CS for CS for SB 542 Second Engrossed

2008542e2

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 the

Division of State Lands to notify the county

legislative delegation if state-owned lands within the

county are subject to annexation; 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

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disposing of surplus lands; amending s. 373.1391, F.S.;

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providing additional oversight authority to the

102

department; amending s. 373.199, F.S.; clarifying work

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plan requirements; creating s. 15.0386, F.S.;

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designating the official state tortoise; providing an

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effective date.

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

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109

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

113

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

114

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

124

issued pursuant to s. 375.051 and Florida Forever bonds issued

125

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

127

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

134

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

141

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

144

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

148

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

155

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

158

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

164

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

165

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

201

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

259

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

267

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

271

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

285

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

289

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

313

governmental agencies. The department also shall seek to promote

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standardization in the collection of information regarding state-

315

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

318

considered a final or complete accounting of lands which the

319

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

323

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,

329

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

335

which are not managed for conservation, outdoor resource-based

336

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

341

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

342

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

343

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

346

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

347

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

350

the board. The division shall review each plan for compliance

351

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

357

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

361

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

364

resources, including a description of how the manager plans to

365

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

367

appropriate statutory authority for such use or uses and shall

368

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

372

property to generate revenues to enhance the management of the

373

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

374

potential use of private land managers to facilitate the

375

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

378

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

379

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

383

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

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management plan shall provide a desired outcome, describe both

385

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

386

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

387

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

388

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

389

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

390

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:

393

1. Habitat restoration and improvement.

394

2. Public access and recreational opportunities.

395

3. Hydrological preservation and restoration.

396

4. Sustainable forest management.

397

5. Exotic and invasive species maintenance and control.

398

6. Capital facilities and infrastructure.

399

7. Cultural and historical resources.

400

8. Imperiled species habitat maintenance, enhancement,

401

restoration, or population restoration.

402

403

following elements:

404

1. A physical description of the land.

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2. A quantitative data description of the land which

406

includes an inventory of forest and other natural resources;

407

exotic and invasive plants; hydrological features;

408

infrastructure, including recreational facilities; and other

409

significant land, cultural, or historical features. The inventory

410

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

411

when appropriate. The inventory shall be of such detail that

412

objective measures and benchmarks can be established for each

413

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

414

quantitative data collected shall be aggregated, standardized,

415

collected, and presented in an electronic format to allow for

416

uniform management reporting and analysis. The information

417

collected by the Department of Environmental Protection pursuant

418

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

419

or her assignee.

420

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

421

land management goal, the associated measurable objectives, and

422

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

423

management objectives. Each land management objective must be

424

addressed by the land management plan and where practicable no

425

land management objective shall be performed to the detriment of

426

the other land management objectives.

427

4. A schedule of land management activities which contains

428

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

429

measurable objective and activities. The schedule shall include

430

for each activity a timeline for completion, quantitative

431

measures, and detailed expense and manpower budgets. The schedule

432

shall provide a management tool that facilitates development of

433

performance measures.

434

5. A summary budget for the scheduled land management

435

activities of the land management plan. For state lands

436

containing or anticipated to contain imperiled species habitat,

437

the summary budget shall include any fees anticipated from public

438

or private entities for projects to offset adverse impacts to

439

imperiled species or such habitat, which fees shall be used

440

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

441

imperiled species habitat. The summary budget shall be prepared

442

in such manner that it facilitates computing an aggregate of land

443

management costs for all state-managed lands using the categories

444

described in s. 259.037(3).

445

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

446

transmitted to the Acquisition and Restoration Council for

447

review. The Acquisition and Restoration Council shall have 90

448

days to review the plan and submit its recommendations to the

449

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

450

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

451

the Acquisition and Restoration Council taking into consideration

452

public input. If the Acquisition and Restoration Council fails

453

to make a recommendation for a land management plan, the

454

Secretary of the Department of Environmental Protection,

455

Commissioner of Agriculture, or Executive Director of the Fish

456

and Wildlife Conservation Commission or their designees shall

457

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

458

land management plan becomes effective upon approval by the Board

459

of Trustees.

460

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

461

on a rotating basis.

462

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

463

public hearing shall be held in each affected county.

464

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

465

the public an electronic copy of each land management plan for

466

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

467

Lands council shall review each plan for compliance with the

468

requirements of this subsection, the requirements of chapter 259,

469

and the requirements of the rules established by the board

470

pursuant to this section. The council shall also consider the

471

propriety of the recommendations of the managing entity with

472

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

473

fragile or nonrenewable resources, the potential for alternative

474

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

475

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

476

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

477

recommendations and comments, to the board. The council shall

478

specifically recommend to the board whether to approve the plan

479

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

480

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

481

recommendation for a land management plan, the Secretary of the

482

Department of Environmental Protection, Commissioner of

483

Agriculture, or Executive Director of the Fish and Wildlife

484

Conservation Commission or their designees shall submit the land

485

management plan to the Board of Trustees.

486

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

487

Trust Fund shall consider the land management plan submitted by

488

each entity and the recommendations of the council and the

489

Division of State Lands and shall approve the plan with or

490

without modification or reject such plan. The use or possession

491

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

492

management plan is subject to termination by the board.

493

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

494

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

495

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

496

shall make a determination that the lands are no longer needed

497

for conservation purposes and may dispose of them by an

498

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

499

exchange involving the disposition of conservation lands, the

500

board must determine by an affirmative vote of at least three

501

members that the exchange will result in a net positive

502

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

503

determination that the lands are no longer needed and may dispose

504

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

505

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

506

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

507

Preservation 2000 bonds, the Conservation and Recreation Lands

508

Trust Fund, the Water Management Lands Trust Fund,

509

Environmentally Endangered Lands Program, and the Save Our Coast

510

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

511

core parcels or within original project boundaries, shall be

512

deemed to have been acquired for conservation purposes.

513

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

514

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

515

acquisition as to those parcels that shall be designated as

516

having been acquired for conservation purposes. No lands acquired

517

for use by the Department of Corrections, the Department of

518

Management Services for use as state offices, the Department of

519

Transportation, except those specifically managed for

520

conservation or recreation purposes, or the State University

521

System or the Florida Community College System shall be

522

designated as having been purchased for conservation purposes.

523

524

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

525

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

526

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

527

purpose for which they were originally leased. For conservation

528

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

529

whether such lands should be retained in public ownership or

530

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

531

shall review such lands and shall recommend to the board whether

532

such lands should be retained in public ownership or disposed of

533

by the board.

534

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

535

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

536

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

537

the council or its successor for its recommendation as to whether

538

such lands should be disposed of by the board.

539

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

540

the Acquisition and Restoration Council shall review and make

541

recommendations to the board concerning the request for

542

surplusing. The council shall determine whether the request for

543

surplusing is compatible with the resource values of and

544

management objectives for such lands.

545

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

546

shall consider whether such lands would be more appropriately

547

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

548

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

549

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

550

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

551

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

552

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

553

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

554

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

555

public schools; public libraries; fire or law enforcement

556

substations; governmental, judicial, or recreational centers; and

557

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

558

or local government requests for surplus lands shall be expedited

559

throughout the surplusing process. If the county or local

560

government does not elect to purchase such lands in accordance

561

with s. 253.111, then any surplusing determination involving

562

other governmental agencies shall be made upon the board deciding

563

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

564

governmental agencies have expressed no interest shall then be

565

available for sale on the private market.

566

2. Notwithstanding subparagraph 1., any parcel of surplus

567

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

568

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

569

from a fair association incorporated under chapter 616 for the

570

purpose of conducting and operating public fairs or expositions,

571

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

572

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

573

for reconveyance to such fair association for no consideration;

574

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

575

management of such lands may remove from the lands any

576

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

577

days after the effective date of the reconveyance. This

578

subparagraph expires July 1, 2008.

579

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

580

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

581

the division and shall take into consideration an appraisal of

582

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

583

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

584

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

585

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

586

sole discretion, may require a second appraisal. The individual

587

or entity requesting to purchase the surplus parcel shall pay all

588

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

589

acquire the lands.

590

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

591

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

592

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

593

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

594

the State Constitution until 2 weeks before the contract or

595

agreement regarding the purchase, exchange, or disposal of the

596

surplus land is first considered for approval by the board.

597

Notwithstanding the exemption provided under this subparagraph,

598

the division may disclose appraisals, valuations, or valuation

599

information regarding surplus land during negotiations for the

600

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

601

bidding process associated with the sale, disposal, or exchange

602

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

603

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

604

when negotiations or marketing efforts concerning the land are

605

concluded.

606

b. This subparagraph is subject to the Open Government

607

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

608

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

609

repeal through reenactment by the Legislature.

610

2. A unit of government that acquires title to lands

611

hereunder for less than appraised value may not sell or transfer

612

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

613

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

614

or sell lands pursuant to this paragraph shall first allow the

615

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

616

the board sold such lands.

617

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

618

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

619

no monetary consideration was exchanged, the price of land sold

620

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

621

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

622

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

623

requesting the surplus shall select and use appraisers from the

624

list of approved appraisers maintained by the Division of State

625

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

626

entity requesting the surplus is to incur all costs of the

627

appraisals.

628

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

629

the board shall determine whether lands identified for surplus

630

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

631

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

632

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

633

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

634

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

635

expiration of the notice provisions required under this

636

subsection and s. 253.111.

637

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

638

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

639

lead managing agency for review and recommendation to the council

640

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

641

review such requests and make recommendations. Any surplusing

642

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

643

period shall be immediately scheduled for hearing at the next

644

regularly scheduled meeting of the council or its successor.

645

Requests for surplusing pursuant to this paragraph shall not be

646

required to be offered to local or state governments as provided

647

in paragraph (f).

648

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

649

this subsection shall be deposited into the fund from which such

650

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

651

were originally acquired no longer exists, such proceeds shall be

652

deposited into an appropriate account to be used for land

653

management by the lead managing agency assigned the lands prior

654

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

655

of surplus nonconservation lands, or lands that were acquired by

656

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

657

into the Internal Improvement Trust Fund.

658

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

659

no such disposition of land shall be made if such disposition

660

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

661

interest on any revenue bonds issued to lose the exclusion from

662

gross income for federal income tax purposes.

663

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

664

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

665

council or its successor.

666

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

667

provisions of this section, which may include procedures for

668

administering surplus land requests and criteria for when the

669

division may approve requests to surplus nonconservation lands on

670

behalf of the board.

671

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

672

the Division of State Lands is directed to prepare a state

673

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

674

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

675

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

676

development of the state inventory, each county shall direct the

677

appropriate county office with authority over the information to

678

provide the division with a county inventory of all lands

679

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

680

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

681

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

682

conservation lands as water recharge areas and air filters and,

683

in an effort to better understand the scientific underpinnings of

684

carbon sequestration, carbon capture, and greenhouse gas

685

mitigation, to inform policymakers and decisionmakers, and to

686

provide the infrastructure for land owners, the Division of State

687

Lands shall contract with an organization experienced and

688

specialized in carbon sinks and emission budgets to conduct an

689

inventory of all lands that were acquired pursuant to

690

Preservation 2000 and Florida Forever and that were titled in the

691

name of the Board of Trustees of the Internal Improvement Trust

692

Fund. The inventory shall determine the value of carbon capture

693

and carbon sequestration. Such inventory shall consider potential

694

carbon offset values of changes in land management practices,

695

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

696

prescribed burns, and land use conversion. Such an inventory

697

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

698

1, 2009.

699

(b) The state inventory must distinguish between lands

700

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

701

a core parcel or within original project boundaries, as those

702

terms are used to meet the surplus requirements of subsection

703

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

704

management district which are not essential or necessary for

705

conservation purposes.

706

707

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

708

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

709

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

710

the county boundary are federal lands and lands titled in the

711

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

712

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

713

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

714

meet conservation purposes may, upon request of a public or

715

private entity, be made available for purchase through the

716

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

717

or anticipated transportation facilities are exempt from the

718

requirements of this paragraph. Priority consideration shall be

719

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

720

property to productive use so long as the property can be

721

reentered onto the county ad valorem tax roll. Property acquired

722

with matching funds from a local government shall not be made

723

available for purchase without the consent of the local

724

government.

725

(d) If state-owned lands are subject to annexation

726

procedures, the Division of State Lands must notify the county

727

legislative delegation of the county in which the land is

728

located.

729

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

730

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

731

House of Representatives on the efficacy of using state-owned

732

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

733

imperiled species. This subsection expires July 1, 2014.

734

Section 6. Section 253.0341, Florida Statutes, is amended

735

to read:

736

253.0341 Surplus of state-owned lands to counties or local

737

governments.--Counties and local governments may submit

738

surplusing requests for state-owned lands directly to the board

739

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

740

surplus conservation or nonconservation lands, whether for

741

purchase or exchange, shall be expedited throughout the

742

surplusing process. Property jointly acquired by the state and

743

other entities shall not be surplused without the consent of all

744

joint owners.

745

(1) The decision to surplus state-owned nonconservation

746

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

747

recommendation on, the request from the Acquisition and

748

Restoration Council or the Division of State Lands. Such requests

749

for nonconservation lands shall be considered by the board within

750

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

751

(2) County or local government requests for the surplusing

752

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

753

recommendation on, the request to the board by the Acquisition

754

and Restoration Council. Requests to surplus conservation lands

755

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

756

receipt of the request.

757

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

758

specifically declared surplus lands for the purpose of providing

759

alternative water supply and water resource development projects

760

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

761

and police facilities, and affordable housing. The request shall

762

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

763

nonconservation lands or subsection (2) if the lands are

764

conservation lands. Surplus lands that are conveyed to a local

765

government for affordable housing shall be disposed of by the

766

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

767

166.0451.

768

(4) Notwithstanding the requirements of this section and

769

the requirements of s. 253.034 which provides a surplus process

770

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

771

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

772

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

773

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

774

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

775

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

776

contain restrictions that limit the use of the property for the

777

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

778

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

779

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

780

Public Defender who apply for and meet the income qualifications

781

for workforce housing shall receive preference over other

782

qualified applicants.

783

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

784

Statutes, is amended to read:

785

253.111 Notice to board of county commissioners before

786

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

787

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

788

unless and until they afford an opportunity to the county in

789

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

790

terms and conditions:

791

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

792

is given to the board of county commissioners pursuant to

793

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

794

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

795

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

796

established by generally accepted professional standards for real

797

estate appraisal and subject to such other terms and conditions

798

as the board determines.

799

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

800

253.82, Florida Statutes, is amended to read:

801

253.82 Title of state or private owners to Murphy Act

802

lands.--

803

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

804

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

805

other nonsovereignty lands owned by the board. However, any

806

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

807

Trustees of the Internal Improvement Trust Fund pursuant to this

808

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

809

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

810

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

811

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

812

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

813

of such land shall be deposited into the Internal Improvement

814

Trust Fund. The Board of Trustees of the Internal Improvement

815

Trust Fund is authorized to adopt rules to implement the

816

provisions of this subsection.

817

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

818

read:

819

259.032 Conservation and Recreation Lands Trust Fund;

820

purpose.--

821

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

822

state shall be assured public ownership of natural areas for

823

purposes of maintaining this state's unique natural resources;

824

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

825

development to meet the needs of natural systems and citizens of

826

this state; promoting restoration activities on public lands; and

827

providing lands for natural resource based recreation. In

828

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

829

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

830

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

831

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

832

Legislature, with regard to the lands described in paragraph

833

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

834

restoration, and management of such lands in or near counties

835

exhibiting the greatest concentration of population and, with

836

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

837

priority be given to acquiring lands or rights or interests in

838

lands that advance the goals and objectives of the Fish and

839

Wildlife Conservation Commission's approved species or habitat

840

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

841

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

842

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

843

successor, cannot be adequately protected by application of land

844

development regulations adopted pursuant to s. 380.05. Finally,

845

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

846

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

847

protect or restore their natural resource values, and provide the

848

greatest benefit, including public access, to the citizens of

849

this state.

850

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

851

established within the Department of Environmental Protection.

852

The fund shall be used as a nonlapsing, revolving fund

853

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

854

credited with proceeds from the following excise taxes:

855

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

856

and

857

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

858

provided in s. 211.3103.

859

860

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

861

proceeds from such taxes as provided in this paragraph.

862

(b) There shall annually be transferred from the

863

Conservation and Recreation Lands Trust Fund to the Land

864

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

865

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

866

fund debt service reserve funds, rebate obligations, or other

867

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

868

acquire lands on the established priority list developed pursuant

869

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

870

the Land Acquisition Trust Fund pursuant to this paragraph, or

871

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

872

service on the Save Our Coast revenue bonds. Amounts transferred

873

annually from the Conservation and Recreation Lands Trust Fund to

874

the Land Acquisition Trust Fund pursuant to this paragraph shall

875

have the highest priority over other payments or transfers from

876

the Conservation and Recreation Lands Trust Fund, and no other

877

payments or transfers shall be made from the Conservation and

878

Recreation Lands Trust Fund until such transfers to the Land

879

Acquisition Trust Fund have been made. Moneys in the Conservation

880

and Recreation Lands Trust Fund also shall be used to manage

881

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

882

pursuant to the provisions of this section.

883

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

884

Trustees of the Internal Improvement Trust Fund, may allocate

885

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

886

lesser interest in lands for the following public purposes:

887

(a) To conserve and protect environmentally unique and

888

irreplaceable lands that contain native, relatively unaltered

889

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

890

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

891

(b) To conserve and protect lands within designated areas

892

of critical state concern, if the proposed acquisition relates to

893

the natural resource protection purposes of the designation;

894

895

endangered or threatened species, emphasizing long-term

896

protection for endangered or threatened species designated G-1 or

897

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

898

areas that are special locations for breeding and reproduction;

899

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

900

ecosystems, landscapes, and forests, if the protection and

901

conservation of such lands is necessary to enhance or protect

902

significant surface water, groundwater, coastal, recreational,

903

timber, or fish or wildlife resources which cannot otherwise be

904

accomplished through local and state regulatory programs;

905

(e) To promote water resource development that benefits

906

natural systems and citizens of the state;

907

(f) To facilitate the restoration and subsequent health and

908

vitality of the Florida Everglades;

909

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

910

natural resource based recreation and other outdoor recreation on

911

any part of any site compatible with conservation purposes;

912

(h) To preserve significant archaeological or historic

913

sites; or

914

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

915

outdoor recreation which are compatible with conservation

916

purposes; or.

917

(j) To preserve agricultural lands under threat of

918

conversion to development through less-than-fee acquisitions.

919

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

920

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

921

historic or archaeological sites, geologic or botanical sites,

922

recreational trails, forests, wilderness areas, wildlife

923

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

924

recreation or conservation lands; or they shall qualify for such

925

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

926

governmental agencies or nonstate entities as provided for in

927

this section.

928

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

929

moneys may be transferred from the Conservation and Recreation

930

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

931

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

932

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

933

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

934

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

935

maintenance of a natural areas inventory to aid in the

936

identification of areas to be acquired pursuant to this section.

937

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

938

incurred under this section shall be deposited with the Chief

939

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

940

in the manner provided by law. Interest received on such

941

investments shall be credited to the Conservation and Recreation

942

Lands Trust Fund.

943

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

944

necessary to accomplish the purposes of this section. The lead

945

land managing agencies designated by the board of trustees also

946

are directed by the Legislature to enter into contracts or

947

interagency agreements with other governmental entities,

948

including local soil and water conservation districts, or private

949

land managers who have the expertise to perform specific

950

management activities which a lead agency lacks, or which would

951

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

952

not be limited to, controlled burning, road and ditch

953

maintenance, mowing, and wildlife assessments.

954

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

955

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

956

rules and shall be acquired in accordance with acquisition

957

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

958

otherwise provided by the Legislature. An inholding or an

959

addition to a project selected for purchase pursuant to this

960

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

961

if the estimated value of such inholding or addition does not

962

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

963

project has been purchased pursuant to this chapter, the project

964

may be removed from the list and the remaining acreage may

965

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

966

title work, appraisal fees, environmental audits, and survey

967

costs related to acquisition expenses for lands to be acquired,

968

donated, or exchanged which qualify under the categories of this

969

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

970

authorized the Department of Environmental Protection to condemn

971

a specific parcel of land and such parcel has already been

972

approved for acquisition under this section, the land may be

973

acquired in accordance with the provisions of chapter 73 or

974

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

975

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

976

associated with condemnation.

977

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

978

shall be:

979

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

980

combination of benefits to the public and to the resources.

981

(b) Managed for public outdoor recreation which is

982

compatible with the conservation and protection of public lands.

983

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

984

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

985

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

986

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

987

jogging, and other related outdoor activities compatible with the

988

purposes for which the lands were acquired.

989

990

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

991

(d) Concurrent with its adoption of the annual Conservation

992

and Recreation Lands list of acquisition projects pursuant to s.

993

259.035, the board of trustees shall adopt a management

994

prospectus for each project. The management prospectus shall

995

delineate:

996

1. The management goals for the property;

997

2. The conditions that will affect the intensity of

998

management;

999

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

1000

property, if appropriate;

1001

4. A timetable for implementing the various stages of

1002

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

1003

5. A description of potential multiple-use activities as

1004

described in this section and s. 253.034;

1005

6. Provisions for protecting existing infrastructure and

1006

for ensuring the security of the project upon acquisition;

1007

7. The anticipated costs of management and projected

1008

sources of revenue, including legislative appropriations, to fund

1009

management needs; and

1010

8. Recommendations as to how many employees will be needed

1011

to manage the property, and recommendations as to whether local

1012

governments, volunteer groups, the former landowner, or other

1013

interested parties can be involved in the management.

1014

(e) Concurrent with the approval of the acquisition

1015

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

1016

except those lands being acquired under the provisions of s.

1017

259.1052, the board of trustees shall designate an agency or

1018

agencies to manage such lands. The board shall evaluate and

1019

amend, as appropriate, the management policy statement for the

1020

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

1021

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

1022

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

1023

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

1024

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

1025

Trustees of the Internal Improvement Trust Fund shall first

1026

consider having a soil and water conservation district, created

1027

pursuant to chapter 582, manage and monitor such interests.

1028

(f) State agencies designated to manage lands acquired

1029

under this chapter except those lands acquired under s. 259.1052

1030

may contract with local governments and soil and water

1031

conservation districts to assist in management activities,

1032

including the responsibility of being the lead land manager. Such

1033

land management contracts may include a provision for the

1034

transfer of management funding to the local government or soil

1035

and water conservation district from the Conservation and

1036

Recreation Lands Trust Fund in an amount adequate for the local

1037

government or soil and water conservation district to perform its

1038

contractual land management responsibilities and proportionate to

1039

its responsibilities, and which otherwise would have been

1040

expended by the state agency to manage the property.

1041

(g) Immediately following the acquisition of any interest

1042

in lands under this chapter, the Department of Environmental

1043

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

1044

to the lead managing entity an interim assignment letter to be

1045

effective until the execution of a formal lease.

1046

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

1047

private entities designated to manage lands under this section

1048

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

1049

trustees, an individual management plan for each project designed

1050

to conserve and protect such lands and their associated natural

1051

resources. Private sector involvement in management plan

1052

development may be used to expedite the planning process.

1053

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

1054

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

1055

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

1056

a minimum, representatives of the lead land managing agency,

1057

comanaging entities, local private property owners, the

1058

appropriate soil and water conservation district, a local

1059

conservation organization, and a local elected official. The

1060

advisory group shall conduct at least one public hearing within

1061

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

1062

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

1063

least one areawide public hearing shall be acceptable and the

1064

lead managing agency shall invite a local elected official from

1065

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

1066

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

1067

public hearing shall be posted on the parcel or project

1068

designated for management, advertised in a paper of general

1069

circulation, and announced at a scheduled meeting of the local

1070

governing body before the actual public hearing. The management

1071

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

1072

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

1073

public hearing.

1074

1075

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

1076

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

1077

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

1078

advisory group. Such plans may include transfers of leasehold

1079

interests to appropriate conservation organizations or

1080

governmental entities designated by the Land Acquisition and

1081

Management Advisory Council or its successor, for uses consistent

1082

with the purposes of the organizations and the protection,

1083

preservation, conservation, restoration, and proper management of

1084

the lands and their resources. Volunteer management assistance is

1085

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

1086

participating in programs sponsored by state or local agencies,

1087

by volunteers sponsored by environmental or civic organizations,

1088

and by individuals participating in programs for committed

1089

delinquents and adults.

1090

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

1091

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

1092

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

1093

parcels identified in the priority list developed pursuant to ss.

1094

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

1095

Environmental Protection shall distribute only 75 percent of the

1096

acquisition funds to which a budget entity or water management

1097

district would otherwise be entitled from the Preservation 2000

1098

Trust Fund to any budget entity or any water management district

1099

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

1100

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

1101

individual management plan for the Babcock Crescent B Ranch being

1102

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

1103

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

1104

following the date of acquisition by the state.

1105

(e) Individual management plans shall conform to the

1106

appropriate policies and guidelines of the state land management

1107

plan and shall include, but not be limited to:

1108

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

1109

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

1110

the statutory authority for such use or uses.

1111

2. Key management activities necessary to achieve the

1112

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

1113

access, preserving and protecting natural resources, protecting

1114

cultural and historical resources, restoring habitat, protecting

1115

threatened and endangered species, controlling the spread of

1116

nonnative plants and animals, performing prescribed fire

1117

activities, and other appropriate resource management. to

1118

preserve and protect natural resources and restore habitat, and

1119

for controlling the spread of nonnative plants and animals, and

1120

for prescribed fire and other appropriate resource management

1121

activities.

1122

3. A specific description of how the managing agency plans

1123

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

1124

fragile, nonrenewable natural and cultural resources.

1125

4. A priority schedule for conducting management

1126

activities, based on the purposes for which the lands were

1127

acquired.

1128

5. A cost estimate for conducting priority management

1129

activities, to include recommendations for cost-effective methods

1130

of accomplishing those activities.

1131

6. A cost estimate for conducting other management

1132

activities which would enhance the natural resource value or

1133

public recreation value for which the lands were acquired. The

1134

cost estimate shall include recommendations for cost-effective

1135

methods of accomplishing those activities.

1136

7. A determination of the public uses and public access

1137

that would be consistent with the purposes for which the lands

1138

were acquired.

1139

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

1140

individual management plan for parcels which exceed 160 acres in

1141

size to each member of the Acquisition and Restoration Council

1142

Land Acquisition and Management Advisory Council or its

1143

successor, which shall:

1144

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

1145

review each plan for compliance with the requirements of this

1146

subsection and with the requirements of the rules established by

1147

the board pursuant to this subsection.

1148

2. Consider the propriety of the recommendations of the

1149

managing agency with regard to the future use or protection of

1150

the property.

1151

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

1152

recommendations and comments, to the board of trustees, with

1153

recommendations as to whether to approve the plan as submitted,

1154

approve the plan with modifications, or reject the plan.

1155

(g) The board of trustees shall consider the individual

1156

management plan submitted by each state agency and the

1157

recommendations of the Acquisition and Restoration Council Land

1158

Acquisition and Management Advisory Council, or its successor,

1159

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

1160

or without modification or reject such plan. The use or

1161

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

1162

not in accordance with an approved individual management plan is

1163

subject to termination by the board of trustees.

1164

1165

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

1166

entity designated to manage lands shall report to the Secretary

1167

of Environmental Protection on the progress of funding, staffing,

1168

and resource management of every project for which the agency or

1169

entity is responsible.

1170

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

1171

pursuant to this chapter serves the public interest by protecting

1172

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

1173

health and welfare, providing areas for natural resource based

1174

recreation, and ensuring the survival of unique and irreplaceable

1175

plant and animal species. The Legislature intends for these lands

1176

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

1177

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

1178

lands where it is consistent with acquisition purposes and would

1179

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

1180

public's behalf.

1181

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

1182

cumulative total of funds ever deposited into the Florida

1183

Preservation 2000 Trust Fund and the Florida Forever Trust Fund

1184

shall be made available for the purposes of management,

1185

maintenance, and capital improvements not eligible for funding

1186

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

1187

associated contractual services, for lands acquired pursuant to

1188

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

1189

programs for the acquisition of lands for conservation and

1190

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

1191

the board of trustees and other conservation and recreation lands

1192

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

1193

transferred annually to the Plant Industry Trust Fund within the

1194

Department of Agriculture and Consumer Services for the purpose

1195

of implementing the Endangered or Threatened Native Flora

1196

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

1197

agency with management responsibilities shall annually request

1198

from the Legislature funds sufficient to fulfill such

1199

responsibilities to implement individual management plans. For

1200

the purposes of this paragraph, capital improvements shall

1201

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

1202

firelanes, access roads and trails, and minimal public

1203

accommodations, such as primitive campsites, garbage receptacles,

1204

and toilets. Any equipment purchased with funds provided pursuant

1205

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

1206

paragraph on any conservation and recreation lands managed by a

1207

state agency. The funding requirement created in this paragraph

1208

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

1209

ensure that such requirement does not impact the respective trust

1210

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

1211

other minimum requirements.

1212

1213

prepare and deliver a report on the methodology and formula for

1214

allocating land management funds to the Acquisition and

1215

Restoration Council. The Acquisition and Restoration Council

1216

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

1217

Board of Trustees of the Internal Improvement Trust Fund. The

1218

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

1219

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

1220

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

1221

provides an interim management formula and a long-term management

1222

formula, and the methodologies used to develop the formulas,

1223

which shall be used to allocate land management In requesting

1224

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

1225

management of all lands managed acquisitions pursuant to this

1226

chapter and for associated contractual services. The methodology

1227

and formula for interim management shall be based on the

1228

estimated land acquisitions for the fiscal year in which the

1229

interim funds will be expended. The methodology and formula for

1230

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

1231

following, the managing agencies shall recognize the following

1232

categories of land management needs:

1233

1. The assignment of management intensity associated with

1234

managed habitats and natural communities and the related

1235

management activities to achieve land management goals provided

1236

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

1237

a. The acres of land that require minimal effort for

1238

resource preservation or restoration.

1239

b. The acres of land that require moderate effort for

1240

resource preservation or restoration.

1241

c. The acres of land that require significant effort for

1242

resource preservation or restoration.

1243

2. The assignment of management intensity associated with

1244

public access, including, but not limited to:

1245

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

1246

no more than minimally developed facilities;

1247

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

1248

and offer highly developed facilities; and

1249

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

1250

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

1251

public use.

1252

3. The acres of land that have a secondary manager

1253

contributing to the over-all management effort.

1254

4. The anticipated revenues generated from management of

1255

the lands.

1256

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

1257

multiple-use management strategies.

1258

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

1259

invasive plants, animals, or fish.

1260

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

1261

resource management and protection, such as state reserves, state

1262

preserves, state forests, and wildlife management areas. These

1263

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

1264

minimum facilities development.

1265

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

1266

than basic resource management and protection, such as state

1267

parks and state recreation areas. These lands generally have

1268

extra restoration or protection needs, higher concentrations of

1269

public use, or more highly developed facilities.

1270

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

1271

requiring unique site-specific resource management and

1272

protection. These lands generally are sites with historic

1273

significance, unique natural features, or very high intensity

1274

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

1275

protect resources, such as lands with heavy infestations of

1276

nonnative, invasive plants.

1277

1278

In evaluating the management funding needs of lands based on the

1279

above categories, the lead land managing agencies shall include

1280

in their considerations the impacts of, and needs created or

1281

addressed by, multiple-use management strategies. The funding

1282

formulas for interim and long-term management proposed by the

1283

agencies shall be reviewed by the Legislature during the 2009

1284

regular legislative session. The Legislature may reject, modify,

1285

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

1286

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

1287

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

1288

(d) All revenues generated through multiple-use management

1289

or compatible secondary-use management shall be returned to the

1290

lead agency responsible for such management and shall be used to

1291

pay for management activities on all conservation, preservation,

1292

and recreation lands under the agency's jurisdiction. In

1293

addition, such revenues shall be segregated in an agency trust

1294

fund and shall remain available to the agency in subsequent

1295

fiscal years to support land management appropriations. For the

1296

purposes of this paragraph, compatible secondary-use management

1297

shall be those activities described in subsection (9) undertaken

1298

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

1299

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

1300

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

1301

management of acquisitions and for associated contractual

1302

services, to ensure the conservation and protection of natural

1303

resources on project sites and to allow limited public

1304

recreational use of lands. Interim management activities may

1305

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

1306

invasive, nonnative species, habitat restoration, fencing, law

1307

enforcement, controlled burning, and public access consistent

1308

with preliminary determinations made pursuant to paragraph

1309

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

1310

available immediately upon purchase.

1311

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

1312

for the control and removal of nonnative, invasive plant species

1313

on public lands. Such goals shall differentiate between aquatic

1314

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

1315

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

1316

impede or destroy the functioning of natural systems.

1317

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

1318

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

1319

receiving those funds for control and removal of nonnative,

1320

invasive species on public lands.

1321

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

1322

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

1323

deposited into the Florida Preservation 2000 Trust Fund and the

1324

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

1325

fiscal year for the construction of replacement museum

1326

facilities. This paragraph expires July 1, 2007.

1327

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

1328

available sufficient funds annually from the Conservation and

1329

Recreation Lands Trust Fund to the department for payment in lieu

1330

of taxes to qualifying counties and local governments as defined

1331

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

1332

of board of trustees acquisitions for state agencies under the

1333

Florida Forever program or the Florida Preservation 2000 program

1334

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

1335

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

1336

management in accordance with the provisions of this section.

1337

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

1338

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

1339

fewer. Population levels shall be determined pursuant to s.

1340

11.031.

1341

2. To all local governments located in eligible counties.

1342

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

1343

prison leased to the state has recently been opened and where

1344

privately owned and operated juvenile justice facilities leased

1345

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

1346

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

1347

tax revenue, which funds have already been appropriated and

1348

allocated from the Department of Correction's budget for the

1349

purpose of reimbursing amounts equal to lost ad valorem taxes.

1350

1351

full payments to all qualifying counties and local governments,

1352

such counties and local governments shall receive a pro rata

1353

share of the moneys available.

1354

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

1355

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

1356

acquisition. Applications for payment in lieu of taxes shall be

1357

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

1358

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

1359

were exempt from ad valorem taxation for the year immediately

1360

preceding acquisition.

1361

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

1362

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

1363

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

1364

made for such property based upon the average amount of taxes

1365

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

1366

from the tax rolls. The department shall certify to the

1367

Department of Revenue those properties that may be eligible under

1368

this provision. Once eligibility has been established, that

1369

county or local government shall receive 10 consecutive annual

1370

payments for each tax loss until the qualifying county or local

1371

government exceeds the population threshold pursuant to this

1372

section, and no further eligibility determination shall be made

1373

during that period.

1374

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

1375

shall be made annually to qualifying counties and local

1376

governments after certification by the Department of Revenue that

1377

the amounts applied for are reasonably appropriate, based on the

1378

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

1379

assistance of the local government requesting payment in lieu of

1380

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

1381

preparing and submitting application requests for payment to the

1382

Department of Revenue for certification.

1383

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

1384

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

1385

taxes on the land made to the local government shall be

1386

discontinued as of the date of the conveyance.

1387

1388

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

1389

municipalities, the county school board, mosquito control

1390

districts, and any other local government entity which levies ad

1391

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

1392

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

1393

used for management, maintenance, or capital improvements

1394

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

1395

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

1396

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

1397

this section.

1398

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

1399

define the categories of land for acquisition under this chapter.

1400

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

1401

the owner of a property on the Conservation and Recreation Lands

1402

list or the priority list established pursuant to s. 259.105

1403

objecting to the property being included in an acquisition

1404

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

1405

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

1406

acquisition work plan, the board of trustees shall delete the

1407

property from the list or from the boundary of an acquisition

1408

project on the list.

1409

Section 10. Section 259.035, Florida Statutes, is amended

1410

to read:

1411

259.035 Acquisition and Restoration Council.--

1412

(1) There is created the Acquisition and Restoration

1413

Council.

1414

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

1415

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

1416

these four appointees, three shall be from scientific disciplines

1417

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

1418

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

1419

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

1420

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

1421

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

1422

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

1423

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

1424

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

1425

paragraph.

1426

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

1427

Secretary of Environmental Protection, the director of the

1428

Division of Forestry of the Department of Agriculture and

1429

Consumer Services, the executive director of the Fish and

1430

Wildlife Conservation Commission, the director of the Division of

1431

Historical Resources of the Department of State, and the

1432

secretary of the Department of Community Affairs, or their

1433

respective designees.

1434

1435

Agriculture with a discipline related to agriculture including

1436

silviculture. One member shall be appointed by the Fish and

1437

Wildlife Conservation Commission with a discipline related to

1438

wildlife management or wildlife ecology.

1439

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

1440

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

1441

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

1442

request of the chair.

1443

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

1444

provide primary staff support to the council and shall ensure

1445

that council meetings are electronically recorded. Such recording

1446

shall be preserved pursuant to chapters 119 and 257.

1447

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

1448

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

1449

of this section.

1450

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

1451

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

1452

pursuant to paragraph (c) by the Governor shall receive

1453

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

1454

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

1455

attend council including attendance at meetings, as allowed state

1456

officers and employees while in the performance of their duties,

1457

pursuant to s. 112.061.

1458

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

1459

trustees in reviewing the recommendations and plans for state-

1460

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

1461

shall, in reviewing such recommendations and plans, consider the

1462

optimization of multiple-use and conservation strategies to

1463

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

1464

and 259.105(3)(b).

1465

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

1466

board of trustees, until it develops and recommends amendments to

1467

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

1468

eligible for the Conservation and Recreation Lands list pursuant

1469

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

1470

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

1471

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

1472

Council shall develop rules defining specific criteria and

1473

numeric performance measures needed for lands that are to be

1474

acquired for public purpose under the Florida Forever program

1475

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

1476

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

1477

rules shall be reviewed and adopted by the board then submitted

1478

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

1479

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

1480

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

1481

implemented. Subsequent to their approval, each recipient of

1482

Florida Forever funds shall annually report to the Division of

1483

State Lands on each of the numeric performance measures

1484

accomplished during the previous fiscal year.

1485

1486

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

1487

of trustees shall review the recommendations and shall adopt

1488

rules necessary to administer this section.

1489

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

1490

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

1491

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

1492

Any member of the council who by family or a business

1493

relationship has a connection with all or a portion of any

1494

proposed project shall declare the interest before voting on its

1495

inclusion on a list.

1496

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

1497

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

1498

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

1499

consider and evaluate in writing the merits and demerits of each

1500

project that is proposed for Conservation and Recreation Lands,

1501

Florida Preservation 2000, or Florida Forever funding and shall

1502

ensure that each proposed project will meet a stated public

1503

purpose for the restoration, conservation, or preservation of

1504

environmentally sensitive lands and water areas or for providing

1505

outdoor recreational opportunities. The council also shall

1506

determine whether the project conforms, where applicable, with

1507

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

1508

comprehensive multipurpose outdoor recreation plan developed

1509

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

1510

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

1511

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

1512

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

1513

Section 11. Section 259.037, Florida Statutes, is amended

1514

to read:

1515

259.037 Land Management Uniform Accounting Council.--

1516

(1) The Land Management Uniform Accounting Council is

1517

created within the Department of Environmental Protection and

1518

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

1519

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

1520

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

1521

of the Office of Greenways and Trails of the Department of

1522

Environmental Protection; the director of the Division of

1523

Forestry of the Department of Agriculture and Consumer Services;

1524

the executive director of the Fish and Wildlife Conservation

1525

Commission; and the director of the Division of Historical

1526

Resources of the Department of State, or their respective

1527

designees. Each state agency represented on the council shall

1528

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

1529

the foregoing order of state agencies. The agency of the

1530

representative serving as chair of the council shall provide

1531

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

1532

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

1533

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

1534

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

1535

Program Policy Analysis and Government Accountability, or their

1536

designees, shall advise the council to ensure that appropriate

1537

accounting procedures are utilized and that a uniform method of

1538

collecting and reporting accurate costs of land management

1539

activities are created and can be used by all agencies.

1540

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

1541

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

1542

may not be assigned to more than one category. Administrative

1543

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

1544

other management activities. Specific management activities and

1545

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

1546

following categories:

1547

1.(a) Resource management.

1548

2.(b) Administration.

1549

3. Support.

1550

4. Capital improvements.

1551

5. Recreation visitor services.

1552

6. Law enforcement activities.

1553

1554

(d) Facility maintenance.

1555

1556

Upon adoption of the initial list of land management categories

1557

by the council, agencies assigned to manage conservation or

1558

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

1559

land management costs in accordance with the category to which an

1560

expenditure is assigned.

1561

(b) Each reporting agency shall also:

1562

1. Include a report of the available public use

1563

opportunities for each management unit of state land, the total

1564

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

1565

associated with each use option.

1566

2. List the acres of land requiring minimal management

1567

effort, moderate management effort, and significant management

1568

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

1569

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

1570

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

1571

of funds expended for land management.

1572

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

1573

preserve, forest, reserve, or management area.

1574

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

1575

for each state lands management unit for which secondary

1576

management activities were provided.

1577

5. Include a report of the estimated calculable financial

1578

benefits to the public for the ecosystem services provided by

1579

conservation lands, based on the best readily available

1580

information or science that provides a standard measurement

1581

methodology to be consistently applied by the land managing

1582

agencies. Such information may include, but need not be limited

1583

to, the value of natural lands for protecting the quality and

1584

quantity of drinking water through natural water filtration and

1585

recharge, contributions to protecting and improving air quality,

1586

benefits to agriculture through increased soil productivity and

1587

preservation of biodiversity, and savings to property and lives

1588

through flood control.

1589

(4) The council shall report agencies' expenditures

1590

pursuant to the adopted categories to the President of the Senate

1591

and the Speaker of the House of Representatives annually,

1592

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

1593

report to the Acquisition and Restoration Council and the

1594

division for inclusion in its annual report required pursuant to

1595

s. 259.036 s. 259.105.

1596

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

1597

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

1598

call of the chair.

1599

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

1600

operational report for each management area along with an

1601

approved management plan. The report should assess the progress

1602

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

1603

approved management plan, including all land management

1604

activities, and identify any deficiencies in management and

1605

corrective actions to address identified deficiencies as

1606

appropriate. This report shall be submitted to the Acquisition

1607

and Restoration Council and the division for inclusion in its

1608

annual report required pursuant to s. 259.036.

1609

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

1610

Florida Statutes, are amended to read:

1611

259.041 Acquisition of state-owned lands for preservation,

1612

conservation, and recreation purposes.--

1613

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

1614

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

1615

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

1616

unless and until the agreement has been reviewed and approved by

1617

the Department of Environmental Protection as complying with the

1618

requirements of this section and any rules adopted pursuant to

1619

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

1620

agreement shall be submitted to and approved by the board of

1621

trustees:

1622

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

1623

value as established pursuant to the rules of the board of

1624

trustees;

1625

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

1626

acquiring agency exceeds $1 million;

1627

1628

1629

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

1630

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

1631

projects where title to the property being acquired is considered

1632

nonmarketable or is encumbered in such a way as to significantly

1633

affect its management.

1634

1635

Where approval of the board of trustees is required pursuant to

1636

this subsection, the acquiring agency must provide a

1637

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

1638

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

1639

required for projects the department recommends acquiring

1640

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

1641

agreements for acquisitions for Florida Greenways and Trails

1642

Program properties pursuant to chapter 260 may be waived by the

1643

department in any contract with nonprofit corporations that have

1644

agreed to assist the department with this program. If the

1645

contribution of the acquiring agency exceeds $100 million in any

1646

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

1647

by the Legislative Budget Commission.

1648

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

1649

applicable, the Department of Environmental Protection, of any

1650

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

1651

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

1652

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

1653

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

1654

follows:

1655

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

1656

for determining the value of parcels sought to be acquired by

1657

state agencies pursuant to this section.

1658

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

1659

appraisal. Two appraisals are required when the estimated value

1660

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

1661

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

1662

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

1663

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

1664

Lands finds that the cost of obtaining an outside appraisal is

1665

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

1666

1667

the agency proposing the acquisition. The board of trustees shall

1668

approve qualified fee appraisal organizations. All appraisals

1669

used for the acquisition of lands pursuant to this section shall

1670

be prepared by a member of an approved appraisal organization or

1671

by a state-certified appraiser who meets the standards and

1672

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

1673

appraiser selected to appraise a particular parcel shall, prior

1674

to contracting with the agency or a participant in a multiparty

1675

agreement, submit to that agency or participant an affidavit

1676

substantiating that he or she has no vested or fiduciary interest

1677

in such parcel.

1678

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

1679

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

1680

negotiating with the property owner.

1681

(e) Generally, appraisal reports are confidential and

1682

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

1683

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

1684

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

1685

contract or agreement for purchase is considered for approval by

1686

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

1687

at its discretion, to disclose appraisal reports to private

1688

landowners during negotiations for acquisitions using

1689

alternatives to fee simple techniques, if the department

1690

determines that disclosure of such reports will bring the

1691

proposed acquisition to closure. The Division of State Lands may

1692

also disclose appraisal information to public agencies or

1693

nonprofit organizations that agree to maintain the

1694

confidentiality of the reports or information when joint

1695

acquisition of property is contemplated, or when a public agency

1696

or nonprofit organization enters into a written multiparty

1697

agreement with the division to purchase and hold property for

1698

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

1699

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

1700

nonprofit organization, provided the appraiser is selected from

1701

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

1702

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

1703

"nonprofit organization" means an organization whose purposes

1704

include the preservation of natural resources, and which is

1705

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

1706

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

1707

passage of time has rendered the conclusions of value in the

1708

report invalid or when the acquiring agency has terminated

1709

negotiations.

1710

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

1711

appraisals obtained by a public agency or nonprofit organization,

1712

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

1713

of appraisers and the appraisal is reviewed and approved by the

1714

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

1715

organization" means an organization whose purposes include the

1716

preservation of natural resources and which is exempt from

1717

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

1718

Code.

1719

1720

Notwithstanding the provisions of this subsection, on behalf of

1721

the board and before the appraisal of parcels approved for

1722

purchase under this chapter, the Secretary of Environmental

1723

Protection or the director of the Division of State Lands may

1724

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

1725

contract shall state that the final purchase price is subject to

1726

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

1727

the final purchase price may not exceed the maximum offer allowed

1728

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

1729

purchase price approval shall explicitly state that payment of

1730

the final purchase price is subject to an appropriation from the

1731

Legislature. The consideration for such an option may not exceed

1732

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

1733

value of the parcel, whichever amount is greater.

1734

Section 13. Section 259.105, Florida Statutes is amended to

1735

read:

1736

259.105 The Florida Forever Act.--

1737

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

1738

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

1739

1. Land acquisition programs have The Preservation 2000

1740

program provided tremendous financial resources for purchasing

1741

environmentally significant lands to protect those lands from

1742

imminent development or alteration, thereby ensuring assuring

1743

present and future generations' access to important waterways,

1744

open spaces, and recreation and conservation lands.

1745

2. The continued alteration and development of Florida's

1746

natural and rural areas to accommodate the state's rapidly

1747

growing population have contributed to the degradation of water

1748

resources, the fragmentation and destruction of wildlife

1749

habitats, the loss of outdoor recreation space, and the

1750

diminishment of wetlands, forests, working landscapes, and

1751

coastal open space and public beaches.

1752

3. The potential development of Florida's remaining natural

1753

areas and escalation of land values require a continuation of

1754

government efforts to restore, bring under public protection, or

1755

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

1756

ecological functions and invaluable quality of life.

1757

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

1758

promoting a more efficient use of land, to ensure opportunities

1759

for viable agricultural activities on working lands, and to

1760

promote vital rural and urban communities that support and

1761

produce development patterns consistent with natural resource

1762

protection.

1763

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

1764

under tremendous pressure due to population growth and economic

1765

expansion and require special protection and restoration efforts,

1766

including the protection of uplands and springsheds that provide

1767

vital recharge to aquifer systems and are critical to the

1768

protection of water quality and water quantity of the aquifers

1769

and springs. To ensure that sufficient quantities of water are

1770

available to meet the current and future needs of the natural

1771

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

1772

planning goals of the department and the water management

1773

districts, water resource development projects on public lands,

1774

where compatible with the resource values of and management

1775

objectives for the lands, are appropriate.

1776

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

1777

Florida for high-quality outdoor recreational opportunities,

1778

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

1779

previous acquisition programs. Through such programs as the

1780

Florida Communities Trust and the Florida Recreation Development

1781

Assistance Program, the state shall place additional emphasis on

1782

acquiring, protecting, preserving, and restoring open space,

1783

ecological greenways, and recreation properties within urban,

1784

suburban, and rural areas where pristine natural communities or

1785

water bodies no longer exist because of the proximity of

1786

developed property.

1787

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

1788

Florida Everglades, are facing ecological collapse due to

1789

Florida's burgeoning population growth and other economic

1790

activities. To preserve these valuable ecosystems for future

1791

generations, essential parcels of land must be acquired to

1792

facilitate ecosystem restoration.

1793

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

1794

outdoor recreational opportunities and the development of

1795

necessary infrastructure, where compatible with the resource

1796

values of and management objectives for such lands, promotes an

1797

appreciation for Florida's natural assets and improves the

1798

quality of life.

1799

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

1800

interest, or other techniques shall in any lesser interest,

1801

should be based on a comprehensive science-based assessment of

1802

Florida's natural resources which targets essential conservation

1803

lands by prioritizing all current and future acquisitions based

1804

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

1805

integrity and function of ecological systems and working

1806

landscapes, and provide multiple benefits, including preservation

1807

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

1808

well as rural areas, and the restoration of natural water

1809

storage, flow, and recharge.

1810

10.9. The state has embraced performance-based program

1811

budgeting as a tool to evaluate the achievements of publicly

1812

funded agencies, build in accountability, and reward those

1813

agencies which are able to consistently achieve quantifiable

1814

goals. While previous and existing state environmental programs

1815

have achieved varying degrees of success, few of these programs

1816

can be evaluated as to the extent of their achievements,

1817

primarily because performance measures, standards, outcomes, and

1818

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

1819

Forever program shall be developed and implemented in the context

1820

of measurable state goals and objectives.

1821

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

1822

management of its imperiled species through the acquisition,

1823

restoration, enhancement, and management of ecosystems that can

1824

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

1825

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

1826

programs that result in net benefit to imperiled species habitat

1827

by providing public and private land owners meaningful incentives

1828

for acquiring, restoring, managing, and repopulating habitats for

1829

imperiled species. It is the further intent of the Legislature

1830

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

1831

by the lead land managing agency, in consultation with the

1832

Florida Fish and Wildlife Conservation Commission for animals or

1833

the Department of Agriculture and Consumer Services for plants,

1834

as habitat or potentially restorable habitat for imperiled

1835

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

1836

habitat for such species to advance the goals and objectives of

1837

imperiled species management consistent with the purposes for

1838

which such lands are acquired without restricting other uses

1839

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

1840

Legislature that of the proceeds distributed pursuant to

1841

subsection (3), additional consideration be given to acquisitions

1842

that achieve a combination of conservation goals, including the

1843

restoration, enhancement, management, or repopulation of habitat

1844

for imperiled species. The Acquisition and Restoration Council,

1845

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

1846

to projects that include acquisition, restoration, management, or

1847

repopulation of habitat for imperiled species. The term

1848

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

1849

means plants and animals that are federally listed under the

1850

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

1851

Conservation Commission or the Department of Agriculture and

1852

Consumer Services.

1853

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

1854

imperiled species habitat shall include as a consideration in

1855

management plan development the restoration, enhancement,

1856

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

1857

lead land managing agency of such state lands may use fees

1858

received from public or private entities for projects to offset

1859

adverse impacts to imperiled species or their habitat in order to

1860

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

1861

implement land management plans developed under s. 253.034 or

1862

land management prospectus developed and implemented under this

1863

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

1864

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

1865

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

1866

enhance, repopulate, or acquire imperiled species habitat.

1867

b. Where habitat or potentially restorable habitat for

1868

imperiled species is located on state lands, the Fish and

1869

Wildlife Conservation Commission and the Department of

1870

Agriculture and Consumer Services shall be included on any

1871

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

1872

long-term management goals required under chapter 253 must

1873

advance the goals and objectives of imperiled species management

1874

consistent with the purposes for which the land was acquired

1875

without restricting other uses identified in the management plan.

1876

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

1877

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

1878

acquisition programs and to extend funding and bonding

1879

capabilities, so that future generations may enjoy the natural

1880

resources of this state.

1881

(b) The Legislature recognizes that acquisition of lands in

1882

fee simple is only one way to achieve the aforementioned goals

1883

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

1884

techniques, and the development of creative partnerships between

1885

governmental agencies and private landowners. Such partnerships

1886

may include those that advance the restoration, enhancement,

1887

management, or repopulation of imperiled species habitat on state

1888

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

1889

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

1890

and non-state funded tools such as rural land stewardship areas,

1891

sector planning, and mitigation and similar tools should be used,

1892

where appropriate, to bring environmentally sensitive tracts

1893

under an acceptable level of protection at a lower financial cost

1894

to the public, and to provide private landowners with the

1895

opportunity to enjoy and benefit from their property.

1896

1897

under this section shall are encouraged to better coordinate

1898

their expenditures so that project acquisitions, when combined

1899

with acquisitions under Florida Forever, Preservation 2000, Save

1900

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

1901

acquisition programs, and the techniques, partnerships, and tools

1902

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

1903

will form more complete patterns of protection for natural areas,

1904

ecological greenways, and functioning ecosystems, to better

1905

accomplish the intent of this section.

1906

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

1907

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

1908

implement land management plans developed under s. 253.034 or a

1909

land management prospectus developed and implemented under this

1910

chapter must accompany any new land acquisition program to ensure

1911

that the natural resource values of such lands are restored,

1912

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

1913

opportunity to enjoy the lands to their fullest potential, and

1914

that the state achieves the full benefits of its investment of

1915

public dollars. Innovative strategies such as public-private

1916

partnerships and interagency planning and sharing of resources

1917

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

1918

(e) With limited dollars available for restoration,

1919

enhancement, management, and acquisition of land and water areas

1920

and for providing long-term management and capital improvements,

1921

a competitive selection process shall can select those projects

1922

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

1923

efficient use of the program's funding.

1924

(f) To ensure success and provide accountability to the

1925

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

1926

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

1927

to implement the goals and objectives recommended by a

1928

comprehensive science-based assessment and the Florida Forever

1929

Advisory Council as approved by the Board of Trustees of the

1930

Internal Improvement Trust Fund and the Legislature.

1931

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

1932

the Legislature recognizes the desires of the residents

1933

citizens of this state to prosper through economic development

1934

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

1935

and recreational open space of Florida. The Legislature further

1936

recognizes the urgency of restoring the natural functions,

1937

including wildlife and imperiled species habitat functions, of

1938

public lands or water bodies before they are degraded to a

1939

point where recovery may never occur, yet acknowledges the

1940

difficulty of ensuring adequate funding for restoration,

1941

enhancement and management efforts in light of other equally

1942

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

1943

desire and intent to fund the implementation of this section

1944

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

1945

to be repaid with documentary stamp tax or other revenue

1946

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

1947

(h) The Legislature further recognizes the important role

1948

that many of our state and federal military installations

1949

contribute to protecting and preserving Florida's natural

1950

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

1951

land conservation plans overlap with the military's need to

1952

protect lands, waters, and habitat to ensure the sustainability

1953

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

1954

agencies receiving funds under this program cooperate with our

1955

military partners to protect and buffer military installations

1956

and military airspace, by:

1957

1. Protecting habitat on nonmilitary land for any species

1958

found on military land that is designated as threatened or

1959

endangered, or is a candidate for such designation under the

1960

Endangered Species Act or any Florida statute;

1961

2. Protecting areas underlying low-level military air

1962

corridors or operating areas; and

1963

3. Protecting areas identified as clear zones, accident

1964

potential zones, and air installation compatible use buffer zones

1965

delineated by our military partners; and.

1966

4. Providing the military with technical assistance to

1967

restore, enhance, and manage military land as habitat for

1968

imperiled species or species designated as threatened or

1969

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

1970

recovery or reestablishment of such species.

1971

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

1972

reserve accounts and other costs associated with bonds, the

1973

proceeds of cash payments or bonds issued pursuant to this

1974

section shall be deposited into the Florida Forever Trust Fund

1975

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

1976

Department of Environmental Protection in the following manner:

1977

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

1978

Environmental Protection for the acquisition of lands and capital

1979

project expenditures necessary to implement the water management

1980

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

1981

funds are to be distributed to the water management districts as

1982

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

1983

funds provided over the life of the Florida Forever program

1984

pursuant to this paragraph shall be used for the acquisition of

1985

lands.

1986

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

1987

Protection for the acquisition of lands and capital project

1988

expenditures described in this section. Of the proceeds

1989

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

1990

Legislature that an increased priority be given to those

1991

acquisitions which achieve a combination of conservation goals,

1992

including protecting Florida's water resources and natural

1993

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

1994

10 percent, of the funds allocated pursuant to this paragraph

1995

shall be spent on capital project expenditures identified during

1996

the time of acquisition which meet land management planning

1997

activities necessary for public access may not exceed 10 percent

1998

of the funds allocated pursuant to this paragraph.

1999

2000

Community Affairs for use by the Florida Communities Trust for

2001

the purposes of part III of chapter 380, as described and limited

2002

by this subsection, and grants to local governments or nonprofit

2003

environmental organizations that are tax-exempt under s.

2004

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

2005

acquisition of community-based projects, urban open spaces,

2006

parks, and greenways to implement local government comprehensive

2007

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

2008

acquisition, 75 percent shall be matched by local governments on

2009

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

2010

Florida Communities Trust emphasize funding projects in low-

2011

income or otherwise disadvantaged communities and projects that

2012

provide areas for direct water access and water-dependent

2013

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

2014

vessels to waters of the state, including boat ramps and

2015

associated parking and other support facilities. At least 30

2016

percent of the total allocation provided to the trust shall be

2017

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

2018

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

2019

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

2020

and functions to intersperse open spaces within congested urban

2021

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

2022

percent shall be used to acquire lands for recreational trail

2023

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

2024

for such projects, they will be available for other trust

2025

projects. Local governments may use federal grants or loans,

2026

private donations, or environmental mitigation funds, including

2027

environmental mitigation funds required pursuant to s. 338.250,

2028

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

2029

funded through the Florida Communities Trust. Any lands purchased

2030

by nonprofit organizations using funds allocated under this

2031

paragraph must provide for such lands to remain permanently in

2032

public use through a reversion of title to local or state

2033

government, conservation easement, or other appropriate

2034

mechanism. Projects funded with funds allocated to the Trust

2035

shall be selected in a competitive process measured against

2036

criteria adopted in rule by the Trust.

2037

(d) Two percent to the Department of Environmental

2038

Protection for grants pursuant to s. 375.075.

2039

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

2040

Environmental Protection for the purchase of inholdings and

2041

additions to state parks and for capital project expenditures as

2042

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

2043

than 10 percent, of the funds allocated pursuant to this

2044

paragraph shall be spent on capital project expenditures

2045

identified during the time of acquisition which meet land

2046

management planning activities necessary for public access may

2047

not exceed 10 percent of the funds allocated under this

2048

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

2049

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

2050

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

2051

may come under its jurisdiction.

2052

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

2053

of the Department of Agriculture and Consumer Services to fund

2054

the acquisition of state forest inholdings and additions pursuant

2055

to s. 589.07, the implementation of reforestation plans or

2056

sustainable forestry management practices, and for capital

2057

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

2058

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

2059

for the acquisition of inholdings and additions pursuant to this

2060

paragraph shall be spent on capital project expenditures

2061

identified during the time of acquisition which meet land

2062

management planning activities necessary for public access may

2063

not exceed 10 percent of the funds allocated under this

2064

paragraph.

2065

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

2066

Conservation Commission to fund the acquisition of inholdings and

2067

additions to lands managed by the commission which are important

2068

to the conservation of fish and wildlife and for capital project

2069

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

2070

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

2071

pursuant to this paragraph shall be spent on capital project

2072

expenditures identified during the time of acquisition which meet

2073

land management planning activities necessary for public access

2074

may not exceed 10 percent of the funds allocated under this

2075

paragraph.

2076

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

2077

Environmental Protection for the Florida Greenways and Trails

2078

Program, to acquire greenways and trails or greenways and trail

2079

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

2080

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

2081

Trail and for capital project expenditures as described in this

2082

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

2083

the funds allocated pursuant to this paragraph shall be spent on

2084

capital project expenditures identified during the time of

2085

acquisition which meet land management planning activities

2086

necessary for public access may not exceed 10 percent of the

2087

funds allocated under this paragraph.

2088

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

2089

Agriculture and Consumer Services for the acquisition of

2090

agricultural lands, through perpetual conservation easements and

2091

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

2092

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

2093

application, acquisition, and priority ranking process for such

2094

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

2095

provided by this paragraph. The board shall ensure that such

2096

rules are consistent with the acquisition process provided for in

2097

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

2098

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

2099

1. An annual priority list shall be developed pursuant to

2100

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

2101

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

2102

259.04.

2103

2. Terms of easements and acquisitions proposed pursuant to

2104

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

2105

delegated by the board to any other entity receiving funds under

2106

this section.

2107

3. All acquisitions pursuant to this paragraph shall

2108

contain a clear statement that they are subject to legislative

2109

appropriation.

2110

2111

No funds provided under this paragraph shall be expended until

2112

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

2113

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

2114

Community Affairs for the acquisition of land and capital project

2115

expenditures necessary to implement the Stan Mayfield Working

2116

Waterfronts Program within the Florida communities trust pursuant

2117

to s. 380.5105.

2118

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

2119

payments or proceeds of Florida Forever bonds distributed under

2120

this section shall be expended in an efficient and fiscally

2121

responsible manner. An agency that receives proceeds from Florida

2122

Forever bonds under this section may not maintain a balance of

2123

unencumbered funds in its Florida Forever subaccount beyond 3

2124

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

2125

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

2126

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

2127

the Legislature at its next regular session for use in the

2128

Florida Forever program.

2129

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

2130

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

2131

develop their individual acquisition or restoration lists in

2132

accordance with specific criteria and numeric performance

2133

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

2134

be acquired if they are identified within the original project

2135

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

2136

or the management prospectus required pursuant to s.

2137

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

2138

this paragraph shall be submitted to the Acquisition and

2139

Restoration Council for approval. The council may only approve

2140

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

2141

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

2142

property; enhances the protection or management of the property;

2143

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

2144

more manageable boundary configuration; has a high resource value

2145

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

2146

than fair market value.

2147

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

2148

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

2149

contribute to the achievement of the following goals, which shall

2150

be evaluated in accordance with specific criteria and numeric

2151

performance measures developed pursuant s. 259.035(4):

2152

(a) Enhance the coordination and completion of land

2153

acquisition projects, as measured by:

2154

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

2155

acquisition programs that contribute to the enhancement of

2156

essential natural resources, ecosystem service parcels, and

2157

connecting linkage corridors as identified and developed by the

2158

best available scientific analysis completion of Florida

2159

Preservation 2000 projects or projects begun before Preservation

2160

2000;

2161

2. The number of acres protected through the use of

2162

alternatives to fee simple acquisition; or

2163

3. The number of shared acquisition projects among Florida

2164

Forever funding partners and partners with other funding sources,

2165

including local governments and the Federal Government.

2166

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

2167

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

2168

by:

2169

1. The number of acres acquired of significant strategic

2170

habitat conservation areas;

2171

2. The number of acres acquired of highest priority

2172

conservation areas for Florida's rarest species;

2173

3. The number of acres acquired of significant landscapes,

2174

landscape linkages, and conservation corridors, giving priority

2175

to completing linkages;

2176

4. The number of acres acquired of underrepresented native

2177

ecosystems;

2178

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

2179

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

2180

or restorable natural communities established through new

2181

acquisition projects or augmentations to previous projects; or

2182

6. The percentage increase in the number of occurrences of

2183

imperiled species endangered species, threatened species, or

2184

species of special concern on publicly managed conservation

2185

areas.

2186

2187

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

2188

measured by:

2189

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

2190

needing restoration, enhancement, and management, acres

2191

undergoing restoration or enhancement, and acres with restoration

2192

activities completed, and acres managed to maintain such restored

2193

or enhanced conditions; the number of acres which represent

2194

actual or potential imperiled species habitat; the number of

2195

acres which are available pursuant to a management plan to

2196

restore, enhance, repopulate, and manage imperiled species

2197

habitat; and the number of acres of imperiled species habitat

2198

managed, restored, enhanced, repopulated, or acquired;

2199

2. The percentage of water segments that fully meet,

2200

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

2201

in the Department of Environmental Protection's State Water

2202

Quality Assessment 305(b) Report;

2203

3. The percentage completion of targeted capital

2204

improvements in surface water improvement and management plans

2205

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

2206

management system plans, or other adopted restoration plans;

2207

4. The number of acres acquired that protect natural

2208

floodplain functions;

2209

5. The number of acres acquired that protect surface waters

2210

of the state;

2211

6. The number of acres identified for acquisition to

2212

minimize damage from flooding and the percentage of those acres

2213

acquired;

2214

7. The number of acres acquired that protect fragile

2215

coastal resources;

2216

8. The number of acres of functional wetland systems

2217

protected;

2218

9. The percentage of miles of critically eroding beaches

2219

contiguous with public lands that are restored or protected from

2220

further erosion;

2221

10. The percentage of public lakes and rivers in which

2222

invasive, nonnative aquatic plants are under maintenance control;

2223

2224

11. The number of acres of public conservation lands in

2225

which upland invasive, exotic plants are under maintenance

2226

control.

2227

(d) Ensure that sufficient quantities of water are

2228

available to meet the current and future needs of natural systems

2229

and the citizens of the state, as measured by:

2230

1. The number of acres acquired which provide retention and

2231

storage of surface water in naturally occurring storage areas,

2232

such as lakes and wetlands, consistent with the maintenance of

2233

water resources or water supplies and consistent with district

2234

water supply plans;

2235

2. The quantity of water made available through the water

2236

resource development component of a district water supply plan

2237

for which a water management district is responsible; or

2238

3. The number of acres acquired of groundwater recharge

2239

areas critical to springs, sinks, aquifers, other natural

2240

systems, or water supply.

2241

(e) Increase natural resource-based public recreational and

2242

educational opportunities, as measured by:

2243

1. The number of acres acquired that are available for

2244

natural resource-based public recreation or education;

2245

2. The miles of trails that are available for public

2246

recreation, giving priority to those that provide significant

2247

connections including those that will assist in completing the

2248

Florida National Scenic Trail; or

2249

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

2250

by type, made available on public land.

2251

(f) Preserve significant archaeological or historic sites,

2252

as measured by:

2253

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

2254

and archaeological properties listed in the Florida Master Site

2255

File or National Register of Historic Places which are protected

2256

or preserved for public use; or

2257

2. The increase in the number and percentage of historic

2258

and archaeological properties that are in state ownership.

2259

(g) Increase the amount of forestland available for

2260

sustainable management of natural resources, as measured by:

2261

1. The number of acres acquired that are available for

2262

sustainable forest management;

2263

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

2264

for economic return in accordance with current best management

2265

practices;

2266

3. The number of acres of forestland acquired that will

2267

serve to maintain natural groundwater recharge functions; or

2268

4. The percentage and number of acres identified for

2269

restoration actually restored by reforestation.

2270

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

2271

areas, as measured by:

2272

1. The percentage of local governments that participate in

2273

land acquisition programs and acquire open space in urban cores;

2274

2275

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

2276

space within urban service areas.

2277

2278

Florida Forever projects and acquisitions funded pursuant to

2279

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

2280

the Florida Communities Trust Governing Board created in s.

2281

380.504.

2282

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

2283

managed for multiple-use purposes, where compatible with the

2284

resource values of and management objectives for such lands. As

2285

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

2286

to, outdoor recreational activities as described in ss. 253.034

2287

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

2288

sustainable forestry management, carbon sequestration, carbon

2289

mitigation, or carbon offsets.

2290

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

2291

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

2292

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

2293

2294

the Internal Improvement Trust Fund shall adopt rules that

2295

pertain to the use of state lands for carbon sequestration,

2296

carbon mitigation, or carbon offsets and that provide for

2297

climate-change-related benefits.

2298

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

2299

supply development project may be allowed only if the following

2300

conditions are met: minimum flows and levels have been

2301

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

2302

expected to experience significant harm to water resources as a

2303

result of the project; the project complies with all applicable

2304

permitting requirements; and the project is consistent with the

2305

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

2306

district and with relevant recovery or prevention strategies if

2307

required pursuant to s. 373.0421(2).

2308

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

2309

thereafter, the Acquisition and Restoration Council shall accept

2310

applications from state agencies, local governments, nonprofit

2311

and for-profit organizations, private land trusts, and

2312

individuals for project proposals eligible for funding pursuant

2313

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

2314

received pursuant to this subsection to ensure that they meet at

2315

least one of the criteria under subsection (9).

2316

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

2317

following:

2318

1. A minimum of two numeric performance measures that

2319

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

2320

performance measure shall include a baseline measurement, which

2321

is the current situation; a performance standard which the

2322

project sponsor anticipates the project will achieve; and the

2323

performance measurement itself, which should reflect the

2324

incremental improvements the project accomplishes towards

2325

achieving the performance standard.

2326

2. Proof that property owners within any proposed

2327

acquisition have been notified of their inclusion in the proposed

2328

project. Any property owner may request the removal of such

2329

property from further consideration by submitting a request to

2330

the project sponsor or the Acquisition and Restoration Council by

2331

certified mail. Upon receiving this request, the council shall

2332

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

2333

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

2334

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

2335

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

2336

members that such property is critical to achieve the purposes of

2337

the project.

2338

2339

vest in the Board of Trustees of the Internal Improvement Trust

2340

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

2341

district shall vest in the name of that district and lands

2342

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

2343

purchasing local government.

2344

(8) The Acquisition and Restoration Council shall develop a

2345

project list that shall represent those projects submitted

2346

pursuant to subsection (7).

2347

(9) The Acquisition and Restoration Council shall recommend

2348

rules for adoption by the board of trustees to competitively

2349

evaluate, select, and rank projects eligible for Florida Forever

2350

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

2351

Conservation and Recreation Lands list pursuant to ss. 259.032

2352

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

2353

Acquisition and Restoration Council shall give weight to the

2354

following criteria:

2355

(a) The project meets multiple goals described in

2356

subsection (4).

2357

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

2358

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

2359

2360

properties already under public ownership.

2361

(d) The project has significant archaeological or historic

2362

value.

2363

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

2364

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

2365

(f) The project contributes to the solution of water

2366

resource problems on a regional basis.

2367

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

2368

in imminent danger of development, in imminent danger of losing

2369

its significant natural attributes or recreational open space, or

2370

in imminent danger of subdivision which would result in multiple

2371

ownership and make acquisition of the project costly or less

2372

likely to be accomplished.

2373

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

2374

by an ecosystem management team.

2375

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

2376

restoration effort.

2377

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

2378

value.

2379

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

2380

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

2381

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

2382

development rights, hunting rights, agricultural or silvicultural

2383

rights, or mineral rights or obtaining conservation easements or

2384

flowage easements.

2385

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

2386

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

2387

public-private partnership.

2388

(10) The Acquisition and Restoration Council shall give

2389

increased priority to those projects for which matching funds are

2390

available and to project elements previously identified on an

2391

acquisition list pursuant to this section that can be acquired at

2392

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

2393

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

2394

conservation plans overlap with the military's need to protect

2395

lands, water, and habitat to ensure the sustainability of

2396

military missions including:

2397

(a) Protecting habitat on nonmilitary land for any species

2398

found on military land that is designated as threatened or

2399

endangered, or is a candidate for such designation under the

2400

Endangered Species Act or any Florida statute;

2401

(b) Protecting areas underlying low-level military air

2402

corridors or operating areas; and

2403

2404

potential zones, and air installation compatible use buffer zones

2405

delineated by our military partners, and for which federal or

2406

other funding is available to assist with the project.

2407

(11) For the purposes of funding projects pursuant to

2408

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

2409

ensure that each water management district receives the following

2410

percentage of funds annually:

2411

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

2412

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

2413

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

2414

Department of Environmental Protection into the Save Our

2415

Everglades Trust Fund and shall be used exclusively to implement

2416

the comprehensive plan under s. 373.470.

2417

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

2418

Management District.

2419

2420

Management District.

2421

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

2422

Management District.

2423

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

2424

Water Management District.

2425

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

2426

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

2427

that these funds not be used to abrogate the financial

2428

responsibility of those point and nonpoint sources that have

2429

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

2430

an increased priority shall be given by the water management

2431

district governing boards to those projects that have secured a

2432

cost-sharing agreement allocating responsibility for the cleanup

2433

of point and nonpoint sources.

2434

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

2435

and Restoration Council shall be required in order to place a

2436

proposed project on the list developed pursuant to subsection

2437

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

2438

relationship has a connection with any project proposed to be

2439

ranked shall declare such interest prior to voting for a

2440

project's inclusion on the list.

2441

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

2442

issued pursuant to this section, the Acquisition and Restoration

2443

Council shall review the most current approved project list and

2444

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

2445

Trustees of the Internal Improvement Trust Fund for approval a

2446

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

2447

board of trustees may remove projects from the list developed

2448

pursuant to this subsection, but may not add projects or

2449

rearrange project rankings.

2450

(15) The Acquisition and Restoration Council shall submit

2451

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

2452

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

2453

information for each project listed:

2454

(a) The stated purpose for inclusion.

2455

(b) Projected costs to achieve the project goals.

2456

2457

associated with immediate public access.

2458

(d) Specific performance measures.

2459

(e) Plans for public access.

2460

(f) An identification of the essential parcel or parcels

2461

within the project without which the project cannot be properly

2462

managed.

2463

(g) Where applicable, an identification of those projects

2464

or parcels within projects which should be acquired in fee simple

2465

or in less than fee simple.

2466

(h) An identification of those lands being purchased for

2467

conservation purposes.

2468

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

2469

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

2470

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

2471

values.

2472

(k) A map delineating project boundaries.

2473

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

2474

outdoor recreational value, forest resources, wildlife resources,

2475

ownership pattern, utilization, and location.

2476

(m) A discussion of whether alternative uses are proposed

2477

for the property and what those uses are.

2478

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

2479

(16) All proposals for projects pursuant to paragraph

2480

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

2481

the Acquisition and Restoration Council and approved by the board

2482

of trustees. The council shall consider and evaluate in writing

2483

the merits and demerits of each project that is proposed for

2484

Florida Forever funding and each proposed addition to the

2485

Conservation and Recreation Lands list program. The council shall

2486

ensure that each proposed project will meet a stated public

2487

purpose for the restoration, conservation, or preservation of

2488

environmentally sensitive lands and water areas or for providing

2489

outdoor recreational opportunities and that each proposed

2490

addition to the Conservation and Recreation Lands list will meet

2491

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

2492

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

2493

or addition conforms, where applicable, with the comprehensive

2494

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

2495

multipurpose outdoor recreation plan developed pursuant to s.

2496

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

2497

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

2498

s. 373.199, and the provisions of this section.

2499

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

2500

prepare an annual work plan that prioritizes projects on the

2501

Florida Forever list and sets forth the funding available in the

2502

fiscal year for land acquisition. The work plan shall consider

2503

the following categories of expenditure for land conservation

2504

projects already selected for the Florida Forever list pursuant

2505

to subsection (8):

2506

(a) A critical natural lands category, including functional

2507

landscape-scale natural systems, intact large hydrological

2508

systems, lands that have significant imperiled natural

2509

communities, and corridors linking large landscapes, as

2510

identified and developed by the best available scientific

2511

analysis.

2512

(b) A partnerships or regional incentive category,

2513

including:

2514

1. Projects where local and regional cost-share agreements

2515

provide a lower cost and greater conservation benefit to the

2516

people of the state. Additional consideration shall be provided

2517

under this category where parcels are identified as part of a

2518

local or regional visioning process and are supported by

2519

scientific analysis; and

2520

2. Bargain and shared projects where the state will receive

2521

a significant reduction in price for public ownership of land as

2522

a result of the removal of development rights or other interests

2523

in lands or receives alternative or matching funds.

2524

2525

mainly inholdings, additions, and linkages between preserved

2526

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

2527

complete.

2528

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

2529

acquisition or other conservation measures will address the

2530

challenges of global climate change, such as through protection,

2531

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

2532

water, and coastal resources. This category includes lands that

2533

provide opportunities to sequester carbon, provide habitat,

2534

protect coastal lands or barrier islands, and otherwise mitigate

2535

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

2536

objectives of the program.

2537

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

2538

that significantly contribute to resource protection through

2539

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

2540

incentives, life estates, landowner agreements, and other

2541

partnerships, including conservation easements acquired in

2542

partnership with federal conservation programs, which will

2543

achieve the objectives of Florida Forever while allowing the

2544

continuation of compatible agricultural uses on the land. Terms

2545

of easements proposed for acquisition under this category shall

2546

be developed by the Division of State Lands in coordination with

2547

the Department of Agriculture and Consumer Services.

2548

2549

Projects within each category shall be ranked by order of

2550

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

2551

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

2552

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

2553

Internal Improvement Trust Fund no later than October 1 of each

2554

year.

2555

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

2556

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

2557

district lands, the owning water management district, may

2558

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

2559

use of certain lands acquired pursuant to this section, for

2560

certain uses that are determined by the appropriate board to be

2561

compatible with the resource values of and management objectives

2562

for such lands.

2563

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

2564

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

2565

acquired pursuant to this section shall be presumed to be

2566

compatible with the purposes for which such lands were acquired.

2567

2568

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

2569

Department of Environmental Protection or other appropriate state

2570

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

2571

adversely affect the exclusion of the interest on any revenue

2572

bonds issued to fund the acquisition of the affected lands from

2573

gross income for federal income tax purposes, pursuant to

2574

Internal Revenue Service regulations.

2575

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

2576

recommend adoption of rules by the board of trustees necessary to

2577

implement the provisions of this section relating to:

2578

solicitation, scoring, selecting, and ranking of Florida Forever

2579

project proposals; disposing of or leasing lands or water areas

2580

selected for funding through the Florida Forever program; and the

2581

process of reviewing and recommending for approval or rejection

2582

the land management plans associated with publicly owned

2583

properties. Rules promulgated pursuant to this subsection shall

2584

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

2585

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

2586

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

2587

shall become effective only after legislative review. In its

2588

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

2589

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

2590

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

2591

taken by the Legislature, such rules shall become effective.

2592

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

2593

Florida Forever program may be managed for conservation pursuant

2594

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

2595

anticipation of a state purchase in accordance with a contractual

2596

arrangement between the acquiring agency and the private party

2597

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

2598

arrangements, or resource conservation agreements. Lands

2599

designated as eligible under this subsection shall be managed to

2600

maintain or enhance the resources the state is seeking to protect

2601

by acquiring the land and to accelerate public access to the

2602

lands as soon as practicable. Funding for these contractual

2603

arrangements may originate from the documentary stamp tax revenue

2604

deposited into the Conservation and Recreation Lands Trust Fund

2605

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

2606

funds allocated under the trust funds shall be expended for this

2607

purpose.

2608

(20) The Acquisition and Restoration Council, as successors

2609

to the Land Acquisition and Management Advisory Council, may

2610

amend existing Conservation and Recreation Lands projects and add

2611

to or delete from the 2000 Conservation and Recreation Lands list

2612

until funding for the Conservation and Recreation Lands program

2613

has been expended. The amendments to the 2000 Conservation and

2614

Recreation Lands list will be reported to the board of trustees

2615

in conjunction with the council's report developed pursuant to

2616

subsection (15).

2617

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

2618

Statutes, is amended to read:

2619

259.1051 Florida Forever Trust Fund.--

2620

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

2621

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

2622

375.031. The Florida Forever Trust Fund shall be held and

2623

administered by the Department of Environmental Protection.

2624

Proceeds from the sale of bonds, except proceeds of refunding

2625

bonds, issued under s. 215.618 and payable from moneys

2626

transferred to the Land Acquisition Trust Fund under s.

2627

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

2628

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

2629

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

2630

the Division of Bond Finance of the State Board of Administration

2631

may provide for additional provisions that govern the

2632

disbursement of the bond proceeds.

2633

Section 15. Subsection (7) is added to section 373.089,

2634

Florida Statutes, to read:

2635

373.089 Sale or exchange of lands, or interests or rights

2636

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

2637

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

2638

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

2639

manner:

2640

(7) Notwithstanding other provisions of this section, the

2641

governing board shall first offer title to lands acquired in

2642

whole or in part with Florida Forever funds which are determined

2643

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

2644

Trustees of the Internal Improvement Trust Fund unless the

2645

disposition of those lands are for the following purposes:

2646

(a) Linear facilities, including electric transmission and

2647

distribution facilities, telecommunication transmission and

2648

distribution facilities, pipeline transmission and distribution

2649

facilities, public transportation corridors, and related

2650

appurtenances.

2651

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

2652

conservation easement is retained by the district to fulfill the

2653

conservation objectives for which the land was acquired.

2654

2655

exceed the conservation objectives for which the original land

2656

was acquired in accordance with subsection (4).

2657

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

2658

purpose.

2659

2660

In the event the Board of Trustees of the Internal Improvement

2661

Trust Fund declines to accept title to the lands offered under

2662

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

2663

the provisions of this section.

2664

Section 16. Subsection (1) of section 373.1391, Florida

2665

Statutes, is amended to read:

2666

373.1391 Management of real property.--

2667

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

2668

districts shall be managed and maintained, to the extent

2669

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

2670

access, general public recreational purposes, and restoration and

2671

protection of their natural state and condition. Except when

2672

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

2673

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

2674

for multiple purposes, including, but not limited to,

2675

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

2676

and other recreational uses.

2677

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

2678

general public for recreational uses. General public recreational

2679

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

2680

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

2681

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

2682

activities to the maximum extent possible considering the

2683

environmental sensitivity and suitability of those lands. These

2684

public lands shall be evaluated for their resource value for the

2685

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

2686

annually or seasonally, would be conducive to general public

2687

recreational purposes. Such findings shall be included in

2688

management plans which are developed for such public lands. These

2689

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

2690

unless the district governing board can demonstrate that such

2691

activities would be incompatible with the purposes for which

2692

these lands were acquired. The department in its supervisory

2693

capacity shall ensure that the districts provide consistent

2694

levels of public access to district lands, consistent with the

2695

purposes for which the lands were acquired.

2696

2697

dispute arises that has not been resolved by a water management

2698

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

2699

under chapter 120.

2700

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

2701

will be leased back for agricultural purposes, or for any

2702

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

2703

be used for agricultural purposes, the district governing board

2704

shall first consider having a soil and water conservation

2705

district created pursuant to chapter 582 manage and monitor such

2706

interest.

2707

Section 17. Subsection (4) of section 373.199, Florida

2708

Statutes, is amended to read:

2709

373.199 Florida Forever Water Management District Work

2710

Plan.--

2711

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

2712

where applicable, the following information for each project:

2713

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

2714

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

2715

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

2716

synopsis of restoration efforts that have occurred to date, if

2717

applicable.

2718

(b) An identification of all governmental units that have

2719

jurisdiction over the water body and its drainage basin within

2720

the approved surface water improvement and management plan area,

2721

including local, regional, state, and federal units.

2722

2723

drainage basin, and of important tributaries, point and nonpoint

2724

sources of pollution, and permitted discharge activities

2725

associated with that basin.

2726

(d) A description of strategies and potential strategies,

2727

including improved stormwater management, for restoring or

2728

protecting the water body to Class III or better surface water

2729

quality status. Such strategies may utilize alternative

2730

technologies for pollutant reduction, such as cost-effective

2731

biologically based, hybrid wetlands/chemical and other innovative

2732

nutrient control technologies.

2733

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

2734

have been prepared for the water body, stormwater management

2735

project, or water resource development project.

2736

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

2737

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

2738

future degradation, to manage and maintain the stormwater

2739

management system, or to manage and maintain the water resource

2740

development project.

2741

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

2742

body, implementation of the stormwater management project, or

2743

development of the water resource development project.

2744

(h) A clear and concise An estimate of the funding needed

2745

to carry out the restoration, protection, or improvement project,

2746

or the development of new water resources, where applicable, and

2747

a clear and concise identification of the projected sources and

2748

uses of Florida Forever funds of the funding.

2749

(i) Numeric performance measures for each project. Each

2750

performance measure shall include a baseline measurement, which

2751

is the current situation; a performance standard, which water

2752

management district staff anticipates the project will achieve;

2753

and the performance measurement itself, which should reflect the

2754

incremental improvements the project accomplishes towards

2755

achieving the performance standard. These measures shall reflect

2756

the relevant goals detailed in s. 259.105(4).

2757

(j) A discussion of permitting and other regulatory issues

2758

related to the project.

2759

(k) An identification of the proposed public access for

2760

projects with land acquisition components, including the Florida

2761

National Scenic Trail.

2762

(l) An identification of those lands which require a full

2763

fee simple interest to achieve water management goals and those

2764

lands which can be acquired using alternatives to fee simple

2765

acquisition techniques and still achieve such goals. In their

2766

evaluation of which lands would be appropriate for acquisition

2767

through alternatives to fee simple, district staff shall consider

2768

criteria including, but not limited to, acquisition costs, the

2769

net present value of future land management costs, the net

2770

present value of ad valorem revenue loss to the local government,

2771

and potential for revenue generated from activities compatible

2772

with acquisition objectives.

2773

(m) An identification of lands needed to protect or

2774

recharge groundwater and a plan for their acquisition as

2775

necessary to protect potable water supplies. Lands which serve to

2776

protect or recharge groundwater identified pursuant to this

2777

paragraph shall also serve to protect other valuable natural

2778

resources or provide space for natural resource based recreation.

2779

Section 18. Paragraph (e) of subsection (10) of section

2780

373.59, Florida Statutes, is amended to read:

2781

373.59 Water Management Lands Trust Fund.--

2782

(10)(a) Beginning July 1, 1999, not more than one-fourth of

2783

the funds provided for in subsections (1) and (8) in any year

2784

shall be reserved annually by a governing board, during the

2785

development of its annual operating budget, for payments in lieu

2786

of taxes for all actual tax losses incurred as a result of

2787

governing board acquisitions for water management districts

2788

pursuant to ss. 259.101, 259.105, 373.470, and this section

2789

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

2790

taxes in any year shall revert to the Water Management Lands

2791

Trust Fund to be used in accordance with the provisions of this

2792

section.

2793

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

2794

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

2795

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

2796

for such property based upon the average amount of taxes paid on

2797

the property for the 3 years prior to its being removed from the

2798

tax rolls. The water management districts shall certify to the

2799

Department of Revenue those properties that may be eligible under

2800

this provision. Once eligibility has been established, that

2801

governmental entity shall receive 10 consecutive annual payments

2802

for each tax loss until the qualifying governmental entity

2803

exceeds the population threshold pursuant to s. 259.032(12)(b).,

2804

and no further eligibility determination shall be made during

2805

that period.

2806

Section 19. Subsection (1) of section 380.5115, Florida

2807

Statutes, is amended to read:

2808

380.5115 Florida Forever Program Trust Fund of the

2809

Department of Community Affairs.--

2810

(1) There is created a Florida Forever Program Trust Fund

2811

within the Department of Community Affairs to further the

2812

purposes of this part as specified in s. 259.105(3)(c) and (j).

2813

The trust fund shall receive funds pursuant to s. 259.105(3)(c)

2814

and (j).

2815

Section 20. Section 380.502, Florida Statutes, is amended

2816

to read:

2817

380.502 Legislative findings and intent.--

2818

(1) The Legislature finds that the conservation of natural

2819

areas is vital to the state's economy and ecology. The

2820

Legislature further finds that rapid increases in population and

2821

development throughout Florida threaten the integrity of the

2822

environment and limit opportunities for citizens and visitors to

2823

enjoy the state's natural areas. The Legislature further finds

2824

that inappropriate and poorly planned land uses overburden

2825

natural resources and disrupt the state's ecology. Finally, the

2826

Legislature finds that the quality of life, environmental

2827

quality, as well as the viability and vitality of the urban areas

2828

of this state are directly linked to urban open space and

2829

greenways. The creation of greenways; expansion of green spaces;

2830

enhancement of recreation areas; preservation of working

2831

waterfronts; and protection and restoration of urban lakes,

2832

rivers, and watersheds in the urban areas of this state are

2833

necessary to link populated areas with natural areas, preserve

2834

unique cultural and heritage sites, provide land for recreational

2835

opportunities to enhance the health and well-being of the urban

2836

residents of this state, improve water quality, reduce the level

2837

of urban crime and violence, and build confidence and self-esteem

2838

among the urban youth of this state.

2839

(2) The Legislature recognizes that the primary

2840

responsibility for establishing well-planned land use rests at

2841

the local government level through the implementation of

2842

comprehensive plans. The Legislature also recognizes that many of

2843

the goals and objectives of these comprehensive plans will not be

2844

met through regulation, but require creative and innovative

2845

action to ensure their accomplishment.

2846

(3) It is the intent of the Legislature to establish a

2847

nonregulatory agency that will assist local governments in

2848

bringing local comprehensive plans into compliance and

2849

implementing the goals, objectives, and policies of the

2850

conservation, recreation and open space, and coastal elements of

2851

local comprehensive plans, or in conserving natural resources and

2852

resolving land use conflicts by:

2853

(a) Responding promptly and creatively to opportunities to

2854

correct undesirable development patterns, restore degraded

2855

natural areas, enhance resource values, restore deteriorated or

2856

deteriorating urban waterfronts, preserve working waterfronts,

2857

reserve lands for later purchase, participate in and promote the

2858

use of innovative land acquisition methods, and provide public

2859

access to surface waters.

2860

(b) Providing financial and technical assistance to local

2861

governments, state agencies, and nonprofit organizations to carry

2862

out projects and activities and to develop programs authorized by

2863

this part.

2864

2865

voluntarily resolving land use conflicts and issues.

2866

Section 21. Subsection (18) is added to section 380.503,

2867

Florida Statutes, to read:

2868

380.503 Definitions.--As used in ss. 380.501-380.515,

2869

unless the context indicates a different meaning or intent:

2870

(18) "Working waterfront" means:

2871

(a) A parcel or parcels of land directly used for the

2872

purposes of the commercial harvest of marine organisms or

2873

saltwater products by state-licensed commercial fishermen,

2874

aquaculturists, or business entities, including piers, wharves,

2875

docks, or other facilities operated to provide waterfront access

2876

to licensed commercial fishermen, aquaculturists, or business

2877

entities; or

2878

(b) A parcel or parcels of land used for exhibitions,

2879

demonstrations, educational venues, civic events, and other

2880

purposes that promote and educate the public about economic,

2881

cultural, and historic heritage of Florida's traditional working

2882

waterfronts, including the marketing of the seafood and

2883

aquaculture industries.

2884

Section 22. Paragraph (g) is added to subsection (2) of

2885

section 380.507, Florida Statutes, to read:

2886

380.507 Powers of the trust.--The trust shall have all the

2887

powers necessary or convenient to carry out the purposes and

2888

provisions of this part, including:

2889

(2) To undertake, coordinate, or fund activities and

2890

projects which will help bring local comprehensive plans into

2891

compliance and help implement the goals, objectives, and policies

2892

of the conservation, recreation and open space, and coastal

2893

elements of local comprehensive plans, or which will otherwise

2894

serve to conserve natural resources and resolve land use

2895

conflicts, including, but not limited to:

2896

(g) Working waterfronts.

2897

Section 23. Subsection (4) of section 380.508, Florida

2898

Statutes, is amended to read:

2899

380.508 Projects; development, review, and approval.--

2900

(4) Projects or activities which the trust undertakes,

2901

coordinates, or funds in any manner shall comply with the

2902

following guidelines:

2903

(a) The purpose of redevelopment projects shall be to

2904

restore areas which are adversely affected by scattered

2905

ownership, poor lot layout, inadequate park and open space,

2906

incompatible land uses, or other conditions which endanger the

2907

environment or impede orderly development. Grants and loans

2908

awarded for redevelopment projects shall be used for assembling

2909

parcels of land within redevelopment project areas for the

2910

redesign of such areas and for the installation of public

2911

improvements required to serve such areas. After redesign and

2912

installation of public improvements, if any, lands in

2913

redevelopment projects, with the exception of lands acquired for

2914

public purposes, shall be conveyed to any person for development

2915

in accordance with a redevelopment project plan approved

2916

according to this part.

2917

(b) The purpose of resource enhancement projects shall be

2918

to enhance natural resources which, because of indiscriminate

2919

dredging or filling, improper location of improvements, natural

2920

or human-induced events, or incompatible land uses, have suffered

2921

loss of natural and scenic values. Grants and loans awarded for

2922

resource enhancement projects shall be used for the assembly of

2923

parcels of land to improve resource management, for relocation of

2924

improperly located or designed improvements, and for other

2925

corrective measures which will enhance the natural and scenic

2926

character of project areas.

2927

2928

acquire interests in and initially develop lands which are

2929

suitable for and which will be used for public accessways to

2930

surface waters. The trust shall identify local governments and

2931

nonprofit organizations which will accept responsibility for

2932

maintenance and liability for public accessways which are located

2933

outside the state park system. The trust may lease any public

2934

access site developed under this part to a local government or

2935

nonprofit organization, provided that the conditions of the lease

2936

guarantee public use of the site. The trust may accept, from any

2937

local government or nonprofit organization, fees collected for

2938

providing public access to surface waters. The trust shall expend

2939

any such funds it accepts only for acquisition, development, and

2940

maintenance of such public accessways. To the maximum extent

2941

possible, the trust shall expend such fees in the general area

2942

where they are collected or in areas where public access to

2943

surface waters is clearly deficient. The trust may transfer

2944

funds, including such fees, to a local government or nonprofit

2945

organization to acquire public access sites. In developing or

2946

coordinating public access projects, the trust shall ensure that

2947

project plans involving beach access are consistent with state

2948

laws governing beach access.

2949

(d) The purpose of urban waterfront restoration projects

2950

shall be to restore deteriorated or deteriorating urban

2951

waterfronts for public use and enjoyment. Urban waterfront

2952

restoration projects shall include public access sites.

2953

(e) The purpose of working waterfront projects shall be to

2954

restore and preserve working waterfronts as provided in s.

2955

380.5105.

2956

(f)(e) The trust shall cooperate with local governments,

2957

state agencies, federal agencies, and nonprofit organizations in

2958

ensuring the reservation of lands for parks, recreation, fish and

2959

wildlife habitat, historical preservation, or scientific study.

2960

In the event that any local government, state agency, federal

2961

agency, or nonprofit organization is unable, due to limited

2962

financial resources or other circumstances of a temporary nature,

2963

to acquire a site for the purposes described in this paragraph,

2964

the trust may acquire and hold the site for subsequent conveyance

2965

to the appropriate governmental agency or nonprofit organization.

2966

The trust may provide such technical assistance as is required to

2967

aid local governments, state and federal agencies, and nonprofit

2968

organizations in completing acquisition and related functions.

2969

The trust shall not reserve lands acquired in accordance with

2970

this paragraph for more than 5 years from the time of

2971

acquisition. A local government, federal or state agency, or

2972

nonprofit organization may acquire the land at any time during

2973

this period for public purposes. The purchase price shall be

2974

based upon the trust's cost of acquisition, plus administrative

2975

and management costs in reserving the land. The payment of this

2976

purchase price shall be by money, trust-approved property of an

2977

equivalent value, or a combination of money and trust-approved

2978

property. If, after the 5-year period, the trust has not sold to

2979

a governmental agency or nonprofit organization land acquired for

2980

site reservation, the trust shall dispose of such land at fair

2981

market value or shall trade it for other land of comparable value

2982

which will serve to accomplish the purposes of this part. Any

2983

proceeds from the sale of such land shall be deposited in the

2984

Florida Communities Trust Fund.

2985

2986

Project costs may include costs of providing parks, open space,

2987

public access sites, scenic easements, and other areas and

2988

facilities serving the public where such features are part of a

2989

project plan approved according to this part. In undertaking or

2990

coordinating projects or activities authorized by this part, the

2991

trust shall, when appropriate, use and promote the use of

2992

creative land acquisition methods, including the acquisition of

2993

less than fee interest through, among other methods, conservation

2994

easements, transfer of development rights, leases, and leaseback

2995

arrangements. The trust also shall assist local governments in

2996

the use of sound alternative methods of financing for funding

2997

projects and activities authorized by this part. Any funds over

2998

and above eligible project costs, which remain after completion

2999

of a project approved according to this part, shall be

3000

transmitted to the state and deposited in the Florida Communities

3001

Trust Fund.

3002

Section 24. Section 380.5105, Florida Statutes, is created

3003

to read:

3004

380.5105 The Stan Mayfield Working Waterfronts; Florida

3005

Forever.--

3006

(1) Notwithstanding any other provision of this chapter, it

3007

is the intent of the legislature that the trust shall administer

3008

the working waterfronts program as set forth in this section.

3009

(2) The trust and the Department of Agriculture and

3010

Consumer Services shall jointly develop rules specifically

3011

establishing an application process and a process for the

3012

evaluation, scoring and ranking of working waterfront acquisition

3013

projects. The proposed rules jointly developed pursuant to this

3014

subsection shall be promulgated by the trust. Such rules shall

3015

establish a system of weighted criteria to give increased

3016

priority to projects:

3017

(a) Within a municipality with a population less than

3018

30,000; or

3019

(b) Within a municipality or area under intense growth and

3020

development pressures, as evidenced by a number of factors,

3021

including a determination that the municipality's growth rate

3022

exceeds the average growth rate for the state; or

3023

3024

established pursuant to s. 163.356; or

3025

(d) Adjacent to state-owned submerged lands designated as

3026

an aquatic preserve identified in s. 258.39; or

3027

(e) That provide a demonstrable benefit to the local

3028

economy.

3029

(3) For projects that will require more than the grant

3030

amount awarded for completion, the applicant must identify in

3031

their project application funding sources that will provide the

3032

difference between the grant award and the estimated project

3033

completion cost. Such rules may be incorporated into those

3034

developed pursuant to s. 380.507(11).

3035

(4) The trust shall develop a ranking list based on

3036

criteria identified in subsection (2) for proposed fee simple and

3037

less-than-fee simple acquisition projects developed pursuant to

3038

this section. The trust shall, by the first Board of Trustees of

3039

the Internal Improvement Trust Fund meeting in February, present

3040

the ranking list pursuant to this section, to the board of

3041

trustees for final approval of projects for funding. The board of

3042

trustees may remove projects from the ranking list but may not

3043

add projects.

3044

(5) Grant awards, acquisition approvals, and terms of less-

3045

than-fee acquisitions, shall be approved by the trust Waterfront

3046

communities that receive grant awards must submit annual progress

3047

reports to the trust identifying project activities which are

3048

complete, and the progress achieved in meeting the goals outlined

3049

in the project application. The trust must implement a process to

3050

monitor and evaluate the performance of grant recipients in

3051

completing projects that are funded through the working

3052

waterfronts program.

3053

Section 25. Section 15.0386, Florida Statutes, is created

3054

to read:

3055

15.0386 Official state tortoise.--The Gopher Tortoise

3056

(Gopherus polyphemus) is designated the official state tortoise.

3057

Section 26. This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.