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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Delete line(s) 1332-1426

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and insert:

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     259.035  Acquisition and Restoration Council.--

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     (1)  There is created the Acquisition and Restoration

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Council.

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     (a) The council shall be composed of eleven nine voting

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members, four of whom shall be appointed by the Governor. Of

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these four appointees, three shall be from scientific disciplines

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related to land, water, or environmental sciences and the fourth

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shall have at least 5 years of experience in managing lands for

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both active and passive types of recreation. They shall serve 4-

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year terms, except that, initially, to provide for staggered

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terms, two of the appointees shall serve 2-year terms. All

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

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shall serve more than 6 years. The Governor may at any time fill

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a vacancy for the unexpired term of a member appointed under this

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paragraph.

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

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Secretary of Environmental Protection, the director of the

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Division of Forestry of the Department of Agriculture and

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Consumer Services, the executive director of the Fish and

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Wildlife Conservation Commission, the director of the Division of

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Historical Resources of the Department of State, and the

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secretary of the Department of Community Affairs, or their

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respective designees.

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     (c) One member shall be appointed by the Commissioner of

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Agriculture with a discipline related to agriculture including

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silviculture. One member shall be appointed by the Fish and

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Wildlife Conservation Commission with a discipline related to

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wildlife management or wildlife ecology.

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     (d)(c) The Governor shall appoint the chair of the council,

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

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

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request of the chair.

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     (f)(e) The Department of Environmental Protection shall

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provide primary staff support to the council and shall ensure

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that council meetings are electronically recorded. Such recording

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shall be preserved pursuant to chapters 119 and 257.

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

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

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of this section.

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     (2) The four members of the council appointed pursuant to

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paragraph (a) and the two members of the council appointed

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pursuant to paragraph (c) by the Governor shall receive

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reimbursement for $75 per day while engaged in the business of

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

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attend council including attendance at meetings, as allowed state

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officers and employees while in the performance of their duties,

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pursuant to s. 112.061.

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

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trustees in reviewing the recommendations and plans for state-

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

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shall, in reviewing such recommendations and plans, consider the

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optimization of multiple-use and conservation strategies to

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

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and 259.105(3)(b).

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

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board of trustees, until it develops and recommends amendments to

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

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eligible for the Conservation and Recreation Lands list pursuant

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

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

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

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Council shall develop rules defining specific criteria and

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numeric performance measures needed for lands that are to be

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acquired for public purpose under the Florida Forever program

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

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

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rules shall be reviewed and adopted by the board then submitted

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

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

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

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implemented. Subsequent to their approval, each recipient of

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Florida Forever funds shall annually report to the Division of

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State Lands on each of the numeric performance measures

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accomplished during the previous fiscal year.

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     (c) In developing or amending the rules, the council shall

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

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of trustees shall review the recommendations and shall adopt

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rules necessary to administer this section.

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

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

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

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Any member of the council who by family or a business

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relationship has a connection with all or a portion of any

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proposed project shall declare the interest before voting on its

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inclusion on a list.

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

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

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

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consider and evaluate in writing the merits and demerits of each

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project that is proposed for Conservation and Recreation Lands,

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Florida Preservation 2000, or Florida Forever funding and shall

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ensure that each proposed project will meet a stated public

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purpose for the restoration, conservation, or preservation of

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environmentally sensitive lands and water areas or for providing

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outdoor recreational opportunities. The council also shall

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determine whether the project conforms, where applicable, with

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

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comprehensive multipurpose outdoor recreation plan developed

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

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

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

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

4/15/2008  4:06:00 PM     EP.37.07683