CS for CS for SB 542 First Engrossed

2008542e1

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 goals; 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. 253.0341, F.S.; providing

specific uses for state-surplused lands; 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. 342.201,

F.S.; providing that the Department of Community

Affairs adopt criteria by rule; creating s. 342.2015,

F.S.; establishing a funding mechanism for the

Waterfronts Florida Program through Florida Forever;

providing eligible projects meet certain conditions;

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

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plan requirements; providing an effective date.

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102

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

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

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201.15, Florida Statutes, is amended to read:

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201.15 Distribution of taxes collected.--All taxes

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collected under this chapter shall be distributed as follows and

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

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except that such service charge shall not be levied against any

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

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

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amounts relating to the bonds:

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

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remaining taxes collected under this chapter shall be used for

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the following purposes:

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

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

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other amounts payable with respect to Preservation 2000 bonds

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issued pursuant to s. 375.051 and Florida Forever bonds issued

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

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

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purposes. The amount transferred to the Land Acquisition Trust

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

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thereafter for Preservation 2000 bonds and bonds issued to refund

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

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2001 and thereafter for Florida Forever bonds. The annual amount

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transferred to the Land Acquisition Trust Fund for Florida

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

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

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transferred shall be increased by an additional $30 million in

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

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

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of the Legislature that all bonds issued to fund the Florida

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

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bonds issued to refund previously issued bonds, no series of

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bonds may be issued pursuant to this paragraph unless such bonds

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

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year in which the bonds are issued is specifically appropriated

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in the General Appropriations Act. For purposes of refunding

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Preservation 2000 bonds, amounts designated within this section

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for Preservation 2000 and Florida Forever bonds may be

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transferred between the two programs to the extent provided for

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in the documents authorizing the issuance of the bonds. The

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Preservation 2000 bonds and Florida Forever bonds shall be

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equally and ratably secured by moneys distributable to the Land

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Acquisition Trust Fund pursuant to this section, except to the

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extent specifically provided otherwise by the documents

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authorizing the issuance of the bonds. No moneys transferred to

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the Land Acquisition Trust Fund pursuant to this paragraph, or

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

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service on the Save Our Coast revenue bonds.

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

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Statutes, is amended to read:

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215.618 Bonds for acquisition and improvement of land,

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

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

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

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and improvement of land, water areas, and related property

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

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purposes of restoration, conservation, recreation, water resource

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development, or historical preservation, and for capital

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improvements to lands and water areas that accomplish

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environmental restoration, enhance public access and recreational

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enjoyment, promote long-term management goals, and facilitate

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water resource development is hereby authorized, subject to the

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

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the State Constitution. Florida Forever bonds may also be issued

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

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

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

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series of Florida Forever bonds issued may not exceed 20 annual

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maturities. Preservation 2000 bonds and Florida Forever bonds

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shall be equally and ratably secured by moneys distributable to

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

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except to the extent specifically provided otherwise by the

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documents authorizing the issuance of the bonds.

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

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

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the authorization of any bonds for land acquisition.

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analysis of potential revenue sources for the Florida Forever

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program.

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

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Statutes, is amended to read:

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253.025 Acquisition of state lands for purposes other than

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preservation, conservation, and recreation.--

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

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

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

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as follows:

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

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appraisal. Two appraisals are required when the estimated value

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

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

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

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justified, a comparable sales analysis or other reasonably

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prudent procedures may be used by the division to estimate the

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

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

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lands and appurtenances that are being donated to the state.

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

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the acquisition. The board of trustees shall approve qualified

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fee appraisal organizations. All appraisals used for the

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acquisition of lands pursuant to this section shall be prepared

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

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certified appraiser. The board of trustees Division of State

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Lands shall adopt rules for selecting individuals to perform

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appraisals pursuant to this section. Each fee appraiser selected

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to appraise a particular parcel shall, prior to contracting with

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the agency, submit to that agency an affidavit substantiating

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

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parcel.

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

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

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practicable, generally accepted appraisal standards. Any

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appraisal issued for acquisition of lands pursuant to this

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section must comply with the rules adopted by the board of

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

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requirements for upland parcels established in the Minimum

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Technical Standards for Land Surveying in Florida published by

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the Department of Business and Professional Regulation and which

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accurately portrays, to the greatest extent practicable, the

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condition of the parcel as it currently exists. The requirement

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

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board of trustees any time prior to submitting the agreement for

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purchase to the Division of State Lands. When an existing

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boundary map and description of a parcel are determined by the

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division to be sufficient for appraisal purposes, the division

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director may temporarily waive the requirement for a survey until

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

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appraiser and the review appraiser for the agency shall not act

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

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owner.

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(d) Appraisal reports are confidential and exempt from the

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

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

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

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agreement for purchase is considered for approval by the board of

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trustees. However, the Division of State Lands may disclose

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appraisal information to public agencies or nonprofit

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organizations that agree to maintain the confidentiality of the

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reports or information when joint acquisition of property is

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contemplated, or when a public agency or nonprofit organization

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enters into a written agreement with the division to purchase and

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

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

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agency or nonprofit organization, provided the appraiser is

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

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

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this paragraph, "nonprofit organization" means an organization

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whose purpose is the preservation of natural resources, and which

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

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Internal Revenue Code. The agency may release an appraisal report

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

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the report invalid.

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

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

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division shall review such report for compliance with the rules

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

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

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inspection of the subject property by the review appraiser. The

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review appraiser may reject an appraisal report following a desk

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review, but is prohibited from approving an appraisal report in

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

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applicability of laws affecting an appraisal shall be addressed

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by the legal office of the agency.

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

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

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history shall include all parties and considerations with the

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

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

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

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of trustees Secretary of Environmental Protection or the director

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

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shall adopt a rule specifying guidelines for waiver of a sales

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history.

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(g) The board of trustees may consider an appraisal

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

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

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an appraisal required by this subsection or to determine the

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maximum offer allowed by law.

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Section 4. Section 253.0325, Florida Statutes, is amended

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to read:

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253.0325 Modernization of state lands records.--

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(1) The Department of Environmental Protection shall

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initiate an ongoing computerized information systems program to

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modernize its state lands records and documents that relate to

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all lands that have been acquired by all agencies under the

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Florida Preservation 2000 Act pursuant to s. 259.101 or the

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

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Florida Forever funds shall annually submit its records for lands

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acquired for compilation of state lands records by the department

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

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

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(a) A document management component to automate the storage

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and retrieval of information contained in state lands records.

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(b) A land records management component to organize the

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records by key elements present in the data.

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of resource and environmental data.

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

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state-owned parcels using data from the land records management

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and evaluation components.

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

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department shall seek to ensure information systems compatibility

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

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governmental agencies. The department also shall seek to promote

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standardization in the collection of information regarding state-

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

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

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department's modernization of state lands records shall not be

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considered a final or complete accounting of lands which the

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state owns or to which the state may claim ownership.

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

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

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

318

section, to read:

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253.034 State-owned lands; uses.--

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

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following meanings:

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

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

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

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associated support facilities, where compatible with conservation

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and recreation objectives.

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

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any other conveyance for which no consideration was paid, and

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which are not managed for conservation, outdoor resource-based

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recreation, or archaeological or historic preservation under a

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land management plan approved by the board of trustees are not

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conservation lands.

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

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

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

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

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conservation lands shall also update a land management plan

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whenever the manager proposes to add new facilities or make

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substantive land use or management changes that were not

341

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

342

of significant new lands. Each manager of nonconservation lands

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

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

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the board. The division shall review each plan for compliance

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with the requirements of this subsection and the requirements of

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

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

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properties, shall include an analysis of the property to

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determine if any significant natural or cultural resources are

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located on the property. Such resources include archaeological

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and historic sites, state and federally listed plant and animal

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species, and imperiled natural communities and unique natural

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

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shall consult with the Division of State Lands and other

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appropriate agencies to develop management strategies to protect

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

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of invasive nonnative plants and conservation of soil and water

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resources, including a description of how the manager plans to

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control and prevent soil erosion and soil or water contamination.

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Land use plans submitted by a manager shall include reference to

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appropriate statutory authority for such use or uses and shall

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conform to the appropriate policies and guidelines of the state

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

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

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the property, which analysis shall include the potential of the

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property to generate revenues to enhance the management of the

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

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potential use of private land managers to facilitate the

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

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newly acquired property has a valid conservation plan that was

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

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

374

plan is completed.

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

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

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accessibility of state lands for the benefit and enjoyment of all

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

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management plan shall provide a desired outcome, describe both

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

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

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

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

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

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all subsequent land management activities.

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

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measurable objectives for the following, as appropriate:

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1. Habitat restoration and improvement.

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2. Public access and recreational opportunities.

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3. Hydrological preservation and restoration.

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4. Sustainable forest management.

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5. Exotic and invasive species maintenance and control.

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6. Capital facilities and infrastructure.

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7. Cultural and historical resources.

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8. Imperiled species habitat maintenance, enhancement,

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restoration, or population restoration.

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following elements:

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1. A physical description of the land.

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2. A quantitative data description of the land which

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includes an inventory of forest and other natural resources;

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exotic and invasive plants; hydrological features;

403

infrastructure, including recreational facilities; and other

404

significant land, cultural, or historical features. The inventory

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

406

when appropriate. The inventory shall be of such detail that

407

objective measures and benchmarks can be established for each

408

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

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quantitative data collected shall be aggregated, standardized,

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collected, and presented in an electronic format to allow for

411

uniform management reporting and analysis. The information

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collected by the Department of Environmental Protection pursuant

413

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

414

or her assignee.

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

416

land management goal, the associated measurable objectives, and

417

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

418

management objectives. Each land management objective must be

419

addressed by the land management plan and where practicable no

420

land management objective shall be performed to the detriment of

421

the other land management objectives.

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4. A schedule of land management activities which contains

423

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

424

measurable objective and activities. The schedule shall include

425

for each activity a timeline for completion, quantitative

426

measures, and detailed expense and manpower budgets. The schedule

427

shall provide a management tool that facilitates development of

428

performance measures.

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5. A summary budget for the scheduled land management

430

activities of the land management plan. For state lands

431

containing or anticipated to contain imperiled species habitat,

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the summary budget shall include any fees anticipated from public

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or private entities for projects to offset adverse impacts to

434

imperiled species or such habitat, which fees shall be used

435

solely to restore, manage, enhance, repopulate, or acquire

436

imperiled species habitat. The summary budget shall be prepared

437

in such manner that it facilitates computing an aggregate of land

438

management costs for all state-managed lands using the categories

439

described in s. 259.037(3).

440

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

441

transmitted to the Acquisition and Restoration Council for

442

review. The Acquisition and Restoration Council shall have 90

443

days to review the plan and submit its recommendations to the

444

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

445

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

446

the Acquisition and Restoration Council taking into consideration

447

public input. If the Acquisition and Restoration Council fails

448

to make a recommendation for a land management plan, the

449

Secretary of the Department of Environmental Protection,

450

Commissioner of Agriculture, or Executive Director of the Fish

451

and Wildlife Conservation Commission or their designees shall

452

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

453

land management plan becomes effective upon approval by the Board

454

of Trustees.

455

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

456

state lands with an approved land management plan shall be

457

monitored for land management activities by a monitoring team.

458

The Division of State Lands shall coordinate the activities of

459

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

460

shall be selected by the Secretary of the Department of

461

Environmental Protection, or their designee, and shall have

462

experience with public recreation or use administration. One

463

member shall be selected by the Commissioner of Agriculture, or

464

their designee, and shall have experience with applied land

465

management. One member shall be selected by the Executive

466

Director of the Fish and Wildlife Conservation Commission, or

467

their designee, and shall have experience with applied habitat

468

management. The monitoring team shall prepare a monitoring

469

report that assesses the progress towards achieving short-term

470

and long-term land management goals and shall propose corrective

471

actions for identified deficiencies in management activities.

472

The monitoring report shall be submitted to the Acquisition and

473

Restoration Council and the managing agency. The Acquisition and

474

Restoration Council shall review the monitoring report and

475

determine whether the deficiencies warrant a corrective action

476

plan or revisions to the management plan. Significant and

477

recurring deficiencies shall be brought to the Board of Trustees,

478

which shall determine whether the corrective actions being

479

proposed by the land manager and the Acquisition and Restoration

480

Council sufficiently address the deficiencies. Corrective

481

actions plans shall be prepared and submitted in the same manner

482

as land management plans.

483

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

484

on a rotating basis.

485

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

486

public hearing shall be held in each affected county.

487

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

488

the public an electronic copy of each land management plan for

489

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

490

Lands council shall review each plan for compliance with the

491

requirements of this subsection, the requirements of chapter 259,

492

and the requirements of the rules established by the board

493

pursuant to this section. The council shall also consider the

494

propriety of the recommendations of the managing entity with

495

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

496

fragile or nonrenewable resources, the potential for alternative

497

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

498

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

499

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

500

recommendations and comments, to the board. The council shall

501

specifically recommend to the board whether to approve the plan

502

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

503

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

504

recommendation for a land management plan, the Secretary of the

505

Department of Environmental Protection, Commissioner of

506

Agriculture, or Executive Director of the Fish and Wildlife

507

Conservation Commission or their designees shall submit the land

508

management plan to the Board of Trustees.

509

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

510

Trust Fund shall consider the land management plan submitted by

511

each entity and the recommendations of the council and the

512

Division of State Lands and shall approve the plan with or

513

without modification or reject such plan. The use or possession

514

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

515

management plan is subject to termination by the board.

516

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

517

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

518

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

519

shall make a determination that the lands are no longer needed

520

for conservation purposes and may dispose of them by an

521

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

522

exchange involving the disposition of conservation lands, the

523

board must determine by an affirmative vote of at least three

524

members that the exchange will result in a net positive

525

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

526

determination that the lands are no longer needed and may dispose

527

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

528

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

529

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

530

Preservation 2000 bonds, the Conservation and Recreation Lands

531

Trust Fund, the Water Management Lands Trust Fund,

532

Environmentally Endangered Lands Program, and the Save Our Coast

533

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

534

core parcels or within original project boundaries, shall be

535

deemed to have been acquired for conservation purposes.

536

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

537

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

538

acquisition as to those parcels that shall be designated as

539

having been acquired for conservation purposes. No lands acquired

540

for use by the Department of Corrections, the Department of

541

Management Services for use as state offices, the Department of

542

Transportation, except those specifically managed for

543

conservation or recreation purposes, or the State University

544

System or the Florida Community College System shall be

545

designated as having been purchased for conservation purposes.

546

547

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

548

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

549

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

550

purpose for which they were originally leased. For conservation

551

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

552

whether such lands should be retained in public ownership or

553

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

554

shall review such lands and shall recommend to the board whether

555

such lands should be retained in public ownership or disposed of

556

by the board.

557

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

558

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

559

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

560

the council or its successor for its recommendation as to whether

561

such lands should be disposed of by the board.

562

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

563

the Acquisition and Restoration Council shall review and make

564

recommendations to the board concerning the request for

565

surplusing. The council shall determine whether the request for

566

surplusing is compatible with the resource values of and

567

management objectives for such lands.

568

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

569

shall consider whether such lands would be more appropriately

570

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

571

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

572

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

573

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

574

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

575

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

576

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

577

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

578

public schools; public libraries; fire or law enforcement

579

substations; governmental, judicial, or recreational centers; and

580

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

581

or local government requests for surplus lands shall be expedited

582

throughout the surplusing process. If the county or local

583

government does not elect to purchase such lands in accordance

584

with s. 253.111, then any surplusing determination involving

585

other governmental agencies shall be made upon the board deciding

586

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

587

governmental agencies have expressed no interest shall then be

588

available for sale on the private market.

589

2. Notwithstanding subparagraph 1., any parcel of surplus

590

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

591

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

592

from a fair association incorporated under chapter 616 for the

593

purpose of conducting and operating public fairs or expositions,

594

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

595

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

596

for reconveyance to such fair association for no consideration;

597

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

598

management of such lands may remove from the lands any

599

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

600

days after the effective date of the reconveyance. This

601

subparagraph expires July 1, 2008.

602

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

603

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

604

the division and shall take into consideration an appraisal of

605

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

606

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

607

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

608

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

609

sole discretion, may require a second appraisal. The individual

610

or entity requesting to purchase the surplus parcel shall pay all

611

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

612

acquire the lands.

613

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

614

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

615

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

616

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

617

the State Constitution until 2 weeks before the contract or

618

agreement regarding the purchase, exchange, or disposal of the

619

surplus land is first considered for approval by the board.

620

Notwithstanding the exemption provided under this subparagraph,

621

the division may disclose appraisals, valuations, or valuation

622

information regarding surplus land during negotiations for the

623

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

624

bidding process associated with the sale, disposal, or exchange

625

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

626

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

627

when negotiations or marketing efforts concerning the land are

628

concluded.

629

b. This subparagraph is subject to the Open Government

630

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

631

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

632

repeal through reenactment by the Legislature.

633

2. A unit of government that acquires title to lands

634

hereunder for less than appraised value may not sell or transfer

635

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

636

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

637

or sell lands pursuant to this paragraph shall first allow the

638

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

639

the board sold such lands.

640

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

641

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

642

no monetary consideration was exchanged, the price of land sold

643

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

644

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

645

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

646

requesting the surplus shall select and use appraisers from the

647

list of approved appraisers maintained by the Division of State

648

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

649

entity requesting the surplus is to incur all costs of the

650

appraisals.

651

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

652

the board shall determine whether lands identified for surplus

653

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

654

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

655

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

656

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

657

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

658

expiration of the notice provisions required under this

659

subsection and s. 253.111.

660

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

661

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

662

lead managing agency for review and recommendation to the council

663

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

664

review such requests and make recommendations. Any surplusing

665

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

666

period shall be immediately scheduled for hearing at the next

667

regularly scheduled meeting of the council or its successor.

668

Requests for surplusing pursuant to this paragraph shall not be

669

required to be offered to local or state governments as provided

670

in paragraph (f).

671

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

672

this subsection shall be deposited into the fund from which such

673

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

674

were originally acquired no longer exists, such proceeds shall be

675

deposited into an appropriate account to be used for land

676

management by the lead managing agency assigned the lands prior

677

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

678

of surplus nonconservation lands, or lands that were acquired by

679

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

680

into the Internal Improvement Trust Fund.

681

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

682

no such disposition of land shall be made if such disposition

683

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

684

interest on any revenue bonds issued to lose the exclusion from

685

gross income for federal income tax purposes.

686

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

687

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

688

council or its successor.

689

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

690

provisions of this section, which may include procedures for

691

administering surplus land requests and criteria for when the

692

division may approve requests to surplus nonconservation lands on

693

behalf of the board.

694

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

695

the Division of State Lands is directed to prepare a state

696

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

697

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

698

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

699

development of the state inventory, each county shall direct the

700

appropriate county office with authority over the information to

701

provide the division with a county inventory of all lands

702

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

703

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

704

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

705

conservation lands as water recharge areas and air filters and,

706

in an effort to better understand the scientific underpinnings of

707

carbon sequestration, carbon capture, and greenhouse gas

708

mitigation, to inform policymakers and decisionmakers, and to

709

provide the infrastructure for land owners, the Division of State

710

Lands shall contract with an organization experienced and

711

specialized in carbon sinks and emission budgets to conduct an

712

inventory of all lands that were acquired pursuant to

713

Preservation 2000 and Florida Forever and that were titled in the

714

name of the Board of Trustees of the Internal Improvement Trust

715

Fund. The inventory shall determine the value of carbon capture

716

and carbon sequestration. Such inventory shall consider potential

717

carbon offset values of changes in land management practices,

718

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

719

prescribed burns, and land use conversion. Such an inventory

720

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

721

1, 2009.

722

(b) The state inventory must distinguish between lands

723

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

724

a core parcel or within original project boundaries, as those

725

terms are used to meet the surplus requirements of subsection

726

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

727

management district which are not essential or necessary for

728

conservation purposes.

729

730

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

731

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

732

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

733

the county boundary are federal lands and lands titled in the

734

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

735

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

736

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

737

meet conservation purposes may, upon request of a public or

738

private entity, be made available for purchase through the

739

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

740

or anticipated transportation facilities are exempt from the

741

requirements of this paragraph. Priority consideration shall be

742

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

743

property to productive use so long as the property can be

744

reentered onto the county ad valorem tax roll. Property acquired

745

with matching funds from a local government shall not be made

746

available for purchase without the consent of the local

747

government.

748

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

749

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

750

House of Representatives on the efficacy of using state-owned

751

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

752

imperiled species. This subsection expires July 1, 2014.

753

Section 6. Section 253.0341, Florida Statutes, is amended

754

to read:

755

253.0341 Surplus of state-owned lands to counties or local

756

governments.--Counties and local governments may submit

757

surplusing requests for state-owned lands directly to the board

758

of trustees. County or local government requests for the state to

759

surplus conservation or nonconservation lands, whether for

760

purchase or exchange, shall be expedited throughout the

761

surplusing process. Property jointly acquired by the state and

762

other entities shall not be surplused without the consent of all

763

joint owners.

764

(1) The decision to surplus state-owned nonconservation

765

lands may be made by the board without a review of, or a

766

recommendation on, the request from the Acquisition and

767

Restoration Council or the Division of State Lands. Such requests

768

for nonconservation lands shall be considered by the board within

769

60 days of the board's receipt of the request.

770

(2) County or local government requests for the surplusing

771

of state-owned conservation lands are subject to review of, and

772

recommendation on, the request to the board by the Acquisition

773

and Restoration Council. Requests to surplus conservation lands

774

shall be considered by the board within 120 days of the board's

775

receipt of the request.

776

(3) A local government may request that state lands be

777

specifically declared surplus lands for the purpose of providing

778

alternative water supply and water resource development projects

779

as defined in s 373.019, public facilities such as schools, fire

780

and police facilities, and affordable housing. The request shall

781

comply with the requirements of subsection (1) if the lands are

782

nonconservation lands or subsection (2) if the lands are

783

conservation lands. Surplus lands that are conveyed to a local

784

government for affordable housing shall be disposed of by the

785

local government under the provisions of s. 125.379 or s.

786

166.0451.

787

(4) Notwithstanding the requirements of this section and

788

the requirements of s. 253.034 which provides a surplus process

789

for the disposal of state lands, the board shall convey to Miami-

790

Dade County title to the property on which the Graham Building,

791

which houses the offices of the Miami-Dade State Attorney, is

792

located. By January 1, 2008, the board shall convey fee simple

793

title to the property to Miami-Dade County for a consideration of

794

one dollar. The deed conveying title to Miami-Dade County must

795

contain restrictions that limit the use of the property for the

796

purpose of providing workforce housing as defined in s. 420.5095,

797

and to house the offices of the Miami-Dade State Attorney.

798

Employees of the Miami-Dade State Attorney and the Miami-Dade

799

Public Defender who apply for and meet the income qualifications

800

for workforce housing shall receive preference over other

801

qualified applicants.

802

Section 7. Subsection (3) of section 253.111, Florida

803

Statutes, is amended to read:

804

253.111 Notice to board of county commissioners before

805

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

806

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

807

unless and until they afford an opportunity to the county in

808

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

809

terms and conditions:

810

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

811

is given to the board of county commissioners pursuant to

812

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

813

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

814

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

815

established by generally accepted professional standards for real

816

estate appraisal and subject to such other terms and conditions

817

as the board determines.

818

Section 8. Paragraph (b) of subsection (2) of section

819

253.82, Florida Statutes, is amended to read:

820

253.82 Title of state or private owners to Murphy Act

821

lands.--

822

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

823

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

824

other nonsovereignty lands owned by the board. However, any

825

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

826

Trustees of the Internal Improvement Trust Fund pursuant to this

827

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

828

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

829

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

830

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

831

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

832

of such land shall be deposited into the Internal Improvement

833

Trust Fund. The Board of Trustees of the Internal Improvement

834

Trust Fund is authorized to adopt rules to implement the

835

provisions of this subsection.

836

Section 9. Section 259.032, Florida Statutes, is amended to

837

read:

838

259.032 Conservation and Recreation Lands Trust Fund;

839

purpose.--

840

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

841

state shall be assured public ownership of natural areas for

842

purposes of maintaining this state's unique natural resources;

843

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

844

development to meet the needs of natural systems and citizens of

845

this state; promoting restoration activities on public lands; and

846

providing lands for natural resource based recreation. In

847

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

848

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

849

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

850

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

851

Legislature, with regard to the lands described in paragraph

852

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

853

restoration, and management of such lands in or near counties

854

exhibiting the greatest concentration of population and, with

855

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

856

priority be given to acquiring lands or rights or interests in

857

lands that advance the goals and objectives of the Fish and

858

Wildlife Conservation Commission's approved species or habitat

859

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

860

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

861

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

862

successor, cannot be adequately protected by application of land

863

development regulations adopted pursuant to s. 380.05. Finally,

864

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

865

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

866

protect or restore their natural resource values, and provide the

867

greatest benefit, including public access, to the citizens of

868

this state.

869

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

870

established within the Department of Environmental Protection.

871

The fund shall be used as a nonlapsing, revolving fund

872

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

873

credited with proceeds from the following excise taxes:

874

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

875

and

876

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

877

provided in s. 211.3103.

878

879

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

880

proceeds from such taxes as provided in this paragraph.

881

(b) There shall annually be transferred from the

882

Conservation and Recreation Lands Trust Fund to the Land

883

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

884

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

885

fund debt service reserve funds, rebate obligations, or other

886

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

887

acquire lands on the established priority list developed pursuant

888

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

889

the Land Acquisition Trust Fund pursuant to this paragraph, or

890

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

891

service on the Save Our Coast revenue bonds. Amounts transferred

892

annually from the Conservation and Recreation Lands Trust Fund to

893

the Land Acquisition Trust Fund pursuant to this paragraph shall

894

have the highest priority over other payments or transfers from

895

the Conservation and Recreation Lands Trust Fund, and no other

896

payments or transfers shall be made from the Conservation and

897

Recreation Lands Trust Fund until such transfers to the Land

898

Acquisition Trust Fund have been made. Moneys in the Conservation

899

and Recreation Lands Trust Fund also shall be used to manage

900

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

901

pursuant to the provisions of this section.

902

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

903

Trustees of the Internal Improvement Trust Fund, may allocate

904

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

905

lesser interest in lands for the following public purposes:

906

(a) To conserve and protect environmentally unique and

907

irreplaceable lands that contain native, relatively unaltered

908

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

909

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

910

(b) To conserve and protect lands within designated areas

911

of critical state concern, if the proposed acquisition relates to

912

the natural resource protection purposes of the designation;

913

914

endangered or threatened species, emphasizing long-term

915

protection for endangered or threatened species designated G-1 or

916

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

917

areas that are special locations for breeding and reproduction;

918

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

919

ecosystems, landscapes, and forests, if the protection and

920

conservation of such lands is necessary to enhance or protect

921

significant surface water, groundwater, coastal, recreational,

922

timber, or fish or wildlife resources which cannot otherwise be

923

accomplished through local and state regulatory programs;

924

(e) To promote water resource development that benefits

925

natural systems and citizens of the state;

926

(f) To facilitate the restoration and subsequent health and

927

vitality of the Florida Everglades;

928

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

929

natural resource based recreation and other outdoor recreation on

930

any part of any site compatible with conservation purposes;

931

(h) To preserve significant archaeological or historic

932

sites; or

933

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

934

outdoor recreation which are compatible with conservation

935

purposes; or.

936

(j) To preserve agricultural lands under threat of

937

conversion to development through less-than-fee acquisitions.

938

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

939

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

940

historic or archaeological sites, geologic or botanical sites,

941

recreational trails, forests, wilderness areas, wildlife

942

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

943

recreation or conservation lands; or they shall qualify for such

944

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

945

governmental agencies or nonstate entities as provided for in

946

this section.

947

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

948

moneys may be transferred from the Conservation and Recreation

949

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

950

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

951

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

952

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

953

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

954

maintenance of a natural areas inventory to aid in the

955

identification of areas to be acquired pursuant to this section.

956

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

957

incurred under this section shall be deposited with the Chief

958

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

959

in the manner provided by law. Interest received on such

960

investments shall be credited to the Conservation and Recreation

961

Lands Trust Fund.

962

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

963

necessary to accomplish the purposes of this section. The lead

964

land managing agencies designated by the board of trustees also

965

are directed by the Legislature to enter into contracts or

966

interagency agreements with other governmental entities,

967

including local soil and water conservation districts, or private

968

land managers who have the expertise to perform specific

969

management activities which a lead agency lacks, or which would

970

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

971

not be limited to, controlled burning, road and ditch

972

maintenance, mowing, and wildlife assessments.

973

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

974

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

975

rules and shall be acquired in accordance with acquisition

976

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

977

otherwise provided by the Legislature. An inholding or an

978

addition to a project selected for purchase pursuant to this

979

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

980

if the estimated value of such inholding or addition does not

981

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

982

project has been purchased pursuant to this chapter, the project

983

may be removed from the list and the remaining acreage may

984

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

985

title work, appraisal fees, environmental audits, and survey

986

costs related to acquisition expenses for lands to be acquired,

987

donated, or exchanged which qualify under the categories of this

988

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

989

authorized the Department of Environmental Protection to condemn

990

a specific parcel of land and such parcel has already been

991

approved for acquisition under this section, the land may be

992

acquired in accordance with the provisions of chapter 73 or

993

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

994

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

995

associated with condemnation.

996

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

997

shall be:

998

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

999

combination of benefits to the public and to the resources.

1000

(b) Managed for public outdoor recreation which is

1001

compatible with the conservation and protection of public lands.

1002

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

1003

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

1004

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

1005

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

1006

jogging, and other related outdoor activities compatible with the

1007

purposes for which the lands were acquired.

1008

1009

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

1010

(d) Concurrent with its adoption of the annual Conservation

1011

and Recreation Lands list of acquisition projects pursuant to s.

1012

259.035, the board of trustees shall adopt a management

1013

prospectus for each project. The management prospectus shall

1014

delineate:

1015

1. The management goals for the property;

1016

2. The conditions that will affect the intensity of

1017

management;

1018

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

1019

property, if appropriate;

1020

4. A timetable for implementing the various stages of

1021

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

1022

5. A description of potential multiple-use activities as

1023

described in this section and s. 253.034;

1024

6. Provisions for protecting existing infrastructure and

1025

for ensuring the security of the project upon acquisition;

1026

7. The anticipated costs of management and projected

1027

sources of revenue, including legislative appropriations, to fund

1028

management needs; and

1029

8. Recommendations as to how many employees will be needed

1030

to manage the property, and recommendations as to whether local

1031

governments, volunteer groups, the former landowner, or other

1032

interested parties can be involved in the management.

1033

(e) Concurrent with the approval of the acquisition

1034

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

1035

except those lands being acquired under the provisions of s.

1036

259.1052, the board of trustees shall designate an agency or

1037

agencies to manage such lands. The board shall evaluate and

1038

amend, as appropriate, the management policy statement for the

1039

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

1040

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

1041

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

1042

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

1043

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

1044

Trustees of the Internal Improvement Trust Fund shall first

1045

consider having a soil and water conservation district, created

1046

pursuant to chapter 582, manage and monitor such interests.

1047

(f) State agencies designated to manage lands acquired

1048

under this chapter except those lands acquired under s. 259.1052

1049

may contract with local governments and soil and water

1050

conservation districts to assist in management activities,

1051

including the responsibility of being the lead land manager. Such

1052

land management contracts may include a provision for the

1053

transfer of management funding to the local government or soil

1054

and water conservation district from the Conservation and

1055

Recreation Lands Trust Fund in an amount adequate for the local

1056

government or soil and water conservation district to perform its

1057

contractual land management responsibilities and proportionate to

1058

its responsibilities, and which otherwise would have been

1059

expended by the state agency to manage the property.

1060

(g) Immediately following the acquisition of any interest

1061

in lands under this chapter, the Department of Environmental

1062

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

1063

to the lead managing entity an interim assignment letter to be

1064

effective until the execution of a formal lease.

1065

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

1066

private entities designated to manage lands under this section

1067

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

1068

trustees, an individual management plan for each project designed

1069

to conserve and protect such lands and their associated natural

1070

resources. Private sector involvement in management plan

1071

development may be used to expedite the planning process.

1072

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

1073

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

1074

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

1075

a minimum, representatives of the lead land managing agency,

1076

comanaging entities, local private property owners, the

1077

appropriate soil and water conservation district, a local

1078

conservation organization, and a local elected official. The

1079

advisory group shall conduct at least one public hearing within

1080

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

1081

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

1082

least one areawide public hearing shall be acceptable and the

1083

lead managing agency shall invite a local elected official from

1084

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

1085

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

1086

public hearing shall be posted on the parcel or project

1087

designated for management, advertised in a paper of general

1088

circulation, and announced at a scheduled meeting of the local

1089

governing body before the actual public hearing. The management

1090

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

1091

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

1092

public hearing.

1093

1094

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

1095

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

1096

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

1097

advisory group. Such plans may include transfers of leasehold

1098

interests to appropriate conservation organizations or

1099

governmental entities designated by the Land Acquisition and

1100

Management Advisory Council or its successor, for uses consistent

1101

with the purposes of the organizations and the protection,

1102

preservation, conservation, restoration, and proper management of

1103

the lands and their resources. Volunteer management assistance is

1104

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

1105

participating in programs sponsored by state or local agencies,

1106

by volunteers sponsored by environmental or civic organizations,

1107

and by individuals participating in programs for committed

1108

delinquents and adults.

1109

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

1110

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

1111

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

1112

parcels identified in the priority list developed pursuant to ss.

1113

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

1114

Environmental Protection shall distribute only 75 percent of the

1115

acquisition funds to which a budget entity or water management

1116

district would otherwise be entitled from the Preservation 2000

1117

Trust Fund to any budget entity or any water management district

1118

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

1119

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

1120

individual management plan for the Babcock Crescent B Ranch being

1121

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

1122

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

1123

following the date of acquisition by the state.

1124

(e) Individual management plans shall conform to the

1125

appropriate policies and guidelines of the state land management

1126

plan and shall include, but not be limited to:

1127

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

1128

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

1129

the statutory authority for such use or uses.

1130

2. Key management activities necessary to achieve the

1131

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

1132

access, preserving and protecting natural resources, protecting

1133

cultural and historical resources, restoring habitat, protecting

1134

threatened and endangered species, controlling the spread of

1135

nonnative plants and animals, performing prescribed fire

1136

activities, and other appropriate resource management. to

1137

preserve and protect natural resources and restore habitat, and

1138

for controlling the spread of nonnative plants and animals, and

1139

for prescribed fire and other appropriate resource management

1140

activities.

1141

3. A specific description of how the managing agency plans

1142

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

1143

fragile, nonrenewable natural and cultural resources.

1144

4. A priority schedule for conducting management

1145

activities, based on the purposes for which the lands were

1146

acquired.

1147

5. A cost estimate for conducting priority management

1148

activities, to include recommendations for cost-effective methods

1149

of accomplishing those activities.

1150

6. A cost estimate for conducting other management

1151

activities which would enhance the natural resource value or

1152

public recreation value for which the lands were acquired. The

1153

cost estimate shall include recommendations for cost-effective

1154

methods of accomplishing those activities.

1155

7. A determination of the public uses and public access

1156

that would be consistent with the purposes for which the lands

1157

were acquired.

1158

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

1159

individual management plan for parcels which exceed 160 acres in

1160

size to each member of the Acquisition and Restoration Council

1161

Land Acquisition and Management Advisory Council or its

1162

successor, which shall:

1163

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

1164

review each plan for compliance with the requirements of this

1165

subsection and with the requirements of the rules established by

1166

the board pursuant to this subsection.

1167

2. Consider the propriety of the recommendations of the

1168

managing agency with regard to the future use or protection of

1169

the property.

1170

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

1171

recommendations and comments, to the board of trustees, with

1172

recommendations as to whether to approve the plan as submitted,

1173

approve the plan with modifications, or reject the plan.

1174

(g) The board of trustees shall consider the individual

1175

management plan submitted by each state agency and the

1176

recommendations of the Acquisition and Restoration Council Land

1177

Acquisition and Management Advisory Council, or its successor,

1178

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

1179

or without modification or reject such plan. The use or

1180

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

1181

not in accordance with an approved individual management plan is

1182

subject to termination by the board of trustees.

1183

1184

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

1185

entity designated to manage lands shall report to the Secretary

1186

of Environmental Protection on the progress of funding, staffing,

1187

and resource management of every project for which the agency or

1188

entity is responsible.

1189

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

1190

pursuant to this chapter serves the public interest by protecting

1191

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

1192

health and welfare, providing areas for natural resource based

1193

recreation, and ensuring the survival of unique and irreplaceable

1194

plant and animal species. The Legislature intends for these lands

1195

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

1196

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

1197

lands where it is consistent with acquisition purposes and would

1198

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

1199

public's behalf.

1200

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

1201

cumulative total of funds ever deposited into the Florida

1202

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

1203

shall be made available for the purposes of management,

1204

maintenance, and capital improvements not eligible for funding

1205

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

1206

associated contractual services, for lands acquired pursuant to

1207

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

1208

programs for the acquisition of lands for conservation and

1209

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

1210

the board of trustees and other conservation and recreation lands

1211

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

1212

transferred annually to the Plant Industry Trust Fund within the

1213

Department of Agriculture and Consumer Services for the purpose

1214

of implementing the Endangered or Threatened Native Flora

1215

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

1216

agency with management responsibilities shall annually request

1217

from the Legislature funds sufficient to fulfill such

1218

responsibilities to implement individual management plans. For

1219

the purposes of this paragraph, capital improvements shall

1220

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

1221

firelanes, access roads and trails, and minimal public

1222

accommodations, such as primitive campsites, garbage receptacles,

1223

and toilets. Any equipment purchased with funds provided pursuant

1224

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

1225

paragraph on any conservation and recreation lands managed by a

1226

state agency. The funding requirement created in this paragraph

1227

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

1228

ensure that such requirement does not impact the respective trust

1229

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

1230

other minimum requirements.

1231

1232

prepare and deliver a report on the methodology and formula for

1233

allocating land management funds to the Acquisition and

1234

Restoration Council. The Acquisition and Restoration Council

1235

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

1236

Board of Trustees of the Internal Improvement Trust Fund. The

1237

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

1238

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

1239

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

1240

provides an interim management formula and a long-term management

1241

formula, and the methodologies used to develop the formulas,

1242

which shall be used to allocate land management In requesting

1243

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

1244

management of all lands managed acquisitions pursuant to this

1245

chapter and for associated contractual services. The methodology

1246

and formula for interim management shall be based on the

1247

estimated land acquisitions for the fiscal year in which the

1248

interim funds will be expended. The methodology and formula for

1249

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

1250

following, the managing agencies shall recognize the following

1251

categories of land management needs:

1252

1. The assignment of management intensity associated with

1253

managed habitats and natural communities and the related

1254

management activities to achieve land management goals provided

1255

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

1256

a. The acres of land that require minimal effort for

1257

resource preservation or restoration.

1258

b. The acres of land that require moderate effort for

1259

resource preservation or restoration.

1260

c. The acres of land that require significant effort for

1261

resource preservation or restoration.

1262

2. The assignment of management intensity associated with

1263

public access, including, but not limited to:

1264

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

1265

no more than minimally developed facilities;

1266

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

1267

and offer highly developed facilities; and

1268

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

1269

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

1270

public use.

1271

3. The acres of land that have a secondary manager

1272

contributing to the over-all management effort.

1273

4. The anticipated revenues generated from management of

1274

the lands.

1275

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

1276

multiple-use management strategies.

1277

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

1278

invasive plants, animals, or fish.

1279

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

1280

resource management and protection, such as state reserves, state

1281

preserves, state forests, and wildlife management areas. These

1282

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

1283

minimum facilities development.

1284

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

1285

than basic resource management and protection, such as state

1286

parks and state recreation areas. These lands generally have

1287

extra restoration or protection needs, higher concentrations of

1288

public use, or more highly developed facilities.

1289

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

1290

requiring unique site-specific resource management and

1291

protection. These lands generally are sites with historic

1292

significance, unique natural features, or very high intensity

1293

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

1294

protect resources, such as lands with heavy infestations of

1295

nonnative, invasive plants.

1296

1297

In evaluating the management funding needs of lands based on the

1298

above categories, the lead land managing agencies shall include

1299

in their considerations the impacts of, and needs created or

1300

addressed by, multiple-use management strategies. The funding

1301

formulas for interim and long-term management proposed by the

1302

agencies shall be reviewed by the Legislature during the 2009

1303

regular legislative session. The Legislature may reject, modify,

1304

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

1305

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

1306

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

1307

(d) All revenues generated through multiple-use management

1308

or compatible secondary-use management shall be returned to the

1309

lead agency responsible for such management and shall be used to

1310

pay for management activities on all conservation, preservation,

1311

and recreation lands under the agency's jurisdiction. In

1312

addition, such revenues shall be segregated in an agency trust

1313

fund and shall remain available to the agency in subsequent

1314

fiscal years to support land management appropriations. For the

1315

purposes of this paragraph, compatible secondary-use management

1316

shall be those activities described in subsection (9) undertaken

1317

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

1318

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

1319

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

1320

management of acquisitions and for associated contractual

1321

services, to ensure the conservation and protection of natural

1322

resources on project sites and to allow limited public

1323

recreational use of lands. Interim management activities may

1324

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

1325

invasive, nonnative species, habitat restoration, fencing, law

1326

enforcement, controlled burning, and public access consistent

1327

with preliminary determinations made pursuant to paragraph

1328

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

1329

available immediately upon purchase.

1330

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

1331

for the control and removal of nonnative, invasive plant species

1332

on public lands. Such goals shall differentiate between aquatic

1333

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

1334

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

1335

impede or destroy the functioning of natural systems.

1336

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

1337

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

1338

receiving those funds for control and removal of nonnative,

1339

invasive species on public lands.

1340

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

1341

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

1342

deposited into the Florida Preservation 2000 Trust Fund and the

1343

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

1344

fiscal year for the construction of replacement museum

1345

facilities. This paragraph expires July 1, 2007.

1346

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

1347

available sufficient funds annually from the Conservation and

1348

Recreation Lands Trust Fund to the department for payment in lieu

1349

of taxes to qualifying counties and local governments as defined

1350

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

1351

of board of trustees acquisitions for state agencies under the

1352

Florida Forever program or the Florida Preservation 2000 program

1353

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

1354

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

1355

management in accordance with the provisions of this section.

1356

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

1357

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

1358

fewer. Population levels shall be determined pursuant to s.

1359

11.031.

1360

2. To all local governments located in eligible counties.

1361

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

1362

prison leased to the state has recently been opened and where

1363

privately owned and operated juvenile justice facilities leased

1364

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

1365

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

1366

tax revenue, which funds have already been appropriated and

1367

allocated from the Department of Correction's budget for the

1368

purpose of reimbursing amounts equal to lost ad valorem taxes.

1369

1370

full payments to all qualifying counties and local governments,

1371

such counties and local governments shall receive a pro rata

1372

share of the moneys available.

1373

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

1374

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

1375

acquisition. Applications for payment in lieu of taxes shall be

1376

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

1377

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

1378

were exempt from ad valorem taxation for the year immediately

1379

preceding acquisition.

1380

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

1381

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

1382

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

1383

made for such property based upon the average amount of taxes

1384

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

1385

from the tax rolls. The department shall certify to the

1386

Department of Revenue those properties that may be eligible under

1387

this provision. Once eligibility has been established, that

1388

county or local government shall receive 10 consecutive annual

1389

payments for each tax loss until the qualifying county or local

1390

government exceeds the population threshold pursuant to this

1391

section, and no further eligibility determination shall be made

1392

during that period.

1393

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

1394

shall be made annually to qualifying counties and local

1395

governments after certification by the Department of Revenue that

1396

the amounts applied for are reasonably appropriate, based on the

1397

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

1398

assistance of the local government requesting payment in lieu of

1399

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

1400

preparing and submitting application requests for payment to the

1401

Department of Revenue for certification.

1402

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

1403

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

1404

taxes on the land made to the local government shall be

1405

discontinued as of the date of the conveyance.

1406

1407

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

1408

municipalities, the county school board, mosquito control

1409

districts, and any other local government entity which levies ad

1410

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

1411

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

1412

used for management, maintenance, or capital improvements

1413

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

1414

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

1415

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

1416

this section.

1417

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

1418

define the categories of land for acquisition under this chapter.

1419

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

1420

the owner of a property on the Conservation and Recreation Lands

1421

list or the priority list established pursuant to s. 259.105

1422

objecting to the property being included in an acquisition

1423

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

1424

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

1425

acquisition work plan, the board of trustees shall delete the

1426

property from the list or from the boundary of an acquisition

1427

project on the list.

1428

Section 10. Section 259.035, Florida Statutes, is amended

1429

to read:

1430

259.035 Acquisition and Restoration Council.--

1431

(1) There is created the Acquisition and Restoration

1432

Council.

1433

(a) The council shall be composed of eleven nine voting

1434

members, four of whom shall be appointed by the Governor. Of

1435

these four appointees, three shall be from scientific disciplines

1436

related to land, water, or environmental sciences and the fourth

1437

shall have at least 5 years of experience in managing lands for

1438

both active and passive types of recreation. They shall serve 4-

1439

year terms, except that, initially, to provide for staggered

1440

terms, two of the appointees shall serve 2-year terms. All

1441

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

1442

shall serve more than 6 years. The Governor may at any time fill

1443

a vacancy for the unexpired term of a member appointed under this

1444

paragraph.

1445

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

1446

Secretary of Environmental Protection, the director of the

1447

Division of Forestry of the Department of Agriculture and

1448

Consumer Services, the executive director of the Fish and

1449

Wildlife Conservation Commission, the director of the Division of

1450

Historical Resources of the Department of State, and the

1451

secretary of the Department of Community Affairs, or their

1452

respective designees.

1453

1454

Agriculture with a discipline related to agriculture including

1455

silviculture. One member shall be appointed by the Fish and

1456

Wildlife Conservation Commission with a discipline related to

1457

wildlife management or wildlife ecology.

1458

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

1459

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

1460

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

1461

request of the chair.

1462

(f)(e) The Department of Environmental Protection shall

1463

provide primary staff support to the council and shall ensure

1464

that council meetings are electronically recorded. Such recording

1465

shall be preserved pursuant to chapters 119 and 257.

1466

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

1467

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

1468

of this section.

1469

(2) The four members of the council appointed pursuant to

1470

paragraph (a) and the two members of the council appointed

1471

pursuant to paragraph (c) by the Governor shall receive

1472

reimbursement for $75 per day while engaged in the business of

1473

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

1474

attend council including attendance at meetings, as allowed state

1475

officers and employees while in the performance of their duties,

1476

pursuant to s. 112.061.

1477

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

1478

trustees in reviewing the recommendations and plans for state-

1479

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

1480

shall, in reviewing such recommendations and plans, consider the

1481

optimization of multiple-use and conservation strategies to

1482

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

1483

and 259.105(3)(b).

1484

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

1485

board of trustees, until it develops and recommends amendments to

1486

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

1487

eligible for the Conservation and Recreation Lands list pursuant

1488

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

1489

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

1490

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

1491

Council shall develop rules defining specific criteria and

1492

numeric performance measures needed for lands that are to be

1493

acquired for public purpose under the Florida Forever program

1494

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

1495

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

1496

rules shall be reviewed and adopted by the board then submitted

1497

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

1498

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

1499

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

1500

implemented. Subsequent to their approval, each recipient of

1501

Florida Forever funds shall annually report to the Division of

1502

State Lands on each of the numeric performance measures

1503

accomplished during the previous fiscal year.

1504

1505

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

1506

of trustees shall review the recommendations and shall adopt

1507

rules necessary to administer this section.

1508

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

1509

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

1510

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

1511

Any member of the council who by family or a business

1512

relationship has a connection with all or a portion of any

1513

proposed project shall declare the interest before voting on its

1514

inclusion on a list.

1515

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

1516

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

1517

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

1518

consider and evaluate in writing the merits and demerits of each

1519

project that is proposed for Conservation and Recreation Lands,

1520

Florida Preservation 2000, or Florida Forever funding and shall

1521

ensure that each proposed project will meet a stated public

1522

purpose for the restoration, conservation, or preservation of

1523

environmentally sensitive lands and water areas or for providing

1524

outdoor recreational opportunities. The council also shall

1525

determine whether the project conforms, where applicable, with

1526

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

1527

comprehensive multipurpose outdoor recreation plan developed

1528

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

1529

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

1530

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

1531

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

1532

Section 11. Section 259.037, Florida Statutes, is amended

1533

to read:

1534

259.037 Land Management Uniform Accounting Council.--

1535

(1) The Land Management Uniform Accounting Council is

1536

created within the Department of Environmental Protection and

1537

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

1538

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

1539

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

1540

of the Office of Greenways and Trails of the Department of

1541

Environmental Protection; the director of the Division of

1542

Forestry of the Department of Agriculture and Consumer Services;

1543

the executive director of the Fish and Wildlife Conservation

1544

Commission; and the director of the Division of Historical

1545

Resources of the Department of State, or their respective

1546

designees. Each state agency represented on the council shall

1547

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

1548

the foregoing order of state agencies. The agency of the

1549

representative serving as chair of the council shall provide

1550

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

1551

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

1552

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

1553

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

1554

Program Policy Analysis and Government Accountability, or their

1555

designees, shall advise the council to ensure that appropriate

1556

accounting procedures are utilized and that a uniform method of

1557

collecting and reporting accurate costs of land management

1558

activities are created and can be used by all agencies.

1559

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

1560

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

1561

may not be assigned to more than one category. Administrative

1562

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

1563

other management activities. Specific management activities and

1564

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

1565

following categories:

1566

1.(a) Resource management.

1567

2.(b) Administration.

1568

3. Support.

1569

4. Capital improvements.

1570

5. Recreation visitor services.

1571

6. Law enforcement activities.

1572

1573

(d) Facility maintenance.

1574

1575

Upon adoption of the initial list of land management categories

1576

by the council, agencies assigned to manage conservation or

1577

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

1578

land management costs in accordance with the category to which an

1579

expenditure is assigned.

1580

(b) Each reporting agency shall also:

1581

1. Include a report of the available public use

1582

opportunities for each management unit of state land, the total

1583

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

1584

associated with each use option.

1585

2. List the acres of land requiring minimal management

1586

effort, moderate management effort, and significant management

1587

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

1588

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

1589

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

1590

of funds expended for land management.

1591

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

1592

preserve, forest, reserve, or management area.

1593

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

1594

for each state lands management unit for which secondary

1595

management activities were provided.

1596

(4) The council shall report agencies' expenditures

1597

pursuant to the adopted categories to the President of the Senate

1598

and the Speaker of the House of Representatives annually,

1599

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

1600

report to the Acquisition and Restoration Council and the

1601

division for inclusion in its annual report required pursuant to

1602

s. 259.036 s. 259.105.

1603

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

1604

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

1605

call of the chair.

1606

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

1607

operational report for each management area along with an

1608

approved management plan. The report should assess the progress

1609

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

1610

approved management plan, including all land management

1611

activities, and identify any deficiencies in management and

1612

corrective actions to address identified deficiencies as

1613

appropriate. This report shall be submitted to the Acquisition

1614

and Restoration Council and the division for inclusion in its

1615

annual report required pursuant to s. 259.036.

1616

Section 12. Subsections (3) and (7) of section 259.041,

1617

Florida Statutes, is amended to read:

1618

259.041 Acquisition of state-owned lands for preservation,

1619

conservation, and recreation purposes.--

1620

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

1621

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

1622

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

1623

unless and until the agreement has been reviewed and approved by

1624

the Department of Environmental Protection as complying with the

1625

requirements of this section and any rules adopted pursuant to

1626

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

1627

agreement shall be submitted to and approved by the board of

1628

trustees:

1629

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

1630

value as established pursuant to the rules of the board of

1631

trustees;

1632

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

1633

acquiring agency exceeds $1 million;

1634

1635

1636

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

1637

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

1638

projects where title to the property being acquired is considered

1639

nonmarketable or is encumbered in such a way as to significantly

1640

affect its management.

1641

1642

Where approval of the board of trustees is required pursuant to

1643

this subsection, the acquiring agency must provide a

1644

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

1645

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

1646

required for projects the department recommends acquiring

1647

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

1648

agreements for acquisitions for Florida Greenways and Trails

1649

Program properties pursuant to chapter 260 may be waived by the

1650

department in any contract with nonprofit corporations that have

1651

agreed to assist the department with this program. If the

1652

contribution of the acquiring agency exceeds $100 million in any

1653

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

1654

by the Legislative Budget Commission.

1655

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

1656

applicable, the Department of Environmental Protection, of any

1657

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

1658

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

1659

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

1660

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

1661

follows:

1662

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

1663

for determining the value of parcels sought to be acquired by

1664

state agencies pursuant to this section.

1665

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

1666

appraisal. Two appraisals are required when the estimated value

1667

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

1668

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

1669

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

1670

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

1671

Lands finds that the cost of obtaining an outside appraisal is

1672

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

1673

1674

the agency proposing the acquisition. The board of trustees shall

1675

approve qualified fee appraisal organizations. All appraisals

1676

used for the acquisition of lands pursuant to this section shall

1677

be prepared by a member of an approved appraisal organization or

1678

by a state-certified appraiser who meets the standards and

1679

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

1680

appraiser selected to appraise a particular parcel shall, prior

1681

to contracting with the agency or a participant in a multiparty

1682

agreement, submit to that agency or participant an affidavit

1683

substantiating that he or she has no vested or fiduciary interest

1684

in such parcel.

1685

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

1686

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

1687

negotiating with the property owner.

1688

(e) Generally, appraisal reports are confidential and

1689

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

1690

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

1691

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

1692

contract or agreement for purchase is considered for approval by

1693

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

1694

at its discretion, to disclose appraisal reports to private

1695

landowners during negotiations for acquisitions using

1696

alternatives to fee simple techniques, if the department

1697

determines that disclosure of such reports will bring the

1698

proposed acquisition to closure. The Division of State Lands may

1699

also disclose appraisal information to public agencies or

1700

nonprofit organizations that agree to maintain the

1701

confidentiality of the reports or information when joint

1702

acquisition of property is contemplated, or when a public agency

1703

or nonprofit organization enters into a written multiparty

1704

agreement with the division to purchase and hold property for

1705

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

1706

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

1707

nonprofit organization, provided the appraiser is selected from

1708

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

1709

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

1710

"nonprofit organization" means an organization whose purposes

1711

include the preservation of natural resources, and which is

1712

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

1713

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

1714

passage of time has rendered the conclusions of value in the

1715

report invalid or when the acquiring agency has terminated

1716

negotiations.

1717

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

1718

appraisals obtained by a public agency or nonprofit organization,

1719

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

1720

of appraisers and the appraisal is reviewed and approved by the

1721

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

1722

organization" means an organization whose purposes include the

1723

preservation of natural resources and which is exempt from

1724

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

1725

Code.

1726

1727

Notwithstanding the provisions of this subsection, on behalf of

1728

the board and before the appraisal of parcels approved for

1729

purchase under this chapter, the Secretary of Environmental

1730

Protection or the director of the Division of State Lands may

1731

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

1732

contract shall state that the final purchase price is subject to

1733

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

1734

the final purchase price may not exceed the maximum offer allowed

1735

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

1736

purchase price approval shall explicitly state that payment of

1737

the final purchase price is subject to an appropriation from the

1738

Legislature. The consideration for such an option may not exceed

1739

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

1740

value of the parcel, whichever amount is greater.

1741

Section 13. Section 259.105, Florida Statutes is amended to

1742

read:

1743

259.105 The Florida Forever Act.--

1744

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

1745

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

1746

1. Land acquisition programs have The Preservation 2000

1747

program provided tremendous financial resources for purchasing

1748

environmentally significant lands to protect those lands from

1749

imminent development or alteration, thereby ensuring assuring

1750

present and future generations' access to important waterways,

1751

open spaces, and recreation and conservation lands.

1752

2. The continued alteration and development of Florida's

1753

natural and rural areas to accommodate the state's rapidly

1754

growing population have contributed to the degradation of water

1755

resources, the fragmentation and destruction of wildlife

1756

habitats, the loss of outdoor recreation space, and the

1757

diminishment of wetlands, forests, working landscapes, and

1758

coastal open space and public beaches.

1759

3. The potential development of Florida's remaining natural

1760

areas and escalation of land values require a continuation of

1761

government efforts to restore, bring under public protection, or

1762

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

1763

ecological functions and invaluable quality of life.

1764

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

1765

promoting a more efficient use of land, to ensure opportunities

1766

for viable agricultural activities on working lands, and to

1767

promote vital rural and urban communities that support and

1768

produce development patterns consistent with natural resource

1769

protection.

1770

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

1771

under tremendous pressure due to population growth and economic

1772

expansion and require special protection and restoration efforts,

1773

including the protection of uplands and springsheds that provide

1774

vital recharge to aquifer systems and are critical to the

1775

protection of water quality and water quantity of the aquifers

1776

and springs. To ensure that sufficient quantities of water are

1777

available to meet the current and future needs of the natural

1778

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

1779

planning goals of the department and the water management

1780

districts, water resource development projects on public lands,

1781

where compatible with the resource values of and management

1782

objectives for the lands, are appropriate.

1783

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

1784

Florida for high-quality outdoor recreational opportunities,

1785

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

1786

previous acquisition programs. Through such programs as the

1787

Florida Communities Trust and the Florida Recreation Development

1788

Assistance Program, the state shall place additional emphasis on

1789

acquiring, protecting, preserving, and restoring open space,

1790

ecological greenways, and recreation properties within urban,

1791

suburban, and rural areas where pristine natural communities or

1792

water bodies no longer exist because of the proximity of

1793

developed property.

1794

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

1795

Florida Everglades, are facing ecological collapse due to

1796

Florida's burgeoning population growth and other economic

1797

activities. To preserve these valuable ecosystems for future

1798

generations, essential parcels of land must be acquired to

1799

facilitate ecosystem restoration.

1800

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

1801

outdoor recreational opportunities and the development of

1802

necessary infrastructure, where compatible with the resource

1803

values of and management objectives for such lands, promotes an

1804

appreciation for Florida's natural assets and improves the

1805

quality of life.

1806

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

1807

interest, or other techniques shall in any lesser interest,

1808

should be based on a comprehensive science-based assessment of

1809

Florida's natural resources which targets essential conservation

1810

lands by prioritizing all current and future acquisitions based

1811

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

1812

integrity and function of ecological systems and working

1813

landscapes, and provide multiple benefits, including preservation

1814

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

1815

well as rural areas, and the restoration of natural water

1816

storage, flow, and recharge.

1817

10.9. The state has embraced performance-based program

1818

budgeting as a tool to evaluate the achievements of publicly

1819

funded agencies, build in accountability, and reward those

1820

agencies which are able to consistently achieve quantifiable

1821

goals. While previous and existing state environmental programs

1822

have achieved varying degrees of success, few of these programs

1823

can be evaluated as to the extent of their achievements,

1824

primarily because performance measures, standards, outcomes, and

1825

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

1826

Forever program shall be developed and implemented in the context

1827

of measurable state goals and objectives.

1828

11. The state must play a major role in the recovery and

1829

management of its imperiled species through the acquisition,

1830

restoration, enhancement, and management of ecosystems that can

1831

support the major life functions of such species. It is the

1832

intent of the Legislature to support local, state, and federal

1833

programs that result in net benefit to imperiled species habitat

1834

by providing public and private land owners meaningful incentives

1835

for acquiring, restoring, managing, and repopulating habitats for

1836

imperiled species. It is the further intent of the Legislature

1837

that public lands, both existing and to be acquired, identified

1838

by the lead land managing agency, in consultation with the

1839

Florida Fish and Wildlife Conservation Commission for animals or

1840

the Department of Agriculture and Consumer Services for plants,

1841

as habitat or potentially restorable habitat for imperiled

1842

species, be restored, enhanced, managed, and repopulated as

1843

habitat for such species to advance the goals and objectives of

1844

imperiled species management consistent with the purposes for

1845

which such lands are acquired without restricting other uses

1846

identified in the management plan. It is also the intent of the

1847

Legislature that of the proceeds distributed pursuant to

1848

subsection (3), additional consideration be given to acquisitions

1849

that achieve a combination of conservation goals, including the

1850

restoration, enhancement, management, or repopulation of habitat

1851

for imperiled species. The Acquisition and Restoration Council,

1852

in addition to the criteria in subsection (9), shall give weight

1853

to projects that include acquisition, restoration, management, or

1854

repopulation of habitat for imperiled species. The term

1855

"imperiled species" as used in this chapter and chapter 253,

1856

means plants and animals that are federally listed under the

1857

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

1858

Conservation Commission or the Department of Agriculture and

1859

Consumer Services.

1860

a. As part of the state's role, all state lands that have

1861

imperiled species habitat shall include as a consideration in

1862

management plan development the restoration, enhancement,

1863

management, and repopulation of such habitats. In addition, the

1864

lead land managing agency of such state lands may use fees

1865

received from public or private entities for projects to offset

1866

adverse impacts to imperiled species or their habitat in order to

1867

restore, enhance, manage, repopulate, or acquire land and to

1868

implement land management plans developed under s. 253.034 or

1869

land management prospectus developed and implemented under this

1870

chapter. Such fees shall be deposited into a foundation or fund

1871

created by each land management agency under s. 372.0215, s.

1872

589.012, or 259.032(11)(d), to be used solely to restore, manage,

1873

enhance, repopulate, or acquire imperiled species habitat.

1874

b. Where habitat or potentially restorable habitat for

1875

imperiled species is located on state lands, the Fish and

1876

Wildlife Conservation Commission and the Department of

1877

Agriculture and Consumer Services shall be included on any

1878

advisory group required under chapter 253, and the short-term and

1879

long-term management goals required under chapter 253 must

1880

advance the goals and objectives of imperiled species management

1881

consistent with the purposes for which the land was acquired

1882

without restricting other uses identified in the management plan.

1883

12.10. There is a need It is the intent of the Legislature

1884

to change the focus and direction of the state's major land

1885

acquisition programs and to extend funding and bonding

1886

capabilities, so that future generations may enjoy the natural

1887

resources of this state.

1888

(b) The Legislature recognizes that acquisition of lands in

1889

fee simple is only one way to achieve the aforementioned goals

1890

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

1891

techniques, and the development of creative partnerships between

1892

governmental agencies and private landowners. Such partnerships

1893

may include those that advance the restoration, enhancement,

1894

management, or repopulation of imperiled species habitat on state

1895

lands as provided for in subparagraph (a)11. Easements acquired

1896

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

1897

rural land stewardship areas, sector planning, mitigation, and

1898

similar tools should be used, where appropriate, to bring

1899

environmentally sensitive tracts under an acceptable level of

1900

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

1901

provide private landowners with the opportunity to enjoy and

1902

benefit from their property.

1903

1904

under this section shall are encouraged to better coordinate

1905

their expenditures so that project acquisitions, when combined

1906

with acquisitions under Florida Forever, Preservation 2000, Save

1907

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

1908

acquisition programs, and the techniques, partnerships, and tools

1909

referenced in subparagraph (a)11. and paragraph (b), are used to

1910

will form more complete patterns of protection for natural areas,

1911

ecological greenways, and functioning ecosystems, to better

1912

accomplish the intent of this section.

1913

(d) A long-term financial commitment to restoring,

1914

enhancing, and managing Florida's public lands in order to

1915

implement land management plans developed under s. 253.034 or a

1916

land management prospectus developed and implemented under this

1917

chapter must accompany any new land acquisition program to ensure

1918

that the natural resource values of such lands are restored,

1919

enhanced, managed, and protected, that the public enjoys has the

1920

opportunity to enjoy the lands to their fullest potential, and

1921

that the state achieves the full benefits of its investment of

1922

public dollars. Innovative strategies such as public-private

1923

partnerships and interagency planning and sharing of resources

1924

shall be used to achieve the state's management goals.

1925

(e) With limited dollars available for restoration,

1926

enhancement, management, and acquisition of land and water areas

1927

and for providing long-term management and capital improvements,

1928

a competitive selection process shall can select those projects

1929

best able to meet the goals of Florida Forever and maximize the

1930

efficient use of the program's funding.

1931

(f) To ensure success and provide accountability to the

1932

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

1933

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

1934

to implement the goals and objectives recommended by a

1935

comprehensive science-based assessment and the Florida Forever

1936

Advisory Council as approved by the Board of Trustees of the

1937

Internal Improvement Trust Fund and the Legislature.

1938

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

1939

the Legislature recognizes the desires of the residents

1940

citizens of this state to prosper through economic development

1941

and to preserve, restore, and manage the state's natural areas

1942

and recreational open space of Florida. The Legislature further

1943

recognizes the urgency of restoring the natural functions,

1944

including wildlife and imperiled species habitat functions, of

1945

public lands or water bodies before they are degraded to a

1946

point where recovery may never occur, yet acknowledges the

1947

difficulty of ensuring adequate funding for restoration,

1948

enhancement and management efforts in light of other equally

1949

critical financial needs of the state. It is the Legislature's

1950

desire and intent to fund the implementation of this section

1951

and to do so in a fiscally responsible manner, by issuing bonds

1952

to be repaid with documentary stamp tax or other revenue

1953

sources, including those identified in subparagraph (a)11.

1954

(h) The Legislature further recognizes the important role

1955

that many of our state and federal military installations

1956

contribute to protecting and preserving Florida's natural

1957

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

1958

land conservation plans overlap with the military's need to

1959

protect lands, waters, and habitat to ensure the sustainability

1960

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

1961

agencies receiving funds under this program cooperate with our

1962

military partners to protect and buffer military installations

1963

and military airspace, by:

1964

1. Protecting habitat on nonmilitary land for any species

1965

found on military land that is designated as threatened or

1966

endangered, or is a candidate for such designation under the

1967

Endangered Species Act or any Florida statute;

1968

2. Protecting areas underlying low-level military air

1969

corridors or operating areas; and

1970

3. Protecting areas identified as clear zones, accident

1971

potential zones, and air installation compatible use buffer zones

1972

delineated by our military partners; and.

1973

4. Providing the military with technical assistance to

1974

restore, enhance, and manage military land as habitat for

1975

imperiled species or species designated as threatened or

1976

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

1977

recovery or reestablishment of such species.

1978

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

1979

reserve accounts and other costs associated with bonds, the

1980

proceeds of cash payments or bonds issued pursuant to this

1981

section shall be deposited into the Florida Forever Trust Fund

1982

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

1983

Department of Environmental Protection in the following manner:

1984

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

1985

Environmental Protection for the acquisition of lands and capital

1986

project expenditures necessary to implement the water management

1987

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

1988

funds are to be distributed to the water management districts as

1989

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

1990

funds provided over the life of the Florida Forever program

1991

pursuant to this paragraph shall be used for the acquisition of

1992

lands.

1993

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

1994

Protection for the acquisition of lands and capital project

1995

expenditures described in this section. Of the proceeds

1996

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

1997

Legislature that an increased priority be given to those

1998

acquisitions which achieve a combination of conservation goals,

1999

including protecting Florida's water resources and natural

2000

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

2001

10 percent, of the funds allocated pursuant to this paragraph

2002

shall be spent on capital project expenditures identified during

2003

the time of acquisition which meet land management planning

2004

activities necessary for public access may not exceed 10 percent

2005

of the funds allocated pursuant to this paragraph.

2006

2007

Affairs for use by the Florida Communities Trust for the purposes

2008

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

2009

subsection, and grants to local governments or nonprofit

2010

environmental organizations that are tax-exempt under s.

2011

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

2012

acquisition of community-based projects, urban open spaces,

2013

parks, and greenways to implement local government comprehensive

2014

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

2015

acquisition, 75 percent shall be matched by local governments on

2016

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

2017

Florida Communities Trust emphasize funding projects in low-

2018

income or otherwise disadvantaged communities and projects that

2019

provide areas for direct water access and water-dependent

2020

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

2021

vessels to waters of the state, including boat ramps and

2022

associated parking and other support facilities. At least 30

2023

percent of the total allocation provided to the trust shall be

2024

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

2025

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

2026

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

2027

and functions to intersperse open spaces within congested urban

2028

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

2029

percent shall be used to acquire lands for recreational trail

2030

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

2031

for such projects, they will be available for other trust

2032

projects. Local governments may use federal grants or loans,

2033

private donations, or environmental mitigation funds, including

2034

environmental mitigation funds required pursuant to s. 338.250,

2035

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

2036

funded through the Florida Communities Trust. Any lands purchased

2037

by nonprofit organizations using funds allocated under this

2038

paragraph must provide for such lands to remain permanently in

2039

public use through a reversion of title to local or state

2040

government, conservation easement, or other appropriate

2041

mechanism. Projects funded with funds allocated to the Trust

2042

shall be selected in a competitive process measured against

2043

criteria adopted in rule by the Trust.

2044

(d) Two percent to the Department of Environmental

2045

Protection for grants pursuant to s. 375.075.

2046

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

2047

Environmental Protection for the purchase of inholdings and

2048

additions to state parks and for capital project expenditures as

2049

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

2050

than 10 percent, of the funds allocated pursuant to this

2051

paragraph shall be spent on capital project expenditures

2052

identified during the time of acquisition which meet land

2053

management planning activities necessary for public access may

2054

not exceed 10 percent of the funds allocated under this

2055

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

2056

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

2057

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

2058

may come under its jurisdiction.

2059

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

2060

of the Department of Agriculture and Consumer Services to fund

2061

the acquisition of state forest inholdings and additions pursuant

2062

to s. 589.07, the implementation of reforestation plans or

2063

sustainable forestry management practices, and for capital

2064

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

2065

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

2066

for the acquisition of inholdings and additions pursuant to this

2067

paragraph shall be spent on capital project expenditures

2068

identified during the time of acquisition which meet land

2069

management planning activities necessary for public access may

2070

not exceed 10 percent of the funds allocated under this

2071

paragraph.

2072

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

2073

Conservation Commission to fund the acquisition of inholdings and

2074

additions to lands managed by the commission which are important

2075

to the conservation of fish and wildlife and for capital project

2076

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

2077

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

2078

pursuant to this paragraph shall be spent on capital project

2079

expenditures identified during the time of acquisition which meet

2080

land management planning activities necessary for public access

2081

may not exceed 10 percent of the funds allocated under this

2082

paragraph.

2083

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

2084

Environmental Protection for the Florida Greenways and Trails

2085

Program, to acquire greenways and trails or greenways and trail

2086

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

2087

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

2088

Trail and for capital project expenditures as described in this

2089

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

2090

the funds allocated pursuant to this paragraph shall be spent on

2091

capital project expenditures identified during the time of

2092

acquisition which meet land management planning activities

2093

necessary for public access may not exceed 10 percent of the

2094

funds allocated under this paragraph.

2095

(i) Three and five-tenths percent to the Department of

2096

Agriculture and Consumer Services for the acquisition of

2097

agricultural lands, through perpetual conservation easements and

2098

other perpetual less-than-fee techniques, which will achieve the

2099

objectives of Florida Forever and s. 570.71. Rules concerning the

2100

application, acquisition, and priority ranking process for such

2101

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

2102

provided by this paragraph. The board shall ensure that such

2103

rules are consistent with the acquisition process provided for in

2104

s. 259.041. Provisions of the rules developed pursuant to s.

2105

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

2106

1. An annual priority list shall be developed pursuant to

2107

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

2108

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

2109

259.04.

2110

2. Terms of easements and acquisitions proposed pursuant to

2111

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

2112

delegated by the board to any other entity receiving funds under

2113

this section.

2114

3. All acquisitions pursuant to this paragraph shall

2115

contain a clear statement that they are subject to legislative

2116

appropriation.

2117

2118

No funds provided under this paragraph shall be expended until

2119

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

2120

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

2121

Community Affairs for the acquisition of lands and capital

2122

project expenditures necessary to implement the Waterfronts

2123

Florida Program pursuant to s. 342.2015.

2124

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

2125

payments or proceeds of Florida Forever bonds distributed under

2126

this section shall be expended in an efficient and fiscally

2127

responsible manner. An agency that receives proceeds from Florida

2128

Forever bonds under this section may not maintain a balance of

2129

unencumbered funds in its Florida Forever subaccount beyond 3

2130

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

2131

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

2132

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

2133

the Legislature at its next regular session for use in the

2134

Florida Forever program.

2135

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

2136

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

2137

develop their individual acquisition or restoration lists in

2138

accordance with specific criteria and numeric performance

2139

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

2140

be acquired if they are identified within the original project

2141

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

2142

or the management prospectus required pursuant to s.

2143

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

2144

this paragraph shall be submitted to the Acquisition and

2145

Restoration Council for approval. The council may only approve

2146

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

2147

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

2148

property; enhances the protection or management of the property;

2149

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

2150

more manageable boundary configuration; has a high resource value

2151

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

2152

than fair market value.

2153

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

2154

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

2155

contribute to the achievement of the following goals, which shall

2156

be evaluated in accordance with specific criteria and numeric

2157

performance measures developed pursuant s. 259.035(4):

2158

(a) Enhance the coordination and completion of land

2159

acquisition projects, as measured by:

2160

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

2161

acquisition programs that contribute to the enhancement of

2162

essential natural resources, ecosystem service parcels, and

2163

connecting linkage corridors as identified and developed by the

2164

best available scientific analysis completion of Florida

2165

Preservation 2000 projects or projects begun before Preservation

2166

2000;

2167

2. The number of acres protected through the use of

2168

alternatives to fee simple acquisition; or

2169

3. The number of shared acquisition projects among Florida

2170

Forever funding partners and partners with other funding sources,

2171

including local governments and the Federal Government.

2172

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

2173

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

2174

by:

2175

1. The number of acres acquired of significant strategic

2176

habitat conservation areas;

2177

2. The number of acres acquired of highest priority

2178

conservation areas for Florida's rarest species;

2179

3. The number of acres acquired of significant landscapes,

2180

landscape linkages, and conservation corridors, giving priority

2181

to completing linkages;

2182

4. The number of acres acquired of underrepresented native

2183

ecosystems;

2184

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

2185

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

2186

or restorable natural communities established through new

2187

acquisition projects or augmentations to previous projects; or

2188

6. The percentage increase in the number of occurrences of

2189

imperiled species endangered species, threatened species, or

2190

species of special concern on publicly managed conservation

2191

areas.

2192

2193

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

2194

measured by:

2195

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

2196

needing restoration, enhancement, and management, acres

2197

undergoing restoration or enhancement, and acres with restoration

2198

activities completed, and acres managed to maintain such restored

2199

or enhanced conditions; the number of acres which represent

2200

actual or potential imperiled species habitat; the number of

2201

acres which are available pursuant to a management plan to

2202

restore, enhance, repopulate, and manage imperiled species

2203

habitat; and the number of acres of imperiled species habitat

2204

managed, restored, enhanced, repopulated, or acquired;

2205

2. The percentage of water segments that fully meet,

2206

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

2207

in the Department of Environmental Protection's State Water

2208

Quality Assessment 305(b) Report;

2209

3. The percentage completion of targeted capital

2210

improvements in surface water improvement and management plans

2211

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

2212

management system plans, or other adopted restoration plans;

2213

4. The number of acres acquired that protect natural

2214

floodplain functions;

2215

5. The number of acres acquired that protect surface waters

2216

of the state;

2217

6. The number of acres identified for acquisition to

2218

minimize damage from flooding and the percentage of those acres

2219

acquired;

2220

7. The number of acres acquired that protect fragile

2221

coastal resources;

2222

8. The number of acres of functional wetland systems

2223

protected;

2224

9. The percentage of miles of critically eroding beaches

2225

contiguous with public lands that are restored or protected from

2226

further erosion;

2227

10. The percentage of public lakes and rivers in which

2228

invasive, nonnative aquatic plants are under maintenance control;

2229

2230

11. The number of acres of public conservation lands in

2231

which upland invasive, exotic plants are under maintenance

2232

control.

2233

(d) Ensure that sufficient quantities of water are

2234

available to meet the current and future needs of natural systems

2235

and the citizens of the state, as measured by:

2236

1. The number of acres acquired which provide retention and

2237

storage of surface water in naturally occurring storage areas,

2238

such as lakes and wetlands, consistent with the maintenance of

2239

water resources or water supplies and consistent with district

2240

water supply plans;

2241

2. The quantity of water made available through the water

2242

resource development component of a district water supply plan

2243

for which a water management district is responsible; or

2244

3. The number of acres acquired of groundwater recharge

2245

areas critical to springs, sinks, aquifers, other natural

2246

systems, or water supply.

2247

(e) Increase natural resource-based public recreational and

2248

educational opportunities, as measured by:

2249

1. The number of acres acquired that are available for

2250

natural resource-based public recreation or education;

2251

2. The miles of trails that are available for public

2252

recreation, giving priority to those that provide significant

2253

connections including those that will assist in completing the

2254

Florida National Scenic Trail; or

2255

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

2256

by type, made available on public land.

2257

(f) Preserve significant archaeological or historic sites,

2258

as measured by:

2259

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

2260

and archaeological properties listed in the Florida Master Site

2261

File or National Register of Historic Places which are protected

2262

or preserved for public use; or

2263

2. The increase in the number and percentage of historic

2264

and archaeological properties that are in state ownership.

2265

(g) Increase the amount of forestland available for

2266

sustainable management of natural resources, as measured by:

2267

1. The number of acres acquired that are available for

2268

sustainable forest management;

2269

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

2270

for economic return in accordance with current best management

2271

practices;

2272

3. The number of acres of forestland acquired that will

2273

serve to maintain natural groundwater recharge functions; or

2274

4. The percentage and number of acres identified for

2275

restoration actually restored by reforestation.

2276

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

2277

areas, as measured by:

2278

1. The percentage of local governments that participate in

2279

land acquisition programs and acquire open space in urban cores;

2280

2281

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

2282

space within urban service areas.

2283

2284

Florida Forever projects and acquisitions funded pursuant to

2285

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

2286

the Florida Communities Trust Governing Board created in s.

2287

380.504.

2288

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

2289

managed for multiple-use purposes, where compatible with the

2290

resource values of and management objectives for such lands. As

2291

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

2292

to, outdoor recreational activities as described in ss. 253.034

2293

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

2294

sustainable forestry management, carbon sequestration, carbon

2295

mitigation, or carbon offsets.

2296

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

2297

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

2298

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

2299

2300

the Internal Improvement Trust Fund shall adopt rules that

2301

pertain to the use of state lands for carbon sequestration,

2302

carbon mitigation, or carbon offsets and that provide for

2303

climate-change-related benefits.

2304

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

2305

supply development project may be allowed only if the following

2306

conditions are met: minimum flows and levels have been

2307

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

2308

expected to experience significant harm to water resources as a

2309

result of the project; the project complies with all applicable

2310

permitting requirements; and the project is consistent with the

2311

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

2312

district and with relevant recovery or prevention strategies if

2313

required pursuant to s. 373.0421(2).

2314

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

2315

thereafter, the Acquisition and Restoration Council shall accept

2316

applications from state agencies, local governments, nonprofit

2317

and for-profit organizations, private land trusts, and

2318

individuals for project proposals eligible for funding pursuant

2319

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

2320

received pursuant to this subsection to ensure that they meet at

2321

least one of the criteria under subsection (9).

2322

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

2323

following:

2324

1. A minimum of two numeric performance measures that

2325

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

2326

performance measure shall include a baseline measurement, which

2327

is the current situation; a performance standard which the

2328

project sponsor anticipates the project will achieve; and the

2329

performance measurement itself, which should reflect the

2330

incremental improvements the project accomplishes towards

2331

achieving the performance standard.

2332

2. Proof that property owners within any proposed

2333

acquisition have been notified of their inclusion in the proposed

2334

project. Any property owner may request the removal of such

2335

property from further consideration by submitting a request to

2336

the project sponsor or the Acquisition and Restoration Council by

2337

certified mail. Upon receiving this request, the council shall

2338

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

2339

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

2340

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

2341

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

2342

members that such property is critical to achieve the purposes of

2343

the project.

2344

2345

vest in the Board of Trustees of the Internal Improvement Trust

2346

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

2347

district shall vest in the name of that district and lands

2348

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

2349

purchasing local government.

2350

(8) The Acquisition and Restoration Council shall develop a

2351

project list that shall represent those projects submitted

2352

pursuant to subsection (7).

2353

(9) The Acquisition and Restoration Council shall recommend

2354

rules for adoption by the board of trustees to competitively

2355

evaluate, select, and rank projects eligible for Florida Forever

2356

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

2357

Conservation and Recreation Lands list pursuant to ss. 259.032

2358

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

2359

Acquisition and Restoration Council shall give weight to the

2360

following criteria:

2361

(a) The project meets multiple goals described in

2362

subsection (4).

2363

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

2364

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

2365

2366

properties already under public ownership.

2367

(d) The project has significant archaeological or historic

2368

value.

2369

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

2370

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

2371

(f) The project contributes to the solution of water

2372

resource problems on a regional basis.

2373

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

2374

in imminent danger of development, in imminent danger of losing

2375

its significant natural attributes or recreational open space, or

2376

in imminent danger of subdivision which would result in multiple

2377

ownership and make acquisition of the project costly or less

2378

likely to be accomplished.

2379

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

2380

by an ecosystem management team.

2381

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

2382

restoration effort.

2383

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

2384

value.

2385

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

2386

alternatives to fee simple, including but not limited to, tax

2387

incentives, mitigation funds, or other revenues, the purchase of

2388

development rights, hunting rights, agricultural or silvicultural

2389

rights, or mineral rights or obtaining conservation easements or

2390

flowage easements.

2391

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

2392

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

2393

public-private partnership.

2394

(10) The Acquisition and Restoration Council shall give

2395

increased priority to those projects for which matching funds are

2396

available and to project elements previously identified on an

2397

acquisition list pursuant to this section that can be acquired at

2398

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

2399

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

2400

conservation plans overlap with the military's need to protect

2401

lands, water, and habitat to ensure the sustainability of

2402

military missions including:

2403

(a) Protecting habitat on nonmilitary land for any species

2404

found on military land that is designated as threatened or

2405

endangered, or is a candidate for such designation under the

2406

Endangered Species Act or any Florida statute;

2407

(b) Protecting areas underlying low-level military air

2408

corridors or operating areas; and

2409

2410

potential zones, and air installation compatible use buffer zones

2411

delineated by our military partners, and for which federal or

2412

other funding is available to assist with the project.

2413

(11) For the purposes of funding projects pursuant to

2414

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

2415

ensure that each water management district receives the following

2416

percentage of funds annually:

2417

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

2418

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

2419

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

2420

Department of Environmental Protection into the Save Our

2421

Everglades Trust Fund and shall be used exclusively to implement

2422

the comprehensive plan under s. 373.470.

2423

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

2424

Management District.

2425

2426

Management District.

2427

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

2428

Management District.

2429

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

2430

Water Management District.

2431

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

2432

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

2433

that these funds not be used to abrogate the financial

2434

responsibility of those point and nonpoint sources that have

2435

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

2436

an increased priority shall be given by the water management

2437

district governing boards to those projects that have secured a

2438

cost-sharing agreement allocating responsibility for the cleanup

2439

of point and nonpoint sources.

2440

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

2441

and Restoration Council shall be required in order to place a

2442

proposed project on the list developed pursuant to subsection

2443

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

2444

relationship has a connection with any project proposed to be

2445

ranked shall declare such interest prior to voting for a

2446

project's inclusion on the list.

2447

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

2448

issued pursuant to this section, the Acquisition and Restoration

2449

Council shall review the most current approved project list and

2450

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

2451

Trustees of the Internal Improvement Trust Fund for approval a

2452

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

2453

board of trustees may remove projects from the list developed

2454

pursuant to this subsection, but may not add projects or

2455

rearrange project rankings.

2456

(15) The Acquisition and Restoration Council shall submit

2457

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

2458

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

2459

information for each project listed:

2460

(a) The stated purpose for inclusion.

2461

(b) Projected costs to achieve the project goals.

2462

2463

associated with immediate public access.

2464

(d) Specific performance measures.

2465

(e) Plans for public access.

2466

(f) An identification of the essential parcel or parcels

2467

within the project without which the project cannot be properly

2468

managed.

2469

(g) Where applicable, an identification of those projects

2470

or parcels within projects which should be acquired in fee simple

2471

or in less than fee simple.

2472

(h) An identification of those lands being purchased for

2473

conservation purposes.

2474

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

2475

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

2476

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

2477

values.

2478

(k) A map delineating project boundaries.

2479

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

2480

outdoor recreational value, forest resources, wildlife resources,

2481

ownership pattern, utilization, and location.

2482

(m) A discussion of whether alternative uses are proposed

2483

for the property and what those uses are.

2484

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

2485

(16) All proposals for projects pursuant to paragraph

2486

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

2487

the Acquisition and Restoration Council and approved by the board

2488

of trustees. The council shall consider and evaluate in writing

2489

the merits and demerits of each project that is proposed for

2490

Florida Forever funding and each proposed addition to the

2491

Conservation and Recreation Lands list program. The council shall

2492

ensure that each proposed project will meet a stated public

2493

purpose for the restoration, conservation, or preservation of

2494

environmentally sensitive lands and water areas or for providing

2495

outdoor recreational opportunities and that each proposed

2496

addition to the Conservation and Recreation Lands list will meet

2497

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

2498

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

2499

or addition conforms, where applicable, with the comprehensive

2500

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

2501

multipurpose outdoor recreation plan developed pursuant to s.

2502

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

2503

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

2504

s. 373.199, and the provisions of this section.

2505

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

2506

prepare an annual work plan that prioritizes projects on the

2507

Florida Forever list and sets forth the funding available in the

2508

fiscal year for land acquisition. The work plan shall consider

2509

the following categories of expenditure for land conservation

2510

projects already selected for the Florida Forever list pursuant

2511

to subsection (8):

2512

(a) A critical natural lands category, including functional

2513

landscape-scale natural systems, intact large hydrological

2514

systems, lands that have significant imperiled natural

2515

communities, and corridors linking large landscapes, as

2516

identified and developed by the best available scientific

2517

analysis.

2518

(b) A partnerships or regional incentive category,

2519

including:

2520

1. Projects where local and regional cost-share agreements

2521

provide a lower cost and greater conservation benefit to the

2522

people of the state. Additional consideration shall be provided

2523

under this category where parcels are identified as part of a

2524

local or regional visioning process and are supported by

2525

scientific analysis; and

2526

2. Bargain and shared projects where the state will receive

2527

a significant reduction in price for public ownership of land as

2528

a result of the removal of development rights or other interests

2529

in lands or receives alternative or matching funds.

2530

2531

mainly inholdings, additions, and linkages between preserved

2532

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

2533

complete.

2534

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

2535

acquisition or other conservation measures will address the

2536

challenges of global climate change, such as through protection,

2537

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

2538

water, and coastal resources. This category includes lands that

2539

provide opportunities to sequester carbon, provide habitat,

2540

protect coastal lands or barrier islands, and otherwise mitigate

2541

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

2542

objectives of the program.

2543

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

2544

that significantly contribute to resource protection through

2545

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

2546

incentives, life estates, landowner agreements, and other

2547

partnerships, including conservation easements acquired in

2548

partnership with federal conservation programs, which will

2549

achieve the objectives of Florida Forever while allowing the

2550

continuation of compatible agricultural uses on the land. Terms

2551

of easements proposed for acquisition under this category shall

2552

be developed by the Division of State Lands in coordination with

2553

the Department of Agriculture and Consumer Services.

2554

2555

Projects within each category shall be ranked by order of

2556

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

2557

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

2558

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

2559

Internal Improvement Trust Fund no later than October 1 of each

2560

year.

2561

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

2562

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

2563

district lands, the owning water management district, may

2564

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

2565

use of certain lands acquired pursuant to this section, for

2566

certain uses that are determined by the appropriate board to be

2567

compatible with the resource values of and management objectives

2568

for such lands.

2569

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

2570

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

2571

acquired pursuant to this section shall be presumed to be

2572

compatible with the purposes for which such lands were acquired.

2573

2574

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

2575

Department of Environmental Protection or other appropriate state

2576

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

2577

adversely affect the exclusion of the interest on any revenue

2578

bonds issued to fund the acquisition of the affected lands from

2579

gross income for federal income tax purposes, pursuant to

2580

Internal Revenue Service regulations.

2581

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

2582

recommend adoption of rules by the board of trustees necessary to

2583

implement the provisions of this section relating to:

2584

solicitation, scoring, selecting, and ranking of Florida Forever

2585

project proposals; disposing of or leasing lands or water areas

2586

selected for funding through the Florida Forever program; and the

2587

process of reviewing and recommending for approval or rejection

2588

the land management plans associated with publicly owned

2589

properties. Rules promulgated pursuant to this subsection shall

2590

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

2591

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

2592

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

2593

shall become effective only after legislative review. In its

2594

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

2595

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

2596

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

2597

taken by the Legislature, such rules shall become effective.

2598

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

2599

Florida Forever program may be managed for conservation pursuant

2600

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

2601

anticipation of a state purchase in accordance with a contractual

2602

arrangement between the acquiring agency and the private party

2603

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

2604

arrangements, or resource conservation agreements. Lands

2605

designated as eligible under this subsection shall be managed to

2606

maintain or enhance the resources the state is seeking to protect

2607

by acquiring the land and to accelerate public access to the

2608

lands as soon as practicable. Funding for these contractual

2609

arrangements may originate from the documentary stamp tax revenue

2610

deposited into the Conservation and Recreation Lands Trust Fund

2611

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

2612

funds allocated under the trust funds shall be expended for this

2613

purpose.

2614

(20) The Acquisition and Restoration Council, as successors

2615

to the Land Acquisition and Management Advisory Council, may

2616

amend existing Conservation and Recreation Lands projects and add

2617

to or delete from the 2000 Conservation and Recreation Lands list

2618

until funding for the Conservation and Recreation Lands program

2619

has been expended. The amendments to the 2000 Conservation and

2620

Recreation Lands list will be reported to the board of trustees

2621

in conjunction with the council's report developed pursuant to

2622

subsection (15).

2623

Section 14. Subsection (1) of section 259.1051, Florida

2624

Statutes, is amended to read:

2625

259.1051 Florida Forever Trust Fund.--

2626

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

2627

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

2628

375.031. The Florida Forever Trust Fund shall be held and

2629

administered by the Department of Environmental Protection.

2630

Proceeds from the sale of bonds, except proceeds of refunding

2631

bonds, issued under s. 215.618 and payable from moneys

2632

transferred to the Land Acquisition Trust Fund under s.

2633

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

2634

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

2635

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

2636

the Division of Bond Finance of the State Board of Administration

2637

may provide for additional provisions that govern the

2638

disbursement of the bond proceeds.

2639

Section 15. Paragraph (a) of subsection (4) of section

2640

342.201, Florida Statutes, is amended to read:

2641

342.201 Waterfronts Florida Program.--

2642

(4) The program is responsible for:

2643

(a) Implementing the Waterfronts Florida Partnership

2644

Program. The department, in coordination with the Department of

2645

Environmental Protection, shall develop, by rule, procedures and

2646

requirements governing program eligibility, application

2647

procedures, and application review. The department may provide

2648

financial assistance to eligible local governments to develop

2649

local plans to further the purpose of the program. In recognition

2650

of limited funding, the department may limit the number of local

2651

governments assisted by the program based on the amount of

2652

funding appropriated to the department for the purpose of the

2653

program.

2654

Section 16. Section 342.2015, Florida Statutes, is created

2655

to read:

2656

342.2015 Waterfronts Florida Program; Florida Forever.--

2657

(1) A local government may submit no more than one grant

2658

application to the Florida Communities Trust in the Department of

2659

Community Affairs during each application period announced by the

2660

department for recreational and commercial working waterfronts as

2661

defined in s. 342.201(2)(b). The project grant to waterfront

2662

communities shall be for the acquisition of lands and capital

2663

project expenditures necessary to implement the projects

2664

identified in the community-designed vision plan and which meet

2665

the criteria of by s. 342.201. All acquisitions pursuant to this

2666

section shall be titled in the name of the local government. The

2667

trust shall annually compile and submit a list of eligible

2668

projects to the Board of Trustees of the Internal Improvement

2669

Trust Fund for approval.

2670

(3) The Board of Trustees shall review applications and

2671

approve grant funds to eligible projects identified pursuant to

2672

s. 342.201. For projects that will require more than the grant

2673

amount awarded for completion, the applicant must identify

2674

funding sources that will provide the difference between the

2675

grant award and the estimated project completion cost.

2676

(4) Waterfront communities that receive grant awards must

2677

submit semiannual progress reports to the department identifying

2678

how funds are expended, project activities which are completed,

2679

and the progress achieved in meeting the goals of the community-

2680

designed vision plan. The department must implement a process to

2681

monitor and evaluate the performance of grant recipients in

2682

completing projects that are funded through the Waterfronts

2683

Florida Program.

2684

(5) Grant proceeds shall be used solely for the purposes

2685

authorized pursuant to s. 215.618.

2686

(6) There shall be no sale, disposition, lease, easement,

2687

license, or other use of any land, water areas, or related

2688

property interests acquired or improved with grant proceeds which

2689

would cause all or any portion of the interest paid on Florida

2690

Forever bonds to lose the exclusion from gross income for federal

2691

income tax purposes.

2692

(7) All deeds or leases with respect to any real property

2693

acquired with funds received by the department from the Florida

2694

Forever Trust Fund shall contain such covenants and restrictions

2695

as are sufficient to ensure that the use of such real property at

2696

all times complies with s. 11(e), Art. VII of the State

2697

Constitution. Each deed or lease shall contain a reversion,

2698

conveyance, or termination clause that will vest title in the

2699

Board of Trustees of the Internal Improvement Trust Fund if any

2700

of the covenants or restrictions are violated by the titleholder

2701

or leaseholder or by some third party with the knowledge of the

2702

titleholder or leaseholder.

2703

Section 17. Section 342.20155, Florida Statutes, is created

2704

to read:

2705

342.20155 Rulemaking.-- The Department of Community Affairs

2706

is authorized to adopt rules pursuant to the provisions of ss.

2707

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

2708

342.201 and 342.2015.

2709

Section 18. Subsection (7) is added to section 373.089,

2710

Florida Statutes, to read:

2711

373.089 Sale or exchange of lands, or interests or rights

2712

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

2713

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

2714

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

2715

manner:

2716

(7) Notwithstanding other provisions of this section, the

2717

governing board shall first offer title to lands acquired in

2718

whole or in part with Florida Forever funds which are determined

2719

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

2720

Trustees of the Internal Improvement Trust Fund unless the

2721

disposition of those lands are for the following purposes:

2722

(a) Linear facilities, including electric transmission and

2723

distribution facilities, telecommunication transmission and

2724

distribution facilities, pipeline transmission and distribution

2725

facilities, public transportation corridors, and related

2726

appurtenances.

2727

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

2728

conservation easement is retained by the district to fulfill the

2729

conservation objectives for which the land was acquired.

2730

2731

exceed the conservation objectives for which the original land

2732

was acquired in accordance with subsection (4).

2733

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

2734

purpose.

2735

2736

In the event the Board of Trustees of the Internal Improvement

2737

Trust Fund declines to accept title to the lands offered under

2738

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

2739

the provisions of this section.

2740

Section 19. Subsection (1) of section 373.1391, Florida

2741

Statutes, is amended to read:

2742

373.1391 Management of real property.--

2743

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

2744

districts shall be managed and maintained, to the extent

2745

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

2746

access, general public recreational purposes, and restoration and

2747

protection of their natural state and condition. Except when

2748

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

2749

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

2750

for multiple purposes, including, but not limited to,

2751

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

2752

and other recreational uses.

2753

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

2754

general public for recreational uses. General public recreational

2755

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

2756

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

2757

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

2758

activities to the maximum extent possible considering the

2759

environmental sensitivity and suitability of those lands. These

2760

public lands shall be evaluated for their resource value for the

2761

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

2762

annually or seasonally, would be conducive to general public

2763

recreational purposes. Such findings shall be included in

2764

management plans which are developed for such public lands. These

2765

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

2766

unless the district governing board can demonstrate that such

2767

activities would be incompatible with the purposes for which

2768

these lands were acquired. The department in its supervisory

2769

capacity shall ensure that the districts provide consistent

2770

levels of public access to district lands, consistent with the

2771

purposes for which the lands were acquired.

2772

2773

dispute arises that has not been resolved by a water management

2774

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

2775

under chapter 120.

2776

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

2777

will be leased back for agricultural purposes, or for any

2778

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

2779

be used for agricultural purposes, the district governing board

2780

shall first consider having a soil and water conservation

2781

district created pursuant to chapter 582 manage and monitor such

2782

interest.

2783

Section 20. Subsection (4) of section 373.199, Florida

2784

Statutes, is amended to read:

2785

373.199 Florida Forever Water Management District Work

2786

Plan.--

2787

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

2788

where applicable, the following information for each project:

2789

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

2790

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

2791

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

2792

synopsis of restoration efforts that have occurred to date, if

2793

applicable.

2794

(b) An identification of all governmental units that have

2795

jurisdiction over the water body and its drainage basin within

2796

the approved surface water improvement and management plan area,

2797

including local, regional, state, and federal units.

2798

2799

drainage basin, and of important tributaries, point and nonpoint

2800

sources of pollution, and permitted discharge activities

2801

associated with that basin.

2802

(d) A description of strategies and potential strategies,

2803

including improved stormwater management, for restoring or

2804

protecting the water body to Class III or better surface water

2805

quality status. Such strategies may utilize alternative

2806

technologies for pollutant reduction, such as cost-effective

2807

biologically based, hybrid wetlands/chemical and other innovative

2808

nutrient control technologies.

2809

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

2810

have been prepared for the water body, stormwater management

2811

project, or water resource development project.

2812

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

2813

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

2814

future degradation, to manage and maintain the stormwater

2815

management system, or to manage and maintain the water resource

2816

development project.

2817

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

2818

body, implementation of the stormwater management project, or

2819

development of the water resource development project.

2820

(h) A clear and concise An estimate of the funding needed

2821

to carry out the restoration, protection, or improvement project,

2822

or the development of new water resources, where applicable, and

2823

a clear and concise identification of the projected sources and

2824

uses of Florida Forever funds of the funding.

2825

(i) Numeric performance measures for each project. Each

2826

performance measure shall include a baseline measurement, which

2827

is the current situation; a performance standard, which water

2828

management district staff anticipates the project will achieve;

2829

and the performance measurement itself, which should reflect the

2830

incremental improvements the project accomplishes towards

2831

achieving the performance standard. These measures shall reflect

2832

the relevant goals detailed in s. 259.105(4).

2833

(j) A discussion of permitting and other regulatory issues

2834

related to the project.

2835

(k) An identification of the proposed public access for

2836

projects with land acquisition components, including the Florida

2837

National Scenic Trail.

2838

(l) An identification of those lands which require a full

2839

fee simple interest to achieve water management goals and those

2840

lands which can be acquired using alternatives to fee simple

2841

acquisition techniques and still achieve such goals. In their

2842

evaluation of which lands would be appropriate for acquisition

2843

through alternatives to fee simple, district staff shall consider

2844

criteria including, but not limited to, acquisition costs, the

2845

net present value of future land management costs, the net

2846

present value of ad valorem revenue loss to the local government,

2847

and potential for revenue generated from activities compatible

2848

with acquisition objectives.

2849

(m) An identification of lands needed to protect or

2850

recharge groundwater and a plan for their acquisition as

2851

necessary to protect potable water supplies. Lands which serve to

2852

protect or recharge groundwater identified pursuant to this

2853

paragraph shall also serve to protect other valuable natural

2854

resources or provide space for natural resource based recreation.

2855

Section 21. Paragraph (e) of subsection (10) of section

2856

373.59, Florida Statutes, is amended to read:

2857

373.59 Water Management Lands Trust Fund.--

2858

(10)(a) Beginning July 1, 1999, not more than one-fourth of

2859

the funds provided for in subsections (1) and (8) in any year

2860

shall be reserved annually by a governing board, during the

2861

development of its annual operating budget, for payments in lieu

2862

of taxes for all actual tax losses incurred as a result of

2863

governing board acquisitions for water management districts

2864

pursuant to ss. 259.101, 259.105, 373.470, and this section

2865

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

2866

taxes in any year shall revert to the Water Management Lands

2867

Trust Fund to be used in accordance with the provisions of this

2868

section.

2869

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

2870

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

2871

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

2872

for such property based upon the average amount of taxes paid on

2873

the property for the 3 years prior to its being removed from the

2874

tax rolls. The water management districts shall certify to the

2875

Department of Revenue those properties that may be eligible under

2876

this provision. Once eligibility has been established, that

2877

governmental entity shall receive 10 consecutive annual payments

2878

for each tax loss until the qualifying governmental entity

2879

exceeds the population threshold pursuant to s. 259.032(12)(b).,

2880

and no further eligibility determination shall be made during

2881

that period.

2882

Section 22. Subsection (1) of section 380.5115, Florida

2883

Statutes, is amended to read:

2884

380.5115 Florida Forever Program Trust Fund of the

2885

Department of Community Affairs.--

2886

(1) There is created a Florida Forever Program Trust Fund

2887

within the Department of Community Affairs to further the

2888

purposes of this part as specified in s. 259.105(3)(c) and of s.

2889

342.2015 as specified in s. 259.105 (3)(j). The trust fund shall

2890

receive funds pursuant to s. 259.105(3)(c) and (j).

2891

Section 23. This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.