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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Delete line(s) 323 through 705

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and insert:

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(2)  As used in this section, the following phrases have the

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following meanings:

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     (d) "Public access," as used in this chapter and chapter

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259, means access by the general public to state lands and water,

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including vessel access made possible by boat ramps, docks, and

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associated support facilities, where compatible with conservation

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and recreation objectives.

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

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any other conveyance for which no consideration was paid, and

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which are not managed for conservation, outdoor resource-based

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recreation, or archaeological or historic preservation under a

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land management plan approved by the board of trustees are not

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conservation lands.

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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 ensure 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, describe both

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short-term and long-term management goals, and include measurable

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objectives to achieve those goals. Short-term goals shall be

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achievable within a 2-year planning period and long-term goals

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shall be achievable within a 10-year planning period. These

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short-term and long-term management goals shall be the basis for

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all subsequent land management activities.

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

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measurable 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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     (c) The land management plan shall at a minimum contain the

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following elements:

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     1. A physical description of the land.

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     2. A quantitative data description of the land which

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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 his

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or her assignee.

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

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land management goal, the associated measurable 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 which contains

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short-term and long-term land management goals and the related

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measurable objective and activities. The schedule shall include

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for each activity a timeline for completion, quantitative

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measures, and detailed expense and manpower budgets. The schedule

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shall provide a management tool that facilitates development of

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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 lands

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using the categories described in s. 259.037(3).

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     (d) Upon completion, the land management plan will be

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transmitted to the Acquisition and Restoration Council for

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review. The Acquisition and Restoration Council shall have 90

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days to review the plan and submit its recommendations to the

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Board of Trustees. During the review period, the land management

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plan may be revised if agreed to by the primary land manager and

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the Acquisition and Restoration Council taking into consideration

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public input. If the Acquisition and Restoration Council fails

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to make a recommendation for a land management plan, the

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Secretary of the Department of Environmental Protection,

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Commissioner of Agriculture, or Executive Director of the Fish

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and Wildlife Conservation Commission or their designees shall

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submit the land management plan to the Board of Trustees. The

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land management plan becomes effective upon approval by the Board

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of Trustees.

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     (e) Beginning July 1, 2010, and biennially thereafter,

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state lands with an approved land management plan shall be

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monitored for land management activities by a monitoring team.

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The Division of State Lands shall coordinate the activities of

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the review team which shall consist of three members. One member

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shall be selected by the Secretary of the Department of

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Environmental Protection, or their designee, and shall have

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experience with public recreation or use administration. One

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member shall be selected by the Commissioner of Agriculture, or

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their designee, and shall have experience with applied land

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management. One member shall be selected by the Executive

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Director of the Fish and Wildlife Conservation Commission, or

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their designee, and shall have experience with applied habitat

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management. The monitoring team shall prepare a monitoring

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report that assesses the progress towards achieving short-term

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and long-term land management goals and shall propose corrective

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actions for identified deficiencies in management activities.

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The monitoring report shall be submitted to the Acquisition and

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Restoration Council and the managing agency. The Acquisition and

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Restoration Council shall review the monitoring report and

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determine whether the deficiencies warrant a corrective action

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plan or revisions to the management plan. Significant and

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recurring deficiencies shall be brought to the Board of Trustees,

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which shall determine whether the corrective actions being

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proposed by the land manager and the Acquisition and Restoration

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Council sufficiently address the deficiencies. Corrective

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actions plans shall be prepared and submitted in the same manner

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as land management plans.

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     (f) Land management plans are to be updated every 10 years

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on a rotating basis.

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     (g) In developing land management plans, at least one

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public hearing shall be held in each affected county.

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

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the public an electronic copy of each land management plan for

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parcels that exceed 160 acres in size. The Division of State

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Lands council shall review each plan for compliance with the

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requirements of this subsection, the requirements of chapter 259,

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and the requirements of the rules established by the board

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pursuant to this section. The council shall also consider the

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propriety of the recommendations of the managing entity with

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regard to the future use of the property, the protection of

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fragile or nonrenewable resources, the potential for alternative

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

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possibility of disposal of the property by the board. After its

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review, the council shall submit the plan, along with its

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recommendations and comments, to the board. The council shall

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specifically recommend to the board whether to approve the plan

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as submitted, approve the plan with modifications, or reject the

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plan. If the Acquisition and Restoration Council fails to make a

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recommendation for a land management plan, the Secretary of the

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Department of Environmental Protection, Commissioner of

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Agriculture, or Executive Director of the Fish and Wildlife

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Conservation Commission or their designees shall submit the land

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management plan to the Board of Trustees.

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     (i)(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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     (c)  At least every 10 years, as a component of each land

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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 shall pay all

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appraisal costs, and the price paid by the state to originally

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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

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administering surplus land requests and criteria for when the

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division may approve requests to surplus nonconservation lands on

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behalf of the board.

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     (8)(a)  Notwithstanding other provisions of this section,

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the Division of State Lands is directed to prepare a state

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inventory of all federal lands and all lands titled in the name

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

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local government on a county-by-county basis. To facilitate the

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development of the state inventory, each county shall direct the

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appropriate county office with authority over the information to

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provide the division with a county inventory of all lands

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identified as federal lands and lands titled in the name of the

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state, a state agency, a water management district, or a local

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government. The Legislature recognizes the value of the state's

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conservation lands as water recharge areas and air filters and,

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in an effort to better understand the scientific underpinnings of

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carbon sequestration, carbon capture, and greenhouse gas

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mitigation, to inform policymakers and decisionmakers, and to

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provide the infrastructure for land owners, the Division of State

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Lands shall contract with an organization experienced and

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specialized in carbon sinks and emission budgets to conduct an

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inventory of all lands that were acquired pursuant to

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Preservation 2000 and Florida Forever and that were titled in the

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name of the Board of Trustees of the Internal Improvement Trust

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Fund. The inventory shall determine the value of carbon capture

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and carbon sequestration. Such inventory shall consider potential

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carbon offset values of changes in land management practices,

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including, but not limited to, replanting of trees, routine

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prescribed burns, and land use conversion. Such an inventory

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shall be completed and presented to the board of trustees by July

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1, 2009.

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     (b)  The state inventory must distinguish between lands

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

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a core parcel or within original project boundaries, as those

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terms are used to meet the surplus requirements of subsection

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(6), and lands purchased by the state, a state agency, or a water

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management district which are not essential or necessary for

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conservation purposes.

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

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less, or a county having a population of 100,000 or fewer which

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less that is contiguous to a county having a population of 75,000

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

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the county boundary are federal lands and lands titled in the

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

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

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

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meet conservation purposes may, upon request of a public or

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private entity, be made available for purchase through the

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state's surplusing process. Rights-of-way for existing, proposed,

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or anticipated transportation facilities are exempt from the

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requirements of this paragraph. Priority consideration shall be

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given to buyers, public or private, willing to return the

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property to productive use so long as the property can be

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reentered onto the county ad valorem tax roll. Property acquired

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with matching funds from a local government shall not be made

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available for purchase without the consent of the local

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government.

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     (14)(a) All lands for which the Fish and Wildlife

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Conservation Commission acts as lead manager may be used for the

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recovery and management of imperiled species through the

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acquisition, restoration, enhancement, and management of

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ecosystems that can support the major life functions of such

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species and result in a net benefit to imperiled species habitat.

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For purposes of this subsection, the term "imperiled species"

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means plants and animals that are federally listed under the

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Endangered Species Act, or state-listed by the Fish and Wildlife

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Conservation Commission or Department of Agriculture and Consumer

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Services.

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(b) The management of imperiled species under this

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subsection shall be in accordance with Chapter 68A, Florida

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Administrative Code, or as determined by commission rule. The

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commission may receive conservation grants or donations, for the

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management of lands identified in (a), pursuant to s. 372.074.

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The provisions in this paragraph shall expire upon the adoption

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of the imperiled species workplan by the Board of Trustees

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pursuant to paragraph (c).

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(c) By December 1, 2009, the commission, in cooperation

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with the Department of Environmental Protection and the

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Department of Agriculture and Consumer Services, shall develop an

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imperiled species workplan that shall be utilized for the

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recovery and management of imperiled species on all state lands.

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The workplan shall include, at a minimum, the recovery and

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management of imperiled species through the acquisition,

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restoration, enhancement, and management of ecosystems that can

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support the major life functions of such species. The work plan

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shall be submitted to the Board of Trustees for adoption by

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January 30, 2009. The board shall not delegate the final adoption

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of the work plan to any other agency.

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(d) By February 1, 2009, the commission, in cooperation

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with the Department of Environmental Protection and the

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Department of Agriculture and Consumer Services, shall submit its

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recommendations for the establishment of appropriate fees,

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received from public or private entities for projects to offset

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adverse impacts to imperiled species or such habitat and the use

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of such fees, to the President of the Senate and the Speaker of

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the House of Representatives. The Legislature shall approve, or

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approve with modifications such recommendations during the 2009

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regular session.

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(e) Beginning July 1, 2009, the commission may accept

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applications from lead managing agencies on all state lands for

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the acceptance of the recovery and management of imperiled

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species on all state lands provided they are consistent with the

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imperiled species management plan and land management plans

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established pursuant to s. 253.034. No applications shall be

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accepted prior to the establishment of fees pursuant to paragraph

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(d).

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

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

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House of Representatives on the efficacy of using state-owned

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

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imperiled species. This subsection expires July 1, 2014.

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4/15/2008  10:24:00 PM     EP.37.07757