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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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201.15, Florida Statutes, is amended to read:

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201.15  Distribution of taxes collected.--All taxes

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collected under this chapter shall be distributed as follows and

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

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except that such service charge shall not be levied against any

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

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

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amounts relating to the bonds:

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

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remaining taxes collected under this chapter shall be used for

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the following purposes:

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

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

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other amounts payable with respect to Preservation 2000 bonds

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issued pursuant to s. 375.051 and Florida Forever bonds issued

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

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

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purposes. The amount transferred to the Land Acquisition Trust

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

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thereafter for Preservation 2000 bonds and bonds issued to refund

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

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2001 and thereafter for Florida Forever bonds. The annual amount

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transferred to the Land Acquisition Trust Fund for Florida

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

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

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transferred shall be increased by an additional $30 million in

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

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

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of the Legislature that all bonds issued to fund the Florida

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

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bonds issued to refund previously issued bonds, no series of

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bonds may be issued pursuant to this paragraph unless such bonds

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

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year in which the bonds are issued is specifically appropriated

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in the General Appropriations Act. For purposes of refunding

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Preservation 2000 bonds, amounts designated within this section

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for Preservation 2000 and Florida Forever bonds may be

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transferred between the two programs to the extent provided for

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in the documents authorizing the issuance of the bonds. The

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Preservation 2000 bonds and Florida Forever bonds shall be

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equally and ratably secured by moneys distributable to the Land

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Acquisition Trust Fund pursuant to this section, except to the

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extent specifically provided otherwise by the documents

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authorizing the issuance of the bonds. No moneys transferred to

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the Land Acquisition Trust Fund pursuant to this paragraph, or

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

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service on the Save Our Coast revenue bonds.

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

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Statutes, is amended to read:

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215.618  Bonds for acquisition and improvement of land,

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

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

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

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and improvement of land, water areas, and related property

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

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purposes of restoration, conservation, recreation, water resource

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development, or historical preservation, and for capital

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improvements to lands and water areas that accomplish

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environmental restoration, enhance public access and recreational

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enjoyment, promote long-term management goals, and facilitate

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water resource development is hereby authorized, subject to the

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

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the State Constitution. Florida Forever bonds may also be issued

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

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

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

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series of Florida Forever bonds issued may not exceed 20 annual

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maturities. Preservation 2000 bonds and Florida Forever bonds

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shall be equally and ratably secured by moneys distributable to

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

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except to the extent specifically provided otherwise by the

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documents authorizing the issuance of the bonds.

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

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

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the authorization of any bonds for land acquisition.

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(c) By February 1, 2010, the Legislature shall complete an

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analysis of potential revenue sources for Florida Forever.

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

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Statutes, is amended to read:

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253.025  Acquisition of state lands for purposes other than

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preservation, conservation, and recreation.--

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

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

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

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as follows:

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

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appraisal. Two appraisals are required when the estimated value

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

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

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

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justified, a comparable sales analysis or other reasonably

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prudent procedures may be used by the division to estimate the

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

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

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lands and appurtenances that are being donated to the state.

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

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the acquisition. The board of trustees shall approve qualified

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fee appraisal organizations. All appraisals used for the

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acquisition of lands pursuant to this section shall be prepared

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

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certified appraiser. The Board of Trustees Division of State

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Lands shall adopt rules for selecting individuals to perform

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appraisals pursuant to this section. Each fee appraiser selected

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to appraise a particular parcel shall, prior to contracting with

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the agency, submit to that agency an affidavit substantiating

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

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parcel.

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(c)  The board of trustees shall adopt by rule the minimum

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

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

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practicable, generally accepted appraisal standards. Any

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appraisal issued for acquisition of lands pursuant to this

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section must comply with the rules adopted by the board of

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

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requirements for upland parcels established in the Minimum

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Technical Standards for Land Surveying in Florida published by

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the Department of Business and Professional Regulation and which

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accurately portrays, to the greatest extent practicable, the

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condition of the parcel as it currently exists. The requirement

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

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board of trustees any time prior to submitting the agreement for

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purchase to the Division of State Lands. When an existing

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boundary map and description of a parcel are determined by the

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division to be sufficient for appraisal purposes, the division

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director may temporarily waive the requirement for a survey until

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

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appraiser and the review appraiser for the agency shall not act

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

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owner.

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(d)  Appraisal reports are confidential and exempt from the

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

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

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

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agreement for purchase is considered for approval by the board of

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trustees. However, the Division of State Lands may disclose

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appraisal information to public agencies or nonprofit

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organizations that agree to maintain the confidentiality of the

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reports or information when joint acquisition of property is

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contemplated, or when a public agency or nonprofit organization

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enters into a written agreement with the division to purchase and

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

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

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agency or nonprofit organization, provided the appraiser is

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

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

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this paragraph, "nonprofit organization" means an organization

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whose purpose is the preservation of natural resources, and which

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

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Internal Revenue Code. The agency may release an appraisal report

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

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the report invalid.

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

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

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division shall review such report for compliance with the rules

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

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

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inspection of the subject property by the review appraiser. The

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review appraiser may reject an appraisal report following a desk

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review, but is prohibited from approving an appraisal report in

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

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applicability of laws affecting an appraisal shall be addressed

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by the legal office of the agency.

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

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

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history shall include all parties and considerations with the

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

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

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

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of trustees Secretary of Environmental Protection or the director

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

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shall adopt a rule specifying guidelines for waiver of a sales

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history.

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(g)  The board of trustees may consider an appraisal

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

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

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an appraisal required by this subsection or to determine the

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maximum offer allowed by law.

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Section 4.  Section 253.0325, Florida Statutes, is amended

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to read:

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253.0325  Modernization of state lands records.--

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(1)  The Department of Environmental Protection shall

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initiate an ongoing computerized information systems program to

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modernize its state lands records and documents that relate to

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all lands that have been acquired by all agencies under the

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Florida Preservation 2000 act pursuant to s. 259.101 or the

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

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Florida Forever funds shall annually submit its records for lands

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acquired for compilation of state lands records by the department

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

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

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(a)  A document management component to automate the storage

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and retrieval of information contained in state lands records.

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(b)  A land records management component to organize the

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records by key elements present in the data.

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(c)  An evaluation component which includes the collection

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of resource and environmental data.

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

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state-owned parcels using data from the land records management

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and evaluation components.

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

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department shall seek to ensure information systems compatibility

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

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governmental agencies. The department also shall seek to promote

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standardization in the collection of information regarding state-

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

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

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department's modernization of state lands records shall not be

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considered a final or complete accounting of lands which the

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state owns or to which the state may claim ownership.

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Section 5.  Subsection (6) is amended and subsection (14) is

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added of section 253.034, Florida Statutes, to read:

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253.034  State-owned lands; uses.-

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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 is required

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

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originally acquire the lands.

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

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

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

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

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the State Constitution until 2 weeks before the contract or

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agreement regarding the purchase, exchange, or disposal of the

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surplus land is first considered for approval by the board.

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Notwithstanding the exemption provided under this subparagraph,

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the division may disclose appraisals, valuations, or valuation

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information regarding surplus land during negotiations for the

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

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bidding process associated with the sale, disposal, or exchange

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

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

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when negotiations or marketing efforts concerning the land are

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concluded.

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b.  This subparagraph is subject to the Open Government

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

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

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repeal through reenactment by the Legislature.

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2.  A unit of government that acquires title to lands

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hereunder for less than appraised value may not sell or transfer

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

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

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or sell lands pursuant to this paragraph shall first allow the

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

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the board sold such lands.

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

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

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no monetary consideration was exchanged, the price of land sold

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

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

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

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requesting the surplus shall select and use appraisers from the

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list of approved appraisers maintained by the Division of State

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

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entity requesting the surplus is to incur all costs of the

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appraisals.

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

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the board shall determine whether lands identified for surplus

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

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

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

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

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

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expiration of the notice provisions required under this

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subsection and s. 253.111.

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

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

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lead managing agency for review and recommendation to the council

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

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review such requests and make recommendations. Any surplusing

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

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period shall be immediately scheduled for hearing at the next

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regularly scheduled meeting of the council or its successor.

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Requests for surplusing pursuant to this paragraph shall not be

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required to be offered to local or state governments as provided

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in paragraph (f).

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

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this subsection shall be deposited into the fund from which such

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

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were originally acquired no longer exists, such proceeds shall be

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deposited into an appropriate account to be used for land

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management by the lead managing agency assigned the lands prior

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

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of surplus nonconservation lands, or lands that were acquired by

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

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into the Internal Improvement Trust Fund.

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

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no such disposition of land shall be made if such disposition

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

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interest on any revenue bonds issued to lose the exclusion from

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gross income for federal income tax purposes.

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

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

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council or its successor.

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

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provisions of this section, which may include procedures for

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

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

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

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for native or imperiled species. The commission shall submit an

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annual workplan for such uses to the Acquisition and Restoration

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

404

workplan prior to approval. Following approval of the workplan

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by the council, the commission shall submit the approved workplan

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to the Board of Trustees of the Internal Improvement Trust Fund

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

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the workplan to any other agency.

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(b) 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

411

House of Representatives on the efficacy of utilizing state-owned

412

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

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imperiled species. This subsection expires July 1, 2010.     

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

415

Statutes, is amended to read:

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253.111  Notice to board of county commissioners before

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

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

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unless and until they afford an opportunity to the county in

420

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

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terms and conditions:

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

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is given to the board of county commissioners pursuant to

424

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

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

426

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

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established by generally accepted professional standards for real

428

estate appraisal and subject to such other terms and conditions

429

as the board determines.

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

431

253.82, Florida Statutes, is amended to read:

432

253.82  Title of state or private owners to Murphy Act

433

lands.--

434

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

435

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

436

other nonsovereignty lands owned by the board. However, any

437

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

438

Trustees of the Internal Improvement Trust Fund pursuant to this

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

440

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

441

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

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

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

444

of such land shall be deposited into the Internal Improvement

445

Trust Fund. The Board of Trustees of the Internal Improvement

446

Trust Fund is authorized to adopt rules to implement the

447

provisions of this subsection.

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

449

read:

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259.032  Conservation and Recreation Lands Trust Fund;

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purpose.--

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

453

state shall be assured public ownership of natural areas for

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purposes of maintaining this state's unique natural resources;

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

456

development to meet the needs of natural systems and citizens of

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this state; promoting restoration activities on public lands; and

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providing lands for natural resource based recreation. In

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

460

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

461

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

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

463

Legislature, with regard to the lands described in paragraph

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

465

restoration, and management of such lands in or near counties

466

exhibiting the greatest concentration of population and, with

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

468

priority be given to acquiring lands or rights or interests in

469

lands within any area designated as an area of critical state

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

471

council established pursuant to s. 259.035, or its successor,

472

cannot be adequately protected by application of land development

473

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

474

Legislature's intent that lands acquired through this program and

475

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

476

restore their natural resource values, and provide the greatest

477

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

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

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established within the Department of Environmental Protection.

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The fund shall be used as a nonlapsing, revolving fund

481

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

482

credited with proceeds from the following excise taxes:

483

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

484

and

485

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

486

provided in s. 211.3103.

487

488

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

489

proceeds from such taxes as provided in this paragraph.

490

(b)  There shall annually be transferred from the

491

Conservation and Recreation Lands Trust Fund to the Land

492

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

493

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

494

fund debt service reserve funds, rebate obligations, or other

495

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

496

acquire lands on the established priority list developed pursuant

497

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

498

the Land Acquisition Trust Fund pursuant to this paragraph, or

499

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

500

service on the Save Our Coast revenue bonds. Amounts transferred

501

annually from the Conservation and Recreation Lands Trust Fund to

502

the Land Acquisition Trust Fund pursuant to this paragraph shall

503

have the highest priority over other payments or transfers from

504

the Conservation and Recreation Lands Trust Fund, and no other

505

payments or transfers shall be made from the Conservation and

506

Recreation Lands Trust Fund until such transfers to the Land

507

Acquisition Trust Fund have been made. Moneys in the Conservation

508

and Recreation Lands Trust Fund also shall be used to manage

509

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

510

pursuant to the provisions of this section.

511

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

512

Trustees of the Internal Improvement Trust Fund, may allocate

513

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

514

lesser interest in lands for the following public purposes:

515

(a)  To conserve and protect environmentally unique and

516

irreplaceable lands that contain native, relatively unaltered

517

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

518

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

519

(b)  To conserve and protect lands within designated areas

520

of critical state concern, if the proposed acquisition relates to

521

the natural resource protection purposes of the designation;

522

(c)  To conserve and protect native species habitat or

523

endangered or threatened species, emphasizing long-term

524

protection for endangered or threatened species designated G-1 or

525

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

526

areas that are special locations for breeding and reproduction;

527

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

528

ecosystems, landscapes, and forests, if the protection and

529

conservation of such lands is necessary to enhance or protect

530

significant surface water, groundwater, coastal, recreational,

531

timber, or fish or wildlife resources which cannot otherwise be

532

accomplished through local and state regulatory programs;

533

(e)  To promote water resource development that benefits

534

natural systems and citizens of the state;

535

(f)  To facilitate the restoration and subsequent health and

536

vitality of the Florida Everglades;

537

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

538

natural resource based recreation and other outdoor recreation on

539

any part of any site compatible with conservation purposes;

540

(h)  To preserve significant archaeological or historic

541

sites; or

542

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

543

outdoor recreation which are compatible with conservation

544

purposes.

545

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

546

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

547

historic or archaeological sites, geologic or botanical sites,

548

recreational trails, forests, wilderness areas, wildlife

549

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

550

recreation or conservation lands; or they shall qualify for such

551

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

552

governmental agencies or nonstate entities as provided for in

553

this section.

554

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

555

moneys may be transferred from the Conservation and Recreation

556

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

557

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

558

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

559

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

560

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

561

maintenance of a natural areas inventory to aid in the

562

identification of areas to be acquired pursuant to this section.

563

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

564

incurred under this section shall be deposited with the Chief

565

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

566

in the manner provided by law. Interest received on such

567

investments shall be credited to the Conservation and Recreation

568

Lands Trust Fund.

569

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

570

necessary to accomplish the purposes of this section. The lead

571

land managing agencies designated by the board of trustees also

572

are directed by the Legislature to enter into contracts or

573

interagency agreements with other governmental entities,

574

including local soil and water conservation districts, or private

575

land managers who have the expertise to perform specific

576

management activities which a lead agency lacks, or which would

577

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

578

not be limited to, controlled burning, road and ditch

579

maintenance, mowing, and wildlife assessments.

580

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

581

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

582

rules and shall be acquired in accordance with acquisition

583

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

584

otherwise provided by the Legislature. An inholding or an

585

addition to a project selected for purchase pursuant to this

586

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

587

if the estimated value of such inholding or addition does not

588

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

589

project has been purchased pursuant to this chapter, the project

590

may be removed from the list and the remaining acreage may

591

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

592

title work, appraisal fees, environmental audits, and survey

593

costs related to acquisition expenses for lands to be acquired,

594

donated, or exchanged which qualify under the categories of this

595

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

596

authorized the Department of Environmental Protection to condemn

597

a specific parcel of land and such parcel has already been

598

approved for acquisition under this section, the land may be

599

acquired in accordance with the provisions of chapter 73 or

600

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

601

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

602

associated with condemnation.

603

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

604

shall be:

605

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

606

combination of benefits to the public and to the resources.

607

(b)  Managed for public outdoor recreation which is

608

compatible with the conservation and protection of public lands.

609

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

610

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

611

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

612

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

613

jogging, and other related outdoor activities compatible with the

614

purposes for which the lands were acquired.

615

(c)  Managed for the purposes for which the lands were

616

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

617

(d)  Concurrent with its adoption of the annual Conservation

618

and Recreation Lands list of acquisition projects pursuant to s.

619

259.035, the board of trustees shall adopt a management

620

prospectus for each project. The management prospectus shall

621

delineate:

622

1.  The management goals for the property;

623

2.  The conditions that will affect the intensity of

624

management;

625

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

626

property, if appropriate;

627

4.  A timetable for implementing the various stages of

628

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

629

5.  A description of potential multiple-use activities as

630

described in this section and s. 253.034;

631

6.  Provisions for protecting existing infrastructure and

632

for ensuring the security of the project upon acquisition;

633

7.  The anticipated costs of management and projected

634

sources of revenue, including legislative appropriations, to fund

635

management needs; and

636

8.  Recommendations as to how many employees will be needed

637

to manage the property, and recommendations as to whether local

638

governments, volunteer groups, the former landowner, or other

639

interested parties can be involved in the management.

640

(e)  Concurrent with the approval of the acquisition

641

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

642

except those lands being acquired under the provisions of s.

643

259.1052, the board of trustees shall designate an agency or

644

agencies to manage such lands. The board shall evaluate and

645

amend, as appropriate, the management policy statement for the

646

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

647

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

648

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

649

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

650

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

651

Trustees of the Internal Improvement Trust Fund shall first

652

consider having a soil and water conservation district, created

653

pursuant to chapter 582, manage and monitor such interests.

654

(f)  State agencies designated to manage lands acquired

655

under this chapter except those lands acquired under s. 259.1052

656

may contract with local governments and soil and water

657

conservation districts to assist in management activities,

658

including the responsibility of being the lead land manager. Such

659

land management contracts may include a provision for the

660

transfer of management funding to the local government or soil

661

and water conservation district from the Conservation and

662

Recreation Lands Trust Fund in an amount adequate for the local

663

government or soil and water conservation district to perform its

664

contractual land management responsibilities and proportionate to

665

its responsibilities, and which otherwise would have been

666

expended by the state agency to manage the property.

667

(g)  Immediately following the acquisition of any interest

668

in lands under this chapter, the Department of Environmental

669

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

670

to the lead managing entity an interim assignment letter to be

671

effective until the execution of a formal lease.

672

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

673

private entities designated to manage lands under this section

674

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

675

trustees, an individual management plan for each project designed

676

to conserve and protect such lands and their associated natural

677

resources. Private sector involvement in management plan

678

development may be used to expedite the planning process.

679

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

680

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

681

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

682

a minimum, representatives of the lead land managing agency,

683

comanaging entities, local private property owners, the

684

appropriate soil and water conservation district, a local

685

conservation organization, and a local elected official. The

686

advisory group shall conduct at least one public hearing within

687

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

688

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

689

least one areawide public hearing shall be acceptable and the

690

lead managing agency shall invite a local elected official from

691

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

692

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

693

public hearing shall be posted on the parcel or project

694

designated for management, advertised in a paper of general

695

circulation, and announced at a scheduled meeting of the local

696

governing body before the actual public hearing. The management

697

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

698

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

699

public hearing.

700

(c)  Once a plan is adopted, the managing agency or entity

701

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

702

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

703

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

704

advisory group. Such plans may include transfers of leasehold

705

interests to appropriate conservation organizations or

706

governmental entities designated by the Land Acquisition and

707

Management Advisory Council or its successor, for uses consistent

708

with the purposes of the organizations and the protection,

709

preservation, conservation, restoration, and proper management of

710

the lands and their resources. Volunteer management assistance is

711

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

712

participating in programs sponsored by state or local agencies,

713

by volunteers sponsored by environmental or civic organizations,

714

and by individuals participating in programs for committed

715

delinquents and adults.

716

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

717

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

718

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

719

parcels identified in the priority list developed pursuant to ss.

720

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

721

Environmental Protection shall distribute only 75 percent of the

722

acquisition funds to which a budget entity or water management

723

district would otherwise be entitled from the Preservation 2000

724

Trust Fund to any budget entity or any water management district

725

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

726

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

727

individual management plan for the Babcock Crescent B Ranch being

728

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

729

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

730

following the date of acquisition by the state.

731

(e)  Individual management plans shall conform to the

732

appropriate policies and guidelines of the state land management

733

plan and shall include, but not be limited to:

734

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

735

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

736

the statutory authority for such use or uses.

737

2.  Key management activities necessary to preserve and

738

protect natural resources and restore habitat, and for

739

controlling the spread of nonnative plants and animals, and for

740

prescribed fire and other appropriate resource management

741

activities.

742

3.  A specific description of how the managing agency plans

743

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

744

fragile, nonrenewable natural and cultural resources.

745

4.  A priority schedule for conducting management

746

activities, based on the purposes for which the lands were

747

acquired.

748

5.  A cost estimate for conducting priority management

749

activities, to include recommendations for cost-effective methods

750

of accomplishing those activities.

751

6.  A cost estimate for conducting other management

752

activities which would enhance the natural resource value or

753

public recreation value for which the lands were acquired. The

754

cost estimate shall include recommendations for cost-effective

755

methods of accomplishing those activities.

756

7.  A determination of the public uses and public access

757

that would be consistent with the purposes for which the lands

758

were acquired.

759

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

760

individual management plan for parcels which exceed 160 acres in

761

size to each member of the Acquisition and Restoration Council

762

Land Acquisition and Management Advisory Council or its

763

successor, which shall:

764

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

765

review each plan for compliance with the requirements of this

766

subsection and with the requirements of the rules established by

767

the board pursuant to this subsection.

768

2.  Consider the propriety of the recommendations of the

769

managing agency with regard to the future use or protection of

770

the property.

771

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

772

recommendations and comments, to the board of trustees, with

773

recommendations as to whether to approve the plan as submitted,

774

approve the plan with modifications, or reject the plan.

775

(g)  The board of trustees shall consider the individual

776

management plan submitted by each state agency and the

777

recommendations of the Acquisition and Restoration Council Land

778

Acquisition and Management Advisory Council, or its successor,

779

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

780

or without modification or reject such plan. The use or

781

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

782

not in accordance with an approved individual management plan is

783

subject to termination by the board of trustees.

784

785

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

786

entity designated to manage lands shall report to the Secretary

787

of Environmental Protection on the progress of funding, staffing,

788

and resource management of every project for which the agency or

789

entity is responsible.

790

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

791

pursuant to this chapter serves the public interest by protecting

792

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

793

health and welfare, providing areas for natural resource based

794

recreation, and ensuring the survival of unique and irreplaceable

795

plant and animal species. The Legislature intends for these lands

796

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

797

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

798

lands where it is consistent with acquisition purposes and would

799

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

800

public's behalf.

801

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

802

cumulative total of funds ever deposited into the Florida

803

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

804

shall be made available for the purposes of management,

805

maintenance, and capital improvements not eligible for funding

806

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

807

associated contractual services, for lands acquired pursuant to

808

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

809

programs for the acquisition of lands for conservation and

810

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

811

the board of trustees and other conservation and recreation lands

812

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

813

transferred annually to the Plant Industry Trust Fund within the

814

Department of Agriculture and Consumer Services for the purpose

815

of implementing the Endangered or Threatened Native Flora

816

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

817

agency with management responsibilities shall annually request

818

from the Legislature funds sufficient to fulfill such

819

responsibilities to implement individual management plans. For

820

the purposes of this paragraph, capital improvements shall

821

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

822

firelanes, access roads and trails, and minimal public

823

accommodations, such as primitive campsites, garbage receptacles,

824

and toilets. Any equipment purchased with funds provided pursuant

825

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

826

paragraph on any conservation and recreation lands managed by a

827

state agency.

828

(c)  In requesting funds provided for in paragraph (b) for

829

long-term management of all acquisitions pursuant to this chapter

830

and for associated contractual services, the managing agencies

831

shall recognize the following categories of land management

832

needs:

833

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

834

resource management and protection, such as state reserves, state

835

preserves, state forests, and wildlife management areas. These

836

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

837

minimum facilities development.

838

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

839

than basic resource management and protection, such as state

840

parks and state recreation areas. These lands generally have

841

extra restoration or protection needs, higher concentrations of

842

public use, or more highly developed facilities.

843

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

844

requiring unique site-specific resource management and

845

protection. These lands generally are sites with historic

846

significance, unique natural features, or very high intensity

847

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

848

protect resources, such as lands with heavy infestations of

849

nonnative, invasive plants.

850

851

In evaluating the management funding needs of lands based on the

852

above categories, the lead land managing agencies shall include

853

in their considerations the impacts of, and needs created or

854

addressed by, multiple-use management strategies.

855

(d)  All revenues generated through multiple-use management

856

or compatible secondary-use management shall be returned to the

857

lead agency responsible for such management and shall be used to

858

pay for management activities on all conservation, preservation,

859

and recreation lands under the agency's jurisdiction. In

860

addition, such revenues shall be segregated in an agency trust

861

fund and shall remain available to the agency in subsequent

862

fiscal years to support land management appropriations. For the

863

purposes of this paragraph, compatible secondary-use management

864

shall be those activities described in subsection (9) undertaken

865

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

866

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

867

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

868

management of acquisitions and for associated contractual

869

services, to ensure the conservation and protection of natural

870

resources on project sites and to allow limited public

871

recreational use of lands. Interim management activities may

872

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

873

invasive, nonnative species, habitat restoration, fencing, law

874

enforcement, controlled burning, and public access consistent

875

with preliminary determinations made pursuant to paragraph

876

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

877

available immediately upon purchase.

878

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

879

for the control and removal of nonnative, invasive plant species

880

on public lands. Such goals shall differentiate between aquatic

881

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

882

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

883

impede or destroy the functioning of natural systems.

884

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

885

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

886

receiving those funds for control and removal of nonnative,

887

invasive species on public lands.

888

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

889

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

890

deposited into the Florida Preservation 2000 Trust Fund and the

891

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

892

fiscal year for the construction of replacement museum

893

facilities. This paragraph expires July 1, 2007.

894

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

895

available sufficient funds annually from the Conservation and

896

Recreation Lands Trust Fund to the department for payment in lieu

897

of taxes to qualifying counties and local governments as defined

898

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

899

of board of trustees acquisitions for state agencies under the

900

Florida Forever program or the Florida Preservation 2000 program

901

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

902

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

903

management in accordance with the provisions of this section.

904

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

905

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

906

fewer. Population levels shall be determined pursuant to s.

907

11.031.

908

2.  To all local governments located in eligible counties.

909

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

910

prison leased to the state has recently been opened and where

911

privately owned and operated juvenile justice facilities leased

912

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

913

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

914

tax revenue, which funds have already been appropriated and

915

allocated from the Department of Correction's budget for the

916

purpose of reimbursing amounts equal to lost ad valorem taxes.

917

(c)  If insufficient funds are available in any year to make

918

full payments to all qualifying counties and local governments,

919

such counties and local governments shall receive a pro rata

920

share of the moneys available.

921

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

922

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

923

acquisition. Applications for payment in lieu of taxes shall be

924

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

925

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

926

were exempt from ad valorem taxation for the year immediately

927

preceding acquisition.

928

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

929

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

930

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

931

made for such property based upon the average amount of taxes

932

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

933

from the tax rolls. The department shall certify to the

934

Department of Revenue those properties that may be eligible under

935

this provision. Once eligibility has been established, that

936

county or local government shall receive 10 consecutive annual

937

payments for each tax loss, and no further eligibility

938

determination shall be made during that period.

939

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

940

shall be made annually to qualifying counties and local

941

governments after certification by the Department of Revenue that

942

the amounts applied for are reasonably appropriate, based on the

943

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

944

assistance of the local government requesting payment in lieu of

945

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

946

preparing and submitting application requests for payment to the

947

Department of Revenue for certification.

948

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

949

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

950

taxes on the land made to the local government shall be

951

discontinued as of the date of the conveyance.

952

953

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

954

municipalities, the county school board, mosquito control

955

districts, and any other local government entity which levies ad

956

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

957

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

958

used for management, maintenance, or capital improvements

959

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

960

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

961

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

962

this section.

963

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

964

define the categories of land for acquisition under this chapter.

965

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

966

the owner of a property on the Conservation and Recreation Lands

967

list or the priority list established pursuant to s. 259.105

968

objecting to the property being included in an acquisition

969

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

970

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

971

acquisition work plan, the board of trustees shall delete the

972

property from the list or from the boundary of an acquisition

973

project on the list.

974

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

975

read:

976

259.035  Acquisition and Restoration Council.--

977

(1)  There is created the Acquisition and Restoration

978

Council.

979

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

980

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

981

appointees, three shall be from scientific disciplines related to

982

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

983

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

984

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

985

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

986

the appointees shall serve 2-year terms. All subsequent

987

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

988

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

989

for the unexpired term of a member appointed under this

990

paragraph.

991

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

992

Secretary of Environmental Protection, the director of the

993

Division of Forestry of the Department of Agriculture and

994

Consumer Services, the executive director of the Fish and

995

Wildlife Conservation Commission, the director of the Division of

996

Historical Resources of the Department of State, and the

997

secretary of the Department of Community Affairs, or their

998

respective designees.

999

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

1000

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

1001

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

1002

of the chair.

1003

(e)  The Department of Environmental Protection shall

1004

provide primary staff support to the council and shall ensure

1005

that council meetings are electronically recorded. Such recording

1006

shall be preserved pursuant to chapters 119 and 257.

1007

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

1008

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

1009

of this section.

1010

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

1011

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

1012

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

1013

including attendance at meetings, as allowed state officers and

1014

employees while in the performance of their duties, pursuant to

1015

s. 112.061.

1016

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

1017

trustees in reviewing the recommendations and plans for state-

1018

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

1019

shall, in reviewing such recommendations and plans, consider the

1020

optimization of multiple-use and conservation strategies to

1021

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

1022

and 259.105(3)(b).

1023

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

1024

board of trustees, until it develops and recommends amendments to

1025

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

1026

eligible for the Conservation and Recreation Lands list pursuant

1027

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

1028

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

1029

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

1030

Council shall develop rules defining specific criteria and

1031

numeric performance measures needed for lands that are to be

1032

acquired for public purpose under the Florida Forever program

1033

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

1034

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

1035

rules shall be reviewed and adopted by the Board then submitted

1036

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

1037

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

1038

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

1039

implemented. Subsequent to their approval, each recipient of

1040

Florida Forever funds shall annually report to the Division of

1041

State Lands on each of the numeric performance measures

1042

accomplished during the previous fiscal year.

1043

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

1044

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

1045

of trustees shall review the recommendations and shall adopt

1046

rules necessary to administer this section.

1047

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

1048

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

1049

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

1050

Any member of the council who by family or a business

1051

relationship has a connection with all or a portion of any

1052

proposed project shall declare the interest before voting on its

1053

inclusion on a list.

1054

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

1055

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

1056

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

1057

consider and evaluate in writing the merits and demerits of each

1058

project that is proposed for Conservation and Recreation Lands,

1059

Florida Preservation 2000, or Florida Forever funding and shall

1060

ensure that each proposed project will meet a stated public

1061

purpose for the restoration, conservation, or preservation of

1062

environmentally sensitive lands and water areas or for providing

1063

outdoor recreational opportunities. The council also shall

1064

determine whether the project conforms, where applicable, with

1065

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

1066

comprehensive multipurpose outdoor recreation plan developed

1067

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

1068

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

1069

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

1070

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

1071

Section 10.  Subsections (3) and (7) of section 259.041,

1072

Florida Statutes, is amended to read:

1073

259.041  Acquisition of state-owned lands for preservation,

1074

conservation, and recreation purposes.--

1075

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

1076

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

1077

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

1078

unless and until the agreement has been reviewed and approved by

1079

the Department of Environmental Protection as complying with the

1080

requirements of this section and any rules adopted pursuant to

1081

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

1082

agreement shall be submitted to and approved by the board of

1083

trustees:

1084

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

1085

value as established pursuant to the rules of the board of

1086

trustees;

1087

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

1088

acquiring agency exceeds $1 million;

1089

(c)  The acquisition is the initial purchase in a project;

1090

or

1091

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

1092

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

1093

projects where title to the property being acquired is considered

1094

nonmarketable or is encumbered in such a way as to significantly

1095

affect its management.

1096

1097

Where approval of the board of trustees is required pursuant to

1098

this subsection, the acquiring agency must provide a

1099

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

1100

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

1101

required for projects the department recommends acquiring

1102

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

1103

agreements for acquisitions for Florida Greenways and Trails

1104

Program properties pursuant to chapter 260 may be waived by the

1105

department in any contract with nonprofit corporations that have

1106

agreed to assist the department with this program. Where the

1107

contribution of the acquiring agency exceeds $100 million in any

1108

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

1109

by the Legislative Budget Commission.     

1110

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

1111

applicable, the Department of Environmental Protection, of any

1112

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

1113

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

1114

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

1115

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

1116

follows:

1117

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

1118

for determining the value of parcels sought to be acquired by

1119

state agencies pursuant to this section.

1120

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

1121

appraisal. Two appraisals are required when the estimated value

1122

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

1123

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

1124

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

1125

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

1126

Lands finds that the cost of obtaining an outside appraisal is

1127

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

1128

(c)  Appraisal fees and associated costs shall be paid by

1129

the agency proposing the acquisition. The board of trustees shall

1130

approve qualified fee appraisal organizations. All appraisals

1131

used for the acquisition of lands pursuant to this section shall

1132

be prepared by a member of an approved appraisal organization or

1133

by a state-certified appraiser who meets the standards and

1134

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

1135

appraiser selected to appraise a particular parcel shall, prior

1136

to contracting with the agency or a participant in a multiparty

1137

agreement, submit to that agency or participant an affidavit

1138

substantiating that he or she has no vested or fiduciary interest

1139

in such parcel.

1140

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

1141

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

1142

negotiating with the property owner.

1143

(e)  Generally, appraisal reports are confidential and

1144

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

1145

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

1146

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

1147

contract or agreement for purchase is considered for approval by

1148

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

1149

at its discretion, to disclose appraisal reports to private

1150

landowners during negotiations for acquisitions using

1151

alternatives to fee simple techniques, if the department

1152

determines that disclosure of such reports will bring the

1153

proposed acquisition to closure. The Division of State Lands may

1154

also disclose appraisal information to public agencies or

1155

nonprofit organizations that agree to maintain the

1156

confidentiality of the reports or information when joint

1157

acquisition of property is contemplated, or when a public agency

1158

or nonprofit organization enters into a written multiparty

1159

agreement with the division to purchase and hold property for

1160

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

1161

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

1162

nonprofit organization, provided the appraiser is selected from

1163

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

1164

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

1165

"nonprofit organization" means an organization whose purposes

1166

include the preservation of natural resources, and which is

1167

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

1168

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

1169

passage of time has rendered the conclusions of value in the

1170

report invalid or when the acquiring agency has terminated

1171

negotiations.

1172

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

1173

appraisals obtained by a public agency or nonprofit organization,

1174

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

1175

of appraisers and the appraisal is reviewed and approved by the

1176

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

1177

organization" means an organization whose purposes include the

1178

preservation of natural resources and which is exempt from

1179

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

1180

Code.

1181

1182

Notwithstanding the provisions of this subsection, on behalf of

1183

the board and before the appraisal of parcels approved for

1184

purchase under this chapter, the Secretary of Environmental

1185

Protection or the director of the Division of State Lands may

1186

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

1187

contract shall state that the final purchase price is subject to

1188

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

1189

the final purchase price may not exceed the maximum offer allowed

1190

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

1191

purchase price approval, shall explicitly state that payment of

1192

the final purchase price is subject to an appropriation from the

1193

Legislature. The consideration for such an option may not exceed

1194

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

1195

value of the parcel, whichever amount is greater.

1196

Section 11.  Section 259.105, Florida Statutes is amended to

1197

read:

1198

259.105  The Florida Forever Act.--

1199

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

1200

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

1201

     1. Land acquisition The Preservation 2000 programs have

1202

provided tremendous financial resources for purchasing

1203

environmentally significant lands to protect those lands from

1204

imminent development or alteration, thereby assuring present and

1205

future generations' access to important waterways, open spaces,

1206

and recreation and conservation lands.

1207

     2.  The continued alteration and development of Florida's

1208

natural and rural areas to accommodate the state's rapidly

1209

growing population have contributed to the degradation of water

1210

resources, the fragmentation and destruction of wildlife

1211

habitats, the loss of outdoor recreation space, and the

1212

diminishment of wetlands, forests, working landscapes and coastal

1213

open space and public beaches.

1214

     3.  The potential development of Florida's remaining natural

1215

areas and escalation of land values require a continuation of

1216

government efforts to restore, bring under public protection, or

1217

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

1218

ecological functions and invaluable quality of life.

1219

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

1220

promoting a more efficient use of land, ensuring opportunities

1221

for viable agricultural activities on working lands, and to

1222

promote vital rural and urban communities which support and

1223

produce development patterns consistent with natural resource

1224

protection.

1225

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

1226

under tremendous pressure due to population growth and economic

1227

expansion and require special protection and restoration efforts,

1228

including the protection of uplands and springsheds that provide

1229

vital recharge to aquifer systems and are critical to the

1230

protection of water quality and water quantity of the aquifers

1231

and springs. A variety of incentives should be developed for

1232

landowners to help maintain these lands, including options that

1233

encourage the cultivation of water and other ecosystem resource

1234

services. To ensure that sufficient quantities of water are

1235

available to meet the current and future needs of the natural

1236

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

1237

planning goals of the department and the water management

1238

districts, water resource development projects on public lands,

1239

where compatible with the resource values of and management

1240

objectives for the lands, are appropriate.

1241

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

1242

Florida for high-quality outdoor recreational opportunities,

1243

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

1244

previous acquisition programs. Through such programs as the

1245

Florida Communities Trust and the Florida Recreation Development

1246

Assistance Program, the state shall place additional emphasis on

1247

acquiring, protecting, preserving, and restoring open space,

1248

ecological greenways, and recreation properties within urban,

1249

suburban and rural areas where pristine natural communities or

1250

water bodies no longer exist because of the proximity of

1251

developed property.

1252

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

1253

Florida Everglades, are facing ecological collapse due to

1254

Florida's burgeoning population growth and other economic

1255

activities. To preserve these valuable ecosystems for future

1256

generations, essential parcels of land must be acquired to

1257

facilitate ecosystem restoration.

1258

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

1259

outdoor recreational opportunities and the development of

1260

necessary infrastructure, where compatible with the resource

1261

values of and management objectives for such lands, promotes an

1262

appreciation for Florida's natural assets and improves the

1263

quality of life.

1264

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

1265

interest, or other techniques in any lesser interest, shall

1266

should be based on a comprehensive science-based assessment of

1267

Florida's natural resources that targets essential conservation

1268

lands by prioritizing all current and future acquisitions based

1269

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

1270

integrity and function of ecological systems and working

1271

landscapes, and provide multiple benefits, including preservation

1272

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

1273

well as rural areas, and the restoration of natural water

1274

storage, flow, and recharge.

1275

     109. The state has embraced performance-based program

1276

budgeting as a tool to evaluate the achievements of publicly

1277

funded agencies, build in accountability, and reward those

1278

agencies which are able to consistently achieve quantifiable

1279

goals. While previous and existing state environmental programs

1280

have achieved varying degrees of success, few of these programs

1281

can be evaluated as to the extent of their achievements,

1282

primarily because performance measures, standards, outcomes, and

1283

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

1284

Forever program shall be developed and implemented in the context

1285

of measurable state goals and objectives.

1286

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

1287

focus and direction of the state's major land acquisition

1288

programs and to extend funding and bonding capabilities, so that

1289

future generations may enjoy the natural resources of Florida.

1290

     (b)  The Legislature recognizes that acquisition is only one

1291

way to achieve the aforementioned goals and encourages the

1292

development of creative partnerships between governmental

1293

agencies and private landowners. Land protection agreements,

1294

rural land stewardship agreements, sector planning, mitigation,

1295

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

1296

environmentally sensitive tracts under an acceptable level of

1297

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

1298

provide private landowners with the opportunity to enjoy and

1299

benefit from their property.

1300

     (c)  Public agencies or other entities that receive funds

1301

under this section shall are encouraged to better coordinate

1302

their expenditures so that project acquisitions, when combined

1303

with acquisitions under Florida Forever, Preservation 2000, Save

1304

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

1305

acquisition programs, will form more complete patterns of

1306

protection for natural areas, ecological greenways, and

1307

functioning ecosystems, to better accomplish the intent of this

1308

section.

1309

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

1310

public lands must accompany any new land acquisition program to

1311

ensure that the natural resource values of such lands are

1312

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

1313

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

1314

benefits of its investment of public dollars. Innovative

1315

strategies such as public-private partnerships and inter-agency

1316

planning and sharing of resources shall be used to achieve the

1317

state's management goals.

1318

     (e)  With limited dollars available for restoration and

1319

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

1320

management and capital improvements, a competitive selection

1321

process shall can select those projects best able to meet the

1322

goals of Florida Forever and maximize the efficient use of the

1323

program's funding.

1324

     (f)  To ensure success and provide accountability to the

1325

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

1326

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

1327

to implement the goals and objectives recommended by a

1328

comprehensive science-based assessment and the Florida Forever

1329

Advisory Council as approved by the Board of Trustees of the

1330

Internal Improvement Trust Fund and the Legislature.

1331

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

1332

Legislature recognizes the desires of the citizens of this state

1333

to prosper through economic development and to preserve the

1334

natural areas and recreational open space of Florida. The

1335

Legislature further recognizes the urgency of restoring the

1336

natural functions of public lands or water bodies before they are

1337

degraded to a point where recovery may never occur, yet

1338

acknowledges the difficulty of ensuring adequate funding for

1339

restoration efforts in light of other equally critical financial

1340

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

1341

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

1342

fiscally responsible manner, by issuing bonds to be repaid with

1343

documentary stamp tax, or other revenue sources.

1344

     (h)  The Legislature further recognizes the important role

1345

that many of our state and federal military installations

1346

contribute to protecting and preserving Florida's natural

1347

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

1348

land conservation plans overlap with the military's need to

1349

protect lands, waters, and habitat to ensure the sustainability

1350

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

1351

agencies receiving funds under this program cooperate with our

1352

military partners to protect and buffer military installations

1353

and military airspace, by:

1354

     1.  Protecting habitat on nonmilitary land for any species

1355

found on military land that is designated as threatened or

1356

endangered, or is a candidate for such designation under the

1357

Endangered Species Act or any Florida statute;

1358

     2.  Protecting areas underlying low-level military air

1359

corridors or operating areas; and

1360

     3.  Protecting areas identified as clear zones, accident

1361

potential zones, and air installation compatible use buffer zones

1362

delineated by our military partners.

1363

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

1364

reserve accounts and other costs associated with bonds, the

1365

proceeds of cash payments or bonds issued pursuant to this

1366

section shall be deposited into the Florida Forever Trust Fund

1367

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

1368

Department of Environmental Protection in the following manner:

1369

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

1370

Protection for the acquisition of lands and capital project

1371

expenditures necessary to implement the water management

1372

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

1373

funds are to be distributed to the water management districts as

1374

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

1375

funds provided over the life of the Florida Forever program

1376

pursuant to this paragraph shall be used for the acquisition of

1377

lands.

1378

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

1379

Protection for the acquisition of lands and capital project

1380

expenditures described in this section. Of the proceeds

1381

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

1382

Legislature that an increased priority be given to those

1383

acquisitions which achieve a combination of conservation goals,

1384

including protecting Florida's water resources and natural

1385

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

1386

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

1387

shall be spent on capital project expenditures identified during

1388

the time of acquisition that meets land management planning

1389

activities necessary for public access may not exceed 10 percent

1390

of the funds allocated pursuant to this paragraph.

1391

     (c)  Twenty-two percent to the Department of Community

1392

Affairs for use by the Florida Communities Trust for the purposes

1393

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

1394

subsection, and grants to local governments or nonprofit

1395

environmental organizations that are tax-exempt under s.

1396

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

1397

acquisition of community-based projects, urban open spaces,

1398

parks, and greenways to implement local government comprehensive

1399

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

1400

acquisition, 75 percent shall be matched by local governments on

1401

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

1402

Florida Communities Trust emphasize funding projects in low-

1403

income or otherwise disadvantaged communities. At least 30

1404

percent of the total allocation provided to the trust shall be

1405

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

1406

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

1407

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

1408

and functions to intersperse open spaces within congested urban

1409

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

1410

percent shall be used to acquire lands for recreational trail

1411

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

1412

for such projects, they will be available for other trust

1413

projects. Local governments may use federal grants or loans,

1414

private donations, or environmental mitigation funds, including

1415

environmental mitigation funds required pursuant to s. 338.250,

1416

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

1417

funded through the Florida Communities Trust. Any lands purchased

1418

by nonprofit organizations using funds allocated under this

1419

paragraph must provide for such lands to remain permanently in

1420

public use through a reversion of title to local or state

1421

government, conservation easement, or other appropriate

1422

mechanism. Projects funded with funds allocated to the Trust

1423

shall be selected in a competitive process measured against

1424

criteria adopted in rule by the Trust.

1425

     (d)  Two percent to the Department of Environmental

1426

Protection for grants pursuant to s. 375.075.

1427

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

1428

Environmental Protection for the purchase of inholdings and

1429

additions to state parks and for capital project expenditures as

1430

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

1431

than 10 percent, of the funds allocated pursuant to this

1432

paragraph, shall be spent on capital project expenditures

1433

identified during the time of acquisition that meets land

1434

management planning activities necessary for public access may

1435

not exceed 10 percent of the funds allocated under this

1436

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

1437

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

1438

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

1439

may come under its jurisdiction.

1440

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

1441

of the Department of Agriculture and Consumer Services to fund

1442

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

1443

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

1444

the implementation of reforestation plans or sustainable forestry

1445

management practices, and for capital project expenditures as

1446

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

1447

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

1448

inholdings and additions pursuant to this paragraph, shall be

1449

spent on capital project expenditures identified during the time

1450

of acquisition that meets land management planning activities

1451

necessary for public access may not exceed 10 percent of the

1452

funds allocated under this paragraph.

1453

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

1454

Conservation Commission to fund the acquisition of inholdings and

1455

additions to lands managed by the commission which are important

1456

to the conservation of fish and wildlife and for capital project

1457

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

1458

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

1459

pursuant to this paragraph, shall be spent on capital project

1460

expenditures identified during the time of acquisition that meets

1461

land management planning activities necessary for public access

1462

may not exceed 10 percent of the funds allocated under this

1463

paragraph.

1464

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

1465

Environmental Protection for the Florida Greenways and Trails

1466

Program, to acquire greenways and trails or greenways and trail

1467

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

1468

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

1469

Trail and for capital project expenditures as described in this

1470

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

1471

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

1472

capital project expenditures identified during the time of

1473

acquisition that meets land management planning activities

1474

necessary for public access may not exceed 10 percent of the

1475

funds allocated under this paragraph.

1476

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

1477

or proceeds of Florida Forever bonds distributed under this

1478

section shall be expended in an efficient and fiscally

1479

responsible manner. An agency that receives proceeds from Florida

1480

Forever bonds under this section may not maintain a balance of

1481

unencumbered funds in its Florida Forever subaccount beyond 3

1482

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

1483

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

1484

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

1485

the Legislature at its next regular session for use in the

1486

Florida Forever program.

1487

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

1488

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

1489

individual acquisition or restoration lists in accordance with

1490

specific criteria and numeric performance measures developed

1491

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

1492

they are identified within the original project boundary, the

1493

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

1494

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

1495

Proposed additions not meeting the requirements of this paragraph

1496

shall be submitted to the Acquisition and Restoration Council for

1497

approval. The council may only approve the proposed addition if

1498

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

1499

or corridor to other publicly owned property; enhances the

1500

protection or management of the property; would add a desirable

1501

resource to the property; would create a more manageable boundary

1502

configuration; has a high resource value that otherwise would be

1503

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

1504

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

1505

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

1506

contribute to the achievement of the following goals, which shall

1507

be evaluated in accordance with specific criteria and numeric

1508

performance measures developed pursuant s. 259.035(4):

1509

     (a)  Enhance the coordination and completion of land

1510

acquisition projects, as measured by:

1511

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

1512

acquisition programs that contribute to the enhancement of

1513

essential natural resources, ecosystem service parcels, and

1514

connecting linkage corridors as identified and developed by the

1515

best available scientific analysis completion of Florida

1516

Preservation 2000 projects or projects begun before Preservation

1517

2000;

1518

     2.  The number of acres protected through the use of

1519

alternatives to fee simple acquisition; or

1520

     3.  The number of shared acquisition projects among Florida

1521

Forever funding partners and partners with other funding sources,

1522

including local governments and the Federal Government.

1523

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

1524

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

1525

by:

1526

     1.  The number of acres acquired of significant strategic

1527

habitat conservation areas;

1528

     2.  The number of acres acquired of highest priority

1529

conservation areas for Florida's rarest species;

1530

     3.  The number of acres acquired of significant landscapes,

1531

landscape linkages, and conservation corridors, giving priority

1532

to completing linkages;

1533

     4.  The number of acres acquired of underrepresented native

1534

ecosystems;

1535

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

1536

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

1537

or restorable natural communities established through new

1538

acquisition projects or augmentations to previous projects; or

1539

     6.  The percentage increase in the number of occurrences of

1540

endangered species, threatened species, or species of special

1541

concern on publicly managed conservation areas.

1542

     (c)  Protect, restore, and maintain the quality and natural

1543

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

1544

measured by:

1545

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

1546

needing restoration, acres undergoing restoration, and acres with

1547

restoration activities completed;

1548

     2.  The percentage of water segments that fully meet,

1549

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

1550

in the Department of Environmental Protection's State Water

1551

Quality Assessment 305(b) Report;

1552

     3.  The percentage completion of targeted capital

1553

improvements in surface water improvement and management plans

1554

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

1555

management system plans, or other adopted restoration plans;

1556

     4.  The number of acres acquired that protect natural

1557

floodplain functions;

1558

     5.  The number of acres acquired that protect surface waters

1559

of the state;

1560

     6.  The number of acres identified for acquisition to

1561

minimize damage from flooding and the percentage of those acres

1562

acquired;

1563

     7.  The number of acres acquired that protect fragile

1564

coastal resources;

1565

     8.  The number of acres of functional wetland systems

1566

protected;

1567

     9.  The percentage of miles of critically eroding beaches

1568

contiguous with public lands that are restored or protected from

1569

further erosion;

1570

     10.  The percentage of public lakes and rivers in which

1571

invasive, nonnative aquatic plants are under maintenance control;

1572

or

1573

     11.  The number of acres of public conservation lands in

1574

which upland invasive, exotic plants are under maintenance

1575

control.

1576

     (d)  Ensure that sufficient quantities of water are

1577

available to meet the current and future needs of natural systems

1578

and the citizens of the state, as measured by:

1579

     1.  The number of acres acquired which provide retention and

1580

storage of surface water in naturally occurring storage areas,

1581

such as lakes and wetlands, consistent with the maintenance of

1582

water resources or water supplies and consistent with district

1583

water supply plans;

1584

     2.  The quantity of water made available through the water

1585

resource development component of a district water supply plan

1586

for which a water management district is responsible; or

1587

     3.  The number of acres acquired of groundwater recharge

1588

areas critical to springs, sinks, aquifers, other natural

1589

systems, or water supply.

1590

     (e)  Increase natural resource-based public recreational and

1591

educational opportunities, as measured by:

1592

     1.  The number of acres acquired that are available for

1593

natural resource-based public recreation or education;

1594

     2.  The miles of trails that are available for public

1595

recreation, giving priority to those that provide significant

1596

connections including those that will assist in completing the

1597

Florida National Scenic Trail; or

1598

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

1599

by type, made available on public land.

1600

     (f)  Preserve significant archaeological or historic sites,

1601

as measured by:

1602

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

1603

and archaeological properties listed in the Florida Master Site

1604

File or National Register of Historic Places which are protected

1605

or preserved for public use; or

1606

     2.  The increase in the number and percentage of historic

1607

and archaeological properties that are in state ownership.

1608

     (g)  Increase the amount of forestland available for

1609

sustainable management of natural resources, as measured by:

1610

     1.  The number of acres acquired that are available for

1611

sustainable forest management;

1612

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

1613

for economic return in accordance with current best management

1614

practices;

1615

     3.  The number of acres of forestland acquired that will

1616

serve to maintain natural groundwater recharge functions; or

1617

     4.  The percentage and number of acres identified for

1618

restoration actually restored by reforestation.

1619

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

1620

areas, as measured by:

1621

     1.  The percentage of local governments that participate in

1622

land acquisition programs and acquire open space in urban cores;

1623

or

1624

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

1625

space within urban service areas.

1626

1627

Florida Forever projects and acquisitions funded pursuant to

1628

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

1629

the Florida Communities Trust Governing Board created in s.

1630

380.504.

1631

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

1632

managed for multiple-use purposes, where compatible with the

1633

resource values of and management objectives for such lands. As

1634

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

1635

to, outdoor recreational activities as described in ss. 253.034

1636

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

1637

sustainable forestry management, carbon sequestration, carbon

1638

mitigation, or carbon offsets.

1639

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

1640

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

1641

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

1642

     (c) For purposes of this section, the Board of Trustees of

1643

the Internal Improvement Trust Fund shall adopt rules, pertaining

1644

to the use of state lands for carbon sequestration, carbon

1645

mitigation, or carbon offsets, that provide for climate change

1646

related benefits.

1647

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

1648

supply development project may be allowed only if the following

1649

conditions are met: minimum flows and levels have been

1650

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

1651

expected to experience significant harm to water resources as a

1652

result of the project; the project complies with all applicable

1653

permitting requirements; and the project is consistent with the

1654

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

1655

district and with relevant recovery or prevention strategies if

1656

required pursuant to s. 373.0421(2).

1657

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

1658

thereafter, the Acquisition and Restoration Council shall accept

1659

applications from state agencies, local governments, nonprofit

1660

and for-profit organizations, private land trusts, and

1661

individuals for project proposals eligible for funding pursuant

1662

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

1663

received pursuant to this subsection to ensure that they meet at

1664

least one of the criteria under subsection (9).

1665

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

1666

following:

1667

     1.  A minimum of two numeric performance measures that

1668

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

1669

performance measure shall include a baseline measurement, which

1670

is the current situation; a performance standard which the

1671

project sponsor anticipates the project will achieve; and the

1672

performance measurement itself, which should reflect the

1673

incremental improvements the project accomplishes towards

1674

achieving the performance standard.

1675

     2.  Proof that property owners within any proposed

1676

acquisition have been notified of their inclusion in the proposed

1677

project. Any property owner may request the removal of such

1678

property from further consideration by submitting a request to

1679

the project sponsor or the Acquisition and Restoration Council by

1680

certified mail. Upon receiving this request, the council shall

1681

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

1682

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

1683

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

1684

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

1685

members that such property is critical to achieve the purposes of

1686

the project.

1687

     (c)  The title to lands acquired under this section shall

1688

vest in the Board of Trustees of the Internal Improvement Trust

1689

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

1690

district shall vest in the name of that district and lands

1691

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

1692

purchasing local government. All deeds or leases with respect to

1693

any real property acquired with funds received by a water

1694

management district pursuant to this section shall contain a

1695

reversion, conveyance, or termination clause that will vest title

1696

in the Board of Trustees of the Internal Improvement Trust Fund

1697

prior to any disposition or surplus of such lands.

1698

     (8)  The Acquisition and Restoration Council shall develop a

1699

project list that shall represent those projects submitted

1700

pursuant to subsection (7).  

1701

     (9) The Acquisition and Restoration Council shall adopt an

1702

annual workplan that provides a priority ranking for recommend

1703

rules for adoption by the board of trustees to competitively

1704

evaluate, select, and rank projects eligible for Florida Forever

1705

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

1706

Conservation and Recreation Lands list pursuant to ss. 259.032

1707

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

1708

the Acquisition and Restoration Council shall give weight to the

1709

following criteria:

1710

     (a)  The project meets multiple goals described in

1711

subsection (4).

1712

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

1713

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

1714

     (c)  The project enhances or facilitates management of

1715

properties already under public ownership.

1716

     (d)  The project has significant archaeological or historic

1717

value.

1718

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

1719

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

1720

     (f)  The project contributes to the solution of water

1721

resource problems on a regional basis.

1722

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

1723

in imminent danger of development, in imminent danger of losing

1724

its significant natural attributes or recreational open space, or

1725

in imminent danger of subdivision which would result in multiple

1726

ownership and make acquisition of the project costly or less

1727

likely to be accomplished.

1728

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

1729

by an ecosystem management team.

1730

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

1731

restoration effort.

1732

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

1733

value.

1734

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

1735

tax incentives, mitigation funds or other revenues, and

1736

alternatives to fee simple, including but not limited to,

1737

purchase of development rights, hunting rights, agricultural or

1738

silvicultural rights, or mineral rights or obtaining conservation

1739

easements or flowage easements.

1740

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

1741

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

1742

public-private partnership.

1743

     (10)  The Acquisition and Restoration Council shall give

1744

increased priority to those projects for which matching funds are

1745

available and to project elements previously identified on an

1746

acquisition list pursuant to this section that can be acquired at

1747

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

1748

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

1749

conservation plans overlap with the military's need to protect

1750

lands, water, and habitat to ensure the sustainability of

1751

military missions including:

1752

     (a)  Protecting habitat on nonmilitary land for any species

1753

found on military land that is designated as threatened or

1754

endangered, or is a candidate for such designation under the

1755

Endangered Species Act or any Florida statute;

1756

     (b)  Protecting areas underlying low-level military air

1757

corridors or operating areas; and

1758

     (c)  Protecting areas identified as clear zones, accident

1759

potential zones, and air installation compatible use buffer zones

1760

delineated by our military partners, and for which federal or

1761

other funding is available to assist with the project.

1762

     (11)  For the purposes of funding projects pursuant to

1763

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

1764

ensure that each water management district receives the following

1765

percentage of funds annually:

1766

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

1767

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

1768

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

1769

Department of Environmental Protection into the Save Our

1770

Everglades Trust Fund and shall be used exclusively to implement

1771

the comprehensive plan under s. 373.470.

1772

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

1773

Management District.

1774

     (c)  Twenty-five percent to the St. Johns River Water

1775

Management District.

1776

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

1777

Management District.

1778

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

1779

Water Management District.

1780

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

1781

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

1782

that these funds not be used to abrogate the financial

1783

responsibility of those point and nonpoint sources that have

1784

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

1785

an increased priority shall be given by the water management

1786

district governing boards to those projects that have secured a

1787

cost-sharing agreement allocating responsibility for the cleanup

1788

of point and nonpoint sources.

1789

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

1790

and Restoration Council shall be required in order to place a

1791

proposed project on the list developed pursuant to subsection

1792

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

1793

relationship has a connection with any project proposed to be

1794

ranked shall declare such interest prior to voting for a

1795

project's inclusion on the list.

1796

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

1797

issued pursuant to this section, the Acquisition and Restoration

1798

Council shall review the most current approved project list and

1799

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

1800

Trustees of the Internal Improvement Trust Fund for approval a

1801

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

1802

board of trustees may remove projects from the list developed

1803

pursuant to this subsection, but may not add projects or

1804

rearrange project rankings.

1805

     (15)  The Acquisition and Restoration Council shall submit

1806

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

1807

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

1808

information for each project listed:

1809

     (a)  The stated purpose for inclusion.

1810

     (b)  Projected costs to achieve the project goals.

1811

     (c) An interim management budget that includes all costs

1812

associated with immediate public access.

1813

     (d)  Specific performance measures.

1814

     (e)  Plans for public access.

1815

     (f)  An identification of the essential parcel or parcels

1816

within the project without which the project cannot be properly

1817

managed.

1818

     (g)  Where applicable, an identification of those projects

1819

or parcels within projects which should be acquired in fee simple

1820

or in less than fee simple.

1821

     (h)  An identification of those lands being purchased for

1822

conservation purposes.

1823

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

1824

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

1825

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

1826

values.

1827

     (k)  A map delineating project boundaries.

1828

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

1829

outdoor recreational value, forest resources, wildlife resources,

1830

ownership pattern, utilization, and location.

1831

     (m)  A discussion of whether alternative uses are proposed

1832

for the property and what those uses are.

1833

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

1834

     (16)  All proposals for projects pursuant to paragraph

1835

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

1836

the Acquisition and Restoration Council and approved by the board

1837

of trustees. The council shall consider and evaluate in writing

1838

the merits and demerits of each project that is proposed for

1839

Florida Forever funding and each proposed addition to the

1840

Conservation and Recreation Lands list program. The council shall

1841

ensure that each proposed project will meet a stated public

1842

purpose for the restoration, conservation, or preservation of

1843

environmentally sensitive lands and water areas or for providing

1844

outdoor recreational opportunities and that each proposed

1845

addition to the Conservation and Recreation Lands list will meet

1846

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

1847

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

1848

or addition conforms, where applicable, with the comprehensive

1849

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

1850

multipurpose outdoor recreation plan developed pursuant to s.

1851

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

1852

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

1853

s. 373.199, and the provisions of this section.

1854

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

1855

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

1856

the owning water management district, may authorize the granting

1857

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

1858

acquired pursuant to this section, for certain uses that are

1859

determined by the appropriate board to be compatible with the

1860

resource values of and management objectives for such lands.

1861

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

1862

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

1863

acquired pursuant to this section shall be presumed to be

1864

compatible with the purposes for which such lands were acquired.

1865

     (c)  Notwithstanding the provisions of paragraph (a), no

1866

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

1867

Department of Environmental Protection or other appropriate state

1868

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

1869

adversely affect the exclusion of the interest on any revenue

1870

bonds issued to fund the acquisition of the affected lands from

1871

gross income for federal income tax purposes, pursuant to

1872

Internal Revenue Service regulations.

1873

     (18)  The Acquisition and Restoration Council shall

1874

recommend adoption of rules by the board of trustees necessary to

1875

implement the provisions of this section relating to:

1876

solicitation, scoring, selecting, and ranking of Florida Forever

1877

project proposals; disposing of or leasing lands or water areas

1878

selected for funding through the Florida Forever program; and the

1879

process of reviewing and recommending for approval or rejection

1880

the land management plans associated with publicly owned

1881

properties. Rules promulgated pursuant to this subsection shall

1882

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

1883

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

1884

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

1885

shall become effective only after legislative review. In its

1886

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

1887

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

1888

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

1889

taken by the Legislature, such rules shall become effective.

1890

     (19)  Lands listed as projects for acquisition under the

1891

Florida Forever program may be managed for conservation pursuant

1892

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

1893

anticipation of a state purchase in accordance with a contractual

1894

arrangement between the acquiring agency and the private party

1895

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

1896

arrangements, or resource conservation agreements. Lands

1897

designated as eligible under this subsection shall be managed to

1898

maintain or enhance the resources the state is seeking to protect

1899

by acquiring the land and to accelerate public access to the

1900

lands as soon as practicable. Funding for these contractual

1901

arrangements may originate from the documentary stamp tax revenue

1902

deposited into the Conservation and Recreation Lands Trust Fund

1903

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

1904

funds allocated under the trust funds shall be expended for this

1905

purpose.

1906

     (20) The Acquisition and Restoration Council, as successors

1907

to the Land Acquisition and Management Advisory Council, may

1908

amend existing Conservation and Recreation Lands projects and add

1909

to or delete from the 2000 Conservation and Recreation Lands list

1910

until funding for the Conservation and Recreation Lands program

1911

has been expended. The amendments to the 2000 Conservation and

1912

Recreation Lands list will be reported to the board of trustees

1913

in conjunction with the council's report developed pursuant to

1914

subsection (15).

1915

     Section 12.  Subsection (1) of section 259.1051, Florida

1916

Statutes, is amended to read:

1917

     259.1051  Florida Forever Trust Fund.--

1918

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

1919

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

1920

375.031. The Florida Forever Trust Fund shall be held and

1921

administered by the Department of Environmental Protection.

1922

Proceeds from the sale of bonds, except proceeds of refunding

1923

bonds, issued under s. 215.618 and payable from moneys

1924

transferred to the Land Acquisition Trust Fund under s.

1925

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

1926

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

1927

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

1928

the Division of Bond Finance of the State Board of Administration

1929

may provide for additional provisions that govern the

1930

disbursement of the bond proceeds.

1931

     Section 13.  Subsection (3) of section 375.075, Florida

1932

Statutes, is amended to read:

1933

     375.075  Outdoor recreation; financial assistance to local

1934

governments.--

1935

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

1936

applications during each application period announced by the

1937

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

1938

four three active projects expending grant funds during any state

1939

fiscal year. The maximum project grant for each project

1940

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

1941

     Section 14.  This act shall take effect July 1, 2008.

1942

1943

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

1944

And the title is amended as follows:

1945

     Delete everything before the enacting clause

1946

and insert:

1947

A bill to be entitled

1948

An act relating to land acquisition and management;

1949

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

1950

debt service; extending the deadline of Florida Forever

1951

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

1952

the distribution of bonds for acquisition of conservation

1953

lands; increasing the bonding authority for issuance of

1954

Florida Forever bonds; directing the Legislature to

1955

complete a debt analysis prior to the issuance of any such

1956

bonds by a date certain; directing the Legislature to

1957

complete an analysis on potential revenue sources by a

1958

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

1959

appraisals of land under certain circumstances; deleting

1960

provisions that allow appraisers to reject an appraisal

1961

report under certain conditions; providing authority to

1962

the Board of Trustees of the Internal Improvement Trust

1963

Fund to waive sales history requirements under certain

1964

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

1965

Department of Environmental Protection to modernize

1966

information systems; requiring a annual report of state

1967

lands acquired by each recipient of funds; amending s.

1968

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

1969

surplus; requiring additional appraisals under certain

1970

conditions; providing authority to the Fish and Wildlife

1971

Conservation Commission to manage lands for imperiled

1972

species under certain conditions; amending s. 253.111,

1973

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

1974

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

1975

requirements of sale of nonsovereignty lands owned by the

1976

Board of Trustees of the Internal Improvement Trust Fund;

1977

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

1978

requiring priority purchase of conservation and

1979

recreational lands with high concentrations of population;

1980

authorizing payment in lieu of taxes to purchase

1981

conservation lands; establishing a minimum for funds

1982

expended for the management of state-owned land; deleting

1983

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

1984

authorizing the Acquisition and Restoration Council;

1985

establishing membership criteria; directing the council to

1986

establish specific criteria and numeric performance

1987

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

1988

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

1989

preservation, conservation, and recreation purposes;

1990

requiring Legislative approval for acquisitions by the

1991

state exceeding a certain amount; increasing appraisal

1992

thresholds; requiring specific language be included on

1993

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

1994

the Florida Forever Act; providing Legislative intent;

1995

provides for funds to be deposited in the Florida Forever

1996

Trust Fund; requiring bonded monies be spent for capital

1997

improvements under certain conditions; provides for the

1998

expenditure of funds for conservation and agricultural

1999

easements under certain conditions; provides for the

2000

inclusion of carbon sequestration as a multiple use;

2001

provides ruling making authority for the board; provides

2002

for the reversion of lands to the board under certain

2003

conditions; requires an annual workplan be developed by

2004

the council; provides allowances for alternatives to fee-

2005

simple purchases; deletes obsolete language; amending s.

2006

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

2007

fund; increasing bonding authority; amending s. 375.075,

2008

F.S.; providing financial assistance to local governments

2009

for outdoor recreation; increasing application and grant

2010

limitations; providing an effective date.

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