HB 7251

1	A bill to be entitled
2	An act relating to state lands; amending s. 253.002, F.S.;
3	clarifying the duties of the Department of Environmental
4	Protection, the water management districts, and the
5	Department of Agriculture and Consumer Services with
6	respect to state lands; authorizing the Board of Trustees
7	of the Internal Improvement Trust Fund to delegate certain
8	duties; amending s. 253.025, F.S.; conforming a cross-
9	reference; amending s. 253.03, F.S., relating to the
10	administration of state lands by the board of trustees;
11	requiring that an inventory of publicly owned lands
12	identify lands exchanged by the state and surplus lands
13	sold by the state; requiring the Department of Revenue to
14	submit current tax roll data to the board of trustees and
15	to the Division of State Lands to be used for inventory
16	purposes; amending s. 253.034, F.S.; reorganizing
17	provisions for clarity; revising and providing
18	definitions; clarifying requirements for the use of lands
19	acquired for greenways and trails; requiring that all
20	management agreements, leases, or other instruments
21	authorizing the use of state lands be reviewed by the
22	board of trustees or its designee; authorizing the
23	Division of State Lands to review subleases for
24	conservation lands less than 160 acres in size; providing
25	for the Acquisition and Restoration Council to review only
26	land management plans for conservation lands; revising
27	requirements relating to the disposal of state lands;
28	requiring that state lands determined to be eligible for
29	sale by the board of trustees be designated as surplus
30	lands; providing that lands determined by the board to be
31	eligible for exchange may not be designated as surplus
32	lands; requiring that the sale or exchange of state
33	conservation lands result in a net positive conservation
34	benefit; authorizing the Division of State Lands to
35	recommend the sale or exchange of nonconservation lands
36	directly to the board of trustees; providing presumption
37	that nonconservation lands are surplus lands; requiring
38	the Division of State Lands to recommend to the board the
39	sale or exchange of nonconservation lands; providing an
40	exception; authorizing the Acquisition and Restoration
41	Council to recommend to the board of trustees that the
42	sale or management of state conservation lands is more
43	appropriate to a county or other unit of local government;
44	expanding the purposes for which a county or local
45	government may use lands purchased from or exchanged with
46	the state; providing for the Division of State Lands to
47	recommend to the board of trustees that the sale or
48	management of nonconservation lands is more appropriate to
49	a county or other unit of local government; providing that
50	local government uses of nonconservation lands may not be
51	limited by the board of trustees; requiring that all
52	requests for the sale or exchange of state lands be
53	submitted in writing to the lead managing agency;
54	requiring that requests be reviewed by the lead managing
55	agency within a specified timeframe; establishing a
56	process for the Division of State Lands or the Acquisition
57	and Restoration Council to hear requests not heard by the
58	lead managing agency in a timely fashion; requiring that
59	the denial of all requests be made in writing and include
60	the reason for denial; requiring that the Division of
61	State Lands keep records documenting all requests for the
62	sale or exchange of state lands; providing circumstances
63	in which state lands being sold or exchanged need not be
64	offered first to local or state governments; requiring
65	state agencies collecting information that may be useful
66	to the Division of State Lands in preparing the state
67	inventory of lands to share that information with the
68	division; requiring that the state inventory of lands be
69	completed by a specified date; removing obsolete language;
70	amending s. 253.0341, F.S.; providing for requests by
71	counties and units of local government for the sale or
72	exchange of state lands to be submitted in writing to the
73	board of trustees; authorizing the board of trustees to
74	sell or exchange state nonconservation lands without a
75	review by the Division of State Lands; removing the
76	authority of the Acquisition and Restoration Council to
77	review the requests; requiring submission of requests
78	within a certain period of time; providing an exception
79	for property being offered for sale or exchange by the
80	state to a county or unit of local government under
81	certain conditions; amending s. 253.42, F.S.; revising
82	requirements for the exchange of state lands by the board
83	of trustees; providing for the uses of exchanged lands by
84	counties and units of local government; providing that
85	board of trustees' rules may not limit the use of
86	exchanged lands by a county or unit of local government;
87	providing an effective date.
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1.  Section 253.002, Florida Statutes, is amended
92	to read:
93	(Substantial rewording of section. See
94	s. 253.002, F.S., for present text.)
95	253.002  Department of Environmental Protection, water
96	management districts, and Department of Agriculture and Consumer
97	Services; duties with respect to state lands.--
98	(1)  As used in this section, the term:
99	(a)  "Board" means the Board of Trustees of the Internal
100	Improvement Trust Fund.
101	(b)  "Department" means the Department of Environmental
102	Protection.
103	(c)  "District" means a water management district created
104	in s. 373.069.
105	(2)(a)  The Department of Environmental Protection shall
106	perform all staff duties and functions related to the
107	acquisition, administration, and disposition of all state lands,
108	the title to which is or will be vested in the Board of Trustees
109	of the Internal Improvement Trust Fund. Staff duties and
110	functions include the collection, compilation, distribution, and
111	mapping of data that documents all state-owned lands and
112	identifies conservation and nonconservation lands, as those
113	lands are defined in this chapter. All lands titled in the name
114	of the board or any state agency shall be inventoried and
115	mapped. Subject to legislative appropriation, the department may
116	contract with the Florida Natural Areas Inventory at Florida
117	State University as necessary to implement the provisions of
118	this paragraph.
119	(b)  Unless expressly prohibited by law, the board may
120	delegate to the department any statutory duty or obligation
121	relating to the acquisition, administration, or disposition of
122	lands, the title to which is or will be vested in the board.
123	However, the ability to use, transfer, withdraw, or sell water
124	on or under lands, the title to which shall be vested in the
125	board or any state agency, may not be negotiated by the board or
126	department as a condition of acquiring the property.
127	(3)  A water management district shall perform all staff
128	duties and functions related to the review of applications to
129	use sovereignty submerged lands for an activity regulated under
130	part IV of chapter 373 and for which the district has permitting
131	authority as provided in an operating agreement adopted under s.
132	373.046(4). The board may delegate the authority for a water
133	management district to take final agency action, without any
134	action on behalf of the board, for the applications; however,
135	the responsibility of a district under this subsection is
136	subject to the department's general supervisory authority
137	established in s. 373.026(7).
138	(4)  The Department of Agriculture and Consumer Services
139	shall perform the staff duties and functions related to the
140	review of applications and compliance with conditions for the
141	use of sovereignty submerged lands under authorizations or
142	leases issued under ss. 253.67-253.75 and 597.010. The board may
143	delegate to the Department of Agriculture and Consumer Services
144	the authority to take final agency action on behalf of the board
145	concerning applications for the use of sovereignty submerged
146	lands for activities for which that department is responsible
147	under ss. 253.67-253.75 and 597.010. Upon issuing an aquaculture
148	lease or conducting other real property transactions relating to
149	aquaculture, the Department of Agriculture and Consumer Services
150	must send a copy of the lease or real property document and the
151	accompanying survey to the department.
152	(5)  The board shall retain the authority to take final
153	agency action on establishing any areas for leasing, new leases,
154	expanding existing lease areas, or changing the type of
155	activities authorized in existing leases.
156	(6)  The board is not limited or prohibited from amending
157	any authority delegated under this section and shall adopt by
158	rule any delegation of authority to take final agency action
159	without action by the board on applications for the uses of
160	sovereignty submerged lands authorized in this section. Final
161	agency actions taken by the department, a district, or the
162	Department of Agriculture and Consumer Services, without action
163	by the board, for applications to use sovereignty submerged
164	lands are subject to the provisions of s. 373.4275.
165	(7)  Notwithstanding any other provisions of this section,
166	the board, the department, and the Department of Legal Affairs
167	retain the concurrent authority to assert or defend title to
168	sovereignty submerged lands.
169	Section 2.  Paragraph (a) of subsection (13) of section
170	253.025, Florida Statutes, is amended to read:
171	253.025  Acquisition of state lands for purposes other than
172	preservation, conservation, and recreation.--
173	(13)(a)  The Board of Trustees of the Internal Improvement
174	Trust Fund may deed property to the Department of Agriculture
175	and Consumer Services, so that the department shall be able to
176	sell, convey, transfer, exchange, trade, or purchase land on
177	which a forestry facility resides for money or other more
178	suitable property on which to relocate the facility. Any sale or
179	purchase of property by the Department of Agriculture and
180	Consumer Services shall follow the requirements of subsections
181	(5)-(9). Any sale shall be at fair market value, and any trade
182	shall ensure that the state is getting at least an equal value
183	for the property. Except as provided in subsections (5)-(9), the
184	Department of Agriculture and Consumer Services is excluded from
185	following the provisions of this chapter and chapters 259 and
186	375. This exclusion shall not apply to lands acquired for
187	conservation purposes in accordance with s. 253.034(6)(d)1. and
188	2(a) or (b).
189	Section 3.  Paragraphs (a) and (b) of subsection (8) of
190	section 253.03, Florida Statutes, are amended to read:
191	253.03  Board of trustees to administer state lands; lands
192	enumerated.--
193	(8)(a)  The Board of Trustees of the Internal Improvement
194	Trust Fund shall prepare, using tax roll data provided by the
195	Department of Revenue, an annual inventory of all publicly owned
196	lands within the state. Such inventory must shall include all
197	lands owned by any unit of state government or local government;
198	by the Federal Government, to the greatest extent possible; and
199	by any other public entity. The inventory also must include a
200	summary of all surplus lands sold by the state and all lands
201	exchanged by the state and must indicate whether the lands sold
202	or exchanged were acquired or managed for conservation purposes
203	or were nonconservation lands. The board shall submit a summary
204	report of the inventory and a list of major discrepancies
205	between the inventory and the tax roll data to the President of
206	the Senate and the Speaker of the House of Representatives on or
207	before March 1 of each year.
208	(b)  In addition to any other parcel data available, the
209	inventory shall include a legal description or proper reference
210	thereto, the number of acres or square feet within the
211	boundaries, and the assessed value of all publicly owned
212	uplands. To the greatest extent practicable, the legal
213	description or proper reference thereto and the number of acres
214	or square feet shall be determined for all publicly owned
215	submerged lands. For the purposes of this subsection, the term
216	"submerged lands" means publicly owned lands below the ordinary
217	high-water mark of fresh waters and below the mean high-water
218	line of salt waters extending seaward to the outer jurisdiction
219	of the state. By October 31 of each year, the Department of
220	Revenue shall furnish, in machine-readable form, annual, current
221	tax roll data for public lands to the board and to the Division
222	of State Lands to be used in compiling the inventory required in
223	this subsection and the inventory required in s. 253.034(8).
224	Section 4.  Section 253.034, Florida Statutes, is amended
225	to read:
226	253.034  State-owned lands; management; uses; disposal.--
227	(1)(a)  All lands acquired to fulfill the purposes of
228	pursuant to chapter 259 shall be managed to serve the public
229	interest by protecting and conserving land, air, water, and the
230	state's natural resources, which contribute to the public
231	health, welfare, and economy of the state. These lands shall be
232	managed to provide for areas of natural-resource-based natural
233	resource based recreation, and to ensure the survival of plant
234	and animal species and the conservation of finite and renewable
235	natural resources. The state's lands and natural resources shall
236	be managed using a stewardship ethic that assures these
237	resources will be available for the benefit and enjoyment of all
238	people of the state, both present and future. It is the intent
239	of the Legislature that, where feasible and consistent with the
240	goals of protection and conservation of natural resources
241	associated with lands held in the public trust by the Board of
242	Trustees of the Internal Improvement Trust Fund, public land not
243	designated for single-use purposes pursuant to paragraph (2)(b)
244	be managed for multiple-use purposes. All multiple-use land
245	management strategies shall address public access and enjoyment,
246	resource conservation and protection, ecosystem maintenance and
247	protection, and protection of threatened and endangered species,
248	and the degree to which public-private partnerships or
249	endowments may allow the entity with management responsibility
250	to enhance its ability to manage these lands. The council
251	created in s. 259.035 shall recommend rules to the board of
252	trustees, and the board shall adopt rules necessary to carry out
253	the purposes of this section.
254	(b)  Where necessary and appropriate for all state-owned
255	lands located in projects that are larger than 1,000 acres and
256	that are managed for multiple uses, buffers may be formed around
257	any areas requiring special protection or having special
258	management needs. The total acreage used to form any such
259	buffers may not exceed more than one-half of the total acreage
260	of the entire project. Multiple uses within a buffer area may be
261	restricted to provide the necessary buffering effect desired.
262	Multiple use in this context includes uses of land or resources
263	by more than one management entity, including private-sector
264	land managers. Lands identified as multiple-use lands in a land
265	management plan shall be managed to enhance and conserve the
266	lands and resources for the enjoyment of the people of the
267	state.
268	(c)  All submerged lands shall be considered single-use
269	lands and shall be managed primarily for the maintenance of
270	essentially natural conditions, the propagation of fish and
271	wildlife, and public recreation, including hunting and fishing
272	where deemed appropriate by the managing entity.
273	(d)  Lands acquired for uses other than conservation,
274	outdoor resource-based recreation, or archaeological or historic
275	preservation may not be designated conservation lands except as
276	otherwise authorized under this section. These lands include,
277	but are not limited to, correction and detention facilities,
278	military installations and facilities, state office buildings,
279	maintenance yards, state university or state community college
280	campuses, agricultural field stations or offices, tower sites,
281	law enforcement and license facilities, laboratories, hospitals,
282	clinics, and other sites that possess no significant natural or
283	historical resources.
284	(e)  Lands acquired by the state as a gift, through
285	donation, or by any other conveyance for which no consideration
286	was paid, and that are not managed for conservation, outdoor
287	resource-based recreation, or archaeological or historic
288	preservation under a land management plan approved by the board
289	of trustees are not conservation lands.
290	(2)  As used in this section, the term the following
291	phrases have the following meanings:
292	(a)  "Multiple use" means the harmonious and coordinated
293	management of timber, recreation, conservation of fish and
294	wildlife, forage, archaeological and historic sites, habitat and
295	other biological resources, or water resources so that they are
296	utilized in the combination that will best serve the people of
297	the state, making the most judicious use of the land for some or
298	all of these resources and giving consideration to the relative
299	values of the various resources. Where necessary and appropriate
300	for all state-owned lands that are larger than 1,000 acres in
301	project size and are managed for multiple uses, buffers may be
302	formed around any areas that require special protection or have
303	special management needs. Such buffers shall not exceed more
304	than one-half of the total acreage. Multiple uses within a
305	buffer area may be restricted to provide the necessary buffering
306	effect desired. Multiple use in this context includes both uses
307	of land or resources by more than one management entity, which
308	may include private sector land managers. In any case, lands
309	identified as multiple-use lands in the land management plan
310	shall be managed to enhance and conserve the lands and resources
311	for the enjoyment of the people of the state.
312	(b)  "Single use" means the management of land for one
313	particular purpose to the exclusion of all other purposes,
314	except that the managing using entity shall have the option of
315	including in its management program compatible secondary
316	purposes that which will not detract from or interfere with the
317	primary management purpose. The term includes Such single uses
318	may include, but is are not limited necessarily restricted to,
319	the use of agricultural lands for production of food and
320	livestock, the use of improved sites and grounds for
321	institutional purposes, and the use of lands for parks,
322	preserves, wildlife management, archaeological or historic
323	sites, or wilderness areas where the maintenance of essentially
324	natural conditions is important. All submerged lands shall be
325	considered single-use lands and shall be managed primarily for
326	the maintenance of essentially natural conditions, the
327	propagation of fish and wildlife, and public recreation,
328	including hunting and fishing where deemed appropriate by the
329	managing entity.
330	(c)  "Conservation lands" means lands that are currently
331	managed for conservation, outdoor resource-based recreation, or
332	archaeological or historic preservation, except those lands that
333	were acquired solely to facilitate the acquisition of other
334	conservation lands. Lands acquired for uses other than
335	conservation, outdoor resource-based recreation, or
336	archaeological or historic preservation shall not be designated
337	conservation lands except as otherwise authorized under this
338	section. These lands shall include, but not be limited to, the
339	following: correction and detention facilities, military
340	installations and facilities, state office buildings,
341	maintenance yards, state university or state community college
342	campuses, agricultural field stations or offices, tower sites,
343	law enforcement and license facilities, laboratories, hospitals,
344	clinics, and other sites that possess no significant natural or
345	historical resources. However, lands acquired solely to
346	facilitate the acquisition of other conservation lands, and for
347	which the land management plan has not yet been completed or
348	updated, may be evaluated by the Board of Trustees of the
349	Internal Improvement Trust Fund on a case-by-case basis to
350	determine if they will be designated conservation lands.
351	(d)  "Council" means the Acquisition and Restoration
352	Council created in s. 259.035.
353	(e)  "Division" means the Division of State Lands within
354	the Department of Environmental Protection.
355
356	Lands acquired by the state as a gift, through donation, or by
357	any other conveyance for which no consideration was paid, and
358	which are not managed for conservation, outdoor resource-based
359	recreation, or archaeological or historic preservation under a
360	land management plan approved by the board of trustees are not
361	conservation lands.
362	(3)  In recognition that recreational trails purchased with
363	rails-to-trails funds of the greenways and trails program
364	pursuant to s. 259.101(3)(g) or s. 259.105(3)(h) have had
365	historic transportation uses and that their linear character may
366	extend many miles, transportation crossings shall be allowed on
367	recreational trails purchased pursuant to s. 259.101(3)(g) or s.
368	259.105(3)(h). Where these crossings are determined to be
369	necessary, the location and design must balance the need to
370	protect trails users from collisions with automobiles and, to
371	the greatest extent possible, the use of overpasses and
372	underpasses should be considered in order to mitigate the
373	effects on humans and environmental resources. The value of the
374	land shall be paid and based on fair market value the
375	Legislature intends that when the necessity arises to serve
376	public needs, after balancing the need to protect trail users
377	from collisions with automobiles and a preference for the use of
378	overpasses and underpasses to the greatest extent feasible and
379	practical, transportation uses shall be allowed to cross
380	recreational trails purchased pursuant to s. 259.101(3)(g) or s.
381	259.105(3)(h). When these crossings are needed, the location and
382	design should consider and mitigate the impact on humans and
383	environmental resources, and the value of the land shall be paid
384	based on fair market value.
385	(4)(a)  No management agreement, lease, or other instrument
386	authorizing the use of lands owned by the Board of Trustees of
387	the Internal Improvement Trust Fund shall be executed for a
388	period greater than is necessary to provide for the reasonable
389	use of the land for the existing or planned life cycle or
390	amortization of the improvements, except that an easement in
391	perpetuity may be granted by the Board of Trustees of the
392	Internal Improvement Trust Fund if the improvement is a
393	transportation facility.
394	(b)  All management agreements, leases, or other
395	instruments authorizing the use of lands, the title to which is
396	vested in the board, shall be reviewed for approval by the board
397	or its designee.
398	(c)  An entity managing or leasing state-owned lands from
399	the board, other than conservation lands, may not sublease such
400	lands without prior review by the division. and, for
401	conservation lands, by The Acquisition and Restoration Council
402	created in s. 259.035 must review all requests to sublease
403	state-owned conservation lands, except for subleases of
404	conservation lands less than 160 acres in size. All management
405	agreements, leases, or other instruments authorizing the use of
406	lands owned by the board shall be reviewed for approval by the
407	board or its designee. The council is not required to review
408	subleases of parcels which are less than 160 acres in size.
409	(5)(a)  Each lead manager of conservation lands shall
410	submit to the Division of State Lands a land management plan at
411	least every 10 years in a form and manner prescribed by rule by
412	the board and in accordance with the provisions of s. 259.032.
413	Each lead manager of conservation lands shall also update a land
414	management plan whenever the manager proposes to add new
415	facilities or make substantive land use or management changes
416	that were not addressed in the approved plan, or within 1 year
417	after of the addition of significant new lands.
418	(b)  Each manager of nonconservation lands shall submit to
419	the Division of State Lands a land use plan at least every 10
420	years in a form and manner prescribed by rule by the board. The
421	division shall review each plan for compliance with the
422	requirements of this section subsection and the requirements of
423	the rules established by the board pursuant to this paragraph
424	section.
425	(c)  All land management use plans, whether for single-use
426	or multiple-use properties, shall include an analysis of the
427	property to determine if any significant natural or cultural
428	resources are located on the property. Such resources include
429	archaeological and historic sites, state and federally listed
430	plant and animal species, and imperiled natural communities and
431	unique natural features. If such resources occur on the
432	property, the lead manager shall consult with the Division of
433	State Lands and other appropriate agencies to develop management
434	strategies to protect such resources. Land management use plans
435	shall also provide for the control of invasive nonnative plants
436	and conservation of soil and water resources, including a
437	description of how the lead manager plans to control and prevent
438	soil erosion and soil or water contamination. Land management
439	use plans submitted by a lead manager shall include reference to
440	appropriate statutory authority for such use or uses and shall
441	conform to the appropriate policies and guidelines of the state
442	land management plan. If a newly acquired property has a valid
443	conservation plan developed by a soil and conservation district,
444	the conservation plan shall be used to guide management of the
445	property until a formal land management plan is adopted.
446	(d)  Management plans for managed areas larger than 1,000
447	acres must shall contain an analysis of the multiple-use
448	potential of the property, including an analysis of which
449	analysis shall include the potential of the property to generate
450	revenues to enhance the management of the property.
451	Additionally, the plan must shall contain an analysis of the
452	potential use of private land managers to facilitate the
453	restoration or management of these lands. In those cases where a
454	newly acquired property has a valid conservation plan that was
455	developed by a soil and conservation district, such plan shall
456	be used to guide management of the property until a formal land
457	use plan is completed.
458	(e)(a)  The Division of State Lands shall make available to
459	the public a copy of each land management plan for property
460	parcels that exceeds exceed 160 acres in size.
461	(f)  The Acquisition and Restoration Council shall review
462	each plan for the management of conservation lands for
463	compliance with the requirements of this section subsection, the
464	requirements of chapter 259, and the requirements of the rules
465	established by the board pursuant to this section. The council
466	shall also consider the propriety of the recommendations of the
467	managing entity with regard to the future use of the property,
468	the protection of fragile or nonrenewable resources, the
469	potential for alternative or multiple uses not recognized by the
470	managing entity, and the possibility of disposal of the property
471	or portions of the property by the board. After its review, the
472	council shall submit the plan, along with its recommendations
473	and comments, to the board. The council shall specifically
474	recommend whether to the board should whether to approve the
475	plan as submitted, approve the plan with modifications, or
476	reject the plan.
477	(g)(b)  The Board of Trustees of the Internal Improvement
478	Trust Fund shall consider the land management plan submitted by
479	each entity and the recommendations of the council and the
480	Division of State Lands for conservation lands, and the
481	recommendations of the division for nonconservation lands, and
482	shall approve the plan with or without modification or reject
483	such plan. The use or possession of any state-owned such lands
484	that is not in accordance with an approved land management plan
485	is subject to termination by the board.
486	(6)  The Board of Trustees of the Internal Improvement
487	Trust Fund shall determine which lands, the title to which is
488	vested in the board, are eligible for sale or exchange. Any
489	lands that are determined to be eligible for sale shall be
490	designated by the board as surplus lands. Any lands that are
491	determined to be eligible for exchange shall be exchanged for
492	lands of equal or higher monetary value or, in the case of
493	conservation lands, a net positive conservation benefit and may
494	not be designated as surplus lands.
495	(a)  For the sale of conservation lands as defined in this
496	section, the board shall determine that the lands are no longer
497	needed for the conservation purposes for which they were
498	acquired. Lands designated by the board as no longer being
499	needed for conservation purposes shall be reclassified as
500	nonconservation lands and shall be declared to be surplus lands
501	that may be sold by an affirmative vote of three members of the
502	board.
503	(b)  For the sale of all other lands, the board shall make
504	a determination that the lands are no longer needed for the
505	purposes for which they were being used and are surplus lands
506	that may be sold by an affirmative vote of three members of the
507	board.
508	(c)  In all instances where lands are being exchanged
509	instead of sold, the board must determine by an affirmative vote
510	of three members that the lands are no longer needed for the
511	purposes for which they are being used or were acquired. In
512	cases where conservation lands are exchanged, the exchange must
513	result in a net positive conservation benefit may be surplused.
514	For conservation lands, the board shall make a determination
515	that the lands are no longer needed for conservation purposes
516	and may dispose of them by an affirmative vote of at least three
517	members. In the case of a land exchange involving the
518	disposition of conservation lands, the board must determine by
519	an affirmative vote of at least three members that the exchange
520	will result in a net positive conservation benefit. For all
521	other lands, the board shall make a determination that the lands
522	are no longer needed and may dispose of them by an affirmative
523	vote of at least three members.
524	(d)1.(a)  For the purposes of this subsection, all lands
525	acquired by the state prior to July 1, 1999, the title to which
526	is vested in the board, that were acquired using proceeds from
527	the Preservation 2000 bonds, the Conservation and Recreation
528	Lands Trust Fund, the Water Management Lands Trust Fund,
529	Environmentally Endangered Lands Program, and the Save Our Coast
530	Program and titled to the board, which lands are identified as
531	core parcels or within original project boundaries, shall be
532	deemed to have been acquired for conservation purposes.
533	2.(b)  For any lands acquired purchased by the state on or
534	after July 1, 1999, the title to which is vested in the board,
535	the board shall determine which lands are acquired for
536	conservation purposes prior to approving the acquisition a
537	determination shall be made by the board prior to acquisition as
538	to those parcels that shall be designated as having been
539	acquired for conservation purposes.
540	3.  No lands acquired for use by the Department of
541	Corrections, the Department of Management Services for use as
542	state offices, the Department of Transportation, except those
543	specifically managed for conservation or recreation purposes, or
544	the State University System or the Florida Community College
545	System shall be designated as having been purchased for
546	conservation purposes.
547	(e)(c)  At least every 10 years, as a component of each
548	land management plan or land use plan and in a form and manner
549	prescribed by rule by the board, each lead manager shall
550	evaluate and indicate to the board those lands that are not
551	being used for the purpose for which they were originally
552	leased.
553	1.  For conservation lands, the council shall review and
554	shall recommend to the board whether such lands should remain be
555	retained in public ownership or be sold or exchanged disposed of
556	by the board.
557	2.  For nonconservation lands, the division shall review
558	such lands and shall recommend to the board whether such lands
559	should remain be retained in public ownership or be sold or
560	exchanged disposed of by the board. Such lands are presumed to
561	be surplus lands to be sold or exchanged by the board, pursuant
562	to the provisions of subparagraph (f)2.
563	(f)1.(d)  Conservation lands owned by the board which are
564	not actively managed by any state agency or for which a land
565	management plan has not been completed pursuant to subsection
566	(5) shall be reviewed by the council or its successor for its
567	recommendation as to whether such lands should be sold or
568	exchanged disposed of by the board.
569	2.  Nonconservation lands owned by the board that are not
570	actively managed by any state agency or for which a land use
571	plan has not been completed pursuant to subsection (5) are
572	presumed to be surplus lands to be sold or exchanged by the
573	board. The division shall recommend each of these lands for sale
574	or exchange by the board, unless the division justifies, in
575	writing, the decision not to make such a recommendation or
576	unless an agency amends its land use plan to include the land.
577	(g)1.(e)  Prior to any decision by the board to sell or
578	exchange conservation surplus lands, the Acquisition and
579	Restoration Council shall review and make recommendations to the
580	board concerning the request for sale or exchange surplusing.
581	The council shall determine whether the request for surplusing
582	is compatible with the resource values of and management
583	objectives for such lands.
584	2.  Prior to any decision by the board to sell or exchange
585	nonconservation lands, the division shall determine whether the
586	request is compatible with the management objectives for such
587	lands.
588	(h)1.  In reviewing conservation lands, the title to which
589	is vested in the board, the council must consider whether the
590	lands are more appropriately owned or managed by the county or
591	other unit of local government in which the lands are located.
592	The council must recommend to the board whether the sale or
593	exchange of the lands is in the best interest of the state and
594	the county or other unit of local government for use as a public
595	school, public library, fire or law enforcement substation, or
596	government, judicial, or recreation center; as part of an
597	affordable housing project or program; or to comply with the
598	capital improvement elements or a concurrency requirement of a
599	local comprehensive land use plan as required in s. 163.3177.
600	The lands shall be offered to the county or unit of local
601	government for a period of 30 days.
602	2.  In reviewing nonconservation lands, the title to which
603	is vested in the board, the division must consider whether the
604	lands are more appropriately owned or managed by the county or
605	other unit of local government in which the lands are located,
606	and shall recommend to the board whether the sale or exchange of
607	the lands is in the best interest of the state and the county or
608	other unit of local government. The lands shall be offered to
609	the county or unit of local government for a period of 30 days.
610	Local government uses of lands conveyed under the provisions of
611	this subparagraph may not be limited by the board.
612	3.  If a county or other unit of local government does not
613	elect to acquire lands under the provisions of this paragraph,
614	the board may determine that the sale, lease, exchange, or
615	conveyance of the lands to other governmental agencies is in the
616	public interest and represents the best use of the lands.
617	4.  Lands for which a county, other unit of local
618	government, or other governmental agency has expressed no
619	interest shall be available for sale or exchange on the private
620	market.
621	(f)1.  In reviewing lands owned by the board, the council
622	shall consider whether such lands would be more appropriately
623	owned or managed by the county or other unit of local government
624	in which the land is located. The council shall recommend to the
625	board whether a sale, lease, or other conveyance to a local
626	government would be in the best interests of the state and local
627	government. The provisions of this paragraph in no way limit the
628	provisions of ss. 253.111 and 253.115. Such lands shall be
629	offered to the state, county, or local government for a period
630	of 30 days. Permittable uses for such surplus lands may include
631	public schools; public libraries; fire or law enforcement
632	substations; and governmental, judicial, or recreational
633	centers. County or local government requests for surplus lands
634	shall be expedited throughout the surplusing process. If the
635	county or local government does not elect to purchase such lands
636	in accordance with s. 253.111, then any surplusing determination
637	involving other governmental agencies shall be made upon the
638	board deciding the best public use of the lands. Surplus
639	properties in which governmental agencies have expressed no
640	interest shall then be available for sale on the private market.
641	2.  Notwithstanding subparagraph 1., any surplus lands that
642	were acquired by the state prior to 1958 by a gift or other
643	conveyance for no consideration from a municipality, and which
644	the department has filed by July 1, 2006, a notice of its intent
645	to surplus, shall be first offered for reconveyance to such
646	municipality at no cost, but for the fair market value of any
647	building or other improvements to the land, unless otherwise
648	provided in a deed restriction of record. This subparagraph
649	expires July 1, 2006.
650	(i)(g)  The sales sale price of surplus lands determined to
651	be surplus pursuant to this subsection shall be determined by
652	the division and shall take into consideration an appraisal of
653	the property, or, when the estimated value of the land is less
654	than $100,000, a comparable sales analysis or a broker's opinion
655	of value, and the price paid by the state to originally acquire
656	the lands.
657	1.a.  A written valuation of surplus land being sold
658	determined to be surplus pursuant to this subsection, and
659	related documents used to form the valuation or which pertain to
660	the valuation, are confidential and exempt from s. 119.07(1) and
661	s. 24(a), Art. I of the State Constitution until 2 weeks before
662	the contract or agreement regarding the purchase, exchange, or
663	disposal of the surplus land is first considered for approval by
664	the board. Notwithstanding the exemption provided under this
665	subparagraph, the division may disclose appraisals, valuations,
666	or valuation information regarding surplus land during
667	negotiations for the sale or exchange of the land, during the
668	marketing effort or bidding process associated with the sale,
669	disposal, or exchange of the land to facilitate closure of such
670	effort or process, when the passage of time has made the
671	conclusions of value invalid, or when negotiations or marketing
672	efforts concerning the land are concluded.
673	2.b.  This subparagraph is subject to the Open Government
674	Sunset Review Act of 1995 in accordance with s. 119.15, and
675	shall stand repealed on October 2, 2009, unless reviewed and
676	saved from repeal through reenactment by the Legislature.
677	3.2.  A unit of government that acquires title to lands
678	hereunder for less than appraised value may not sell or transfer
679	title to all or any portion of the lands to any private owner
680	for a period of 10 years. Any unit of government seeking to
681	transfer or sell lands pursuant to this paragraph shall first
682	allow the board of trustees to reacquire such lands for the
683	price at which the board sold such lands.
684	(j)(h)  Where land designated by the board to be surplus
685	land was a unit of government acquired land by gift, donation,
686	grant, quitclaim deed, or other such conveyance where no
687	monetary consideration was exchanged, the purchase price of the
688	land sold as surplus may be based on one appraisal. If In the
689	event that a single appraisal yields a value equal to or greater
690	than $1 million, a second appraisal is required. The individual
691	or entity requesting the surplus land shall select and use
692	appraisers from the list of approved appraisers maintained by
693	the Division of State Lands in accordance with s. 253.025(6)(b)
694	and shall. The individual or entity requesting the surplus is to
695	incur all costs of the appraisals.
696	(k)(i)  After reviewing the recommendations of the council,
697	the board shall determine whether lands identified for surplus
698	are to be held for other public purposes or whether such lands
699	are no longer needed. The board may require an agency to release
700	its interest in land designated by the board to be surplus land
701	such lands. For an agency that has requested the use of land a
702	property that was designated to be declared as surplus, the said
703	agency must have the land property under lease within 6 months
704	after of the date of expiration of the notice provisions
705	required under this subsection and s. 253.111.
706	(l)1.  Requests for the sale or exchange of lands may be
707	made by any public or private person and must be submitted in
708	writing to the lead managing agency for review. The lead
709	managing agency shall have 90 days to review the requests and
710	make recommendations concerning the sale or exchange to the
711	council or its successor for the sale or exchange of
712	conservation lands or to the division for the sale or exchange
713	of lands other than conservation lands as defined in this
714	section.
715	2.  A request for the sale or exchange of lands that has
716	not been reviewed by the lead managing agency shall be forwarded
717	to the division for lands other than conservation lands or to
718	the council or its successor for conservation lands. A request
719	for the sale or exchange of lands other than conservation lands
720	shall be scheduled immediately for review by the division, but
721	must be reviewed not later than 15 days after receipt of the
722	request by the division.
723	3.  If the lead managing agency, the council or its
724	successor, or the division recommends that the board deny a
725	request for the sale or exchange of lands, the denial must be in
726	writing and include the reason for the denial.
727	4.  Records documenting all requests for the sale or
728	exchange of lands, the title to which is vested in the board,
729	and approvals or denials of those requests shall be kept by the
730	Division of State Lands. Denial of a request for the sale or
731	exchange of state-owned lands must be submitted to the
732	requesting entity in writing and must specifically provide the
733	reason for denial. Copies of requests for the sale or exchange
734	of lands shall be forwarded to the division unless the lead
735	managing agency forwards the original written request to the
736	division when submitting a recommendation concerning the sale or
737	exchange of lands.
738	5.  Lands approved for sale under the provisions of this
739	paragraph are not required to be offered to local or state
740	governments as provided in paragraph (h).
741	(j)  Requests for surplusing may be made by any public or
742	private entity or person. All requests shall be submitted to the
743	lead managing agency for review and recommendation to the
744	council or its successor. Lead managing agencies shall have 90
745	days to review such requests and make recommendations. Any
746	surplusing requests that have not been acted upon within the 90-
747	day time period shall be immediately scheduled for hearing at
748	the next regularly scheduled meeting of the council or its
749	successor. Requests for surplusing pursuant to this paragraph
750	shall not be required to be offered to local or state
751	governments as provided in paragraph (f).
752	(m)(k)  Proceeds from any sale of surplus lands pursuant to
753	this subsection shall be deposited into the fund from which such
754	lands were acquired. However, if the fund from which the lands
755	were originally acquired no longer exists, such proceeds shall
756	be deposited into an appropriate account to be used for land
757	management by the lead managing agency assigned to manage the
758	lands prior to the lands being designated as declared surplus
759	lands. Funds received from the sale of surplus nonconservation
760	lands, or lands that were acquired by gift, by donation, or for
761	no consideration, shall be deposited into the Internal
762	Improvement Trust Fund.
763	(n)(l)  Notwithstanding the provisions of this subsection,
764	no such disposition of land shall be made if such disposition
765	would have the effect of causing all or any portion of the
766	interest on any revenue bonds issued to acquire lands to lose
767	the exclusion from gross income for federal income tax purposes.
768	(o)(m)  The sale of filled, formerly submerged land that
769	does not exceed 5 acres in area is not subject to review by the
770	division council or its successor.
771	(p)(n)  The board may adopt rules to implement the
772	provisions of this section, which may include procedures for
773	administering surplus land requests for the sale or exchange of
774	lands and criteria for when the division may approve requests on
775	behalf of the board for the sale or exchange of nonconservation
776	lands to surplus nonconservation lands on behalf of the board.
777	(7)  This section shall not be construed so as to affect:
778	(a)  Other provisions of this chapter relating to oil, gas,
779	or mineral resources.
780	(b)  The exclusive use of state-owned land, the title to
781	which is vested in the board, that is subject to a lease by the
782	Board of Trustees of the Internal Improvement Trust Fund of the
783	state-owned land for private uses and purposes.
784	(c)  Sovereignty lands not leased for private uses and
785	purposes.
786	(8)(a)  Notwithstanding other provisions of this section,
787	the Division of State Lands is directed to prepare a state
788	inventory of all federal lands and all lands titled in the name
789	of the state, a state agency, a water management district, or a
790	local government on a county-by-county basis. To facilitate the
791	development of the state inventory, each county shall direct the
792	appropriate county office with authority over the information to
793	provide the division with a county inventory of all lands
794	identified as federal lands and lands titled in the name of the
795	state, a state agency, a water management district, or a local
796	government. At the request of the division, any state agency
797	collecting information from the counties that will assist the
798	division in completing the state inventory shall provide the
799	information to the division. The state inventory shall be
800	completed by October 1, 2006.
801	(b)  The state inventory must distinguish between lands
802	purchased by the state or a water management district as part of
803	a core parcel or within original project boundaries, as those
804	terms are used to meet the surplus requirements of subsection
805	(6) for the sale or exchange of lands, and lands purchased by
806	the state, a state agency, or a water management district which
807	are not essential or necessary for conservation purposes.
808	(c)  In any county having a population of 75,000 or less,
809	or a county having a population of 100,000 or less that is
810	contiguous to a county having a population of 75,000 or less, in
811	which more than 50 percent of the lands within the county
812	boundary are federal lands and lands titled in the name of the
813	state, a state agency, a water management district, or a local
814	government, those lands titled in the name of the state or a
815	state agency which are not essential or necessary to meet
816	conservation purposes may, upon request of a public or private
817	entity, be made available for purchase through the state's
818	surplusing process created in subsection (6). Rights-of-way for
819	existing, proposed, or anticipated transportation facilities are
820	exempt from the requirements of this paragraph. Priority
821	consideration shall be given to buyers, public or private,
822	willing to return the property to productive use so long as the
823	property can be reentered onto the county ad valorem tax roll.
824	Property acquired with matching funds from a local government
825	shall not be made available for purchase without the consent of
826	the local government.
827	(9)  Land management plans required to be submitted by the
828	Department of Corrections, the Department of Juvenile Justice,
829	the Department of Children and Family Services, or the
830	Department of Education are not subject to the provisions for
831	review by the division or the council or its successor described
832	in subsection (5). Management plans filed by these agencies
833	shall be made available to the public for a period of 90 days at
834	the administrative offices of the parcel or project affected by
835	the management plan and at the Tallahassee offices of each
836	agency. Any plans not objected to during the public comment
837	period shall be deemed approved. Any plans for which an
838	objection is filed shall be submitted to the Board of Trustees
839	of the Internal Improvement Trust Fund for consideration. The
840	Board of Trustees of the Internal Improvement Trust Fund shall
841	approve the plan with or without modification, or reject the
842	plan. The use or possession of any such lands which is not in
843	accordance with an approved land management plan is subject to
844	termination by the board.
845	(10)  In addition to the uses for which conservation lands
846	are being managed pursuant to subsection (1) and chapter 259,
847	the following additional uses of conservation lands acquired
848	pursuant to the Florida Forever program and other state-funded
849	conservation land acquisition purchase programs shall be
850	authorized, upon a finding by the board of trustees, if they
851	meet the criteria specified in paragraphs (a)-(e): water
852	resource development projects, water supply development
853	projects, stormwater management projects, linear facilities, and
854	sustainable agriculture and forestry. Such additional uses are
855	authorized where:
856	(a)  The proposed use is not inconsistent with the
857	management plan for such lands.;
858	(b)  The proposed use is compatible with the natural
859	ecosystem and resource values of such lands.;
860	(c)  The proposed use is appropriately located on such
861	lands and where due consideration has been is given to the use
862	of other available lands.;
863	(d)  The using entity reasonably compensates the board of
864	trustees titleholder for such use based upon an appropriate
865	measure of value.; and
866	(e)  The use is consistent with the public interest.
867
868	A decision by the board of trustees pursuant to this section
869	shall be given a presumption of correctness. Moneys received
870	from the use of state lands pursuant to this section shall be
871	returned to the lead managing entity in accordance with the
872	provisions of s. 259.032(11)(d).
873	(11)  Lands listed as projects for acquisition shall may be
874	managed to maintain or enhance those resources the state is
875	seeking to protect by acquiring the land for conservation
876	pursuant to s. 259.032, on an interim basis by a private party
877	in anticipation of a state purchase and in accordance with a
878	contractual arrangement between the acquiring agency and the
879	private party, which that may include management service
880	contracts, leases, cost-share arrangements, or resource
881	conservation agreements. Lands designated as eligible under this
882	subsection shall be managed to maintain or enhance the resources
883	the state is seeking to protect by acquiring the land. Funding
884	for these contractual arrangements may originate from the
885	documentary stamp tax revenue deposited into the Conservation
886	and Recreation Lands Trust Fund and Water Management Lands Trust
887	Fund. No more than 5 percent of funds allocated under the trust
888	funds shall be expended for this purpose.
889	(12)  Any lands available to governmental employees,
890	including water management district employees, for hunting or
891	other recreational purposes shall also be made available to the
892	general public for such purposes, subject to the constitutional
893	authority of the Fish and Wildlife Conservation Commission to
894	regulate hunting and fishing on state and water management
895	district lands.
896	(13)  Notwithstanding the provisions of this section, funds
897	from the sale of property by the Department of Highway Safety
898	and Motor Vehicles located in Palm Beach County are authorized
899	to be deposited into the Highway Safety Operating Trust Fund to
900	facilitate the exchange as provided in the General
901	Appropriations Act, provided that at the conclusion of both
902	exchanges the values are equalized. This subsection expires July
903	1, 2006.
904	Section 5.  Section 253.0341, Florida Statutes, is amended
905	to read:
906	253.0341  Sale or exchange Surplus of state-owned lands to
907	counties or units of local government governments.--Counties and
908	units of local government governments may submit written
909	surplusing requests for the sale or exchange of state-owned
910	lands directly to the board of trustees. A written request from
911	a county or unit of local government requests for the state to
912	sell or exchange state lands surplus conservation or
913	nonconservation lands, whether for purchase or exchange, shall
914	be expedited throughout the surplusing process. Property jointly
915	acquired by the state and other entities may shall not be sold
916	or exchanged surplused without the consent of all joint owners.
917	(1)  The decision to sell or exchange state surplus state-
918	owned nonconservation lands may be made by the board without a
919	review of, or a recommendation on, the request from the
920	Acquisition and Restoration Council or the Division of State
921	Lands. Such Requests for the nonconservation lands shall be
922	considered by the board within 60 days after of the board's
923	receipt of the written request.
924	(2)  A written request by a county or unit of local
925	government requests for the sale or exchange of state surplusing
926	of state-owned conservation lands is are subject to review of,
927	and recommendation on, the request to the board by the
928	Acquisition and Restoration Council. Requests to sell or
929	exchange surplus conservation lands shall be considered by the
930	board within 120 days after of the board's receipt of the
931	request.
932	(3)  The provisions of this section do not apply to
933	property offered for sale or exchange by the state to a county
934	or unit of local government under s. 253.034(6).
935	Section 6.  Section 253.42, Florida Statutes, is amended to
936	read:
937	253.42  Board of trustees may exchange lands.--The
938	provisions of this section apply to all lands owned by, vested
939	in, or titled in the name of the board whether the lands were
940	purchased acquired by the state as a purchase, or acquired
941	through gift, donation, or any other conveyance for which no
942	consideration was paid.
943	(1)  Subject to the provisions of ss. 253.034 and 253.0341,
944	the board of trustees may exchange any lands owned by, vested
945	in, or titled in the name of the board for other lands in the
946	state owned by counties, other units of local government
947	governments, individuals, or private or public corporations, and
948	may fix the terms and conditions of any such exchange. Any
949	nonconservation lands that were acquired by the state through
950	gift, donation, or any other conveyance for which no
951	consideration was paid must first be offered in exchange at no
952	cost to a county or unit of local government unless otherwise
953	provided in a deed restriction of record or other legal
954	impediment, and so long as the use proposed by the county or
955	unit of local government is for a public purpose. For
956	conservation lands acquired by the state through gift, donation,
957	or any other conveyance for which no consideration was paid, the
958	state may request land of equal conservation value from the
959	county or unit of local government but no other consideration.
960	(2)  In exchanging state conservation state-owned lands
961	purchased not acquired by the state through gift, donation, or
962	any other conveyance for which no consideration was paid, with
963	counties or units of local government governments, the board
964	shall require an exchange of equal value. Equal value is defined
965	as the conservation benefit of the lands being offered for
966	exchange by a county or unit of local government being equal or
967	greater in conservation benefit than the state-owned lands. Such
968	exchanges may include cash transactions if based on an
969	appropriate measure of value of the state-owned land, but must
970	also include the determination of a net-positive conservation
971	benefit by the Acquisition and Restoration Council as provided
972	in s. 253.034, irrespective of appraised value.
973	(3)  The board shall select and agree upon the state lands
974	to be exchanged, shall agree to and the lands to be conveyed to
975	the state, and shall pay or receive any sum of money deemed
976	necessary by the board for the purpose of equalizing the value
977	of the exchanged property. The board is authorized to make and
978	enter into contracts or agreements for such purpose or purposes.
979	(4)(a)  The public purposes of lands exchanged under the
980	provisions of this section with a county or unit of local
981	government include:
982	1.  Public schools.
983	2.  Public libraries.
984	3.  Fire or law enforcement substations.
985	4.  Governmental, judicial, or recreational centers.
986	5.  Affordable housing projects or programs.
987	6.  The capital improvement elements or the concurrency
988	requirements that are required under a local comprehensive land
989	use plan as provided in s. 163.3177.
990	(b)  The use of lands exchanged under this section by a
991	county or unit of local government may not be limited by rules
992	of the board.
993	Section 7.  This act shall take effect July 1, 2006.

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