HB 1355

1
A bill to be entitled
2An act relating to the Department of Environmental
3Protection; providing legislative intent; transferring the
4Office of Coastal and Aquatic Managed Areas and related
5state law enforcement officer positions within the Bureau
6of Park Police in the Department of Environmental
7Protection to the Fish and Wildlife Conservation
8Commission; requiring the Department of Environmental
9Protection and the Fish and Wildlife Conservation
10Commission to prepare a specified plan and submit the plan
11to the Legislature; directing the Office of Program Policy
12Analysis and Government Accountability to conduct a
13specified study and submit the study to the Legislature;
14directing the Department of Environmental Protection to
15issue a request for proposals for a public-private land
16management demonstration pilot project for state parks and
17greenways and trails; specifying requirements for the
18project; requiring the Office of Program Policy Analysis
19and Government Accountability to prepare and submit a
20report to the Governor, the Legislature, the Acquisition
21and Restoration Council, and the Legislative Budget
22Commission; directing the Department of Environmental
23Protection, in consultation with the Fish and Wildlife
24Conservation Commission and the Department of Agriculture
25and Consumer Services, to issue a request for proposals
26for a public-private land management demonstration pilot
27project for specified conservation lands; specifying
28requirements for the project; requiring a third-party
29certified auditor to prepare and submit a report to the
30Governor, the Legislature, the Acquisition and Restoration
31Council, and the Legislative Budget Commission; amending
32ss. 20.331, 253.86, and 259.037, F.S.; conforming
33provisions to changes made by the act; providing an
34effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  The Legislature finds and declares:
39     (1)  Land acquisition programs have provided tremendous
40financial resources for purchasing environmentally significant
41lands to protect those lands from imminent development or
42alteration, thereby ensuring present and future generations'
43access to important waterways, open spaces, and recreation and
44conservation lands.
45     (2)  Over the past 30 years, Florida has invested more than
46$6 billion to conserve approximately 3.8 million acres of land
47for environmental, recreational, and preservation purposes. With
48a total of 3.8 million acres of conservation land purchased in
49Florida, 2.4 million acres were purchased under the Florida
50Forever and Preservation 2000 programs. Much of this land is
51open to the public for recreation, including a total of more
52than 500 state parks, preserves, forests, wildlife management
53areas, and other conservation and recreation areas.
54     (3)  The Florida Legislature has declared that state
55conservation lands shall be managed to maintain or enhance the
56resources the state is seeking to protect by acquiring the land
57and to accelerate public access to the lands as soon as
58practicable.
59     (4)  A long-term financial commitment to restoring,
60enhancing, and managing Florida's public lands is required to
61implement land management plans to ensure that:
62     (a)  The natural resource values of such lands are
63restored, enhanced, managed, and protected;
64     (b)  The public enjoys the lands to their fullest
65potential; and
66     (c)  The state achieves the full benefits of its investment
67of public dollars.
68     (5)  Most of the state's conservation lands are managed by
69the following state agencies:
70     (a)  The Division of Forestry in the Department of
71Agriculture and Consumer Services.
72     (b)  The Fish and Wildlife Conservation Commission.
73     (c)  The Division of Recreation and Parks in the Department
74of Environmental Protection.
75     (d)  The Office of Greenways and Trails in the Department
76of Environmental Protection.
77     (e)  The Office of Coastal and Aquatic Managed Areas in the
78Department of Environmental Protection.
79     (6)  Land management expenditures have generally increased
80over the last 7 years, increasing from approximately $173
81million in fiscal year 2001-2002 to approximately $215 million
82in fiscal year 2006-2007. The average expenditure per acre
83managed in fiscal year 2006-2007 was $66, but expenditures per
84acre managed varied greatly from agency to agency and parcel to
85parcel.
86     (7)  In its October report on the methodology and formula
87for allocating land management funds, the Land Management
88Uniform Accounting Council, created in s. 259.037, Florida
89Statutes, concluded that the current level of land management
90funding clearly will be insufficient to provide for the full
91funding of land management needs.
92     (8)  If the state is to achieve the full benefits of its
93investment of public dollars in conversation lands, it must
94manage these lands as effectively and efficiently as possible.
95     (9)  With limited financial resources to fund competing
96priorities and increasing funding needs to manage public lands,
97the state cannot afford to fund unnecessary duplicative
98management functions in multiple state agencies. Although the
99five state agencies that manage the state's conservation lands
100all have different management approaches to address the missions
101and purposes of each respective agency, the land management
102approach should be governed by the purposes for which the
103conservation lands were acquired.
104     (10)  A privatization pilot program for land management
105would allow the Legislature to better evaluate the effectiveness
106and efficiency of the state's land management activities by:
107     (a)  Identifying and achieving cost efficiencies and
108reductions in administrative and operating costs; and
109     (b)  Reducing duplication.
110     Section 2.  All powers, duties, functions, rules, records,
111personnel, property, and unexpended balances of appropriations,
112allocations, and other funds of the Office of Coastal and
113Aquatic Managed Areas and any related state law enforcement
114officer positions within the Bureau of Park Police are
115transferred intact by a type two transfer, as defined in s.
11620.06(2), Florida Statutes, from the Department of Environmental
117Protection to the Fish and Wildlife Conservation Commission.
118Such transfer shall be completed by July 1, 2010.
119     Section 3.  The Department of Environmental Protection and
120the Fish and Wildlife Conservation Commission shall jointly
121develop a transition plan, including a fiscal analysis, for the
122transfer of the Office of Coastal and Aquatic Managed Areas and
123any related state law enforcement officer positions within the
124Bureau of Park Police from the Department of Environmental
125Protection to the Fish and Wildlife Conservation Commission. The
126plan shall be submitted to the President of the Senate and the
127Speaker of the House of Representatives no later than December
1281, 2009.
129     Section 4.  The Office of Program Policy Analysis and
130Government Accountability is directed to conduct a study of the
131Division of Recreation and Parks, excluding the Office of
132Coastal and Aquatic Managed Areas and any related state law
133enforcement officer positions transferred pursuant to this act,
134the Bureau of Park Police, and the Division of State Lands in
135the Department of Environmental Protection to determine the most
136efficient means of centralizing the land management activities
137of the state, including, but not limited to, recommendations for
138restructuring or subdividing acquisition and management
139responsibilities. The study shall be submitted to the President
140of the Senate and the Speaker of the House of Representatives no
141later than December 1, 2009.
142     Section 5.  The Department of Environmental Protection
143shall issue a request for proposals for a public-private land
144management demonstration pilot project for a period of 5 years.
145The pilot project area shall consist of existing state parks and
146greenways and trails. The request for proposals shall be awarded
147no later than December 31, 2009. Proposals shall not exceed an
148average management cost of $75 per acre per year. Once awarded,
149the contractor shall prepare a land management plan consistent
150with the duties and responsibilities of the agencies and submit
151this plan to the Acquisition and Restoration Council for
152approval, and provide a copy of the plan to the Legislative
153Budget Commission. Any funds appropriated for the land
154management pilot program shall be held in budget reserve until
155such time as the department submits and the Legislative Budget
156Commission approves a plan which includes a recommended request
157for proposals regarding the expenditure of the funds. The
158contractor shall be responsible for all land management
159activities except for law enforcement. The effectiveness of this
160project shall be reviewed and compared to other state land
161management results by the Office of Program Policy Analysis and
162Government Accountability. The Office of Program Policy Analysis
163and Government Accountability shall submit its report to the
164Governor, the President of the Senate, the Speaker of the House
165of Representatives, the Acquisition and Restoration Council, and
166the Legislative Budget Commission.
167     Section 6.  The Department of Environmental Protection, in
168consultation with the Fish and Wildlife Conservation Commission
169and the Department of Agriculture and Consumer Services, shall
170issue a request for proposals for a public-private conservation
171land management demonstration pilot project for a period of 5
172years. The request for proposals must clearly state the
173management goals for the conservation lands and allow private
174contractors to propose how these goals would be met within the
175prescribed budget. In addition, the Legislature is particularly
176interested in how a contractor would account for and report
177costs, activities, and achievements; and innovate the manner in
178which management plans are formulated, presented, and
179implemented. A performance bond of no more than $1 million will
180be required for this contract, and the agency may not cancel
181this contract unless the contractor is in default of the
182contract. The pilot project area shall consist of approximately
183250,000 acres and shall consist of existing state forests, state
184wildlife management areas, state park lands not primarily
185managed for recreation, submerged lands, and properties formerly
186managed as coastal buffer preserves. To the maximum extent
187practicable, the project area shall be proportionately
188distributed across lands currently managed by the Department of
189Environmental Protection, the Fish and Wildlife Conservation
190Commission, and the Department of Agriculture and Consumer
191Services and shall be located within reasonable proximity to
192each other. The request for proposals shall be awarded no later
193than December 31, 2009. To achieve cost savings to the state,
194proposals may not exceed an average management cost of $25 per
195acre per year. Once awarded, the contractor shall prepare a land
196management plan consistent with the duties and responsibilities
197of the agencies and the certification standard of the Forest
198Stewardship Council, submit this plan to the Acquisition and
199Restoration Council for review and approval, and provide a copy
200of the plan to the Legislative Budget Commission. Any funds
201appropriated for the land management pilot program shall be held
202in budget reserve until such time as the department submits and
203the Legislative Budget Commission approves a plan which includes
204a recommended request for proposals regarding the expenditure of
205the funds. The contractor shall be responsible for all land
206management activities except for law enforcement. The
207effectiveness of this project shall be reviewed, compared to
208other state land management results, and certified by a Forest
209Stewardship Council third-party certified auditor. The auditor
210shall submit its report to the Governor, the President of the
211Senate, the Speaker of the House of Representatives, the
212Acquisition and Restoration Council, and the Legislative Budget
213Commission.
214     Section 7.  Subsection (4) of section 20.331, Florida
215Statutes, is amended to read:
216     20.331  Fish and Wildlife Conservation Commission.--
217     (4)  PROGRAM AND RESEARCH SERVICES.--Within the Fish and
218Wildlife Conservation Commission, the principal unit for program
219services is a "division" or an "office" headed by a "director."
220The principal subunit of the division is a "section" headed by a
221"leader." The principal subunit of the section is a "subsection"
222headed by an "administrator."
223     (a)  The following divisions, sections, and office section
224are created within the commission:
225     1.  Division of Freshwater Fisheries Management.
226     2.  Division of Habitat and Species Conservation.
227     3.  Division of Hunting and Game Management.
228     4.  Division of Law Enforcement. There is created within
229the division the Boating and Waterways Section and the Coastal
230and Aquatic Managed Areas Section with duties and
231responsibilities as provided in paragraph (7)(e).
232     5.  Division of Marine Fisheries Management.
233     6.  Office of Coastal and Aquatic Managed Areas.
234     (b)  The principal unit for research services within the
235commission is the Fish and Wildlife Research Institute, which
236shall be headed by a director.
237     Section 8.  Subsection (1) of section 253.86, Florida
238Statutes, is amended to read:
239     253.86  Management and use of state-owned or other uplands;
240rulemaking authority.--
241     (1)  The Office of Coastal and Aquatic Managed Areas of the
242Fish and Wildlife Conservation Commission Department of
243Environmental Protection shall have the authority to promulgate
244rules to govern the management and use of state-owned or other
245uplands assigned to it for management. Such rules may include,
246but shall not be limited to, establishing prohibited activities
247or restrictions on activities, consistent with the purposes for
248which the lands were acquired, designated, or dedicated, and
249charging fees for use of lands. All fees collected shall be used
250for the management of uplands managed by the office.
251     Section 9.  Subsection (1) of section 259.037, Florida
252Statutes, is amended to read:
253     259.037  Land Management Uniform Accounting Council.--
254     (1)  The Land Management Uniform Accounting Council is
255created within the Department of Environmental Protection and
256shall consist of the director of the Division of State Lands,
257the director of the Division of Recreation and Parks, the
258director of the Office of Coastal and Aquatic Managed Areas, and
259the director of the Office of Greenways and Trails of the
260Department of Environmental Protection; the director of the
261Division of Forestry of the Department of Agriculture and
262Consumer Services; the executive director and the director of
263the Office of Coastal and Aquatic Managed Areas of the Fish and
264Wildlife Conservation Commission; and the director of the
265Division of Historical Resources of the Department of State, or
266their respective designees. Each state agency represented on the
267council shall have one vote. The chair of the council shall
268rotate annually in the foregoing order of state agencies. The
269agency of the representative serving as chair of the council
270shall provide staff support for the council. The Division of
271State Lands shall serve as the recipient of and repository for
272the council's documents. The council shall meet at the request
273of the chair.
274     Section 10.  This act shall take effect July 1, 2009.


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