1

A bill to be entitled

2

An act relating to land acquisition and management;

3

amending s. 201.15, F.S., relating to the distribution of

4

taxes collected for debt service; extending the deadline

5

for retiring the bonds issued under the Florida Forever

6

Act; amending s. 215.618, F.S.; authorizing the

7

distribution of bonds for the acquisition of conservation

8

lands; increasing the bonding authority for issuance of

9

Florida Forever bonds; directing the Legislature to

10

complete a debt analysis prior to the issuance of any such

11

bonds by a date certain; directing the Legislature to

12

complete an analysis on potential revenue sources by a

13

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

14

appraisals of land under certain circumstances; deleting

15

provisions that allow appraisers to reject an appraisal

16

report under certain conditions; providing authority to

17

the Board of Trustees of the Internal Improvement Trust

18

Fund to waive sales history requirements under certain

19

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

20

Department of Environmental Protection to modernize its

21

information systems; requiring a annual report of state

22

lands acquired by each recipient of funds; amending s.

23

253.034, F.S.; defining the term "public access" for

24

purposes of chapters 253 and 259, F.S.; requiring that

25

land management plans provide short-term and long-term

26

management goads; specifying measurable objectives;

27

requiring that a land management plan contain certain

28

elements; revising requirements for determining which

29

state-owned lands may be surplus lands; requiring

30

additional appraisals under certain conditions; requiring

31

the Division of State Lands to contract with an

32

organization for the purpose of determining the value of

33

carbon capture and carbon sequestration with respect to

34

state lands and provide an inventory to the board of

35

trustees; authorizing to the Fish and Wildlife

36

Conservation Commission to manage lands for imperiled

37

species under certain conditions; requiring a report to

38

the Legislature; providing for future expiration of such

39

authority; amending s. 253.111, F.S.; extending the period

40

within which a board of county commissioners must provide

41

a resolution to the Board of Trustees of the Internal

42

Improvement Trust Fund before state-owned lands are

43

otherwise sold; amending s. 253.82, F.S.; revising

44

requirements of the sale of nonsovereignty lands owned by

45

the board of trustees; deleting appraisal limitations;

46

amending s. 259.032, F.S.; requiring priority purchase of

47

conservation and recreational lands that have high

48

concentrations of population and certain agricultural

49

lands; revising requirements for land management plans;

50

establishing a minimum for funds expended for the

51

management of state-owned land; requiring the Land

52

Management Uniform Accounting Council to report on the

53

formula for allocating land management funds; providing

54

requirements for the report; deleting obsolete provisions;

55

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

56

establishing the Acquisition and Restoration Council;

57

revising membership criteria; directing the council to

58

establish specific criteria and numeric performance

59

measures for the acquisition of land; amending s. 259.037,

60

F.S.; revising the categories used by the Land Management

61

Uniform Accounting Council to collect and report the costs

62

of land management activities; requiring agencies to

63

report additional information to the council; amending s.

64

259.041, F.S., relating to the acquisition of state-owned

65

lands for preservation, conservation, and recreation

66

purposes; requiring Legislative approval for acquisitions

67

by the state exceeding a certain amount; increasing

68

appraisal thresholds; requiring that specific language be

69

included on option contracts; amending s. 259.105, F.S.,

70

relating to the Florida Forever Act; revising Legislative

71

intent; providing for funds to be deposited in the Florida

72

Forever Trust Fund; requiring bonded moneys be spent for

73

capital improvements under certain conditions; providing

74

for the expenditure of funds for conservation and

75

agricultural easements under certain conditions; providing

76

for the inclusion of carbon sequestration as a multiple

77

use; providing rulemaking authority for the board of

78

trustees; providing for the reversion of lands to the

79

board of trustees under certain conditions; requiring an

80

annual work plan be developed by the Acquisition and

81

Restoration Council; authorizing alternatives to fee-

82

simple purchases; deleting obsolete provisions; amending

83

s. 259.1051, F.S., relating to the Florida Forever Trust

84

Fund; increasing bonding authority; amending s. 373.089,

85

F.S.; clarifying the process for disposing of surplus

86

lands; amending s. 373.1391, F.S.; providing additional

87

oversight authority to the department; amending s.

88

373.199, F.S.; clarifying work plan requirements; amending

89

s. 375.075, F.S.; providing financial assistance to local

90

governments for outdoor recreation; increasing application

91

and grant limitations; providing an effective date.

92

93

Be It Enacted by the Legislature of the State of Florida:

94

95

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

96

201.15, Florida Statutes, is amended to read:

97

     201.15  Distribution of taxes collected.--All taxes

98

collected under this chapter shall be distributed as follows and

99

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

100

except that such service charge shall not be levied against any

101

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

102

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

103

amounts relating to the bonds:

104

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

105

remaining taxes collected under this chapter shall be used for

106

the following purposes:

107

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

108

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

109

other amounts payable with respect to Preservation 2000 bonds

110

issued pursuant to s. 375.051 and Florida Forever bonds issued

111

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

112

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

113

purposes. The amount transferred to the Land Acquisition Trust

114

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

115

thereafter for Preservation 2000 bonds and bonds issued to refund

116

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

117

2001 and thereafter for Florida Forever bonds. The annual amount

118

transferred to the Land Acquisition Trust Fund for Florida

119

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

120

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

121

transferred shall be increased by an additional $30 million in

122

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

123

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

124

of the Legislature that all bonds issued to fund the Florida

125

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

126

bonds issued to refund previously issued bonds, no series of

127

bonds may be issued pursuant to this paragraph unless such bonds

128

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

129

year in which the bonds are issued is specifically appropriated

130

in the General Appropriations Act. For purposes of refunding

131

Preservation 2000 bonds, amounts designated within this section

132

for Preservation 2000 and Florida Forever bonds may be

133

transferred between the two programs to the extent provided for

134

in the documents authorizing the issuance of the bonds. The

135

Preservation 2000 bonds and Florida Forever bonds shall be

136

equally and ratably secured by moneys distributable to the Land

137

Acquisition Trust Fund pursuant to this section, except to the

138

extent specifically provided otherwise by the documents

139

authorizing the issuance of the bonds. No moneys transferred to

140

the Land Acquisition Trust Fund pursuant to this paragraph, or

141

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

142

service on the Save Our Coast revenue bonds.

143

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

144

Statutes, is amended to read:

145

     215.618  Bonds for acquisition and improvement of land,

146

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

147

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

148

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

149

and improvement of land, water areas, and related property

150

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

151

purposes of restoration, conservation, recreation, water resource

152

development, or historical preservation, and for capital

153

improvements to lands and water areas that accomplish

154

environmental restoration, enhance public access and recreational

155

enjoyment, promote long-term management goals, and facilitate

156

water resource development is hereby authorized, subject to the

157

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

158

the State Constitution. Florida Forever bonds may also be issued

159

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

160

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

161

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

162

series of Florida Forever bonds issued may not exceed 20 annual

163

maturities. Preservation 2000 bonds and Florida Forever bonds

164

shall be equally and ratably secured by moneys distributable to

165

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

166

except to the extent specifically provided otherwise by the

167

documents authorizing the issuance of the bonds.

168

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

169

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

170

the authorization of any bonds for land acquisition.

171

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

172

analysis of potential revenue sources for the Florida Forever

173

program.

174

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

175

Statutes, is amended to read:

176

     253.025  Acquisition of state lands for purposes other than

177

preservation, conservation, and recreation.--

178

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

179

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

180

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

181

as follows:

182

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

183

appraisal. Two appraisals are required when the estimated value

184

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

185

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

186

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

187

justified, a comparable sales analysis or other reasonably

188

prudent procedures may be used by the division to estimate the

189

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

190

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

191

lands and appurtenances that are being donated to the state.

192

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

193

the acquisition. The board of trustees shall approve qualified

194

fee appraisal organizations. All appraisals used for the

195

acquisition of lands pursuant to this section shall be prepared

196

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

197

certified appraiser. The board of trustees Division of State

198

Lands shall adopt rules for selecting individuals to perform

199

appraisals pursuant to this section. Each fee appraiser selected

200

to appraise a particular parcel shall, prior to contracting with

201

the agency, submit to that agency an affidavit substantiating

202

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

203

parcel.

204

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

205

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

206

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

207

practicable, generally accepted appraisal standards. Any

208

appraisal issued for acquisition of lands pursuant to this

209

section must comply with the rules adopted by the board of

210

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

211

requirements for upland parcels established in the Minimum

212

Technical Standards for Land Surveying in Florida published by

213

the Department of Business and Professional Regulation and which

214

accurately portrays, to the greatest extent practicable, the

215

condition of the parcel as it currently exists. The requirement

216

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

217

board of trustees any time prior to submitting the agreement for

218

purchase to the Division of State Lands. When an existing

219

boundary map and description of a parcel are determined by the

220

division to be sufficient for appraisal purposes, the division

221

director may temporarily waive the requirement for a survey until

222

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

223

appraiser and the review appraiser for the agency shall not act

224

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

225

owner.

226

     (d)  Appraisal reports are confidential and exempt from the

227

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

228

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

229

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

230

agreement for purchase is considered for approval by the board of

231

trustees. However, the Division of State Lands may disclose

232

appraisal information to public agencies or nonprofit

233

organizations that agree to maintain the confidentiality of the

234

reports or information when joint acquisition of property is

235

contemplated, or when a public agency or nonprofit organization

236

enters into a written agreement with the division to purchase and

237

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

238

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

239

agency or nonprofit organization, provided the appraiser is

240

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

241

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

242

this paragraph, "nonprofit organization" means an organization

243

whose purpose is the preservation of natural resources, and which

244

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

245

Internal Revenue Code. The agency may release an appraisal report

246

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

247

the report invalid.

248

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

249

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

250

division shall review such report for compliance with the rules

251

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

252

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

253

inspection of the subject property by the review appraiser. The

254

review appraiser may reject an appraisal report following a desk

255

review, but is prohibited from approving an appraisal report in

256

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

257

applicability of laws affecting an appraisal shall be addressed

258

by the legal office of the agency.

259

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

260

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

261

history shall include all parties and considerations with the

262

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

263

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

264

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

265

of trustees Secretary of Environmental Protection or the director

266

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

267

shall adopt a rule specifying guidelines for waiver of a sales

268

history.

269

     (g)  The board of trustees may consider an appraisal

270

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

271

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

272

an appraisal required by this subsection or to determine the

273

maximum offer allowed by law.

274

     Section 4.  Section 253.0325, Florida Statutes, is amended

275

to read:

276

     253.0325  Modernization of state lands records.--

277

     (1)  The Department of Environmental Protection shall

278

initiate an ongoing computerized information systems program to

279

modernize its state lands records and documents that relate to

280

all lands that have been acquired by all agencies under the

281

Florida Preservation 2000 Act pursuant to s. 259.101 or the

282

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

283

Florida Forever funds shall annually submit its records for lands

284

acquired for compilation of state lands records by the department

285

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

286

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

287

     (a)  A document management component to automate the storage

288

and retrieval of information contained in state lands records.

289

     (b)  A land records management component to organize the

290

records by key elements present in the data.

291

     (c)  An evaluation component which includes the collection

292

of resource and environmental data.

293

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

294

state-owned parcels using data from the land records management

295

and evaluation components.

296

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

297

department shall seek to ensure information systems compatibility

298

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

299

governmental agencies. The department also shall seek to promote

300

standardization in the collection of information regarding state-

301

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

302

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

303

department's modernization of state lands records shall not be

304

considered a final or complete accounting of lands which the

305

state owns or to which the state may claim ownership.

306

     Section 5.  Paragraph (d) is added to subsection (2) of

307

section 253.034, Florida Statutes, subsections (5), (6), and (8)

308

of that section are amended, and subsection (14) is added to that

309

section, to read:

310

     253.034  State-owned lands; uses.--

311

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

312

following meanings:

313

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

314

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

315

including vessel access made possible by boat ramps, and

316

associated parking and other support facilities, where compatible

317

with conservation and recreation objectives.

318

319

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

320

any other conveyance for which no consideration was paid, and

321

which are not managed for conservation, outdoor resource-based

322

recreation, or archaeological or historic preservation under a

323

land management plan approved by the board of trustees are not

324

conservation lands.

325

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

326

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

327

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

328

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

329

conservation lands shall also update a land management plan

330

whenever the manager proposes to add new facilities or make

331

substantive land use or management changes that were not

332

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

333

of significant new lands. Each manager of nonconservation lands

334

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

335

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

336

the board. The division shall review each plan for compliance

337

with the requirements of this subsection and the requirements of

338

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

339

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

340

properties, shall include an analysis of the property to

341

determine if any significant natural or cultural resources are

342

located on the property. Such resources include archaeological

343

and historic sites, state and federally listed plant and animal

344

species, and imperiled natural communities and unique natural

345

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

346

shall consult with the Division of State Lands and other

347

appropriate agencies to develop management strategies to protect

348

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

349

of invasive nonnative plants and conservation of soil and water

350

resources, including a description of how the manager plans to

351

control and prevent soil erosion and soil or water contamination.

352

Land use plans submitted by a manager shall include reference to

353

appropriate statutory authority for such use or uses and shall

354

conform to the appropriate policies and guidelines of the state

355

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

356

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

357

the property, which analysis shall include the potential of the

358

property to generate revenues to enhance the management of the

359

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

360

potential use of private land managers to facilitate the

361

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

362

newly acquired property has a valid conservation plan that was

363

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

364

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

365

plan is completed.

366

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

367

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

368

accessibility of state lands for the benefit and enjoyment of all

369

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

370

management plan shall provide a desired outcome, describe both

371

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

372

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

373

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

374

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

375

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

376

all subsequent land management activities.

377

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

378

measurable objectives for the following, as appropriate:

379

     1. Habitat restoration and improvement.

380

     2. Public access and recreational opportunities.

381

     3. Hydrological preservation and restoration.

382

     4. Sustainable forest management.

383

     5. Exotic and invasive species maintenance and control.

384

     6. Capital facilities and infrastructure.

385

     7. Cultural and historical resources.

386

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

387

following elements:

388

     1. A physical description of the land.

389

     2. A quantitative data description of the land which

390

includes an inventory of forest and other natural resources;

391

exotic and invasive plants; hydrological features;

392

infrastructure, including recreational facilities; and other

393

significant land, cultural, or historical features. The inventory

394

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

395

when appropriate. The inventory shall be of such detail that

396

objective measures and benchmarks can be established for each

397

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

398

quantitative data collected shall be aggregated, standardized,

399

collected, and presented in an electronic format to allow for

400

uniform management reporting and analysis. The information

401

collected by the Department of Environmental Protection pursuant

402

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

403

or her assignee.

404

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

405

land management goal, the associated measurable objectives, and

406

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

407

management objectives. Each land management objective must be

408

addressed by the land management plan and where practicable no

409

land management objective shall be performed to the detriment of

410

the other land management objectives.

411

     4. A schedule of land management activities which contains

412

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

413

measurable objective and activities. The schedule shall include

414

for each activity a timeline for completion, quantitative

415

measures, and detailed expense and manpower budgets. The schedule

416

shall provide a management tool that facilitates development of

417

performance measures.

418

     5. A summary budget for the scheduled land management

419

activities of the land management plan. The summary budget shall

420

be prepared in such a manner that it facilitates computing an

421

aggregate of land management costs for all state-managed lands

422

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

423

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

424

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

425

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

426

compliance with the requirements of this subsection, the

427

requirements of chapter 259, and the requirements of the rules

428

established by the board pursuant to this section. The council

429

shall also consider the propriety of the recommendations of the

430

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

431

the protection of fragile or nonrenewable resources, the

432

potential for alternative or multiple uses not recognized by the

433

managing entity, and the possibility of disposal of the property

434

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

435

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

436

The council shall specifically recommend to the board whether to

437

approve the plan as submitted, approve the plan with

438

modifications, or reject the plan.

439

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

440

Trust Fund shall consider the land management plan submitted by

441

each entity and the recommendations of the council and the

442

Division of State Lands and shall approve the plan with or

443

without modification or reject such plan. The use or possession

444

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

445

management plan is subject to termination by the board.

446

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

447

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

448

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

449

shall make a determination that the lands are no longer needed

450

for conservation purposes and may dispose of them by an

451

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

452

exchange involving the disposition of conservation lands, the

453

board must determine by an affirmative vote of at least three

454

members that the exchange will result in a net positive

455

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

456

determination that the lands are no longer needed and may dispose

457

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

458

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

459

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

460

Preservation 2000 bonds, the Conservation and Recreation Lands

461

Trust Fund, the Water Management Lands Trust Fund,

462

Environmentally Endangered Lands Program, and the Save Our Coast

463

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

464

core parcels or within original project boundaries, shall be

465

deemed to have been acquired for conservation purposes.

466

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

467

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

468

acquisition as to those parcels that shall be designated as

469

having been acquired for conservation purposes. No lands acquired

470

for use by the Department of Corrections, the Department of

471

Management Services for use as state offices, the Department of

472

Transportation, except those specifically managed for

473

conservation or recreation purposes, or the State University

474

System or the Florida Community College System shall be

475

designated as having been purchased for conservation purposes.

476

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

477

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

478

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

479

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

480

purpose for which they were originally leased. For conservation

481

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

482

whether such lands should be retained in public ownership or

483

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

484

shall review such lands and shall recommend to the board whether

485

such lands should be retained in public ownership or disposed of

486

by the board.

487

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

488

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

489

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

490

the council or its successor for its recommendation as to whether

491

such lands should be disposed of by the board.

492

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

493

the Acquisition and Restoration Council shall review and make

494

recommendations to the board concerning the request for

495

surplusing. The council shall determine whether the request for

496

surplusing is compatible with the resource values of and

497

management objectives for such lands.

498

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

499

shall consider whether such lands would be more appropriately

500

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

501

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

502

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

503

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

504

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

505

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

506

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

507

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

508

public schools; public libraries; fire or law enforcement

509

substations; governmental, judicial, or recreational centers; and

510

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

511

or local government requests for surplus lands shall be expedited

512

throughout the surplusing process. If the county or local

513

government does not elect to purchase such lands in accordance

514

with s. 253.111, then any surplusing determination involving

515

other governmental agencies shall be made upon the board deciding

516

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

517

governmental agencies have expressed no interest shall then be

518

available for sale on the private market.

519

     2.  Notwithstanding subparagraph 1., any parcel of surplus

520

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

521

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

522

from a fair association incorporated under chapter 616 for the

523

purpose of conducting and operating public fairs or expositions,

524

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

525

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

526

for reconveyance to such fair association for no consideration;

527

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

528

management of such lands may remove from the lands any

529

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

530

days after the effective date of the reconveyance. This

531

subparagraph expires July 1, 2008.

532

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

533

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

534

the division and shall take into consideration an appraisal of

535

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

536

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

537

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

538

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

539

sole discretion, may require a second appraisal. The individual

540

or entity requesting to purchase the surplus parcel shall pay all

541

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

542

acquire the lands.

543

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

544

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

545

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

546

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

547

the State Constitution until 2 weeks before the contract or

548

agreement regarding the purchase, exchange, or disposal of the

549

surplus land is first considered for approval by the board.

550

Notwithstanding the exemption provided under this subparagraph,

551

the division may disclose appraisals, valuations, or valuation

552

information regarding surplus land during negotiations for the

553

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

554

bidding process associated with the sale, disposal, or exchange

555

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

556

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

557

when negotiations or marketing efforts concerning the land are

558

concluded.

559

     b.  This subparagraph is subject to the Open Government

560

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

561

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

562

repeal through reenactment by the Legislature.

563

2.  A unit of government that acquires title to lands

564

hereunder for less than appraised value may not sell or transfer

565

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

566

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

567

or sell lands pursuant to this paragraph shall first allow the

568

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

569

the board sold such lands.

570

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

571

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

572

no monetary consideration was exchanged, the price of land sold

573

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

574

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

575

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

576

requesting the surplus shall select and use appraisers from the

577

list of approved appraisers maintained by the Division of State

578

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

579

entity requesting the surplus is to incur all costs of the

580

appraisals.

581

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

582

the board shall determine whether lands identified for surplus

583

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

584

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

585

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

586

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

587

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

588

expiration of the notice provisions required under this

589

subsection and s. 253.111.

590

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

591

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

592

lead managing agency for review and recommendation to the council

593

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

594

review such requests and make recommendations. Any surplusing

595

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

596

period shall be immediately scheduled for hearing at the next

597

regularly scheduled meeting of the council or its successor.

598

Requests for surplusing pursuant to this paragraph shall not be

599

required to be offered to local or state governments as provided

600

in paragraph (f).

601

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

602

this subsection shall be deposited into the fund from which such

603

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

604

were originally acquired no longer exists, such proceeds shall be

605

deposited into an appropriate account to be used for land

606

management by the lead managing agency assigned the lands prior

607

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

608

of surplus nonconservation lands, or lands that were acquired by

609

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

610

into the Internal Improvement Trust Fund.

611

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

612

no such disposition of land shall be made if such disposition

613

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

614

interest on any revenue bonds issued to lose the exclusion from

615

gross income for federal income tax purposes.

616

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

617

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

618

council or its successor.

619

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

620

provisions of this section, which may include procedures for

621

administering surplus land requests and criteria for when the

622

division may approve requests to surplus nonconservation lands on

623

behalf of the board.

624

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

625

the Division of State Lands is directed to prepare a state

626

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

627

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

628

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

629

development of the state inventory, each county shall direct the

630

appropriate county office with authority over the information to

631

provide the division with a county inventory of all lands

632

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

633

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

634

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

635

conservation lands as water recharge areas and air filters and,

636

in an effort to better understand the scientific underpinnings of

637

carbon sequestration, carbon capture, and greenhouse gas

638

mitigation, to inform policymakers and decisionmakers, and to

639

provide the infrastructure for land owners, the Division of State

640

Lands shall contract with an organization experienced and

641

specialized in carbon sinks and emission budgets to conduct an

642

inventory of all lands that were acquired pursuant to

643

Preservation 2000 and Florida Forever and that were titled in the

644

name of the Board of Trustees of the Internal Improvement Trust

645

Fund. The inventory shall determine the value of carbon capture

646

and carbon sequestration. Such inventory shall consider potential

647

carbon offset values of changes in land management practices,

648

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

649

prescribed burns, and land use conversion. Such an inventory

650

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

651

1, 2009.

652

     (b)  The state inventory must distinguish between lands

653

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

654

a core parcel or within original project boundaries, as those

655

terms are used to meet the surplus requirements of subsection

656

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

657

management district which are not essential or necessary for

658

conservation purposes.

659

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

660

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

661

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

662

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

663

the county boundary are federal lands and lands titled in the

664

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

665

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

666

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

667

meet conservation purposes may, upon request of a public or

668

private entity, be made available for purchase through the

669

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

670

or anticipated transportation facilities are exempt from the

671

requirements of this paragraph. Priority consideration shall be

672

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

673

property to productive use so long as the property can be

674

reentered onto the county ad valorem tax roll. Property acquired

675

with matching funds from a local government shall not be made

676

available for purchase without the consent of the local

677

government.

678

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

679

Conservation Commission acts as lead manager may be used to

680

protect, manage, or restore habitat for native or imperiled

681

species. The commission shall submit an annual work plan for such

682

uses to the Acquisition and Restoration Council and the council

683

may, at its discretion, modify the work plan prior to approval.

684

Following approval of the work plan by the council, the

685

commission shall submit the approved work plan to the Board of

686

Trustees of the Internal Improvement Trust Fund for adoption. The

687

board shall not delegate the final adoption of the work plan to

688

any other agency.

689

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

690

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

691

House of Representatives on the efficacy of using state-owned

692

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

693

imperiled species. This subsection expires July 1, 2014.

694

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

695

Statutes, is amended to read:

696

     253.111  Notice to board of county commissioners before

697

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

698

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

699

unless and until they afford an opportunity to the county in

700

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

701

terms and conditions:

702

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

703

is given to the board of county commissioners pursuant to

704

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

705

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

706

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

707

established by generally accepted professional standards for real

708

estate appraisal and subject to such other terms and conditions

709

as the board determines.

710

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

711

253.82, Florida Statutes, is amended to read:

712

     253.82  Title of state or private owners to Murphy Act

713

lands.--

714

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

715

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

716

other nonsovereignty lands owned by the board. However, any

717

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

718

Trustees of the Internal Improvement Trust Fund pursuant to this

719

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

720

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

721

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

722

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

723

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

724

of such land shall be deposited into the Internal Improvement

725

Trust Fund. The Board of Trustees of the Internal Improvement

726

Trust Fund is authorized to adopt rules to implement the

727

provisions of this subsection.

728

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

729

read:

730

     259.032  Conservation and Recreation Lands Trust Fund;

731

purpose.--

732

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

733

state shall be assured public ownership of natural areas for

734

purposes of maintaining this state's unique natural resources;

735

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

736

development to meet the needs of natural systems and citizens of

737

this state; promoting restoration activities on public lands; and

738

providing lands for natural resource based recreation. In

739

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

740

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

741

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

742

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

743

Legislature, with regard to the lands described in paragraph

744

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

745

restoration, and management of such lands in or near counties

746

exhibiting the greatest concentration of population and, with

747

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

748

priority be given to acquiring lands or rights or interests in

749

lands that advance the goals and objectives of the Fish and

750

Wildlife Conservation Commission's approved species or habitat

751

recovery plans, or lands within any area designated as an area of

752

critical state concern under s. 380.05 which, in the judgment of

753

the advisory council established pursuant to s. 259.035, or its

754

successor, cannot be adequately protected by application of land

755

development regulations adopted pursuant to s. 380.05. Finally,

756

it is the Legislature's intent that lands acquired through this

757

program and any successor programs be managed in such a way as to

758

protect or restore their natural resource values, and provide the

759

greatest benefit, including public access, to the citizens of

760

this state.

761

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

762

established within the Department of Environmental Protection.

763

The fund shall be used as a nonlapsing, revolving fund

764

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

765

credited with proceeds from the following excise taxes:

766

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

767

and

768

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

769

provided in s. 211.3103.

770

771

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

772

proceeds from such taxes as provided in this paragraph.

773

     (b)  There shall annually be transferred from the

774

Conservation and Recreation Lands Trust Fund to the Land

775

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

776

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

777

fund debt service reserve funds, rebate obligations, or other

778

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

779

acquire lands on the established priority list developed pursuant

780

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

781

the Land Acquisition Trust Fund pursuant to this paragraph, or

782

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

783

service on the Save Our Coast revenue bonds. Amounts transferred

784

annually from the Conservation and Recreation Lands Trust Fund to

785

the Land Acquisition Trust Fund pursuant to this paragraph shall

786

have the highest priority over other payments or transfers from

787

the Conservation and Recreation Lands Trust Fund, and no other

788

payments or transfers shall be made from the Conservation and

789

Recreation Lands Trust Fund until such transfers to the Land

790

Acquisition Trust Fund have been made. Moneys in the Conservation

791

and Recreation Lands Trust Fund also shall be used to manage

792

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

793

pursuant to the provisions of this section.

794

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

795

Trustees of the Internal Improvement Trust Fund, may allocate

796

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

797

lesser interest in lands for the following public purposes:

798

     (a)  To conserve and protect environmentally unique and

799

irreplaceable lands that contain native, relatively unaltered

800

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

801

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

802

     (b)  To conserve and protect lands within designated areas

803

of critical state concern, if the proposed acquisition relates to

804

the natural resource protection purposes of the designation;

805

     (c)  To conserve and protect native species habitat or

806

endangered or threatened species, emphasizing long-term

807

protection for endangered or threatened species designated G-1 or

808

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

809

areas that are special locations for breeding and reproduction;

810

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

811

ecosystems, landscapes, and forests, if the protection and

812

conservation of such lands is necessary to enhance or protect

813

significant surface water, groundwater, coastal, recreational,

814

timber, or fish or wildlife resources which cannot otherwise be

815

accomplished through local and state regulatory programs;

816

     (e)  To promote water resource development that benefits

817

natural systems and citizens of the state;

818

     (f)  To facilitate the restoration and subsequent health and

819

vitality of the Florida Everglades;

820

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

821

natural resource based recreation and other outdoor recreation on

822

any part of any site compatible with conservation purposes;

823

     (h)  To preserve significant archaeological or historic

824

sites; or

825

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

826

outdoor recreation which are compatible with conservation

827

purposes; or.

828

     (j) To preserve agricultural lands under threat of

829

conversion to development through less-than-fee acquisitions.

830

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

831

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

832

historic or archaeological sites, geologic or botanical sites,

833

recreational trails, forests, wilderness areas, wildlife

834

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

835

recreation or conservation lands; or they shall qualify for such

836

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

837

governmental agencies or nonstate entities as provided for in

838

this section.

839

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

840

moneys may be transferred from the Conservation and Recreation

841

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

842

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

843

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

844

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

845

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

846

maintenance of a natural areas inventory to aid in the

847

identification of areas to be acquired pursuant to this section.

848

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

849

incurred under this section shall be deposited with the Chief

850

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

851

in the manner provided by law. Interest received on such

852

investments shall be credited to the Conservation and Recreation

853

Lands Trust Fund.

854

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

855

necessary to accomplish the purposes of this section. The lead

856

land managing agencies designated by the board of trustees also

857

are directed by the Legislature to enter into contracts or

858

interagency agreements with other governmental entities,

859

including local soil and water conservation districts, or private

860

land managers who have the expertise to perform specific

861

management activities which a lead agency lacks, or which would

862

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

863

not be limited to, controlled burning, road and ditch

864

maintenance, mowing, and wildlife assessments.

865

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

866

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

867

rules and shall be acquired in accordance with acquisition

868

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

869

otherwise provided by the Legislature. An inholding or an

870

addition to a project selected for purchase pursuant to this

871

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

872

if the estimated value of such inholding or addition does not

873

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

874

project has been purchased pursuant to this chapter, the project

875

may be removed from the list and the remaining acreage may

876

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

877

title work, appraisal fees, environmental audits, and survey

878

costs related to acquisition expenses for lands to be acquired,

879

donated, or exchanged which qualify under the categories of this

880

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

881

authorized the Department of Environmental Protection to condemn

882

a specific parcel of land and such parcel has already been

883

approved for acquisition under this section, the land may be

884

acquired in accordance with the provisions of chapter 73 or

885

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

886

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

887

associated with condemnation.

888

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

889

shall be:

890

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

891

combination of benefits to the public and to the resources.

892

     (b)  Managed for public outdoor recreation which is

893

compatible with the conservation and protection of public lands.

894

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

895

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

896

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

897

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

898

jogging, and other related outdoor activities compatible with the

899

purposes for which the lands were acquired.

900

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

901

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

902

     (d)  Concurrent with its adoption of the annual Conservation

903

and Recreation Lands list of acquisition projects pursuant to s.

904

259.035, the board of trustees shall adopt a management

905

prospectus for each project. The management prospectus shall

906

delineate:

907

     1.  The management goals for the property;

908

     2.  The conditions that will affect the intensity of

909

management;

910

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

911

property, if appropriate;

912

     4.  A timetable for implementing the various stages of

913

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

914

     5.  A description of potential multiple-use activities as

915

described in this section and s. 253.034;

916

     6.  Provisions for protecting existing infrastructure and

917

for ensuring the security of the project upon acquisition;

918

     7.  The anticipated costs of management and projected

919

sources of revenue, including legislative appropriations, to fund

920

management needs; and

921

     8.  Recommendations as to how many employees will be needed

922

to manage the property, and recommendations as to whether local

923

governments, volunteer groups, the former landowner, or other

924

interested parties can be involved in the management.

925

     (e)  Concurrent with the approval of the acquisition

926

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

927

except those lands being acquired under the provisions of s.

928

259.1052, the board of trustees shall designate an agency or

929

agencies to manage such lands. The board shall evaluate and

930

amend, as appropriate, the management policy statement for the

931

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

932

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

933

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

934

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

935

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

936

Trustees of the Internal Improvement Trust Fund shall first

937

consider having a soil and water conservation district, created

938

pursuant to chapter 582, manage and monitor such interests.

939

     (f)  State agencies designated to manage lands acquired

940

under this chapter except those lands acquired under s. 259.1052

941

may contract with local governments and soil and water

942

conservation districts to assist in management activities,

943

including the responsibility of being the lead land manager. Such

944

land management contracts may include a provision for the

945

transfer of management funding to the local government or soil

946

and water conservation district from the Conservation and

947

Recreation Lands Trust Fund in an amount adequate for the local

948

government or soil and water conservation district to perform its

949

contractual land management responsibilities and proportionate to

950

its responsibilities, and which otherwise would have been

951

expended by the state agency to manage the property.

952

     (g)  Immediately following the acquisition of any interest

953

in lands under this chapter, the Department of Environmental

954

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

955

to the lead managing entity an interim assignment letter to be

956

effective until the execution of a formal lease.

957

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

958

private entities designated to manage lands under this section

959

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

960

trustees, an individual management plan for each project designed

961

to conserve and protect such lands and their associated natural

962

resources. Private sector involvement in management plan

963

development may be used to expedite the planning process.

964

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

965

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

966

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

967

a minimum, representatives of the lead land managing agency,

968

comanaging entities, local private property owners, the

969

appropriate soil and water conservation district, a local

970

conservation organization, and a local elected official. The

971

advisory group shall conduct at least one public hearing within

972

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

973

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

974

least one areawide public hearing shall be acceptable and the

975

lead managing agency shall invite a local elected official from

976

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

977

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

978

public hearing shall be posted on the parcel or project

979

designated for management, advertised in a paper of general

980

circulation, and announced at a scheduled meeting of the local

981

governing body before the actual public hearing. The management

982

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

983

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

984

public hearing.

985

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

986

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

987

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

988

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

989

advisory group. Such plans may include transfers of leasehold

990

interests to appropriate conservation organizations or

991

governmental entities designated by the Land Acquisition and

992

Management Advisory Council or its successor, for uses consistent

993

with the purposes of the organizations and the protection,

994

preservation, conservation, restoration, and proper management of

995

the lands and their resources. Volunteer management assistance is

996

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

997

participating in programs sponsored by state or local agencies,

998

by volunteers sponsored by environmental or civic organizations,

999

and by individuals participating in programs for committed

1000

delinquents and adults.

1001

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

1002

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

1003

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

1004

parcels identified in the priority list developed pursuant to ss.

1005

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

1006

Environmental Protection shall distribute only 75 percent of the

1007

acquisition funds to which a budget entity or water management

1008

district would otherwise be entitled from the Preservation 2000

1009

Trust Fund to any budget entity or any water management district

1010

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

1011

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

1012

individual management plan for the Babcock Crescent B Ranch being

1013

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

1014

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

1015

following the date of acquisition by the state.

1016

     (e)  Individual management plans shall conform to the

1017

appropriate policies and guidelines of the state land management

1018

plan and shall include, but not be limited to:

1019

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

1020

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

1021

the statutory authority for such use or uses.

1022

     2. Key management activities necessary to achieve the

1023

desired outcomes, including, but not limited to, providing public

1024

access, preserving and protecting natural resources, protecting

1025

cultural and historical resources, restoring habitat, protecting

1026

threatened and endangered species, controlling the spread of

1027

nonnative plants and animals, performing prescribed fire

1028

activities, and other appropriate resource management. to

1029

preserve and protect natural resources and restore habitat, and

1030

for controlling the spread of nonnative plants and animals, and

1031

for prescribed fire and other appropriate resource management

1032

activities.

1033

     3.  A specific description of how the managing agency plans

1034

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

1035

fragile, nonrenewable natural and cultural resources.

1036

     4.  A priority schedule for conducting management

1037

activities, based on the purposes for which the lands were

1038

acquired.

1039

     5.  A cost estimate for conducting priority management

1040

activities, to include recommendations for cost-effective methods

1041

of accomplishing those activities.

1042

     6.  A cost estimate for conducting other management

1043

activities which would enhance the natural resource value or

1044

public recreation value for which the lands were acquired. The

1045

cost estimate shall include recommendations for cost-effective

1046

methods of accomplishing those activities.

1047

     7.  A determination of the public uses and public access

1048

that would be consistent with the purposes for which the lands

1049

were acquired.

1050

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

1051

individual management plan for parcels which exceed 160 acres in

1052

size to each member of the Acquisition and Restoration Council

1053

Land Acquisition and Management Advisory Council or its

1054

successor, which shall:

1055

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

1056

review each plan for compliance with the requirements of this

1057

subsection and with the requirements of the rules established by

1058

the board pursuant to this subsection.

1059

     2.  Consider the propriety of the recommendations of the

1060

managing agency with regard to the future use or protection of

1061

the property.

1062

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

1063

recommendations and comments, to the board of trustees, with

1064

recommendations as to whether to approve the plan as submitted,

1065

approve the plan with modifications, or reject the plan.

1066

     (g)  The board of trustees shall consider the individual

1067

management plan submitted by each state agency and the

1068

recommendations of the Acquisition and Restoration Council Land

1069

Acquisition and Management Advisory Council, or its successor,

1070

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

1071

or without modification or reject such plan. The use or

1072

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

1073

not in accordance with an approved individual management plan is

1074

subject to termination by the board of trustees.

1075

1076

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

1077

entity designated to manage lands shall report to the Secretary

1078

of Environmental Protection on the progress of funding, staffing,

1079

and resource management of every project for which the agency or

1080

entity is responsible.

1081

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

1082

pursuant to this chapter serves the public interest by protecting

1083

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

1084

health and welfare, providing areas for natural resource based

1085

recreation, and ensuring the survival of unique and irreplaceable

1086

plant and animal species. The Legislature intends for these lands

1087

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

1088

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

1089

lands where it is consistent with acquisition purposes and would

1090

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

1091

public's behalf.

1092

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

1093

cumulative total of funds ever deposited into the Florida

1094

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

1095

shall be made available for the purposes of management,

1096

maintenance, and capital improvements not eligible for funding

1097

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

1098

associated contractual services, for lands acquired pursuant to

1099

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

1100

programs for the acquisition of lands for conservation and

1101

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

1102

the board of trustees and other conservation and recreation lands

1103

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

1104

transferred annually to the Plant Industry Trust Fund within the

1105

Department of Agriculture and Consumer Services for the purpose

1106

of implementing the Endangered or Threatened Native Flora

1107

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

1108

agency with management responsibilities shall annually request

1109

from the Legislature funds sufficient to fulfill such

1110

responsibilities to implement individual management plans. For

1111

the purposes of this paragraph, capital improvements shall

1112

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

1113

firelanes, access roads and trails, and minimal public

1114

accommodations, such as primitive campsites, garbage receptacles,

1115

and toilets. Any equipment purchased with funds provided pursuant

1116

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

1117

paragraph on any conservation and recreation lands managed by a

1118

state agency.

1119

     (c) The Land Management Uniform Accounting Council shall

1120

prepare and deliver a report on the methodology and formula for

1121

allocating land management funds to the Acquisition and

1122

Restoration Council. The Acquisition and Restoration Council

1123

shall review, modify as appropriate, and submit the report to the

1124

Board of Trustees of the Internal Improvement Trust Fund. The

1125

board of trustees shall review, modify as appropriate, and submit

1126

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

1127

House of Representatives no later than December 31, 2008, which

1128

provides an interim management formula and a long-term management

1129

formula, and the methodologies used to develop the formulas,

1130

which shall be used to allocate land management In requesting

1131

funds provided for in paragraph (b) for interim and long-term

1132

management of all lands managed acquisitions pursuant to this

1133

chapter and for associated contractual services. The methodology

1134

and formula for interim management shall be based on the

1135

estimated land acquisitions for the fiscal year in which the

1136

interim funds will be expended. The methodology and formula for

1137

long-term management shall recognize, but not be limited to, the

1138

following, the managing agencies shall recognize the following

1139

categories of land management needs:

1140

     1. The assignment of management intensity associated with

1141

managed habitats and natural communities and the related

1142

management activities to achieve land management goals provided

1143

in ss. 253.054(5) and subsection (10).

1144

     a. The acres of land that require minimal effort for

1145

resource preservation or restoration.

1146

     b. The acres of land that require moderate effort for

1147

resource preservation or restoration.

1148

     c. The acres of land that require significant effort for

1149

resource preservation or restoration.

1150

     2. The assignment of management intensity associated with

1151

public access, including, but not limited to:

1152

     a. The acres of land that are open to the public but offer

1153

no more than minimally developed facilities;

1154

     b. The acres of land that have a high degree of public use

1155

and offer highly developed facilities; and

1156

     c. The acres of land that are sites that have historic

1157

significance, unique natural features, or a very high degree of

1158

public use.

1159

     3. The acres of land that have a secondary manager

1160

contributing to the over-all management effort.

1161

     4. The anticipated revenues generated from management of

1162

the lands.

1163

     5. The impacts of, and needs created or addressed by,

1164

multiple-use management strategies.

1165

     6. The acres of land that have infestations of nonnative or

1166

invasive plants, animals, or fish.

1167

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

1168

resource management and protection, such as state reserves, state

1169

preserves, state forests, and wildlife management areas. These

1170

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

1171

minimum facilities development.

1172

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

1173

than basic resource management and protection, such as state

1174

parks and state recreation areas. These lands generally have

1175

extra restoration or protection needs, higher concentrations of

1176

public use, or more highly developed facilities.

1177

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

1178

requiring unique site-specific resource management and

1179

protection. These lands generally are sites with historic

1180

significance, unique natural features, or very high intensity

1181

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

1182

protect resources, such as lands with heavy infestations of

1183

nonnative, invasive plants.

1184

1185

In evaluating the management funding needs of lands based on the

1186

above categories, the lead land managing agencies shall include

1187

in their considerations the impacts of, and needs created or

1188

addressed by, multiple-use management strategies. The funding

1189

formulas for interim and long-term management proposed by the

1190

agencies shall be reviewed by the Legislature during the 2009

1191

regular legislative session. The Legislature may reject, modify,

1192

or take no action relative to the proposed funding formulas. If

1193

no action is taken, the funding formulas shall be used in the

1194

allocation and distribution of funds provided in paragraph (b).

1195

     (d)  All revenues generated through multiple-use management

1196

or compatible secondary-use management shall be returned to the

1197

lead agency responsible for such management and shall be used to

1198

pay for management activities on all conservation, preservation,

1199

and recreation lands under the agency's jurisdiction. In

1200

addition, such revenues shall be segregated in an agency trust

1201

fund and shall remain available to the agency in subsequent

1202

fiscal years to support land management appropriations. For the

1203

purposes of this paragraph, compatible secondary-use management

1204

shall be those activities described in subsection (9) undertaken

1205

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

1206

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

1207

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

1208

management of acquisitions and for associated contractual

1209

services, to ensure the conservation and protection of natural

1210

resources on project sites and to allow limited public

1211

recreational use of lands. Interim management activities may

1212

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

1213

invasive, nonnative species, habitat restoration, fencing, law

1214

enforcement, controlled burning, and public access consistent

1215

with preliminary determinations made pursuant to paragraph

1216

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

1217

available immediately upon purchase.

1218

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

1219

for the control and removal of nonnative, invasive plant species

1220

on public lands. Such goals shall differentiate between aquatic

1221

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

1222

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

1223

impede or destroy the functioning of natural systems.

1224

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

1225

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

1226

receiving those funds for control and removal of nonnative,

1227

invasive species on public lands.

1228

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

1229

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

1230

deposited into the Florida Preservation 2000 Trust Fund and the

1231

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

1232

fiscal year for the construction of replacement museum

1233

facilities. This paragraph expires July 1, 2007.

1234

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

1235

available sufficient funds annually from the Conservation and

1236

Recreation Lands Trust Fund to the department for payment in lieu

1237

of taxes to qualifying counties and local governments as defined

1238

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

1239

of board of trustees acquisitions for state agencies under the

1240

Florida Forever program or the Florida Preservation 2000 program

1241

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

1242

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

1243

management in accordance with the provisions of this section.

1244

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

1245

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

1246

fewer. Population levels shall be determined pursuant to s.

1247

11.031.

1248

     2.  To all local governments located in eligible counties.

1249

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

1250

prison leased to the state has recently been opened and where

1251

privately owned and operated juvenile justice facilities leased

1252

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

1253

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

1254

tax revenue, which funds have already been appropriated and

1255

allocated from the Department of Correction's budget for the

1256

purpose of reimbursing amounts equal to lost ad valorem taxes.

1257

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

1258

full payments to all qualifying counties and local governments,

1259

such counties and local governments shall receive a pro rata

1260

share of the moneys available.

1261

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

1262

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

1263

acquisition. Applications for payment in lieu of taxes shall be

1264

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

1265

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

1266

were exempt from ad valorem taxation for the year immediately

1267

preceding acquisition.

1268

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

1269

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

1270

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

1271

made for such property based upon the average amount of taxes

1272

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

1273

from the tax rolls. The department shall certify to the

1274

Department of Revenue those properties that may be eligible under

1275

this provision. Once eligibility has been established, that

1276

county or local government shall receive 10 consecutive annual

1277

payments for each tax loss, and no further eligibility

1278

determination shall be made during that period.

1279

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

1280

shall be made annually to qualifying counties and local

1281

governments after certification by the Department of Revenue that

1282

the amounts applied for are reasonably appropriate, based on the

1283

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

1284

assistance of the local government requesting payment in lieu of

1285

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

1286

preparing and submitting application requests for payment to the

1287

Department of Revenue for certification.

1288

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

1289

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

1290

taxes on the land made to the local government shall be

1291

discontinued as of the date of the conveyance.

1292

1293

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

1294

municipalities, the county school board, mosquito control

1295

districts, and any other local government entity which levies ad

1296

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

1297

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

1298

used for management, maintenance, or capital improvements

1299

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

1300

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

1301

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

1302

this section.

1303

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

1304

define the categories of land for acquisition under this chapter.

1305

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

1306

the owner of a property on the Conservation and Recreation Lands

1307

list or the priority list established pursuant to s. 259.105

1308

objecting to the property being included in an acquisition

1309

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

1310

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

1311

acquisition work plan, the board of trustees shall delete the

1312

property from the list or from the boundary of an acquisition

1313

project on the list.

1314

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

1315

read:

1316

     259.035  Acquisition and Restoration Council.--

1317

     (1)  There is created the Acquisition and Restoration

1318

Council.

1319

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

1320

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

1321

appointees, three shall be from scientific disciplines related to

1322

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

1323

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

1324

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

1325

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

1326

the appointees shall serve 2-year terms. All subsequent

1327

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

1328

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

1329

for the unexpired term of a member appointed under this

1330

paragraph.

1331

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

1332

Secretary of Environmental Protection, the director of the

1333

Division of Forestry of the Department of Agriculture and

1334

Consumer Services, the executive director of the Fish and

1335

Wildlife Conservation Commission, the director of the Division of

1336

Historical Resources of the Department of State, and the

1337

secretary of the Department of Community Affairs, or their

1338

respective designees.

1339

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

1340

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

1341

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

1342

of the chair.

1343

     (e)  The Department of Environmental Protection shall

1344

provide primary staff support to the council and shall ensure

1345

that council meetings are electronically recorded. Such recording

1346

shall be preserved pursuant to chapters 119 and 257.

1347

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

1348

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

1349

of this section.

1350

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

1351

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

1352

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

1353

including attendance at meetings, as allowed state officers and

1354

employees while in the performance of their duties, pursuant to

1355

s. 112.061.

1356

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

1357

trustees in reviewing the recommendations and plans for state-

1358

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

1359

shall, in reviewing such recommendations and plans, consider the

1360

optimization of multiple-use and conservation strategies to

1361

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

1362

and 259.105(3)(b).

1363

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

1364

board of trustees, until it develops and recommends amendments to

1365

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

1366

eligible for the Conservation and Recreation Lands list pursuant

1367

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

1368

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

1369

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

1370

Council shall develop rules defining specific criteria and

1371

numeric performance measures needed for lands that are to be

1372

acquired for public purpose under the Florida Forever program

1373

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

1374

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

1375

rules shall be reviewed and adopted by the board then submitted

1376

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

1377

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

1378

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

1379

implemented. Subsequent to their approval, each recipient of

1380

Florida Forever funds shall annually report to the Division of

1381

State Lands on each of the numeric performance measures

1382

accomplished during the previous fiscal year.

1383

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

1384

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

1385

of trustees shall review the recommendations and shall adopt

1386

rules necessary to administer this section.

1387

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

1388

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

1389

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

1390

Any member of the council who by family or a business

1391

relationship has a connection with all or a portion of any

1392

proposed project shall declare the interest before voting on its

1393

inclusion on a list.

1394

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

1395

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

1396

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

1397

consider and evaluate in writing the merits and demerits of each

1398

project that is proposed for Conservation and Recreation Lands,

1399

Florida Preservation 2000, or Florida Forever funding and shall

1400

ensure that each proposed project will meet a stated public

1401

purpose for the restoration, conservation, or preservation of

1402

environmentally sensitive lands and water areas or for providing

1403

outdoor recreational opportunities. The council also shall

1404

determine whether the project conforms, where applicable, with

1405

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

1406

comprehensive multipurpose outdoor recreation plan developed

1407

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

1408

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

1409

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

1410

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

1411

     Section 10.  Section 259.037, Florida Statutes, is amended

1412

to read:

1413

     259.037  Land Management Uniform Accounting Council.--

1414

     (1)  The Land Management Uniform Accounting Council is

1415

created within the Department of Environmental Protection and

1416

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

1417

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

1418

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

1419

of the Office of Greenways and Trails of the Department of

1420

Environmental Protection; the director of the Division of

1421

Forestry of the Department of Agriculture and Consumer Services;

1422

the executive director of the Fish and Wildlife Conservation

1423

Commission; and the director of the Division of Historical

1424

Resources of the Department of State, or their respective

1425

designees. Each state agency represented on the council shall

1426

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

1427

the foregoing order of state agencies. The agency of the

1428

representative serving as chair of the council shall provide

1429

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

1430

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

1431

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

1432

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

1433

Program Policy Analysis and Government Accountability, or their

1434

designees, shall advise the council to ensure that appropriate

1435

accounting procedures are utilized and that a uniform method of

1436

collecting and reporting accurate costs of land management

1437

activities are created and can be used by all agencies.

1438

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

1439

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

1440

may not be assigned to more than one category. Administrative

1441

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

1442

other management activities. Specific management activities and

1443

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

1444

following categories:

1445

     1.(a) Resource management.

1446

     2.(b) Administration.

1447

     3. Support.

1448

     4. Capital improvements.

1449

     5. Recreation visitor services.

1450

     6. Law enforcement activities.

1451

     (c) New facility construction.

1452

     (d) Facility maintenance.

1453

1454

Upon adoption of the initial list of land management categories

1455

by the council, agencies assigned to manage conservation or

1456

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

1457

land management costs in accordance with the category to which an

1458

expenditure is assigned.

1459

     (b) Each reporting agency shall also:

1460

     1. Include a report of the available public use

1461

opportunities for each management unit of state land, the total

1462

management cost for public access and public use, and the cost

1463

associated with each use option.

1464

     2. List the acres of land requiring minimal management

1465

effort, moderate management effort, and significant management

1466

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

1467

in paragraph (a), the reporting agency shall include the amount

1468

of funds requested, the amount of funds received, and the amount

1469

of funds expended for land management.

1470

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

1471

preserve, forest, reserve, or management area.

1472

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

1473

for each state lands management unit for which secondary

1474

management activities were provided.

1475

     (4)  The council shall report agencies' expenditures

1476

pursuant to the adopted categories to the President of the Senate

1477

and the Speaker of the House of Representatives annually,

1478

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

1479

report to the Acquisition and Restoration Council and the

1480

division for inclusion in its annual report required pursuant to

1481

s. 259.036 s. 259.105.

1482

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

1483

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

1484

call of the chair.

1485

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

1486

operational report for each management area along with an

1487

approved management plan. The report should assess the progress

1488

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

1489

approved management plan, including all land management

1490

activities, and identify any deficiencies in management and

1491

corrective actions to address identified deficiencies as

1492

appropriate. This report shall be submitted to the Acquisition

1493

and Restoration Council and the division for inclusion in its

1494

annual report required pursuant to s. 259.036.

1495

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

1496

Florida Statutes, is amended to read:

1497

     259.041  Acquisition of state-owned lands for preservation,

1498

conservation, and recreation purposes.--

1499

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

1500

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

1501

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

1502

unless and until the agreement has been reviewed and approved by

1503

the Department of Environmental Protection as complying with the

1504

requirements of this section and any rules adopted pursuant to

1505

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

1506

agreement shall be submitted to and approved by the board of

1507

trustees:

1508

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

1509

value as established pursuant to the rules of the board of

1510

trustees;

1511

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

1512

acquiring agency exceeds $1 million;

1513

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

1514

or

1515

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

1516

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

1517

projects where title to the property being acquired is considered

1518

nonmarketable or is encumbered in such a way as to significantly

1519

affect its management.

1520

1521

Where approval of the board of trustees is required pursuant to

1522

this subsection, the acquiring agency must provide a

1523

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

1524

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

1525

required for projects the department recommends acquiring

1526

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

1527

agreements for acquisitions for Florida Greenways and Trails

1528

Program properties pursuant to chapter 260 may be waived by the

1529

department in any contract with nonprofit corporations that have

1530

agreed to assist the department with this program. If the

1531

contribution of the acquiring agency exceeds $100 million in any

1532

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

1533

by the Legislative Budget Commission.

1534

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

1535

applicable, the Department of Environmental Protection, of any

1536

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

1537

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

1538

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

1539

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

1540

follows:

1541

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

1542

for determining the value of parcels sought to be acquired by

1543

state agencies pursuant to this section.

1544

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

1545

appraisal. Two appraisals are required when the estimated value

1546

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

1547

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

1548

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

1549

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

1550

Lands finds that the cost of obtaining an outside appraisal is

1551

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

1552

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

1553

the agency proposing the acquisition. The board of trustees shall

1554

approve qualified fee appraisal organizations. All appraisals

1555

used for the acquisition of lands pursuant to this section shall

1556

be prepared by a member of an approved appraisal organization or

1557

by a state-certified appraiser who meets the standards and

1558

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

1559

appraiser selected to appraise a particular parcel shall, prior

1560

to contracting with the agency or a participant in a multiparty

1561

agreement, submit to that agency or participant an affidavit

1562

substantiating that he or she has no vested or fiduciary interest

1563

in such parcel.

1564

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

1565

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

1566

negotiating with the property owner.

1567

     (e)  Generally, appraisal reports are confidential and

1568

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

1569

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

1570

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

1571

contract or agreement for purchase is considered for approval by

1572

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

1573

at its discretion, to disclose appraisal reports to private

1574

landowners during negotiations for acquisitions using

1575

alternatives to fee simple techniques, if the department

1576

determines that disclosure of such reports will bring the

1577

proposed acquisition to closure. The Division of State Lands may

1578

also disclose appraisal information to public agencies or

1579

nonprofit organizations that agree to maintain the

1580

confidentiality of the reports or information when joint

1581

acquisition of property is contemplated, or when a public agency

1582

or nonprofit organization enters into a written multiparty

1583

agreement with the division to purchase and hold property for

1584

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

1585

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

1586

nonprofit organization, provided the appraiser is selected from

1587

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

1588

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

1589

"nonprofit organization" means an organization whose purposes

1590

include the preservation of natural resources, and which is

1591

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

1592

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

1593

passage of time has rendered the conclusions of value in the

1594

report invalid or when the acquiring agency has terminated

1595

negotiations.

1596

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

1597

appraisals obtained by a public agency or nonprofit organization,

1598

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

1599

of appraisers and the appraisal is reviewed and approved by the

1600

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

1601

organization" means an organization whose purposes include the

1602

preservation of natural resources and which is exempt from

1603

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

1604

Code.

1605

1606

Notwithstanding the provisions of this subsection, on behalf of

1607

the board and before the appraisal of parcels approved for

1608

purchase under this chapter, the Secretary of Environmental

1609

Protection or the director of the Division of State Lands may

1610

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

1611

contract shall state that the final purchase price is subject to

1612

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

1613

the final purchase price may not exceed the maximum offer allowed

1614

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

1615

purchase price approval shall explicitly state that payment of

1616

the final purchase price is subject to an appropriation from the

1617

Legislature. The consideration for such an option may not exceed

1618

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

1619

value of the parcel, whichever amount is greater.

1620

     Section 12.  Section 259.105, Florida Statutes is amended to

1621

read:

1622

     259.105  The Florida Forever Act.--

1623

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

1624

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

1625

     1. Land acquisition programs have The Preservation 2000

1626

program provided tremendous financial resources for purchasing

1627

environmentally significant lands to protect those lands from

1628

imminent development or alteration, thereby ensuring assuring

1629

present and future generations' access to important waterways,

1630

open spaces, and recreation and conservation lands.

1631

     2.  The continued alteration and development of Florida's

1632

natural and rural areas to accommodate the state's rapidly

1633

growing population have contributed to the degradation of water

1634

resources, the fragmentation and destruction of wildlife

1635

habitats, the loss of outdoor recreation space, and the

1636

diminishment of wetlands, forests, working landscapes, and

1637

coastal open space and public beaches.

1638

     3.  The potential development of Florida's remaining natural

1639

areas and escalation of land values require a continuation of

1640

government efforts to restore, bring under public protection, or

1641

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

1642

ecological functions and invaluable quality of life.

1643

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

1644

promoting a more efficient use of land, to ensure opportunities

1645

for viable agricultural activities on working lands, and to

1646

promote vital rural and urban communities that support and

1647

produce development patterns consistent with natural resource

1648

protection.

1649

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

1650

under tremendous pressure due to population growth and economic

1651

expansion and require special protection and restoration efforts,

1652

including the protection of uplands and springsheds that provide

1653

vital recharge to aquifer systems and are critical to the

1654

protection of water quality and water quantity of the aquifers

1655

and springs. A variety of incentives should be developed for

1656

landowners to help maintain these lands, including options that

1657

encourage the cultivation of water and other ecosystem resource

1658

services. To ensure that sufficient quantities of water are

1659

available to meet the current and future needs of the natural

1660

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

1661

planning goals of the department and the water management

1662

districts, water resource development projects on public lands,

1663

where compatible with the resource values of and management

1664

objectives for the lands, are appropriate.

1665

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

1666

Florida for high-quality outdoor recreational opportunities,

1667

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

1668

previous acquisition programs. Through such programs as the

1669

Florida Communities Trust and the Florida Recreation Development

1670

Assistance Program, the state shall place additional emphasis on

1671

acquiring, protecting, preserving, and restoring open space,

1672

ecological greenways, and recreation properties within urban,

1673

suburban, and rural areas where pristine natural communities or

1674

water bodies no longer exist because of the proximity of

1675

developed property.

1676

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

1677

Florida Everglades, are facing ecological collapse due to

1678

Florida's burgeoning population growth and other economic

1679

activities. To preserve these valuable ecosystems for future

1680

generations, essential parcels of land must be acquired to

1681

facilitate ecosystem restoration.

1682

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

1683

outdoor recreational opportunities and the development of

1684

necessary infrastructure, where compatible with the resource

1685

values of and management objectives for such lands, promotes an

1686

appreciation for Florida's natural assets and improves the

1687

quality of life.

1688

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

1689

interest, or other techniques shall in any lesser interest,

1690

should be based on a comprehensive science-based assessment of

1691

Florida's natural resources which targets essential conservation

1692

lands by prioritizing all current and future acquisitions based

1693

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

1694

integrity and function of ecological systems and working

1695

landscapes, and provide multiple benefits, including preservation

1696

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

1697

well as rural areas, and the restoration of natural water

1698

storage, flow, and recharge.

1699

     10.9. The state has embraced performance-based program

1700

budgeting as a tool to evaluate the achievements of publicly

1701

funded agencies, build in accountability, and reward those

1702

agencies which are able to consistently achieve quantifiable

1703

goals. While previous and existing state environmental programs

1704

have achieved varying degrees of success, few of these programs

1705

can be evaluated as to the extent of their achievements,

1706

primarily because performance measures, standards, outcomes, and

1707

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

1708

Forever program shall be developed and implemented in the context

1709

of measurable state goals and objectives.

1710

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

1711

focus and direction of the state's major land acquisition

1712

programs and to extend funding and bonding capabilities, so that

1713

future generations may enjoy the natural resources of Florida and

1714

the state:.

1715

     a. Fulfills its role in the recovery and management of

1716

Florida's listed species;

1717

     b. Provides ample public access to Florida waterways; and

1718

     c. Enhances adequate water supply to meet the needs of

1719

natural systems as well as Florida residents.

1720

     (b) The Legislature recognizes that acquisition of lands in

1721

fee simple is only one way to achieve the aforementioned goals

1722

and encourages the use of less-than-fee interests, other

1723

techniques, and the development of creative partnerships between

1724

governmental agencies and private landowners. Easements acquired

1725

pursuant to s. 570.71(2)(a) and (b), land protection agreements,

1726

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

1727

environmentally sensitive tracts under an acceptable level of

1728

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

1729

provide private landowners with the opportunity to enjoy and

1730

benefit from their property.

1731

     (c)  Public agencies or other entities that receive funds

1732

under this section shall are encouraged to better coordinate

1733

their expenditures so that project acquisitions, when combined

1734

with acquisitions under Florida Forever, Preservation 2000, Save

1735

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

1736

acquisition programs, will form more complete patterns of

1737

protection for natural areas, ecological greenways, and

1738

functioning ecosystems, to better accomplish the intent of this

1739

section.

1740

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

1741

public lands must accompany any new land acquisition program to

1742

ensure that the natural resource values of such lands are

1743

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

1744

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

1745

benefits of its investment of public dollars. Innovative

1746

strategies such as public-private partnerships and interagency

1747

planning and sharing of resources shall be used to achieve the

1748

state's management goals.

1749

     (e)  With limited dollars available for restoration and

1750

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

1751

management and capital improvements, a competitive selection

1752

process shall can select those projects best able to meet the

1753

goals of Florida Forever and maximize the efficient use of the

1754

program's funding.

1755

     (f)  To ensure success and provide accountability to the

1756

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

1757

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

1758

to implement the goals and objectives recommended by a

1759

comprehensive science-based assessment and the Florida Forever

1760

Advisory Council as approved by the Board of Trustees of the

1761

Internal Improvement Trust Fund and the Legislature.

1762

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

1763

Legislature recognizes the desires of the citizens of this state

1764

to prosper through economic development and to preserve the

1765

natural areas and recreational open space of Florida. The

1766

Legislature further recognizes the urgency of restoring the

1767

natural functions of public lands or water bodies before they are

1768

degraded to a point where recovery may never occur, yet

1769

acknowledges the difficulty of ensuring adequate funding for

1770

restoration efforts in light of other equally critical financial

1771

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

1772

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

1773

fiscally responsible manner, by issuing bonds to be repaid with

1774

documentary stamp tax or other revenue sources.

1775

     (h)  The Legislature further recognizes the important role

1776

that many of our state and federal military installations

1777

contribute to protecting and preserving Florida's natural

1778

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

1779

land conservation plans overlap with the military's need to

1780

protect lands, waters, and habitat to ensure the sustainability

1781

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

1782

agencies receiving funds under this program cooperate with our

1783

military partners to protect and buffer military installations

1784

and military airspace, by:

1785

     1.  Protecting habitat on nonmilitary land for any species

1786

found on military land that is designated as threatened or

1787

endangered, or is a candidate for such designation under the

1788

Endangered Species Act or any Florida statute;

1789

     2.  Protecting areas underlying low-level military air

1790

corridors or operating areas; and

1791

     3.  Protecting areas identified as clear zones, accident

1792

potential zones, and air installation compatible use buffer zones

1793

delineated by our military partners; and.

1794

     4. Providing the military with technical assistance to

1795

restore, enhance, and manage military land as habitat for

1796

imperiled species or species designated as threatened or

1797

endangered, or a candidate for such designation, and for the

1798

recovery or reestablishment of such species.

1799

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

1800

reserve accounts and other costs associated with bonds, the

1801

proceeds of cash payments or bonds issued pursuant to this

1802

section shall be deposited into the Florida Forever Trust Fund

1803

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

1804

Department of Environmental Protection in the following manner:

1805

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

1806

Environmental Protection for the acquisition of lands and capital

1807

project expenditures necessary to implement the water management

1808

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

1809

funds are to be distributed to the water management districts as

1810

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

1811

funds provided over the life of the Florida Forever program

1812

pursuant to this paragraph shall be used for the acquisition of

1813

lands.

1814

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

1815

Environmental Protection for the acquisition of lands and capital

1816

project expenditures described in this section. Of the proceeds

1817

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

1818

Legislature that an increased priority be given to those

1819

acquisitions which achieve a combination of conservation goals,

1820

including protecting Florida's water resources and natural

1821

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

1822

10 percent, of the funds allocated pursuant to this paragraph

1823

shall be spent on capital project expenditures identified during

1824

the time of acquisition which meet land management planning

1825

activities necessary for public access may not exceed 10 percent

1826

of the funds allocated pursuant to this paragraph.

1827

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

1828

Affairs for use by the Florida Communities Trust for the purposes

1829

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

1830

subsection, and grants to local governments or nonprofit

1831

environmental organizations that are tax-exempt under s.

1832

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

1833

acquisition of community-based projects, urban open spaces,

1834

parks, and greenways to implement local government comprehensive

1835

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

1836

acquisition, 75 percent shall be matched by local governments on

1837

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

1838

Florida Communities Trust emphasize funding projects in low-

1839

income or otherwise disadvantaged communities and projects that

1840

provide areas for direct water access and water-dependent

1841

facilities that are open to the public and offer public access by

1842

vessels to waters of the state, including boat ramps and

1843

associated parking and other support facilities. At least 30

1844

percent of the total allocation provided to the trust shall be

1845

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

1846

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

1847

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

1848

and functions to intersperse open spaces within congested urban

1849

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

1850

percent shall be used to acquire lands for recreational trail

1851

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

1852

for such projects, they will be available for other trust

1853

projects. Local governments may use federal grants or loans,

1854

private donations, or environmental mitigation funds, including

1855

environmental mitigation funds required pursuant to s. 338.250,

1856

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

1857

funded through the Florida Communities Trust. Any lands purchased

1858

by nonprofit organizations using funds allocated under this

1859

paragraph must provide for such lands to remain permanently in

1860

public use through a reversion of title to local or state

1861

government, conservation easement, or other appropriate

1862

mechanism. Projects funded with funds allocated to the Trust

1863

shall be selected in a competitive process measured against

1864

criteria adopted in rule by the Trust.

1865

     (d)  Two percent to the Department of Environmental

1866

Protection for grants pursuant to s. 375.075.

1867

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

1868

Environmental Protection for the purchase of inholdings and

1869

additions to state parks and for capital project expenditures as

1870

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

1871

than 10 percent, of the funds allocated pursuant to this

1872

paragraph shall be spent on capital project expenditures

1873

identified during the time of acquisition which meet land

1874

management planning activities necessary for public access may

1875

not exceed 10 percent of the funds allocated under this

1876

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

1877

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

1878

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

1879

may come under its jurisdiction.

1880

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

1881

of the Department of Agriculture and Consumer Services to fund

1882

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

1883

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

1884

implementation of reforestation plans or sustainable forestry

1885

management practices, and for capital project expenditures as

1886

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

1887

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

1888

inholdings and additions pursuant to this paragraph shall be

1889

spent on capital project expenditures identified during the time

1890

of acquisition which meet land management planning activities

1891

necessary for public access may not exceed 10 percent of the

1892

funds allocated under this paragraph.

1893

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

1894

Conservation Commission to fund the acquisition of inholdings and

1895

additions to lands managed by the commission which are important

1896

to the conservation of fish and wildlife and for capital project

1897

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

1898

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

1899

pursuant to this paragraph shall be spent on capital project

1900

expenditures identified during the time of acquisition which meet

1901

land management planning activities necessary for public access

1902

may not exceed 10 percent of the funds allocated under this

1903

paragraph.

1904

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

1905

Environmental Protection for the Florida Greenways and Trails

1906

Program, to acquire greenways and trails or greenways and trail

1907

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

1908

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

1909

Trail and for capital project expenditures as described in this

1910

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

1911

the funds allocated pursuant to this paragraph shall be spent on

1912

capital project expenditures identified during the time of

1913

acquisition which meet land management planning activities

1914

necessary for public access may not exceed 10 percent of the

1915

funds allocated under this paragraph.

1916

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

1917

or proceeds of Florida Forever bonds distributed under this

1918

section shall be expended in an efficient and fiscally

1919

responsible manner. An agency that receives proceeds from Florida

1920

Forever bonds under this section may not maintain a balance of

1921

unencumbered funds in its Florida Forever subaccount beyond 3

1922

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

1923

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

1924

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

1925

the Legislature at its next regular session for use in the

1926

Florida Forever program.

1927

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

1928

and (h), the agencies that which receive the funds shall develop

1929

their individual acquisition or restoration lists in accordance

1930

with specific criteria and numeric performance measures developed

1931

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

1932

they are identified within the original project boundary, the

1933

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

1934

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

1935

Proposed additions not meeting the requirements of this paragraph

1936

shall be submitted to the Acquisition and Restoration Council for

1937

approval. The council may only approve the proposed addition if

1938

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

1939

or corridor to other publicly owned property; enhances the

1940

protection or management of the property; would add a desirable

1941

resource to the property; would create a more manageable boundary

1942

configuration; has a high resource value that otherwise would be

1943

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

1944

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

1945

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

1946

contribute to the achievement of the following goals, which shall

1947

be evaluated in accordance with specific criteria and numeric

1948

performance measures developed pursuant s. 259.035(4):

1949

     (a)  Enhance the coordination and completion of land

1950

acquisition projects, as measured by:

1951

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

1952

acquisition programs that contribute to the enhancement of

1953

essential natural resources, ecosystem service parcels, and

1954

connecting linkage corridors as identified and developed by the

1955

best available scientific analysis completion of Florida

1956

Preservation 2000 projects or projects begun before Preservation

1957

2000;

1958

     2.  The number of acres protected through the use of

1959

alternatives to fee simple acquisition; or

1960

     3.  The number of shared acquisition projects among Florida

1961

Forever funding partners and partners with other funding sources,

1962

including local governments and the Federal Government.

1963

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

1964

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

1965

by:

1966

     1.  The number of acres acquired of significant strategic

1967

habitat conservation areas;

1968

     2.  The number of acres acquired of highest priority

1969

conservation areas for Florida's rarest species;

1970

     3.  The number of acres acquired of significant landscapes,

1971

landscape linkages, and conservation corridors, giving priority

1972

to completing linkages;

1973

     4.  The number of acres acquired of underrepresented native

1974

ecosystems;

1975

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

1976

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

1977

or restorable natural communities established through new

1978

acquisition projects or augmentations to previous projects; or

1979

     6.  The percentage increase in the number of occurrences of

1980

endangered species, threatened species, or species of special

1981

concern on publicly managed conservation areas.

1982

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

1983

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

1984

measured by:

1985

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

1986

needing restoration, acres undergoing restoration, and acres with

1987

restoration activities completed;

1988

     2.  The percentage of water segments that fully meet,

1989

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

1990

in the Department of Environmental Protection's State Water

1991

Quality Assessment 305(b) Report;

1992

     3.  The percentage completion of targeted capital

1993

improvements in surface water improvement and management plans

1994

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

1995

management system plans, or other adopted restoration plans;

1996

     4.  The number of acres acquired that protect natural

1997

floodplain functions;

1998

     5.  The number of acres acquired that protect surface waters

1999

of the state;

2000

     6.  The number of acres identified for acquisition to

2001

minimize damage from flooding and the percentage of those acres

2002

acquired;

2003

     7.  The number of acres acquired that protect fragile

2004

coastal resources;

2005

     8.  The number of acres of functional wetland systems

2006

protected;

2007

     9.  The percentage of miles of critically eroding beaches

2008

contiguous with public lands that are restored or protected from

2009

further erosion;

2010

     10.  The percentage of public lakes and rivers in which

2011

invasive, nonnative aquatic plants are under maintenance control;

2012

or

2013

     11.  The number of acres of public conservation lands in

2014

which upland invasive, exotic plants are under maintenance

2015

control; or.

2016

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

2017

habitat for listed species and advance the goals and objectives

2018

of the Florida Fish and Wildlife Conservation Commission's

2019

approved species or habitat recovery plans.

2020

     (d)  Ensure that sufficient quantities of water are

2021

available to meet the current and future needs of natural systems

2022

and the citizens of the state, as measured by:

2023

     1.  The number of acres acquired which provide retention and

2024

storage of surface water in naturally occurring storage areas,

2025

such as lakes and wetlands, consistent with the maintenance of

2026

water resources or water supplies and consistent with district

2027

water supply plans;

2028

     2.  The quantity of water made available through the water

2029

resource development component of a district water supply plan

2030

for which a water management district is responsible; or

2031

     3.  The number of acres acquired of groundwater recharge

2032

areas critical to springs, sinks, aquifers, other natural

2033

systems, or water supply.

2034

     (e)  Increase natural resource-based public recreational and

2035

educational opportunities, as measured by:

2036

     1.  The number of acres acquired that are available for

2037

natural resource-based public recreation or education;

2038

     2.  The miles of trails that are available for public

2039

recreation, giving priority to those that provide significant

2040

connections including those that will assist in completing the

2041

Florida National Scenic Trail; or

2042

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

2043

by type, made available on public land.

2044

     (f)  Preserve significant archaeological or historic sites,

2045

as measured by:

2046

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

2047

and archaeological properties listed in the Florida Master Site

2048

File or National Register of Historic Places which are protected

2049

or preserved for public use; or

2050

     2.  The increase in the number and percentage of historic

2051

and archaeological properties that are in state ownership.

2052

     (g)  Increase the amount of forestland available for

2053

sustainable management of natural resources, as measured by:

2054

     1.  The number of acres acquired that are available for

2055

sustainable forest management;

2056

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

2057

for economic return in accordance with current best management

2058

practices;

2059

     3.  The number of acres of forestland acquired that will

2060

serve to maintain natural groundwater recharge functions; or

2061

     4.  The percentage and number of acres identified for

2062

restoration actually restored by reforestation.

2063

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

2064

areas, as measured by:

2065

     1.  The percentage of local governments that participate in

2066

land acquisition programs and acquire open space in urban cores;

2067

or

2068

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

2069

space within urban service areas.

2070

2071

Florida Forever projects and acquisitions funded pursuant to

2072

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

2073

the Florida Communities Trust Governing Board created in s.

2074

380.504.

2075

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

2076

managed for multiple-use purposes, where compatible with the

2077

resource values of and management objectives for such lands. As

2078

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

2079

to, outdoor recreational activities as described in ss. 253.034

2080

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

2081

sustainable forestry management, carbon sequestration, carbon

2082

mitigation, or carbon offsets.

2083

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

2084

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

2085

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

2086

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

2087

the Internal Improvement Trust Fund shall adopt rules that

2088

pertain to the use of state lands for carbon sequestration,

2089

carbon mitigation, or carbon offsets and that provide for

2090

climate-change-related benefits.

2091

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

2092

supply development project may be allowed only if the following

2093

conditions are met: minimum flows and levels have been

2094

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

2095

expected to experience significant harm to water resources as a

2096

result of the project; the project complies with all applicable

2097

permitting requirements; and the project is consistent with the

2098

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

2099

district and with relevant recovery or prevention strategies if

2100

required pursuant to s. 373.0421(2).

2101

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

2102

thereafter, the Acquisition and Restoration Council shall accept

2103

applications from state agencies, local governments, nonprofit

2104

and for-profit organizations, private land trusts, and

2105

individuals for project proposals eligible for funding pursuant

2106

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

2107

received pursuant to this subsection to ensure that they meet at

2108

least one of the criteria under subsection (9).

2109

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

2110

following:

2111

     1.  A minimum of two numeric performance measures that

2112

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

2113

performance measure shall include a baseline measurement, which

2114

is the current situation; a performance standard which the

2115

project sponsor anticipates the project will achieve; and the

2116

performance measurement itself, which should reflect the

2117

incremental improvements the project accomplishes towards

2118

achieving the performance standard.

2119

     2.  Proof that property owners within any proposed

2120

acquisition have been notified of their inclusion in the proposed

2121

project. Any property owner may request the removal of such

2122

property from further consideration by submitting a request to

2123

the project sponsor or the Acquisition and Restoration Council by

2124

certified mail. Upon receiving this request, the council shall

2125

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

2126

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

2127

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

2128

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

2129

members that such property is critical to achieve the purposes of

2130

the project.

2131

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

2132

vest in the Board of Trustees of the Internal Improvement Trust

2133

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

2134

district shall vest in the name of that district and lands

2135

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

2136

purchasing local government. All deeds or leases with respect to

2137

any real property acquired using funds received by a water

2138

management district pursuant to this section shall contain a

2139

reversion, conveyance, or termination clause that will vest title

2140

in the Board of Trustees of the Internal Improvement Trust Fund

2141

prior to any disposition or disposal of such lands as surplus.

2142

     (8)  The Acquisition and Restoration Council shall develop a

2143

project list that shall represent those projects submitted

2144

pursuant to subsection (7).

2145

     (9)  The Acquisition and Restoration Council shall recommend

2146

rules for adoption by the board of trustees to competitively

2147

evaluate, select, and rank projects eligible for Florida Forever

2148

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

2149

Conservation and Recreation Lands list pursuant to ss. 259.032

2150

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

2151

Acquisition and Restoration Council shall give weight to the

2152

following criteria:

2153

     (a)  The project meets multiple goals described in

2154

subsection (4).

2155

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

2156

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

2157

     (c)  The project enhances or facilitates management of

2158

properties already under public ownership.

2159

     (d)  The project has significant archaeological or historic

2160

value.

2161

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

2162

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

2163

     (f)  The project contributes to the solution of water

2164

resource problems on a regional basis.

2165

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

2166

in imminent danger of development, in imminent danger of losing

2167

its significant natural attributes or recreational open space, or

2168

in imminent danger of subdivision which would result in multiple

2169

ownership and make acquisition of the project costly or less

2170

likely to be accomplished.

2171

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

2172

by an ecosystem management team.

2173

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

2174

restoration effort.

2175

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

2176

value.

2177

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

2178

tax incentives, mitigation funds, or other revenues and

2179

alternatives to fee simple, including but not limited to,

2180

purchase of development rights, hunting rights, agricultural or

2181

silvicultural rights, or mineral rights or obtaining conservation

2182

easements or flowage easements.

2183

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

2184

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

2185

public-private partnership.

2186

     (10)  The Acquisition and Restoration Council shall give

2187

increased priority to those projects for which matching funds are

2188

available and to project elements previously identified on an

2189

acquisition list pursuant to this section that can be acquired at

2190

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

2191

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

2192

conservation plans overlap with the military's need to protect

2193

lands, water, and habitat to ensure the sustainability of

2194

military missions including:

2195

     (a)  Protecting habitat on nonmilitary land for any species

2196

found on military land that is designated as threatened or

2197

endangered, or is a candidate for such designation under the

2198

Endangered Species Act or any Florida statute;

2199

     (b)  Protecting areas underlying low-level military air

2200

corridors or operating areas; and

2201

     (c)  Protecting areas identified as clear zones, accident

2202

potential zones, and air installation compatible use buffer zones

2203

delineated by our military partners, and for which federal or

2204

other funding is available to assist with the project.

2205

     (11)  For the purposes of funding projects pursuant to

2206

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

2207

ensure that each water management district receives the following

2208

percentage of funds annually:

2209

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

2210

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

2211

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

2212

Department of Environmental Protection into the Save Our

2213

Everglades Trust Fund and shall be used exclusively to implement

2214

the comprehensive plan under s. 373.470.

2215

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

2216

Management District.

2217

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

2218

Management District.

2219

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

2220

Management District.

2221

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

2222

Water Management District.

2223

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

2224

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

2225

that these funds not be used to abrogate the financial

2226

responsibility of those point and nonpoint sources that have

2227

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

2228

an increased priority shall be given by the water management

2229

district governing boards to those projects that have secured a

2230

cost-sharing agreement allocating responsibility for the cleanup

2231

of point and nonpoint sources.

2232

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

2233

and Restoration Council shall be required in order to place a

2234

proposed project on the list developed pursuant to subsection

2235

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

2236

relationship has a connection with any project proposed to be

2237

ranked shall declare such interest prior to voting for a

2238

project's inclusion on the list.

2239

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

2240

issued pursuant to this section, the Acquisition and Restoration

2241

Council shall review the most current approved project list and

2242

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

2243

Trustees of the Internal Improvement Trust Fund for approval a

2244

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

2245

board of trustees may remove projects from the list developed

2246

pursuant to this subsection, but may not add projects or

2247

rearrange project rankings.

2248

     (15)  The Acquisition and Restoration Council shall submit

2249

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

2250

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

2251

information for each project listed:

2252

     (a)  The stated purpose for inclusion.

2253

     (b)  Projected costs to achieve the project goals.

2254

     (c) An interim management budget that includes all costs

2255

associated with immediate public access.

2256

     (d)  Specific performance measures.

2257

     (e)  Plans for public access.

2258

     (f)  An identification of the essential parcel or parcels

2259

within the project without which the project cannot be properly

2260

managed.

2261

     (g)  Where applicable, an identification of those projects

2262

or parcels within projects which should be acquired in fee simple

2263

or in less than fee simple.

2264

     (h)  An identification of those lands being purchased for

2265

conservation purposes.

2266

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

2267

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

2268

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

2269

values.

2270

     (k)  A map delineating project boundaries.

2271

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

2272

outdoor recreational value, forest resources, wildlife resources,

2273

ownership pattern, utilization, and location.

2274

     (m)  A discussion of whether alternative uses are proposed

2275

for the property and what those uses are.

2276

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

2277

     (16)  All proposals for projects pursuant to paragraph

2278

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

2279

the Acquisition and Restoration Council and approved by the board

2280

of trustees. The council shall consider and evaluate in writing

2281

the merits and demerits of each project that is proposed for

2282

Florida Forever funding and each proposed addition to the

2283

Conservation and Recreation Lands list program. The council shall

2284

ensure that each proposed project will meet a stated public

2285

purpose for the restoration, conservation, or preservation of

2286

environmentally sensitive lands and water areas or for providing

2287

outdoor recreational opportunities and that each proposed

2288

addition to the Conservation and Recreation Lands list will meet

2289

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

2290

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

2291

or addition conforms, where applicable, with the comprehensive

2292

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

2293

multipurpose outdoor recreation plan developed pursuant to s.

2294

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

2295

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

2296

s. 373.199, and the provisions of this section.

2297

     (17) On an annual basis, the Division of State Lands shall

2298

prepare an annual work plan that prioritizes projects on the

2299

Florida Forever list and sets forth the funding available in the

2300

fiscal year for land acquisition. The work plan shall consider

2301

the following categories of expenditure for land conservation

2302

projects already selected for the Florida Forever list pursuant

2303

to subsection (8):

2304

     (a) A critical natural lands category, including functional

2305

landscape-scale natural systems, intact large hydrological

2306

systems, lands that have significant imperiled natural

2307

communities, and corridors linking large landscapes, as

2308

identified and developed by the best available scientific

2309

analysis.

2310

     (b) A partnerships or regional incentive category,

2311

including:

2312

     1. Projects where local and regional cost-share agreements

2313

provide a lower cost and greater conservation benefit to the

2314

people of the state. Additional consideration shall be provided

2315

under this category where parcels are identified as part of a

2316

local or regional visioning process and are supported by

2317

scientific analysis; and

2318

     2. Bargain and shared projects where the state will receive

2319

a significant reduction in price for public ownership of land as

2320

a result of the removal of development rights or other interests

2321

in lands or receives alternative or matching funds.

2322

     (c) A substantially complete category of projects where

2323

mainly inholdings, additions, and linkages between preserved

2324

areas will be acquired and where 85 percent of the project is

2325

complete.

2326

     (d) A climate-change category list of lands where

2327

acquisition or other conservation measures will address the

2328

challenges of global climate change, such as through protection,

2329

restoration, mitigation, and strengthening of Florida's land,

2330

water, and coastal resources. This category includes lands that

2331

provide opportunities to sequester carbon, provide habitat,

2332

protect coastal lands or barrier islands, and otherwise mitigate

2333

and help adapt to the effects of sea-level rise and meet other

2334

objectives of the program.

2335

     (e) A less-than-fee category for working agricultural lands

2336

that significantly contribute to resource protection through

2337

conservation easements and other less-than-fee techniques, tax

2338

incentives, life estates, landowner agreements, and other

2339

partnerships, including conservation easements acquired in

2340

partnership with federal conservation programs, which will

2341

achieve the objectives of Florida Forever while allowing the

2342

continuation of compatible agricultural uses on the land. Terms

2343

of easements proposed for acquisition under this category shall

2344

be jointly developed by the Division of State Lands and the

2345

Department of Agriculture and Consumer Services. By January 1,

2346

2009, the Commissioner of Agriculture and the Secretary of

2347

Environmental Protection shall enter into an interagency

2348

agreement establishing the procedures for such projects.

2349

2350

Projects within each category shall be ranked by order of

2351

priority. The work plan shall be adopted by the Acquisition and

2352

Restoration Council after at least one public hearing. A copy of

2353

the work plan shall be provided to the board of trustees of the

2354

Internal Improvement Trust Fund no later than October 1 of each

2355

year.

2356

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

2357

Improvement Trust Fund, or, in the case of water management

2358

district lands, the owning water management district, may

2359

authorize the granting of a lease, easement, or license for the

2360

use of certain lands acquired pursuant to this section, for

2361

certain uses that are determined by the appropriate board to be

2362

compatible with the resource values of and management objectives

2363

for such lands.

2364

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

2365

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

2366

acquired pursuant to this section shall be presumed to be

2367

compatible with the purposes for which such lands were acquired.

2368

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