1 | A bill to be entitled |
2 | An act relating to land acquisition and management; |
3 | amending s. 20.18, F.S.; providing for the appointment of |
4 | an executive director for the Florida Communities Trust |
5 | program; amending s. 20.255, F.S.; providing for |
6 | appointment of the director of the Division of State Lands |
7 | of the Department of Environmental Protection; amending s. |
8 | 201.15, F.S., relating to the distribution of excise taxes |
9 | on documents; extending the deadline for retiring the |
10 | bonds issued under the Florida Forever Act; amending s. |
11 | 215.618, F.S.; increasing the bonding authority for the |
12 | issuance of Florida Forever bonds for the acquisition of |
13 | conservation lands; directing the Legislature to complete |
14 | a debt analysis by a specified date prior to authorizing |
15 | the issuance of Florida Forever land acquisition bonds; |
16 | directing the Legislature to complete an analysis on |
17 | potential revenue sources for Florida Forever by a |
18 | specified date; amending s. 253.002, F.S.; designating the |
19 | Fish and Wildlife Conservation Commission and the |
20 | Department of Agriculture and Consumer Services as the |
21 | state's primary land managers; providing duties and |
22 | responsibilities; designating the Department of State and |
23 | the Department of Environmental Protection as the state's |
24 | specialty land managers; providing duties and |
25 | responsibilities; providing legislative intent; providing |
26 | procedures and requirements with respect to land |
27 | management evaluations and procurements; providing for a |
28 | report; amending s. 253.025, F.S., relating to acquisition |
29 | of state lands for purposes other than preservation, |
30 | conservation, and recreation; revising procedures and |
31 | requirements with respect to appraisals required prior to |
32 | acquisition; requiring the Board of Trustees of the |
33 | Internal Improvement Trust Fund to adopt rules relating to |
34 | selection of appraisers; deleting provisions that allow |
35 | appraisers to reject an appraisal report under certain |
36 | conditions; providing authority to the Board of Trustees |
37 | of the Internal Improvement Trust Fund to waive sales |
38 | history requirements under certain conditions; requiring |
39 | the board of trustees to adopt relevant rule; revising |
40 | provisions with respect to specified joint acquisitions; |
41 | amending s. 253.03, F.S.; removing obsolete provisions; |
42 | amending s. 253.0325, F.S.; requiring the Division of |
43 | State Lands, rather than the Department of Environmental |
44 | Protection, to initiate an ongoing computerized |
45 | information systems program to modernize its state lands |
46 | records and documents that relate to lands acquired under |
47 | the Florida Preservation 2000 Act or the Florida Forever |
48 | Act, and all lands to which title is vested in the Board |
49 | of Trustees of the Internal Improvement Trust Fund; |
50 | requiring all recipients of funds under the Florida |
51 | Preservation 2000 Act or the Florida Forever Act to |
52 | annually submit records for land acquired; requiring the |
53 | Division of State Lands to initiate and maintain an |
54 | information system that is the basis for land acquisition |
55 | and land management decisionmaking and modeling; providing |
56 | requirements with respect to the system; amending s. |
57 | 253.034, 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, |
60 | F.S.; defining "public access" for purposes of chapters |
61 | 253 and 259, F.S.; revising conditions under which a |
62 | manager of conservation lands is required to update a land |
63 | management plan; requiring that land management plans |
64 | provide short-term and long-term management goals; |
65 | specifying measurable objectives thereof; specifying |
66 | required elements of a land management plan; providing |
67 | procedures and requirements with respect to a land |
68 | management plan; providing for biennial monitoring of land |
69 | management activities on state lands with an approved land |
70 | management plan; providing procedures and requirements |
71 | with respect thereto; providing for modification and |
72 | approval of the plan by the Acquisition and Restoration |
73 | Council; providing for updating of land management plans; |
74 | requiring public hearings; providing for expiration of |
75 | provisions; revising requirements for determining which |
76 | state-owned lands may be surplus lands; requiring |
77 | additional appraisals under certain conditions; requiring |
78 | the Department of Agriculture and Consumer Services and |
79 | the Division of Forestry to contract with an organization |
80 | for the purpose of determining the value of carbon capture |
81 | and carbon sequestration with respect to state lands and |
82 | to conduct a specified inventory; requiring the Fish and |
83 | Wildlife Conservation Commission to submit an annual work |
84 | plan for the use of all state lands to protect, manage, or |
85 | restore habitat for native or imperiled species; amending |
86 | s. 253.036, F.S.; revising provisions with respect to |
87 | preparation of an analysis of multiple-use potential in a |
88 | land management plan; amending s. 253.111, F.S.; extending |
89 | the period within which a board of county commissioners |
90 | must provide a resolution to the Board of Trustees of the |
91 | Internal Improvement Trust Fund before state-owned lands |
92 | are otherwise sold; amending s. 253.82, F.S.; revising |
93 | requirements of the sale of nonsovereign lands owned by |
94 | the board of trustees; deleting appraisal limitations; |
95 | amending s. 259.032, F.S., relating to the Conservation |
96 | and Recreation Lands Trust Fund; revising purposes for |
97 | which moneys from the fund may be allocated in any one |
98 | year; revising purposes for which a specified percentage |
99 | of moneys in the fund may be allocated; authorizing the |
100 | lead land managing agency to contract with the Fish and |
101 | Wildlife Conservation Commission for lands which contain |
102 | imperiled species habitat; revising requirements with |
103 | respect to lands managed under ch. 259, F.S., and s. |
104 | 253.034, F.S.; providing for the designation of a primary |
105 | land manager for specified purposes; authorizing state |
106 | agencies designated to manage lands acquired under ch. |
107 | 259, F.S., to contract with the Department of Agriculture |
108 | and Consumer Services, the Department of Environmental |
109 | Protection, the Fish and Wildlife Conservation Commission, |
110 | local governments, private entities, and soil and water |
111 | conservation districts to assist in restoration and |
112 | management activities; revising provisions with respect to |
113 | individual management plans; eliminating a specified |
114 | percentage distribution of acquisition funds; revising |
115 | required components of individual land management plans; |
116 | revising lands that are eligible for a specified |
117 | percentage of funding from the Florida Preservation 2000 |
118 | Trust Fund and the Florida Forever Trust Fund; requiring a |
119 | report that provides an interim and long-term management |
120 | formula and associated methodologies which shall be used |
121 | to allocate land management; providing criteria for |
122 | methodology and formula for long-term management; |
123 | providing that, commencing on a specified date, no funds |
124 | shall be allocated, distributed, or expended until the |
125 | allocation formula for funding land management activities |
126 | has been adopted by the Legislature; providing for interim |
127 | allocation and disbursement; revising purposes for which a |
128 | specified percentage of funds are reserved; providing that |
129 | the Land Management Uniform Accounting Council shall set |
130 | long-range and annual goals for the control and removal of |
131 | nonnative, invasive plant species on public lands; |
132 | revising provisions with respect to payment in lieu of |
133 | taxes for property acquired by a tax-exempt entity for |
134 | ultimate conveyance to the state; removing obsolete |
135 | provisions; amending s. 259.0322, F. S.; revising |
136 | provisions with respect to reinstitution and continuation |
137 | of payments to a governmental entity by the Department of |
138 | Environmental Protection for tax losses; amending s. |
139 | 259.035, F.S.; revising provisions with respect to the |
140 | Acquisition and Restoration Council; revising membership |
141 | and membership criteria; directing the council to develop |
142 | rules which define specific criteria and numeric |
143 | performance measures for the acquisition of land; |
144 | providing procedure with respect to the adoption of such |
145 | rules; requiring specified reports; amending s. 259.036, |
146 | F.S.; revising provisions with respect to land management |
147 | review teams; revising membership criteria; amending s. |
148 | 259.037, F.S.; revising the categories used by the Land |
149 | Management Uniform Accounting Council to collect and |
150 | report the costs of land management activities; requiring |
151 | agencies to report additional information to the council; |
152 | requiring certain land management costs to be tied to the |
153 | land management plan by a specified date; requiring a |
154 | review and report; amending s. 259.04, F.S., relating to a |
155 | comprehensive, statewide 5-year plan to conserve, restore, |
156 | and protect environmentally endangered lands and |
157 | ecosystems, to conform; amending s. 259.041, F.S., |
158 | relating to the acquisition of state-owned lands for |
159 | preservation, conservation, and recreation purposes; |
160 | requiring review and approval of specified land |
161 | acquisitions by the Division of State Lands; limiting the |
162 | state contribution in specified joint acquisitions; |
163 | requiring legislative approval for acquisitions by the |
164 | state exceeding a certain amount; revising provisions with |
165 | respect to appraisals of land to be acquired and the |
166 | selection of appraisers; requiring that specific language |
167 | be included on option contracts; amending s. 259.07, F.S.; |
168 | revising requirements with respect to public meetings on |
169 | the proposed purchase of land; amending s. 259.105, F.S.; |
170 | relating to the Florida Forever Act; revising legislative |
171 | intent; directing the state's primary land managers to |
172 | develop creative partnerships between governmental |
173 | agencies and private landowners for specified purposes; |
174 | revising and providing additional purposes of the Florida |
175 | Forever Act; revising the distribution of cash and bond |
176 | proceeds under the act by the Department of Environmental |
177 | Protection; revising specified uses of such proceeds; |
178 | revising goals of funded projects and acquisitions; |
179 | revising criteria for the development of rules by the |
180 | Acquisition and Restoration Council to competitively |
181 | evaluate, select, and rank projects eligible for Florida |
182 | Forever funds and for additions to the Conservation and |
183 | Recreation Lands list; revising the transfer of specified |
184 | funds within an annual distribution to the South Florida |
185 | Water Management District; revising requirements with |
186 | respect to an interim management budget included within a |
187 | report prepared by the Acquisition and Restoration |
188 | Council; requiring the Division of State Lands to prepare |
189 | an annual work plan; providing priorities and |
190 | specifications of the work plan; providing categories of |
191 | expenditure to be considered by the work plan; providing |
192 | for adoption of the work plan by the Acquisition and |
193 | Restoration Council; revising provisions with respect to |
194 | the management of lands listed as projects for |
195 | acquisition, restoration, or management under the Florida |
196 | Forever program; providing for deposit of specified funds |
197 | in the Land Acquisition Trust Fund; amending s. 259.1051, |
198 | F.S.; increasing the required deposit of specified |
199 | proceeds from the sale of bonds into the Florida Forever |
200 | Trust Fund; amending s. 373.503, F.S.; providing that a |
201 | water management district's millage rate is subject to |
202 | annual authorization by the Legislature; requiring the |
203 | Legislature to annually review a district's millage rate; |
204 | requiring the Legislature to annually set the amount of |
205 | revenue authorized to be raised by a district from ad |
206 | valorem taxes; providing for the amount of authorized |
207 | revenue to be raised by a district if the Legislature does |
208 | not set the amount by a specified date; amending s. |
209 | 373.536, F.S.; revising the beginning and ending dates of |
210 | a water management district's fiscal year; revising the |
211 | date by which a district must submit a tentative budget to |
212 | the Governor and the Legislature; eliminating the |
213 | authorization for the Legislature to comment on such |
214 | budgets; eliminating the requirement for districts to |
215 | respond to such comments and to forward such responses to |
216 | the Governor and Legislature; revising the date by which |
217 | the Executive Office of the Governor must file a specified |
218 | report with the Legislature; directing districts to |
219 | implement conforming measures; amending s. 373.073, F.S.; |
220 | revising provisions relating to nomination of members for |
221 | appointment to the governing boards of water management |
222 | districts; providing dates of commencement and termination |
223 | of the terms of office of governing board members; |
224 | providing for recommendations of the nominating council to |
225 | be nonpartisan; providing procedures and requirements with |
226 | respect to filling a vacancy on a governing board other |
227 | than for expiration of a term; providing for the |
228 | Department of Law Enforcement to conduct a background |
229 | investigation of an applicant prior to appointment; |
230 | providing for each appointment to the governing board to |
231 | be subject to specified confirmation by the Senate; |
232 | providing for reinitiation of the nominating process under |
233 | specified circumstances; precluding service by an |
234 | appointee on the governing board of a water management |
235 | district without Senate confirmation; amending s. |
236 | 373.1391, F.S.; requiring the Department of Environmental |
237 | Protection to ensure that water management districts |
238 | provide consistent levels of public access to district |
239 | lands; amending s. 373.199, F.S.; revising project |
240 | information required to be included within Florida Forever |
241 | water management district work plans; amending s. 570.71, |
242 | F.S., relating to conservation easements and agreements; |
243 | authorizing the Department of Agriculture and Consumer |
244 | Services to allocate funds to enter into working |
245 | waterfront protection agreements for specified purposes; |
246 | authorizing the department to accept applications for |
247 | project proposals that fund working waterfront protection |
248 | agreements and that fund fee simple acquisitions in |
249 | working waterfronts; providing requirements with respect |
250 | to working waterfront protection agreements; authorizing |
251 | the department to acquire fee simple interest in working |
252 | waterfront properties on behalf of the Board of Trustees |
253 | of the Internal Improvement Trust Fund; defining "working |
254 | waterfronts"; providing that working waterfront |
255 | acquisitions by fee simple acquisition may be completed by |
256 | the department in whole or in partnership with other |
257 | entities; providing that working waterfront acquisitions |
258 | shall be managed by the department; authorizing the |
259 | department to enter into management agreements with other |
260 | entities for the management of such acquisitions; |
261 | providing for transfer of all statutory powers, duties and |
262 | functions, records, personnel, property, and unexpended |
263 | balances of appropriations, allocations, or other funds |
264 | for the administration of the Florida Communities Trust by |
265 | a type two transfer from the Department of Community |
266 | Affairs to the Department of Environmental Protection; |
267 | providing for conforming legislation; providing for |
268 | assistance to certain legislative substantive committees |
269 | by the Division of Statutory Revision of the Office of |
270 | Legislative Services for certain purposes; providing an |
271 | effective date. |
272 |
|
273 | Be It Enacted by the Legislature of the State of Florida: |
274 |
|
275 | Section 1. Subsection (7) is added to section 20.18, |
276 | Florida Statutes, to read: |
277 | 20.18 Department of Community Affairs.--There is created a |
278 | Department of Community Affairs. |
279 | (7) There is created within the Florida Communities Trust |
280 | an executive director who shall administratively serve the |
281 | Florida Communities Trust. The executive director shall have all |
282 | the powers and duties necessary to carry out the purposes |
283 | provided in ss. 380.504-380.515. The executive director is to be |
284 | appointed by the Governor and Cabinet sitting as the Board of |
285 | Trustees of the Internal Improvement Trust Fund from a |
286 | recommendation by the secretary of the Department of Community |
287 | Affairs, subject to confirmation by the Senate. The executive |
288 | director shall report directly to the Board of Trustees on all |
289 | matters and shall serve at the exclusive pleasure of the Board |
290 | of Trustees. |
291 | Section 2. Paragraph (h) of subsection (3) of section |
292 | 20.255, Florida Statutes, is amended to read: |
293 | 20.255 Department of Environmental Protection.--There is |
294 | created a Department of Environmental Protection. |
295 | (3) The following divisions of the Department of |
296 | Environmental Protection are established: |
297 | (h) Division of State Lands, the director of which is to |
298 | be appointed by the Governor and Cabinet sitting as the Board of |
299 | Trustees of the Internal Improvement Trust Fund from a |
300 | recommendation by the secretary of the department, subject to |
301 | confirmation by the Senate Governor and Cabinet sitting as the |
302 | Board of Trustees of the Internal Improvement Trust Fund. The |
303 | division director shall report directly to the Board of Trustees |
304 | on all matters and shall serve at the exclusive pleasure of the |
305 | Board of Trustees. The Florida Communities Trust program created |
306 | pursuant to ss. 380.501-380.515 shall be located |
307 | organizationally within the Division of State Lands. |
308 |
|
309 | In order to ensure statewide and intradepartmental consistency, |
310 | the department's divisions shall direct the district offices and |
311 | bureaus on matters of interpretation and applicability of the |
312 | department's rules and programs. |
313 | Section 3. Paragraph (a) of subsection (1) of section |
314 | 201.15, Florida Statutes, is amended to read: |
315 | 201.15 Distribution of taxes collected.--All taxes |
316 | collected under this chapter shall be distributed as follows and |
317 | shall be subject to the service charge imposed in s. 215.20(1), |
318 | except that such service charge shall not be levied against any |
319 | portion of taxes pledged to debt service on bonds to the extent |
320 | that the amount of the service charge is required to pay any |
321 | amounts relating to the bonds: |
322 | (1) Sixty-two and sixty-three hundredths percent of the |
323 | remaining taxes collected under this chapter shall be used for |
324 | the following purposes: |
325 | (a) Amounts as shall be necessary to pay the debt service |
326 | on, or fund debt service reserve funds, rebate obligations, or |
327 | other amounts payable with respect to Preservation 2000 bonds |
328 | issued pursuant to s. 375.051 and Florida Forever bonds issued |
329 | pursuant to s. 215.618, shall be paid into the State Treasury to |
330 | the credit of the Land Acquisition Trust Fund to be used for |
331 | such purposes. The amount transferred to the Land Acquisition |
332 | Trust Fund shall not exceed $300 million in fiscal year 1999- |
333 | 2000 and thereafter for Preservation 2000 bonds and bonds issued |
334 | to refund Preservation 2000 bonds, and $300 million in fiscal |
335 | year 2000-2001 and thereafter for Florida Forever bonds. The |
336 | annual amount transferred to the Land Acquisition Trust Fund for |
337 | Florida Forever bonds shall not exceed $30 million in the first |
338 | fiscal year in which bonds are issued. The limitation on the |
339 | amount transferred shall be increased by an additional $30 |
340 | million in each subsequent fiscal year, but shall not exceed a |
341 | total of $300 million in any fiscal year for all bonds issued. |
342 | It is the intent of the Legislature that all bonds issued to |
343 | fund the Florida Forever Act be retired by December 31, 2040 |
344 | 2030. Except for bonds issued to refund previously issued bonds, |
345 | no series of bonds may be issued pursuant to this paragraph |
346 | unless such bonds are approved and the debt service for the |
347 | remainder of the fiscal year in which the bonds are issued is |
348 | specifically appropriated in the General Appropriations Act. For |
349 | purposes of refunding Preservation 2000 bonds, amounts |
350 | designated within this section for Preservation 2000 and Florida |
351 | Forever bonds may be transferred between the two programs to the |
352 | extent provided for in the documents authorizing the issuance of |
353 | the bonds. The Preservation 2000 bonds and Florida Forever bonds |
354 | shall be equally and ratably secured by moneys distributable to |
355 | the Land Acquisition Trust Fund pursuant to this section, except |
356 | to the extent specifically provided otherwise by the documents |
357 | authorizing the issuance of the bonds. No moneys transferred to |
358 | the Land Acquisition Trust Fund pursuant to this paragraph, or |
359 | earnings thereon, shall be used or made available to pay debt |
360 | service on the Save Our Coast revenue bonds. |
361 | Section 4. Subsection (1) of section 215.618, Florida |
362 | Statutes, is amended to read: |
363 | 215.618 Bonds for acquisition and improvement of land, |
364 | water areas, and related property interests and resources.-- |
365 | (1)(a) The issuance of Florida Forever bonds, not to |
366 | exceed $5.3 $3 billion, to finance or refinance the cost of |
367 | acquisition and improvement of land, water areas, and related |
368 | property interests and resources, in urban and rural settings, |
369 | for the purposes of restoration, conservation, recreation, water |
370 | resource development, or historical preservation, and for |
371 | capital improvements to lands and water areas that accomplish |
372 | environmental restoration, enhance public access and |
373 | recreational enjoyment, promote long-term management goals, and |
374 | facilitate water resource development is hereby authorized, |
375 | subject to the provisions of s. 259.105 and pursuant to s. |
376 | 11(e), Art. VII of the State Constitution. Florida Forever bonds |
377 | may also be issued to refund Preservation 2000 bonds issued |
378 | pursuant to s. 375.051. The $5.3 $3 billion limitation on the |
379 | issuance of Florida Forever bonds does not apply to refunding |
380 | bonds. The duration of each series of Florida Forever bonds |
381 | issued may not exceed 20 annual maturities. Preservation 2000 |
382 | bonds and Florida Forever bonds shall be equally and ratably |
383 | secured by moneys distributable to the Land Acquisition Trust |
384 | Fund pursuant to s. 201.15(1)(a), except to the extent |
385 | specifically provided otherwise by the documents authorizing the |
386 | issuance of the bonds. |
387 | (b) Beginning July 1, 2010, the Legislature shall analyze |
388 | the state's debt ratio in relation to projected revenues prior |
389 | to the authorization to issue any bonds for Florida Forever land |
390 | acquisition. |
391 | (c) By February 1, 2010, the Legislature shall complete an |
392 | analysis of potential revenue sources for Florida Forever. |
393 | Section 5. Subsection (1) of section 253.002, Florida |
394 | Statutes, is amended to read: |
395 | 253.002 Department of Environmental Protection, water |
396 | management districts, Department of State, Fish and Wildlife |
397 | Conservation Commission, and Department of Agriculture and |
398 | Consumer Services; duties with respect to state lands.-- |
399 | (1) The Department of Environmental Protection shall |
400 | perform all staff duties and functions related to the |
401 | acquisition, administration, and disposition of state lands, |
402 | title to which is or will be vested in the Board of Trustees of |
403 | the Internal Improvement Trust Fund. The Fish and Wildlife |
404 | Conservation Commission and the Department of Agriculture and |
405 | Consumer Services are designated the state's primary land |
406 | managers. The duties and responsibilities of the state's primary |
407 | land managers include, but are not limited to, developing the |
408 | land management plans required pursuant to s. 253.034, |
409 | implementing the approved land management plans, and monitoring |
410 | the results of land management activities conducted pursuant s. |
411 | 253.034. The Department of State and the Department of |
412 | Environmental Protection are designated as the state's specialty |
413 | land managers. Specialty land managers manage sites that focus |
414 | on providing education, public access and recreation at sites |
415 | that include, but are not limited to, parks, gardens, aquatic |
416 | preserves, museums, and historical and cultural sites. The |
417 | duties and responsibilities of the state's specialty land |
418 | managers include, but are not limited to, developing the land |
419 | management plans required pursuant to s. 253.034, implementing |
420 | the approved land management plans, and monitoring the results |
421 | of land management activities conducted pursuant s. 253.034 |
422 | related to public access and recreation, and public-use |
423 | administration. It is the intent of the Legislature that the |
424 | agencies carry out these duties in a cost-effective manner by |
425 | exploring private-sector innovation, best land management |
426 | practices and, wherever cost-effective, partnering with private |
427 | entities to best accomplish these duties and responsibilities at |
428 | a cost savings to the taxpayers of Florida. Therefore, each |
429 | agency, in consultation with the Acquisition and Restoration |
430 | Council shall, no later than October 1, 2008, and biennially |
431 | thereafter, request information from private land managers, land |
432 | management consultation firms, and other interested parties |
433 | experienced in land management to evaluate whether private |
434 | contractors can accomplish these duties and responsibilities at |
435 | a lesser cost than those costs incurred by the agencies. Within |
436 | 2 months after issuing this request, the agencies shall compile, |
437 | review and evaluate this information and may, either |
438 | individually or collectively, begin procurements consistent with |
439 | chapter 287 to contract with private land managers, land |
440 | management consulting firms, and other interested parties |
441 | experienced in land management to accomplish some or all of |
442 | these duties and responsibilities when cost-effective. When the |
443 | agencies choose not to procure or contract with a private |
444 | entity, the agencies shall provide an evaluation demonstrating |
445 | the savings to be attained by performing such services with |
446 | existing resources. The evaluation shall be provided to the |
447 | Acquisition and Restoration Council, the Executive Office of the |
448 | Governor, the Speaker of the House Representatives, and the |
449 | President of the Senate. The agencies' evaluation shall include |
450 | an identification of all personnel assigned, all administrative |
451 | overhead, and all costs to carry out the duties and |
452 | responsibilities listed in this section related to land |
453 | management. However, upon the effective date of rules adopted |
454 | pursuant to s. 373.427, a water management district created |
455 | under s. 373.069 shall perform the staff duties and functions |
456 | related to the review of any application for authorization to |
457 | use board of trustees-owned submerged lands necessary for an |
458 | activity regulated under part IV of chapter 373 for which the |
459 | water management district has permitting responsibility as set |
460 | forth in an operating agreement adopted pursuant to s. |
461 | 373.046(4); and the Department of Agriculture and Consumer |
462 | Services shall perform the staff duties and functions related to |
463 | the review of applications and compliance with conditions for |
464 | use of board of trustees-owned submerged lands under |
465 | authorizations or leases issued pursuant to ss. 253.67-253.75 |
466 | and 597.010. Unless expressly prohibited by law, the board of |
467 | trustees may delegate to the department any statutory duty or |
468 | obligation relating to the acquisition, administration, or |
469 | disposition of lands, title to which is or will be vested in the |
470 | board of trustees. The board of trustees may also delegate to |
471 | any water management district created under s. 373.069 the |
472 | authority to take final agency action, without any action on |
473 | behalf of the board, on applications for authorization to use |
474 | board of trustees-owned submerged lands for any activity |
475 | regulated under part IV of chapter 373 for which the water |
476 | management district has permitting responsibility as set forth |
477 | in an operating agreement adopted pursuant to s. 373.046(4). |
478 | This water management district responsibility under this |
479 | subsection shall be subject to the department's general |
480 | supervisory authority pursuant to s. 373.026(7). The board of |
481 | trustees may also delegate to the Department of Agriculture and |
482 | Consumer Services the authority to take final agency action on |
483 | behalf of the board on applications to use board of trustees- |
484 | owned submerged lands for any activity for which that department |
485 | has responsibility pursuant to ss. 253.67-253.75 and 597.010. |
486 | However, the board of trustees shall retain the authority to |
487 | take final agency action on establishing any areas for leasing, |
488 | new leases, expanding existing lease areas, or changing the type |
489 | of lease activity in existing leases. Upon issuance of an |
490 | aquaculture lease or other real property transaction relating to |
491 | aquaculture, the Department of Agriculture and Consumer Services |
492 | must send a copy of the document and the accompanying survey to |
493 | the Department of Environmental Protection. |
494 | Section 6. Subsections (6) and (7) of section 253.025, |
495 | Florida Statutes, are amended to read: |
496 | 253.025 Acquisition of state lands for purposes other than |
497 | preservation, conservation, and recreation.-- |
498 | (6) Prior to negotiations with the parcel owner to |
499 | purchase land pursuant to this section, title to which will vest |
500 | in the board of trustees, an appraisal of the parcel shall be |
501 | required as follows: |
502 | (a) Each parcel to be acquired shall have at least one |
503 | appraisal. Two appraisals are required when the estimated value |
504 | of the parcel exceeds $500,000 $1 million. When two appraisals |
505 | are required, one appraiser shall be selected by the Department |
506 | of Agriculture and Consumer Services. When both appraisals |
507 | exceed $500,000 and differ significantly, a third appraisal |
508 | shall be obtained, with the Department of Financial Services |
509 | selecting the third appraiser. Two appraisals shall be |
510 | considered to differ significantly if the higher of the two |
511 | values exceeds 120 percent of the lower value. When the |
512 | estimated value of a parcel exceeds $500,000, the review |
513 | appraiser shall be selected by the Department of Financial |
514 | Services. An agency shall select appraisers from the list of |
515 | approved appraisers maintained by the Division of State Lands in |
516 | accordance with paragraph (b). To provide for payment by the |
517 | agency selecting the second and third appraiser and review |
518 | appraiser, as required by this section, the Department of |
519 | Environmental Protection shall enter into interagency agreements |
520 | with the Department of Agriculture and Consumer Services and the |
521 | Department of Financial Services, whereby funds will be |
522 | transferred to those agencies for that purpose upon direction of |
523 | the selecting agency. When a parcel is estimated to be worth |
524 | $100,000 or less and the director of the Division of State Lands |
525 | finds that the cost of an outside appraisal is not justified, an |
526 | appraisal prepared by the division may be used a comparable |
527 | sales analysis or other reasonably prudent procedures may be |
528 | used by the division to estimate the value of the parcel, |
529 | provided the public's interest is reasonably protected. The |
530 | state is not required to appraise the value of lands and |
531 | appurtenances that are being donated to the state. |
532 | (b) Appraisal fees shall be paid by the agency proposing |
533 | the acquisition. The board of trustees shall approve qualified |
534 | fee appraisal organizations. All appraisals used for the |
535 | acquisition of lands pursuant to this section shall be prepared |
536 | by a member of an approved appraisal organization or by a state- |
537 | certified appraiser. The board of trustees Division of State |
538 | Lands shall adopt rules for selecting individuals to perform |
539 | appraisals pursuant to this section. Each fee appraiser selected |
540 | to appraise a particular parcel shall, prior to contracting with |
541 | the agency, submit to that agency an affidavit substantiating |
542 | that he or she has no vested or fiduciary interest in such |
543 | parcel. |
544 | (c) The board of trustees shall adopt by rule the minimum |
545 | criteria, techniques, and methods to be used in the preparation |
546 | of appraisal reports. Such rules shall incorporate, to the |
547 | extent practicable, generally accepted appraisal standards. Any |
548 | appraisal issued for acquisition of lands pursuant to this |
549 | section must comply with the rules adopted by the board of |
550 | trustees. A certified survey must be made which meets the |
551 | minimum requirements for upland parcels established in the |
552 | Minimum Technical Standards for Land Surveying in Florida |
553 | published by the Department of Business and Professional |
554 | Regulation and which accurately portrays, to the greatest extent |
555 | practicable, the condition of the parcel as it currently exists. |
556 | The requirement for a certified survey may, in part or in whole, |
557 | be waived by the board of trustees any time prior to submitting |
558 | the agreement for purchase to the Division of State Lands. When |
559 | an existing boundary map and description of a parcel are |
560 | determined by the division to be sufficient for appraisal |
561 | purposes, the division director may temporarily waive the |
562 | requirement for a survey until any time prior to conveyance of |
563 | title to the parcel. The fee appraiser and the review appraiser |
564 | for the agency shall not act in any way that may be construed as |
565 | negotiating with the property owner. |
566 | (d) Appraisal reports are confidential and exempt from the |
567 | provisions of s. 119.07(1), for use by the agency and the board |
568 | of trustees, until an option contract is executed or, if no |
569 | option contract is executed, until 2 weeks before a contract or |
570 | agreement for purchase is considered for approval by the board |
571 | of trustees. However, the Division of State Lands may disclose |
572 | appraisal information to public agencies or nonprofit |
573 | organizations that agree to maintain the confidentiality of the |
574 | reports or information when joint acquisition of property is |
575 | contemplated, or when a public agency or nonprofit organization |
576 | enters into a written agreement with the division to purchase |
577 | and hold property for subsequent resale to the division. In |
578 | addition, the division may use, as its own, appraisals obtained |
579 | by a public agency or nonprofit organization, provided the |
580 | appraiser is selected from the division's list of appraisers and |
581 | the appraisal is reviewed and approved by the division. For the |
582 | purposes of this paragraph, "nonprofit organization" means an |
583 | organization whose purpose is the preservation of natural |
584 | resources, and which is exempt from federal income tax under s. |
585 | 501(c)(3) of the Internal Revenue Code. The agency may release |
586 | an appraisal report when the passage of time has rendered the |
587 | conclusions of value in the report invalid. |
588 | (e) Prior to acceptance of an appraisal, the agency shall |
589 | submit a copy of such report to the Division of State Lands. The |
590 | division shall review such report for compliance with the rules |
591 | of the board of trustees. With respect to proposed purchases in |
592 | excess of $250,000, this review shall include a general field |
593 | inspection of the subject property by the review appraiser. The |
594 | review appraiser may reject an appraisal report following a desk |
595 | review, but is prohibited from approving an appraisal report in |
596 | excess of $250,000 without a field review. Any questions of |
597 | applicability of laws affecting an appraisal shall be addressed |
598 | by the legal office of the agency. |
599 | (f) The appraisal report shall be accompanied by the sales |
600 | history of the parcel for at least the prior 5 years. Such sales |
601 | history shall include all parties and considerations with the |
602 | amount of consideration verified, if possible. If a sales |
603 | history would not be useful, or its cost prohibitive compared to |
604 | the value of a parcel, the sales history may be waived by the |
605 | board of trustees Secretary of Environmental Protection or the |
606 | director of the Division of State Lands. The board of trustees |
607 | department shall adopt a rule specifying guidelines for waiver |
608 | of a sales history. |
609 | (g) The board of trustees may consider an appraisal |
610 | acquired by a seller, or any part thereof, in negotiating to |
611 | purchase a parcel, but such appraisal may not be used in lieu of |
612 | an appraisal required by this subsection or to determine the |
613 | maximum offer allowed by law. |
614 | (7)(a) When the owner is represented by an agent or |
615 | broker, negotiations may not be initiated or continued until a |
616 | written statement verifying such agent's or broker's legal or |
617 | fiduciary relationship with the owner is on file with the |
618 | agency. |
619 | (b) The board of trustees or any state agency may contract |
620 | for real estate acquisition services, including, but not limited |
621 | to, contracts for real estate commission fees. |
622 | (c) Upon the initiation of negotiations, the state agency |
623 | shall inform the owner in writing that all agreements for |
624 | purchase are subject to approval by the board of trustees. |
625 | (d) All offers or counteroffers shall be documented in |
626 | writing and shall be confidential and exempt from the provisions |
627 | of s. 119.07(1) until an option contract is executed, or if no |
628 | option contract is executed, until 2 weeks before a contract or |
629 | agreement for purchase is considered for approval by the board |
630 | of trustees. The agency shall maintain complete and accurate |
631 | records of all offers and counteroffers for all projects. |
632 | (e)1. The board of trustees shall adopt by rule the method |
633 | for determining the value of parcels sought to be acquired by |
634 | state agencies pursuant to this section. No offer by a state |
635 | agency, except an offer by an agency acquiring lands pursuant to |
636 | s. 259.041, may exceed the value for that parcel as determined |
637 | pursuant to the highest approved appraisal or the value |
638 | determined pursuant to the rules of the board of trustees, |
639 | whichever value is less. |
640 | 2. In the case of a joint acquisition by a state agency |
641 | and a local government or other entity apart from the state, the |
642 | joint purchase price may not exceed 150 percent of the value for |
643 | a parcel as determined in accordance with the limits prescribed |
644 | in subparagraph 1. The state agency share of a joint purchase |
645 | offer shall may not exceed the difference between the appraised |
646 | value, as determined by the state, and the sum of the |
647 | contributions of the other parties what the agency may offer |
648 | singly as prescribed by subparagraph 1. |
649 | 3. The provisions of this paragraph do not apply to the |
650 | acquisition of historically unique or significant property as |
651 | determined by the Division of Historical Resources of the |
652 | Department of State. |
653 | (f) When making an offer to a landowner, a state agency |
654 | shall consider the desirability of a single cash payment in |
655 | relation to the maximum offer allowed by law. |
656 | (g) The state shall have the authority to reimburse the |
657 | owner for the cost of the survey when deemed appropriate. The |
658 | reimbursement shall not be considered a part of the purchase |
659 | price. |
660 | (h) A final offer shall be in the form of an option |
661 | contract or agreement for purchase and shall be signed and |
662 | attested to by the owner and the representative of the agency. |
663 | Before the agency executes the option contract or agreement for |
664 | purchase, the contract or agreement shall be reviewed for form |
665 | and legality by legal staff of the agency. Before the agency |
666 | signs the agreement for purchase or exercises the option |
667 | contract, the provisions of s. 286.23 shall be complied with. |
668 | Within 10 days after the signing of the agreement for purchase, |
669 | the state agency shall furnish the Division of State Lands with |
670 | the original of the agreement for purchase along with copies of |
671 | the disclosure notice, evidence of marketability, the accepted |
672 | appraisal report, the fee appraiser's affidavit, a statement |
673 | that the inventory of existing state-owned lands was examined |
674 | and contained no available suitable land in the area, and a |
675 | statement outlining the public purpose for which the acquisition |
676 | is being made and the statutory authority therefor. |
677 | (i) Within 45 days of receipt by the Division of State |
678 | Lands of the agreement for purchase and the required |
679 | documentation, the board of trustees or, when the purchase price |
680 | does not exceed $100,000, its designee shall either reject or |
681 | approve the agreement. An approved agreement for purchase is |
682 | binding on both parties. Any agreement which has been |
683 | disapproved shall be returned to the agency, along with a |
684 | statement as to the deficiencies of the agreement or the |
685 | supporting documentation. An agreement for purchase which has |
686 | been disapproved by the board of trustees may be resubmitted |
687 | when such deficiencies have been corrected. |
688 | Section 7. Subsection (17) of section 253.03, Florida |
689 | Statutes, is amended to read: |
690 | 253.03 Board of trustees to administer state lands; lands |
691 | enumerated.-- |
692 | (17) Notwithstanding subsections (1)-(16), for the 2007- |
693 | 2008 fiscal year only, and upon approval of the Board of |
694 | Trustees of the Internal Improvement Trust Fund if necessary, |
695 | the Division of State Lands of the Department of Environmental |
696 | Protection shall lease the existing South Florida Evaluation and |
697 | Treatment Center complex in Miami-Dade County, currently under |
698 | lease to the Department of Children and Family Services, to |
699 | Miami-Dade County for the amount of $1 per year for 99 years to |
700 | be used by the county for its expanded jail diversion program. |
701 | The lease of the property shall take place in the 2007-2008 |
702 | fiscal year, and Miami-Dade County shall sublease the facility |
703 | to the existing lessee for $1 per year until the new South |
704 | Florida Evaluation and Treatment Center is completed on or about |
705 | April 2008. This subsection expires July 1, 2008. |
706 | Section 8. Section 253.0325, Florida Statutes, is amended |
707 | to read: |
708 | 253.0325 Modernization of state lands records.-- |
709 | (1) The Division of State Lands Department of |
710 | Environmental Protection shall initiate an ongoing computerized |
711 | information systems program to modernize its state lands records |
712 | and documents that relate to all lands that have been acquired |
713 | under the Florida Preservation 2000 Act pursuant to s. 259.101 |
714 | or the Florida Forever Act pursuant to s. 259.105, and all lands |
715 | to which title is vested in the Board of Trustees of the |
716 | Internal Improvement Trust Fund. All recipients of funds |
717 | pursuant to s. 259.101 or s. 259.105 shall annually submit their |
718 | records for land acquired to facilitate the compilation of state |
719 | lands inventory. The program shall include, at a minimum: |
720 | (a) A document management component to automate the |
721 | storage and retrieval of information contained in state lands |
722 | records. |
723 | (b) A land records management component to organize the |
724 | records by key elements present in the data. |
725 | (c) An evaluation component which includes the collection |
726 | of resource and environmental data. |
727 | (d) A mapping component to generate and store maps of |
728 | state-owned parcels using data from the land records management |
729 | and evaluation components. |
730 | (e) The bond covenants related to each tract purchased |
731 | pursuant to s. 259.101 or s. 259.105 and the expiration of such |
732 | bond covenants. |
733 | (2) The Division of State Lands shall initiate and |
734 | maintain an information system that is the basis for land |
735 | acquisition and land management decisionmaking and modeling. The |
736 | information system shall be based on a uniform set of data. The |
737 | Department of Agriculture and Consumer Services and the Fish and |
738 | Wildlife Conservation Commission shall assist in the development |
739 | and standardization of the information system. The information |
740 | system shall be capable of mapping capital improvements, |
741 | ecosystem, and current and planned land uses. The information |
742 | system shall be utilized to map all current lands managed for |
743 | conservation purposes, infrastructure, and future land |
744 | acquisitions, both fee acquisitions and less-than-fee |
745 | acquisitions. Additionally, the information system shall be |
746 | utilized to demonstrate a comprehensive plan that protects, |
747 | restores and manages the integrity and function of ecological |
748 | systems, including waterways, springs and aquifers while |
749 | maintaining working landscapes, including agriculture, and |
750 | providing recreation space for urban and rural areas, including |
751 | water access for the public. The existence and use of such an |
752 | information system does not preclude the use of empirical data |
753 | and other observational records including, but not limited to, |
754 | cultural and historical records. The information system shall, |
755 | at a minimum, map in an electronic format the natural |
756 | communities on each tract of state land and each proposed land |
757 | acquisition. "Natural community" is defined as a distinct and |
758 | recurring assemblage of populations of plants, animals, fungi |
759 | and microorganisms naturally associated with each other and |
760 | their physical environment. Each natural community shall be |
761 | partitioned into natural community categories. Each natural |
762 | community category shall be partitioned into natural community |
763 | groups, and each natural community group shall be partitioned |
764 | into natural community types. The Division of State Lands may |
765 | utilize a third party to develop or assist in developing, |
766 | manage, or maintain the information system and its data. The |
767 | information system and its data are to be the property of the |
768 | state. The Division of State Lands shall review the form and |
769 | content of the data utilized by the information system. |
770 | (3)(2) At all stages of its records modernization program, |
771 | the department shall seek to ensure information systems |
772 | compatibility within the department and with other state, local, |
773 | and regional governmental agencies. The department also shall |
774 | seek to promote standardization in the collection of information |
775 | regarding state-owned lands by federal, state, regional, and |
776 | local agencies. |
777 | (4)(3) The information collected and stored as a result of |
778 | the department's modernization of state lands records shall not |
779 | be considered a final or complete accounting of lands which the |
780 | state owns or to which the state may claim ownership. |
781 | Section 9. Section 253.034, Florida Statutes, is amended |
782 | to read: |
783 | 253.034 State-owned lands; uses.-- |
784 | (1) All lands acquired pursuant to chapter 259 shall be |
785 | managed to serve the public interest by protecting and |
786 | conserving land, air, water, and the state's natural resources, |
787 | which contribute to the public health, welfare, and economy of |
788 | the state. These lands shall be managed to provide for areas of |
789 | natural resource based recreation, and to ensure the survival of |
790 | plant and animal species and the conservation of finite and |
791 | renewable natural resources. The state's lands and natural |
792 | resources shall be managed using a stewardship ethic that |
793 | assures these resources will be available for the benefit and |
794 | enjoyment of all people of the state, both present and future. |
795 | It is the intent of the Legislature that, where feasible and |
796 | consistent with the goals of protection and conservation of |
797 | natural resources associated with lands held in the public trust |
798 | by the Board of Trustees of the Internal Improvement Trust Fund, |
799 | public land not designated for single-use purposes pursuant to |
800 | paragraph (2)(b) be managed for multiple-use purposes. All |
801 | multiple-use land management strategies shall address public |
802 | access and enjoyment, resource conservation and protection, |
803 | ecosystem maintenance and protection, and protection of |
804 | threatened and endangered species, and the degree to which |
805 | public-private partnerships or endowments may allow the entity |
806 | with management responsibility to enhance its ability to manage |
807 | these lands. The council created in s. 259.035 shall recommend |
808 | rules to the board of trustees, and the board shall adopt rules |
809 | necessary to carry out the purposes of this section. |
810 | (2) As used in this section, the following phrases have |
811 | the following meanings: |
812 | (a) "Multiple use" means the harmonious and coordinated |
813 | management of public access, timber, recreation, conservation of |
814 | fish and wildlife, forage, archaeological and historic sites, |
815 | habitat and other biological resources, or water resources, |
816 | including alternative water supplies and water resource |
817 | development as defined in s. 373.019, so that they are utilized |
818 | in the combination that will best serve the people of the state, |
819 | making the most judicious use of the land for some or all of |
820 | these resources and giving consideration to the relative values |
821 | of the various resources. Where necessary and appropriate for |
822 | all state-owned lands that are larger than 1,000 acres in |
823 | project size and are managed for multiple uses, buffers may be |
824 | formed around any areas that require special protection or have |
825 | special management needs. Such buffers shall not exceed more |
826 | than one-half of the total acreage. Multiple uses within a |
827 | buffer area may be restricted to provide the necessary buffering |
828 | effect desired. Multiple use in this context includes both uses |
829 | of land or resources by more than one management entity, which |
830 | may include private sector land managers. In any case, lands |
831 | identified as multiple-use lands in the land management plan |
832 | shall be managed to enhance public access and conserve the lands |
833 | and resources for the enjoyment of the people of the state. |
834 | (b) "Single use" means management for one particular |
835 | purpose to the exclusion of all other purposes, except that the |
836 | using entity shall have the option of including in its |
837 | management program compatible secondary purposes which will not |
838 | detract from or interfere with the primary management purpose. |
839 | Such single uses may include, but are not necessarily restricted |
840 | to, the use of agricultural lands for production of food and |
841 | livestock, the use of improved sites and grounds for |
842 | institutional purposes, and the use of lands for parks, |
843 | preserves, wildlife management, archaeological or historic |
844 | sites, or wilderness areas where the maintenance of essentially |
845 | natural conditions is important. All submerged lands shall be |
846 | considered single-use lands and shall be managed primarily for |
847 | the maintenance of essentially natural conditions, the |
848 | propagation of fish and wildlife, and public recreation, |
849 | including hunting and fishing where deemed appropriate by the |
850 | managing entity, except where the public's access to state |
851 | waters is enhanced. |
852 | (c) "Conservation lands" means lands that are currently |
853 | managed for conservation, outdoor resource-based recreation, or |
854 | archaeological or historic preservation, except those lands that |
855 | were acquired solely to facilitate the acquisition of other |
856 | conservation lands. Lands acquired for uses other than |
857 | conservation, outdoor resource-based recreation, or |
858 | archaeological or historic preservation shall not be designated |
859 | conservation lands except as otherwise authorized under this |
860 | section. These lands shall include, but not be limited to, the |
861 | following: correction and detention facilities, military |
862 | installations and facilities, state office buildings, |
863 | maintenance yards, state university or state community college |
864 | campuses, agricultural field stations or offices, tower sites, |
865 | law enforcement and license facilities, laboratories, hospitals, |
866 | clinics, and other sites that possess no significant natural or |
867 | historical resources. However, lands acquired solely to |
868 | facilitate the acquisition of other conservation lands shall, |
869 | and for which the land management plan has not yet been |
870 | completed or updated, may be evaluated by the Board of Trustees |
871 | of the Internal Improvement Trust Fund on a case-by-case basis |
872 | to determine if they will be designated conservation lands. |
873 | However, lands acquired solely to facilitate the acquisition of |
874 | other conservation lands shall be deemed conservation lands and |
875 | included in land management plans, if doing so provides an |
876 | increase in public access and recreation opportunities or |
877 | creates a more efficient land management plan. |
878 | (d) "Imperiled species," as used in this chapter and |
879 | chapter 259, shall mean plants and animals that are federally |
880 | listed under the Endangered Species Act or state-listed by |
881 | either the Fish and Wildlife Conservation Commission or the |
882 | Department of Agriculture and Consumer Services. |
883 | (e) "Public access," as used in this chapter and chapter |
884 | 259, shall mean access by the general public to state lands and |
885 | waters, including vessel access made possible by boat ramps, |
886 | docks, associated parking, and appropriate amenities approved by |
887 | the board of trustees excluding marinas, fuel dispensing and |
888 | storage. The exclusions do not apply to existing facilities on |
889 | state lands, facilities existing at the time of acquisition by |
890 | the state and working waterfronts acquisitions purchased |
891 | pursuant to s. 570.71. |
892 | |
893 | Lands acquired by the state as a gift, through donation, or by |
894 | any other conveyance for which no consideration was paid, and |
895 | which are not managed for conservation, outdoor resource-based |
896 | recreation, or archaeological or historic preservation under a |
897 | land management plan approved by the board of trustees are not |
898 | conservation lands. |
899 | (3) In recognition that recreational trails purchased with |
900 | rails-to-trails funds pursuant to s. 259.101(3)(g) or s. |
901 | 259.105(3)(h) have had historic transportation uses and that |
902 | their linear character may extend many miles, the Legislature |
903 | intends that when the necessity arises to serve public needs, |
904 | after balancing the need to protect trail users from collisions |
905 | with automobiles and a preference for the use of overpasses and |
906 | underpasses to the greatest extent feasible and practical, |
907 | transportation uses shall be allowed to cross recreational |
908 | trails purchased pursuant to s. 259.101(3)(g) or s. |
909 | 259.105(3)(h). When these crossings are needed, the location and |
910 | design should consider and mitigate the impact on humans and |
911 | environmental resources, and the value of the land shall be paid |
912 | based on fair market value. |
913 | (4) No management agreement, lease, or other instrument |
914 | authorizing the use of lands owned by the Board of Trustees of |
915 | the Internal Improvement Trust Fund shall be executed for a |
916 | period greater than is necessary to provide for the reasonable |
917 | use of the land for the existing or planned life cycle or |
918 | amortization of the improvements, except that an easement in |
919 | perpetuity may be granted by the Board of Trustees of the |
920 | Internal Improvement Trust Fund if the improvement is a |
921 | transportation facility. An entity managing or leasing state- |
922 | owned lands from the board may not sublease such lands without |
923 | prior review by the division and, for conservation lands, by the |
924 | Acquisition and Restoration Council created in s. 259.035. All |
925 | management agreements, leases, or other instruments authorizing |
926 | the use of lands owned by the board shall be reviewed for |
927 | approval by the board or its designee. The council is not |
928 | required to review subleases of parcels which are less than 160 |
929 | acres in size. |
930 | (5) Each manager of conservation lands shall submit to the |
931 | Division of State Lands a land management plan at least every 10 |
932 | years in a form and manner prescribed by rule by the board and |
933 | in accordance with the provisions of s. 259.032. Each manager of |
934 | conservation lands shall also update a land management plan |
935 | whenever the manager proposes to add new facilities or make |
936 | substantive land use or management changes that were not |
937 | addressed in the approved plan, or within 1 year of the addition |
938 | of significant new lands. Each manager of nonconservation lands |
939 | shall submit to the Division of State Lands a land use plan at |
940 | least every 10 years in a form and manner prescribed by rule by |
941 | the board. The division shall review each plan for compliance |
942 | with the requirements of this subsection and the requirements of |
943 | the rules established by the board pursuant to this section. All |
944 | land use plans, whether for single-use or multiple-use |
945 | properties, shall include an analysis of the property to |
946 | determine if any significant natural or cultural resources are |
947 | located on the property. Such resources include archaeological |
948 | and historic sites, state and federally listed plant and animal |
949 | species, and imperiled natural communities and unique natural |
950 | features. If such resources occur on the property, the manager |
951 | shall consult with the Division of State Lands and other |
952 | appropriate agencies to develop management strategies to protect |
953 | such resources. Land use plans shall also provide for the |
954 | control of invasive nonnative plants and conservation of soil |
955 | and water resources, including a description of how the manager |
956 | plans to control and prevent soil erosion and soil or water |
957 | contamination. Land use plans submitted by a manager shall |
958 | include reference to appropriate statutory authority for such |
959 | use or uses and shall conform to the appropriate policies and |
960 | guidelines of the state land management plan. Plans for managed |
961 | areas larger than 1,000 acres shall contain an analysis of the |
962 | multiple-use potential of the property, which analysis shall |
963 | include the potential of the property to generate revenues to |
964 | enhance the management of the property. Additionally, the plan |
965 | shall contain an analysis of the potential use of private land |
966 | managers to facilitate the restoration or management of these |
967 | lands. In those cases where a newly acquired property has a |
968 | valid conservation plan that was developed by a soil and |
969 | conservation district, such plan shall be used to guide |
970 | management of the property until a formal land use plan is |
971 | completed. |
972 | (a) All state lands shall be managed to ensure the |
973 | conservation of the state's plant and animal species and to |
974 | ensure the accessibility of state lands for the benefit and |
975 | enjoyment of all people of the state, both present and future. |
976 | Each land management plan shall provide a desired future |
977 | condition of the property, and shall describe both short-term |
978 | and long-term management goals and include measurable objectives |
979 | to achieve each goal. Short-term goals shall be achievable |
980 | within a 2-year planning period and long-term goals shall be |
981 | achievable within a 10-year planning period. These short-term |
982 | and long-term management goals shall be the basis for all |
983 | subsequent land management activities and are intended to be |
984 | financially sustainable in achieving the desired future |
985 | condition. |
986 | (b) Short-term and long-term management goals shall |
987 | include measureable objectives for the following: |
988 | 1. Natural communities habitat maintenance, restoration, |
989 | and improvement. |
990 | 2. Wildlife habitat maintenance, restoration, and |
991 | improvement. |
992 | 3. Advancement of imperiled species, both plant and |
993 | animal. |
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 |
1001 | the following elements: |
1002 | 1. Physical description of the land. |
1003 | 2. A quantitative data description of the land that |
1004 | includes 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 |
1010 | recreational facilities; and |
1011 | f. Other significant land features. |
1012 | |
1013 | The inventory under subparagraph 2. shall reflect the number of |
1014 | acres for each resource and feature, when appropriate. The |
1015 | inventory shall be included in the information system |
1016 | established pursuant to s. 253.0325(2). The inventory shall be |
1017 | of such detail that objective measures and benchmarks can be |
1018 | established for each tract of land and monitored during the |
1019 | lifetime of the plan. All quantitative data collected shall be |
1020 | aggregated, standardized, collected and presented in an |
1021 | electronic format to allow for uniform management reporting and |
1022 | analysis. The information collected by the Department of |
1023 | Environmental Protection pursuant to s. 253.0325(2) shall be |
1024 | available to the land manager and the land manager's assignee. |
1025 | 3. A detailed description of each short-term and long-term |
1026 | land management goal, the associated measureable objectives, and |
1027 | the related activities that are to be performed to meet the land |
1028 | management objectives. Where habitat or potential habitat for |
1029 | imperiled species is located on state lands, the short-term and |
1030 | long-term management goals shall advance the goals and |
1031 | objectives of the Fish and Wildlife Conservation Commission |
1032 | management plan approved under commission rule. Each land |
1033 | management objective must be addressed by the land management |
1034 | plan. No land management objective shall be performed to the |
1035 | detriment of the other land management objectives or contrary to |
1036 | the goals and objectives of the Fish and Wildlife Conservation |
1037 | Commission management plan approved under commission rule. Every |
1038 | land management objective must lead to the desired future |
1039 | condition of the property. |
1040 | 4. A schedule of land management activities shall be |
1041 | prepared that contains short-term and long-term land management |
1042 | goals and the related measureable objectives and activities. The |
1043 | schedule shall include for each activity a timeline for |
1044 | completion and detailed cost estimates, including expense and |
1045 | personnel budgets. The schedule is to provide a management tool |
1046 | that facilitates development of performance measures. |
1047 | 5. A summary budget for the scheduled land management |
1048 | activities of the land management plan. For state lands |
1049 | containing or anticipated to contain imperiled species habitat, |
1050 | the summary budget shall include the expected revenues from fees |
1051 | collected for adverse impact to imperiled species from public or |
1052 | private projects. The summary budget shall be prepared in such a |
1053 | manner that it facilitates computing an aggregate accounting of |
1054 | land management costs for all state-managed lands utilizing the |
1055 | categories described in s. 259.037(3). |
1056 | (d) Upon completion, the land management plan will be |
1057 | transmitted to the Acquisition and Restoration Council for |
1058 | review. The Acquisition and Restoration Council shall have 60 |
1059 | days to review the plan and submit its recommendations to the |
1060 | board of trustees. During the review period, the land management |
1061 | plan may be revised if agreed to by the primary land manager and |
1062 | the Acquisition and Restoration Council taking into |
1063 | consideration public input. If the Acquisition and Restoration |
1064 | Council fails to make a recommendation for a land management |
1065 | plan, the Secretary of the Department of Environmental |
1066 | Protection, Commissioner of Agriculture, or the Executive |
1067 | Director of the Fish and Wildlife Conservation Commission or |
1068 | their designees shall submit the land management plan to the |
1069 | board of trustees. The land management plan becomes operational |
1070 | upon approval by the board of trustees. |
1071 | (e) Beginning July 1, 2010, and biennially thereafter, |
1072 | state lands with an approved land management plan must be |
1073 | monitored for land management activities by a monitoring team |
1074 | and reviewed by a third party selected by Acquisition and |
1075 | Restoration Council. The Division of State Lands shall |
1076 | coordinate the activities of the review teams and third parties. |
1077 | The land management monitoring team shall consist of three |
1078 | members. One member shall be selected by the Secretary of |
1079 | Department of Environmental Protection, or his or her designee, |
1080 | and shall have experience with public recreation or public-use |
1081 | administration. One member shall be selected by the Commissioner |
1082 | of Agriculture, or his or her designee, and shall have |
1083 | experience with applied land management. One member shall be |
1084 | selected by the executive director of Fish and Wildlife |
1085 | Conservation Commission, or his or her designee, and shall have |
1086 | experience with applied habitat management. The monitoring team |
1087 | shall prepare a monitoring report that assesses the progress |
1088 | towards achieving short-term and long-term land management goals |
1089 | and shall propose corrective actions for identified deficiencies |
1090 | in management activities. The monitoring report shall be |
1091 | submitted to the Acquisition and Restoration Council and the |
1092 | managing agency. The third party reviewer selected by the |
1093 | Acquisition and Restoration Council shall perform an audit of |
1094 | selected land management activities based on a risk-based |
1095 | approach and shall identify the progress toward achieving short- |
1096 | term and long-term land management goals. The third party audit |
1097 | is to be submitted to the Acquisition and Restoration Council |
1098 | and the managing agency. The Acquisition and Restoration Council |
1099 | shall review the monitoring report and the third party audit, |
1100 | and determine whether the deficiencies warrant a corrective |
1101 | action plan or revisions to the land management plan. |
1102 | Significant and recurring deficiencies shall be brought before |
1103 | the board of trustees, which shall determine whether the |
1104 | corrective actions being proposed by the land manager and the |
1105 | Acquisition and Restoration Council sufficiently address the |
1106 | identified deficiencies. Corrective action plans shall be |
1107 | prepared and submitted in the same manner as land management |
1108 | plans. |
1109 | (f) Land management plans are to be updated every 10 years |
1110 | on a rotating basis. |
1111 | (g) In developing land management plans, at least two |
1112 | public hearings must be held within the county most affected by |
1113 | the parcel or project. |
1114 | (h)(a) The Division of State Lands shall make available to |
1115 | the public an electronic a copy of each land management plan for |
1116 | parcels that exceed 160 acres in size. The Division of State |
1117 | Lands council shall review each plan for compliance with the |
1118 | requirements of this subsection, the requirements of chapter |
1119 | 259, and the requirements of the rules established by the board |
1120 | pursuant to this section. The council shall also consider the |
1121 | propriety of the recommendations of the managing entity with |
1122 | regard to the future use of the property, the protection of |
1123 | fragile or nonrenewable resources, the potential for alternative |
1124 | or multiple uses not recognized by the managing entity, and the |
1125 | possibility of disposal of the property by the board. After its |
1126 | review, the council shall submit the plan, along with its |
1127 | recommendations and comments, to the board. The council shall |
1128 | specifically recommend to the board whether to approve the plan |
1129 | as submitted, approve the plan with modifications, or reject the |
1130 | plan. If the Acquisition and Restoration Council fails to make a |
1131 | recommendation for a land management plan, the Secretary of the |
1132 | Department of Environmental Protection, the Commissioner of |
1133 | Agriculture, or the Executive Director of the Fish and Wildlife |
1134 | Conservation Commission or their designees shall submit the land |
1135 | management plan to the board of trustees. |
1136 | (i)(b) The Board of Trustees of the Internal Improvement |
1137 | Trust Fund shall consider the land management plan submitted by |
1138 | each entity and the recommendations of the council and the |
1139 | Division of State Lands and shall approve the plan with or |
1140 | without modification or reject such plan. The use or possession |
1141 | of any such lands that is not in accordance with an approved |
1142 | land management plan is subject to termination by the board. |
1143 | (6) The Board of Trustees of the Internal Improvement |
1144 | Trust Fund shall determine which lands, the title to which is |
1145 | vested in the board, may be surplused. For conservation lands, |
1146 | the board shall make a determination that the lands are no |
1147 | longer needed for conservation purposes and may dispose of them |
1148 | by an affirmative vote of at least three members. In the case of |
1149 | a land exchange involving the disposition of conservation lands, |
1150 | the board must determine by an affirmative vote of at least |
1151 | three members that the exchange will result in a net positive |
1152 | conservation benefit. For all other lands, the board shall make |
1153 | a determination that the lands are no longer needed and may |
1154 | dispose of them by an affirmative vote of at least three |
1155 | members. |
1156 | (a) For the purposes of this subsection, all lands |
1157 | acquired by the state prior to July 1, 1999, using proceeds from |
1158 | the Preservation 2000 bonds, the Conservation and Recreation |
1159 | Lands Trust Fund, the Water Management Lands Trust Fund, |
1160 | Environmentally Endangered Lands Program, and the Save Our Coast |
1161 | Program and titled to the board, which lands are identified as |
1162 | core parcels or within original project boundaries, shall be |
1163 | deemed to have been acquired for conservation purposes. |
1164 | (b) For any lands purchased by the state on or after July |
1165 | 1, 1999, a determination shall be made by the board prior to |
1166 | acquisition as to those parcels that shall be designated as |
1167 | having been acquired for conservation purposes. No lands |
1168 | acquired for use by the Department of Corrections, the |
1169 | Department of Management Services for use as state offices, the |
1170 | Department of Transportation, except those specifically managed |
1171 | for conservation or recreation purposes, or the State University |
1172 | System or the Florida Community College System shall be |
1173 | designated as having been purchased for conservation purposes. |
1174 | (c) At least every 10 years, as a component of each land |
1175 | management plan or land use plan and in a form and manner |
1176 | prescribed by rule by the board, each manager shall evaluate and |
1177 | indicate to the board those lands that are not being used for |
1178 | the state purposes purpose for which they were originally |
1179 | leased. For conservation lands, the council shall review and |
1180 | shall recommend to the board whether such lands should be |
1181 | retained in public ownership or disposed of by the board. For |
1182 | nonconservation lands, the division shall review such lands and |
1183 | shall recommend to the board whether such lands should be |
1184 | retained in public ownership or disposed of by the board. |
1185 | (d) Lands owned by the board which are not actively |
1186 | managed by any state agency or for which a land management plan |
1187 | has not been completed pursuant to subsection (5) shall be |
1188 | reviewed by the council or its successor for its recommendation |
1189 | as to whether such lands should be managed by a private |
1190 | contractor, leased, or disposed of by the board. |
1191 | (e) Prior to any decision by the board to surplus lands, |
1192 | the Acquisition and Restoration Council shall review and make |
1193 | recommendations to the board concerning the request for |
1194 | surplusing. The council shall determine whether the request for |
1195 | surplusing is compatible with the resource values of and |
1196 | management objectives for such lands. |
1197 | (f)1. In reviewing lands owned by the board, the council |
1198 | shall consider whether such lands would be more appropriately |
1199 | owned or managed by the county or other unit of local government |
1200 | in which the land is located. The council shall recommend to the |
1201 | board whether a sale, lease, or other conveyance to a local |
1202 | government would be in the best interests of the state and local |
1203 | government. The provisions of this paragraph in no way limit the |
1204 | provisions of ss. 253.111 and 253.115. Such lands shall be |
1205 | offered to the state, county, or local government for a period |
1206 | of 45 30 days. Permittable uses for such surplus lands may |
1207 | include public schools; public libraries; fire or law |
1208 | enforcement substations; governmental, judicial, or recreational |
1209 | centers; and affordable housing meeting the criteria of s. |
1210 | 420.0004(3). County or local government requests for surplus |
1211 | lands shall be expedited throughout the surplusing process. If |
1212 | the county or local government does not elect to purchase such |
1213 | lands in accordance with s. 253.111, then any surplusing |
1214 | determination involving other governmental agencies shall be |
1215 | made upon the board deciding the best public use of the lands. |
1216 | Surplus properties in which governmental agencies have expressed |
1217 | no interest shall then be available for sale on the private |
1218 | market. |
1219 | 2. Notwithstanding subparagraph 1., any parcel of surplus |
1220 | lands less than 3 acres in size which was acquired by the state |
1221 | before 1955 by gift or other conveyance or for $1 consideration |
1222 | from a fair association incorporated under chapter 616 for the |
1223 | purpose of conducting and operating public fairs or expositions, |
1224 | and concerning which the department has filed by July 1, 2008, a |
1225 | notice of intent to dispose of as surplus lands, shall be |
1226 | offered for reconveyance to such fair association for no |
1227 | consideration; however, the agency that last held the lease from |
1228 | the board for management of such lands may remove from the lands |
1229 | any improvements, fixtures, goods, wares, and merchandise within |
1230 | 180 days after the effective date of the reconveyance. This |
1231 | subparagraph expires July 1, 2008. |
1232 | (g) The sale price of lands determined to be surplus |
1233 | pursuant to this subsection and s. 253.82 shall be determined by |
1234 | the division and shall take into consideration an appraisal of |
1235 | the property, or, when the estimated value of the land is less |
1236 | than $100,000, a comparable sales analysis or a broker's opinion |
1237 | of value. In the event that a single appraisal yields a value |
1238 | equal to or greater than $1 million, a second appraisal is |
1239 | required. The individual or entity requesting the surplus shall |
1240 | select and use appraisers from the list of approved appraisers |
1241 | maintained by the Division of State Lands in accordance with s. |
1242 | 253.025(6)(b). The individual or entity requesting the surplus |
1243 | is to incur all costs of the second appraisal, and the price |
1244 | paid by the state to originally acquire the lands. |
1245 | 1.a. A written valuation of land determined to be surplus |
1246 | pursuant to this subsection and s. 253.82, and related documents |
1247 | used to form the valuation or which pertain to the valuation, |
1248 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
1249 | I of the State Constitution until 2 weeks before the contract or |
1250 | agreement regarding the purchase, exchange, or disposal of the |
1251 | surplus land is first considered for approval by the board. |
1252 | Notwithstanding the exemption provided under this subparagraph, |
1253 | the division may disclose appraisals, valuations, or valuation |
1254 | information regarding surplus land during negotiations for the |
1255 | sale or exchange of the land, during the marketing effort or |
1256 | bidding process associated with the sale, disposal, or exchange |
1257 | of the land to facilitate closure of such effort or process, |
1258 | when the passage of time has made the conclusions of value |
1259 | invalid, or when negotiations or marketing efforts concerning |
1260 | the land are concluded. |
1261 | b. This subparagraph is subject to the Open Government |
1262 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
1263 | shall stand repealed on October 2, 2009, unless reviewed and |
1264 | saved from repeal through reenactment by the Legislature. |
1265 | 2. A unit of government that acquires title to lands |
1266 | hereunder for less than appraised value may not sell or transfer |
1267 | title to all or any portion of the lands to any private owner |
1268 | for a period of 10 years. Any unit of government seeking to |
1269 | transfer or sell lands pursuant to this paragraph shall first |
1270 | allow the board of trustees to reacquire such lands for the |
1271 | price at which the board sold such lands. |
1272 | (h) Where a unit of government acquired land by gift, |
1273 | donation, grant, quitclaim deed, or other such conveyance where |
1274 | no monetary consideration was exchanged, the price of land sold |
1275 | as surplus may be based on one appraisal. In the event that a |
1276 | single appraisal yields a value equal to or greater than $1 |
1277 | million, a second appraisal is required. The individual or |
1278 | entity requesting the surplus shall select and use appraisers |
1279 | from the list of approved appraisers maintained by the Division |
1280 | of State Lands in accordance with s. 253.025(6)(b). The |
1281 | individual or entity requesting the surplus is to incur all |
1282 | costs of the appraisals. |
1283 | (h)(i) After reviewing the recommendations of the council, |
1284 | the board shall determine whether lands identified for surplus |
1285 | are to be held for other public purposes or whether such lands |
1286 | are no longer needed. The board may require an agency to release |
1287 | its interest in such lands. For an agency that has requested the |
1288 | use of a property that was to be declared as surplus, said |
1289 | agency must have the property under lease within 6 months of the |
1290 | date of expiration of the notice provisions required under this |
1291 | subsection and s. 253.111. |
1292 | (i)(j) Requests for surplusing may be made by any public |
1293 | or private entity or person. All requests shall be submitted to |
1294 | the lead managing agency for review and recommendation to the |
1295 | council or its successor. Lead managing agencies shall have 90 |
1296 | days to review such requests and make recommendations. Any |
1297 | surplusing requests that have not been acted upon within the 90- |
1298 | day time period shall be immediately scheduled for hearing at |
1299 | the next regularly scheduled meeting of the council or its |
1300 | successor. Requests for surplusing pursuant to this paragraph |
1301 | shall not be required to be offered to local or state |
1302 | governments as provided in paragraph (f). |
1303 | (j)(k) Proceeds from any sale of surplus lands pursuant to |
1304 | this subsection shall be deposited into the fund from which such |
1305 | lands were acquired. However, if the fund from which the lands |
1306 | were originally acquired no longer exists, such proceeds shall |
1307 | be deposited into an appropriate account to be used for land |
1308 | management by the lead managing agency assigned the lands prior |
1309 | to the lands being declared surplus. Funds received from the |
1310 | sale of surplus nonconservation lands, or lands that were |
1311 | acquired by gift, by donation, or for no consideration, shall be |
1312 | deposited into the Internal Improvement Trust Fund. |
1313 | (k)(l) Notwithstanding the provisions of this subsection, |
1314 | no such disposition of land shall be made if such disposition |
1315 | would have the effect of causing all or any portion of the |
1316 | interest on any revenue bonds issued to lose the exclusion from |
1317 | gross income for federal income tax purposes. |
1318 | (l)(m) The sale of filled, formerly submerged land that |
1319 | does not exceed 5 acres in area is not subject to review by the |
1320 | council or its successor. |
1321 | (m)(n) The board may adopt rules to implement the |
1322 | provisions of this section, which may include procedures for |
1323 | administering surplus land requests and criteria for when the |
1324 | division may approve requests to surplus nonconservation lands |
1325 | on 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, |
1328 | or mineral resources. |
1329 | (b) The exclusive use of state-owned land subject to a |
1330 | lease by the Board of Trustees of the Internal Improvement Trust |
1331 | Fund of state-owned land for private uses and purposes. |
1332 | (c) Sovereignty lands not leased for private uses and |
1333 | purposes. |
1334 | (8)(a) Notwithstanding other provisions of this section, |
1335 | the Division of State Lands is directed to prepare a state |
1336 | inventory of all federal lands and all lands titled in the name |
1337 | of the state, a state agency, a water management district, or a |
1338 | local government on a county-by-county basis. To facilitate the |
1339 | development of the state inventory, each county shall direct the |
1340 | appropriate county office with authority over the information to |
1341 | provide the division with a county inventory of all lands |
1342 | identified as federal lands and lands titled in the name of the |
1343 | state, a state agency, a water management district, or a local |
1344 | government. The Legislature recognizes the value of the state's |
1345 | conservation lands as water recharge areas and air filters, and |
1346 | in an effort to better understand the scientific underpinnings |
1347 | of carbon sequestration, carbon capture, and greenhouse gas |
1348 | mitigation, to inform policy and decisionmakers, and to provide |
1349 | the infrastructure for land owners, the Department of |
1350 | Agriculture and Consumer Services and the Division of Forestry |
1351 | in consultation with the Department of Environmental Protection |
1352 | shall contract with an organization experienced and specialized |
1353 | in carbon sinks and emission budgets, to conduct an inventory of |
1354 | all lands acquired pursuant to Preservation 2000 and Florida |
1355 | Forever and that were titled in the name of the Board of |
1356 | Trustees of the Internal Improvement Trust Fund. The inventory |
1357 | shall determine the value of carbon capture and carbon |
1358 | sequestration. Such inventory shall consider potential carbon |
1359 | offset values of changes in land management practices including, |
1360 | but not limited to, replanting of trees, routine prescribed |
1361 | burns and land use conversion. Such an inventory shall be |
1362 | completed and presented to the Board of Trustees by July 1, |
1363 | 2009. |
1364 | (b) The state inventory must distinguish between lands |
1365 | purchased by the state or a water management district as part of |
1366 | a core parcel or within original project boundaries, as those |
1367 | terms are used to meet the surplus requirements of subsection |
1368 | (6), and lands purchased by the state, a state agency, or a |
1369 | water management district which are not essential or necessary |
1370 | for conservation purposes. |
1371 | (c) In any county having a population of 75,000 or less, |
1372 | or a county having a population of 100,000 or less that is |
1373 | contiguous to a county having a population of 75,000 or less, in |
1374 | which more than 50 percent of the lands within the county |
1375 | boundary are federal lands and lands titled in the name of the |
1376 | state, a state agency, a water management district, or a local |
1377 | government, those lands titled in the name of the state or a |
1378 | state agency which are not essential or necessary to meet |
1379 | conservation purposes may, upon request of a public or private |
1380 | entity, be made available for purchase through the state's |
1381 | surplusing process. Rights-of-way for existing, proposed, or |
1382 | anticipated transportation facilities are exempt from the |
1383 | requirements of this paragraph. Priority consideration shall be |
1384 | given to buyers, public or private, willing to return the |
1385 | property to productive use so long as the property can be |
1386 | reentered onto the county ad valorem tax roll. Property acquired |
1387 | with matching funds from a local government shall not be made |
1388 | available for purchase without the consent of the local |
1389 | government. |
1390 | (9) Land management plans required to be submitted by the |
1391 | Department of Corrections, the Department of Juvenile Justice, |
1392 | the Department of Children and Family Services, or the |
1393 | Department of Education are not subject to the provisions for |
1394 | review by the council or its successor described in subsection |
1395 | (5). Management plans filed by these agencies shall be made |
1396 | available to the public electronically and for a period of 90 |
1397 | days at the administrative offices of the parcel or project |
1398 | affected by the management plan and at the Tallahassee offices |
1399 | of each agency. Any plans not objected to during the public |
1400 | comment period shall be deemed approved. Any plans for which an |
1401 | objection is filed shall be submitted to the Board of Trustees |
1402 | of the Internal Improvement Trust Fund for consideration. The |
1403 | Board of Trustees of the Internal Improvement Trust Fund shall |
1404 | approve the plan with or without modification, or reject the |
1405 | plan. The use or possession of any such lands which is not in |
1406 | accordance with an approved land management plan is subject to |
1407 | termination by the board. |
1408 | (10) The following additional uses of conservation lands |
1409 | acquired pursuant to the Florida Forever program and other |
1410 | state-funded conservation land purchase programs shall be |
1411 | authorized, upon a finding by the board of trustees, if they |
1412 | meet the criteria specified in paragraphs (a)-(e): water |
1413 | resource development projects, water supply development |
1414 | projects, stormwater management projects, linear facilities, and |
1415 | sustainable agriculture and forestry. Such additional uses are |
1416 | authorized where: |
1417 | (a) Not inconsistent with the management plan for such |
1418 | lands; |
1419 | (b) Compatible with the natural ecosystem and resource |
1420 | values of such lands; |
1421 | (c) The proposed use is appropriately located on such |
1422 | lands and where due consideration is given to the use of other |
1423 | available lands; |
1424 | (d) The using entity reasonably compensates the |
1425 | titleholder for such use based upon an appropriate measure of |
1426 | value; and |
1427 | (e) The use is consistent with the public interest. |
1428 |
|
1429 | A decision by the board of trustees pursuant to this section |
1430 | shall be given a presumption of correctness. Moneys received |
1431 | from the use of state lands pursuant to this section shall be |
1432 | returned to the lead managing entity in accordance with the |
1433 | provisions of s. 259.032(11)(d). |
1434 | (11) Lands listed as projects for acquisition may be |
1435 | managed for conservation pursuant to s. 259.032, on an interim |
1436 | basis by a private party in anticipation of a state purchase in |
1437 | accordance with a contractual arrangement between the acquiring |
1438 | agency and the private party that may include management service |
1439 | contracts, leases, cost-share arrangements or resource |
1440 | conservation agreements. Lands designated as eligible under this |
1441 | subsection shall be managed to maintain or enhance the resources |
1442 | the state is seeking to protect by acquiring the land. Funding |
1443 | for these contractual arrangements may originate from the |
1444 | documentary stamp tax revenue deposited into the Conservation |
1445 | and Recreation Lands Trust Fund and Water Management Lands Trust |
1446 | Fund. No more than 5 percent of funds allocated under the trust |
1447 | funds shall be expended for this purpose. |
1448 | (12) Any lands available to governmental employees, |
1449 | including water management district employees, for hunting or |
1450 | other recreational purposes shall also be made available to the |
1451 | general public for such purposes. |
1452 | (13)(a) All state lands may be used to protect, manage, or |
1453 | restore habitat for native or imperiled species. The commission |
1454 | shall submit an annual work plan for such uses to the |
1455 | Acquisition and Restoration Council and the council may, at its |
1456 | discretion, modify the work plan prior to approval. Following |
1457 | approval of the work plan by the council, the commission shall |
1458 | submit the approved work plan to the Board of Trustees of the |
1459 | Internal Improvement Trust Fund for adoption. |
1460 | (b) By February 1, 2010, the commission shall submit a |
1461 | report to the Acquisition and Restoration Council and the board |
1462 | of trustees on the efficacy of utilizing state-owned lands to |
1463 | protect, manage, or restore habitat for native or imperiled |
1464 | species. This subsection expires July 1, 2014. Notwithstanding |
1465 | the provisions of this section, funds from the sale of property |
1466 | by the Department of Highway Safety and Motor Vehicles located |
1467 | in Palm Beach County are authorized to be deposited into the |
1468 | Highway Safety Operating Trust Fund to facilitate the exchange |
1469 | as provided in the General Appropriations Act, provided that at |
1470 | the conclusion of both exchanges the values are equalized. This |
1471 | subsection expires July 1, 2008. |
1472 | Section 10. Section 253.036, Florida Statutes, is amended |
1473 | to read: |
1474 | 253.036 Forest management.--All land management plans |
1475 | described in s. 253.034(5) which are prepared for parcels larger |
1476 | than 1,000 acres shall contain an analysis of the multiple-use |
1477 | potential of the parcel. The, which analysis shall include the |
1478 | potential of the parcel to generate revenues to enhance the |
1479 | management of the parcel. The Division of Forestry of the |
1480 | Department of Agriculture and Consumer Services or other |
1481 | qualified professional forester approved by the Division of |
1482 | Forestry of the Department of Agriculture and Consumer Services |
1483 | lead agency shall prepare the analysis, which shall contain a |
1484 | component or section prepared by a qualified professional |
1485 | forester which assesses the feasibility of managing timber |
1486 | resources on the parcel for resource conservation and revenue |
1487 | generation purposes through a stewardship ethic that embraces |
1488 | sustainable forest management practices if the lead management |
1489 | agency determines that the timber resource management is not in |
1490 | conflict with the primary management objectives of the parcel. |
1491 | For purposes of this section, practicing sustainable forest |
1492 | management means meeting the needs of the present without |
1493 | compromising the ability of future generations to meet their own |
1494 | needs by practicing a land stewardship ethic which integrates |
1495 | the reforestation, managing, growing, nurturing, and harvesting |
1496 | of trees for useful products with the conservation of soil, air |
1497 | and water quality, wildlife and fish habitat, and aesthetics. |
1498 | The Legislature intends that each lead management agency, |
1499 | whenever practicable and cost effective, use the services of the |
1500 | Division of Forestry of the Florida Department of Agriculture |
1501 | and Consumer Services or other qualified private sector |
1502 | professional forester approved by Division of Forestry of the |
1503 | Department of Agriculture and Consumer Services in completing |
1504 | such feasibility assessments and implementing timber resource |
1505 | management. The Legislature further intends that the lead |
1506 | management agency develop a memorandum of agreement with the |
1507 | Division of Forestry to provide for full reimbursement for any |
1508 | services provided for the feasibility assessments or timber |
1509 | resource management. All additional revenues generated through |
1510 | multiple-use management or compatible secondary use management |
1511 | shall be returned to the lead agency responsible for such |
1512 | management and shall be used to pay for management activities on |
1513 | all conservation, preservation, and recreation lands under the |
1514 | agency's jurisdiction. In addition, such revenue shall be |
1515 | segregated in an agency trust fund and shall remain available to |
1516 | the agency in subsequent fiscal years to support land management |
1517 | appropriations. |
1518 | Section 11. Subsection (3) of section 253.111, Florida |
1519 | Statutes, is amended to read: |
1520 | 253.111 Notice to board of county commissioners before |
1521 | sale.--The Board of Trustees of the Internal Improvement Trust |
1522 | Fund of the state may not sell any land to which they hold title |
1523 | unless and until they afford an opportunity to the county in |
1524 | which such land is situated to receive such land on the |
1525 | following terms and conditions: |
1526 | (3) If the board receives, within 45 30 days after notice |
1527 | is given to the board of county commissioners pursuant to |
1528 | subsection (1), the certified copy of the resolution provided |
1529 | for in subsection (2), the board shall forthwith convey to the |
1530 | county such land at a price that is equal to its appraised |
1531 | market value established by generally accepted professional |
1532 | standards for real estate appraisal and subject to such other |
1533 | terms and conditions as the board determines. |
1534 | Section 12. Paragraph (b) of subsection (2) of section |
1535 | 253.82, Florida Statutes, is amended to read: |
1536 | 253.82 Title of state or private owners to Murphy Act |
1537 | lands.-- |
1538 | (2) |
1539 | (b) Land to which title is vested in the board of trustees |
1540 | by paragraph (a) shall be treated in the same manner as other |
1541 | nonsovereignty lands owned by the board. However, any parcel of |
1542 | land the title to which is vested in the Board of Trustees of |
1543 | the Internal Improvement Trust Fund pursuant to this section |
1544 | which is 10 acres or less in size and has a an appraised market |
1545 | value of $250,000 or less is hereby declared surplus, except for |
1546 | lands determined to be needed for state use, and may be sold in |
1547 | any manner provided by law. Only one appraisal shall be required |
1548 | for a sale of such land. All proceeds from the sale of such land |
1549 | shall be deposited into the Internal Improvement Trust Fund. The |
1550 | Board of Trustees of the Internal Improvement Trust Fund is |
1551 | authorized to adopt rules to implement the provisions of this |
1552 | subsection. |
1553 | Section 13. Section 259.032, Florida Statutes, is amended |
1554 | to read: |
1555 | 259.032 Conservation and Recreation Lands Trust Fund; |
1556 | purpose.-- |
1557 | (1) It is the policy of the state that the citizens of |
1558 | this state shall be assured public ownership of natural areas |
1559 | for purposes of maintaining this state's unique natural |
1560 | resources; protecting air, land, and water quality; promoting |
1561 | water resource development to meet the needs of natural systems |
1562 | and citizens of this state; promoting restoration activities on |
1563 | public lands; and providing lands for natural resource based |
1564 | recreation. In recognition of this policy, it is the intent of |
1565 | the Legislature to provide such public lands for the people |
1566 | residing in urban and metropolitan areas of the state, as well |
1567 | as those residing in less populated, rural areas. It is the |
1568 | further intent of the Legislature, with regard to the lands |
1569 | described in paragraph (3)(c), that a high priority be given to |
1570 | the acquisition, restoration, and management of such lands in or |
1571 | near counties exhibiting the greatest concentration of |
1572 | population and, with regard to the lands described in subsection |
1573 | (3), that a high priority be given to acquiring lands or rights |
1574 | or interests in lands proposed for acquisition pursuant to s. |
1575 | 570.71, or lands within any area designated as an area of |
1576 | critical state concern under s. 380.05 which, in the judgment of |
1577 | the advisory council established pursuant to s. 259.035, or its |
1578 | successor, cannot be adequately protected by application of land |
1579 | development regulations adopted pursuant to s. 380.05. Finally, |
1580 | it is the Legislature's intent that lands acquired through this |
1581 | program and any successor programs be managed in such a way as |
1582 | to protect or restore their natural resource values, and provide |
1583 | the greatest benefit, including public access, to the citizens |
1584 | of this state. |
1585 | (2)(a) The Conservation and Recreation Lands Trust Fund is |
1586 | established within the Department of Environmental Protection. |
1587 | The fund shall be used as a nonlapsing, revolving fund |
1588 | exclusively for the purposes of this section. The fund shall be |
1589 | credited with proceeds from the following excise taxes: |
1590 | 1. The excise taxes on documents as provided in s. 201.15; |
1591 | and |
1592 | 2. The excise tax on the severance of phosphate rock as |
1593 | provided in s. 211.3103. |
1594 |
|
1595 | The Department of Revenue shall credit to the fund each month |
1596 | the proceeds from such taxes as provided in this paragraph. |
1597 | (b) There shall annually be transferred from the |
1598 | Conservation and Recreation Lands Trust Fund to the Land |
1599 | Acquisition Trust Fund that amount, not to exceed $20 million |
1600 | annually, as shall be necessary to pay the debt service on, or |
1601 | fund debt service reserve funds, rebate obligations, or other |
1602 | amounts with respect to bonds issued pursuant to s. 375.051 to |
1603 | acquire lands on the established priority list developed |
1604 | pursuant to ss. 259.101(4) and 259.105; however, no moneys |
1605 | transferred to the Land Acquisition Trust Fund pursuant to this |
1606 | paragraph, or earnings thereon, shall be used or made available |
1607 | to pay debt service on the Save Our Coast revenue bonds. Amounts |
1608 | transferred annually from the Conservation and Recreation Lands |
1609 | Trust Fund to the Land Acquisition Trust Fund pursuant to this |
1610 | paragraph shall have the highest priority over other payments or |
1611 | transfers from the Conservation and Recreation Lands Trust Fund, |
1612 | and no other payments or transfers shall be made from the |
1613 | Conservation and Recreation Lands Trust Fund until such |
1614 | transfers to the Land Acquisition Trust Fund have been made. |
1615 | Moneys in the Conservation and Recreation Lands Trust Fund also |
1616 | shall be used to manage lands and to pay for related costs, |
1617 | activities, and functions pursuant to the provisions of this |
1618 | section. |
1619 | (3) The Governor and Cabinet, sitting as the Board of |
1620 | Trustees of the Internal Improvement Trust Fund, may allocate |
1621 | moneys from the fund in any one year to acquire the fee or any |
1622 | lesser interest in lands for the following public purposes: |
1623 | (a) To conserve and protect environmentally unique and |
1624 | irreplaceable lands that contain native, relatively unaltered |
1625 | flora and fauna representing a natural area unique to, or scarce |
1626 | within, a region of this state or a larger geographic area; |
1627 | (b) To conserve and protect lands within designated areas |
1628 | of critical state concern, if the proposed acquisition relates |
1629 | to the natural resource protection purposes of the designation; |
1630 | (c) To conserve and protect native species habitat or |
1631 | imperiled endangered or threatened species, emphasizing long- |
1632 | term protection for imperiled endangered or threatened species |
1633 | designated G-1 or G-2 by the Florida Natural Areas Inventory, |
1634 | and especially those areas that are special locations for |
1635 | breeding and reproduction; |
1636 | (d) To conserve, protect, manage, or restore important |
1637 | ecosystems, landscapes, and forests, if the protection and |
1638 | conservation of such lands is necessary to enhance or protect |
1639 | significant surface water, groundwater, coastal, recreational, |
1640 | timber, or fish or wildlife resources which cannot otherwise be |
1641 | accomplished through local and state regulatory programs; |
1642 | (e) To promote water resource development that benefits |
1643 | natural systems and citizens of the state; |
1644 | (f) To facilitate the restoration and subsequent health |
1645 | and vitality of the Florida Everglades; |
1646 | (g) To provide areas, including recreational trails, for |
1647 | natural resource based recreation and other outdoor recreation |
1648 | on any part of any site compatible with conservation purposes; |
1649 | (h) To preserve significant archaeological or historic |
1650 | sites; or |
1651 | (i) To conserve urban open spaces suitable for greenways |
1652 | or outdoor recreation which are compatible with conservation |
1653 | purposes. |
1654 | (j) To preserve agricultural lands and working waterfronts |
1655 | under threat of conversion to development through fee simple and |
1656 | less-than-fee acquisitions, including acquisition pursuant to s. |
1657 | 570.71. |
1658 | (4)(a) Lands acquired under this section shall be for use |
1659 | as state-designated parks, recreation areas, preserves, |
1660 | reserves, historic or archaeological sites, geologic or |
1661 | botanical sites, recreational trails, forests, wilderness areas, |
1662 | wildlife management areas, urban open space, or other state- |
1663 | designated recreation or conservation lands; or they shall |
1664 | qualify for such state designation and use if they are to be |
1665 | managed by other governmental agencies or nonstate entities as |
1666 | provided for in this section. |
1667 | (b) In addition to the uses allowed in paragraph (a), |
1668 | moneys may be transferred from the Conservation and Recreation |
1669 | Lands Trust Fund to the Florida Forever Trust Fund or the Land |
1670 | Acquisition Trust Fund. This paragraph expires July 1, 2007. |
1671 | (5) The board of trustees may allocate, in any year, an |
1672 | amount not to exceed 5 percent of the money credited to the fund |
1673 | in that year, such allocation to be used for the purposes of |
1674 | 253.0325(2) initiation and maintenance of a natural areas |
1675 | inventory to aid in the identification of areas to be acquired |
1676 | pursuant to this section. |
1677 | (6) Moneys in the fund not needed to meet obligations |
1678 | incurred under this section shall be deposited with the Chief |
1679 | Financial Officer to the credit of the fund and may be invested |
1680 | in the manner provided by law. Interest received on such |
1681 | investments shall be credited to the Conservation and Recreation |
1682 | Lands Trust Fund. |
1683 | (7) The board of trustees may enter into any contract |
1684 | necessary to accomplish the purposes of this section. The lead |
1685 | land managing agencies designated by the board of trustees also |
1686 | are directed by the Legislature to enter into contracts or |
1687 | interagency agreements with other governmental entities, |
1688 | including local soil and water conservation districts, or |
1689 | private land managers who have the expertise to perform specific |
1690 | management activities which a lead agency lacks, or which would |
1691 | cost more to provide in-house. Such activities shall include, |
1692 | but not be limited to, controlled burning, road and ditch |
1693 | maintenance, mowing, and wildlife assessments. The lead land |
1694 | managing agency may contract with the Fish and Wildlife |
1695 | Conservation Commission for those lands which contain imperiled |
1696 | species habitat. |
1697 | (8) Lands to be considered for purchase under this section |
1698 | are subject to the selection procedures of s. 259.035 and |
1699 | related rules and shall be acquired in accordance with |
1700 | acquisition procedures for state lands provided for in s. |
1701 | 259.041, except for acquisition pursuant to s. 570.71 or as |
1702 | otherwise provided by the Legislature. An inholding or an |
1703 | addition to a project selected for purchase pursuant to this |
1704 | chapter is not subject to the selection procedures of s. 259.035 |
1705 | if the estimated value of such inholding or addition does not |
1706 | exceed $500,000. When at least 90 percent of the acreage of a |
1707 | project has been purchased pursuant to this chapter, the project |
1708 | may be removed from the list and the remaining acreage may |
1709 | continue to be purchased. Moneys from the fund may be used for |
1710 | title work, appraisal fees, environmental audits, and survey |
1711 | costs related to acquisition expenses for lands to be acquired, |
1712 | donated, or exchanged which qualify under the categories of this |
1713 | section, at the discretion of the board. When the Legislature |
1714 | has authorized the Department of Environmental Protection to |
1715 | condemn a specific parcel of land and such parcel has already |
1716 | been approved for acquisition under this section, the land may |
1717 | be acquired in accordance with the provisions of chapter 73 or |
1718 | chapter 74, and the fund may be used to pay the condemnation |
1719 | award and all costs, including a reasonable attorney's fee, |
1720 | associated with condemnation. |
1721 | (9) All lands managed under this chapter and s. 253.034 |
1722 | shall be: |
1723 | (a) Managed in a manner that will provide the greatest |
1724 | combination of benefits to the public and to the resources. |
1725 | (b) Managed for public outdoor recreation which is |
1726 | compatible with the conservation and protection of public lands. |
1727 | Such management may include, but not be limited to, the |
1728 | following public recreational uses: fishing, hunting, camping, |
1729 | bicycling, hiking, nature study, swimming, boating, canoeing, |
1730 | horseback riding, diving, model hobbyist activities, birding, |
1731 | sailing, jogging, and other related outdoor activities |
1732 | compatible with the purposes for which the lands were acquired. |
1733 | (c) Managed for the purposes for which the lands were |
1734 | acquired, consistent with paragraph (11)(a). |
1735 | (d) Concurrent with its adoption of the annual |
1736 | Conservation and Recreation Lands list of acquisition projects |
1737 | pursuant to s. 259.035, the board of trustees shall adopt a |
1738 | management prospectus for each project. The management |
1739 | prospectus shall delineate: |
1740 | 1. The management goals for the property; |
1741 | 2. The conditions that will affect the intensity of |
1742 | management; |
1743 | 3. An estimate of the revenue-generating potential of the |
1744 | property, if appropriate; |
1745 | 4. A timetable for implementing the various stages of |
1746 | management and for providing access to the public, if |
1747 | applicable; |
1748 | 5. A description of potential multiple-use activities as |
1749 | described in this section and s. 253.034; |
1750 | 6. Provisions for protecting existing infrastructure and |
1751 | for ensuring the security of the project upon acquisition; |
1752 | 7. The anticipated costs of restoration and management and |
1753 | projected sources of revenue, including legislative |
1754 | appropriations, to fund management needs; and |
1755 | 8. Recommendations as to how many employees will be needed |
1756 | to manage the property, and recommendations as to whether local |
1757 | governments, volunteer groups, the former landowner, or other |
1758 | interested parties can be involved in the restoration and |
1759 | management. |
1760 | (e) Concurrent with the approval of the acquisition |
1761 | contract pursuant to s. 259.041(3)(c) for any interest in lands |
1762 | except those lands being acquired under the provisions of s. |
1763 | 259.1052, the board of trustees shall designate a primary land |
1764 | manager an agency or agencies to restore and manage such lands |
1765 | as provided for in s. 253.002(1). The board shall evaluate and |
1766 | amend, as appropriate, the management policy statement for the |
1767 | project as provided by s. 259.035, consistent with the purposes |
1768 | for which the lands are acquired. For any fee simple acquisition |
1769 | of a parcel which is or will be leased back for agricultural |
1770 | purposes, or any acquisition of a less-than-fee interest in land |
1771 | that is or will be used for agricultural purposes, the Board of |
1772 | Trustees of the Internal Improvement Trust Fund shall first |
1773 | consider having a soil and water conservation district, created |
1774 | pursuant to chapter 582, manage and monitor such interests. |
1775 | (f) State agencies designated to manage lands acquired |
1776 | under this chapter except those lands acquired under s. 259.1052 |
1777 | may contract with the Department of Agriculture and Consumer |
1778 | Services, the Department of Environmental Protection, the Fish |
1779 | and Wildlife Conservation Commission, local governments, private |
1780 | entities, and soil and water conservation districts to assist in |
1781 | restoration and management activities, including the |
1782 | responsibility of being the lead land manager. Such land |
1783 | restoration and management contracts may include a provision for |
1784 | the transfer of management funding to the local government or |
1785 | soil and water conservation district from the Conservation and |
1786 | Recreation Lands Trust Fund in an amount adequate for the local |
1787 | government or soil and water conservation district to perform |
1788 | its contractual land management responsibilities and |
1789 | proportionate to its responsibilities, and which otherwise would |
1790 | have been expended by the state agency to manage the property. |
1791 | (g) Immediately following the acquisition of any interest |
1792 | in lands under this chapter, the Division of State Lands |
1793 | Department of Environmental Protection, acting on behalf of the |
1794 | board of trustees, may issue to the lead managing entity an |
1795 | interim assignment letter to be effective until the execution of |
1796 | a formal lease. |
1797 | (10)(a) State, regional, or local governmental agencies or |
1798 | private entities designated to manage lands under this section |
1799 | shall develop and adopt, with the approval of the board of |
1800 | trustees, an individual management plan for each project |
1801 | designed to conserve and protect such lands and their associated |
1802 | natural resources. Private sector involvement in management plan |
1803 | development may be used to expedite the planning process. |
1804 | (b) Individual management plans required by s. 253.034(5), |
1805 | for parcels over 160 acres, shall be developed with input from |
1806 | an advisory group and the general public. Members of this |
1807 | advisory group shall include, at a minimum, representatives of |
1808 | the lead land managing agency, comanaging entities, local |
1809 | private property owners, the appropriate soil and water |
1810 | conservation district, a local conservation organization, and a |
1811 | local elected official. The lead land manager and the advisory |
1812 | group shall conduct at least two public hearings one public |
1813 | hearing within the county in which the parcel or project is |
1814 | located. For those parcels or projects that are within more than |
1815 | one county, at least one additional areawide public hearing |
1816 | shall be acceptable and the lead managing agency shall invite a |
1817 | local elected official from each county. The additional areawide |
1818 | public hearing shall not be held in the county in which the core |
1819 | parcels are located. Notice of such public hearing shall be |
1820 | posted on the parcel or project designated for management, |
1821 | advertised in a paper of general circulation, and announced at a |
1822 | scheduled meeting of the local governing body before the actual |
1823 | public hearing. The management prospectus required pursuant to |
1824 | paragraph (9)(d) and any draft land management plans shall be |
1825 | available to the public for a period of 30 days prior to each |
1826 | the public hearing. |
1827 | (c) Once a plan is adopted, the managing agency or entity |
1828 | shall update the plan at least every 10 years in a form and |
1829 | manner prescribed by rule of the board of trustees. Such |
1830 | updates, for parcels over 160 acres, shall be developed with |
1831 | input from an advisory group in the same manner as described in |
1832 | paragraph (b). Such plans may include transfers of leasehold |
1833 | interests to appropriate conservation organizations or |
1834 | governmental entities designated by the Acquisition and |
1835 | Restoration Council Land Acquisition and Management Advisory |
1836 | Council or its successor, for uses consistent with the purposes |
1837 | of the organizations and the protection, preservation, |
1838 | conservation, restoration, and proper management of the lands |
1839 | and their resources. Volunteer management assistance is |
1840 | encouraged, including, but not limited to, assistance by youths |
1841 | participating in programs sponsored by state or local agencies, |
1842 | by volunteers sponsored by environmental or civic organizations, |
1843 | and by individuals participating in programs for committed |
1844 | delinquents and adults. |
1845 | (d)1. For each project for which lands are acquired after |
1846 | July 1, 1995, an individual management plan shall be adopted and |
1847 | in place no later than 1 year after the essential parcel or |
1848 | parcels identified in the priority list developed pursuant to |
1849 | ss. 259.101(4) and 259.105 have been acquired. The Department of |
1850 | Environmental Protection shall distribute only 75 percent of the |
1851 | acquisition funds to which a budget entity or water management |
1852 | district would otherwise be entitled from the Preservation 2000 |
1853 | Trust Fund to any budget entity or any water management district |
1854 | that has more than one-third of its management plans overdue. |
1855 | 2. The requirements of subparagraph 1. do not apply to the |
1856 | individual management plan for the Babcock Crescent B Ranch |
1857 | being acquired pursuant to s. 259.1052. The management plan for |
1858 | the ranch shall be adopted and in place no later than 2 years |
1859 | following the date of acquisition by the state. |
1860 | (e) Individual land management plans shall conform to the |
1861 | appropriate policies and guidelines of the state land management |
1862 | plan and shall include, but not be limited to: |
1863 | 1. A statement of the purpose for which the lands were |
1864 | acquired, the projected use or uses as defined in s. 253.034, |
1865 | and the statutory authority for such use or uses. |
1866 | 2. Key Management activities necessary to achieve the |
1867 | desired future conditions, including, but not limited to, |
1868 | providing public access, preserving and protecting natural |
1869 | resources, protecting cultural and historical resources, |
1870 | restoring and repopulating habitat, protecting imperiled |
1871 | species, controlling the spread of nonnative plants and animals, |
1872 | and performing prescribed fire activities and other appropriate |
1873 | resource management preserve and protect natural resources and |
1874 | restore habitat, and for controlling the spread of nonnative |
1875 | plants and animals, and for prescribed fire and other |
1876 | appropriate resource management activities. |
1877 | 3. A specific description of how the managing agency plans |
1878 | to identify, locate, protect, and preserve, or otherwise use |
1879 | fragile, nonrenewable natural and cultural resources. |
1880 | 4. A priority schedule for conducting restoration and |
1881 | management activities, based on the short-term, long-term, and |
1882 | desired future condition provided in the land management plan |
1883 | purposes for which the lands were acquired. |
1884 | 5. A cost estimate for conducting priority management |
1885 | activities, including utilization of the private sector to |
1886 | include recommendations for cost-effective methods of |
1887 | accomplishing those activities. |
1888 | 6. A cost estimate for conducting other management |
1889 | activities which would enhance the natural resource value or |
1890 | public recreation value for which the lands were acquired. The |
1891 | cost estimate shall include recommendations for cost-effective |
1892 | methods of accomplishing those activities. |
1893 | 7. A determination of the public uses and public access |
1894 | that are to be provided would be consistent with the purposes |
1895 | for which the lands were acquired. |
1896 | (f) The Division of State Lands shall submit a copy of |
1897 | each individual management plan for parcels which exceed 160 |
1898 | acres in size to each member of the Acquisition and Restoration |
1899 | Council Land Acquisition and Management Advisory Council or its |
1900 | successor, which shall: |
1901 | 1. Within 60 days after receiving a plan from the |
1902 | division, review each plan for compliance with the requirements |
1903 | of chapter 253, this subsection and with the requirements of the |
1904 | rules established by the board pursuant to this subsection. |
1905 | 2. Consider the propriety of the recommendations of the |
1906 | managing agency with regard to the future use or protection of |
1907 | the property. |
1908 | 3. After its review, submit the plan, along with its |
1909 | recommendations and comments, to the board of trustees, with |
1910 | recommendations as to whether to approve the plan as submitted, |
1911 | approve the plan with modifications, or reject the plan. |
1912 | (g) The board of trustees shall consider the individual |
1913 | management plan submitted by each state agency and the |
1914 | recommendations of the Acquisition and Restoration Council Land |
1915 | Acquisition and Management Advisory Council, or its successor, |
1916 | and the Division of State Lands and shall approve the plan with |
1917 | or without modification or reject such plan. The use or |
1918 | possession of any lands owned by the board of trustees which is |
1919 | not in accordance with an approved individual management plan is |
1920 | subject to termination by the board of trustees. |
1921 |
|
1922 | By July 1 of each year, each governmental agency and each |
1923 | private entity designated to manage lands shall report to the |
1924 | Division of State Lands Secretary of Environmental Protection on |
1925 | the progress of funding, staffing, and resource management of |
1926 | every project for which the agency or entity is responsible. |
1927 | (11)(a) The Legislature recognizes that acquiring lands |
1928 | pursuant to this chapter serves the public interest by |
1929 | protecting land, air, and water resources which contribute to |
1930 | the public health and welfare, providing areas for natural |
1931 | resource based recreation, and ensuring the survival of unique |
1932 | and irreplaceable plant and animal species. The Legislature |
1933 | intends for these lands to be managed and maintained for the |
1934 | purposes for which they were acquired and for the public to have |
1935 | access to and use of these lands if it will where it is |
1936 | consistent with acquisition purposes and would not harm the |
1937 | resources the state is seeking to protect, restore, and manage |
1938 | on the public's behalf. |
1939 | (b) An amount not less than up to 1.5 percent of the |
1940 | cumulative total of funds ever deposited into the Florida |
1941 | Preservation 2000 Trust Fund and the Florida Forever Trust Fund |
1942 | shall be made available for the purposes of restoration, |
1943 | management, maintenance, and capital improvements not eligible |
1944 | for funding pursuant to s. 11(e), Art. VII of the State |
1945 | Constitution, and for associated contractual services, for lands |
1946 | managed acquired pursuant to this section, s. 259.101, s. |
1947 | 259.105, s. 259.1052, or previous programs for the acquisition |
1948 | of lands for conservation and recreation, including state |
1949 | forests, to which title is vested in the board of trustees and |
1950 | other conservation and recreation lands managed by a state |
1951 | agency. Of this amount, $250,000 shall be transferred annually |
1952 | to the Plant Industry Trust Fund within the Department of |
1953 | Agriculture and Consumer Services for the purpose of |
1954 | implementing the Endangered or Threatened Native Flora |
1955 | Conservation Grants Program pursuant to s. 581.185(11). Each |
1956 | agency with management responsibilities shall annually request |
1957 | from the Legislature funds sufficient to fulfill such |
1958 | responsibilities to implement individual land management plans |
1959 | developed under s. 253.034. For the purposes of this paragraph, |
1960 | capital improvements shall include, but need not be limited to, |
1961 | habitat restoration, perimeter fencing, signs, firelanes, access |
1962 | roads and trails, and minimal public accommodations, such as |
1963 | primitive campsites, garbage receptacles, and toilets. Any |
1964 | equipment purchased with funds provided pursuant to this |
1965 | paragraph may be used for appropriate land management activities |
1966 | the purposes described in this paragraph on any conservation and |
1967 | recreation lands managed by a state agency. |
1968 | (c) The Secretary of the Department of Environmental |
1969 | Protection, the Executive Director of the Fish and Wildlife |
1970 | Conservation Commission, and the Commissioner of Agriculture |
1971 | shall prepare and deliver a report to the Board of Trustees of |
1972 | the Internal Improvement Trust Fund, the President of the |
1973 | Senate, and the Speaker of the House of Representatives no later |
1974 | than December 31, 2008, that provides an interim management |
1975 | formula and a long-term management formula, and the |
1976 | methodologies used to develop the formulas, which shall be used |
1977 | to allocate land management In requesting funds provided for in |
1978 | paragraph (b) for interim and long-term management of all |
1979 | acquisitions pursuant to this chapter and for associated |
1980 | contractual services. The methodology and formula for interim |
1981 | management shall be based on the land acquisitions from the |
1982 | prior year. The methodology and formula for long-term management |
1983 | shall consider, but not be limited to, the following, the |
1984 | managing agencies shall recognize the following categories of |
1985 | land management needs: |
1986 | 1. The level and complexity of resource management |
1987 | activities required for each of the natural community |
1988 | categories, groups and types provided in s. 253.0325(2), and the |
1989 | related management activities necessary to obtain the land |
1990 | management goals provided in s. 253.034, including, but not |
1991 | limited to, the acres of land that require: |
1992 | a. Minimal effort for resource preservation or |
1993 | restoration. |
1994 | b. Moderate effort for resource preservation or |
1995 | restoration. |
1996 | c. Significant effort for resource preservation or |
1997 | restoration. |
1998 | 2. The level and complexity of management intensity |
1999 | required to provide public access, including, but not limited to |
2000 | the acres of land that require: |
2001 | a. Minimal effort. Such lands generally are open to the |
2002 | public but offer no more than minimally developed facilities. |
2003 | b. Moderate effort. Such lands typically have a high |
2004 | degree of public use and offer highly developed facilities. |
2005 | c. Significant effort. Such lands generally are sites with |
2006 | historic significance or unique natural features and a very high |
2007 | degree 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 |
2011 | to the overall management effort. |
2012 | 6. The anticipated revenues generated from management, |
2013 | restoration, and repopulation of the lands. |
2014 | 7. The acres of land with infestations of nonnative or |
2015 | invasive plants, animals, or fish. |
2016 | 1. Lands which are low-need tracts, requiring basic |
2017 | resource management and protection, such as state reserves, |
2018 | state preserves, state forests, and wildlife management areas. |
2019 | These lands generally are open to the public but have no more |
2020 | than minimum facilities development. |
2021 | 2. Lands which are moderate-need tracts, requiring more |
2022 | than basic resource management and protection, such as state |
2023 | parks and state recreation areas. These lands generally have |
2024 | extra restoration or protection needs, higher concentrations of |
2025 | public use, or more highly developed facilities. |
2026 | 3. Lands which are high-need tracts, with identified needs |
2027 | requiring unique site-specific resource management and |
2028 | protection. These lands generally are sites with historic |
2029 | significance, unique natural features, or very high intensity |
2030 | public use, or sites that require extra funds to stabilize or |
2031 | protect resources, such as lands with heavy infestations of |
2032 | nonnative, invasive plants. |
2033 |
|
2034 | Any formula devised hereunder shall describe both the factors |
2035 | used and the factors not used in the formula. Beginning July 1, |
2036 | 2010, no funds provided under paragraph (b) shall be allocated, |
2037 | distributed, or expended until the allocation formula for |
2038 | funding land management activities has been adopted by the |
2039 | Legislature. Until the adoption of the formula described in this |
2040 | paragraph, interim and long-term management dollars shall |
2041 | continue to be allocated and disbursed under existing methods. |
2042 | Upon adoption, the allocation formula shall be used in the |
2043 | allocation and distribution of funds provided in paragraph (b). |
2044 | In evaluating the management funding needs of lands based on the |
2045 | above categories, the lead land managing agencies shall include |
2046 | in their considerations the impacts of, and needs created or |
2047 | addressed by, multiple-use management strategies. |
2048 | (d) All revenues generated through multiple-use management |
2049 | or compatible secondary-use management shall be returned to the |
2050 | lead agency responsible for such management and shall be used to |
2051 | pay for management activities on all conservation, preservation, |
2052 | and recreation lands under the agency's jurisdiction. In |
2053 | addition, such revenues shall be segregated in an agency trust |
2054 | fund and shall remain available to the agency in subsequent |
2055 | fiscal years to support land management appropriations. For the |
2056 | purposes of this paragraph, compatible secondary-use management |
2057 | shall be those activities described in subsection (9) undertaken |
2058 | on parcels designated as single use pursuant to s. |
2059 | 253.034(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 |
2062 | restoration activities and interim management of acquisitions |
2063 | and for associated contractual services, to ensure the |
2064 | conservation and protection of natural resources on project |
2065 | sites and to allow limited public recreational use of lands. |
2066 | Interim management activities may include, but not be limited |
2067 | to, resource assessments, control of invasive, nonnative |
2068 | species, habitat restoration, fencing, law enforcement, |
2069 | controlled burning, and public access consistent with |
2070 | preliminary determinations made pursuant to paragraph (9)(g). |
2071 | The board of trustees shall make these interim funds available |
2072 | immediately upon purchase. |
2073 | (f) The Land Management Uniform Accounting Council |
2074 | department shall set long-range and annual goals for the control |
2075 | and removal of nonnative, invasive plant species on public |
2076 | lands. Such goals shall differentiate between aquatic plant |
2077 | species and upland plant species. In setting such goals, the |
2078 | department may rank, in order of adverse impact, species that |
2079 | impede or destroy the functioning of natural systems. |
2080 | Notwithstanding paragraph (a), up to one-fourth of the funds |
2081 | provided for in paragraph (b) may be used by the agencies |
2082 | receiving those funds for control and removal of nonnative, |
2083 | invasive 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 |
2086 | ever deposited into the Florida Preservation 2000 Trust Fund and |
2087 | the Florida Forever Trust Fund may be appropriated for the 2006- |
2088 | 2007 fiscal year for the construction of replacement museum |
2089 | facilities. This paragraph expires July 1, 2007. |
2090 | (12)(a) Beginning July 1, 1999, the Legislature shall make |
2091 | available sufficient funds annually from the Conservation and |
2092 | Recreation Lands Trust Fund to the department for payment in |
2093 | lieu of taxes to qualifying counties and local governments as |
2094 | defined in paragraph (b) for all actual tax losses incurred as a |
2095 | result of board of trustees acquisitions for state agencies |
2096 | under the Florida Forever program or the Florida Preservation |
2097 | 2000 program during any year. Reserved funds not used for |
2098 | payments in lieu of taxes in any year shall revert to the fund |
2099 | to be used for land management in accordance with the provisions |
2100 | of 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 |
2103 | fewer. Population levels shall be determined pursuant to s. |
2104 | 11.031. |
2105 | 2. To all local governments located in eligible counties. |
2106 | 3. To Glades County, where a privately owned and operated |
2107 | prison leased to the state has recently been opened and where |
2108 | privately owned and operated juvenile justice facilities leased |
2109 | to the state have recently been constructed and opened, a |
2110 | payment in lieu of taxes, in an amount that offsets the loss of |
2111 | property tax revenue, which funds have already been appropriated |
2112 | and allocated from the Department of Correction's budget for the |
2113 | purpose of reimbursing amounts equal to lost ad valorem taxes. |
2114 | (c) If insufficient funds are available in any year to |
2115 | make full payments to all qualifying counties and local |
2116 | governments, such counties and local governments shall receive a |
2117 | pro rata share of the moneys available. |
2118 | (d) The payment amount shall be based on the average |
2119 | amount of actual taxes paid on the property for the 3 years |
2120 | preceding acquisition. Applications for payment in lieu of taxes |
2121 | shall be made no later than January 31 of the year following |
2122 | acquisition. No payment in lieu of taxes shall be made for |
2123 | properties which were exempt from ad valorem taxation for the |
2124 | year immediately preceding acquisition. |
2125 | (e) If property which was subject to ad valorem taxation |
2126 | was acquired by a tax-exempt entity for ultimate conveyance to |
2127 | the state under this chapter, payment in lieu of taxes shall be |
2128 | made for such property based upon the average amount of taxes |
2129 | paid on the property for the 3 years prior to its being removed |
2130 | from the tax rolls. The department shall certify to the |
2131 | Department of Revenue those properties that may be eligible |
2132 | under this provision. Once eligibility has been established, for |
2133 | a county, and local governments within that county, whose |
2134 | population is less than 150,000 residents, shall continue to |
2135 | receive annual payments for each tax loss. Once a county has a |
2136 | population of 150,000 or more, payments shall end. However, no |
2137 | eligible that county or local government shall receive less than |
2138 | 10 consecutive annual payments for each tax loss, and no further |
2139 | eligibility determination shall be made during that period. |
2140 | (f) Payment in lieu of taxes pursuant to this subsection |
2141 | shall be made annually to qualifying counties and local |
2142 | governments after certification by the Department of Revenue |
2143 | that the amounts applied for are reasonably appropriate, based |
2144 | on the amount of actual taxes paid on the eligible property. |
2145 | With the assistance of the local government requesting payment |
2146 | in lieu of taxes, the state agency that acquired the land is |
2147 | responsible for preparing and submitting application requests |
2148 | for payment to the Department of Revenue for certification. |
2149 | (g) If the board of trustees conveys to a local government |
2150 | title to any land owned by the board, any payments in lieu of |
2151 | taxes on the land made to the local government shall be |
2152 | discontinued as of the date of the conveyance. |
2153 |
|
2154 | For the purposes of this subsection, "local government" includes |
2155 | municipalities, the county school board, mosquito control |
2156 | districts, and any other local government entity which levies ad |
2157 | valorem taxes, with the exception of a water management |
2158 | district. |
2159 | (13) Moneys credited to the fund each year which are not |
2160 | used for restoration, management, maintenance, or capital |
2161 | improvements pursuant to subsection (11); for payment in lieu of |
2162 | taxes pursuant to subsection (12); or for the purposes of |
2163 | subsection (5), shall be available for the acquisition of land |
2164 | pursuant to this section. |
2165 | (14) The board of trustees may adopt rules to further |
2166 | define the categories of land for acquisition under this |
2167 | chapter. |
2168 | (15) Within 90 days after receiving a certified letter |
2169 | from the owner of a property on the Conservation and Recreation |
2170 | Lands list or the priority list established pursuant to s. |
2171 | 259.105 objecting to the property being included in an |
2172 | acquisition project, where such property is a project or part of |
2173 | a project which has not been listed for purchase in the current |
2174 | year's land acquisition work plan, the board of trustees shall |
2175 | delete the property from the list or from the boundary of an |
2176 | acquisition project on the list. |
2177 | Section 14. Section 259.0322, Florida Statutes, is amended |
2178 | to read: |
2179 | 259.0322 Reinstitution of payments in lieu of taxes; |
2180 | duration.--If the Department of Environmental Protection has |
2181 | made a payment in lieu of taxes to a governmental entity and |
2182 | subsequently suspended such payment, the department shall |
2183 | reinstitute appropriate payments and continue the payments for |
2184 | each tax loss as long as the eligible county's population stays |
2185 | below 150,000 residents. Once an eligible county has a |
2186 | population that reaches or exceeds 150,000 residents, payments |
2187 | to the county or local government for each tax loss shall cease. |
2188 | However, no eligible county or local government shall receive |
2189 | less than 10 consecutive annual payments for each tax loss in |
2190 | consecutive years until the governmental entity has received a |
2191 | total of 10 payments for each tax loss. |
2192 | Section 15. Section 259.035, Florida Statutes, is amended |
2193 | to read: |
2194 | 259.035 Acquisition and Restoration Council.-- |
2195 | (1) There is created the Acquisition and Restoration |
2196 | Council. |
2197 | (a) The council shall be composed of nine voting members, |
2198 | two four of whom shall be appointed by the Governor. These two |
2199 | four appointees shall be from scientific disciplines related to |
2200 | public recreation, public land use administration land, water, |
2201 | or environmental sciences. One member shall be appointed by the |
2202 | Commissioner of Agriculture and shall be from a discipline |
2203 | related to agriculture, which may include silviculture. One |
2204 | member shall be appointed by the Fish and Wildlife Conservation |
2205 | Commission and shall be from a discipline related to wildlife |
2206 | management or wildlife ecology. The appointed members They shall |
2207 | serve 4-year terms, except that, initially, to provide for |
2208 | staggered terms, two of the appointees shall serve 2-year terms. |
2209 | All subsequent appointments shall be for 4-year terms. No |
2210 | appointee shall serve more than 6 years. The Governor and the |
2211 | Commissioner of Agriculture shall fill the first two vacancies |
2212 | with one appointment each. The subsequent two vacancies shall be |
2213 | filled by the Governor and the Fish and Wildlife Conservation |
2214 | Commission. The Governor, the Commissioner of Agriculture, or |
2215 | the Fish and Wildlife Conservation Commission may at any time |
2216 | fill a vacancy for their respective appointment for the |
2217 | unexpired term of a member appointed under this paragraph. |
2218 | (b) The five remaining appointees shall be composed of the |
2219 | Secretary of Environmental Protection, the director of the |
2220 | Division of Forestry of the Department of Agriculture and |
2221 | Consumer Services, the executive director of the Fish and |
2222 | Wildlife Conservation Commission, the director of the Division |
2223 | of Historical Resources of the Department of State, and the |
2224 | Director of Community Planning secretary of the Department of |
2225 | Community Affairs, or their respective designees. |
2226 | (c) The Governor shall appoint the chair of the council, |
2227 | and a vice chair shall be elected from among the members. |
2228 | (d) The council shall hold periodic meetings at the |
2229 | request of the chair. |
2230 | (e) The Department of Environmental Protection shall |
2231 | provide primary staff support to the council and shall ensure |
2232 | that council meetings are electronically recorded. Such |
2233 | recording shall be preserved pursuant to chapters 119 and 257. |
2234 | (f) The board of trustees has authority to adopt rules |
2235 | pursuant to ss. 120.536(1) and 120.54 to implement the |
2236 | provisions of this section. |
2237 | (2) The four appointed members of the council shall |
2238 | receive reimbursement for appointed by the Governor shall |
2239 | receive $75 per day while engaged in the business of the |
2240 | council, as well as expenses and per diem for travel to attend |
2241 | council, including attendance at meetings, as allowed state |
2242 | officers and employees while in the performance of their duties, |
2243 | pursuant to s. 112.061. |
2244 | (3) The council shall provide assistance to the board of |
2245 | trustees in reviewing the recommendations and plans for state- |
2246 | owned lands required under ss. 253.034 and 259.032. The council |
2247 | shall, in reviewing such recommendations and plans, consider the |
2248 | optimization of multiple-use and conservation strategies to |
2249 | accomplish the provisions funded pursuant to ss. 259.101(3)(a) |
2250 | and 259.105(3)(b). |
2251 | (4)(a) The council may use existing rules adopted by the |
2252 | board of trustees, until it develops and recommends amendments |
2253 | to those rules, to competitively evaluate, select, and rank |
2254 | projects eligible for the Conservation and Recreation Lands list |
2255 | pursuant to ss. 259.032(3) and 259.101(4) and, beginning no |
2256 | later than May 1, 2001, for Florida Forever funds pursuant to s. |
2257 | 259.105(3)(b). |
2258 | (b) By December 1, 2009, the Acquisition and Restoration |
2259 | Council shall develop rules defining specific criteria and |
2260 | numeric performance measures needed for lands that are to be |
2261 | acquired for public purpose under the Florida Forever program |
2262 | pursuant to s. 259.105. Each recipient of Florida Forever funds |
2263 | shall assist the council in the development of such rules. These |
2264 | rules shall be reviewed and adopted by the Board of Trustees |
2265 | then submitted to the Legislature for consideration by February |
2266 | 1, 2010. The Legislature may reject, modify, or approve the |
2267 | proposed rules. Each recipient of Florida Forever funds shall |
2268 | annually report to the Division of State Lands on each of the |
2269 | numeric performance measures accomplished during the previous |
2270 | fiscal year. |
2271 | (c) In developing or amending the rules, the council shall |
2272 | give weight to the criteria included in s. 259.105(10). The |
2273 | board of trustees shall review the recommendations and shall |
2274 | adopt rules necessary to administer this section. |
2275 | (5) An affirmative vote of five members of the council is |
2276 | required in order to change a project boundary or to place a |
2277 | proposed project on a list developed pursuant to subsection (4). |
2278 | Any member of the council who by family or a business |
2279 | relationship has a connection with all or a portion of any |
2280 | proposed project shall declare the interest before voting on its |
2281 | inclusion on a list. |
2282 | (6) The proposal for a project pursuant to this section or |
2283 | s. 259.105(3)(b) may be implemented only if adopted by the |
2284 | council and approved by the board of trustees. The council shall |
2285 | consider and evaluate in writing the merits and demerits of each |
2286 | project that is proposed for Conservation and Recreation Lands, |
2287 | Florida Preservation 2000, or Florida Forever funding and shall |
2288 | ensure that each proposed project will meet a stated public |
2289 | purpose for the restoration, conservation, or preservation of |
2290 | environmentally sensitive lands and water areas or for providing |
2291 | outdoor recreational opportunities. The council also shall |
2292 | determine whether the project conforms, where applicable, with |
2293 | the comprehensive plan developed pursuant to s. 259.04(1)(a), |
2294 | the comprehensive multipurpose outdoor recreation plan developed |
2295 | pursuant to s. 375.021, the state lands management plan adopted |
2296 | pursuant to s. 253.03(7), the water resources work plans |
2297 | developed pursuant to s. 373.199, and the provisions of s. |
2298 | 259.032, s. 259.101, or s. 259.105, whichever is applicable. |
2299 | Section 16. Section 259.036, Florida Statutes, is amended |
2300 | to read: |
2301 | 259.036 Management review teams.-- |
2302 | (1) To determine whether conservation, preservation, and |
2303 | recreation lands titled in the name of the Board of Trustees of |
2304 | the Internal Improvement Trust Fund are being managed to achieve |
2305 | the long-term management goals of the land management plans |
2306 | provided in s. 253.034, for the purposes for which they were |
2307 | acquired and in accordance with a land management plan adopted |
2308 | pursuant to s. 259.032, the board of trustees, acting through |
2309 | the Division of State Lands Department of Environmental |
2310 | Protection, shall cause periodic management reviews to be |
2311 | conducted as follows: |
2312 | (a) The Division of State Lands department shall establish |
2313 | a regional land management review team composed of the following |
2314 | members: |
2315 | 1. One individual who is from the county or local |
2316 | community in which the parcel or project is located and who is |
2317 | selected by the county commission in the county which is most |
2318 | impacted by the acquisition. |
2319 | 2. One individual from the Division of Recreation and |
2320 | Parks of the department or one individual from the department's |
2321 | district office in which the parcel is located. |
2322 | 3. One individual from the Division of Forestry of the |
2323 | Department of Agriculture and Consumer Services with applied |
2324 | land management experience. |
2325 | 4. One individual from the Fish and Wildlife Conservation |
2326 | Commission with applied wildlife habitat experience. |
2327 | 5. A private land manager selected by the Commissioner of |
2328 | Agriculture One individual from the department's district office |
2329 | in which the parcel is located. |
2330 | 6. A private land manager selected by the executive |
2331 | director of the Fish and Wildlife Conservation Commission |
2332 | mutually agreeable to the state agency representatives. |
2333 | 7. A member selected by of the local soil and water |
2334 | conservation district board of supervisors. |
2335 | 8. A member of a conservation organization selected by the |
2336 | Division of State Lands. |
2337 | (b) The staff of the Division of State Lands shall act as |
2338 | the review team coordinator for the purposes of establishing |
2339 | schedules for the reviews and other staff functions. The |
2340 | Legislature shall appropriate funds necessary to implement land |
2341 | management review team functions. |
2342 | (2) The land management review team shall review select |
2343 | management areas prior to the date the manager is required to |
2344 | submit a 10-year land management plan update. For management |
2345 | areas that exceed 1,000 acres in size, the Division of State |
2346 | Lands shall schedule a land management review at least every 5 |
2347 | years. A copy of the review shall be provided to the land |
2348 | manager, the Acquisition and Restoration Council, and the |
2349 | Division of State Lands for incorporation into the land |
2350 | management plan, and the Acquisition and Restoration Council. |
2351 | The land manager and the Acquisition and Restoration Council |
2352 | shall consider the findings and recommendations of the land |
2353 | management review team in finalizing the required 10-year update |
2354 | of the land its management plan. |
2355 | (3) In conducting a review, the land management review |
2356 | team shall evaluate the extent to which the existing management |
2357 | plan provides sufficient protection to threatened or endangered |
2358 | species, unique or important natural or physical features, |
2359 | geological or hydrological functions, or archaeological |
2360 | features. The review shall also evaluate the extent to which the |
2361 | land is being managed to achieve the goals of the land |
2362 | management plans provided in s. 253.034 for the purposes for |
2363 | which it was acquired and the degree to which actual management |
2364 | practices, including public access, are in compliance with the |
2365 | adopted management plan. As part of the review, the land |
2366 | management review teams shall consider and review the biennial |
2367 | reports and audits provided under s. 253.034. |
2368 | (4) In the event a land management plan has not been |
2369 | adopted within the timeframes specified in s. 259.032(10), the |
2370 | Division of State Lands shall department may direct a management |
2371 | review of the property, to be conducted by the land management |
2372 | review team. The review shall consider the extent to which the |
2373 | land is being managed for the purposes for which it was acquired |
2374 | and the degree to which actual management practices are in |
2375 | compliance with the management policy statement and management |
2376 | prospectus for that property. |
2377 | (5) If the land management review team determines that |
2378 | reviewed lands are not being managed to achieve the goals of the |
2379 | land management plans provided in s. 253.034 for the purposes |
2380 | for which they were acquired or in compliance with the adopted |
2381 | land management plan, management policy statement, or management |
2382 | prospectus, or if the managing agency fails to address the |
2383 | review findings in the updated management plan, the Division of |
2384 | State Lands department shall provide the review findings to the |
2385 | board, and the managing agency must report to the board its |
2386 | reasons for managing the lands as it has. |
2387 | (6) No later than the second board meeting following the |
2388 | submittal of the review in October of each year, the Division of |
2389 | State Lands and the land manager shall department shall report |
2390 | the annual review findings of the its land management review |
2391 | team to the board of trustees. |
2392 | Section 17. Section 259.037, Florida Statutes, is amended |
2393 | to read: |
2394 | 259.037 Land Management Uniform Accounting Council.-- |
2395 | (1) The Land Management Uniform Accounting Council is |
2396 | created within the Department of Environmental Protection and |
2397 | shall consist of the director of the Division of State Lands, |
2398 | the director of the Division of Recreation and Parks, the |
2399 | director of the Office of Coastal and Aquatic Managed Areas, and |
2400 | the director of the Office of Greenways and Trails of the |
2401 | Department of Environmental Protection; the director of the |
2402 | Division of Forestry of the Department of Agriculture and |
2403 | Consumer Services; the executive director of the Fish and |
2404 | Wildlife Conservation Commission; and the director of the |
2405 | Division of Historical Resources of the Department of State, or |
2406 | their respective designees. Each state agency represented on the |
2407 | council shall have one vote. The chair of the council shall |
2408 | rotate annually in the foregoing order of state agencies. The |
2409 | agency of the representative serving as chair of the council |
2410 | shall provide staff support for the council. The Division of |
2411 | State Lands shall serve as the recipient of and repository for |
2412 | the council's documents. The council shall meet at the request |
2413 | of the chair. |
2414 | (2) The Auditor General and the director of the Office of |
2415 | Program Policy Analysis and Government Accountability, or their |
2416 | designees, shall advise the council to ensure that appropriate |
2417 | accounting procedures are utilized and that a uniform method of |
2418 | collecting and reporting accurate costs of land management |
2419 | activities are created and can be used by all agencies. |
2420 | (3)(a) All land management activities and costs must be |
2421 | assigned to a specific category, and any single activity or cost |
2422 | may not be assigned to more than one category. Administrative |
2423 | costs, such as planning or training, shall be segregated from |
2424 | other management activities. Specific management activities and |
2425 | costs must initially be grouped, at a minimum, within the |
2426 | following 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 |
2434 | construction. |
2435 | 8.(d) Capital improvement and infrastructure Facility |
2436 | maintenance. |
2437 | (b) Each reporting agency shall also: |
2438 | 1. List the acres of land requiring minimal management |
2439 | effort, moderate management effort, and significant management |
2440 | effort pursuant to s. 259.032(11)(c). For each category the |
2441 | reporting agency shall include the amount of funds requested, |
2442 | the amount of funds received, and the amount of funds expended |
2443 | for land management. |
2444 | 2. Include a report of the available public use |
2445 | opportunities for each tract of state land, the total management |
2446 | cost for public access and public use, and the cost associated |
2447 | with each use option. |
2448 | 3. List the acres managed and the cost of management for |
2449 | each park, preserve, forest, reserve, or management area. |
2450 | 4. List the acres managed, the cost of management, and the |
2451 | lead manager for state lands tracts for which secondary |
2452 | management activities were provided. |
2453 |
|
2454 | Upon adoption of the initial list of land management categories |
2455 | by the council, agencies assigned to manage conservation or |
2456 | recreation lands shall, on July 1, 2000, begin to account for |
2457 | land management costs in accordance with the category to which |
2458 | an expenditure is assigned. Beginning July 1, 2010, all such |
2459 | costs shall be tied to the land management plan. |
2460 | (4) The council shall report agencies' expenditures |
2461 | pursuant to the adopted categories to the President of the |
2462 | Senate and the Speaker of the House of Representatives annually, |
2463 | beginning July 1, 2001. The council shall also provide this |
2464 | report to the Acquisition and Restoration Council and the |
2465 | Division of State Lands for inclusion in its annual report |
2466 | required pursuant to s. 259.036 259.105. Beginning July 1, 2010, |
2467 | the council shall conduct a review every 5 years and report to |
2468 | the Legislature the value added by the report and provide a |
2469 | recommendation with respect to revising the reporting |
2470 | requirements. |
2471 | (5) Should the council determine that the list of land |
2472 | management categories needs to be revised, it shall meet upon |
2473 | the call of the chair. |
2474 | Section 18. Paragraph (a) of subsection (1) of section |
2475 | 259.04, Florida Statutes, is amended to read: |
2476 | 259.04 Board; powers and duties.-- |
2477 | (1) For projects and acquisitions selected for purchase |
2478 | pursuant to ss. 259.035, 259.101, and 259.105: |
2479 | (a) The board is given the responsibility, authority, and |
2480 | power to develop and execute a comprehensive, statewide 5-year |
2481 | plan to conserve, restore, and protect environmentally |
2482 | endangered lands, ecosystems, lands necessary for outdoor |
2483 | recreational needs, and other lands as identified in ss. |
2484 | 259.032, 259.101, and 259.105. This plan shall be consistent |
2485 | with the rules adopted pursuant to s. 259.035(4)(b) and kept |
2486 | current through continual reevaluation and revision. The |
2487 | advisory council or its successor shall assist the board in the |
2488 | development, reevaluation, and revision of the plan. |
2489 | Section 19. Subsections (1), (2), (3), and (7) of section |
2490 | 259.041, Florida Statutes, are amended to read: |
2491 | 259.041 Acquisition of state-owned lands for preservation, |
2492 | conservation, and recreation purposes.-- |
2493 | (1) Neither the Board of Trustees of the Internal |
2494 | Improvement Trust Fund nor its duly authorized agent shall |
2495 | commit the state, through any instrument of negotiated contract |
2496 | or agreement for purchase, to the purchase of lands with or |
2497 | without appurtenances unless the provisions of this section have |
2498 | been fully complied with. Except for the requirements of |
2499 | subsections (3), (7), (14), and (15), the board of trustees may |
2500 | waive any requirements of this section, may waive any rules |
2501 | adopted pursuant to this section, notwithstanding chapter 120, |
2502 | or may substitute other reasonably prudent procedures, provided |
2503 | the public's interest is reasonably protected. The title to |
2504 | lands acquired pursuant to this section shall vest in the board |
2505 | of trustees as provided in s. 253.03(1), unless otherwise |
2506 | provided by law, and all such titled lands shall be administered |
2507 | pursuant to the provisions of s. 253.03. |
2508 | (2) The board of trustees has authority to adopt rules |
2509 | pursuant to ss. 120.536(1) and 120.54 to implement the |
2510 | provisions of this section, including rules governing the terms |
2511 | and conditions of land purchases. Such rules shall address with |
2512 | specificity, but not be limited to: |
2513 | (a) The procedures to be followed in the acquisition |
2514 | process, including selection of appraisers, surveyors, title |
2515 | agents and closing agents, and the content of appraisal reports. |
2516 | (b) The determination of the value of parcels which the |
2517 | state has an interest to acquire. |
2518 | (c) Special requirements when multiple landowners are |
2519 | involved in an acquisition. |
2520 | (d) Requirements for obtaining written option agreements |
2521 | so that the interests of the state are fully protected. |
2522 | (e) Special requirements when multiple purchasers are |
2523 | involved in an acquisition. |
2524 | (3) No agreement to acquire real property for the purposes |
2525 | described in this chapter, chapter 260, or chapter 375, title to |
2526 | which will vest in the board of trustees, may bind the state |
2527 | unless and until the agreement has been reviewed and approved by |
2528 | the Division of State Lands Department of Environmental |
2529 | Protection as complying with the requirements of this section |
2530 | and any rules adopted pursuant to this section. When the state |
2531 | is a party to a joint acquisition in which another entity is |
2532 | contributing to the agreed contract price, the state |
2533 | contribution shall not exceed the difference between the |
2534 | appraised value, as determined by the state, and the sum of the |
2535 | contributions of the other parties. Where any of the following |
2536 | conditions exist, the agreement shall be submitted to and |
2537 | approved by the board of trustees: |
2538 | (a) The purchase price agreed to by the seller exceeds the |
2539 | value as established pursuant to the rules of the board of |
2540 | trustees; |
2541 | (b) The contract price agreed to by the seller and |
2542 | acquiring agency exceeds $1 million; |
2543 | (c) The acquisition is the initial purchase in a project; |
2544 | or |
2545 | (d) Other conditions that the board of trustees may adopt |
2546 | by rule. Such conditions may include, but not be limited to, |
2547 | projects where title to the property being acquired is |
2548 | considered nonmarketable or is encumbered in such a way as to |
2549 | significantly affect its management. |
2550 |
|
2551 | Where approval of the board of trustees is required pursuant to |
2552 | this subsection, the acquiring agency must provide a |
2553 | justification as to why it is in the public's interest to |
2554 | acquire the parcel or project. Approval of the board of trustees |
2555 | also is required for projects the department recommends |
2556 | acquiring pursuant to subsections (14) and (15). Review and |
2557 | approval of agreements for acquisitions for Florida Greenways |
2558 | and Trails Program properties pursuant to chapter 260 may be |
2559 | waived by the department in any contract with nonprofit |
2560 | corporations that have agreed to assist the department with this |
2561 | program. Where the contribution of the acquiring agency exceeds |
2562 | $100 million in any one fiscal year, the agreement shall be |
2563 | submitted to and approved by the Legislative Budget Commission. |
2564 | (7) Prior to approval by the board of trustees or, when |
2565 | applicable, the Department of Environmental Protection, of any |
2566 | agreement to purchase land pursuant to this chapter, chapter |
2567 | 260, or chapter 375, and prior to negotiations with the parcel |
2568 | owner to purchase any other land, title to which will vest in |
2569 | the board of trustees, an appraisal of the parcel shall be |
2570 | required as follows: |
2571 | (a) The board of trustees shall adopt by rule the method |
2572 | for determining the value of parcels sought to be acquired by |
2573 | state agencies pursuant to this section. |
2574 | (b) Each parcel to be acquired shall have at least one |
2575 | appraisal. Two appraisals are required when the estimated value |
2576 | of the parcel exceeds $500,000. When two appraisals are |
2577 | required, one appraiser shall be selected by the Department of |
2578 | Agriculture and Consumer Services. However, When both appraisals |
2579 | exceed $500,000 and differ significantly, a third appraisal |
2580 | shall may be obtained, with the Department of Financial Services |
2581 | selecting the third appraiser. Two appraisals shall be |
2582 | considered to differ significantly if the higher of the two |
2583 | values exceeds 120 percent of the lower value. When the |
2584 | estimated value of the parcel exceeds $500,000, the review |
2585 | appraiser shall be selected by the Department of Financial |
2586 | Services. To provide for payment by the agency selecting the |
2587 | second and third appraiser and review appraiser, as required by |
2588 | this section, the Department of Environmental Protection shall |
2589 | enter into interagency agreements with the Department of |
2590 | Agriculture and Consumer Services and Department of the |
2591 | Financial Services, whereby funds will be transferred to those |
2592 | agencies for that purpose upon direction of the selecting |
2593 | agency. All appraisers shall be selected from among the list of |
2594 | approved appraisers maintained by the Division of State Lands in |
2595 | accordance with s. 253.025(6)(b). When a parcel is estimated to |
2596 | be worth $100,000 or less and the director of the Division of |
2597 | State Lands finds that the cost of obtaining an outside |
2598 | appraisal is not justified, an appraisal prepared by the |
2599 | division may be used. The state is not required to appraise the |
2600 | value of lands and appurtenances that are being donated to the |
2601 | state. |
2602 | (c) Appraisal fees and associated costs shall be paid by |
2603 | the agency proposing the acquisition. The board of trustees |
2604 | shall approve qualified fee appraisal organizations. All |
2605 | appraisals used for the acquisition of lands pursuant to this |
2606 | section shall be prepared by a member of an approved appraisal |
2607 | organization or by a state-certified appraiser who meets the |
2608 | standards and criteria established in rule by the board of |
2609 | trustees. Each fee appraiser selected to appraise a particular |
2610 | parcel shall, prior to contracting with the agency or a |
2611 | participant in a multiparty agreement, submit to that agency or |
2612 | participant an affidavit substantiating that he or she has no |
2613 | vested or fiduciary interest in such parcel. |
2614 | (d) The fee appraiser and the review appraiser for the |
2615 | agency shall not act in any way that may be construed as |
2616 | negotiating with the property owner. |
2617 | (e) Generally, appraisal reports are confidential and |
2618 | exempt from the provisions of s. 119.07(1), for use by the |
2619 | agency and the board of trustees, until an option contract is |
2620 | executed or, if no option contract is executed, until 2 weeks |
2621 | before a contract or agreement for purchase is considered for |
2622 | approval by the board of trustees. However, the department has |
2623 | the authority, at its discretion, to disclose appraisal reports |
2624 | to private landowners during negotiations for acquisitions using |
2625 | alternatives to fee simple techniques, if the department |
2626 | determines that disclosure of such reports will bring the |
2627 | proposed acquisition to closure. The Division of State Lands may |
2628 | also disclose appraisal information to public agencies or |
2629 | nonprofit organizations that agree to maintain the |
2630 | confidentiality of the reports or information when joint |
2631 | acquisition of property is contemplated, or when a public agency |
2632 | or nonprofit organization enters into a written multiparty |
2633 | agreement with the division to purchase and hold property for |
2634 | subsequent resale to the division. In addition, the division may |
2635 | use, as its own, appraisals obtained by a public agency or |
2636 | nonprofit organization, provided the appraiser is selected from |
2637 | the division's list of appraisers and the appraisal is reviewed |
2638 | and approved by the division. For the purposes of this chapter, |
2639 | "nonprofit organization" means an organization whose purposes |
2640 | include the preservation of natural resources, and which is |
2641 | exempt from federal income tax under s. 501(c)(3) of the |
2642 | Internal Revenue Code. The agency may release an appraisal |
2643 | report when the passage of time has rendered the conclusions of |
2644 | value in the report invalid or when the acquiring agency has |
2645 | terminated negotiations. |
2646 | (f) The Division of State Lands may use, as its own, |
2647 | appraisals obtained by a public agency or nonprofit |
2648 | organization, provided that the appraiser is selected from the |
2649 | division's list of appraisers and the appraisal is reviewed and |
2650 | approved by the division. For the purposes of this chapter, the |
2651 | term "nonprofit organization" means an organization whose |
2652 | purposes include the preservation of natural resources and which |
2653 | is exempt from federal income tax under s. 501(c)(3) of the |
2654 | Internal Revenue Code. |
2655 |
|
2656 | Notwithstanding the provisions of this subsection, on behalf of |
2657 | the board and before the appraisal of parcels approved for |
2658 | purchase under this chapter, the Secretary of Environmental |
2659 | Protection or the director of the Division of State Lands may |
2660 | enter into option contracts to buy such parcels. Any such option |
2661 | contract shall state that the final purchase price is subject to |
2662 | approval by the board or, when applicable, the secretary and |
2663 | that the final purchase price may not exceed the maximum offer |
2664 | allowed by law. Any such option contract presented to the board |
2665 | for final purchase price approval shall explicitly state that |
2666 | payment of the final purchase price is subject to an |
2667 | appropriation from the Legislature. The consideration for such |
2668 | an option may not exceed $1,000 or 0.01 percent of the estimate |
2669 | by the department of the value of the parcel, whichever amount |
2670 | is greater. |
2671 | Section 20. Section 259.07, Florida Statutes, is amended |
2672 | to read: |
2673 | 259.07 Public meetings.--The council, before making |
2674 | recommendations to the board for the purchase of any land |
2675 | pursuant to s. 259.035, shall hold at least two one or more |
2676 | public meetings on the proposed purchase of such land in areas |
2677 | of the state where major portions of such land are situated. At |
2678 | least 30 days in advance of such public meeting, notice shall be |
2679 | published in newspapers of general circulation in the areas |
2680 | where such lands are located, indicating the date, time, and |
2681 | place of such public meeting. A report of the public meeting |
2682 | shall be submitted to the board along with the recommendation |
2683 | for purchase of such land. |
2684 | Section 21. Section 259.105, Florida Statutes, is amended |
2685 | to read: |
2686 | 259.105 The Florida Forever Act.-- |
2687 | (1) This section may be cited as the "Florida Forever |
2688 | Act." |
2689 | (2)(a) The Legislature finds and declares that: |
2690 | 1. Land acquisition programs have The Preservation 2000 |
2691 | program provided tremendous financial resources for purchasing |
2692 | environmentally significant lands to protect those lands from |
2693 | imminent development or further alteration, and have the |
2694 | potential to thwart the conversion of agricultural lands to |
2695 | nonagricultural uses, thereby assuring present and future |
2696 | generations access to important waterways, open spaces, and |
2697 | recreation and conservation lands. |
2698 | 2. The continued alteration and development of Florida's |
2699 | natural and rural areas to accommodate the state's rapidly |
2700 | growing population have contributed to the degradation of water |
2701 | resources, the fragmentation and destruction of wildlife |
2702 | habitats, including imperiled species, the loss of outdoor |
2703 | recreation space, and the diminishment of wetlands, forests, |
2704 | agriculture, working water fronts, coastal open space, and |
2705 | public beaches. |
2706 | 3. The potential development of Florida's remaining |
2707 | natural areas, agricultural lands, and escalation of land values |
2708 | require a continuation of government efforts to restore, bring |
2709 | under public protection, or acquire lands and water areas to |
2710 | preserve the state's invaluable quality of life. |
2711 | 4. It is essential to protect the state's ecosystems by |
2712 | promoting a more efficient use of land, ensuring opportunities |
2713 | for viable agricultural activities on working lands, and |
2714 | promoting vital rural communities which support and produce |
2715 | development patterns consistent with natural resource protection |
2716 | and provide surrogate habitat for wildlife. |
2717 | 5.4. Florida's groundwater, surface waters, and springs |
2718 | are under tremendous pressure due to population growth and |
2719 | economic expansion and require special protection and |
2720 | restoration efforts, including the protection of uplands and |
2721 | springsheds that provide vital recharge to aquifer systems and |
2722 | are critical to the protection of water quality and water |
2723 | quantity of the aquifers and springs. To ensure that sufficient |
2724 | quantities of water are available to meet the current and future |
2725 | needs of the natural systems, including springs and springsheds |
2726 | that provide vital recharge to aquifer systems, and citizens of |
2727 | the state, and assist in achieving the planning goals of the |
2728 | department and the water management districts, water resource |
2729 | development projects and alternative water supplies as defined |
2730 | in s. 373.019 on public lands, where compatible with the |
2731 | resource values of and management objectives for the lands, are |
2732 | appropriate. |
2733 | 6.5. The needs of urban suburban and small communities in |
2734 | Florida for high-quality outdoor recreational opportunities, |
2735 | greenways, trails, and open space have not been fully met by |
2736 | previous acquisition programs. Through such programs as the |
2737 | Florida Communities Trust and the Florida Recreation Development |
2738 | Assistance Program, the state shall place additional emphasis on |
2739 | acquiring, protecting, preserving, and restoring open space, |
2740 | greenways, and recreation properties within urban, suburban, and |
2741 | rural areas where pristine natural communities or water bodies |
2742 | no longer exist because of the proximity of developed property. |
2743 | 7.6. Many of Florida's unique ecosystems, such as the |
2744 | Florida Everglades, are facing ecological collapse due to |
2745 | Florida's burgeoning population growth and other economic |
2746 | activities. To preserve these valuable ecosystems for future |
2747 | generations, essential parcels of land must be acquired to |
2748 | facilitate ecosystem restoration. |
2749 | 8.7. Access to public lands to support a broad range of |
2750 | outdoor recreational opportunities and the development of |
2751 | necessary infrastructure, where compatible with the resource |
2752 | values of and management objectives for such lands, promotes an |
2753 | appreciation for Florida's natural assets and improves the |
2754 | quality of life. |
2755 | 9.8. Acquisition of lands, in fee simple or less-than-fee |
2756 | simple interest, or through other techniques, or in any lesser |
2757 | interest, should be based on a comprehensive science-based |
2758 | assessment of Florida's natural resources that targets essential |
2759 | conservation lands by prioritizing all current and future |
2760 | acquisitions based on a uniform set of data and planned so as to |
2761 | protect the integrity and function of ecological systems and |
2762 | working landscapes, and provide multiple benefits, including |
2763 | preservation of fish and wildlife habitat, recreation space for |
2764 | urban and as well as rural areas, and the restoration of water |
2765 | storage, flow, and recharge. Such acquisition shall be based on |
2766 | the rules adopted pursuant s. 259.035. |
2767 | 10.9. The state has embraced performance-based program |
2768 | budgeting as a tool to evaluate the achievements of publicly |
2769 | funded agencies, build in accountability, and reward those |
2770 | agencies which are able to consistently achieve quantifiable |
2771 | goals. While previous and existing state environmental programs |
2772 | have achieved varying degrees of success, few of these programs |
2773 | can be evaluated as to the extent of their achievements, |
2774 | primarily because performance measures, standards, outcomes, and |
2775 | goals were not established at the outset. Therefore, the Florida |
2776 | Forever program shall be developed and implemented in the |
2777 | context of measurable state goals and objectives. |
2778 | 11. The Legislature recognizes that the state must play a |
2779 | major role in the recovery and management of its imperiled |
2780 | species through the acquisition, restoration, enhancement, and |
2781 | management of ecosystems which can or could support the major |
2782 | life functions of imperiled species. It is the intent of the |
2783 | Legislature to support local, state, and federal programs that |
2784 | provide public and private land owners meaningful incentives to |
2785 | restore, manage, and repopulate such imperiled species habitat |
2786 | on private lands. It is further the intent of the Legislature |
2787 | that public lands, both existing lands and those to be acquired |
2788 | in any fashion, be restored, managed, and repopulated as habitat |
2789 | for imperiled species to advance the goals and objectives of |
2790 | imperiled species management plans approved by the Florida Fish |
2791 | and Wildlife Conservation Commission under commission rules |
2792 | without unnecessarily restricting the use of such land for |
2793 | recreational and water supply uses. As part of the state's role, |
2794 | state lands which include imperiled species habitat shall |
2795 | include as a management activity the restoration, management, |
2796 | and repopulation of such habitats. In addition, the primary land |
2797 | managers of such state lands may use fees received for adverse |
2798 | impacts to imperiled species from private and public projects as |
2799 | a means to restore, manage, and repopulate such land, and such |
2800 | fees received shall be used as a revenue source to implement |
2801 | land management plans developed under s. 253.034 or land |
2802 | management prospectus developed and implemented under this |
2803 | chapter. |
2804 | 12.10. It is the intent of the Legislature to change the |
2805 | focus and direction of the state's major land acquisition |
2806 | programs and to extend funding and bonding capabilities, so that |
2807 | the state fulfills its role in the recovery and management of |
2808 | Florida's imperiled species consistent with the goals and |
2809 | objectives of the imperiled species management plans approved by |
2810 | the Florida Fish and Wildlife Conservation Commission under |
2811 | commission rules; provides ample access to Florida waterways |
2812 | and; enhances adequate water supply to meet the needs of natural |
2813 | systems as well as Florida citizens through the implementation |
2814 | of alternative supplies and water resource development as |
2815 | defined in s. 373.019; ensuring future generations may enjoy the |
2816 | natural resources of Florida. |
2817 | (b) The Legislature recognizes that acquisition is only |
2818 | one way to achieve the aforementioned goals and directs the |
2819 | state's primary land managers to develop encourages the |
2820 | development of creative partnerships between governmental |
2821 | agencies and private landowners. Such partnerships shall include |
2822 | the restoration, repopulation and management of imperiled |
2823 | species habitat on state lands as provided for subparagraph |
2824 | (a)11. Easements acquired pursuant to s. 570.71(2)(a) and (b), |
2825 | land protection agreements, rural land stewardship agreements, |
2826 | sector planning, mitigation, and similar tools should be used, |
2827 | where appropriate, to bring environmentally sensitive tracts |
2828 | under an acceptable level of protection at a lower financial |
2829 | cost to the public, and to provide private landowners with the |
2830 | opportunity to enjoy and benefit from their property. |
2831 | (c) Public agencies or other entities that receive funds |
2832 | under this section shall are encouraged to better coordinate |
2833 | their expenditures so that project acquisitions, when combined |
2834 | with acquisitions under Florida Forever, Preservation 2000, Save |
2835 | Our Rivers, the Florida Communities Trust, and other public land |
2836 | acquisition programs, will form more complete patterns of |
2837 | protection for and management of natural areas, habitat for |
2838 | Florida's wildlife, including imperiled species, ecological |
2839 | greenways, and functioning ecosystems, to better accomplish the |
2840 | intent of this section. Sector planning, rural land stewardship |
2841 | programs, and strategies referenced in subparagraph (a)11. are |
2842 | also to be utilized to form a more complete pattern of restored, |
2843 | managed, and protected ecosystem to accomplish the intent of |
2844 | this section and to advance the goals and objectives of the |
2845 | imperiled species management plans approved by the Florida Fish |
2846 | and Wildlife Conservation Commission under commission rules. |
2847 | (d) A long-term financial commitment to managing Florida's |
2848 | public lands to implement land management plans developed under |
2849 | s. 253.034 or land management prospectus developed and |
2850 | implemented under this chapter must accompany any new land |
2851 | acquisition program to ensure that the natural resource values |
2852 | of such lands are protected, that the public enjoys has the |
2853 | opportunity to enjoy the lands to their fullest potential, and |
2854 | that the state achieves the full benefits of its investment of |
2855 | public dollars. Innovative strategies such as public-private |
2856 | partnerships and interagency planning and sharing of resources |
2857 | shall be used to achieve the state's management goals. |
2858 | (e) With limited dollars available for restoration, |
2859 | management, and acquisition of land and water areas and for |
2860 | providing long-term management and capital improvements, a |
2861 | competitive selection process shall can select those projects |
2862 | best able to meet the goals of Florida Forever and maximize the |
2863 | efficient use of the program's funding. |
2864 | (f) To ensure success and provide accountability to the |
2865 | citizens of this state, it is the intent of the Legislature that |
2866 | any cash or bond proceeds used pursuant to this section be used |
2867 | to implement the goals and objectives recommended by |
2868 | comprehensive science-based assessment and the Florida Forever |
2869 | Advisory Council as approved by the Board of Trustees of the |
2870 | Internal Improvement Trust Fund and the Legislature. |
2871 | (g) As it has with previous land acquisition programs, the |
2872 | Legislature recognizes the desires of the citizens of this state |
2873 | to prosper through economic development and to preserve, |
2874 | restore, and manage the natural areas and recreational open |
2875 | space of Florida. The Legislature further recognizes the urgency |
2876 | of restoring the natural functions of public lands or water |
2877 | bodies before they are degraded to a point where recovery may |
2878 | never occur, yet acknowledges the difficulty of ensuring |
2879 | adequate funding for restoration and management efforts in light |
2880 | of other equally critical financial needs of the state. It is |
2881 | the Legislature's desire and intent to fund the implementation |
2882 | of this section and to do so in a fiscally responsible manner, |
2883 | by issuing bonds to be repaid with documentary stamp tax revenue |
2884 | sources, including those sources identified in subparagraph |
2885 | (a)11. |
2886 | (h) The Legislature further recognizes the important role |
2887 | that many of our state and federal military installations |
2888 | contribute to protecting and preserving Florida's natural |
2889 | resources as well as our economic prosperity. Where the state's |
2890 | land conservation plans overlap with the military's need to |
2891 | protect lands, waters, and habitat to ensure the sustainability |
2892 | of military missions, it is the Legislature's intent that |
2893 | agencies receiving funds under this program cooperate with our |
2894 | military partners to protect and buffer military installations |
2895 | and military airspace, by: |
2896 | 1. Protecting and restoring habitat on nonmilitary land |
2897 | for any species found on military land that is designated as |
2898 | threatened or endangered, or is a candidate for such designation |
2899 | under the Endangered Species Act, or any Florida statute, or any |
2900 | rule of the Fish and Wildlife Conservation Commission; |
2901 | 2. Providing the military with technical assistance to |
2902 | restore, enhance, and manage military land as habitat for |
2903 | imperiled species, species designated as a threatened or |
2904 | endangered species, or species that are candidates for |
2905 | designation as a threatened or endangered species, and for the |
2906 | recovery or reestablishment of such species; |
2907 | 3.2. Protecting areas underlying low-level military air |
2908 | corridors or operating areas; and |
2909 | 4.3. Protecting areas identified as clear zones, accident |
2910 | potential zones, and air installation compatible use buffer |
2911 | zones delineated by our military partners. |
2912 | (3) Less the costs of issuing and the costs of funding |
2913 | reserve accounts and other costs associated with bonds, the |
2914 | proceeds of cash payments or bonds issued pursuant to this |
2915 | section shall be deposited into the Florida Forever Trust Fund |
2916 | created by s. 259.1051. The proceeds shall be distributed by the |
2917 | Department of Environmental Protection in the following manner: |
2918 | (a) Thirty Thirty-five percent to the Department of |
2919 | Environmental Protection for the acquisition and restoration of |
2920 | lands and capital project expenditures necessary to implement |
2921 | the water management districts' priority lists developed |
2922 | pursuant to s. 373.199. The funds are to be distributed to the |
2923 | water management districts as provided in subsection (11). A |
2924 | minimum of 50 percent of the total funds provided over the life |
2925 | of the Florida Forever program pursuant to this paragraph shall |
2926 | be used for the acquisition of lands. |
2927 | (b) Thirty-five percent to the Department of Environmental |
2928 | Protection for the acquisition, restoration, and management of |
2929 | lands and capital project expenditures described in this |
2930 | section. Of the proceeds distributed pursuant to this paragraph, |
2931 | it is the intent of the Legislature that an increased priority |
2932 | be given to those acquisitions which achieve a combination of |
2933 | conservation goals, including protecting Florida's water |
2934 | resources, providing support for developing alternative water |
2935 | supplies and water resource development as defined in s. |
2936 | 373.019, and natural groundwater recharge. At a minimum, 3 |
2937 | percent, and no more than 10 percent, of the funds allocated |
2938 | pursuant to this paragraph, shall be spent on capital project |
2939 | expenditures identified during the time of acquisition that meet |
2940 | land management planning activities necessary for public access |
2941 | Capital project expenditures may not exceed 10 percent of the |
2942 | funds allocated pursuant to this paragraph. |
2943 | (c) Twenty-two percent to the Department of Environmental |
2944 | Protection Community Affairs for use by the Florida Communities |
2945 | Trust for the purposes of part III of chapter 380, as described |
2946 | and limited by this subsection, and grants to local governments |
2947 | or nonprofit environmental organizations that are tax-exempt |
2948 | under s. 501(c)(3) of the United States Internal Revenue Code |
2949 | for the acquisition of community-based projects, urban open |
2950 | spaces, parks, and greenways to implement local government |
2951 | comprehensive plans. From funds available to the trust and used |
2952 | for land acquisition, 75 percent shall be matched by local |
2953 | governments on a dollar-for-dollar basis. The Legislature |
2954 | intends that the Florida Communities Trust emphasize funding |
2955 | projects in low-income or otherwise disadvantaged communities |
2956 | and projects that provide areas for public access and offer |
2957 | public access by vessels to waters of the state, including |
2958 | docks, boat ramps, associated parking, and other amenities. At |
2959 | least 30 percent of the total allocation provided to the trust |
2960 | shall be used in Standard Metropolitan Statistical Areas, but |
2961 | one-half of that amount shall be used in localities in which the |
2962 | project site is located in built-up commercial, industrial, or |
2963 | mixed-use areas and functions to intersperse open spaces within |
2964 | congested urban core areas. From funds allocated to the trust, |
2965 | no less than 5 percent shall be used to acquire lands for |
2966 | recreational trail systems, provided that in the event these |
2967 | funds are not needed for such projects, they will be available |
2968 | for other trust projects. Local governments may use federal |
2969 | grants or loans, private donations, or environmental mitigation |
2970 | funds, including environmental mitigation funds required |
2971 | pursuant to s. 338.250, for any part or all of any local match |
2972 | required for acquisitions funded through the Florida Communities |
2973 | Trust. Any lands purchased by nonprofit organizations using |
2974 | funds allocated under this paragraph must provide for such lands |
2975 | to remain permanently in public use through a reversion of title |
2976 | to local or state government, conservation easement, or other |
2977 | appropriate mechanism. Projects funded with funds allocated to |
2978 | the Trust shall be selected in a competitive process measured |
2979 | against criteria adopted in rule by the Trust. |
2980 | (d) Two percent to the Department of Environmental |
2981 | Protection for grants pursuant to s. 375.075. |
2982 | (e) One and five-tenths percent to the Department of |
2983 | Environmental Protection for the purchase of inholdings and |
2984 | additions to state parks and for capital project expenditures as |
2985 | described in this section. At a minimum, 1 percent, and no more |
2986 | than 10 percent, of the funds allocated pursuant to this |
2987 | paragraph shall be spent on capital project expenditures |
2988 | identified during the time of acquisition that meets land |
2989 | management planning activities necessary for public access |
2990 | Capital project expenditures may not exceed 10 percent of the |
2991 | funds allocated under this paragraph. For the purposes of this |
2992 | paragraph, "state park" means any real property in the state |
2993 | which is under the jurisdiction of the Division of Recreation |
2994 | and Parks of the department, or which may come under its |
2995 | jurisdiction. |
2996 | (f) One and five-tenths percent to the Division of |
2997 | Forestry of the Department of Agriculture and Consumer Services |
2998 | to fund the acquisition of state forest inholdings and additions |
2999 | pursuant to s. 589.07, the implementation of reforestation plans |
3000 | or sustainable forestry management practices, restoration and |
3001 | management of state lands, and for capital project expenditures |
3002 | as described in this section. At a minimum, 1 percent, and no |
3003 | more than 10 percent, of the funds allocated for the acquisition |
3004 | of inholdings and additions pursuant to this paragraph shall be |
3005 | spent on capital project expenditures identified during the time |
3006 | of acquisition that meet land management planning activities |
3007 | necessary for public access Capital project expenditures may not |
3008 | exceed 10 percent of the funds allocated under this paragraph. |
3009 | (g) One and five-tenths percent to the Fish and Wildlife |
3010 | Conservation Commission to fund the acquisition of inholdings |
3011 | and additions to lands managed by the commission which are |
3012 | important to the conservation of fish and wildlife, restoration |
3013 | and management of state lands, and for capital project |
3014 | expenditures as described in this section. At a minimum, 1 |
3015 | percent, and no more than 10 percent, of the funds allocated |
3016 | pursuant to this paragraph shall be spent on capital projects |
3017 | identified during the time of acquisition that meet land |
3018 | management planning activities necessary for public access |
3019 | Capital project expenditures may not exceed 10 percent of the |
3020 | funds allocated under this paragraph. |
3021 | (h) One and five-tenths percent to the Department of |
3022 | Environmental Protection for the Florida Greenways and Trails |
3023 | Program, to acquire greenways and trails or greenways and trail |
3024 | systems pursuant to chapter 260, including, but not limited to, |
3025 | abandoned railroad rights-of-way and the Florida National Scenic |
3026 | Trail and for capital project expenditures as described in this |
3027 | section. At a minimum, 1 percent, and no more than 10 percent, |
3028 | of the funds allocated pursuant to this paragraph shall be spent |
3029 | on capital project expenditures identified during the time of |
3030 | acquisition that meet land management planning activities |
3031 | necessary for public access Capital project expenditures may not |
3032 | exceed 10 percent of the funds allocated under this paragraph. |
3033 | (i) It is the intent of the Legislature that proceeds of |
3034 | Florida Forever bonds distributed under this section shall be |
3035 | expended in an efficient and fiscally responsible manner. An |
3036 | agency that receives proceeds from Florida Forever bonds under |
3037 | this section may not maintain a balance of unencumbered funds in |
3038 | its Florida Forever subaccount beyond 3 fiscal years from the |
3039 | date of deposit of funds from each bond issue. Any funds that |
3040 | have not been expended or encumbered after 3 fiscal years from |
3041 | the date of deposit shall be distributed by the Legislature at |
3042 | its next regular session for use in the Florida Forever program. |
3043 | (j) Five percent to the Conservation and Recreation Lands |
3044 | Program Trust Fund within the Department of Agriculture and |
3045 | Consumer Services to fund the acquisition of fee simple and |
3046 | perpetual easements by the Board of Trustees of the Internal |
3047 | Improvement Trust Fund pursuant to the provisions of s. 570.71. |
3048 | Of the proceeds distributed pursuant to this paragraph, one- |
3049 | third shall be used to fund working waterfront protection |
3050 | agreements or acquisitions of fee simple interest in working |
3051 | waterfronts. The Department of Agriculture and Consumer Services |
3052 | and the Department of Environmental Protection shall coordinate |
3053 | the development of annual workplans for proposed fee simple and |
3054 | less-than-fee simple acquisition projects developed pursuant to |
3055 | this paragraph and those developed pursuant to paragraph |
3056 | (17)(e). Terms of easements proposed for acquisition under this |
3057 | subsection shall be developed by the Department of Agriculture |
3058 | and Consumer Services in coordination with the Division of State |
3059 | Lands. |
3060 | (k)(j) For the purposes of paragraphs (d), (e), (f), and |
3061 | (g), the agencies which receive the funds shall develop their |
3062 | individual acquisition or restoration lists. Proposed additions |
3063 | may be acquired if they are identified within the original |
3064 | project boundary, the management plan required pursuant to s. |
3065 | 253.034(5), or the management prospectus required pursuant to s. |
3066 | 259.032(9)(d), or pursuant to s. 570.71, or if they contain |
3067 | lands that advance the goals and objectives of Florida Fish and |
3068 | Wildlife Conservation Commission approved species or habitat |
3069 | recovery plans. Proposed additions not meeting the requirements |
3070 | of this paragraph shall be submitted to the Acquisition and |
3071 | Restoration Council for approval. The council may only approve |
3072 | the proposed addition if it meets two or more of the following |
3073 | criteria: serves as a link or corridor to other publicly owned |
3074 | property; enhances the protection or management of the property; |
3075 | would add a desirable resource to the property; would create a |
3076 | more manageable boundary configuration; has a high resource |
3077 | value that otherwise would be unprotected; or can be acquired at |
3078 | less than fair market value. |
3079 | (4) It is the intent of the Legislature that projects or |
3080 | acquisitions funded pursuant to paragraphs (3)(a) and (b) |
3081 | contribute to the achievement of the following goals, which |
3082 | shall be evaluated in accordance with specific criteria and |
3083 | numeric performance measures developed pursuant s. 259.035(4): |
3084 | (a) Enhance the coordination and completion of land |
3085 | acquisition projects, as measured by: |
3086 | 1. The number of acres acquired, restored, and managed |
3087 | through the state's land acquisition programs that contribute to |
3088 | the enhancement of essential natural resources, ecosystem |
3089 | service parcels, and connecting linkage corridors as identified |
3090 | and developed by the best available scientific analysis |
3091 | completion of Florida Preservation 2000 projects or projects |
3092 | begun before Preservation 2000; |
3093 | 2. The number of acres protected through the use of |
3094 | alternatives to fee simple acquisition; or |
3095 | 3. The number of shared acquisition projects among Florida |
3096 | Forever funding partners and partners with other funding |
3097 | sources, including local governments and the Federal Government. |
3098 | (b) Increase the protection of Florida's biodiversity at |
3099 | the species, natural community, and landscape levels, as |
3100 | measured by: |
3101 | 1. The number of acres acquired of significant strategic |
3102 | habitat conservation areas; |
3103 | 2. The number of acres acquired of highest priority |
3104 | conservation areas for Florida's rarest plant species and |
3105 | imperiled species; |
3106 | 3. The number of acres acquired of significant landscapes, |
3107 | landscape linkages, and conservation corridors, giving priority |
3108 | to completing linkages; |
3109 | 4. The number of acres acquired of underrepresented native |
3110 | ecosystems; |
3111 | 5. The number of landscape-sized protection areas of at |
3112 | least 50,000 acres that exhibit a mosaic of predominantly intact |
3113 | or restorable natural communities established through new |
3114 | acquisition projects or augmentations to previous projects; or |
3115 | 6. The percentage increase in the number of occurrences of |
3116 | endangered species, threatened species, or species of special |
3117 | concern on publicly managed conservation areas. |
3118 | 7. The number of acres which represent actual or potential |
3119 | imperiled species habitat. |
3120 | (c) Protect, restore, and maintain the quality and natural |
3121 | functions of land, water, and wetland systems of the state, as |
3122 | measured by: |
3123 | 1. The number of acres of publicly owned land identified |
3124 | as needing restoration, acres undergoing restoration, and acres |
3125 | with restoration activities completed; |
3126 | 2. The percentage of water segments that fully meet, |
3127 | partially meet, or do not meet their designated uses as reported |
3128 | in the Department of Environmental Protection's State Water |
3129 | Quality Assessment 305(b) Report; |
3130 | 3. The percentage completion of targeted capital |
3131 | improvements in surface water improvement and management plans |
3132 | created under s. 373.453(2), regional or master stormwater |
3133 | management system plans, or other adopted restoration plans; |
3134 | 4. The number of acres acquired that protect natural |
3135 | floodplain functions; |
3136 | 5. The number of acres acquired that protect surface |
3137 | waters of the state; |
3138 | 6. The number of acres identified for acquisition to |
3139 | minimize damage from flooding and the percentage of those acres |
3140 | acquired; |
3141 | 7. The number of acres acquired that protect fragile |
3142 | coastal resources; |
3143 | 8. The number of acres of functional wetland systems |
3144 | protected; |
3145 | 9. The percentage of miles of critically eroding beaches |
3146 | contiguous with public lands that are restored or protected from |
3147 | further erosion; |
3148 | 10. The percentage of public lakes and rivers in which |
3149 | invasive, nonnative aquatic plants are under maintenance |
3150 | control; or |
3151 | 11. The number of acres of public conservation lands in |
3152 | which upland invasive, exotic plants are under maintenance |
3153 | control; or. |
3154 | 12. The number of acres restored or enhanced that serve as |
3155 | habitat for imperiled species which advance the goals and |
3156 | objectives of Florida Fish and Wildlife Conservation Commission |
3157 | approved species or habitat recovery plans. |
3158 | (d) Ensure that sufficient quantities of water are |
3159 | available to meet the current and future needs of natural |
3160 | systems and the citizens of the state, as measured by: |
3161 | 1. The number of acres acquired which provide retention |
3162 | and storage of surface water in naturally occurring storage |
3163 | areas, such as lakes and wetlands, consistent with the |
3164 | maintenance of water resources or water supplies and consistent |
3165 | with district water supply plans; |
3166 | 2. The quantity of water made available through the water |
3167 | resource development component of a district water supply plan |
3168 | for which a water management district is responsible; or |
3169 | 3. The number of acres acquired of groundwater recharge |
3170 | areas critical to springs, sinks, aquifers, other natural |
3171 | systems, or water supply. |
3172 | 4. The means in which support is provided for the |
3173 | development of alternative water supply projects and water |
3174 | resource development as defined in s. 373.019. |
3175 | (e) Increase natural resource-based public recreational |
3176 | and educational opportunities, as measured by: |
3177 | 1. The number of acres acquired that are available for |
3178 | natural resource-based public recreation or education; |
3179 | 2. The miles of trails that are available for public |
3180 | recreation, giving priority to those that provide significant |
3181 | connections including those that will assist in completing the |
3182 | Florida National Scenic Trail; or |
3183 | 3. The number of new resource-based recreation facilities, |
3184 | by type, made available on public land. |
3185 | (f) Preserve significant archaeological or historic sites, |
3186 | as measured by: |
3187 | 1. The increase in the number of and percentage of |
3188 | historic and archaeological properties listed in the Florida |
3189 | Master Site File or National Register of Historic Places which |
3190 | are protected or preserved for public use; or |
3191 | 2. The increase in the number and percentage of historic |
3192 | and archaeological properties that are in state ownership. |
3193 | (g) Increase the amount of forestland available for |
3194 | sustainable management of natural resources, as measured by: |
3195 | 1. The number of acres acquired that are available for |
3196 | sustainable forest management; |
3197 | 2. The number of acres of state-owned forestland managed |
3198 | for economic return in accordance with current best management |
3199 | practices; |
3200 | 3. The number of acres of forestland acquired that will |
3201 | serve to maintain natural groundwater recharge functions; or |
3202 | 4. The percentage and number of acres identified for |
3203 | restoration actually restored by reforestation; or. |
3204 | 5. The number of acres restored or enhanced that serve as |
3205 | habitat for imperiled species which advance the goals and |
3206 | objectives of the Florida Fish and Wildlife Conservation |
3207 | Commission approved species or habitat recovery plans. |
3208 | (h) Increase the amount of open space available in urban |
3209 | areas, as measured by: |
3210 | 1. The percentage of local governments that participate in |
3211 | land acquisition programs and acquire open space in urban cores; |
3212 | or |
3213 | 2. The percentage and number of acres of purchases of open |
3214 | space within urban service areas. |
3215 | (i) Increase the amount of agricultural and working land |
3216 | protected from conversion and development. |
3217 | 1. The number of acres of agricultural and working lands |
3218 | under perpetual rural land protection easement. |
3219 | 2. The number of acres of agricultural and working lands |
3220 | under time-certain conservation easement. |
3221 | 3. The number of acres under conservation easement |
3222 | providing surrogate habitat for wildlife as determined by the |
3223 | Fish and Wildlife Conservation Commission. |
3224 |
|
3225 | Florida Forever projects and acquisitions funded pursuant to |
3226 | paragraph (3)(c) shall be measured by goals developed by rule by |
3227 | the Florida Communities Trust Governing Board created in s. |
3228 | 380.504. |
3229 | (5)(a) All lands acquired pursuant to this section shall |
3230 | be managed for multiple-use purposes, where compatible with the |
3231 | resource values of and management objectives for such lands. As |
3232 | used in this section, "multiple-use" includes, but is not |
3233 | limited to, outdoor recreational activities as described in ss. |
3234 | 253.034 and 259.032(9)(b), water resource development projects, |
3235 | and sustainable forestry management. |
3236 | (b) Upon a decision by the entity in which title to lands |
3237 | acquired pursuant to this section has vested, such lands may be |
3238 | designated single use as defined in s. 253.034(2)(b). |
3239 | (6) As provided in this section, a water resource or water |
3240 | supply development project may be allowed only if the following |
3241 | conditions are met: minimum flows and levels have been |
3242 | established for those waters, if any, which may reasonably be |
3243 | expected to experience significant harm to water resources as a |
3244 | result of the project; the project complies with all applicable |
3245 | permitting requirements; and the project is consistent with the |
3246 | regional water supply plan, if any, of the water management |
3247 | district and with relevant recovery or prevention strategies if |
3248 | required pursuant to s. 373.0421(2). |
3249 | (7)(a) Beginning no later than July 1, 2001, and every |
3250 | year thereafter, the Acquisition and Restoration Council shall |
3251 | accept applications from state agencies, local governments, |
3252 | nonprofit and for-profit organizations, private land trusts, and |
3253 | individuals for project proposals eligible for funding pursuant |
3254 | to paragraph (3)(b). The council shall evaluate the proposals |
3255 | received pursuant to this subsection to ensure that they meet at |
3256 | least one of the criteria under subsection (9). |
3257 | (b) Project applications shall contain, at a minimum, the |
3258 | following: |
3259 | 1. A minimum of two numeric performance measures that |
3260 | directly relate to the overall goals adopted by the council. |
3261 | Each performance measure shall include a baseline measurement, |
3262 | which is the current situation; a performance standard which the |
3263 | project sponsor anticipates the project will achieve; and the |
3264 | performance measurement itself, which should reflect the |
3265 | incremental improvements the project accomplishes towards |
3266 | achieving the performance standard. |
3267 | 2. Proof that property owners within any proposed |
3268 | acquisition have been notified of their inclusion in the |
3269 | proposed project. Any property owner may request the removal of |
3270 | such property from further consideration by submitting a request |
3271 | to the project sponsor or the Acquisition and Restoration |
3272 | Council by certified mail. Upon receiving this request, the |
3273 | council shall delete the property from the proposed project; |
3274 | however, the board of trustees, at the time it votes to approve |
3275 | the proposed project lists pursuant to subsection (16), may add |
3276 | the property back on to the project lists if it determines by a |
3277 | super majority of its members that such property is critical to |
3278 | achieve the purposes of the project. |
3279 | (c) The title to lands acquired under this section shall |
3280 | vest in the Board of Trustees of the Internal Improvement Trust |
3281 | Fund, except that title to lands acquired by a water management |
3282 | district shall vest in the name of that district and lands |
3283 | acquired by a local government shall vest in the name of the |
3284 | purchasing local government. |
3285 | (8) The Acquisition and Restoration Council shall develop |
3286 | a project list that shall represent those projects submitted |
3287 | pursuant to subsection (7). |
3288 | (9) The Acquisition and Restoration Council shall |
3289 | recommend rules for adoption by the board of trustees to |
3290 | competitively evaluate, select, and rank projects eligible for |
3291 | Florida Forever funds pursuant to paragraph (3)(b) and for |
3292 | additions to the Conservation and Recreation Lands list pursuant |
3293 | to ss. 259.032 and 259.101(4). In developing these proposed |
3294 | rules, the Acquisition and Restoration Council shall give weight |
3295 | to the following criteria: |
3296 | (a) The project meets multiple goals described in |
3297 | subsection (4). |
3298 | (b) The project is part of an ongoing governmental effort |
3299 | to restore, protect, or develop land areas or water resources. |
3300 | (c) The project enhances or facilitates management of |
3301 | properties already under public ownership. |
3302 | (d) The project has significant archaeological or historic |
3303 | value. |
3304 | (e) The project has funding sources that are identified |
3305 | and assured through at least the first 2 years of the project. |
3306 | (f) The project includes the acquisition, restoration, |
3307 | repopulation, or management of habitat for imperiled species. |
3308 | (g)(f) The project contributes to the solution of water |
3309 | resource problems on a regional basis. |
3310 | (h)(g) The project has a significant portion of its land |
3311 | area in imminent danger of development, in imminent danger of |
3312 | losing its significant natural attributes or recreational open |
3313 | space, or in imminent danger of subdivision which would result |
3314 | in multiple ownership and make acquisition of the project costly |
3315 | or less likely to be accomplished. |
3316 | (i)(h) The project implements an element from a plan |
3317 | developed by an ecosystem management team or advances the goals |
3318 | and objectives of Florida Fish and Wildlife Conservation |
3319 | Commission approved species or habitat recovery plans. |
3320 | (j)(i) The project is one of the components of the |
3321 | Everglades restoration effort. |
3322 | (k)(j) The project may be purchased at 80 percent of |
3323 | appraised value or prevents the conversion and development of |
3324 | agricultural and working lands. |
3325 | (l)(k) The project may be acquired, in whole or in part, |
3326 | through tax incentives, mitigation funds, or other revenues, and |
3327 | using alternatives to fee simple, including but not limited to, |
3328 | purchase of development rights, hunting rights, agricultural or |
3329 | silvicultural rights, or mineral rights or obtaining |
3330 | conservation easements or flowage easements. |
3331 | (m)(l) The project is a joint acquisition, either among |
3332 | public agencies, nonprofit organizations, or private entities, |
3333 | or by a public-private partnership. |
3334 | (10) The Acquisition and Restoration Council shall give |
3335 | increased priority to those projects for which matching funds |
3336 | are available and to project elements previously identified on |
3337 | an acquisition list pursuant to this section that can be |
3338 | acquired at 80 percent or less of appraised value. The council |
3339 | shall also give increased priority to those projects where the |
3340 | state's land conservation plans overlap with the military's need |
3341 | to protect lands, water, and habitat to ensure the |
3342 | sustainability of military missions including: |
3343 | (a) Protecting habitat on nonmilitary land for any species |
3344 | found on military land that is designated as threatened or |
3345 | endangered, or is a candidate for such designation under the |
3346 | Endangered Species Act or any Florida statute; |
3347 | (b) Protecting areas underlying low-level military air |
3348 | corridors or operating areas; and |
3349 | (c) Protecting areas identified as clear zones, accident |
3350 | potential zones, and air installation compatible use buffer |
3351 | zones delineated by our military partners, and for which federal |
3352 | or other funding is available to assist with the project. |
3353 | (11) For the purposes of funding projects pursuant to |
3354 | paragraph (3)(a), the Secretary of Environmental Protection |
3355 | shall ensure that each water management district receives the |
3356 | following percentage of funds annually: |
3357 | (a) Thirty-five percent to the South Florida Water |
3358 | Management District, of which amount $25 million for 2 years |
3359 | beginning in fiscal year 2000-2001 shall be transferred by the |
3360 | Department of Environmental Protection into the Save Our |
3361 | Everglades Trust Fund and shall be used exclusively to implement |
3362 | the comprehensive plan under s. 373.470. |
3363 | (b) Twenty-five percent to the Southwest Florida Water |
3364 | Management District. |
3365 | (c) Twenty-five percent to the St. Johns River Water |
3366 | Management District. |
3367 | (d) Seven and one-half percent to the Suwannee River Water |
3368 | Management District. |
3369 | (e) Seven and one-half percent to the Northwest Florida |
3370 | Water Management District. |
3371 | (12) It is the intent of the Legislature that in |
3372 | developing the list of projects for funding pursuant to |
3373 | paragraph (3)(a), that these funds not be used to abrogate the |
3374 | financial responsibility of those point and nonpoint sources |
3375 | that have contributed to the degradation of water or land areas. |
3376 | Therefore, an increased priority shall be given by the water |
3377 | management district governing boards to those projects that have |
3378 | secured a cost-sharing agreement allocating responsibility for |
3379 | the cleanup of point and nonpoint sources. |
3380 | (13) An affirmative vote of five members of the |
3381 | Acquisition and Restoration Council shall be required in order |
3382 | to place a proposed project on the list developed pursuant to |
3383 | subsection (8). Any member of the council who by family or a |
3384 | business relationship has a connection with any project proposed |
3385 | to be ranked shall declare such interest prior to voting for a |
3386 | project's inclusion on the list. |
3387 | (14) Each year that cash disbursements or bonds are to be |
3388 | issued pursuant to this section, the Acquisition and Restoration |
3389 | Council shall review the most current approved project list and |
3390 | shall, by the first board meeting in May, present to the Board |
3391 | of Trustees of the Internal Improvement Trust Fund for approval |
3392 | a listing of projects developed pursuant to subsection (8). The |
3393 | board of trustees may remove projects from the list developed |
3394 | pursuant to this subsection, but may not add projects or |
3395 | rearrange project rankings. |
3396 | (15) The Acquisition and Restoration Council shall submit |
3397 | to the board of trustees, with its list of projects, a report |
3398 | that includes, but shall not be limited to, the following |
3399 | information 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 |
3403 | with s. 253.034 that includes all costs associated with |
3404 | immediate public access. |
3405 | (d) Specific performance measures. |
3406 | (e) Plans for public access. |
3407 | (f) An identification of the essential parcel or parcels |
3408 | within the project without which the project cannot be properly |
3409 | managed. |
3410 | (g) Where applicable, an identification of those projects |
3411 | or parcels within projects which should be acquired in fee |
3412 | simple or in less than fee simple. |
3413 | (h) An identification of those lands being purchased for |
3414 | conservation purposes. |
3415 | (i) A management policy statement for the project and a |
3416 | management prospectus pursuant to s. 259.032(9)(d). |
3417 | (j) An estimate of land value based on county tax assessed |
3418 | values. |
3419 | (k) A map delineating project boundaries. |
3420 | (l) An assessment of the project's ecological value, |
3421 | outdoor recreational value, forest resources, wildlife |
3422 | resources, ownership pattern, utilization, and location. |
3423 | (m) A discussion of whether alternative uses are proposed |
3424 | for 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 |
3428 | by the Acquisition and Restoration Council and approved by the |
3429 | board of trustees. The council shall consider and evaluate in |
3430 | writing the merits and demerits of each project that is proposed |
3431 | for Florida Forever funding and each proposed addition to the |
3432 | Conservation and Recreation Lands list program. The council |
3433 | shall ensure that each proposed project will meet a stated |
3434 | public purpose for the restoration, conservation, or |
3435 | preservation of environmentally sensitive lands and water areas |
3436 | or for providing outdoor recreational opportunities and that |
3437 | each proposed addition to the Conservation and Recreation Lands |
3438 | list will meet the public purposes under s. 259.032(3) and, when |
3439 | applicable, s. 259.101(4). The council also shall determine |
3440 | whether the project or addition conforms, where applicable, with |
3441 | the comprehensive plan developed pursuant to s. 259.04(1)(a), |
3442 | the comprehensive multipurpose outdoor recreation plan developed |
3443 | pursuant to s. 375.021, the state lands management plan adopted |
3444 | pursuant to s. 253.03(7), the water resources work plans |
3445 | developed pursuant to s. 373.199, and the provisions of this |
3446 | section. |
3447 | (17) On an annual basis, the Division of State Lands shall |
3448 | prepare an annual work plan that prioritizes projects on the |
3449 | Florida Forever list and sets forth the funding available in the |
3450 | fiscal year for land acquisition. The work plan shall consider |
3451 | the following categories of expenditure for land conservation |
3452 | projects already selected for the Florida Forever list pursuant |
3453 | to subsection (8). |
3454 | (a) A critical natural lands category including functional |
3455 | landscape-scale natural systems, intact large hydrological |
3456 | systems, lands with significant imperiled natural communities, |
3457 | and corridors linking large landscapes as identified and |
3458 | developed by the best available scientific analysis. |
3459 | (b) A partnerships or regional incentive category, |
3460 | including: |
3461 | 1. Projects where local and regional cost-share agreements |
3462 | provide a lower cost and greater conservation benefit to the |
3463 | people of the state. Additional consideration shall be provided |
3464 | under this category where parcels are identified as part of a |
3465 | local or regional visioning process and are supported by |
3466 | scientific analysis; |
3467 | 2. Bargain and shared projects where the state will |
3468 | receive a significant reduction in price for public ownership of |
3469 | land as a result of the removal of development rights or other |
3470 | interests in lands, or receives alternative or matching funds. |
3471 | (c) A substantially complete category of projects where |
3472 | mainly inholdings, additions, and linkages between preserved |
3473 | areas will be acquired and where 85 percent of the project is |
3474 | complete. |
3475 | (d) A climate change category list of lands where |
3476 | acquisition or other conservation measures will address the |
3477 | challenges of global climate change, such as through protection, |
3478 | restoration, mitigation, and strengthening of Florida's land, |
3479 | water, and coastal resources. This category includes lands which |
3480 | provide opportunities to sequester carbon, provide habitat, |
3481 | protect coastal lands or barrier islands, and otherwise mitigate |
3482 | and help adapt to the effects of sea level rise, and meet other |
3483 | objectives of the program. |
3484 | (e) A less-than-fee category for working agricultural |
3485 | lands that significantly contributes to resource protection |
3486 | through conservation easements and other less-than-fee |
3487 | techniques, tax incentives, life estates, landowner agreements, |
3488 | and other partnerships, including conservation easements |
3489 | acquired in partnership with federal conservation programs, that |
3490 | will achieve the objectives of Florida Forever while allowing |
3491 | the continuation of compatible agricultural uses on the land. |
3492 | Terms of easements proposed for acquisition under this category |
3493 | shall be developed by the Division of State lands in |
3494 | coordination with the Department of Agriculture and Consumer |
3495 | Services. |
3496 | |
3497 | The workplan shall be adopted by the Acquisition and Restoration |
3498 | Council after at least one public hearing. A copy of the |
3499 | workplan shall be provided to the Board of Trustees of the |
3500 | Internal Improvement Trust Fund no later than October 1 of each |
3501 | year. |
3502 | (18)(17)(a) The Board of Trustees of the Internal |
3503 | Improvement Trust Fund, or, in the case of water management |
3504 | district lands, the owning water management district, may |
3505 | authorize the granting of a lease, easement, or license for the |
3506 | use of certain lands acquired pursuant to this section, for |
3507 | certain uses that are determined by the appropriate board to be |
3508 | compatible with the resource values of and management objectives |
3509 | for such lands. |
3510 | (b) Any existing lease, easement, or license acquired for |
3511 | incidental public or private use on, under, or across any lands |
3512 | acquired pursuant to this section shall be presumed to be |
3513 | compatible with the purposes for which such lands were acquired. |
3514 | (c) Notwithstanding the provisions of paragraph (a), no |
3515 | such lease, easement, or license shall be entered into by the |
3516 | Department of Environmental Protection or other appropriate |
3517 | state agency if the granting of such lease, easement, or license |
3518 | would adversely affect the exclusion of the interest on any |
3519 | revenue bonds issued to fund the acquisition of the affected |
3520 | lands from gross income for federal income tax purposes, |
3521 | pursuant to Internal Revenue Service regulations. |
3522 | (19)(18) The Acquisition and Restoration Council shall |
3523 | recommend adoption of rules by the board of trustees necessary |
3524 | to implement the provisions of this section relating to: |
3525 | solicitation, scoring, selecting, and ranking of Florida Forever |
3526 | project proposals; disposing of or leasing lands or water areas |
3527 | selected for funding through the Florida Forever program; and |
3528 | the process of reviewing and recommending for approval or |
3529 | rejection the land management plans associated with publicly |
3530 | owned properties. Rules promulgated pursuant to this subsection |
3531 | shall be submitted to the President of the Senate and the |
3532 | Speaker of the House of Representatives, for review by the |
3533 | Legislature, no later than 30 days prior to the 2001 Regular |
3534 | Session and shall become effective only after legislative |
3535 | review. In its review, the Legislature may reject, modify, or |
3536 | take no action relative to such rules. The board of trustees |
3537 | shall conform such rules to changes made by the Legislature, or, |
3538 | if no action was taken by the Legislature, such rules shall |
3539 | become effective. |
3540 | (20)(19) Lands listed as projects for acquisition, |
3541 | restoration, or management under the Florida Forever program may |
3542 | be managed for conservation pursuant to s. 259.032, on an |
3543 | interim basis by a private party in anticipation of a state |
3544 | purchase, or on a permanent basis after state purchase, in |
3545 | accordance with a contractual arrangement between the acquiring |
3546 | agency and the private party that may include management service |
3547 | contracts, leases, cost-share arrangements, or resource |
3548 | conservation agreements. Lands designated as eligible under this |
3549 | subsection shall be managed to maintain or enhance the resources |
3550 | the state is seeking to protect by acquiring the land and to |
3551 | accelerate public access to the lands. Funding for these |
3552 | contractual arrangements may originate from the documentary |
3553 | stamp tax revenue deposited into the Conservation and Recreation |
3554 | Lands Trust Fund and Water Management Lands Trust Fund. No more |
3555 | than 5 percent of funds allocated under the trust funds shall be |
3556 | expended for this purpose. In addition, funding obtained from |
3557 | sources as provided in subparagraph (2)(a)11. shall be deposited |
3558 | into the Land Acquisition Trust Fund. |
3559 | (21)(20) The use of rural-lands-protection easements as |
3560 | described in s. 570.71(3) and rural lands stewardship areas |
3561 | described in s. 163.3177(11)(d) are encouraged as a way to |
3562 | maintain working lands while furthering the goals of this |
3563 | chapter. The Acquisition and Restoration Council, as successors |
3564 | to the Land Acquisition and Management Advisory Council, may |
3565 | amend existing Conservation and Recreation Lands projects and |
3566 | add to or delete from the 2000 Conservation and Recreation Lands |
3567 | list until funding for the Conservation and Recreation Lands |
3568 | program has been expended. The amendments to the 2000 |
3569 | Conservation and Recreation Lands list will be reported to the |
3570 | board of trustees in conjunction with the council's report |
3571 | developed pursuant to subsection (15). |
3572 | Section 22. Subsection (1) of section 259.1051, Florida |
3573 | Statutes, is amended to read: |
3574 | 259.1051 Florida Forever Trust Fund.-- |
3575 | (1) There is created the Florida Forever Trust Fund to |
3576 | carry out the purposes of ss. 259.032, 259.105, 259.1052, and |
3577 | 375.031. The Florida Forever Trust Fund shall be held and |
3578 | administered by the Department of Environmental Protection. |
3579 | Proceeds from the sale of bonds, except proceeds of refunding |
3580 | bonds, issued under s. 215.618 and payable from moneys |
3581 | transferred to the Land Acquisition Trust Fund under s. |
3582 | 201.15(1)(a), not to exceed $5.3 $3 billion, must be deposited |
3583 | into this trust fund to be distributed and used as provided in |
3584 | s. 259.105(3). The bond resolution adopted by the governing |
3585 | board of the Division of Bond Finance of the State Board of |
3586 | Administration may provide for additional provisions that govern |
3587 | the disbursement of the bond proceeds. |
3588 | Section 23. Paragraph (a) of subsection (3) of section |
3589 | 373.503, Florida Statutes, is amended, subsection (5) is |
3590 | renumbered as subsection (6), and a new subsection (5) is added |
3591 | to that section, to read: |
3592 | 373.503 Manner of taxation.-- |
3593 | (3)(a) Subject to annual authorization by the Legislature |
3594 | to levy ad valorem taxes under subsection (5), the districts may |
3595 | levy ad valorem taxes on property within the district solely for |
3596 | the purposes of this chapter and of chapter 25270, 1949, Laws of |
3597 | Florida, as amended, and chapter 61-691, Laws of Florida, as |
3598 | amended. The authority to levy ad valorem taxes as provided in |
3599 | this act shall commence with the year 1977. However, the taxes |
3600 | levied for 1977 by the governing boards pursuant to this section |
3601 | shall be prorated to ensure that no such taxes will be levied |
3602 | for the first 4 days of the tax year, which days will fall prior |
3603 | to the effective date of the amendment to s. 9(b), Art. VII of |
3604 | the State Constitution, which was approved March 9, 1976. When |
3605 | appropriate, taxes levied by each governing board may be |
3606 | separated by the governing board into a millage necessary for |
3607 | the purposes of the district and a millage necessary for |
3608 | financing basin functions specified in s. 373.0695. Beginning |
3609 | with the taxing year 1977, and Notwithstanding the provisions of |
3610 | any other general or special law to the contrary and subject to |
3611 | annual authorization by the Legislature to levy ad valorem taxes |
3612 | under subsection (5), the maximum total millage rate for |
3613 | district 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 |
3620 | continue to be in proportion to the benefits derived by the |
3621 | several parcels of real estate within the districts, the |
3622 | Legislature shall annually review the authorized millage rate |
3623 | for each district and annually set the maximum amount of revenue |
3624 | authorized to be raised by each district from the taxes |
3625 | authorized by this chapter. However, if the annual maximum |
3626 | amount of revenue authorized to be raised by each district is |
3627 | not set by the Legislature on or before July 1 of each year, |
3628 | each district is authorized to raise the amount of revenue |
3629 | authorized by the Legislature in the preceding fiscal year and |
3630 | adjusted by the percentage change in the Consumer Price Index |
3631 | for 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 |
3634 | Statutes, are amended to read: |
3635 | 373.536 District budget and hearing thereon.-- |
3636 | (1) FISCAL YEAR.--The fiscal year of districts created |
3637 | under the provisions of this chapter shall extend from July |
3638 | October 1 of one year through June September 30 of the following |
3639 | year. |
3640 | (2) BUDGET SUBMITTAL.--The budget officer of the district |
3641 | shall, on or before July 15 of each year, submit for |
3642 | consideration by the governing board of the district a tentative |
3643 | budget for the district covering its proposed operations and |
3644 | funding requirements for the ensuing fiscal year. |
3645 | (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND |
3646 | APPROVAL.-- |
3647 | (c) Each water management district shall, by February |
3648 | August 1 of each year, submit for review a tentative budget to |
3649 | the Governor, the President of the Senate, the Speaker of the |
3650 | House of Representatives, the chairs of all legislative |
3651 | committees and subcommittees with substantive or fiscal |
3652 | jurisdiction over water management districts, as determined by |
3653 | the President of the Senate or the Speaker of the House of |
3654 | Representatives as applicable, the secretary of the department, |
3655 | and the governing body of each county in which the district has |
3656 | jurisdiction or derives any funds for the operations of the |
3657 | district. |
3658 | (e) By September 5 of the year in which the budget is |
3659 | submitted, the House and Senate appropriations chairs may |
3660 | transmit to each district comments and objections to the |
3661 | proposed budgets. Each district governing board shall include a |
3662 | response to such comments and objections in the record of the |
3663 | governing board meeting where final adoption of the budget takes |
3664 | place, and the record of this meeting shall be transmitted to |
3665 | the Executive Office of the Governor, the department, and the |
3666 | chairs of the House and Senate appropriations committees. |
3667 | (e)(f) The Executive Office of the Governor shall |
3668 | annually, on or before September December 15, file with the |
3669 | Legislature a report that summarizes its review of the water |
3670 | management districts' tentative budgets and displays the adopted |
3671 | budget allocations by program area. The report must identify the |
3672 | districts that are not in compliance with the reporting |
3673 | requirements of this section. State funds shall be withheld from |
3674 | a water management district that fails to comply with these |
3675 | reporting requirements. |
3676 | Section 25. For the 2008-2009 and 2009-2010 fiscal years, |
3677 | notwithstanding any law to the contrary, the water management |
3678 | districts are directed to budget and plan for their fiscal |
3679 | management to conform to the provisions of this act. |
3680 | Section 26. Section 373.073, Florida Statutes, is amended |
3681 | to read: |
3682 | 373.073 Governing board.-- |
3683 | (1)(a) The governing board of each water management |
3684 | district shall be composed of 9 members who shall reside within |
3685 | the district, except that the Southwest Florida Water Management |
3686 | District shall be composed of 13 members who shall reside within |
3687 | the district. Members of the governing boards shall be nominated |
3688 | by the nominating council created in s. 350.031 and appointed by |
3689 | the Governor, subject to confirmation by the Senate pursuant to |
3690 | subsection (5). at the next regular session of the Legislature, |
3691 | and The refusal or failure of the Senate to confirm an |
3692 | appointment creates a vacancy in the office to which the |
3693 | appointment was made. The term of office for a governing board |
3694 | member is 4 years and commences on June March 2 of the year in |
3695 | which the appointment is confirmed made and terminates on June |
3696 | March 1 of the fourth calendar year of the term or may continue |
3697 | until a successor is appointed, but not more than 180 days. |
3698 | Terms of office of governing board members shall be staggered to |
3699 | help maintain consistency and continuity in the exercise of |
3700 | governing board duties and to minimize disruption in district |
3701 | operations. |
3702 | (b) Commencing January 1, 1999, the Governor shall appoint |
3703 | the following number of governing board members in each year of |
3704 | the Governor's 4-year term of office: |
3705 | 1. In the first year of the Governor's term of office, the |
3706 | Governor shall appoint three members to the governing board of |
3707 | each district. |
3708 | 2. In the second year of the Governor's term of office, |
3709 | the Governor shall appoint three members to the governing board |
3710 | of the Southwest Florida Water Management District and two |
3711 | members to the governing board of each other district. |
3712 | 3. In the third year of the Governor's term of office, the |
3713 | Governor shall appoint three members to the governing board of |
3714 | the Southwest Florida Water Management District and two members |
3715 | to the governing board of each other district. |
3716 | 4. In the fourth year of the Governor's term of office, |
3717 | the Governor shall appoint two members to the governing board of |
3718 | each district. |
3719 |
|
3720 | For any governing board vacancy that occurs before the date |
3721 | scheduled for the office to be filled under this paragraph, the |
3722 | nominating council created in s. 350.031 shall nominate and the |
3723 | Governor shall appoint a person meeting residency requirements |
3724 | of subsection (2) for a term that will expire on the date |
3725 | scheduled for the term of that office to terminate under this |
3726 | subsection. In addition to the residency requirements for the |
3727 | governing boards as provided by subsection (2), the Governor |
3728 | shall consider appointing governing board members to represent |
3729 | an equitable cross-section of regional interests and technical |
3730 | expertise. |
3731 | (2) A person may not be nominated to serve as a member of |
3732 | a water management district governing board until the nominating |
3733 | council created in s. 350.031 has determined that the person has |
3734 | Membership on governing boards shall be selected from candidates |
3735 | who have significant experience in one or more of the following |
3736 | areas, including, but not limited to: agriculture, the |
3737 | development industry, local government, government-owned or |
3738 | privately owned water utilities, law, civil engineering, |
3739 | environmental science, hydrology, accounting, or financial |
3740 | businesses. The nominating council created in s. 350.031 shall |
3741 | nominate appointees to represent an equitable cross-section of |
3742 | regional interests and technical expertise. Recommendations of |
3743 | the nominating council created in s. 350.031 shall be |
3744 | nonpartisan. Notwithstanding the provisions of any other general |
3745 | or special law to the contrary, vacancies in the governing |
3746 | boards of the water management districts shall be filled |
3747 | according to the following residency requirements, representing |
3748 | areas designated by the United States Water Resources Council in |
3749 | United States Geological Survey, River Basin and Hydrological |
3750 | Unit 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 |
3753 | designated as the "Perdido River Basin-Perdido Bay Coastal Area- |
3754 | Lower Conecuh River-Escambia River Basin" hydrologic units and |
3755 | that portion of the "Escambia Bay Coastal Area" hydrologic unit |
3756 | which lies west of Pensacola Bay and Escambia Bay. |
3757 | 2. One member shall reside in the area generally |
3758 | designated as the "Blackwater River Basin-Yellow River Basin- |
3759 | Choctawhatchee Bay Coastal Area" hydrologic units and that |
3760 | portion of the "Escambia Bay Coastal Area" hydrologic unit which |
3761 | lies east of Pensacola Bay and Escambia Bay. |
3762 | 3. One member shall reside in the area generally |
3763 | designated as the "Choctawhatchee River Basin-St. Andrews Bay |
3764 | Coastal Area" hydrologic units. |
3765 | 4. One member shall reside in the area generally |
3766 | designated as the "Lower Chattahoochee-Apalachicola River- |
3767 | Chipola River Basin-Coastal Area between Ochlockonee River |
3768 | Apalachicola Rivers-Apalachicola Bay coastal area and offshore |
3769 | islands" hydrologic units. |
3770 | 5. One member shall reside in the area generally |
3771 | designated as the "Ochlockonee River Basin-St. Marks and Wakulla |
3772 | Rivers and coastal area between Aucilla and Ochlockonee River |
3773 | Basin" hydrologic units. |
3774 | 6. Four members shall be appointed at large, except that |
3775 | no county shall have more than two members on the governing |
3776 | board. |
3777 | (b) Suwannee River Water Management District: |
3778 | 1. One member shall reside in the area generally |
3779 | designated as the "Aucilla River Basin" hydrologic unit. |
3780 | 2. One member shall reside in the area generally |
3781 | designated as the "Coastal Area between Suwannee and Aucilla |
3782 | Rivers" hydrologic unit. |
3783 | 3. One member shall reside in the area generally |
3784 | designated as the "Withlacoochee River Basin-Alapaha River |
3785 | Basin-Suwannee River Basin above the Withlacoochee River" |
3786 | hydrologic units. |
3787 | 4. One member shall reside in the area generally |
3788 | designated as the "Suwannee River Basin below the Withlacoochee |
3789 | River excluding the Santa Fe River Basin" hydrologic unit. |
3790 | 5. One member shall reside in the area generally |
3791 | designated as the "Santa Fe Basin-Waccasassa River and coastal |
3792 | area between Withlacoochee and Suwannee River" hydrologic units. |
3793 | 6. Four members shall be appointed at large, except that |
3794 | no county shall have more than two members on the governing |
3795 | board. |
3796 | (c) St. Johns River Water Management District: |
3797 | 1. One member shall reside in the area generally |
3798 | designated as the "St. Marys River Basin-Coastal area between |
3799 | St. Marys and St. Johns Rivers" hydrologic units. |
3800 | 2. One member shall reside in the area generally |
3801 | designated as the "St. Johns River Basin below Oklawaha River- |
3802 | Coastal area between the St. Johns River and Ponce de Leon |
3803 | Inlet" hydrologic units. |
3804 | 3. One member shall reside in the area generally |
3805 | designated as the "Oklawaha River Basin" hydrologic unit. |
3806 | 4. One member shall reside in the area generally |
3807 | designated as the "St. Johns River Basin above the Oklawaha |
3808 | River" hydrologic unit. |
3809 | 5. One member shall reside in the area generally |
3810 | designated as the "Coastal area between Ponce de Leon Inlet and |
3811 | Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie River" |
3812 | hydrologic units. |
3813 | 6. Four members shall be appointed at large, except that |
3814 | no county shall have more than two members on the governing |
3815 | board. |
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, |
3821 | Hendry County, or Charlotte County. |
3822 | 5. One member shall reside in Glades County, Okeechobee |
3823 | County, Highlands County, Polk County, Orange County, or Osceola |
3824 | County. |
3825 | 6. Two members, appointed at large, shall reside in an |
3826 | area consisting of St. Lucie, Martin, Palm Beach, Broward, Dade, |
3827 | and Monroe Counties. |
3828 | 7. One member, appointed at large, shall reside in an area |
3829 | consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola, |
3830 | Okeechobee, Polk, Highlands, and Orange Counties. |
3831 | 8. No county shall have more than three members on the |
3832 | governing 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 |
3836 | Hillsborough 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, |
3842 | Citrus, Sumter, and Lake Counties. |
3843 | 8. One member shall be appointed at large from Hardee, |
3844 | DeSoto, and Highlands Counties. |
3845 | 9. One member shall be appointed at large from Marion and |
3846 | Hernando Counties. |
3847 | 10. One member shall be appointed at large from Sarasota |
3848 | and Charlotte Counties. |
3849 | (3) It is the responsibility of the nominating council |
3850 | created in s. 350.031 to nominate to the Governor three persons |
3851 | for each vacancy on the governing boards of any of the five |
3852 | water management districts. The nominating council created in s. |
3853 | 350.031 shall submit the recommendations to the Governor by |
3854 | December 31 for the seats of those governing board members whose |
3855 | terms are to expire the following calendar year, or within 90 |
3856 | days after a vacancy occurs for any reason other than the |
3857 | expiration of the term. |
3858 | (4) The Governor shall select from the list of nominees |
3859 | provided by the nominating council created in s. 350.031. The |
3860 | Governor shall fill a vacancy occurring on the governing board |
3861 | of a water management district by appointment of one of the |
3862 | applicants nominated by the nominating council created in s. |
3863 | 350.031 only after a background investigation of such applicant |
3864 | has been conducted by the Florida Department of Law Enforcement. |
3865 | If the Governor does not made an appointment within 60 |
3866 | consecutive calendar days after the receipt of the |
3867 | recommendations, the nominating council created in s. 350.031 |
3868 | shall initiate, in accordance with this section, the nominating |
3869 | process within 30 days. |
3870 | (5) Each appointment to the governing board of a water |
3871 | management district shall be subject to confirmation by the |
3872 | Senate during the next regular session of the Legislature after |
3873 | the vacancy occurs. If the Senate refuses to confirm or fails to |
3874 | consider the appointment of the Governor, the nominating council |
3875 | created in s. 350.031 shall, in accordance with this section, |
3876 | initiate the nominating process in 30 days. Under no |
3877 | circumstances may an appointee serve on the governing board of a |
3878 | water management district until confirmed by the Senate. |
3879 | Section 27. Paragraph (b) of subsection (1) of section |
3880 | 373.1391, 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 |
3884 | general public for recreational uses. General public |
3885 | recreational purposes shall include, but not be limited to, |
3886 | fishing, hunting, horseback riding, swimming, camping, hiking, |
3887 | canoeing, boating, diving, birding, sailing, jogging, and other |
3888 | related outdoor activities to the maximum extent possible |
3889 | considering the environmental sensitivity and suitability of |
3890 | those lands. These public lands shall be evaluated for their |
3891 | resource value for the purpose of establishing which parcels, in |
3892 | whole or in part, annually or seasonally, would be conducive to |
3893 | general public recreational purposes. Such findings shall be |
3894 | included in management plans which are developed for such public |
3895 | lands. These lands shall be made available to the public for |
3896 | these purposes, unless the district governing board can |
3897 | demonstrate that such activities would be incompatible with the |
3898 | purposes for which these lands were acquired. The department in |
3899 | its supervisory capacity shall ensure that the districts provide |
3900 | consistent levels of public access to district lands, consistent |
3901 | with the purposes for which the lands were acquired. |
3902 | Section 28. Paragraph (h) of subsection (4) of section |
3903 | 373.199, Florida Statutes, is amended to read: |
3904 | 373.199 Florida Forever Water Management District Work |
3905 | Plan.-- |
3906 | (4) The list submitted by the districts shall include, |
3907 | where applicable, the following information for each project: |
3908 | (h) A clear and concise An estimate of the funding needed |
3909 | to carry out the restoration, protection, or improvement |
3910 | project, or the development of new water resources, where |
3911 | applicable, and a clear and concise identification of the |
3912 | projected sources of the funding for the uses of Florida Forever |
3913 | funds. |
3914 | Section 29. Section 570.71, Florida Statutes, is amended |
3915 | to read: |
3916 | 570.71 Conservation easements and agreements.-- |
3917 | (1) The department, on behalf of the Board of Trustees of |
3918 | the Internal Improvement Trust Fund, may allocate moneys to |
3919 | acquire perpetual, less-than-fee interest in land, to enter into |
3920 | agricultural protection agreements, and to enter into resource |
3921 | conservation agreements, and to enter into working waterfront |
3922 | protection agreements for the following public purposes: |
3923 | (a) Promotion and improvement of wildlife habitat; |
3924 | (b) Protection and enhancement of water bodies, aquifer |
3925 | recharge areas, wetlands, and watersheds; |
3926 | (c) Perpetuation of open space on lands with significant |
3927 | natural areas; or |
3928 | (d) Protection of agricultural lands threatened by |
3929 | conversion to other uses. |
3930 | (e) Protection of working waterfronts. |
3931 | (2) To achieve the purposes of this act, beginning no |
3932 | sooner than July 1, 2002, and every year thereafter, The |
3933 | department may accept applications for project proposals that: |
3934 | (a) Purchase conservation easements, as defined in s. |
3935 | 704.06. |
3936 | (b) Purchase rural-lands-protection easements pursuant to |
3937 | this act. |
3938 | (c) Fund resource conservation agreements pursuant to this |
3939 | act. |
3940 | (d) Fund agricultural protection agreements pursuant to |
3941 | this act. |
3942 | (e) Fund working waterfront protection agreements pursuant |
3943 | to this act. |
3944 | (f) Fund fee simple acquisitions in working waterfronts |
3945 | pursuant to subsection (12). |
3946 | (3) Rural-lands-protection easements shall be a perpetual |
3947 | right or interest in agricultural land which is appropriate to |
3948 | retain such land in predominantly its current state and to |
3949 | prevent the subdivision and conversion of such land into other |
3950 | uses. This right or interest in property shall prohibit only the |
3951 | following: |
3952 | (a) Construction or placing of buildings, roads, |
3953 | billboards or other advertising, utilities, or structures, |
3954 | except those structures and unpaved roads necessary for the |
3955 | agricultural operations on the land or structures necessary for |
3956 | other activities allowed under the easement, and except for |
3957 | linear facilities described in s. 704.06(11); |
3958 | (b) Subdivision of the property; |
3959 | (c) Dumping or placing of trash, waste, or offensive |
3960 | materials; and |
3961 | (d) Activities that affect the natural hydrology of the |
3962 | land or that detrimentally affect water conservation, erosion |
3963 | control, soil conservation, or fish or wildlife habitat, except |
3964 | those required for environmental restoration; federal, state, or |
3965 | local government regulatory programs; or best management |
3966 | practices. |
3967 | (4) Resource conservation agreements will be contracts for |
3968 | services which provide annual payments to landowners for |
3969 | services that actively improve habitat and water restoration or |
3970 | conservation on their lands over and above that which is already |
3971 | required by law or which provide recreational opportunities. |
3972 | They will be for a term of not less than 5 years and not more |
3973 | than 10 years. Property owners will become eligible to enter |
3974 | into a resource conservation agreement only upon entering into a |
3975 | conservation easement or rural lands protection easement. |
3976 | (5) Agricultural protection agreements shall be for terms |
3977 | of 30 years and will provide payments to landowners having |
3978 | significant natural areas on their land. Public access and |
3979 | public recreational opportunities may be negotiated at the |
3980 | request of the landowner. |
3981 | (a) For the length of the agreement, the landowner shall |
3982 | agree to prohibit: |
3983 | 1. Construction or placing of buildings, roads, billboards |
3984 | or other advertising, utilities, or structures, except those |
3985 | structures and unpaved roads necessary for the agricultural |
3986 | operations on the land or structures necessary for other |
3987 | activities allowed under the easement, and except for linear |
3988 | facilities described in s. 704.06(11); |
3989 | 2. Subdivision of the property; |
3990 | 3. Dumping or placing of trash, waste, or offensive |
3991 | materials; and |
3992 | 4. Activities that affect the natural hydrology of the |
3993 | land, or that detrimentally affect water conservation, erosion |
3994 | control, soil conservation, or fish or wildlife habitat. |
3995 | (b) As part of the agricultural protection agreement, the |
3996 | parties shall agree that the state shall have a right to buy a |
3997 | conservation easement or rural land protection easement at the |
3998 | end of the 30-year term. If the landowner tenders the easement |
3999 | for the purchase and the state does not timely exercise its |
4000 | right to buy the easement, the landowner shall be released from |
4001 | the agricultural agreement. The purchase price of the easement |
4002 | shall be established in the agreement and shall be based on the |
4003 | value of the easement at the time the agreement is entered into, |
4004 | plus a reasonable escalator multiplied by the number of full |
4005 | calendar years following the date of the commencement of the |
4006 | agreement. The landowner may transfer or sell the property |
4007 | before the expiration of the 30-year term, but only if the |
4008 | property is sold subject to the agreement and the buyer becomes |
4009 | the successor in interest to the agricultural protection |
4010 | agreement. Upon mutual consent of the parties, a landowner may |
4011 | enter into a perpetual easement at any time during the term of |
4012 | an agricultural protection agreement. |
4013 | (6) Working waterfront protection agreements shall be |
4014 | perpetual less-than-fee interest in lands that currently or |
4015 | historically have been used as a working waterfront. The |
4016 | agreements shall prevent the conversion of the land into other |
4017 | inconsistent uses and shall maintain the use of the land in its |
4018 | predominate historical or current state. |
4019 | (7)(6) Payment for conservation easements, and rural land |
4020 | protection easements, working waterfront protection agreements, |
4021 | and working waterfront acquisitions shall be a lump-sum payment |
4022 | at the time the easement or agreement is entered into. |
4023 | (8)(7) Landowners entering into an agricultural protection |
4024 | agreement may receive up to 50 percent of the purchase price at |
4025 | the time the agreement is entered into, and remaining payments |
4026 | on the balance shall be equal annual payments over the term of |
4027 | the agreement. |
4028 | (9)(8) Payments for the resource conservation agreements |
4029 | shall be equal annual payments over the term of the agreement. |
4030 | (10)(9) Easements purchased pursuant to this act may not |
4031 | prevent landowners from transferring the remaining fee value |
4032 | with the easement. |
4033 | (11)(10) The department, in consultation with the |
4034 | Department of Environmental Protection, the water management |
4035 | districts, the Department of Community Affairs, and the Florida |
4036 | Fish and Wildlife Conservation Commission, shall adopt rules |
4037 | that establish an application process, a process and criteria |
4038 | for setting priorities for use of funds consistent with the |
4039 | purposes specified in subsection (1) and giving preference to |
4040 | ranch and timber lands managed using sustainable practices, an |
4041 | appraisal process, and a process for title review and compliance |
4042 | and approval of the rules by the Board of Trustees of the |
4043 | Internal Improvement Trust Fund. |
4044 | (12) Notwithstanding any other provision of law, the |
4045 | department, on behalf of the Board of Trustees of the Internal |
4046 | Improvement Trust Fund, is authorized to acquire fee simple |
4047 | interest in working waterfront properties. Such acquisitions are |
4048 | to prevent further loss of Florida's cultural history and the |
4049 | marine industries supported by working waterfronts. For purposes |
4050 | of chapters 253 and 259 and this chapter, "working waterfronts" |
4051 | means a parcel or parcels of real property that support water- |
4052 | dependent commercial activities, including commercial fishing, |
4053 | or that provide public access to state waters. |
4054 | (a) Working waterfront acquisitions by fee simple |
4055 | acquisition may be completed by the department in whole or in |
4056 | partnership with other entities. |
4057 | (b) Working waterfront acquisitions shall be managed by |
4058 | the department. The department is authorized to enter into |
4059 | management agreements with other entities for the management of |
4060 | the acquisitions. |
4061 | (13)(11) If a landowner objects to having his or her |
4062 | property included in any lists or maps developed to implement |
4063 | this act, the department shall remove the property from any such |
4064 | lists or maps upon receipt of the landowner's written request to |
4065 | do so. |
4066 | (14)(12) The department is authorized to use funds from |
4067 | the 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 |
|
4074 | Any such funds provided shall be deposited into the Conservation |
4075 | and Recreation Lands Program Trust Fund within the Department of |
4076 | Agriculture and Consumer Services and used for the purposes of |
4077 | this act. |
4078 | (15)(13) No more than 10 percent of any funds made |
4079 | available to implement this act shall be expended for resource |
4080 | conservation agreements and agricultural protection agreements. |
4081 | Section 30. All of the statutory powers, duties and |
4082 | functions, records, personnel, property, and unexpended balances |
4083 | of appropriations, allocations, or other funds for the |
4084 | administration of sections 380.501 through 380.515, Florida |
4085 | Statutes, relating to the Florida Communities Trust, shall be |
4086 | transferred by a type two transfer, as defined in s. 20.06(2), |
4087 | Florida Statutes, from the Department of Community Affairs to |
4088 | the Department of Environmental Protection. |
4089 | Section 31. The Legislature recognizes that there is a |
4090 | need to conform the Florida Statutes to the organizational |
4091 | changes in this act and that there may be a need to resolve |
4092 | apparent conflicts with any other legislation that has been or |
4093 | may be enacted during the 2008 Regular Session. Therefore, in |
4094 | the interim between this act becoming a law and the 2009 Regular |
4095 | Session of the Legislature or an earlier special session |
4096 | addressing this issue, the Division of Statutory Revision shall |
4097 | provide the relevant substantive committees of the Senate and |
4098 | the House of Representatives with assistance, upon request, to |
4099 | enable such committees to prepare draft legislation to conform |
4100 | the Florida Statutes and any legislation enacted during 2008 to |
4101 | the provisions of this act. |
4102 | Section 32. This act shall take effect July 1, 2008. |