Senate Bill sb2070

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    Florida Senate - 2006                                  SB 2070

    By the Committee on Environmental Preservation





    592-1554B-06

  1                      A bill to be entitled

  2         An act relating to state lands; amending s.

  3         253.002, F.S.; clarifying the duties of the

  4         Department of Environmental Protection, the

  5         water management districts, and the Department

  6         of Agriculture and Consumer Services with

  7         respect to state lands; authorizing the Board

  8         of Trustees of the Internal Improvement Trust

  9         Fund to delegate certain duties; amending s.

10         253.025, F.S.; revising the requirements

11         governing the acquisition of state lands to

12         include procedures for acquiring state

13         conservation lands; revising appraisal

14         requirements to provide for two appraisals for

15         property valued at more than $1 million;

16         providing that the state is not required to

17         appraise the value of donated lands;

18         authorizing the Department of Environmental

19         Protection to disclose certain appraisal

20         reports; requiring a general field inspection

21         of property when proposed purchases exceed

22         $500,000; expanding the real estate services

23         that the board of trustees may obtain by

24         contract; authorizing the board of trustees to

25         approve the acquisition of lands for which the

26         purchase price does not exceed 150 percent of

27         appraised value; authorizing state agencies

28         that purchase property to offer up to 110

29         percent of appraised value; requiring that

30         contracts for the purchase of property

31         exceeding more than 50 percent of funds

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    Florida Senate - 2006                                  SB 2070
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 1         allocated to the department under the Florida

 2         Forever program be ratified by the Legislature;

 3         amending s. 253.03, F.S., relating to the

 4         administration of state lands by the board of

 5         trustees; establishing that rules adopted by

 6         the board of trustees may not authorize the

 7         acquisition of property for more than a certain

 8         appraised value; prohibiting the board of

 9         trustees from modifying or waiving the

10         restriction on the purchase price to acquire

11         lands; requiring that an inventory of publicly

12         owned lands identify lands exchanged by the

13         state and surplus lands sold by the state;

14         requiring that the Department of Revenue submit

15         current tax roll data to the board of trustees

16         and to the Division of State Lands to be used

17         for inventory purposes; amending s. 253.034,

18         F.S.; revising definitions; clarifying

19         requirements for the use of lands acquired for

20         greenways and trails; requiring that all

21         management agreements, leases, or other

22         instruments authorizing the use of state lands

23         be reviewed by the board of trustees or its

24         designees; authorizing the Division of State

25         Lands to review subleases for conservation

26         lands less than 160 acres in size; providing

27         for the Acquisition and Restoration Council to

28         review only land management plans for

29         conservation lands; revising requirements

30         relating to the disposal of state lands;

31         requiring that state lands determined to be

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    Florida Senate - 2006                                  SB 2070
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 1         eligible for sale by the board of trustees be

 2         designated as surplus lands; providing that

 3         lands determined by the board to be eligible

 4         for exchange may not be designated as surplus

 5         lands; requiring that the sale or exchange of

 6         state conservation lands result in a net

 7         positive conservation benefit; authorizing the

 8         Division of State Lands to recommend the sale

 9         or exchange of nonconservation lands directly

10         to the board of trustees; authorizing the

11         Acquisition and Restoration Council to

12         recommend to the board of trustees that the

13         sale or management of state conservation lands

14         is more appropriate to a county or other unit

15         of local government; expanding the purposes for

16         which a county or local government may use

17         lands purchased from or exchanged with the

18         state; providing for the Division of State

19         Lands to recommend to the board of trustees

20         that the sale or management of nonconservation

21         lands is more appropriate to a county or other

22         unit of local government; providing that local

23         government uses of nonconservation lands may

24         not be limited by the board of trustees;

25         requiring that all requests for the sale or

26         exchange of state lands be submitted in writing

27         to the lead managing agency; requiring that

28         requests be reviewed by the lead managing

29         agency within a specified timeframe;

30         establishing a process for the Division of

31         State Lands or the Acquisition and Restoration

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 1         Council to hear requests not heard by the lead

 2         managing agency in a timely fashion; requiring

 3         that the denial of all requests be made in

 4         writing and include the reason for denial;

 5         requiring that the Division of State Lands keep

 6         records documenting all requests for the sale

 7         or exchange of state lands; providing

 8         circumstances in which state lands being sold

 9         or exchanged need not be offered first to local

10         or state governments; requiring state agencies

11         collecting information that may be useful to

12         the Division of State Lands in preparing the

13         state inventory of lands to share that

14         information with the division; requiring that

15         the state inventory of lands be completed by a

16         specified date; amending s. 253.0341, F.S.;

17         providing for requests by counties and local

18         governments for the sale or exchange of state

19         lands to be submitted in writing directly to

20         the board of trustees; authorizing the board of

21         trustees to sell or exchange state

22         nonconservation lands without a review by the

23         Division of State Lands; removing the authority

24         of the Acquisition and Restoration Council to

25         review such requests; providing an exception

26         for property being offered by the state for

27         sale or exchange to a local government;

28         amending s. 253.111, F.S.; revising certain

29         inconsistent requirements relating to notice

30         provisions; amending s. 253.115, F.S.;

31         clarifying the requirements for public notice

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 1         and hearing prior to the sale, exchange, lease,

 2         or grants of easements on, over, under, and

 3         above state lands; amending s. 253.42, F.S.;

 4         revising requirements for the exchange of state

 5         lands by the board of trustees; establishing

 6         conditions in which uses of property by a local

 7         government are not subject to approval by the

 8         board of trustees and may not be considered by

 9         the board of trustees as a condition of

10         exchange; expanding the purposes for which

11         property exchanged by the state may be used by

12         a county or unit of local government; amending

13         s. 253.783, F.S.; clarifying requirements for

14         the disposal of surplus lands of former Cross

15         Florida Barge Canal; amending s. 259.032, F.S.;

16         deleting obsolete provisions relating to land

17         acquisitions; deleting provisions relating to

18         land management and payments in lieu of taxes;

19         clarifying that the board of trustees rather

20         than the Legislature may authorize the

21         department to pursue condemnation of property;

22         creating s. 259.0321, F.S.; establishing

23         additional procedures governing the management

24         of conservation lands; clarifying conditions

25         under which certain moneys in the Conservation

26         and Recreation Lands Trust Fund may be used for

27         management, maintenance, capital improvements,

28         and contractual services for conservation

29         lands; amending s. 259.0322, F.S.; providing

30         for payment in lieu of taxes to qualifying

31         counties and local governments; establishing

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 1         qualifications; providing conditions on which

 2         payments are based; amending s. 259.035, F.S.;

 3         clarifying a requirement that the Acquisition

 4         and Restoration Council provide assistance to

 5         the board of trustees in reviewing plans for

 6         state conservation lands; deleting duplicative

 7         rulemaking authority; amending s. 259.04, F.S.;

 8         requiring that any contract to acquire lands in

 9         which the purchase price exceeds more than 50

10         percent of the funds allocated to the

11         department under the Florida Forever program be

12         ratified by an act of the Legislature; amending

13         s. 259.041, F.S.; deleting provisions relating

14         to the acquisition of conservation lands;

15         authorizing state agencies to pay no more than

16         110 percent of appraised value to purchase

17         conservation lands; authorizing the board of

18         trustees to approve acquisitions of

19         conservation lands at 150 percent of appraised

20         value; limiting the maximum value of a property

21         to be purchased to no more than 150 percent of

22         appraised value; prohibiting the board of

23         trustees from waiving or modifying that

24         requirement; amending s. 259.105, F.S.,

25         relating to the Florida Forever program;

26         revising requirements for the acquisition of

27         inholdings and additions; providing rulemaking

28         authority to the board of trustees; revising

29         requirements for the development of a project

30         acquisition list; authorizing the use of

31         appropriated funds for the purposes of the

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 1         Florida Forever program; deleting obsolete

 2         provisions; conforming cross-references;

 3         amending ss. 201.15, 253.027, 255.25001,

 4         259.036, 259.101, 259.1051, 260.015, 260.016,

 5         369.317, 373.139, 375.045, 380.0666, and

 6         589.07, F.S., relating to the distribution of

 7         taxes, archaeological acquisitions,

 8         governmental operations, management review

 9         teams, the Florida Preservation 2000 Act, the

10         Florida Forever Trust Fund, land acquisition,

11         powers of the Department of Environmental

12         Protection, the Wekiva Parkway, property

13         acquisition, the Florida Preservation 2000

14         Trust Fund, powers of the land authority, and

15         acquisitions by the Division of Forestry;

16         clarifying certain references and conforming

17         cross-references to changes made by the act;

18         repealing ss. 253.03(14), 259.035(4), (5), and

19         (6), 270.07, 270.08, and 380.0677(7), F.S.,

20         relating to the use of appraisers and

21         contracting procedures by the Division of State

22         Lands, the authority of the Acquisition and

23         Restoration Council to rank projects, the sale

24         of certain public lands without notice, notice

25         requirements for the sale of public lands, and

26         appropriations for the Green Swamp Land

27         Authority; providing effective dates.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2006                                  SB 2070
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 1         Section 1.  Section 253.002, Florida Statutes, is

 2  amended to read:

 3         (Substantial rewording of section. See

 4         s. 253.002, F.S., for present text.)

 5         253.002  Department of Environmental Protection, water

 6  management districts, and Department of Agriculture and

 7  Consumer Services; duties with respect to state lands.--

 8         (1)  As used in this section, the term:

 9         (a)  "Board" means the Board of Trustees of the

10  Internal Improvement Trust Fund.

11         (b)  "Department" means the Department of Environmental

12  Protection.

13         (c)  "District" means a water management district

14  created in s. 373.069.

15         (2)(a)  The Department of Environmental Protection

16  shall perform all staff duties and functions related to the

17  acquisition, administration, and disposition of all state

18  lands, title to which is or will be vested in the Board of

19  Trustees of the Internal Improvement Trust Fund. Staff duties

20  and functions include the collection, compilation,

21  distribution, and mapping of data that documents all

22  state-owned lands and identifies conservation and

23  nonconservation lands, as those lands are defined in this

24  chapter. All lands titled in the name of the board or any

25  state agency shall be inventoried and mapped. Subject to

26  legislative appropriation, the department may contract with

27  the Florida Natural Areas Inventory at Florida State

28  University as necessary to implement the provisions of this

29  paragraph.

30         (b)  Unless expressly prohibited by law, the board may

31  delegate to the department any statutory duty or obligation

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    Florida Senate - 2006                                  SB 2070
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 1  relating to the acquisition, administration, or disposition of

 2  lands, title to which is or will be vested in the board.

 3  However, the ability to use, transfer, withdraw, or sell water

 4  on or under lands, title to which shall be vested in the board

 5  or any state agency, may not be negotiated by the board or

 6  department as a condition of acquiring the property.

 7         (3)  A water management district shall perform all

 8  staff duties and functions related to the review of

 9  applications to use sovereignty submerged lands for an

10  activity regulated under part IV of chapter 373 and for which

11  the district has permitting authority as provided in an

12  operating agreement adopted pursuant to s. 373.046(4). The

13  board may delegate the authority for a water management

14  district to take final agency action, without any action on

15  behalf of the board, for such applications; however, the

16  responsibility of a district under this subsection is subject

17  to the department's general supervisory authority established

18  in s. 373.026(7).

19         (4)  The Department of Agriculture and Consumer

20  Services shall perform the staff duties and functions related

21  to the review of applications and compliance with conditions

22  for the use of sovereignty submerged lands under

23  authorizations or leases issued pursuant to ss. 253.67-253.75

24  and 597.010. The board may delegate to the Department of

25  Agriculture and Consumer Services the authority to take final

26  agency action on behalf of the board concerning applications

27  for the use of sovereignty submerged lands for activities for

28  which that department is responsible pursuant to ss.

29  253.67-253.75 and 597.010. Upon issuing an aquaculture lease

30  or conducting other real property transactions relating to

31  aquaculture, the Department of Agriculture and Consumer

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 1  Services must send a copy of the lease or real property

 2  document and the accompanying survey to the department.

 3         (5)  The board shall retain the authority to take final

 4  agency action on establishing any areas for leasing, new

 5  leases, expanding existing lease areas, or changing the type

 6  of activities authorized in existing leases.

 7         (6)  The board is not limited or prohibited from

 8  amending any authority delegated under this section, and shall

 9  adopt by rule any delegation of authority to take final agency

10  action without action by the board on applications for the

11  uses of sovereignty submerged lands authorized in this

12  section. Final agency actions taken by the department, a

13  district, or the Department of Agriculture and Consumer

14  Services, without action by the board, for applications to use

15  sovereignty submerged lands are subject to s. 373.4275.

16         (7)  Notwithstanding any other provisions of this

17  section, the board, the department, and the Department of

18  Legal Affairs retain the concurrent authority to assert or

19  defend title to sovereignty submerged lands.

20         Section 2.  Section 253.025, Florida Statutes, is

21  amended to read:

22         253.025  Acquisition of state lands for purposes other

23  than preservation, conservation, and recreation.--

24         (1)  The requirements of this section apply to the

25  acquisition of all state lands, the title to which must vest

26  in the Board of Trustees of the Internal Improvement Trust

27  Fund, except as otherwise provided by law. Conservation lands

28  being acquired to fulfill the requirements of chapter 259

29  shall be acquired according to the provisions of this section

30  and s. 259.041. Such lands, the title to which will vest in

31  

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 1  the board pursuant to this section, shall be administered

 2  pursuant to the provisions of s. 253.03.

 3         (2)(1)  Neither the Board of Trustees of the Internal

 4  Improvement Trust Fund nor its duly authorized agent shall

 5  commit the state, through any instrument of negotiated

 6  contract or agreement for purchase, to the purchase of lands

 7  with or without appurtenances unless the provisions of this

 8  section have been fully complied with.  However, the board of

 9  trustees may substitute federally mandated acquisition

10  procedures for the provisions of this section when federal

11  funds are used available and will be utilized for the purchase

12  of lands, title to which will vest in the board of trustees,

13  and qualification for such federal funds requires compliance

14  with federally mandated acquisition procedures.

15  Notwithstanding any provisions in this section to the

16  contrary, if lands are being acquired by the board of trustees

17  for the anticipated sale, conveyance, or transfer to the

18  Federal Government pursuant to a joint state and federal

19  acquisition project, the board of trustees may use appraisals

20  obtained by the Federal Government in the acquisition of such

21  lands.  The board of trustees may waive any provision of this

22  section when land is being conveyed from a state agency to the

23  board.

24         (3)(2)  Prior to any state agency initiating any land

25  acquisition, except as pertains to the purchase of property

26  for transportation facilities and transportation corridors and

27  property for borrow pits for road building purposes, the

28  agency shall coordinate with the Division of State Lands to

29  determine if the availability of existing, suitable

30  state-owned lands in the area are available and suitable for

31  and the public purpose for which the acquisition is being

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 1  proposed. If the state agency determines that existing

 2  state-owned lands are not available and suitable no suitable

 3  state-owned lands exist, the state agency may proceed to

 4  acquire such lands by employing all available statutory

 5  authority for acquisition.

 6         (4)(3)  Land acquisition procedures provided for in

 7  this section are for voluntary, negotiated acquisitions.

 8         (5)(4)  For the purposes of this section, the term

 9  "negotiations" does not include preliminary contacts with the

10  property owner to determine the availability of the property,

11  existing appraisal data, existing abstracts, and surveys.

12         (6)(5)  Unless this requirement is first waived by the

13  board of trustees, the final purchase agreement must require

14  that the landowner provide evidence of marketable title in the

15  form of a commitment for title insurance or an abstract of

16  title, with a title opinion prior to the conveyance of title.

17  The acquiring agency shall provide evidence of marketable

18  title in cases in which the board of trustees does waive the

19  requirement for the landowner to provide evidence of

20  marketability. This subsection does not apply to the

21  acquisition of properties assessed at $10,000 or less if the

22  Division of State Lands finds, after a review of the title,

23  that there is no apparent impediment to marketability or to

24  the management of the property by the state. Evidence of

25  marketable title shall be provided by the landowner prior to

26  the conveyance of title, as provided in the final agreement

27  for purchase.  Such evidence of marketability shall be in the

28  form of title insurance or an abstract of title with a title

29  opinion.  The board of trustees may waive the requirement that

30  the landowner provide evidence of marketable title, and, in

31  such case, the acquiring agency shall provide evidence of

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 1  marketable title.  The board of trustees or its designee may

 2  waive the requirement of evidence of marketability for

 3  acquisitions of property assessed by the county property

 4  appraiser at $10,000 or less, where the Division of State

 5  Lands finds, based upon such review of the title records as is

 6  reasonable under the circumstances, that there is no apparent

 7  impediment to marketability, or to management of the property

 8  by the state.

 9         (7)(6)  Prior to approval by the board of trustees or

10  the Department of Environmental Protection, when applicable,

11  of any agreement to purchase land pursuant to this chapter,

12  chapter 259, chapter 260, or chapter 375, and prior to

13  negotiations with the parcel owner to purchase any other land,

14  title to which will vest in the board of trustees, an

15  appraisal of the parcel shall be required as follows:

16         (a)  Except as provided by law, the board of trustees

17  shall adopt by rule the method for determining the value of

18  parcels sought to be acquired by state agencies pursuant to

19  this chapter, chapter 259, chapter 260, or chapter 375. The

20  board may not approve any acquisition if the purchase price

21  agreed to by the seller exceeds more than 150 percent of

22  appraised value established pursuant to this section.

23         (b)  Each parcel to be acquired shall have at least one

24  appraisal. Two appraisals are required when the estimated

25  value of the parcel exceeds $1 million. However, if both

26  appraisals exceed $1 million and differ significantly, a third

27  appraisal may be obtained. If a parcel is estimated to be

28  worth $100,000 or less and the director of the Division of

29  State Lands finds that the cost of obtaining an outside

30  appraisal is not justified, an appraisal prepared by the

31  division may be used. The state is not required to appraise

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 1  the value of lands and appurtenances that are being donated to

 2  the state.

 3         (c)  Appraisal fees and all direct incidental expenses

 4  shall be paid by the agency proposing the acquisition. The

 5  board of trustees shall approve qualified fee appraisal

 6  organizations. All appraisals used for the acquisition of

 7  lands pursuant to this section shall be prepared by a member

 8  of an approved appraisal organization or by a state-certified

 9  appraiser who meets the standards and criteria established in

10  rule by the board of trustees. Each fee appraiser selected to

11  appraise a particular parcel shall, prior to contracting with

12  the agency or a participant in a multiparty agreement, submit

13  to that agency or participant an affidavit substantiating that

14  he or she has no vested or fiduciary interest in such parcel.

15  Prior to negotiations with the parcel owner to purchase land

16  pursuant to this section, title to which will vest in the

17  board of trustees, an appraisal of the parcel shall be

18  required as follows:

19         (a)  Each parcel to be acquired shall have at least one

20  appraisal. Two appraisals are required when the estimated

21  value of the parcel exceeds $1 million. When a parcel is

22  estimated to be worth $100,000 or less and the director of the

23  Division of State Lands finds that the cost of an outside

24  appraisal is not justified, a comparable sales analysis or

25  other reasonably prudent procedures may be used by the

26  division to estimate the value of the parcel, provided the

27  public's interest is reasonably protected. The state is not

28  required to appraise the value of lands and appurtenances that

29  are being donated to the state.

30         (b)  Appraisal fees shall be paid by the agency

31  proposing the acquisition. The board of trustees shall approve

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 1  qualified fee appraisal organizations. All appraisals used for

 2  the acquisition of lands pursuant to this section shall be

 3  prepared by a member of an approved appraisal organization or

 4  by a state-certified appraiser. The Division of State Lands

 5  shall adopt rules for selecting individuals to perform

 6  appraisals pursuant to this section. Each fee appraiser

 7  selected to appraise a particular parcel shall, prior to

 8  contracting with the agency, submit to that agency an

 9  affidavit substantiating that he or she has no vested or

10  fiduciary interest in such parcel.

11         (c)  The board of trustees shall adopt by rule the

12  minimum criteria, techniques, and methods to be used in the

13  preparation of appraisal reports. Such rules shall

14  incorporate, to the extent practicable, generally accepted

15  appraisal standards. Any appraisal issued for acquisition of

16  lands pursuant to this section must comply with the rules

17  adopted by the board of trustees.

18         (d)  A certified survey must be approved by the

19  Division of State Lands as being in compliance with made which

20  meets the minimum requirements for upland parcels established

21  in the Minimum Technical Standards for Land Surveying in

22  Florida published by the Department of Business and

23  Professional Regulation and which accurately portrays, to the

24  greatest extent practicable, the condition of the parcel as it

25  currently exists. The requirement for a certified survey may,

26  in part or in whole, be waived by the board of trustees any

27  time prior to submitting the agreement for purchase to the

28  Division of State Lands. When an existing boundary map and

29  description of a parcel are determined by the division to be

30  sufficient for appraisal purposes, the division director may

31  

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 1  temporarily waive the requirement for a survey until any time

 2  prior to conveyance of title to the parcel.

 3         (e)  The fee appraiser and the review appraiser for the

 4  agency shall not act in any way that may be construed as

 5  negotiating with the property owner.

 6         (f)(d)  Generally, appraisal reports are confidential

 7  and exempt from the provisions of s. 119.07(1), for use by the

 8  agency and the board of trustees, until an option contract is

 9  executed or, if no option contract is executed, until 2 weeks

10  before a contract or agreement for purchase is considered for

11  approval by the board of trustees. However, the department may

12  disclose appraisal reports to landowners during negotiations

13  for acquisitions using alternatives to fee simple techniques

14  authorized in chapter 259 if the department determines that

15  disclosure of such reports will bring the proposed acquisition

16  to closure. The Division of State Lands may also disclose

17  appraisal information to public agencies or nonprofit

18  organizations that agree to maintain the confidentiality of

19  the reports or information when joint acquisition of property

20  is contemplated, or when a public agency or nonprofit

21  organization enters into a written multiparty agreement with

22  the division to purchase and hold property for subsequent

23  resale to the division. In addition, the division may use, as

24  its own, appraisals obtained by a public agency or nonprofit

25  organization, provided the appraiser is selected from the

26  division's list of appraisers and the appraisal is reviewed

27  and approved by the division. For the purposes of this chapter

28  and chapter 259, the term paragraph, "nonprofit organization"

29  means an organization whose purposes include purpose is the

30  preservation of natural resources, and which is exempt from

31  federal income tax under s. 501(c)(3) of the Internal Revenue

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 1  Code. The agency may release an appraisal report when the

 2  passage of time has rendered the conclusions of value in the

 3  report invalid or when the acquiring agency has terminated

 4  negotiations.

 5         (g)(e)  Prior to acceptance of an appraisal, the agency

 6  shall submit a copy of such report to the Division of State

 7  Lands. The division shall review such report for compliance

 8  with the rules of the board of trustees. With respect to

 9  proposed purchases in excess of $500,000 $250,000, this review

10  shall include a general field inspection of the subject

11  property by the review appraiser. The review appraiser may

12  reject an appraisal report following a desk review, but may

13  not approve is prohibited from approving an appraisal report

14  in excess of $500,000 $250,000 without a field review. Any

15  questions of applicability of laws affecting an appraisal

16  shall be addressed by the legal office of the agency.

17         (h)(f)  The appraisal report shall be accompanied by

18  the sales history of the parcel for at least the prior 5

19  years. Such sales history shall include all parties and

20  considerations with the amount of consideration verified, if

21  possible. If a sales history would not be useful, or its cost

22  prohibitive compared to the value of a parcel, the sales

23  history may be waived by the Secretary of Environmental

24  Protection or the director of the Division of State Lands. The

25  board of trustees department shall adopt a rule specifying

26  guidelines for waiver of a sales history.

27         (i)(g)  The board of trustees or the Division of State

28  Lands may consider an appraisal acquired by a seller, or any

29  part thereof, in negotiating to purchase a parcel, but such

30  appraisal may not be used in lieu of an appraisal required by

31  

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 1  this subsection or to determine the maximum offer allowed by

 2  law.

 3         (8)(7)(a)  When the owner is represented by an agent or

 4  broker, negotiations may not be initiated or continued until a

 5  written statement verifying such agent's or broker's legal or

 6  fiduciary relationship with the owner is on file with the

 7  agency.

 8         (b)  The board of trustees or any state agency may

 9  contract for real estate acquisition services, including, but

10  not limited to, surveying, mapping, environmental audits,

11  title work, and legal and other professional assistance to

12  review acquisition agreements and other documents and to

13  perform acquisition closings. However, the department shall

14  use outside counsel for the review of any agreements or

15  documents or to perform acquisition closings, unless

16  department staff can conduct the same activity in 15 days or

17  less contracts for real estate commission fees.

18         (c)  Upon the initiation of negotiations, the acquiring

19  state agency shall notify inform the owner in writing that

20  final purchase approval is all agreements for purchase are

21  subject to approval by the board of trustees.

22         (d)  All offers or counteroffers shall be documented in

23  writing and shall be confidential and exempt from the

24  provisions of s. 119.07(1) until an option contract is

25  executed, or if no option contract is executed, until 2 weeks

26  before a contract or agreement for purchase is considered for

27  approval by the board of trustees.  The acquiring agency shall

28  maintain complete and accurate records of all offers and

29  counteroffers for all projects.

30         (e)1.  The board of trustees shall adopt by rule the

31  method for determining the value of parcels sought to be

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 1  acquired by state agencies pursuant to this section. No offer

 2  by a state agency, except an offer by an agency acquiring

 3  lands pursuant to s. 259.041, may exceed more than 110 percent

 4  of the value for that property parcel as determined pursuant

 5  to the highest approved appraisal or the value determined

 6  pursuant to the rules of the board of trustees, whichever

 7  value is less.

 8         2.  In the case of a joint acquisition by a state

 9  agency and a local government or other entity apart from the

10  state, the joint purchase price may not exceed 150 percent of

11  the value for the property a parcel as determined in

12  accordance with the limits prescribed in subparagraph 1. The

13  state agency share of a joint purchase offer may not exceed

14  what the agency may offer singly as prescribed by subparagraph

15  1.

16         3.  The provisions of this paragraph do not apply to

17  the acquisition of historically unique or significant property

18  as determined by the Division of Historical Resources of the

19  Department of State.

20         (f)  When making an offer to a landowner, a state

21  agency shall consider the desirability of a single cash

22  payment in relation to the maximum offer allowed by law.

23         (g)  The acquiring agency may state shall have the

24  authority to reimburse the owner for the cost of the survey

25  when deemed appropriate by the head of the agency or his or

26  her designee. The reimbursement shall not be considered a part

27  of the purchase price.

28         (h)  A final offer shall be in the form of an option

29  contract or agreement for purchase and shall be signed and

30  attested to by the owner and the representative of the agency.

31  Before the agency executes the option contract or agreement

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 1  for purchase, the contract or agreement shall be reviewed for

 2  form and legality by legal staff of the agency. Before the

 3  agency signs the agreement for purchase or exercises the

 4  option contract, the provisions of s. 286.23 shall be complied

 5  with.  Within 10 days after the signing of the agreement for

 6  purchase, the state agency shall furnish the Division of State

 7  Lands with the original of the agreement for purchase along

 8  with copies of the disclosure notice, evidence of

 9  marketability, the accepted appraisal report, the fee

10  appraiser's affidavit, a statement that the inventory of

11  existing state-owned lands was examined and contained no

12  available suitable land in the area, and a statement outlining

13  the public purpose for which the acquisition is being made and

14  the statutory authority therefor.

15         (i)  Within 45 days after of receipt by the Division of

16  State Lands of the agreement for purchase and the required

17  documentation, the board of trustees or, when the purchase

18  price does not exceed $100,000, its designee shall either

19  reject or approve the agreement. An approved agreement for

20  purchase is binding on both parties. Any agreement that which

21  has been disapproved shall be returned to the agency, along

22  with a statement as to the deficiencies of the agreement or

23  the supporting documentation. An agreement for purchase which

24  has been disapproved by the board of trustees or its designee

25  may be resubmitted when such deficiencies have been corrected.

26         (9)  A project proposed for acquisition pursuant to s.

27  259.105(3)(b) or the Florida Forever list pursuant to s.

28  259.105(8) which is adopted by the Acquisition and Restoration

29  Council and approved by the board of trustees, and for which

30  the purchase price exceeds more than 50 percent of the funds

31  allocated to the department under the provisions of the

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 1  Florida Forever program created in s. 259.105, shall be

 2  ratified by an act of the Legislature before any contract for

 3  the proposed acquisition is binding on the state.

 4         (10)(8)(a)  No dedication, gift, grant, or bequest of

 5  lands and appurtenances may be accepted by the board of

 6  trustees until the receiving state agency supplies sufficient

 7  evidence of marketability of title. The board of trustees may

 8  not accept by dedication, gift, grant, or bequest any lands

 9  and appurtenances that are determined to be as being owned by

10  the state either in fee or by virtue of the state's

11  sovereignty or which are so encumbered so as to preclude the

12  use of such lands and appurtenances for any reasonable public

13  purpose. The board of trustees may accept a dedication, gift,

14  grant, or bequest of lands and appurtenances without formal

15  evidence of marketability, or when the title is nonmarketable,

16  if the board or its designee determines that such lands and

17  appurtenances have value and are reasonably manageable by the

18  state, and that their acceptance would serve the public

19  interest. The state is not required to appraise the value of

20  such donated lands and appurtenances as a condition of

21  receipt.

22         (b)  No deed filed in the public records to donate

23  lands to the Board of Trustees of the Internal Improvement

24  Trust Fund shall be construed to transfer title to or vest

25  title in the board of trustees unless there shall also be

26  filed in the public records, a document indicating that the

27  board of trustees has agreed to accept the transfer of title

28  to such donated lands.

29         (11)(9)  Any conveyance to the board of trustees of fee

30  title shall be made by no less than a special warranty deed,

31  unless the conveyance is from the Federal Government, the

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 1  county government, or another state agency or, in the event of

 2  a gift or donation by quitclaim deed, if the board of

 3  trustees, or its designee, determines that the acceptance of

 4  such quitclaim deed is in the best interest of the public. A

 5  quitclaim deed may also be accepted to aid in clearing title

 6  or boundary questions. The title to lands acquired pursuant to

 7  this section shall vest in the board of trustees as provided

 8  in s. 253.03(1). All such lands, title to which is vested in

 9  the board pursuant to this section, shall be administered

10  pursuant to the provisions of s. 253.03.

11         (12)(10)  The board of trustees may purchase tax

12  certificates or tax deeds issued in accordance with chapter

13  197 relating to property eligible for purchase under this

14  section.

15         (13)(11)  The Auditor General shall conduct audits of

16  acquisitions and divestitures which, according to his or her

17  preliminary assessments of board-approved acquisitions and

18  divestitures, he or she deems necessary. These preliminary

19  assessments shall be initiated not later than 60 days

20  following the final approval by the board of land acquisitions

21  under this section.  If an audit is conducted, the Auditor

22  General shall submit an audit report to the board of trustees,

23  the President of the Senate, the Speaker of the House of

24  Representatives, and their designees.

25         (14)(12)  The board of trustees may adopt rules

26  pursuant to ss. 120.536(1) and 120.54 to administer the

27  provisions of this section, including rules governing the

28  terms and conditions of land purchases. Such rules must

29  address with specificity, but need not be limited to:

30         (a)  The procedures to be followed in the acquisition

31  process, including selection of appraisers, surveyors, title

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 1  agents, and closing agents, and the content of appraisal

 2  reports.

 3         (b)  The determination of the value of parcels that the

 4  state has an interest to acquire.

 5         (c)  Special requirements when multiple landowners are

 6  involved in an acquisition.

 7         (d)  Requirements for obtaining option agreements in

 8  writing so that the interests of the state are fully

 9  protected. and all affected agencies shall adopt and may

10  modify or repeal such rules and regulations as are necessary

11  to carry out the purposes of this section, including rules

12  governing the terms and conditions of land purchases.  Such

13  rules shall address the procedures to be followed, when

14  multiple landowners are involved in an acquisition, in

15  obtaining written option agreements so that the interests of

16  the state are fully protected.

17         (15)(13)(a)  The Board of Trustees of the Internal

18  Improvement Trust Fund may deed property to the Department of

19  Agriculture and Consumer Services, so that the department is

20  shall be able to sell, convey, transfer, exchange, trade, or

21  purchase land on which a forestry facility resides for money

22  or other more suitable property on which to relocate the

23  facility. Any sale or purchase of property by the Department

24  of Agriculture and Consumer Services shall follow the

25  requirements of subsections (6)-(10) (5)-(9). Any sale must

26  shall be at fair market value, and any trade shall ensure that

27  the state is getting at least an equal value for the property.

28  Except as provided in subsections (6)-(10) (5)-(9), the

29  Department of Agriculture and Consumer Services is excluded

30  from following the provisions of this chapter and chapters 259

31  and 375. This exclusion does shall not apply to lands deemed

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 1  to be acquired for conservation purposes pursuant to s.

 2  253.034(6)(d) in accordance with s. 253.034(6)(a) or (b).

 3         (b)  In the case of a sale by the Department of

 4  Agriculture and Consumer Services of a forestry facility, the

 5  proceeds of the sale shall go into the Department of

 6  Agriculture and Consumer Services Relocation and Construction

 7  Trust Fund. The department may request that the Legislature

 8  The Legislature may, at the request of the department,

 9  appropriate such money within the trust fund to the department

10  for purchase of land and construction of a facility to replace

11  the disposed facility. All proceeds other than land, from any

12  sale, conveyance, exchange, trade, or transfer conducted as

13  provided for in this subsection shall be placed within the

14  department's Relocation and Construction Trust Fund.

15         (c)  The Legislature may appropriate additional funds

16  to the trust fund Additional funds may be added from time to

17  time by the Legislature to further the relocation and

18  construction of forestry facilities. In the instance where an

19  equal trade of land occurs, money from the trust fund may be

20  appropriated for building construction even though no money

21  was received from the trade.

22         (d)  There is hereby created in the Department of

23  Agriculture and Consumer Services the Relocation and

24  Construction Trust Fund.  The trust fund is to be used for the

25  sole purpose of effectuating the orderly relocation of the

26  forestry fire towers and work centers.

27         (16)(14)  Any agency that acquires land on behalf of

28  the board of trustees is authorized to request disbursement of

29  payments for real estate closings in accordance with a written

30  authorization from an ultimate beneficiary to allow a third

31  party authorized by law to receive such payment provided the

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 1  Chief Financial Officer determines that such disbursement is

 2  consistent with good business practices and can be completed

 3  in a manner minimizing costs and risks to the state.

 4         (17)(a)(15)  Pursuant to s. 944.10, the Department of

 5  Corrections is responsible for obtaining appraisals and

 6  entering into option agreements and agreements for the

 7  purchase of state correctional facility sites.

 8         (b)  Pursuant to s. 985.41, the Department of Juvenile

 9  Justice shall obtain appraisals and enter into option

10  agreements and agreements for the purchase of sites for state

11  juvenile justice facilities.

12         (c)  An option agreement or agreement for purchase is

13  not binding upon the state until it is approved by the Board

14  of Trustees of the Internal Improvement Trust Fund. The

15  provisions of paragraphs (7)(c), (d), (e), and (f) and (8)(b)

16  and (c) apply to all appraisals, offers, and counteroffers of

17  the Department of Corrections for state correction facility

18  sites and the Department of Juvenile Justice for state

19  juvenile justice facility sites. An option agreement or

20  agreement for purchase is not binding upon the state until it

21  is approved by the Board of Trustees of the Internal

22  Improvement Trust Fund. The provisions of paragraphs (6)(b),

23  (c), and (d) and (7)(b), (c), and (d) apply to all appraisals,

24  offers, and counteroffers of the Department of Corrections for

25  state correctional facility sites.

26         (18)(16)  Many parcels of land acquired pursuant to

27  this section may contain cattle-dipping vats as defined in s.

28  376.301. The state is encouraged to continue with the

29  acquisition of such lands including the cattle-dipping vat.

30         (17)  Pursuant to s. 985.41, the Department of Juvenile

31  Justice is responsible for obtaining appraisals and entering

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 1  into option agreements and agreements for the purchase of

 2  state juvenile justice facility sites.  An option agreement or

 3  agreement for purchase is not binding upon the state until it

 4  is approved by the Board of Trustees of the Internal

 5  Improvement Trust Fund.  The provisions of paragraphs (6)(b),

 6  (c), and (d) and (7)(b), (c), and (d) apply to all appraisals,

 7  offers, and counteroffers of the Department of Juvenile

 8  Justice for state juvenile justice facility sites.

 9         Section 3.  Paragraph (a) of subsection (7) and

10  paragraphs (a) and (b) of subsection (8) of section 253.03,

11  Florida Statutes, are amended to read:

12         253.03  Board of trustees to administer state lands;

13  lands enumerated.--

14         (7)(a)  The Board of Trustees of the Internal

15  Improvement Trust Fund is hereby authorized and directed to

16  administer all state-owned lands and shall be responsible for

17  the creation of an overall and comprehensive plan of

18  development concerning the acquisition, management, and

19  disposition of state-owned lands so as to ensure maximum

20  benefit and use.  The Board of Trustees of the Internal

21  Improvement Trust Fund has authority to adopt rules pursuant

22  to ss. 120.536(1) and 120.54 to implement the provisions of

23  this act, except that such rules may not authorize the

24  acquisition of any land for which the purchase price exceeds

25  more than 150 percent of appraised value as provided for in s.

26  253.025. This exception may not be waived or modified by the

27  board.

28         (8)(a)  The Board of Trustees of the Internal

29  Improvement Trust Fund shall prepare, using tax roll data

30  provided by the Department of Revenue, an annual inventory of

31  all publicly owned lands within the state.  Such inventory

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 1  must shall include all lands owned by any unit of state

 2  government or local government; by the Federal Government, to

 3  the greatest extent possible; and by any other public entity.

 4  The inventory also must include a summary of all surplus lands

 5  sold by the state and all lands exchanged by the state and

 6  must indicate whether the lands sold or exchanged were

 7  acquired or managed for conservation purposes or were

 8  nonconservation lands. The board shall submit a summary report

 9  of the inventory and a list of major discrepancies between the

10  inventory and the tax roll data to the President of the Senate

11  and the Speaker of the House of Representatives on or before

12  March 1 of each year.

13         (b)  In addition to any other parcel data available,

14  the inventory shall include a legal description or proper

15  reference thereto, the number of acres or square feet within

16  the boundaries, and the assessed value of all publicly owned

17  uplands.  To the greatest extent practicable, the legal

18  description or proper reference thereto and the number of

19  acres or square feet shall be determined for all publicly

20  owned submerged lands.  For the purposes of this subsection,

21  the term "submerged lands" means publicly owned lands below

22  the ordinary high-water mark of fresh waters and below the

23  mean high-water line of salt waters extending seaward to the

24  outer jurisdiction of the state.  By October 31 of each year,

25  the Department of Revenue shall furnish, in machine-readable

26  form, annual, current tax roll data for public lands to the

27  board and to the Division of State Lands to be used in

28  compiling the inventory and the inventory required in s.

29  253.034(8).

30         Section 4.  Section 253.034, Florida Statutes, is

31  amended to read:

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 1         253.034  State-owned lands; management; uses;

 2  disposal.--

 3         (1)(a)  All lands acquired to fulfill the purposes of

 4  pursuant to chapter 259 shall be managed to serve the public

 5  interest by protecting and conserving land, air, water, and

 6  the state's natural resources, which contribute to the public

 7  health, welfare, and economy of the state. These lands shall

 8  be managed to provide for areas of natural-resource-based

 9  natural resource based recreation, and to ensure the survival

10  of plant and animal species and the conservation of finite and

11  renewable natural resources. The state's lands and natural

12  resources shall be managed using a stewardship ethic that

13  assures these resources will be available for the benefit and

14  enjoyment of all people of the state, both present and future.

15  It is the intent of the Legislature that, where feasible and

16  consistent with the goals of protection and conservation of

17  natural resources associated with lands held in the public

18  trust by the Board of Trustees of the Internal Improvement

19  Trust Fund, public land not designated for single-use purposes

20  pursuant to paragraph (2)(b) be managed for multiple-use

21  purposes. All multiple-use land management strategies shall

22  address public access and enjoyment, resource conservation and

23  protection, ecosystem maintenance and protection, and

24  protection of threatened and endangered species, and the

25  degree to which public-private partnerships or endowments may

26  allow the entity with management responsibility to enhance its

27  ability to manage these lands. The council created in s.

28  259.035 shall recommend rules to the board of trustees, and

29  the board shall adopt rules necessary to carry out the

30  purposes of this section.

31  

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 1         (b)  Where necessary and appropriate for all

 2  state-owned lands located in projects that are larger than

 3  1,000 acres and that are managed for multiple uses, buffers

 4  may be formed around any areas requiring special protection or

 5  having special management needs. The total acreage used to

 6  form any such buffers may not exceed more than one-half of the

 7  total acreage of the entire project. Multiple uses within a

 8  buffer area may be restricted to provide the necessary

 9  buffering effect desired. Multiple use in this context

10  includes uses of land or resources by more than one management

11  entity, including private-sector land managers. Lands

12  identified as multiple-use lands in a land management plan

13  shall be managed to enhance and conserve the lands and

14  resources for the enjoyment of the people of the state.

15         (c)  All submerged lands shall be considered single-use

16  lands and shall be managed primarily for the maintenance of

17  essentially natural conditions, the propagation of fish and

18  wildlife, and public recreation, including hunting and fishing

19  where deemed appropriate by the managing entity.

20         (d)  Lands acquired for uses other than conservation,

21  outdoor resource-based recreation, or archaeological or

22  historic preservation may not be designated conservation lands

23  except as otherwise authorized under this section. These lands

24  include, but are not limited to, correction and detention

25  facilities, military installations and facilities, state

26  office buildings, maintenance yards, state university or state

27  community college campuses, agricultural field stations or

28  offices, tower sites, law enforcement and license facilities,

29  laboratories, hospitals, clinics, and other sites that possess

30  no significant natural or historical resources.

31  

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 1         (e)  Lands acquired by the state as a gift, through

 2  donation, or by any other conveyance for which no

 3  consideration was paid, and which are not managed for

 4  conservation, outdoor resource-based recreation, or

 5  archaeological or historic preservation under a land

 6  management plan approved by the board of trustees are not

 7  conservation lands.

 8         (2)  As used in this section, the term the following

 9  phrases have the following meanings:

10         (a)  "Multiple use" means the harmonious and

11  coordinated management of timber, recreation, conservation of

12  fish and wildlife, forage, archaeological and historic sites,

13  habitat and other biological resources, or water resources so

14  that they are utilized in the combination that will best serve

15  the people of the state, making the most judicious use of the

16  land for some or all of these resources and giving

17  consideration to the relative values of the various resources.

18  Where necessary and appropriate for all state-owned lands that

19  are larger than 1,000 acres in project size and are managed

20  for multiple uses, buffers may be formed around any areas that

21  require special protection or have special management needs.

22  Such buffers shall not exceed more than one-half of the total

23  acreage. Multiple uses within a buffer area may be restricted

24  to provide the necessary buffering effect desired. Multiple

25  use in this context includes both uses of land or resources by

26  more than one management entity, which may include private

27  sector land managers. In any case, lands identified as

28  multiple-use lands in the land management plan shall be

29  managed to enhance and conserve the lands and resources for

30  the enjoyment of the people of the state.

31  

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 1         (b)  "Single use" means the management of land for one

 2  particular purpose to the exclusion of all other purposes,

 3  except that the managing using entity shall have the option of

 4  including in its management program compatible secondary

 5  purposes that which will not detract from or interfere with

 6  the primary management purpose. The term includes Such single

 7  uses may include, but is are not limited necessarily

 8  restricted to, the use of agricultural lands for production of

 9  food and livestock, the use of improved sites and grounds for

10  institutional purposes, and the use of lands for parks,

11  preserves, wildlife management, archaeological or historic

12  sites, or wilderness areas where the maintenance of

13  essentially natural conditions is important. All submerged

14  lands shall be considered single-use lands and shall be

15  managed primarily for the maintenance of essentially natural

16  conditions, the propagation of fish and wildlife, and public

17  recreation, including hunting and fishing where deemed

18  appropriate by the managing entity.

19         (c)  "Conservation lands" means lands that are

20  currently managed for conservation, outdoor resource-based

21  recreation, or archaeological or historic preservation, except

22  those lands that were acquired solely to facilitate the

23  acquisition of other conservation lands. Lands acquired for

24  uses other than conservation, outdoor resource-based

25  recreation, or archaeological or historic preservation shall

26  not be designated conservation lands except as otherwise

27  authorized under this section. These lands shall include, but

28  not be limited to, the following: correction and detention

29  facilities, military installations and facilities, state

30  office buildings, maintenance yards, state university or state

31  community college campuses, agricultural field stations or

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 1  offices, tower sites, law enforcement and license facilities,

 2  laboratories, hospitals, clinics, and other sites that possess

 3  no significant natural or historical resources. However, lands

 4  acquired solely to facilitate the acquisition of other

 5  conservation lands, and for which the land management plan has

 6  not yet been completed or updated, may be evaluated by the

 7  Board of Trustees of the Internal Improvement Trust Fund on a

 8  case-by-case basis to determine if they will be designated

 9  conservation lands.

10         (d)  "Council" means the Acquisition and Restoration

11  Council created in s. 259.035.

12         (e)  "Division" means the Division of State Lands

13  within the Department of Environmental Protection.

14  

15  Lands acquired by the state as a gift, through donation, or by

16  any other conveyance for which no consideration was paid, and

17  which are not managed for conservation, outdoor resource-based

18  recreation, or archaeological or historic preservation under a

19  land management plan approved by the board of trustees are not

20  conservation lands.

21         (3)  In recognition that recreational trails purchased

22  with rails-to-trails funds of the greenways and trails program

23  pursuant to s. 259.101(3)(g) or s. 259.105(3)(h) have had

24  historic transportation uses and that their linear character

25  may extend many miles, transportation crossings shall be

26  allowed on recreational trails purchased pursuant to s.

27  259.101(3)(g) or s. 259.105(3)(h). Where these crossings are

28  determined to be necessary, the location and design must

29  balance the need to protect trails users from collisions with

30  automobiles and, to the greatest extent possible, the use of

31  overpasses and underpasses should be considered in order to

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 1  mitigate the effects on humans and environmental resources.

 2  The value of the land shall be paid and based on fair market

 3  value. the Legislature intends that when the necessity arises

 4  to serve public needs, after balancing the need to protect

 5  trail users from collisions with automobiles and a preference

 6  for the use of overpasses and underpasses to the greatest

 7  extent feasible and practical, transportation uses shall be

 8  allowed to cross recreational trails purchased pursuant to s.

 9  259.101(3)(g) or s. 259.105(3)(h). When these crossings are

10  needed, the location and design should consider and mitigate

11  the impact on humans and environmental resources, and the

12  value of the land shall be paid based on fair market value.

13         (4)(a)  No management agreement, lease, or other

14  instrument authorizing the use of lands owned by the Board of

15  Trustees of the Internal Improvement Trust Fund shall be

16  executed for a period greater than is necessary to provide for

17  the reasonable use of the land for the existing or planned

18  life cycle or amortization of the improvements, except that an

19  easement in perpetuity may be granted by the Board of Trustees

20  of the Internal Improvement Trust Fund if the improvement is a

21  transportation facility.

22         (b)  All management agreements, leases, or other

23  instruments authorizing the use of lands, the title to which

24  is vested in the board, shall be reviewed for approval by the

25  board or its designees.

26         (c)  An entity managing or leasing state-owned lands

27  from the board, other than conservation lands, may not

28  sublease such lands without prior review by the division. and,

29  for conservation lands, by The Acquisition and Restoration

30  Council created in s. 259.035 must review all requests to

31  sublease state-owned conservation lands, except for subleases

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 1  of conservation lands less than 160 acres in size. All

 2  management agreements, leases, or other instruments

 3  authorizing the use of lands owned by the board shall be

 4  reviewed for approval by the board or its designee. The

 5  council is not required to review subleases of parcels which

 6  are less than 160 acres in size.

 7         (5)(a)  Each lead manager of conservation lands shall

 8  submit to the Division of State Lands a land management plan

 9  at least every 10 years in a form and manner prescribed by

10  rule by the board and in accordance with the provisions of s.

11  259.0321 s. 259.032. Each lead manager of conservation lands

12  shall also update a land management plan whenever the manager

13  proposes to add new facilities or make substantive land use or

14  management changes that were not addressed in the approved

15  plan, or within 1 year after of the addition of significant

16  new lands.

17         (b)  Each manager of nonconservation lands shall submit

18  to the Division of State Lands a land use plan at least every

19  10 years in a form and manner prescribed by rule by the board.

20  The division shall review each plan for compliance with the

21  requirements of this section subsection and the requirements

22  of the rules established by the board pursuant to this

23  paragraph section.

24         (c)  All land management use plans, whether for

25  single-use or multiple-use properties, shall include an

26  analysis of the property to determine if any significant

27  natural or cultural resources are located on the property.

28  Such resources include archaeological and historic sites,

29  state and federally listed plant and animal species, and

30  imperiled natural communities and unique natural features. If

31  such resources occur on the property, the lead manager shall

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 1  consult with the Division of State Lands and other appropriate

 2  agencies to develop management strategies to protect such

 3  resources. Land management use plans shall also provide for

 4  the control of invasive nonnative plants and conservation of

 5  soil and water resources, including a description of how the

 6  lead manager plans to control and prevent soil erosion and

 7  soil or water contamination. Land management use plans

 8  submitted by a lead manager shall include reference to

 9  appropriate statutory authority for such use or uses and shall

10  conform to the appropriate policies and guidelines of the

11  state land management plan. If a newly acquired property has a

12  valid conservation plan developed by a soil and conservation

13  district, the conservation plan shall be used to guide

14  management of the property until a formal land management plan

15  is adopted.

16         (d)  Management plans for managed areas larger than

17  1,000 acres must shall contain an analysis of the multiple-use

18  potential of the property, including an analysis of which

19  analysis shall include the potential of the property to

20  generate revenues to enhance the management of the property.

21  Additionally, the plan must shall contain an analysis of the

22  potential use of private land managers to facilitate the

23  restoration or management of these lands. In those cases where

24  a newly acquired property has a valid conservation plan that

25  was developed by a soil and conservation district, such plan

26  shall be used to guide management of the property until a

27  formal land use plan is completed.

28         (e)(a)  The Division of State Lands shall make

29  available to the public a copy of each land management plan

30  for property parcels that exceeds exceed 160 acres in size.

31  

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 1         (f)  The Acquisition and Restoration Council shall

 2  review each plan for the management of conservation lands for

 3  compliance with the requirements of this section subsection,

 4  the requirements of chapter 259, and the requirements of the

 5  rules established by the board pursuant to this section. The

 6  council shall also consider the propriety of the

 7  recommendations of the managing entity with regard to the

 8  future use of the property, the protection of fragile or

 9  nonrenewable resources, the potential for alternative or

10  multiple uses not recognized by the managing entity, and the

11  possibility of disposal of the property or portions of the

12  property by the board. After its review, the council shall

13  submit the plan, along with its recommendations and comments,

14  to the board. The council shall specifically recommend if to

15  the board should whether to approve the plan as submitted,

16  approve the plan with modifications, or reject the plan.

17         (g)(b)  The Board of Trustees of the Internal

18  Improvement Trust Fund shall consider the land management plan

19  submitted by each entity and the recommendations of the

20  council and the Division of State Lands for conservation

21  lands, and the recommendations of the division for

22  nonconservation lands, and shall approve the plan with or

23  without modification or reject such plan. The use or

24  possession of any state-owned lands which such lands that is

25  not in accordance with an approved land management plan is

26  subject to termination by the board.

27         (6)  The Board of Trustees of the Internal Improvement

28  Trust Fund shall determine which lands, the title to which is

29  vested in the board, are eligible for sale or exchange. Any

30  lands that are determined to be eligible for sale shall be

31  designated by the board as surplus lands. Any lands that are

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 1  determined to be eligible for exchange shall be exchanged for

 2  lands of equal or higher monetary value or, in the case of

 3  conservation lands, a net positive conservation benefit, and

 4  may not be designated as surplus lands.

 5         (a)  For the sale of conservation lands as defined in

 6  this section, the board shall determine that the lands are no

 7  longer needed for the conservation purposes for which they

 8  were acquired. Lands designated by the board as no longer

 9  being needed for conservation purposes shall be reclassified

10  as nonconservation lands and shall be declared to be surplus

11  lands that may be sold by an affirmative vote of three members

12  of the board.

13         (b)  For the sale of all other lands, the board shall

14  make a determination that the lands are no longer needed for

15  the purposes for which they were being used and are surplus

16  lands that may be sold by an affirmative vote of three members

17  of the board.

18         (c)  In all instances where lands are being exchanged

19  instead of sold, the board must determine by an affirmative

20  vote of three members that the lands are no longer needed for

21  the purposes for which they are being used or were acquired.

22  In cases where conservation lands are exchanged, the exchange

23  must result in a net positive conservation benefit. may be

24  surplused. For conservation lands, the board shall make a

25  determination that the lands are no longer needed for

26  conservation purposes and may dispose of them by an

27  affirmative vote of at least three members. In the case of a

28  land exchange involving the disposition of conservation lands,

29  the board must determine by an affirmative vote of at least

30  three members that the exchange will result in a net positive

31  conservation benefit. For all other lands, the board shall

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 1  make a determination that the lands are no longer needed and

 2  may dispose of them by an affirmative vote of at least three

 3  members.

 4         (d)1.(a)  For the purposes of this subsection, all

 5  lands acquired by the state prior to July 1, 1999, the title

 6  to which is vested in the board, and which were acquired using

 7  proceeds from the Preservation 2000 bonds, the Conservation

 8  and Recreation Lands Trust Fund, the Water Management Lands

 9  Trust Fund, Environmentally Endangered Lands Program, and the

10  Save Our Coast Program and titled to the board, which lands

11  are identified as core parcels or within original project

12  boundaries, shall be deemed to have been acquired for

13  conservation purposes.

14         2.(b)  For any lands acquired purchased by the state on

15  or after July 1, 1999, the title to which is vested in the

16  board, the board shall determine which lands are acquired for

17  conservation purposes prior to approving the acquisition a

18  determination shall be made by the board prior to acquisition

19  as to those parcels that shall be designated as having been

20  acquired for conservation purposes.

21         3.  No lands acquired for use by the Department of

22  Corrections, the Department of Management Services for use as

23  state offices, the Department of Transportation, except those

24  specifically managed for conservation or recreation purposes,

25  or the State University System or the Florida Community

26  College System shall be designated as having been purchased

27  for conservation purposes.

28         (e)(c)  At least every 10 years, as a component of each

29  land management plan or land use plan and in a form and manner

30  prescribed by rule by the board, each lead manager shall

31  evaluate and indicate to the board those lands that are not

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 1  being used for the purpose for which they were originally

 2  leased. For conservation lands, the council shall review and

 3  shall recommend to the board whether such lands should remain

 4  be retained in public ownership or be sold or exchanged

 5  disposed of by the board. For nonconservation lands, the

 6  division shall review such lands and shall recommend to the

 7  board whether such lands should remain be retained in public

 8  ownership or be sold or exchanged disposed of by the board.

 9         (f)(d)  Lands owned by the board which are not actively

10  managed by any state agency or for which a land management

11  plan has not been completed pursuant to subsection (5) shall

12  be reviewed by the division if such lands are nonconservation

13  lands, and by the council or its successor if such lands are

14  conservation lands for recommendations its recommendation as

15  to whether such lands should be sold or exchanged disposed of

16  by the board.

17         (g)1.(e)  Prior to any decision by the board to sell or

18  exchange conservation surplus lands, the Acquisition and

19  Restoration Council shall review and make recommendations to

20  the board concerning the request for sale or exchange

21  surplusing. The council shall determine whether the request

22  for surplusing is compatible with the resource values of and

23  management objectives for such lands.

24         2.  Prior to any decision by the board to sell or

25  exchange nonconservation lands, the division shall determine

26  whether the request is compatible with the management

27  objectives for such lands.

28         (h)1.  In reviewing conservation lands, the title to

29  which is vested in the board, the council must consider

30  whether such lands are more appropriately owned or managed by

31  the county or other unit of local government in which the

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 1  lands are located. The council must recommend to the board

 2  whether the sale or exchange of such lands is in the best

 3  interest of the state and the county or other unit of local

 4  government for use as a public school, public library, fire or

 5  law enforcement substation, or government, judicial, or

 6  recreation center, or to comply with the capital improvement

 7  elements or a concurrency requirement of a local comprehensive

 8  land use plan as required in s. 163.3177. Such lands shall be

 9  offered to the county or unit of local government for a period

10  of 30 days.

11         2.  In reviewing nonconservation lands, the title to

12  which is vested in the board, the division must consider

13  whether such lands are more appropriately owned or managed by

14  the county or other unit of local government in which the

15  lands are located, and shall recommend to the board whether

16  the sale or exchange of such lands is in the best interest of

17  the state and the county or other unit of local government.

18  Such lands shall be offered to the county or unit of local

19  government for a period of 30 days. Local government uses of

20  lands conveyed under the provisions of this subparagraph may

21  not be limited by the board.

22         3.  If a county or other unit of local government does

23  not elect to acquire lands under the provisions of this

24  paragraph, the board may determine that the sale, lease,

25  exchange, or conveyance of such lands to other governmental

26  agencies is in the public interest and represents the best use

27  of such lands.

28         4.  Lands for which a county, other unit of local

29  government, or other governmental agencies have expressed no

30  interest shall be available for sale or exchange on the

31  private market.

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 1         (f)1.  In reviewing lands owned by the board, the

 2  council shall consider whether such lands would be more

 3  appropriately owned or managed by the county or other unit of

 4  local government in which the land is located. The council

 5  shall recommend to the board whether a sale, lease, or other

 6  conveyance to a local government would be in the best

 7  interests of the state and local government. The provisions of

 8  this paragraph in no way limit the provisions of ss. 253.111

 9  and 253.115. Such lands shall be offered to the state, county,

10  or local government for a period of 30 days. Permittable uses

11  for such surplus lands may include public schools; public

12  libraries; fire or law enforcement substations; and

13  governmental, judicial, or recreational centers. County or

14  local government requests for surplus lands shall be expedited

15  throughout the surplusing process. If the county or local

16  government does not elect to purchase such lands in accordance

17  with s. 253.111, then any surplusing determination involving

18  other governmental agencies shall be made upon the board

19  deciding the best public use of the lands. Surplus properties

20  in which governmental agencies have expressed no interest

21  shall then be available for sale on the private market.

22         2.  Notwithstanding subparagraph 1., any surplus lands

23  that were acquired by the state prior to 1958 by a gift or

24  other conveyance for no consideration from a municipality, and

25  which the department has filed by July 1, 2006, a notice of

26  its intent to surplus, shall be first offered for reconveyance

27  to such municipality at no cost, but for the fair market value

28  of any building or other improvements to the land, unless

29  otherwise provided in a deed restriction of record. This

30  subparagraph expires July 1, 2006.

31  

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 1         (i)(g)  The sales sale price of surplus lands

 2  determined to be surplus pursuant to this subsection shall be

 3  determined by the division and shall take into consideration

 4  an appraisal of the property, or, when the estimated value of

 5  the land is less than $100,000, a comparable sales analysis or

 6  a broker's opinion of value, and the price paid by the state

 7  to originally acquire the lands.

 8         1.a.  A written valuation of surplus land being sold

 9  determined to be surplus pursuant to this subsection, and

10  related documents used to form the valuation or which pertain

11  to the valuation, are confidential and exempt from s.

12  119.07(1) and s. 24(a), Art. I of the State Constitution until

13  2 weeks before the contract or agreement regarding the

14  purchase, exchange, or disposal of the surplus land is first

15  considered for approval by the board. Notwithstanding the

16  exemption provided under this subparagraph, the division may

17  disclose appraisals, valuations, or valuation information

18  regarding surplus land during negotiations for the sale or

19  exchange of the land, during the marketing effort or bidding

20  process associated with the sale, disposal, or exchange of the

21  land to facilitate closure of such effort or process, when the

22  passage of time has made the conclusions of value invalid, or

23  when negotiations or marketing efforts concerning the land are

24  concluded.

25         2.b.  This subparagraph is subject to the Open

26  Government Sunset Review Act of 1995 in accordance with s.

27  119.15, and shall stand repealed on October 2, 2009, unless

28  reviewed and saved from repeal through reenactment by the

29  Legislature.

30         3.2.  A unit of government that acquires title to lands

31  hereunder for less than appraised value may not sell or

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 1  transfer title to all or any portion of the lands to any

 2  private owner for a period of 10 years. Any unit of government

 3  seeking to transfer or sell lands pursuant to this paragraph

 4  shall first allow the board of trustees to reacquire such

 5  lands for the price at which the board sold such lands.

 6         (j)(h)  Where land designated by the board to be

 7  surplus land was a unit of government acquired land by gift,

 8  donation, grant, quitclaim deed, or other such conveyance

 9  where no monetary consideration was exchanged, the purchase

10  price of such land sold as surplus may be based on one

11  appraisal. If In the event that a single appraisal yields a

12  value equal to or greater than $1 million, a second appraisal

13  is required. The individual or entity requesting the surplus

14  land shall select and use appraisers from the list of approved

15  appraisers maintained by the Division of State Lands in

16  accordance with s. 253.025(7)(b) and shall s. 253.025(6)(b).

17  The individual or entity requesting the surplus is to incur

18  all costs of the appraisals.

19         (k)(i)  After reviewing the recommendations of the

20  council, the board shall determine whether lands identified

21  for surplus are to be held for other public purposes or

22  whether such lands are no longer needed. The board may require

23  an agency to release its interest in land designated by the

24  board to be surplus land such lands. For an agency that has

25  requested the use of land a property that was designated to be

26  declared as surplus, the said agency must have the land

27  property under lease within 6 months after of the date of

28  expiration of the notice provisions required under this

29  subsection and s. 253.111.

30         (l)(j)1.  Requests for the sale or exchange of lands

31  may be made by any public or private entity or person and must

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 1  be submitted in writing to the lead managing agency for

 2  review. The lead managing agency shall have 90 days to review

 3  such requests and make recommendations concerning the sale or

 4  exchange to the council or its successor for the sale or

 5  exchange of conservation lands or to the division for the sale

 6  or exchange of lands other than conservation lands as defined

 7  in this section.

 8         2.  A request for the sale or exchange of lands which

 9  has not been reviewed by the lead managing agency shall be

10  forwarded to the division for lands other than conservation

11  lands or to the council or its successor for conservation

12  lands. A request for the sale or exchange of lands other than

13  conservation lands shall be immediately scheduled for review

14  by the division, but must be reviewed not later than 15 days

15  after receipt by the division.

16         3.  If the lead managing agency, the council or its

17  successor, or the division recommends that the board deny a

18  request for the sale or exchange of lands, the denial must be

19  in writing and include the reason for the denial.

20         4.  Records documenting all requests for the sale or

21  exchange of lands, the title to which is vested in the board,

22  and approvals or denials of those requests shall be kept by

23  the Division of State Lands. Denial of a request for the sale

24  or exchange of state-owned lands must be submitted to the

25  requesting entity in writing and must specifically provide the

26  reason for denial. Copies of requests for the sale or exchange

27  of lands shall be forwarded to the division unless the lead

28  managing agency forwards the original written request when

29  submitting a recommendation concerning the sale or exchange of

30  lands.

31  

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 1         5.  Lands approved for sale under the provisions of

 2  this paragraph are not required to be offered to local or

 3  state governments as provided in paragraph (h). Requests for

 4  surplusing may be made by any public or private entity or

 5  person. All requests shall be submitted to the lead managing

 6  agency for review and recommendation to the council or its

 7  successor. Lead managing agencies shall have 90 days to review

 8  such requests and make recommendations. Any surplusing

 9  requests that have not been acted upon within the 90-day time

10  period shall be immediately scheduled for hearing at the next

11  regularly scheduled meeting of the council or its successor.

12  Requests for surplusing pursuant to this paragraph shall not

13  be required to be offered to local or state governments as

14  provided in paragraph (f).

15         (m)(k)  Proceeds from any sale of surplus lands

16  pursuant to this subsection shall be deposited into the fund

17  from which such lands were acquired. However, if the fund from

18  which the lands were originally acquired no longer exists,

19  such proceeds shall be deposited into an appropriate account

20  to be used for land management by the lead managing agency

21  assigned to manage the lands prior to the lands being

22  designated as declared surplus lands. Funds received from the

23  sale of surplus nonconservation lands, or lands that were

24  acquired by gift, by donation, or for no consideration, shall

25  be deposited into the Internal Improvement Trust Fund.

26         (n)(l)  Notwithstanding the provisions of this

27  subsection, no such disposition of land shall be made if such

28  disposition would have the effect of causing all or any

29  portion of the interest on any revenue bonds issued to acquire

30  lands to lose the exclusion from gross income for federal

31  income tax purposes.

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 1         (o)(m)  The sale of filled, formerly submerged land

 2  that does not exceed 5 acres in area is not subject to review

 3  by the division council or its successor.

 4         (p)(n)  The board may adopt rules to implement the

 5  provisions of this section, which may include procedures for

 6  administering surplus land requests for the sale or exchange

 7  of lands and criteria for when the division may approve

 8  requests on behalf of the board for the sale or exchange of

 9  nonconservation lands to surplus nonconservation lands on

10  behalf of the board.

11         (7)  This section shall not be construed so as to

12  affect:

13         (a)  Other provisions of this chapter relating to oil,

14  gas, or mineral resources.

15         (b)  The exclusive use of state-owned land, the title

16  to which is vested in the board, which is subject to a lease

17  by the Board of Trustees of the Internal Improvement Trust

18  Fund of such state-owned land for private uses and purposes.

19         (c)  Sovereignty lands not leased for private uses and

20  purposes.

21         (8)(a)  Notwithstanding other provisions of this

22  section, the Division of State Lands is directed to prepare a

23  state inventory of all federal lands and all lands titled in

24  the name of the state, a state agency, a water management

25  district, or a local government on a county-by-county basis.

26  To facilitate the development of the state inventory, each

27  county shall direct the appropriate county office with

28  authority over the information to provide the division with a

29  county inventory of all lands identified as federal lands and

30  lands titled in the name of the state, a state agency, a water

31  management district, or a local government. At the request of

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 1  the division, state agencies collecting information from the

 2  counties which will assist the division in completing the

 3  state inventory shall provide such information to the

 4  division. The state inventory shall be completed by October 1,

 5  2006.

 6         (b)  The state inventory must distinguish between lands

 7  purchased by the state or a water management district as part

 8  of a core parcel or within original project boundaries, as

 9  those terms are used to meet the surplus requirements of

10  subsection (6) for the sale or exchange of lands, and lands

11  purchased by the state, a state agency, or a water management

12  district which are not essential or necessary for conservation

13  purposes.

14         (c)  In any county having a population of 75,000 or

15  less, or a county having a population of 100,000 or less that

16  is contiguous to a county having a population of 75,000 or

17  less, in which more than 50 percent of the lands within the

18  county boundary are federal lands and lands titled in the name

19  of the state, a state agency, a water management district, or

20  a local government, those lands titled in the name of the

21  state or a state agency which are not essential or necessary

22  to meet conservation purposes may, upon request of a public or

23  private entity, be made available for purchase through the

24  state's surplusing process created in subsection (6).

25  Rights-of-way for existing, proposed, or anticipated

26  transportation facilities are exempt from the requirements of

27  this paragraph. Priority consideration shall be given to

28  buyers, public or private, willing to return the property to

29  productive use so long as the property can be reentered onto

30  the county ad valorem tax roll. Property acquired with

31  matching funds from a local government shall not be made

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 1  available for purchase without the consent of the local

 2  government.

 3         (9)  Land management plans required to be submitted by

 4  the Department of Corrections, the Department of Juvenile

 5  Justice, the Department of Children and Family Services, or

 6  the Department of Education are not subject to the provisions

 7  for review by the division or the council or its successor

 8  described in subsection (5).  Management plans filed by these

 9  agencies shall be made available to the public for a period of

10  90 days at the administrative offices of the parcel or project

11  affected by the management plan and at the Tallahassee offices

12  of each agency. Any plans not objected to during the public

13  comment period shall be deemed approved.  Any plans for which

14  an objection is filed shall be submitted to the Board of

15  Trustees of the Internal Improvement Trust Fund for

16  consideration. The Board of Trustees of the Internal

17  Improvement Trust Fund shall approve the plan with or without

18  modification, or reject the plan.  The use or possession of

19  any such lands which is not in accordance with an approved

20  land management plan is subject to termination by the board.

21         (10)  In addition to the uses for which conservation

22  lands are being managed pursuant to subsection (1) and chapter

23  259, the following additional uses of conservation lands

24  acquired pursuant to the Florida Forever program and other

25  state-funded conservation land acquisition purchase programs

26  shall be authorized, upon a finding by the board of trustees,

27  if they meet the criteria specified in paragraphs (a)-(e):

28  water resource development projects, water supply development

29  projects, stormwater management projects, linear facilities,

30  and sustainable agriculture and forestry.  Such additional

31  uses are authorized where:

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 1         (a)  The proposed use is not inconsistent with the

 2  management plan for such lands;

 3         (b)  The proposed use is compatible with the natural

 4  ecosystem and resource values of such lands;

 5         (c)  The proposed use is appropriately located on such

 6  lands and where due consideration has been is given to the use

 7  of other available lands;

 8         (d)  The using entity reasonably compensates the board

 9  of trustees titleholder for such use based upon an appropriate

10  measure of value; and

11         (e)  The use is consistent with the public interest.

12  

13  A decision by the board of trustees pursuant to this section

14  shall be given a presumption of correctness. Moneys received

15  from the use of state lands pursuant to this section shall be

16  returned to the lead managing entity in accordance with the

17  provisions of s. 259.032(11)(d).

18         (11)  Lands listed as projects for acquisition shall

19  may be managed to maintain or enhance those resources the

20  state is seeking to protect by acquiring the land for

21  conservation pursuant to s. 259.032, on an interim basis by a

22  private party in anticipation of a state purchase and in

23  accordance with a contractual arrangement between the

24  acquiring agency and the private party, which that may include

25  management service contracts, leases, cost-share arrangements

26  or resource conservation agreements. Lands designated as

27  eligible under this subsection shall be managed to maintain or

28  enhance the resources the state is seeking to protect by

29  acquiring the land. Funding for these contractual arrangements

30  may originate from the documentary stamp tax revenue deposited

31  into the Conservation and Recreation Lands Trust Fund and

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 1  Water Management Lands Trust Fund.  No more than 5 percent of

 2  funds allocated under the trust funds shall be expended for

 3  this purpose.

 4         (12)  Any lands available to governmental employees,

 5  including water management district employees, for hunting or

 6  other recreational purposes shall also be made available to

 7  the general public for such purposes, subject to the

 8  constitutional authority of the Fish and Wildlife Conservation

 9  Commission to regulate hunting and fishing on state and water

10  management district lands.

11         (13)  Notwithstanding the provisions of this section,

12  funds from the sale of property by the Department of Highway

13  Safety and Motor Vehicles located in Palm Beach County are

14  authorized to be deposited into the Highway Safety Operating

15  Trust Fund to facilitate the exchange as provided in the

16  General Appropriations Act, provided that at the conclusion of

17  both exchanges the values are equalized. This subsection

18  expires July 1, 2006.

19         Section 5.  Section 253.0341, Florida Statutes, is

20  amended to read:

21         253.0341  Surplus of state-owned lands to counties or

22  local governments.--Counties and other units of local

23  governments may submit written surplusing requests for the

24  sale or exchange of state-owned lands directly to the board of

25  trustees. County or local government requests for the state to

26  sell or exchange state lands surplus conservation or

27  nonconservation lands, whether for purchase or exchange, shall

28  be expedited throughout the surplusing process. Property

29  jointly acquired by the state and other entities may shall not

30  be sold or exchanged surplused without the consent of all

31  joint owners.

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 1         (1)  The decision to sell or exchange state surplus

 2  state-owned nonconservation lands may be made by the board

 3  without a review of, or a recommendation on, the request from

 4  the Acquisition and Restoration Council or the Division of

 5  State Lands. Such Requests for such nonconservation lands

 6  shall be considered by the board within 60 days after of the

 7  board's receipt of the written request.

 8         (2)  County or local government written requests for

 9  the sale or exchange of state surplusing of state-owned

10  conservation lands are subject to review of, and

11  recommendation on, the request to the board by the Acquisition

12  and Restoration Council. Requests to sell or exchange surplus

13  conservation lands shall be considered by the board within 120

14  days after of the board's receipt of the request.

15         (3)  The provisions of this section do not apply to

16  property offered for sale or exchange by the state to a county

17  or unit of local government pursuant to s. 253.034(6).

18         Section 6.  Section 253.111, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 253.111, F.S., for present text.)

22         253.111  Notice to board of county commissioners before

23  sale.--

24         (1)  The Board of Trustees of the Internal Improvement

25  Trust Fund may not sell any lands to which they hold title and

26  for which an application for sale has been received by the

27  board unless and until an opportunity to purchase such land is

28  offered to the county in which such land is located. If the

29  board receives an application for the sale of lands, the board

30  shall notify the board of county commissioners of the county

31  

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 1  in which such lands are located, prior to considering any

 2  private offers, that such lands are available for sale.

 3         (2)  Notification to counties of the availability of

 4  state lands for which an application for sale has been

 5  received by the board shall be given by registered mail,

 6  return receipt requested, to the board of county commissioners

 7  of the county in which the lands are located.

 8         (3)  Within 40 days after receipt of notification from

 9  the board of trustees, the board of county commissioners of

10  the county in which the lands are located shall determine by

11  resolution whether or not to purchase such lands. Any

12  resolution approving the purchase of such lands shall be

13  certified and forwarded to the Board of Trustees of the

14  Internal Improvement Trust Fund.

15         (4)  Within 30 days after receipt of a certified

16  resolution establishing the county's intent to purchase lands

17  sold pursuant to this section, the board shall convey such

18  land to the county at a price that is equal to the price paid

19  by the state at the time the land was purchased or, for lands

20  donated or given to the state, the appraised market value

21  established by generally accepted professional standards for

22  real estate appraisals.

23         (5)  Notwithstanding the provisions of this section,

24  riparian owners with respect to lands being sold by the board

25  have a right to purchase such lands at a price and upon

26  conditions and terms established by the board. Riparian owners

27  may waive this prior right and, if such rights are waived,

28  this section applies to the sale of such lands.

29         (6)  This section does not apply to:

30         (a)  The sale or exchange of lands as approved by the

31  board pursuant to s. 253.034;

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 1         (b)  The conveyance of lands located within the

 2  Everglades Agricultural Area as defined in s. 373.4592; or

 3         (c)  Lands managed pursuant to ss. 253.781-253.785.

 4         (7)  This section does not restrict any right otherwise

 5  granted to the board by this chapter to convey land to which

 6  they hold title to the state or any department, office,

 7  authority, board, bureau, commission, institution, court,

 8  tribunal, agency, or other instrumentality of or under the

 9  state. As used in this section, the term "lands" means all

10  lands, the title to which is vested in the board.

11         Section 7.  Section 253.115, Florida Statutes, is

12  amended to read:

13         253.115  Leases; grants of easement; sale of state

14  lands; public notice and hearings.--

15         (1)  After receiving an application in compliance with

16  such forms as may be required by this chapter requesting the

17  board to sell, exchange, or lease state lands, or grant an

18  easement on, over, under, above, or across any land to which

19  it holds title, the board must provide notice of the

20  application for the sale, lease, exchange, or grant of

21  easement. Notice shall be sent to the applicant, to persons

22  who have requested to be on a mailing list, and to each owner

23  of land lying within 500 feet of the land that is the subject

24  of the request, addressed to such owner as the owner's name

25  appears on the latest county tax assessment roll. The notice

26  shall include the name and address of the applicant; a brief

27  description of the proposed activity and any mitigation; the

28  location of the proposed activity, including whether it is

29  located within an Outstanding Florida Water or aquatic

30  preserve; a map identifying the location of the proposed

31  activity subject to the application; a diagram of the limits

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 1  of the proposed activity; and a name or number identifying the

 2  application and the office where the application can be

 3  inspected, and any other information required by rule. A copy

 4  of this notice shall be sent to those persons who have

 5  requested to be on a mailing list and to each owner of land

 6  lying within 500 feet of the land proposed to be leased, sold,

 7  exchanged, or subject to an easement, addressed to such owner

 8  as the owner's name and address appears on the latest county

 9  tax assessment roll.

10         (2)  The board of trustees or, the department, or a

11  water management district, as is appropriate, shall consider

12  comments and objections received in response to the public

13  notice required by this section in reaching its decision to

14  approve or deny use of state board of trustees-owned lands for

15  a proposed activity. If In the event that substantive

16  objections are raised, the department or water management

17  district may hold an informal public hearing in the county in

18  which the proposed activity lies. If the board of trustees or,

19  the department, or a water management district, as is

20  appropriate, determines that the sale, lease, exchange, or

21  granting of an easement is not contrary to the public

22  interest, or is in the public interest when required by law,

23  it may approve the proposed activity. The sale of sovereignty

24  submerged lands shall require a determination that the

25  proposed sale is in the public interest.

26         (3)  The board may also publish, or require an

27  applicant to publish, in a newspaper of general circulation

28  within the affected area, a notice of receipt of the

29  application and a notice of intended agency action. The board

30  shall also provide notice of intended agency action to the

31  

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 1  applicant and to those who have requested a copy of the

 2  intended agency action for that application.

 3         (4)  Failure to provide the notice as set out in

 4  subsections (1) and (3) shall not invalidate the sale,

 5  exchange, lease, or easement.

 6         (5)  The notice and publication requirements of this

 7  section do not apply to:

 8         (a)  The release of any reservations contained in

 9  Murphy Act deeds or deeds of the board of trustees;

10         (b)  Any conveyance of land lying landward of the line

11  of mean high water, which land does not exceed 5 acres in

12  area;

13         (c)  Any lands covered by the provisions of ss.

14  253.12(6), (9), and (10), and 253.129;

15         (d)  The lease of or easement for any land when the

16  land is being leased to a state agency;

17         (e)  Sovereignty land easements for existing activities

18  completed prior to March 27, 1982;

19         (f)  The conversion of existing marina licenses to

20  sovereignty land leases;

21         (g)  Sovereignty land leases for registered and

22  existing unregistered grandfathered facilities;

23         (h)  The conveyance of lands pursuant to the provisions

24  of former s. 373.4592(4)(b);

25         (i)  Renewals, modifications, or assignments; or

26         (j)  Lands managed pursuant to ss. 253.781-253.785;.

27         (k)  Homestead, railroad, or canal grants as provided

28  by law; or

29         (l)  Lands conveyed pursuant to s. 253.111.

30         (6)  The board may establish alternative notice

31  requirements to those in subsections (1) and (3), including a

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 1  waiver of notice, if adopted by rule, for proposed activities

 2  under this section which also qualify for a general permit

 3  pursuant to chapter 373. Such alternative notice requirements

 4  shall take into account the nature and scope of the proposed

 5  activities and the effect on other persons.

 6         (7)  In the disposition of parcels of state-owned

 7  uplands, the Board of Trustees of the Internal Improvement

 8  Trust Fund may procure real estate sales services, including

 9  open listings, exclusive listings, or auction or other

10  appropriate services, to facilitate the sale of such lands.

11         Section 8.  Section 253.42, Florida Statutes, is

12  amended to read:

13         253.42  Board of trustees may exchange lands.--The

14  provisions of this section apply to all lands owned by, vested

15  in, or titled in the name of the board whether the lands were

16  purchased acquired by the state as a purchase, or acquired

17  through gift, donation, or any other conveyance for which no

18  consideration was paid.

19         (1)  Subject to the provisions of ss. 253.034 and

20  253.0341, the board of trustees may exchange any lands owned

21  by, vested in, or titled in the name of the board for other

22  lands in the state owned by counties, local governments,

23  individuals, or private or public corporations, and may fix

24  the terms and conditions of any such exchange. Any

25  nonconservation lands that were acquired by the state through

26  gift, donation, or any other conveyance for which no

27  consideration was paid must first be offered in exchange at no

28  cost to a county or local government unless otherwise provided

29  in a deed restriction of record or other legal impediment, and

30  so long as the use proposed by the county or local government

31  is for a public purpose. For conservation lands acquired by

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 1  the state through gift, donation, or any other conveyance for

 2  which no consideration was paid, the state may request land of

 3  equal conservation value from the county or local government

 4  but no other consideration.

 5         (2)  In exchanging state conservation state-owned lands

 6  purchased not acquired by the state through gift, donation, or

 7  any other conveyance for which no consideration was paid, with

 8  counties or local governments, the board shall require an

 9  exchange of equal value. Equal value is defined as the

10  conservation benefit of the lands being offered for exchange

11  by a county or local government being equal or greater in

12  conservation benefit than the state-owned lands. Such

13  exchanges may include cash transactions if based on an

14  appropriate measure of value of the state-owned land, but must

15  also include the determination of a net-positive conservation

16  benefit by the Acquisition and Restoration Council as provided

17  in s. 253.034, irrespective of appraised value.

18         (3)  The board shall select and agree upon the state

19  lands to be exchanged, shall agree to and the lands to be

20  conveyed to the state, and shall pay or receive any sum of

21  money deemed necessary by the board for the purpose of

22  equalizing the value of the exchanged property. The board is

23  authorized to make and enter into contracts or agreements for

24  such purpose or purposes.

25         (4)  The public purposes of lands exchanged under the

26  provisions of this section with a county or local government

27  include public schools, public libraries, fire or law

28  enforcement substations, and governmental, judicial, or

29  recreational centers. Public purposes may also include the

30  capital improvement elements or the concurrency requirements

31  that are required under a local comprehensive land use plan as

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 1  provided in s. 163.3177. The use of lands exchanged under this

 2  section by a county or unit of local government may not be

 3  limited by rules of the board.

 4         Section 9.  Section 253.783, Florida Statutes, is

 5  amended to read:

 6         253.783  Additional powers and duties of the

 7  department; disposition of surplus lands of the former Cross

 8  Florida Barge Canal; payments to counties.--

 9         (1)  The department shall make no expenditures for the

10  purpose of acquiring land for constructing, operating, or

11  promoting a canal across the peninsula of Florida connecting

12  the waters of the Atlantic Ocean with the waters of the Gulf

13  of Mexico via the St. Johns River.

14         (2)  It is declared to be in the public interest that

15  the department shall do and is hereby authorized to do any and

16  all things and incur and pay, for the public purposes

17  described herein, any and all expenses necessary, convenient,

18  and proper to:

19         (a)  Offer any land of the former Cross Florida Barge

20  Canal which is declared to be surplus, at current appraised

21  value, to the counties in which the surplus land lies, for

22  acquisition for specific public purposes.  Any county, at its

23  option, may elect to acquire any lands so offered without

24  monetary payment.  The fair market value of any lands parcels

25  so transferred shall be subtracted from the county's

26  reimbursement under paragraph (e). These offers will be made

27  within 3 calendar months after the date the management plan is

28  adopted and will be valid for 180 days after the date of the

29  offer.

30         (b)  Extend the second right of refusal, at current

31  appraised value, to the original owner from whom the Canal

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 1  Authority of the State of Florida or the United States Army

 2  Corps of Engineers acquired the land of the former Cross

 3  Florida Barge Canal or the original owner's heirs. These

 4  offers shall be made by public advertisement in not fewer than

 5  three newspapers of general circulation within the area of the

 6  canal route, one of which shall be a newspaper in the county

 7  in which the lands declared to be surplus are located.  The

 8  public advertisements shall be run for a period of 14 days.

 9  These offers will be valid for 30 days after the expiration

10  date of any offers made under paragraph (a), or 30 days after

11  the date publication begins, whichever is later.

12         (c)  Extend the third right of refusal, at current

13  appraised value, to any person having a leasehold interest in

14  the land of the former Cross Florida Barge Canal from the

15  canal authority. These offers shall be advertised as provided

16  in paragraph (b) and will be valid for 30 days after the

17  expiration date of the offers made under paragraph (b), or 30

18  days after the date publication begins, whichever is later.

19         (d)  Offer surplus lands of the former Cross Florida

20  Barge Canal which are not purchased or transferred under

21  paragraphs (a)-(c) to the highest bidder at public sale.  Such

22  surplus lands and the public sale shall be described and

23  advertised in a newspaper of general circulation within the

24  county in which the lands are located not less than 14

25  calendar days prior to the date on which the public sale is to

26  be held.  The current appraised value of such surplus lands

27  will be the minimum acceptable bid.

28         (e)  Refund to the counties of the Cross Florida Canal

29  Navigation District moneys pursuant to this paragraph from the

30  funds derived from the conveyance of lands of the project to

31  the Federal Government or any agency thereof, pursuant to s.

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 1  253.781, and from the sales of surplus lands of the former

 2  Cross Florida Barge Canal pursuant to this section. Following

 3  federal deauthorization of the project, such refunds shall

 4  consist of the $9,340,720 principal in ad valorem taxes

 5  contributed by the counties and the interest which had accrued

 6  on that amount from the time of payment to June 30, 1985. In

 7  no event shall the counties be paid less than the aggregate

 8  sum of $32 million in cash or the appraised values of the

 9  surplus lands. Such refunds shall be in proportion to the ad

10  valorem tax share paid to the Cross Florida Canal Navigation

11  District by the respective counties. Should the funds derived

12  from the conveyance of lands of the project to the Federal

13  Government for payment or from the sale of surplus land be

14  inadequate to pay the total of the principal plus interest,

15  first priority shall be given to repaying the principal and

16  second priority shall be given to repaying the interest.

17  Interest to be refunded to the counties shall be compounded

18  annually at the following rates: 1937-1950, 4 percent;

19  1951-1960, 5 percent; 1961-1970, 6 percent; 1971-1975, 7

20  percent; 1976-June 30, 1985, 8 percent. In computing interest,

21  amounts already repaid to the counties shall not be subject to

22  further assessments of interest. Any partial repayments

23  provided to the counties under this act shall be considered as

24  contributing to the total repayment owed to the counties.

25  Should the funds generated by conveyance to the Federal

26  Government and sales of surplus lands be more than sufficient

27  to repay said counties in accordance with this section, such

28  excess funds may be used for the maintenance of the greenways

29  corridor.

30         (f)  Carry out the purposes of this act.

31  

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 1         Section 10.  Section 259.032, Florida Statutes, is

 2  amended to read:

 3         259.032  Conservation and Recreation Lands Trust Fund;

 4  purpose.--

 5         (1)  It is the policy of the state that the citizens of

 6  this state shall be assured public ownership of natural areas

 7  for purposes of maintaining this state's unique natural

 8  resources; protecting air, land, and water quality; promoting

 9  water resource development to meet the needs of natural

10  systems and citizens of this state; promoting restoration

11  activities on public lands; and providing lands for natural

12  resource based recreation. In recognition of this policy, it

13  is the intent of the Legislature to provide such public lands

14  for the people residing in urban and metropolitan areas of the

15  state, as well as those residing in less populated, rural

16  areas. It is the further intent of the Legislature, with

17  regard to the lands described in paragraph (3)(c), that a high

18  priority be given to the acquisition of such lands in or near

19  counties exhibiting the greatest concentration of population

20  and, with regard to the lands described in subsection (3),

21  that a high priority be given to acquiring lands or rights or

22  interests in lands within any area designated as an area of

23  critical state concern under s. 380.05 which, in the judgment

24  of the advisory council established pursuant to s. 259.035, or

25  its successor, cannot be adequately protected by application

26  of land development regulations adopted pursuant to s. 380.05.

27  Finally, it is the Legislature's intent that lands acquired

28  through this program and any successor programs be managed in

29  such a way as to protect or restore their natural resource

30  values, and provide the greatest benefit, including public

31  access, to the citizens of this state.

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 1         (1)(2)(a)  The Conservation and Recreation Lands Trust

 2  Fund is established within the Department of Environmental

 3  Protection. The fund shall be used as a nonlapsing, revolving

 4  fund exclusively for the purposes of this section. The fund

 5  shall be credited with proceeds from the following excise

 6  taxes:

 7         1.  The excise taxes on documents as provided in s.

 8  201.15; and

 9         2.  The excise tax on the severance of phosphate rock

10  as provided in s. 211.3103.

11  

12  The Department of Revenue shall credit to the fund each month

13  the proceeds from such taxes as provided in this paragraph.

14         (b)  There shall annually be transferred from the

15  Conservation and Recreation Lands Trust Fund to the Land

16  Acquisition Trust Fund that amount, not to exceed $20 million

17  annually, as shall be necessary to pay the debt service on, or

18  fund debt service reserve funds, rebate obligations, or other

19  amounts with respect to bonds issued pursuant to s. 375.051 to

20  acquire lands on the established priority list developed

21  pursuant to this section; however, no moneys transferred to

22  the Land Acquisition Trust Fund pursuant to this paragraph, or

23  earnings thereon, shall be used or made available to pay debt

24  service on the Save Our Coast revenue bonds. Amounts

25  transferred annually from the Conservation and Recreation

26  Lands Trust Fund to the Land Acquisition Trust Fund pursuant

27  to this paragraph shall have the highest priority over other

28  payments or transfers from the Conservation and Recreation

29  Lands Trust Fund, and no other payments or transfers shall be

30  made from the Conservation and Recreation Lands Trust Fund

31  

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 1  until such transfers to the Land Acquisition Trust Fund have

 2  been made.

 3         (c)  Effective July 1, 2001, Moneys in the Conservation

 4  and Recreation Lands Trust Fund also shall be used to manage

 5  lands and to pay for related costs, activities, and functions

 6  pursuant to the provisions of this section.

 7         (3)  The Governor and Cabinet, sitting as the Board of

 8  Trustees of the Internal Improvement Trust Fund, may allocate

 9  moneys from the fund in any one year to acquire the fee or any

10  lesser interest in lands for the following public purposes:

11         (a)  To conserve and protect environmentally unique and

12  irreplaceable lands that contain native, relatively unaltered

13  flora and fauna representing a natural area unique to, or

14  scarce within, a region of this state or a larger geographic

15  area;

16         (b)  To conserve and protect lands within designated

17  areas of critical state concern, if the proposed acquisition

18  relates to the natural resource protection purposes of the

19  designation;

20         (c)  To conserve and protect native species habitat or

21  endangered or threatened species, emphasizing long-term

22  protection for endangered or threatened species designated G-1

23  or G-2 by the Florida Natural Areas Inventory, and especially

24  those areas that are special locations for breeding and

25  reproduction;

26         (d)  To conserve, protect, manage, or restore important

27  ecosystems, landscapes, and forests, if the protection and

28  conservation of such lands is necessary to enhance or protect

29  significant surface water, groundwater, coastal, recreational,

30  timber, or fish or wildlife resources which cannot otherwise

31  be accomplished through local and state regulatory programs;

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 1         (e)  To promote water resource development that

 2  benefits natural systems and citizens of the state;

 3         (f)  To facilitate the restoration and subsequent

 4  health and vitality of the Florida Everglades;

 5         (g)  To provide areas, including recreational trails,

 6  for natural resource based recreation and other outdoor

 7  recreation on any part of any site compatible with

 8  conservation purposes;

 9         (h)  To preserve significant archaeological or historic

10  sites; or

11         (i)  To conserve urban open spaces suitable for

12  greenways or outdoor recreation which are compatible with

13  conservation purposes.

14         (4)  Lands acquired under this section shall be for use

15  as state-designated parks, recreation areas, preserves,

16  reserves, historic or archaeological sites, geologic or

17  botanical sites, recreational trails, forests, wilderness

18  areas, wildlife management areas, urban open space, or other

19  state-designated recreation or conservation lands; or they

20  shall qualify for such state designation and use if they are

21  to be managed by other governmental agencies or nonstate

22  entities as provided for in this section.

23         (2)(5)  The board of trustees may allocate, in any

24  year, an amount not to exceed 5 percent of the money credited

25  to the fund in that year, such allocation to be used for the

26  initiation and maintenance of a natural areas inventory to aid

27  in the identification of areas to be acquired pursuant to this

28  section.

29         (3)(6)  Moneys in the fund not needed to meet

30  obligations incurred under this section shall be deposited

31  with the Chief Financial Officer to the credit of the fund and

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 1  may be invested in the manner provided by law. Interest

 2  received on such investments shall be credited to the

 3  Conservation and Recreation Lands Trust Fund.

 4         (4)(7)  The board of trustees may enter into any

 5  contract necessary to accomplish the purposes of this section.

 6  The lead land managing agencies designated by the board of

 7  trustees also are directed by the Legislature to enter into

 8  contracts or interagency agreements with other governmental

 9  entities, including local soil and water conservation

10  districts, or private land managers who have the expertise to

11  perform specific management activities which a lead agency

12  lacks, or which would cost more to provide in-house.  Such

13  activities shall include, but not be limited to, controlled

14  burning, road and ditch maintenance, mowing, and wildlife

15  assessments.

16         (8)  Lands to be considered for purchase under this

17  section are subject to the selection procedures of s. 259.035

18  and related rules and shall be acquired in accordance with

19  acquisition procedures for state lands provided for in s.

20  259.041, except as otherwise provided by the Legislature. An

21  inholding or an addition to a project selected for purchase

22  pursuant to this chapter is not subject to the selection

23  procedures of s. 259.035 if the estimated value of such

24  inholding or addition does not exceed $500,000. When at least

25  90 percent of the acreage of a project has been purchased

26  pursuant to this chapter, the project may be removed from the

27  list and the remaining acreage may continue to be purchased.

28         (5)  At the discretion of the board, moneys from the

29  fund may be used for title work, appraisal fees, environmental

30  audits, and survey costs related to acquisition expenses for

31  conservation lands to be purchased, donated, or exchanged

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 1  acquired, donated, or exchanged which qualify under the

 2  categories of this section, at the discretion of the board.

 3         (6)  When the board of trustees Legislature has

 4  authorized the Department of Environmental Protection to

 5  condemn a specific parcel of land and such parcel has already

 6  been approved for acquisition for conservation purposes under

 7  this section, the land may be acquired in accordance with the

 8  provisions of chapter 73 or chapter 74, and the fund may be

 9  used to pay the condemnation award and all costs, including a

10  reasonable attorney's fee, associated with condemnation.

11         (9)  All lands managed under this chapter and s.

12  253.034 shall be:

13         (a)  Managed in a manner that will provide the greatest

14  combination of benefits to the public and to the resources.

15         (b)  Managed for public outdoor recreation which is

16  compatible with the conservation and protection of public

17  lands. Such management may include, but not be limited to, the

18  following public recreational uses:  fishing, hunting,

19  camping, bicycling, hiking, nature study, swimming, boating,

20  canoeing, horseback riding, diving, model hobbyist activities,

21  birding, sailing, jogging, and other related outdoor

22  activities compatible with the purposes for which the lands

23  were acquired.

24         (c)  Managed for the purposes for which the lands were

25  acquired, consistent with paragraph (11)(a).

26         (d)  Concurrent with its adoption of the annual

27  Conservation and Recreation Lands list of acquisition projects

28  pursuant to s. 259.035, the board of trustees shall adopt a

29  management prospectus for each project. The management

30  prospectus shall delineate:

31         1.  The management goals for the property;

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 1         2.  The conditions that will affect the intensity of

 2  management;

 3         3.  An estimate of the revenue-generating potential of

 4  the property, if appropriate;

 5         4.  A timetable for implementing the various stages of

 6  management and for providing access to the public, if

 7  applicable;

 8         5.  A description of potential multiple-use activities

 9  as described in this section and s. 253.034;

10         6.  Provisions for protecting existing infrastructure

11  and for ensuring the security of the project upon acquisition;

12         7.  The anticipated costs of management and projected

13  sources of revenue, including legislative appropriations, to

14  fund management needs; and

15         8.  Recommendations as to how many employees will be

16  needed to manage the property, and recommendations as to

17  whether local governments, volunteer groups, the former

18  landowner, or other interested parties can be involved in the

19  management.

20         (e)  Concurrent with the approval of the acquisition

21  contract pursuant to s. 259.041(3)(c) for any interest in

22  lands, the board of trustees shall designate an agency or

23  agencies to manage such lands and shall evaluate and amend, as

24  appropriate, the management policy statement for the project

25  as provided by s. 259.035, consistent with the purposes for

26  which the lands are acquired. For any fee simple acquisition

27  of a parcel which is or will be leased back for agricultural

28  purposes, or any acquisition of a less-than-fee interest in

29  land that is or will be used for agricultural purposes, the

30  Board of Trustees of the Internal Improvement Trust Fund shall

31  first consider having a soil and water conservation district,

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 1  created pursuant to chapter 582, manage and monitor such

 2  interests.

 3         (f)  State agencies designated to manage lands acquired

 4  under this chapter may contract with local governments and

 5  soil and water conservation districts to assist in management

 6  activities, including the responsibility of being the lead

 7  land manager.  Such land management contracts may include a

 8  provision for the transfer of management funding to the local

 9  government or soil and water conservation district from the

10  Conservation and Recreation Lands Trust Fund in an amount

11  adequate for the local government or soil and water

12  conservation district to perform its contractual land

13  management responsibilities and proportionate to its

14  responsibilities, and which otherwise would have been expended

15  by the state agency to manage the property.

16         (g)  Immediately following the acquisition of any

17  interest in lands under this chapter, the Department of

18  Environmental Protection, acting on behalf of the board of

19  trustees, may issue to the lead managing entity an interim

20  assignment letter to be effective until the execution of a

21  formal lease.

22         (10)(a)  State, regional, or local governmental

23  agencies or private entities designated to manage lands under

24  this section shall develop and adopt, with the approval of the

25  board of trustees, an individual management plan for each

26  project designed to conserve and protect such lands and their

27  associated natural resources. Private sector involvement in

28  management plan development may be used to expedite the

29  planning process.

30         (b)  Individual management plans required by s.

31  253.034(5), for parcels over 160 acres, shall be developed

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 1  with input from an advisory group. Members of this advisory

 2  group shall include, at a minimum, representatives of the lead

 3  land managing agency, comanaging entities, local private

 4  property owners, the appropriate soil and water conservation

 5  district, a local conservation organization, and a local

 6  elected official.  The advisory group shall conduct at least

 7  one public hearing within the county in which the parcel or

 8  project is located. For those parcels or projects that are

 9  within more than one county, at least one areawide public

10  hearing shall be acceptable and the lead managing agency shall

11  invite a local elected official from each county. The areawide

12  public hearing shall be held in the county in which the core

13  parcels are located. Notice of such public hearing shall be

14  posted on the parcel or project designated for management,

15  advertised in a paper of general circulation, and announced at

16  a scheduled meeting of the local governing body before the

17  actual public hearing.  The management prospectus required

18  pursuant to paragraph (9)(d) shall be available to the public

19  for a period of 30 days prior to the public hearing.

20         (c)  Once a plan is adopted, the managing agency or

21  entity shall update the plan at least every 10 years in a form

22  and manner prescribed by rule of the board of trustees. Such

23  updates, for parcels over 160 acres, shall be developed with

24  input from an advisory group. Such plans may include transfers

25  of leasehold interests to appropriate conservation

26  organizations or governmental entities designated by the Land

27  Acquisition and Management Advisory Council or its successor,

28  for uses consistent with the purposes of the organizations and

29  the protection, preservation, conservation, restoration, and

30  proper management of the lands and their resources. Volunteer

31  management assistance is encouraged, including, but not

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 1  limited to, assistance by youths participating in programs

 2  sponsored by state or local agencies, by volunteers sponsored

 3  by environmental or civic organizations, and by individuals

 4  participating in programs for committed delinquents and

 5  adults.

 6         (d)  For each project for which lands are acquired

 7  after July 1, 1995, an individual management plan shall be

 8  adopted and in place no later than 1 year after the essential

 9  parcel or parcels identified in the annual Conservation and

10  Recreation Lands report prepared pursuant to s. 259.035(2)(a)

11  have been acquired. Beginning in fiscal year 1998-1999, the

12  Department of Environmental Protection shall distribute only

13  75 percent of the acquisition funds to which a budget entity

14  or water management district would otherwise be entitled from

15  the Preservation 2000 Trust Fund to any budget entity or any

16  water management district that has more than one-third of its

17  management plans overdue.

18         (e)  Individual management plans shall conform to the

19  appropriate policies and guidelines of the state land

20  management plan and shall include, but not be limited to:

21         1.  A statement of the purpose for which the lands were

22  acquired, the projected use or uses as defined in s. 253.034,

23  and the statutory authority for such use or uses.

24         2.  Key management activities necessary to preserve and

25  protect natural resources and restore habitat, and for

26  controlling the spread of nonnative plants and animals, and

27  for prescribed fire and other appropriate resource management

28  activities.

29         3.  A specific description of how the managing agency

30  plans to identify, locate, protect, and preserve, or otherwise

31  use fragile, nonrenewable natural and cultural resources.

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 1         4.  A priority schedule for conducting management

 2  activities, based on the purposes for which the lands were

 3  acquired.

 4         5.  A cost estimate for conducting priority management

 5  activities, to include recommendations for cost-effective

 6  methods of accomplishing those activities.

 7         6.  A cost estimate for conducting other management

 8  activities which would enhance the natural resource value or

 9  public recreation value for which the lands were acquired. The

10  cost estimate shall include recommendations for cost-effective

11  methods of accomplishing those activities.

12         7.  A determination of the public uses and public

13  access that would be consistent with the purposes for which

14  the lands were acquired.

15         (f)  The Division of State Lands shall submit a copy of

16  each individual management plan for parcels which exceed 160

17  acres in size to each member of the Land Acquisition and

18  Management Advisory Council or its successor, which shall:

19         1.  Within 60 days after receiving a plan from the

20  division, review each plan for compliance with the

21  requirements of this subsection and with the requirements of

22  the rules established by the board pursuant to this

23  subsection.

24         2.  Consider the propriety of the recommendations of

25  the managing agency with regard to the future use or

26  protection of the property.

27         3.  After its review, submit the plan, along with its

28  recommendations and comments, to the board of trustees, with

29  recommendations as to whether to approve the plan as

30  submitted, approve the plan with modifications, or reject the

31  plan.

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 1         (g)  The board of trustees shall consider the

 2  individual management plan submitted by each state agency and

 3  the recommendations of the Land Acquisition and Management

 4  Advisory Council, or its successor, and the Division of State

 5  Lands and shall approve the plan with or without modification

 6  or reject such plan. The use or possession of any lands owned

 7  by the board of trustees which is not in accordance with an

 8  approved individual management plan is subject to termination

 9  by the board of trustees.

10  

11  By July 1 of each year, each governmental agency and each

12  private entity designated to manage lands shall report to the

13  Secretary of Environmental Protection on the progress of

14  funding, staffing, and resource management of every project

15  for which the agency or entity is responsible.

16         (11)(a)  The Legislature recognizes that acquiring

17  lands pursuant to this chapter serves the public interest by

18  protecting land, air, and water resources which contribute to

19  the public health and welfare, providing areas for natural

20  resource based recreation, and ensuring the survival of unique

21  and irreplaceable plant and animal species.  The Legislature

22  intends for these lands to be managed and maintained for the

23  purposes for which they were acquired and for the public to

24  have access to and use of these lands where it is consistent

25  with acquisition purposes and would not harm the resources the

26  state is seeking to protect on the public's behalf.

27         (b)  An amount up to 1.5 percent of the cumulative

28  total of funds ever deposited into the Florida Preservation

29  2000 Trust Fund and the Florida Forever Trust Fund shall be

30  made available for the purposes of management, maintenance,

31  and capital improvements not eligible for funding pursuant to

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 1  s. 11(e), Art. VII of the State Constitution, and for

 2  associated contractual services, for lands acquired pursuant

 3  to this section, s. 259.101, s. 259.105, or previous programs

 4  for the acquisition of lands for conservation and recreation,

 5  including state forests, to which title is vested in the board

 6  of trustees and other conservation and recreation lands

 7  managed by a state agency. Of this amount, $250,000 shall be

 8  transferred annually to the Plant Industry Trust Fund within

 9  the Department of Agriculture and Consumer Services for the

10  purpose of implementing the Endangered or Threatened Native

11  Flora Conservation Grants Program pursuant to s. 581.185(11).

12  Each agency with management responsibilities shall annually

13  request from the Legislature funds sufficient to fulfill such

14  responsibilities. For the purposes of this paragraph, capital

15  improvements shall include, but need not be limited to,

16  perimeter fencing, signs, firelanes, access roads and trails,

17  and minimal public accommodations, such as primitive

18  campsites, garbage receptacles, and toilets. Any equipment

19  purchased with funds provided pursuant to this paragraph may

20  be used for the purposes described in this paragraph on any

21  conservation and recreation lands managed by a state agency.

22         (c)  In requesting funds provided for in paragraph (b)

23  for long-term management of all acquisitions pursuant to this

24  chapter and for associated contractual services, the managing

25  agencies shall recognize the following categories of land

26  management needs:

27         1.  Lands which are low-need tracts, requiring basic

28  resource management and protection, such as state reserves,

29  state preserves, state forests, and wildlife management areas.

30  These lands generally are open to the public but have no more

31  than minimum facilities development.

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 1         2.  Lands which are moderate-need tracts, requiring

 2  more than basic resource management and protection, such as

 3  state parks and state recreation areas.  These lands generally

 4  have extra restoration or protection needs, higher

 5  concentrations of public use, or more highly developed

 6  facilities.

 7         3.  Lands which are high-need tracts, with identified

 8  needs requiring unique site-specific resource management and

 9  protection. These lands generally are sites with historic

10  significance, unique natural features, or very high intensity

11  public use, or sites that require extra funds to stabilize or

12  protect resources, such as lands with heavy infestations of

13  nonnative, invasive plants.

14  

15  In evaluating the management funding needs of lands based on

16  the above categories, the lead land managing agencies shall

17  include in their considerations the impacts of, and needs

18  created or addressed by, multiple-use management strategies.

19         (d)  All revenues generated through multiple-use

20  management or compatible secondary-use management shall be

21  returned to the lead agency responsible for such management

22  and shall be used to pay for management activities on all

23  conservation, preservation, and recreation lands under the

24  agency's jurisdiction.  In addition, such revenues shall be

25  segregated in an agency trust fund and shall remain available

26  to the agency in subsequent fiscal years to support land

27  management appropriations. For the purposes of this paragraph,

28  compatible secondary-use management shall be those activities

29  described in subsection (9) undertaken on parcels designated

30  as single use pursuant to s. 253.034(2)(b).

31  

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 1         (e)  Up to one-fifth of the funds provided for in

 2  paragraph (b) shall be reserved by the board of trustees for

 3  interim management of acquisitions and for associated

 4  contractual services, to ensure the conservation and

 5  protection of natural resources on project sites and to allow

 6  limited public recreational use of lands.  Interim management

 7  activities may include, but not be limited to, resource

 8  assessments, control of invasive, nonnative species, habitat

 9  restoration, fencing, law enforcement, controlled burning, and

10  public access consistent with preliminary determinations made

11  pursuant to paragraph (9)(g). The board of trustees shall make

12  these interim funds available immediately upon purchase.

13         (f)  The department shall set long-range and annual

14  goals for the control and removal of nonnative, invasive plant

15  species on public lands. Such goals shall differentiate

16  between aquatic plant species and upland plant species.  In

17  setting such goals, the department may rank, in order of

18  adverse impact, species that impede or destroy the functioning

19  of natural systems. Notwithstanding paragraph (a), up to

20  one-fourth of the funds provided for in paragraph (b) may be

21  used by the agencies receiving those funds for control and

22  removal of nonnative, invasive species on public lands.

23         (g)  In addition to the purposes specified in paragraph

24  (b), funds from the 1.5 percent of the cumulative total of

25  funds ever deposited into the Florida Preservation 2000 Trust

26  Fund and the Florida Forever Trust Fund may be appropriated

27  for the 2005-2006 fiscal year for the construction of

28  replacement museum facilities. This paragraph expires July 1,

29  2006.

30         (12)(a)  Beginning July 1, 1999, the Legislature shall

31  make available sufficient funds annually from the Conservation

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 1  and Recreation Lands Trust Fund to the department for payment

 2  in lieu of taxes to qualifying counties and local governments

 3  as defined in paragraph (b) for all actual tax losses incurred

 4  as a result of board of trustees acquisitions for state

 5  agencies under the Florida Forever program or the Florida

 6  Preservation 2000 program during any year. Reserved funds not

 7  used for payments in lieu of taxes in any year shall revert to

 8  the fund to be used for land management in accordance with the

 9  provisions of this section.

10         (b)  Payment in lieu of taxes shall be available:

11         1.  To all counties that have a population of 150,000

12  or fewer. Population levels shall be determined pursuant to s.

13  11.031.

14         2.  To all local governments located in eligible

15  counties.

16         3.  To Glades County, where a privately owned and

17  operated prison leased to the state has recently been opened

18  and where privately owned and operated juvenile justice

19  facilities leased to the state have recently been constructed

20  and opened, a payment in lieu of taxes, in an amount that

21  offsets the loss of property tax revenue, which funds have

22  already been appropriated and allocated from the Department of

23  Correction's budget for the purpose of reimbursing amounts

24  equal to lost ad valorem taxes.

25         (c)  If insufficient funds are available in any year to

26  make full payments to all qualifying counties and local

27  governments, such counties and local governments shall receive

28  a pro rata share of the moneys available.

29         (d)  The payment amount shall be based on the average

30  amount of actual taxes paid on the property for the 3 years

31  preceding acquisition. Applications for payment in lieu of

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 1  taxes shall be made no later than January 31 of the year

 2  following acquisition. No payment in lieu of taxes shall be

 3  made for properties which were exempt from ad valorem taxation

 4  for the year immediately preceding acquisition.

 5         (e)  If property which was subject to ad valorem

 6  taxation was acquired by a tax-exempt entity for ultimate

 7  conveyance to the state under this chapter, payment in lieu of

 8  taxes shall be made for such property based upon the average

 9  amount of taxes paid on the property for the 3 years prior to

10  its being removed from the tax rolls. The department shall

11  certify to the Department of Revenue those properties that may

12  be eligible under this provision. Once eligibility has been

13  established, that county or local government shall receive 10

14  consecutive annual payments for each tax loss, and no further

15  eligibility determination shall be made during that period.

16         (f)  Payment in lieu of taxes pursuant to this

17  subsection shall be made annually to qualifying counties and

18  local governments after certification by the Department of

19  Revenue that the amounts applied for are reasonably

20  appropriate, based on the amount of actual taxes paid on the

21  eligible property. With the assistance of the local government

22  requesting payment in lieu of taxes, the state agency that

23  acquired the land is responsible for preparing and submitting

24  application requests for payment to the Department of Revenue

25  for certification.

26         (g)  If the board of trustees conveys to a local

27  government title to any land owned by the board, any payments

28  in lieu of taxes on the land made to the local government

29  shall be discontinued as of the date of the conveyance.

30  

31  

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 1  For the purposes of this subsection, "local government"

 2  includes municipalities, the county school board, mosquito

 3  control districts, and any other local government entity which

 4  levies ad valorem taxes, with the exception of a water

 5  management district.

 6         (13)  Moneys credited to the fund each year which are

 7  not used for management, maintenance, or capital improvements

 8  pursuant to subsection (11); for payment in lieu of taxes

 9  pursuant to subsection (12); or for the purposes of subsection

10  (5), shall be available for the acquisition of land pursuant

11  to this section.

12         (14)  The board of trustees may adopt rules to further

13  define the categories of land for acquisition under this

14  chapter.

15         (15)  Within 90 days after receiving a certified letter

16  from the owner of a property on the Conservation and

17  Recreation Lands list or the priority list established

18  pursuant to s. 259.105 objecting to the property being

19  included in an acquisition project, where such property is a

20  project or part of a project which has not been listed for

21  purchase in the current year's land acquisition work plan, the

22  board of trustees shall delete the property from the list or

23  from the boundary of an acquisition project on the list.

24         Section 11.  Section 259.0321, Florida Statutes, is

25  created to read:

26         259.0321  Management of conservation lands; additional

27  requirements.--

28         (1)  All lands acquired for conservation purposes and

29  managed under this chapter and s. 253.034 shall be managed:

30         (a)  In a manner that will provide the greatest

31  combination of benefits to the public and to the resources

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 1  while conserving and protecting such lands and their natural

 2  resources.

 3         (b)  For the purposes for which the lands were acquired

 4  and to allow the public to have access to and use of these

 5  lands where it is consistent with acquisition purposes and

 6  would not harm the resources the state is seeking to protect

 7  on the public's behalf.

 8         (c)  For public outdoor-recreation uses that are

 9  compatible with the conservation and protection of public

10  lands. Such uses may include, but need not be limited to,

11  fishing, hunting, camping, bicycling, hiking, nature study,

12  swimming, boating, canoeing, horseback riding, diving, model

13  hobbyist activities, birding, sailing, jogging, and other

14  related outdoor activities that are compatible with the

15  purposes for which the lands were acquired.

16         (2)(a)  Concurrent with its adoption of the list of

17  acquisition projects pursuant to s. 259.035, the board of

18  trustees shall adopt a management prospectus for each project.

19  The management prospectus must delineate:

20         1.  The management goals for the property;

21         2.  The conditions that will affect the intensity of

22  management;

23         3.  An estimate of the revenue-generating potential of

24  the property, if appropriate;

25         4.  A timetable for implementing the various stages of

26  management and for providing access to the public, if

27  applicable;

28         5.  A description of potential multiple-use activities

29  as described in this section;

30         6.  Provisions for protecting existing infrastructure

31  and for ensuring the security of the project upon acquisition;

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 1         7.  The anticipated costs of management and projected

 2  sources of revenue, including legislative appropriations, to

 3  fund management needs;

 4         8.  Recommendations as to how many employees will be

 5  needed to manage the property; and

 6         9.  Recommendations as to whether local governments,

 7  volunteer groups, the former landowner, or other interested

 8  parties can be involved in the management.

 9         (b)  Concurrent with the approval of the contract to

10  acquire any interest in conservation lands pursuant to s.

11  253.025, the board of trustees shall designate a lead managing

12  agency and shall evaluate and amend, as appropriate, the

13  management policy statement for the project as provided by s.

14  259.035. For any fee simple acquisition that is or will be

15  leased back for agricultural purposes or any acquisition of a

16  less-than-fee interest in land that is or will be used for

17  agricultural purposes, the board of trustees shall first

18  consider designating a soil and water conservation district,

19  created pursuant to chapter 582, to manage and monitor such

20  interests.

21         (c)  The agency designated by the board of trustees as

22  the lead managing agency may contract with local governments

23  and soil and water conservation districts to assist in

24  management activities, including the responsibility of being

25  the lead land manager. Such land management contracts may

26  include a provision for the transfer of management funding

27  that otherwise would have been expended to manage the property

28  to the local government or soil and water conservation

29  district from the Conservation and Recreation Lands Trust Fund

30  in an amount adequate for the local government or soil and

31  water conservation district to perform its contractual land

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 1  management responsibilities and proportionate to its

 2  responsibilities.

 3         (d)  Immediately following the acquisition of any

 4  interest in lands under this chapter, the Department of

 5  Environmental Protection, acting on behalf of the board of

 6  trustees, may issue an interim assignment letter to the lead

 7  managing agency which will remain effective until the

 8  execution of a formal management agreement.

 9         (3)(a)  State, regional, or local governmental agencies

10  or private entities designated to manage conservation lands

11  under this section shall develop and adopt, with the approval

12  of the board of trustees, an individual management plan for

13  such lands. Private-sector entities may be used to expedite

14  the development of the management plan. Management plans

15  developed and adopted pursuant to this subsection must be

16  submitted to the Division of State Lands for review under the

17  provisions of s. 253.034.

18         (b)  Individual management plans for parcels larger

19  than 160 acres shall be developed with input from an advisory

20  group. Members of this advisory group shall include, at a

21  minimum, representatives of the lead land managing agency,

22  comanaging entities, local private property owners, the

23  appropriate soil and water conservation district, a local

24  conservation organization, and a local elected official. The

25  advisory group shall conduct at least one public hearing

26  within the county in which the parcel or project is located.

27  For those parcels or projects that are within more than one

28  county, at least one areawide public hearing is acceptable and

29  the lead managing agency shall invite a local elected official

30  from each county. The areawide public hearing shall be held in

31  the county in which the core parcels are located. Notice of

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 1  such public hearing shall be posted on the parcel or project

 2  designated for management, advertised in a paper of general

 3  circulation, and announced at a scheduled meeting of the local

 4  governing body before the actual public hearing. The

 5  management prospectus required pursuant to paragraph (2)(a)

 6  shall be available to the public for a period of 30 days prior

 7  to the public hearing.

 8         (c)  Once a plan is adopted, the managing agency or

 9  entity shall update the plan at least every 10 years as

10  required in s. 253.034(5). Updated plans for parcels larger

11  than 160 acres shall be developed with input from an advisory

12  group. Such updated plans may include transfers of leasehold

13  interests to appropriate conservation organizations or

14  governmental entities designated by the Acquisition and

15  Restoration Council created in s. 259.035, or its successor,

16  for uses consistent with the purposes of the organizations and

17  the protection, preservation, conservation, restoration, and

18  proper management of the lands and their resources. Volunteer

19  management assistance is encouraged, including, but not

20  limited to, assistance by youth participating in programs

21  sponsored by state or local agencies, by volunteers sponsored

22  by environmental or civic organizations, and by individuals

23  participating in programs for committed delinquents and

24  adults.

25         (d)  An individual management plan shall be adopted and

26  in place no later than 1 year after the essential parcel or

27  parcels identified in the list of acquisition projects have

28  been acquired. The Department of Environmental Protection

29  shall distribute only 75 percent of the acquisition funds to

30  which a state budget entity or water management district would

31  otherwise be entitled from the Florida Forever Trust Fund if

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 1  more than one-third of the management plans of that budget

 2  entity or water management district are overdue.

 3         (e)  Individual management plans must conform to the

 4  appropriate policies and guidelines of the state land

 5  management plan and must include, but need not be limited to:

 6         1.  A statement of the purpose for which the lands were

 7  acquired, the projected use or uses of the lands, and the

 8  statutory authority for such use or uses.

 9         2.  Key management activities that are necessary to

10  preserve and protect natural resources, restore habitat,

11  control the spread of nonnative plants and animals, and

12  conduct prescribed burns and other appropriate

13  resource-management 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 which is based on the purposes for which the lands

19  were acquired.

20         5.  A cost estimate for conducting priority management

21  activities, including recommendations for cost-effective

22  methods of accomplishing those activities.

23         6.  A cost estimate for conducting other management

24  activities that would enhance the natural resource value or

25  public recreation value for which the lands were acquired. The

26  cost estimate must include recommendations for cost-effective

27  methods of accomplishing those activities.

28         7.  A determination of the public uses and public

29  access that are consistent with the purposes for which the

30  lands were acquired.

31  

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 1  By July 1 of each year, each governmental agency and each

 2  private entity designated to manage lands shall report to the

 3  Secretary of Environmental Protection on the progress of the

 4  funding, staffing, and resource management of every project

 5  for which the agency or entity is responsible.

 6         (4)(a)  An amount up to 1.5 percent of the cumulative

 7  total of funds ever deposited into the Florida Preservation

 8  2000 Trust Fund and the Florida Forever Trust Fund shall be

 9  made available for the purposes of management, maintenance,

10  and capital improvements that are not eligible to be funded

11  from bonds issued pursuant to s. 11(3), Art. VII of the State

12  Constitution; for associated contractual services for lands,

13  the title to which is vested in the board of trustees,

14  acquired pursuant to s. 259.105 or previous conservation and

15  recreation land acquisition programs; and for other

16  conservation and recreation lands managed by a state agency.

17  Of this amount, $250,000 shall be transferred annually to the

18  Plant Industry Trust Fund within the Department of Agriculture

19  and Consumer Services for the purpose of implementing the

20  Endangered or Threatened Native Flora Conservation Grants

21  Program pursuant to s. 581.185(11). For the purposes of this

22  paragraph, capital improvements include, but need not be

23  limited to, perimeter fencing, signs, firelanes, access roads

24  and trails, and minimal public accommodations, such as

25  primitive campsites, garbage receptacles, and toilets. Any

26  equipment purchased with funds provided pursuant to this

27  paragraph may be used for the purposes described in this

28  paragraph on any conservation and recreation lands managed by

29  a state agency.

30         (b)  Each agency having management responsibilities

31  shall annually request from the Legislature funds sufficient

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 1  to fulfill such responsibilities. In requesting funds for

 2  long-term management of all acquisitions pursuant to this

 3  chapter and for associated contractual services, the managing

 4  agencies shall recognize the following categories of

 5  land-management needs:

 6         1.  Lands that are low-need tracts, requiring basic

 7  resource management and protection, such as state reserves,

 8  state preserves, state forests, and wildlife management areas.

 9  These lands generally are open to the public but have no more

10  than minimum facilities development.

11         2.  Lands that are moderate-need tracts, requiring more

12  than basic resource management and protection, such as state

13  parks and state recreation areas. These lands generally have

14  extra restoration or protection needs, higher concentrations

15  of public use, or more highly developed facilities.

16         3.  Lands that are high-need tracts, having identified

17  needs that require unique site-specific resource management

18  and protection. These lands generally are sites that have

19  historic significance, unique natural features, or very high

20  intensity public use, or sites that require extra funds to

21  stabilize or protect resources, such as lands with heavy

22  infestations of nonnative, invasive plants.

23  

24  In evaluating the management funding needs of lands based on

25  the categories in this paragraph, each lead managing agency

26  shall include the impacts of, and needs created or addressed

27  by, multiple-use management strategies.

28         (c)  All revenues generated through multiple-use

29  management or compatible secondary-use management shall be

30  returned to the lead agency responsible for such management

31  and shall be used to pay for management activities on all

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 1  conservation and recreation lands under the agency's

 2  jurisdiction. In addition, such revenues shall be segregated

 3  in an agency trust fund and shall remain available to the

 4  agency in subsequent fiscal years to support land management

 5  appropriations. For the purposes of this paragraph, compatible

 6  secondary-use management are those activities described in

 7  subsection (1) which are undertaken on parcels designated as

 8  single use pursuant to s. 253.034(2)(b).

 9         (d)  Up to one-fifth of the funds provided for under

10  paragraph (a) shall be reserved by the board of trustees for

11  interim management of acquisitions and for associated

12  contractual services in order to ensure the conservation and

13  protection of natural resources on project sites and to allow

14  limited public recreational use of lands. Interim management

15  activities may include, but need not be limited to, resource

16  assessments, control of invasive, nonnative species, habitat

17  restoration, fencing, law enforcement, controlled burning, and

18  public access consistent with preliminary determinations made

19  pursuant to paragraph (2)(d). The board of trustees shall make

20  these interim funds available immediately upon purchase.

21         (e)  The department shall set long-range and annual

22  goals for the control and removal of nonnative, invasive plant

23  species on public lands. Such goals must differentiate between

24  aquatic plant species and upland plant species. In setting

25  such goals, the department may rank, in order of adverse

26  impact, species that impede or destroy the functioning of

27  natural systems. Up to one-fourth of the funds provided for in

28  paragraph (a) may be used by the agencies receiving those

29  funds for control and removal of nonnative, invasive species

30  on public lands.

31  

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 1         Section 12.  Section 259.0322, Florida Statutes, is

 2  amended to read:

 3         259.0322  Payment in lieu of taxes; qualifying

 4  counties; reinstitution of payments in lieu of taxes;

 5  duration.--

 6         (1)(a)  The Legislature shall annually make available

 7  sufficient funds from the Conservation and Recreation Lands

 8  Trust Fund to the department for payment in lieu of taxes to

 9  qualifying counties and local governments, as defined in

10  paragraph (b), for all actual tax losses incurred as a result

11  of acquisitions for state agencies by the board of trustees

12  under the Florida Forever program during any year. Reserved

13  funds not used for payments in lieu of taxes in any year shall

14  revert to the fund to be used for land management in

15  accordance with the provisions of s. 259.0321.

16         (b)  Payment in lieu of taxes shall be available:

17         1.  To all counties that have a population of 150,000

18  or fewer. Population levels shall be determined pursuant to s.

19  11.031.

20         2.  To all local governments located in eligible

21  counties.

22         3.  To Glades County, where a privately owned and

23  operated prison leased to the state has recently been opened

24  and where privately owned and operated juvenile justice

25  facilities leased to the state have recently been constructed

26  and opened, a payment in an amount that offsets the loss of

27  property tax revenue, which funds have already been

28  appropriated and allocated from the Department of Correction's

29  budget for the purpose of reimbursing amounts equal to lost ad

30  valorem taxes.

31  

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 1         (c)  If insufficient funds are available in any year to

 2  make full payments to all qualifying counties and local

 3  governments, such counties and local governments shall receive

 4  a pro rata share of the moneys available.

 5         (d)  The payment amount shall be based on the average

 6  amount of actual taxes paid on the property for the 3 years

 7  preceding acquisition. Applications for payment in lieu of

 8  taxes shall be made no later than January 31 of the year

 9  following acquisition. No payment in lieu of taxes shall be

10  made for properties that were exempt from ad valorem taxation

11  for the year immediately preceding acquisition.

12         (e)  If property that was subject to ad valorem

13  taxation was acquired by a tax-exempt entity for ultimate

14  conveyance to the state under this chapter, payment in lieu of

15  taxes shall be made for such property based upon the average

16  amount of taxes paid on the property for the 3 years prior to

17  its being removed from the tax rolls. The department shall

18  certify to the Department of Revenue those properties that may

19  be eligible under this paragraph. Once eligibility has been

20  established, that county or local government shall receive 10

21  consecutive annual payments for each tax loss, and no further

22  eligibility determination shall be made during that period.

23         (f)  Payment in lieu of taxes pursuant to this

24  subsection shall be made annually to qualifying counties and

25  local governments after certification by the Department of

26  Revenue that the amounts applied for are reasonably

27  appropriate, based on the amount of actual taxes paid on the

28  eligible property. With the assistance of the local government

29  requesting payment in lieu of taxes, the state agency that

30  acquired the land shall prepare and submit the application

31  

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 1  request for payment to the Department of Revenue for

 2  certification.

 3         (g)  If the board of trustees conveys to a local

 4  government title to any land owned by the board, any payments

 5  in lieu of taxes on the land made to the local government

 6  shall be discontinued as of the date of the conveyance.

 7  

 8  For the purposes of this subsection, the term "local

 9  government" includes municipalities, the county school board,

10  mosquito control districts, and any other local government

11  entity that levies ad valorem taxes, with the exception of a

12  water management district.

13         (2)  If the Department of Environmental Protection has

14  made a payment in lieu of taxes to a governmental entity and

15  subsequently suspended such payment, the department shall

16  reinstitute appropriate payments and continue the payments in

17  consecutive years until the governmental entity has received a

18  total of 10 payments for each tax loss.

19         Section 13.  Section 259.035, Florida Statutes, is

20  amended to read:

21         259.035  Acquisition and Restoration Council.--

22         (1)  There is created the Acquisition and Restoration

23  Council.

24         (a)  The council shall be composed of nine voting

25  members, four of whom shall be appointed by the Governor.

26  These four appointees shall be from scientific disciplines

27  related to land, water, or environmental sciences. They shall

28  serve 4-year terms, except that, initially, to provide for

29  staggered terms, two of the appointees shall serve 2-year

30  terms.  All subsequent appointments shall be for 4-year terms.

31  No appointee shall serve more than 6 years.  The Governor may

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 1  at any time fill a vacancy for the unexpired term of a member

 2  appointed under this paragraph.

 3         (b)  The five remaining appointees shall be composed of

 4  the Secretary of Environmental Protection, the director of the

 5  Division of Forestry of the Department of Agriculture and

 6  Consumer Services, the executive director of the Fish and

 7  Wildlife Conservation Commission, the director of the Division

 8  of Historical Resources of the Department of State, and the

 9  secretary of the Department of Community Affairs, or their

10  respective designees.

11         (c)  The Governor shall appoint the chair of the

12  council, and a vice chair shall be elected from among the

13  members.

14         (d)  The council shall hold periodic meetings at the

15  request of the chair.

16         (e)  The Department of Environmental Protection shall

17  provide primary staff support to the council and shall ensure

18  that council meetings are electronically recorded.  Such

19  recording shall be preserved pursuant to chapters 119 and 257.

20         (f)  The board of trustees has authority to adopt rules

21  pursuant to ss. 120.536(1) and 120.54 to implement the

22  provisions of this section.

23         (2)  The four members of the council appointed by the

24  Governor shall receive $75 per day while engaged in the

25  business of the council, as well as expenses and per diem for

26  travel, including attendance at meetings, as allowed state

27  officers and employees while in the performance of their

28  duties, pursuant to s. 112.061.

29         (3)  The council shall provide assistance to the board

30  of trustees in reviewing the recommendations and plans for

31  state-owned conservation lands required under ss. 253.034 and

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 1  259.0321 259.032. The council shall, in reviewing such

 2  recommendations and plans, consider the optimization of

 3  multiple-use and conservation strategies to accomplish the

 4  provisions of s. funded pursuant to ss. 259.101(3)(a) and

 5  259.105(3)(b).

 6         (4)  The council may use existing rules adopted by the

 7  board of trustees, until it develops and recommends amendments

 8  to those rules, to competitively evaluate, select, and rank

 9  projects eligible for the Conservation and Recreation Lands

10  list pursuant to ss. 259.032(3) and 259.101(4) and, beginning

11  no later than May 1, 2001, for Florida Forever funds pursuant

12  to s. 259.105(3)(b). In developing or amending the rules, the

13  council shall give weight to the criteria included in s.

14  259.105(10). The board of trustees shall review the

15  recommendations and shall adopt rules necessary to administer

16  this section.

17         (5)  An affirmative vote of five members of the council

18  is required in order to change a project boundary or to place

19  a proposed project on a list developed pursuant to subsection

20  (4). Any member of the council who by family or a business

21  relationship has a connection with all or a portion of any

22  proposed project shall declare the interest before voting on

23  its inclusion on a list.

24         (4)(6)  Projects proposed for acquisition The proposal

25  for a project pursuant to this section or s. 259.105(3)(b) may

26  be implemented only if adopted by the council and approved by

27  the board of trustees. The council shall consider and evaluate

28  in writing the merits and demerits of each project that is

29  proposed for Conservation and Recreation Lands, Florida

30  Preservation 2000, or Florida Forever funding and shall ensure

31  that each proposed project will meet a stated public purpose

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 1  for the restoration, conservation, or preservation of

 2  environmentally sensitive lands and water areas or for

 3  providing outdoor recreational opportunities. The council also

 4  shall determine whether the project conforms, where

 5  applicable, with the comprehensive plan developed pursuant to

 6  s. 259.04(1)(a), the comprehensive multipurpose outdoor

 7  recreation plan developed pursuant to s. 375.021, the state

 8  lands management plan adopted pursuant to s. 253.03(7), the

 9  water management districts 5-year resources work plans

10  developed pursuant to s. 373.199, and the provisions of s.

11  259.032, s. 259.101, or s. 259.105, whichever is applicable.

12         Section 14.  Subsection (1) of section 259.04, Florida

13  Statutes, is amended to read:

14         259.04  Board; powers and duties.--

15         (1)  For projects and acquisitions selected for

16  purchase pursuant to ss. 259.035, 259.101, and 259.105:

17         (a)  The board is given the responsibility, authority,

18  and power to develop and execute a comprehensive, statewide

19  5-year plan to conserve, restore, and protect environmentally

20  endangered lands, ecosystems, lands necessary for outdoor

21  recreational needs, and other lands as identified in ss.

22  259.032, 259.101, and 259.105. This plan shall be kept current

23  through continual reevaluation and revision. The Acquisition

24  and Restoration Council created in s. 259.035 advisory council

25  or its successor shall assist the board in the development,

26  reevaluation, and revision of the plan.

27         (b)  The board may enter into contracts with the

28  government of the United States or any agency or

29  instrumentality thereof; the state or any county,

30  municipality, district authority, or political subdivision; or

31  any private corporation, partnership, association, or person

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 1  providing for or relating to the conservation or protection of

 2  certain lands in accomplishing the purposes of this chapter.

 3         (c)  Within 45 days after the Acquisition and

 4  Restoration advisory Council or its successor submits the list

 5  lists of projects created pursuant to s. 259.105(8) to the

 6  board, the board shall approve, in whole or in part, the list

 7  lists of projects in the order of priority in which such

 8  projects are presented.  To the greatest extent practicable,

 9  projects on the list lists shall be acquired in their approved

10  order of priority.

11         (d)  The board is authorized to acquire, by purchase,

12  gift, or devise or otherwise, the fee title or any lesser

13  interest of lands, water areas, and related resources for

14  environmentally endangered lands.

15         (e)  Notwithstanding any other provision of law, a

16  project proposed for acquisition under s. 259.105(3)(b) or the

17  Florida Forever list developed pursuant to s. 259.105(8) which

18  is adopted by the Acquisition and Restoration Council and

19  approved by the board of trustees, and for which the total

20  purchase price exceeds more than 50 percent of the funds

21  allocated to the department under the Florida Forever program

22  created in s. 259.105, must be ratified by an act of the

23  Legislature before any contract for the proposed acquisition

24  is binding on the state.

25         Section 15.  Section 259.041, Florida Statutes, is

26  amended to read:

27         259.041  Acquisition of state-owned lands for

28  preservation, conservation, and recreation purposes;

29  additional requirements.--

30         (1)  Neither the Board of Trustees of the Internal

31  Improvement Trust Fund nor its duly authorized agent shall

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 1  commit the state, through any instrument of negotiated

 2  contract or agreement for purchase, to the purchase of lands

 3  with or without appurtenances unless the provisions of this

 4  section have been fully complied with. Except for the

 5  requirements of subsections (3), (14), and (15), the board of

 6  trustees may waive any requirements of this section, may waive

 7  any rules adopted pursuant to this section, notwithstanding

 8  chapter 120, or may substitute other reasonably prudent

 9  procedures, provided the public's interest is reasonably

10  protected. The title to lands acquired pursuant to this

11  section shall vest in the board of trustees as provided in s.

12  253.03(1), unless otherwise provided by law, and all such

13  titled lands shall be administered pursuant to the provisions

14  of s. 253.03.

15         (2)  The board of trustees has authority to adopt rules

16  pursuant to ss. 120.536(1) and 120.54 to implement the

17  provisions of this section, including rules governing the

18  terms and conditions of land purchases. Such rules shall

19  address with specificity, but not be limited to:

20         (a)  The procedures to be followed in the acquisition

21  process, including selection of appraisers, surveyors, title

22  agents and closing agents, and the content of appraisal

23  reports.

24         (b)  The determination of the value of parcels which

25  the state has an interest to acquire.

26         (c)  Special requirements when multiple landowners are

27  involved in an acquisition.

28         (d)  Requirements for obtaining written option

29  agreements so that the interests of the state are fully

30  protected.

31  

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 1         (1)(3)  No agreement to acquire conservation lands real

 2  property for the purposes described in this chapter and real

 3  property for the purposes described in, chapter 260, or

 4  chapter 375, title to which will vest in the board of

 5  trustees, may bind the state unless and until the agreement

 6  has been reviewed by the Division of State Lands and approved

 7  by the Department of Environmental Protection as complying

 8  with the requirements of this section and any rules adopted

 9  pursuant to this section. If Where any of the following

10  conditions exist, the agreement shall be submitted to and

11  approved by the board of trustees:

12         (a)  The purchase price agreed to by the seller exceeds

13  110 percent of the appraised value the value as established

14  pursuant to the rules of the board of trustees;

15         (b)  The contract price agreed to by the seller and

16  acquiring agency exceeds $1 million;

17         (c)  The acquisition is the initial purchase in a

18  project; or

19         (d)  Other conditions that the board of trustees may

20  adopt by rule. Such conditions may include, but not be limited

21  to, projects where title to the property being acquired is

22  considered nonmarketable or is encumbered in such a way as to

23  significantly affect its management.

24  

25  The board of trustees may not approve any acquisition if the

26  purchase price agreed to by the seller exceeds more than 150

27  percent of appraised value as established pursuant to s.

28  253.025. If Where approval of the board of trustees is

29  required pursuant to this subsection, the acquiring agency

30  must provide a justification as to why it is in the public's

31  interest to acquire the parcel or project. Approval of the

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 1  board of trustees also is required for projects the department

 2  recommends acquiring pursuant to subsections (4) and (5) (14)

 3  and (15). Review and approval of agreements for acquisitions

 4  for Florida Greenways and Trails Program properties pursuant

 5  to chapter 260 may be waived by the department in any contract

 6  with nonprofit corporations that have agreed to assist the

 7  department with this program.

 8         (4)  Land acquisition procedures provided for in this

 9  section and related rules are for voluntary, negotiated

10  acquisitions.

11         (5)  For the purposes of this section, the term

12  "negotiations" does not include preliminary contacts with the

13  property owner to determine the availability of the property,

14  existing appraisal data, existing abstracts, and surveys.

15         (6)  Evidence of marketable title in the form of a

16  commitment for title insurance or an abstract of title with a

17  title opinion shall be obtained prior to the conveyance of

18  title, as provided in the final agreement for purchase.

19         (7)  Prior to approval by the board of trustees or,

20  when applicable, the Department of Environmental Protection,

21  of any agreement to purchase land pursuant to this chapter,

22  chapter 260, or chapter 375, and prior to negotiations with

23  the parcel owner to purchase any other land, title to which

24  will vest in the board of trustees, an appraisal of the parcel

25  shall be required as follows:

26         (a)  The board of trustees shall adopt by rule the

27  method for determining the value of parcels sought to be

28  acquired by state agencies pursuant to this section.

29         (b)  Each parcel to be acquired shall have at least one

30  appraisal. Two appraisals are required when the estimated

31  value of the parcel exceeds $500,000. However, when both

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 1  appraisals exceed $500,000 and differ significantly, a third

 2  appraisal may be obtained. When a parcel is estimated to be

 3  worth $100,000 or less and the director of the Division of

 4  State Lands finds that the cost of obtaining an outside

 5  appraisal is not justified, an appraisal prepared by the

 6  division may be used.

 7         (c)  Appraisal fees and associated costs shall be paid

 8  by the agency proposing the acquisition. The board of trustees

 9  shall approve qualified fee appraisal organizations. All

10  appraisals used for the acquisition of lands pursuant to this

11  section shall be prepared by a member of an approved appraisal

12  organization or by a state-certified appraiser who meets the

13  standards and criteria established in rule by the board of

14  trustees. Each fee appraiser selected to appraise a particular

15  parcel shall, prior to contracting with the agency or a

16  participant in a multiparty agreement, submit to that agency

17  or participant an affidavit substantiating that he or she has

18  no vested or fiduciary interest in such parcel.

19         (d)  The fee appraiser and the review appraiser for the

20  agency shall not act in any way that may be construed as

21  negotiating with the property owner.

22         (e)  Generally, appraisal reports are confidential and

23  exempt from the provisions of s. 119.07(1), for use by the

24  agency and the board of trustees, until an option contract is

25  executed or, if no option contract is executed, until 2 weeks

26  before a contract or agreement for purchase is considered for

27  approval by the board of trustees. However, the department has

28  the authority, at its discretion, to disclose appraisal

29  reports to private landowners during negotiations for

30  acquisitions using alternatives to fee simple techniques, if

31  the department determines that disclosure of such reports will

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 1  bring the proposed acquisition to closure. The Division of

 2  State Lands may also disclose appraisal information to public

 3  agencies or nonprofit organizations that agree to maintain the

 4  confidentiality of the reports or information when joint

 5  acquisition of property is contemplated, or when a public

 6  agency or nonprofit organization enters into a written

 7  multiparty agreement with the division to purchase and hold

 8  property for subsequent resale to the division. In addition,

 9  the division may use, as its own, appraisals obtained by a

10  public agency or nonprofit organization, provided the

11  appraiser is selected from the division's list of appraisers

12  and the appraisal is reviewed and approved by the division.

13  For the purposes of this chapter, "nonprofit organization"

14  means an organization whose purposes include the preservation

15  of natural resources, and which is exempt from federal income

16  tax under s. 501(c)(3) of the Internal Revenue Code. The

17  agency may release an appraisal report when the passage of

18  time has rendered the conclusions of value in the report

19  invalid or when the acquiring agency has terminated

20  negotiations.

21         (f)  The Division of State Lands may use, as its own,

22  appraisals obtained by a public agency or nonprofit

23  organization, provided that the appraiser is selected from the

24  division's list of appraisers and the appraisal is reviewed

25  and approved by the division. For the purposes of this

26  chapter, the term "nonprofit organization" means an

27  organization whose purposes include the preservation of

28  natural resources and which is exempt from federal income tax

29  under s. 501(c)(3) of the Internal Revenue Code.

30  

31  

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 1  Notwithstanding the provisions of this subsection, on behalf

 2  of the board and before the appraisal of parcels approved for

 3  purchase under this chapter, the Secretary of Environmental

 4  Protection or the director of the Division of State Lands may

 5  enter into option contracts to buy such parcels. Any such

 6  option contract shall state that the final purchase price is

 7  subject to approval by the board or, when applicable, the

 8  secretary and that the final purchase price may not exceed the

 9  maximum offer allowed by law. The consideration for such an

10  option may not exceed $1,000 or 0.01 percent of the estimate

11  by the department of the value of the parcel, whichever amount

12  is greater.

13         (8)(a)  When the owner is represented by an agent or

14  broker, negotiations may not be initiated or continued until a

15  written statement verifying such agent's or broker's legal or

16  fiduciary relationship with the owner is on file with the

17  agency.

18         (b)  The board of trustees or any state agency may

19  contract for real estate acquisition services, including, but

20  not limited to, surveying, mapping, environmental audits,

21  title work, and legal and other professional assistance to

22  review acquisition agreements and other documents and to

23  perform acquisition closings. However, the department shall

24  use outside counsel for review of any agreements or documents,

25  or to perform acquisition closings unless department staff can

26  conduct the same activity in 15 days or less.

27         (c)  All offers or counteroffers shall be documented in

28  writing and shall be confidential and exempt from the

29  provisions of s. 119.07(1) until an option contract is

30  executed, or if no option contract is executed, until 2 weeks

31  before a contract or agreement for purchase is considered for

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 1  approval by the board of trustees.  The agency shall maintain

 2  complete and accurate records of all offers and counteroffers

 3  for all projects.

 4         (9)(a)  A final offer shall be in the form of an option

 5  contract or agreement for purchase and shall be signed and

 6  attested to by the owner and the representative of the agency.

 7  Before the agency signs the agreement for purchase or

 8  exercises the option contract, the provisions of s. 286.23

 9  shall be complied with. Within 10 days after the signing of

10  the agreement for purchase, the state agency shall furnish the

11  Division of State Lands with the original of the agreement for

12  purchase along with copies of the disclosure notice, evidence

13  of marketability, the accepted appraisal report, the fee

14  appraiser's affidavit, a statement that the inventory of

15  existing state-owned lands was examined and contained no

16  available suitable land in the area, and a statement outlining

17  the public purpose for which the acquisition is being made and

18  the statutory authority therefor.

19         (b)  Within 45 days after receipt by the Division of

20  State Lands of the agreement for purchase and the required

21  documentation, the board of trustees or its designee shall

22  either reject or approve the agreement. An approved agreement

23  for purchase is binding on both parties. Any agreement which

24  has been disapproved shall be returned to the agency, along

25  with a statement as to the deficiencies of the agreement or

26  the supporting documentation. An agreement for purchase which

27  has been disapproved by the board of trustees or its designee

28  may be resubmitted when such deficiencies have been corrected.

29         (10)(a)  The board of trustees may accept a dedication,

30  gift, grant, or bequest of lands and appurtenances without

31  formal evidence of marketability, or when the title is

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 1  nonmarketable, if the board or its designee determines that

 2  such lands and appurtenances have value and are reasonably

 3  manageable by the state and that their acceptance would serve

 4  the public interest. The state is not required to appraise the

 5  value of such donated lands and appurtenances as a condition

 6  of receipt. No deed filed in the public records to donate

 7  lands to the Board of Trustees of the Internal Improvement

 8  Trust Fund shall be construed to transfer title to or vest

 9  title in the board of trustees unless there also shall be

10  filed in the public records, a document indicating that the

11  board of trustees has agreed to accept the transfer of title

12  to such donated lands.

13         (b)  The board of trustees may not accept by

14  dedication, gift, grant, or bequest any lands and

15  appurtenances that are determined to be owned by the state

16  either in fee or by virtue of the state's sovereignty or which

17  are so encumbered as to preclude the use of such lands and

18  appurtenances for any reasonable public purpose.

19         (2)(c)  Notwithstanding any other provision of law, the

20  maximum value of a parcel to be purchased by the board of

21  trustees as determined by the highest approved appraisal or as

22  determined pursuant to the rules of the board of trustees

23  shall not be increased or decreased as a result of a change of

24  zoning, permitted land uses, or changes in market forces or

25  prices that occur within 1 year after the date the Department

26  of Environmental Protection or board of trustees approves a

27  contract to purchase the parcel. In no case shall the maximum

28  value of a property to be purchased exceed 150 percent of the

29  highest approved appraisal.

30         (3)(11)(a)  The Legislature finds that, with the

31  increasing pressures on the natural areas of this state and on

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 1  open space suitable for recreational use, the state must

 2  develop creative techniques to maximize the use of acquisition

 3  and management funds.  The Legislature also finds that public

 4  the state's conservation and recreational land acquisition

 5  agencies should be encouraged to augment their traditional,

 6  fee simple acquisition programs with the use of alternatives

 7  to fee simple acquisition techniques.  Additionally, the

 8  Legislature finds that generations of private landowners have

 9  been good stewards of their land, protecting or restoring

10  native habitats and ecosystems to the benefit of the natural

11  resources of this state, its heritage, and its citizens. The

12  Legislature also finds that using alternatives to fee simple

13  acquisition by public land acquisition agencies will achieve

14  the following public policy goals:

15         1.  Allow more lands to be brought under public

16  protection for preservation, conservation, and recreation

17  recreational purposes with less expenditure of public funds.

18         2.  Retain, on local government tax rolls, some portion

19  of or interest in lands which are under public protection.

20         3.  Reduce long-term management costs by allowing

21  private property owners to continue acting as stewards of

22  their land, where appropriate.

23  

24  Therefore, it is the intent of the Legislature that public

25  land acquisition agencies develop programs to pursue

26  alternatives to fee simple acquisition and to educate private

27  landowners about such alternatives and the benefits of such

28  alternatives.  It is also the intent of the Legislature that a

29  portion of the shares of Preservation 2000 and Florida Forever

30  bond proceeds be used to purchase eligible properties using

31  alternatives to fee simple acquisition.

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 1         (b)  All project applications shall identify, within

 2  their acquisition plans, those projects which require a full

 3  fee simple interest to achieve the public policy goals,

 4  together with the reasons fee simple full title is determined

 5  to be necessary. The state agencies and the water management

 6  districts may use alternatives to fee simple acquisition to

 7  achieve the public policy goals of this subsection and to

 8  bring the remaining projects in their acquisition plans under

 9  public protection.  For the purposes of this subsection, the

10  terms term "alternatives to fee simple acquisition" and "less

11  than fee simple acquisitions" include includes, but are is not

12  limited to:  purchase of development rights; obtaining

13  conservation easements; obtaining flowage easements; purchase

14  of timber rights, mineral rights, or hunting rights; purchase

15  of agricultural interests or silvicultural interests; entering

16  into land protection agreements as defined in s. 380.0677(4);

17  fee simple acquisitions with reservations; creating life

18  estates; or any other acquisition technique which achieves the

19  public policy goals listed in paragraph (a). It is presumed

20  that a private landowner retains the full range of uses for

21  all the rights or interests in the landowner's land which are

22  not specifically acquired by the public agency. The lands upon

23  which hunting rights are specifically acquired pursuant to

24  this paragraph shall be available for hunting in accordance

25  with the management plan or hunting regulations adopted by the

26  Florida Fish and Wildlife Conservation Commission, unless the

27  hunting rights are purchased specifically to protect

28  activities on adjacent lands.

29         (c)  When developing the acquisition plan pursuant to

30  s. 259.105 the Acquisition and Restoration Council may give

31  preference to those less than fee simple acquisitions that

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 1  provide any public access.  However, the Legislature

 2  recognizes that public access is not always appropriate for

 3  certain less than fee simple acquisitions; therefore no

 4  proposed less than fee simple acquisition shall be rejected

 5  simply because public access may would be limited.

 6         (d)  Beginning in fiscal year 1999-2000, the department

 7  and each water management district shall implement initiatives

 8  to use alternatives to fee simple acquisition and to educate

 9  private landowners about such alternatives. The department and

10  the water management districts may enter into joint

11  acquisition agreements to jointly fund the purchase of lands

12  using alternatives to fee simple techniques.

13         (e)  The Legislature finds that the lack of direct

14  sales comparison information has served as an impediment to

15  successful implementation of alternatives to fee simple

16  acquisition.  It is the intent of the Legislature that, in the

17  absence of direct comparable sales information, appraisals of

18  alternatives to fee simple acquisitions be based on the

19  difference between the full fee simple valuation and the value

20  of the interests remaining with the seller after acquisition.

21         (f)  The public agency which is has been assigned

22  management responsibility shall inspect and monitor any less

23  than fee simple interest according to the terms of the

24  purchase agreement relating to such interest.

25         (12)  Any conveyance to the board of trustees of fee

26  title shall be made by no less than a special warranty deed,

27  unless the conveyance is from the Federal Government, the

28  county government, or another state agency or, in the event of

29  a gift or donation by quitclaim deed, if the board of

30  trustees, or its designee, determines that the acceptance of

31  such quitclaim deed is in the best interest of the public. A

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 1  quitclaim deed may also be accepted to aid in clearing title

 2  or boundary questions.

 3         (13)  The board of trustees may purchase tax

 4  certificates or tax deeds issued in accordance with chapter

 5  197 relating to property eligible for purchase under this

 6  section.

 7         (4)(14)  The board of trustees, by majority vote of all

 8  of its members, voting at a regularly scheduled and advertised

 9  meeting, may direct the department to exercise the power of

10  eminent domain pursuant to the provisions of chapters 73 and

11  74 to acquire any of the properties on the acquisition list

12  established by the Acquisition and Restoration Council land

13  acquisition selection committee and approved by the board of

14  trustees. However, the board of trustees may only make such a

15  vote under the following circumstances:

16         (a)  The state has made at least two bona fide offers

17  to purchase the land through negotiation and, notwithstanding

18  those offers, an impasse between the state and the landowner

19  was reached.

20         (b)  The land is of special importance to the state

21  because of one or more of the following reasons:

22         1.  It involves an endangered or natural resource and

23  is in imminent danger of development.

24         2.  It is of unique value to the state and the failure

25  to acquire it will result in irreparable loss to the state.

26         3.  The failure of the state to acquire it will

27  seriously impair the state's ability to manage or protect

28  other state-owned lands.

29  

30  Pursuant to this subsection, the department may exercise

31  condemnation authority directly or by contracting with the

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 1  Department of Transportation or a water management district to

 2  provide that service. If the Department of Transportation or a

 3  water management district enters such a contract with the

 4  department, the Department of Transportation or a water

 5  management district may use statutorily approved methods and

 6  procedures ordinarily used by the agency for condemnation

 7  purposes.

 8         (5)(15)  The board of trustees, by an affirmative vote

 9  of at least three of its members, may direct the department to

10  purchase lands on an immediate basis using up to 15 percent of

11  the funds allocated to the department pursuant to s. ss.

12  259.101(3)(a) and 259.105 for the acquisition of lands that:

13         (a)  Are listed or placed at auction by the Federal

14  Government as part of the Resolution Trust Corporation sale of

15  lands from failed savings and loan associations;

16         (b)  Are listed or placed at auction by the Federal

17  Government as part of the Federal Deposit Insurance

18  Corporation sale of lands from failed banks; or

19         (c)  Will be developed or otherwise lost to potential

20  public ownership, or for which federal matching funds will be

21  lost, by the time the land can be purchased under the program

22  within which the land is listed for acquisition.

23  

24  For such acquisitions, the board of trustees may waive or

25  modify all procedures required for land acquisition pursuant

26  to this chapter and all competitive bid procedures required

27  pursuant to chapters 255 and 287. However, the requirement

28  that no more than 150 percent of the highest approved

29  appraised value may be expended for any acquisition may not be

30  waived or modified by the board. Lands acquired pursuant to

31  this subsection must, at the time of purchase, be on one of

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 1  the acquisition lists established pursuant to this chapter, or

 2  be essential for water resource development, protection, or

 3  restoration, or a significant portion of the lands must

 4  contain natural communities or plant or animal species which

 5  are listed by the Florida Natural Areas Inventory as

 6  critically imperiled, imperiled, or rare, or as excellent

 7  quality occurrences of natural communities.

 8         (16)  The Auditor General shall conduct audits of

 9  acquisitions and divestitures which he or she deems necessary,

10  according to his or her preliminary assessments of

11  board-approved acquisitions and divestitures. These

12  preliminary assessments shall be initiated not later than 60

13  days following the final approval by the board of land

14  acquisitions under this section. If an audit is conducted, the

15  Auditor General shall submit an audit report to the board of

16  trustees, the President of the Senate, the Speaker of the

17  House of Representatives, and their designees.

18         (6)(17)  Title to lands to be held jointly by the board

19  of trustees and a water management district and acquired

20  pursuant to the procedures set out in s. 373.139 may be deemed

21  to meet the standards necessary for ownership by the board of

22  trustees, notwithstanding any provisions in this section or in

23  related rules.

24         (18)  Any agency authorized to acquire lands on behalf

25  of the board of trustees is authorized to request disbursement

26  of payments for real estate closings in accordance with a

27  written authorization from an ultimate beneficiary to allow a

28  third party authorized by law to receive such payment provided

29  the Chief Financial Officer determines that such disbursement

30  is consistent with good business practices and can be

31  completed in a manner minimizing costs and risks to the state.

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 1         (19)  Many parcels of land acquired pursuant to this

 2  section may contain cattle-dipping vats as defined in s.

 3  376.301. The state is encouraged to continue with the

 4  acquisition of such lands including the cattle-dipping vats.

 5         Section 16.  Section 259.105, Florida Statutes, is

 6  amended to read:

 7         259.105  The Florida Forever Act.--

 8         (1)  This section may be cited as the "Florida Forever

 9  Act."

10         (2)(a)  The Legislature finds and declares that:

11         1.  The Preservation 2000 program provided tremendous

12  financial resources for purchasing environmentally significant

13  lands to protect those lands from imminent development,

14  thereby assuring present and future generations access to

15  important open spaces and recreation and conservation lands.

16         2.  The continued alteration and development of

17  Florida's natural areas to accommodate the state's rapidly

18  growing population have contributed to the degradation of

19  water resources, the fragmentation and destruction of wildlife

20  habitats, the loss of outdoor recreation space, and the

21  diminishment of wetlands, forests, and public beaches.

22         3.  The potential development of Florida's remaining

23  natural areas and escalation of land values require a

24  continuation of government efforts to restore, bring under

25  public protection, or acquire lands and water areas to

26  preserve the state's invaluable quality of life.

27         4.  Florida's groundwater, surface waters, and springs

28  are under tremendous pressure due to population growth and

29  economic expansion and require special protection and

30  restoration efforts.  To ensure that sufficient quantities of

31  water are available to meet the current and future needs of

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 1  the natural systems and citizens of the state, and assist in

 2  achieving the planning goals of the department and the water

 3  management districts, water resource development projects on

 4  public lands, where compatible with the resource values of and

 5  management objectives for the lands, are appropriate.

 6         5.  The needs of urban Florida for high-quality outdoor

 7  recreational opportunities, greenways, trails, and open space

 8  have not been fully met by previous acquisition programs.

 9  Through such programs as the Florida Communities Trust and the

10  Florida Recreation Development Assistance Program, the state

11  shall place additional emphasis on acquiring, protecting,

12  preserving, and restoring open space, greenways, and

13  recreation properties within urban areas where pristine

14  natural communities or water bodies no longer exist because of

15  the proximity of developed property.

16         6.  Many of Florida's unique ecosystems, such as the

17  Florida Everglades, are facing ecological collapse due to

18  Florida's burgeoning population. To preserve these valuable

19  ecosystems for future generations, parcels of land must be

20  acquired to facilitate ecosystem restoration.

21         7.  Access to public lands to support a broad range of

22  outdoor recreational opportunities and the development of

23  necessary infrastructure, where compatible with the resource

24  values of and management objectives for such lands, promotes

25  an appreciation for Florida's natural assets and improves the

26  quality of life.

27         8.  Acquisition of lands, in fee simple or in any

28  lesser interest, should be based on a comprehensive assessment

29  of Florida's natural resources and planned so as to protect

30  the integrity of ecological systems and provide multiple

31  benefits, including preservation of fish and wildlife habitat,

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 1  recreation space for urban as well as rural areas, and water

 2  recharge.

 3         9.  The state has embraced performance-based program

 4  budgeting as a tool to evaluate the achievements of publicly

 5  funded agencies, build in accountability, and reward those

 6  agencies which are able to consistently achieve quantifiable

 7  goals.  While previous and existing state environmental

 8  programs have achieved varying degrees of success, few of

 9  these programs can be evaluated as to the extent of their

10  achievements, primarily because performance measures,

11  standards, outcomes, and goals were not established at the

12  outset.  Therefore, the Florida Forever program shall be

13  developed and implemented in the context of measurable state

14  goals and objectives.

15         10.  It is the intent of the Legislature to change the

16  focus and direction of the state's major land acquisition

17  programs and to extend funding and bonding capabilities, so

18  that future generations may enjoy the natural resources of

19  Florida.

20         (b)  The Legislature recognizes that acquisition is

21  only one way to achieve the aforementioned goals and

22  encourages the development of creative partnerships between

23  governmental agencies and private landowners.  Land protection

24  agreements and similar tools should be used, where

25  appropriate, to bring environmentally sensitive tracts under

26  an acceptable level of protection at a lower financial cost to

27  the public, and to provide private landowners with the

28  opportunity to enjoy and benefit from their property.

29         (c)  Public agencies or other entities that receive

30  funds under this section are encouraged to better coordinate

31  their expenditures so that project acquisitions, when combined

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 1  with acquisitions under Preservation 2000, Save Our Rivers,

 2  the Florida Communities Trust, and other public land

 3  acquisition programs, will form more complete patterns of

 4  protection for natural areas and functioning ecosystems, to

 5  better accomplish the intent of this section.

 6         (d)  A long-term financial commitment to managing

 7  Florida's public lands must accompany any new land acquisition

 8  program to ensure that the natural resource values of such

 9  lands are protected, that the public has the opportunity to

10  enjoy the lands to their fullest potential, and that the state

11  achieves the full benefits of its investment of public

12  dollars.

13         (e)  With limited dollars available for restoration and

14  acquisition of land and water areas and for providing

15  long-term management and capital improvements, a competitive

16  selection process can select those projects best able to meet

17  the goals of Florida Forever and maximize the efficient use of

18  the program's funding.

19         (f)  To ensure success and provide accountability to

20  the citizens of this state, it is the intent of the

21  Legislature that any bond proceeds used pursuant to this

22  section be used to implement the goals and objectives of this

23  act recommended by the Florida Forever Advisory Council as

24  approved by the Board of Trustees of the Internal Improvement

25  Trust Fund and the Legislature.

26         (g)  As it has with previous land acquisition programs,

27  the Legislature recognizes the desires of the citizens of this

28  state to prosper through economic development and to preserve

29  the natural areas and recreational open space of Florida.  The

30  Legislature further recognizes the urgency of restoring the

31  natural functions of public lands or water bodies before they

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 1  are degraded to a point where recovery may never occur, yet

 2  acknowledges the difficulty of ensuring adequate funding for

 3  restoration efforts in light of other equally critical

 4  financial needs of the state.  It is the Legislature's desire

 5  and intent to fund the implementation of this section and to

 6  do so in a fiscally responsible manner, by issuing bonds to be

 7  repaid with documentary stamp tax revenue.

 8         (3)  Less the costs of issuing and the costs of funding

 9  reserve accounts and other costs associated with bonds, the

10  proceeds of bonds issued pursuant to this section shall be

11  deposited into the Florida Forever Trust Fund created by s.

12  259.1051. The proceeds shall be distributed by the Department

13  of Environmental Protection in the following manner:

14         (a)  Thirty-five percent to the Department of

15  Environmental Protection for the acquisition of lands and

16  capital project expenditures necessary to implement the water

17  management districts' priority lists developed pursuant to s.

18  373.199.  The funds are to be distributed to the water

19  management districts as provided in subsection (11).  A

20  minimum of 50 percent of the total funds provided over the

21  life of the Florida Forever program pursuant to this paragraph

22  shall be used for the acquisition of lands.

23         (b)  Thirty-five percent to the Department of

24  Environmental Protection for the acquisition of lands and

25  capital project expenditures described in this section. Of the

26  proceeds distributed pursuant to this paragraph, it is the

27  intent of the Legislature that an increased priority be given

28  to those acquisitions which achieve a combination of

29  conservation goals, including protecting Florida's water

30  resources and natural groundwater recharge. Capital project

31  

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 1  expenditures may not exceed 10 percent of the funds allocated

 2  pursuant to this paragraph.

 3         (c)  Twenty-two percent to the Department of Community

 4  Affairs for use by the Florida Communities Trust for the

 5  purposes of part III of chapter 380, as described and limited

 6  by this subsection, and grants to local governments or

 7  nonprofit environmental organizations that are tax exempt

 8  under s. 501(c)(3) of the United States Internal Revenue Code

 9  for the acquisition of community-based projects, urban open

10  spaces, parks, and greenways to implement local government

11  comprehensive plans. From funds available to the trust and

12  used for land acquisition, 75 percent shall be matched by

13  local governments on a dollar-for-dollar basis. The

14  Legislature intends that the Florida Communities Trust

15  emphasize funding projects in low-income or otherwise

16  disadvantaged communities. At least 30 percent of the total

17  allocation provided to the trust shall be used in Standard

18  Metropolitan Statistical Areas, but one-half of that amount

19  shall be used in localities in which the project site is

20  located in built-up commercial, industrial, or mixed-use areas

21  and functions to intersperse open spaces within congested

22  urban core areas. From funds allocated to the trust, no less

23  than 5 percent shall be used to acquire lands for recreational

24  trail systems, provided that in the event these funds are not

25  needed for such projects, they will be available for other

26  trust projects.  Local governments may use federal grants or

27  loans, private donations, or environmental mitigation funds,

28  including environmental mitigation funds required pursuant to

29  s. 338.250, for any part or all of any local match required

30  for acquisitions funded through the Florida Communities Trust.

31  Any lands purchased by nonprofit organizations using funds

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 1  allocated under this paragraph must provide for such lands to

 2  remain permanently in public use through a reversion of title

 3  to local or state government, conservation easement, or other

 4  appropriate mechanism.  Projects funded with funds allocated

 5  to the Trust shall be selected in a competitive process

 6  measured against criteria adopted in rule by the Trust.

 7         (d)  Two percent to the Department of Environmental

 8  Protection for grants to qualified local government entities

 9  for the acquisition or development of land for public outdoor

10  recreation purposes pursuant to s. 375.075.

11         (e)  One and five-tenths percent to the Department of

12  Environmental Protection for the purchase of inholdings and

13  additions to state parks and for capital project expenditures

14  as described in this section. Capital project expenditures may

15  not exceed 10 percent of the funds allocated under this

16  paragraph. For the purposes of this paragraph, "state park"

17  means any real property in the state which is under the

18  jurisdiction of the Division of Recreation and Parks of the

19  department, or which may come under its jurisdiction.

20         (f)  One and five-tenths percent to the Division of

21  Forestry of the Department of Agriculture and Consumer

22  Services to fund the acquisition of state forest inholdings

23  and additions pursuant to s. 589.07, the implementation of

24  reforestation plans or sustainable forestry management

25  practices, and for capital project expenditures as described

26  in this section. Capital project expenditures may not exceed

27  10 percent of the funds allocated under this paragraph.

28         (g)  One and five-tenths percent to the Fish and

29  Wildlife Conservation Commission to fund the acquisition of

30  inholdings and additions to lands managed by the commission

31  which are important to the conservation of fish and wildlife

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 1  and for capital project expenditures as described in this

 2  section. Capital project expenditures may not exceed 10

 3  percent of the funds allocated under this paragraph.

 4         (h)  One and five-tenths percent to the Department of

 5  Environmental Protection for the Florida Greenways and Trails

 6  Program, to acquire greenways and trails or greenways and

 7  trail systems pursuant to chapter 260, including, but not

 8  limited to, abandoned railroad rights-of-way and the Florida

 9  National Scenic Trail and for capital project expenditures as

10  described in this section. Capital project expenditures may

11  not exceed 10 percent of the funds allocated under this

12  paragraph.

13         (i)  It is the intent of the Legislature that proceeds

14  of Florida Forever bonds distributed under this section shall

15  be expended in an efficient and fiscally responsible manner.

16  An agency that receives proceeds from Florida Forever bonds

17  under this section may not maintain a balance of unencumbered

18  funds in its Florida Forever subaccount beyond 3 fiscal years

19  from the date of deposit of funds from each bond issue. Any

20  funds that have not been expended or encumbered after 3 fiscal

21  years from the date of deposit shall be distributed by the

22  Legislature at its next regular session for use in the Florida

23  Forever program.

24         (j)1.  For the purposes of paragraphs (d), (e), (f),

25  and (g), the agencies that which receive the funds shall

26  develop their individual acquisition or restoration lists.

27  Proposed inholdings and additions may be acquired if they are

28  identified within the original project boundary, the land

29  management plan required pursuant to ss. s. 253.034(5) and

30  259.0321, or the management prospectus required pursuant to s.

31  259.0321(2)(a) s. 259.032(9)(d). An inholding or an addition

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 1  to a project selected for purchase is not subject to the

 2  selection procedures of this chapter if the estimated value of

 3  such inholding or addition does not exceed $500,000. When at

 4  least 90 percent of the acreage of a project has been

 5  purchased pursuant to this chapter, the project may be removed

 6  from the list and the remaining acreage may continue to be

 7  purchased.

 8         2.  Proposed inholdings and additions of property

 9  outside the original project boundary not meeting the

10  requirements of this paragraph shall be submitted to the

11  Acquisition and Restoration Council for approval.  The council

12  may only approve the proposed inholding or addition only if it

13  meets two or more of the following criteria: serves as a link

14  or corridor to other publicly owned property; enhances the

15  protection or management of the property; adds would add a

16  desirable resource to the property; creates would create a

17  more manageable boundary configuration; has a high resource

18  value that is otherwise would be unprotected; or can be

19  acquired at less than fair market value. The board of trustees

20  is directed to adopt rules pursuant to ss. 120.536(1) and

21  120.54 which govern the acquisition of inholdings and

22  additions for property not identified for acquisition pursuant

23  to subparagraph 1.

24         (4)  It is the intent of the Legislature that projects

25  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

26  contribute to the achievement of the following goals:

27         (a)  Enhance the coordination and completion of land

28  acquisition projects, as measured by:

29         1.  The number of acres acquired through the state's

30  land acquisition programs that contribute to the completion of

31  

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 1  Florida Preservation 2000 projects or projects begun before

 2  Preservation 2000;

 3         2.  The number of acres protected through the use of

 4  alternatives to fee simple acquisition; or

 5         3.  The number of shared acquisition projects among

 6  Florida Forever funding partners and partners with other

 7  funding sources, including local governments and the Federal

 8  Government.

 9         (b)  Increase the protection of Florida's biodiversity

10  at the species, natural community, and landscape levels, as

11  measured by:

12         1.  The number of acres acquired of significant

13  strategic habitat conservation areas;

14         2.  The number of acres acquired of highest priority

15  conservation areas for Florida's rarest species;

16         3.  The number of acres acquired of significant

17  landscapes, landscape linkages, and conservation corridors,

18  giving priority to completing linkages;

19         4.  The number of acres acquired of underrepresented

20  native ecosystems;

21         5.  The number of landscape-sized protection areas of

22  at least 50,000 acres that exhibit a mosaic of predominantly

23  intact or restorable natural communities established through

24  new acquisition projects or augmentations to previous

25  projects; or

26         6.  The percentage increase in the number of

27  occurrences of endangered species, threatened species, or

28  species of special concern on publicly managed conservation

29  areas.

30  

31  

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 1         (c)  Protect, restore, and maintain the quality and

 2  natural functions of land, water, and wetland systems of the

 3  state, as measured by:

 4         1.  The number of acres of publicly owned land

 5  identified as needing restoration, acres undergoing

 6  restoration, and acres with restoration activities completed;

 7         2.  The percentage of water segments that fully meet,

 8  partially meet, or do not meet their designated uses as

 9  reported in the Department of Environmental Protection's State

10  Water Quality Assessment 305(b) Report;

11         3.  The percentage completion of targeted capital

12  improvements in surface water improvement and management plans

13  created under s. 373.453(2), regional or master stormwater

14  management system plans, or other adopted restoration plans;

15         4.  The number of acres acquired that protect natural

16  floodplain functions;

17         5.  The number of acres acquired that protect surface

18  waters of the state;

19         6.  The number of acres identified for acquisition to

20  minimize damage from flooding and the percentage of those

21  acres acquired;

22         7.  The number of acres acquired that protect fragile

23  coastal resources;

24         8.  The number of acres of functional wetland systems

25  protected;

26         9.  The percentage of miles of critically eroding

27  beaches contiguous with public lands that are restored or

28  protected from further erosion;

29         10.  The percentage of public lakes and rivers in which

30  invasive, nonnative aquatic plants are under maintenance

31  control; or

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 1         11.  The number of acres of public conservation lands

 2  in which upland invasive, exotic plants are under maintenance

 3  control.

 4         (d)  Ensure that sufficient quantities of water are

 5  available to meet the current and future needs of natural

 6  systems and the citizens of the state, as measured by:

 7         1.  The number of acres acquired which provide

 8  retention and storage of surface water in naturally occurring

 9  storage areas, such as lakes and wetlands, consistent with the

10  maintenance of water resources or water supplies and

11  consistent with district water supply plans;

12         2.  The quantity of water made available through the

13  water resource development component of a district water

14  supply plan for which a water management district is

15  responsible; or

16         3.  The number of acres acquired of groundwater

17  recharge areas critical to springs, sinks, aquifers, other

18  natural systems, or water supply.

19         (e)  Increase natural resource-based public

20  recreational and educational opportunities, as measured by:

21         1.  The number of acres acquired that are available for

22  natural resource-based public recreation or education;

23         2.  The miles of trails that are available for public

24  recreation, giving priority to those that provide significant

25  connections including those that will assist in completing the

26  Florida National Scenic Trail; or

27         3.  The number of new resource-based recreation

28  facilities, by type, made available on public land.

29         (f)  Preserve significant archaeological or historic

30  sites, as measured by:

31  

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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  

28  Florida Forever projects and acquisitions funded pursuant to

29  paragraph (3)(c) shall be measured by goals developed by rule

30  by the Florida Communities Trust Governing Board created in s.

31  380.504.

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 1         (5)(a)  All lands acquired pursuant to this section

 2  shall be managed for multiple-use purposes, where compatible

 3  with the resource values of and management objectives for such

 4  lands.  As used in this section, "multiple-use" includes, but

 5  is not limited to, outdoor recreational activities as

 6  described in ss. 253.034 and 259.0321(2)(c) 259.032(9)(b),

 7  water resource development projects, and sustainable forestry

 8  management.

 9         (b)  Upon a decision by the entity in which title to

10  lands acquired pursuant to this section has vested, such lands

11  may be designated single use as defined in s. 253.034(2)(b).

12         (6)  As provided in this section, A water resource or

13  water supply development project may be allowed only if the

14  following conditions are met: minimum flows and levels have

15  been established for those waters, if any, which may

16  reasonably be expected to experience significant harm to water

17  resources as a result of the project; the project complies

18  with all applicable permitting requirements; and the project

19  is consistent with the regional water supply plan, if any, of

20  the water management district and with relevant recovery or

21  prevention strategies if required pursuant to s. 373.0421(2).

22         (7)(a)  Beginning no later than July 1, 2001, and every

23  year thereafter, the Acquisition and Restoration Council shall

24  accept applications from state agencies, local governments,

25  nonprofit and for-profit organizations, private land trusts,

26  and individuals for project proposals eligible for funding

27  pursuant to paragraph (3)(b). The council shall evaluate the

28  proposals received pursuant to this subsection to ensure that

29  they meet at least one of the criteria under subsection (9).

30         (b)  Project applications shall contain, at a minimum,

31  the following:

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 1         1.  A minimum of two numeric performance measures that

 2  directly relate to the overall goals adopted by the council.

 3  Each performance measure shall include a baseline measurement,

 4  which is the current situation; a performance standard which

 5  the project sponsor anticipates the project will achieve; and

 6  the performance measurement itself, which should reflect the

 7  incremental improvements the project accomplishes towards

 8  achieving the performance standard.

 9         2.  Proof that property owners within any proposed

10  acquisition have been notified of their inclusion in the

11  proposed project.  Any property owner may request the removal

12  of such property from further consideration by submitting a

13  request to the project sponsor or the Acquisition and

14  Restoration Council by certified mail. Upon receiving this

15  request, the council shall delete the property from the

16  proposed project; however, the board of trustees, at the time

17  it votes to approve the proposed project lists pursuant to

18  subsection (15) (16), may add the property back on to the

19  project lists if at least three members of the board determine

20  it determines by a super majority of its members that such

21  property is critical to achieve the purposes of the project.

22         (c)  The title to lands acquired under this section

23  shall vest in the Board of Trustees of the Internal

24  Improvement Trust Fund, except that title to lands acquired by

25  a water management district shall vest in the name of that

26  district and lands acquired by a local government shall vest

27  in the name of the purchasing local government.

28         (8)(a)  The Acquisition and Restoration Council shall

29  develop, at least annually, a project list that must include

30  those projects approved for funding under the Preservation

31  2000 program or earlier conservation programs which were

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 1  contained on the former Conservation and Recreation Lands

 2  list, and shall add those projects submitted for funding

 3  pursuant to subsection (7).

 4         (b)  An affirmative vote of five members of the council

 5  is required in order to change a project boundary or add a new

 6  project to the list. Any member of the council who through a

 7  family or business relationship has a connection with any

 8  project proposed to be added to the list shall declare such

 9  interest prior to voting for inclusion of that project on the

10  list. The Acquisition and Restoration Council shall develop a

11  project list that shall represent those projects submitted

12  pursuant to subsection (7).

13         (9)  The Acquisition and Restoration Council shall

14  develop a grouping process to recommend rules for adoption by

15  the board of trustees to competitively evaluate, select, and

16  rank projects eligible for Florida Forever funds pursuant to

17  subsection (8) paragraph (3)(b) and for additions to the

18  Conservation and Recreation Lands list pursuant to ss. 259.032

19  and 259.101(4). In developing the grouping process, which must

20  be adopted as a rule by the board of trustees these proposed

21  rules, the Acquisition and Restoration Council shall give

22  weight to the following criteria:

23         (a)  The project meets multiple goals described in

24  subsection (4).

25         (b)  The project is part of an ongoing governmental

26  effort to restore, protect, or develop land areas or water

27  resources.

28         (c)  The project enhances or facilitates management of

29  properties already under public ownership.

30         (d)  The project has significant archaeological or

31  historic value.

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 1         (e)  The project has funding sources that are

 2  identified and assured through at least the first 2 years of

 3  the project.

 4         (f)  The project contributes to the solution of water

 5  resource problems on a regional basis.

 6         (g)  The project has a significant portion of its land

 7  area in imminent danger of development, in imminent danger of

 8  losing its significant natural attributes or recreational open

 9  space, or in imminent danger of subdivision which would result

10  in multiple ownership and make acquisition of the project

11  costly or less likely to be accomplished.

12         (h)  The project implements an element from a plan

13  developed by an ecosystem management team.

14         (i)  The project is one of the components of the

15  Everglades restoration effort.

16         (j)  The project may be purchased at 80 percent of

17  appraised value.

18         (k)  The project may be acquired, in whole or in part,

19  using alternatives to fee simple, including but not limited

20  to, purchase of development rights, hunting rights,

21  agricultural or silvicultural rights, or mineral rights or

22  obtaining conservation easements or flowage easements.

23         (l)  The project is a joint acquisition, either among

24  public agencies, nonprofit organizations, or private entities,

25  or by a public-private partnership.

26         (10)  The Acquisition and Restoration Council shall

27  give increased priority to those projects for which matching

28  funds are available and to project elements previously

29  identified on an acquisition list pursuant to this section

30  that can be acquired at 80 percent or less of appraised value.

31  

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 1         (11)  For the purposes of funding projects pursuant to

 2  paragraph (3)(a), the Secretary of Environmental Protection

 3  shall ensure that each water management district receives the

 4  following percentage of funds annually:

 5         (a)  Thirty-five percent to the South Florida Water

 6  Management District, of which amount $25 million for 2 years

 7  beginning in fiscal year 2000-2001 shall be transferred by the

 8  Department of Environmental Protection into the Save Our

 9  Everglades Trust Fund and shall be used exclusively to

10  implement the comprehensive plan under s. 373.470.

11         (b)  Twenty-five percent to the Southwest Florida Water

12  Management District.

13         (c)  Twenty-five percent to the St. John's River Water

14  Management District.

15         (d)  Seven and one-half percent to the Suwannee River

16  Water Management District.

17         (e)  Seven and one-half percent to the Northwest

18  Florida Water Management District.

19         (12)  It is the intent of the Legislature that in

20  developing the list of projects for funding pursuant to

21  paragraph (3)(a), that these funds not be used to abrogate the

22  financial responsibility of those point and nonpoint sources

23  that have contributed to the degradation of water or land

24  areas. Therefore, an increased priority shall be given by the

25  water management district governing boards to those projects

26  that have secured a cost-sharing agreement allocating

27  responsibility for the cleanup of point and nonpoint sources.

28         (13)  An affirmative vote of five members of the

29  Acquisition and Restoration Council shall be required in order

30  to place a proposed project on the list developed pursuant to

31  subsection (8). Any member of the council who by family or a

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 1  business relationship has a connection with any project

 2  proposed to be ranked shall declare such interest prior to

 3  voting for a project's inclusion on the list.

 4         (13)(14)  Each year that bonds are to be issued

 5  pursuant to this section or the Legislature appropriates funds

 6  to the Florida Forever program, the Acquisition and

 7  Restoration Council shall review the most current approved

 8  project list and shall, by the first board meeting in May,

 9  present to the Board of Trustees of the Internal Improvement

10  Trust Fund for approval a priority list listing of projects

11  developed pursuant to subsection (8). The board of trustees

12  may remove projects from the list developed pursuant to this

13  subsection, but may not add projects or rearrange project

14  rankings. The list approved by the board shall be named the

15  Florida Forever list and shall be the only list designating

16  conservation properties to be acquired by the state or any of

17  its agencies or designees under the Florida Forever program.

18         (14)(15)  The Acquisition and Restoration Council shall

19  at least annually submit to the board of trustees, with its

20  list of projects, a report that includes, but shall not be

21  limited to, the following information for each project listed:

22         (a)  The stated purpose for inclusion.

23         (b)  Projected costs to achieve the project goals.

24         (c)  An interim management budget.

25         (d)  Specific performance measures.

26         (e)  Plans for public access.

27         (f)  An identification of the essential parcel or

28  parcels within the project without which the project cannot be

29  properly managed.

30  

31  

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 1         (g)  Where applicable, an identification of those

 2  projects or parcels within projects which should be acquired

 3  in fee simple or in less than fee simple.

 4         (h)  An identification of those lands being purchased

 5  for conservation purposes.

 6         (i)  A management policy statement for the project and

 7  a management prospectus pursuant to s. 259.0321(2)(a) s.

 8  259.032(9)(d).

 9         (j)  An estimate of land value based on county tax

10  assessed values.

11         (k)  A map delineating project boundaries.

12         (l)  An assessment of the project's ecological value,

13  outdoor recreational value, forest resources, wildlife

14  resources, ownership pattern, utilization, and location.

15         (m)  A discussion of whether alternative uses are

16  proposed for the property and what those uses are.

17         (n)  A designation of the management agency or

18  agencies.

19         (15)(16)  All proposals for projects pursuant to

20  subsection (7) paragraph (3)(b) or subsection (20) shall be

21  implemented only if adopted by the Acquisition and Restoration

22  Council and approved by the board of trustees.  The council

23  shall consider and evaluate in writing the merits and demerits

24  of each project that is proposed for Florida Forever funding

25  and each proposed addition to the Conservation and Recreation

26  Lands list program. The council shall ensure that each

27  proposed project will meet a stated public purpose for the

28  restoration, conservation, or preservation of environmentally

29  sensitive lands and water areas or for providing outdoor

30  recreational opportunities and that each proposed addition to

31  the Conservation and Recreation Lands list will meet the

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 1  public purposes under s. 259.032(3) and, when applicable, s.

 2  259.101(4). The council also shall determine whether the

 3  project or addition conforms, where applicable, with the

 4  comprehensive plan developed pursuant to s. 259.04(1)(a), the

 5  comprehensive multipurpose outdoor recreation plan developed

 6  pursuant to s. 375.021, the state lands management plan

 7  adopted pursuant to s. 253.03(7), the water management

 8  district resources work plans developed pursuant to s.

 9  373.199, and the provisions of this section.

10         (16)(17)(a)  The Board of Trustees of the Internal

11  Improvement Trust Fund, or, in the case of water management

12  district lands, the owning water management district, may

13  authorize the granting of a lease, easement, or license for

14  the use of certain lands acquired pursuant to this section,

15  for certain uses that are determined by the appropriate board

16  to be compatible with the resource values of and management

17  objectives for such lands.

18         (b)  Any existing lease, easement, or license acquired

19  for incidental public or private use on, under, or across any

20  lands acquired pursuant to this section shall be presumed to

21  be compatible with the purposes for which such lands were

22  acquired.

23         (c)  Notwithstanding the provisions of paragraph (a),

24  no such lease, easement, or license shall be entered into by

25  the Department of Environmental Protection or other

26  appropriate state agency if the granting of such lease,

27  easement, or license would adversely affect the exclusion of

28  the interest on any revenue bonds issued to fund the

29  acquisition of the affected lands from gross income for

30  federal income tax purposes, pursuant to Internal Revenue

31  Service regulations.

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 1         (17)(18)  The Acquisition and Restoration Council shall

 2  recommend adoption of rules by the board of trustees necessary

 3  to implement the provisions of this section relating to:

 4  solicitation, scoring, selecting, and ranking of Florida

 5  Forever project proposals; disposing of or leasing lands or

 6  water areas selected for funding through the Florida Forever

 7  program; and the process of reviewing and recommending for

 8  approval or rejection the land management plans associated

 9  with publicly owned properties. Rules promulgated pursuant to

10  this subsection shall be submitted to the President of the

11  Senate and the Speaker of the House of Representatives, for

12  review by the Legislature, no later than 30 days prior to the

13  2001 Regular Session and shall become effective only after

14  legislative review. In its review, the Legislature may reject,

15  modify, or take no action relative to such rules. The board of

16  trustees shall conform such rules to changes made by the

17  Legislature, or, if no action was taken by the Legislature,

18  such rules shall become effective.

19         (18)(19)  Lands listed as projects for acquisition

20  under the Florida Forever program may be managed for

21  conservation pursuant to s. 259.0321 s. 259.032, on an interim

22  basis by a private party in anticipation of a state purchase

23  in accordance with a contractual arrangement between the

24  acquiring agency and the private party that may include

25  management service contracts, leases, cost-share arrangements,

26  or resource conservation agreements.  Lands designated as

27  eligible under this subsection shall be managed to maintain or

28  enhance the resources the state is seeking to protect by

29  acquiring the land. Funding for these contractual arrangements

30  may originate from the documentary stamp tax revenue deposited

31  into the Conservation and Recreation Lands Trust Fund and

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 1  Water Management Lands Trust Fund.  No more than 5 percent of

 2  funds allocated under the trust funds shall be expended for

 3  this purpose.

 4         (20)  The Acquisition and Restoration Council, as

 5  successors to the Land Acquisition and Management Advisory

 6  Council, may amend existing Conservation and Recreation Lands

 7  projects and add to or delete from the 2000 Conservation and

 8  Recreation Lands list until funding for the Conservation and

 9  Recreation Lands program has been expended. The amendments to

10  the 2000 Conservation and Recreation Lands list will be

11  reported to the board of trustees in conjunction with the

12  council's report developed pursuant to subsection (15).

13         Section 17.  Subsection (13) of section 201.15, Florida

14  Statutes, 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 18.  Effective July 1, 2007, subsection (13) of

 6  section 201.15, Florida Statutes, as amended by section 1 of

 7  chapter 2005-92, Laws of Florida, is amended to read:

 8         201.15  Distribution of taxes collected.--All taxes

 9  collected under this chapter shall be distributed as follows

10  and shall be subject to the service charge imposed in s.

11  215.20(1), except that such service charge shall not be levied

12  against any portion of taxes pledged to debt service on bonds

13  to the extent that the amount of the service charge is

14  required to pay any amounts relating to the bonds:

15         (13)  The distribution of proceeds deposited into the

16  Water Management Lands Trust Fund and the Conservation and

17  Recreation Lands Trust Fund, pursuant to subsections (4) and

18  (5), shall not be used for land acquisition, but may be used

19  for preacquisition costs associated with land purchases. The

20  Legislature intends that the Florida Forever program supplant

21  the acquisition programs formerly authorized under s. ss.

22  259.032, as established in chapter 94-240, Laws of Florida,

23  and s. 373.59. Prior to the 2005 Regular Session of the

24  Legislature, the Acquisition and Restoration Council shall

25  review and make recommendations to the Legislature concerning

26  the need to repeal this provision. Based on these

27  recommendations, the Legislature shall review the need to

28  repeal this provision during the 2005 Regular Session.

29         Section 19.  Paragraph (b) of subsection (5) and

30  subsection (8) of section 253.027, Florida Statutes, are

31  amended to read:

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 1         253.027  Emergency archaeological property

 2  acquisition.--

 3         (5)  ACCOUNT EXPENDITURES.--

 4         (b)  No moneys shall be spent from the account for

 5  excavation or restoration of the properties acquired. Funds

 6  may be spent for preliminary surveys to determine if the sites

 7  meet the criteria of this section. An amount not to exceed

 8  $100,000 may also be spent from the account to inventory and

 9  evaluate archaeological and historic resources on properties

10  purchased, or proposed for purchase, pursuant to s. 259.105 s.

11  259.032.

12         (8)  WAIVER OF APPRAISALS OR SURVEYS.--The Board of

13  Trustees of the Internal Improvement Trust Fund may waive or

14  limit any appraisal or survey requirements in s. 253.025 s.

15  259.041, if necessary to effectuate the purposes of this

16  section. Fee simple title is not required to be conveyed if

17  some lesser interest will allow the preservation of the

18  archaeological resource. Properties purchased pursuant to this

19  section shall be considered archaeologically unique or

20  significant properties and may be purchased under the

21  provisions of s. 253.025(8) s. 253.025(7).

22         Section 20.  Paragraph (b) of subsection (2) of section

23  255.25001, Florida Statutes, is amended to read:

24         255.25001  Suspension or delay of specified functions,

25  programs, and requirements relating to governmental

26  operations.--Notwithstanding the provisions of:

27         (2)  Sections 253.025 and 255.25, the Department of

28  Management Services has the authority to promulgate rules

29  pursuant to chapter 120 to be used in determining whether a

30  lease-purchase of a state-owned office building is in the best

31  interests of the state, which rules provide:

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 1         (b)  Procedures and document formats for the

 2  advertisement, competitive bid process, including format of

 3  submissions, and evaluation of lease-purchase acquisition

 4  proposals for state-owned office buildings. The evaluation

 5  process shall include but not be limited to the following:

 6         1.  A consideration of the cost of comparable operating

 7  leases.

 8         2.  The appraised value of the facility as required by

 9  s. 253.025.

10         3.  A present value analysis of the proposed payment

11  stream.

12         4.  The cost of financing the facility to be acquired.

13         5.  The cost to repair identified physical defects.

14         6.  The cost to remove identified hazardous substances.

15         7.  An energy analysis.

16         8.  A determination of who is responsible for

17  management and maintenance activities.

18  

19  In order to minimize the cost of the evaluation process, the

20  Department of Management Services may develop a multistage

21  evaluation process to identify the most cost-efficient

22  proposals for extensive evaluation. The studies developed as a

23  result of this evaluation process shall be considered

24  confidential and exempt from the provisions of s. 119.07(1) to

25  the same extent that appraisal reports are considered

26  confidential and exempt from the provisions of s. 119.07(1) as

27  provided in s. 253.025(7)(c) s. 253.025(6)(d).

28         Section 21.  Subsections (1) and (4) of section

29  259.036, Florida Statutes, are amended to read:

30         259.036  Management review teams.--

31  

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 1         (1)  To determine whether conservation, preservation,

 2  and recreation lands titled in the name of the Board of

 3  Trustees of the Internal Improvement Trust Fund are being

 4  managed for the purposes for which they were acquired and in

 5  accordance with a land management plan adopted pursuant to s.

 6  259.0321 s. 259.032, the board of trustees, acting through the

 7  Department of Environmental Protection, shall cause periodic

 8  management reviews to be conducted as follows:

 9         (a)  The department shall establish a regional land

10  management review team composed of the following members:

11         1.  One individual who is from the county or local

12  community in which the parcel or project is located and who is

13  selected by the county commission in the county which is most

14  impacted by the acquisition.

15         2.  One individual from the Division of Recreation and

16  Parks of the department.

17         3.  One individual from the Division of Forestry of the

18  Department of Agriculture and Consumer Services.

19         4.  One individual from the Fish and Wildlife

20  Conservation Commission.

21         5.  One individual from the department's district

22  office in which the parcel is located.

23         6.  A private land manager mutually agreeable to the

24  state agency representatives.

25         7.  A member of the local soil and water conservation

26  district board of supervisors.

27         8.  A member of a conservation organization.

28         (b)  The staff of the Division of State Lands shall act

29  as the review team coordinator for the purposes of

30  establishing schedules for the reviews and other staff

31  

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 1  functions.  The Legislature shall appropriate funds necessary

 2  to implement land management review team functions.

 3         (4)  In the event a land management plan has not been

 4  adopted within the timeframes specified in s. 259.0321(3) s.

 5  259.032(10), the department may direct a management review of

 6  the property, to be conducted by the land management review

 7  team. The review shall consider the extent to which the land

 8  is being managed for the purposes for which it was acquired

 9  and the degree to which actual management practices are in

10  compliance with the management policy statement and management

11  prospectus for that property.

12         Section 22.  Subsection (3) of section 259.101, Florida

13  Statutes, is amended to read:

14         259.101  Florida Preservation 2000 Act.--

15         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

16  costs of issuance, the costs of funding reserve accounts, and

17  other costs with respect to the bonds, the proceeds of bonds

18  issued pursuant to this act shall be deposited into the

19  Florida Preservation 2000 Trust Fund created by s. 375.045. In

20  fiscal year 2000-2001, for each Florida Preservation 2000

21  program described in paragraphs (a)-(g), that portion of each

22  program's total remaining cash balance which, as of June 30,

23  2000, is in excess of that program's total remaining

24  appropriation balances shall be redistributed by the

25  department and deposited into the Save Our Everglades Trust

26  Fund for land acquisition. For purposes of calculating the

27  total remaining cash balances for this redistribution, the

28  Florida Preservation 2000 Series 2000 bond proceeds, including

29  interest thereon, and the fiscal year 1999-2000 General

30  Appropriations Act amounts shall be deducted from the

31  remaining cash and appropriation balances, respectively. The

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 1  remaining proceeds shall be distributed by the Department of

 2  Environmental Protection in the following manner:

 3         (a)  Fifty percent to the Department of Environmental

 4  Protection for the purchase of public lands as described in s.

 5  259.032 as established in chapter 94-240, Laws of Florida.  Of

 6  this 50 percent, at least one-fifth shall be used for the

 7  acquisition of coastal lands.

 8         (b)  Thirty percent to the Department of Environmental

 9  Protection for the purchase of water management lands pursuant

10  to s. 373.59, to be distributed among the water management

11  districts as provided in that section. Funds received by each

12  district may also be used for acquisition of lands necessary

13  to implement surface water improvement and management plans or

14  for acquisition of lands necessary to implement the Everglades

15  Construction Project authorized by s. 373.4592.

16         (c)  Ten percent to the Department of Community Affairs

17  to provide land acquisition grants and loans to local

18  governments through the Florida Communities Trust pursuant to

19  part III of chapter 380.  From funds allocated to the trust,

20  $3 million annually shall be used by the Division of State

21  Lands within the Department of Environmental Protection to

22  implement the Green Swamp Land Protection Initiative

23  specifically for the purchase of conservation easements, as

24  defined in s. 380.0677(4), of lands, or severable interests or

25  rights in lands, in the Green Swamp Area of Critical State

26  Concern.  From funds allocated to the trust, $3 million

27  annually shall be used by the Monroe County Comprehensive Plan

28  Land Authority specifically for the purchase of any real

29  property interest in either those lands subject to the Rate of

30  Growth Ordinances adopted by local governments in Monroe

31  County or those lands within the boundary of an approved

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 1  Conservation and Recreation Lands project located within the

 2  Florida Keys or Key West Areas of Critical State Concern;

 3  however, title to lands acquired within the boundary of an

 4  approved Conservation and Recreation Lands project may, in

 5  accordance with an approved joint acquisition agreement, vest

 6  in the Board of Trustees of the Internal Improvement Trust

 7  Fund.  Of the remaining funds allocated to the trust after the

 8  above transfers occur, one-half shall be matched by local

 9  governments on a dollar-for-dollar basis.  To the extent

10  allowed by federal requirements for the use of bond proceeds,

11  the trust shall expend Preservation 2000 funds to carry out

12  the purposes of part III of chapter 380.

13         (d)  Two and nine-tenths percent to the Department of

14  Environmental Protection for the purchase of inholdings and

15  additions to state parks. For the purposes of this paragraph,

16  "state park" means all real property in the state under the

17  jurisdiction of the Division of Recreation and Parks of the

18  department, or which may come under its jurisdiction.

19         (e)  Two and nine-tenths percent to the Division of

20  Forestry of the Department of Agriculture and Consumer

21  Services to fund the acquisition of state forest inholdings

22  and additions pursuant to s. 589.07.

23         (f)  Two and nine-tenths percent to the Fish and

24  Wildlife Conservation Commission to fund the acquisition of

25  inholdings and additions to lands managed by the commission

26  which are important to the conservation of fish and wildlife.

27         (g)  One and three-tenths percent to the Department of

28  Environmental Protection for the Florida Greenways and Trails

29  Program, to acquire greenways and trails or greenways and

30  trails systems pursuant to chapter 260, including, but not

31  

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 1  limited to, abandoned railroad rights-of-way and the Florida

 2  National Scenic Trail.

 3  

 4  Local governments may use federal grants or loans, private

 5  donations, or environmental mitigation funds, including

 6  environmental mitigation funds required pursuant to s.

 7  338.250, for any part or all of any local match required for

 8  the purposes described in this subsection.  Bond proceeds

 9  allocated pursuant to paragraph (c) may be used to purchase

10  lands on the priority lists developed pursuant to s. 259.105

11  s. 259.035.  Title to lands purchased pursuant to paragraphs

12  (a), (d), (e), (f), and (g) shall be vested in the Board of

13  Trustees of the Internal Improvement Trust Fund. Title to

14  lands purchased pursuant to paragraph (c) may be vested in the

15  Board of Trustees of the Internal Improvement Trust Fund. The

16  board of trustees shall hold title to land protection

17  agreements and conservation easements that were or will be

18  acquired pursuant to s. 380.0677, and the Southwest Florida

19  Water Management District and the St. Johns River Water

20  Management District shall monitor such agreements and

21  easements within their respective districts until the state

22  assumes this responsibility.

23         Section 23.  Subsection (1) of section 259.1051,

24  Florida Statutes, is amended to read:

25         259.1051  Florida Forever Trust Fund.--

26         (1)  There is created the Florida Forever Trust Fund to

27  carry out the purposes of s. ss. 259.032, as established in

28  chapter 94-240, Laws of Florida, and ss. 259.105, and 375.031.

29  The Florida Forever Trust Fund shall be held and administered

30  by the Department of Environmental Protection. Proceeds from

31  the sale of bonds, except proceeds of refunding bonds, issued

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 1  under s. 215.618 and payable from moneys transferred to the

 2  Land Acquisition Trust Fund under s. 201.15(1)(a), not to

 3  exceed $3 billion, must be deposited into this trust fund to

 4  be distributed and used as provided in s. 259.105(3). The bond

 5  resolution adopted by the governing board of the Division of

 6  Bond Finance of the State Board of Administration may provide

 7  for additional provisions that govern the disbursement of the

 8  bond proceeds.

 9         Section 24.  Paragraph (c) of subsection (1) and

10  paragraphs (b) and (c) of subsection (2) of section 260.015,

11  Florida Statutes, are amended to read:

12         260.015  Acquisition of land.--

13         (1)  The department is authorized to acquire by gift or

14  purchase the fee simple absolute title or any lesser interest

15  in land, including easements, for the purposes of this chapter

16  pursuant to the provisions of chapter 375, except that:

17         (c)  Projects acquired under this chapter shall not be

18  subject to the evaluation and selection procedures of s.

19  259.105 s. 259.035, regardless of the estimated value of such

20  projects. All projects shall be acquired in accordance with

21  the acquisition procedures of chapter 259, except that the

22  department may use the appraisal procedure used by the

23  Department of Transportation to acquire transportation

24  rights-of-way.

25         (2)  For purposes of the Florida Greenways and Trails

26  Program, the board may:

27         (b)  Accept title to abandoned railroad rights-of-way

28  which is conveyed by quitclaim deed through purchase,

29  dedication, gift, grant, or settlement, notwithstanding s.

30  253.025(2) s. 259.041(1).

31  

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 1         (c)  Enter into an agreement or, upon delegation, the

 2  department may enter into an agreement, with a nonprofit

 3  corporation, as defined in s. 253.025(7)(f) s. 259.041(7)(e),

 4  to assume responsibility for acquisition of lands pursuant to

 5  this section. The agreement may transfer responsibility for

 6  all matters which may be delegated or waived pursuant to s.

 7  253.002(2)(b) s. 259.041(1).

 8         Section 25.  Paragraph (b) of subsection (3) of section

 9  260.016, Florida Statutes, is amended to read:

10         260.016  General powers of the department.--

11         (3)  The department or its designee is authorized to

12  negotiate with potentially affected private landowners as to

13  the terms under which such landowners would consent to the

14  public use of their lands as part of the greenways and trails

15  system. The department shall be authorized to agree to

16  incentives for a private landowner who consents to this public

17  use of his or her lands for conservation or recreational

18  purposes, including, but not limited to, the following:

19         (b)  Agreement to exchange, subject to the approval of

20  the Board of Trustees of the Internal Improvement Trust Fund

21  or other applicable unit of government, ownership or other

22  rights of use of public lands for the ownership or other

23  rights of use of privately owned lands. Any exchange of

24  state-owned lands, title to which is vested in the Board of

25  Trustees of the Internal Improvement Trust Fund, for privately

26  owned lands shall be subject to the requirements of s. 253.034

27  s. 259.041.

28         Section 26.  Subsections (6) and (7) of section

29  369.317, Florida Statutes, are amended to read:

30         369.317  Wekiva Parkway.--

31  

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 1         (6)  The Orlando-Orange County Expressway Authority is

 2  hereby granted the authority to act as a third-party

 3  acquisition agent, pursuant to s. 253.025 s. 259.041 on behalf

 4  of the Board of Trustees or chapter 373 on behalf of the

 5  governing board of the St. Johns River Water Management

 6  District, for the acquisition of all necessary lands, property

 7  and all interests in property identified herein, including fee

 8  simple or less-than-fee simple interests. The lands subject to

 9  this authority are identified in paragraph 10.a., State of

10  Florida, Office of the Governor, Executive Order 03-112 of

11  July 1, 2003, and in Recommendation 16 of the Wekiva Basin

12  Area Task Force created by Executive Order 2002-259, such

13  lands otherwise known as Neighborhood Lakes, a 1,587+/- acre

14  parcel located in Orange and Lake Counties within Sections 27,

15  28, 33, and 34 of Township 19 South, Range 28 East, and

16  Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;

17  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake

18  County within Section 37, Township 19 South, Range 28 East;

19  New Garden Coal; a 1,605+/- acre parcel in Lake County within

20  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28

21  East; Pine Plantation, a 617+/- acre tract consisting of eight

22  individual parcels within the Apopka City limits. The

23  Department of Transportation, the Department of Environmental

24  Protection, the St. Johns River Water Management District, and

25  other land acquisition entities shall participate and

26  cooperate in providing information and support to the

27  third-party acquisition agent. The land acquisition process

28  authorized by this paragraph shall begin no later than

29  December 31, 2004. Acquisition of the properties identified as

30  Neighborhood Lakes, Pine Plantation, and New Garden Coal, or

31  approval as a mitigation bank shall be concluded no later than

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 1  December 31, 2010. Department of Transportation and

 2  Orlando-Orange County Expressway Authority funds expended to

 3  purchase an interest in those lands identified in this

 4  subsection shall be eligible as environmental mitigation for

 5  road construction related impacts in the Wekiva Study Area.

 6         (a)  Acquisition of the land described in this section

 7  is required to provide right of way for the Wekiva Parkway, a

 8  limited access roadway linking State Road 429 to Interstate 4,

 9  an essential component in meeting regional transportation

10  needs to provide regional connectivity, improve safety,

11  accommodate projected population and economic growth, and

12  satisfy critical transportation requirements caused by

13  increased traffic volume growth and travel demands.

14         (b)  Acquisition of the lands described in this section

15  is also required to protect the surface water and groundwater

16  resources of Lake, Orange, and Seminole counties, otherwise

17  known as the Wekiva Study Area, including recharge within the

18  springshed that provides for the Wekiva River system.

19  Protection of this area is crucial to the long term viability

20  of the Wekiva River and springs and the central Florida

21  region's water supply. Acquisition of the lands described in

22  this section is also necessary to alleviate pressure from

23  growth and development affecting the surface and groundwater

24  resources within the recharge area.

25         (c)  Lands acquired pursuant to this section that are

26  needed for transportation facilities for the Wekiva Parkway

27  shall be determined not necessary for conservation purposes

28  pursuant to ss. 253.034(6) and 373.089(5) and shall be

29  transferred to or retained by the Orlando-Orange County

30  Expressway Authority or the Department of Transportation upon

31  

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 1  reimbursement of the full purchase price and acquisition

 2  costs.

 3         (7)  The Department of Transportation, the Department

 4  of Environmental Protection, the St. Johns River Water

 5  Management District, Orlando-Orange County Expressway

 6  Authority, and other land acquisition entities shall cooperate

 7  and establish funding responsibilities and partnerships by

 8  agreement to the extent funds are available to the various

 9  entities. Properties acquired with Florida Forever funds shall

10  be in accordance with s. 259.105 s. 259.041 or chapter 373.

11  The Orlando-Orange County Expressway Authority shall acquire

12  land in accordance with this section of law to the extent

13  funds are available from the various funding partners, but

14  shall not be required nor assumed to fund the land acquisition

15  beyond the agreement and funding provided by the various land

16  acquisition entities.

17         Section 27.  Paragraph (a) of subsection (3) of section

18  373.139, Florida Statutes, is amended to read:

19         373.139  Acquisition of real property.--

20         (3)  The initial 5-year work plan and any subsequent

21  modifications or additions thereto shall be adopted by each

22  water management district after a public hearing. Each water

23  management district shall provide at least 14 days' advance

24  notice of the hearing date and shall separately notify each

25  county commission within which a proposed work plan project or

26  project modification or addition is located of the hearing

27  date.

28         (a)  Appraisal reports, offers, and counteroffers are

29  confidential and exempt from the provisions of s. 119.07(1)

30  until an option contract is executed or, if no option contract

31  is executed, until 30 days before a contract or agreement for

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 1  purchase is considered for approval by the governing board.

 2  However, each district may, at its discretion, disclose

 3  appraisal reports to private landowners during negotiations

 4  for acquisitions using alternatives to fee simple techniques,

 5  if the district determines that disclosure of such reports

 6  will bring the proposed acquisition to closure. In the event

 7  that negotiation is terminated by the district, the appraisal

 8  report, offers, and counteroffers shall become available

 9  pursuant to s. 119.07(1). Notwithstanding the provisions of

10  this section and s. 253.025 s. 259.041, a district and the

11  Division of State Lands may share and disclose appraisal

12  reports, appraisal information, offers, and counteroffers when

13  joint acquisition of property is contemplated. A district and

14  the Division of State Lands shall maintain the confidentiality

15  of such appraisal reports, appraisal information, offers, and

16  counteroffers in conformance with this section and s. 259.041,

17  except in those cases in which a district and the division

18  have exercised discretion to disclose such information. A

19  district may disclose appraisal information, offers, and

20  counteroffers to a third party who has entered into a

21  contractual agreement with the district to work with or on the

22  behalf of or to assist the district in connection with land

23  acquisitions. The third party shall maintain the

24  confidentiality of such information in conformance with this

25  section. In addition, a district may use, as its own,

26  appraisals obtained by a third party provided the appraiser is

27  selected from the district's list of approved appraisers and

28  the appraisal is reviewed and approved by the district.

29         Section 28.  Section 375.045, Florida Statutes, is

30  amended to read:

31         375.045  Florida Preservation 2000 Trust Fund.--

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 1         (1)  There is created the Florida Preservation 2000

 2  Trust Fund to carry out the purposes of s. ss. 259.032, as

 3  established in chapter 94-240, Laws of Florida, and ss.

 4  259.101, and 375.031. The Florida Preservation 2000 Trust Fund

 5  shall be held and administered by the Department of

 6  Environmental Protection. Proceeds from the sale of revenue

 7  bonds issued pursuant to s. 375.051 and payable from moneys

 8  transferred to the Land Acquisition Trust Fund pursuant to s.

 9  201.15(1)(a), not to exceed $3 billion, shall be deposited

10  into this trust fund to be distributed as provided in s.

11  259.101(3). The bond resolution adopted by the governing board

12  of the Division of Bond Finance may provide for additional

13  provisions that govern the disbursement of the bond proceeds.

14         (2)  The Department of Environmental Protection shall

15  distribute revenues from the Florida Preservation 2000 Trust

16  Fund only to programs of state agencies or local governments

17  as set out in s. 259.101(3). Excluding distributions to the

18  Save Our Everglades Trust Fund, such distributions shall be

19  spent by the recipient within 90 days after the date on which

20  the Department of Environmental Protection initiates the

21  transfer.

22         (3)  Any agency or district which acquires lands using

23  Preservation 2000 funds, as distributed pursuant to this

24  section and s. 259.101(3), shall manage the lands to make them

25  available for public recreational use, provided that the

26  recreational use does not interfere with the protection of

27  natural resource values. Any such agency or district may enter

28  into agreements with the Department of Environmental

29  Protection or other appropriate state agencies to transfer

30  management authority to or to lease to such agencies lands

31  purchased with Preservation 2000 funds, for the purpose of

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 1  managing the lands to make them available for public

 2  recreational use. The water management districts and the

 3  Department of Environmental Protection shall take action to

 4  control the growth of nonnative invasive plant species on

 5  lands they manage which are purchased with Preservation 2000

 6  funds.

 7         (4)  The Department of Environmental Protection shall

 8  ensure that the proceeds from the sale of revenue bonds issued

 9  pursuant to s. 375.051 and payable from moneys transferred to

10  the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a)

11  shall be administered and expended in a manner that ensures

12  compliance of each issue of revenue bonds that are issued on

13  the basis that interest thereon will be excluded from gross

14  income for federal income tax purposes, with the applicable

15  provisions of the United States Internal Revenue Code and the

16  regulations promulgated thereunder, to the extent necessary to

17  preserve the exclusion of interest on such revenue bonds from

18  gross income for federal income tax purposes. The Department

19  of Environmental Protection shall have the authority to

20  administer the use and disbursement of the proceeds of such

21  revenue bonds or require that the use and disbursement thereof

22  be administered in such a manner as shall be necessary to

23  implement strategies to maximize any available benefits under

24  the applicable provisions of the United States Internal

25  Revenue Code or regulations promulgated thereunder, to the

26  extent not inconsistent with the purposes identified in s.

27  259.101(3).

28         (5)  For the 2004-2005 fiscal year only, any

29  unobligated moneys in the Florida Preservation 2000 Trust Fund

30  resulting from interest earnings and from reversions of prior

31  appropriations to any agency may be appropriated to the

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 1  Florida Forever Trust Fund for use pursuant to s. 259.1051.

 2  This subsection expires July 1, 2005.

 3  

 4  Upon a determination by the Department of Environmental

 5  Protection that proceeds being held in the trust fund to

 6  support distributions outside the Department of Environmental

 7  Protection are not likely to be disbursed in accordance with

 8  the foregoing considerations, the Department of Environmental

 9  Protection shall petition the Governor and Cabinet to allow

10  for the immediate disbursement of such funds for the

11  acquisition of projects approved for purchase pursuant to the

12  provisions of chapter 259.

13         Section 29.  Subsection (13) of section 380.0666,

14  Florida Statutes, is amended to read:

15         380.0666  Powers of land authority.--The land authority

16  shall have all the powers necessary or convenient to carry out

17  and effectuate the purposes and provisions of this act,

18  including the following powers, which are in addition to all

19  other powers granted by other provisions of this act:

20         (13)  To identify parcels of land within the area or

21  areas of critical state concern that would be appropriate

22  acquisitions by the state from the Florida Forever

23  Conservation and Recreational Lands Trust Fund and recommend

24  such acquisitions to the advisory council established pursuant

25  to s. 259.035 or its successor.

26         Section 30.  Section 589.07, Florida Statutes, is

27  amended to read:

28         589.07  Division may acquire lands for forest

29  purposes.--The Division of Forestry, on behalf of the state

30  and subject to the restrictions mentioned in s. 589.08, may

31  acquire lands, suitable for state forest purposes, by gift,

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    Florida Senate - 2006                                  SB 2070
    592-1554B-06




 1  donation, contribution, purchase, or otherwise and may enter

 2  into agreements with the Federal Government, or other agency,

 3  for acquiring by gift, purchase, or otherwise, such lands as

 4  are, in the judgment of the division, suitable and desirable

 5  for state forests.  The acquisition procedures for state lands

 6  provided in s. 253.025 s. 259.041 do not apply to acquisition

 7  of land by the Division of Forestry.

 8         Section 31.  Subsection (14) of section 253.03,

 9  subsections (4), (5), and (6) of section 259.035, section

10  270.07, 270.08, and subsection (7) of section 380.0677,

11  Florida Statutes, are repealed.

12         Section 32.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 2006.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Revises various provisions governing the acquisition and
      sale of state lands. Revises the requirements for
18    appraisals of land. Provides certain limitations on the
      acquisition of land for which the purchase price exceeds
19    appraised value. Provides requirements for the review of
      management agreements, leases, and other instruments by
20    the Board of Trustees of the Internal Improvement Trust
      Fund. Provides duties of the Acquisition and Restoration
21    Council with respect to management plans and
      recommendations to the board of trustees. Provides duties
22    for the Division of State Lands with respect to the sale
      or management of nonconservation lands. Provides
23    procedures for offering state lands to local or state
      governments. Revises procedures for the exchange of state
24    lands. Provides for the use of moneys in the Conservation
      and Recreation Lands Trust Fund. Requires that certain
25    purchases be ratified by an act of the Legislature. (See
      bill for details.)
26  

27  

28  

29  

30  

31  

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