments authorizing the use of lands owned by the
5 board shall be reviewed for approval by the board or its
6 designee. The council is not required to review subleases of
7 parcels which are less than 160 acres in size.
8 (5)(a) Each lead manager of conservation lands shall
9 submit to the Division of State Lands a land management plan
10 at least every 10 years in a form and manner prescribed by
11 rule by the board and in accordance with the provisions of s.
12 259.032. Each lead manager of conservation lands shall also
13 update a land management plan whenever the manager proposes to
14 add new facilities or make substantive land use or management
15 changes that were not addressed in the approved plan, or
16 within 1 year after of the addition of significant new lands.
17 If a newly acquired property has a valid conservation plan
18 developed by a soil and conservation district, the
19 conservation plan shall be used to guide management of the
20 property until a formal land management plan is adopted.
21 (b) Each manager of nonconservation lands shall submit
22 to the Division of State Lands a land use plan at least every
23 10 years in a form and manner prescribed by rule by the board.
24 The division shall review each plan for compliance with the
25 requirements of this section subsection and the requirements
26 of the rules established by the board pursuant to this
27 paragraph section.
28 (c) All land use plans, whether for single-use or
29 multiple-use properties, shall include an analysis of the
30 property to determine if any significant natural or cultural
31 resources are located on the property. Such resources include
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1 archaeological and historic sites, state and federally listed
2 plant and animal species, and imperiled natural communities
3 and unique natural features. If such resources occur on the
4 property, the lead manager shall consult with the Division of
5 State Lands and other appropriate agencies to develop
6 management strategies to protect such resources. Land use
7 plans shall also provide for the control of invasive nonnative
8 plants and conservation of soil and water resources, including
9 a description of how the lead manager plans to control and
10 prevent soil erosion and soil or water contamination. Land use
11 plans submitted by a lead manager shall include reference to
12 appropriate statutory authority for such use or uses and shall
13 conform to the appropriate policies and guidelines of the
14 state land management plan.
15 (d) Plans for managed areas larger than 1,000 acres
16 must shall contain an analysis of the multiple-use potential
17 of the property, including an analysis of which analysis shall
18 include the potential of the property to generate revenues to
19 enhance the management of the property. Additionally, the plan
20 must shall contain an analysis of the potential use of private
21 land managers to facilitate the restoration or management of
22 these lands. In those cases where a newly acquired property
23 has a valid conservation plan that was developed by a soil and
24 conservation district, such plan shall be used to guide
25 management of the property until a formal land use plan is
26 completed.
27 (e)(a) The Division of State Lands shall make
28 available to the public a copy of each land management plan
29 for property parcels that exceeds exceed 160 acres in size.
30 (f) The Acquisition and Restoration Council shall
31 review each plan for the management of conservation lands for
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1 compliance with the requirements of this section subsection,
2 the requirements of chapter 259, and the requirements of the
3 rules established by the board pursuant to this section. The
4 council shall also consider the propriety of the
5 recommendations of the managing entity with regard to the
6 future use of the property, the protection of fragile or
7 nonrenewable resources, the potential for alternative or
8 multiple uses not recognized by the managing entity, and the
9 possibility of disposal of the property or portions of the
10 property by the board. After its review, the council shall
11 submit the plan, along with its recommendations and comments,
12 to the board. The council shall specifically recommend whether
13 to the board should whether to approve the plan as submitted,
14 approve the plan with modifications, or reject the plan.
15 (g)(b) The Board of Trustees of the Internal
16 Improvement Trust Fund shall consider the land management plan
17 submitted by each entity and the recommendations of the
18 council and the Division of State Lands for conservation
19 lands, and the recommendations of the division for
20 nonconservation lands, and shall approve the plan with or
21 without modification or reject such plan. The use or
22 possession of any state-owned such lands that is not in
23 accordance with an approved land management plan is subject to
24 termination by the board.
25 (6) The Board of Trustees of the Internal Improvement
26 Trust Fund shall determine which lands, the title to which is
27 vested in the board, are eligible for sale or exchange. Any
28 lands that are determined to be eligible for sale shall be
29 designated by the board as surplus lands. Any lands that are
30 determined to be eligible for exchange shall be exchanged for
31 lands of equal or higher monetary value or, in the case of
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1 conservation lands, a net positive conservation benefit and
2 may not be designated as surplus lands.
3 (a) For the sale of conservation lands as defined in
4 this section, the board shall determine that the lands are no
5 longer needed for the conservation purposes for which they
6 were acquired. Lands designated by the board as no longer
7 being needed for conservation purposes shall be reclassified
8 as nonconservation lands and shall be declared to be surplus
9 lands that may be sold by an affirmative vote of three members
10 of the board.
11 (b) For the sale of all other lands, the board shall
12 make a determination that the lands are no longer needed for
13 the purposes for which they were being used and are surplus
14 lands that may be sold by an affirmative vote of three members
15 of the board.
16 (c) In all instances where lands are being exchanged
17 instead of sold, the board must determine by an affirmative
18 vote of three members that the lands are no longer needed for
19 the purposes for which they are being used or were acquired.
20 In cases where conservation lands are exchanged, the exchange
21 must result in a net positive conservation benefit may be
22 surplused. For conservation lands, the board shall make a
23 determination that the lands are no longer needed for
24 conservation purposes and may dispose of them by an
25 affirmative vote of at least three members. In the case of a
26 land exchange involving the disposition of conservation lands,
27 the board must determine by an affirmative vote of at least
28 three members that the exchange will result in a net positive
29 conservation benefit. For all other lands, the board shall
30 make a determination that the lands are no longer needed and
31 may dispose of them by an affirmative vote of at least three
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1 members.
2 (d)1.(a) For the purposes of this subsection, all
3 lands acquired by the state prior to July 1, 1999, the title
4 to which is vested in the board, that were acquired using
5 proceeds from the Preservation 2000 bonds, the Conservation
6 and Recreation Lands Trust Fund, the Water Management Lands
7 Trust Fund, Environmentally Endangered Lands Program, and the
8 Save Our Coast Program and titled to the board, which lands
9 are identified as core parcels or within original project
10 boundaries, shall be deemed to have been acquired for
11 conservation purposes.
12 2.(b) For any lands acquired purchased by the state on
13 or after July 1, 1999, the title to which is vested in the
14 board, the board shall determine which lands are acquired for
15 conservation purposes prior to approving the acquisition a
16 determination shall be made by the board prior to acquisition
17 as to those parcels that shall be designated as having been
18 acquired for conservation purposes.
19 3. No lands acquired for use by the Department of
20 Corrections, the Department of Management Services for use as
21 state offices, the Department of Transportation, except those
22 specifically managed for conservation or recreation purposes,
23 or the State University System or the Florida Community
24 College System shall be designated as having been purchased
25 for conservation purposes.
26 (e)(c) At least every 10 years, as a component of each
27 land management plan or land use plan and in a form and manner
28 prescribed by rule by the board, each lead manager shall
29 evaluate and indicate to the board those lands that are not
30 being used for the purpose for which they were originally
31 leased.
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1 1. For conservation lands, the council shall review
2 and shall recommend to the board whether such lands should
3 remain be retained in public ownership or be sold or exchanged
4 disposed of by the board.
5 2. For nonconservation lands, the division shall
6 review such lands and shall recommend to the board whether
7 such lands should remain be retained in public ownership or be
8 sold or exchanged disposed of by the board. Such lands are
9 presumed to be surplus lands to be sold or exchanged by the
10 board, pursuant to the provisions of subparagraph (f)2.
11 (f)1.(d) Conservation lands owned by the board which
12 are not actively managed by any state agency or for which a
13 land management plan has not been completed pursuant to
14 subsection (5) shall be reviewed by the council or its
15 successor for its recommendation as to whether such lands
16 should be sold or exchanged disposed of by the board.
17 2. Nonconservation lands titled in the name of the
18 board that are not actively managed by any state agency or for
19 which a land use plan has not been completed pursuant to
20 subsection (5) are presumed to be surplus lands to be sold or
21 exchanged by the board. The division shall recommend each of
22 these lands for sale or exchange by the board, unless the
23 division justifies to the board, in writing, the decision not
24 to make such a recommendation or unless an agency amends its
25 land use plan to include the land.
26 (g)1.(e) Prior to any decision by the board to sell or
27 exchange conservation surplus lands, the Acquisition and
28 Restoration Council shall review and make recommendations to
29 the board concerning the request for sale or exchange
30 surplusing . The council shall determine whether the request
31 for surplusing is compatible with the resource values of and
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1 management objectives for such lands.
2 2. Prior to any decision by the board to sell or
3 exchange nonconservation lands, the division shall determine
4 whether the request is compatible with the management
5 objectives for such lands.
6 (h)1. In reviewing conservation lands, the title to
7 which is vested in the board, the council must consider
8 whether the lands are more appropriately owned or managed by
9 the county or other unit of local government in which the
10 lands are located. The council must recommend to the board
11 whether the sale or exchange of the lands is in the best
12 interest of the state and the county or other unit of local
13 government for use as a public school, public library, fire or
14 law enforcement substation, or government, judicial, or
15 recreation center; as part of an affordable housing project or
16 program; or to comply with the capital improvement elements or
17 a concurrency requirement of a local comprehensive land use
18 plan as required in s. 163.3177. The lands shall be offered to
19 the county or unit of local government for a period of 30
20 days.
21 2. In reviewing nonconservation lands, the title to
22 which is vested in the board, the division must consider
23 whether the lands are more appropriately owned or managed by
24 the county or other unit of local government in which the
25 lands are located, and shall recommend to the board whether
26 the sale or exchange of the lands is in the best interest of
27 the state and the county or other unit of local government.
28 The lands shall be offered to the county or unit of local
29 government for a period of 30 days. Local government uses of
30 lands conveyed under the provisions of this subparagraph may
31 not be limited by the board.
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1 3. If a county or other unit of local government does
2 not elect to acquire lands under the provisions of this
3 paragraph, the board may determine that the sale, lease,
4 exchange, or conveyance of the lands to other governmental
5 agencies is in the public interest and represents the best use
6 of the lands.
7 4. Lands for which a county, other unit of local
8 government, or other governmental agency has expressed no
9 interest shall be available for sale or exchange on the
10 private market.
11 (f)1. In reviewing lands owned by the board, the
12 council shall consider whether such lands would be more
13 appropriately owned or managed by the county or other unit of
14 local government in which the land is located. The council
15 shall recommend to the board whether a sale, lease, or other
16 conveyance to a local government would be in the best
17 interests of the state and local government. The provisions of
18 this paragraph in no way limit the provisions of ss. 253.111
19 and 253.115. Such lands shall be offered to the state, county,
20 or local government for a period of 30 days. Permittable uses
21 for such surplus lands may include public schools; public
22 libraries; fire or law enforcement substations; and
23 governmental, judicial, or recreational centers. County or
24 local government requests for surplus lands shall be expedited
25 throughout the surplusing process. If the county or local
26 government does not elect to purchase such lands in accordance
27 with s. 253.111, then any surplusing determination involving
28 other governmental agencies shall be made upon the board
29 deciding the best public use of the lands. Surplus properties
30 in which governmental agencies have expressed no interest
31 shall then be available for sale on the private market.
19
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1 2. Notwithstanding subparagraph 1., any surplus lands
2 that were acquired by the state prior to 1958 by a gift or
3 other conveyance for no consideration from a municipality, and
4 which the department has filed by July 1, 2006, a notice of
5 its intent to surplus, shall be first offered for reconveyance
6 to such municipality at no cost, but for the fair market value
7 of any building or other improvements to the land, unless
8 otherwise provided in a deed restriction of record. This
9 subparagraph expires July 1, 2006.
10 (i)(g) The sales sale price of surplus lands
11 determined to be surplus pursuant to this subsection shall be
12 determined by the division and shall take into consideration
13 an appraisal of the property, or, when the estimated value of
14 the land is less than $100,000, a comparable sales analysis or
15 a broker's opinion of value, and the price paid by the state
16 to originally acquire the lands.
17 1.a. A written valuation of land being sold or
18 exchanged determined to be surplus pursuant to this
19 subsection, and related documents used to form the valuation
20 or which pertain to the valuation, are confidential and exempt
21 from s. 119.07(1) and s. 24(a), Art. I of the State
22 Constitution until 2 weeks before the contract or agreement
23 regarding the sale or exchange purchase, exchange, or disposal
24 of the surplus land is first considered for approval by the
25 board. Notwithstanding the exemption provided under this
26 subparagraph, the division may disclose appraisals,
27 valuations, or valuation information regarding surplus land
28 during negotiations for the sale or exchange of the land,
29 during the marketing effort or bidding process associated with
30 the sale, disposal, or exchange of the land to facilitate
31 closure of such effort or process, when the passage of time
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1 has made the conclusions of value invalid, or when
2 negotiations or marketing efforts concerning the land are
3 concluded.
4 2.b. This subparagraph is subject to the Open
5 Government Sunset Review Act of 1995 in accordance with s.
6 119.15, and shall stand repealed on October 2, 2009, unless
7 reviewed and saved from repeal through reenactment by the
8 Legislature.
9 3.2. A unit of government that acquires title to lands
10 hereunder for less than appraised value may not sell or
11 transfer title to all or any portion of the lands to any
12 private owner for a period of 10 years. Any unit of government
13 seeking to transfer or sell lands pursuant to this paragraph
14 shall first allow the board of trustees to reacquire such
15 lands for the price at which the board sold such lands.
16 (j)(h) Where land designated by the board to be
17 surplus land was a unit of government acquired land by gift,
18 donation, grant, quitclaim deed, or other such conveyance
19 where no monetary consideration was exchanged, the purchase
20 price of the land sold as surplus may be based on one
21 appraisal. If In the event that a single appraisal yields a
22 value equal to or greater than $1 million, a second appraisal
23 is required. The individual or entity requesting the surplus
24 land shall select and use appraisers from the list of approved
25 appraisers maintained by the Division of State Lands in
26 accordance with s. 253.025(6)(b) and shall. The individual or
27 entity requesting the surplus is to incur all costs of the
28 appraisals.
29 (k)(i) After reviewing the recommendations of the
30 council, the board shall determine whether lands identified
31 for surplus are to be held for other public purposes or
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1 whether such lands are no longer needed. The board may require
2 an agency to release its interest in land designated by the
3 board to be surplus land such lands. For an agency that has
4 requested the use of land a property that was designated to be
5 declared as surplus, the said agency must have the land
6 property under lease within 6 months after of the date of
7 expiration of the notice provisions required under this
8 subsection and s. 253.111.
9 (l)1. Requests for the sale or exchange of state-owned
10 lands may be made by any public or private entity or person
11 and must be submitted in writing to the lead managing agency
12 for review. The lead managing agency shall have 90 days to
13 review the requests and make recommendations concerning the
14 sale or exchange to the council or its successor for the sale
15 or exchange of conservation lands or to the division for the
16 sale or exchange of lands other than conservation lands as
17 defined in this section.
18 2. A request for the sale or exchange of lands that
19 has not been reviewed by the lead managing agency within 90
20 days shall be forwarded by the agency to the division for
21 lands other than conservation lands or to the council or its
22 successor for conservation lands. A request for the sale or
23 exchange of lands other than conservation lands shall be
24 scheduled immediately for review by the division, but must be
25 reviewed not later than 15 days after receipt of the request
26 by the division. A request for the sale or exchange of
27 conservation lands shall be immediately scheduled for hearing
28 at the next regular meeting of the council or its successor.
29 3. If the lead managing agency, the council or its
30 successor, or the division recommends that the board deny a
31 request for the sale or exchange of lands, the denial must be
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1 in writing and include the reason for the denial.
2 4. Records documenting all requests for the sale or
3 exchange of lands, the title to which is vested in the board,
4 and approvals or denials of those requests shall be kept by
5 the Division of State Lands. Denial of a request for the sale
6 or exchange of state-owned lands must be submitted to the
7 requesting entity in writing and must specifically provide the
8 reason for denial. Copies of requests for the sale or exchange
9 of lands shall be forwarded to the division unless the lead
10 managing agency forwards the original written request to the
11 division when submitting a recommendation concerning the sale
12 or exchange of lands.
13 5. Lands approved for sale under the provisions of
14 this paragraph are not required to be offered to local or
15 state governments as provided in paragraph (h), but are
16 subject to the provisions of s. 253.111.
17 (j) Requests for surplusing may be made by any public
18 or private entity or person. All requests shall be submitted
19 to the lead managing agency for review and recommendation to
20 the council or its successor. Lead managing agencies shall
21 have 90 days to review such requests and make recommendations.
22 Any surplusing requests that have not been acted upon within
23 the 90-day time period shall be immediately scheduled for
24 hearing at the next regularly scheduled meeting of the council
25 or its successor. Requests for surplusing pursuant to this
26 paragraph shall not be required to be offered to local or
27 state governments as provided in paragraph (f).
28 (m)(k) Proceeds from any sale of surplus lands
29 pursuant to this subsection shall be deposited into the fund
30 from which such lands were acquired. However, if the fund from
31 which the lands were originally acquired no longer exists,
23
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1 such proceeds shall be deposited into an appropriate account
2 to be used for land management by the lead managing agency
3 assigned to manage the lands prior to the lands being
4 designated as declared surplus lands. Funds received from the
5 sale of surplus nonconservation lands, or lands that were
6 acquired by gift, by donation, or for no consideration, shall
7 be deposited into the Internal Improvement Trust Fund.
8 (n)(l) Notwithstanding the provisions of this
9 subsection, no such disposition of land shall be made if such
10 disposition would have the effect of causing all or any
11 portion of the interest on any revenue bonds issued to acquire
12 lands to lose the exclusion from gross income for federal
13 income tax purposes.
14 (o)(m) The sale of filled, formerly submerged land
15 that does not exceed 5 acres in area is not subject to review
16 by the division council or its successor.
17 (p)(n) The board may adopt rules to implement the
18 provisions of this section, which may include procedures for
19 administering surplus land requests for the sale or exchange
20 of lands and criteria for when the division may approve
21 requests on behalf of the board for the sale or exchange of
22 nonconservation lands to surplus nonconservation lands on
23 behalf of the board.
24 (7) This section shall not be construed so as to
25 affect:
26 (a) Other provisions of this chapter relating to oil,
27 gas, or mineral resources.
28 (b) The exclusive use of state-owned land , the title
29 to which is vested in the board, that is subject to a lease by
30 the Board of Trustees of the Internal Improvement Trust Fund
31 of the state-owned land for private uses and purposes.
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1 (c) Sovereignty lands not leased for private uses and
2 purposes.
3 (8)(a) Notwithstanding other provisions of this
4 section, the Division of State Lands is directed to prepare a
5 state inventory of all federal lands and all lands titled in
6 the name of the state, a state agency, a water management
7 district, or a local government on a county-by-county basis.
8 To facilitate the development of the state inventory, each
9 county shall direct the appropriate county office with
10 authority over the information to provide the division with a
11 county inventory of all lands identified as federal lands and
12 lands titled in the name of the state, a state agency, a water
13 management district, or a local government. At the request of
14 the division, any state agency collecting information from the
15 counties that will assist the division in completing the state
16 inventory shall provide the information to the division. The
17 state inventory shall be completed by October 1, 2006.
18 (b) The state inventory must distinguish between lands
19 purchased by the state or a water management district as part
20 of a core parcel or within original project boundaries, as
21 those terms are used to meet the surplus requirements of
22 subsection (6) for the sale or exchange of lands, and lands
23 purchased by the state, a state agency, or a water management
24 district which are not essential or necessary for conservation
25 purposes.
26 (c) In any county having a population of 75,000 or
27 less, or a county having a population of 100,000 or less that
28 is contiguous to a county having a population of 75,000 or
29 less, in which more than 50 percent of the lands within the
30 county boundary are federal lands and lands titled in the name
31 of the state, a state agency, a water management district, or
25
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1 a local government, those lands titled in the name of the
2 state or a state agency which are not essential or necessary
3 to meet conservation purposes may, upon request of a public or
4 private entity, be made available for purchase through the
5 state's surplusing process created in subsection (6).
6 Rights-of-way for existing, proposed, or anticipated
7 transportation facilities are exempt from the requirements of
8 this paragraph. Priority consideration shall be given to
9 buyers, public or private, willing to return the property to
10 productive use so long as the property can be reentered onto
11 the county ad valorem tax roll. Property acquired with
12 matching funds from a local government shall not be made
13 available for purchase without the consent of the local
14 government.
15 (9) Land management plans required to be submitted by
16 the Department of Corrections, the Department of Juvenile
17 Justice, the Department of Children and Family Services, or
18 the Department of Education are not subject to the provisions
19 for review by the division or the council or its successor
20 described in subsection (5). Management plans filed by these
21 agencies shall be made available to the public for a period of
22 90 days at the administrative offices of the parcel or project
23 affected by the management plan and at the Tallahassee offices
24 of each agency. Any plans not objected to during the public
25 comment period shall be deemed approved. Any plans for which
26 an objection is filed shall be submitted to the Board of
27 Trustees of the Internal Improvement Trust Fund for
28 consideration. The Board of Trustees of the Internal
29 Improvement Trust Fund shall approve the plan with or without
30 modification, or reject the plan. The use or possession of any
31 such lands which is not in accordance with an approved land
26
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1 management plan is subject to termination by the board.
2 (10) In addition to the uses for which conservation
3 lands are being managed pursuant to subsection (1) and chapter
4 259, the following additional uses of conservation lands
5 acquired pursuant to the Florida Forever program and other
6 state-funded conservation land acquisition purchase programs
7 shall be authorized, upon a finding by the board of trustees,
8 if they meet the criteria specified in paragraphs (a)-(e):
9 water resource development projects, water supply development
10 projects, stormwater management projects, linear facilities,
11 and sustainable agriculture and forestry. Such additional uses
12 are authorized where:
13 (a) The proposed use is not inconsistent with the
14 management plan for such lands.;
15 (b) The proposed use is compatible with the natural
16 ecosystem and resource values of such lands.;
17 (c) The proposed use is appropriately located on such
18 lands and where due consideration has been is given to the use
19 of other available lands.;
20 (d) The using entity reasonably compensates the board
21 of trustees titleholder for such use based upon an appropriate
22 measure of value.; and
23 (e) The use is consistent with the public interest.
24
25 A decision by the board of trustees pursuant to this section
26 shall be given a presumption of correctness. Moneys received
27 from the use of state lands pursuant to this section shall be
28 returned to the lead managing entity in accordance with the
29 provisions of s. 259.032(11)(d).
30 (11) Lands listed as projects for acquisition shall
31 may be managed to maintain or enhance those resources the
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1 state is seeking to protect by acquiring the land for
2 conservation pursuant to s. 259.032, on an interim basis by a
3 private party in anticipation of a state purchase and in
4 accordance with a contractual arrangement between the
5 acquiring agency and the private party, which that may include
6 management service contracts, leases, cost-share arrangements,
7 or resource conservation agreements. Lands designated as
8 eligible under this subsection shall be managed to maintain or
9 enhance the resources the state is seeking to protect by
10 acquiring the land. Funding for these contractual arrangements
11 may originate from the documentary stamp tax revenue deposited
12 into the Conservation and Recreation Lands Trust Fund and
13 Water Management Lands Trust Fund. No more than 5 percent of
14 funds allocated under the trust funds shall be expended for
15 this purpose.
16 (12) Any lands available to governmental employees,
17 including water management district employees, for hunting or
18 other recreational purposes shall also be made available to
19 the general public for such purposes, subject to the
20 constitutional authority of the Fish and Wildlife Conservation
21 Commission to regulate hunting and fishing on state and water
22 management district lands.
23 (13) Notwithstanding the provisions of this section,
24 funds from the sale of property by the Department of Highway
25 Safety and Motor Vehicles located in Palm Beach County are
26 authorized to be deposited into the Highway Safety Operating
27 Trust Fund to facilitate the exchange as provided in the
28 General Appropriations Act, provided that at the conclusion of
29 both exchanges the values are equalized. This subsection
30 expires July 1, 2006.
31 Section 5. Section 253.0341, Florida Statutes, is
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1 amended to read:
2 253.0341 Sale or exchange Surplus of state-owned lands
3 to counties or units of local government
4 governments.--Counties and units of local government
5 governments may submit written surplusing requests for the
6 sale or exchange of state-owned lands directly to the board of
7 trustees. A written request from a county or unit of local
8 government requests for the state to sell or exchange state
9 lands surplus conservation or nonconservation lands, whether
10 for purchase or exchange, shall be expedited throughout the
11 surplusing process. Property jointly acquired by the state and
12 other entities may shall not be sold or exchanged surplused
13 without the consent of all joint owners.
14 (1) The decision to sell or exchange state surplus
15 state-owned nonconservation lands may be made by the board
16 without a review of, or a recommendation on, the request from
17 the Acquisition and Restoration Council or the Division of
18 State Lands. Such Requests for the nonconservation lands shall
19 be considered by the board within 60 days after of the board's
20 receipt of the written request.
21 (2) A written request by a county or unit of local
22 government requests for the sale or exchange of state
23 surplusing of state-owned conservation lands is are subject to
24 review of, and recommendation on, the request to the board by
25 the Acquisition and Restoration Council. Requests to sell or
26 exchange surplus conservation lands shall be considered by the
27 board within 120 days after of the board's receipt of the
28 request.
29 (3) The provisions of this section do not apply to
30 property offered for sale or exchange by the state to a county
31 or unit of local government under s. 253.034(6).
29
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1 Section 6. Section 253.111, Florida Statutes, is
2 amended to read:
3 (Substantial rewording of section. See
4 s. 253.111, F.S., for present text.)
5 253.111 Notice to board of county commissioners before
6 sale.--
7 (1) The Board of Trustees of the Internal Improvement
8 Trust Fund may not sell any lands to which they hold title and
9 for which an application for sale has been received by the
10 board unless and until an opportunity to purchase such land is
11 offered to the county in which such land is located. If the
12 board receives an application for the sale of lands, the board
13 shall notify the board of county commissioners of the county
14 in which such lands are located, prior to considering any
15 private offers, that such lands are available for sale.
16 (2) Notification to counties of the availability of
17 state lands for which an application for sale has been
18 received by the board shall be given by registered mail,
19 return receipt requested, to the board of county commissioners
20 of the county in which the lands are located.
21 (3) Within 40 days after receipt of notification from
22 the board of trustees, the board of county commissioners of
23 the county in which the lands are located shall determine by
24 resolution whether or not to purchase such lands. Any
25 resolution approving the purchase of such lands shall be
26 certified and forwarded to the Board of Trustees of the
27 Internal Improvement Trust Fund.
28 (4) Within 30 days after receipt of a certified
29 resolution establishing the county's intent to purchase lands
30 sold pursuant to this section, the board shall convey such
31 land to the county at a price that is equal to the price paid
30
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1 by the state at the time the land was purchased or, for lands
2 donated or given to the state, the appraised market value
3 established by generally accepted professional standards for
4 real estate appraisals.
5 (5) Notwithstanding the provisions of this section,
6 riparian owners with respect to lands being sold by the board
7 have a right to purchase such lands at a price and upon
8 conditions and terms established by the board. Riparian owners
9 may waive this prior right and, if such rights are waived,
10 this section applies to the sale of such lands.
11 (6) This section does not apply to:
12 (a) The exchange of lands as approved by the board
13 pursuant to s. 253.034;
14 (b) The conveyance of lands located within the
15 Everglades Agricultural Area as defined in s. 373.4592; or
16 (c) Lands managed pursuant to ss. 253.781-253.785.
17 (7) This section does not restrict any right otherwise
18 granted to the board by this chapter to convey land to which
19 they hold title to the state or any department, office,
20 authority, board, bureau, commission, institution, court,
21 tribunal, agency, or other instrumentality of or under the
22 state. As used in this section, the term "lands" means all
23 lands, the title to which is vested in the board.
24 Section 7. Section 253.115, Florida Statutes, is
25 amended to read:
26 253.115 Leases; grants of easement; sale of state
27 lands; public notice and hearings.--
28 (1) After receiving an application in compliance with
29 such forms as may be required by this chapter requesting the
30 board to sell, exchange, or lease state lands, or grant an
31 easement on, over, under, above, or across any land to which
31
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1 it holds title, the board must provide notice of the
2 application for the sale, lease, exchange, or grant of
3 easement. Notice shall be sent to the applicant, to persons
4 who have requested to be on a mailing list, and to each owner
5 of land lying within 500 feet of the land that is the subject
6 of the request, addressed to such owner as the owner's name
7 appears on the latest county tax assessment roll. The notice
8 shall include the name and address of the applicant; a brief
9 description of the proposed activity and any mitigation; the
10 location of the proposed activity, including whether it is
11 located within an Outstanding Florida Water or aquatic
12 preserve; a map identifying the location of the proposed
13 activity subject to the application; a diagram of the limits
14 of the proposed activity; and a name or number identifying the
15 application and the office where the application can be
16 inspected, and any other information required by rule. A copy
17 of this notice shall be sent to those persons who have
18 requested to be on a mailing list and to each owner of land
19 lying within 500 feet of the land proposed to be leased, sold,
20 exchanged, or subject to an easement, addressed to such owner
21 as the owner's name and address appears on the latest county
22 tax assessment roll.
23 (2) The board of trustees or, the department, or a
24 water management district, as is appropriate, shall consider
25 comments and objections received in response to the public
26 notice required by this section in reaching its decision to
27 approve or deny use of state board of trustees-owned lands for
28 a proposed activity. If In the event that substantive
29 objections are raised, the department or water management
30 district may hold an informal public hearing in the county in
31 which the proposed activity lies. If the board of trustees or,
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1 the department, or a water management district, as is
2 appropriate, determines that the sale, lease, exchange, or
3 granting of an easement is not contrary to the public
4 interest, or is in the public interest when required by law,
5 it may approve the proposed activity. The sale of sovereignty
6 submerged lands shall require a determination that the
7 proposed sale is in the public interest.
8 (3) The board may also publish, or require an
9 applicant to publish, in a newspaper of general circulation
10 within the affected area, a notice of receipt of the
11 application and a notice of intended agency action. The board
12 shall also provide notice of intended agency action to the
13 applicant and to those who have requested a copy of the
14 intended agency action for that application.
15 (4) Failure to provide the notice as set out in
16 subsections (1) and (3) shall not invalidate the sale,
17 exchange, lease, or easement.
18 (5) The notice and publication requirements of this
19 section do not apply to:
20 (a) The release of any reservations contained in
21 Murphy Act deeds or deeds of the board of trustees;
22 (b) Any conveyance of land lying landward of the line
23 of mean high water, which land does not exceed 5 acres in
24 area;
25 (c) Any lands covered by the provisions of ss.
26 253.12(6), (9), and (10), and 253.129;
27 (d) The lease of or easement for any land when the
28 land is being leased to a state agency;
29 (e) Sovereignty land easements for existing activities
30 completed prior to March 27, 1982;
31 (f) The conversion of existing marina licenses to
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1 sovereignty land leases;
2 (g) Sovereignty land leases for registered and
3 existing unregistered grandfathered facilities;
4 (h) The conveyance of lands pursuant to the provisions
5 of former s. 373.4592(4)(b);
6 (i) Renewals, modifications, or assignments; or
7 (j) Lands managed pursuant to ss. 253.781-253.785;.
8 (k) Homestead, railroad, or canal grants as provided
9 by law; or
10 (l) Lands conveyed pursuant to s. 253.111.
11 (6) The board may establish alternative notice
12 requirements to those in subsections (1) and (3), including a
13 waiver of notice, if adopted by rule, for proposed activities
14 under this section which also qualify for a general permit
15 pursuant to chapter 373. Such alternative notice requirements
16 shall take into account the nature and scope of the proposed
17 activities and the effect on other persons.
18 (7) In the disposition of parcels of state-owned
19 uplands, the Board of Trustees of the Internal Improvement
20 Trust Fund may procure real estate sales services, including
21 open listings, exclusive listings, or auction or other
22 appropriate services, to facilitate the sale of such lands.
23 Section 8. Section 253.42, Florida Statutes, is
24 amended to read:
25 253.42 Board of trustees may exchange lands.--The
26 provisions of this section apply to all lands owned by, vested
27 in, or titled in the name of the board whether the lands were
28 purchased acquired by the state as a purchase, or
29 acquired through gift, donation, or any other conveyance for
30 which no consideration was paid.
31 (1) Subject to the provisions of ss. 253.034 and
34
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1 253.0341, the board of trustees may exchange any lands owned
2 by, vested in, or titled in the name of the board for other
3 lands in the state owned by counties, other units of local
4 government governments, individuals, or private or public
5 corporations, and may fix the terms and conditions of any such
6 exchange. Any nonconservation lands that were acquired by the
7 state through gift, donation, or any other conveyance for
8 which no consideration was paid must first be offered in
9 exchange at no cost to a county or unit of local government
10 unless otherwise provided in a deed restriction of record or
11 other legal impediment, and so long as the use proposed by the
12 county or unit of local government is for a public purpose.
13 For conservation lands acquired by the state through gift,
14 donation, or any other conveyance for which no consideration
15 was paid, the state may request land of equal conservation
16 value from the county or unit of local government but no other
17 consideration.
18 (2) In exchanging conservation state-owned lands
19 purchased not acquired by the state through gift, donation, or
20 any other conveyance for which no consideration was paid, with
21 counties or units of local government governments, the board
22 shall require an exchange of equal value. Equal value is
23 defined as the conservation benefit of the lands being offered
24 for exchange by a county or unit of local government being
25 equal or greater in conservation benefit than the state-owned
26 lands. Such exchanges may include cash transactions if based
27 on an appropriate measure of value of the state-owned land,
28 but must also include the determination of a net-positive
29 conservation benefit by the Acquisition and Restoration
30 Council as provided in s. 253.034 , irrespective of appraised
31 value.
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1 (3) The board shall select and agree upon the state
2 lands to be exchanged, shall agree to and the lands to be
3 conveyed to the state, and shall pay or receive any sum of
4 money deemed necessary by the board for the purpose of
5 equalizing the value of the exchanged property. The board is
6 authorized to make and enter into contracts or agreements for
7 such purpose or purposes.
8 (4) The public purposes of lands exchanged under the
9 provisions of this section with a county or unit of local
10 government include public schools, public libraries, fire or
11 law enforcement substations, governmental, judicial, or
12 recreational centers, affordable housing projects or programs,
13 and the capital improvement elements or the concurrency
14 requirements that are required under a local comprehensive
15 land use plan as provided in s. 163.3177. The use of lands
16 exchanged under this section by a county or unit of local
17 government may not be limited by rules of the board.
18 Section 9. Section 259.032, Florida Statutes, is
19 amended to read:
20 259.032 Conservation and Recreation Lands Trust Fund;
21 purpose.--
22 (1) It is the policy of the state that the citizens of
23 this state shall be assured public ownership of natural areas
24 for purposes of maintaining this state's unique natural
25 resources; protecting air, land, and water quality; promoting
26 water resource development to meet the needs of natural
27 systems and citizens of this state; promoting restoration
28 activities on public lands; and providing lands for natural
29 resource based recreation. In recognition of this policy, it
30 is the intent of the Legislature to provide such public lands
31 for the people residing in urban and metropolitan areas of the
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1 state, as well as those residing in less populated, rural
2 areas. It is the further intent of the Legislature, with
3 regard to the lands described in paragraph (3)(c), that a high
4 priority be given to the acquisition of such lands in or near
5 counties exhibiting the greatest concentration of population
6 and, with regard to the lands described in subsection (3),
7 that a high priority be given to acquiring lands or rights or
8 interests in lands within any area designated as an area of
9 critical state concern under s. 380.05 which, in the judgment
10 of the advisory council established pursuant to s. 259.035, or
11 its successor, cannot be adequately protected by application
12 of land development regulations adopted pursuant to s. 380.05.
13 Finally, it is the Legislature's intent that lands acquired
14 through this program and any successor programs be managed in
15 such a way as to protect or restore their natural resource
16 values, and provide the greatest benefit, including public
17 access, to the citizens of this state.
18 (1)(2)(a) The Conservation and Recreation Lands Trust
19 Fund is established within the Department of Environmental
20 Protection. The fund shall be used as a nonlapsing, revolving
21 fund exclusively for the purposes of this section. The fund
22 shall be credited with proceeds from the following excise
23 taxes:
24 1. The excise taxes on documents as provided in s.
25 201.15; and
26 2. The excise tax on the severance of phosphate rock
27 as provided in s. 211.3103.
28
29 The Department of Revenue shall credit to the fund each month
30 the proceeds from such taxes as provided in this paragraph.
31 (b) There shall annually be transferred from the
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1 Conservation and Recreation Lands Trust Fund to the Land
2 Acquisition Trust Fund that amount, not to exceed $20 million
3 annually, as shall be necessary to pay the debt service on, or
4 fund debt service reserve funds, rebate obligations, or other
5 amounts with respect to bonds issued pursuant to s. 375.051 to
6 acquire lands on the established priority list developed
7 pursuant to this section; however, no moneys transferred to
8 the Land Acquisition Trust Fund pursuant to this paragraph, or
9 earnings thereon, shall be used or made available to pay debt
10 service on the Save Our Coast revenue bonds. Amounts
11 transferred annually from the Conservation and Recreation
12 Lands Trust Fund to the Land Acquisition Trust Fund pursuant
13 to this paragraph shall have the highest priority over other
14 payments or transfers from the Conservation and Recreation
15 Lands Trust Fund, and no other payments or transfers shall be
16 made from the Conservation and Recreation Lands Trust Fund
17 until such transfers to the Land Acquisition Trust Fund have
18 been made.
19 (c) Effective July 1, 2001, Moneys in the Conservation
20 and Recreation Lands Trust Fund also shall be used to manage
21 lands and to pay for related costs, activities, and functions
22 pursuant to the provisions of this section.
23 (3) The Governor and Cabinet, sitting as the Board of
24 Trustees of the Internal Improvement Trust Fund, may allocate
25 moneys from the fund in any one year to acquire the fee or any
26 lesser interest in lands for the following public purposes:
27 (a) To conserve and protect environmentally unique and
28 irreplaceable lands that contain native, relatively unaltered
29 flora and fauna representing a natural area unique to, or
30 scarce within, a region of this state or a larger geographic
31 area;
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1 (b) To conserve and protect lands within designated
2 areas of critical state concern, if the proposed acquisition
3 relates to the natural resource protection purposes of the
4 designation;
5 (c) To conserve and protect native species habitat or
6 endangered or threatened species, emphasizing long-term
7 protection for endangered or threatened species designated G-1
8 or G-2 by the Florida Natural Areas Inventory, and especially
9 those areas that are special locations for breeding and
10 reproduction;
11 (d) To conserve, protect, manage, or restore important
12 ecosystems, landscapes, and forests, if the protection and
13 conservation of such lands is necessary to enhance or protect
14 significant surface water, groundwater, coastal, recreational,
15 timber, or fish or wildlife resources which cannot otherwise
16 be accomplished through local and state regulatory programs;
17 (e) To promote water resource development that
18 benefits natural systems and citizens of the state;
19 (f) To facilitate the restoration and subsequent
20 health and vitality of the Florida Everglades;
21 (g) To provide areas, including recreational trails,
22 for natural resource based recreation and other outdoor
23 recreation on any part of any site compatible with
24 conservation purposes;
25 (h) To preserve significant archaeological or historic
26 sites; or
27 (i) To conserve urban open spaces suitable for
28 greenways or outdoor recreation which are compatible with
29 conservation purposes.
30 (4) Lands acquired under this section shall be for use
31 as state-designated parks, recreation areas, preserves,
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1 reserves, historic or archaeological sites, geologic or
2 botanical sites, recreational trails, forests, wilderness
3 areas, wildlife management areas, urban open space, or other
4 state-designated recreation or conservation lands; or they
5 shall qualify for such state designation and use if they are
6 to be managed by other governmental agencies or nonstate
7 entities as provided for in this section.
8 (2)(5) The board of trustees may allocate, in any
9 year, an amount not to exceed 5 percent of the money credited
10 to the fund in that year, such allocation to be used for the
11 initiation and maintenance of a natural areas inventory to aid
12 in the identification of areas to be acquired pursuant to this
13 section.
14 (3)(6) Moneys in the fund not needed to meet
15 obligations incurred under this section shall be deposited
16 with the Chief Financial Officer to the credit of the fund and
17 may be invested in the manner provided by law. Interest
18 received on such investments shall be credited to the
19 Conservation and Recreation Lands Trust Fund.
20 (4)(7) The board of trustees may enter into any
21 contract necessary to accomplish the purposes of this section.
22 The lead land managing agencies designated by the board of
23 trustees also are directed by the Legislature to enter into
24 contracts or interagency agreements with other governmental
25 entities, including local soil and water conservation
26 districts, or private land managers who have the expertise to
27 perform specific management activities which a lead agency
28 lacks, or which would cost more to provide in-house. Such
29 activities shall include, but not be limited to, controlled
30 burning, road and ditch maintenance, mowing, and wildlife
31 assessments.
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1 (8) Lands to be considered for purchase under this
2 section are subject to the selection procedures of s. 259.035
3 and related rules and shall be acquired in accordance with
4 acquisition procedures for state lands provided for in s.
5 259.041, except as otherwise provided by the Legislature. An
6 inholding or an addition to a project selected for purchase
7 pursuant to this chapter is not subject to the selection
8 procedures of s. 259.035 if the estimated value of such
9 inholding or addition does not exceed $500,000. When at least
10 90 percent of the acreage of a project has been purchased
11 pursuant to this chapter, the project may be removed from the
12 list and the remaining acreage may continue to be purchased.
13 (5) At the discretion of the board, moneys from the
14 fund may be used for title work, appraisal fees, environmental
15 audits, and survey costs related to acquisition expenses for
16 conservation lands to be purchased, donated, or exchanged
17 acquired, donated, or exchanged which qualify under the
18 categories of this section, at the discretion of the board.
19 (6) When the board of trustees Legislature has
20 authorized the Department of Environmental Protection to
21 condemn a specific parcel of land and such parcel has already
22 been approved for acquisition for conservation purposes under
23 this section, the land may be acquired in accordance with the
24 provisions of chapter 73 or chapter 74, and the fund may be
25 used to pay the condemnation award and all costs, including a
26 reasonable attorney's fee, associated with condemnation.
27 (9) All lands managed under this chapter and s.
28 253.034 shall be:
29 (a) Managed in a manner that will provide the greatest
30 combination of benefits to the public and to the resources.
31 (b) Managed for public outdoor recreation which is
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1 compatible with the conservation and protection of public
2 lands. Such management may include, but not be limited to, the
3 following public recreational uses: fishing, hunting,
4 camping, bicycling, hiking, nature study, swimming, boating,
5 canoeing, horseback riding, diving, model hobbyist activities,
6 birding, sailing, jogging, and other related outdoor
7 activities compatible with the purposes for which the lands
8 were acquired.
9 (c) Managed for the purposes for which the lands were
10 acquired, consistent with paragraph (11)(a).
11 (d) Concurrent with its adoption of the annual
12 Conservation and Recreation Lands list of acquisition projects
13 pursuant to s. 259.035, the board of trustees shall adopt a
14 management prospectus for each project. The management
15 prospectus shall delineate:
16 1. The management goals for the property;
17 2. The conditions that will affect the intensity of
18 management;
19 3. An estimate of the revenue-generating potential of
20 the property, if appropriate;
21 4. A timetable for implementing the various stages of
22 management and for providing access to the public, if
23 applicable;
24 5. A description of potential multiple-use activities
25 as described in this section and s. 253.034;
26 6. Provisions for protecting existing infrastructure
27 and for ensuring the security of the project upon acquisition;
28 7. The anticipated costs of management and projected
29 sources of revenue, including legislative appropriations, to
30 fund management needs; and
31 8. Recommendations as to how many employees will be
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1 needed to manage the property, and recommendations as to
2 whether local governments, volunteer groups, the former
3 landowner, or other interested parties can be involved in the
4 management.
5 (e) Concurrent with the approval of the acquisition
6 contract pursuant to s. 259.041(3)(c) for any interest in
7 lands, the board of trustees shall designate an agency or
8 agencies to manage such lands and shall evaluate and amend, as
9 appropriate, the management policy statement for the project
10 as provided by s. 259.035, consistent with the purposes for
11 which the lands are acquired. For any fee simple acquisition
12 of a parcel which is or will be leased back for agricultural
13 purposes, or any acquisition of a less-than-fee interest in
14 land that is or will be used for agricultural purposes, the
15 Board of Trustees of the Internal Improvement Trust Fund shall
16 first consider having a soil and water conservation district,
17 created pursuant to chapter 582, manage and monitor such
18 interests.
19 (f) State agencies designated to manage lands acquired
20 under this chapter may contract with local governments and
21 soil and water conservation districts to assist in management
22 activities, including the responsibility of being the lead
23 land manager. Such land management contracts may include a
24 provision for the transfer of management funding to the local
25 government or soil and water conservation district from the
26 Conservation and Recreation Lands Trust Fund in an amount
27 adequate for the local government or soil and water
28 conservation district to perform its contractual land
29 management responsibilities and proportionate to its
30 responsibilities, and which otherwise would have been expended
31 by the state agency to manage the property.
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1 (g) Immediately following the acquisition of any
2 interest in lands under this chapter, the Department of
3 Environmental Protection, acting on behalf of the board of
4 trustees, may issue to the lead managing entity an interim
5 assignment letter to be effective until the execution of a
6 formal lease.
7 (10)(a) State, regional, or local governmental
8 agencies or private entities designated to manage lands under
9 this section shall develop and adopt, with the approval of the
10 board of trustees, an individual management plan for each
11 project designed to conserve and protect such lands and their
12 associated natural resources. Private sector involvement in
13 management plan development may be used to expedite the
14 planning process.
15 (b) Individual management plans required by s.
16 253.034(5), for parcels over 160 acres, shall be developed
17 with input from an advisory group. Members of this advisory
18 group shall include, at a minimum, representatives of the lead
19 land managing agency, comanaging entities, local private
20 property owners, the appropriate soil and water conservation
21 district, a local conservation organization, and a local
22 elected official. The advisory group shall conduct at least
23 one public hearing within the county in which the parcel or
24 project is located. For those parcels or projects that are
25 within more than one county, at least one areawide public
26 hearing shall be acceptable and the lead managing agency shall
27 invite a local elected official from each county. The areawide
28 public hearing shall be held in the county in which the core
29 parcels are located. Notice of such public hearing shall be
30 posted on the parcel or project designated for management,
31 advertised in a paper of general circulation, and announced at
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1 a scheduled meeting of the local governing body before the
2 actual public hearing. The management prospectus required
3 pursuant to paragraph (9)(d) shall be available to the public
4 for a period of 30 days prior to the public hearing.
5 (c) Once a plan is adopted, the managing agency or
6 entity shall update the plan at least every 10 years in a form
7 and manner prescribed by rule of the board of trustees. Such
8 updates, for parcels over 160 acres, shall be developed with
9 input from an advisory group. Such plans may include transfers
10 of leasehold interests to appropriate conservation
11 organizations or governmental entities designated by the Land
12 Acquisition and Management Advisory Council or its successor,
13 for uses consistent with the purposes of the organizations and
14 the protection, preservation, conservation, restoration, and
15 proper management of the lands and their resources. Volunteer
16 management assistance is encouraged, including, but not
17 limited to, assistance by youths participating in programs
18 sponsored by state or local agencies, by volunteers sponsored
19 by environmental or civic organizations, and by individuals
20 participating in programs for committed delinquents and
21 adults.
22 (d) For each project for which lands are acquired
23 after July 1, 1995, an individual management plan shall be
24 adopted and in place no later than 1 year after the essential
25 parcel or parcels identified in the annual Conservation and
26 Recreation Lands report prepared pursuant to s. 259.035(2)(a)
27 have been acquired. Beginning in fiscal year 1998-1999, the
28 Department of Environmental Protection shall distribute only
29 75 percent of the acquisition funds to which a budget entity
30 or water management district would otherwise be entitled from
31 the Preservation 2000 Trust Fund to any budget entity or any
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1 water management district that has more than one-third of its
2 management plans overdue.
3 (e) Individual management plans shall conform to the
4 appropriate policies and guidelines of the state land
5 management plan and shall include, but not be limited to:
6 1. A statement of the purpose for which the lands were
7 acquired, the projected use or uses as defined in s. 253.034,
8 and the statutory authority for such use or uses.
9 2. Key management activities necessary to preserve and
10 protect natural resources and restore habitat, and for
11 controlling the spread of nonnative plants and animals, and
12 for prescribed fire and other appropriate resource management
13 activities.
14 3. A specific description of how the managing agency
15 plans to identify, locate, protect, and preserve, or otherwise
16 use fragile, nonrenewable natural and cultural resources.
17 4. A priority schedule for conducting management
18 activities, based on the purposes for which the lands were
19 acquired.
20 5. A cost estimate for conducting priority management
21 activities, to include recommendations for cost-effective
22 methods of accomplishing those activities.
23 6. A cost estimate for conducting other management
24 activities which would enhance the natural resource value or
25 public recreation value for which the lands were acquired. The
26 cost estimate shall include recommendations for cost-effective
27 methods of accomplishing those activities.
28 7. A determination of the public uses and public
29 access that would be consistent with the purposes for which
30 the lands were acquired.
31 (f) The Division of State Lands shall submit a copy of
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1 each individual management plan for parcels which exceed 160
2 acres in size to each member of the Land Acquisition and
3 Management Advisory Council or its successor, which shall:
4 1. Within 60 days after receiving a plan from the
5 division, review each plan for compliance with the
6 requirements of this subsection and with the requirements of
7 the rules established by the board pursuant to this
8 subsection.
9 2. Consider the propriety of the recommendations of
10 the managing agency with regard to the future use or
11 protection of the property.
12 3. After its review, submit the plan, along with its
13 recommendations and comments, to the board of trustees, with
14 recommendations as to whether to approve the plan as
15 submitted, approve the plan with modifications, or reject the
16 plan.
17 (g) The board of trustees shall consider the
18 individual management plan submitted by each state agency and
19 the recommendations of the Land Acquisition and Management
20 Advisory Council, or its successor, and the Division of State
21 Lands and shall approve the plan with or without modification
22 or reject such plan. The use or possession of any lands owned
23 by the board of trustees which is not in accordance with an
24 approved individual management plan is subject to termination
25 by the board of trustees.
26
27 By July 1 of each year, each governmental agency and each
28 private entity designated to manage lands shall report to the
29 Secretary of Environmental Protection on the progress of
30 funding, staffing, and resource management of every project
31 for which the agency or entity is responsible.
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1 (11)(a) The Legislature recognizes that acquiring
2 lands pursuant to this chapter serves the public interest by
3 protecting land, air, and water resources which contribute to
4 the public health and welfare, providing areas for natural
5 resource based recreation, and ensuring the survival of unique
6 and irreplaceable plant and animal species. The Legislature
7 intends for these lands to be managed and maintained for the
8 purposes for which they were acquired and for the public to
9 have access to and use of these lands where it is consistent
10 with acquisition purposes and would not harm the resources the
11 state is seeking to protect on the public's behalf.
12 (b) An amount up to 1.5 percent of the cumulative
13 total of funds ever deposited into the Florida Preservation
14 2000 Trust Fund and the Florida Forever Trust Fund shall be
15 made available for the purposes of management, maintenance,
16 and capital improvements not eligible for funding pursuant to
17 s. 11(e), Art. VII of the State Constitution, and for
18 associated contractual services, for lands acquired pursuant
19 to this section, s. 259.101, s. 259.105, or previous programs
20 for the acquisition of lands for conservation and recreation,
21 including state forests, to which title is vested in the board
22 of trustees and other conservation and recreation lands
23 managed by a state agency. Of this amount, $250,000 shall be
24 transferred annually to the Plant Industry Trust Fund within
25 the Department of Agriculture and Consumer Services for the
26 purpose of implementing the Endangered or Threatened Native
27 Flora Conservation Grants Program pursuant to s. 581.185(11).
28 Each agency with management responsibilities shall annually
29 request from the Legislature funds sufficient to fulfill such
30 responsibilities. For the purposes of this paragraph, capital
31 improvements shall include, but need not be limited to,
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1 perimeter fencing, signs, firelanes, access roads and trails,
2 and minimal public accommodations, such as primitive
3 campsites, garbage receptacles, and toilets. Any equipment
4 purchased with funds provided pursuant to this paragraph may
5 be used for the purposes described in this paragraph on any
6 conservation and recreation lands managed by a state agency.
7 (c) In requesting funds provided for in paragraph (b)
8 for long-term management of all acquisitions pursuant to this
9 chapter and for associated contractual services, the managing
10 agencies shall recognize the following categories of land
11 management needs:
12 1. Lands which are low-need tracts, requiring basic
13 resource management and protection, such as state reserves,
14 state preserves, state forests, and wildlife management areas.
15 These lands generally are open to the public but have no more
16 than minimum facilities development.
17 2. Lands which are moderate-need tracts, requiring
18 more than basic resource management and protection, such as
19 state parks and state recreation areas. These lands generally
20 have extra restoration or protection needs, higher
21 concentrations of public use, or more highly developed
22 facilities.
23 3. Lands which are high-need tracts, with identified
24 needs requiring unique site-specific resource management and
25 protection. These lands generally are sites with historic
26 significance, unique natural features, or very high intensity
27 public use, or sites that require extra funds to stabilize or
28 protect resources, such as lands with heavy infestations of
29 nonnative, invasive plants.
30
31 In evaluating the management funding needs of lands based on
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1 the above categories, the lead land managing agencies shall
2 include in their considerations the impacts of, and needs
3 created or addressed by, multiple-use management strategies.
4 (d) All revenues generated through multiple-use
5 management or compatible secondary-use management shall be
6 returned to the lead agency responsible for such management
7 and shall be used to pay for management activities on all
8 conservation, preservation, and recreation lands under the
9 agency's jurisdiction. In addition, such revenues shall be
10 segregated in an agency trust fund and shall remain available
11 to the agency in subsequent fiscal years to support land
12 management appropriations. For the purposes of this paragraph,
13 compatible secondary-use management shall be those activities
14 described in subsection (9) undertaken on parcels designated
15 as single use pursuant to s. 253.034(2)(b).
16 (e) Up to one-fifth of the funds provided for in
17 paragraph (b) shall be reserved by the board of trustees for
18 interim management of acquisitions and for associated
19 contractual services, to ensure the conservation and
20 protection of natural resources on project sites and to allow
21 limited public recreational use of lands. Interim management
22 activities may include, but not be limited to, resource
23 assessments, control of invasive, nonnative species, habitat
24 restoration, fencing, law enforcement, controlled burning, and
25 public access consistent with preliminary determinations made
26 pursuant to paragraph (9)(g). The board of trustees shall make
27 these interim funds available immediately upon purchase.
28 (f) The department shall set long-range and annual
29 goals for the control and removal of nonnative, invasive plant
30 species on public lands. Such goals shall differentiate
31 between aquatic plant species and upland plant species. In
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1 setting such goals, the department may rank, in order of
2 adverse impact, species that impede or destroy the functioning
3 of natural systems. Notwithstanding paragraph (a), up to
4 one-fourth of the funds provided for in paragraph (b) may be
5 used by the agencies receiving those funds for control and
6 removal of nonnative, invasive species on public lands.
7 (g) In addition to the purposes specified in paragraph
8 (b), funds from the 1.5 percent of the cumulative total of
9 funds ever deposited into the Florida Preservation 2000 Trust
10 Fund and the Florida Forever Trust Fund may be appropriated
11 for the 2005-2006 fiscal year for the construction of
12 replacement museum facilities. This paragraph expires July 1,
13 2006.
14 (12)(a) Beginning July 1, 1999, the Legislature shall
15 make available sufficient funds annually from the Conservation
16 and Recreation Lands Trust Fund to the department for payment
17 in lieu of taxes to qualifying counties and local governments
18 as defined in paragraph (b) for all actual tax losses incurred
19 as a result of board of trustees acquisitions for state
20 agencies under the Florida Forever program or the Florida
21 Preservation 2000 program during any year. Reserved funds not
22 used for payments in lieu of taxes in any year shall revert to
23 the fund to be used for land management in accordance with the
24 provisions of this section.
25 (b) Payment in lieu of taxes shall be available:
26 1. To all counties that have a population of 150,000
27 or fewer. Population levels shall be determined pursuant to s.
28 11.031.
29 2. To all local governments located in eligible
30 counties.
31 3. To Glades County, where a privately owned and
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1 operated prison leased to the state has recently been opened
2 and where privately owned and operated juvenile justice
3 facilities leased to the state have recently been constructed
4 and opened, a payment in lieu of taxes, in an amount that
5 offsets the loss of property tax revenue, which funds have
6 already been appropriated and allocated from the Department of
7 Correction's budget for the purpose of reimbursing amounts
8 equal to lost ad valorem taxes.
9 (c) If insufficient funds are available in any year to
10 make full payments to all qualifying counties and local
11 governments, such counties and local governments shall receive
12 a pro rata share of the moneys available.
13 (d) The payment amount shall be based on the average
14 amount of actual taxes paid on the property for the 3 years
15 preceding acquisition. Applications for payment in lieu of
16 taxes shall be made no later than January 31 of the year
17 following acquisition. No payment in lieu of taxes shall be
18 made for properties which were exempt from ad valorem taxation
19 for the year immediately preceding acquisition.
20 (e) If property which was subject to ad valorem
21 taxation was acquired by a tax-exempt entity for ultimate
22 conveyance to the state under this chapter, payment in lieu of
23 taxes shall be made for such property based upon the average
24 amount of taxes paid on the property for the 3 years prior to
25 its being removed from the tax rolls. The department shall
26 certify to the Department of Revenue those properties that may
27 be eligible under this provision. Once eligibility has been
28 established, that county or local government shall receive 10
29 consecutive annual payments for each tax loss, and no further
30 eligibility determination shall be made during that period.
31 (f) Payment in lieu of taxes pursuant to this
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1 subsection shall be made annually to qualifying counties and
2 local governments after certification by the Department of
3 Revenue that the amounts applied for are reasonably
4 appropriate, based on the amount of actual taxes paid on the
5 eligible property. With the assistance of the local government
6 requesting payment in lieu of taxes, the state agency that
7 acquired the land is responsible for preparing and submitting
8 application requests for payment to the Department of Revenue
9 for certification.
10 (g) If the board of trustees conveys to a local
11 government title to any land owned by the board, any payments
12 in lieu of taxes on the land made to the local government
13 shall be discontinued as of the date of the conveyance.
14
15 For the purposes of this subsection, "local government"
16 includes municipalities, the county school board, mosquito
17 control districts, and any other local government entity which
18 levies ad valorem taxes, with the exception of a water
19 management district.
20 (13) Moneys credited to the fund each year which are
21 not used for management, maintenance, or capital improvements
22 pursuant to subsection (11); for payment in lieu of taxes
23 pursuant to subsection (12); or for the purposes of subsection
24 (5), shall be available for the acquisition of land pursuant
25 to this section.
26 (14) The board of trustees may adopt rules to further
27 define the categories of land for acquisition under this
28 chapter.
29 (15) Within 90 days after receiving a certified letter
30 from the owner of a property on the Conservation and
31 Recreation Lands list or the priority list established
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1 pursuant to s. 259.105 objecting to the property being
2 included in an acquisition project, where such property is a
3 project or part of a project which has not been listed for
4 purchase in the current year's land acquisition work plan, the
5 board of trustees shall delete the property from the list or
6 from the boundary of an acquisition project on the list.
7 Section 10. Section 259.0321, Florida Statutes, is
8 created to read:
9 259.0321 Management of conservation lands; additional
10 requirements.--
11 (1) All lands acquired for conservation purposes and
12 managed under this chapter and s. 253.034 shall be managed:
13 (a) In a manner that will provide the greatest
14 combination of benefits to the public and to the resources
15 while conserving and protecting such lands and their natural
16 resources.
17 (b) For the purposes for which the lands were acquired
18 and to allow the public to have access to and use of these
19 lands where it is consistent with acquisition purposes and
20 would not harm the resources the state is seeking to protect
21 on the public's behalf.
22 (c) For public outdoor-recreation uses that are
23 compatible with the conservation and protection of public
24 lands. Such uses may include, but need not be limited to,
25 fishing, hunting, camping, bicycling, hiking, nature study,
26 swimming, boating, canoeing, horseback riding, diving, model
27 hobbyist activities, birding, sailing, jogging, and other
28 related outdoor activities that are compatible with the
29 purposes for which the lands were acquired.
30 (2)(a) Concurrent with its adoption of the list of
31 acquisition projects pursuant to s. 259.035, the board of
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1 trustees shall adopt a management prospectus for each project.
2 The management prospectus must delineate:
3 1. The management goals for the property;
4 2. The conditions that will affect the intensity of
5 management;
6 3. An estimate of the revenue-generating potential of
7 the property, if appropriate;
8 4. A timetable for implementing the various stages of
9 management and for providing access to the public, if
10 applicable;
11 5. A description of potential multiple-use activities
12 as described in this section;
13 6. Provisions for protecting existing infrastructure
14 and for ensuring the security of the project upon acquisition;
15 7. The anticipated costs of management and projected
16 sources of revenue, including legislative appropriations, to
17 fund management needs;
18 8. Recommendations as to how many employees will be
19 needed to manage the property; and
20 9. Recommendations as to whether local governments,
21 volunteer groups, the former landowner, or other interested
22 parties can be involved in the management.
23 (b) Concurrent with the approval of the contract to
24 acquire any interest in conservation lands pursuant to s.
25 259.041, the board of trustees shall designate a lead managing
26 agency and shall evaluate and amend, as appropriate, the
27 management policy statement for the project as provided by s.
28 259.035. For any fee simple acquisition that is or will be
29 leased back for agricultural purposes or any acquisition of a
30 less-than-fee interest in land that is or will be used for
31 agricultural purposes, the board of trustees shall first
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1 consider designating a soil and water conservation district,
2 created pursuant to chapter 582, to manage and monitor such
3 interests.
4 (c) The agency designated by the board of trustees as
5 the lead managing agency may contract with local governments
6 and soil and water conservation districts to assist in
7 management activities, including the responsibility of being
8 the lead land manager. Such land management contracts may
9 include a provision for the transfer of management funding
10 that otherwise would have been expended to manage the property
11 to the local government or soil and water conservation
12 district from the Conservation and Recreation Lands Trust Fund
13 in an amount adequate for the local government or soil and
14 water conservation district to perform its contractual land
15 management responsibilities and proportionate to its
16 responsibilities.
17 (d) Immediately following the acquisition of any
18 interest in lands under this chapter, the Department of
19 Environmental Protection, acting on behalf of the board of
20 trustees, may issue an interim assignment letter to the lead
21 managing agency which will remain effective until the
22 execution of a formal management agreement.
23 (3)(a) State, regional, or local governmental agencies
24 or private entities designated to manage conservation lands
25 under this section shall develop and adopt, with the approval
26 of the board of trustees, an individual management plan for
27 such lands. Private-sector entities may be used to expedite
28 the development of the management plan. Management plans
29 developed and adopted pursuant to this subsection must be
30 submitted to the Division of State Lands for review under the
31 provisions of s. 253.034.
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1 (b) Individual management plans for parcels larger
2 than 160 acres shall be developed with input from an advisory
3 group. Members of this advisory group shall include, at a
4 minimum, representatives of the lead land managing agency,
5 comanaging entities, local private property owners, the
6 appropriate soil and water conservation district, a local
7 conservation organization, and a local elected official. The
8 advisory group shall conduct at least one public hearing
9 within the county in which the parcel or project is located.
10 For those parcels or projects that are within more than one
11 county, at least one areawide public hearing is acceptable and
12 the lead managing agency shall invite a local elected official
13 from each county. The areawide public hearing shall be held in
14 the county in which the core parcels are located. Notice of
15 such public hearing shall be posted on the parcel or project
16 designated for management, advertised in a paper of general
17 circulation, and announced at a scheduled meeting of the local
18 governing body before the actual public hearing. The
19 management prospectus required pursuant to paragraph (2)(a)
20 shall be available to the public for a period of 30 days prior
21 to the public hearing.
22 (c) Once a plan is adopted, the managing agency or
23 entity shall update the plan at least every 10 years as
24 required in s. 253.034(5). Updated plans for parcels larger
25 than 160 acres shall be developed with input from an advisory
26 group. Such updated plans may include transfers of leasehold
27 interests to appropriate conservation organizations or
28 governmental entities designated by the Acquisition and
29 Restoration Council created in s. 259.035, or its successor,
30 for uses consistent with the purposes of the organizations and
31 the protection, preservation, conservation, restoration, and
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1 proper management of the lands and their resources. Volunteer
2 management assistance is encouraged, including, but not
3 limited to, assistance by youth participating in programs
4 sponsored by state or local agencies, by volunteers sponsored
5 by environmental or civic organizations, and by individuals
6 participating in programs for committed delinquents and
7 adults.
8 (d) An individual management plan shall be adopted and
9 in place no later than 1 year after the essential parcel or
10 parcels identified in the list of acquisition projects have
11 been acquired. The Department of Environmental Protection
12 shall distribute only 75 percent of the acquisition funds to
13 which a state budget entity or water management district would
14 otherwise be entitled from the Florida Forever Trust Fund if
15 more than one-third of the management plans of that budget
16 entity or water management district are overdue.
17 (e) Individual management plans must conform to the
18 appropriate policies and guidelines of the state land
19 management plan and must include, but need not be limited to:
20 1. A statement of the purpose for which the lands were
21 acquired, the projected use or uses of the lands, and the
22 statutory authority for such use or uses.
23 2. Key management activities that are necessary to
24 preserve and protect natural resources, restore habitat,
25 control the spread of nonnative plants and animals, and
26 conduct prescribed burns and other appropriate
27 resource-management activities.
28 3. A specific description of how the managing agency
29 plans to identify, locate, protect, and preserve or otherwise
30 use fragile, nonrenewable natural and cultural resources.
31 4. A priority schedule for conducting management
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1 activities which is based on the purposes for which the lands
2 were acquired.
3 5. A cost estimate for conducting priority management
4 activities, including recommendations for cost-effective
5 methods of accomplishing those activities.
6 6. A cost estimate for conducting other management
7 activities that would enhance the natural resource value or
8 public recreation value for which the lands were acquired. The
9 cost estimate must include recommendations for cost-effective
10 methods of accomplishing those activities.
11 7. A determination of the public uses and public
12 access that are consistent with the purposes for which the
13 lands were acquired.
14
15 By July 1 of each year, each governmental agency and each
16 private entity designated to manage lands shall report to the
17 Secretary of Environmental Protection on the progress of the
18 funding, staffing, and resource management of every project
19 for which the agency or entity is responsible.
20 (4)(a) An amount up to 1.5 percent of the cumulative
21 total of funds ever deposited into the Florida Preservation
22 2000 Trust Fund and the Florida Forever Trust Fund shall be
23 made available for the purposes of management, maintenance,
24 and capital improvements that are not eligible to be funded
25 from bonds issued pursuant to s. 11(3), Art. VII of the State
26 Constitution; for associated contractual services for lands,
27 the title to which is vested in the board of trustees,
28 acquired pursuant to s. 259.105 or previous conservation and
29 recreation land acquisition programs; and for other
30 conservation and recreation lands managed by a state agency.
31 Of this amount, $250,000 shall be transferred annually to the
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1 Plant Industry Trust Fund within the Department of Agriculture
2 and Consumer Services for the purpose of implementing the
3 Endangered or Threatened Native Flora Conservation Grants
4 Program pursuant to s. 581.185(11). For the purposes of this
5 paragraph, capital improvements include, but need not be
6 limited to, perimeter fencing, signs, firelanes, access roads
7 and trails, and minimal public accommodations, such as
8 primitive campsites, garbage receptacles, and toilets. Any
9 equipment purchased with funds provided pursuant to this
10 paragraph may be used for the purposes described in this
11 paragraph on any conservation and recreation lands managed by
12 a state agency.
13 (b) Each agency having management responsibilities
14 shall annually request from the Legislature funds sufficient
15 to fulfill such responsibilities. In requesting funds for
16 long-term management of all acquisitions pursuant to this
17 chapter and for associated contractual services, the managing
18 agencies shall recognize the following categories of
19 land-management needs:
20 1. Lands that are low-need tracts, requiring basic
21 resource management and protection, such as state reserves,
22 state preserves, state forests, and wildlife management areas.
23 These lands generally are open to the public but have no more
24 than minimum facilities development.
25 2. Lands that are moderate-need tracts, requiring more
26 than basic resource management and protection, such as state
27 parks and state recreation areas. These lands generally have
28 extra restoration or protection needs, higher concentrations
29 of public use, or more highly developed facilities.
30 3. Lands that are high-need tracts, having identified
31 needs that require unique site-specific resource management
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1 and protection. These lands generally are sites that have
2 historic significance, unique natural features, or very high
3 intensity public use, or sites that require extra funds to
4 stabilize or protect resources, such as lands with heavy
5 infestations of nonnative, invasive plants.
6
7 In evaluating the management funding needs of lands based on
8 the categories in this paragraph, each lead managing agency
9 shall include the impacts of, and needs created or addressed
10 by, multiple-use management strategies.
11 (c) All revenues generated through multiple-use
12 management or compatible secondary-use management shall be
13 returned to the lead agency responsible for such management
14 and shall be used to pay for management activities on all
15 conservation and recreation lands under the agency's
16 jurisdiction. In addition, such revenues shall be segregated
17 in an agency trust fund and shall remain available to the
18 agency in subsequent fiscal years to support land management
19 appropriations. For the purposes of this paragraph, compatible
20 secondary-use management are those activities described in
21 subsection (1) which are undertaken on parcels designated as
22 single use pursuant to s. 253.034(2)(b).
23 (d) Up to one-fifth of the funds provided for under
24 paragraph (a) shall be reserved by the board of trustees for
25 interim management of acquisitions and for associated
26 contractual services in order to ensure the conservation and
27 protection of natural resources on project sites and to allow
28 limited public recreational use of lands. Interim management
29 activities may include, but need not be limited to, resource
30 assessments, control of invasive, nonnative species, habitat
31 restoration, fencing, law enforcement, controlled burning, and
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1 public access consistent with preliminary determinations made
2 pursuant to paragraph (2)(d). The board of trustees shall make
3 these interim funds available immediately upon purchase.
4 (e) The department shall set long-range and annual
5 goals for the control and removal of nonnative, invasive plant
6 species on public lands. Such goals must differentiate between
7 aquatic plant species and upland plant species. In setting
8 such goals, the department may rank, in order of adverse
9 impact, species that impede or destroy the functioning of
10 natural systems. Up to one-fourth of the funds provided for in
11 paragraph (a) may be used by the agencies receiving those
12 funds for control and removal of nonnative, invasive species
13 on public lands.
14 Section 11. Section 259.0322, Florida Statutes, is
15 amended to read:
16 259.0322 Payment in lieu of taxes; qualifying
17 counties; reinstitution of payments in lieu of taxes;
18 duration.--
19 (1)(a) The Legislature shall annually make available
20 sufficient funds from the Conservation and Recreation Lands
21 Trust Fund to the department for payment in lieu of taxes to
22 qualifying counties and local governments, as defined in
23 paragraph (b), for all actual tax losses incurred as a result
24 of acquisitions for state agencies by the board of trustees
25 under the Florida Forever program during any year. Reserved
26 funds not used for payments in lieu of taxes in any year shall
27 revert to the fund to be used for land management in
28 accordance with the provisions of s. 259.0321.
29 (b) Payment in lieu of taxes shall be available:
30 1. To all counties that have a population of 150,000
31 or fewer. Population levels shall be determined pursuant to s.
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1 11.031.
2 2. To all local governments located in eligible
3 counties.
4 3. To Glades County, where a privately owned and
5 operated prison leased to the state has recently been opened
6 and where privately owned and operated juvenile justice
7 facilities leased to the state have recently been constructed
8 and opened, a payment in an amount that offsets the loss of
9 property tax revenue, which funds have already been
10 appropriated and allocated from the Department of Correction's
11 budget for the purpose of reimbursing amounts equal to lost ad
12 valorem taxes.
13 (c) If insufficient funds are available in any year to
14 make full payments to all qualifying counties and local
15 governments, such counties and local governments shall receive
16 a pro rata share of the moneys available.
17 (d) The payment amount shall be based on the average
18 amount of actual taxes paid on the property for the 3 years
19 preceding acquisition. Applications for payment in lieu of
20 taxes shall be made no later than January 31 of the year
21 following acquisition. No payment in lieu of taxes shall be
22 made for properties that were exempt from ad valorem taxation
23 for the year immediately preceding acquisition.
24 (e) If property that was subject to ad valorem
25 taxation was acquired by a tax-exempt entity for ultimate
26 conveyance to the state under this chapter, payment in lieu of
27 taxes shall be made for such property based upon the average
28 amount of taxes paid on the property for the 3 years prior to
29 its being removed from the tax rolls. The department shall
30 certify to the Department of Revenue those properties that may
31 be eligible under this paragraph. Once eligibility has been
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1 established, that county or local government shall receive 10
2 consecutive annual payments for each tax loss, and no further
3 eligibility determination shall be made during that period.
4 (f) Payment in lieu of taxes pursuant to this
5 subsection shall be made annually to qualifying counties and
6 local governments after certification by the Department of
7 Revenue that the amounts applied for are reasonably
8 appropriate, based on the amount of actual taxes paid on the
9 eligible property. With the assistance of the local government
10 requesting payment in lieu of taxes, the state agency that
11 acquired the land shall prepare and submit the application
12 request for payment to the Department of Revenue for
13 certification.
14 (g) If the board of trustees conveys to a local
15 government title to any land owned by the board, any payments
16 in lieu of taxes on the land made to the local government
17 shall be discontinued as of the date of the conveyance.
18
19 For the purposes of this subsection, the term "local
20 government" includes municipalities, the county school board,
21 mosquito control districts, and any other local government
22 entity that levies ad valorem taxes, with the exception of a
23 water management district.
24 (2) If the Department of Environmental Protection has
25 made a payment in lieu of taxes to a governmental entity and
26 subsequently suspended such payment, the department shall
27 reinstitute appropriate payments and continue the payments in
28 consecutive years until the governmental entity has received a
29 total of 10 payments for each tax loss.
30 Section 12. Section 259.035, Florida Statutes, is
31 amended to read:
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1 259.035 Acquisition and Restoration Council.--
2 (1) There is created the Acquisition and Restoration
3 Council.
4 (a) The council shall be composed of nine voting
5 members, four of whom shall be appointed by the Governor.
6 These four appointees shall be from scientific disciplines
7 related to land, water, or environmental sciences. They shall
8 serve 4-year terms, except that, initially, to provide for
9 staggered terms, two of the appointees shall serve 2-year
10 terms. All subsequent appointments shall be for 4-year terms.
11 No appointee shall serve more than 6 years. The Governor may
12 at any time fill a vacancy for the unexpired term of a member
13 appointed under this paragraph.
14 (b) The five remaining appointees shall be composed of
15 the Secretary of Environmental Protection, the director of the
16 Division of Forestry of the Department of Agriculture and
17 Consumer Services, the executive director of the Fish and
18 Wildlife Conservation Commission, the director of the Division
19 of Historical Resources of the Department of State, and the
20 secretary of the Department of Community Affairs, or their
21 respective designees.
22 (c) The Governor shall appoint the chair of the
23 council, and a vice chair shall be elected from among the
24 members.
25 (d) The council shall hold periodic meetings at the
26 request of the chair.
27 (e) The Department of Environmental Protection shall
28 provide primary staff support to the council and shall ensure
29 that council meetings are electronically recorded. Such
30 recording shall be preserved pursuant to chapters 119 and 257.
31 (f) The board of trustees has authority to adopt rules
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1 pursuant to ss. 120.536(1) and 120.54 to implement the
2 provisions of this section.
3 (2) The four members of the council appointed by the
4 Governor shall receive $75 per day while engaged in the
5 business of the council, as well as expenses and per diem for
6 travel, including attendance at meetings, as allowed state
7 officers and employees while in the performance of their
8 duties, pursuant to s. 112.061.
9 (3) The council shall provide assistance to the board
10 of trustees in reviewing the recommendations and plans for
11 state-owned conservation lands required under ss. 253.034 and
12 259.0321 259.032. The council shall, in reviewing such
13 recommendations and plans, consider the optimization of
14 multiple-use and conservation strategies to accomplish the
15 provisions of s. funded pursuant to ss. 259.101(3)(a) and
16 259.105(3)(b).
17 (4) The council may use existing rules adopted by the
18 board of trustees, until it develops and recommends amendments
19 to those rules, to competitively evaluate, select, and rank
20 projects eligible for the Conservation and Recreation Lands
21 list pursuant to ss. 259.032(3) and 259.101(4) and, beginning
22 no later than May 1, 2001, for Florida Forever funds pursuant
23 to s. 259.105(3)(b). In developing or amending the rules, the
24 council shall give weight to the criteria included in s.
25 259.105(10). The board of trustees shall review the
26 recommendations and shall adopt rules necessary to administer
27 this section.
28 (5) An affirmative vote of five members of the council
29 is required in order to change a project boundary or to place
30 a proposed project on a list developed pursuant to subsection
31 (4). Any member of the council who by family or a business
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1 relationship has a connection with all or a portion of any
2 proposed project shall declare the interest before voting on
3 its inclusion on a list.
4 (4)(6) Projects proposed for acquisition The proposal
5 for a project pursuant to this section or s. 259.105(3)(b) may
6 be implemented only if adopted by the council and approved by
7 the board of trustees. The council shall consider and evaluate
8 in writing the merits and demerits of each project that is
9 proposed for Conservation and Recreation Lands, Florida
10 Preservation 2000, or Florida Forever funding and shall ensure
11 that each proposed project will meet a stated public purpose
12 for the restoration, conservation, or preservation of
13 environmentally sensitive lands and water areas or for
14 providing outdoor recreational opportunities. The council also
15 shall determine whether the project conforms, where
16 applicable, with the comprehensive plan developed pursuant to
17 s. 259.04(1)(a), the comprehensive multipurpose outdoor
18 recreation plan developed pursuant to s. 375.021, the state
19 lands management plan adopted pursuant to s. 253.03(7), the
20 water management districts 5-year resources work plans
21 developed pursuant to s. 373.199, and the provisions of s.
22 259.032, s. 259.101, or s. 259.105, whichever is applicable.
23 Section 13. Subsection (1) of section 259.04, Florida
24 Statutes, is amended to read:
25 259.04 Board; powers and duties.--
26 (1) For projects and acquisitions selected for
27 purchase pursuant to ss. 259.035, 259.101, and 259.105:
28 (a) The board is given the responsibility, authority,
29 and power to develop and execute a comprehensive, statewide
30 5-year plan to conserve, restore, and protect environmentally
31 endangered lands, ecosystems, lands necessary for outdoor
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1 recreational needs, and other lands as identified in ss.
2 259.032, 259.101, and 259.105. This plan shall be kept current
3 through continual reevaluation and revision. The Acquisition
4 and Restoration Council created in s. 259.035 advisory council
5 or its successor shall assist the board in the development,
6 reevaluation, and revision of the plan.
7 (b) The board may enter into contracts with the
8 government of the United States or any agency or
9 instrumentality thereof; the state or any county,
10 municipality, district authority, or political subdivision; or
11 any private corporation, partnership, association, or person
12 providing for or relating to the conservation or protection of
13 certain lands in accomplishing the purposes of this chapter.
14 (c) Within 45 days after the Acquisition and
15 Restoration advisory Council or its successor submits the list
16 lists of projects created pursuant to s. 259.105(8) to the
17 board, the board shall approve, in whole or in part, the list
18 lists of projects in the order of priority in which such
19 projects are presented. To the greatest extent practicable,
20 projects on the list lists shall be acquired in their approved
21 order of priority.
22 (d) The board is authorized to acquire, by purchase,
23 gift, or devise or otherwise, the fee title or any lesser
24 interest of lands, water areas, and related resources for
25 environmentally endangered lands.
26 Section 14. Section 259.105, Florida Statutes, is
27 amended to read:
28 259.105 The Florida Forever Act.--
29 (1) This section may be cited as the "Florida Forever
30 Act."
31 (2)(a) The Legislature finds and declares that:
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1 1. The Preservation 2000 program provided tremendous
2 financial resources for purchasing environmentally significant
3 lands to protect those lands from imminent development,
4 thereby assuring present and future generations access to
5 important open spaces and recreation and conservation lands.
6 2. The continued alteration and development of
7 Florida's natural areas to accommodate the state's rapidly
8 growing population have contributed to the degradation of
9 water resources, the fragmentation and destruction of wildlife
10 habitats, the loss of outdoor recreation space, and the
11 diminishment of wetlands, forests, and public beaches.
12 3. The potential development of Florida's remaining
13 natural areas and escalation of land values require a
14 continuation of government efforts to restore, bring under
15 public protection, or acquire lands and water areas to
16 preserve the state's invaluable quality of life.
17 4. Florida's groundwater, surface waters, and springs
18 are under tremendous pressure due to population growth and
19 economic expansion and require special protection and
20 restoration efforts. To ensure that sufficient quantities of
21 water are available to meet the current and future needs of
22 the natural systems and citizens of the state, and assist in
23 achieving the planning goals of the department and the water
24 management districts, water resource development projects on
25 public lands, where compatible with the resource values of and
26 management objectives for the lands, are appropriate.
27 5. The needs of urban Florida for high-quality outdoor
28 recreational opportunities, greenways, trails, and open space
29 have not been fully met by previous acquisition programs.
30 Through such programs as the Florida Communities Trust and the
31 Florida Recreation Development Assistance Program, the state
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1 shall place additional emphasis on acquiring, protecting,
2 preserving, and restoring open space, greenways, and
3 recreation properties within urban areas where pristine
4 natural communities or water bodies no longer exist because of
5 the proximity of developed property.
6 6. Many of Florida's unique ecosystems, such as the
7 Florida Everglades, are facing ecological collapse due to
8 Florida's burgeoning population. To preserve these valuable
9 ecosystems for future generations, parcels of land must be
10 acquired to facilitate ecosystem restoration.
11 7. Access to public lands to support a broad range of
12 outdoor recreational opportunities and the development of
13 necessary infrastructure, where compatible with the resource
14 values of and management objectives for such lands, promotes
15 an appreciation for Florida's natural assets and improves the
16 quality of life.
17 8. Acquisition of lands, in fee simple or in any
18 lesser interest, should be based on a comprehensive assessment
19 of Florida's natural resources and planned so as to protect
20 the integrity of ecological systems and provide multiple
21 benefits, including preservation of fish and wildlife habitat,
22 recreation space for urban as well as rural areas, and water
23 recharge.
24 9. The state has embraced performance-based program
25 budgeting as a tool to evaluate the achievements of publicly
26 funded agencies, build in accountability, and reward those
27 agencies which are able to consistently achieve quantifiable
28 goals. While previous and existing state environmental
29 programs have achieved varying degrees of success, few of
30 these programs can be evaluated as to the extent of their
31 achievements, primarily because performance measures,
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1 standards, outcomes, and goals were not established at the
2 outset. Therefore, the Florida Forever program shall be
3 developed and implemented in the context of measurable state
4 goals and objectives.
5 10. It is the intent of the Legislature to change the
6 focus and direction of the state's major land acquisition
7 programs and to extend funding and bonding capabilities, so
8 that future generations may enjoy the natural resources of
9 Florida.
10 (b) The Legislature recognizes that acquisition is
11 only one way to achieve the aforementioned goals and
12 encourages the development of creative partnerships between
13 governmental agencies and private landowners. Land protection
14 agreements and similar tools should be used, where
15 appropriate, to bring environmentally sensitive tracts under
16 an acceptable level of protection at a lower financial cost to
17 the public, and to provide private landowners with the
18 opportunity to enjoy and benefit from their property.
19 (c) Public agencies or other entities that receive
20 funds under this section are encouraged to better coordinate
21 their expenditures so that project acquisitions, when combined
22 with acquisitions under Preservation 2000, Save Our Rivers,
23 the Florida Communities Trust, and other public land
24 acquisition programs, will form more complete patterns of
25 protection for natural areas and functioning ecosystems, to
26 better accomplish the intent of this section.
27 (d) A long-term financial commitment to managing
28 Florida's public lands must accompany any new land acquisition
29 program to ensure that the natural resource values of such
30 lands are protected, that the public has the opportunity to
31 enjoy the lands to their fullest potential, and that the state
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1 achieves the full benefits of its investment of public
2 dollars.
3 (e) With limited dollars available for restoration and
4 acquisition of land and water areas and for providing
5 long-term management and capital improvements, a competitive
6 selection process can select those projects best able to meet
7 the goals of Florida Forever and maximize the efficient use of
8 the program's funding.
9 (f) To ensure success and provide accountability to
10 the citizens of this state, it is the intent of the
11 Legislature that any bond proceeds used pursuant to this
12 section be used to implement the goals and objectives of this
13 act recommended by the Florida Forever Advisory Council as
14 approved by the Board of Trustees of the Internal Improvement
15 Trust Fund and the Legislature.
16 (g) As it has with previous land acquisition programs,
17 the Legislature recognizes the desires of the citizens of this
18 state to prosper through economic development and to preserve
19 the natural areas and recreational open space of Florida. The
20 Legislature further recognizes the urgency of restoring the
21 natural functions of public lands or water bodies before they
22 are degraded to a point where recovery may never occur, yet
23 acknowledges the difficulty of ensuring adequate funding for
24 restoration efforts in light of other equally critical
25 financial needs of the state. It is the Legislature's desire
26 and intent to fund the implementation of this section and to
27 do so in a fiscally responsible manner, by issuing bonds to be
28 repaid with documentary stamp tax revenue.
29 (h) The Legislature further recognizes the importance
30 of state and federal military installations in protecting and
31 preserving the state and its natural resources, and in
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1 contributing to the economic prosperity of the state. It is
2 therefore the Legislature's intent that where the goals of the
3 Florida Forever program overlap with the protection needs of
4 military installations, agencies receiving funds under the
5 Florida Forever program shall cooperate with the state's
6 military partners to protect and buffer military
7 installations, including areas identified as clear zones,
8 accident potential zones, air installation compatible use
9 zones, and other buffer zones as delineated by the state's
10 military partners.
11 (3) Less the costs of issuing and the costs of funding
12 reserve accounts and other costs associated with bonds, the
13 proceeds of bonds issued pursuant to this section shall be
14 deposited into the Florida Forever Trust Fund created by s.
15 259.1051. The proceeds shall be distributed by the Department
16 of Environmental Protection in the following manner:
17 (a) Thirty-five percent to the Department of
18 Environmental Protection for the acquisition of lands and
19 capital project expenditures necessary to implement the water
20 management districts' priority lists developed pursuant to s.
21 373.199. The funds are to be distributed to the water
22 management districts as provided in subsection (11). A
23 minimum of 50 percent of the total funds provided over the
24 life of the Florida Forever program pursuant to this paragraph
25 shall be used for the acquisition of lands.
26 (b) Thirty-five percent to the Department of
27 Environmental Protection for the acquisition of lands and
28 capital project expenditures described in this section. Of the
29 proceeds distributed pursuant to this paragraph, it is the
30 intent of the Legislature that an increased priority be given
31 to those acquisitions which achieve a combination of
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1 conservation goals, including protecting Florida's water
2 resources and natural groundwater recharge, and those
3 acquisitions which protect and buffer military installations
4 where such needs are delineated by the state's military
5 partners. Capital project expenditures may not exceed 10
6 percent of the funds allocated pursuant to this paragraph.
7 (c) Twenty-two percent to the Department of Community
8 Affairs for use by the Florida Communities Trust for the
9 purposes of part III of chapter 380, as described and limited
10 by this subsection, and grants to local governments or
11 nonprofit environmental organizations that are tax exempt
12 under s. 501(c)(3) of the United States Internal Revenue Code
13 for the acquisition of community-based projects, urban open
14 spaces, parks, and greenways to implement local government
15 comprehensive plans. From funds available to the trust and
16 used for land acquisition, 75 percent shall be matched by
17 local governments on a dollar-for-dollar basis. The
18 Legislature intends that the Florida Communities Trust
19 emphasize funding projects in low-income or otherwise
20 disadvantaged communities. At least 30 percent of the total
21 allocation provided to the trust shall be used in Standard
22 Metropolitan Statistical Areas, but one-half of that amount
23 shall be used in localities in which the project site is
24 located in built-up commercial, industrial, or mixed-use areas
25 and functions to intersperse open spaces within congested
26 urban core areas. From funds allocated to the trust, no less
27 than 5 percent shall be used to acquire lands for recreational
28 trail systems, provided that in the event these funds are not
29 needed for such projects, they will be available for other
30 trust projects. Local governments may use federal grants or
31 loans, private donations, or environmental mitigation funds,
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1 including environmental mitigation funds required pursuant to
2 s. 338.250, for any part or all of any local match required
3 for acquisitions funded through the Florida Communities Trust.
4 Any lands purchased by nonprofit organizations using funds
5 allocated under this paragraph must provide for such lands to
6 remain permanently in public use through a reversion of title
7 to local or state government, conservation easement, or other
8 appropriate mechanism. Projects funded with funds allocated
9 to the Trust shall be selected in a competitive process
10 measured against criteria adopted in rule by the Trust.
11 (d) Two percent to the Department of Environmental
12 Protection for grants to qualified local government entities
13 for the acquisition or development of land for public outdoor
14 recreation purposes pursuant to s. 375.075.
15 (e) One and five-tenths percent to the Department of
16 Environmental Protection for the purchase of inholdings and
17 additions to state parks and for capital project expenditures
18 as described in this section. Capital project expenditures may
19 not exceed 10 percent of the funds allocated under this
20 paragraph. For the purposes of this paragraph, "state park"
21 means any real property in the state which is under the
22 jurisdiction of the Division of Recreation and Parks of the
23 department, or which may come under its jurisdiction.
24 (f) One and five-tenths percent to the Division of
25 Forestry of the Department of Agriculture and Consumer
26 Services to fund the acquisition of state forest inholdings
27 and additions pursuant to s. 589.07, the implementation of
28 reforestation plans or sustainable forestry management
29 practices, and for capital project expenditures as described
30 in this section. Capital project expenditures may not exceed
31 10 percent of the funds allocated under this paragraph.
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1 (g) One and five-tenths percent to the Fish and
2 Wildlife Conservation Commission to fund the acquisition of
3 inholdings and additions to lands managed by the commission
4 which are important to the conservation of fish and wildlife
5 and for capital project expenditures as described in this
6 section. Capital project expenditures may not exceed 10
7 percent of the funds allocated under this paragraph.
8 (h) One and five-tenths percent to the Department of
9 Environmental Protection for the Florida Greenways and Trails
10 Program, to acquire greenways and trails or greenways and
11 trail systems pursuant to chapter 260, including, but not
12 limited to, abandoned railroad rights-of-way and the Florida
13 National Scenic Trail and for capital project expenditures as
14 described in this section. Capital project expenditures may
15 not exceed 10 percent of the funds allocated under this
16 paragraph.
17 (i) It is the intent of the Legislature that proceeds
18 of Florida Forever bonds distributed under this section shall
19 be expended in an efficient and fiscally responsible manner.
20 An agency that receives proceeds from Florida Forever bonds
21 under this section may not maintain a balance of unencumbered
22 funds in its Florida Forever subaccount beyond 3 fiscal years
23 from the date of deposit of funds from each bond issue. Any
24 funds that have not been expended or encumbered after 3 fiscal
25 years from the date of deposit shall be distributed by the
26 Legislature at its next regular session for use in the Florida
27 Forever program.
28 (j)1. For the purposes of paragraphs (d), (e), (f),
29 and (g), the agencies that which receive the funds shall
30 develop their individual acquisition or restoration lists.
31 Proposed additions may be acquired if they are identified
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1 within the original project boundary, the land management plan
2 required pursuant to ss. s. 253.034(5) and 259.0321, or the
3 management prospectus required pursuant to s. 259.0321(2)(a)
4 s. 259.032(9)(d).
5 2. An inholding or an addition to a project selected
6 for purchase as provided under subparagraph 1. is not subject
7 to the selection procedures of this chapter if the estimated
8 value of such inholding or addition does not exceed $500,000.
9 When at least 90 percent of the acreage of a project has been
10 purchased pursuant to this chapter, the project may be removed
11 from the list and the remaining acreage may continue to be
12 purchased.
13 3. Proposed additions of property outside the original
14 project boundary not meeting the requirements of this
15 paragraph shall be submitted to the Acquisition and
16 Restoration Council for approval. The council may only
17 approve the proposed addition if it meets two or more of the
18 following criteria: serves as a link or corridor to other
19 publicly owned property; enhances the protection or management
20 of the property; adds would add a desirable resource to the
21 property; creates would create a more manageable boundary
22 configuration; has a high resource value that is otherwise
23 would be unprotected; or can be acquired at less than fair
24 market value. The board of trustees is directed to adopt rules
25 pursuant to ss. 120.536(1) and 120.54 which govern the
26 acquisition of additions to projects not identified for
27 acquisition pursuant to subparagraph 1.
28 (4) It is the intent of the Legislature that projects
29 or acquisitions funded pursuant to paragraphs (3)(a) and (b)
30 contribute to the achievement of the following goals:
31 (a) Enhance the coordination and completion of land
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1 acquisition projects, as measured by:
2 1. The number of acres acquired through the state's
3 land acquisition programs that contribute to the completion of
4 Florida Preservation 2000 projects or projects begun before
5 Preservation 2000;
6 2. The number of acres protected through the use of
7 alternatives to fee simple acquisition; or
8 3. The number of shared acquisition projects among
9 Florida Forever funding partners and partners with other
10 funding sources, including local governments and the Federal
11 Government.
12 (b) Increase the protection of Florida's biodiversity
13 at the species, natural community, and landscape levels, as
14 measured by:
15 1. The number of acres acquired of significant
16 strategic habitat conservation areas;
17 2. The number of acres acquired of highest priority
18 conservation areas for Florida's rarest species;
19 3. The number of acres acquired of significant
20 landscapes, landscape linkages, and conservation corridors,
21 giving priority to completing linkages;
22 4. The number of acres acquired of underrepresented
23 native ecosystems;
24 5. The number of landscape-sized protection areas of
25 at least 50,000 acres that exhibit a mosaic of predominantly
26 intact or restorable natural communities established through
27 new acquisition projects or augmentations to previous
28 projects; or
29 6. The percentage increase in the number of
30 occurrences of endangered species, threatened species, or
31 species of special concern on publicly managed conservation
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1 areas.
2 (c) Protect, restore, and maintain the quality and
3 natural functions of land, water, and wetland systems of the
4 state, as measured by:
5 1. The number of acres of publicly owned land
6 identified as needing restoration, acres undergoing
7 restoration, and acres with restoration activities completed;
8 2. The percentage of water segments that fully meet,
9 partially meet, or do not meet their designated uses as
10 reported in the Department of Environmental Protection's State
11 Water Quality Assessment 305(b) Report;
12 3. The percentage completion of targeted capital
13 improvements in surface water improvement and management plans
14 created under s. 373.453(2), regional or master stormwater
15 management system plans, or other adopted restoration plans;
16 4. The number of acres acquired that protect natural
17 floodplain functions;
18 5. The number of acres acquired that protect surface
19 waters of the state;
20 6. The number of acres identified for acquisition to
21 minimize damage from flooding and the percentage of those
22 acres acquired;
23 7. The number of acres acquired that protect fragile
24 coastal resources;
25 8. The number of acres of functional wetland systems
26 protected;
27 9. The percentage of miles of critically eroding
28 beaches contiguous with public lands that are restored or
29 protected from further erosion;
30 10. The percentage of public lakes and rivers in which
31 invasive, nonnative aquatic plants are under maintenance
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1 control; or
2 11. The number of acres of public conservation lands
3 in which upland invasive, exotic plants are under maintenance
4 control.
5 (d) Ensure that sufficient quantities of water are
6 available to meet the current and future needs of natural
7 systems and the citizens of the state, as measured by:
8 1. The number of acres acquired which provide
9 retention and storage of surface water in naturally occurring
10 storage areas, such as lakes and wetlands, consistent with the
11 maintenance of water resources or water supplies and
12 consistent with district water supply plans;
13 2. The quantity of water made available through the
14 water resource development component of a district water
15 supply plan for which a water management district is
16 responsible; or
17 3. The number of acres acquired of groundwater
18 recharge areas critical to springs, sinks, aquifers, other
19 natural systems, or water supply.
20 (e) Increase natural resource-based public
21 recreational and educational opportunities, as measured by:
22 1. The number of acres acquired that are available for
23 natural resource-based public recreation or education;
24 2. The miles of trails that are available for public
25 recreation, giving priority to those that provide significant
26 connections including those that will assist in completing the
27 Florida National Scenic Trail; or
28 3. The number of new resource-based recreation
29 facilities, by type, made available on public land.
30 (f) Preserve significant archaeological or historic
31 sites, as measured by:
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1 1. The increase in the number of and percentage of
2 historic and archaeological properties listed in the Florida
3 Master Site File or National Register of Historic Places which
4 are protected or preserved for public use; or
5 2. The increase in the number and percentage of
6 historic and archaeological properties that are in state
7 ownership.
8 (g) Increase the amount of forestland available for
9 sustainable management of natural resources, as measured by:
10 1. The number of acres acquired that are available for
11 sustainable forest management;
12 2. The number of acres of state-owned forestland
13 managed for economic return in accordance with current best
14 management practices;
15 3. The number of acres of forestland acquired that
16 will serve to maintain natural groundwater recharge functions;
17 or
18 4. The percentage and number of acres identified for
19 restoration actually restored by reforestation.
20 (h) Increase the amount of open space available in
21 urban areas, as measured by:
22 1. The percentage of local governments that
23 participate in land acquisition programs and acquire open
24 space in urban cores; or
25 2. The percentage and number of acres of purchases of
26 open space within urban service areas.
27 (i) Recognize the importance of the role military
28 installations play in protecting and preserving the state's
29 natural resources as measured by the percentage and number of
30 acres acquired to protect and buffer military installations.
31
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1 Florida Forever projects and acquisitions funded pursuant to
2 paragraph (3)(c) shall be measured by goals developed by rule
3 by the Florida Communities Trust Governing Board created in s.
4 380.504.
5 (5)(a) All lands acquired pursuant to this section
6 shall be managed for multiple-use purposes, where compatible
7 with the resource values of and management objectives for such
8 lands. As used in this section, "multiple-use" includes, but
9 is not limited to, outdoor recreational activities as
10 described in ss. 253.034 and 259.0321(2)(c) 259.032(9)(b),
11 water resource development projects, and sustainable forestry
12 management.
13 (b) Upon a decision by the entity in which title to
14 lands acquired pursuant to this section has vested, such lands
15 may be designated single use as defined in s. 253.034(2)(b).
16 (6) As provided in this section, A water resource or
17 water supply development project may be allowed only if the
18 following conditions are met: minimum flows and levels have
19 been established for those waters, if any, which may
20 reasonably be expected to experience significant harm to water
21 resources as a result of the project; the project complies
22 with all applicable permitting requirements; and the project
23 is consistent with the regional water supply plan, if any, of
24 the water management district and with relevant recovery or
25 prevention strategies if required pursuant to s. 373.0421(2).
26 (7)(a) Beginning no later than July 1, 2001, and every
27 year thereafter, the Acquisition and Restoration Council shall
28 accept applications from state agencies, local governments,
29 nonprofit and for-profit organizations, private land trusts,
30 and individuals for project proposals eligible for funding
31 pursuant to paragraph (3)(b). The council shall evaluate the
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1 proposals received pursuant to this subsection to ensure that
2 they meet at least one of the criteria under subsection (9).
3 (b) Project applications shall contain, at a minimum,
4 the following:
5 1. A minimum of two numeric performance measures that
6 directly relate to the overall goals adopted by the council.
7 Each performance measure shall include a baseline measurement,
8 which is the current situation; a performance standard which
9 the project sponsor anticipates the project will achieve; and
10 the performance measurement itself, which should reflect the
11 incremental improvements the project accomplishes towards
12 achieving the performance standard.
13 2. Proof that property owners within any proposed
14 acquisition have been notified of their inclusion in the
15 proposed project. Any property owner may request the removal
16 of such property from further consideration by submitting a
17 request to the project sponsor or the Acquisition and
18 Restoration Council by certified mail. Upon receiving this
19 request, the council shall delete the property from the
20 proposed project; however, the board of trustees, at the time
21 it votes to approve the proposed project lists pursuant to
22 subsection (15) (16), may add the property back on to the
23 project lists if at least three members of the board determine
24 it determines by a super majority of its members that such
25 property is critical to achieve the purposes of the project.
26 (c) The title to lands acquired under this section
27 shall vest in the Board of Trustees of the Internal
28 Improvement Trust Fund, except that title to lands acquired by
29 a water management district shall vest in the name of that
30 district and lands acquired by a local government shall vest
31 in the name of the purchasing local government.
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1 (8)(a) The Acquisition and Restoration Council shall
2 develop, at least annually, a project list that must include
3 those projects approved for funding under the Preservation
4 2000 program or earlier conservation programs which were
5 contained on the former Conservation and Recreation Lands
6 list, and shall add those projects submitted for funding
7 pursuant to subsection (7).
8 (b) An affirmative vote of five members of the council
9 is required in order to change a project boundary or add a new
10 project to the list. Any member of the council who through a
11 family or business relationship has a connection with any
12 project proposed to be added to the list shall declare such
13 interest prior to voting for inclusion of that project on the
14 list. The Acquisition and Restoration Council shall develop a
15 project list that shall represent those projects submitted
16 pursuant to subsection (7).
17 (9) The Acquisition and Restoration Council shall
18 develop a grouping process to recommend rules for adoption by
19 the board of trustees to competitively evaluate, select, and
20 rank projects eligible for Florida Forever funds pursuant to
21 subsection (8) paragraph (3)(b) and for additions to the
22 Conservation and Recreation Lands list pursuant to ss. 259.032
23 and 259.101(4). In developing the grouping process, which must
24 be adopted as a rule by the board of trustees these proposed
25 rules, the Acquisition and Restoration Council shall give
26 weight to the following criteria:
27 (a) The project meets multiple goals described in
28 subsection (4).
29 (b) The project is part of an ongoing governmental
30 effort to restore, protect, or develop land areas or water
31 resources.
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1 (c) The project enhances or facilitates management of
2 properties already under public ownership.
3 (d) The project has significant archaeological or
4 historic value.
5 (e) The project has funding sources that are
6 identified and assured through at least the first 2 years of
7 the project.
8 (f) The project contributes to the solution of water
9 resource problems on a regional basis.
10 (g) The project has a significant portion of its land
11 area in imminent danger of development, in imminent danger of
12 losing its significant natural attributes or recreational open
13 space, or in imminent danger of subdivision which would result
14 in multiple ownership and make acquisition of the project
15 costly or less likely to be accomplished.
16 (h) The project implements an element from a plan
17 developed by an ecosystem management team.
18 (i) The project is one of the components of the
19 Everglades restoration effort.
20 (j) The project may be purchased at 80 percent of
21 appraised value.
22 (k) The project may be acquired, in whole or in part,
23 using alternatives to fee simple, including but not limited
24 to, purchase of development rights, hunting rights,
25 agricultural or silvicultural rights, or mineral rights or
26 obtaining conservation easements or flowage easements.
27 (l) The project is a joint acquisition, either among
28 public agencies, nonprofit organizations, or private entities,
29 or by a public-private partnership.
30 (10) The Acquisition and Restoration Council shall
31 give increased priority to those projects for which matching
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1 funds are available and to project elements previously
2 identified on an acquisition list pursuant to this section
3 that can be acquired at 80 percent or less of appraised value.
4 Where the goals of the Florida Forever program overlap with
5 the protection needs of military installations, the council
6 shall also give increased priority to projects that protect
7 and buffer military installations and areas identified as
8 clear zones, accident potential zones, air installation
9 compatible use zones, or other buffer zones delineated by the
10 state's military partners.
11 (11) For the purposes of funding projects pursuant to
12 paragraph (3)(a), the Secretary of Environmental Protection
13 shall ensure that each water management district receives the
14 following percentage of funds annually:
15 (a) Thirty-five percent to the South Florida Water
16 Management District, of which amount $25 million for 2 years
17 beginning in fiscal year 2000-2001 shall be transferred by the
18 Department of Environmental Protection into the Save Our
19 Everglades Trust Fund and shall be used exclusively to
20 implement the comprehensive plan under s. 373.470.
21 (b) Twenty-five percent to the Southwest Florida Water
22 Management District.
23 (c) Twenty-five percent to the St. John's River Water
24 Management District.
25 (d) Seven and one-half percent to the Suwannee River
26 Water Management District.
27 (e) Seven and one-half percent to the Northwest
28 Florida Water Management District.
29 (12) It is the intent of the Legislature that in
30 developing the list of projects for funding pursuant to
31 paragraph (3)(a), that these funds not be used to abrogate the
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1 financial responsibility of those point and nonpoint sources
2 that have contributed to the degradation of water or land
3 areas. Therefore, an increased priority shall be given by the
4 water management district governing boards to those projects
5 that have secured a cost-sharing agreement allocating
6 responsibility for the cleanup of point and nonpoint sources.
7 (13) An affirmative vote of five members of the
8 Acquisition and Restoration Council shall be required in order
9 to place a proposed project on the list developed pursuant to
10 subsection (8). Any member of the council who by family or a
11 business relationship has a connection with any project
12 proposed to be ranked shall declare such interest prior to
13 voting for a project's inclusion on the list.
14 (13)(14) Each year that bonds are to be issued
15 pursuant to this section, the Acquisition and Restoration
16 Council shall review the most current approved project list
17 and shall, by the first board meeting in May, present to the
18 Board of Trustees of the Internal Improvement Trust Fund for
19 approval a priority list listing of projects developed
20 pursuant to subsection (8). The board of trustees may remove
21 projects from the list developed pursuant to this subsection,
22 but may not add projects or rearrange project rankings. The
23 list approved by the board shall be named the Florida Forever
24 list and shall be the only list designating conservation
25 properties to be acquired by the state or any of its agencies
26 or designees under the Florida Forever program.
27 (14)(15) The Acquisition and Restoration Council shall
28 at least annually submit to the board of trustees, with its
29 list of projects, a report that includes, but shall not be
30 limited to, the following information for each project listed:
31 (a) The stated purpose for inclusion.
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1 (b) Projected costs to achieve the project goals.
2 (c) An interim management budget.
3 (d) Specific performance measures.
4 (e) Plans for public access.
5 (f) An identification of the essential parcel or
6 parcels within the project without which the project cannot be
7 properly managed.
8 (g) Where applicable, an identification of those
9 projects or parcels within projects which should be acquired
10 in fee simple or in less than fee simple.
11 (h) An identification of those lands being purchased
12 for conservation purposes.
13 (i) A management policy statement for the project and
14 a management prospectus pursuant to s. 259.0321(2)(a) s.
15 259.032(9)(d).
16 (j) An estimate of land value based on county tax
17 assessed values.
18 (k) A map delineating project boundaries.
19 (l) An assessment of the project's ecological value,
20 outdoor recreational value, forest resources, wildlife
21 resources, ownership pattern, utilization, and location.
22 (m) A discussion of whether alternative uses are
23 proposed for the property and what those uses are.
24 (n) A designation of the management agency or
25 agencies.
26 (15)(16) All proposals for projects pursuant to
27 subsection (7) paragraph (3)(b) or subsection (20) shall be
28 implemented only if adopted by the Acquisition and Restoration
29 Council and approved by the board of trustees. The council
30 shall consider and evaluate in writing the merits and demerits
31 of each project that is proposed for Florida Forever funding
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1 and each proposed addition to the Conservation and Recreation
2 Lands list program. The council shall ensure that each
3 proposed project will meet a stated public purpose for the
4 restoration, conservation, or preservation of environmentally
5 sensitive lands and water areas or for providing outdoor
6 recreational opportunities and that each proposed addition to
7 the Conservation and Recreation Lands list will meet the
8 public purposes under s. 259.032(3) and, when applicable, s.
9 259.101(4). The council also shall determine whether the
10 project or addition conforms, where applicable, with the
11 comprehensive plan developed pursuant to s. 259.04(1)(a), the
12 comprehensive multipurpose outdoor recreation plan developed
13 pursuant to s. 375.021, the state lands management plan
14 adopted pursuant to s. 253.03(7), the water management
15 district resources work plans developed pursuant to s.
16 373.199, and the provisions of this section.
17 (16)(17)(a) The Board of Trustees of the Internal
18 Improvement Trust Fund, or, in the case of water management
19 district lands, the owning water management district, may
20 authorize the granting of a lease, easement, or license for
21 the use of certain lands acquired pursuant to this section,
22 for certain uses that are determined by the appropriate board
23 to be compatible with the resource values of and management
24 objectives for such lands.
25 (b) Any existing lease, easement, or license acquired
26 for incidental public or private use on, under, or across any
27 lands acquired pursuant to this section shall be presumed to
28 be compatible with the purposes for which such lands were
29 acquired.
30 (c) Notwithstanding the provisions of paragraph (a),
31 no such lease, easement, or license shall be entered into by
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1 the Department of Environmental Protection or other
2 appropriate state agency if the granting of such lease,
3 easement, or license would adversely affect the exclusion of
4 the interest on any revenue bonds issued to fund the
5 acquisition of the affected lands from gross income for
6 federal income tax purposes, pursuant to Internal Revenue
7 Service regulations.
8 (17)(18) The Acquisition and Restoration Council shall
9 recommend adoption of rules by the board of trustees necessary
10 to implement the provisions of this section relating to:
11 solicitation, scoring, selecting, and ranking of Florida
12 Forever project proposals; disposing of or leasing lands or
13 water areas selected for funding through the Florida Forever
14 program; and the process of reviewing and recommending for
15 approval or rejection the land management plans associated
16 with publicly owned properties. Rules promulgated pursuant to
17 this subsection shall be submitted to the President of the
18 Senate and the Speaker of the House of Representatives, for
19 review by the Legislature, no later than 30 days prior to the
20 2001 Regular Session and shall become effective only after
21 legislative review. In its review, the Legislature may reject,
22 modify, or take no action relative to such rules. The board of
23 trustees shall conform such rules to changes made by the
24 Legislature, or, if no action was taken by the Legislature,
25 such rules shall become effective.
26 (18)(19) Lands listed as projects for acquisition
27 under the Florida Forever program may be managed for
28 conservation pursuant to s. 259.0321 s. 259.032, on an interim
29 basis by a private party in anticipation of a state purchase
30 in accordance with a contractual arrangement between the
31 acquiring agency and the private party that may include
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1 management service contracts, leases, cost-share arrangements,
2 or resource conservation agreements. Lands designated as
3 eligible under this subsection shall be managed to maintain or
4 enhance the resources the state is seeking to protect by
5 acquiring the land. Funding for these contractual arrangements
6 may originate from the documentary stamp tax revenue deposited
7 into the Conservation and Recreation Lands Trust Fund and
8 Water Management Lands Trust Fund. No more than 5 percent of
9 funds allocated under the trust funds shall be expended for
10 this purpose.
11 (20) The Acquisition and Restoration Council, as
12 successors to the Land Acquisition and Management Advisory
13 Council, may amend existing Conservation and Recreation Lands
14 projects and add to or delete from the 2000 Conservation and
15 Recreation Lands list until funding for the Conservation and
16 Recreation Lands program has been expended. The amendments to
17 the 2000 Conservation and Recreation Lands list will be
18 reported to the board of trustees in conjunction with the
19 council's report developed pursuant to subsection (15).
20 Section 15. Subsection (13) of section 201.15, Florida
21 Statutes, is amended to read:
22 201.15 Distribution of taxes collected.--All taxes
23 collected under this chapter shall be distributed as follows
24 and shall be subject to the service charge imposed in s.
25 215.20(1), except that such service charge shall not be levied
26 against any portion of taxes pledged to debt service on bonds
27 to the extent that the amount of the service charge is
28 required to pay any amounts relating to the bonds:
29 (13) The distribution of proceeds deposited into the
30 Water Management Lands Trust Fund and the Conservation and
31 Recreation Lands Trust Fund, pursuant to subsections (4) and
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1 (5), shall not be used for land acquisition, but may be used
2 for preacquisition costs associated with land purchases. The
3 Legislature intends that the Florida Forever program supplant
4 the acquisition programs formerly authorized under s. ss.
5 259.032, as established in chapter 94-240, Laws of Florida,
6 and s. 373.59. Prior to the 2005 Regular Session of the
7 Legislature, the Acquisition and Restoration Council shall
8 review and make recommendations to the Legislature concerning
9 the need to repeal this provision. Based on these
10 recommendations, the Legislature shall review the need to
11 repeal this provision during the 2005 Regular Session.
12 Section 16. Effective July 1, 2007, subsection (13) of
13 section 201.15, Florida Statutes, as amended by section 1 of
14 chapter 2005-92, Laws of Florida, is amended to read:
15 201.15 Distribution of taxes collected.--All taxes
16 collected under this chapter shall be distributed as follows
17 and shall be subject to the service charge imposed in s.
18 215.20(1), except that such service charge shall not be levied
19 against any portion of taxes pledged to debt service on bonds
20 to the extent that the amount of the service charge is
21 required to pay any amounts relating to the bonds:
22 (13) The distribution of proceeds deposited into the
23 Water Management Lands Trust Fund and the Conservation and
24 Recreation Lands Trust Fund, pursuant to subsections (4) and
25 (5), shall not be used for land acquisition, but may be used
26 for preacquisition costs associated with land purchases. The
27 Legislature intends that the Florida Forever program supplant
28 the acquisition programs formerly authorized under s. ss.
29 259.032, as established in chapter 94-240, Laws of Florida,
30 and s. 373.59. Prior to the 2005 Regular Session of the
31 Legislature, the Acquisition and Restoration Council shall
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1 review and make recommendations to the Legislature concerning
2 the need to repeal this provision. Based on these
3 recommendations, the Legislature shall review the need to
4 repeal this provision during the 2005 Regular Session.
5 Section 17. Paragraph (b) of subsection (5) of section
6 253.027, Florida Statutes, is amended to read:
7 253.027 Emergency archaeological property
8 acquisition.--
9 (5) ACCOUNT EXPENDITURES.--
10 (b) No moneys shall be spent from the account for
11 excavation or restoration of the properties acquired. Funds
12 may be spent for preliminary surveys to determine if the sites
13 meet the criteria of this section. An amount not to exceed
14 $100,000 may also be spent from the account to inventory and
15 evaluate archaeological and historic resources on properties
16 purchased, or proposed for purchase, pursuant to s. 259.105 s.
17 259.032.
18 Section 18. Subsections (1) and (4) of section
19 259.036, Florida Statutes, are amended to read:
20 259.036 Management review teams.--
21 (1) To determine whether conservation, preservation,
22 and recreation lands titled in the name of the Board of
23 Trustees of the Internal Improvement Trust Fund are being
24 managed for the purposes for which they were acquired and in
25 accordance with a land management plan adopted pursuant to s.
26 259.0321 s. 259.032, the board of trustees, acting through the
27 Department of Environmental Protection, shall cause periodic
28 management reviews to be conducted as follows:
29 (a) The department shall establish a regional land
30 management review team composed of the following members:
31 1. One individual who is from the county or local
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1 community in which the parcel or project is located and who is
2 selected by the county commission in the county which is most
3 impacted by the acquisition.
4 2. One individual from the Division of Recreation and
5 Parks of the department.
6 3. One individual from the Division of Forestry of the
7 Department of Agriculture and Consumer Services.
8 4. One individual from the Fish and Wildlife
9 Conservation Commission.
10 5. One individual from the department's district
11 office in which the parcel is located.
12 6. A private land manager mutually agreeable to the
13 state agency representatives.
14 7. A member of the local soil and water conservation
15 district board of supervisors.
16 8. A member of a conservation organization.
17 (b) The staff of the Division of State Lands shall act
18 as the review team coordinator for the purposes of
19 establishing schedules for the reviews and other staff
20 functions. The Legislature shall appropriate funds necessary
21 to implement land management review team functions.
22 (4) In the event a land management plan has not been
23 adopted within the timeframes specified in s. 259.0321(3) s.
24 259.032(10), the department may direct a management review of
25 the property, to be conducted by the land management review
26 team. The review shall consider the extent to which the land
27 is being managed for the purposes for which it was acquired
28 and the degree to which actual management practices are in
29 compliance with the management policy statement and management
30 prospectus for that property.
31 Section 19. Subsection (3) of section 259.101, Florida
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1 Statutes, is amended to read:
2 259.101 Florida Preservation 2000 Act.--
3 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
4 costs of issuance, the costs of funding reserve accounts, and
5 other costs with respect to the bonds, the proceeds of bonds
6 issued pursuant to this act shall be deposited into the
7 Florida Preservation 2000 Trust Fund created by s. 375.045. In
8 fiscal year 2000-2001, for each Florida Preservation 2000
9 program described in paragraphs (a)-(g), that portion of each
10 program's total remaining cash balance which, as of June 30,
11 2000, is in excess of that program's total remaining
12 appropriation balances shall be redistributed by the
13 department and deposited into the Save Our Everglades Trust
14 Fund for land acquisition. For purposes of calculating the
15 total remaining cash balances for this redistribution, the
16 Florida Preservation 2000 Series 2000 bond proceeds, including
17 interest thereon, and the fiscal year 1999-2000 General
18 Appropriations Act amounts shall be deducted from the
19 remaining cash and appropriation balances, respectively. The
20 remaining proceeds shall be distributed by the Department of
21 Environmental Protection in the following manner:
22 (a) Fifty percent to the Department of Environmental
23 Protection for the purchase of public lands as described in s.
24 259.032 as established in chapter 94-240, Laws of Florida. Of
25 this 50 percent, at least one-fifth shall be used for the
26 acquisition of coastal lands.
27 (b) Thirty percent to the Department of Environmental
28 Protection for the purchase of water management lands pursuant
29 to s. 373.59, to be distributed among the water management
30 districts as provided in that section. Funds received by each
31 district may also be used for acquisition of lands necessary
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1 to implement surface water improvement and management plans or
2 for acquisition of lands necessary to implement the Everglades
3 Construction Project authorized by s. 373.4592.
4 (c) Ten percent to the Department of Community Affairs
5 to provide land acquisition grants and loans to local
6 governments through the Florida Communities Trust pursuant to
7 part III of chapter 380. From funds allocated to the trust,
8 $3 million annually shall be used by the Division of State
9 Lands within the Department of Environmental Protection to
10 implement the Green Swamp Land Protection Initiative
11 specifically for the purchase of conservation easements, as
12 defined in s. 380.0677(4), of lands, or severable interests or
13 rights in lands, in the Green Swamp Area of Critical State
14 Concern. From funds allocated to the trust, $3 million
15 annually shall be used by the Monroe County Comprehensive Plan
16 Land Authority specifically for the purchase of any real
17 property interest in either those lands subject to the Rate of
18 Growth Ordinances adopted by local governments in Monroe
19 County or those lands within the boundary of an approved
20 Conservation and Recreation Lands project located within the
21 Florida Keys or Key West Areas of Critical State Concern;
22 however, title to lands acquired within the boundary of an
23 approved Conservation and Recreation Lands project may, in
24 accordance with an approved joint acquisition agreement, vest
25 in the Board of Trustees of the Internal Improvement Trust
26 Fund. Of the remaining funds allocated to the trust after the
27 above transfers occur, one-half shall be matched by local
28 governments on a dollar-for-dollar basis. To the extent
29 allowed by federal requirements for the use of bond proceeds,
30 the trust shall expend Preservation 2000 funds to carry out
31 the purposes of part III of chapter 380.
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1 (d) Two and nine-tenths percent to the Department of
2 Environmental Protection for the purchase of inholdings and
3 additions to state parks. For the purposes of this paragraph,
4 "state park" means all real property in the state under the
5 jurisdiction of the Division of Recreation and Parks of the
6 department, or which may come under its jurisdiction.
7 (e) Two and nine-tenths percent to the Division of
8 Forestry of the Department of Agriculture and Consumer
9 Services to fund the acquisition of state forest inholdings
10 and additions pursuant to s. 589.07.
11 (f) Two and nine-tenths percent to the Fish and
12 Wildlife Conservation Commission to fund the acquisition of
13 inholdings and additions to lands managed by the commission
14 which are important to the conservation of fish and wildlife.
15 (g) One and three-tenths percent to the Department of
16 Environmental Protection for the Florida Greenways and Trails
17 Program, to acquire greenways and trails or greenways and
18 trails systems pursuant to chapter 260, including, but not
19 limited to, abandoned railroad rights-of-way and the Florida
20 National Scenic Trail.
21
22 Local governments may use federal grants or loans, private
23 donations, or environmental mitigation funds, including
24 environmental mitigation funds required pursuant to s.
25 338.250, for any part or all of any local match required for
26 the purposes described in this subsection. Bond proceeds
27 allocated pursuant to paragraph (c) may be used to purchase
28 lands on the priority lists developed pursuant to s. 259.105
29 s. 259.035. Title to lands purchased pursuant to paragraphs
30 (a), (d), (e), (f), and (g) shall be vested in the Board of
31 Trustees of the Internal Improvement Trust Fund. Title to
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1 lands purchased pursuant to paragraph (c) may be vested in the
2 Board of Trustees of the Internal Improvement Trust Fund. The
3 board of trustees shall hold title to land protection
4 agreements and conservation easements that were or will be
5 acquired pursuant to s. 380.0677, and the Southwest Florida
6 Water Management District and the St. Johns River Water
7 Management District shall monitor such agreements and
8 easements within their respective districts until the state
9 assumes this responsibility.
10 Section 20. Subsection (1) of section 259.1051,
11 Florida Statutes, is amended to read:
12 259.1051 Florida Forever Trust Fund.--
13 (1) There is created the Florida Forever Trust Fund to
14 carry out the purposes of s. ss. 259.032, as established in
15 chapter 94-240, Laws of Florida, and ss. 259.105, and 375.031.
16 The Florida Forever Trust Fund shall be held and administered
17 by the Department of Environmental Protection. Proceeds from
18 the sale of bonds, except proceeds of refunding bonds, issued
19 under s. 215.618 and payable from moneys transferred to the
20 Land Acquisition Trust Fund under s. 201.15(1)(a), not to
21 exceed $3 billion, must be deposited into this trust fund to
22 be distributed and used as provided in s. 259.105(3). The bond
23 resolution adopted by the governing board of the Division of
24 Bond Finance of the State Board of Administration may provide
25 for additional provisions that govern the disbursement of the
26 bond proceeds.
27 Section 21. Paragraph (c) of subsection (1) of section
28 260.015, Florida Statutes, are amended to read:
29 260.015 Acquisition of land.--
30 (1) The department is authorized to acquire by gift or
31 purchase the fee simple absolute title or any lesser interest
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1 in land, including easements, for the purposes of this chapter
2 pursuant to the provisions of chapter 375, except that:
3 (c) Projects acquired under this chapter shall not be
4 subject to the evaluation and selection procedures of s.
5 259.105 s. 259.035, regardless of the estimated value of such
6 projects. All projects shall be acquired in accordance with
7 the acquisition procedures of chapter 259, except that the
8 department may use the appraisal procedure used by the
9 Department of Transportation to acquire transportation
10 rights-of-way.
11 Section 22. Section 375.045, Florida Statutes, is
12 amended to read:
13 375.045 Florida Preservation 2000 Trust Fund.--
14 (1) There is created the Florida Preservation 2000
15 Trust Fund to carry out the purposes of s. ss. 259.032, as
16 established in chapter 94-240, Laws of Florida, and ss.
17 259.101, and 375.031. The Florida Preservation 2000 Trust Fund
18 shall be held and administered by the Department of
19 Environmental Protection. Proceeds from the sale of revenue
20 bonds issued pursuant to s. 375.051 and payable from moneys
21 transferred to the Land Acquisition Trust Fund pursuant to s.
22 201.15(1)(a), not to exceed $3 billion, shall be deposited
23 into this trust fund to be distributed as provided in s.
24 259.101(3). The bond resolution adopted by the governing board
25 of the Division of Bond Finance may provide for additional
26 provisions that govern the disbursement of the bond proceeds.
27 (2) The Department of Environmental Protection shall
28 distribute revenues from the Florida Preservation 2000 Trust
29 Fund only to programs of state agencies or local governments
30 as set out in s. 259.101(3). Excluding distributions to the
31 Save Our Everglades Trust Fund, such distributions shall be
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1 spent by the recipient within 90 days after the date on which
2 the Department of Environmental Protection initiates the
3 transfer.
4 (3) Any agency or district which acquires lands using
5 Preservation 2000 funds, as distributed pursuant to this
6 section and s. 259.101(3), shall manage the lands to make them
7 available for public recreational use, provided that the
8 recreational use does not interfere with the protection of
9 natural resource values. Any such agency or district may enter
10 into agreements with the Department of Environmental
11 Protection or other appropriate state agencies to transfer
12 management authority to or to lease to such agencies lands
13 purchased with Preservation 2000 funds, for the purpose of
14 managing the lands to make them available for public
15 recreational use. The water management districts and the
16 Department of Environmental Protection shall take action to
17 control the growth of nonnative invasive plant species on
18 lands they manage which are purchased with Preservation 2000
19 funds.
20 (4) The Department of Environmental Protection shall
21 ensure that the proceeds from the sale of revenue bonds issued
22 pursuant to s. 375.051 and payable from moneys transferred to
23 the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a)
24 shall be administered and expended in a manner that ensures
25 compliance of each issue of revenue bonds that are issued on
26 the basis that interest thereon will be excluded from gross
27 income for federal income tax purposes, with the applicable
28 provisions of the United States Internal Revenue Code and the
29 regulations promulgated thereunder, to the extent necessary to
30 preserve the exclusion of interest on such revenue bonds from
31 gross income for federal income tax purposes. The Department
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1 of Environmental Protection shall have the authority to
2 administer the use and disbursement of the proceeds of such
3 revenue bonds or require that the use and disbursement thereof
4 be administered in such a manner as shall be necessary to
5 implement strategies to maximize any available benefits under
6 the applicable provisions of the United States Internal
7 Revenue Code or regulations promulgated thereunder, to the
8 extent not inconsistent with the purposes identified in s.
9 259.101(3).
10 (5) For the 2004-2005 fiscal year only, any
11 unobligated moneys in the Florida Preservation 2000 Trust Fund
12 resulting from interest earnings and from reversions of prior
13 appropriations to any agency may be appropriated to the
14 Florida Forever Trust Fund for use pursuant to s. 259.1051.
15 This subsection expires July 1, 2005.
16
17 Upon a determination by the Department of Environmental
18 Protection that proceeds being held in the trust fund to
19 support distributions outside the Department of Environmental
20 Protection are not likely to be disbursed in accordance with
21 the foregoing considerations, the Department of Environmental
22 Protection shall petition the Governor and Cabinet to allow
23 for the immediate disbursement of such funds for the
24 acquisition of projects approved for purchase pursuant to the
25 provisions of chapter 259.
26 Section 23. Subsection (13) of section 380.0666,
27 Florida Statutes, is amended to read:
28 380.0666 Powers of land authority.--The land authority
29 shall have all the powers necessary or convenient to carry out
30 and effectuate the purposes and provisions of this act,
31 including the following powers, which are in addition to all
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1 other powers granted by other provisions of this act:
2 (13) To identify parcels of land within the area or
3 areas of critical state concern that would be appropriate
4 acquisitions by the state from the Florida Forever
5 Conservation and Recreational Lands Trust Fund and recommend
6 such acquisitions to the advisory council established pursuant
7 to s. 259.035 or its successor.
8 Section 24. Sections 253,421, 253,422, 270.07, and
9 270.08, Florida Statutes, are repealed.
10 Section 25. Except as otherwise expressly provided in
11 this act, this act shall take effect July 1, 2006.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 Delete everything before the enacting clause
17
18 and insert:
19 A bill to be entitled
20 An act relating to state lands; amending s.
21 253.002, F.S.; clarifying the duties of the
22 Department of Environmental Protection, the
23 water management districts, and the Department
24 of Agriculture and Consumer Services with
25 respect to state lands; authorizing the Board
26 of Trustees of the Internal Improvement Trust
27 Fund to delegate certain duties; amending s.
28 253.025, F.S.; conforming a cross-reference;
29 amending s. 253.03, F.S., relating to the
30 administration of state lands by the board of
31 trustees; requiring that an inventory of
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1 publicly owned lands identify lands exchanged
2 by the state and surplus lands sold by the
3 state; requiring the Department of Revenue to
4 submit current tax roll data to the board of
5 trustees and to the Division of State Lands to
6 be used for inventory purposes; amending s.
7 253.034, F.S.; reorganizing provisions for
8 clarity; revising and providing definitions;
9 clarifying requirements for the use of lands
10 acquired for greenways and trails; requiring
11 that all management agreements, leases, or
12 other instruments authorizing the use of state
13 lands be reviewed by the board of trustees or
14 its designee; authorizing the Division of State
15 Lands to review subleases for conservation
16 lands less than 160 acres in size; providing
17 for the Acquisition and Restoration Council to
18 review only land management plans for
19 conservation lands; revising requirements
20 relating to the disposal of state lands;
21 requiring that state lands determined to be
22 eligible for sale by the board of trustees be
23 designated as surplus lands; providing that
24 lands determined by the board to be eligible
25 for exchange may not be designated as surplus
26 lands; requiring that the sale or exchange of
27 state conservation lands result in a net
28 positive conservation benefit; authorizing the
29 Division of State Lands to recommend the sale
30 or exchange of nonconservation lands directly
31 to the board of trustees; providing presumption
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1 that nonconservation lands are surplus lands;
2 requiring the Division of State Lands to
3 recommend to the board the sale or exchange of
4 nonconservation lands; providing an exception;
5 authorizing the Acquisition and Restoration
6 Council to recommend to the board of trustees
7 that the sale or management of state
8 conservation lands is more appropriate to a
9 county or other unit of local government;
10 expanding the purposes for which a county or
11 local government may use lands purchased from
12 or exchanged with the state; providing for the
13 Division of State Lands to recommend to the
14 board of trustees that the sale or management
15 of nonconservation lands is more appropriate to
16 a county or other unit of local government;
17 providing that local government uses of
18 nonconservation lands may not be limited by the
19 board of trustees; requiring that all requests
20 for the sale or exchange of state lands be
21 submitted in writing to the lead managing
22 agency; requiring that requests be reviewed by
23 the lead managing agency within a specified
24 timeframe; establishing a process for the
25 Division of State Lands or the Acquisition and
26 Restoration Council to hear requests not heard
27 by the lead managing agency in a timely
28 fashion; requiring that the denial of all
29 requests be made in writing and include the
30 reason for denial; requiring that the Division
31 of State Lands keep records documenting all
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1 requests for the sale or exchange of state
2 lands; providing circumstances in which state
3 lands being sold or exchanged need not be
4 offered first to local or state governments;
5 requiring state agencies collecting information
6 that may be useful to the Division of State
7 Lands in preparing the state inventory of lands
8 to share that information with the division;
9 requiring that the state inventory of lands be
10 completed by a specified date; removing
11 obsolete language; amending s. 253.0341, F.S.;
12 providing for requests by counties and units of
13 local government for the sale or exchange of
14 state lands to be submitted in writing to the
15 board of trustees; authorizing the board of
16 trustees to sell or exchange state
17 nonconservation lands without a review by the
18 Division of State Lands; removing the authority
19 of the Acquisition and Restoration Council to
20 review the requests; requiring submission of
21 requests within a certain period of time;
22 providing an exception for property being
23 offered for sale or exchange by the state to a
24 county or unit of local government under
25 certain conditions; amending s. 253.111, F.S.;
26 revising certain inconsistent requirements in
27 notice provisions; amending s. 253.115, F.S.;
28 clarifying the requirements for public notice
29 and hearing prior to the sale, exchange, lease,
30 or grants of easement on, over, under, and
31 above state lands; amending s. 253.42, F.S.;
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1 revising requirements for the exchange of state
2 lands by the board of trustees; providing for
3 the uses of exchanged lands by counties and
4 units of local government; providing that board
5 of trustees' rules may not limit the use of
6 exchanged lands by a county or unit of local
7 government; amending s. 259.032, F.S.; deleting
8 obsolete provisions relating to land
9 acquisitions; deleting provisions relating to
10 land management and payments in lieu of taxes;
11 clarifying that the board of trustees rather
12 than the Legislature may authorize the
13 department to pursue condemnation of property;
14 creating s. 259.0321, F.S.; establishing
15 additional procedures governing the management
16 of conservation lands; clarifying conditions
17 under which certain moneys in the Conservation
18 and Recreation Lands Trust Fund may be used for
19 management, maintenance, capital improvements,
20 and contractual services for conservation
21 lands; amending s. 259.0322, F.S.; providing
22 for payment in lieu of taxes to qualifying
23 counties and local governments; establishing
24 qualifications; providing conditions on which
25 payments are based; amending s. 259.035, F.S.;
26 clarifying a requirement that the Acquisition
27 and Restoration Council provide assistance to
28 the board of trustees in reviewing plans for
29 state conservation lands; deleting duplicative
30 rulemaking authority; amending s. 259.04, F.S.;
31 deleting obsolete provisions; clarifying a
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1 requirement that the Acquisition and
2 Restoration Council or its successor provide
3 assistance to the board of trustees; amending
4 s. 259.105, F.S., relating to the Florida
5 Forever program; revising requirements for the
6 acquisition of inholdings and additions;
7 providing rulemaking authority to the board of
8 trustees; revising requirements for the
9 development of a project acquisition list;
10 recognizing the importance of military
11 installations in the state; requiring the
12 Acquisition and Restoration Council to give
13 increased priority to projects that buffer
14 military installations and other delineated
15 areas; deleting obsolete provisions; conforming
16 cross-references; amending ss. 201.15, 253.027,
17 259.036, 259.101, 259.1051, 260.015, 375.045,
18 and 380.0666, F.S., clarifying certain
19 references and conforming cross-references to
20 changes made by the act; repealing ss. 253.421,
21 253.422, 270.07, and 270.08, F.S., relating to
22 lands proposed for exchange considered of equal
23 value; "Chapman Exchange" lands; the sale of
24 certain public lands without notice, notice
25 requirements for the sale of public lands;
26 providing an effective date.
27
28
29
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31
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