Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 542

088992

CHAMBER ACTION

Senate

Comm: RCS

4/3/2008

House

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Paragraph (a) of subsection (1) of section

201.15, Florida Statutes, is amended to read:

201.15 Distribution of taxes collected.--All taxes

collected under this chapter shall be distributed as follows and

shall be subject to the service charge imposed in s. 215.20(1),

except that such service charge shall not be levied against any

portion of taxes pledged to debt service on bonds to the extent

that the amount of the service charge is required to pay any

amounts relating to the bonds:

(1) Sixty-two and sixty-three hundredths percent of the

remaining taxes collected under this chapter shall be used for

the following purposes:

(a) Amounts as shall be necessary to pay the debt service

on, or fund debt service reserve funds, rebate obligations, or

other amounts payable with respect to Preservation 2000 bonds

issued pursuant to s. 375.051 and Florida Forever bonds issued

pursuant to s. 215.618, shall be paid into the State Treasury to

the credit of the Land Acquisition Trust Fund to be used for such

purposes. The amount transferred to the Land Acquisition Trust

Fund shall not exceed $300 million in fiscal year 1999-2000 and

thereafter for Preservation 2000 bonds and bonds issued to refund

Preservation 2000 bonds, and $300 million in fiscal year 2000-

2001 and thereafter for Florida Forever bonds. The annual amount

transferred to the Land Acquisition Trust Fund for Florida

Forever bonds shall not exceed $30 million in the first fiscal

year in which bonds are issued. The limitation on the amount

transferred shall be increased by an additional $30 million in

each subsequent fiscal year, but shall not exceed a total of $300

million in any fiscal year for all bonds issued. It is the intent

of the Legislature that all bonds issued to fund the Florida

Forever Act be retired by December 31, 2040 2030. Except for

bonds issued to refund previously issued bonds, no series of

bonds may be issued pursuant to this paragraph unless such bonds

are approved and the debt service for the remainder of the fiscal

year in which the bonds are issued is specifically appropriated

in the General Appropriations Act. For purposes of refunding

Preservation 2000 bonds, amounts designated within this section

for Preservation 2000 and Florida Forever bonds may be

transferred between the two programs to the extent provided for

in the documents authorizing the issuance of the bonds. The

Preservation 2000 bonds and Florida Forever bonds shall be

equally and ratably secured by moneys distributable to the Land

Acquisition Trust Fund pursuant to this section, except to the

extent specifically provided otherwise by the documents

authorizing the issuance of the bonds. No moneys transferred to

the Land Acquisition Trust Fund pursuant to this paragraph, or

earnings thereon, shall be used or made available to pay debt

service on the Save Our Coast revenue bonds.

Section 2. Subsection (1) of section 215.618, Florida

Statutes, is amended to read:

215.618 Bonds for acquisition and improvement of land,

water areas, and related property interests and resources.--

(1) (a) The issuance of Florida Forever bonds, not to exceed

$5.3 $3 billion, to finance or refinance the cost of acquisition

and improvement of land, water areas, and related property

interests and resources, in urban and rural settings, for the

purposes of restoration, conservation, recreation, water resource

development, or historical preservation, and for capital

improvements to lands and water areas that accomplish

environmental restoration, enhance public access and recreational

enjoyment, promote long-term management goals, and facilitate

water resource development is hereby authorized, subject to the

provisions of s. 259.105 and pursuant to s. 11(e), Art. VII of

the State Constitution. Florida Forever bonds may also be issued

to refund Preservation 2000 bonds issued pursuant to s. 375.051.

The $5.3 $3 billion limitation on the issuance of Florida Forever

bonds does not apply to refunding bonds. The duration of each

series of Florida Forever bonds issued may not exceed 20 annual

maturities. Preservation 2000 bonds and Florida Forever bonds

shall be equally and ratably secured by moneys distributable to

the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a),

except to the extent specifically provided otherwise by the

documents authorizing the issuance of the bonds.

(b) Beginning July 1, 2010, the Legislature shall analyze

the state's debt ratio in relation to projected revenues prior to

the authorization of any bonds for land acquisition.

analysis of potential revenue sources for Florida Forever.

Section 3. Subsection (6) of section 253.025, Florida

Statutes, is amended to read:

253.025 Acquisition of state lands for purposes other than

preservation, conservation, and recreation.--

(6) Prior to negotiations with the parcel owner to purchase

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

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

as follows:

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

appraisal. Two appraisals are required when the estimated value

of the parcel exceeds $1 million. When a parcel is estimated to

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

State Lands finds that the cost of an outside appraisal is not

justified, a comparable sales analysis or other reasonably

prudent procedures may be used by the division to estimate the

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value of the parcel, provided the public's interest is reasonably

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protected. The state is not required to appraise the value of

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lands and appurtenances that are being donated to the state.

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

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the acquisition. The board of trustees shall approve qualified

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fee appraisal organizations. All appraisals used for the

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acquisition of lands pursuant to this section shall be prepared

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by a member of an approved appraisal organization or by a state-

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certified appraiser. The Board of Trustees Division of State

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Lands shall adopt rules for selecting individuals to perform

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appraisals pursuant to this section. Each fee appraiser selected

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to appraise a particular parcel shall, prior to contracting with

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the agency, submit to that agency an affidavit substantiating

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that he or she has no vested or fiduciary interest in such

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parcel.

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criteria, techniques, and methods to be used in the preparation

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of appraisal reports. Such rules shall incorporate, to the extent

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practicable, generally accepted appraisal standards. Any

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appraisal issued for acquisition of lands pursuant to this

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section must comply with the rules adopted by the board of

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trustees. A certified survey must be made which meets the minimum

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requirements for upland parcels established in the Minimum

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Technical Standards for Land Surveying in Florida published by

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the Department of Business and Professional Regulation and which

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accurately portrays, to the greatest extent practicable, the

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condition of the parcel as it currently exists. The requirement

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for a certified survey may, in part or in whole, be waived by the

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board of trustees any time prior to submitting the agreement for

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purchase to the Division of State Lands. When an existing

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boundary map and description of a parcel are determined by the

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division to be sufficient for appraisal purposes, the division

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director may temporarily waive the requirement for a survey until

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any time prior to conveyance of title to the parcel. The fee

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appraiser and the review appraiser for the agency shall not act

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in any way that may be construed as negotiating with the property

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owner.

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(d) Appraisal reports are confidential and exempt from the

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provisions of s. 119.07(1), for use by the agency and the board

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of trustees, until an option contract is executed or, if no

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option contract is executed, until 2 weeks before a contract or

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agreement for purchase is considered for approval by the board of

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trustees. However, the Division of State Lands may disclose

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appraisal information to public agencies or nonprofit

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organizations that agree to maintain the confidentiality of the

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reports or information when joint acquisition of property is

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contemplated, or when a public agency or nonprofit organization

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enters into a written agreement with the division to purchase and

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hold property for subsequent resale to the division. In addition,

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the division may use, as its own, appraisals obtained by a public

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agency or nonprofit organization, provided the appraiser is

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selected from the division's list of appraisers and the appraisal

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is reviewed and approved by the division. For the purposes of

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this paragraph, "nonprofit organization" means an organization

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whose purpose is the preservation of natural resources, and which

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is exempt from federal income tax under s. 501(c)(3) of the

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Internal Revenue Code. The agency may release an appraisal report

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

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the report invalid.

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

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submit a copy of such report to the Division of State Lands. The

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division shall review such report for compliance with the rules

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of the board of trustees. With respect to proposed purchases in

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excess of $250,000, this review shall include a general field

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inspection of the subject property by the review appraiser. The

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review appraiser may reject an appraisal report following a desk

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review, but is prohibited from approving an appraisal report in

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excess of $250,000 without a field review. Any questions of

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applicability of laws affecting an appraisal shall be addressed

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by the legal office of the agency.

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(f) The appraisal report shall be accompanied by the sales

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history of the parcel for at least the prior 5 years. Such sales

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history shall include all parties and considerations with the

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amount of consideration verified, if possible. If a sales history

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would not be useful, or its cost prohibitive compared to the

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value of a parcel, the sales history may be waived by the board

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of trustees Secretary of Environmental Protection or the director

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of the Division of State Lands. The board of trustees department

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shall adopt a rule specifying guidelines for waiver of a sales

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history.

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(g) The board of trustees may consider an appraisal

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acquired by a seller, or any part thereof, in negotiating to

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purchase a parcel, but such appraisal may not be used in lieu of

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an appraisal required by this subsection or to determine the

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maximum offer allowed by law.

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Section 4. Section 253.0325, Florida Statutes, is amended

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to read:

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253.0325 Modernization of state lands records.--

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(1) The Department of Environmental Protection shall

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initiate an ongoing computerized information systems program to

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modernize its state lands records and documents that relate to

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all lands that have been acquired by all agencies under the

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Florida Preservation 2000 act pursuant to s. 259.101 or the

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Florida Forever Act pursuant to s. 259.105. All recipients of

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Florida Forever funds shall annually submit its records for lands

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acquired for compilation of state lands records by the department

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which title is vested in the Board of Trustees of the Internal

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Improvement Trust Fund. The program shall include, at a minimum:

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(a) A document management component to automate the storage

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and retrieval of information contained in state lands records.

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(b) A land records management component to organize the

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records by key elements present in the data.

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of resource and environmental data.

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(d) A mapping component to generate and store maps of

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state-owned parcels using data from the land records management

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and evaluation components.

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(2) At all stages of its records modernization program, the

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department shall seek to ensure information systems compatibility

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within the department and with other state, local, and regional

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governmental agencies. The department also shall seek to promote

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standardization in the collection of information regarding state-

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owned lands by federal, state, regional, and local agencies.

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(3) The information collected and stored as a result of the

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department's modernization of state lands records shall not be

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considered a final or complete accounting of lands which the

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state owns or to which the state may claim ownership.

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Section 5. Subsections (5) and (6) are amended and

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subsection (14) is added of section 253.034, Florida Statutes, to

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read:

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253.034 State-owned lands; uses.-

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(5) Each manager of conservation lands shall submit to the

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Division of State Lands a land management plan at least every 10

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years in a form and manner prescribed by rule by the board and in

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accordance with the provisions of s. 259.032. Each manager of

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conservation lands shall also update a land management plan

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whenever the manager proposes to add new facilities or make

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substantive land use or management changes that were not

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addressed in the approved plan, or within 1 year of the addition

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of significant new lands. Each manager of nonconservation lands

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shall submit to the Division of State Lands a land use plan at

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least every 10 years in a form and manner prescribed by rule by

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the board. The division shall review each plan for compliance

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with the requirements of this subsection and the requirements of

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the rules established by the board pursuant to this section. All

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land use plans, whether for single-use or multiple-use

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properties, shall include an analysis of the property to

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determine if any significant natural or cultural resources are

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located on the property. Such resources include archaeological

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and historic sites, state and federally listed plant and animal

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species, and imperiled natural communities and unique natural

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features. If such resources occur on the property, the manager

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shall consult with the Division of State Lands and other

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appropriate agencies to develop management strategies to protect

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such resources. Land use plans shall also provide for the control

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of invasive nonnative plants and conservation of soil and water

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resources, including a description of how the manager plans to

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control and prevent soil erosion and soil or water contamination.

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Land use plans submitted by a manager shall include reference to

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appropriate statutory authority for such use or uses and shall

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conform to the appropriate policies and guidelines of the state

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land management plan. Plans for managed areas larger than 1,000

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acres shall contain an analysis of the multiple-use potential of

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the property, which analysis shall include the potential of the

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property to generate revenues to enhance the management of the

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property. Additionally, the plan shall contain an analysis of the

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potential use of private land managers to facilitate the

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

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newly acquired property has a valid conservation plan that was

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developed by a soil and conservation district, such plan shall be

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used to guide management of the property until a formal land use

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plan is completed.

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(a) State lands shall be managed to ensure the conservation

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of the state's plant and animal species and to assure the

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accessibility of state lands for the benefit and enjoyment of all

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people of the state, both present and future. Each land

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management plan shall provide a desired outcome, and shall

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describe both short-term and long-term management goals and

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include measurable objectives to achieve those goals. Short-term

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goals shall be achievable within a two year planning period and

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long-term goals shall be achievable within a ten year planning

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period. These short-term and long-term management goals shall be

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the basis for all subsequent land management activities .

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(b) Short-term and long-term management goals shall include

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measureable objectives for the following, as appropriate:

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1. Habitat restoration and improvement.

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2. Public access and recreational opportunities.

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3. Hydrological preservation and restoration.

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4. Sustainable forest management.

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5. Exotic and invasive species maintenance and control.

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6. Capital facilities and infrastructure.

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7. Cultural and historical resources.

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following elements:

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1. Physical description of the land.

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2. A quantitative data description of the land that

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includes an inventory of forest and other natural resources;

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exotic and invasive plants; hydrological features;

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infrastructure, including recreational facilities; and other

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significant land, cultural or historical features. The inventory

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shall reflect the number of acres for each resource and feature,

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when appropriate. The inventory shall be of such detail that

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objective measures and benchmarks can be established for each

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tract of land and monitored during the lifetime of the plan. All

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quantitative data collected shall be aggregated, standardized,

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collected and presented in an electronic format to allow for

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uniform management reporting and analysis. The information

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collected by the Department of Environmental Protection pursuant

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to s. 253.0325(2) shall be available to the land manager and

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their assignee.

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3. A detailed description of each short-term and long-term

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land management goals, the associated measureable objectives and

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the related activities that are to be performed to meet the land

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management objectives. Each land management objective must be

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addressed by the land management plan and where practicable no

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land management objective shall be performed to the detriment of

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the other land management objectives.

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4. A schedule of land management activities shall be

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prepared that contains short-term and long-term land management

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goals and the related measureable objective and activities. The

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schedule shall include for each activity a timeline for

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completion, quantitative measures, and detailed expense and

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manpower budgets. The schedule is to provide a management tool

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that facilitates development of performance measures.

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5. A summary budget for the scheduled land management

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activities of the land management plan. The summary budget shall

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be prepared in such a manner that it facilitates computing an

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aggregate of land management costs for all state managed

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lands utilizing the categories described in s. 259.037(3).

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(d)(a) The Division of State Lands shall make available to

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the public a copy of each land management plan for parcels that

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exceed 160 acres in size. The council shall review each plan for

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compliance with the requirements of this subsection, the

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requirements of chapter 259, and the requirements of the rules

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established by the board pursuant to this section. The council

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shall also consider the propriety of the recommendations of the

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managing entity with regard to the future use of the property,

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the protection of fragile or nonrenewable resources, the

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potential for alternative or multiple uses not recognized by the

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managing entity, and the possibility of disposal of the property

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by the board. After its review, the council shall submit the

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plan, along with its recommendations and comments, to the board.

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The council shall specifically recommend to the board whether to

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approve the plan as submitted, approve the plan with

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modifications, or reject the plan.

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(e)(b) The Board of Trustees of the Internal Improvement

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Trust Fund shall consider the land management plan submitted by

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each entity and the recommendations of the council and the

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Division of State Lands and shall approve the plan with or

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without modification or reject such plan. The use or possession

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of any such lands that is not in accordance with an approved land

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management plan is subject to termination by the board.

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

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Fund shall determine which lands, the title to which is vested in

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the board, may be surplused. For conservation lands, the board

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shall make a determination that the lands are no longer needed

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for conservation purposes and may dispose of them by an

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

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exchange involving the disposition of conservation lands, the

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board must determine by an affirmative vote of at least three

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members that the exchange will result in a net positive

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conservation benefit. For all other lands, the board shall make a

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determination that the lands are no longer needed and may dispose

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of them by an affirmative vote of at least three members.

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(a) For the purposes of this subsection, all lands acquired

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by the state prior to July 1, 1999, using proceeds from the

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Preservation 2000 bonds, the Conservation and Recreation Lands

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Trust Fund, the Water Management Lands Trust Fund,

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Environmentally Endangered Lands Program, and the Save Our Coast

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Program and titled to the board, which lands are identified as

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core parcels or within original project boundaries, shall be

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deemed to have been acquired for conservation purposes.

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(b) For any lands purchased by the state on or after July

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1, 1999, a determination shall be made by the board prior to

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acquisition as to those parcels that shall be designated as

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having been acquired for conservation purposes. No lands acquired

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for use by the Department of Corrections, the Department of

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Management Services for use as state offices, the Department of

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Transportation, except those specifically managed for

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conservation or recreation purposes, or the State University

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System or the Florida Community College System shall be

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designated as having been purchased for conservation purposes.

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

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prescribed by rule by the board, each manager shall evaluate and

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indicate to the board those lands that are not being used for the

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purpose for which they were originally leased. For conservation

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lands, the council shall review and shall recommend to the board

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whether such lands should be retained in public ownership or

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

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shall review such lands and shall recommend to the board whether

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such lands should be retained in public ownership or disposed of

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by the board.

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

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by any state agency or for which a land management plan has not

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been completed pursuant to subsection (5) shall be reviewed by

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the council or its successor for its recommendation as to whether

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such lands should be disposed of by the board.

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(e) Prior to any decision by the board to surplus lands,

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the Acquisition and Restoration Council shall review and make

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recommendations to the board concerning the request for

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surplusing. The council shall determine whether the request for

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surplusing is compatible with the resource values of and

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management objectives for such lands.

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

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shall consider whether such lands would be more appropriately

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owned or managed by the county or other unit of local government

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in which the land is located. The council shall recommend to the

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board whether a sale, lease, or other conveyance to a local

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government would be in the best interests of the state and local

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government. The provisions of this paragraph in no way limit the

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provisions of ss. 253.111 and 253.115. Such lands shall be

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offered to the state, county, or local government for a period of

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45 30 days. Permittable uses for such surplus lands may include

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public schools; public libraries; fire or law enforcement

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substations; governmental, judicial, or recreational centers; and

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affordable housing meeting the criteria of s. 420.0004(3). County

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or local government requests for surplus lands shall be expedited

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throughout the surplusing process. If the county or local

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government does not elect to purchase such lands in accordance

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with s. 253.111, then any surplusing determination involving

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other governmental agencies shall be made upon the board deciding

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the best public use of the lands. Surplus properties in which

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governmental agencies have expressed no interest shall then be

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available for sale on the private market.

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2. Notwithstanding subparagraph 1., any parcel of surplus

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lands less than 3 acres in size which was acquired by the state

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before 1955 by gift or other conveyance or for $1 consideration

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from a fair association incorporated under chapter 616 for the

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purpose of conducting and operating public fairs or expositions,

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and concerning which the department has filed by July 1, 2008, a

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notice of intent to dispose of as surplus lands, shall be offered

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for reconveyance to such fair association for no consideration;

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however, the agency that last held the lease from the board for

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management of such lands may remove from the lands any

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improvements, fixtures, goods, wares, and merchandise within 180

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days after the effective date of the reconveyance. This

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subparagraph expires July 1, 2008.

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(g) The sale price of lands determined to be surplus

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pursuant to this subsection and s. 253.82 shall be determined by

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the division and shall take into consideration an appraisal of

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the property, or, when the estimated value of the land is less

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than $100,000, a comparable sales analysis or a broker's opinion

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of value. If the appraisal referenced in this paragraph yields a

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value equal to or greater than $1 million, the division, in its

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sole discretion, may require a second appraisal. The individual

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or entity requesting to purchase the surplus parcel is required

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to pay all appraisal costs, and the price paid by the state to

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originally acquire the lands.

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1.a. A written valuation of land determined to be surplus

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pursuant to this subsection and s. 253.82, and related documents

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used to form the valuation or which pertain to the valuation, are

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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of

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the State Constitution until 2 weeks before the contract or

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agreement regarding the purchase, exchange, or disposal of the

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surplus land is first considered for approval by the board.

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Notwithstanding the exemption provided under this subparagraph,

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the division may disclose appraisals, valuations, or valuation

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information regarding surplus land during negotiations for the

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sale or exchange of the land, during the marketing effort or

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bidding process associated with the sale, disposal, or exchange

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

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

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when negotiations or marketing efforts concerning the land are

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concluded.

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b. This subparagraph is subject to the Open Government

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Sunset Review Act of 1995 in accordance with s. 119.15, and shall

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stand repealed on October 2, 2009, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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2. A unit of government that acquires title to lands

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hereunder for less than appraised value may not sell or transfer

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title to all or any portion of the lands to any private owner for

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a period of 10 years. Any unit of government seeking to transfer

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or sell lands pursuant to this paragraph shall first allow the

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board of trustees to reacquire such lands for the price at which

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the board sold such lands.

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(h) Where a unit of government acquired land by gift,

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

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no monetary consideration was exchanged, the price of land sold

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as surplus may be based on one appraisal. In the event that a

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single appraisal yields a value equal to or greater than $1

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million, a second appraisal is required. The individual or entity

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requesting the surplus shall select and use appraisers from the

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list of approved appraisers maintained by the Division of State

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Lands in accordance with s. 253.025(6)(b). The individual or

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entity requesting the surplus is to incur all costs of the

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appraisals.

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(h)(i) After reviewing the recommendations of the council,

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the board shall determine whether lands identified for surplus

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are to be held for other public purposes or whether such lands

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are no longer needed. The board may require an agency to release

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its interest in such lands. For an agency that has requested the

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use of a property that was to be declared as surplus, said agency

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must have the property under lease within 6 months of the date of

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expiration of the notice provisions required under this

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subsection and s. 253.111.

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(i)(j) Requests for surplusing may be made by any public or

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private entity or person. All requests shall be submitted to the

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lead managing agency for review and recommendation to the council

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or its successor. Lead managing agencies shall have 90 days to

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review such requests and make recommendations. Any surplusing

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

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period shall be immediately scheduled for hearing at the next

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regularly scheduled meeting of the council or its successor.

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Requests for surplusing pursuant to this paragraph shall not be

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required to be offered to local or state governments as provided

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in paragraph (f).

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(j)(k) Proceeds from any sale of surplus lands pursuant to

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this subsection shall be deposited into the fund from which such

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

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were originally acquired no longer exists, such proceeds shall be

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deposited into an appropriate account to be used for land

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management by the lead managing agency assigned the lands prior

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to the lands being declared surplus. Funds received from the sale

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of surplus nonconservation lands, or lands that were acquired by

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gift, by donation, or for no consideration, shall be deposited

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into the Internal Improvement Trust Fund.

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(k)(l) Notwithstanding the provisions of this subsection,

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no such disposition of land shall be made if such disposition

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would have the effect of causing all or any portion of the

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interest on any revenue bonds issued to lose the exclusion from

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gross income for federal income tax purposes.

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(l)(m) The sale of filled, formerly submerged land that

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does not exceed 5 acres in area is not subject to review by the

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council or its successor.

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(m)(n) The board may adopt rules to implement the

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provisions of this section, which may include procedures for

517

administering surplus land requests and criteria for when the

518

division may approve requests to surplus nonconservation lands on

519

behalf of the board.

520

(14)(a) All lands acquired under Florida Forever pursuant

521

to s. 259.105 and managed by the Fish and Wildlife Conservation

522

Commission, may be used to protect, manage, or restore habitat

523

for native or imperiled species. The commission shall submit an

524

annual workplan for such uses to the Acquisition and Restoration

525

Council and the council may, at its discretion, modify the

526

workplan prior to approval. Following approval of the workplan

527

by the council, the commission shall submit the approved workplan

528

to the Board of Trustees of the Internal Improvement Trust Fund

529

for adoption. The board shall not delegate the final adoption of

530

the workplan to any other agency.

531

(b) By February 1, 2010, the commission shall submit a

532

report to the President of the Senate and the Speaker of the

533

House of Representatives on the efficacy of utilizing state-owned

534

lands to protect, manage, or restore habitat for native or

535

imperiled species. This subsection expires July 1, 2010.

536

Section 6. Subsection (3) of section 253.111, Florida

537

Statutes, is amended to read:

538

253.111 Notice to board of county commissioners before

539

sale.--The Board of Trustees of the Internal Improvement Trust

540

Fund of the state may not sell any land to which they hold title

541

unless and until they afford an opportunity to the county in

542

which such land is situated to receive such land on the following

543

terms and conditions:

544

(3) If the board receives, within (45) 30 days after notice

545

is given to the board of county commissioners pursuant to

546

subsection (1), the certified copy of the resolution provided for

547

in subsection (2), the board shall forthwith convey to the county

548

such land at a price that is equal to its appraised market value

549

established by generally accepted professional standards for real

550

estate appraisal and subject to such other terms and conditions

551

as the board determines.

552

Section 7. Paragraph (b) of subsection (2) of section

553

253.82, Florida Statutes, is amended to read:

554

253.82 Title of state or private owners to Murphy Act

555

lands.--

556

(2)(b) Land to which title is vested in the board of

557

trustees by paragraph (a) shall be treated in the same manner as

558

other nonsovereignty lands owned by the board. However, any

559

parcel of land the title to which is vested in the Board of

560

Trustees of the Internal Improvement Trust Fund pursuant to this

561

section which is 10 acres or less in size and has a an appraised

562

market value of $250,000 or less is hereby declared surplus,

563

except for lands determined to be needed for state use, and may

564

be sold in any manner provided by law. Only one appraisal shall

565

be required for a sale of such land. All proceeds from the sale

566

of such land shall be deposited into the Internal Improvement

567

Trust Fund. The Board of Trustees of the Internal Improvement

568

Trust Fund is authorized to adopt rules to implement the

569

provisions of this subsection.

570

Section 8. Section 259.032, Florida Statutes, is amended to

571

read:

572

259.032 Conservation and Recreation Lands Trust Fund;

573

purpose.--

574

(1) It is the policy of the state that the citizens of this

575

state shall be assured public ownership of natural areas for

576

purposes of maintaining this state's unique natural resources;

577

protecting air, land, and water quality; promoting water resource

578

development to meet the needs of natural systems and citizens of

579

this state; promoting restoration activities on public lands; and

580

providing lands for natural resource based recreation. In

581

recognition of this policy, it is the intent of the Legislature

582

to provide such public lands for the people residing in urban and

583

metropolitan areas of the state, as well as those residing in

584

less populated, rural areas. It is the further intent of the

585

Legislature, with regard to the lands described in paragraph

586

(3)(c), that a high priority be given to the acquisition,

587

restoration, and management of such lands in or near counties

588

exhibiting the greatest concentration of population and, with

589

regard to the lands described in subsection (3), that a high

590

priority be given to acquiring lands or rights or interests in

591

lands which advance the goals and objectives of Fish and Wildlife

592

Conservation Commission approved management plans, or lands

593

within any area designated as an area of critical state concern

594

under s. 380.05 which, in the judgment of the advisory council

595

established pursuant to s. 259.035, or its successor, cannot be

596

adequately protected by application of land development

597

regulations adopted pursuant to s. 380.05. Finally, it is the

598

Legislature's intent that lands acquired through this program and

599

any successor programs be managed in such a way as to protect or

600

restore their natural resource values, and provide the greatest

601

benefit, including public access, to the citizens of this state.

602

(2)(a) The Conservation and Recreation Lands Trust Fund is

603

established within the Department of Environmental Protection.

604

The fund shall be used as a nonlapsing, revolving fund

605

exclusively for the purposes of this section. The fund shall be

606

credited with proceeds from the following excise taxes:

607

1. The excise taxes on documents as provided in s. 201.15;

608

and

609

2. The excise tax on the severance of phosphate rock as

610

provided in s. 211.3103.

611

612

The Department of Revenue shall credit to the fund each month the

613

proceeds from such taxes as provided in this paragraph.

614

(b) There shall annually be transferred from the

615

Conservation and Recreation Lands Trust Fund to the Land

616

Acquisition Trust Fund that amount, not to exceed $20 million

617

annually, as shall be necessary to pay the debt service on, or

618

fund debt service reserve funds, rebate obligations, or other

619

amounts with respect to bonds issued pursuant to s. 375.051 to

620

acquire lands on the established priority list developed pursuant

621

to ss. 259.101(4) and 259.105; however, no moneys transferred to

622

the Land Acquisition Trust Fund pursuant to this paragraph, or

623

earnings thereon, shall be used or made available to pay debt

624

service on the Save Our Coast revenue bonds. Amounts transferred

625

annually from the Conservation and Recreation Lands Trust Fund to

626

the Land Acquisition Trust Fund pursuant to this paragraph shall

627

have the highest priority over other payments or transfers from

628

the Conservation and Recreation Lands Trust Fund, and no other

629

payments or transfers shall be made from the Conservation and

630

Recreation Lands Trust Fund until such transfers to the Land

631

Acquisition Trust Fund have been made. Moneys in the Conservation

632

and Recreation Lands Trust Fund also shall be used to manage

633

lands and to pay for related costs, activities, and functions

634

pursuant to the provisions of this section.

635

(3) The Governor and Cabinet, sitting as the Board of

636

Trustees of the Internal Improvement Trust Fund, may allocate

637

moneys from the fund in any one year to acquire the fee or any

638

lesser interest in lands for the following public purposes:

639

(a) To conserve and protect environmentally unique and

640

irreplaceable lands that contain native, relatively unaltered

641

flora and fauna representing a natural area unique to, or scarce

642

within, a region of this state or a larger geographic area;

643

(b) To conserve and protect lands within designated areas

644

of critical state concern, if the proposed acquisition relates to

645

the natural resource protection purposes of the designation;

646

647

endangered or threatened species, emphasizing long-term

648

protection for endangered or threatened species designated G-1 or

649

G-2 by the Florida Natural Areas Inventory, and especially those

650

areas that are special locations for breeding and reproduction;

651

(d) To conserve, protect, manage, or restore important

652

ecosystems, landscapes, and forests, if the protection and

653

conservation of such lands is necessary to enhance or protect

654

significant surface water, groundwater, coastal, recreational,

655

timber, or fish or wildlife resources which cannot otherwise be

656

accomplished through local and state regulatory programs;

657

(e) To promote water resource development that benefits

658

natural systems and citizens of the state;

659

(f) To facilitate the restoration and subsequent health and

660

vitality of the Florida Everglades;

661

(g) To provide areas, including recreational trails, for

662

natural resource based recreation and other outdoor recreation on

663

any part of any site compatible with conservation purposes;

664

(h) To preserve significant archaeological or historic

665

sites; or

666

(i) To conserve urban open spaces suitable for greenways or

667

outdoor recreation which are compatible with conservation

668

purposes.

669

(j) to preserve agricultural lands under threat of

670

conversion to development through less-than-fee acquisitions.

671

(4)(a) Lands acquired under this section shall be for use

672

as state-designated parks, recreation areas, preserves, reserves,

673

historic or archaeological sites, geologic or botanical sites,

674

recreational trails, forests, wilderness areas, wildlife

675

management areas, urban open space, or other state-designated

676

recreation or conservation lands; or they shall qualify for such

677

state designation and use if they are to be managed by other

678

governmental agencies or nonstate entities as provided for in

679

this section.

680

(b) In addition to the uses allowed in paragraph (a),

681

moneys may be transferred from the Conservation and Recreation

682

Lands Trust Fund to the Florida Forever Trust Fund or the Land

683

Acquisition Trust Fund. This paragraph expires July 1, 2007.

684

(5) The board of trustees may allocate, in any year, an

685

amount not to exceed 5 percent of the money credited to the fund

686

in that year, such allocation to be used for the initiation and

687

maintenance of a natural areas inventory to aid in the

688

identification of areas to be acquired pursuant to this section.

689

(6) Moneys in the fund not needed to meet obligations

690

incurred under this section shall be deposited with the Chief

691

Financial Officer to the credit of the fund and may be invested

692

in the manner provided by law. Interest received on such

693

investments shall be credited to the Conservation and Recreation

694

Lands Trust Fund.

695

(7) The board of trustees may enter into any contract

696

necessary to accomplish the purposes of this section. The lead

697

land managing agencies designated by the board of trustees also

698

are directed by the Legislature to enter into contracts or

699

interagency agreements with other governmental entities,

700

including local soil and water conservation districts, or private

701

land managers who have the expertise to perform specific

702

management activities which a lead agency lacks, or which would

703

cost more to provide in-house. Such activities shall include, but

704

not be limited to, controlled burning, road and ditch

705

maintenance, mowing, and wildlife assessments.

706

(8) Lands to be considered for purchase under this section

707

are subject to the selection procedures of s. 259.035 and related

708

rules and shall be acquired in accordance with acquisition

709

procedures for state lands provided for in s. 259.041, except as

710

otherwise provided by the Legislature. An inholding or an

711

addition to a project selected for purchase pursuant to this

712

chapter is not subject to the selection procedures of s. 259.035

713

if the estimated value of such inholding or addition does not

714

exceed $500,000. When at least 90 percent of the acreage of a

715

project has been purchased pursuant to this chapter, the project

716

may be removed from the list and the remaining acreage may

717

continue to be purchased. Moneys from the fund may be used for

718

title work, appraisal fees, environmental audits, and survey

719

costs related to acquisition expenses for lands to be acquired,

720

donated, or exchanged which qualify under the categories of this

721

section, at the discretion of the board. When the Legislature has

722

authorized the Department of Environmental Protection to condemn

723

a specific parcel of land and such parcel has already been

724

approved for acquisition under this section, the land may be

725

acquired in accordance with the provisions of chapter 73 or

726

chapter 74, and the fund may be used to pay the condemnation

727

award and all costs, including a reasonable attorney's fee,

728

associated with condemnation.

729

(9) All lands managed under this chapter and s. 253.034

730

shall be:

731

(a) Managed in a manner that will provide the greatest

732

combination of benefits to the public and to the resources.

733

(b) Managed for public outdoor recreation which is

734

compatible with the conservation and protection of public lands.

735

Such management may include, but not be limited to, the following

736

public recreational uses: fishing, hunting, camping, bicycling,

737

hiking, nature study, swimming, boating, canoeing, horseback

738

riding, diving, model hobbyist activities, birding, sailing,

739

jogging, and other related outdoor activities compatible with the

740

purposes for which the lands were acquired.

741

742

acquired, consistent with paragraph (11)(a).

743

(d) Concurrent with its adoption of the annual Conservation

744

and Recreation Lands list of acquisition projects pursuant to s.

745

259.035, the board of trustees shall adopt a management

746

prospectus for each project. The management prospectus shall

747

delineate:

748

1. The management goals for the property;

749

2. The conditions that will affect the intensity of

750

management;

751

3. An estimate of the revenue-generating potential of the

752

property, if appropriate;

753

4. A timetable for implementing the various stages of

754

management and for providing access to the public, if applicable;

755

5. A description of potential multiple-use activities as

756

described in this section and s. 253.034;

757

6. Provisions for protecting existing infrastructure and

758

for ensuring the security of the project upon acquisition;

759

7. The anticipated costs of management and projected

760

sources of revenue, including legislative appropriations, to fund

761

management needs; and

762

8. Recommendations as to how many employees will be needed

763

to manage the property, and recommendations as to whether local

764

governments, volunteer groups, the former landowner, or other

765

interested parties can be involved in the management.

766

(e) Concurrent with the approval of the acquisition

767

contract pursuant to s. 259.041(3)(c) for any interest in lands

768

except those lands being acquired under the provisions of s.

769

259.1052, the board of trustees shall designate an agency or

770

agencies to manage such lands. The board shall evaluate and

771

amend, as appropriate, the management policy statement for the

772

project as provided by s. 259.035, consistent with the purposes

773

for which the lands are acquired. For any fee simple acquisition

774

of a parcel which is or will be leased back for agricultural

775

purposes, or any acquisition of a less-than-fee interest in land

776

that is or will be used for agricultural purposes, the Board of

777

Trustees of the Internal Improvement Trust Fund shall first

778

consider having a soil and water conservation district, created

779

pursuant to chapter 582, manage and monitor such interests.

780

(f) State agencies designated to manage lands acquired

781

under this chapter except those lands acquired under s. 259.1052

782

may contract with local governments and soil and water

783

conservation districts to assist in management activities,

784

including the responsibility of being the lead land manager. Such

785

land management contracts may include a provision for the

786

transfer of management funding to the local government or soil

787

and water conservation district from the Conservation and

788

Recreation Lands Trust Fund in an amount adequate for the local

789

government or soil and water conservation district to perform its

790

contractual land management responsibilities and proportionate to

791

its responsibilities, and which otherwise would have been

792

expended by the state agency to manage the property.

793

(g) Immediately following the acquisition of any interest

794

in lands under this chapter, the Department of Environmental

795

Protection, acting on behalf of the board of trustees, may issue

796

to the lead managing entity an interim assignment letter to be

797

effective until the execution of a formal lease.

798

(10)(a) State, regional, or local governmental agencies or

799

private entities designated to manage lands under this section

800

shall develop and adopt, with the approval of the board of

801

trustees, an individual management plan for each project designed

802

to conserve and protect such lands and their associated natural

803

resources. Private sector involvement in management plan

804

development may be used to expedite the planning process.

805

(b) Individual management plans required by s. 253.034(5),

806

for parcels over 160 acres, shall be developed with input from an

807

advisory group. Members of this advisory group shall include, at

808

a minimum, representatives of the lead land managing agency,

809

comanaging entities, local private property owners, the

810

appropriate soil and water conservation district, a local

811

conservation organization, and a local elected official. The

812

advisory group shall conduct at least one public hearing within

813

the county in which the parcel or project is located. For those

814

parcels or projects that are within more than one county, at

815

least one areawide public hearing shall be acceptable and the

816

lead managing agency shall invite a local elected official from

817

each county. The areawide public hearing shall be held in the

818

county in which the core parcels are located. Notice of such

819

public hearing shall be posted on the parcel or project

820

designated for management, advertised in a paper of general

821

circulation, and announced at a scheduled meeting of the local

822

governing body before the actual public hearing. The management

823

prospectus required pursuant to paragraph (9)(d) shall be

824

available to the public for a period of 30 days prior to the

825

public hearing.

826

827

shall update the plan at least every 10 years in a form and

828

manner prescribed by rule of the board of trustees. Such updates,

829

for parcels over 160 acres, shall be developed with input from an

830

advisory group. Such plans may include transfers of leasehold

831

interests to appropriate conservation organizations or

832

governmental entities designated by the Land Acquisition and

833

Management Advisory Council or its successor, for uses consistent

834

with the purposes of the organizations and the protection,

835

preservation, conservation, restoration, and proper management of

836

the lands and their resources. Volunteer management assistance is

837

encouraged, including, but not limited to, assistance by youths

838

participating in programs sponsored by state or local agencies,

839

by volunteers sponsored by environmental or civic organizations,

840

and by individuals participating in programs for committed

841

delinquents and adults.

842

(d)1. For each project for which lands are acquired after

843

July 1, 1995, an individual management plan shall be adopted and

844

in place no later than 1 year after the essential parcel or

845

parcels identified in the priority list developed pursuant to ss.

846

259.101(4) and 259.105 have been acquired. The Department of

847

Environmental Protection shall distribute only 75 percent of the

848

acquisition funds to which a budget entity or water management

849

district would otherwise be entitled from the Preservation 2000

850

Trust Fund to any budget entity or any water management district

851

that has more than one-third of its management plans overdue.

852

2. The requirements of subparagraph 1. do not apply to the

853

individual management plan for the Babcock Crescent B Ranch being

854

acquired pursuant to s. 259.1052. The management plan for the

855

ranch shall be adopted and in place no later than 2 years

856

following the date of acquisition by the state.

857

(e) Individual management plans shall conform to the

858

appropriate policies and guidelines of the state land management

859

plan and shall include, but not be limited to:

860

1. A statement of the purpose for which the lands were

861

acquired, the projected use or uses as defined in s. 253.034, and

862

the statutory authority for such use or uses.

863

2. Key management activities necessary to achieve the

864

desired outcomes, including but not limited to providing public

865

access, preserving and protecting natural resources, protecting

866

cultural and historical resources, restoring habitat, protecting

867

threatened and endangered species, controlling the spread of

868

nonnative plants and animals, performing prescribed fire

869

activities and other appropriate resource management. to preserve

870

and protect natural resources and restore habitat, and for

871

controlling the spread of nonnative plants and animals, and for

872

prescribed fire and other appropriate resource management

873

activities.

874

3. A specific description of how the managing agency plans

875

to identify, locate, protect, and preserve, or otherwise use

876

fragile, nonrenewable natural and cultural resources.

877

4. A priority schedule for conducting management

878

activities, based on the purposes for which the lands were

879

acquired.

880

5. A cost estimate for conducting priority management

881

activities, to include recommendations for cost-effective methods

882

of accomplishing those activities.

883

6. A cost estimate for conducting other management

884

activities which would enhance the natural resource value or

885

public recreation value for which the lands were acquired. The

886

cost estimate shall include recommendations for cost-effective

887

methods of accomplishing those activities.

888

7. A determination of the public uses and public access

889

that would be consistent with the purposes for which the lands

890

were acquired.

891

(f) The Division of State Lands shall submit a copy of each

892

individual management plan for parcels which exceed 160 acres in

893

size to each member of the Acquisition and Restoration Council

894

Land Acquisition and Management Advisory Council or its

895

successor, which shall:

896

1. Within 60 days after receiving a plan from the division,

897

review each plan for compliance with the requirements of this

898

subsection and with the requirements of the rules established by

899

the board pursuant to this subsection.

900

2. Consider the propriety of the recommendations of the

901

managing agency with regard to the future use or protection of

902

the property.

903

3. After its review, submit the plan, along with its

904

recommendations and comments, to the board of trustees, with

905

recommendations as to whether to approve the plan as submitted,

906

approve the plan with modifications, or reject the plan.

907

(g) The board of trustees shall consider the individual

908

management plan submitted by each state agency and the

909

recommendations of the Acquisition and Restoration Council Land

910

Acquisition and Management Advisory Council, or its successor,

911

and the Division of State Lands and shall approve the plan with

912

or without modification or reject such plan. The use or

913

possession of any lands owned by the board of trustees which is

914

not in accordance with an approved individual management plan is

915

subject to termination by the board of trustees.

916

917

By July 1 of each year, each governmental agency and each private

918

entity designated to manage lands shall report to the Secretary

919

of Environmental Protection on the progress of funding, staffing,

920

and resource management of every project for which the agency or

921

entity is responsible.

922

(11)(a) The Legislature recognizes that acquiring lands

923

pursuant to this chapter serves the public interest by protecting

924

land, air, and water resources which contribute to the public

925

health and welfare, providing areas for natural resource based

926

recreation, and ensuring the survival of unique and irreplaceable

927

plant and animal species. The Legislature intends for these lands

928

to be managed and maintained for the purposes for which they were

929

acquired and for the public to have access to and use of these

930

lands where it is consistent with acquisition purposes and would

931

not harm the resources the state is seeking to protect on the

932

public's behalf.

933

(b) An amount of not less than up to 1.5 percent of the

934

cumulative total of funds ever deposited into the Florida

935

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

936

shall be made available for the purposes of management,

937

maintenance, and capital improvements not eligible for funding

938

pursuant to s. 11(e), Art. VII of the State Constitution, and for

939

associated contractual services, for lands acquired pursuant to

940

this section, s. 259.101, s. 259.105, s. 259.1052, or previous

941

programs for the acquisition of lands for conservation and

942

recreation, including state forests, to which title is vested in

943

the board of trustees and other conservation and recreation lands

944

managed by a state agency. Of this amount, $250,000 shall be

945

transferred annually to the Plant Industry Trust Fund within the

946

Department of Agriculture and Consumer Services for the purpose

947

of implementing the Endangered or Threatened Native Flora

948

Conservation Grants Program pursuant to s. 581.185(11). Each

949

agency with management responsibilities shall annually request

950

from the Legislature funds sufficient to fulfill such

951

responsibilities to implement individual management plans. For

952

the purposes of this paragraph, capital improvements shall

953

include, but need not be limited to, perimeter fencing, signs,

954

firelanes, access roads and trails, and minimal public

955

accommodations, such as primitive campsites, garbage receptacles,

956

and toilets. Any equipment purchased with funds provided pursuant

957

to this paragraph may be used for the purposes described in this

958

paragraph on any conservation and recreation lands managed by a

959

state agency.

960

961

long-term management of all acquisitions pursuant to this chapter

962

and for associated contractual services, the managing agencies

963

shall recognize the following categories of land management

964

needs:

965

1. Lands which are low-need tracts, requiring basic

966

resource management and protection, such as state reserves, state

967

preserves, state forests, and wildlife management areas. These

968

lands generally are open to the public but have no more than

969

minimum facilities development.

970

2. Lands which are moderate-need tracts, requiring more

971

than basic resource management and protection, such as state

972

parks and state recreation areas. These lands generally have

973

extra restoration or protection needs, higher concentrations of

974

public use, or more highly developed facilities.

975

3. Lands which are high-need tracts, with identified needs

976

requiring unique site-specific resource management and

977

protection. These lands generally are sites with historic

978

significance, unique natural features, or very high intensity

979

public use, or sites that require extra funds to stabilize or

980

protect resources, such as lands with heavy infestations of

981

nonnative, invasive plants.

982

983

In evaluating the management funding needs of lands based on the

984

above categories, the lead land managing agencies shall include

985

in their considerations the impacts of, and needs created or

986

addressed by, multiple-use management strategies.

987

(d) All revenues generated through multiple-use management

988

or compatible secondary-use management shall be returned to the

989

lead agency responsible for such management and shall be used to

990

pay for management activities on all conservation, preservation,

991

and recreation lands under the agency's jurisdiction. In

992

addition, such revenues shall be segregated in an agency trust

993

fund and shall remain available to the agency in subsequent

994

fiscal years to support land management appropriations. For the

995

purposes of this paragraph, compatible secondary-use management

996

shall be those activities described in subsection (9) undertaken

997

on parcels designated as single use pursuant to s. 253.034(2)(b).

998

(e) Up to one-fifth of the funds provided for in paragraph

999

(b) shall be reserved by the board of trustees for interim

1000

management of acquisitions and for associated contractual

1001

services, to ensure the conservation and protection of natural

1002

resources on project sites and to allow limited public

1003

recreational use of lands. Interim management activities may

1004

include, but not be limited to, resource assessments, control of

1005

invasive, nonnative species, habitat restoration, fencing, law

1006

enforcement, controlled burning, and public access consistent

1007

with preliminary determinations made pursuant to paragraph

1008

(9)(g). The board of trustees shall make these interim funds

1009

available immediately upon purchase.

1010

(f) The department shall set long-range and annual goals

1011

for the control and removal of nonnative, invasive plant species

1012

on public lands. Such goals shall differentiate between aquatic

1013

plant species and upland plant species. In setting such goals,

1014

the department may rank, in order of adverse impact, species that

1015

impede or destroy the functioning of natural systems.

1016

Notwithstanding paragraph (a), up to one-fourth of the funds

1017

provided for in paragraph (b) may be used by the agencies

1018

receiving those funds for control and removal of nonnative,

1019

invasive species on public lands.

1020

(g) In addition to the purposes specified in paragraph (b),

1021

funds from the 1.5 percent of the cumulative total of funds ever

1022

deposited into the Florida Preservation 2000 Trust Fund and the

1023

Florida Forever Trust Fund may be appropriated for the 2006-2007

1024

fiscal year for the construction of replacement museum

1025

facilities. This paragraph expires July 1, 2007.

1026

(12)(a) Beginning July 1, 1999, the Legislature shall make

1027

available sufficient funds annually from the Conservation and

1028

Recreation Lands Trust Fund to the department for payment in lieu

1029

of taxes to qualifying counties and local governments as defined

1030

in paragraph (b) for all actual tax losses incurred as a result

1031

of board of trustees acquisitions for state agencies under the

1032

Florida Forever program or the Florida Preservation 2000 program

1033

during any year. Reserved funds not used for payments in lieu of

1034

taxes in any year shall revert to the fund to be used for land

1035

management in accordance with the provisions of this section.

1036

(b) Payment in lieu of taxes shall be available:

1037

1. To all counties that have a population of 150,000 or

1038

fewer. Population levels shall be determined pursuant to s.

1039

11.031.

1040

2. To all local governments located in eligible counties.

1041

3. To Glades County, where a privately owned and operated

1042

prison leased to the state has recently been opened and where

1043

privately owned and operated juvenile justice facilities leased

1044

to the state have recently been constructed and opened, a payment

1045

in lieu of taxes, in an amount that offsets the loss of property

1046

tax revenue, which funds have already been appropriated and

1047

allocated from the Department of Correction's budget for the

1048

purpose of reimbursing amounts equal to lost ad valorem taxes.

1049

1050

full payments to all qualifying counties and local governments,

1051

such counties and local governments shall receive a pro rata

1052

share of the moneys available.

1053

(d) The payment amount shall be based on the average amount

1054

of actual taxes paid on the property for the 3 years preceding

1055

acquisition. Applications for payment in lieu of taxes shall be

1056

made no later than January 31 of the year following acquisition.

1057

No payment in lieu of taxes shall be made for properties which

1058

were exempt from ad valorem taxation for the year immediately

1059

preceding acquisition.

1060

(e) If property which was subject to ad valorem taxation

1061

was acquired by a tax-exempt entity for ultimate conveyance to

1062

the state under this chapter, payment in lieu of taxes shall be

1063

made for such property based upon the average amount of taxes

1064

paid on the property for the 3 years prior to its being removed

1065

from the tax rolls. The department shall certify to the

1066

Department of Revenue those properties that may be eligible under

1067

this provision. Once eligibility has been established, that

1068

county or local government shall receive 10 consecutive annual

1069

payments for each tax loss, and no further eligibility

1070

determination shall be made during that period.

1071

(f) Payment in lieu of taxes pursuant to this subsection

1072

shall be made annually to qualifying counties and local

1073

governments after certification by the Department of Revenue that

1074

the amounts applied for are reasonably appropriate, based on the

1075

amount of actual taxes paid on the eligible property. With the

1076

assistance of the local government requesting payment in lieu of

1077

taxes, the state agency that acquired the land is responsible for

1078

preparing and submitting application requests for payment to the

1079

Department of Revenue for certification.

1080

(g) If the board of trustees conveys to a local government

1081

title to any land owned by the board, any payments in lieu of

1082

taxes on the land made to the local government shall be

1083

discontinued as of the date of the conveyance.

1084

1085

For the purposes of this subsection, "local government" includes

1086

municipalities, the county school board, mosquito control

1087

districts, and any other local government entity which levies ad

1088

valorem taxes, with the exception of a water management district.

1089

(13) Moneys credited to the fund each year which are not

1090

used for management, maintenance, or capital improvements

1091

pursuant to subsection (11); for payment in lieu of taxes

1092

pursuant to subsection (12); or for the purposes of subsection

1093

(5), shall be available for the acquisition of land pursuant to

1094

this section.

1095

(14) The board of trustees may adopt rules to further

1096

define the categories of land for acquisition under this chapter.

1097

(15) Within 90 days after receiving a certified letter from

1098

the owner of a property on the Conservation and Recreation Lands

1099

list or the priority list established pursuant to s. 259.105

1100

objecting to the property being included in an acquisition

1101

project, where such property is a project or part of a project

1102

which has not been listed for purchase in the current year's land

1103

acquisition work plan, the board of trustees shall delete the

1104

property from the list or from the boundary of an acquisition

1105

project on the list.

1106

Section 9. Section 259.035, Florida Statutes, is amended to

1107

read:

1108

259.035 Acquisition and Restoration Council.--

1109

(1) There is created the Acquisition and Restoration

1110

Council.

1111

(a) The council shall be composed of nine voting members,

1112

four of whom shall be appointed by the Governor. Of these four

1113

appointees, three shall be from scientific disciplines related to

1114

land, water, or environmental sciences and the fourth shall have

1115

at least 5 years experience in managing lands for both active and

1116

passive types of recreation. They shall serve 4-year terms,

1117

except that, initially, to provide for staggered terms, two of

1118

the appointees shall serve 2-year terms. All subsequent

1119

appointments shall be for 4-year terms. No appointee shall serve

1120

more than 6 years. The Governor may at any time fill a vacancy

1121

for the unexpired term of a member appointed under this

1122

paragraph.

1123

(b) The five remaining appointees shall be composed of the

1124

Secretary of Environmental Protection, the director of the

1125

Division of Forestry of the Department of Agriculture and

1126

Consumer Services, the executive director of the Fish and

1127

Wildlife Conservation Commission, the director of the Division of

1128

Historical Resources of the Department of State, and the

1129

secretary of the Department of Community Affairs, or their

1130

respective designees.

1131

1132

and a vice chair shall be elected from among the members.

1133

(d) The council shall hold periodic meetings at the request

1134

of the chair.

1135

(e) The Department of Environmental Protection shall

1136

provide primary staff support to the council and shall ensure

1137

that council meetings are electronically recorded. Such recording

1138

shall be preserved pursuant to chapters 119 and 257.

1139

(f) The board of trustees has authority to adopt rules

1140

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

1141

of this section.

1142

(2) The four members of the council appointed by the

1143

Governor shall receive $75 per day while engaged in the business

1144

of the council, as well as expenses and per diem for travel,

1145

including attendance at meetings, as allowed state officers and

1146

employees while in the performance of their duties, pursuant to

1147

s. 112.061.

1148

(3) The council shall provide assistance to the board of

1149

trustees in reviewing the recommendations and plans for state-

1150

owned lands required under ss. 253.034 and 259.032. The council

1151

shall, in reviewing such recommendations and plans, consider the

1152

optimization of multiple-use and conservation strategies to

1153

accomplish the provisions funded pursuant to ss. 259.101(3)(a)

1154

and 259.105(3)(b).

1155

(4) (a) The council may use existing rules adopted by the

1156

board of trustees, until it develops and recommends amendments to

1157

those rules, to competitively evaluate, select, and rank projects

1158

eligible for the Conservation and Recreation Lands list pursuant

1159

to ss. 259.032(3) and 259.101(4) and, beginning no later than May

1160

1, 2001, for Florida Forever funds pursuant to s. 259.105(3)(b).

1161

(b) By December 1, 2009, the Acquisition and Restoration

1162

Council shall develop rules defining specific criteria and

1163

numeric performance measures needed for lands that are to be

1164

acquired for public purpose under the Florida Forever program

1165

pursuant to s. 259.105. Each recipient of Florida Forever funds

1166

shall assist the council in the development of such rules. These

1167

rules shall be reviewed and adopted by the Board then submitted

1168

to the Legislature for consideration by February 1, 2010. The

1169

Legislature may reject, modify, or take no action relative to the

1170

proposed rules. If no action is taken, the rules shall be

1171

implemented. Subsequent to their approval, each recipient of

1172

Florida Forever funds shall annually report to the Division of

1173

State Lands on each of the numeric performance measures

1174

accomplished during the previous fiscal year.

1175

1176

give weight to the criteria included in s. 259.105(10). The board

1177

of trustees shall review the recommendations and shall adopt

1178

rules necessary to administer this section.

1179

(5) An affirmative vote of five members of the council is

1180

required in order to change a project boundary or to place a

1181

proposed project on a list developed pursuant to subsection (4).

1182

Any member of the council who by family or a business

1183

relationship has a connection with all or a portion of any

1184

proposed project shall declare the interest before voting on its

1185

inclusion on a list.

1186

(6) The proposal for a project pursuant to this section or

1187

s. 259.105(3)(b) may be implemented only if adopted by the

1188

council and approved by the board of trustees. The council shall

1189

consider and evaluate in writing the merits and demerits of each

1190

project that is proposed for Conservation and Recreation Lands,

1191

Florida Preservation 2000, or Florida Forever funding and shall

1192

ensure that each proposed project will meet a stated public

1193

purpose for the restoration, conservation, or preservation of

1194

environmentally sensitive lands and water areas or for providing

1195

outdoor recreational opportunities. The council also shall

1196

determine whether the project conforms, where applicable, with

1197

the comprehensive plan developed pursuant to s. 259.04(1)(a), the

1198

comprehensive multipurpose outdoor recreation plan developed

1199

pursuant to s. 375.021, the state lands management plan adopted

1200

pursuant to s. 253.03(7), the water resources work plans

1201

developed pursuant to s. 373.199, and the provisions of s.

1202

259.032, s. 259.101, or s. 259.105, whichever is applicable.

1203

Section 10. Section 259.037, Florida Statutes, is amended

1204

to read:

1205

259.037 Land Management Uniform Accounting Council.--

1206

(1) The Land Management Uniform Accounting Council is

1207

created within the Department of Environmental Protection and

1208

shall consist of the director of the Division of State Lands, the

1209

director of the Division of Recreation and Parks, the director of

1210

the Office of Coastal and Aquatic Managed Areas, and the director

1211

of the Office of Greenways and Trails of the Department of

1212

Environmental Protection; the director of the Division of

1213

Forestry of the Department of Agriculture and Consumer Services;

1214

the executive director of the Fish and Wildlife Conservation

1215

Commission; and the director of the Division of Historical

1216

Resources of the Department of State, or their respective

1217

designees. Each state agency represented on the council shall

1218

have one vote. The chair of the council shall rotate annually in

1219

the foregoing order of state agencies. The agency of the

1220

representative serving as chair of the council shall provide

1221

staff support for the council. The Division of State Lands shall

1222

serve as the recipient of and repository for the council's

1223

documents. The council shall meet at the request of the chair.

1224

(2) The Auditor General and the director of the Office of

1225

Program Policy Analysis and Government Accountability, or their

1226

designees, shall advise the council to ensure that appropriate

1227

accounting procedures are utilized and that a uniform method of

1228

collecting and reporting accurate costs of land management

1229

activities are created and can be used by all agencies.

1230

(3)(a) All land management activities and costs must be

1231

assigned to a specific category, and any single activity or cost

1232

may not be assigned to more than one category. Administrative

1233

costs, such as planning or training, shall be segregated from

1234

other management activities. Specific management activities and

1235

costs must initially be grouped, at a minimum, within the

1236

following categories:

1237

1.(a) Resource management.

1238

2.(b) Administration.

1239

3. Support.

1240

4. Capital improvements.

1241

5. Recreation Visitor Services.

1242

6. Law enforcement.

1243

1244

(d) Facility maintenance.

1245

1246

Upon adoption of the initial list of land management categories

1247

by the council, agencies assigned to manage conservation or

1248

recreation lands shall, on July 1, 2000, begin to account for

1249

land management costs in accordance with the category to which an

1250

expenditure is assigned.

1251

(b) Each reporting agency shall also:

1252

1. Include a report of the available public use

1253

opportunities for each tract of state land and the total

1254

management cost for public access and public use and the cost

1255

associated with each use option.

1256

2. List the acres of land requiring minimal management

1257

effort, moderate management effort, and significant management

1258

effort pursuant to s. 259.032(11)(c). For each category they

1259

shall include the amount of funds requested, the amount of funds

1260

received and the amount of funds expended for land management.

1261

3. List acres managed and cost of management for each park,

1262

preserve, forest, reserve, or management area.

1263

4. List acres managed, cost of management and lead manager

1264

for state lands tracts for which secondary management activities

1265

were provided.

1266

(4) The council shall report agencies' expenditures

1267

pursuant to the adopted categories to the President of the Senate

1268

and the Speaker of the House of Representatives annually,

1269

beginning July 1, 2001. The council shall also provide this

1270

report to the Acquisition and Restoration Council and the

1271

division for inclusion in its annual report required pursuant to

1272

s. 259.036 s. 259.105.

1273

(5) Should the council determine that the list of land

1274

management categories needs to be revised, it shall meet upon the

1275

call of the chair.

1276

(6) Biennially, each reporting agency shall also submit an

1277

operational report for each management area, with an approved

1278

management plan. The report should assess the progress toward

1279

achieving short-term and long-term management goals of the

1280

approved management plan including all land management

1281

activities, identify any deficiencies in management and

1282

corrective actions to address identified deficiencies as

1283

appropriate. This report shall be submitted to the Acquisition

1284

and Restoration Council and the division for inclusion in its

1285

annual report required pursuant to s. 259.036.

1286

Section 11. Subsections (3) and (7) of section 259.041,

1287

Florida Statutes, is amended to read:

1288

259.041 Acquisition of state-owned lands for preservation,

1289

conservation, and recreation purposes.--

1290

(3) No agreement to acquire real property for the purposes

1291

described in this chapter, chapter 260, or chapter 375, title to

1292

which will vest in the board of trustees, may bind the state

1293

unless and until the agreement has been reviewed and approved by

1294

the Department of Environmental Protection as complying with the

1295

requirements of this section and any rules adopted pursuant to

1296

this section. Where any of the following conditions exist, the

1297

agreement shall be submitted to and approved by the board of

1298

trustees:

1299

(a) The purchase price agreed to by the seller exceeds the

1300

value as established pursuant to the rules of the board of

1301

trustees;

1302

(b) The contract price agreed to by the seller and

1303

acquiring agency exceeds $1 million;

1304

1305

1306

(d) Other conditions that the board of trustees may adopt

1307

by rule. Such conditions may include, but not be limited to,

1308

projects where title to the property being acquired is considered

1309

nonmarketable or is encumbered in such a way as to significantly

1310

affect its management.

1311

1312

Where approval of the board of trustees is required pursuant to

1313

this subsection, the acquiring agency must provide a

1314

justification as to why it is in the public's interest to acquire

1315

the parcel or project. Approval of the board of trustees also is

1316

required for projects the department recommends acquiring

1317

pursuant to subsections (14) and (15). Review and approval of

1318

agreements for acquisitions for Florida Greenways and Trails

1319

Program properties pursuant to chapter 260 may be waived by the

1320

department in any contract with nonprofit corporations that have

1321

agreed to assist the department with this program. Where the

1322

contribution of the acquiring agency exceeds $100 million in any

1323

one fiscal year, the agreement shall be submitted to and approved

1324

by the Legislative Budget Commission.

1325

(7) Prior to approval by the board of trustees or, when

1326

applicable, the Department of Environmental Protection, of any

1327

agreement to purchase land pursuant to this chapter, chapter 260,

1328

or chapter 375, and prior to negotiations with the parcel owner

1329

to purchase any other land, title to which will vest in the board

1330

of trustees, an appraisal of the parcel shall be required as

1331

follows:

1332

(a) The board of trustees shall adopt by rule the method

1333

for determining the value of parcels sought to be acquired by

1334

state agencies pursuant to this section.

1335

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

1336

appraisal. Two appraisals are required when the estimated value

1337

of the parcel exceeds $1 million $500,000. However, when both

1338

appraisals exceed $1 million $500,000 and differ significantly, a

1339

third appraisal may be obtained. When a parcel is estimated to be

1340

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

1341

Lands finds that the cost of obtaining an outside appraisal is

1342

not justified, an appraisal prepared by the division may be used.

1343

1344

the agency proposing the acquisition. The board of trustees shall

1345

approve qualified fee appraisal organizations. All appraisals

1346

used for the acquisition of lands pursuant to this section shall

1347

be prepared by a member of an approved appraisal organization or

1348

by a state-certified appraiser who meets the standards and

1349

criteria established in rule by the board of trustees. Each fee

1350

appraiser selected to appraise a particular parcel shall, prior

1351

to contracting with the agency or a participant in a multiparty

1352

agreement, submit to that agency or participant an affidavit

1353

substantiating that he or she has no vested or fiduciary interest

1354

in such parcel.

1355

(d) The fee appraiser and the review appraiser for the

1356

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

1357

negotiating with the property owner.

1358

(e) Generally, appraisal reports are confidential and

1359

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

1360

and the board of trustees, until an option contract is executed

1361

or, if no option contract is executed, until 2 weeks before a

1362

contract or agreement for purchase is considered for approval by

1363

the board of trustees. However, the department has the authority,

1364

at its discretion, to disclose appraisal reports to private

1365

landowners during negotiations for acquisitions using

1366

alternatives to fee simple techniques, if the department

1367

determines that disclosure of such reports will bring the

1368

proposed acquisition to closure. The Division of State Lands may

1369

also disclose appraisal information to public agencies or

1370

nonprofit organizations that agree to maintain the

1371

confidentiality of the reports or information when joint

1372

acquisition of property is contemplated, or when a public agency

1373

or nonprofit organization enters into a written multiparty

1374

agreement with the division to purchase and hold property for

1375

subsequent resale to the division. In addition, the division may

1376

use, as its own, appraisals obtained by a public agency or

1377

nonprofit organization, provided the appraiser is selected from

1378

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

1379

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

1380

"nonprofit organization" means an organization whose purposes

1381

include the preservation of natural resources, and which is

1382

exempt from federal income tax under s. 501(c)(3) of the Internal

1383

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

1384

passage of time has rendered the conclusions of value in the

1385

report invalid or when the acquiring agency has terminated

1386

negotiations.

1387

(f) The Division of State Lands may use, as its own,

1388

appraisals obtained by a public agency or nonprofit organization,

1389

provided that the appraiser is selected from the division's list

1390

of appraisers and the appraisal is reviewed and approved by the

1391

division. For the purposes of this chapter, the term "nonprofit

1392

organization" means an organization whose purposes include the

1393

preservation of natural resources and which is exempt from

1394

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

1395

Code.

1396

1397

Notwithstanding the provisions of this subsection, on behalf of

1398

the board and before the appraisal of parcels approved for

1399

purchase under this chapter, the Secretary of Environmental

1400

Protection or the director of the Division of State Lands may

1401

enter into option contracts to buy such parcels. Any such option

1402

contract shall state that the final purchase price is subject to

1403

approval by the board or, when applicable, the secretary and that

1404

the final purchase price may not exceed the maximum offer allowed

1405

by law. Any such option contract presented to the board for final

1406

purchase price approval, shall explicitly state that payment of

1407

the final purchase price is subject to an appropriation from the

1408

Legislature. The consideration for such an option may not exceed

1409

$1,000 or 0.01 percent of the estimate by the department of the

1410

value of the parcel, whichever amount is greater.

1411

Section 12. Section 259.105, Florida Statutes is amended to

1412

read:

1413

259.105 The Florida Forever Act.--

1414

(1) This section may be cited as the "Florida Forever Act."

1415

(2)(a) The Legislature finds and declares that:

1416

1. Land acquisition The Preservation 2000 programs have

1417

provided tremendous financial resources for purchasing

1418

environmentally significant lands to protect those lands from

1419

imminent development or alteration, thereby assuring present and

1420

future generations' access to important waterways, open spaces,

1421

and recreation and conservation lands.

1422

2. The continued alteration and development of Florida's

1423

natural and rural areas to accommodate the state's rapidly

1424

growing population have contributed to the degradation of water

1425

resources, the fragmentation and destruction of wildlife

1426

habitats, the loss of outdoor recreation space, and the

1427

diminishment of wetlands, forests, working landscapes and coastal

1428

open space and public beaches.

1429

3. The potential development of Florida's remaining natural

1430

areas and escalation of land values require a continuation of

1431

government efforts to restore, bring under public protection, or

1432

acquire lands and water areas to preserve the state's essential

1433

ecological functions and invaluable quality of life.

1434

4. It is essential to protect the state's ecosystems by

1435

promoting a more efficient use of land, ensuring opportunities

1436

for viable agricultural activities on working lands, and to

1437

promote vital rural and urban communities which support and

1438

produce development patterns consistent with natural resource

1439

protection.

1440

54. Florida's groundwater, surface waters, and springs are

1441

under tremendous pressure due to population growth and economic

1442

expansion and require special protection and restoration efforts,

1443

including the protection of uplands and springsheds that provide

1444

vital recharge to aquifer systems and are critical to the

1445

protection of water quality and water quantity of the aquifers

1446

and springs. A variety of incentives should be developed for

1447

landowners to help maintain these lands, including options that

1448

encourage the cultivation of water and other ecosystem resource

1449

services. To ensure that sufficient quantities of water are

1450

available to meet the current and future needs of the natural

1451

systems and citizens of the state, and assist in achieving the

1452

planning goals of the department and the water management

1453

districts, water resource development projects on public lands,

1454

where compatible with the resource values of and management

1455

objectives for the lands, are appropriate.

1456

65. The needs of urban, suburban and small communities in

1457

Florida for high-quality outdoor recreational opportunities,

1458

greenways, trails, and open space have not been fully met by

1459

previous acquisition programs. Through such programs as the

1460

Florida Communities Trust and the Florida Recreation Development

1461

Assistance Program, the state shall place additional emphasis on

1462

acquiring, protecting, preserving, and restoring open space,

1463

ecological greenways, and recreation properties within urban,

1464

suburban and rural areas where pristine natural communities or

1465

water bodies no longer exist because of the proximity of

1466

developed property.

1467

76. Many of Florida's unique ecosystems, such as the

1468

Florida Everglades, are facing ecological collapse due to

1469

Florida's burgeoning population growth and other economic

1470

activities. To preserve these valuable ecosystems for future

1471

generations, essential parcels of land must be acquired to

1472

facilitate ecosystem restoration.

1473

87. Access to public lands to support a broad range of

1474

outdoor recreational opportunities and the development of

1475

necessary infrastructure, where compatible with the resource

1476

values of and management objectives for such lands, promotes an

1477

appreciation for Florida's natural assets and improves the

1478

quality of life.

1479

98. Acquisition of lands, in fee simple, less-than-fee

1480

interest, or other techniques in any lesser interest, shall

1481

should be based on a comprehensive science-based assessment of

1482

Florida's natural resources that targets essential conservation

1483

lands by prioritizing all current and future acquisitions based

1484

on a uniform set of data and planned so as to protect the

1485

integrity and function of ecological systems and working

1486

landscapes, and provide multiple benefits, including preservation

1487

of fish and wildlife habitat, recreation space for urban and as

1488

well as rural areas, and the restoration of natural water

1489

storage, flow, and recharge.

1490

109. The state has embraced performance-based program

1491

budgeting as a tool to evaluate the achievements of publicly

1492

funded agencies, build in accountability, and reward those

1493

agencies which are able to consistently achieve quantifiable

1494

goals. While previous and existing state environmental programs

1495

have achieved varying degrees of success, few of these programs

1496

can be evaluated as to the extent of their achievements,

1497

primarily because performance measures, standards, outcomes, and

1498

goals were not established at the outset. Therefore, the Florida

1499

Forever program shall be developed and implemented in the context

1500

of measurable state goals and objectives.

1501

1110. It is the intent of the Legislature to change the

1502

focus and direction of the state's major land acquisition

1503

programs and to extend funding and bonding capabilities, so that

1504

future generations may enjoy the natural resources of Florida.

1505

(b) The Legislature recognizes that acquisition is only one

1506

way to achieve the aforementioned goals and encourages the

1507

development of creative partnerships between governmental

1508

agencies and private landowners. Land protection agreements,

1509

rural land stewardship agreements, sector planning, mitigation,

1510

and similar tools should be used, where appropriate, to bring

1511

environmentally sensitive tracts under an acceptable level of

1512

protection at a lower financial cost to the public, and to

1513

provide private landowners with the opportunity to enjoy and

1514

benefit from their property.

1515

1516

under this section shall are encouraged to better coordinate

1517

their expenditures so that project acquisitions, when combined

1518

with acquisitions under Florida Forever, Preservation 2000, Save

1519

Our Rivers, the Florida Communities Trust, and other public land

1520

acquisition programs, will form more complete patterns of

1521

protection for natural areas, ecological greenways, and

1522

functioning ecosystems, to better accomplish the intent of this

1523

section.

1524

(d) A long-term financial commitment to managing Florida's

1525

public lands must accompany any new land acquisition program to

1526

ensure that the natural resource values of such lands are

1527

protected, that the public has the opportunity to enjoy the lands

1528

to their fullest potential, and that the state achieves the full

1529

benefits of its investment of public dollars. Innovative

1530

strategies such as public-private partnerships and inter-agency

1531

planning and sharing of resources shall be used to achieve the

1532

state's management goals.

1533

(e) With limited dollars available for restoration and

1534

acquisition of land and water areas and for providing long-term

1535

management and capital improvements, a competitive selection

1536

process shall can select those projects best able to meet the

1537

goals of Florida Forever and maximize the efficient use of the

1538

program's funding.

1539

(f) To ensure success and provide accountability to the

1540

citizens of this state, it is the intent of the Legislature that

1541

any cash or bond proceeds used pursuant to this section be used

1542

to implement the goals and objectives recommended by a

1543

comprehensive science-based assessment and the Florida Forever

1544

Advisory Council as approved by the Board of Trustees of the

1545

Internal Improvement Trust Fund and the Legislature.

1546

(g) As it has with previous land acquisition programs, the

1547

Legislature recognizes the desires of the citizens of this state

1548

to prosper through economic development and to preserve the

1549

natural areas and recreational open space of Florida. The

1550

Legislature further recognizes the urgency of restoring the

1551

natural functions of public lands or water bodies before they are

1552

degraded to a point where recovery may never occur, yet

1553

acknowledges the difficulty of ensuring adequate funding for

1554

restoration efforts in light of other equally critical financial

1555

needs of the state. It is the Legislature's desire and intent to

1556

fund the implementation of this section and to do so in a

1557

fiscally responsible manner, by issuing bonds to be repaid with

1558

documentary stamp tax, or other revenue sources.

1559

(h) The Legislature further recognizes the important role

1560

that many of our state and federal military installations

1561

contribute to protecting and preserving Florida's natural

1562

resources as well as our economic prosperity. Where the state's

1563

land conservation plans overlap with the military's need to

1564

protect lands, waters, and habitat to ensure the sustainability

1565

of military missions, it is the Legislature's intent that

1566

agencies receiving funds under this program cooperate with our

1567

military partners to protect and buffer military installations

1568

and military airspace, by:

1569

1. Protecting habitat on nonmilitary land for any species

1570

found on military land that is designated as threatened or

1571

endangered, or is a candidate for such designation under the

1572

Endangered Species Act or any Florida statute;

1573

2. Protecting areas underlying low-level military air

1574

corridors or operating areas; and

1575

3. Protecting areas identified as clear zones, accident

1576

potential zones, and air installation compatible use buffer zones

1577

delineated by our military partners.

1578

4. Providing the military with technical assistance to

1579

restore, enhance and manage military land as habitat for

1580

imperiled species or species designated as threatened or

1581

endangered, or a candidate for such designation and for the

1582

recovery or reestablishment of such species.

1583

(3) Less the costs of issuing and the costs of funding

1584

reserve accounts and other costs associated with bonds, the

1585

proceeds of cash payments or bonds issued pursuant to this

1586

section shall be deposited into the Florida Forever Trust Fund

1587

created by s. 259.1051. The proceeds shall be distributed by the

1588

Department of Environmental Protection in the following manner:

1589

(a) Thirty-five percent to the Department of Environmental

1590

Protection for the acquisition of lands and capital project

1591

expenditures necessary to implement the water management

1592

districts' priority lists developed pursuant to s. 373.199. The

1593

funds are to be distributed to the water management districts as

1594

provided in subsection (11). A minimum of 50 percent of the total

1595

funds provided over the life of the Florida Forever program

1596

pursuant to this paragraph shall be used for the acquisition of

1597

lands.

1598

(b) Forty Thirty-five percent to the Department of

1599

Environmental Protection for the acquisition of lands and capital

1600

project expenditures described in this section. Of the proceeds

1601

distributed pursuant to this paragraph, it is the intent of the

1602

Legislature that an increased priority be given to those

1603

acquisitions which achieve a combination of conservation goals,

1604

including protecting Florida's water resources and natural

1605

groundwater recharge. At a minimum, 3 percent, and no more than

1606

10 percent, of the funds allocated pursuant to this paragraph,

1607

shall be spent on capital project expenditures identified during

1608

the time of acquisition that meets land management planning

1609

activities necessary for public access may not exceed 10 percent

1610

of the funds allocated pursuant to this paragraph.

1611

1612

Affairs for use by the Florida Communities Trust for the purposes

1613

of part III of chapter 380, as described and limited by this

1614

subsection, and grants to local governments or nonprofit

1615

environmental organizations that are tax-exempt under s.

1616

501(c)(3) of the United States Internal Revenue Code for the

1617

acquisition of community-based projects, urban open spaces,

1618

parks, and greenways to implement local government comprehensive

1619

plans. From funds available to the trust and used for land

1620

acquisition, 75 percent shall be matched by local governments on

1621

a dollar-for-dollar basis. The Legislature intends that the

1622

Florida Communities Trust emphasize funding projects in low-

1623

income or otherwise disadvantaged communities. At least 30

1624

percent of the total allocation provided to the trust shall be

1625

used in Standard Metropolitan Statistical Areas, but one-half of

1626

that amount shall be used in localities in which the project site

1627

is located in built-up commercial, industrial, or mixed-use areas

1628

and functions to intersperse open spaces within congested urban

1629

core areas. From funds allocated to the trust, no less than 5

1630

percent shall be used to acquire lands for recreational trail

1631

systems, provided that in the event these funds are not needed

1632

for such projects, they will be available for other trust

1633

projects. Local governments may use federal grants or loans,

1634

private donations, or environmental mitigation funds, including

1635

environmental mitigation funds required pursuant to s. 338.250,

1636

for any part or all of any local match required for acquisitions

1637

funded through the Florida Communities Trust. Any lands purchased

1638

by nonprofit organizations using funds allocated under this

1639

paragraph must provide for such lands to remain permanently in

1640

public use through a reversion of title to local or state

1641

government, conservation easement, or other appropriate

1642

mechanism. Projects funded with funds allocated to the Trust

1643

shall be selected in a competitive process measured against

1644

criteria adopted in rule by the Trust.

1645

(d) Two percent to the Department of Environmental

1646

Protection for grants pursuant to s. 375.075.

1647

(e) One and five-tenths percent to the Department of

1648

Environmental Protection for the purchase of inholdings and

1649

additions to state parks and for capital project expenditures as

1650

described in this section. At a minimum, 1 percent, and no more

1651

than 10 percent, of the funds allocated pursuant to this

1652

paragraph, shall be spent on capital project expenditures

1653

identified during the time of acquisition that meets land

1654

management planning activities necessary for public access may

1655

not exceed 10 percent of the funds allocated under this

1656

paragraph. For the purposes of this paragraph, "state park" means

1657

any real property in the state which is under the jurisdiction of

1658

the Division of Recreation and Parks of the department, or which

1659

may come under its jurisdiction.

1660

(f) One and five-tenths percent to the Division of Forestry

1661

of the Department of Agriculture and Consumer Services to fund

1662

easements pursuant to s. 570.71 (2) (a) and (b), the acquisition

1663

of state forest inholdings and additions pursuant to s. 589.07,

1664

the implementation of reforestation plans or sustainable forestry

1665

management practices, and for capital project expenditures as

1666

described in this section. At a minimum, 1 percent, and no more

1667

than 10 percent, of the funds allocated for the acquisition of

1668

inholdings and additions pursuant to this paragraph, shall be

1669

spent on capital project expenditures identified during the time

1670

of acquisition that meets land management planning activities

1671

necessary for public access may not exceed 10 percent of the

1672

funds allocated under this paragraph.

1673

(g) One and five-tenths percent to the Fish and Wildlife

1674

Conservation Commission to fund the acquisition of inholdings and

1675

additions to lands managed by the commission which are important

1676

to the conservation of fish and wildlife and for capital project

1677

expenditures as described in this section. At a minimum, 1

1678

percent, and no more than 10 percent, of the funds allocated

1679

pursuant to this paragraph, shall be spent on capital project

1680

expenditures identified during the time of acquisition that meets

1681

land management planning activities necessary for public access

1682

may not exceed 10 percent of the funds allocated under this

1683

paragraph.

1684

(h) One and five-tenths percent to the Department of

1685

Environmental Protection for the Florida Greenways and Trails

1686

Program, to acquire greenways and trails or greenways and trail

1687

systems pursuant to chapter 260, including, but not limited to,

1688

abandoned railroad rights-of-way and the Florida National Scenic

1689

Trail and for capital project expenditures as described in this

1690

section. At a minimum, 1 percent, and no more than 10 percent, of

1691

the funds allocated pursuant to this paragraph, shall be spent on

1692

capital project expenditures identified during the time of

1693

acquisition that meets land management planning activities

1694

necessary for public access may not exceed 10 percent of the

1695

funds allocated under this paragraph.

1696

(i) It is the intent of the Legislature that cash payments

1697

or proceeds of Florida Forever bonds distributed under this

1698

section shall be expended in an efficient and fiscally

1699

responsible manner. An agency that receives proceeds from Florida

1700

Forever bonds under this section may not maintain a balance of

1701

unencumbered funds in its Florida Forever subaccount beyond 3

1702

fiscal years from the date of deposit of funds from each bond

1703

issue. Any funds that have not been expended or encumbered after

1704

3 fiscal years from the date of deposit shall be distributed by

1705

the Legislature at its next regular session for use in the

1706

Florida Forever program.

1707

(j) For the purposes of paragraphs (d), (e), (f), and (g),

1708

and (h) the agencies which receive the funds shall develop their

1709

individual acquisition or restoration lists in accordance with

1710

specific criteria and numeric performance measures developed

1711

pursuant s. 259.035(4). Proposed additions may be acquired if

1712

they are identified within the original project boundary, the

1713

management plan required pursuant to s. 253.034(5), or the

1714

management prospectus required pursuant to s. 259.032(9)(d).

1715

Proposed additions not meeting the requirements of this paragraph

1716

shall be submitted to the Acquisition and Restoration Council for

1717

approval. The council may only approve the proposed addition if

1718

it meets two or more of the following criteria: serves as a link

1719

or corridor to other publicly owned property; enhances the

1720

protection or management of the property; would add a desirable

1721

resource to the property; would create a more manageable boundary

1722

configuration; has a high resource value that otherwise would be

1723

unprotected; or can be acquired at less than fair market value.

1724

(4) It is the intent of the Legislature that projects or

1725

acquisitions funded pursuant to paragraphs (3)(a) and (b)

1726

contribute to the achievement of the following goals, which shall

1727

be evaluated in accordance with specific criteria and numeric

1728

performance measures developed pursuant s. 259.035(4):

1729

(a) Enhance the coordination and completion of land

1730

acquisition projects, as measured by:

1731

1. The number of acres acquired through the state's land

1732

acquisition programs that contribute to the enhancement of

1733

essential natural resources, ecosystem service parcels, and

1734

connecting linkage corridors as identified and developed by the

1735

best available scientific analysis completion of Florida

1736

Preservation 2000 projects or projects begun before Preservation

1737

2000;

1738

2. The number of acres protected through the use of

1739

alternatives to fee simple acquisition; or

1740

3. The number of shared acquisition projects among Florida

1741

Forever funding partners and partners with other funding sources,

1742

including local governments and the Federal Government.

1743

(b) Increase the protection of Florida's biodiversity at

1744

the species, natural community, and landscape levels, as measured

1745

by:

1746

1. The number of acres acquired of significant strategic

1747

habitat conservation areas;

1748

2. The number of acres acquired of highest priority

1749

conservation areas for Florida's rarest species;

1750

3. The number of acres acquired of significant landscapes,

1751

landscape linkages, and conservation corridors, giving priority

1752

to completing linkages;

1753

4. The number of acres acquired of underrepresented native

1754

ecosystems;

1755

5. The number of landscape-sized protection areas of at

1756

least 50,000 acres that exhibit a mosaic of predominantly intact

1757

or restorable natural communities established through new

1758

acquisition projects or augmentations to previous projects; or

1759

6. The percentage increase in the number of occurrences of

1760

endangered species, threatened species, or species of special

1761

concern on publicly managed conservation areas.

1762

1763

functions of land, water, and wetland systems of the state, as

1764

measured by:

1765

1. The number of acres of publicly owned land identified as

1766

needing restoration, acres undergoing restoration, and acres with

1767

restoration activities completed;

1768

2. The percentage of water segments that fully meet,

1769

partially meet, or do not meet their designated uses as reported

1770

in the Department of Environmental Protection's State Water

1771

Quality Assessment 305(b) Report;

1772

3. The percentage completion of targeted capital

1773

improvements in surface water improvement and management plans

1774

created under s. 373.453(2), regional or master stormwater

1775

management system plans, or other adopted restoration plans;

1776

4. The number of acres acquired that protect natural

1777

floodplain functions;

1778

5. The number of acres acquired that protect surface waters

1779

of the state;

1780

6. The number of acres identified for acquisition to

1781

minimize damage from flooding and the percentage of those acres

1782

acquired;

1783

7. The number of acres acquired that protect fragile

1784

coastal resources;

1785

8. The number of acres of functional wetland systems

1786

protected;

1787

9. The percentage of miles of critically eroding beaches

1788

contiguous with public lands that are restored or protected from

1789

further erosion;

1790

10. The percentage of public lakes and rivers in which

1791

invasive, nonnative aquatic plants are under maintenance control;

1792

1793

11. The number of acres of public conservation lands in

1794

which upland invasive, exotic plants are under maintenance

1795

control.

1796

12. The number of acres restored or enhanced that serve as

1797

habitat for imperiled species which advance the goals and

1798

objectives of Florida Fish and Wildlife Conservation Commission

1799

approved species or habitat recovery plans.

1800

(d) Ensure that sufficient quantities of water are

1801

available to meet the current and future needs of natural systems

1802

and the citizens of the state, as measured by:

1803

1. The number of acres acquired which provide retention and

1804

storage of surface water in naturally occurring storage areas,

1805

such as lakes and wetlands, consistent with the maintenance of

1806

water resources or water supplies and consistent with district

1807

water supply plans;

1808

2. The quantity of water made available through the water

1809

resource development component of a district water supply plan

1810

for which a water management district is responsible; or

1811

3. The number of acres acquired of groundwater recharge

1812

areas critical to springs, sinks, aquifers, other natural

1813

systems, or water supply.

1814

(e) Increase natural resource-based public recreational and

1815

educational opportunities, as measured by:

1816

1. The number of acres acquired that are available for

1817

natural resource-based public recreation or education;

1818

2. The miles of trails that are available for public

1819

recreation, giving priority to those that provide significant

1820

connections including those that will assist in completing the

1821

Florida National Scenic Trail; or

1822

3. The number of new resource-based recreation facilities,

1823

by type, made available on public land.

1824

(f) Preserve significant archaeological or historic sites,

1825

as measured by:

1826

1. The increase in the number of and percentage of historic

1827

and archaeological properties listed in the Florida Master Site

1828

File or National Register of Historic Places which are protected

1829

or preserved for public use; or

1830

2. The increase in the number and percentage of historic

1831

and archaeological properties that are in state ownership.

1832

(g) Increase the amount of forestland available for

1833

sustainable management of natural resources, as measured by:

1834

1. The number of acres acquired that are available for

1835

sustainable forest management;

1836

2. The number of acres of state-owned forestland managed

1837

for economic return in accordance with current best management

1838

practices;

1839

3. The number of acres of forestland acquired that will

1840

serve to maintain natural groundwater recharge functions; or

1841

4. The percentage and number of acres identified for

1842

restoration actually restored by reforestation.

1843

(h) Increase the amount of open space available in urban

1844

areas, as measured by:

1845

1. The percentage of local governments that participate in

1846

land acquisition programs and acquire open space in urban cores;

1847

1848

2. The percentage and number of acres of purchases of open

1849

space within urban service areas.

1850

1851

Florida Forever projects and acquisitions funded pursuant to

1852

paragraph (3)(c) shall be measured by goals developed by rule by

1853

the Florida Communities Trust Governing Board created in s.

1854

380.504.

1855

(5)(a) All lands acquired pursuant to this section shall be

1856

managed for multiple-use purposes, where compatible with the

1857

resource values of and management objectives for such lands. As

1858

used in this section, "multiple-use" includes, but is not limited

1859

to, outdoor recreational activities as described in ss. 253.034

1860

and 259.032(9)(b), water resource development projects, and

1861

sustainable forestry management, carbon sequestration, carbon

1862

mitigation, or carbon offsets.

1863

(b) Upon a decision by the entity in which title to lands

1864

acquired pursuant to this section has vested, such lands may be

1865

designated single use as defined in s. 253.034(2)(b).

1866

1867

the Internal Improvement Trust Fund shall adopt rules, pertaining

1868

to the use of state lands for carbon sequestration, carbon

1869

mitigation, or carbon offsets, that provide for climate change

1870

related benefits.

1871

(6) As provided in this section, a water resource or water

1872

supply development project may be allowed only if the following

1873

conditions are met: minimum flows and levels have been

1874

established for those waters, if any, which may reasonably be

1875

expected to experience significant harm to water resources as a

1876

result of the project; the project complies with all applicable

1877

permitting requirements; and the project is consistent with the

1878

regional water supply plan, if any, of the water management

1879

district and with relevant recovery or prevention strategies if

1880

required pursuant to s. 373.0421(2).

1881

(7)(a) Beginning no later than July 1, 2001, and every year

1882

thereafter, the Acquisition and Restoration Council shall accept

1883

applications from state agencies, local governments, nonprofit

1884

and for-profit organizations, private land trusts, and

1885

individuals for project proposals eligible for funding pursuant

1886

to paragraph (3)(b). The council shall evaluate the proposals

1887

received pursuant to this subsection to ensure that they meet at

1888

least one of the criteria under subsection (9).

1889

(b) Project applications shall contain, at a minimum, the

1890

following:

1891

1. A minimum of two numeric performance measures that

1892

directly relate to the overall goals adopted by the council. Each

1893

performance measure shall include a baseline measurement, which

1894

is the current situation; a performance standard which the

1895

project sponsor anticipates the project will achieve; and the

1896

performance measurement itself, which should reflect the

1897

incremental improvements the project accomplishes towards

1898

achieving the performance standard.

1899

2. Proof that property owners within any proposed

1900

acquisition have been notified of their inclusion in the proposed

1901

project. Any property owner may request the removal of such

1902

property from further consideration by submitting a request to

1903

the project sponsor or the Acquisition and Restoration Council by

1904

certified mail. Upon receiving this request, the council shall

1905

delete the property from the proposed project; however, the board

1906

of trustees, at the time it votes to approve the proposed project

1907

lists pursuant to subsection (16), may add the property back on

1908

to the project lists if it determines by a super majority of its

1909

members that such property is critical to achieve the purposes of

1910

the project.

1911

1912

vest in the Board of Trustees of the Internal Improvement Trust

1913

Fund, except that title to lands acquired by a water management

1914

district shall vest in the name of that district and lands

1915

acquired by a local government shall vest in the name of the

1916

purchasing local government. All deeds or leases with respect to

1917

any real property acquired with funds received by a water

1918

management district pursuant to this section shall contain a

1919

reversion, conveyance, or termination clause that will vest title

1920

in the Board of Trustees of the Internal Improvement Trust Fund

1921

prior to any disposition or surplus of such lands.

1922

(8) The Acquisition and Restoration Council shall develop a

1923

project list that shall represent those projects submitted

1924

pursuant to subsection (7).

1925

(9) The Acquisition and Restoration Council shall adopt an

1926

annual workplan that provides a priority ranking for recommend

1927

rules for adoption by the board of trustees to competitively

1928

evaluate, select, and rank projects eligible for Florida Forever

1929

funds pursuant to paragraph (3)(b) and for additions to the

1930

Conservation and Recreation Lands list pursuant to ss. 259.032

1931

and 259.101(4). In developing the workplan these proposed rules,

1932

the Acquisition and Restoration Council shall give weight to the

1933

following criteria:

1934

(a) The project meets multiple goals described in

1935

subsection (4).

1936

(b) The project is part of an ongoing governmental effort

1937

to restore, protect, or develop land areas or water resources.

1938

1939

properties already under public ownership.

1940

(d) The project has significant archaeological or historic

1941

value.

1942

(e) The project has funding sources that are identified and

1943

assured through at least the first 2 years of the project.

1944

(f) The project contributes to the solution of water

1945

resource problems on a regional basis.

1946

(g) The project has a significant portion of its land area

1947

in imminent danger of development, in imminent danger of losing

1948

its significant natural attributes or recreational open space, or

1949

in imminent danger of subdivision which would result in multiple

1950

ownership and make acquisition of the project costly or less

1951

likely to be accomplished.

1952

(h) The project implements an element from a plan developed

1953

by an ecosystem management team.

1954

(i) The project is one of the components of the Everglades

1955

restoration effort.

1956

(j) The project may be purchased at 80 percent of appraised

1957

value.

1958

(k) The project may be acquired, in whole or in part, using

1959

tax incentives, mitigation funds or other revenues, and

1960

alternatives to fee simple, including but not limited to,

1961

purchase of development rights, hunting rights, agricultural or

1962

silvicultural rights, or mineral rights or obtaining conservation

1963

easements or flowage easements.

1964

(l) The project is a joint acquisition, either among public

1965

agencies, nonprofit organizations, or private entities, or by a

1966

public-private partnership.

1967

(10) The Acquisition and Restoration Council shall give

1968

increased priority to those projects for which matching funds are

1969

available and to project elements previously identified on an

1970

acquisition list pursuant to this section that can be acquired at

1971

80 percent or less of appraised value. The council shall also

1972

give increased priority to those projects where the state's land

1973

conservation plans overlap with the military's need to protect

1974

lands, water, and habitat to ensure the sustainability of

1975

military missions including:

1976

(a) Protecting habitat on nonmilitary land for any species

1977

found on military land that is designated as threatened or

1978

endangered, or is a candidate for such designation under the

1979

Endangered Species Act or any Florida statute;

1980

(b) Protecting areas underlying low-level military air

1981

corridors or operating areas; and

1982

1983

potential zones, and air installation compatible use buffer zones

1984

delineated by our military partners, and for which federal or

1985

other funding is available to assist with the project.

1986

(11) For the purposes of funding projects pursuant to

1987

paragraph (3)(a), the Secretary of Environmental Protection shall

1988

ensure that each water management district receives the following

1989

percentage of funds annually:

1990

(a) Thirty-five percent to the South Florida Water

1991

Management District, of which amount $25 million for 2 years

1992

beginning in fiscal year 2000-2001 shall be transferred by the

1993

Department of Environmental Protection into the Save Our

1994

Everglades Trust Fund and shall be used exclusively to implement

1995

the comprehensive plan under s. 373.470.

1996

(b) Twenty-five percent to the Southwest Florida Water

1997

Management District.

1998

1999

Management District.

2000

(d) Seven and one-half percent to the Suwannee River Water

2001

Management District.

2002

(e) Seven and one-half percent to the Northwest Florida

2003

Water Management District.

2004

(12) It is the intent of the Legislature that in developing

2005

the list of projects for funding pursuant to paragraph (3)(a),

2006

that these funds not be used to abrogate the financial

2007

responsibility of those point and nonpoint sources that have

2008

contributed to the degradation of water or land areas. Therefore,

2009

an increased priority shall be given by the water management

2010

district governing boards to those projects that have secured a

2011

cost-sharing agreement allocating responsibility for the cleanup

2012

of point and nonpoint sources.

2013

(13) An affirmative vote of five members of the Acquisition

2014

and Restoration Council shall be required in order to place a

2015

proposed project on the list developed pursuant to subsection

2016

(8). Any member of the council who by family or a business

2017

relationship has a connection with any project proposed to be

2018

ranked shall declare such interest prior to voting for a

2019

project's inclusion on the list.

2020

(14) Each year that cash disbursements or bonds are to be

2021

issued pursuant to this section, the Acquisition and Restoration

2022

Council shall review the most current approved project list and

2023

shall, by the first board meeting in May, present to the Board of

2024

Trustees of the Internal Improvement Trust Fund for approval a

2025

listing of projects developed pursuant to subsection (8). The

2026

board of trustees may remove projects from the list developed

2027

pursuant to this subsection, but may not add projects or

2028

rearrange project rankings.

2029

(15) The Acquisition and Restoration Council shall submit

2030

to the board of trustees, with its list of projects, a report

2031

that includes, but shall not be limited to, the following

2032

information for each project listed:

2033

(a) The stated purpose for inclusion.

2034

(b) Projected costs to achieve the project goals.

2035

2036

associated with immediate public access.

2037

(d) Specific performance measures.

2038

(e) Plans for public access.

2039

(f) An identification of the essential parcel or parcels

2040

within the project without which the project cannot be properly

2041

managed.

2042

(g) Where applicable, an identification of those projects

2043

or parcels within projects which should be acquired in fee simple

2044

or in less than fee simple.

2045

(h) An identification of those lands being purchased for

2046

conservation purposes.

2047

(i) A management policy statement for the project and a

2048

management prospectus pursuant to s. 259.032(9)(d).

2049

(j) An estimate of land value based on county tax assessed

2050

values.

2051

(k) A map delineating project boundaries.

2052

(l) An assessment of the project's ecological value,

2053

outdoor recreational value, forest resources, wildlife resources,

2054

ownership pattern, utilization, and location.

2055

(m) A discussion of whether alternative uses are proposed

2056

for the property and what those uses are.

2057

(n) A designation of the management agency or agencies.

2058

(16) All proposals for projects pursuant to paragraph

2059

(3)(b) or subsection (20) shall be implemented only if adopted by

2060

the Acquisition and Restoration Council and approved by the board

2061

of trustees. The council shall consider and evaluate in writing

2062

the merits and demerits of each project that is proposed for

2063

Florida Forever funding and each proposed addition to the

2064

Conservation and Recreation Lands list program. The council shall

2065

ensure that each proposed project will meet a stated public

2066

purpose for the restoration, conservation, or preservation of

2067

environmentally sensitive lands and water areas or for providing

2068

outdoor recreational opportunities and that each proposed

2069

addition to the Conservation and Recreation Lands list will meet

2070

the public purposes under s. 259.032(3) and, when applicable, s.

2071

259.101(4). The council also shall determine whether the project

2072

or addition conforms, where applicable, with the comprehensive

2073

plan developed pursuant to s. 259.04(1)(a), the comprehensive

2074

multipurpose outdoor recreation plan developed pursuant to s.

2075

375.021, the state lands management plan adopted pursuant to s.

2076

253.03(7), the water resources work plans developed pursuant to

2077

s. 373.199, and the provisions of this section.

2078

(17)(a) The Board of Trustees of the Internal Improvement

2079

Trust Fund, or, in the case of water management district lands,

2080

the owning water management district, may authorize the granting

2081

of a lease, easement, or license for the use of certain lands

2082

acquired pursuant to this section, for certain uses that are

2083

determined by the appropriate board to be compatible with the

2084

resource values of and management objectives for such lands.

2085

(b) Any existing lease, easement, or license acquired for

2086

incidental public or private use on, under, or across any lands

2087

acquired pursuant to this section shall be presumed to be

2088

compatible with the purposes for which such lands were acquired.

2089

2090

such lease, easement, or license shall be entered into by the

2091

Department of Environmental Protection or other appropriate state

2092

agency if the granting of such lease, easement, or license would

2093

adversely affect the exclusion of the interest on any revenue

2094

bonds issued to fund the acquisition of the affected lands from

2095

gross income for federal income tax purposes, pursuant to

2096

Internal Revenue Service regulations.

2097

(18) The Acquisition and Restoration Council shall

2098

recommend adoption of rules by the board of trustees necessary to

2099

implement the provisions of this section relating to:

2100

solicitation, scoring, selecting, and ranking of Florida Forever

2101

project proposals; disposing of or leasing lands or water areas

2102

selected for funding through the Florida Forever program; and the

2103

process of reviewing and recommending for approval or rejection

2104

the land management plans associated with publicly owned

2105

properties. Rules promulgated pursuant to this subsection shall

2106

be submitted to the President of the Senate and the Speaker of

2107

the House of Representatives, for review by the Legislature, no

2108

later than 30 days prior to the 2010 2001 Regular Session and

2109

shall become effective only after legislative review. In its

2110

review, the Legislature may reject, modify, or take no action

2111

relative to such rules. The board of trustees shall conform such

2112

rules to changes made by the Legislature, or, if no action was

2113

taken by the Legislature, such rules shall become effective.

2114

(19) Lands listed as projects for acquisition under the

2115

Florida Forever program may be managed for conservation pursuant

2116

to s. 259.032, on an interim basis by a private party in

2117

anticipation of a state purchase in accordance with a contractual

2118

arrangement between the acquiring agency and the private party

2119

that may include management service contracts, leases, cost-share

2120

arrangements, or resource conservation agreements. Lands

2121

designated as eligible under this subsection shall be managed to

2122

maintain or enhance the resources the state is seeking to protect

2123

by acquiring the land and to accelerate public access to the

2124

lands as soon as practicable. Funding for these contractual

2125

arrangements may originate from the documentary stamp tax revenue

2126

deposited into the Conservation and Recreation Lands Trust Fund

2127

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

2128

funds allocated under the trust funds shall be expended for this

2129

purpose.

2130

(20) The Acquisition and Restoration Council, as successors

2131

to the Land Acquisition and Management Advisory Council, may

2132

amend existing Conservation and Recreation Lands projects and add

2133

to or delete from the 2000 Conservation and Recreation Lands list

2134

until funding for the Conservation and Recreation Lands program

2135

has been expended. The amendments to the 2000 Conservation and

2136

Recreation Lands list will be reported to the board of trustees

2137

in conjunction with the council's report developed pursuant to

2138

subsection (15).

2139

Section 13. Subsection (1) of section 259.1051, Florida

2140

Statutes, is amended to read:

2141

259.1051 Florida Forever Trust Fund.--

2142

(1) There is created the Florida Forever Trust Fund to

2143

carry out the purposes of ss. 259.032, 259.105, 259.1052, and

2144

375.031. The Florida Forever Trust Fund shall be held and

2145

administered by the Department of Environmental Protection.

2146

Proceeds from the sale of bonds, except proceeds of refunding

2147

bonds, issued under s. 215.618 and payable from moneys

2148

transferred to the Land Acquisition Trust Fund under s.

2149

201.15(1)(a), not to exceed $5.3 $3 billion, must be deposited

2150

into this trust fund to be distributed and used as provided in s.

2151

259.105(3). The bond resolution adopted by the governing board of

2152

the Division of Bond Finance of the State Board of Administration

2153

may provide for additional provisions that govern the

2154

disbursement of the bond proceeds.

2155

Section 14. Subsection (1) of section 373.1391, Florida

2156

Statutes, is amended to read:

2157

373.1391 Management of real property.--

2158

(1)(a) Lands titled to the governing boards of the

2159

districts shall be managed and maintained, to the extent

2160

practicable, in such a way as to ensure a balance between public

2161

access, general public recreational purposes, and restoration and

2162

protection of their natural state and condition. Except when

2163

prohibited by a covenant or condition described in s. 373.056(2),

2164

lands owned, managed, and controlled by the district may be used

2165

for multiple purposes, including, but not limited to,

2166

agriculture, silviculture, and water supply, as well as boating

2167

and other recreational uses.

2168

(b) Whenever practicable, such lands shall be open to the

2169

general public for recreational uses. General public recreational

2170

purposes shall include, but not be limited to, fishing, hunting,

2171

horseback riding, swimming, camping, hiking, canoeing, boating,

2172

diving, birding, sailing, jogging, and other related outdoor

2173

activities to the maximum extent possible considering the

2174

environmental sensitivity and suitability of those lands. These

2175

public lands shall be evaluated for their resource value for the

2176

purpose of establishing which parcels, in whole or in part,

2177

annually or seasonally, would be conducive to general public

2178

recreational purposes. Such findings shall be included in

2179

management plans which are developed for such public lands. These

2180

lands shall be made available to the public for these purposes,

2181

unless the district governing board can demonstrate that such

2182

activities would be incompatible with the purposes for which

2183

these lands were acquired. The department in its supervisory

2184

capacity shall ensure that the districts provide consistent

2185

levels of public access to district lands, consistent with the

2186

purposes for which the lands were acquired.

2187

2188

dispute arises that has not been resolved by a water management

2189

district's final agency action, that dispute must be resolved

2190

under chapter 120.

2191

(d) For any fee simple acquisition of a parcel which is or

2192

will be leased back for agricultural purposes, or for any

2193

acquisition of a less-than-fee interest in lands that is or will

2194

be used for agricultural purposes, the district governing board

2195

shall first consider having a soil and water conservation

2196

district created pursuant to chapter 582 manage and monitor such

2197

interest.

2198

Section 15. Subsection (4) of section 373.199, Florida

2199

Statutes, is amended to read:

2200

373.199 Florida Forever Water Management District Work

2201

Plan.--

2202

(4) The list submitted by the districts shall include,

2203

where applicable, the following information for each project:

2204

(a) A description of the water body system, its historical

2205

and current uses, and its hydrology; a history of the conditions

2206

which have led to the need for restoration or protection; and a

2207

synopsis of restoration efforts that have occurred to date, if

2208

applicable.

2209

(b) An identification of all governmental units that have

2210

jurisdiction over the water body and its drainage basin within

2211

the approved surface water improvement and management plan area,

2212

including local, regional, state, and federal units.

2213

2214

drainage basin, and of important tributaries, point and nonpoint

2215

sources of pollution, and permitted discharge activities

2216

associated with that basin.

2217

(d) A description of strategies and potential strategies,

2218

including improved stormwater management, for restoring or

2219

protecting the water body to Class III or better surface water

2220

quality status.

2221

(e) A listing and synopsis of studies that are being or

2222

have been prepared for the water body, stormwater management

2223

project, or water resource development project.

2224

(f) A description of the measures needed to manage and

2225

maintain the water body once it has been restored and to prevent

2226

future degradation, to manage and maintain the stormwater

2227

management system, or to manage and maintain the water resource

2228

development project.

2229

(g) A schedule for restoration and protection of the water

2230

body, implementation of the stormwater management project, or

2231

development of the water resource development project.

2232

(h) A clear and concise An estimate of the funding needed

2233

to carry out the restoration, protection, or improvement project,

2234

or the development of new water resources, where applicable, and

2235

a clear and concise identification of the projected sources and

2236

uses of Florida Forever funds of the funding.

2237

(i) Numeric performance measures for each project. Each

2238

performance measure shall include a baseline measurement, which

2239

is the current situation; a performance standard, which water

2240

management district staff anticipates the project will achieve;

2241

and the performance measurement itself, which should reflect the

2242

incremental improvements the project accomplishes towards

2243

achieving the performance standard. These measures shall reflect

2244

the relevant goals detailed in s. 259.105(4).

2245

(j) A discussion of permitting and other regulatory issues

2246

related to the project.

2247

(k) An identification of the proposed public access for

2248

projects with land acquisition components, including the Florida

2249

National Scenic Trail.

2250

(l) An identification of those lands which require a full

2251

fee simple interest to achieve water management goals and those

2252

lands which can be acquired using alternatives to fee simple

2253

acquisition techniques and still achieve such goals. In their

2254

evaluation of which lands would be appropriate for acquisition

2255

through alternatives to fee simple, district staff shall consider

2256

criteria including, but not limited to, acquisition costs, the

2257

net present value of future land management costs, the net

2258

present value of ad valorem revenue loss to the local government,

2259

and potential for revenue generated from activities compatible

2260

with acquisition objectives.

2261

(m) An identification of lands needed to protect or

2262

recharge groundwater and a plan for their acquisition as

2263

necessary to protect potable water supplies. Lands which serve to

2264

protect or recharge groundwater identified pursuant to this

2265

paragraph shall also serve to protect other valuable natural

2266

resources or provide space for natural resource based recreation.

2267

Section 16. Subsection (3) of section 375.075, Florida

2268

Statutes, is amended to read:

2269

375.075 Outdoor recreation; financial assistance to local

2270

governments.--

2271

(3) A local government may submit up to three two grant

2272

applications during each application period announced by the

2273

department. However, a local government may not have more than

2274

four three active projects expending grant funds during any state

2275

fiscal year. The maximum project grant for each project

2276

application may not exceed $500,000 $200,000 in state funds.

2277

Section 17. This act shall take effect July 1, 2008.

2278

2279

================ T I T L E A M E N D M E N T ================

2280

And the title is amended as follows:

2281

Delete everything before the enacting clause

2282

and insert:

2283

A bill to be entitled

2284

An act relating to land acquisition and management;

2285

amending s. 201.15, F.S.; distributing taxes collected

2286

debt service; extending the deadline of Florida Forever

2287

bond retirement; amending s. 215.618, F.S.; authorizing

2288

the distribution of bonds for acquisition of conservation

2289

lands; increasing the bonding authority for issuance of

2290

Florida Forever bonds; directing the Legislature to

2291

complete a debt analysis prior to the issuance of any such

2292

bonds by a date certain; directing the Legislature to

2293

complete an analysis on potential revenue sources by a

2294

date certain; amending s. 253.025, F.S.; requiring

2295

appraisals of land under certain circumstances; deleting

2296

provisions that allow appraisers to reject an appraisal

2297

report under certain conditions; providing authority to

2298

the Board of Trustees of the Internal Improvement Trust

2299

Fund to waive sales history requirements under certain

2300

conditions; amending s. 253.0325, F.S.; requiring the

2301

Department of Environmental Protection to modernize

2302

information systems; requiring a annual report of state

2303

lands acquired by each recipient of funds; amending s.

2304

253.034, F.S.; determining which state-owned lands may be

2305

surplus; requiring additional appraisals under certain

2306

conditions; providing authority to the Fish and Wildlife

2307

Conservation Commission to manage lands for imperiled

2308

species under certain conditions; amending s. 253.111,

2309

F.S.; requiring notice requirements of the sale of state-

2310

owned lands; amending s. 253.82, F.S.; determining

2311

requirements of sale of nonsovereignty lands owned by the

2312

Board of Trustees of the Internal Improvement Trust Fund;

2313

deleting appraisal limitations; amending s. 259.032, F.S.;

2314

requiring priority purchase of conservation and

2315

recreational lands with high concentrations of population;

2316

authorizing payment in lieu of taxes to purchase

2317

conservation lands; establishing a minimum for funds

2318

expended for the management of state-owned land; deleting

2319

obsolete provisions; amending s. 259.035, F.S.;

2320

authorizing the Acquisition and Restoration Council;

2321

establishing membership criteria; directing the council to

2322

establish specific criteria and numeric performance

2323

measures for the acquisition of land; amending s. 259.041,

2324

F.S.; relating to the acquisition of state-owned lands for

2325

preservation, conservation, and recreation purposes;

2326

requiring Legislative approval for acquisitions by the

2327

state exceeding a certain amount; increasing appraisal

2328

thresholds; requiring specific language be included on

2329

option contracts; amending s. 259.105, F.S.; relating to

2330

the Florida Forever Act; providing Legislative intent;

2331

provides for funds to be deposited in the Florida Forever

2332

Trust Fund; requiring bonded monies be spent for capital

2333

improvements under certain conditions; provides for the

2334

expenditure of funds for conservation and agricultural

2335

easements under certain conditions; provides for the

2336

inclusion of carbon sequestration as a multiple use;

2337

provides ruling making authority for the board; provides

2338

for the reversion of lands to the board under certain

2339

conditions; requires an annual workplan be developed by

2340

the council; provides allowances for alternatives to fee-

2341

simple purchases; deletes obsolete language; amending s.

2342

259.1051, F.S.; authorizing the Florida Forever Trust

2343

fund; increasing bonding authority; amending s. 373.1391,

2344

F.S.; providing additional oversight authority to the

2345

department; amending s. 373.199, F.S.; clarifying work

2346

plan requirements; amending s. 375.075, F.S.; providing

2347

financial assistance to local governments for outdoor

2348

recreation; increasing application and grant limitations;

2349

providing an effective date.

4/1/2008 7:02:00 PM EP.EP.06453

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