| 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. |