Senate Bill sb2102c1

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    Florida Senate - 2006                           CS for SB 2102

    By the Committee on Environmental Preservation; and Senator
    Bennett




    592-1948-06

  1                      A bill to be entitled

  2         An act relating to land management; creating s.

  3         259.1053, F.S.; creating the Babcock Ranch

  4         Preserve Act; providing a short title;

  5         providing definitions; creating Babcock Ranch,

  6         Inc., a not-for-profit corporation to be

  7         incorporated in the state; providing that the

  8         corporation shall act as an instrumentality of

  9         the state for purposes of sovereign immunity

10         under s. 768.28, F.S.; providing that the

11         corporation shall not be an agency under s.

12         20.03, F.S.; providing that the corporation is

13         subject to the provisions of chs. 119 and 286,

14         F.S., requiring public records and meetings;

15         providing for the corporation to be governed by

16         the Babcock Board of Directors; providing for

17         the appointment of board members and terms of

18         office; prohibiting any board member from

19         voting on any measure that constitutes a

20         conflict of interest; providing for the board

21         members to serve without compensation, but to

22         receive per diem and travel expenses;

23         authorizing state agencies to provide state

24         employees for purposes of implementing the

25         Babcock Ranch Preserve; providing certain

26         powers and duties of the corporation; providing

27         limitations on the powers and duties of the

28         corporation; providing that the corporation and

29         its subsidiaries must provide equal employment

30         opportunities; providing for the corporation to

31         establish and manage an operating fund;

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    Florida Senate - 2006                           CS for SB 2102
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 1         requiring an annual financial audit of the

 2         accounts and records of the corporation;

 3         requiring annual reports by the corporation to

 4         the Board of Trustees of the Internal

 5         Improvement Trust Fund, the Legislature, the

 6         Department of Agriculture and Consumer

 7         Services, and the Fish and Wildlife

 8         Conservation Commission; requiring that the

 9         corporation prepare an annual budget;

10         specifying a goal of self-sustaining operation

11         within a certain period; providing for the

12         corporation to retain donations and other

13         moneys; requiring that the corporation adopt

14         articles of incorporation and bylaws subject to

15         the approval of the Board of Trustees of the

16         Internal Improvement Trust Fund; authorizing

17         the corporation to appoint advisory committees;

18         providing requirements for a comprehensive

19         business plan; specifying the procedures by

20         which the corporation shall assume the

21         management and operation of the Babcock Ranch

22         Preserve; prohibiting the corporation from

23         taking certain actions without the consent of

24         the Board of Trustees of the Internal

25         Improvement Trust Fund; requiring that the

26         corporation be subject to certain state laws

27         and rules governing the procurement of

28         commodities and services; authorizing the

29         corporation to assess fees; providing for

30         management of the Babcock Ranch Preserve until

31         expiration of a current management agreement;

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    Florida Senate - 2006                           CS for SB 2102
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 1         providing for reversion of the management and

 2         operation responsibilities to certain agencies

 3         upon the dissolution of the corporation;

 4         providing that the corporation may be dissolved

 5         only by an act of the Legislature; providing

 6         for reversion of funds upon the dissolution of

 7         the corporation; providing a contingent

 8         effective date.

 9  

10         WHEREAS, the Babcock Ranch comprises the largest

11  private undeveloped single-ownership tract of land in

12  Charlotte County and contains historical evidence in the form

13  of old logging camps and other artifacts that indicate the

14  importance of this land for domesticated livestock production,

15  timber supply, and other bona fide agricultural uses, and

16         WHEREAS, the careful husbandry of the Babcock Ranch,

17  including selective timbering, limited grazing and hunting,

18  and the use of prescribed burning, has preserved a mix of

19  healthy range and timberland with significant species

20  diversity and provides a model for sustainable land

21  development and use, and

22         WHEREAS, the Babcock Ranch must be protected for

23  current and future generations by continued operation as a

24  working ranch under a unique management regime that protects

25  the land and resource values of the property and the

26  surrounding ecosystem while allowing and providing for the

27  ranch to become financially self-sustaining, and

28         WHEREAS, it is in the public's best interest that the

29  management regime for the Babcock Ranch include the

30  development of an operational program for appropriate

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1  preservation and development of the ranch's land and

 2  resources, and

 3         WHEREAS, the public's interest will be served by the

 4  creation of a not-for-profit corporation to develop and

 5  implement environmentally sensitive, cost-effective, and

 6  creative methods to manage and operate a working ranch, NOW,

 7  THEREFORE,

 8  

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

10  

11         Section 1.  Section 259.1053, Florida Statutes, is

12  created to read:

13         259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;

14  creation; membership; organization; meetings.--

15         (1)  SHORT TITLE.--This section may be cited as the

16  "Babcock Ranch Preserve Act."

17         (2)  DEFINITIONS.--As used in this section, the term:

18         (a)  "Babcock Ranch Preserve" and "preserve" mean the

19  lands and facilities acquired in the purchase of the Babcock

20  Crescent B Ranch, as provided in s. 259.1052.

21         (b)  "Babcock Ranch, Inc.," and "corporation" mean the

22  not-for-profit corporation created under this section to

23  operate and manage the Babcock Ranch Preserve as a working

24  ranch.

25         (c)  "Board of directors" means the governing board of

26  the not-for-profit corporation created under this section.

27         (d)  "Commission" means the Fish and Wildlife

28  Conservation Commission.

29         (e)  "Commissioner" means the Commissioner of

30  Agriculture.

31  

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 1         (f)  "Department" means the Department of Agriculture

 2  and Consumer Services.

 3         (g)  "Executive director" means the Executive Director

 4  of the Fish and Wildlife Conservation Commission.

 5         (h)  "Financially self-sustaining" means management and

 6  operation expenditures not more than the revenues collected

 7  from fees and other receipts for resource use and development,

 8  and from interest and invested funds.

 9         (i)  "Management and operating expenditures" means

10  expenses of the corporation, including, but not limited to,

11  salaries and benefits of officers and staff, administrative

12  and operating expenses, costs for improvements to and

13  maintenance of lands and facilities of the Babcock Ranch

14  Preserve, and other similar expenses. Such expenditures shall

15  be made from revenues generated from the operation of the

16  ranch and not from funds appropriated by the Legislature

17  except as provided in this section.

18         (j)  "Member" means a person appointed to the board of

19  directors of the not-for-profit corporation created under this

20  section.

21         (k)  "Multiple use" means the management of all of the

22  renewable surface resources of the Babcock Ranch Preserve to

23  best meet the needs of the public, including the use of the

24  land for some or all of the renewable surface resources or

25  related services over areas large enough to allow for periodic

26  adjustments in use to conform to the changing needs and

27  conditions of the preserve while recognizing that a portion of

28  the land will be used for some of the renewable surface

29  resources available on that land. The goal of multiple use is

30  the harmonious and coordinated management of the renewable

31  surface resources without impairing the productivity of the

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    Florida Senate - 2006                           CS for SB 2102
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 1  land and considering the relative value of the renewable

 2  surface resources, and not necessarily a combination of uses

 3  to provide the greatest monetary return or the greatest unit

 4  output.

 5         (l)  "Sustained yield of the renewable surface

 6  resources" means the achievement and maintenance of a high

 7  level of annual or regular periodic output of the various

 8  renewable surface resources of the preserve without impairing

 9  the productivity of the land.

10         (3)  CREATION OF BABCOCK RANCH PRESERVE.--

11         (a)  The acquisition of the Babcock Crescent B Ranch by

12  the Board of Trustees of the Internal Improvement Trust Fund

13  is a conservation acquisition under the Florida Forever

14  program created under s. 259.105, with a goal of sustaining

15  the ecological and economic integrity of the property being

16  acquired while allowing the business of the ranch to operate

17  and prosper.

18         (b)  Upon the date of acquisition of the Babcock

19  Crescent B Ranch, there is created the Babcock Ranch Preserve,

20  which shall be managed in accordance with the purposes and

21  requirements of this section.

22         (c)  The preserve is established to protect and

23  preserve the environmental, agricultural, scientific, scenic,

24  geologic, watershed, fish, wildlife, historic, cultural, and

25  recreational values of the preserve, and to provide for the

26  multiple use and sustained yield of the renewable surface

27  resources within the preserve consistent with this section.

28         (d)  Babcock Ranch, Inc., and its officers and

29  employees shall participate in the management of the Babcock

30  Ranch Preserve in an advisory capacity only until the

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1  management agreement referenced in paragraph (10)(a) is

 2  terminated or expires.

 3         (e)  Nothing in this section shall preclude Babcock

 4  Ranch, Inc., prior to assuming management and operation of the

 5  preserve and thereafter, from allowing the use of common

 6  varieties of mineral materials such as sand, stone, and gravel

 7  for construction and maintenance of roads and facilities

 8  within the preserve.

 9         (f)  Nothing in this section shall be construed as

10  affecting the constitutional responsibilities of the

11  commission in the exercise of its regulatory and executive

12  power with respect to wild animal life and freshwater aquatic

13  life, including the regulation of hunting, fishing, and

14  trapping within the preserve.

15         (g)  Nothing in this section shall be construed to

16  interfere with or prevent the ability of Babcock Ranch, Inc.,

17  to implement agricultural practices authorized by the

18  agricultural land use designations established in the local

19  comprehensive plans of either Charlotte or Lee Counties as

20  those plans apply to the Babcock Ranch Preserve.

21         (h)  To clarify the responsibilities of the lead

22  managing agencies and the not-for-profit corporation created

23  under this section, the lead managing agencies are directed to

24  establish a range of resource protection values for the

25  Babcock Ranch Preserve, and the corporation shall establish

26  operational parameters to conduct the business of the ranch

27  within the range of values.  The corporation shall establish a

28  range of operational values to conduct the business of the

29  ranch and the lead managing agencies providing ground support

30  to the ranch outside of each agency's jurisdictional

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1  responsibilities shall establish management parameters within

 2  that range of values.

 3         (i)  Nothing in this section shall preclude the

 4  maintenance and use of roads and trails or the relocation of

 5  roads in existence on the effective date of this section, or

 6  the construction, maintenance, and use of new trails, or any

 7  motorized access necessary for the administration of the land

 8  contained within the preserve, including motorized access

 9  necessary for emergencies involving the health or safety of

10  persons within the preserve.

11         (4)  CREATION OF BABCOCK RANCH, INC.--

12         (a)  There is created a not-for-profit corporation, to

13  be known as Babcock Ranch, Inc., which shall be registered,

14  incorporated, organized, and operated in compliance with the

15  provisions of chapter 617, and which shall not be a unit or

16  entity of state government. For purposes of sovereign

17  immunity, the corporation shall be a corporation primarily

18  acting as an instrumentality of the state but otherwise shall

19  not be an agency within the meaning of s. 20.03(11) or a unit

20  or entity of state government.

21         (b)  The corporation is organized on a nonstock basis

22  and shall operate in a manner consistent with its public

23  purpose and in the best interest of the state.

24         (c)  Meetings and records of the corporation, its

25  directors, advisory committees, or similar groups created by

26  the corporation, including any not-for-profit subsidiaries,

27  are subject to the public records provisions of chapter 119

28  and the public meetings and records provisions of s. 286.011.

29         (5)  APPLICABILITY OF SECTION.--In any conflict between

30  a provision of this section and a provision of chapter 617,

31  the provisions of this section shall prevail.

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    Florida Senate - 2006                           CS for SB 2102
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 1         (6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is

 2  to provide management and administrative services for the

 3  preserve, to establish and implement management policies that

 4  will achieve the purposes and requirements of this section, to

 5  cooperate with state agencies to further the purposes of the

 6  preserve, and to establish the administrative and accounting

 7  procedures for the operation of the corporation.

 8         (7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The

 9  corporation shall be governed by a nine-member board of

10  directors who shall be appointed by the Board of Trustees of

11  the Internal Improvement Trust Fund; the executive director of

12  the commission; the Commissioner of Agriculture; the Babcock

13  Florida Company, a corporation registered to do business in

14  the state, or its successors or assigns; the Charlotte County

15  Board of County Commissioners, and the Lee County Board of

16  County Commissioners in the following manner:

17         (a)1.  The Board of Trustees of the Internal

18  Improvement Trust Fund shall appoint four members. No

19  appointee shall be an employee of any governmental entity. One

20  appointee shall have expertise in domesticated livestock

21  management, production, and marketing, including range

22  management and livestock business management. One appointee

23  shall have expertise in the management of game and nongame

24  wildlife and fish populations, including hunting, fishing, and

25  other recreational activities. One appointee shall have

26  expertise in the sustainable management of forest lands for

27  commodity purposes. One appointee shall have expertise in

28  financial management, budget and program analysis, and small

29  business operations.

30         2.  The executive director shall appoint one member

31  with expertise in hunting; fishing; nongame species

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    Florida Senate - 2006                           CS for SB 2102
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 1  management; or wildlife habitat management, restoration, and

 2  conservation.

 3         3.  The commissioner shall appoint one member with

 4  expertise in agricultural operations or foresty management.

 5         4.  The Babcock Florida Company, or its successors or

 6  assigns, shall appoint one member with expertise in the

 7  activities and management of the Babcock Ranch on the date of

 8  acquisition of the ranch by the state as provided under s.

 9  259.1052. This appointee shall serve on the board of directors

10  only until the termination of or expiration of the management

11  agreement attached as Exhibit "E" to that certain Agreement

12  for Sale and Purchase approved by the Board of Trustees of the

13  Internal Improvement Trust Fund on November 22, 2005, and by

14  Lee County, a political subdivision of the state, on November

15  20, 2005. Upon termination of or expiration of the management

16  agreement, the person serving as the head of the property

17  owners' association, if any, required to be created under the

18  agreement for sale and purchase shall serve as a member of the

19  board of directors of Babcock Ranch, Inc.

20         5.  The Charlotte County Board of County Commissioners

21  shall appoint one member who shall be a resident of the county

22  and who shall be active in an organization concerned with the

23  activities of the ranch.

24         6.  The Lee County Board of County Commissioners shall

25  appoint one member who shall be a resident of the county and

26  who shall have experience in land conservation and management.

27  This appointee, or a successor appointee, shall serve as a

28  member of the board of directors so long as the county

29  participates in the state land management plan.

30  

31  

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 1         (c)  All members of the board of directors shall be

 2  appointed no later 90 days following the initial acquisition

 3  of the Babcock Ranch by the state, and:

 4         1.  Four members initially appointed by the Board of

 5  Trustees of the Internal Improvement Trust Fund shall each

 6  serve a 4-year term.

 7         2.  The remaining initial five appointees shall each

 8  serve a 2-year term.

 9         3.  Each member appointed thereafter shall serve a

10  4-year term.

11         4.  A vacancy shall be filled in the same manner in

12  which the original appointment was made, and a member

13  appointed to fill a vacancy shall serve for the remainder of

14  that term.

15         5.  No member may serve more than 8 years in

16  consecutive terms.

17         (d)  With the exception of the Babcock Florida Company

18  appointee, no member may be an officer, director, or

19  shareholder in any entity that contracts with or receives

20  funds from the corporation or its subsidiaries.

21         (e)  No member shall vote in an official capacity upon

22  any measure that would inure to his or her special private

23  gain or loss, that he or she knows would inure to the special

24  private gain or loss of any principal by whom he or she is

25  retained or to the parent organization or subsidiary of a

26  principal by which he or she is retained, or that he or she

27  knows would inure to the special private gain or loss of a

28  relative or business associate of the member. Such member

29  shall, prior to the vote being taken, publicly state the

30  nature of his or her interest in the matter from which he or

31  she is abstaining from voting and, no later than 15 days

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 1  following the date the vote occurs, shall disclose the nature

 2  of his or her interest as a public record in a memorandum

 3  filed with the person responsible for recording the minutes of

 4  the meeting, who shall incorporate the memorandum in the

 5  minutes of the meeting.

 6         (f)  Each member of the board of directors is

 7  accountable for the proper performance of the duties of

 8  office, and each member owes a fiduciary duty to the people of

 9  the state to ensure that funds provided in furtherance of this

10  section are disbursed and used as prescribed by law and

11  contract. Any official appointing a member may remove that

12  member for malfeasance, misfeasance, neglect of duty,

13  incompetence, permanent inability to perform official duties,

14  unexcused absence from three consecutive meetings of the

15  board, arrest or indictment for a crime that is a felony or

16  misdemeanor involving theft or a crime of dishonesty, or

17  pleading nolo contendere to, or being found guilty of, any

18  crime.

19         (g)  Each member of the board of directors shall serve

20  without compensation, but shall receive travel and per diem

21  expenses as provided in s. 112.061 while in the performance of

22  his or her duties.

23         (8)  ORGANIZATION; MEETINGS.--

24         (a)1.  The board of directors shall annually elect a

25  chairperson and a vice chairperson from among the board's

26  members.  The members may, by a vote of five of the nine board

27  members, remove a member from the position of chairperson or

28  vice chairperson prior to the expiration of his or her term as

29  chairperson or vice chairperson. His or her successor shall be

30  elected to serve for the balance of the removed chairperson's

31  or vice chairperson's term.

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 1         2.  The chairperson shall ensure that records are kept

 2  of the proceedings of the board of directors, and is the

 3  custodian of all books, documents, and papers filed with the

 4  board, the minutes of meetings of the board, and the official

 5  seal of the corporation.

 6         (b)1.  The board of directors shall meet upon the call

 7  of the chairperson at least three times per year in Charlotte

 8  County or in Lee County.

 9         2.  A majority of the members of the board of directors

10  constitutes a quorum.  Except as otherwise provided in this

11  section, the board of directors may take official action by a

12  majority of the members present at any meeting at which a

13  quorum is present.  Members may not vote by proxy.

14         (9)  POWERS AND DUTIES.--

15         (a)  The board of directors shall adopt articles of

16  incorporation and bylaws necessary to govern its activities.

17  The adopted articles of incorporation and bylaws must be

18  approved by the Board of Trustees of the Internal Improvement

19  Trust Fund prior to filing with the Department of State.

20         (b)  The board of directors shall review and approve

21  any management plan developed pursuant to ss. 253.034 and

22  259.032 for the management of lands in the preserve prior to

23  the submission of that plan to the Board of Trustees of the

24  Internal Improvement Trust Fund for approval and

25  implementation.

26         (c)1.  Except for the constitutional powers of the

27  commission as provided in s. 9, Art. IV of the State

28  Constitution, the board of directors shall have all necessary

29  and proper powers for the exercise of the authority vested in

30  the corporation, including, but not limited to, the power to

31  solicit and accept donations of funds, property, supplies, or

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 1  services from individuals, foundations, corporations, and

 2  other public or private entities for the purposes of this

 3  section. All funds received by the corporation shall be

 4  deposited into the operating fund authorized under this

 5  section unless otherwise directed by the Legislature.

 6         2.  The board of directors may not increase the number

 7  of its members.

 8         3.  The corporation may not purchase, take, receive,

 9  lease, take by gift, devise, or bequest, or otherwise acquire,

10  own, hold, improve, use, or otherwise deal in and with real

11  property, or any interest therein, wherever situated.

12         4.  The corporation may not sell, convey, mortgage,

13  pledge, lease, exchange, transfer, or otherwise dispose of any

14  real property.

15         5.  The corporation may not purchase, take, receive,

16  subscribe for, or otherwise acquire, own, hold, vote, use,

17  employ, sell, mortgage, lend, pledge, or otherwise dispose of

18  or otherwise use and deal in and with, shares and other

19  interests in, or obligations of, other domestic or foreign

20  corporations, whether for profit or not for profit,

21  associations, partnerships, or individuals, or direct or

22  indirect obligations of the United States, or any other

23  government, state, territory, government district,

24  municipality, or any instrumentality thereof.

25         6.  The corporation may not lend money for its

26  corporate purposes, invest and reinvest its funds, and take

27  and hold real and personal property as security for the

28  payment of funds lent or invested.

29         7.  The corporation may not merge with other

30  corporations or other business entities.

31  

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 1         8.  The corporation may not enter into any contract,

 2  lease, or other agreement related to the use of ground or

 3  surface waters located in, on, or through the preserve without

 4  the consent of the Board of Trustees of the Internal

 5  Improvement Trust Fund and permits that may be required by the

 6  Department of Environmental Protection or the appropriate

 7  water management district under chapters 373 and 403.

 8         9.  The corporation may not grant any easements in, on,

 9  or across the preserve.  Any easements to be granted for the

10  use of, access to, or ingress and egress across state property

11  within the preserve must be executed by the Board of Trustees

12  of the Internal Improvement Trust Fund as the owners of the

13  state property within the preserve.  Any easements to be

14  granted for the use of, access to, or ingress and egress

15  across property within the preserve titled in the name of a

16  local government must be granted by the governing body of that

17  local government.

18         10.  The corporation may not enter into any contract,

19  lease, or other agreement related to the use and occupancy of

20  the property within the preserve for a period greater than 10

21  years.

22         (c)  The members may, with the written approval of the

23  commission and in consultation with the department, designate

24  hunting, fishing, and trapping zones and may establish

25  additional periods when no hunting, fishing, or trapping shall

26  be permitted for reasons of public safety, administration, and

27  the protection and enhancement of nongame habitat and nongame

28  species, as defined under s. 372.001.

29         (d)  The corporation shall have the sole and exclusive

30  right to use the words "Babcock Ranch, Inc.," and any seal,

31  emblem, or other insignia adopted by the members. Without the

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 1  express written authority of the corporation, no person may

 2  use the words "Babcock Ranch, Inc.," as the name under which

 3  that person conducts or purports to conduct business, for the

 4  purpose of trade or advertisement, or in any manner that may

 5  suggest any connection with the corporation.

 6         (e)  The corporation may from time to time appoint

 7  advisory committees to further any part of this section. The

 8  advisory committees shall be reflective of the expertise

 9  necessary for the particular function for which the committee

10  is created, and may include public agencies, private entities,

11  and not-for-profit conservation and agricultural

12  representatives.

13         (f)  State laws governing the procurement of

14  commodities and services by state agencies, as provided in s.

15  287.057, shall apply to the corporation.

16         (g)  The corporation and its subsidiaries must provide

17  equal employment opportunities for all persons regardless of

18  race, color, religion, gender, national origin, age, handicap,

19  or marital status.

20         (10)  OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING

21  REQUIREMENTS.--

22         (a)  The board of directors may establish and manage an

23  operating fund to address the corporation's unique cash-flow

24  needs and to facilitate the management and operation of the

25  preserve as a working ranch. A cash balance reserve of not

26  more than 25 percent of the annual management and operating

27  expenditures of the corporation may accumulate and be

28  maintained in the operating fund at any time.

29         (b)  The board of directors shall provide for an annual

30  financial audit of the corporate accounts and records to be

31  conducted by an independent certified public accountant in

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 1  accordance with rules adopted by the Auditor General under s.

 2  11.45(8). The audit report shall be submitted no later than 3

 3  months following the end of the fiscal year to the Auditor

 4  General, the President of the Senate, the Speaker of the House

 5  of Representatives, and the appropriate substantive and fiscal

 6  committees of the Legislature. The Auditor General, the Office

 7  of Program Policy Analysis and Government Accountability, and

 8  the substantive or fiscal committees of the Legislature to

 9  which legislation affecting the Babcock Ranch Preserve may be

10  referred shall have the authority to require and receive from

11  the corporation or from the independent auditor any records

12  relative to the operation of the corporation.

13         (c)  Not later than January 15 of each year, Babcock

14  Ranch, Inc., shall submit to the Board of Trustees of the

15  Internal Improvement Trust Fund, the President of the Senate,

16  the Speaker of the House of Representatives, the department,

17  and the commission a comprehensive and detailed report of its

18  operations, activities, and accomplishments for the prior

19  year, including information on the status of the ecological,

20  cultural, and financial resources being managed by the

21  corporation, and benefits provided by the preserve to local

22  communities. The report shall also include a section

23  describing the corporation's goals for the current year.

24         (d)  The board of directors shall prepare an annual

25  budget with the goal of achieving a financially

26  self-sustaining operation within 15 full fiscal years after

27  the initial acquisition of the Babcock Ranch by the state. The

28  department shall provide necessary assistance, including

29  details as necessary, to the corporation for the timely

30  formulation and submission of an annual legislative budget

31  request for appropriations, if any, to support the

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 1  administration, operation, and maintenance of the preserve. A

 2  request for appropriations shall be submitted to the

 3  department and shall be included in the department's annual

 4  legislative budget request as a separate line item

 5  appropriation. Requests for appropriations shall be submitted

 6  to the department in time to allow the department to meet the

 7  requirements of s. 216.023. The department may not deny a

 8  request or refuse to include in its annual legislative budget

 9  submission a request from the corporation for an

10  appropriation.

11         (e)  Notwithstanding any other provision of law, all

12  moneys received from donations or from management of the

13  preserve shall be retained by the corporation in the operating

14  fund and shall be available, without further appropriation,

15  for the administration, preservation, restoration, operation

16  and maintenance, improvements, repairs, and related expenses

17  incurred with respect to properties being managed by the

18  corporation. Except as provided in this section, moneys

19  received by the corporation for the management of the preserve

20  shall not be subject to distribution by the state. Upon

21  assuming management responsibilities for the preserve, the

22  corporation shall optimize the generation of income based on

23  existing marketing conditions to the extent that activities do

24  not unreasonably diminish the long-term environmental,

25  agricultural, scenic, and natural values of the preserve, or

26  the multiple-use and sustained-yield capability of the land.

27         (f)  All parties in contract with the corporation and

28  all holders of leases from the corporation which are

29  authorized to occupy, use, or develop properties under the

30  management jurisdiction of the corporation must procure proper

31  insurance as is reasonable or customary to insure against any

                                  18

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    Florida Senate - 2006                           CS for SB 2102
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 1  loss in connection with the properties or with activities

 2  authorized in the leases or contracts.

 3         (11)  COMPREHENSIVE BUSINESS PLAN.--

 4         (a)  A comprehensive business plan for the management

 5  and operation of the preserve as a working ranch and

 6  amendments to the business plan may be developed only with

 7  input from the department and the commission, and may be

 8  implemented by Babcock Ranch, Inc., only upon expiration of

 9  the management agreement attached as Exhibit "E" to that

10  certain agreement for sale and purchase approved by the Board

11  of Trustees of the Internal Improvement Trust Fund on November

12  22, 2005, and by Lee County on November 20, 2005.

13         (b)  Any final decision of Babcock Ranch, Inc., to

14  adopt or amend the comprehensive business plan or to approve

15  any activity related to the management of the renewable

16  surface resources of the preserve shall be made in sessions

17  that are open to the public. The board of directors shall

18  establish procedures for providing adequate public information

19  and opportunities for public comment on the proposed

20  comprehensive business plan for the preserve or for amendments

21  to the comprehensive business plan adopted by the members.

22         (c)  Not less than 2 years prior to the corporation's

23  assuming management and operation responsibilities for the

24  preserve, the corporation, with input from the commission and

25  the department, must begin developing the comprehensive

26  business plan to carry out the purposes of this section. To

27  the extent consistent with these purposes, the comprehensive

28  business plan shall provide for:

29         1.  The management and operation of the preserve as a

30  working ranch;

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1         2.  The protection and preservation of the

 2  environmental, agricultural, scientific, scenic, geologic,

 3  watershed, fish, wildlife, historic, cultural, and

 4  recreational values of the preserve;

 5         3.  The promotion of high-quality hunting experiences

 6  for the public, with emphasis on deer, turkey, and other game

 7  species;

 8         4.  Multiple use and sustained yield of renewable

 9  surface resources within the preserve;

10         5.  Public use of and access to the preserve for

11  recreation; and

12         6.  The use of renewable resources and management

13  alternatives that, to the extent practicable, benefit local

14  communities and small businesses and enhance the coordination

15  of management objectives with those on surrounding public or

16  private lands. The use of renewable resources and management

17  alternatives should provide cost savings to the corporation

18  through the exchange of services, including, but not limited

19  to, labor and maintenance of facilities, for resources or

20  services provided to the corporation.

21         (d)  On or before the date on which title to the

22  portion of the Babcock Crescent B Ranch being purchased by the

23  state as provided in s. 259.1052 is vested in the Board of

24  Trustees of the Internal Improvement Trust Fund, Babcock Ranch

25  Management, LLC, a limited liability company incorporated in

26  this state, shall provide the commission and the department

27  with the proprietary management plan and business plan in

28  place for the operation of the ranch as of November 22, 2005,

29  the date on which the board of trustees approved the purchase.

30         (12)  MANAGEMENT OF PRESERVE; FEES.--

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1         (a)  The corporation shall assume all authority

 2  provided by this section to manage and operate the preserve as

 3  a working ranch upon a determination by the Board of Trustees

 4  of the Internal Improvement Trust Fund that the corporation is

 5  able to conduct business, and that provision has been made for

 6  essential services on the preserve, which, to the maximum

 7  extent practicable, shall be made no later than 60 days prior

 8  to the termination of the management agreement referenced in

 9  paragraph (11)(a).

10         (b)  Upon assuming management and operation of the

11  preserve, the corporation shall:

12         1.  With input from the commission and the department,

13  manage and operate the preserve and the uses thereof,

14  including, but not limited to, the activities necessary to

15  administer and operate the preserve as a working ranch; the

16  activities necessary for the preservation and development of

17  the land and renewable surface resources of the preserve; the

18  activities necessary for interpretation of the history of the

19  preserve on behalf of the public; the activities necessary for

20  the management, public use, and occupancy of facilities and

21  lands within the preserve; and the maintenance,

22  rehabilitation, repair, and improvement of property within the

23  preserve;

24         2.  Develop programs and activities relating to the

25  management of the preserve as a working ranch;

26         3.  Negotiate directly with and enter into such

27  agreements, leases, contracts, and other arrangements with any

28  person, firm, association, organization, corporation, or

29  governmental entity, including entities of federal, state, and

30  local governments, as are necessary and appropriate to carry

31  out the purposes and activities authorized by this section;

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    Florida Senate - 2006                           CS for SB 2102
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 1         4.  Establish procedures for entering into lease

 2  agreements and other agreements for the use and occupancy of

 3  the facilities of the preserve.  The procedures shall ensure

 4  reasonable competition and set guidelines for determining

 5  reasonable fees, terms, and conditions for such agreements;

 6  and

 7         5.  Assess reasonable fees for admission to, use of,

 8  and occupancy of the preserve to offset costs for operation of

 9  the preserve as a working ranch. These fees are independent of

10  fees assessed by the commission for the privilege of hunting,

11  fishing, or pursuing outdoor recreational activities within

12  the preserve, and shall be deposited into the operating fund

13  established by the board of directors under the authority

14  provided under this section.

15         (13)  MISCELLANEOUS PROVISIONS.--

16         (a)  Except for the powers of the commissioner provided

17  in this section, and the powers of the commission provided in

18  s. 9, Art. IV of the State Constitution, the preserve shall be

19  managed by Babcock Ranch, Inc.

20         (b)  Officers and employees of Babcock Ranch, Inc., are

21  private employees. At the request of the board of directors,

22  the commission and the department may provide state employees

23  for the purpose of implementing this section.  Any state

24  employees provided to assist the directors in implementing

25  this section for more than 30 days shall be provided on a

26  reimbursable basis. Reimbursement to the commission and the

27  department shall be made from the corporation's operating fund

28  provided under this section and not from any funds

29  appropriated to the corporation by the Legislature.

30         (14)  DISSOLUTION OF BABCOCK RANCH, INC.--

31  

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    Florida Senate - 2006                           CS for SB 2102
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 1         (a)  The corporation may be dissolved only by an act of

 2  the Legislature.

 3         (b)  Upon dissolution of the corporation, the

 4  management responsibilities provided in this section shall

 5  revert to the commission and the department unless otherwise

 6  provided by the Legislature under the act dissolving Babcock

 7  Ranch, Inc.

 8         (c)  Upon dissolution of the corporation, any cash

 9  balances of funds shall revert to the General Revenue fund or

10  such other state fund as may be provided under the act

11  dissolving Babcock Ranch, Inc.

12         Section 2.  This act shall take effect on the same date

13  that SB 1226 or similar legislation takes effect, if such

14  legislation is adopted in the same legislative session, or an

15  extension thereof, and becomes law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 2102

19                                 

20  The committee substitutes reorganizes and restructures the
    original bill, and better defines the powers and duties of
21  Babcock Ranch, Inc.  The committee substitute provides that
    the acquisition of the Babcock Crescent B Ranch is a
22  conservation acquisition under the Florida Forever program.
    The role of and the interaction between the state's land
23  managing agencies and the not-for-profit corporation are
    clarified with regard to the establishment of resource
24  protection values and the establishment of operational values
    for the working ranch.
25  
    The committee substitute restructures the appointments process
26  for members of the Board of Directors of Babcock Ranch, Inc.
    The Board of Trustees of the Internal Improvement Fund
27  appointments are reduced from five members to four members,
    legislative appointments are deleted, the Commissioner of
28  Agriculture is authorized to appoint a board member with
    expertise in agricultural operations or forestry management,
29  and Charlotte and Lee counties are each authorized to appoint
    a board member.
30  

31  

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