| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Environmental |
| 3 | Protection; providing legislative intent; transferring the |
| 4 | Office of Coastal and Aquatic Managed Areas and related |
| 5 | state law enforcement officer positions within the Bureau |
| 6 | of Park Police in the Department of Environmental |
| 7 | Protection to the Fish and Wildlife Conservation |
| 8 | Commission; requiring the Department of Environmental |
| 9 | Protection and the Fish and Wildlife Conservation |
| 10 | Commission to prepare a specified plan and submit the plan |
| 11 | to the Legislature; directing the Office of Program Policy |
| 12 | Analysis and Government Accountability to conduct a |
| 13 | specified study and submit the study to the Legislature; |
| 14 | directing the Department of Environmental Protection to |
| 15 | issue a request for proposals for a public-private land |
| 16 | management demonstration pilot project for state parks and |
| 17 | greenways and trails; specifying requirements for the |
| 18 | project; requiring the Office of Program Policy Analysis |
| 19 | and Government Accountability to prepare and submit a |
| 20 | report to the Governor, the Legislature, the Acquisition |
| 21 | and Restoration Council, and the Legislative Budget |
| 22 | Commission; directing the Department of Environmental |
| 23 | Protection, in consultation with the Fish and Wildlife |
| 24 | Conservation Commission and the Department of Agriculture |
| 25 | and Consumer Services, to issue a request for proposals |
| 26 | for a public-private land management demonstration pilot |
| 27 | project for specified conservation lands; specifying |
| 28 | requirements for the project; requiring a third-party |
| 29 | certified auditor to prepare and submit a report to the |
| 30 | Governor, the Legislature, the Acquisition and Restoration |
| 31 | Council, and the Legislative Budget Commission; amending |
| 32 | ss. 20.331, 253.86, and 259.037, F.S.; conforming |
| 33 | provisions to changes made by the act; providing an |
| 34 | effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. The Legislature finds and declares: |
| 39 | (1) Land acquisition programs have provided tremendous |
| 40 | financial resources for purchasing environmentally significant |
| 41 | lands to protect those lands from imminent development or |
| 42 | alteration, thereby ensuring present and future generations' |
| 43 | access to important waterways, open spaces, and recreation and |
| 44 | conservation 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 |
| 47 | for environmental, recreational, and preservation purposes. With |
| 48 | a total of 3.8 million acres of conservation land purchased in |
| 49 | Florida, 2.4 million acres were purchased under the Florida |
| 50 | Forever and Preservation 2000 programs. Much of this land is |
| 51 | open to the public for recreation, including a total of more |
| 52 | than 500 state parks, preserves, forests, wildlife management |
| 53 | areas, and other conservation and recreation areas. |
| 54 | (3) The Florida Legislature has declared that state |
| 55 | conservation lands shall be managed to maintain or enhance the |
| 56 | resources the state is seeking to protect by acquiring the land |
| 57 | and to accelerate public access to the lands as soon as |
| 58 | practicable. |
| 59 | (4) A long-term financial commitment to restoring, |
| 60 | enhancing, and managing Florida's public lands is required to |
| 61 | implement land management plans to ensure that: |
| 62 | (a) The natural resource values of such lands are |
| 63 | restored, enhanced, managed, and protected; |
| 64 | (b) The public enjoys the lands to their fullest |
| 65 | potential; and |
| 66 | (c) The state achieves the full benefits of its investment |
| 67 | of public dollars. |
| 68 | (5) Most of the state's conservation lands are managed by |
| 69 | the following state agencies: |
| 70 | (a) The Division of Forestry in the Department of |
| 71 | Agriculture and Consumer Services. |
| 72 | (b) The Fish and Wildlife Conservation Commission. |
| 73 | (c) The Division of Recreation and Parks in the Department |
| 74 | of Environmental Protection. |
| 75 | (d) The Office of Greenways and Trails in the Department |
| 76 | of Environmental Protection. |
| 77 | (e) The Office of Coastal and Aquatic Managed Areas in the |
| 78 | Department of Environmental Protection. |
| 79 | (6) Land management expenditures have generally increased |
| 80 | over the last 7 years, increasing from approximately $173 |
| 81 | million in fiscal year 2001-2002 to approximately $215 million |
| 82 | in fiscal year 2006-2007. The average expenditure per acre |
| 83 | managed in fiscal year 2006-2007 was $66, but expenditures per |
| 84 | acre managed varied greatly from agency to agency and parcel to |
| 85 | parcel. |
| 86 | (7) In its October report on the methodology and formula |
| 87 | for allocating land management funds, the Land Management |
| 88 | Uniform Accounting Council, created in s. 259.037, Florida |
| 89 | Statutes, concluded that the current level of land management |
| 90 | funding clearly will be insufficient to provide for the full |
| 91 | funding of land management needs. |
| 92 | (8) If the state is to achieve the full benefits of its |
| 93 | investment of public dollars in conversation lands, it must |
| 94 | manage these lands as effectively and efficiently as possible. |
| 95 | (9) With limited financial resources to fund competing |
| 96 | priorities and increasing funding needs to manage public lands, |
| 97 | the state cannot afford to fund unnecessary duplicative |
| 98 | management functions in multiple state agencies. Although the |
| 99 | five state agencies that manage the state's conservation lands |
| 100 | all have different management approaches to address the missions |
| 101 | and purposes of each respective agency, the land management |
| 102 | approach should be governed by the purposes for which the |
| 103 | conservation lands were acquired. |
| 104 | (10) A privatization pilot program for land management |
| 105 | would allow the Legislature to better evaluate the effectiveness |
| 106 | and efficiency of the state's land management activities by: |
| 107 | (a) Identifying and achieving cost efficiencies and |
| 108 | reductions in administrative and operating costs; and |
| 109 | (b) Reducing duplication. |
| 110 | Section 2. All powers, duties, functions, rules, records, |
| 111 | personnel, property, and unexpended balances of appropriations, |
| 112 | allocations, and other funds of the Office of Coastal and |
| 113 | Aquatic Managed Areas and any related state law enforcement |
| 114 | officer positions within the Bureau of Park Police are |
| 115 | transferred intact by a type two transfer, as defined in s. |
| 116 | 20.06(2), Florida Statutes, from the Department of Environmental |
| 117 | Protection to the Fish and Wildlife Conservation Commission. |
| 118 | Such transfer shall be completed by July 1, 2010. |
| 119 | Section 3. The Department of Environmental Protection and |
| 120 | the Fish and Wildlife Conservation Commission shall jointly |
| 121 | develop a transition plan, including a fiscal analysis, for the |
| 122 | transfer of the Office of Coastal and Aquatic Managed Areas and |
| 123 | any related state law enforcement officer positions within the |
| 124 | Bureau of Park Police from the Department of Environmental |
| 125 | Protection to the Fish and Wildlife Conservation Commission. The |
| 126 | plan shall be submitted to the President of the Senate and the |
| 127 | Speaker of the House of Representatives no later than December |
| 128 | 1, 2009. |
| 129 | Section 4. The Office of Program Policy Analysis and |
| 130 | Government Accountability is directed to conduct a study of the |
| 131 | Division of Recreation and Parks, excluding the Office of |
| 132 | Coastal and Aquatic Managed Areas and any related state law |
| 133 | enforcement officer positions transferred pursuant to this act, |
| 134 | the Bureau of Park Police, and the Division of State Lands in |
| 135 | the Department of Environmental Protection to determine the most |
| 136 | efficient means of centralizing the land management activities |
| 137 | of the state, including, but not limited to, recommendations for |
| 138 | restructuring or subdividing acquisition and management |
| 139 | responsibilities. The study shall be submitted to the President |
| 140 | of the Senate and the Speaker of the House of Representatives no |
| 141 | later than December 1, 2009. |
| 142 | Section 5. The Department of Environmental Protection |
| 143 | shall issue a request for proposals for a public-private land |
| 144 | management demonstration pilot project for a period of 5 years. |
| 145 | The pilot project area shall consist of existing state parks and |
| 146 | greenways and trails. The request for proposals shall be awarded |
| 147 | no later than December 31, 2009. Proposals shall not exceed an |
| 148 | average management cost of $75 per acre per year. Once awarded, |
| 149 | the contractor shall prepare a land management plan consistent |
| 150 | with the duties and responsibilities of the agencies and submit |
| 151 | this plan to the Acquisition and Restoration Council for |
| 152 | approval, and provide a copy of the plan to the Legislative |
| 153 | Budget Commission. Any funds appropriated for the land |
| 154 | management pilot program shall be held in budget reserve until |
| 155 | such time as the department submits and the Legislative Budget |
| 156 | Commission approves a plan which includes a recommended request |
| 157 | for proposals regarding the expenditure of the funds. The |
| 158 | contractor shall be responsible for all land management |
| 159 | activities except for law enforcement. The effectiveness of this |
| 160 | project shall be reviewed and compared to other state land |
| 161 | management results by the Office of Program Policy Analysis and |
| 162 | Government Accountability. The Office of Program Policy Analysis |
| 163 | and Government Accountability shall submit its report to the |
| 164 | Governor, the President of the Senate, the Speaker of the House |
| 165 | of Representatives, the Acquisition and Restoration Council, and |
| 166 | the Legislative Budget Commission. |
| 167 | Section 6. The Department of Environmental Protection, in |
| 168 | consultation with the Fish and Wildlife Conservation Commission |
| 169 | and the Department of Agriculture and Consumer Services, shall |
| 170 | issue a request for proposals for a public-private conservation |
| 171 | land management demonstration pilot project for a period of 5 |
| 172 | years. The request for proposals must clearly state the |
| 173 | management goals for the conservation lands and allow private |
| 174 | contractors to propose how these goals would be met within the |
| 175 | prescribed budget. In addition, the Legislature is particularly |
| 176 | interested in how a contractor would account for and report |
| 177 | costs, activities, and achievements; and innovate the manner in |
| 178 | which management plans are formulated, presented, and |
| 179 | implemented. A performance bond of no more than $1 million will |
| 180 | be required for this contract, and the agency may not cancel |
| 181 | this contract unless the contractor is in default of the |
| 182 | contract. The pilot project area shall consist of approximately |
| 183 | 250,000 acres and shall consist of existing state forests, state |
| 184 | wildlife management areas, state park lands not primarily |
| 185 | managed for recreation, submerged lands, and properties formerly |
| 186 | managed as coastal buffer preserves. To the maximum extent |
| 187 | practicable, the project area shall be proportionately |
| 188 | distributed across lands currently managed by the Department of |
| 189 | Environmental Protection, the Fish and Wildlife Conservation |
| 190 | Commission, and the Department of Agriculture and Consumer |
| 191 | Services and shall be located within reasonable proximity to |
| 192 | each other. The request for proposals shall be awarded no later |
| 193 | than December 31, 2009. To achieve cost savings to the state, |
| 194 | proposals may not exceed an average management cost of $25 per |
| 195 | acre per year. Once awarded, the contractor shall prepare a land |
| 196 | management plan consistent with the duties and responsibilities |
| 197 | of the agencies and the certification standard of the Forest |
| 198 | Stewardship Council, submit this plan to the Acquisition and |
| 199 | Restoration Council for review and approval, and provide a copy |
| 200 | of the plan to the Legislative Budget Commission. Any funds |
| 201 | appropriated for the land management pilot program shall be held |
| 202 | in budget reserve until such time as the department submits and |
| 203 | the Legislative Budget Commission approves a plan which includes |
| 204 | a recommended request for proposals regarding the expenditure of |
| 205 | the funds. The contractor shall be responsible for all land |
| 206 | management activities except for law enforcement. The |
| 207 | effectiveness of this project shall be reviewed, compared to |
| 208 | other state land management results, and certified by a Forest |
| 209 | Stewardship Council third-party certified auditor. The auditor |
| 210 | shall submit its report to the Governor, the President of the |
| 211 | Senate, the Speaker of the House of Representatives, the |
| 212 | Acquisition and Restoration Council, and the Legislative Budget |
| 213 | Commission. |
| 214 | Section 7. Subsection (4) of section 20.331, Florida |
| 215 | Statutes, is amended to read: |
| 216 | 20.331 Fish and Wildlife Conservation Commission.-- |
| 217 | (4) PROGRAM AND RESEARCH SERVICES.--Within the Fish and |
| 218 | Wildlife Conservation Commission, the principal unit for program |
| 219 | services is a "division" or an "office" headed by a "director." |
| 220 | The principal subunit of the division is a "section" headed by a |
| 221 | "leader." The principal subunit of the section is a "subsection" |
| 222 | headed by an "administrator." |
| 223 | (a) The following divisions, sections, and office section |
| 224 | are 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 |
| 229 | the division the Boating and Waterways Section and the Coastal |
| 230 | and Aquatic Managed Areas Section with duties and |
| 231 | responsibilities 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 |
| 235 | commission is the Fish and Wildlife Research Institute, which |
| 236 | shall be headed by a director. |
| 237 | Section 8. Subsection (1) of section 253.86, Florida |
| 238 | Statutes, is amended to read: |
| 239 | 253.86 Management and use of state-owned or other uplands; |
| 240 | rulemaking authority.-- |
| 241 | (1) The Office of Coastal and Aquatic Managed Areas of the |
| 242 | Fish and Wildlife Conservation Commission Department of |
| 243 | Environmental Protection shall have the authority to promulgate |
| 244 | rules to govern the management and use of state-owned or other |
| 245 | uplands assigned to it for management. Such rules may include, |
| 246 | but shall not be limited to, establishing prohibited activities |
| 247 | or restrictions on activities, consistent with the purposes for |
| 248 | which the lands were acquired, designated, or dedicated, and |
| 249 | charging fees for use of lands. All fees collected shall be used |
| 250 | for the management of uplands managed by the office. |
| 251 | Section 9. Subsection (1) of section 259.037, Florida |
| 252 | Statutes, is amended to read: |
| 253 | 259.037 Land Management Uniform Accounting Council.-- |
| 254 | (1) The Land Management Uniform Accounting Council is |
| 255 | created within the Department of Environmental Protection and |
| 256 | shall consist of the director of the Division of State Lands, |
| 257 | the director of the Division of Recreation and Parks, the |
| 258 | director of the Office of Coastal and Aquatic Managed Areas, and |
| 259 | the director of the Office of Greenways and Trails of the |
| 260 | Department of Environmental Protection; the director of the |
| 261 | Division of Forestry of the Department of Agriculture and |
| 262 | Consumer Services; the executive director and the director of |
| 263 | the Office of Coastal and Aquatic Managed Areas of the Fish and |
| 264 | Wildlife Conservation Commission; and the director of the |
| 265 | Division of Historical Resources of the Department of State, or |
| 266 | their respective designees. Each state agency represented on the |
| 267 | council shall have one vote. The chair of the council shall |
| 268 | rotate annually in the foregoing order of state agencies. The |
| 269 | agency of the representative serving as chair of the council |
| 270 | shall provide staff support for the council. The Division of |
| 271 | State Lands shall serve as the recipient of and repository for |
| 272 | the council's documents. The council shall meet at the request |
| 273 | of the chair. |
| 274 | Section 10. This act shall take effect July 1, 2009. |