Florida Senate - 2008 CS for CS for SB 542

By the Committees on General Government Appropriations; Environmental Preservation and Conservation; and Senator Saunders

601-07316A-08 2008542c2

A bill to be entitled

An act relating to land acquisition and management;

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

of taxes collected for debt service; extending the

deadline for retiring the bonds issued under the

Florida Forever Act; amending s. 215.618, F.S.;

authorizing the distribution of bonds for the

acquisition of conservation lands; increasing the

bonding authority for issuance of Florida Forever

bonds; directing the Legislature to complete a debt

analysis prior to the issuance of any such bonds by a

date certain; directing the Legislature to complete an

analysis on potential revenue sources by a date

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

appraisals of land under certain circumstances;

deleting provisions that allow appraisers to reject an

appraisal report under certain conditions; providing

authority to the Board of Trustees of the Internal

Improvement Trust Fund to waive sales history

requirements under certain conditions; amending s.

253.0325, F.S.; requiring the Department of

Environmental Protection to modernize its information

systems; requiring a annual report of state lands

acquired by each recipient of funds; amending s.

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

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

land management plans provide short-term and long-term

management goads; specifying measurable objectives;

requiring that a land management plan contain certain

elements; revising requirements for determining which

state-owned lands may be surplus lands; requiring

additional appraisals under certain conditions;

requiring the Division of State Lands to contract with

an organization for the purpose of determining the

value of carbon capture and carbon sequestration with

respect to state lands and provide an inventory to the

board of trustees; authorizing to the Fish and Wildlife

Conservation Commission to manage lands for imperiled

species under certain conditions; requiring a report to

the Legislature; providing for future expiration of

such authority; amending s. 253.111, F.S.; extending

the period within which a board of county commissioners

must provide a resolution to the Board of Trustees of

the Internal Improvement Trust Fund before state-owned

lands are otherwise sold; amending s. 253.82, F.S.;

revising requirements of the sale of nonsovereignty

lands owned by the board of trustees; deleting

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

requiring priority purchase of conservation and

recreational lands that have high concentrations of

population and certain agricultural lands; revising

requirements for land management plans; establishing a

minimum for funds expended for the management of state-

owned land; requiring the Land Management Uniform

Accounting Council to report on the formula for

allocating land management funds; providing

requirements for the report; deleting obsolete

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

provisions establishing the Acquisition and Restoration

Council; revising membership criteria; directing the

council to establish specific criteria and numeric

performance measures for the acquisition of land;

amending s. 259.037, F.S.; revising the categories used

by the Land Management Uniform Accounting Council to

collect and report the costs of land management

activities; requiring agencies to report additional

information to the council; amending s. 259.041, F.S.,

relating to the acquisition of state-owned lands for

preservation, conservation, and recreation purposes;

requiring Legislative approval for acquisitions by the

state exceeding a certain amount; increasing appraisal

thresholds; requiring that specific language be

included on option contracts; amending s. 259.105,

F.S., relating to the Florida Forever Act; revising

Legislative intent; providing for funds to be deposited

in the Florida Forever Trust Fund; requiring bonded

moneys be spent for capital improvements under certain

conditions; providing for the expenditure of funds for

conservation and agricultural easements under certain

conditions; providing for the inclusion of carbon

sequestration as a multiple use; providing rulemaking

authority for the board of trustees; providing for the

reversion of lands to the board of trustees under

certain conditions; requiring an annual work plan be

developed by the Acquisition and Restoration Council;

authorizing alternatives to fee-simple purchases;

deleting obsolete provisions; amending s. 259.1051,

F.S., relating to the Florida Forever Trust Fund;

increasing bonding authority; amending s. 373.089,

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

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

oversight authority to the department; amending s.

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

transferring all statutory powers, duties, functions,

records, personnel, property, and unexpended balances

of appropriations, allocations, or other funds related

to the Florida Communities Trust from the Department of

Community Affairs to the Department of Environmental

Protection; requesting that the Division of Statutory

100

Revision of the Office of Legislative Services prepare

101

a reviser's bill to conform certain provisions of state

102

law to changes made by the act; providing an effective

103

date.

104

105

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

106

107

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

108

201.15, Florida Statutes, is amended to read:

109

201.15 Distribution of taxes collected.--All taxes

110

collected under this chapter shall be distributed as follows and

111

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

112

except that such service charge shall not be levied against any

113

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

114

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

115

amounts relating to the bonds:

116

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

117

remaining taxes collected under this chapter shall be used for

118

the following purposes:

119

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

120

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

121

other amounts payable with respect to Preservation 2000 bonds

122

issued pursuant to s. 375.051 and Florida Forever bonds issued

123

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

124

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

125

purposes. The amount transferred to the Land Acquisition Trust

126

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

127

thereafter for Preservation 2000 bonds and bonds issued to refund

128

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

129

2001 and thereafter for Florida Forever bonds. The annual amount

130

transferred to the Land Acquisition Trust Fund for Florida

131

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

132

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

133

transferred shall be increased by an additional $30 million in

134

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

135

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

136

of the Legislature that all bonds issued to fund the Florida

137

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

138

bonds issued to refund previously issued bonds, no series of

139

bonds may be issued pursuant to this paragraph unless such bonds

140

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

141

year in which the bonds are issued is specifically appropriated

142

in the General Appropriations Act. For purposes of refunding

143

Preservation 2000 bonds, amounts designated within this section

144

for Preservation 2000 and Florida Forever bonds may be

145

transferred between the two programs to the extent provided for

146

in the documents authorizing the issuance of the bonds. The

147

Preservation 2000 bonds and Florida Forever bonds shall be

148

equally and ratably secured by moneys distributable to the Land

149

Acquisition Trust Fund pursuant to this section, except to the

150

extent specifically provided otherwise by the documents

151

authorizing the issuance of the bonds. No moneys transferred to

152

the Land Acquisition Trust Fund pursuant to this paragraph, or

153

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

154

service on the Save Our Coast revenue bonds.

155

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

156

Statutes, is amended to read:

157

215.618 Bonds for acquisition and improvement of land,

158

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

159

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

160

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

161

and improvement of land, water areas, and related property

162

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

163

purposes of restoration, conservation, recreation, water resource

164

development, or historical preservation, and for capital

165

improvements to lands and water areas that accomplish

166

environmental restoration, enhance public access and recreational

167

enjoyment, promote long-term management goals, and facilitate

168

water resource development is hereby authorized, subject to the

169

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

170

the State Constitution. Florida Forever bonds may also be issued

171

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

172

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

173

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

174

series of Florida Forever bonds issued may not exceed 20 annual

175

maturities. Preservation 2000 bonds and Florida Forever bonds

176

shall be equally and ratably secured by moneys distributable to

177

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

178

except to the extent specifically provided otherwise by the

179

documents authorizing the issuance of the bonds.

180

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

181

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

182

the authorization of any bonds for land acquisition.

183

184

analysis of potential revenue sources for the Florida Forever

185

program.

186

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

187

Statutes, is amended to read:

188

253.025 Acquisition of state lands for purposes other than

189

preservation, conservation, and recreation.--

190

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

191

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

192

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

193

as follows:

194

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

195

appraisal. Two appraisals are required when the estimated value

196

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

197

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

198

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

199

justified, a comparable sales analysis or other reasonably

200

prudent procedures may be used by the division to estimate the

201

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

202

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

203

lands and appurtenances that are being donated to the state.

204

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

205

the acquisition. The board of trustees shall approve qualified

206

fee appraisal organizations. All appraisals used for the

207

acquisition of lands pursuant to this section shall be prepared

208

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

209

certified appraiser. The board of trustees Division of State

210

Lands shall adopt rules for selecting individuals to perform

211

appraisals pursuant to this section. Each fee appraiser selected

212

to appraise a particular parcel shall, prior to contracting with

213

the agency, submit to that agency an affidavit substantiating

214

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

215

parcel.

216

217

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

218

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

219

practicable, generally accepted appraisal standards. Any

220

appraisal issued for acquisition of lands pursuant to this

221

section must comply with the rules adopted by the board of

222

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

223

requirements for upland parcels established in the Minimum

224

Technical Standards for Land Surveying in Florida published by

225

the Department of Business and Professional Regulation and which

226

accurately portrays, to the greatest extent practicable, the

227

condition of the parcel as it currently exists. The requirement

228

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

229

board of trustees any time prior to submitting the agreement for

230

purchase to the Division of State Lands. When an existing

231

boundary map and description of a parcel are determined by the

232

division to be sufficient for appraisal purposes, the division

233

director may temporarily waive the requirement for a survey until

234

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

235

appraiser and the review appraiser for the agency shall not act

236

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

237

owner.

238

(d) Appraisal reports are confidential and exempt from the

239

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

240

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

241

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

242

agreement for purchase is considered for approval by the board of

243

trustees. However, the Division of State Lands may disclose

244

appraisal information to public agencies or nonprofit

245

organizations that agree to maintain the confidentiality of the

246

reports or information when joint acquisition of property is

247

contemplated, or when a public agency or nonprofit organization

248

enters into a written agreement with the division to purchase and

249

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

250

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

251

agency or nonprofit organization, provided the appraiser is

252

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

253

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

254

this paragraph, "nonprofit organization" means an organization

255

whose purpose is the preservation of natural resources, and which

256

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

257

Internal Revenue Code. The agency may release an appraisal report

258

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

259

the report invalid.

260

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

261

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

262

division shall review such report for compliance with the rules

263

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

264

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

265

inspection of the subject property by the review appraiser. The

266

review appraiser may reject an appraisal report following a desk

267

review, but is prohibited from approving an appraisal report in

268

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

269

applicability of laws affecting an appraisal shall be addressed

270

by the legal office of the agency.

271

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

272

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

273

history shall include all parties and considerations with the

274

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

275

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

276

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

277

of trustees Secretary of Environmental Protection or the director

278

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

279

shall adopt a rule specifying guidelines for waiver of a sales

280

history.

281

(g) The board of trustees may consider an appraisal

282

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

283

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

284

an appraisal required by this subsection or to determine the

285

maximum offer allowed by law.

286

Section 4. Section 253.0325, Florida Statutes, is amended

287

to read:

288

253.0325 Modernization of state lands records.--

289

(1) The Department of Environmental Protection shall

290

initiate an ongoing computerized information systems program to

291

modernize its state lands records and documents that relate to

292

all lands that have been acquired by all agencies under the

293

Florida Preservation 2000 Act pursuant to s. 259.101 or the

294

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

295

Florida Forever funds shall annually submit its records for lands

296

acquired for compilation of state lands records by the department

297

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

298

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

299

(a) A document management component to automate the storage

300

and retrieval of information contained in state lands records.

301

(b) A land records management component to organize the

302

records by key elements present in the data.

303

304

of resource and environmental data.

305

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

306

state-owned parcels using data from the land records management

307

and evaluation components.

308

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

309

department shall seek to ensure information systems compatibility

310

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

311

governmental agencies. The department also shall seek to promote

312

standardization in the collection of information regarding state-

313

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

314

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

315

department's modernization of state lands records shall not be

316

considered a final or complete accounting of lands which the

317

state owns or to which the state may claim ownership.

318

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

319

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

320

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

321

section, to read:

322

253.034 State-owned lands; uses.--

323

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

324

following meanings:

325

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

326

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

327

including vessel access made possible by boat ramps, and

328

associated parking and other support facilities, where compatible

329

with conservation and recreation objectives.

330

331

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

332

any other conveyance for which no consideration was paid, and

333

which are not managed for conservation, outdoor resource-based

334

recreation, or archaeological or historic preservation under a

335

land management plan approved by the board of trustees are not

336

conservation lands.

337

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

338

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

339

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

340

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

341

conservation lands shall also update a land management plan

342

whenever the manager proposes to add new facilities or make

343

substantive land use or management changes that were not

344

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

345

of significant new lands. Each manager of nonconservation lands

346

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

347

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

348

the board. The division shall review each plan for compliance

349

with the requirements of this subsection and the requirements of

350

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

351

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

352

properties, shall include an analysis of the property to

353

determine if any significant natural or cultural resources are

354

located on the property. Such resources include archaeological

355

and historic sites, state and federally listed plant and animal

356

species, and imperiled natural communities and unique natural

357

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

358

shall consult with the Division of State Lands and other

359

appropriate agencies to develop management strategies to protect

360

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

361

of invasive nonnative plants and conservation of soil and water

362

resources, including a description of how the manager plans to

363

control and prevent soil erosion and soil or water contamination.

364

Land use plans submitted by a manager shall include reference to

365

appropriate statutory authority for such use or uses and shall

366

conform to the appropriate policies and guidelines of the state

367

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

368

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

369

the property, which analysis shall include the potential of the

370

property to generate revenues to enhance the management of the

371

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

372

potential use of private land managers to facilitate the

373

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

374

newly acquired property has a valid conservation plan that was

375

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

376

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

377

plan is completed.

378

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

379

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

380

accessibility of state lands for the benefit and enjoyment of all

381

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

382

management plan shall provide a desired outcome, describe both

383

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

384

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

385

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

386

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

387

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

388

all subsequent land management activities.

389

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

390

measurable objectives for the following, as appropriate:

391

1. Habitat restoration and improvement.

392

2. Public access and recreational opportunities.

393

3. Hydrological preservation and restoration.

394

4. Sustainable forest management.

395

5. Exotic and invasive species maintenance and control.

396

6. Capital facilities and infrastructure.

397

7. Cultural and historical resources.

398

399

following elements:

400

1. A physical description of the land.

401

2. A quantitative data description of the land which

402

includes an inventory of forest and other natural resources;

403

exotic and invasive plants; hydrological features;

404

infrastructure, including recreational facilities; and other

405

significant land, cultural, or historical features. The inventory

406

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

407

when appropriate. The inventory shall be of such detail that

408

objective measures and benchmarks can be established for each

409

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

410

quantitative data collected shall be aggregated, standardized,

411

collected, and presented in an electronic format to allow for

412

uniform management reporting and analysis. The information

413

collected by the Department of Environmental Protection pursuant

414

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

415

or her assignee.

416

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

417

land management goal, the associated measurable objectives, and

418

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

419

management objectives. Each land management objective must be

420

addressed by the land management plan and where practicable no

421

land management objective shall be performed to the detriment of

422

the other land management objectives.

423

4. A schedule of land management activities which contains

424

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

425

measurable objective and activities. The schedule shall include

426

for each activity a timeline for completion, quantitative

427

measures, and detailed expense and manpower budgets. The schedule

428

shall provide a management tool that facilitates development of

429

performance measures.

430

5. A summary budget for the scheduled land management

431

activities of the land management plan. The summary budget shall

432

be prepared in such a manner that it facilitates computing an

433

aggregate of land management costs for all state-managed lands

434

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

435

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

436

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

437

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

438

compliance with the requirements of this subsection, the

439

requirements of chapter 259, and the requirements of the rules

440

established by the board pursuant to this section. The council

441

shall also consider the propriety of the recommendations of the

442

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

443

the protection of fragile or nonrenewable resources, the

444

potential for alternative or multiple uses not recognized by the

445

managing entity, and the possibility of disposal of the property

446

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

447

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

448

The council shall specifically recommend to the board whether to

449

approve the plan as submitted, approve the plan with

450

modifications, or reject the plan.

451

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

452

Trust Fund shall consider the land management plan submitted by

453

each entity and the recommendations of the council and the

454

Division of State Lands and shall approve the plan with or

455

without modification or reject such plan. The use or possession

456

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

457

management plan is subject to termination by the board.

458

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

459

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

460

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

461

shall make a determination that the lands are no longer needed

462

for conservation purposes and may dispose of them by an

463

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

464

exchange involving the disposition of conservation lands, the

465

board must determine by an affirmative vote of at least three

466

members that the exchange will result in a net positive

467

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

468

determination that the lands are no longer needed and may dispose

469

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

470

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

471

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

472

Preservation 2000 bonds, the Conservation and Recreation Lands

473

Trust Fund, the Water Management Lands Trust Fund,

474

Environmentally Endangered Lands Program, and the Save Our Coast

475

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

476

core parcels or within original project boundaries, shall be

477

deemed to have been acquired for conservation purposes.

478

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

479

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

480

acquisition as to those parcels that shall be designated as

481

having been acquired for conservation purposes. No lands acquired

482

for use by the Department of Corrections, the Department of

483

Management Services for use as state offices, the Department of

484

Transportation, except those specifically managed for

485

conservation or recreation purposes, or the State University

486

System or the Florida Community College System shall be

487

designated as having been purchased for conservation purposes.

488

489

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

490

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

491

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

492

purpose for which they were originally leased. For conservation

493

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

494

whether such lands should be retained in public ownership or

495

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

496

shall review such lands and shall recommend to the board whether

497

such lands should be retained in public ownership or disposed of

498

by the board.

499

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

500

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

501

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

502

the council or its successor for its recommendation as to whether

503

such lands should be disposed of by the board.

504

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

505

the Acquisition and Restoration Council shall review and make

506

recommendations to the board concerning the request for

507

surplusing. The council shall determine whether the request for

508

surplusing is compatible with the resource values of and

509

management objectives for such lands.

510

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

511

shall consider whether such lands would be more appropriately

512

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

513

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

514

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

515

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

516

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

517

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

518

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

519

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

520

public schools; public libraries; fire or law enforcement

521

substations; governmental, judicial, or recreational centers; and

522

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

523

or local government requests for surplus lands shall be expedited

524

throughout the surplusing process. If the county or local

525

government does not elect to purchase such lands in accordance

526

with s. 253.111, then any surplusing determination involving

527

other governmental agencies shall be made upon the board deciding

528

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

529

governmental agencies have expressed no interest shall then be

530

available for sale on the private market.

531

2. Notwithstanding subparagraph 1., any parcel of surplus

532

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

533

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

534

from a fair association incorporated under chapter 616 for the

535

purpose of conducting and operating public fairs or expositions,

536

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

537

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

538

for reconveyance to such fair association for no consideration;

539

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

540

management of such lands may remove from the lands any

541

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

542

days after the effective date of the reconveyance. This

543

subparagraph expires July 1, 2008.

544

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

545

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

546

the division and shall take into consideration an appraisal of

547

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

548

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

549

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

550

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

551

sole discretion, may require a second appraisal. The individual

552

or entity requesting to purchase the surplus parcel shall pay all

553

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

554

acquire the lands.

555

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

556

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

557

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

558

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

559

the State Constitution until 2 weeks before the contract or

560

agreement regarding the purchase, exchange, or disposal of the

561

surplus land is first considered for approval by the board.

562

Notwithstanding the exemption provided under this subparagraph,

563

the division may disclose appraisals, valuations, or valuation

564

information regarding surplus land during negotiations for the

565

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

566

bidding process associated with the sale, disposal, or exchange

567

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

568

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

569

when negotiations or marketing efforts concerning the land are

570

concluded.

571

b. This subparagraph is subject to the Open Government

572

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

573

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

574

repeal through reenactment by the Legislature.

575

2. A unit of government that acquires title to lands

576

hereunder for less than appraised value may not sell or transfer

577

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

578

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

579

or sell lands pursuant to this paragraph shall first allow the

580

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

581

the board sold such lands.

582

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

583

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

584

no monetary consideration was exchanged, the price of land sold

585

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

586

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

587

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

588

requesting the surplus shall select and use appraisers from the

589

list of approved appraisers maintained by the Division of State

590

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

591

entity requesting the surplus is to incur all costs of the

592

appraisals.

593

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

594

the board shall determine whether lands identified for surplus

595

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

596

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

597

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

598

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

599

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

600

expiration of the notice provisions required under this

601

subsection and s. 253.111.

602

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

603

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

604

lead managing agency for review and recommendation to the council

605

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

606

review such requests and make recommendations. Any surplusing

607

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

608

period shall be immediately scheduled for hearing at the next

609

regularly scheduled meeting of the council or its successor.

610

Requests for surplusing pursuant to this paragraph shall not be

611

required to be offered to local or state governments as provided

612

in paragraph (f).

613

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

614

this subsection shall be deposited into the fund from which such

615

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

616

were originally acquired no longer exists, such proceeds shall be

617

deposited into an appropriate account to be used for land

618

management by the lead managing agency assigned the lands prior

619

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

620

of surplus nonconservation lands, or lands that were acquired by

621

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

622

into the Internal Improvement Trust Fund.

623

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

624

no such disposition of land shall be made if such disposition

625

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

626

interest on any revenue bonds issued to lose the exclusion from

627

gross income for federal income tax purposes.

628

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

629

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

630

council or its successor.

631

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

632

provisions of this section, which may include procedures for

633

administering surplus land requests and criteria for when the

634

division may approve requests to surplus nonconservation lands on

635

behalf of the board.

636

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

637

the Division of State Lands is directed to prepare a state

638

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

639

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

640

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

641

development of the state inventory, each county shall direct the

642

appropriate county office with authority over the information to

643

provide the division with a county inventory of all lands

644

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

645

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

646

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

647

conservation lands as water recharge areas and air filters and,

648

in an effort to better understand the scientific underpinnings of

649

carbon sequestration, carbon capture, and greenhouse gas

650

mitigation, to inform policymakers and decisionmakers, and to

651

provide the infrastructure for land owners, the Division of State

652

Lands shall contract with an organization experienced and

653

specialized in carbon sinks and emission budgets to conduct an

654

inventory of all lands that were acquired pursuant to

655

Preservation 2000 and Florida Forever and that were titled in the

656

name of the Board of Trustees of the Internal Improvement Trust

657

Fund. The inventory shall determine the value of carbon capture

658

and carbon sequestration. Such inventory shall consider potential

659

carbon offset values of changes in land management practices,

660

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

661

prescribed burns, and land use conversion. Such an inventory

662

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

663

1, 2009.

664

(b) The state inventory must distinguish between lands

665

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

666

a core parcel or within original project boundaries, as those

667

terms are used to meet the surplus requirements of subsection

668

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

669

management district which are not essential or necessary for

670

conservation purposes.

671

672

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

673

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

674

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

675

the county boundary are federal lands and lands titled in the

676

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

677

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

678

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

679

meet conservation purposes may, upon request of a public or

680

private entity, be made available for purchase through the

681

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

682

or anticipated transportation facilities are exempt from the

683

requirements of this paragraph. Priority consideration shall be

684

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

685

property to productive use so long as the property can be

686

reentered onto the county ad valorem tax roll. Property acquired

687

with matching funds from a local government shall not be made

688

available for purchase without the consent of the local

689

government.

690

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

691

Conservation Commission acts as lead manager may be used to

692

protect, manage, or restore habitat for native or imperiled

693

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

694

uses to the Acquisition and Restoration Council and the council

695

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

696

Following approval of the work plan by the council, the

697

commission shall submit the approved work plan to the Board of

698

Trustees of the Internal Improvement Trust Fund for adoption. The

699

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

700

any other agency.

701

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

702

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

703

House of Representatives on the efficacy of using state-owned

704

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

705

imperiled species. This subsection expires July 1, 2014.

706

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

707

Statutes, is amended to read:

708

253.111 Notice to board of county commissioners before

709

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

710

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

711

unless and until they afford an opportunity to the county in

712

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

713

terms and conditions:

714

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

715

is given to the board of county commissioners pursuant to

716

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

717

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

718

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

719

established by generally accepted professional standards for real

720

estate appraisal and subject to such other terms and conditions

721

as the board determines.

722

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

723

253.82, Florida Statutes, is amended to read:

724

253.82 Title of state or private owners to Murphy Act

725

lands.--

726

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

727

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

728

other nonsovereignty lands owned by the board. However, any

729

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

730

Trustees of the Internal Improvement Trust Fund pursuant to this

731

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

732

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

733

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

734

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

735

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

736

of such land shall be deposited into the Internal Improvement

737

Trust Fund. The Board of Trustees of the Internal Improvement

738

Trust Fund is authorized to adopt rules to implement the

739

provisions of this subsection.

740

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

741

read:

742

259.032 Conservation and Recreation Lands Trust Fund;

743

purpose.--

744

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

745

state shall be assured public ownership of natural areas for

746

purposes of maintaining this state's unique natural resources;

747

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

748

development to meet the needs of natural systems and citizens of

749

this state; promoting restoration activities on public lands; and

750

providing lands for natural resource based recreation. In

751

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

752

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

753

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

754

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

755

Legislature, with regard to the lands described in paragraph

756

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

757

restoration, and management of such lands in or near counties

758

exhibiting the greatest concentration of population and, with

759

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

760

priority be given to acquiring lands or rights or interests in

761

lands that advance the goals and objectives of the Fish and

762

Wildlife Conservation Commission's approved species or habitat

763

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

764

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

765

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

766

successor, cannot be adequately protected by application of land

767

development regulations adopted pursuant to s. 380.05. Finally,

768

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

769

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

770

protect or restore their natural resource values, and provide the

771

greatest benefit, including public access, to the citizens of

772

this state.

773

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

774

established within the Department of Environmental Protection.

775

The fund shall be used as a nonlapsing, revolving fund

776

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

777

credited with proceeds from the following excise taxes:

778

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

779

and

780

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

781

provided in s. 211.3103.

782

783

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

784

proceeds from such taxes as provided in this paragraph.

785

(b) There shall annually be transferred from the

786

Conservation and Recreation Lands Trust Fund to the Land

787

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

788

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

789

fund debt service reserve funds, rebate obligations, or other

790

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

791

acquire lands on the established priority list developed pursuant

792

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

793

the Land Acquisition Trust Fund pursuant to this paragraph, or

794

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

795

service on the Save Our Coast revenue bonds. Amounts transferred

796

annually from the Conservation and Recreation Lands Trust Fund to

797

the Land Acquisition Trust Fund pursuant to this paragraph shall

798

have the highest priority over other payments or transfers from

799

the Conservation and Recreation Lands Trust Fund, and no other

800

payments or transfers shall be made from the Conservation and

801

Recreation Lands Trust Fund until such transfers to the Land

802

Acquisition Trust Fund have been made. Moneys in the Conservation

803

and Recreation Lands Trust Fund also shall be used to manage

804

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

805

pursuant to the provisions of this section.

806

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

807

Trustees of the Internal Improvement Trust Fund, may allocate

808

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

809

lesser interest in lands for the following public purposes:

810

(a) To conserve and protect environmentally unique and

811

irreplaceable lands that contain native, relatively unaltered

812

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

813

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

814

(b) To conserve and protect lands within designated areas

815

of critical state concern, if the proposed acquisition relates to

816

the natural resource protection purposes of the designation;

817

818

endangered or threatened species, emphasizing long-term

819

protection for endangered or threatened species designated G-1 or

820

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

821

areas that are special locations for breeding and reproduction;

822

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

823

ecosystems, landscapes, and forests, if the protection and

824

conservation of such lands is necessary to enhance or protect

825

significant surface water, groundwater, coastal, recreational,

826

timber, or fish or wildlife resources which cannot otherwise be

827

accomplished through local and state regulatory programs;

828

(e) To promote water resource development that benefits

829

natural systems and citizens of the state;

830

(f) To facilitate the restoration and subsequent health and

831

vitality of the Florida Everglades;

832

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

833

natural resource based recreation and other outdoor recreation on

834

any part of any site compatible with conservation purposes;

835

(h) To preserve significant archaeological or historic

836

sites; or

837

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

838

outdoor recreation which are compatible with conservation

839

purposes; or.

840

(j) To preserve agricultural lands under threat of

841

conversion to development through less-than-fee acquisitions.

842

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

843

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

844

historic or archaeological sites, geologic or botanical sites,

845

recreational trails, forests, wilderness areas, wildlife

846

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

847

recreation or conservation lands; or they shall qualify for such

848

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

849

governmental agencies or nonstate entities as provided for in

850

this section.

851

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

852

moneys may be transferred from the Conservation and Recreation

853

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

854

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

855

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

856

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

857

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

858

maintenance of a natural areas inventory to aid in the

859

identification of areas to be acquired pursuant to this section.

860

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

861

incurred under this section shall be deposited with the Chief

862

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

863

in the manner provided by law. Interest received on such

864

investments shall be credited to the Conservation and Recreation

865

Lands Trust Fund.

866

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

867

necessary to accomplish the purposes of this section. The lead

868

land managing agencies designated by the board of trustees also

869

are directed by the Legislature to enter into contracts or

870

interagency agreements with other governmental entities,

871

including local soil and water conservation districts, or private

872

land managers who have the expertise to perform specific

873

management activities which a lead agency lacks, or which would

874

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

875

not be limited to, controlled burning, road and ditch

876

maintenance, mowing, and wildlife assessments.

877

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

878

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

879

rules and shall be acquired in accordance with acquisition

880

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

881

otherwise provided by the Legislature. An inholding or an

882

addition to a project selected for purchase pursuant to this

883

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

884

if the estimated value of such inholding or addition does not

885

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

886

project has been purchased pursuant to this chapter, the project

887

may be removed from the list and the remaining acreage may

888

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

889

title work, appraisal fees, environmental audits, and survey

890

costs related to acquisition expenses for lands to be acquired,

891

donated, or exchanged which qualify under the categories of this

892

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

893

authorized the Department of Environmental Protection to condemn

894

a specific parcel of land and such parcel has already been

895

approved for acquisition under this section, the land may be

896

acquired in accordance with the provisions of chapter 73 or

897

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

898

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

899

associated with condemnation.

900

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

901

shall be:

902

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

903

combination of benefits to the public and to the resources.

904

(b) Managed for public outdoor recreation which is

905

compatible with the conservation and protection of public lands.

906

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

907

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

908

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

909

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

910

jogging, and other related outdoor activities compatible with the

911

purposes for which the lands were acquired.

912

913

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

914

(d) Concurrent with its adoption of the annual Conservation

915

and Recreation Lands list of acquisition projects pursuant to s.

916

259.035, the board of trustees shall adopt a management

917

prospectus for each project. The management prospectus shall

918

delineate:

919

1. The management goals for the property;

920

2. The conditions that will affect the intensity of

921

management;

922

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

923

property, if appropriate;

924

4. A timetable for implementing the various stages of

925

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

926

5. A description of potential multiple-use activities as

927

described in this section and s. 253.034;

928

6. Provisions for protecting existing infrastructure and

929

for ensuring the security of the project upon acquisition;

930

7. The anticipated costs of management and projected

931

sources of revenue, including legislative appropriations, to fund

932

management needs; and

933

8. Recommendations as to how many employees will be needed

934

to manage the property, and recommendations as to whether local

935

governments, volunteer groups, the former landowner, or other

936

interested parties can be involved in the management.

937

(e) Concurrent with the approval of the acquisition

938

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

939

except those lands being acquired under the provisions of s.

940

259.1052, the board of trustees shall designate an agency or

941

agencies to manage such lands. The board shall evaluate and

942

amend, as appropriate, the management policy statement for the

943

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

944

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

945

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

946

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

947

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

948

Trustees of the Internal Improvement Trust Fund shall first

949

consider having a soil and water conservation district, created

950

pursuant to chapter 582, manage and monitor such interests.

951

(f) State agencies designated to manage lands acquired

952

under this chapter except those lands acquired under s. 259.1052

953

may contract with local governments and soil and water

954

conservation districts to assist in management activities,

955

including the responsibility of being the lead land manager. Such

956

land management contracts may include a provision for the

957

transfer of management funding to the local government or soil

958

and water conservation district from the Conservation and

959

Recreation Lands Trust Fund in an amount adequate for the local

960

government or soil and water conservation district to perform its

961

contractual land management responsibilities and proportionate to

962

its responsibilities, and which otherwise would have been

963

expended by the state agency to manage the property.

964

(g) Immediately following the acquisition of any interest

965

in lands under this chapter, the Department of Environmental

966

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

967

to the lead managing entity an interim assignment letter to be

968

effective until the execution of a formal lease.

969

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

970

private entities designated to manage lands under this section

971

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

972

trustees, an individual management plan for each project designed

973

to conserve and protect such lands and their associated natural

974

resources. Private sector involvement in management plan

975

development may be used to expedite the planning process.

976

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

977

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

978

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

979

a minimum, representatives of the lead land managing agency,

980

comanaging entities, local private property owners, the

981

appropriate soil and water conservation district, a local

982

conservation organization, and a local elected official. The

983

advisory group shall conduct at least one public hearing within

984

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

985

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

986

least one areawide public hearing shall be acceptable and the

987

lead managing agency shall invite a local elected official from

988

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

989

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

990

public hearing shall be posted on the parcel or project

991

designated for management, advertised in a paper of general

992

circulation, and announced at a scheduled meeting of the local

993

governing body before the actual public hearing. The management

994

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

995

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

996

public hearing.

997

998

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

999

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

1000

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

1001

advisory group. Such plans may include transfers of leasehold

1002

interests to appropriate conservation organizations or

1003

governmental entities designated by the Land Acquisition and

1004

Management Advisory Council or its successor, for uses consistent

1005

with the purposes of the organizations and the protection,

1006

preservation, conservation, restoration, and proper management of

1007

the lands and their resources. Volunteer management assistance is

1008

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

1009

participating in programs sponsored by state or local agencies,

1010

by volunteers sponsored by environmental or civic organizations,

1011

and by individuals participating in programs for committed

1012

delinquents and adults.

1013

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

1014

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

1015

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

1016

parcels identified in the priority list developed pursuant to ss.

1017

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

1018

Environmental Protection shall distribute only 75 percent of the

1019

acquisition funds to which a budget entity or water management

1020

district would otherwise be entitled from the Preservation 2000

1021

Trust Fund to any budget entity or any water management district

1022

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

1023

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

1024

individual management plan for the Babcock Crescent B Ranch being

1025

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

1026

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

1027

following the date of acquisition by the state.

1028

(e) Individual management plans shall conform to the

1029

appropriate policies and guidelines of the state land management

1030

plan and shall include, but not be limited to:

1031

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

1032

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

1033

the statutory authority for such use or uses.

1034

2. Key management activities necessary to achieve the

1035

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

1036

access, preserving and protecting natural resources, protecting

1037

cultural and historical resources, restoring habitat, protecting

1038

threatened and endangered species, controlling the spread of

1039

nonnative plants and animals, performing prescribed fire

1040

activities, and other appropriate resource management. to

1041

preserve and protect natural resources and restore habitat, and

1042

for controlling the spread of nonnative plants and animals, and

1043

for prescribed fire and other appropriate resource management

1044

activities.

1045

3. A specific description of how the managing agency plans

1046

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

1047

fragile, nonrenewable natural and cultural resources.

1048

4. A priority schedule for conducting management

1049

activities, based on the purposes for which the lands were

1050

acquired.

1051

5. A cost estimate for conducting priority management

1052

activities, to include recommendations for cost-effective methods

1053

of accomplishing those activities.

1054

6. A cost estimate for conducting other management

1055

activities which would enhance the natural resource value or

1056

public recreation value for which the lands were acquired. The

1057

cost estimate shall include recommendations for cost-effective

1058

methods of accomplishing those activities.

1059

7. A determination of the public uses and public access

1060

that would be consistent with the purposes for which the lands

1061

were acquired.

1062

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

1063

individual management plan for parcels which exceed 160 acres in

1064

size to each member of the Acquisition and Restoration Council

1065

Land Acquisition and Management Advisory Council or its

1066

successor, which shall:

1067

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

1068

review each plan for compliance with the requirements of this

1069

subsection and with the requirements of the rules established by

1070

the board pursuant to this subsection.

1071

2. Consider the propriety of the recommendations of the

1072

managing agency with regard to the future use or protection of

1073

the property.

1074

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

1075

recommendations and comments, to the board of trustees, with

1076

recommendations as to whether to approve the plan as submitted,

1077

approve the plan with modifications, or reject the plan.

1078

(g) The board of trustees shall consider the individual

1079

management plan submitted by each state agency and the

1080

recommendations of the Acquisition and Restoration Council Land

1081

Acquisition and Management Advisory Council, or its successor,

1082

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

1083

or without modification or reject such plan. The use or

1084

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

1085

not in accordance with an approved individual management plan is

1086

subject to termination by the board of trustees.

1087

1088

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

1089

entity designated to manage lands shall report to the Secretary

1090

of Environmental Protection on the progress of funding, staffing,

1091

and resource management of every project for which the agency or

1092

entity is responsible.

1093

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

1094

pursuant to this chapter serves the public interest by protecting

1095

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

1096

health and welfare, providing areas for natural resource based

1097

recreation, and ensuring the survival of unique and irreplaceable

1098

plant and animal species. The Legislature intends for these lands

1099

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

1100

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

1101

lands where it is consistent with acquisition purposes and would

1102

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

1103

public's behalf.

1104

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

1105

cumulative total of funds ever deposited into the Florida

1106

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

1107

shall be made available for the purposes of management,

1108

maintenance, and capital improvements not eligible for funding

1109

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

1110

associated contractual services, for lands acquired pursuant to

1111

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

1112

programs for the acquisition of lands for conservation and

1113

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

1114

the board of trustees and other conservation and recreation lands

1115

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

1116

transferred annually to the Plant Industry Trust Fund within the

1117

Department of Agriculture and Consumer Services for the purpose

1118

of implementing the Endangered or Threatened Native Flora

1119

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

1120

agency with management responsibilities shall annually request

1121

from the Legislature funds sufficient to fulfill such

1122

responsibilities to implement individual management plans. For

1123

the purposes of this paragraph, capital improvements shall

1124

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

1125

firelanes, access roads and trails, and minimal public

1126

accommodations, such as primitive campsites, garbage receptacles,

1127

and toilets. Any equipment purchased with funds provided pursuant

1128

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

1129

paragraph on any conservation and recreation lands managed by a

1130

state agency. The funding requirement created in this paragraph

1131

is subject to an annual evaluation by the Legislature in order to

1132

ensure that such requirement does not impact the respective trust

1133

fund in a manner that would prevent the trust fund from meeting

1134

other minimum requirements.

1135

1136

prepare and deliver a report on the methodology and formula for

1137

allocating land management funds to the Acquisition and

1138

Restoration Council. The Acquisition and Restoration Council

1139

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

1140

Board of Trustees of the Internal Improvement Trust Fund. The

1141

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

1142

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

1143

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

1144

provides an interim management formula and a long-term management

1145

formula, and the methodologies used to develop the formulas,

1146

which shall be used to allocate land management In requesting

1147

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

1148

management of all lands managed acquisitions pursuant to this

1149

chapter and for associated contractual services. The methodology

1150

and formula for interim management shall be based on the

1151

estimated land acquisitions for the fiscal year in which the

1152

interim funds will be expended. The methodology and formula for

1153

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

1154

following, the managing agencies shall recognize the following

1155

categories of land management needs:

1156

1. The assignment of management intensity associated with

1157

managed habitats and natural communities and the related

1158

management activities to achieve land management goals provided

1159

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

1160

a. The acres of land that require minimal effort for

1161

resource preservation or restoration.

1162

b. The acres of land that require moderate effort for

1163

resource preservation or restoration.

1164

c. The acres of land that require significant effort for

1165

resource preservation or restoration.

1166

2. The assignment of management intensity associated with

1167

public access, including, but not limited to:

1168

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

1169

no more than minimally developed facilities;

1170

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

1171

and offer highly developed facilities; and

1172

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

1173

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

1174

public use.

1175

3. The acres of land that have a secondary manager

1176

contributing to the over-all management effort.

1177

4. The anticipated revenues generated from management of

1178

the lands.

1179

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

1180

multiple-use management strategies.

1181

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

1182

invasive plants, animals, or fish.

1183

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

1184

resource management and protection, such as state reserves, state

1185

preserves, state forests, and wildlife management areas. These

1186

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

1187

minimum facilities development.

1188

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

1189

than basic resource management and protection, such as state

1190

parks and state recreation areas. These lands generally have

1191

extra restoration or protection needs, higher concentrations of

1192

public use, or more highly developed facilities.

1193

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

1194

requiring unique site-specific resource management and

1195

protection. These lands generally are sites with historic

1196

significance, unique natural features, or very high intensity

1197

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

1198

protect resources, such as lands with heavy infestations of

1199

nonnative, invasive plants.

1200

1201

In evaluating the management funding needs of lands based on the

1202

above categories, the lead land managing agencies shall include

1203

in their considerations the impacts of, and needs created or

1204

addressed by, multiple-use management strategies. The funding

1205

formulas for interim and long-term management proposed by the

1206

agencies shall be reviewed by the Legislature during the 2009

1207

regular legislative session. The Legislature may reject, modify,

1208

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

1209

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

1210

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

1211

(d) All revenues generated through multiple-use management

1212

or compatible secondary-use management shall be returned to the

1213

lead agency responsible for such management and shall be used to

1214

pay for management activities on all conservation, preservation,

1215

and recreation lands under the agency's jurisdiction. In

1216

addition, such revenues shall be segregated in an agency trust

1217

fund and shall remain available to the agency in subsequent

1218

fiscal years to support land management appropriations. For the

1219

purposes of this paragraph, compatible secondary-use management

1220

shall be those activities described in subsection (9) undertaken

1221

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

1222

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

1223

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

1224

management of acquisitions and for associated contractual

1225

services, to ensure the conservation and protection of natural

1226

resources on project sites and to allow limited public

1227

recreational use of lands. Interim management activities may

1228

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

1229

invasive, nonnative species, habitat restoration, fencing, law

1230

enforcement, controlled burning, and public access consistent

1231

with preliminary determinations made pursuant to paragraph

1232

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

1233

available immediately upon purchase.

1234

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

1235

for the control and removal of nonnative, invasive plant species

1236

on public lands. Such goals shall differentiate between aquatic

1237

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

1238

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

1239

impede or destroy the functioning of natural systems.

1240

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

1241

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

1242

receiving those funds for control and removal of nonnative,

1243

invasive species on public lands.

1244

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

1245

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

1246

deposited into the Florida Preservation 2000 Trust Fund and the

1247

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

1248

fiscal year for the construction of replacement museum

1249

facilities. This paragraph expires July 1, 2007.

1250

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

1251

available sufficient funds annually from the Conservation and

1252

Recreation Lands Trust Fund to the department for payment in lieu

1253

of taxes to qualifying counties and local governments as defined

1254

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

1255

of board of trustees acquisitions for state agencies under the

1256

Florida Forever program or the Florida Preservation 2000 program

1257

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

1258

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

1259

management in accordance with the provisions of this section.

1260

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

1261

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

1262

fewer. Population levels shall be determined pursuant to s.

1263

11.031.

1264

2. To all local governments located in eligible counties.

1265

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

1266

prison leased to the state has recently been opened and where

1267

privately owned and operated juvenile justice facilities leased

1268

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

1269

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

1270

tax revenue, which funds have already been appropriated and

1271

allocated from the Department of Correction's budget for the

1272

purpose of reimbursing amounts equal to lost ad valorem taxes.

1273

1274

full payments to all qualifying counties and local governments,

1275

such counties and local governments shall receive a pro rata

1276

share of the moneys available.

1277

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

1278

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

1279

acquisition. Applications for payment in lieu of taxes shall be

1280

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

1281

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

1282

were exempt from ad valorem taxation for the year immediately

1283

preceding acquisition.

1284

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

1285

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

1286

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

1287

made for such property based upon the average amount of taxes

1288

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

1289

from the tax rolls. The department shall certify to the

1290

Department of Revenue those properties that may be eligible under

1291

this provision. Once eligibility has been established, that

1292

county or local government shall receive 10 consecutive annual

1293

payments for each tax loss, and no further eligibility

1294

determination shall be made during that period.

1295

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

1296

shall be made annually to qualifying counties and local

1297

governments after certification by the Department of Revenue that

1298

the amounts applied for are reasonably appropriate, based on the

1299

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

1300

assistance of the local government requesting payment in lieu of

1301

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

1302

preparing and submitting application requests for payment to the

1303

Department of Revenue for certification.

1304

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

1305

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

1306

taxes on the land made to the local government shall be

1307

discontinued as of the date of the conveyance.

1308

1309

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

1310

municipalities, the county school board, mosquito control

1311

districts, and any other local government entity which levies ad

1312

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

1313

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

1314

used for management, maintenance, or capital improvements

1315

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

1316

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

1317

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

1318

this section.

1319

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

1320

define the categories of land for acquisition under this chapter.

1321

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

1322

the owner of a property on the Conservation and Recreation Lands

1323

list or the priority list established pursuant to s. 259.105

1324

objecting to the property being included in an acquisition

1325

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

1326

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

1327

acquisition work plan, the board of trustees shall delete the

1328

property from the list or from the boundary of an acquisition

1329

project on the list.

1330

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

1331

read:

1332

259.035 Acquisition and Restoration Council.--

1333

(1) There is created the Acquisition and Restoration

1334

Council.

1335

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

1336

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

1337

appointees, three shall be from scientific disciplines related to

1338

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

1339

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

1340

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

1341

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

1342

the appointees shall serve 2-year terms. All subsequent

1343

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

1344

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

1345

for the unexpired term of a member appointed under this

1346

paragraph.

1347

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

1348

Secretary of Environmental Protection, the director of the

1349

Division of Forestry of the Department of Agriculture and

1350

Consumer Services, the executive director of the Fish and

1351

Wildlife Conservation Commission, the director of the Division of

1352

Historical Resources of the Department of State, and the

1353

secretary of the Department of Community Affairs, or their

1354

respective designees.

1355

1356

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

1357

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

1358

of the chair.

1359

(e) The Department of Environmental Protection shall

1360

provide primary staff support to the council and shall ensure

1361

that council meetings are electronically recorded. Such recording

1362

shall be preserved pursuant to chapters 119 and 257.

1363

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

1364

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

1365

of this section.

1366

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

1367

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

1368

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

1369

including attendance at meetings, as allowed state officers and

1370

employees while in the performance of their duties, pursuant to

1371

s. 112.061.

1372

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

1373

trustees in reviewing the recommendations and plans for state-

1374

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

1375

shall, in reviewing such recommendations and plans, consider the

1376

optimization of multiple-use and conservation strategies to

1377

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

1378

and 259.105(3)(b).

1379

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

1380

board of trustees, until it develops and recommends amendments to

1381

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

1382

eligible for the Conservation and Recreation Lands list pursuant

1383

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

1384

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

1385

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

1386

Council shall develop rules defining specific criteria and

1387

numeric performance measures needed for lands that are to be

1388

acquired for public purpose under the Florida Forever program

1389

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

1390

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

1391

rules shall be reviewed and adopted by the board then submitted

1392

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

1393

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

1394

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

1395

implemented. Subsequent to their approval, each recipient of

1396

Florida Forever funds shall annually report to the Division of

1397

State Lands on each of the numeric performance measures

1398

accomplished during the previous fiscal year.

1399

1400

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

1401

of trustees shall review the recommendations and shall adopt

1402

rules necessary to administer this section.

1403

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

1404

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

1405

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

1406

Any member of the council who by family or a business

1407

relationship has a connection with all or a portion of any

1408

proposed project shall declare the interest before voting on its

1409

inclusion on a list.

1410

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

1411

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

1412

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

1413

consider and evaluate in writing the merits and demerits of each

1414

project that is proposed for Conservation and Recreation Lands,

1415

Florida Preservation 2000, or Florida Forever funding and shall

1416

ensure that each proposed project will meet a stated public

1417

purpose for the restoration, conservation, or preservation of

1418

environmentally sensitive lands and water areas or for providing

1419

outdoor recreational opportunities. The council also shall

1420

determine whether the project conforms, where applicable, with

1421

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

1422

comprehensive multipurpose outdoor recreation plan developed

1423

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

1424

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

1425

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

1426

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

1427

Section 10. Section 259.037, Florida Statutes, is amended

1428

to read:

1429

259.037 Land Management Uniform Accounting Council.--

1430

(1) The Land Management Uniform Accounting Council is

1431

created within the Department of Environmental Protection and

1432

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

1433

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

1434

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

1435

of the Office of Greenways and Trails of the Department of

1436

Environmental Protection; the director of the Division of

1437

Forestry of the Department of Agriculture and Consumer Services;

1438

the executive director of the Fish and Wildlife Conservation

1439

Commission; and the director of the Division of Historical

1440

Resources of the Department of State, or their respective

1441

designees. Each state agency represented on the council shall

1442

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

1443

the foregoing order of state agencies. The agency of the

1444

representative serving as chair of the council shall provide

1445

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

1446

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

1447

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

1448

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

1449

Program Policy Analysis and Government Accountability, or their

1450

designees, shall advise the council to ensure that appropriate

1451

accounting procedures are utilized and that a uniform method of

1452

collecting and reporting accurate costs of land management

1453

activities are created and can be used by all agencies.

1454

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

1455

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

1456

may not be assigned to more than one category. Administrative

1457

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

1458

other management activities. Specific management activities and

1459

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

1460

following categories:

1461

1.(a) Resource management.

1462

2.(b) Administration.

1463

3. Support.

1464

4. Capital improvements.

1465

5. Recreation visitor services.

1466

6. Law enforcement activities.

1467

1468

(d) Facility maintenance.

1469

1470

Upon adoption of the initial list of land management categories

1471

by the council, agencies assigned to manage conservation or

1472

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

1473

land management costs in accordance with the category to which an

1474

expenditure is assigned.

1475

(b) Each reporting agency shall also:

1476

1. Include a report of the available public use

1477

opportunities for each management unit of state land, the total

1478

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

1479

associated with each use option.

1480

2. List the acres of land requiring minimal management

1481

effort, moderate management effort, and significant management

1482

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

1483

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

1484

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

1485

of funds expended for land management.

1486

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

1487

preserve, forest, reserve, or management area.

1488

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

1489

for each state lands management unit for which secondary

1490

management activities were provided.

1491

(4) The council shall report agencies' expenditures

1492

pursuant to the adopted categories to the President of the Senate

1493

and the Speaker of the House of Representatives annually,

1494

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

1495

report to the Acquisition and Restoration Council and the

1496

division for inclusion in its annual report required pursuant to

1497

s. 259.036 s. 259.105.

1498

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

1499

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

1500

call of the chair.

1501

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

1502

operational report for each management area along with an

1503

approved management plan. The report should assess the progress

1504

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

1505

approved management plan, including all land management

1506

activities, and identify any deficiencies in management and

1507

corrective actions to address identified deficiencies as

1508

appropriate. This report shall be submitted to the Acquisition

1509

and Restoration Council and the division for inclusion in its

1510

annual report required pursuant to s. 259.036.

1511

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

1512

Florida Statutes, is amended to read:

1513

259.041 Acquisition of state-owned lands for preservation,

1514

conservation, and recreation purposes.--

1515

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

1516

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

1517

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

1518

unless and until the agreement has been reviewed and approved by

1519

the Department of Environmental Protection as complying with the

1520

requirements of this section and any rules adopted pursuant to

1521

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

1522

agreement shall be submitted to and approved by the board of

1523

trustees:

1524

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

1525

value as established pursuant to the rules of the board of

1526

trustees;

1527

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

1528

acquiring agency exceeds $1 million;

1529

1530

1531

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

1532

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

1533

projects where title to the property being acquired is considered

1534

nonmarketable or is encumbered in such a way as to significantly

1535

affect its management.

1536

1537

Where approval of the board of trustees is required pursuant to

1538

this subsection, the acquiring agency must provide a

1539

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

1540

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

1541

required for projects the department recommends acquiring

1542

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

1543

agreements for acquisitions for Florida Greenways and Trails

1544

Program properties pursuant to chapter 260 may be waived by the

1545

department in any contract with nonprofit corporations that have

1546

agreed to assist the department with this program. If the

1547

contribution of the acquiring agency exceeds $100 million in any

1548

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

1549

by the Legislative Budget Commission.

1550

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

1551

applicable, the Department of Environmental Protection, of any

1552

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

1553

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

1554

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

1555

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

1556

follows:

1557

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

1558

for determining the value of parcels sought to be acquired by

1559

state agencies pursuant to this section.

1560

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

1561

appraisal. Two appraisals are required when the estimated value

1562

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

1563

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

1564

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

1565

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

1566

Lands finds that the cost of obtaining an outside appraisal is

1567

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

1568

1569

the agency proposing the acquisition. The board of trustees shall

1570

approve qualified fee appraisal organizations. All appraisals

1571

used for the acquisition of lands pursuant to this section shall

1572

be prepared by a member of an approved appraisal organization or

1573

by a state-certified appraiser who meets the standards and

1574

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

1575

appraiser selected to appraise a particular parcel shall, prior

1576

to contracting with the agency or a participant in a multiparty

1577

agreement, submit to that agency or participant an affidavit

1578

substantiating that he or she has no vested or fiduciary interest

1579

in such parcel.

1580

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

1581

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

1582

negotiating with the property owner.

1583

(e) Generally, appraisal reports are confidential and

1584

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

1585

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

1586

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

1587

contract or agreement for purchase is considered for approval by

1588

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

1589

at its discretion, to disclose appraisal reports to private

1590

landowners during negotiations for acquisitions using

1591

alternatives to fee simple techniques, if the department

1592

determines that disclosure of such reports will bring the

1593

proposed acquisition to closure. The Division of State Lands may

1594

also disclose appraisal information to public agencies or

1595

nonprofit organizations that agree to maintain the

1596

confidentiality of the reports or information when joint

1597

acquisition of property is contemplated, or when a public agency

1598

or nonprofit organization enters into a written multiparty

1599

agreement with the division to purchase and hold property for

1600

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

1601

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

1602

nonprofit organization, provided the appraiser is selected from

1603

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

1604

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

1605

"nonprofit organization" means an organization whose purposes

1606

include the preservation of natural resources, and which is

1607

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

1608

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

1609

passage of time has rendered the conclusions of value in the

1610

report invalid or when the acquiring agency has terminated

1611

negotiations.

1612

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

1613

appraisals obtained by a public agency or nonprofit organization,

1614

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

1615

of appraisers and the appraisal is reviewed and approved by the

1616

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

1617

organization" means an organization whose purposes include the

1618

preservation of natural resources and which is exempt from

1619

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

1620

Code.

1621

1622

Notwithstanding the provisions of this subsection, on behalf of

1623

the board and before the appraisal of parcels approved for

1624

purchase under this chapter, the Secretary of Environmental

1625

Protection or the director of the Division of State Lands may

1626

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

1627

contract shall state that the final purchase price is subject to

1628

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

1629

the final purchase price may not exceed the maximum offer allowed

1630

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

1631

purchase price approval shall explicitly state that payment of

1632

the final purchase price is subject to an appropriation from the

1633

Legislature. The consideration for such an option may not exceed

1634

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

1635

value of the parcel, whichever amount is greater.

1636

Section 12. Section 259.105, Florida Statutes is amended to

1637

read:

1638

259.105 The Florida Forever Act.--

1639

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

1640

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

1641

1. Land acquisition programs have The Preservation 2000

1642

program provided tremendous financial resources for purchasing

1643

environmentally significant lands to protect those lands from

1644

imminent development or alteration, thereby ensuring assuring

1645

present and future generations' access to important waterways,

1646

open spaces, and recreation and conservation lands.

1647

2. The continued alteration and development of Florida's

1648

natural and rural areas to accommodate the state's rapidly

1649

growing population have contributed to the degradation of water

1650

resources, the fragmentation and destruction of wildlife

1651

habitats, the loss of outdoor recreation space, and the

1652

diminishment of wetlands, forests, working landscapes, and

1653

coastal open space and public beaches.

1654

3. The potential development of Florida's remaining natural

1655

areas and escalation of land values require a continuation of

1656

government efforts to restore, bring under public protection, or

1657

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

1658

ecological functions and invaluable quality of life.

1659

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

1660

promoting a more efficient use of land, to ensure opportunities

1661

for viable agricultural activities on working lands, and to

1662

promote vital rural and urban communities that support and

1663

produce development patterns consistent with natural resource

1664

protection.

1665

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

1666

under tremendous pressure due to population growth and economic

1667

expansion and require special protection and restoration efforts,

1668

including the protection of uplands and springsheds that provide

1669

vital recharge to aquifer systems and are critical to the

1670

protection of water quality and water quantity of the aquifers

1671

and springs. A variety of incentives should be developed for

1672

landowners to help maintain these lands, including options that

1673

encourage the cultivation of water and other ecosystem resource

1674

services. To ensure that sufficient quantities of water are

1675

available to meet the current and future needs of the natural

1676

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

1677

planning goals of the department and the water management

1678

districts, water resource development projects on public lands,

1679

where compatible with the resource values of and management

1680

objectives for the lands, are appropriate.

1681

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

1682

Florida for high-quality outdoor recreational opportunities,

1683

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

1684

previous acquisition programs. Through such programs as the

1685

Florida Communities Trust and the Florida Recreation Development

1686

Assistance Program, the state shall place additional emphasis on

1687

acquiring, protecting, preserving, and restoring open space,

1688

ecological greenways, and recreation properties within urban,

1689

suburban, and rural areas where pristine natural communities or

1690

water bodies no longer exist because of the proximity of

1691

developed property.

1692

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

1693

Florida Everglades, are facing ecological collapse due to

1694

Florida's burgeoning population growth and other economic

1695

activities. To preserve these valuable ecosystems for future

1696

generations, essential parcels of land must be acquired to

1697

facilitate ecosystem restoration.

1698

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

1699

outdoor recreational opportunities and the development of

1700

necessary infrastructure, where compatible with the resource

1701

values of and management objectives for such lands, promotes an

1702

appreciation for Florida's natural assets and improves the

1703

quality of life.

1704

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

1705

interest, or other techniques shall in any lesser interest,

1706

should be based on a comprehensive science-based assessment of

1707

Florida's natural resources which targets essential conservation

1708

lands by prioritizing all current and future acquisitions based

1709

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

1710

integrity and function of ecological systems and working

1711

landscapes, and provide multiple benefits, including preservation

1712

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

1713

well as rural areas, and the restoration of natural water

1714

storage, flow, and recharge.

1715

10.9. The state has embraced performance-based program

1716

budgeting as a tool to evaluate the achievements of publicly

1717

funded agencies, build in accountability, and reward those

1718

agencies which are able to consistently achieve quantifiable

1719

goals. While previous and existing state environmental programs

1720

have achieved varying degrees of success, few of these programs

1721

can be evaluated as to the extent of their achievements,

1722

primarily because performance measures, standards, outcomes, and

1723

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

1724

Forever program shall be developed and implemented in the context

1725

of measurable state goals and objectives.

1726

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

1727

focus and direction of the state's major land acquisition

1728

programs and to extend funding and bonding capabilities, so that

1729

future generations may enjoy the natural resources of Florida and

1730

the state:.

1731

a. Fulfills its role in the recovery and management of

1732

Florida's listed species;

1733

b. Provides ample public access to Florida waterways; and

1734

c. Enhances adequate water supply to meet the needs of

1735

natural systems as well as Florida residents.

1736

(b) The Legislature recognizes that acquisition of lands in

1737

fee simple is only one way to achieve the aforementioned goals

1738

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

1739

techniques, and the development of creative partnerships between

1740

governmental agencies and private landowners. Easements acquired

1741

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

1742

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

1743

environmentally sensitive tracts under an acceptable level of

1744

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

1745

provide private landowners with the opportunity to enjoy and

1746

benefit from their property.

1747

1748

under this section shall are encouraged to better coordinate

1749

their expenditures so that project acquisitions, when combined

1750

with acquisitions under Florida Forever, Preservation 2000, Save

1751

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

1752

acquisition programs, will form more complete patterns of

1753

protection for natural areas, ecological greenways, and

1754

functioning ecosystems, to better accomplish the intent of this

1755

section.

1756

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

1757

public lands must accompany any new land acquisition program to

1758

ensure that the natural resource values of such lands are

1759

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

1760

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

1761

benefits of its investment of public dollars. Innovative

1762

strategies such as public-private partnerships and interagency

1763

planning and sharing of resources shall be used to achieve the

1764

state's management goals.

1765

(e) With limited dollars available for restoration and

1766

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

1767

management and capital improvements, a competitive selection

1768

process shall can select those projects best able to meet the

1769

goals of Florida Forever and maximize the efficient use of the

1770

program's funding.

1771

(f) To ensure success and provide accountability to the

1772

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

1773

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

1774

to implement the goals and objectives recommended by a

1775

comprehensive science-based assessment and the Florida Forever

1776

Advisory Council as approved by the Board of Trustees of the

1777

Internal Improvement Trust Fund and the Legislature.

1778

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

1779

Legislature recognizes the desires of the citizens of this state

1780

to prosper through economic development and to preserve the

1781

natural areas and recreational open space of Florida. The

1782

Legislature further recognizes the urgency of restoring the

1783

natural functions of public lands or water bodies before they are

1784

degraded to a point where recovery may never occur, yet

1785

acknowledges the difficulty of ensuring adequate funding for

1786

restoration efforts in light of other equally critical financial

1787

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

1788

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

1789

fiscally responsible manner, by issuing bonds to be repaid with

1790

documentary stamp tax or other revenue sources.

1791

(h) The Legislature further recognizes the important role

1792

that many of our state and federal military installations

1793

contribute to protecting and preserving Florida's natural

1794

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

1795

land conservation plans overlap with the military's need to

1796

protect lands, waters, and habitat to ensure the sustainability

1797

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

1798

agencies receiving funds under this program cooperate with our

1799

military partners to protect and buffer military installations

1800

and military airspace, by:

1801

1. Protecting habitat on nonmilitary land for any species

1802

found on military land that is designated as threatened or

1803

endangered, or is a candidate for such designation under the

1804

Endangered Species Act or any Florida statute;

1805

2. Protecting areas underlying low-level military air

1806

corridors or operating areas; and

1807

3. Protecting areas identified as clear zones, accident

1808

potential zones, and air installation compatible use buffer zones

1809

delineated by our military partners; and.

1810

4. Providing the military with technical assistance to

1811

restore, enhance, and manage military land as habitat for

1812

imperiled species or species designated as threatened or

1813

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

1814

recovery or reestablishment of such species.

1815

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

1816

reserve accounts and other costs associated with bonds, the

1817

proceeds of cash payments or bonds issued pursuant to this

1818

section shall be deposited into the Florida Forever Trust Fund

1819

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

1820

Department of Environmental Protection in the following manner:

1821

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

1822

Environmental Protection for the acquisition of lands and capital

1823

project expenditures necessary to implement the water management

1824

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

1825

funds are to be distributed to the water management districts as

1826

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

1827

funds provided over the life of the Florida Forever program

1828

pursuant to this paragraph shall be used for the acquisition of

1829

lands.

1830

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

1831

Protection for the acquisition of lands and capital project

1832

expenditures described in this section. Of the proceeds

1833

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

1834

Legislature that an increased priority be given to those

1835

acquisitions which achieve a combination of conservation goals,

1836

including protecting Florida's water resources and natural

1837

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

1838

10 percent, of the funds allocated pursuant to this paragraph

1839

shall be spent on capital project expenditures identified during

1840

the time of acquisition which meet land management planning

1841

activities necessary for public access may not exceed 10 percent

1842

of the funds allocated pursuant to this paragraph.

1843

1844

Affairs for use by the Florida Communities Trust for the purposes

1845

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

1846

subsection, and grants to local governments or nonprofit

1847

environmental organizations that are tax-exempt under s.

1848

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

1849

acquisition of community-based projects, urban open spaces,

1850

parks, and greenways to implement local government comprehensive

1851

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

1852

acquisition, 75 percent shall be matched by local governments on

1853

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

1854

Florida Communities Trust emphasize funding projects in low-

1855

income or otherwise disadvantaged communities and projects that

1856

provide areas for direct water access and water-dependent

1857

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

1858

vessels to waters of the state, including boat ramps and

1859

associated parking and other support facilities. At least 30

1860

percent of the total allocation provided to the trust shall be

1861

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

1862

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

1863

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

1864

and functions to intersperse open spaces within congested urban

1865

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

1866

percent shall be used to acquire lands for recreational trail

1867

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

1868

for such projects, they will be available for other trust

1869

projects. Local governments may use federal grants or loans,

1870

private donations, or environmental mitigation funds, including

1871

environmental mitigation funds required pursuant to s. 338.250,

1872

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

1873

funded through the Florida Communities Trust. Any lands purchased

1874

by nonprofit organizations using funds allocated under this

1875

paragraph must provide for such lands to remain permanently in

1876

public use through a reversion of title to local or state

1877

government, conservation easement, or other appropriate

1878

mechanism. Projects funded with funds allocated to the Trust

1879

shall be selected in a competitive process measured against

1880

criteria adopted in rule by the Trust.

1881

(d) Two percent to the Department of Environmental

1882

Protection for grants pursuant to s. 375.075.

1883

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

1884

Environmental Protection for the purchase of inholdings and

1885

additions to state parks 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 pursuant to this

1888

paragraph shall be spent on capital project expenditures

1889

identified during the time of acquisition which meet land

1890

management planning activities necessary for public access may

1891

not exceed 10 percent of the funds allocated under this

1892

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

1893

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

1894

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

1895

may come under its jurisdiction.

1896

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

1897

of the Department of Agriculture and Consumer Services to fund

1898

the acquisition of state forest inholdings and additions pursuant

1899

to s. 589.07, the implementation of reforestation plans or

1900

sustainable forestry management practices, and for capital

1901

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

1902

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

1903

for the acquisition of inholdings and additions pursuant to this

1904

paragraph shall be spent on capital project expenditures

1905

identified during the time of acquisition which meet land

1906

management planning activities necessary for public access may

1907

not exceed 10 percent of the funds allocated under this

1908

paragraph.

1909

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

1910

Conservation Commission to fund the acquisition of inholdings and

1911

additions to lands managed by the commission which are important

1912

to the conservation of fish and wildlife and for capital project

1913

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

1914

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

1915

pursuant to this paragraph shall be spent on capital project

1916

expenditures identified during the time of acquisition which meet

1917

land management planning activities necessary for public access

1918

may not exceed 10 percent of the funds allocated under this

1919

paragraph.

1920

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

1921

Environmental Protection for the Florida Greenways and Trails

1922

Program, to acquire greenways and trails or greenways and trail

1923

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

1924

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

1925

Trail and for capital project expenditures as described in this

1926

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

1927

the funds allocated pursuant to this paragraph shall be spent on

1928

capital project expenditures identified during the time of

1929

acquisition which meet land management planning activities

1930

necessary for public access may not exceed 10 percent of the

1931

funds allocated under this paragraph.

1932

(i) Five percent to the Department of Agriculture and

1933

Consumer Services for the acquisition of agricultural lands,

1934

through perpetual conservation easements and other perpetual

1935

less-than-fee techniques, which will achieve the objectives of

1936

Florida Forever and s. 570.71. Rules concerning the application,

1937

acquisition, and priority ranking process for such easements

1938

shall be developed pursuant to s. 570.71(10) and as provided by

1939

this paragraph. The board shall ensure that such rules are

1940

consistent with the acquisition process provided for in s.

1941

259.041. Provisions of the rules developed pursuant to s.

1942

570.71(10), shall also provide for the following:

1943

1. An annual priority list shall be developed pursuant to

1944

s. 570.71(10), submitted to the Acquisition and Restoration

1945

Council for review, and approved by the board pursuant to s.

1946

259.04.

1947

2. Terms of easements and acquisitions proposed pursuant to

1948

this paragraph shall be approved by the board and shall not be

1949

delegated by the board to any other entity receiving funds under

1950

this section.

1951

3. All acquisitions pursuant to this paragraph shall

1952

contain a clear statement that they are subject to legislative

1953

appropriation.

1954

1955

No funds provided under this paragraph shall be expended until

1956

final adoption of rules by the board pursuant to s. 570.71.

1957

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

1958

payments or proceeds of Florida Forever bonds distributed under

1959

this section shall be expended in an efficient and fiscally

1960

responsible manner. An agency that receives proceeds from Florida

1961

Forever bonds under this section may not maintain a balance of

1962

unencumbered funds in its Florida Forever subaccount beyond 3

1963

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

1964

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

1965

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

1966

the Legislature at its next regular session for use in the

1967

Florida Forever program.

1968

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

1969

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

1970

develop their individual acquisition or restoration lists in

1971

accordance with specific criteria and numeric performance

1972

measures developed pursuant s. 259.035(4). Proposed additions may

1973

be acquired if they are identified within the original project

1974

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

1975

or the management prospectus required pursuant to s.

1976

259.032(9)(d). Proposed additions not meeting the requirements of

1977

this paragraph shall be submitted to the Acquisition and

1978

Restoration Council for approval. The council may only approve

1979

the proposed addition if it meets two or more of the following

1980

criteria: serves as a link or corridor to other publicly owned

1981

property; enhances the protection or management of the property;

1982

would add a desirable resource to the property; would create a

1983

more manageable boundary configuration; has a high resource value

1984

that otherwise would be unprotected; or can be acquired at less

1985

than fair market value.

1986

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

1987

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

1988

contribute to the achievement of the following goals, which shall

1989

be evaluated in accordance with specific criteria and numeric

1990

performance measures developed pursuant s. 259.035(4):

1991

(a) Enhance the coordination and completion of land

1992

acquisition projects, as measured by:

1993

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

1994

acquisition programs that contribute to the enhancement of

1995

essential natural resources, ecosystem service parcels, and

1996

connecting linkage corridors as identified and developed by the

1997

best available scientific analysis completion of Florida

1998

Preservation 2000 projects or projects begun before Preservation

1999

2000;

2000

2. The number of acres protected through the use of

2001

alternatives to fee simple acquisition; or

2002

3. The number of shared acquisition projects among Florida

2003

Forever funding partners and partners with other funding sources,

2004

including local governments and the Federal Government.

2005

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

2006

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

2007

by:

2008

1. The number of acres acquired of significant strategic

2009

habitat conservation areas;

2010

2. The number of acres acquired of highest priority

2011

conservation areas for Florida's rarest species;

2012

3. The number of acres acquired of significant landscapes,

2013

landscape linkages, and conservation corridors, giving priority

2014

to completing linkages;

2015

4. The number of acres acquired of underrepresented native

2016

ecosystems;

2017

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

2018

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

2019

or restorable natural communities established through new

2020

acquisition projects or augmentations to previous projects; or

2021

6. The percentage increase in the number of occurrences of

2022

endangered species, threatened species, or species of special

2023

concern on publicly managed conservation areas.

2024

2025

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

2026

measured by:

2027

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

2028

needing restoration, acres undergoing restoration, and acres with

2029

restoration activities completed;

2030

2. The percentage of water segments that fully meet,

2031

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

2032

in the Department of Environmental Protection's State Water

2033

Quality Assessment 305(b) Report;

2034

3. The percentage completion of targeted capital

2035

improvements in surface water improvement and management plans

2036

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

2037

management system plans, or other adopted restoration plans;

2038

4. The number of acres acquired that protect natural

2039

floodplain functions;

2040

5. The number of acres acquired that protect surface waters

2041

of the state;

2042

6. The number of acres identified for acquisition to

2043

minimize damage from flooding and the percentage of those acres

2044

acquired;

2045

7. The number of acres acquired that protect fragile

2046

coastal resources;

2047

8. The number of acres of functional wetland systems

2048

protected;

2049

9. The percentage of miles of critically eroding beaches

2050

contiguous with public lands that are restored or protected from

2051

further erosion;

2052

10. The percentage of public lakes and rivers in which

2053

invasive, nonnative aquatic plants are under maintenance control;

2054

2055

11. The number of acres of public conservation lands in

2056

which upland invasive, exotic plants are under maintenance

2057

control; or.

2058

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

2059

habitat for listed species and advance the goals and objectives

2060

of the Florida Fish and Wildlife Conservation Commission's

2061

approved species or habitat recovery plans.

2062

(d) Ensure that sufficient quantities of water are

2063

available to meet the current and future needs of natural systems

2064

and the citizens of the state, as measured by:

2065

1. The number of acres acquired which provide retention and

2066

storage of surface water in naturally occurring storage areas,

2067

such as lakes and wetlands, consistent with the maintenance of

2068

water resources or water supplies and consistent with district

2069

water supply plans;

2070

2. The quantity of water made available through the water

2071

resource development component of a district water supply plan

2072

for which a water management district is responsible; or

2073

3. The number of acres acquired of groundwater recharge

2074

areas critical to springs, sinks, aquifers, other natural

2075

systems, or water supply.

2076

(e) Increase natural resource-based public recreational and

2077

educational opportunities, as measured by:

2078

1. The number of acres acquired that are available for

2079

natural resource-based public recreation or education;

2080

2. The miles of trails that are available for public

2081

recreation, giving priority to those that provide significant

2082

connections including those that will assist in completing the

2083

Florida National Scenic Trail; or

2084

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

2085

by type, made available on public land.

2086

(f) Preserve significant archaeological or historic sites,

2087

as measured by:

2088

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

2089

and archaeological properties listed in the Florida Master Site

2090

File or National Register of Historic Places which are protected

2091

or preserved for public use; or

2092

2. The increase in the number and percentage of historic

2093

and archaeological properties that are in state ownership.

2094

(g) Increase the amount of forestland available for

2095

sustainable management of natural resources, as measured by:

2096

1. The number of acres acquired that are available for

2097

sustainable forest management;

2098

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

2099

for economic return in accordance with current best management

2100

practices;

2101

3. The number of acres of forestland acquired that will

2102

serve to maintain natural groundwater recharge functions; or

2103

4. The percentage and number of acres identified for

2104

restoration actually restored by reforestation.

2105

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

2106

areas, as measured by:

2107

1. The percentage of local governments that participate in

2108

land acquisition programs and acquire open space in urban cores;

2109

2110

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

2111

space within urban service areas.

2112

2113

Florida Forever projects and acquisitions funded pursuant to

2114

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

2115

the Florida Communities Trust Governing Board created in s.

2116

380.504.

2117

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

2118

managed for multiple-use purposes, where compatible with the

2119

resource values of and management objectives for such lands. As

2120

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

2121

to, outdoor recreational activities as described in ss. 253.034

2122

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

2123

sustainable forestry management, carbon sequestration, carbon

2124

mitigation, or carbon offsets.

2125

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

2126

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

2127

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

2128

2129

the Internal Improvement Trust Fund shall adopt rules that

2130

pertain to the use of state lands for carbon sequestration,

2131

carbon mitigation, or carbon offsets and that provide for

2132

climate-change-related benefits.

2133

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

2134

supply development project may be allowed only if the following

2135

conditions are met: minimum flows and levels have been

2136

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

2137

expected to experience significant harm to water resources as a

2138

result of the project; the project complies with all applicable

2139

permitting requirements; and the project is consistent with the

2140

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

2141

district and with relevant recovery or prevention strategies if

2142

required pursuant to s. 373.0421(2).

2143

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

2144

thereafter, the Acquisition and Restoration Council shall accept

2145

applications from state agencies, local governments, nonprofit

2146

and for-profit organizations, private land trusts, and

2147

individuals for project proposals eligible for funding pursuant

2148

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

2149

received pursuant to this subsection to ensure that they meet at

2150

least one of the criteria under subsection (9).

2151

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

2152

following:

2153

1. A minimum of two numeric performance measures that

2154

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

2155

performance measure shall include a baseline measurement, which

2156

is the current situation; a performance standard which the

2157

project sponsor anticipates the project will achieve; and the

2158

performance measurement itself, which should reflect the

2159

incremental improvements the project accomplishes towards

2160

achieving the performance standard.

2161

2. Proof that property owners within any proposed

2162

acquisition have been notified of their inclusion in the proposed

2163

project. Any property owner may request the removal of such

2164

property from further consideration by submitting a request to

2165

the project sponsor or the Acquisition and Restoration Council by

2166

certified mail. Upon receiving this request, the council shall

2167

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

2168

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

2169

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

2170

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

2171

members that such property is critical to achieve the purposes of

2172

the project.

2173

2174

vest in the Board of Trustees of the Internal Improvement Trust

2175

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

2176

district shall vest in the name of that district and lands

2177

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

2178

purchasing local government. All deeds or leases with respect to

2179

any real property acquired using funds received by a water

2180

management district pursuant to this section shall contain a

2181

reversion, conveyance, or termination clause that will vest title

2182

in the Board of Trustees of the Internal Improvement Trust Fund

2183

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

2184

(8) The Acquisition and Restoration Council shall develop a

2185

project list that shall represent those projects submitted

2186

pursuant to subsection (7).

2187

(9) The Acquisition and Restoration Council shall recommend

2188

rules for adoption by the board of trustees to competitively

2189

evaluate, select, and rank projects eligible for Florida Forever

2190

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

2191

Conservation and Recreation Lands list pursuant to ss. 259.032

2192

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

2193

Acquisition and Restoration Council shall give weight to the

2194

following criteria:

2195

(a) The project meets multiple goals described in

2196

subsection (4).

2197

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

2198

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

2199

2200

properties already under public ownership.

2201

(d) The project has significant archaeological or historic

2202

value.

2203

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

2204

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

2205

(f) The project contributes to the solution of water

2206

resource problems on a regional basis.

2207

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

2208

in imminent danger of development, in imminent danger of losing

2209

its significant natural attributes or recreational open space, or

2210

in imminent danger of subdivision which would result in multiple

2211

ownership and make acquisition of the project costly or less

2212

likely to be accomplished.

2213

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

2214

by an ecosystem management team.

2215

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

2216

restoration effort.

2217

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

2218

value.

2219

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

2220

tax incentives, mitigation funds, or other revenues and

2221

alternatives to fee simple, including but not limited to,

2222

purchase of development rights, hunting rights, agricultural or

2223

silvicultural rights, or mineral rights or obtaining conservation

2224

easements or flowage easements.

2225

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

2226

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

2227

public-private partnership.

2228

(10) The Acquisition and Restoration Council shall give

2229

increased priority to those projects for which matching funds are

2230

available and to project elements previously identified on an

2231

acquisition list pursuant to this section that can be acquired at

2232

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

2233

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

2234

conservation plans overlap with the military's need to protect

2235

lands, water, and habitat to ensure the sustainability of

2236

military missions including:

2237

(a) Protecting habitat on nonmilitary land for any species

2238

found on military land that is designated as threatened or

2239

endangered, or is a candidate for such designation under the

2240

Endangered Species Act or any Florida statute;

2241

(b) Protecting areas underlying low-level military air

2242

corridors or operating areas; and

2243

2244

potential zones, and air installation compatible use buffer zones

2245

delineated by our military partners, and for which federal or

2246

other funding is available to assist with the project.

2247

(11) For the purposes of funding projects pursuant to

2248

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

2249

ensure that each water management district receives the following

2250

percentage of funds annually:

2251

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

2252

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

2253

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

2254

Department of Environmental Protection into the Save Our

2255

Everglades Trust Fund and shall be used exclusively to implement

2256

the comprehensive plan under s. 373.470.

2257

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

2258

Management District.

2259

2260

Management District.

2261

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

2262

Management District.

2263

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

2264

Water Management District.

2265

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

2266

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

2267

that these funds not be used to abrogate the financial

2268

responsibility of those point and nonpoint sources that have

2269

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

2270

an increased priority shall be given by the water management

2271

district governing boards to those projects that have secured a

2272

cost-sharing agreement allocating responsibility for the cleanup

2273

of point and nonpoint sources.

2274

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

2275

and Restoration Council shall be required in order to place a

2276

proposed project on the list developed pursuant to subsection

2277

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

2278

relationship has a connection with any project proposed to be

2279

ranked shall declare such interest prior to voting for a

2280

project's inclusion on the list.

2281

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

2282

issued pursuant to this section, the Acquisition and Restoration

2283

Council shall review the most current approved project list and

2284

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

2285

Trustees of the Internal Improvement Trust Fund for approval a

2286

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

2287

board of trustees may remove projects from the list developed

2288

pursuant to this subsection, but may not add projects or

2289

rearrange project rankings.

2290

(15) The Acquisition and Restoration Council shall submit

2291

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

2292

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

2293

information for each project listed:

2294

(a) The stated purpose for inclusion.

2295

(b) Projected costs to achieve the project goals.

2296

2297

associated with immediate public access.

2298

(d) Specific performance measures.

2299

(e) Plans for public access.

2300

(f) An identification of the essential parcel or parcels

2301

within the project without which the project cannot be properly

2302

managed.

2303

(g) Where applicable, an identification of those projects

2304

or parcels within projects which should be acquired in fee simple

2305

or in less than fee simple.

2306

(h) An identification of those lands being purchased for

2307

conservation purposes.

2308

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

2309

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

2310

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

2311

values.

2312

(k) A map delineating project boundaries.

2313

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

2314

outdoor recreational value, forest resources, wildlife resources,

2315

ownership pattern, utilization, and location.

2316

(m) A discussion of whether alternative uses are proposed

2317

for the property and what those uses are.

2318

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

2319

(16) All proposals for projects pursuant to paragraph

2320

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

2321

the Acquisition and Restoration Council and approved by the board

2322

of trustees. The council shall consider and evaluate in writing

2323

the merits and demerits of each project that is proposed for

2324

Florida Forever funding and each proposed addition to the

2325

Conservation and Recreation Lands list program. The council shall

2326

ensure that each proposed project will meet a stated public

2327

purpose for the restoration, conservation, or preservation of

2328

environmentally sensitive lands and water areas or for providing

2329

outdoor recreational opportunities and that each proposed

2330

addition to the Conservation and Recreation Lands list will meet

2331

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

2332

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

2333

or addition conforms, where applicable, with the comprehensive

2334

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

2335

multipurpose outdoor recreation plan developed pursuant to s.

2336

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

2337

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

2338

s. 373.199, and the provisions of this section.

2339

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

2340

prepare an annual work plan that prioritizes projects on the

2341

Florida Forever list and sets forth the funding available in the

2342

fiscal year for land acquisition. The work plan shall consider

2343

the following categories of expenditure for land conservation

2344

projects already selected for the Florida Forever list pursuant

2345

to subsection (8):

2346

(a) A critical natural lands category, including functional

2347

landscape-scale natural systems, intact large hydrological

2348

systems, lands that have significant imperiled natural

2349

communities, and corridors linking large landscapes, as

2350

identified and developed by the best available scientific

2351

analysis.

2352

(b) A partnerships or regional incentive category,

2353

including:

2354

1. Projects where local and regional cost-share agreements

2355

provide a lower cost and greater conservation benefit to the

2356

people of the state. Additional consideration shall be provided

2357

under this category where parcels are identified as part of a

2358

local or regional visioning process and are supported by

2359

scientific analysis; and

2360

2. Bargain and shared projects where the state will receive

2361

a significant reduction in price for public ownership of land as

2362

a result of the removal of development rights or other interests

2363

in lands or receives alternative or matching funds.

2364

2365

mainly inholdings, additions, and linkages between preserved

2366

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

2367

complete.

2368

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

2369

acquisition or other conservation measures will address the

2370

challenges of global climate change, such as through protection,

2371

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

2372

water, and coastal resources. This category includes lands that

2373

provide opportunities to sequester carbon, provide habitat,

2374

protect coastal lands or barrier islands, and otherwise mitigate

2375

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

2376

objectives of the program.

2377

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

2378

that significantly contribute to resource protection through

2379

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

2380

incentives, life estates, landowner agreements, and other

2381

partnerships, including conservation easements acquired in

2382

partnership with federal conservation programs, which will

2383

achieve the objectives of Florida Forever while allowing the

2384

continuation of compatible agricultural uses on the land. Terms

2385

of easements proposed for acquisition under this category shall

2386

be developed by the Division of State Lands in coordination with

2387

the Department of Agriculture and Consumer Services.

2388

2389

Projects within each category shall be ranked by order of

2390

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

2391

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

2392

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

2393

Internal Improvement Trust Fund no later than October 1 of each

2394

year.

2395

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

2396

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

2397

district lands, the owning water management district, may

2398

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

2399

use of certain lands acquired pursuant to this section, for

2400

certain uses that are determined by the appropriate board to be

2401

compatible with the resource values of and management objectives

2402

for such lands.

2403

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

2404

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

2405

acquired pursuant to this section shall be presumed to be

2406

compatible with the purposes for which such lands were acquired.

2407

2408

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

2409

Department of Environmental Protection or other appropriate state

2410

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

2411

adversely affect the exclusion of the interest on any revenue

2412

bonds issued to fund the acquisition of the affected lands from

2413

gross income for federal income tax purposes, pursuant to

2414

Internal Revenue Service regulations.

2415

(19)(18) The Acquisition and Restoration Council shall

2416

recommend adoption of rules by the board of trustees necessary to

2417

implement the provisions of this section relating to:

2418

solicitation, scoring, selecting, and ranking of Florida Forever

2419

project proposals; disposing of or leasing lands or water areas

2420

selected for funding through the Florida Forever program; and the

2421

process of reviewing and recommending for approval or rejection

2422

the land management plans associated with publicly owned

2423

properties. Rules promulgated pursuant to this subsection shall

2424

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

2425

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

2426

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

2427

shall become effective only after legislative review. In its

2428

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

2429

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

2430

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

2431

taken by the Legislature, such rules shall become effective.

2432

(20)(19) Lands listed as projects for acquisition under the

2433

Florida Forever program may be managed for conservation pursuant

2434

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

2435

anticipation of a state purchase in accordance with a contractual

2436

arrangement between the acquiring agency and the private party

2437

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

2438

arrangements, or resource conservation agreements. Lands

2439

designated as eligible under this subsection shall be managed to

2440

maintain or enhance the resources the state is seeking to protect

2441

by acquiring the land and to accelerate public access to the

2442

lands as soon as practicable. Funding for these contractual

2443

arrangements may originate from the documentary stamp tax revenue

2444

deposited into the Conservation and Recreation Lands Trust Fund

2445

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

2446

funds allocated under the trust funds shall be expended for this

2447

purpose.

2448

(20) The Acquisition and Restoration Council, as successors

2449

to the Land Acquisition and Management Advisory Council, may

2450

amend existing Conservation and Recreation Lands projects and add

2451

to or delete from the 2000 Conservation and Recreation Lands list

2452

until funding for the Conservation and Recreation Lands program

2453

has been expended. The amendments to the 2000 Conservation and

2454

Recreation Lands list will be reported to the board of trustees

2455

in conjunction with the council's report developed pursuant to

2456

subsection (15).

2457

Section 13. Subsection (1) of section 259.1051, Florida

2458

Statutes, is amended to read:

2459

259.1051 Florida Forever Trust Fund.--

2460

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

2461

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

2462

375.031. The Florida Forever Trust Fund shall be held and

2463

administered by the Department of Environmental Protection.

2464

Proceeds from the sale of bonds, except proceeds of refunding

2465

bonds, issued under s. 215.618 and payable from moneys

2466

transferred to the Land Acquisition Trust Fund under s.

2467

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

2468

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

2469

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

2470

the Division of Bond Finance of the State Board of Administration

2471

may provide for additional provisions that govern the

2472

disbursement of the bond proceeds.

2473

Section 14. Subsection (7) is added to section 373.089,

2474

Florida Statutes, to read:

2475

373.089 Sale or exchange of lands, or interests or rights

2476

in lands.--The governing board of the district may sell lands, or

2477

interests or rights in lands, to which the district has acquired

2478

title or to which it may hereafter acquire title in the following

2479

manner:

2480

(7) Notwithstanding other provisions of this section, the

2481

governing board shall first offer title to lands acquired in

2482

whole or in part with Florida Forever funds which are determined

2483

to be no longer needed for conservation purposes to the Board of

2484

Trustees of the Internal Improvement Trust Fund unless the

2485

disposition of those lands are for the following purposes:

2486

(a) Linear facilities, including electric transmission and

2487

distribution facilities, telecommunication transmission and

2488

distribution facilities, pipeline transmission and distribution

2489

facilities, public transportation corridors, and related

2490

appurtenances.

2491

(b) The disposition of the fee interest in the land where a

2492

conservation easement is retained by the district to fulfill the

2493

conservation objectives for which the land was acquired.

2494

2495

exceed the conservation objectives for which the original land

2496

was acquired in accordance with subsection (4).

2497

(d) To be used by a governmental entity for a public

2498

purpose.

2499

2500

In the event the Board of Trustees of the Internal Improvement

2501

Trust Fund declines to accept title to the lands offered under

2502

this section, the land may be disposed of by the district under

2503

the provisions of this section.

2504

Section 15. Subsection (1) of section 373.1391, Florida

2505

Statutes, is amended to read:

2506

373.1391 Management of real property.--

2507

(1)(a) Lands titled to the governing boards of the

2508

districts shall be managed and maintained, to the extent

2509

practicable, in such a way as to ensure a balance between public

2510

access, general public recreational purposes, and restoration and

2511

protection of their natural state and condition. Except when

2512

prohibited by a covenant or condition described in s. 373.056(2),

2513

lands owned, managed, and controlled by the district may be used

2514

for multiple purposes, including, but not limited to,

2515

agriculture, silviculture, and water supply, as well as boating

2516

and other recreational uses.

2517

(b) Whenever practicable, such lands shall be open to the

2518

general public for recreational uses. General public recreational

2519

purposes shall include, but not be limited to, fishing, hunting,

2520

horseback riding, swimming, camping, hiking, canoeing, boating,

2521

diving, birding, sailing, jogging, and other related outdoor

2522

activities to the maximum extent possible considering the

2523

environmental sensitivity and suitability of those lands. These

2524

public lands shall be evaluated for their resource value for the

2525

purpose of establishing which parcels, in whole or in part,

2526

annually or seasonally, would be conducive to general public

2527

recreational purposes. Such findings shall be included in

2528

management plans which are developed for such public lands. These

2529

lands shall be made available to the public for these purposes,

2530

unless the district governing board can demonstrate that such

2531

activities would be incompatible with the purposes for which

2532

these lands were acquired. The department in its supervisory

2533

capacity shall ensure that the districts provide consistent

2534

levels of public access to district lands, consistent with the

2535

purposes for which the lands were acquired.

2536

2537

dispute arises that has not been resolved by a water management

2538

district's final agency action, that dispute must be resolved

2539

under chapter 120.

2540

(d) For any fee simple acquisition of a parcel which is or

2541

will be leased back for agricultural purposes, or for any

2542

acquisition of a less-than-fee interest in lands that is or will

2543

be used for agricultural purposes, the district governing board

2544

shall first consider having a soil and water conservation

2545

district created pursuant to chapter 582 manage and monitor such

2546

interest.

2547

Section 16. Subsection (4) of section 373.199, Florida

2548

Statutes, is amended to read:

2549

373.199 Florida Forever Water Management District Work

2550

Plan.--

2551

(4) The list submitted by the districts shall include,

2552

where applicable, the following information for each project:

2553

(a) A description of the water body system, its historical

2554

and current uses, and its hydrology; a history of the conditions

2555

which have led to the need for restoration or protection; and a

2556

synopsis of restoration efforts that have occurred to date, if

2557

applicable.

2558

(b) An identification of all governmental units that have

2559

jurisdiction over the water body and its drainage basin within

2560

the approved surface water improvement and management plan area,

2561

including local, regional, state, and federal units.

2562

2563

drainage basin, and of important tributaries, point and nonpoint

2564

sources of pollution, and permitted discharge activities

2565

associated with that basin.

2566

(d) A description of strategies and potential strategies,

2567

including improved stormwater management, for restoring or

2568

protecting the water body to Class III or better surface water

2569

quality status.

2570

(e) A listing and synopsis of studies that are being or

2571

have been prepared for the water body, stormwater management

2572

project, or water resource development project.

2573

(f) A description of the measures needed to manage and

2574

maintain the water body once it has been restored and to prevent

2575

future degradation, to manage and maintain the stormwater

2576

management system, or to manage and maintain the water resource

2577

development project.

2578

(g) A schedule for restoration and protection of the water

2579

body, implementation of the stormwater management project, or

2580

development of the water resource development project.

2581

(h) A clear and concise An estimate of the funding needed

2582

to carry out the restoration, protection, or improvement project,

2583

or the development of new water resources, where applicable, and

2584

a clear and concise identification of the projected sources and

2585

uses of Florida Forever funds of the funding.

2586

(i) Numeric performance measures for each project. Each

2587

performance measure shall include a baseline measurement, which

2588

is the current situation; a performance standard, which water

2589

management district staff anticipates the project will achieve;

2590

and the performance measurement itself, which should reflect the

2591

incremental improvements the project accomplishes towards

2592

achieving the performance standard. These measures shall reflect

2593

the relevant goals detailed in s. 259.105(4).

2594

(j) A discussion of permitting and other regulatory issues

2595

related to the project.

2596

(k) An identification of the proposed public access for

2597

projects with land acquisition components, including the Florida

2598

National Scenic Trail.

2599

(l) An identification of those lands which require a full

2600

fee simple interest to achieve water management goals and those

2601

lands which can be acquired using alternatives to fee simple

2602

acquisition techniques and still achieve such goals. In their

2603

evaluation of which lands would be appropriate for acquisition

2604

through alternatives to fee simple, district staff shall consider

2605

criteria including, but not limited to, acquisition costs, the

2606

net present value of future land management costs, the net

2607

present value of ad valorem revenue loss to the local government,

2608

and potential for revenue generated from activities compatible

2609

with acquisition objectives.

2610

(m) An identification of lands needed to protect or

2611

recharge groundwater and a plan for their acquisition as

2612

necessary to protect potable water supplies. Lands which serve to

2613

protect or recharge groundwater identified pursuant to this

2614

paragraph shall also serve to protect other valuable natural

2615

resources or provide space for natural resource based recreation.

2616

Section 17. All of the statutory powers, duties, functions,

2617

records, personnel, property, and unexpended balances of

2618

appropriations, allocations, or other funds for the

2619

administration of ss. 380.501-380.515, Florida Statutes, related

2620

to the Florida Communities Trust, is transferred by a type two

2621

transfer, as defined in s. 20.06(2), Florida Statutes, from the

2622

Department of Community Affairs to the Department of

2623

Environmental Protection.

2624

Section 18. The Division of Statutory Revision of the

2625

Office of Legislative Services is requested to prepare a

2626

reviser's bill to conform chapter 380, Florida Statutes, to the

2627

organizational changes made by this act.

2628

Section 19. This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.