1 | A bill to be entitled |
2 | An act relating to management of state-owned lands; |
3 | providing legislative findings and intent; directing the |
4 | Office of Program Policy Analysis and Government |
5 | Accountability to conduct a study on centralization of the |
6 | land management activities of the state and to submit the |
7 | study to the Legislature; directing the Department of |
8 | Environmental Protection, in consultation with the Fish |
9 | and Wildlife Conservation Commission and the Department of |
10 | Agriculture and Consumer Services, to issue a request for |
11 | proposals or invitation to negotiate for a public-private |
12 | land management demonstration pilot project for specified |
13 | conservation lands; specifying requirements for the pilot |
14 | project; providing a limitation for the annual cost of the |
15 | pilot project; requiring a certified auditor to prepare |
16 | and submit a report to the Governor, the Legislature, the |
17 | Acquisition and Restoration Council, and the Legislative |
18 | Budget Commission; providing report requirements; |
19 | providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. The Legislature finds and declares: |
24 | (1) Land acquisition programs have provided tremendous |
25 | financial resources for purchasing environmentally significant |
26 | lands to protect those lands from imminent development or |
27 | alteration, thereby ensuring present and future generations' |
28 | access to important waterways, open spaces, and recreation and |
29 | conservation lands. |
30 | (2) Over the past 30 years, the state has invested more |
31 | than $6 billion to conserve approximately 3.8 million acres of |
32 | land for environmental, recreational, and preservation purposes. |
33 | With a total of 3.8 million acres of conservation land purchased |
34 | in this state, 2.4 million acres were purchased under the |
35 | Florida Forever and Preservation 2000 programs. Much of this |
36 | land is open to the public for recreation, including a total of |
37 | more than 500 state parks, preserves, forests, wildlife |
38 | management areas, and other conservation and recreation areas. |
39 | (3) The Legislature has declared that state conservation |
40 | lands shall be managed to maintain or enhance the resources the |
41 | state is seeking to protect by acquiring the land and to |
42 | accelerate public access to the lands as soon as practicable. |
43 | (4) A long-term financial commitment to restoring, |
44 | enhancing, and managing the state's public lands is required to |
45 | implement land management plans to ensure that: |
46 | (a) The natural resource values of such lands are |
47 | restored, enhanced, managed, and protected; |
48 | (b) The public enjoys the lands to their fullest |
49 | potential; and |
50 | (c) The state achieves the full benefits of its investment |
51 | of public dollars. |
52 | (5) Most of the state's conservation lands are managed by |
53 | the following state agencies: |
54 | (a) The Division of Forestry in the Department of |
55 | Agriculture and Consumer Services. |
56 | (b) The Fish and Wildlife Conservation Commission. |
57 | (c) The Division of Recreation and Parks in the Department |
58 | of Environmental Protection. |
59 | (d) The Office of Greenways and Trails in the Department |
60 | of Environmental Protection. |
61 | (e) The Office of Coastal and Aquatic Managed Areas in the |
62 | Department of Environmental Protection. |
63 | (6) Land management expenditures have generally increased |
64 | over the last 7 years, increasing from approximately $173 |
65 | million in fiscal year 2001-2002 to approximately $215 million |
66 | in fiscal year 2006-2007. The average expenditure per acre |
67 | managed in fiscal year 2006-2007 was $66, but expenditures per |
68 | acre managed varied greatly from agency to agency and parcel to |
69 | parcel. |
70 | (7) In its October 2008 report on the methodology and |
71 | formula for allocating land management funds, the Land |
72 | Management Uniform Accounting Council, created in s. 259.037, |
73 | Florida Statutes, concluded that the current level of land |
74 | management funding clearly will be insufficient to provide for |
75 | the full funding of land management needs. |
76 | (8) If the state is to achieve the full benefits of its |
77 | investment of public dollars in conservation lands, it must |
78 | manage these lands as effectively and efficiently as possible. |
79 | (9) With limited financial resources to fund competing |
80 | priorities and increasing funding needs to manage public lands, |
81 | the state cannot afford to fund unnecessary duplicative |
82 | management functions in multiple state agencies and programs. |
83 | Although the five state agencies and programs that manage the |
84 | state's conservation lands all have different management |
85 | approaches to address the missions and purposes of each |
86 | respective agency and program, the land management approach |
87 | should be governed by the purposes for which the conservation |
88 | lands were acquired. |
89 | (10) In order to ensure that the state achieves the full |
90 | benefits of its investment of public dollars in conservation |
91 | lands and that the ongoing, substantial expenditure of tax |
92 | dollars on the management of these lands is cost-effective, the |
93 | Legislature declares it is necessary to: |
94 | (a) Examine options to consolidate land management |
95 | functions in a single state agency to allow the Legislature to |
96 | better evaluate the effectiveness and efficiency of the state's |
97 | land management activities by: |
98 | 1. Identifying and achieving cost efficiencies and |
99 | reductions in administrative and operating costs; and |
100 | 2. Reducing duplication. |
101 | (b) Conduct a pilot project to provide a basis to compare |
102 | the cost-effectiveness of public and private land management |
103 | approaches. |
104 | Section 2. The Office of Program Policy Analysis and |
105 | Government Accountability is directed to conduct a study of the |
106 | Department of Agriculture and Consumer Services, the Department |
107 | of Environmental Protection, the Fish and Wildlife Conservation |
108 | Commission, and any related state law enforcement officer |
109 | positions to determine the most efficient means of centralizing |
110 | the land management activities of the state, including, but not |
111 | limited to, recommendations for restructuring or subdividing |
112 | acquisition and management responsibilities. The study shall be |
113 | submitted to the President of the Senate and the Speaker of the |
114 | House of Representatives no later than December 1, 2009. |
115 | Section 3. Subject to specific annual appropriation, the |
116 | Department of Environmental Protection, in consultation with the |
117 | Fish and Wildlife Conservation Commission and the Department of |
118 | Agriculture and Consumer Services, shall issue a request for |
119 | proposals or invitation to negotiate for a public-private |
120 | conservation land management demonstration pilot project for a |
121 | period of 5 years. The request for proposals or invitation to |
122 | negotiate must clearly state the management goals for the |
123 | conservation lands and allow private contractors to propose how |
124 | these goals would be met within the prescribed budget. In |
125 | addition, the Legislature is particularly interested in how a |
126 | contractor would account for and report costs, activities, and |
127 | achievements and innovate the manner in which management plans |
128 | are formulated, presented, and implemented. A performance bond |
129 | of no more than $1 million shall be required for the contract. |
130 | The pilot project area shall be no more than 200,000 acres and |
131 | shall consist of existing nonsubmerged conservation lands where |
132 | the primary focus is not on developed recreation. To the maximum |
133 | extent practicable, the project area shall be proportionately |
134 | distributed across lands that are currently managed by the |
135 | Department of Environmental Protection, the Fish and Wildlife |
136 | Conservation Commission, and the Department of Agriculture and |
137 | Consumer Services and are located within a reasonable proximity |
138 | to each other. Subject to specific annual appropriation, the |
139 | contract shall be awarded no later than December 31 of the year |
140 | in which the appropriation is made. The cost of the 5-year pilot |
141 | project may not exceed $4.5 million annually. Once awarded, the |
142 | contractor shall prepare a land management plan consistent with |
143 | the duties and responsibilities of the Department of |
144 | Environmental Protection, the Fish and Wildlife Conservation |
145 | Commission, and the Department of Agriculture and Consumer |
146 | Services and the certification standard of the Forest |
147 | Stewardship Council, submit the plan to the Acquisition and |
148 | Restoration Council pursuant to s. 253.034, Florida Statutes, |
149 | and provide a copy of the plan to the Legislative Budget |
150 | Commission. Any funds appropriated for the land management pilot |
151 | project shall be held in budget reserve until such time as the |
152 | Department of Environmental Protection submits and the |
153 | Legislative Budget Commission approves a plan which includes a |
154 | recommended request for proposals or invitation to negotiate |
155 | regarding the expenditure of the funds. The contractor shall be |
156 | responsible for all land management activities except for law |
157 | enforcement, wildfire suppression, derelict vessel removal, |
158 | manatee surveys, water sampling, unless required for potable |
159 | water sources, or any other regulatory activity not specifically |
160 | related to the management of state conservation lands. Any |
161 | current full-time employees managing lands encompassed by the |
162 | pilot project who are directly impacted shall be given first |
163 | preference for continued employment by the contractor. The state |
164 | shall make all reasonable efforts to find suitable job |
165 | placements for employees who wish to remain within the state |
166 | personnel system. The Department of Environmental Protection |
167 | shall hire an auditor certified by the Forest Stewardship |
168 | Council to review and accurately and fairly compare the pilot |
169 | project to other state land management results and provide |
170 | recommendations to fully certify the project for all state |
171 | lands. The Acquisition and Restoration Council shall review and |
172 | evaluate the auditor's report and provide comments. The auditor |
173 | shall submit a report to the Governor, the President of the |
174 | Senate, the Speaker of the House of Representatives, the |
175 | Acquisition and Restoration Council, and the Legislative Budget |
176 | Commission. |
177 | Section 4. This act shall take effect July 1, 2009. |