HB 7141

1
A bill to be entitled
2An act relating to land acquisition and management;
3amending s. 20.18, F.S.; providing for the appointment of
4an executive director for the Florida Communities Trust
5program; amending s. 20.255, F.S.; providing for
6appointment of the director of the Division of State Lands
7of the Department of Environmental Protection; amending s.
8201.15, F.S., relating to the distribution of excise taxes
9on documents; extending the deadline for retiring the
10bonds issued under the Florida Forever Act; amending s.
11215.618, F.S.; increasing the bonding authority for the
12issuance of Florida Forever bonds for the acquisition of
13conservation lands; directing the Legislature to complete
14a debt analysis by a specified date prior to authorizing
15the issuance of Florida Forever land acquisition bonds;
16directing the Legislature to complete an analysis on
17potential revenue sources for Florida Forever by a
18specified date; amending s. 253.002, F.S.; designating the
19Fish and Wildlife Conservation Commission and the
20Department of Agriculture and Consumer Services as the
21state's primary land managers; providing duties and
22responsibilities; designating the Department of State and
23the Department of Environmental Protection as the state's
24specialty land managers; providing duties and
25responsibilities; providing legislative intent; providing
26procedures and requirements with respect to land
27management evaluations and procurements; providing for a
28report; amending s. 253.025, F.S., relating to acquisition
29of state lands for purposes other than preservation,
30conservation, and recreation; revising procedures and
31requirements with respect to appraisals required prior to
32acquisition; requiring the Board of Trustees of the
33Internal Improvement Trust Fund to adopt rules relating to
34selection of appraisers; deleting provisions that allow
35appraisers to reject an appraisal report under certain
36conditions; providing authority to the Board of Trustees
37of the Internal Improvement Trust Fund to waive sales
38history requirements under certain conditions; requiring
39the board of trustees to adopt relevant rule; revising
40provisions with respect to specified joint acquisitions;
41amending s. 253.03, F.S.; removing obsolete provisions;
42amending s. 253.0325, F.S.; requiring the Division of
43State Lands, rather than the Department of Environmental
44Protection, to initiate an ongoing computerized
45information systems program to modernize its state lands
46records and documents that relate to lands acquired under
47the Florida Preservation 2000 Act or the Florida Forever
48Act, and all lands to which title is vested in the Board
49of Trustees of the Internal Improvement Trust Fund;
50requiring all recipients of funds under the Florida
51Preservation 2000 Act or the Florida Forever Act to
52annually submit records for land acquired; requiring the
53Division of State Lands to initiate and maintain an
54information system that is the basis for land acquisition
55and land management decisionmaking and modeling; providing
56requirements with respect to the system; amending s.
57253.034, F.S.; revising the definitions of "multiple use,"
58"single use," and "conservation lands"; defining
59"imperiled species" for purposes of chapters 253 and 259,
60F.S.; defining "public access" for purposes of chapters
61253 and 259, F.S.; revising conditions under which a
62manager of conservation lands is required to update a land
63management plan; requiring that land management plans
64provide short-term and long-term management goals;
65specifying measurable objectives thereof; specifying
66required elements of a land management plan; providing
67procedures and requirements with respect to a land
68management plan; providing for biennial monitoring of land
69management activities on state lands with an approved land
70management plan; providing procedures and requirements
71with respect thereto; providing for modification and
72approval of the plan by the Acquisition and Restoration
73Council; providing for updating of land management plans;
74requiring public hearings; providing for expiration of
75provisions; revising requirements for determining which
76state-owned lands may be surplus lands; requiring
77additional appraisals under certain conditions; requiring
78the Department of Agriculture and Consumer Services and
79the Division of Forestry to contract with an organization
80for the purpose of determining the value of carbon capture
81and carbon sequestration with respect to state lands and
82to conduct a specified inventory; requiring the Fish and
83Wildlife Conservation Commission to submit an annual work
84plan for the use of all state lands to protect, manage, or
85restore habitat for native or imperiled species; amending
86s. 253.036, F.S.; revising provisions with respect to
87preparation of an analysis of multiple-use potential in a
88land management plan; amending s. 253.111, F.S.; extending
89the period within which a board of county commissioners
90must provide a resolution to the Board of Trustees of the
91Internal Improvement Trust Fund before state-owned lands
92are otherwise sold; amending s. 253.82, F.S.; revising
93requirements of the sale of nonsovereign lands owned by
94the board of trustees; deleting appraisal limitations;
95amending s. 259.032, F.S., relating to the Conservation
96and Recreation Lands Trust Fund; revising purposes for
97which moneys from the fund may be allocated in any one
98year; revising purposes for which a specified percentage
99of moneys in the fund may be allocated; authorizing the
100lead land managing agency to contract with the Fish and
101Wildlife Conservation Commission for lands which contain
102imperiled species habitat; revising requirements with
103respect to lands managed under ch. 259, F.S., and s.
104253.034, F.S.; providing for the designation of a primary
105land manager for specified purposes; authorizing state
106agencies designated to manage lands acquired under ch.
107259, F.S., to contract with the Department of Agriculture
108and Consumer Services, the Department of Environmental
109Protection, the Fish and Wildlife Conservation Commission,
110local governments, private entities, and soil and water
111conservation districts to assist in restoration and
112management activities; revising provisions with respect to
113individual management plans; eliminating a specified
114percentage distribution of acquisition funds; revising
115required components of individual land management plans;
116revising lands that are eligible for a specified
117percentage of funding from the Florida Preservation 2000
118Trust Fund and the Florida Forever Trust Fund; requiring a
119report that provides an interim and long-term management
120formula and associated methodologies which shall be used
121to allocate land management; providing criteria for
122methodology and formula for long-term management;
123providing that, commencing on a specified date, no funds
124shall be allocated, distributed, or expended until the
125allocation formula for funding land management activities
126has been adopted by the Legislature; providing for interim
127allocation and disbursement; revising purposes for which a
128specified percentage of funds are reserved; providing that
129the Land Management Uniform Accounting Council shall set
130long-range and annual goals for the control and removal of
131nonnative, invasive plant species on public lands;
132revising provisions with respect to payment in lieu of
133taxes for property acquired by a tax-exempt entity for
134ultimate conveyance to the state; removing obsolete
135provisions; amending s. 259.0322, F. S.; revising
136provisions with respect to reinstitution and continuation
137of payments to a governmental entity by the Department of
138Environmental Protection for tax losses; amending s.
139259.035, F.S.; revising provisions with respect to the
140Acquisition and Restoration Council; revising membership
141and membership criteria; directing the council to develop
142rules which define specific criteria and numeric
143performance measures for the acquisition of land;
144providing procedure with respect to the adoption of such
145rules; requiring specified reports; amending s. 259.036,
146F.S.; revising provisions with respect to land management
147review teams; revising membership criteria; amending s.
148259.037, F.S.; revising the categories used by the Land
149Management Uniform Accounting Council to collect and
150report the costs of land management activities; requiring
151agencies to report additional information to the council;
152requiring certain land management costs to be tied to the
153land management plan by a specified date; requiring a
154review and report; amending s. 259.04, F.S., relating to a
155comprehensive, statewide 5-year plan to conserve, restore,
156and protect environmentally endangered lands and
157ecosystems, to conform; amending s. 259.041, F.S.,
158relating to the acquisition of state-owned lands for
159preservation, conservation, and recreation purposes;
160requiring review and approval of specified land
161acquisitions by the Division of State Lands; limiting the
162state contribution in specified joint acquisitions;
163requiring legislative approval for acquisitions by the
164state exceeding a certain amount; revising provisions with
165respect to appraisals of land to be acquired and the
166selection of appraisers; requiring that specific language
167be included on option contracts; amending s. 259.07, F.S.;
168revising requirements with respect to public meetings on
169the proposed purchase of land; amending s. 259.105, F.S.;
170relating to the Florida Forever Act; revising legislative
171intent; directing the state's primary land managers to
172develop creative partnerships between governmental
173agencies and private landowners for specified purposes;
174revising and providing additional purposes of the Florida
175Forever Act; revising the distribution of cash and bond
176proceeds under the act by the Department of Environmental
177Protection; revising specified uses of such proceeds;
178revising goals of funded projects and acquisitions;
179revising criteria for the development of rules by the
180Acquisition and Restoration Council to competitively
181evaluate, select, and rank projects eligible for Florida
182Forever funds and for additions to the Conservation and
183Recreation Lands list; revising the transfer of specified
184funds within an annual distribution to the South Florida
185Water Management District; revising requirements with
186respect to an interim management budget included within a
187report prepared by the Acquisition and Restoration
188Council; requiring the Division of State Lands to prepare
189an annual work plan; providing priorities and
190specifications of the work plan; providing categories of
191expenditure to be considered by the work plan; providing
192for adoption of the work plan by the Acquisition and
193Restoration Council; revising provisions with respect to
194the management of lands listed as projects for
195acquisition, restoration, or management under the Florida
196Forever program; providing for deposit of specified funds
197in the Land Acquisition Trust Fund; amending s. 259.1051,
198F.S.; increasing the required deposit of specified
199proceeds from the sale of bonds into the Florida Forever
200Trust Fund; amending s. 373.503, F.S.; providing that a
201water management district's millage rate is subject to
202annual authorization by the Legislature; requiring the
203Legislature to annually review a district's millage rate;
204requiring the Legislature to annually set the amount of
205revenue authorized to be raised by a district from ad
206valorem taxes; providing for the amount of authorized
207revenue to be raised by a district if the Legislature does
208not set the amount by a specified date; amending s.
209373.536, F.S.; revising the beginning and ending dates of
210a water management district's fiscal year; revising the
211date by which a district must submit a tentative budget to
212the Governor and the Legislature; eliminating the
213authorization for the Legislature to comment on such
214budgets; eliminating the requirement for districts to
215respond to such comments and to forward such responses to
216the Governor and Legislature; revising the date by which
217the Executive Office of the Governor must file a specified
218report with the Legislature; directing districts to
219implement conforming measures; amending s. 373.073, F.S.;
220revising provisions relating to nomination of members for
221appointment to the governing boards of water management
222districts; providing dates of commencement and termination
223of the terms of office of governing board members;
224providing for recommendations of the nominating council to
225be nonpartisan; providing procedures and requirements with
226respect to filling a vacancy on a governing board other
227than for expiration of a term; providing for the
228Department of Law Enforcement to conduct a background
229investigation of an applicant prior to appointment;
230providing for each appointment to the governing board to
231be subject to specified confirmation by the Senate;
232providing for reinitiation of the nominating process under
233specified circumstances; precluding service by an
234appointee on the governing board of a water management
235district without Senate confirmation; amending s.
236373.1391, F.S.; requiring the Department of Environmental
237Protection to ensure that water management districts
238provide consistent levels of public access to district
239lands; amending s. 373.199, F.S.; revising project
240information required to be included within Florida Forever
241water management district work plans; amending s. 570.71,
242F.S., relating to conservation easements and agreements;
243authorizing the Department of Agriculture and Consumer
244Services to allocate funds to enter into working
245waterfront protection agreements for specified purposes;
246authorizing the department to accept applications for
247project proposals that fund working waterfront protection
248agreements and that fund fee simple acquisitions in
249working waterfronts; providing requirements with respect
250to working waterfront protection agreements; authorizing
251the department to acquire fee simple interest in working
252waterfront properties on behalf of the Board of Trustees
253of the Internal Improvement Trust Fund; defining "working
254waterfronts"; providing that working waterfront
255acquisitions by fee simple acquisition may be completed by
256the department in whole or in partnership with other
257entities; providing that working waterfront acquisitions
258shall be managed by the department; authorizing the
259department to enter into management agreements with other
260entities for the management of such acquisitions;
261providing for transfer of all statutory powers, duties and
262functions, records, personnel, property, and unexpended
263balances of appropriations, allocations, or other funds
264for the administration of the Florida Communities Trust by
265a type two transfer from the Department of Community
266Affairs to the Department of Environmental Protection;
267providing for conforming legislation; providing for
268assistance to certain legislative substantive committees
269by the Division of Statutory Revision of the Office of
270Legislative Services for certain purposes; providing an
271effective date.
272
273Be It Enacted by the Legislature of the State of Florida:
274
275     Section 1.  Subsection (7) is added to section 20.18,
276Florida Statutes, to read:
277     20.18  Department of Community Affairs.--There is created a
278Department of Community Affairs.
279     (7)  There is created within the Florida Communities Trust
280an executive director who shall administratively serve the
281Florida Communities Trust. The executive director shall have all
282the powers and duties necessary to carry out the purposes
283provided in ss. 380.504-380.515. The executive director is to be
284appointed by the Governor and Cabinet sitting as the Board of
285Trustees of the Internal Improvement Trust Fund from a
286recommendation by the secretary of the Department of Community
287Affairs, subject to confirmation by the Senate. The executive
288director shall report directly to the Board of Trustees on all
289matters and shall serve at the exclusive pleasure of the Board
290of Trustees.
291     Section 2.  Paragraph (h) of subsection (3) of section
29220.255, Florida Statutes, is amended to read:
293     20.255  Department of Environmental Protection.--There is
294created a Department of Environmental Protection.
295     (3)  The following divisions of the Department of
296Environmental Protection are established:
297     (h)  Division of State Lands, the director of which is to
298be appointed by the Governor and Cabinet sitting as the Board of
299Trustees of the Internal Improvement Trust Fund from a
300recommendation by the secretary of the department, subject to
301confirmation by the Senate Governor and Cabinet sitting as the
302Board of Trustees of the Internal Improvement Trust Fund. The
303division director shall report directly to the Board of Trustees
304on all matters and shall serve at the exclusive pleasure of the
305Board of Trustees. The Florida Communities Trust program created
306pursuant to ss. 380.501-380.515 shall be located
307organizationally within the Division of State Lands.
308
309In order to ensure statewide and intradepartmental consistency,
310the department's divisions shall direct the district offices and
311bureaus on matters of interpretation and applicability of the
312department's rules and programs.
313     Section 3.  Paragraph (a) of subsection (1) of section
314201.15, Florida Statutes, is amended to read:
315     201.15  Distribution of taxes collected.--All taxes
316collected under this chapter shall be distributed as follows and
317shall be subject to the service charge imposed in s. 215.20(1),
318except that such service charge shall not be levied against any
319portion of taxes pledged to debt service on bonds to the extent
320that the amount of the service charge is required to pay any
321amounts relating to the bonds:
322     (1)  Sixty-two and sixty-three hundredths percent of the
323remaining taxes collected under this chapter shall be used for
324the following purposes:
325     (a)  Amounts as shall be necessary to pay the debt service
326on, or fund debt service reserve funds, rebate obligations, or
327other amounts payable with respect to Preservation 2000 bonds
328issued pursuant to s. 375.051 and Florida Forever bonds issued
329pursuant to s. 215.618, shall be paid into the State Treasury to
330the credit of the Land Acquisition Trust Fund to be used for
331such purposes. The amount transferred to the Land Acquisition
332Trust Fund shall not exceed $300 million in fiscal year 1999-
3332000 and thereafter for Preservation 2000 bonds and bonds issued
334to refund Preservation 2000 bonds, and $300 million in fiscal
335year 2000-2001 and thereafter for Florida Forever bonds. The
336annual amount transferred to the Land Acquisition Trust Fund for
337Florida Forever bonds shall not exceed $30 million in the first
338fiscal year in which bonds are issued. The limitation on the
339amount transferred shall be increased by an additional $30
340million in each subsequent fiscal year, but shall not exceed a
341total of $300 million in any fiscal year for all bonds issued.
342It is the intent of the Legislature that all bonds issued to
343fund the Florida Forever Act be retired by December 31, 2040
3442030. Except for bonds issued to refund previously issued bonds,
345no series of bonds may be issued pursuant to this paragraph
346unless such bonds are approved and the debt service for the
347remainder of the fiscal year in which the bonds are issued is
348specifically appropriated in the General Appropriations Act. For
349purposes of refunding Preservation 2000 bonds, amounts
350designated within this section for Preservation 2000 and Florida
351Forever bonds may be transferred between the two programs to the
352extent provided for in the documents authorizing the issuance of
353the bonds. The Preservation 2000 bonds and Florida Forever bonds
354shall be equally and ratably secured by moneys distributable to
355the Land Acquisition Trust Fund pursuant to this section, except
356to the extent specifically provided otherwise by the documents
357authorizing the issuance of the bonds. No moneys transferred to
358the Land Acquisition Trust Fund pursuant to this paragraph, or
359earnings thereon, shall be used or made available to pay debt
360service on the Save Our Coast revenue bonds.
361     Section 4.  Subsection (1) of section 215.618, Florida
362Statutes, is amended to read:
363     215.618  Bonds for acquisition and improvement of land,
364water areas, and related property interests and resources.--
365     (1)(a)  The issuance of Florida Forever bonds, not to
366exceed $5.3 $3 billion, to finance or refinance the cost of
367acquisition and improvement of land, water areas, and related
368property interests and resources, in urban and rural settings,
369for the purposes of restoration, conservation, recreation, water
370resource development, or historical preservation, and for
371capital improvements to lands and water areas that accomplish
372environmental restoration, enhance public access and
373recreational enjoyment, promote long-term management goals, and
374facilitate water resource development is hereby authorized,
375subject to the provisions of s. 259.105 and pursuant to s.
37611(e), Art. VII of the State Constitution. Florida Forever bonds
377may also be issued to refund Preservation 2000 bonds issued
378pursuant to s. 375.051. The $5.3 $3 billion limitation on the
379issuance of Florida Forever bonds does not apply to refunding
380bonds. The duration of each series of Florida Forever bonds
381issued may not exceed 20 annual maturities. Preservation 2000
382bonds and Florida Forever bonds shall be equally and ratably
383secured by moneys distributable to the Land Acquisition Trust
384Fund pursuant to s. 201.15(1)(a), except to the extent
385specifically provided otherwise by the documents authorizing the
386issuance of the bonds.
387     (b)  Beginning July 1, 2010, the Legislature shall analyze
388the state's debt ratio in relation to projected revenues prior
389to the authorization to issue any bonds for Florida Forever land
390acquisition.
391     (c)  By February 1, 2010, the Legislature shall complete an
392analysis of potential revenue sources for Florida Forever.
393     Section 5.  Subsection (1) of section 253.002, Florida
394Statutes, is amended to read:
395     253.002  Department of Environmental Protection, water
396management districts, Department of State, Fish and Wildlife
397Conservation Commission, and Department of Agriculture and
398Consumer Services; duties with respect to state lands.--
399     (1)  The Department of Environmental Protection shall
400perform all staff duties and functions related to the
401acquisition, administration, and disposition of state lands,
402title to which is or will be vested in the Board of Trustees of
403the Internal Improvement Trust Fund. The Fish and Wildlife
404Conservation Commission and the Department of Agriculture and
405Consumer Services are designated the state's primary land
406managers. The duties and responsibilities of the state's primary
407land managers include, but are not limited to, developing the
408land management plans required pursuant to s. 253.034,
409implementing the approved land management plans, and monitoring
410the results of land management activities conducted pursuant s.
411253.034. The Department of State and the Department of
412Environmental Protection are designated as the state's specialty
413land managers. Specialty land managers manage sites that focus
414on providing education, public access and recreation at sites
415that include, but are not limited to, parks, gardens, aquatic
416preserves, museums, and historical and cultural sites. The
417duties and responsibilities of the state's specialty land
418managers include, but are not limited to, developing the land
419management plans required pursuant to s. 253.034, implementing
420the approved land management plans, and monitoring the results
421of land management activities conducted pursuant s. 253.034
422related to public access and recreation, and public-use
423administration. It is the intent of the Legislature that the
424agencies carry out these duties in a cost-effective manner by
425exploring private-sector innovation, best land management
426practices and, wherever cost-effective, partnering with private
427entities to best accomplish these duties and responsibilities at
428a cost savings to the taxpayers of Florida. Therefore, each
429agency, in consultation with the Acquisition and Restoration
430Council shall, no later than October 1, 2008, and biennially
431thereafter, request information from private land managers, land
432management consultation firms, and other interested parties
433experienced in land management to evaluate whether private
434contractors can accomplish these duties and responsibilities at
435a lesser cost than those costs incurred by the agencies. Within
4362 months after issuing this request, the agencies shall compile,
437review and evaluate this information and may, either
438individually or collectively, begin procurements consistent with
439chapter 287 to contract with private land managers, land
440management consulting firms, and other interested parties
441experienced in land management to accomplish some or all of
442these duties and responsibilities when cost-effective. When the
443agencies choose not to procure or contract with a private
444entity, the agencies shall provide an evaluation demonstrating
445the savings to be attained by performing such services with
446existing resources. The evaluation shall be provided to the
447Acquisition and Restoration Council, the Executive Office of the
448Governor, the Speaker of the House Representatives, and the
449President of the Senate. The agencies' evaluation shall include
450an identification of all personnel assigned, all administrative
451overhead, and all costs to carry out the duties and
452responsibilities listed in this section related to land
453management. However, upon the effective date of rules adopted
454pursuant to s. 373.427, a water management district created
455under s. 373.069 shall perform the staff duties and functions
456related to the review of any application for authorization to
457use board of trustees-owned submerged lands necessary for an
458activity regulated under part IV of chapter 373 for which the
459water management district has permitting responsibility as set
460forth in an operating agreement adopted pursuant to s.
461373.046(4); and the Department of Agriculture and Consumer
462Services shall perform the staff duties and functions related to
463the review of applications and compliance with conditions for
464use of board of trustees-owned submerged lands under
465authorizations or leases issued pursuant to ss. 253.67-253.75
466and 597.010. Unless expressly prohibited by law, the board of
467trustees may delegate to the department any statutory duty or
468obligation relating to the acquisition, administration, or
469disposition of lands, title to which is or will be vested in the
470board of trustees. The board of trustees may also delegate to
471any water management district created under s. 373.069 the
472authority to take final agency action, without any action on
473behalf of the board, on applications for authorization to use
474board of trustees-owned submerged lands for any activity
475regulated under part IV of chapter 373 for which the water
476management district has permitting responsibility as set forth
477in an operating agreement adopted pursuant to s. 373.046(4).
478This water management district responsibility under this
479subsection shall be subject to the department's general
480supervisory authority pursuant to s. 373.026(7). The board of
481trustees may also delegate to the Department of Agriculture and
482Consumer Services the authority to take final agency action on
483behalf of the board on applications to use board of trustees-
484owned submerged lands for any activity for which that department
485has responsibility pursuant to ss. 253.67-253.75 and 597.010.
486However, the board of trustees shall retain the authority to
487take final agency action on establishing any areas for leasing,
488new leases, expanding existing lease areas, or changing the type
489of lease activity in existing leases. Upon issuance of an
490aquaculture lease or other real property transaction relating to
491aquaculture, the Department of Agriculture and Consumer Services
492must send a copy of the document and the accompanying survey to
493the Department of Environmental Protection.
494     Section 6.  Subsections (6) and (7) of section 253.025,
495Florida Statutes, are amended to read:
496     253.025  Acquisition of state lands for purposes other than
497preservation, conservation, and recreation.--
498     (6)  Prior to negotiations with the parcel owner to
499purchase land pursuant to this section, title to which will vest
500in the board of trustees, an appraisal of the parcel shall be
501required as follows:
502     (a)  Each parcel to be acquired shall have at least one
503appraisal. Two appraisals are required when the estimated value
504of the parcel exceeds $500,000 $1 million. When two appraisals
505are required, one appraiser shall be selected by the Department
506of Agriculture and Consumer Services. When both appraisals
507exceed $500,000 and differ significantly, a third appraisal
508shall be obtained, with the Department of Financial Services
509selecting the third appraiser. Two appraisals shall be
510considered to differ significantly if the higher of the two
511values exceeds 120 percent of the lower value. When the
512estimated value of a parcel exceeds $500,000, the review
513appraiser shall be selected by the Department of Financial
514Services. An agency shall select appraisers from the list of
515approved appraisers maintained by the Division of State Lands in
516accordance with paragraph (b). To provide for payment by the
517agency selecting the second and third appraiser and review
518appraiser, as required by this section, the Department of
519Environmental Protection shall enter into interagency agreements
520with the Department of Agriculture and Consumer Services and the
521Department of Financial Services, whereby funds will be
522transferred to those agencies for that purpose upon direction of
523the selecting agency. When a parcel is estimated to be worth
524$100,000 or less and the director of the Division of State Lands
525finds that the cost of an outside appraisal is not justified, an
526appraisal prepared by the division may be used a comparable
527sales analysis or other reasonably prudent procedures may be
528used by the division to estimate the value of the parcel,
529provided the public's interest is reasonably protected. The
530state is not required to appraise the value of lands and
531appurtenances that are being donated to the state.
532     (b)  Appraisal fees shall be paid by the agency proposing
533the acquisition. The board of trustees shall approve qualified
534fee appraisal organizations. All appraisals used for the
535acquisition of lands pursuant to this section shall be prepared
536by a member of an approved appraisal organization or by a state-
537certified appraiser. The board of trustees Division of State
538Lands shall adopt rules for selecting individuals to perform
539appraisals pursuant to this section. Each fee appraiser selected
540to appraise a particular parcel shall, prior to contracting with
541the agency, submit to that agency an affidavit substantiating
542that he or she has no vested or fiduciary interest in such
543parcel.
544     (c)  The board of trustees shall adopt by rule the minimum
545criteria, techniques, and methods to be used in the preparation
546of appraisal reports. Such rules shall incorporate, to the
547extent practicable, generally accepted appraisal standards. Any
548appraisal issued for acquisition of lands pursuant to this
549section must comply with the rules adopted by the board of
550trustees. A certified survey must be made which meets the
551minimum requirements for upland parcels established in the
552Minimum Technical Standards for Land Surveying in Florida
553published by the Department of Business and Professional
554Regulation and which accurately portrays, to the greatest extent
555practicable, the condition of the parcel as it currently exists.
556The requirement for a certified survey may, in part or in whole,
557be waived by the board of trustees any time prior to submitting
558the agreement for purchase to the Division of State Lands. When
559an existing boundary map and description of a parcel are
560determined by the division to be sufficient for appraisal
561purposes, the division director may temporarily waive the
562requirement for a survey until any time prior to conveyance of
563title to the parcel. The fee appraiser and the review appraiser
564for the agency shall not act in any way that may be construed as
565negotiating with the property owner.
566     (d)  Appraisal reports are confidential and exempt from the
567provisions of s. 119.07(1), for use by the agency and the board
568of trustees, until an option contract is executed or, if no
569option contract is executed, until 2 weeks before a contract or
570agreement for purchase is considered for approval by the board
571of trustees. However, the Division of State Lands may disclose
572appraisal information to public agencies or nonprofit
573organizations that agree to maintain the confidentiality of the
574reports or information when joint acquisition of property is
575contemplated, or when a public agency or nonprofit organization
576enters into a written agreement with the division to purchase
577and hold property for subsequent resale to the division. In
578addition, the division may use, as its own, appraisals obtained
579by a public agency or nonprofit organization, provided the
580appraiser is selected from the division's list of appraisers and
581the appraisal is reviewed and approved by the division. For the
582purposes of this paragraph, "nonprofit organization" means an
583organization whose purpose is the preservation of natural
584resources, and which is exempt from federal income tax under s.
585501(c)(3) of the Internal Revenue Code. The agency may release
586an appraisal report when the passage of time has rendered the
587conclusions of value in the report invalid.
588     (e)  Prior to acceptance of an appraisal, the agency shall
589submit a copy of such report to the Division of State Lands. The
590division shall review such report for compliance with the rules
591of the board of trustees. With respect to proposed purchases in
592excess of $250,000, this review shall include a general field
593inspection of the subject property by the review appraiser. The
594review appraiser may reject an appraisal report following a desk
595review, but is prohibited from approving an appraisal report in
596excess of $250,000 without a field review. Any questions of
597applicability of laws affecting an appraisal shall be addressed
598by the legal office of the agency.
599     (f)  The appraisal report shall be accompanied by the sales
600history of the parcel for at least the prior 5 years. Such sales
601history shall include all parties and considerations with the
602amount of consideration verified, if possible. If a sales
603history would not be useful, or its cost prohibitive compared to
604the value of a parcel, the sales history may be waived by the
605board of trustees Secretary of Environmental Protection or the
606director of the Division of State Lands. The board of trustees
607department shall adopt a rule specifying guidelines for waiver
608of a sales history.
609     (g)  The board of trustees may consider an appraisal
610acquired by a seller, or any part thereof, in negotiating to
611purchase a parcel, but such appraisal may not be used in lieu of
612an appraisal required by this subsection or to determine the
613maximum offer allowed by law.
614     (7)(a)  When the owner is represented by an agent or
615broker, negotiations may not be initiated or continued until a
616written statement verifying such agent's or broker's legal or
617fiduciary relationship with the owner is on file with the
618agency.
619     (b)  The board of trustees or any state agency may contract
620for real estate acquisition services, including, but not limited
621to, contracts for real estate commission fees.
622     (c)  Upon the initiation of negotiations, the state agency
623shall inform the owner in writing that all agreements for
624purchase are subject to approval by the board of trustees.
625     (d)  All offers or counteroffers shall be documented in
626writing and shall be confidential and exempt from the provisions
627of s. 119.07(1) until an option contract is executed, or if no
628option contract is executed, until 2 weeks before a contract or
629agreement for purchase is considered for approval by the board
630of trustees. The agency shall maintain complete and accurate
631records of all offers and counteroffers for all projects.
632     (e)1.  The board of trustees shall adopt by rule the method
633for determining the value of parcels sought to be acquired by
634state agencies pursuant to this section. No offer by a state
635agency, except an offer by an agency acquiring lands pursuant to
636s. 259.041, may exceed the value for that parcel as determined
637pursuant to the highest approved appraisal or the value
638determined pursuant to the rules of the board of trustees,
639whichever value is less.
640     2.  In the case of a joint acquisition by a state agency
641and a local government or other entity apart from the state, the
642joint purchase price may not exceed 150 percent of the value for
643a parcel as determined in accordance with the limits prescribed
644in subparagraph 1. The state agency share of a joint purchase
645offer shall may not exceed the difference between the appraised
646value, as determined by the state, and the sum of the
647contributions of the other parties what the agency may offer
648singly as prescribed by subparagraph 1.
649     3.  The provisions of this paragraph do not apply to the
650acquisition of historically unique or significant property as
651determined by the Division of Historical Resources of the
652Department of State.
653     (f)  When making an offer to a landowner, a state agency
654shall consider the desirability of a single cash payment in
655relation to the maximum offer allowed by law.
656     (g)  The state shall have the authority to reimburse the
657owner for the cost of the survey when deemed appropriate. The
658reimbursement shall not be considered a part of the purchase
659price.
660     (h)  A final offer shall be in the form of an option
661contract or agreement for purchase and shall be signed and
662attested to by the owner and the representative of the agency.
663Before the agency executes the option contract or agreement for
664purchase, the contract or agreement shall be reviewed for form
665and legality by legal staff of the agency. Before the agency
666signs the agreement for purchase or exercises the option
667contract, the provisions of s. 286.23 shall be complied with.
668Within 10 days after the signing of the agreement for purchase,
669the state agency shall furnish the Division of State Lands with
670the original of the agreement for purchase along with copies of
671the disclosure notice, evidence of marketability, the accepted
672appraisal report, the fee appraiser's affidavit, a statement
673that the inventory of existing state-owned lands was examined
674and contained no available suitable land in the area, and a
675statement outlining the public purpose for which the acquisition
676is being made and the statutory authority therefor.
677     (i)  Within 45 days of receipt by the Division of State
678Lands of the agreement for purchase and the required
679documentation, the board of trustees or, when the purchase price
680does not exceed $100,000, its designee shall either reject or
681approve the agreement. An approved agreement for purchase is
682binding on both parties. Any agreement which has been
683disapproved shall be returned to the agency, along with a
684statement as to the deficiencies of the agreement or the
685supporting documentation. An agreement for purchase which has
686been disapproved by the board of trustees may be resubmitted
687when such deficiencies have been corrected.
688     Section 7.  Subsection (17) of section 253.03, Florida
689Statutes, is amended to read:
690     253.03  Board of trustees to administer state lands; lands
691enumerated.--
692     (17)  Notwithstanding subsections (1)-(16), for the 2007-
6932008 fiscal year only, and upon approval of the Board of
694Trustees of the Internal Improvement Trust Fund if necessary,
695the Division of State Lands of the Department of Environmental
696Protection shall lease the existing South Florida Evaluation and
697Treatment Center complex in Miami-Dade County, currently under
698lease to the Department of Children and Family Services, to
699Miami-Dade County for the amount of $1 per year for 99 years to
700be used by the county for its expanded jail diversion program.
701The lease of the property shall take place in the 2007-2008
702fiscal year, and Miami-Dade County shall sublease the facility
703to the existing lessee for $1 per year until the new South
704Florida Evaluation and Treatment Center is completed on or about
705April 2008. This subsection expires July 1, 2008.
706     Section 8.  Section 253.0325, Florida Statutes, is amended
707to read:
708     253.0325  Modernization of state lands records.--
709     (1)  The Division of State Lands Department of
710Environmental Protection shall initiate an ongoing computerized
711information systems program to modernize its state lands records
712and documents that relate to all lands that have been acquired
713under the Florida Preservation 2000 Act pursuant to s. 259.101
714or the Florida Forever Act pursuant to s. 259.105, and all lands
715to which title is vested in the Board of Trustees of the
716Internal Improvement Trust Fund. All recipients of funds
717pursuant to s. 259.101 or s. 259.105 shall annually submit their
718records for land acquired to facilitate the compilation of state
719lands inventory. The program shall include, at a minimum:
720     (a)  A document management component to automate the
721storage and retrieval of information contained in state lands
722records.
723     (b)  A land records management component to organize the
724records by key elements present in the data.
725     (c)  An evaluation component which includes the collection
726of resource and environmental data.
727     (d)  A mapping component to generate and store maps of
728state-owned parcels using data from the land records management
729and evaluation components.
730     (e)  The bond covenants related to each tract purchased
731pursuant to s. 259.101 or s. 259.105 and the expiration of such
732bond covenants.
733     (2)  The Division of State Lands shall initiate and
734maintain an information system that is the basis for land
735acquisition and land management decisionmaking and modeling. The
736information system shall be based on a uniform set of data. The
737Department of Agriculture and Consumer Services and the Fish and
738Wildlife Conservation Commission shall assist in the development
739and standardization of the information system. The information
740system shall be capable of mapping capital improvements,
741ecosystem, and current and planned land uses. The information
742system shall be utilized to map all current lands managed for
743conservation purposes, infrastructure, and future land
744acquisitions, both fee acquisitions and less-than-fee
745acquisitions. Additionally, the information system shall be
746utilized to demonstrate a comprehensive plan that protects,
747restores and manages the integrity and function of ecological
748systems, including waterways, springs and aquifers while
749maintaining working landscapes, including agriculture, and
750providing recreation space for urban and rural areas, including
751water access for the public. The existence and use of such an
752information system does not preclude the use of empirical data
753and other observational records including, but not limited to,
754cultural and historical records. The information system shall,
755at a minimum, map in an electronic format the natural
756communities on each tract of state land and each proposed land
757acquisition. "Natural community" is defined as a distinct and
758recurring assemblage of populations of plants, animals, fungi
759and microorganisms naturally associated with each other and
760their physical environment. Each natural community shall be
761partitioned into natural community categories. Each natural
762community category shall be partitioned into natural community
763groups, and each natural community group shall be partitioned
764into natural community types. The Division of State Lands may
765utilize a third party to develop or assist in developing,
766manage, or maintain the information system and its data. The
767information system and its data are to be the property of the
768state. The Division of State Lands shall review the form and
769content of the data utilized by the information system.
770     (3)(2)  At all stages of its records modernization program,
771the department shall seek to ensure information systems
772compatibility within the department and with other state, local,
773and regional governmental agencies. The department also shall
774seek to promote standardization in the collection of information
775regarding state-owned lands by federal, state, regional, and
776local agencies.
777     (4)(3)  The information collected and stored as a result of
778the department's modernization of state lands records shall not
779be considered a final or complete accounting of lands which the
780state owns or to which the state may claim ownership.
781     Section 9.  Section 253.034, Florida Statutes, is amended
782to read:
783     253.034  State-owned lands; uses.--
784     (1)  All lands acquired pursuant to chapter 259 shall be
785managed to serve the public interest by protecting and
786conserving land, air, water, and the state's natural resources,
787which contribute to the public health, welfare, and economy of
788the state. These lands shall be managed to provide for areas of
789natural resource based recreation, and to ensure the survival of
790plant and animal species and the conservation of finite and
791renewable natural resources. The state's lands and natural
792resources shall be managed using a stewardship ethic that
793assures these resources will be available for the benefit and
794enjoyment of all people of the state, both present and future.
795It is the intent of the Legislature that, where feasible and
796consistent with the goals of protection and conservation of
797natural resources associated with lands held in the public trust
798by the Board of Trustees of the Internal Improvement Trust Fund,
799public land not designated for single-use purposes pursuant to
800paragraph (2)(b) be managed for multiple-use purposes. All
801multiple-use land management strategies shall address public
802access and enjoyment, resource conservation and protection,
803ecosystem maintenance and protection, and protection of
804threatened and endangered species, and the degree to which
805public-private partnerships or endowments may allow the entity
806with management responsibility to enhance its ability to manage
807these lands. The council created in s. 259.035 shall recommend
808rules to the board of trustees, and the board shall adopt rules
809necessary to carry out the purposes of this section.
810     (2)  As used in this section, the following phrases have
811the following meanings:
812     (a)  "Multiple use" means the harmonious and coordinated
813management of public access, timber, recreation, conservation of
814fish and wildlife, forage, archaeological and historic sites,
815habitat and other biological resources, or water resources,
816including alternative water supplies and water resource
817development as defined in s. 373.019, so that they are utilized
818in the combination that will best serve the people of the state,
819making the most judicious use of the land for some or all of
820these resources and giving consideration to the relative values
821of the various resources. Where necessary and appropriate for
822all state-owned lands that are larger than 1,000 acres in
823project size and are managed for multiple uses, buffers may be
824formed around any areas that require special protection or have
825special management needs. Such buffers shall not exceed more
826than one-half of the total acreage. Multiple uses within a
827buffer area may be restricted to provide the necessary buffering
828effect desired. Multiple use in this context includes both uses
829of land or resources by more than one management entity, which
830may include private sector land managers. In any case, lands
831identified as multiple-use lands in the land management plan
832shall be managed to enhance public access and conserve the lands
833and resources for the enjoyment of the people of the state.
834     (b)  "Single use" means management for one particular
835purpose to the exclusion of all other purposes, except that the
836using entity shall have the option of including in its
837management program compatible secondary purposes which will not
838detract from or interfere with the primary management purpose.
839Such single uses may include, but are not necessarily restricted
840to, the use of agricultural lands for production of food and
841livestock, the use of improved sites and grounds for
842institutional purposes, and the use of lands for parks,
843preserves, wildlife management, archaeological or historic
844sites, or wilderness areas where the maintenance of essentially
845natural conditions is important. All submerged lands shall be
846considered single-use lands and shall be managed primarily for
847the maintenance of essentially natural conditions, the
848propagation of fish and wildlife, and public recreation,
849including hunting and fishing where deemed appropriate by the
850managing entity, except where the public's access to state
851waters is enhanced.
852     (c)  "Conservation lands" means lands that are currently
853managed for conservation, outdoor resource-based recreation, or
854archaeological or historic preservation, except those lands that
855were acquired solely to facilitate the acquisition of other
856conservation lands. Lands acquired for uses other than
857conservation, outdoor resource-based recreation, or
858archaeological or historic preservation shall not be designated
859conservation lands except as otherwise authorized under this
860section. These lands shall include, but not be limited to, the
861following: correction and detention facilities, military
862installations and facilities, state office buildings,
863maintenance yards, state university or state community college
864campuses, agricultural field stations or offices, tower sites,
865law enforcement and license facilities, laboratories, hospitals,
866clinics, and other sites that possess no significant natural or
867historical resources. However, lands acquired solely to
868facilitate the acquisition of other conservation lands shall,
869and for which the land management plan has not yet been
870completed or updated, may be evaluated by the Board of Trustees
871of the Internal Improvement Trust Fund on a case-by-case basis
872to determine if they will be designated conservation lands.
873However, lands acquired solely to facilitate the acquisition of
874other conservation lands shall be deemed conservation lands and
875included in land management plans, if doing so provides an
876increase in public access and recreation opportunities or
877creates a more efficient land management plan.
878     (d)  "Imperiled species," as used in this chapter and
879chapter 259, shall mean plants and animals that are federally
880listed under the Endangered Species Act or state-listed by
881either the Fish and Wildlife Conservation Commission or the
882Department of Agriculture and Consumer Services.
883     (e)  "Public access," as used in this chapter and chapter
884259, shall mean access by the general public to state lands and
885waters, including vessel access made possible by boat ramps,
886docks, associated parking, and appropriate amenities approved by
887the board of trustees excluding marinas, fuel dispensing and
888storage. The exclusions do not apply to existing facilities on
889state lands, facilities existing at the time of acquisition by
890the state and working waterfronts acquisitions purchased
891pursuant to s. 570.71.
892
893Lands acquired by the state as a gift, through donation, or by
894any other conveyance for which no consideration was paid, and
895which are not managed for conservation, outdoor resource-based
896recreation, or archaeological or historic preservation under a
897land management plan approved by the board of trustees are not
898conservation lands.
899     (3)  In recognition that recreational trails purchased with
900rails-to-trails funds pursuant to s. 259.101(3)(g) or s.
901259.105(3)(h) have had historic transportation uses and that
902their linear character may extend many miles, the Legislature
903intends that when the necessity arises to serve public needs,
904after balancing the need to protect trail users from collisions
905with automobiles and a preference for the use of overpasses and
906underpasses to the greatest extent feasible and practical,
907transportation uses shall be allowed to cross recreational
908trails purchased pursuant to s. 259.101(3)(g) or s.
909259.105(3)(h). When these crossings are needed, the location and
910design should consider and mitigate the impact on humans and
911environmental resources, and the value of the land shall be paid
912based on fair market value.
913     (4)  No management agreement, lease, or other instrument
914authorizing the use of lands owned by the Board of Trustees of
915the Internal Improvement Trust Fund shall be executed for a
916period greater than is necessary to provide for the reasonable
917use of the land for the existing or planned life cycle or
918amortization of the improvements, except that an easement in
919perpetuity may be granted by the Board of Trustees of the
920Internal Improvement Trust Fund if the improvement is a
921transportation facility. An entity managing or leasing state-
922owned lands from the board may not sublease such lands without
923prior review by the division and, for conservation lands, by the
924Acquisition and Restoration Council created in s. 259.035. All
925management agreements, leases, or other instruments authorizing
926the use of lands owned by the board shall be reviewed for
927approval by the board or its designee. The council is not
928required to review subleases of parcels which are less than 160
929acres in size.
930     (5)  Each manager of conservation lands shall submit to the
931Division of State Lands a land management plan at least every 10
932years in a form and manner prescribed by rule by the board and
933in accordance with the provisions of s. 259.032. Each manager of
934conservation lands shall also update a land management plan
935whenever the manager proposes to add new facilities or make
936substantive land use or management changes that were not
937addressed in the approved plan, or within 1 year of the addition
938of significant new lands. Each manager of nonconservation lands
939shall submit to the Division of State Lands a land use plan at
940least every 10 years in a form and manner prescribed by rule by
941the board. The division shall review each plan for compliance
942with the requirements of this subsection and the requirements of
943the rules established by the board pursuant to this section. All
944land use plans, whether for single-use or multiple-use
945properties, shall include an analysis of the property to
946determine if any significant natural or cultural resources are
947located on the property. Such resources include archaeological
948and historic sites, state and federally listed plant and animal
949species, and imperiled natural communities and unique natural
950features. If such resources occur on the property, the manager
951shall consult with the Division of State Lands and other
952appropriate agencies to develop management strategies to protect
953such resources. Land use plans shall also provide for the
954control of invasive nonnative plants and conservation of soil
955and water resources, including a description of how the manager
956plans to control and prevent soil erosion and soil or water
957contamination. Land use plans submitted by a manager shall
958include reference to appropriate statutory authority for such
959use or uses and shall conform to the appropriate policies and
960guidelines of the state land management plan. Plans for managed
961areas larger than 1,000 acres shall contain an analysis of the
962multiple-use potential of the property, which analysis shall
963include the potential of the property to generate revenues to
964enhance the management of the property. Additionally, the plan
965shall contain an analysis of the potential use of private land
966managers to facilitate the restoration or management of these
967lands. In those cases where a newly acquired property has a
968valid conservation plan that was developed by a soil and
969conservation district, such plan shall be used to guide
970management of the property until a formal land use plan is
971completed.
972     (a)  All state lands shall be managed to ensure the
973conservation of the state's plant and animal species and to
974ensure the accessibility of state lands for the benefit and
975enjoyment of all people of the state, both present and future.
976Each land management plan shall provide a desired future
977condition of the property, and shall describe both short-term
978and long-term management goals and include measurable objectives
979to achieve each goal. Short-term goals shall be achievable
980within a 2-year planning period and long-term goals shall be
981achievable within a 10-year planning period. These short-term
982and long-term management goals shall be the basis for all
983subsequent land management activities and are intended to be
984financially sustainable in achieving the desired future
985condition.
986     (b)  Short-term and long-term management goals shall
987include measureable objectives for the following:
988     1.  Natural communities habitat maintenance, restoration,
989and improvement.
990     2.  Wildlife habitat maintenance, restoration, and
991improvement.
992     3.  Advancement of imperiled species, both plant and
993animal.
994     4.  Public access and recreational opportunities.
995     5.  Hydrological preservation and restoration.
996     6.  Sustainable forest management.
997     7.  Exotic and invasive species maintenance and control.
998     8.  Capital facilities and infrastructure.
999     9.  Financial sustainability of land management activities.
1000     (c)  The land management plan shall, at a minimum, contain
1001the following elements:
1002     1.  Physical description of the land.
1003     2.  A quantitative data description of the land that
1004includes an inventory of:
1005     a.  Forest resources;
1006     b.  Imperiled species and their habitats;
1007     c.  Exotic and invasive plants;
1008     d.  Hydrological features;
1009     e.  Infrastructure and capital improvements, including
1010recreational facilities; and
1011     f.  Other significant land features.
1012
1013The inventory under subparagraph 2. shall reflect the number of
1014acres for each resource and feature, when appropriate. The
1015inventory shall be included in the information system
1016established pursuant to s. 253.0325(2). The inventory shall be
1017of such detail that objective measures and benchmarks can be
1018established for each tract of land and monitored during the
1019lifetime of the plan. All quantitative data collected shall be
1020aggregated, standardized, collected and presented in an
1021electronic format to allow for uniform management reporting and
1022analysis. The information collected by the Department of
1023Environmental Protection pursuant to s. 253.0325(2) shall be
1024available to the land manager and the land manager's assignee.
1025     3.  A detailed description of each short-term and long-term
1026land management goal, the associated measureable objectives, and
1027the related activities that are to be performed to meet the land
1028management objectives. Where habitat or potential habitat for
1029imperiled species is located on state lands, the short-term and
1030long-term management goals shall advance the goals and
1031objectives of the Fish and Wildlife Conservation Commission
1032management plan approved under commission rule. Each land
1033management objective must be addressed by the land management
1034plan. No land management objective shall be performed to the
1035detriment of the other land management objectives or contrary to
1036the goals and objectives of the Fish and Wildlife Conservation
1037Commission management plan approved under commission rule. Every
1038land management objective must lead to the desired future
1039condition of the property.
1040     4.  A schedule of land management activities shall be
1041prepared that contains short-term and long-term land management
1042goals and the related measureable objectives and activities. The
1043schedule shall include for each activity a timeline for
1044completion and detailed cost estimates, including expense and
1045personnel budgets. The schedule is to provide a management tool
1046that facilitates development of performance measures.
1047     5.  A summary budget for the scheduled land management
1048activities of the land management plan. For state lands
1049containing or anticipated to contain imperiled species habitat,
1050the summary budget shall include the expected revenues from fees
1051collected for adverse impact to imperiled species from public or
1052private projects. The summary budget shall be prepared in such a
1053manner that it facilitates computing an aggregate accounting of
1054land management costs for all state-managed lands utilizing the
1055categories described in s. 259.037(3).
1056     (d)  Upon completion, the land management plan will be
1057transmitted to the Acquisition and Restoration Council for
1058review. The Acquisition and Restoration Council shall have 60
1059days to review the plan and submit its recommendations to the
1060board of trustees. During the review period, the land management
1061plan may be revised if agreed to by the primary land manager and
1062the Acquisition and Restoration Council taking into
1063consideration public input. If the Acquisition and Restoration
1064Council fails to make a recommendation for a land management
1065plan, the Secretary of the Department of Environmental
1066Protection, Commissioner of Agriculture, or the Executive
1067Director of the Fish and Wildlife Conservation Commission or
1068their designees shall submit the land management plan to the
1069board of trustees. The land management plan becomes operational
1070upon approval by the board of trustees.
1071     (e)  Beginning July 1, 2010, and biennially thereafter,
1072state lands with an approved land management plan must be
1073monitored for land management activities by a monitoring team
1074and reviewed by a third party selected by Acquisition and
1075Restoration Council. The Division of State Lands shall
1076coordinate the activities of the review teams and third parties.
1077The land management monitoring team shall consist of three
1078members. One member shall be selected by the Secretary of
1079Department of Environmental Protection, or his or her designee,
1080and shall have experience with public recreation or public-use
1081administration. One member shall be selected by the Commissioner
1082of Agriculture, or his or her designee, and shall have
1083experience with applied land management. One member shall be
1084selected by the executive director of Fish and Wildlife
1085Conservation Commission, or his or her designee, and shall have
1086experience with applied habitat management. The monitoring team
1087shall prepare a monitoring report that assesses the progress
1088towards achieving short-term and long-term land management goals
1089and shall propose corrective actions for identified deficiencies
1090in management activities. The monitoring report shall be
1091submitted to the Acquisition and Restoration Council and the
1092managing agency. The third party reviewer selected by the
1093Acquisition and Restoration Council shall perform an audit of
1094selected land management activities based on a risk-based
1095approach and shall identify the progress toward achieving short-
1096term and long-term land management goals. The third party audit
1097is to be submitted to the Acquisition and Restoration Council
1098and the managing agency. The Acquisition and Restoration Council
1099shall review the monitoring report and the third party audit,
1100and determine whether the deficiencies warrant a corrective
1101action plan or revisions to the land management plan.
1102Significant and recurring deficiencies shall be brought before
1103the board of trustees, which shall determine whether the
1104corrective actions being proposed by the land manager and the
1105Acquisition and Restoration Council sufficiently address the
1106identified deficiencies. Corrective action plans shall be
1107prepared and submitted in the same manner as land management
1108plans.
1109     (f)  Land management plans are to be updated every 10 years
1110on a rotating basis.
1111     (g)  In developing land management plans, at least two
1112public hearings must be held within the county most affected by
1113the parcel or project.
1114     (h)(a)  The Division of State Lands shall make available to
1115the public an electronic a copy of each land management plan for
1116parcels that exceed 160 acres in size. The Division of State
1117Lands council shall review each plan for compliance with the
1118requirements of this subsection, the requirements of chapter
1119259, and the requirements of the rules established by the board
1120pursuant to this section. The council shall also consider the
1121propriety of the recommendations of the managing entity with
1122regard to the future use of the property, the protection of
1123fragile or nonrenewable resources, the potential for alternative
1124or multiple uses not recognized by the managing entity, and the
1125possibility of disposal of the property by the board. After its
1126review, the council shall submit the plan, along with its
1127recommendations and comments, to the board. The council shall
1128specifically recommend to the board whether to approve the plan
1129as submitted, approve the plan with modifications, or reject the
1130plan. If the Acquisition and Restoration Council fails to make a
1131recommendation for a land management plan, the Secretary of the
1132Department of Environmental Protection, the Commissioner of
1133Agriculture, or the Executive Director of the Fish and Wildlife
1134Conservation Commission or their designees shall submit the land
1135management plan to the board of trustees.
1136     (i)(b)  The Board of Trustees of the Internal Improvement
1137Trust Fund shall consider the land management plan submitted by
1138each entity and the recommendations of the council and the
1139Division of State Lands and shall approve the plan with or
1140without modification or reject such plan. The use or possession
1141of any such lands that is not in accordance with an approved
1142land management plan is subject to termination by the board.
1143     (6)  The Board of Trustees of the Internal Improvement
1144Trust Fund shall determine which lands, the title to which is
1145vested in the board, may be surplused. For conservation lands,
1146the board shall make a determination that the lands are no
1147longer needed for conservation purposes and may dispose of them
1148by an affirmative vote of at least three members. In the case of
1149a land exchange involving the disposition of conservation lands,
1150the board must determine by an affirmative vote of at least
1151three members that the exchange will result in a net positive
1152conservation benefit. For all other lands, the board shall make
1153a determination that the lands are no longer needed and may
1154dispose of them by an affirmative vote of at least three
1155members.
1156     (a)  For the purposes of this subsection, all lands
1157acquired by the state prior to July 1, 1999, using proceeds from
1158the Preservation 2000 bonds, the Conservation and Recreation
1159Lands Trust Fund, the Water Management Lands Trust Fund,
1160Environmentally Endangered Lands Program, and the Save Our Coast
1161Program and titled to the board, which lands are identified as
1162core parcels or within original project boundaries, shall be
1163deemed to have been acquired for conservation purposes.
1164     (b)  For any lands purchased by the state on or after July
11651, 1999, a determination shall be made by the board prior to
1166acquisition as to those parcels that shall be designated as
1167having been acquired for conservation purposes. No lands
1168acquired for use by the Department of Corrections, the
1169Department of Management Services for use as state offices, the
1170Department of Transportation, except those specifically managed
1171for conservation or recreation purposes, or the State University
1172System or the Florida Community College System shall be
1173designated as having been purchased for conservation purposes.
1174     (c)  At least every 10 years, as a component of each land
1175management plan or land use plan and in a form and manner
1176prescribed by rule by the board, each manager shall evaluate and
1177indicate to the board those lands that are not being used for
1178the state purposes purpose for which they were originally
1179leased. For conservation lands, the council shall review and
1180shall recommend to the board whether such lands should be
1181retained in public ownership or disposed of by the board. For
1182nonconservation lands, the division shall review such lands and
1183shall recommend to the board whether such lands should be
1184retained in public ownership or disposed of by the board.
1185     (d)  Lands owned by the board which are not actively
1186managed by any state agency or for which a land management plan
1187has not been completed pursuant to subsection (5) shall be
1188reviewed by the council or its successor for its recommendation
1189as to whether such lands should be managed by a private
1190contractor, leased, or disposed of by the board.
1191     (e)  Prior to any decision by the board to surplus lands,
1192the Acquisition and Restoration Council shall review and make
1193recommendations to the board concerning the request for
1194surplusing. The council shall determine whether the request for
1195surplusing is compatible with the resource values of and
1196management objectives for such lands.
1197     (f)1.  In reviewing lands owned by the board, the council
1198shall consider whether such lands would be more appropriately
1199owned or managed by the county or other unit of local government
1200in which the land is located. The council shall recommend to the
1201board whether a sale, lease, or other conveyance to a local
1202government would be in the best interests of the state and local
1203government. The provisions of this paragraph in no way limit the
1204provisions of ss. 253.111 and 253.115. Such lands shall be
1205offered to the state, county, or local government for a period
1206of 45 30 days. Permittable uses for such surplus lands may
1207include public schools; public libraries; fire or law
1208enforcement substations; governmental, judicial, or recreational
1209centers; and affordable housing meeting the criteria of s.
1210420.0004(3). County or local government requests for surplus
1211lands shall be expedited throughout the surplusing process. If
1212the county or local government does not elect to purchase such
1213lands in accordance with s. 253.111, then any surplusing
1214determination involving other governmental agencies shall be
1215made upon the board deciding the best public use of the lands.
1216Surplus properties in which governmental agencies have expressed
1217no interest shall then be available for sale on the private
1218market.
1219     2.  Notwithstanding subparagraph 1., any parcel of surplus
1220lands less than 3 acres in size which was acquired by the state
1221before 1955 by gift or other conveyance or for $1 consideration
1222from a fair association incorporated under chapter 616 for the
1223purpose of conducting and operating public fairs or expositions,
1224and concerning which the department has filed by July 1, 2008, a
1225notice of intent to dispose of as surplus lands, shall be
1226offered for reconveyance to such fair association for no
1227consideration; however, the agency that last held the lease from
1228the board for management of such lands may remove from the lands
1229any improvements, fixtures, goods, wares, and merchandise within
1230180 days after the effective date of the reconveyance. This
1231subparagraph expires July 1, 2008.
1232     (g)  The sale price of lands determined to be surplus
1233pursuant to this subsection and s. 253.82 shall be determined by
1234the division and shall take into consideration an appraisal of
1235the property, or, when the estimated value of the land is less
1236than $100,000, a comparable sales analysis or a broker's opinion
1237of value. In the event that a single appraisal yields a value
1238equal to or greater than $1 million, a second appraisal is
1239required. The individual or entity requesting the surplus shall
1240select and use appraisers from the list of approved appraisers
1241maintained by the Division of State Lands in accordance with s.
1242253.025(6)(b). The individual or entity requesting the surplus
1243is to incur all costs of the second appraisal, and the price
1244paid by the state to originally acquire the lands.
1245     1.a.  A written valuation of land determined to be surplus
1246pursuant to this subsection and s. 253.82, and related documents
1247used to form the valuation or which pertain to the valuation,
1248are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1249I of the State Constitution until 2 weeks before the contract or
1250agreement regarding the purchase, exchange, or disposal of the
1251surplus land is first considered for approval by the board.
1252Notwithstanding the exemption provided under this subparagraph,
1253the division may disclose appraisals, valuations, or valuation
1254information regarding surplus land during negotiations for the
1255sale or exchange of the land, during the marketing effort or
1256bidding process associated with the sale, disposal, or exchange
1257of the land to facilitate closure of such effort or process,
1258when the passage of time has made the conclusions of value
1259invalid, or when negotiations or marketing efforts concerning
1260the land are concluded.
1261     b.  This subparagraph is subject to the Open Government
1262Sunset Review Act of 1995 in accordance with s. 119.15, and
1263shall stand repealed on October 2, 2009, unless reviewed and
1264saved from repeal through reenactment by the Legislature.
1265     2.  A unit of government that acquires title to lands
1266hereunder for less than appraised value may not sell or transfer
1267title to all or any portion of the lands to any private owner
1268for a period of 10 years. Any unit of government seeking to
1269transfer or sell lands pursuant to this paragraph shall first
1270allow the board of trustees to reacquire such lands for the
1271price at which the board sold such lands.
1272     (h)  Where a unit of government acquired land by gift,
1273donation, grant, quitclaim deed, or other such conveyance where
1274no monetary consideration was exchanged, the price of land sold
1275as surplus may be based on one appraisal. In the event that a
1276single appraisal yields a value equal to or greater than $1
1277million, a second appraisal is required. The individual or
1278entity requesting the surplus shall select and use appraisers
1279from the list of approved appraisers maintained by the Division
1280of State Lands in accordance with s. 253.025(6)(b). The
1281individual or entity requesting the surplus is to incur all
1282costs of the appraisals.
1283     (h)(i)  After reviewing the recommendations of the council,
1284the board shall determine whether lands identified for surplus
1285are to be held for other public purposes or whether such lands
1286are no longer needed. The board may require an agency to release
1287its interest in such lands. For an agency that has requested the
1288use of a property that was to be declared as surplus, said
1289agency must have the property under lease within 6 months of the
1290date of expiration of the notice provisions required under this
1291subsection and s. 253.111.
1292     (i)(j)  Requests for surplusing may be made by any public
1293or private entity or person. All requests shall be submitted to
1294the lead managing agency for review and recommendation to the
1295council or its successor. Lead managing agencies shall have 90
1296days to review such requests and make recommendations. Any
1297surplusing requests that have not been acted upon within the 90-
1298day time period shall be immediately scheduled for hearing at
1299the next regularly scheduled meeting of the council or its
1300successor. Requests for surplusing pursuant to this paragraph
1301shall not be required to be offered to local or state
1302governments as provided in paragraph (f).
1303     (j)(k)  Proceeds from any sale of surplus lands pursuant to
1304this subsection shall be deposited into the fund from which such
1305lands were acquired. However, if the fund from which the lands
1306were originally acquired no longer exists, such proceeds shall
1307be deposited into an appropriate account to be used for land
1308management by the lead managing agency assigned the lands prior
1309to the lands being declared surplus. Funds received from the
1310sale of surplus nonconservation lands, or lands that were
1311acquired by gift, by donation, or for no consideration, shall be
1312deposited into the Internal Improvement Trust Fund.
1313     (k)(l)  Notwithstanding the provisions of this subsection,
1314no such disposition of land shall be made if such disposition
1315would have the effect of causing all or any portion of the
1316interest on any revenue bonds issued to lose the exclusion from
1317gross income for federal income tax purposes.
1318     (l)(m)  The sale of filled, formerly submerged land that
1319does not exceed 5 acres in area is not subject to review by the
1320council or its successor.
1321     (m)(n)  The board may adopt rules to implement the
1322provisions of this section, which may include procedures for
1323administering surplus land requests and criteria for when the
1324division may approve requests to surplus nonconservation lands
1325on behalf of the board.
1326     (7)  This section shall not be construed so as to affect:
1327     (a)  Other provisions of this chapter relating to oil, gas,
1328or mineral resources.
1329     (b)  The exclusive use of state-owned land subject to a
1330lease by the Board of Trustees of the Internal Improvement Trust
1331Fund of state-owned land for private uses and purposes.
1332     (c)  Sovereignty lands not leased for private uses and
1333purposes.
1334     (8)(a)  Notwithstanding other provisions of this section,
1335the Division of State Lands is directed to prepare a state
1336inventory of all federal lands and all lands titled in the name
1337of the state, a state agency, a water management district, or a
1338local government on a county-by-county basis. To facilitate the
1339development of the state inventory, each county shall direct the
1340appropriate county office with authority over the information to
1341provide the division with a county inventory of all lands
1342identified as federal lands and lands titled in the name of the
1343state, a state agency, a water management district, or a local
1344government. The Legislature recognizes the value of the state's
1345conservation lands as water recharge areas and air filters, and
1346in an effort to better understand the scientific underpinnings
1347of carbon sequestration, carbon capture, and greenhouse gas
1348mitigation, to inform policy and decisionmakers, and to provide
1349the infrastructure for land owners, the Department of
1350Agriculture and Consumer Services and the Division of Forestry
1351in consultation with the Department of Environmental Protection
1352shall contract with an organization experienced and specialized
1353in carbon sinks and emission budgets, to conduct an inventory of
1354all lands acquired pursuant to Preservation 2000 and Florida
1355Forever and that were titled in the name of the Board of
1356Trustees of the Internal Improvement Trust Fund. The inventory
1357shall determine the value of carbon capture and carbon
1358sequestration. Such inventory shall consider potential carbon
1359offset values of changes in land management practices including,
1360but not limited to, replanting of trees, routine prescribed
1361burns and land use conversion. Such an inventory shall be
1362completed and presented to the Board of Trustees by July 1,
13632009.
1364     (b)  The state inventory must distinguish between lands
1365purchased by the state or a water management district as part of
1366a core parcel or within original project boundaries, as those
1367terms are used to meet the surplus requirements of subsection
1368(6), and lands purchased by the state, a state agency, or a
1369water management district which are not essential or necessary
1370for conservation purposes.
1371     (c)  In any county having a population of 75,000 or less,
1372or a county having a population of 100,000 or less that is
1373contiguous to a county having a population of 75,000 or less, in
1374which more than 50 percent of the lands within the county
1375boundary are federal lands and lands titled in the name of the
1376state, a state agency, a water management district, or a local
1377government, those lands titled in the name of the state or a
1378state agency which are not essential or necessary to meet
1379conservation purposes may, upon request of a public or private
1380entity, be made available for purchase through the state's
1381surplusing process. Rights-of-way for existing, proposed, or
1382anticipated transportation facilities are exempt from the
1383requirements of this paragraph. Priority consideration shall be
1384given to buyers, public or private, willing to return the
1385property to productive use so long as the property can be
1386reentered onto the county ad valorem tax roll. Property acquired
1387with matching funds from a local government shall not be made
1388available for purchase without the consent of the local
1389government.
1390     (9)  Land management plans required to be submitted by the
1391Department of Corrections, the Department of Juvenile Justice,
1392the Department of Children and Family Services, or the
1393Department of Education are not subject to the provisions for
1394review by the council or its successor described in subsection
1395(5). Management plans filed by these agencies shall be made
1396available to the public electronically and for a period of 90
1397days at the administrative offices of the parcel or project
1398affected by the management plan and at the Tallahassee offices
1399of each agency. Any plans not objected to during the public
1400comment period shall be deemed approved. Any plans for which an
1401objection is filed shall be submitted to the Board of Trustees
1402of the Internal Improvement Trust Fund for consideration. The
1403Board of Trustees of the Internal Improvement Trust Fund shall
1404approve the plan with or without modification, or reject the
1405plan. The use or possession of any such lands which is not in
1406accordance with an approved land management plan is subject to
1407termination by the board.
1408     (10)  The following additional uses of conservation lands
1409acquired pursuant to the Florida Forever program and other
1410state-funded conservation land purchase programs shall be
1411authorized, upon a finding by the board of trustees, if they
1412meet the criteria specified in paragraphs (a)-(e): water
1413resource development projects, water supply development
1414projects, stormwater management projects, linear facilities, and
1415sustainable agriculture and forestry. Such additional uses are
1416authorized where:
1417     (a)  Not inconsistent with the management plan for such
1418lands;
1419     (b)  Compatible with the natural ecosystem and resource
1420values of such lands;
1421     (c)  The proposed use is appropriately located on such
1422lands and where due consideration is given to the use of other
1423available lands;
1424     (d)  The using entity reasonably compensates the
1425titleholder for such use based upon an appropriate measure of
1426value; and
1427     (e)  The use is consistent with the public interest.
1428
1429A decision by the board of trustees pursuant to this section
1430shall be given a presumption of correctness. Moneys received
1431from the use of state lands pursuant to this section shall be
1432returned to the lead managing entity in accordance with the
1433provisions of s. 259.032(11)(d).
1434     (11)  Lands listed as projects for acquisition may be
1435managed for conservation pursuant to s. 259.032, on an interim
1436basis by a private party in anticipation of a state purchase in
1437accordance with a contractual arrangement between the acquiring
1438agency and the private party that may include management service
1439contracts, leases, cost-share arrangements or resource
1440conservation agreements. Lands designated as eligible under this
1441subsection shall be managed to maintain or enhance the resources
1442the state is seeking to protect by acquiring the land. Funding
1443for these contractual arrangements may originate from the
1444documentary stamp tax revenue deposited into the Conservation
1445and Recreation Lands Trust Fund and Water Management Lands Trust
1446Fund. No more than 5 percent of funds allocated under the trust
1447funds shall be expended for this purpose.
1448     (12)  Any lands available to governmental employees,
1449including water management district employees, for hunting or
1450other recreational purposes shall also be made available to the
1451general public for such purposes.
1452     (13)(a)  All state lands may be used to protect, manage, or
1453restore habitat for native or imperiled species. The commission
1454shall submit an annual work plan for such uses to the
1455Acquisition and Restoration Council and the council may, at its
1456discretion, modify the work plan prior to approval. Following
1457approval of the work plan by the council, the commission shall
1458submit the approved work plan to the Board of Trustees of the
1459Internal Improvement Trust Fund for adoption.
1460     (b)  By February 1, 2010, the commission shall submit a
1461report to the Acquisition and Restoration Council and the board
1462of trustees on the efficacy of utilizing state-owned lands to
1463protect, manage, or restore habitat for native or imperiled
1464species. This subsection expires July 1, 2014. Notwithstanding
1465the provisions of this section, funds from the sale of property
1466by the Department of Highway Safety and Motor Vehicles located
1467in Palm Beach County are authorized to be deposited into the
1468Highway Safety Operating Trust Fund to facilitate the exchange
1469as provided in the General Appropriations Act, provided that at
1470the conclusion of both exchanges the values are equalized. This
1471subsection expires July 1, 2008.
1472     Section 10.  Section 253.036, Florida Statutes, is amended
1473to read:
1474     253.036  Forest management.--All land management plans
1475described in s. 253.034(5) which are prepared for parcels larger
1476than 1,000 acres shall contain an analysis of the multiple-use
1477potential of the parcel. The, which analysis shall include the
1478potential of the parcel to generate revenues to enhance the
1479management of the parcel. The Division of Forestry of the
1480Department of Agriculture and Consumer Services or other
1481qualified professional forester approved by the Division of
1482Forestry of the Department of Agriculture and Consumer Services
1483lead agency shall prepare the analysis, which shall contain a
1484component or section prepared by a qualified professional
1485forester which assesses the feasibility of managing timber
1486resources on the parcel for resource conservation and revenue
1487generation purposes through a stewardship ethic that embraces
1488sustainable forest management practices if the lead management
1489agency determines that the timber resource management is not in
1490conflict with the primary management objectives of the parcel.
1491For purposes of this section, practicing sustainable forest
1492management means meeting the needs of the present without
1493compromising the ability of future generations to meet their own
1494needs by practicing a land stewardship ethic which integrates
1495the reforestation, managing, growing, nurturing, and harvesting
1496of trees for useful products with the conservation of soil, air
1497and water quality, wildlife and fish habitat, and aesthetics.
1498The Legislature intends that each lead management agency,
1499whenever practicable and cost effective, use the services of the
1500Division of Forestry of the Florida Department of Agriculture
1501and Consumer Services or other qualified private sector
1502professional forester approved by Division of Forestry of the
1503Department of Agriculture and Consumer Services in completing
1504such feasibility assessments and implementing timber resource
1505management. The Legislature further intends that the lead
1506management agency develop a memorandum of agreement with the
1507Division of Forestry to provide for full reimbursement for any
1508services provided for the feasibility assessments or timber
1509resource management. All additional revenues generated through
1510multiple-use management or compatible secondary use management
1511shall be returned to the lead agency responsible for such
1512management and shall be used to pay for management activities on
1513all conservation, preservation, and recreation lands under the
1514agency's jurisdiction. In addition, such revenue shall be
1515segregated in an agency trust fund and shall remain available to
1516the agency in subsequent fiscal years to support land management
1517appropriations.
1518     Section 11.  Subsection (3) of section 253.111, Florida
1519Statutes, is amended to read:
1520     253.111  Notice to board of county commissioners before
1521sale.--The Board of Trustees of the Internal Improvement Trust
1522Fund of the state may not sell any land to which they hold title
1523unless and until they afford an opportunity to the county in
1524which such land is situated to receive such land on the
1525following terms and conditions:
1526     (3)  If the board receives, within 45 30 days after notice
1527is given to the board of county commissioners pursuant to
1528subsection (1), the certified copy of the resolution provided
1529for in subsection (2), the board shall forthwith convey to the
1530county such land at a price that is equal to its appraised
1531market value established by generally accepted professional
1532standards for real estate appraisal and subject to such other
1533terms and conditions as the board determines.
1534     Section 12.  Paragraph (b) of subsection (2) of section
1535253.82, Florida Statutes, is amended to read:
1536     253.82  Title of state or private owners to Murphy Act
1537lands.--
1538     (2)
1539     (b)  Land to which title is vested in the board of trustees
1540by paragraph (a) shall be treated in the same manner as other
1541nonsovereignty lands owned by the board. However, any parcel of
1542land the title to which is vested in the Board of Trustees of
1543the Internal Improvement Trust Fund pursuant to this section
1544which is 10 acres or less in size and has a an appraised market
1545value of $250,000 or less is hereby declared surplus, except for
1546lands determined to be needed for state use, and may be sold in
1547any manner provided by law. Only one appraisal shall be required
1548for a sale of such land. All proceeds from the sale of such land
1549shall be deposited into the Internal Improvement Trust Fund. The
1550Board of Trustees of the Internal Improvement Trust Fund is
1551authorized to adopt rules to implement the provisions of this
1552subsection.
1553     Section 13.  Section 259.032, Florida Statutes, is amended
1554to read:
1555     259.032  Conservation and Recreation Lands Trust Fund;
1556purpose.--
1557     (1)  It is the policy of the state that the citizens of
1558this state shall be assured public ownership of natural areas
1559for purposes of maintaining this state's unique natural
1560resources; protecting air, land, and water quality; promoting
1561water resource development to meet the needs of natural systems
1562and citizens of this state; promoting restoration activities on
1563public lands; and providing lands for natural resource based
1564recreation. In recognition of this policy, it is the intent of
1565the Legislature to provide such public lands for the people
1566residing in urban and metropolitan areas of the state, as well
1567as those residing in less populated, rural areas. It is the
1568further intent of the Legislature, with regard to the lands
1569described in paragraph (3)(c), that a high priority be given to
1570the acquisition, restoration, and management of such lands in or
1571near counties exhibiting the greatest concentration of
1572population and, with regard to the lands described in subsection
1573(3), that a high priority be given to acquiring lands or rights
1574or interests in lands proposed for acquisition pursuant to s.
1575570.71, or lands within any area designated as an area of
1576critical state concern under s. 380.05 which, in the judgment of
1577the advisory council established pursuant to s. 259.035, or its
1578successor, cannot be adequately protected by application of land
1579development regulations adopted pursuant to s. 380.05. Finally,
1580it is the Legislature's intent that lands acquired through this
1581program and any successor programs be managed in such a way as
1582to protect or restore their natural resource values, and provide
1583the greatest benefit, including public access, to the citizens
1584of this state.
1585     (2)(a)  The Conservation and Recreation Lands Trust Fund is
1586established within the Department of Environmental Protection.
1587The fund shall be used as a nonlapsing, revolving fund
1588exclusively for the purposes of this section. The fund shall be
1589credited with proceeds from the following excise taxes:
1590     1.  The excise taxes on documents as provided in s. 201.15;
1591and
1592     2.  The excise tax on the severance of phosphate rock as
1593provided in s. 211.3103.
1594
1595The Department of Revenue shall credit to the fund each month
1596the proceeds from such taxes as provided in this paragraph.
1597     (b)  There shall annually be transferred from the
1598Conservation and Recreation Lands Trust Fund to the Land
1599Acquisition Trust Fund that amount, not to exceed $20 million
1600annually, as shall be necessary to pay the debt service on, or
1601fund debt service reserve funds, rebate obligations, or other
1602amounts with respect to bonds issued pursuant to s. 375.051 to
1603acquire lands on the established priority list developed
1604pursuant to ss. 259.101(4) and 259.105; however, no moneys
1605transferred to the Land Acquisition Trust Fund pursuant to this
1606paragraph, or earnings thereon, shall be used or made available
1607to pay debt service on the Save Our Coast revenue bonds. Amounts
1608transferred annually from the Conservation and Recreation Lands
1609Trust Fund to the Land Acquisition Trust Fund pursuant to this
1610paragraph shall have the highest priority over other payments or
1611transfers from the Conservation and Recreation Lands Trust Fund,
1612and no other payments or transfers shall be made from the
1613Conservation and Recreation Lands Trust Fund until such
1614transfers to the Land Acquisition Trust Fund have been made.
1615Moneys in the Conservation and Recreation Lands Trust Fund also
1616shall be used to manage lands and to pay for related costs,
1617activities, and functions pursuant to the provisions of this
1618section.
1619     (3)  The Governor and Cabinet, sitting as the Board of
1620Trustees of the Internal Improvement Trust Fund, may allocate
1621moneys from the fund in any one year to acquire the fee or any
1622lesser interest in lands for the following public purposes:
1623     (a)  To conserve and protect environmentally unique and
1624irreplaceable lands that contain native, relatively unaltered
1625flora and fauna representing a natural area unique to, or scarce
1626within, a region of this state or a larger geographic area;
1627     (b)  To conserve and protect lands within designated areas
1628of critical state concern, if the proposed acquisition relates
1629to the natural resource protection purposes of the designation;
1630     (c)  To conserve and protect native species habitat or
1631imperiled endangered or threatened species, emphasizing long-
1632term protection for imperiled endangered or threatened species
1633designated G-1 or G-2 by the Florida Natural Areas Inventory,
1634and especially those areas that are special locations for
1635breeding and reproduction;
1636     (d)  To conserve, protect, manage, or restore important
1637ecosystems, landscapes, and forests, if the protection and
1638conservation of such lands is necessary to enhance or protect
1639significant surface water, groundwater, coastal, recreational,
1640timber, or fish or wildlife resources which cannot otherwise be
1641accomplished through local and state regulatory programs;
1642     (e)  To promote water resource development that benefits
1643natural systems and citizens of the state;
1644     (f)  To facilitate the restoration and subsequent health
1645and vitality of the Florida Everglades;
1646     (g)  To provide areas, including recreational trails, for
1647natural resource based recreation and other outdoor recreation
1648on any part of any site compatible with conservation purposes;
1649     (h)  To preserve significant archaeological or historic
1650sites; or
1651     (i)  To conserve urban open spaces suitable for greenways
1652or outdoor recreation which are compatible with conservation
1653purposes.
1654     (j)  To preserve agricultural lands and working waterfronts
1655under threat of conversion to development through fee simple and
1656less-than-fee acquisitions, including acquisition pursuant to s.
1657570.71.
1658     (4)(a)  Lands acquired under this section shall be for use
1659as state-designated parks, recreation areas, preserves,
1660reserves, historic or archaeological sites, geologic or
1661botanical sites, recreational trails, forests, wilderness areas,
1662wildlife management areas, urban open space, or other state-
1663designated recreation or conservation lands; or they shall
1664qualify for such state designation and use if they are to be
1665managed by other governmental agencies or nonstate entities as
1666provided for in this section.
1667     (b)  In addition to the uses allowed in paragraph (a),
1668moneys may be transferred from the Conservation and Recreation
1669Lands Trust Fund to the Florida Forever Trust Fund or the Land
1670Acquisition Trust Fund. This paragraph expires July 1, 2007.
1671     (5)  The board of trustees may allocate, in any year, an
1672amount not to exceed 5 percent of the money credited to the fund
1673in that year, such allocation to be used for the purposes of
1674253.0325(2) initiation and maintenance of a natural areas
1675inventory to aid in the identification of areas to be acquired
1676pursuant to this section.
1677     (6)  Moneys in the fund not needed to meet obligations
1678incurred under this section shall be deposited with the Chief
1679Financial Officer to the credit of the fund and may be invested
1680in the manner provided by law. Interest received on such
1681investments shall be credited to the Conservation and Recreation
1682Lands Trust Fund.
1683     (7)  The board of trustees may enter into any contract
1684necessary to accomplish the purposes of this section. The lead
1685land managing agencies designated by the board of trustees also
1686are directed by the Legislature to enter into contracts or
1687interagency agreements with other governmental entities,
1688including local soil and water conservation districts, or
1689private land managers who have the expertise to perform specific
1690management activities which a lead agency lacks, or which would
1691cost more to provide in-house. Such activities shall include,
1692but not be limited to, controlled burning, road and ditch
1693maintenance, mowing, and wildlife assessments. The lead land
1694managing agency may contract with the Fish and Wildlife
1695Conservation Commission for those lands which contain imperiled
1696species habitat.
1697     (8)  Lands to be considered for purchase under this section
1698are subject to the selection procedures of s. 259.035 and
1699related rules and shall be acquired in accordance with
1700acquisition procedures for state lands provided for in s.
1701259.041, except for acquisition pursuant to s. 570.71 or as
1702otherwise provided by the Legislature. An inholding or an
1703addition to a project selected for purchase pursuant to this
1704chapter is not subject to the selection procedures of s. 259.035
1705if the estimated value of such inholding or addition does not
1706exceed $500,000. When at least 90 percent of the acreage of a
1707project has been purchased pursuant to this chapter, the project
1708may be removed from the list and the remaining acreage may
1709continue to be purchased. Moneys from the fund may be used for
1710title work, appraisal fees, environmental audits, and survey
1711costs related to acquisition expenses for lands to be acquired,
1712donated, or exchanged which qualify under the categories of this
1713section, at the discretion of the board. When the Legislature
1714has authorized the Department of Environmental Protection to
1715condemn a specific parcel of land and such parcel has already
1716been approved for acquisition under this section, the land may
1717be acquired in accordance with the provisions of chapter 73 or
1718chapter 74, and the fund may be used to pay the condemnation
1719award and all costs, including a reasonable attorney's fee,
1720associated with condemnation.
1721     (9)  All lands managed under this chapter and s. 253.034
1722shall be:
1723     (a)  Managed in a manner that will provide the greatest
1724combination of benefits to the public and to the resources.
1725     (b)  Managed for public outdoor recreation which is
1726compatible with the conservation and protection of public lands.
1727Such management may include, but not be limited to, the
1728following public recreational uses: fishing, hunting, camping,
1729bicycling, hiking, nature study, swimming, boating, canoeing,
1730horseback riding, diving, model hobbyist activities, birding,
1731sailing, jogging, and other related outdoor activities
1732compatible with the purposes for which the lands were acquired.
1733     (c)  Managed for the purposes for which the lands were
1734acquired, consistent with paragraph (11)(a).
1735     (d)  Concurrent with its adoption of the annual
1736Conservation and Recreation Lands list of acquisition projects
1737pursuant to s. 259.035, the board of trustees shall adopt a
1738management prospectus for each project. The management
1739prospectus shall delineate:
1740     1.  The management goals for the property;
1741     2.  The conditions that will affect the intensity of
1742management;
1743     3.  An estimate of the revenue-generating potential of the
1744property, if appropriate;
1745     4.  A timetable for implementing the various stages of
1746management and for providing access to the public, if
1747applicable;
1748     5.  A description of potential multiple-use activities as
1749described in this section and s. 253.034;
1750     6.  Provisions for protecting existing infrastructure and
1751for ensuring the security of the project upon acquisition;
1752     7.  The anticipated costs of restoration and management and
1753projected sources of revenue, including legislative
1754appropriations, to fund management needs; and
1755     8.  Recommendations as to how many employees will be needed
1756to manage the property, and recommendations as to whether local
1757governments, volunteer groups, the former landowner, or other
1758interested parties can be involved in the restoration and
1759management.
1760     (e)  Concurrent with the approval of the acquisition
1761contract pursuant to s. 259.041(3)(c) for any interest in lands
1762except those lands being acquired under the provisions of s.
1763259.1052, the board of trustees shall designate a primary land
1764manager an agency or agencies to restore and manage such lands
1765as provided for in s. 253.002(1). The board shall evaluate and
1766amend, as appropriate, the management policy statement for the
1767project as provided by s. 259.035, consistent with the purposes
1768for which the lands are acquired. For any fee simple acquisition
1769of a parcel which is or will be leased back for agricultural
1770purposes, or any acquisition of a less-than-fee interest in land
1771that is or will be used for agricultural purposes, the Board of
1772Trustees of the Internal Improvement Trust Fund shall first
1773consider having a soil and water conservation district, created
1774pursuant to chapter 582, manage and monitor such interests.
1775     (f)  State agencies designated to manage lands acquired
1776under this chapter except those lands acquired under s. 259.1052
1777may contract with the Department of Agriculture and Consumer
1778Services, the Department of Environmental Protection, the Fish
1779and Wildlife Conservation Commission, local governments, private
1780entities, and soil and water conservation districts to assist in
1781restoration and management activities, including the
1782responsibility of being the lead land manager. Such land
1783restoration and management contracts may include a provision for
1784the transfer of management funding to the local government or
1785soil and water conservation district from the Conservation and
1786Recreation Lands Trust Fund in an amount adequate for the local
1787government or soil and water conservation district to perform
1788its contractual land management responsibilities and
1789proportionate to its responsibilities, and which otherwise would
1790have been expended by the state agency to manage the property.
1791     (g)  Immediately following the acquisition of any interest
1792in lands under this chapter, the Division of State Lands
1793Department of Environmental Protection, acting on behalf of the
1794board of trustees, may issue to the lead managing entity an
1795interim assignment letter to be effective until the execution of
1796a formal lease.
1797     (10)(a)  State, regional, or local governmental agencies or
1798private entities designated to manage lands under this section
1799shall develop and adopt, with the approval of the board of
1800trustees, an individual management plan for each project
1801designed to conserve and protect such lands and their associated
1802natural resources. Private sector involvement in management plan
1803development may be used to expedite the planning process.
1804     (b)  Individual management plans required by s. 253.034(5),
1805for parcels over 160 acres, shall be developed with input from
1806an advisory group and the general public. Members of this
1807advisory group shall include, at a minimum, representatives of
1808the lead land managing agency, comanaging entities, local
1809private property owners, the appropriate soil and water
1810conservation district, a local conservation organization, and a
1811local elected official. The lead land manager and the advisory
1812group shall conduct at least two public hearings one public
1813hearing within the county in which the parcel or project is
1814located. For those parcels or projects that are within more than
1815one county, at least one additional areawide public hearing
1816shall be acceptable and the lead managing agency shall invite a
1817local elected official from each county. The additional areawide
1818public hearing shall not be held in the county in which the core
1819parcels are located. Notice of such public hearing shall be
1820posted on the parcel or project designated for management,
1821advertised in a paper of general circulation, and announced at a
1822scheduled meeting of the local governing body before the actual
1823public hearing. The management prospectus required pursuant to
1824paragraph (9)(d) and any draft land management plans shall be
1825available to the public for a period of 30 days prior to each
1826the public hearing.
1827     (c)  Once a plan is adopted, the managing agency or entity
1828shall update the plan at least every 10 years in a form and
1829manner prescribed by rule of the board of trustees. Such
1830updates, for parcels over 160 acres, shall be developed with
1831input from an advisory group in the same manner as described in
1832paragraph (b). Such plans may include transfers of leasehold
1833interests to appropriate conservation organizations or
1834governmental entities designated by the Acquisition and
1835Restoration Council Land Acquisition and Management Advisory
1836Council or its successor, for uses consistent with the purposes
1837of the organizations and the protection, preservation,
1838conservation, restoration, and proper management of the lands
1839and their resources. Volunteer management assistance is
1840encouraged, including, but not limited to, assistance by youths
1841participating in programs sponsored by state or local agencies,
1842by volunteers sponsored by environmental or civic organizations,
1843and by individuals participating in programs for committed
1844delinquents and adults.
1845     (d)1.  For each project for which lands are acquired after
1846July 1, 1995, an individual management plan shall be adopted and
1847in place no later than 1 year after the essential parcel or
1848parcels identified in the priority list developed pursuant to
1849ss. 259.101(4) and 259.105 have been acquired. The Department of
1850Environmental Protection shall distribute only 75 percent of the
1851acquisition funds to which a budget entity or water management
1852district would otherwise be entitled from the Preservation 2000
1853Trust Fund to any budget entity or any water management district
1854that has more than one-third of its management plans overdue.
1855     2.  The requirements of subparagraph 1. do not apply to the
1856individual management plan for the Babcock Crescent B Ranch
1857being acquired pursuant to s. 259.1052. The management plan for
1858the ranch shall be adopted and in place no later than 2 years
1859following the date of acquisition by the state.
1860     (e)  Individual land management plans shall conform to the
1861appropriate policies and guidelines of the state land management
1862plan and shall include, but not be limited to:
1863     1.  A statement of the purpose for which the lands were
1864acquired, the projected use or uses as defined in s. 253.034,
1865and the statutory authority for such use or uses.
1866     2.  Key Management activities necessary to achieve the
1867desired future conditions, including, but not limited to,
1868providing public access, preserving and protecting natural
1869resources, protecting cultural and historical resources,
1870restoring and repopulating habitat, protecting imperiled
1871species, controlling the spread of nonnative plants and animals,
1872and performing prescribed fire activities and other appropriate
1873resource management preserve and protect natural resources and
1874restore habitat, and for controlling the spread of nonnative
1875plants and animals, and for prescribed fire and other
1876appropriate resource management activities.
1877     3.  A specific description of how the managing agency plans
1878to identify, locate, protect, and preserve, or otherwise use
1879fragile, nonrenewable natural and cultural resources.
1880     4.  A priority schedule for conducting restoration and
1881management activities, based on the short-term, long-term, and
1882desired future condition provided in the land management plan
1883purposes for which the lands were acquired.
1884     5.  A cost estimate for conducting priority management
1885activities, including utilization of the private sector to
1886include recommendations for cost-effective methods of
1887accomplishing those activities.
1888     6.  A cost estimate for conducting other management
1889activities which would enhance the natural resource value or
1890public recreation value for which the lands were acquired. The
1891cost estimate shall include recommendations for cost-effective
1892methods of accomplishing those activities.
1893     7.  A determination of the public uses and public access
1894that are to be provided would be consistent with the purposes
1895for which the lands were acquired.
1896     (f)  The Division of State Lands shall submit a copy of
1897each individual management plan for parcels which exceed 160
1898acres in size to each member of the Acquisition and Restoration
1899Council Land Acquisition and Management Advisory Council or its
1900successor, which shall:
1901     1.  Within 60 days after receiving a plan from the
1902division, review each plan for compliance with the requirements
1903of chapter 253, this subsection and with the requirements of the
1904rules established by the board pursuant to this subsection.
1905     2.  Consider the propriety of the recommendations of the
1906managing agency with regard to the future use or protection of
1907the property.
1908     3.  After its review, submit the plan, along with its
1909recommendations and comments, to the board of trustees, with
1910recommendations as to whether to approve the plan as submitted,
1911approve the plan with modifications, or reject the plan.
1912     (g)  The board of trustees shall consider the individual
1913management plan submitted by each state agency and the
1914recommendations of the Acquisition and Restoration Council Land
1915Acquisition and Management Advisory Council, or its successor,
1916and the Division of State Lands and shall approve the plan with
1917or without modification or reject such plan. The use or
1918possession of any lands owned by the board of trustees which is
1919not in accordance with an approved individual management plan is
1920subject to termination by the board of trustees.
1921
1922By July 1 of each year, each governmental agency and each
1923private entity designated to manage lands shall report to the
1924Division of State Lands Secretary of Environmental Protection on
1925the progress of funding, staffing, and resource management of
1926every project for which the agency or entity is responsible.
1927     (11)(a)  The Legislature recognizes that acquiring lands
1928pursuant to this chapter serves the public interest by
1929protecting land, air, and water resources which contribute to
1930the public health and welfare, providing areas for natural
1931resource based recreation, and ensuring the survival of unique
1932and irreplaceable plant and animal species. The Legislature
1933intends for these lands to be managed and maintained for the
1934purposes for which they were acquired and for the public to have
1935access to and use of these lands if it will where it is
1936consistent with acquisition purposes and would not harm the
1937resources the state is seeking to protect, restore, and manage
1938on the public's behalf.
1939     (b)  An amount not less than up to 1.5 percent of the
1940cumulative total of funds ever deposited into the Florida
1941Preservation 2000 Trust Fund and the Florida Forever Trust Fund
1942shall be made available for the purposes of restoration,
1943management, maintenance, and capital improvements not eligible
1944for funding pursuant to s. 11(e), Art. VII of the State
1945Constitution, and for associated contractual services, for lands
1946managed acquired pursuant to this section, s. 259.101, s.
1947259.105, s. 259.1052, or previous programs for the acquisition
1948of lands for conservation and recreation, including state
1949forests, to which title is vested in the board of trustees and
1950other conservation and recreation lands managed by a state
1951agency. Of this amount, $250,000 shall be transferred annually
1952to the Plant Industry Trust Fund within the Department of
1953Agriculture and Consumer Services for the purpose of
1954implementing the Endangered or Threatened Native Flora
1955Conservation Grants Program pursuant to s. 581.185(11). Each
1956agency with management responsibilities shall annually request
1957from the Legislature funds sufficient to fulfill such
1958responsibilities to implement individual land management plans
1959developed under s. 253.034. For the purposes of this paragraph,
1960capital improvements shall include, but need not be limited to,
1961habitat restoration, perimeter fencing, signs, firelanes, access
1962roads and trails, and minimal public accommodations, such as
1963primitive campsites, garbage receptacles, and toilets. Any
1964equipment purchased with funds provided pursuant to this
1965paragraph may be used for appropriate land management activities
1966the purposes described in this paragraph on any conservation and
1967recreation lands managed by a state agency.
1968     (c)  The Secretary of the Department of Environmental
1969Protection, the Executive Director of the Fish and Wildlife
1970Conservation Commission, and the Commissioner of Agriculture
1971shall prepare and deliver a report to the Board of Trustees of
1972the Internal Improvement Trust Fund, the President of the
1973Senate, and the Speaker of the House of Representatives no later
1974than December 31, 2008, that provides an interim management
1975formula and a long-term management formula, and the
1976methodologies used to develop the formulas, which shall be used
1977to allocate land management In requesting funds provided for in
1978paragraph (b) for interim and long-term management of all
1979acquisitions pursuant to this chapter and for associated
1980contractual services. The methodology and formula for interim
1981management shall be based on the land acquisitions from the
1982prior year. The methodology and formula for long-term management
1983shall consider, but not be limited to, the following, the
1984managing agencies shall recognize the following categories of
1985land management needs:
1986     1.  The level and complexity of resource management
1987activities required for each of the natural community
1988categories, groups and types provided in s. 253.0325(2), and the
1989related management activities necessary to obtain the land
1990management goals provided in s. 253.034, including, but not
1991limited to, the acres of land that require:
1992     a.  Minimal effort for resource preservation or
1993restoration.
1994     b.  Moderate effort for resource preservation or
1995restoration.
1996     c.  Significant effort for resource preservation or
1997restoration.
1998     2.  The level and complexity of management intensity
1999required to provide public access, including, but not limited to
2000the acres of land that require:
2001     a.  Minimal effort. Such lands generally are open to the
2002public but offer no more than minimally developed facilities.
2003     b.  Moderate effort. Such lands typically have a high
2004degree of public use and offer highly developed facilities.
2005     c.  Significant effort. Such lands generally are sites with
2006historic significance or unique natural features and a very high
2007degree of public use.
2008     3.  The location, size, and nature of the tract.
2009     4.  The monitoring activities required pursuant s. 253.034.
2010     5.  The acres of land with a secondary manager contributing
2011to the overall management effort.
2012     6.  The anticipated revenues generated from management,
2013restoration, and repopulation of the lands.
2014     7.  The acres of land with infestations of nonnative or
2015invasive plants, animals, or fish.
2016     1.  Lands which are low-need tracts, requiring basic
2017resource management and protection, such as state reserves,
2018state preserves, state forests, and wildlife management areas.
2019These lands generally are open to the public but have no more
2020than minimum facilities development.
2021     2.  Lands which are moderate-need tracts, requiring more
2022than basic resource management and protection, such as state
2023parks and state recreation areas. These lands generally have
2024extra restoration or protection needs, higher concentrations of
2025public use, or more highly developed facilities.
2026     3.  Lands which are high-need tracts, with identified needs
2027requiring unique site-specific resource management and
2028protection. These lands generally are sites with historic
2029significance, unique natural features, or very high intensity
2030public use, or sites that require extra funds to stabilize or
2031protect resources, such as lands with heavy infestations of
2032nonnative, invasive plants.
2033
2034Any formula devised hereunder shall describe both the factors
2035used and the factors not used in the formula. Beginning July 1,
20362010, no funds provided under paragraph (b) shall be allocated,
2037distributed, or expended until the allocation formula for
2038funding land management activities has been adopted by the
2039Legislature. Until the adoption of the formula described in this
2040paragraph, interim and long-term management dollars shall
2041continue to be allocated and disbursed under existing methods.
2042Upon adoption, the allocation formula shall be used in the
2043allocation and distribution of funds provided in paragraph (b).
2044In evaluating the management funding needs of lands based on the
2045above categories, the lead land managing agencies shall include
2046in their considerations the impacts of, and needs created or
2047addressed by, multiple-use management strategies.
2048     (d)  All revenues generated through multiple-use management
2049or compatible secondary-use management shall be returned to the
2050lead agency responsible for such management and shall be used to
2051pay for management activities on all conservation, preservation,
2052and recreation lands under the agency's jurisdiction. In
2053addition, such revenues shall be segregated in an agency trust
2054fund and shall remain available to the agency in subsequent
2055fiscal years to support land management appropriations. For the
2056purposes of this paragraph, compatible secondary-use management
2057shall be those activities described in subsection (9) undertaken
2058on parcels designated as single use pursuant to s.
2059253.034(2)(b).
2060     (e)  Up to one-fifth of the funds provided for in paragraph
2061(b) shall be reserved by the board of trustees for initial
2062restoration activities and interim management of acquisitions
2063and for associated contractual services, to ensure the
2064conservation and protection of natural resources on project
2065sites and to allow limited public recreational use of lands.
2066Interim management activities may include, but not be limited
2067to, resource assessments, control of invasive, nonnative
2068species, habitat restoration, fencing, law enforcement,
2069controlled burning, and public access consistent with
2070preliminary determinations made pursuant to paragraph (9)(g).
2071The board of trustees shall make these interim funds available
2072immediately upon purchase.
2073     (f)  The Land Management Uniform Accounting Council
2074department shall set long-range and annual goals for the control
2075and removal of nonnative, invasive plant species on public
2076lands. Such goals shall differentiate between aquatic plant
2077species and upland plant species. In setting such goals, the
2078department may rank, in order of adverse impact, species that
2079impede or destroy the functioning of natural systems.
2080Notwithstanding paragraph (a), up to one-fourth of the funds
2081provided for in paragraph (b) may be used by the agencies
2082receiving those funds for control and removal of nonnative,
2083invasive species on public lands.
2084     (g)  In addition to the purposes specified in paragraph
2085(b), funds from the 1.5 percent of the cumulative total of funds
2086ever deposited into the Florida Preservation 2000 Trust Fund and
2087the Florida Forever Trust Fund may be appropriated for the 2006-
20882007 fiscal year for the construction of replacement museum
2089facilities. This paragraph expires July 1, 2007.
2090     (12)(a)  Beginning July 1, 1999, the Legislature shall make
2091available sufficient funds annually from the Conservation and
2092Recreation Lands Trust Fund to the department for payment in
2093lieu of taxes to qualifying counties and local governments as
2094defined in paragraph (b) for all actual tax losses incurred as a
2095result of board of trustees acquisitions for state agencies
2096under the Florida Forever program or the Florida Preservation
20972000 program during any year. Reserved funds not used for
2098payments in lieu of taxes in any year shall revert to the fund
2099to be used for land management in accordance with the provisions
2100of this section.
2101     (b)  Payment in lieu of taxes shall be available:
2102     1.  To all counties that have a population of 150,000 or
2103fewer. Population levels shall be determined pursuant to s.
210411.031.
2105     2.  To all local governments located in eligible counties.
2106     3.  To Glades County, where a privately owned and operated
2107prison leased to the state has recently been opened and where
2108privately owned and operated juvenile justice facilities leased
2109to the state have recently been constructed and opened, a
2110payment in lieu of taxes, in an amount that offsets the loss of
2111property tax revenue, which funds have already been appropriated
2112and allocated from the Department of Correction's budget for the
2113purpose of reimbursing amounts equal to lost ad valorem taxes.
2114     (c)  If insufficient funds are available in any year to
2115make full payments to all qualifying counties and local
2116governments, such counties and local governments shall receive a
2117pro rata share of the moneys available.
2118     (d)  The payment amount shall be based on the average
2119amount of actual taxes paid on the property for the 3 years
2120preceding acquisition. Applications for payment in lieu of taxes
2121shall be made no later than January 31 of the year following
2122acquisition. No payment in lieu of taxes shall be made for
2123properties which were exempt from ad valorem taxation for the
2124year immediately preceding acquisition.
2125     (e)  If property which was subject to ad valorem taxation
2126was acquired by a tax-exempt entity for ultimate conveyance to
2127the state under this chapter, payment in lieu of taxes shall be
2128made for such property based upon the average amount of taxes
2129paid on the property for the 3 years prior to its being removed
2130from the tax rolls. The department shall certify to the
2131Department of Revenue those properties that may be eligible
2132under this provision. Once eligibility has been established, for
2133a county, and local governments within that county, whose
2134population is less than 150,000 residents, shall continue to
2135receive annual payments for each tax loss. Once a county has a
2136population of 150,000 or more, payments shall end. However, no
2137eligible that county or local government shall receive less than
213810 consecutive annual payments for each tax loss, and no further
2139eligibility determination shall be made during that period.
2140     (f)  Payment in lieu of taxes pursuant to this subsection
2141shall be made annually to qualifying counties and local
2142governments after certification by the Department of Revenue
2143that the amounts applied for are reasonably appropriate, based
2144on the amount of actual taxes paid on the eligible property.
2145With the assistance of the local government requesting payment
2146in lieu of taxes, the state agency that acquired the land is
2147responsible for preparing and submitting application requests
2148for payment to the Department of Revenue for certification.
2149     (g)  If the board of trustees conveys to a local government
2150title to any land owned by the board, any payments in lieu of
2151taxes on the land made to the local government shall be
2152discontinued as of the date of the conveyance.
2153
2154For the purposes of this subsection, "local government" includes
2155municipalities, the county school board, mosquito control
2156districts, and any other local government entity which levies ad
2157valorem taxes, with the exception of a water management
2158district.
2159     (13)  Moneys credited to the fund each year which are not
2160used for restoration, management, maintenance, or capital
2161improvements pursuant to subsection (11); for payment in lieu of
2162taxes pursuant to subsection (12); or for the purposes of
2163subsection (5), shall be available for the acquisition of land
2164pursuant to this section.
2165     (14)  The board of trustees may adopt rules to further
2166define the categories of land for acquisition under this
2167chapter.
2168     (15)  Within 90 days after receiving a certified letter
2169from the owner of a property on the Conservation and Recreation
2170Lands list or the priority list established pursuant to s.
2171259.105 objecting to the property being included in an
2172acquisition project, where such property is a project or part of
2173a project which has not been listed for purchase in the current
2174year's land acquisition work plan, the board of trustees shall
2175delete the property from the list or from the boundary of an
2176acquisition project on the list.
2177     Section 14.  Section 259.0322, Florida Statutes, is amended
2178to read:
2179     259.0322  Reinstitution of payments in lieu of taxes;
2180duration.--If the Department of Environmental Protection has
2181made a payment in lieu of taxes to a governmental entity and
2182subsequently suspended such payment, the department shall
2183reinstitute appropriate payments and continue the payments for
2184each tax loss as long as the eligible county's population stays
2185below 150,000 residents. Once an eligible county has a
2186population that reaches or exceeds 150,000 residents, payments
2187to the county or local government for each tax loss shall cease.
2188However, no eligible county or local government shall receive
2189less than 10 consecutive annual payments for each tax loss in
2190consecutive years until the governmental entity has received a
2191total of 10 payments for each tax loss.
2192     Section 15.  Section 259.035, Florida Statutes, is amended
2193to read:
2194     259.035  Acquisition and Restoration Council.--
2195     (1)  There is created the Acquisition and Restoration
2196Council.
2197     (a)  The council shall be composed of nine voting members,
2198two four of whom shall be appointed by the Governor. These two
2199four appointees shall be from scientific disciplines related to
2200public recreation, public land use administration land, water,
2201or environmental sciences. One member shall be appointed by the
2202Commissioner of Agriculture and shall be from a discipline
2203related to agriculture, which may include silviculture. One
2204member shall be appointed by the Fish and Wildlife Conservation
2205Commission and shall be from a discipline related to wildlife
2206management or wildlife ecology. The appointed members They shall
2207serve 4-year terms, except that, initially, to provide for
2208staggered terms, two of the appointees shall serve 2-year terms.
2209All subsequent appointments shall be for 4-year terms. No
2210appointee shall serve more than 6 years. The Governor and the
2211Commissioner of Agriculture shall fill the first two vacancies
2212with one appointment each. The subsequent two vacancies shall be
2213filled by the Governor and the Fish and Wildlife Conservation
2214Commission. The Governor, the Commissioner of Agriculture, or
2215the Fish and Wildlife Conservation Commission may at any time
2216fill a vacancy for their respective appointment for the
2217unexpired term of a member appointed under this paragraph.
2218     (b)  The five remaining appointees shall be composed of the
2219Secretary of Environmental Protection, the director of the
2220Division of Forestry of the Department of Agriculture and
2221Consumer Services, the executive director of the Fish and
2222Wildlife Conservation Commission, the director of the Division
2223of Historical Resources of the Department of State, and the
2224Director of Community Planning secretary of the Department of
2225Community Affairs, or their respective designees.
2226     (c)  The Governor shall appoint the chair of the council,
2227and a vice chair shall be elected from among the members.
2228     (d)  The council shall hold periodic meetings at the
2229request of the chair.
2230     (e)  The Department of Environmental Protection shall
2231provide primary staff support to the council and shall ensure
2232that council meetings are electronically recorded. Such
2233recording shall be preserved pursuant to chapters 119 and 257.
2234     (f)  The board of trustees has authority to adopt rules
2235pursuant to ss. 120.536(1) and 120.54 to implement the
2236provisions of this section.
2237     (2)  The four appointed members of the council shall
2238receive reimbursement for appointed by the Governor shall
2239receive $75 per day while engaged in the business of the
2240council, as well as expenses and per diem for travel to attend
2241council, including attendance at meetings, as allowed state
2242officers and employees while in the performance of their duties,
2243pursuant to s. 112.061.
2244     (3)  The council shall provide assistance to the board of
2245trustees in reviewing the recommendations and plans for state-
2246owned lands required under ss. 253.034 and 259.032. The council
2247shall, in reviewing such recommendations and plans, consider the
2248optimization of multiple-use and conservation strategies to
2249accomplish the provisions funded pursuant to ss. 259.101(3)(a)
2250and 259.105(3)(b).
2251     (4)(a)  The council may use existing rules adopted by the
2252board of trustees, until it develops and recommends amendments
2253to those rules, to competitively evaluate, select, and rank
2254projects eligible for the Conservation and Recreation Lands list
2255pursuant to ss. 259.032(3) and 259.101(4) and, beginning no
2256later than May 1, 2001, for Florida Forever funds pursuant to s.
2257259.105(3)(b).
2258     (b)  By December 1, 2009, the Acquisition and Restoration
2259Council shall develop rules defining specific criteria and
2260numeric performance measures needed for lands that are to be
2261acquired for public purpose under the Florida Forever program
2262pursuant to s. 259.105. Each recipient of Florida Forever funds
2263shall assist the council in the development of such rules. These
2264rules shall be reviewed and adopted by the Board of Trustees
2265then submitted to the Legislature for consideration by February
22661, 2010. The Legislature may reject, modify, or approve the
2267proposed rules. Each recipient of Florida Forever funds shall
2268annually report to the Division of State Lands on each of the
2269numeric performance measures accomplished during the previous
2270fiscal year.
2271     (c)  In developing or amending the rules, the council shall
2272give weight to the criteria included in s. 259.105(10). The
2273board of trustees shall review the recommendations and shall
2274adopt rules necessary to administer this section.
2275     (5)  An affirmative vote of five members of the council is
2276required in order to change a project boundary or to place a
2277proposed project on a list developed pursuant to subsection (4).
2278Any member of the council who by family or a business
2279relationship has a connection with all or a portion of any
2280proposed project shall declare the interest before voting on its
2281inclusion on a list.
2282     (6)  The proposal for a project pursuant to this section or
2283s. 259.105(3)(b) may be implemented only if adopted by the
2284council and approved by the board of trustees. The council shall
2285consider and evaluate in writing the merits and demerits of each
2286project that is proposed for Conservation and Recreation Lands,
2287Florida Preservation 2000, or Florida Forever funding and shall
2288ensure that each proposed project will meet a stated public
2289purpose for the restoration, conservation, or preservation of
2290environmentally sensitive lands and water areas or for providing
2291outdoor recreational opportunities. The council also shall
2292determine whether the project conforms, where applicable, with
2293the comprehensive plan developed pursuant to s. 259.04(1)(a),
2294the comprehensive multipurpose outdoor recreation plan developed
2295pursuant to s. 375.021, the state lands management plan adopted
2296pursuant to s. 253.03(7), the water resources work plans
2297developed pursuant to s. 373.199, and the provisions of s.
2298259.032, s. 259.101, or s. 259.105, whichever is applicable.
2299     Section 16.  Section 259.036, Florida Statutes, is amended
2300to read:
2301     259.036  Management review teams.--
2302     (1)  To determine whether conservation, preservation, and
2303recreation lands titled in the name of the Board of Trustees of
2304the Internal Improvement Trust Fund are being managed to achieve
2305the long-term management goals of the land management plans
2306provided in s. 253.034, for the purposes for which they were
2307acquired and in accordance with a land management plan adopted
2308pursuant to s. 259.032, the board of trustees, acting through
2309the Division of State Lands Department of Environmental
2310Protection, shall cause periodic management reviews to be
2311conducted as follows:
2312     (a)  The Division of State Lands department shall establish
2313a regional land management review team composed of the following
2314members:
2315     1.  One individual who is from the county or local
2316community in which the parcel or project is located and who is
2317selected by the county commission in the county which is most
2318impacted by the acquisition.
2319     2.  One individual from the Division of Recreation and
2320Parks of the department or one individual from the department's
2321district office in which the parcel is located.
2322     3.  One individual from the Division of Forestry of the
2323Department of Agriculture and Consumer Services with applied
2324land management experience.
2325     4.  One individual from the Fish and Wildlife Conservation
2326Commission with applied wildlife habitat experience.
2327     5.  A private land manager selected by the Commissioner of
2328Agriculture One individual from the department's district office
2329in which the parcel is located.
2330     6.  A private land manager selected by the executive
2331director of the Fish and Wildlife Conservation Commission
2332mutually agreeable to the state agency representatives.
2333     7.  A member selected by of the local soil and water
2334conservation district board of supervisors.
2335     8.  A member of a conservation organization selected by the
2336Division of State Lands.
2337     (b)  The staff of the Division of State Lands shall act as
2338the review team coordinator for the purposes of establishing
2339schedules for the reviews and other staff functions. The
2340Legislature shall appropriate funds necessary to implement land
2341management review team functions.
2342     (2)  The land management review team shall review select
2343management areas prior to the date the manager is required to
2344submit a 10-year land management plan update. For management
2345areas that exceed 1,000 acres in size, the Division of State
2346Lands shall schedule a land management review at least every 5
2347years. A copy of the review shall be provided to the land
2348manager, the Acquisition and Restoration Council, and the
2349Division of State Lands for incorporation into the land
2350management plan, and the Acquisition and Restoration Council.
2351The land manager and the Acquisition and Restoration Council
2352shall consider the findings and recommendations of the land
2353management review team in finalizing the required 10-year update
2354of the land its management plan.
2355     (3)  In conducting a review, the land management review
2356team shall evaluate the extent to which the existing management
2357plan provides sufficient protection to threatened or endangered
2358species, unique or important natural or physical features,
2359geological or hydrological functions, or archaeological
2360features. The review shall also evaluate the extent to which the
2361land is being managed to achieve the goals of the land
2362management plans provided in s. 253.034 for the purposes for
2363which it was acquired and the degree to which actual management
2364practices, including public access, are in compliance with the
2365adopted management plan. As part of the review, the land
2366management review teams shall consider and review the biennial
2367reports and audits provided under s. 253.034.
2368     (4)  In the event a land management plan has not been
2369adopted within the timeframes specified in s. 259.032(10), the
2370Division of State Lands shall department may direct a management
2371review of the property, to be conducted by the land management
2372review team. The review shall consider the extent to which the
2373land is being managed for the purposes for which it was acquired
2374and the degree to which actual management practices are in
2375compliance with the management policy statement and management
2376prospectus for that property.
2377     (5)  If the land management review team determines that
2378reviewed lands are not being managed to achieve the goals of the
2379land management plans provided in s. 253.034 for the purposes
2380for which they were acquired or in compliance with the adopted
2381land management plan, management policy statement, or management
2382prospectus, or if the managing agency fails to address the
2383review findings in the updated management plan, the Division of
2384State Lands department shall provide the review findings to the
2385board, and the managing agency must report to the board its
2386reasons for managing the lands as it has.
2387     (6)  No later than the second board meeting following the
2388submittal of the review in October of each year, the Division of
2389State Lands and the land manager shall department shall report
2390the annual review findings of the its land management review
2391team to the board of trustees.
2392     Section 17.  Section 259.037, Florida Statutes, is amended
2393to read:
2394     259.037  Land Management Uniform Accounting Council.--
2395     (1)  The Land Management Uniform Accounting Council is
2396created within the Department of Environmental Protection and
2397shall consist of the director of the Division of State Lands,
2398the director of the Division of Recreation and Parks, the
2399director of the Office of Coastal and Aquatic Managed Areas, and
2400the director of the Office of Greenways and Trails of the
2401Department of Environmental Protection; the director of the
2402Division of Forestry of the Department of Agriculture and
2403Consumer Services; the executive director of the Fish and
2404Wildlife Conservation Commission; and the director of the
2405Division of Historical Resources of the Department of State, or
2406their respective designees. Each state agency represented on the
2407council shall have one vote. The chair of the council shall
2408rotate annually in the foregoing order of state agencies. The
2409agency of the representative serving as chair of the council
2410shall provide staff support for the council. The Division of
2411State Lands shall serve as the recipient of and repository for
2412the council's documents. The council shall meet at the request
2413of the chair.
2414     (2)  The Auditor General and the director of the Office of
2415Program Policy Analysis and Government Accountability, or their
2416designees, shall advise the council to ensure that appropriate
2417accounting procedures are utilized and that a uniform method of
2418collecting and reporting accurate costs of land management
2419activities are created and can be used by all agencies.
2420     (3)(a)  All land management activities and costs must be
2421assigned to a specific category, and any single activity or cost
2422may not be assigned to more than one category. Administrative
2423costs, such as planning or training, shall be segregated from
2424other management activities. Specific management activities and
2425costs must initially be grouped, at a minimum, within the
2426following categories:
2427     1.(a)  Resource management.
2428     2.  Restoration.
2429     3.  Visitor Services.
2430     4.(b)  Administration.
2431     5.  Support.
2432     6.  Law Enforcement.
2433     7.(c)  New capital improvement and infrastructure facility
2434construction.
2435     8.(d)  Capital improvement and infrastructure Facility
2436maintenance.
2437     (b)  Each reporting agency shall also:
2438     1.  List the acres of land requiring minimal management
2439effort, moderate management effort, and significant management
2440effort pursuant to s. 259.032(11)(c). For each category the
2441reporting agency shall include the amount of funds requested,
2442the amount of funds received, and the amount of funds expended
2443for land management.
2444     2.  Include a report of the available public use
2445opportunities for each tract of state land, the total management
2446cost for public access and public use, and the cost associated
2447with each use option.
2448     3.  List the acres managed and the cost of management for
2449each park, preserve, forest, reserve, or management area.
2450     4.  List the acres managed, the cost of management, and the
2451lead manager for state lands tracts for which secondary
2452management activities were provided.
2453
2454Upon adoption of the initial list of land management categories
2455by the council, agencies assigned to manage conservation or
2456recreation lands shall, on July 1, 2000, begin to account for
2457land management costs in accordance with the category to which
2458an expenditure is assigned. Beginning July 1, 2010, all such
2459costs shall be tied to the land management plan.
2460     (4)  The council shall report agencies' expenditures
2461pursuant to the adopted categories to the President of the
2462Senate and the Speaker of the House of Representatives annually,
2463beginning July 1, 2001. The council shall also provide this
2464report to the Acquisition and Restoration Council and the
2465Division of State Lands for inclusion in its annual report
2466required pursuant to s. 259.036 259.105. Beginning July 1, 2010,
2467the council shall conduct a review every 5 years and report to
2468the Legislature the value added by the report and provide a
2469recommendation with respect to revising the reporting
2470requirements.
2471     (5)  Should the council determine that the list of land
2472management categories needs to be revised, it shall meet upon
2473the call of the chair.
2474     Section 18.  Paragraph (a) of subsection (1) of section
2475259.04, Florida Statutes, is amended to read:
2476     259.04  Board; powers and duties.--
2477     (1)  For projects and acquisitions selected for purchase
2478pursuant to ss. 259.035, 259.101, and 259.105:
2479     (a)  The board is given the responsibility, authority, and
2480power to develop and execute a comprehensive, statewide 5-year
2481plan to conserve, restore, and protect environmentally
2482endangered lands, ecosystems, lands necessary for outdoor
2483recreational needs, and other lands as identified in ss.
2484259.032, 259.101, and 259.105. This plan shall be consistent
2485with the rules adopted pursuant to s. 259.035(4)(b) and kept
2486current through continual reevaluation and revision. The
2487advisory council or its successor shall assist the board in the
2488development, reevaluation, and revision of the plan.
2489     Section 19.  Subsections (1), (2), (3), and (7) of section
2490259.041, Florida Statutes, are amended to read:
2491     259.041  Acquisition of state-owned lands for preservation,
2492conservation, and recreation purposes.--
2493     (1)  Neither the Board of Trustees of the Internal
2494Improvement Trust Fund nor its duly authorized agent shall
2495commit the state, through any instrument of negotiated contract
2496or agreement for purchase, to the purchase of lands with or
2497without appurtenances unless the provisions of this section have
2498been fully complied with. Except for the requirements of
2499subsections (3), (7), (14), and (15), the board of trustees may
2500waive any requirements of this section, may waive any rules
2501adopted pursuant to this section, notwithstanding chapter 120,
2502or may substitute other reasonably prudent procedures, provided
2503the public's interest is reasonably protected. The title to
2504lands acquired pursuant to this section shall vest in the board
2505of trustees as provided in s. 253.03(1), unless otherwise
2506provided by law, and all such titled lands shall be administered
2507pursuant to the provisions of s. 253.03.
2508     (2)  The board of trustees has authority to adopt rules
2509pursuant to ss. 120.536(1) and 120.54 to implement the
2510provisions of this section, including rules governing the terms
2511and conditions of land purchases. Such rules shall address with
2512specificity, but not be limited to:
2513     (a)  The procedures to be followed in the acquisition
2514process, including selection of appraisers, surveyors, title
2515agents and closing agents, and the content of appraisal reports.
2516     (b)  The determination of the value of parcels which the
2517state has an interest to acquire.
2518     (c)  Special requirements when multiple landowners are
2519involved in an acquisition.
2520     (d)  Requirements for obtaining written option agreements
2521so that the interests of the state are fully protected.
2522     (e)  Special requirements when multiple purchasers are
2523involved in an acquisition.
2524     (3)  No agreement to acquire real property for the purposes
2525described in this chapter, chapter 260, or chapter 375, title to
2526which will vest in the board of trustees, may bind the state
2527unless and until the agreement has been reviewed and approved by
2528the Division of State Lands Department of Environmental
2529Protection as complying with the requirements of this section
2530and any rules adopted pursuant to this section. When the state
2531is a party to a joint acquisition in which another entity is
2532contributing to the agreed contract price, the state
2533contribution shall not exceed the difference between the
2534appraised value, as determined by the state, and the sum of the
2535contributions of the other parties. Where any of the following
2536conditions exist, the agreement shall be submitted to and
2537approved by the board of trustees:
2538     (a)  The purchase price agreed to by the seller exceeds the
2539value as established pursuant to the rules of the board of
2540trustees;
2541     (b)  The contract price agreed to by the seller and
2542acquiring agency exceeds $1 million;
2543     (c)  The acquisition is the initial purchase in a project;
2544or
2545     (d)  Other conditions that the board of trustees may adopt
2546by rule. Such conditions may include, but not be limited to,
2547projects where title to the property being acquired is
2548considered nonmarketable or is encumbered in such a way as to
2549significantly affect its management.
2550
2551Where approval of the board of trustees is required pursuant to
2552this subsection, the acquiring agency must provide a
2553justification as to why it is in the public's interest to
2554acquire the parcel or project. Approval of the board of trustees
2555also is required for projects the department recommends
2556acquiring pursuant to subsections (14) and (15). Review and
2557approval of agreements for acquisitions for Florida Greenways
2558and Trails Program properties pursuant to chapter 260 may be
2559waived by the department in any contract with nonprofit
2560corporations that have agreed to assist the department with this
2561program. Where the contribution of the acquiring agency exceeds
2562$100 million in any one fiscal year, the agreement shall be
2563submitted to and approved by the Legislative Budget Commission.
2564     (7)  Prior to approval by the board of trustees or, when
2565applicable, the Department of Environmental Protection, of any
2566agreement to purchase land pursuant to this chapter, chapter
2567260, or chapter 375, and prior to negotiations with the parcel
2568owner to purchase any other land, title to which will vest in
2569the board of trustees, an appraisal of the parcel shall be
2570required as follows:
2571     (a)  The board of trustees shall adopt by rule the method
2572for determining the value of parcels sought to be acquired by
2573state agencies pursuant to this section.
2574     (b)  Each parcel to be acquired shall have at least one
2575appraisal. Two appraisals are required when the estimated value
2576of the parcel exceeds $500,000. When two appraisals are
2577required, one appraiser shall be selected by the Department of
2578Agriculture and Consumer Services. However, When both appraisals
2579exceed $500,000 and differ significantly, a third appraisal
2580shall may be obtained, with the Department of Financial Services
2581selecting the third appraiser. Two appraisals shall be
2582considered to differ significantly if the higher of the two
2583values exceeds 120 percent of the lower value. When the
2584estimated value of the parcel exceeds $500,000, the review
2585appraiser shall be selected by the Department of Financial
2586Services. To provide for payment by the agency selecting the
2587second and third appraiser and review appraiser, as required by
2588this section, the Department of Environmental Protection shall
2589enter into interagency agreements with the Department of
2590Agriculture and Consumer Services and Department of the
2591Financial Services, whereby funds will be transferred to those
2592agencies for that purpose upon direction of the selecting
2593agency. All appraisers shall be selected from among the list of
2594approved appraisers maintained by the Division of State Lands in
2595accordance with s. 253.025(6)(b). When a parcel is estimated to
2596be worth $100,000 or less and the director of the Division of
2597State Lands finds that the cost of obtaining an outside
2598appraisal is not justified, an appraisal prepared by the
2599division may be used. The state is not required to appraise the
2600value of lands and appurtenances that are being donated to the
2601state.
2602     (c)  Appraisal fees and associated costs shall be paid by
2603the agency proposing the acquisition. The board of trustees
2604shall approve qualified fee appraisal organizations. All
2605appraisals used for the acquisition of lands pursuant to this
2606section shall be prepared by a member of an approved appraisal
2607organization or by a state-certified appraiser who meets the
2608standards and criteria established in rule by the board of
2609trustees. Each fee appraiser selected to appraise a particular
2610parcel shall, prior to contracting with the agency or a
2611participant in a multiparty agreement, submit to that agency or
2612participant an affidavit substantiating that he or she has no
2613vested or fiduciary interest in such parcel.
2614     (d)  The fee appraiser and the review appraiser for the
2615agency shall not act in any way that may be construed as
2616negotiating with the property owner.
2617     (e)  Generally, appraisal reports are confidential and
2618exempt from the provisions of s. 119.07(1), for use by the
2619agency and the board of trustees, until an option contract is
2620executed or, if no option contract is executed, until 2 weeks
2621before a contract or agreement for purchase is considered for
2622approval by the board of trustees. However, the department has
2623the authority, at its discretion, to disclose appraisal reports
2624to private landowners during negotiations for acquisitions using
2625alternatives to fee simple techniques, if the department
2626determines that disclosure of such reports will bring the
2627proposed acquisition to closure. The Division of State Lands may
2628also disclose appraisal information to public agencies or
2629nonprofit organizations that agree to maintain the
2630confidentiality of the reports or information when joint
2631acquisition of property is contemplated, or when a public agency
2632or nonprofit organization enters into a written multiparty
2633agreement with the division to purchase and hold property for
2634subsequent resale to the division. In addition, the division may
2635use, as its own, appraisals obtained by a public agency or
2636nonprofit organization, provided the appraiser is selected from
2637the division's list of appraisers and the appraisal is reviewed
2638and approved by the division. For the purposes of this chapter,
2639"nonprofit organization" means an organization whose purposes
2640include the preservation of natural resources, and which is
2641exempt from federal income tax under s. 501(c)(3) of the
2642Internal Revenue Code. The agency may release an appraisal
2643report when the passage of time has rendered the conclusions of
2644value in the report invalid or when the acquiring agency has
2645terminated negotiations.
2646     (f)  The Division of State Lands may use, as its own,
2647appraisals obtained by a public agency or nonprofit
2648organization, provided that the appraiser is selected from the
2649division's list of appraisers and the appraisal is reviewed and
2650approved by the division. For the purposes of this chapter, the
2651term "nonprofit organization" means an organization whose
2652purposes include the preservation of natural resources and which
2653is exempt from federal income tax under s. 501(c)(3) of the
2654Internal Revenue Code.
2655
2656Notwithstanding the provisions of this subsection, on behalf of
2657the board and before the appraisal of parcels approved for
2658purchase under this chapter, the Secretary of Environmental
2659Protection or the director of the Division of State Lands may
2660enter into option contracts to buy such parcels. Any such option
2661contract shall state that the final purchase price is subject to
2662approval by the board or, when applicable, the secretary and
2663that the final purchase price may not exceed the maximum offer
2664allowed by law. Any such option contract presented to the board
2665for final purchase price approval shall explicitly state that
2666payment of the final purchase price is subject to an
2667appropriation from the Legislature. The consideration for such
2668an option may not exceed $1,000 or 0.01 percent of the estimate
2669by the department of the value of the parcel, whichever amount
2670is greater.
2671     Section 20.  Section 259.07, Florida Statutes, is amended
2672to read:
2673     259.07  Public meetings.--The council, before making
2674recommendations to the board for the purchase of any land
2675pursuant to s. 259.035, shall hold at least two one or more
2676public meetings on the proposed purchase of such land in areas
2677of the state where major portions of such land are situated. At
2678least 30 days in advance of such public meeting, notice shall be
2679published in newspapers of general circulation in the areas
2680where such lands are located, indicating the date, time, and
2681place of such public meeting. A report of the public meeting
2682shall be submitted to the board along with the recommendation
2683for purchase of such land.
2684     Section 21.  Section 259.105, Florida Statutes, is amended
2685to read:
2686     259.105  The Florida Forever Act.--
2687     (1)  This section may be cited as the "Florida Forever
2688Act."
2689     (2)(a)  The Legislature finds and declares that:
2690     1.  Land acquisition programs have The Preservation 2000
2691program provided tremendous financial resources for purchasing
2692environmentally significant lands to protect those lands from
2693imminent development or further alteration, and have the
2694potential to thwart the conversion of agricultural lands to
2695nonagricultural uses, thereby assuring present and future
2696generations access to important waterways, open spaces, and
2697recreation and conservation lands.
2698     2.  The continued alteration and development of Florida's
2699natural and rural areas to accommodate the state's rapidly
2700growing population have contributed to the degradation of water
2701resources, the fragmentation and destruction of wildlife
2702habitats, including imperiled species, the loss of outdoor
2703recreation space, and the diminishment of wetlands, forests,
2704agriculture, working water fronts, coastal open space, and
2705public beaches.
2706     3.  The potential development of Florida's remaining
2707natural areas, agricultural lands, and escalation of land values
2708require a continuation of government efforts to restore, bring
2709under public protection, or acquire lands and water areas to
2710preserve the state's invaluable quality of life.
2711     4.  It is essential to protect the state's ecosystems by
2712promoting a more efficient use of land, ensuring opportunities
2713for viable agricultural activities on working lands, and
2714promoting vital rural communities which support and produce
2715development patterns consistent with natural resource protection
2716and provide surrogate habitat for wildlife.
2717     5.4.  Florida's groundwater, surface waters, and springs
2718are under tremendous pressure due to population growth and
2719economic expansion and require special protection and
2720restoration efforts, including the protection of uplands and
2721springsheds that provide vital recharge to aquifer systems and
2722are critical to the protection of water quality and water
2723quantity of the aquifers and springs. To ensure that sufficient
2724quantities of water are available to meet the current and future
2725needs of the natural systems, including springs and springsheds
2726that provide vital recharge to aquifer systems, and citizens of
2727the state, and assist in achieving the planning goals of the
2728department and the water management districts, water resource
2729development projects and alternative water supplies as defined
2730in s. 373.019 on public lands, where compatible with the
2731resource values of and management objectives for the lands, are
2732appropriate.
2733     6.5.  The needs of urban suburban and small communities in
2734Florida for high-quality outdoor recreational opportunities,
2735greenways, trails, and open space have not been fully met by
2736previous acquisition programs. Through such programs as the
2737Florida Communities Trust and the Florida Recreation Development
2738Assistance Program, the state shall place additional emphasis on
2739acquiring, protecting, preserving, and restoring open space,
2740greenways, and recreation properties within urban, suburban, and
2741rural areas where pristine natural communities or water bodies
2742no longer exist because of the proximity of developed property.
2743     7.6.  Many of Florida's unique ecosystems, such as the
2744Florida Everglades, are facing ecological collapse due to
2745Florida's burgeoning population growth and other economic
2746activities. To preserve these valuable ecosystems for future
2747generations, essential parcels of land must be acquired to
2748facilitate ecosystem restoration.
2749     8.7.  Access to public lands to support a broad range of
2750outdoor recreational opportunities and the development of
2751necessary infrastructure, where compatible with the resource
2752values of and management objectives for such lands, promotes an
2753appreciation for Florida's natural assets and improves the
2754quality of life.
2755     9.8.  Acquisition of lands, in fee simple or less-than-fee
2756simple interest, or through other techniques, or in any lesser
2757interest, should be based on a comprehensive science-based
2758assessment of Florida's natural resources that targets essential
2759conservation lands by prioritizing all current and future
2760acquisitions based on a uniform set of data and planned so as to
2761protect the integrity and function of ecological systems and
2762working landscapes, and provide multiple benefits, including
2763preservation of fish and wildlife habitat, recreation space for
2764urban and as well as rural areas, and the restoration of water
2765storage, flow, and recharge. Such acquisition shall be based on
2766the rules adopted pursuant s. 259.035.
2767     10.9.  The state has embraced performance-based program
2768budgeting as a tool to evaluate the achievements of publicly
2769funded agencies, build in accountability, and reward those
2770agencies which are able to consistently achieve quantifiable
2771goals. While previous and existing state environmental programs
2772have achieved varying degrees of success, few of these programs
2773can be evaluated as to the extent of their achievements,
2774primarily because performance measures, standards, outcomes, and
2775goals were not established at the outset. Therefore, the Florida
2776Forever program shall be developed and implemented in the
2777context of measurable state goals and objectives.
2778     11.  The Legislature recognizes that the state must play a
2779major role in the recovery and management of its imperiled
2780species through the acquisition, restoration, enhancement, and
2781management of ecosystems which can or could support the major
2782life functions of imperiled species. It is the intent of the
2783Legislature to support local, state, and federal programs that
2784provide public and private land owners meaningful incentives to
2785restore, manage, and repopulate such imperiled species habitat
2786on private lands. It is further the intent of the Legislature
2787that public lands, both existing lands and those to be acquired
2788in any fashion, be restored, managed, and repopulated as habitat
2789for imperiled species to advance the goals and objectives of
2790imperiled species management plans approved by the Florida Fish
2791and Wildlife Conservation Commission under commission rules
2792without unnecessarily restricting the use of such land for
2793recreational and water supply uses. As part of the state's role,
2794state lands which include imperiled species habitat shall
2795include as a management activity the restoration, management,
2796and repopulation of such habitats. In addition, the primary land
2797managers of such state lands may use fees received for adverse
2798impacts to imperiled species from private and public projects as
2799a means to restore, manage, and repopulate such land, and such
2800fees received shall be used as a revenue source to implement
2801land management plans developed under s. 253.034 or land
2802management prospectus developed and implemented under this
2803chapter.
2804     12.10.  It is the intent of the Legislature to change the
2805focus and direction of the state's major land acquisition
2806programs and to extend funding and bonding capabilities, so that
2807the state fulfills its role in the recovery and management of
2808Florida's imperiled species consistent with the goals and
2809objectives of the imperiled species management plans approved by
2810the Florida Fish and Wildlife Conservation Commission under
2811commission rules; provides ample access to Florida waterways
2812and; enhances adequate water supply to meet the needs of natural
2813systems as well as Florida citizens through the implementation
2814of alternative supplies and water resource development as
2815defined in s. 373.019; ensuring future generations may enjoy the
2816natural resources of Florida.
2817     (b)  The Legislature recognizes that acquisition is only
2818one way to achieve the aforementioned goals and directs the
2819state's primary land managers to develop encourages the
2820development of creative partnerships between governmental
2821agencies and private landowners. Such partnerships shall include
2822the restoration, repopulation and management of imperiled
2823species habitat on state lands as provided for subparagraph
2824(a)11. Easements acquired pursuant to s. 570.71(2)(a) and (b),
2825land protection agreements, rural land stewardship agreements,
2826sector planning, mitigation, and similar tools should be used,
2827where appropriate, to bring environmentally sensitive tracts
2828under an acceptable level of protection at a lower financial
2829cost to the public, and to provide private landowners with the
2830opportunity to enjoy and benefit from their property.
2831     (c)  Public agencies or other entities that receive funds
2832under this section shall are encouraged to better coordinate
2833their expenditures so that project acquisitions, when combined
2834with acquisitions under Florida Forever, Preservation 2000, Save
2835Our Rivers, the Florida Communities Trust, and other public land
2836acquisition programs, will form more complete patterns of
2837protection for and management of natural areas, habitat for
2838Florida's wildlife, including imperiled species, ecological
2839greenways, and functioning ecosystems, to better accomplish the
2840intent of this section. Sector planning, rural land stewardship
2841programs, and strategies referenced in subparagraph (a)11. are
2842also to be utilized to form a more complete pattern of restored,
2843managed, and protected ecosystem to accomplish the intent of
2844this section and to advance the goals and objectives of the
2845imperiled species management plans approved by the Florida Fish
2846and Wildlife Conservation Commission under commission rules.
2847     (d)  A long-term financial commitment to managing Florida's
2848public lands to implement land management plans developed under
2849s. 253.034 or land management prospectus developed and
2850implemented under this chapter must accompany any new land
2851acquisition program to ensure that the natural resource values
2852of such lands are protected, that the public enjoys has the
2853opportunity to enjoy the lands to their fullest potential, and
2854that the state achieves the full benefits of its investment of
2855public dollars. Innovative strategies such as public-private
2856partnerships and interagency planning and sharing of resources
2857shall be used to achieve the state's management goals.
2858     (e)  With limited dollars available for restoration,
2859management, and acquisition of land and water areas and for
2860providing long-term management and capital improvements, a
2861competitive selection process shall can select those projects
2862best able to meet the goals of Florida Forever and maximize the
2863efficient use of the program's funding.
2864     (f)  To ensure success and provide accountability to the
2865citizens of this state, it is the intent of the Legislature that
2866any cash or bond proceeds used pursuant to this section be used
2867to implement the goals and objectives recommended by
2868comprehensive science-based assessment and the Florida Forever
2869Advisory Council as approved by the Board of Trustees of the
2870Internal Improvement Trust Fund and the Legislature.
2871     (g)  As it has with previous land acquisition programs, the
2872Legislature recognizes the desires of the citizens of this state
2873to prosper through economic development and to preserve,
2874restore, and manage the natural areas and recreational open
2875space of Florida. The Legislature further recognizes the urgency
2876of restoring the natural functions of public lands or water
2877bodies before they are degraded to a point where recovery may
2878never occur, yet acknowledges the difficulty of ensuring
2879adequate funding for restoration and management efforts in light
2880of other equally critical financial needs of the state. It is
2881the Legislature's desire and intent to fund the implementation
2882of this section and to do so in a fiscally responsible manner,
2883by issuing bonds to be repaid with documentary stamp tax revenue
2884sources, including those sources identified in subparagraph
2885(a)11.
2886     (h)  The Legislature further recognizes the important role
2887that many of our state and federal military installations
2888contribute to protecting and preserving Florida's natural
2889resources as well as our economic prosperity. Where the state's
2890land conservation plans overlap with the military's need to
2891protect lands, waters, and habitat to ensure the sustainability
2892of military missions, it is the Legislature's intent that
2893agencies receiving funds under this program cooperate with our
2894military partners to protect and buffer military installations
2895and military airspace, by:
2896     1.  Protecting and restoring habitat on nonmilitary land
2897for any species found on military land that is designated as
2898threatened or endangered, or is a candidate for such designation
2899under the Endangered Species Act, or any Florida statute, or any
2900rule of the Fish and Wildlife Conservation Commission;
2901     2.  Providing the military with technical assistance to
2902restore, enhance, and manage military land as habitat for
2903imperiled species, species designated as a threatened or
2904endangered species, or species that are candidates for
2905designation as a threatened or endangered species, and for the
2906recovery or reestablishment of such species;
2907     3.2.  Protecting areas underlying low-level military air
2908corridors or operating areas; and
2909     4.3.  Protecting areas identified as clear zones, accident
2910potential zones, and air installation compatible use buffer
2911zones delineated by our military partners.
2912     (3)  Less the costs of issuing and the costs of funding
2913reserve accounts and other costs associated with bonds, the
2914proceeds of cash payments or bonds issued pursuant to this
2915section shall be deposited into the Florida Forever Trust Fund
2916created by s. 259.1051. The proceeds shall be distributed by the
2917Department of Environmental Protection in the following manner:
2918     (a)  Thirty Thirty-five percent to the Department of
2919Environmental Protection for the acquisition and restoration of
2920lands and capital project expenditures necessary to implement
2921the water management districts' priority lists developed
2922pursuant to s. 373.199. The funds are to be distributed to the
2923water management districts as provided in subsection (11). A
2924minimum of 50 percent of the total funds provided over the life
2925of the Florida Forever program pursuant to this paragraph shall
2926be used for the acquisition of lands.
2927     (b)  Thirty-five percent to the Department of Environmental
2928Protection for the acquisition, restoration, and management of
2929lands and capital project expenditures described in this
2930section. Of the proceeds distributed pursuant to this paragraph,
2931it is the intent of the Legislature that an increased priority
2932be given to those acquisitions which achieve a combination of
2933conservation goals, including protecting Florida's water
2934resources, providing support for developing alternative water
2935supplies and water resource development as defined in s.
2936373.019, and natural groundwater recharge. At a minimum, 3
2937percent, and no more than 10 percent, of the funds allocated
2938pursuant to this paragraph, shall be spent on capital project
2939expenditures identified during the time of acquisition that meet
2940land management planning activities necessary for public access
2941Capital project expenditures may not exceed 10 percent of the
2942funds allocated pursuant to this paragraph.
2943     (c)  Twenty-two percent to the Department of Environmental
2944Protection Community Affairs for use by the Florida Communities
2945Trust for the purposes of part III of chapter 380, as described
2946and limited by this subsection, and grants to local governments
2947or nonprofit environmental organizations that are tax-exempt
2948under s. 501(c)(3) of the United States Internal Revenue Code
2949for the acquisition of community-based projects, urban open
2950spaces, parks, and greenways to implement local government
2951comprehensive plans. From funds available to the trust and used
2952for land acquisition, 75 percent shall be matched by local
2953governments on a dollar-for-dollar basis. The Legislature
2954intends that the Florida Communities Trust emphasize funding
2955projects in low-income or otherwise disadvantaged communities
2956and projects that provide areas for public access and offer
2957public access by vessels to waters of the state, including
2958docks, boat ramps, associated parking, and other amenities. At
2959least 30 percent of the total allocation provided to the trust
2960shall be used in Standard Metropolitan Statistical Areas, but
2961one-half of that amount shall be used in localities in which the
2962project site is located in built-up commercial, industrial, or
2963mixed-use areas and functions to intersperse open spaces within
2964congested urban core areas. From funds allocated to the trust,
2965no less than 5 percent shall be used to acquire lands for
2966recreational trail systems, provided that in the event these
2967funds are not needed for such projects, they will be available
2968for other trust projects. Local governments may use federal
2969grants or loans, private donations, or environmental mitigation
2970funds, including environmental mitigation funds required
2971pursuant to s. 338.250, for any part or all of any local match
2972required for acquisitions funded through the Florida Communities
2973Trust. Any lands purchased by nonprofit organizations using
2974funds allocated under this paragraph must provide for such lands
2975to remain permanently in public use through a reversion of title
2976to local or state government, conservation easement, or other
2977appropriate mechanism. Projects funded with funds allocated to
2978the Trust shall be selected in a competitive process measured
2979against criteria adopted in rule by the Trust.
2980     (d)  Two percent to the Department of Environmental
2981Protection for grants pursuant to s. 375.075.
2982     (e)  One and five-tenths percent to the Department of
2983Environmental Protection for the purchase of inholdings and
2984additions to state parks and for capital project expenditures as
2985described in this section. At a minimum, 1 percent, and no more
2986than 10 percent, of the funds allocated pursuant to this
2987paragraph shall be spent on capital project expenditures
2988identified during the time of acquisition that meets land
2989management planning activities necessary for public access
2990Capital project expenditures may not exceed 10 percent of the
2991funds allocated under this paragraph. For the purposes of this
2992paragraph, "state park" means any real property in the state
2993which is under the jurisdiction of the Division of Recreation
2994and Parks of the department, or which may come under its
2995jurisdiction.
2996     (f)  One and five-tenths percent to the Division of
2997Forestry of the Department of Agriculture and Consumer Services
2998to fund the acquisition of state forest inholdings and additions
2999pursuant to s. 589.07, the implementation of reforestation plans
3000or sustainable forestry management practices, restoration and
3001management of state lands, and for capital project expenditures
3002as described in this section. At a minimum, 1 percent, and no
3003more than 10 percent, of the funds allocated for the acquisition
3004of inholdings and additions pursuant to this paragraph shall be
3005spent on capital project expenditures identified during the time
3006of acquisition that meet land management planning activities
3007necessary for public access Capital project expenditures may not
3008exceed 10 percent of the funds allocated under this paragraph.
3009     (g)  One and five-tenths percent to the Fish and Wildlife
3010Conservation Commission to fund the acquisition of inholdings
3011and additions to lands managed by the commission which are
3012important to the conservation of fish and wildlife, restoration
3013and management of state lands, and for capital project
3014expenditures as described in this section. At a minimum, 1
3015percent, and no more than 10 percent, of the funds allocated
3016pursuant to this paragraph shall be spent on capital projects
3017identified during the time of acquisition that meet land
3018management planning activities necessary for public access
3019Capital project expenditures may not exceed 10 percent of the
3020funds allocated under this paragraph.
3021     (h)  One and five-tenths percent to the Department of
3022Environmental Protection for the Florida Greenways and Trails
3023Program, to acquire greenways and trails or greenways and trail
3024systems pursuant to chapter 260, including, but not limited to,
3025abandoned railroad rights-of-way and the Florida National Scenic
3026Trail and for capital project expenditures as described in this
3027section. At a minimum, 1 percent, and no more than 10 percent,
3028of the funds allocated pursuant to this paragraph shall be spent
3029on capital project expenditures identified during the time of
3030acquisition that meet land management planning activities
3031necessary for public access Capital project expenditures may not
3032exceed 10 percent of the funds allocated under this paragraph.
3033     (i)  It is the intent of the Legislature that proceeds of
3034Florida Forever bonds distributed under this section shall be
3035expended in an efficient and fiscally responsible manner. An
3036agency that receives proceeds from Florida Forever bonds under
3037this section may not maintain a balance of unencumbered funds in
3038its Florida Forever subaccount beyond 3 fiscal years from the
3039date of deposit of funds from each bond issue. Any funds that
3040have not been expended or encumbered after 3 fiscal years from
3041the date of deposit shall be distributed by the Legislature at
3042its next regular session for use in the Florida Forever program.
3043     (j)  Five percent to the Conservation and Recreation Lands
3044Program Trust Fund within the Department of Agriculture and
3045Consumer Services to fund the acquisition of fee simple and
3046perpetual easements by the Board of Trustees of the Internal
3047Improvement Trust Fund pursuant to the provisions of s. 570.71.
3048Of the proceeds distributed pursuant to this paragraph, one-
3049third shall be used to fund working waterfront protection
3050agreements or acquisitions of fee simple interest in working
3051waterfronts. The Department of Agriculture and Consumer Services
3052and the Department of Environmental Protection shall coordinate
3053the development of annual workplans for proposed fee simple and
3054less-than-fee simple acquisition projects developed pursuant to
3055this paragraph and those developed pursuant to paragraph
3056(17)(e). Terms of easements proposed for acquisition under this
3057subsection shall be developed by the Department of Agriculture
3058and Consumer Services in coordination with the Division of State
3059Lands.
3060     (k)(j)  For the purposes of paragraphs (d), (e), (f), and
3061(g), the agencies which receive the funds shall develop their
3062individual acquisition or restoration lists. Proposed additions
3063may be acquired if they are identified within the original
3064project boundary, the management plan required pursuant to s.
3065253.034(5), or the management prospectus required pursuant to s.
3066259.032(9)(d), or pursuant to s. 570.71, or if they contain
3067lands that advance the goals and objectives of Florida Fish and
3068Wildlife Conservation Commission approved species or habitat
3069recovery plans. Proposed additions not meeting the requirements
3070of this paragraph shall be submitted to the Acquisition and
3071Restoration Council for approval. The council may only approve
3072the proposed addition if it meets two or more of the following
3073criteria: serves as a link or corridor to other publicly owned
3074property; enhances the protection or management of the property;
3075would add a desirable resource to the property; would create a
3076more manageable boundary configuration; has a high resource
3077value that otherwise would be unprotected; or can be acquired at
3078less than fair market value.
3079     (4)  It is the intent of the Legislature that projects or
3080acquisitions funded pursuant to paragraphs (3)(a) and (b)
3081contribute to the achievement of the following goals, which
3082shall be evaluated in accordance with specific criteria and
3083numeric performance measures developed pursuant s. 259.035(4):
3084     (a)  Enhance the coordination and completion of land
3085acquisition projects, as measured by:
3086     1.  The number of acres acquired, restored, and managed
3087through the state's land acquisition programs that contribute to
3088the enhancement of essential natural resources, ecosystem
3089service parcels, and connecting linkage corridors as identified
3090and developed by the best available scientific analysis
3091completion of Florida Preservation 2000 projects or projects
3092begun before Preservation 2000;
3093     2.  The number of acres protected through the use of
3094alternatives to fee simple acquisition; or
3095     3.  The number of shared acquisition projects among Florida
3096Forever funding partners and partners with other funding
3097sources, including local governments and the Federal Government.
3098     (b)  Increase the protection of Florida's biodiversity at
3099the species, natural community, and landscape levels, as
3100measured by:
3101     1.  The number of acres acquired of significant strategic
3102habitat conservation areas;
3103     2.  The number of acres acquired of highest priority
3104conservation areas for Florida's rarest plant species and
3105imperiled species;
3106     3.  The number of acres acquired of significant landscapes,
3107landscape linkages, and conservation corridors, giving priority
3108to completing linkages;
3109     4.  The number of acres acquired of underrepresented native
3110ecosystems;
3111     5.  The number of landscape-sized protection areas of at
3112least 50,000 acres that exhibit a mosaic of predominantly intact
3113or restorable natural communities established through new
3114acquisition projects or augmentations to previous projects; or
3115     6.  The percentage increase in the number of occurrences of
3116endangered species, threatened species, or species of special
3117concern on publicly managed conservation areas.
3118     7.  The number of acres which represent actual or potential
3119imperiled species habitat.
3120     (c)  Protect, restore, and maintain the quality and natural
3121functions of land, water, and wetland systems of the state, as
3122measured by:
3123     1.  The number of acres of publicly owned land identified
3124as needing restoration, acres undergoing restoration, and acres
3125with restoration activities completed;
3126     2.  The percentage of water segments that fully meet,
3127partially meet, or do not meet their designated uses as reported
3128in the Department of Environmental Protection's State Water
3129Quality Assessment 305(b) Report;
3130     3.  The percentage completion of targeted capital
3131improvements in surface water improvement and management plans
3132created under s. 373.453(2), regional or master stormwater
3133management system plans, or other adopted restoration plans;
3134     4.  The number of acres acquired that protect natural
3135floodplain functions;
3136     5.  The number of acres acquired that protect surface
3137waters of the state;
3138     6.  The number of acres identified for acquisition to
3139minimize damage from flooding and the percentage of those acres
3140acquired;
3141     7.  The number of acres acquired that protect fragile
3142coastal resources;
3143     8.  The number of acres of functional wetland systems
3144protected;
3145     9.  The percentage of miles of critically eroding beaches
3146contiguous with public lands that are restored or protected from
3147further erosion;
3148     10.  The percentage of public lakes and rivers in which
3149invasive, nonnative aquatic plants are under maintenance
3150control; or
3151     11.  The number of acres of public conservation lands in
3152which upland invasive, exotic plants are under maintenance
3153control; or.
3154     12.  The number of acres restored or enhanced that serve as
3155habitat for imperiled species which advance the goals and
3156objectives of Florida Fish and Wildlife Conservation Commission
3157approved species or habitat recovery plans.
3158     (d)  Ensure that sufficient quantities of water are
3159available to meet the current and future needs of natural
3160systems and the citizens of the state, as measured by:
3161     1.  The number of acres acquired which provide retention
3162and storage of surface water in naturally occurring storage
3163areas, such as lakes and wetlands, consistent with the
3164maintenance of water resources or water supplies and consistent
3165with district water supply plans;
3166     2.  The quantity of water made available through the water
3167resource development component of a district water supply plan
3168for which a water management district is responsible; or
3169     3.  The number of acres acquired of groundwater recharge
3170areas critical to springs, sinks, aquifers, other natural
3171systems, or water supply.
3172     4.  The means in which support is provided for the
3173development of alternative water supply projects and water
3174resource development as defined in s. 373.019.
3175     (e)  Increase natural resource-based public recreational
3176and educational opportunities, as measured by:
3177     1.  The number of acres acquired that are available for
3178natural resource-based public recreation or education;
3179     2.  The miles of trails that are available for public
3180recreation, giving priority to those that provide significant
3181connections including those that will assist in completing the
3182Florida National Scenic Trail; or
3183     3.  The number of new resource-based recreation facilities,
3184by type, made available on public land.
3185     (f)  Preserve significant archaeological or historic sites,
3186as measured by:
3187     1.  The increase in the number of and percentage of
3188historic and archaeological properties listed in the Florida
3189Master Site File or National Register of Historic Places which
3190are protected or preserved for public use; or
3191     2.  The increase in the number and percentage of historic
3192and archaeological properties that are in state ownership.
3193     (g)  Increase the amount of forestland available for
3194sustainable management of natural resources, as measured by:
3195     1.  The number of acres acquired that are available for
3196sustainable forest management;
3197     2.  The number of acres of state-owned forestland managed
3198for economic return in accordance with current best management
3199practices;
3200     3.  The number of acres of forestland acquired that will
3201serve to maintain natural groundwater recharge functions; or
3202     4.  The percentage and number of acres identified for
3203restoration actually restored by reforestation; or.
3204     5.  The number of acres restored or enhanced that serve as
3205habitat for imperiled species which advance the goals and
3206objectives of the Florida Fish and Wildlife Conservation
3207Commission approved species or habitat recovery plans.
3208     (h)  Increase the amount of open space available in urban
3209areas, as measured by:
3210     1.  The percentage of local governments that participate in
3211land acquisition programs and acquire open space in urban cores;
3212or
3213     2.  The percentage and number of acres of purchases of open
3214space within urban service areas.
3215     (i)  Increase the amount of agricultural and working land
3216protected from conversion and development.
3217     1.  The number of acres of agricultural and working lands
3218under perpetual rural land protection easement.
3219     2.  The number of acres of agricultural and working lands
3220under time-certain conservation easement.
3221     3.  The number of acres under conservation easement
3222providing surrogate habitat for wildlife as determined by the
3223Fish and Wildlife Conservation Commission.
3224
3225Florida Forever projects and acquisitions funded pursuant to
3226paragraph (3)(c) shall be measured by goals developed by rule by
3227the Florida Communities Trust Governing Board created in s.
3228380.504.
3229     (5)(a)  All lands acquired pursuant to this section shall
3230be managed for multiple-use purposes, where compatible with the
3231resource values of and management objectives for such lands. As
3232used in this section, "multiple-use" includes, but is not
3233limited to, outdoor recreational activities as described in ss.
3234253.034 and 259.032(9)(b), water resource development projects,
3235and sustainable forestry management.
3236     (b)  Upon a decision by the entity in which title to lands
3237acquired pursuant to this section has vested, such lands may be
3238designated single use as defined in s. 253.034(2)(b).
3239     (6)  As provided in this section, a water resource or water
3240supply development project may be allowed only if the following
3241conditions are met: minimum flows and levels have been
3242established for those waters, if any, which may reasonably be
3243expected to experience significant harm to water resources as a
3244result of the project; the project complies with all applicable
3245permitting requirements; and the project is consistent with the
3246regional water supply plan, if any, of the water management
3247district and with relevant recovery or prevention strategies if
3248required pursuant to s. 373.0421(2).
3249     (7)(a)  Beginning no later than July 1, 2001, and every
3250year thereafter, the Acquisition and Restoration Council shall
3251accept applications from state agencies, local governments,
3252nonprofit and for-profit organizations, private land trusts, and
3253individuals for project proposals eligible for funding pursuant
3254to paragraph (3)(b). The council shall evaluate the proposals
3255received pursuant to this subsection to ensure that they meet at
3256least one of the criteria under subsection (9).
3257     (b)  Project applications shall contain, at a minimum, the
3258following:
3259     1.  A minimum of two numeric performance measures that
3260directly relate to the overall goals adopted by the council.
3261Each performance measure shall include a baseline measurement,
3262which is the current situation; a performance standard which the
3263project sponsor anticipates the project will achieve; and the
3264performance measurement itself, which should reflect the
3265incremental improvements the project accomplishes towards
3266achieving the performance standard.
3267     2.  Proof that property owners within any proposed
3268acquisition have been notified of their inclusion in the
3269proposed project. Any property owner may request the removal of
3270such property from further consideration by submitting a request
3271to the project sponsor or the Acquisition and Restoration
3272Council by certified mail. Upon receiving this request, the
3273council shall delete the property from the proposed project;
3274however, the board of trustees, at the time it votes to approve
3275the proposed project lists pursuant to subsection (16), may add
3276the property back on to the project lists if it determines by a
3277super majority of its members that such property is critical to
3278achieve the purposes of the project.
3279     (c)  The title to lands acquired under this section shall
3280vest in the Board of Trustees of the Internal Improvement Trust
3281Fund, except that title to lands acquired by a water management
3282district shall vest in the name of that district and lands
3283acquired by a local government shall vest in the name of the
3284purchasing local government.
3285     (8)  The Acquisition and Restoration Council shall develop
3286a project list that shall represent those projects submitted
3287pursuant to subsection (7).
3288     (9)  The Acquisition and Restoration Council shall
3289recommend rules for adoption by the board of trustees to
3290competitively evaluate, select, and rank projects eligible for
3291Florida Forever funds pursuant to paragraph (3)(b) and for
3292additions to the Conservation and Recreation Lands list pursuant
3293to ss. 259.032 and 259.101(4). In developing these proposed
3294rules, the Acquisition and Restoration Council shall give weight
3295to the following criteria:
3296     (a)  The project meets multiple goals described in
3297subsection (4).
3298     (b)  The project is part of an ongoing governmental effort
3299to restore, protect, or develop land areas or water resources.
3300     (c)  The project enhances or facilitates management of
3301properties already under public ownership.
3302     (d)  The project has significant archaeological or historic
3303value.
3304     (e)  The project has funding sources that are identified
3305and assured through at least the first 2 years of the project.
3306     (f)  The project includes the acquisition, restoration,
3307repopulation, or management of habitat for imperiled species.
3308     (g)(f)  The project contributes to the solution of water
3309resource problems on a regional basis.
3310     (h)(g)  The project has a significant portion of its land
3311area in imminent danger of development, in imminent danger of
3312losing its significant natural attributes or recreational open
3313space, or in imminent danger of subdivision which would result
3314in multiple ownership and make acquisition of the project costly
3315or less likely to be accomplished.
3316     (i)(h)  The project implements an element from a plan
3317developed by an ecosystem management team or advances the goals
3318and objectives of Florida Fish and Wildlife Conservation
3319Commission approved species or habitat recovery plans.
3320     (j)(i)  The project is one of the components of the
3321Everglades restoration effort.
3322     (k)(j)  The project may be purchased at 80 percent of
3323appraised value or prevents the conversion and development of
3324agricultural and working lands.
3325     (l)(k)  The project may be acquired, in whole or in part,
3326through tax incentives, mitigation funds, or other revenues, and
3327using alternatives to fee simple, including but not limited to,
3328purchase of development rights, hunting rights, agricultural or
3329silvicultural rights, or mineral rights or obtaining
3330conservation easements or flowage easements.
3331     (m)(l)  The project is a joint acquisition, either among
3332public agencies, nonprofit organizations, or private entities,
3333or by a public-private partnership.
3334     (10)  The Acquisition and Restoration Council shall give
3335increased priority to those projects for which matching funds
3336are available and to project elements previously identified on
3337an acquisition list pursuant to this section that can be
3338acquired at 80 percent or less of appraised value. The council
3339shall also give increased priority to those projects where the
3340state's land conservation plans overlap with the military's need
3341to protect lands, water, and habitat to ensure the
3342sustainability of military missions including:
3343     (a)  Protecting habitat on nonmilitary land for any species
3344found on military land that is designated as threatened or
3345endangered, or is a candidate for such designation under the
3346Endangered Species Act or any Florida statute;
3347     (b)  Protecting areas underlying low-level military air
3348corridors or operating areas; and
3349     (c)  Protecting areas identified as clear zones, accident
3350potential zones, and air installation compatible use buffer
3351zones delineated by our military partners, and for which federal
3352or other funding is available to assist with the project.
3353     (11)  For the purposes of funding projects pursuant to
3354paragraph (3)(a), the Secretary of Environmental Protection
3355shall ensure that each water management district receives the
3356following percentage of funds annually:
3357     (a)  Thirty-five percent to the South Florida Water
3358Management District, of which amount $25 million for 2 years
3359beginning in fiscal year 2000-2001 shall be transferred by the
3360Department of Environmental Protection into the Save Our
3361Everglades Trust Fund and shall be used exclusively to implement
3362the comprehensive plan under s. 373.470.
3363     (b)  Twenty-five percent to the Southwest Florida Water
3364Management District.
3365     (c)  Twenty-five percent to the St. Johns River Water
3366Management District.
3367     (d)  Seven and one-half percent to the Suwannee River Water
3368Management District.
3369     (e)  Seven and one-half percent to the Northwest Florida
3370Water Management District.
3371     (12)  It is the intent of the Legislature that in
3372developing the list of projects for funding pursuant to
3373paragraph (3)(a), that these funds not be used to abrogate the
3374financial responsibility of those point and nonpoint sources
3375that have contributed to the degradation of water or land areas.
3376Therefore, an increased priority shall be given by the water
3377management district governing boards to those projects that have
3378secured a cost-sharing agreement allocating responsibility for
3379the cleanup of point and nonpoint sources.
3380     (13)  An affirmative vote of five members of the
3381Acquisition and Restoration Council shall be required in order
3382to place a proposed project on the list developed pursuant to
3383subsection (8). Any member of the council who by family or a
3384business relationship has a connection with any project proposed
3385to be ranked shall declare such interest prior to voting for a
3386project's inclusion on the list.
3387     (14)  Each year that cash disbursements or bonds are to be
3388issued pursuant to this section, the Acquisition and Restoration
3389Council shall review the most current approved project list and
3390shall, by the first board meeting in May, present to the Board
3391of Trustees of the Internal Improvement Trust Fund for approval
3392a listing of projects developed pursuant to subsection (8). The
3393board of trustees may remove projects from the list developed
3394pursuant to this subsection, but may not add projects or
3395rearrange project rankings.
3396     (15)  The Acquisition and Restoration Council shall submit
3397to the board of trustees, with its list of projects, a report
3398that includes, but shall not be limited to, the following
3399information for each project listed:
3400     (a)  The stated purpose for inclusion.
3401     (b)  Projected costs to achieve the project goals.
3402     (c)  An interim management budget developed in accordance
3403with s. 253.034 that includes all costs associated with
3404immediate public access.
3405     (d)  Specific performance measures.
3406     (e)  Plans for public access.
3407     (f)  An identification of the essential parcel or parcels
3408within the project without which the project cannot be properly
3409managed.
3410     (g)  Where applicable, an identification of those projects
3411or parcels within projects which should be acquired in fee
3412simple or in less than fee simple.
3413     (h)  An identification of those lands being purchased for
3414conservation purposes.
3415     (i)  A management policy statement for the project and a
3416management prospectus pursuant to s. 259.032(9)(d).
3417     (j)  An estimate of land value based on county tax assessed
3418values.
3419     (k)  A map delineating project boundaries.
3420     (l)  An assessment of the project's ecological value,
3421outdoor recreational value, forest resources, wildlife
3422resources, ownership pattern, utilization, and location.
3423     (m)  A discussion of whether alternative uses are proposed
3424for the property and what those uses are.
3425     (n)  A designation of the management agency or agencies.
3426     (16)  All proposals for projects pursuant to paragraph
3427(3)(b) or subsection (20) shall be implemented only if adopted
3428by the Acquisition and Restoration Council and approved by the
3429board of trustees. The council shall consider and evaluate in
3430writing the merits and demerits of each project that is proposed
3431for Florida Forever funding and each proposed addition to the
3432Conservation and Recreation Lands list program. The council
3433shall ensure that each proposed project will meet a stated
3434public purpose for the restoration, conservation, or
3435preservation of environmentally sensitive lands and water areas
3436or for providing outdoor recreational opportunities and that
3437each proposed addition to the Conservation and Recreation Lands
3438list will meet the public purposes under s. 259.032(3) and, when
3439applicable, s. 259.101(4). The council also shall determine
3440whether the project or addition conforms, where applicable, with
3441the comprehensive plan developed pursuant to s. 259.04(1)(a),
3442the comprehensive multipurpose outdoor recreation plan developed
3443pursuant to s. 375.021, the state lands management plan adopted
3444pursuant to s. 253.03(7), the water resources work plans
3445developed pursuant to s. 373.199, and the provisions of this
3446section.
3447     (17)  On an annual basis, the Division of State Lands shall
3448prepare an annual work plan that prioritizes projects on the
3449Florida Forever list and sets forth the funding available in the
3450fiscal year for land acquisition. The work plan shall consider
3451the following categories of expenditure for land conservation
3452projects already selected for the Florida Forever list pursuant
3453to subsection (8).
3454     (a)  A critical natural lands category including functional
3455landscape-scale natural systems, intact large hydrological
3456systems, lands with significant imperiled natural communities,
3457and corridors linking large landscapes as identified and
3458developed by the best available scientific analysis.
3459     (b)  A partnerships or regional incentive category,
3460including:
3461     1.  Projects where local and regional cost-share agreements
3462provide a lower cost and greater conservation benefit to the
3463people of the state. Additional consideration shall be provided
3464under this category where parcels are identified as part of a
3465local or regional visioning process and are supported by
3466scientific analysis;
3467     2.  Bargain and shared projects where the state will
3468receive a significant reduction in price for public ownership of
3469land as a result of the removal of development rights or other
3470interests in lands, or receives alternative or matching funds.
3471     (c)  A substantially complete category of projects where
3472mainly inholdings, additions, and linkages between preserved
3473areas will be acquired and where 85 percent of the project is
3474complete.
3475     (d)  A climate change category list of lands where
3476acquisition or other conservation measures will address the
3477challenges of global climate change, such as through protection,
3478restoration, mitigation, and strengthening of Florida's land,
3479water, and coastal resources. This category includes lands which
3480provide opportunities to sequester carbon, provide habitat,
3481protect coastal lands or barrier islands, and otherwise mitigate
3482and help adapt to the effects of sea level rise, and meet other
3483objectives of the program.
3484     (e)  A less-than-fee category for working agricultural
3485lands that significantly contributes to resource protection
3486through conservation easements and other less-than-fee
3487techniques, tax incentives, life estates, landowner agreements,
3488and other partnerships, including conservation easements
3489acquired in partnership with federal conservation programs, that
3490will achieve the objectives of Florida Forever while allowing
3491the continuation of compatible agricultural uses on the land.
3492Terms of easements proposed for acquisition under this category
3493shall be developed by the Division of State lands in
3494coordination with the Department of Agriculture and Consumer
3495Services.
3496
3497The workplan shall be adopted by the Acquisition and Restoration
3498Council after at least one public hearing. A copy of the
3499workplan shall be provided to the Board of Trustees of the
3500Internal Improvement Trust Fund no later than October 1 of each
3501year.
3502     (18)(17)(a)  The Board of Trustees of the Internal
3503Improvement Trust Fund, or, in the case of water management
3504district lands, the owning water management district, may
3505authorize the granting of a lease, easement, or license for the
3506use of certain lands acquired pursuant to this section, for
3507certain uses that are determined by the appropriate board to be
3508compatible with the resource values of and management objectives
3509for such lands.
3510     (b)  Any existing lease, easement, or license acquired for
3511incidental public or private use on, under, or across any lands
3512acquired pursuant to this section shall be presumed to be
3513compatible with the purposes for which such lands were acquired.
3514     (c)  Notwithstanding the provisions of paragraph (a), no
3515such lease, easement, or license shall be entered into by the
3516Department of Environmental Protection or other appropriate
3517state agency if the granting of such lease, easement, or license
3518would adversely affect the exclusion of the interest on any
3519revenue bonds issued to fund the acquisition of the affected
3520lands from gross income for federal income tax purposes,
3521pursuant to Internal Revenue Service regulations.
3522     (19)(18)  The Acquisition and Restoration Council shall
3523recommend adoption of rules by the board of trustees necessary
3524to implement the provisions of this section relating to:
3525solicitation, scoring, selecting, and ranking of Florida Forever
3526project proposals; disposing of or leasing lands or water areas
3527selected for funding through the Florida Forever program; and
3528the process of reviewing and recommending for approval or
3529rejection the land management plans associated with publicly
3530owned properties. Rules promulgated pursuant to this subsection
3531shall be submitted to the President of the Senate and the
3532Speaker of the House of Representatives, for review by the
3533Legislature, no later than 30 days prior to the 2001 Regular
3534Session and shall become effective only after legislative
3535review. In its review, the Legislature may reject, modify, or
3536take no action relative to such rules. The board of trustees
3537shall conform such rules to changes made by the Legislature, or,
3538if no action was taken by the Legislature, such rules shall
3539become effective.
3540     (20)(19)  Lands listed as projects for acquisition,
3541restoration, or management under the Florida Forever program may
3542be managed for conservation pursuant to s. 259.032, on an
3543interim basis by a private party in anticipation of a state
3544purchase, or on a permanent basis after state purchase, in
3545accordance with a contractual arrangement between the acquiring
3546agency and the private party that may include management service
3547contracts, leases, cost-share arrangements, or resource
3548conservation agreements. Lands designated as eligible under this
3549subsection shall be managed to maintain or enhance the resources
3550the state is seeking to protect by acquiring the land and to
3551accelerate public access to the lands. Funding for these
3552contractual arrangements may originate from the documentary
3553stamp tax revenue deposited into the Conservation and Recreation
3554Lands Trust Fund and Water Management Lands Trust Fund. No more
3555than 5 percent of funds allocated under the trust funds shall be
3556expended for this purpose. In addition, funding obtained from
3557sources as provided in subparagraph (2)(a)11. shall be deposited
3558into the Land Acquisition Trust Fund.
3559     (21)(20)  The use of rural-lands-protection easements as
3560described in s. 570.71(3) and rural lands stewardship areas
3561described in s. 163.3177(11)(d) are encouraged as a way to
3562maintain working lands while furthering the goals of this
3563chapter. The Acquisition and Restoration Council, as successors
3564to the Land Acquisition and Management Advisory Council, may
3565amend existing Conservation and Recreation Lands projects and
3566add to or delete from the 2000 Conservation and Recreation Lands
3567list until funding for the Conservation and Recreation Lands
3568program has been expended. The amendments to the 2000
3569Conservation and Recreation Lands list will be reported to the
3570board of trustees in conjunction with the council's report
3571developed pursuant to subsection (15).
3572     Section 22.  Subsection (1) of section 259.1051, Florida
3573Statutes, is amended to read:
3574     259.1051  Florida Forever Trust Fund.--
3575     (1)  There is created the Florida Forever Trust Fund to
3576carry out the purposes of ss. 259.032, 259.105, 259.1052, and
3577375.031. The Florida Forever Trust Fund shall be held and
3578administered by the Department of Environmental Protection.
3579Proceeds from the sale of bonds, except proceeds of refunding
3580bonds, issued under s. 215.618 and payable from moneys
3581transferred to the Land Acquisition Trust Fund under s.
3582201.15(1)(a), not to exceed $5.3 $3 billion, must be deposited
3583into this trust fund to be distributed and used as provided in
3584s. 259.105(3). The bond resolution adopted by the governing
3585board of the Division of Bond Finance of the State Board of
3586Administration may provide for additional provisions that govern
3587the disbursement of the bond proceeds.
3588     Section 23.  Paragraph (a) of subsection (3) of section
3589373.503, Florida Statutes, is amended, subsection (5) is
3590renumbered as subsection (6), and a new subsection (5) is added
3591to that section, to read:
3592     373.503  Manner of taxation.--
3593     (3)(a)  Subject to annual authorization by the Legislature
3594to levy ad valorem taxes under subsection (5), the districts may
3595levy ad valorem taxes on property within the district solely for
3596the purposes of this chapter and of chapter 25270, 1949, Laws of
3597Florida, as amended, and chapter 61-691, Laws of Florida, as
3598amended. The authority to levy ad valorem taxes as provided in
3599this act shall commence with the year 1977. However, the taxes
3600levied for 1977 by the governing boards pursuant to this section
3601shall be prorated to ensure that no such taxes will be levied
3602for the first 4 days of the tax year, which days will fall prior
3603to the effective date of the amendment to s. 9(b), Art. VII of
3604the State Constitution, which was approved March 9, 1976. When
3605appropriate, taxes levied by each governing board may be
3606separated by the governing board into a millage necessary for
3607the purposes of the district and a millage necessary for
3608financing basin functions specified in s. 373.0695. Beginning
3609with the taxing year 1977, and Notwithstanding the provisions of
3610any other general or special law to the contrary and subject to
3611annual authorization by the Legislature to levy ad valorem taxes
3612under subsection (5), the maximum total millage rate for
3613district and basin purposes shall be:
3614     1.  Northwest Florida Water Management District: 0.05 mill.
3615     2.  Suwannee River Water Management District: 0.75 mill.
3616     3.  St. Johns River Water Management District: 0.6 mill.
3617     4.  Southwest Florida Water Management District: 1.0 mill.
3618     5.  South Florida Water Management District: 0.80 mill.
3619     (5)  To ensure that the taxes authorized by this chapter
3620continue to be in proportion to the benefits derived by the
3621several parcels of real estate within the districts, the
3622Legislature shall annually review the authorized millage rate
3623for each district and annually set the maximum amount of revenue
3624authorized to be raised by each district from the taxes
3625authorized by this chapter. However, if the annual maximum
3626amount of revenue authorized to be raised by each district is
3627not set by the Legislature on or before July 1 of each year,
3628each district is authorized to raise the amount of revenue
3629authorized by the Legislature in the preceding fiscal year and
3630adjusted by the percentage change in the Consumer Price Index
3631for the preceding fiscal year.
3632     Section 24.  Subsections (1) and (2) and paragraphs (c),
3633(e), and (f) of subsection (5) of section 373.536, Florida
3634Statutes, are amended to read:
3635     373.536  District budget and hearing thereon.--
3636     (1)  FISCAL YEAR.--The fiscal year of districts created
3637under the provisions of this chapter shall extend from July
3638October 1 of one year through June September 30 of the following
3639year.
3640     (2)  BUDGET SUBMITTAL.--The budget officer of the district
3641shall, on or before July 15 of each year, submit for
3642consideration by the governing board of the district a tentative
3643budget for the district covering its proposed operations and
3644funding requirements for the ensuing fiscal year.
3645     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
3646APPROVAL.--
3647     (c)  Each water management district shall, by February
3648August 1 of each year, submit for review a tentative budget to
3649the Governor, the President of the Senate, the Speaker of the
3650House of Representatives, the chairs of all legislative
3651committees and subcommittees with substantive or fiscal
3652jurisdiction over water management districts, as determined by
3653the President of the Senate or the Speaker of the House of
3654Representatives as applicable, the secretary of the department,
3655and the governing body of each county in which the district has
3656jurisdiction or derives any funds for the operations of the
3657district.
3658     (e)  By September 5 of the year in which the budget is
3659submitted, the House and Senate appropriations chairs may
3660transmit to each district comments and objections to the
3661proposed budgets. Each district governing board shall include a
3662response to such comments and objections in the record of the
3663governing board meeting where final adoption of the budget takes
3664place, and the record of this meeting shall be transmitted to
3665the Executive Office of the Governor, the department, and the
3666chairs of the House and Senate appropriations committees.
3667     (e)(f)  The Executive Office of the Governor shall
3668annually, on or before September December 15, file with the
3669Legislature a report that summarizes its review of the water
3670management districts' tentative budgets and displays the adopted
3671budget allocations by program area. The report must identify the
3672districts that are not in compliance with the reporting
3673requirements of this section. State funds shall be withheld from
3674a water management district that fails to comply with these
3675reporting requirements.
3676     Section 25.  For the 2008-2009 and 2009-2010 fiscal years,
3677notwithstanding any law to the contrary, the water management
3678districts are directed to budget and plan for their fiscal
3679management to conform to the provisions of this act.
3680     Section 26.  Section 373.073, Florida Statutes, is amended
3681to read:
3682     373.073  Governing board.--
3683     (1)(a)  The governing board of each water management
3684district shall be composed of 9 members who shall reside within
3685the district, except that the Southwest Florida Water Management
3686District shall be composed of 13 members who shall reside within
3687the district. Members of the governing boards shall be nominated
3688by the nominating council created in s. 350.031 and appointed by
3689the Governor, subject to confirmation by the Senate pursuant to
3690subsection (5). at the next regular session of the Legislature,
3691and The refusal or failure of the Senate to confirm an
3692appointment creates a vacancy in the office to which the
3693appointment was made. The term of office for a governing board
3694member is 4 years and commences on June March 2 of the year in
3695which the appointment is confirmed made and terminates on June
3696March 1 of the fourth calendar year of the term or may continue
3697until a successor is appointed, but not more than 180 days.
3698Terms of office of governing board members shall be staggered to
3699help maintain consistency and continuity in the exercise of
3700governing board duties and to minimize disruption in district
3701operations.
3702     (b)  Commencing January 1, 1999, the Governor shall appoint
3703the following number of governing board members in each year of
3704the Governor's 4-year term of office:
3705     1.  In the first year of the Governor's term of office, the
3706Governor shall appoint three members to the governing board of
3707each district.
3708     2.  In the second year of the Governor's term of office,
3709the Governor shall appoint three members to the governing board
3710of the Southwest Florida Water Management District and two
3711members to the governing board of each other district.
3712     3.  In the third year of the Governor's term of office, the
3713Governor shall appoint three members to the governing board of
3714the Southwest Florida Water Management District and two members
3715to the governing board of each other district.
3716     4.  In the fourth year of the Governor's term of office,
3717the Governor shall appoint two members to the governing board of
3718each district.
3719
3720For any governing board vacancy that occurs before the date
3721scheduled for the office to be filled under this paragraph, the
3722nominating council created in s. 350.031 shall nominate and the
3723Governor shall appoint a person meeting residency requirements
3724of subsection (2) for a term that will expire on the date
3725scheduled for the term of that office to terminate under this
3726subsection. In addition to the residency requirements for the
3727governing boards as provided by subsection (2), the Governor
3728shall consider appointing governing board members to represent
3729an equitable cross-section of regional interests and technical
3730expertise.
3731     (2)  A person may not be nominated to serve as a member of
3732a water management district governing board until the nominating
3733council created in s. 350.031 has determined that the person has
3734Membership on governing boards shall be selected from candidates
3735who have significant experience in one or more of the following
3736areas, including, but not limited to: agriculture, the
3737development industry, local government, government-owned or
3738privately owned water utilities, law, civil engineering,
3739environmental science, hydrology, accounting, or financial
3740businesses. The nominating council created in s. 350.031 shall
3741nominate appointees to represent an equitable cross-section of
3742regional interests and technical expertise. Recommendations of
3743the nominating council created in s. 350.031 shall be
3744nonpartisan. Notwithstanding the provisions of any other general
3745or special law to the contrary, vacancies in the governing
3746boards of the water management districts shall be filled
3747according to the following residency requirements, representing
3748areas designated by the United States Water Resources Council in
3749United States Geological Survey, River Basin and Hydrological
3750Unit Map of Florida--1975, Map Series No. 72:
3751     (a)  Northwest Florida Water Management District:
3752     1.  One member shall reside in the area generally
3753designated as the "Perdido River Basin-Perdido Bay Coastal Area-
3754Lower Conecuh River-Escambia River Basin" hydrologic units and
3755that portion of the "Escambia Bay Coastal Area" hydrologic unit
3756which lies west of Pensacola Bay and Escambia Bay.
3757     2.  One member shall reside in the area generally
3758designated as the "Blackwater River Basin-Yellow River Basin-
3759Choctawhatchee Bay Coastal Area" hydrologic units and that
3760portion of the "Escambia Bay Coastal Area" hydrologic unit which
3761lies east of Pensacola Bay and Escambia Bay.
3762     3.  One member shall reside in the area generally
3763designated as the "Choctawhatchee River Basin-St. Andrews Bay
3764Coastal Area" hydrologic units.
3765     4.  One member shall reside in the area generally
3766designated as the "Lower Chattahoochee-Apalachicola River-
3767Chipola River Basin-Coastal Area between Ochlockonee River
3768Apalachicola Rivers-Apalachicola Bay coastal area and offshore
3769islands" hydrologic units.
3770     5.  One member shall reside in the area generally
3771designated as the "Ochlockonee River Basin-St. Marks and Wakulla
3772Rivers and coastal area between Aucilla and Ochlockonee River
3773Basin" hydrologic units.
3774     6.  Four members shall be appointed at large, except that
3775no county shall have more than two members on the governing
3776board.
3777     (b)  Suwannee River Water Management District:
3778     1.  One member shall reside in the area generally
3779designated as the "Aucilla River Basin" hydrologic unit.
3780     2.  One member shall reside in the area generally
3781designated as the "Coastal Area between Suwannee and Aucilla
3782Rivers" hydrologic unit.
3783     3.  One member shall reside in the area generally
3784designated as the "Withlacoochee River Basin-Alapaha River
3785Basin-Suwannee River Basin above the Withlacoochee River"
3786hydrologic units.
3787     4.  One member shall reside in the area generally
3788designated as the "Suwannee River Basin below the Withlacoochee
3789River excluding the Santa Fe River Basin" hydrologic unit.
3790     5.  One member shall reside in the area generally
3791designated as the "Santa Fe Basin-Waccasassa River and coastal
3792area between Withlacoochee and Suwannee River" hydrologic units.
3793     6.  Four members shall be appointed at large, except that
3794no county shall have more than two members on the governing
3795board.
3796     (c)  St. Johns River Water Management District:
3797     1.  One member shall reside in the area generally
3798designated as the "St. Marys River Basin-Coastal area between
3799St. Marys and St. Johns Rivers" hydrologic units.
3800     2.  One member shall reside in the area generally
3801designated as the "St. Johns River Basin below Oklawaha River-
3802Coastal area between the St. Johns River and Ponce de Leon
3803Inlet" hydrologic units.
3804     3.  One member shall reside in the area generally
3805designated as the "Oklawaha River Basin" hydrologic unit.
3806     4.  One member shall reside in the area generally
3807designated as the "St. Johns River Basin above the Oklawaha
3808River" hydrologic unit.
3809     5.  One member shall reside in the area generally
3810designated as the "Coastal area between Ponce de Leon Inlet and
3811Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie River"
3812hydrologic units.
3813     6.  Four members shall be appointed at large, except that
3814no county shall have more than two members on the governing
3815board.
3816     (d)  South Florida Water Management District:
3817     1.  Two members shall reside in Dade County.
3818     2.  One member shall reside in Broward County.
3819     3.  One member shall reside in Palm Beach County.
3820     4.  One member shall reside in Collier County, Lee County,
3821Hendry County, or Charlotte County.
3822     5.  One member shall reside in Glades County, Okeechobee
3823County, Highlands County, Polk County, Orange County, or Osceola
3824County.
3825     6.  Two members, appointed at large, shall reside in an
3826area consisting of St. Lucie, Martin, Palm Beach, Broward, Dade,
3827and Monroe Counties.
3828     7.  One member, appointed at large, shall reside in an area
3829consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
3830Okeechobee, Polk, Highlands, and Orange Counties.
3831     8.  No county shall have more than three members on the
3832governing board.
3833     (e)  Southwest Florida Water Management District:
3834     1.  Two members shall reside in Hillsborough County.
3835     2.  One member shall reside in the area consisting of
3836Hillsborough and Pinellas Counties.
3837     3.  Two members shall reside in Pinellas County.
3838     4.  One member shall reside in Manatee County.
3839     5.  Two members shall reside in Polk County.
3840     6.  One member shall reside in Pasco County.
3841     7.  One member shall be appointed at large from Levy,
3842Citrus, Sumter, and Lake Counties.
3843     8.  One member shall be appointed at large from Hardee,
3844DeSoto, and Highlands Counties.
3845     9.  One member shall be appointed at large from Marion and
3846Hernando Counties.
3847     10.  One member shall be appointed at large from Sarasota
3848and Charlotte Counties.
3849     (3)  It is the responsibility of the nominating council
3850created in s. 350.031 to nominate to the Governor three persons
3851for each vacancy on the governing boards of any of the five
3852water management districts. The nominating council created in s.
3853350.031 shall submit the recommendations to the Governor by
3854December 31 for the seats of those governing board members whose
3855terms are to expire the following calendar year, or within 90
3856days after a vacancy occurs for any reason other than the
3857expiration of the term.
3858     (4)  The Governor shall select from the list of nominees
3859provided by the nominating council created in s. 350.031. The
3860Governor shall fill a vacancy occurring on the governing board
3861of a water management district by appointment of one of the
3862applicants nominated by the nominating council created in s.
3863350.031 only after a background investigation of such applicant
3864has been conducted by the Florida Department of Law Enforcement.
3865If the Governor does not made an appointment within 60
3866consecutive calendar days after the receipt of the
3867recommendations, the nominating council created in s. 350.031
3868shall initiate, in accordance with this section, the nominating
3869process within 30 days.
3870     (5)  Each appointment to the governing board of a water
3871management district shall be subject to confirmation by the
3872Senate during the next regular session of the Legislature after
3873the vacancy occurs. If the Senate refuses to confirm or fails to
3874consider the appointment of the Governor, the nominating council
3875created in s. 350.031 shall, in accordance with this section,
3876initiate the nominating process in 30 days. Under no
3877circumstances may an appointee serve on the governing board of a
3878water management district until confirmed by the Senate.
3879     Section 27.  Paragraph (b) of subsection (1) of section
3880373.1391, Florida Statutes, is amended to read:
3881     373.1391  Management of real property.--
3882     (1)
3883     (b)  Whenever practicable, such lands shall be open to the
3884general public for recreational uses. General public
3885recreational purposes shall include, but not be limited to,
3886fishing, hunting, horseback riding, swimming, camping, hiking,
3887canoeing, boating, diving, birding, sailing, jogging, and other
3888related outdoor activities to the maximum extent possible
3889considering the environmental sensitivity and suitability of
3890those lands. These public lands shall be evaluated for their
3891resource value for the purpose of establishing which parcels, in
3892whole or in part, annually or seasonally, would be conducive to
3893general public recreational purposes. Such findings shall be
3894included in management plans which are developed for such public
3895lands. These lands shall be made available to the public for
3896these purposes, unless the district governing board can
3897demonstrate that such activities would be incompatible with the
3898purposes for which these lands were acquired. The department in
3899its supervisory capacity shall ensure that the districts provide
3900consistent levels of public access to district lands, consistent
3901with the purposes for which the lands were acquired.
3902     Section 28.  Paragraph (h) of subsection (4) of section
3903373.199, Florida Statutes, is amended to read:
3904     373.199  Florida Forever Water Management District Work
3905Plan.--
3906     (4)  The list submitted by the districts shall include,
3907where applicable, the following information for each project:
3908     (h)  A clear and concise An estimate of the funding needed
3909to carry out the restoration, protection, or improvement
3910project, or the development of new water resources, where
3911applicable, and a clear and concise identification of the
3912projected sources of the funding for the uses of Florida Forever
3913funds.
3914     Section 29.  Section 570.71, Florida Statutes, is amended
3915to read:
3916     570.71  Conservation easements and agreements.--
3917     (1)  The department, on behalf of the Board of Trustees of
3918the Internal Improvement Trust Fund, may allocate moneys to
3919acquire perpetual, less-than-fee interest in land, to enter into
3920agricultural protection agreements, and to enter into resource
3921conservation agreements, and to enter into working waterfront
3922protection agreements for the following public purposes:
3923     (a)  Promotion and improvement of wildlife habitat;
3924     (b)  Protection and enhancement of water bodies, aquifer
3925recharge areas, wetlands, and watersheds;
3926     (c)  Perpetuation of open space on lands with significant
3927natural areas; or
3928     (d)  Protection of agricultural lands threatened by
3929conversion to other uses.
3930     (e)  Protection of working waterfronts.
3931     (2)  To achieve the purposes of this act, beginning no
3932sooner than July 1, 2002, and every year thereafter, The
3933department may accept applications for project proposals that:
3934     (a)  Purchase conservation easements, as defined in s.
3935704.06.
3936     (b)  Purchase rural-lands-protection easements pursuant to
3937this act.
3938     (c)  Fund resource conservation agreements pursuant to this
3939act.
3940     (d)  Fund agricultural protection agreements pursuant to
3941this act.
3942     (e)  Fund working waterfront protection agreements pursuant
3943to this act.
3944     (f)  Fund fee simple acquisitions in working waterfronts
3945pursuant to subsection (12).
3946     (3)  Rural-lands-protection easements shall be a perpetual
3947right or interest in agricultural land which is appropriate to
3948retain such land in predominantly its current state and to
3949prevent the subdivision and conversion of such land into other
3950uses. This right or interest in property shall prohibit only the
3951following:
3952     (a)  Construction or placing of buildings, roads,
3953billboards or other advertising, utilities, or structures,
3954except those structures and unpaved roads necessary for the
3955agricultural operations on the land or structures necessary for
3956other activities allowed under the easement, and except for
3957linear facilities described in s. 704.06(11);
3958     (b)  Subdivision of the property;
3959     (c)  Dumping or placing of trash, waste, or offensive
3960materials; and
3961     (d)  Activities that affect the natural hydrology of the
3962land or that detrimentally affect water conservation, erosion
3963control, soil conservation, or fish or wildlife habitat, except
3964those required for environmental restoration; federal, state, or
3965local government regulatory programs; or best management
3966practices.
3967     (4)  Resource conservation agreements will be contracts for
3968services which provide annual payments to landowners for
3969services that actively improve habitat and water restoration or
3970conservation on their lands over and above that which is already
3971required by law or which provide recreational opportunities.
3972They will be for a term of not less than 5 years and not more
3973than 10 years. Property owners will become eligible to enter
3974into a resource conservation agreement only upon entering into a
3975conservation easement or rural lands protection easement.
3976     (5)  Agricultural protection agreements shall be for terms
3977of 30 years and will provide payments to landowners having
3978significant natural areas on their land. Public access and
3979public recreational opportunities may be negotiated at the
3980request of the landowner.
3981     (a)  For the length of the agreement, the landowner shall
3982agree to prohibit:
3983     1.  Construction or placing of buildings, roads, billboards
3984or other advertising, utilities, or structures, except those
3985structures and unpaved roads necessary for the agricultural
3986operations on the land or structures necessary for other
3987activities allowed under the easement, and except for linear
3988facilities described in s. 704.06(11);
3989     2.  Subdivision of the property;
3990     3.  Dumping or placing of trash, waste, or offensive
3991materials; and
3992     4.  Activities that affect the natural hydrology of the
3993land, or that detrimentally affect water conservation, erosion
3994control, soil conservation, or fish or wildlife habitat.
3995     (b)  As part of the agricultural protection agreement, the
3996parties shall agree that the state shall have a right to buy a
3997conservation easement or rural land protection easement at the
3998end of the 30-year term. If the landowner tenders the easement
3999for the purchase and the state does not timely exercise its
4000right to buy the easement, the landowner shall be released from
4001the agricultural agreement. The purchase price of the easement
4002shall be established in the agreement and shall be based on the
4003value of the easement at the time the agreement is entered into,
4004plus a reasonable escalator multiplied by the number of full
4005calendar years following the date of the commencement of the
4006agreement. The landowner may transfer or sell the property
4007before the expiration of the 30-year term, but only if the
4008property is sold subject to the agreement and the buyer becomes
4009the successor in interest to the agricultural protection
4010agreement. Upon mutual consent of the parties, a landowner may
4011enter into a perpetual easement at any time during the term of
4012an agricultural protection agreement.
4013     (6)  Working waterfront protection agreements shall be
4014perpetual less-than-fee interest in lands that currently or
4015historically have been used as a working waterfront. The
4016agreements shall prevent the conversion of the land into other
4017inconsistent uses and shall maintain the use of the land in its
4018predominate historical or current state.
4019     (7)(6)  Payment for conservation easements, and rural land
4020protection easements, working waterfront protection agreements,
4021and working waterfront acquisitions shall be a lump-sum payment
4022at the time the easement or agreement is entered into.
4023     (8)(7)  Landowners entering into an agricultural protection
4024agreement may receive up to 50 percent of the purchase price at
4025the time the agreement is entered into, and remaining payments
4026on the balance shall be equal annual payments over the term of
4027the agreement.
4028     (9)(8)  Payments for the resource conservation agreements
4029shall be equal annual payments over the term of the agreement.
4030     (10)(9)  Easements purchased pursuant to this act may not
4031prevent landowners from transferring the remaining fee value
4032with the easement.
4033     (11)(10)  The department, in consultation with the
4034Department of Environmental Protection, the water management
4035districts, the Department of Community Affairs, and the Florida
4036Fish and Wildlife Conservation Commission, shall adopt rules
4037that establish an application process, a process and criteria
4038for setting priorities for use of funds consistent with the
4039purposes specified in subsection (1) and giving preference to
4040ranch and timber lands managed using sustainable practices, an
4041appraisal process, and a process for title review and compliance
4042and approval of the rules by the Board of Trustees of the
4043Internal Improvement Trust Fund.
4044     (12)  Notwithstanding any other provision of law, the
4045department, on behalf of the Board of Trustees of the Internal
4046Improvement Trust Fund, is authorized to acquire fee simple
4047interest in working waterfront properties. Such acquisitions are
4048to prevent further loss of Florida's cultural history and the
4049marine industries supported by working waterfronts. For purposes
4050of chapters 253 and 259 and this chapter, "working waterfronts"
4051means a parcel or parcels of real property that support water-
4052dependent commercial activities, including commercial fishing,
4053or that provide public access to state waters.
4054     (a)  Working waterfront acquisitions by fee simple
4055acquisition may be completed by the department in whole or in
4056partnership with other entities.
4057     (b)  Working waterfront acquisitions shall be managed by
4058the department. The department is authorized to enter into
4059management agreements with other entities for the management of
4060the acquisitions.
4061     (13)(11)  If a landowner objects to having his or her
4062property included in any lists or maps developed to implement
4063this act, the department shall remove the property from any such
4064lists or maps upon receipt of the landowner's written request to
4065do so.
4066     (14)(12)  The department is authorized to use funds from
4067the following sources to implement this act:
4068     (a)  State funds;
4069     (b)  Federal funds;
4070     (c)  Other governmental entities;
4071     (d)  Nongovernmental organizations; or
4072     (e)  Private individuals.
4073
4074Any such funds provided shall be deposited into the Conservation
4075and Recreation Lands Program Trust Fund within the Department of
4076Agriculture and Consumer Services and used for the purposes of
4077this act.
4078     (15)(13)  No more than 10 percent of any funds made
4079available to implement this act shall be expended for resource
4080conservation agreements and agricultural protection agreements.
4081     Section 30.  All of the statutory powers, duties and
4082functions, records, personnel, property, and unexpended balances
4083of appropriations, allocations, or other funds for the
4084administration of sections 380.501 through 380.515, Florida
4085Statutes, relating to the Florida Communities Trust, shall be
4086transferred by a type two transfer, as defined in s. 20.06(2),
4087Florida Statutes, from the Department of Community Affairs to
4088the Department of Environmental Protection.
4089     Section 31.  The Legislature recognizes that there is a
4090need to conform the Florida Statutes to the organizational
4091changes in this act and that there may be a need to resolve
4092apparent conflicts with any other legislation that has been or
4093may be enacted during the 2008 Regular Session. Therefore, in
4094the interim between this act becoming a law and the 2009 Regular
4095Session of the Legislature or an earlier special session
4096addressing this issue, the Division of Statutory Revision shall
4097provide the relevant substantive committees of the Senate and
4098the House of Representatives with assistance, upon request, to
4099enable such committees to prepare draft legislation to conform
4100the Florida Statutes and any legislation enacted during 2008 to
4101the provisions of this act.
4102     Section 32.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.