Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 542
531570
Senate
Floor: 7/AD/2R
4/16/2008 2:48 PM
.
.
.
.
.
House
1
Senator Saunders moved the following amendment:
2
3
Senate Amendment
4
Delete line(s) 323 through 705
5
and insert:
6
(2) As used in this section, the following phrases have the
7
following meanings:
8
(d) "Public access," as used in this chapter and chapter
9
259, means access by the general public to state lands and water,
10
including vessel access made possible by boat ramps, docks, and
11
associated support facilities, where compatible with conservation
12
and recreation objectives.
13
14
Lands acquired by the state as a gift, through donation, or by
15
any other conveyance for which no consideration was paid, and
16
which are not managed for conservation, outdoor resource-based
17
recreation, or archaeological or historic preservation under a
18
land management plan approved by the board of trustees are not
19
conservation lands.
20
(5) Each manager of conservation lands shall submit to the
21
Division of State Lands a land management plan at least every 10
22
years in a form and manner prescribed by rule by the board and in
23
accordance with the provisions of s. 259.032. Each manager of
24
conservation lands shall also update a land management plan
25
whenever the manager proposes to add new facilities or make
26
substantive land use or management changes that were not
27
addressed in the approved plan, or within 1 year of the addition
28
of significant new lands. Each manager of nonconservation lands
29
shall submit to the Division of State Lands a land use plan at
30
least every 10 years in a form and manner prescribed by rule by
31
the board. The division shall review each plan for compliance
32
with the requirements of this subsection and the requirements of
33
the rules established by the board pursuant to this section. All
34
land use plans, whether for single-use or multiple-use
35
properties, shall include an analysis of the property to
36
determine if any significant natural or cultural resources are
37
located on the property. Such resources include archaeological
38
and historic sites, state and federally listed plant and animal
39
species, and imperiled natural communities and unique natural
40
features. If such resources occur on the property, the manager
41
shall consult with the Division of State Lands and other
42
appropriate agencies to develop management strategies to protect
43
such resources. Land use plans shall also provide for the control
44
of invasive nonnative plants and conservation of soil and water
45
resources, including a description of how the manager plans to
46
control and prevent soil erosion and soil or water contamination.
47
Land use plans submitted by a manager shall include reference to
48
appropriate statutory authority for such use or uses and shall
49
conform to the appropriate policies and guidelines of the state
50
land management plan. Plans for managed areas larger than 1,000
51
acres shall contain an analysis of the multiple-use potential of
52
the property, which analysis shall include the potential of the
53
property to generate revenues to enhance the management of the
54
property. Additionally, the plan shall contain an analysis of the
55
potential use of private land managers to facilitate the
56
restoration or management of these lands. In those cases where a
57
newly acquired property has a valid conservation plan that was
58
developed by a soil and conservation district, such plan shall be
59
used to guide management of the property until a formal land use
60
plan is completed.
61
(a) State lands shall be managed to ensure the conservation
62
of the state's plant and animal species and to ensure the
63
accessibility of state lands for the benefit and enjoyment of all
64
people of the state, both present and future. Each land
65
management plan shall provide a desired outcome, describe both
66
short-term and long-term management goals, and include measurable
67
objectives to achieve those goals. Short-term goals shall be
68
achievable within a 2-year planning period and long-term goals
69
shall be achievable within a 10-year planning period. These
70
short-term and long-term management goals shall be the basis for
71
all subsequent land management activities.
72
(b) Short-term and long-term management goals shall include
73
measurable objectives for the following, as appropriate:
74
1. Habitat restoration and improvement.
75
2. Public access and recreational opportunities.
76
3. Hydrological preservation and restoration.
77
4. Sustainable forest management.
78
5. Exotic and invasive species maintenance and control.
79
6. Capital facilities and infrastructure.
80
7. Cultural and historical resources.
81
(c) The land management plan shall at a minimum contain the
82
following elements:
83
1. A physical description of the land.
84
2. A quantitative data description of the land which
85
includes an inventory of forest and other natural resources;
86
exotic and invasive plants; hydrological features;
87
infrastructure, including recreational facilities; and other
88
significant land, cultural, or historical features. The inventory
89
shall reflect the number of acres for each resource and feature,
90
when appropriate. The inventory shall be of such detail that
91
objective measures and benchmarks can be established for each
92
tract of land and monitored during the lifetime of the plan. All
93
quantitative data collected shall be aggregated, standardized,
94
collected, and presented in an electronic format to allow for
95
uniform management reporting and analysis. The information
96
collected by the Department of Environmental Protection pursuant
97
to s. 253.0325(2) shall be available to the land manager and his
98
or her assignee.
99
3. A detailed description of each short-term and long-term
100
land management goal, the associated measurable objectives, and
101
the related activities that are to be performed to meet the land
102
management objectives. Each land management objective must be
103
addressed by the land management plan and where practicable no
104
land management objective shall be performed to the detriment of
105
the other land management objectives.
106
4. A schedule of land management activities which contains
107
short-term and long-term land management goals and the related
108
measurable objective and activities. The schedule shall include
109
for each activity a timeline for completion, quantitative
110
measures, and detailed expense and manpower budgets. The schedule
111
shall provide a management tool that facilitates development of
112
performance measures.
113
5. A summary budget for the scheduled land management
114
activities of the land management plan. The summary budget shall
115
be prepared in such a manner that it facilitates computing an
116
aggregate of land management costs for all state-managed lands
117
using the categories described in s. 259.037(3).
118
(d) Upon completion, the land management plan will be
119
transmitted to the Acquisition and Restoration Council for
120
review. The Acquisition and Restoration Council shall have 90
121
days to review the plan and submit its recommendations to the
122
Board of Trustees. During the review period, the land management
123
plan may be revised if agreed to by the primary land manager and
124
the Acquisition and Restoration Council taking into consideration
125
public input. If the Acquisition and Restoration Council fails
126
to make a recommendation for a land management plan, the
127
Secretary of the Department of Environmental Protection,
128
Commissioner of Agriculture, or Executive Director of the Fish
129
and Wildlife Conservation Commission or their designees shall
130
submit the land management plan to the Board of Trustees. The
131
land management plan becomes effective upon approval by the Board
132
of Trustees.
133
(e) Beginning July 1, 2010, and biennially thereafter,
134
state lands with an approved land management plan shall be
135
monitored for land management activities by a monitoring team.
136
The Division of State Lands shall coordinate the activities of
137
the review team which shall consist of three members. One member
138
shall be selected by the Secretary of the Department of
139
Environmental Protection, or their designee, and shall have
140
experience with public recreation or use administration. One
141
member shall be selected by the Commissioner of Agriculture, or
142
their designee, and shall have experience with applied land
143
management. One member shall be selected by the Executive
144
Director of the Fish and Wildlife Conservation Commission, or
145
their designee, and shall have experience with applied habitat
146
management. The monitoring team shall prepare a monitoring
147
report that assesses the progress towards achieving short-term
148
and long-term land management goals and shall propose corrective
149
actions for identified deficiencies in management activities.
150
The monitoring report shall be submitted to the Acquisition and
151
Restoration Council and the managing agency. The Acquisition and
152
Restoration Council shall review the monitoring report and
153
determine whether the deficiencies warrant a corrective action
154
plan or revisions to the management plan. Significant and
155
recurring deficiencies shall be brought to the Board of Trustees,
156
which shall determine whether the corrective actions being
157
proposed by the land manager and the Acquisition and Restoration
158
Council sufficiently address the deficiencies. Corrective
159
actions plans shall be prepared and submitted in the same manner
160
as land management plans.
161
(f) Land management plans are to be updated every 10 years
162
on a rotating basis.
163
(g) In developing land management plans, at least one
164
public hearing shall be held in each affected county.
165
(h)(a) The Division of State Lands shall make available to
166
the public an electronic copy of each land management plan for
167
parcels that exceed 160 acres in size. The Division of State
168
Lands council shall review each plan for compliance with the
169
requirements of this subsection, the requirements of chapter 259,
170
and the requirements of the rules established by the board
171
pursuant to this section. The council shall also consider the
172
propriety of the recommendations of the managing entity with
173
regard to the future use of the property, the protection of
174
fragile or nonrenewable resources, the potential for alternative
175
or multiple uses not recognized by the managing entity, and the
176
possibility of disposal of the property by the board. After its
177
review, the council shall submit the plan, along with its
178
recommendations and comments, to the board. The council shall
179
specifically recommend to the board whether to approve the plan
180
as submitted, approve the plan with modifications, or reject the
181
plan. If the Acquisition and Restoration Council fails to make a
182
recommendation for a land management plan, the Secretary of the
183
Department of Environmental Protection, Commissioner of
184
Agriculture, or Executive Director of the Fish and Wildlife
185
Conservation Commission or their designees shall submit the land
186
management plan to the Board of Trustees.
187
(i)(b) The Board of Trustees of the Internal Improvement
188
Trust Fund shall consider the land management plan submitted by
189
each entity and the recommendations of the council and the
190
Division of State Lands and shall approve the plan with or
191
without modification or reject such plan. The use or possession
192
of any such lands that is not in accordance with an approved land
193
management plan is subject to termination by the board.
194
(6) The Board of Trustees of the Internal Improvement Trust
195
Fund shall determine which lands, the title to which is vested in
196
the board, may be surplused. For conservation lands, the board
197
shall make a determination that the lands are no longer needed
198
for conservation purposes and may dispose of them by an
199
affirmative vote of at least three members. In the case of a land
200
exchange involving the disposition of conservation lands, the
201
board must determine by an affirmative vote of at least three
202
members that the exchange will result in a net positive
203
conservation benefit. For all other lands, the board shall make a
204
determination that the lands are no longer needed and may dispose
205
of them by an affirmative vote of at least three members.
206
(a) For the purposes of this subsection, all lands acquired
207
by the state prior to July 1, 1999, using proceeds from the
208
Preservation 2000 bonds, the Conservation and Recreation Lands
209
Trust Fund, the Water Management Lands Trust Fund,
210
Environmentally Endangered Lands Program, and the Save Our Coast
211
Program and titled to the board, which lands are identified as
212
core parcels or within original project boundaries, shall be
213
deemed to have been acquired for conservation purposes.
214
(b) For any lands purchased by the state on or after July
215
1, 1999, a determination shall be made by the board prior to
216
acquisition as to those parcels that shall be designated as
217
having been acquired for conservation purposes. No lands acquired
218
for use by the Department of Corrections, the Department of
219
Management Services for use as state offices, the Department of
220
Transportation, except those specifically managed for
221
conservation or recreation purposes, or the State University
222
System or the Florida Community College System shall be
223
designated as having been purchased for conservation purposes.
224
(c) At least every 10 years, as a component of each land
225
management plan or land use plan and in a form and manner
226
prescribed by rule by the board, each manager shall evaluate and
227
indicate to the board those lands that are not being used for the
228
purpose for which they were originally leased. For conservation
229
lands, the council shall review and shall recommend to the board
230
whether such lands should be retained in public ownership or
231
disposed of by the board. For nonconservation lands, the division
232
shall review such lands and shall recommend to the board whether
233
such lands should be retained in public ownership or disposed of
234
by the board.
235
(d) Lands owned by the board which are not actively managed
236
by any state agency or for which a land management plan has not
237
been completed pursuant to subsection (5) shall be reviewed by
238
the council or its successor for its recommendation as to whether
239
such lands should be disposed of by the board.
240
(e) Prior to any decision by the board to surplus lands,
241
the Acquisition and Restoration Council shall review and make
242
recommendations to the board concerning the request for
243
surplusing. The council shall determine whether the request for
244
surplusing is compatible with the resource values of and
245
management objectives for such lands.
246
(f)1. In reviewing lands owned by the board, the council
247
shall consider whether such lands would be more appropriately
248
owned or managed by the county or other unit of local government
249
in which the land is located. The council shall recommend to the
250
board whether a sale, lease, or other conveyance to a local
251
government would be in the best interests of the state and local
252
government. The provisions of this paragraph in no way limit the
253
provisions of ss. 253.111 and 253.115. Such lands shall be
254
offered to the state, county, or local government for a period of
255
45 30 days. Permittable uses for such surplus lands may include
256
public schools; public libraries; fire or law enforcement
257
substations; governmental, judicial, or recreational centers; and
258
affordable housing meeting the criteria of s. 420.0004(3). County
259
or local government requests for surplus lands shall be expedited
260
throughout the surplusing process. If the county or local
261
government does not elect to purchase such lands in accordance
262
with s. 253.111, then any surplusing determination involving
263
other governmental agencies shall be made upon the board deciding
264
the best public use of the lands. Surplus properties in which
265
governmental agencies have expressed no interest shall then be
266
available for sale on the private market.
267
2. Notwithstanding subparagraph 1., any parcel of surplus
268
lands less than 3 acres in size which was acquired by the state
269
before 1955 by gift or other conveyance or for $1 consideration
270
from a fair association incorporated under chapter 616 for the
271
purpose of conducting and operating public fairs or expositions,
272
and concerning which the department has filed by July 1, 2008, a
273
notice of intent to dispose of as surplus lands, shall be offered
274
for reconveyance to such fair association for no consideration;
275
however, the agency that last held the lease from the board for
276
management of such lands may remove from the lands any
277
improvements, fixtures, goods, wares, and merchandise within 180
278
days after the effective date of the reconveyance. This
279
subparagraph expires July 1, 2008.
280
(g) The sale price of lands determined to be surplus
281
pursuant to this subsection and s. 253.82 shall be determined by
282
the division and shall take into consideration an appraisal of
283
the property, or, when the estimated value of the land is less
284
than $100,000, a comparable sales analysis or a broker's opinion
285
of value. If the appraisal referenced in this paragraph yields a
286
value equal to or greater than $1 million, the division, in its
287
sole discretion, may require a second appraisal. The individual
288
or entity requesting to purchase the surplus parcel shall pay all
289
appraisal costs, and the price paid by the state to originally
290
acquire the lands.
291
1.a. A written valuation of land determined to be surplus
292
pursuant to this subsection and s. 253.82, and related documents
293
used to form the valuation or which pertain to the valuation, are
294
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of
295
the State Constitution until 2 weeks before the contract or
296
agreement regarding the purchase, exchange, or disposal of the
297
surplus land is first considered for approval by the board.
298
Notwithstanding the exemption provided under this subparagraph,
299
the division may disclose appraisals, valuations, or valuation
300
information regarding surplus land during negotiations for the
301
sale or exchange of the land, during the marketing effort or
302
bidding process associated with the sale, disposal, or exchange
303
of the land to facilitate closure of such effort or process, when
304
the passage of time has made the conclusions of value invalid, or
305
when negotiations or marketing efforts concerning the land are
306
concluded.
307
b. This subparagraph is subject to the Open Government
308
Sunset Review Act of 1995 in accordance with s. 119.15, and shall
309
stand repealed on October 2, 2009, unless reviewed and saved from
310
repeal through reenactment by the Legislature.
311
2. A unit of government that acquires title to lands
312
hereunder for less than appraised value may not sell or transfer
313
title to all or any portion of the lands to any private owner for
314
a period of 10 years. Any unit of government seeking to transfer
315
or sell lands pursuant to this paragraph shall first allow the
316
board of trustees to reacquire such lands for the price at which
317
the board sold such lands.
318
(h) Where a unit of government acquired land by gift,
319
donation, grant, quitclaim deed, or other such conveyance where
320
no monetary consideration was exchanged, the price of land sold
321
as surplus may be based on one appraisal. In the event that a
322
single appraisal yields a value equal to or greater than $1
323
million, a second appraisal is required. The individual or entity
324
requesting the surplus shall select and use appraisers from the
325
list of approved appraisers maintained by the Division of State
326
Lands in accordance with s. 253.025(6)(b). The individual or
327
entity requesting the surplus is to incur all costs of the
328
appraisals.
329
(h)(i) After reviewing the recommendations of the council,
330
the board shall determine whether lands identified for surplus
331
are to be held for other public purposes or whether such lands
332
are no longer needed. The board may require an agency to release
333
its interest in such lands. For an agency that has requested the
334
use of a property that was to be declared as surplus, said agency
335
must have the property under lease within 6 months of the date of
336
expiration of the notice provisions required under this
337
subsection and s. 253.111.
338
(i)(j) Requests for surplusing may be made by any public or
339
private entity or person. All requests shall be submitted to the
340
lead managing agency for review and recommendation to the council
341
or its successor. Lead managing agencies shall have 90 days to
342
review such requests and make recommendations. Any surplusing
343
requests that have not been acted upon within the 90-day time
344
period shall be immediately scheduled for hearing at the next
345
regularly scheduled meeting of the council or its successor.
346
Requests for surplusing pursuant to this paragraph shall not be
347
required to be offered to local or state governments as provided
348
in paragraph (f).
349
(j)(k) Proceeds from any sale of surplus lands pursuant to
350
this subsection shall be deposited into the fund from which such
351
lands were acquired. However, if the fund from which the lands
352
were originally acquired no longer exists, such proceeds shall be
353
deposited into an appropriate account to be used for land
354
management by the lead managing agency assigned the lands prior
355
to the lands being declared surplus. Funds received from the sale
356
of surplus nonconservation lands, or lands that were acquired by
357
gift, by donation, or for no consideration, shall be deposited
358
into the Internal Improvement Trust Fund.
359
(k)(l) Notwithstanding the provisions of this subsection,
360
no such disposition of land shall be made if such disposition
361
would have the effect of causing all or any portion of the
362
interest on any revenue bonds issued to lose the exclusion from
363
gross income for federal income tax purposes.
364
(l)(m) The sale of filled, formerly submerged land that
365
does not exceed 5 acres in area is not subject to review by the
366
council or its successor.
367
(m)(n) The board may adopt rules to implement the
368
provisions of this section, which may include procedures for
369
administering surplus land requests and criteria for when the
370
division may approve requests to surplus nonconservation lands on
371
behalf of the board.
372
(8)(a) Notwithstanding other provisions of this section,
373
the Division of State Lands is directed to prepare a state
374
inventory of all federal lands and all lands titled in the name
375
of the state, a state agency, a water management district, or a
376
local government on a county-by-county basis. To facilitate the
377
development of the state inventory, each county shall direct the
378
appropriate county office with authority over the information to
379
provide the division with a county inventory of all lands
380
identified as federal lands and lands titled in the name of the
381
state, a state agency, a water management district, or a local
382
government. The Legislature recognizes the value of the state's
383
conservation lands as water recharge areas and air filters and,
384
in an effort to better understand the scientific underpinnings of
385
carbon sequestration, carbon capture, and greenhouse gas
386
mitigation, to inform policymakers and decisionmakers, and to
387
provide the infrastructure for land owners, the Division of State
388
Lands shall contract with an organization experienced and
389
specialized in carbon sinks and emission budgets to conduct an
390
inventory of all lands that were acquired pursuant to
391
Preservation 2000 and Florida Forever and that were titled in the
392
name of the Board of Trustees of the Internal Improvement Trust
393
Fund. The inventory shall determine the value of carbon capture
394
and carbon sequestration. Such inventory shall consider potential
395
carbon offset values of changes in land management practices,
396
including, but not limited to, replanting of trees, routine
397
prescribed burns, and land use conversion. Such an inventory
398
shall be completed and presented to the board of trustees by July
399
1, 2009.
400
(b) The state inventory must distinguish between lands
401
purchased by the state or a water management district as part of
402
a core parcel or within original project boundaries, as those
403
terms are used to meet the surplus requirements of subsection
404
(6), and lands purchased by the state, a state agency, or a water
405
management district which are not essential or necessary for
406
conservation purposes.
407
(c) In any county having a population of 75,000 or fewer
408
less, or a county having a population of 100,000 or fewer which
409
less that is contiguous to a county having a population of 75,000
410
or fewer less, in which more than 50 percent of the lands within
411
the county boundary are federal lands and lands titled in the
412
name of the state, a state agency, a water management district,
413
or a local government, those lands titled in the name of the
414
state or a state agency which are not essential or necessary to
415
meet conservation purposes may, upon request of a public or
416
private entity, be made available for purchase through the
417
state's surplusing process. Rights-of-way for existing, proposed,
418
or anticipated transportation facilities are exempt from the
419
requirements of this paragraph. Priority consideration shall be
420
given to buyers, public or private, willing to return the
421
property to productive use so long as the property can be
422
reentered onto the county ad valorem tax roll. Property acquired
423
with matching funds from a local government shall not be made
424
available for purchase without the consent of the local
425
government.
426
(14)(a) All lands for which the Fish and Wildlife
427
Conservation Commission acts as lead manager may be used for the
428
recovery and management of imperiled species through the
429
acquisition, restoration, enhancement, and management of
430
ecosystems that can support the major life functions of such
431
species and result in a net benefit to imperiled species habitat.
432
For purposes of this subsection, the term "imperiled species"
433
means plants and animals that are federally listed under the
434
Endangered Species Act, or state-listed by the Fish and Wildlife
435
Conservation Commission or Department of Agriculture and Consumer
436
Services.
437
(b) The management of imperiled species under this
438
subsection shall be in accordance with Chapter 68A, Florida
439
Administrative Code, or as determined by commission rule. The
440
commission may receive conservation grants or donations, for the
441
management of lands identified in (a), pursuant to s. 372.074.
442
The provisions in this paragraph shall expire upon the adoption
443
of the imperiled species workplan by the Board of Trustees
444
pursuant to paragraph (c).
445
(c) By December 1, 2009, the commission, in cooperation
446
with the Department of Environmental Protection and the
447
Department of Agriculture and Consumer Services, shall develop an
448
imperiled species workplan that shall be utilized for the
449
recovery and management of imperiled species on all state lands.
450
The workplan shall include, at a minimum, the recovery and
451
management of imperiled species through the acquisition,
452
restoration, enhancement, and management of ecosystems that can
453
support the major life functions of such species. The work plan
454
shall be submitted to the Board of Trustees for adoption by
455
January 30, 2009. The board shall not delegate the final adoption
456
of the work plan to any other agency.
457
(d) By February 1, 2009, the commission, in cooperation
458
with the Department of Environmental Protection and the
459
Department of Agriculture and Consumer Services, shall submit its
460
recommendations for the establishment of appropriate fees,
461
received from public or private entities for projects to offset
462
adverse impacts to imperiled species or such habitat and the use
463
of such fees, to the President of the Senate and the Speaker of
464
the House of Representatives. The Legislature shall approve, or
465
approve with modifications such recommendations during the 2009
466
regular session.
467
(e) Beginning July 1, 2009, the commission may accept
468
applications from lead managing agencies on all state lands for
469
the acceptance of the recovery and management of imperiled
470
species on all state lands provided they are consistent with the
471
imperiled species management plan and land management plans
472
established pursuant to s. 253.034. No applications shall be
473
accepted prior to the establishment of fees pursuant to paragraph
474
(d).
475
(f) By February 1, 2010, the commission shall submit a
476
report to the President of the Senate and the Speaker of the
477
House of Representatives on the efficacy of using state-owned
478
lands to protect, manage, or restore habitat for native or
479
imperiled species. This subsection expires July 1, 2014.
480
4/15/2008 10:24:00 PM EP.37.07757
CODING: Words stricken are deletions; words underlined are additions.