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. |