Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1628
       
       
       
       
       
       
                                Barcode 589372                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2013           .                                
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       Appropriations Subcommittee on General Government (Dean)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 180 and 181
    4  insert:
    5         Section 2. Subsections (3), (4), and (5) of section
    6  259.1052, Florida Statutes, are amended to read:
    7         259.1052 Babcock Crescent B Ranch Florida Forever
    8  acquisition; conditions for purchase.—
    9         (3) The Legislature recognizes that the acquisition of the
   10  state’s portion of the Babcock Crescent B Ranch represents a
   11  unique opportunity to assist in preserving the largest private
   12  and undeveloped single-ownership tract of land in Charlotte
   13  County. The Legislature further recognizes Lee County as a
   14  partner in the acquisition of the ranch. Upon the termination or
   15  expiration of the management agreement, Lee County will retain
   16  ownership and assume responsibility for management of the Lee
   17  County portion of the acquisition. Lee County and the lead
   18  manager may enter into an agreement for management of the Lee
   19  County property.
   20         (4) This section authorizes the acquisition of the state’s
   21  portion of the Babcock Crescent B Ranch in order to protect and
   22  preserve for future generations the scientific, scenic,
   23  historic, and natural values of the ranch, including rivers and
   24  ecosystems; to protect and preserve the archaeological,
   25  geological, and cultural resources of the ranch; to provide for
   26  species recovery; and to provide opportunities for public
   27  recreation compatible with the working ranch and agricultural
   28  activities conducted on the property.
   29         (5) The Florida Forest Service of Fish and Wildlife
   30  Conservation Commission and the Department of Agriculture and
   31  Consumer Services shall, with the cooperation of the Fish and
   32  Wildlife Conservation Commission, be the lead managing agency
   33  agencies responsible for the management of Babcock Crescent B
   34  Ranch.
   35         Section 3. Section 259.10521, Florida Statutes, is
   36  repealed.
   37         Section 4. Section 259.1053, Florida Statutes, is amended
   38  to read:
   39         259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
   40  creation; membership; organization; meetings.—
   41         (1) SHORT TITLE.—This section may be cited as the “Babcock
   42  Ranch Preserve Act.”
   43         (2) DEFINITIONS.—As used in this section, the term:
   44         (a) “Babcock Ranch Preserve” and “preserve” mean the lands
   45  and facilities acquired in the purchase of the Babcock Crescent
   46  B Ranch, as provided in s. 259.1052.
   47         (b) “Babcock Ranch, Inc.,” and “corporation” mean the not
   48  for-profit corporation created under this section to operate and
   49  manage the Babcock Ranch Preserve as a working ranch.
   50         (c) “Board of directors” means the governing board of the
   51  not-for-profit corporation created under this section.
   52         (b)(d) “Commission” means the Fish and Wildlife
   53  Conservation Commission.
   54         (c)(e) “Commissioner” means the Commissioner of
   55  Agriculture.
   56         (d)(f) “Department” means the Department of Agriculture and
   57  Consumer Services.
   58         (e)(g) “Executive director” means the Executive Director of
   59  the Fish and Wildlife Conservation Commission.
   60         (f)(h) “Financially self-sustaining” means having
   61  management and operation expenditures not more than the revenues
   62  collected from fees and other receipts for resource use and
   63  development and from interest and invested funds.
   64         (g) “Florida Forest Service” means the Florida Forest
   65  Service of the Department of Agriculture and Consumer Services.
   66         (i) “Management and operating expenditures” means expenses
   67  of the corporation, including, but not limited to, salaries and
   68  benefits of officers and staff, administrative and operating
   69  expenses, costs of improvements to and maintenance of lands and
   70  facilities of the Babcock Ranch Preserve, and other similar
   71  expenses. Such expenditures shall be made from revenues
   72  generated from the operation of the ranch and not from funds
   73  appropriated by the Legislature except as provided in this
   74  section.
   75         (j) “Member” means a person appointed to the board of
   76  directors of the not-for-profit corporation created under this
   77  section.
   78         (h)(k) “Multiple use” means the management of all of the
   79  renewable surface resources of the Babcock Ranch Preserve to
   80  best meet the needs of the public, including the use of the land
   81  for some or all of the renewable surface resources or related
   82  services over areas large enough to allow for periodic
   83  adjustments in use to conform to the changing needs and
   84  conditions of the preserve while recognizing that a portion of
   85  the land will be used for some of the renewable surface
   86  resources available on that land. The goal of multiple use is
   87  the harmonious and coordinated management of the renewable
   88  surface resources without impairing the productivity of the land
   89  and considering the relative value of the renewable surface
   90  resources, and not necessarily a combination of uses to provide
   91  the greatest monetary return or the greatest unit output.
   92         (i)(l) “Sustained yield of the renewable surface resources”
   93  means the achievement and maintenance of a high level of annual
   94  or regular periodic output of the various renewable surface
   95  resources of the preserve without impairing the productivity of
   96  the land.
   97         (3) CREATION OF BABCOCK RANCH PRESERVE.—
   98         (a) Upon the date of acquisition of the Babcock Crescent B
   99  Ranch, there is created the Babcock Ranch Preserve, which shall
  100  be managed in accordance with the purposes and requirements of
  101  this section.
  102         (b) The preserve is established to protect and preserve the
  103  environmental, agricultural, scientific, scenic, geologic,
  104  watershed, fish, wildlife, historic, cultural, and recreational
  105  values of the preserve, and to provide for the multiple use and
  106  sustained yield of the renewable surface resources within the
  107  preserve consistent with this section.
  108         (c) The Legislature recognizes that the Babcock Crescent B
  109  Ranch will need a variety of facilities to enhance its public
  110  use and potential. The need for such facilities may exceed the
  111  ability of the state to provide such facilities in a timely
  112  manner with funds available. The Legislature finds it to be in
  113  the public interest to provide incentives for partnerships with
  114  public or private organizations with the intent of producing
  115  additional revenue to help enhance the use and potential of the
  116  ranch Babcock Ranch, Inc., and its officers and employees shall
  117  participate in the management of the Babcock Ranch Preserve in
  118  an advisory capacity only until the management agreement
  119  referenced in paragraph (11)(a) is terminated or expires.
  120         (d) Nothing in This section does not shall preclude Babcock
  121  Ranch, Inc., prior to assuming management and operation of the
  122  preserve and thereafter, from allowing the use of common
  123  varieties of mineral materials such as sand, stone, and gravel
  124  for construction and maintenance of roads and facilities within
  125  the preserve.
  126         (e) Nothing in This section does not affect shall be
  127  construed as affecting the constitutional responsibilities of
  128  the commission in the exercise of its regulatory and executive
  129  power with respect to wild animal life and freshwater aquatic
  130  life, including the regulation of hunting, fishing, and trapping
  131  within the preserve.
  132         (f) Nothing in This section does not shall be construed to
  133  interfere with or prevent the implementation of ability of
  134  Babcock Ranch, Inc., to implement agricultural practices
  135  authorized by the agricultural land use designations established
  136  in the local comprehensive plans of either Charlotte County or
  137  Lee County as those plans apply to the Babcock Ranch Preserve.
  138         (g) To clarify the responsibilities of the lead managing
  139  agencies and the not-for-profit corporation created under this
  140  section, the lead managing agencies are directed to establish a
  141  range of resource protection values for the Babcock Ranch
  142  Preserve, and the corporation shall establish operational
  143  parameters to conduct the business of the ranch within the range
  144  of values. The corporation shall establish a range of
  145  operational values for conducting the business of the ranch, and
  146  the lead managing agencies providing ground support to the ranch
  147  outside of each agency’s jurisdictional responsibilities shall
  148  establish management parameters within that range of values.
  149         (g)(h)Nothing in This section does not shall preclude the
  150  maintenance and use of roads and trails or the relocation of
  151  roads in existence on the effective date of this section, or the
  152  construction, maintenance, and use of new trails, or any
  153  motorized access necessary for the administration of the land
  154  contained within the preserve, including motorized access
  155  necessary for emergencies involving the health or safety of
  156  persons within the preserve.
  157         (i) The Division of State Lands of the Department of
  158  Environmental Protection shall perform staff duties and
  159  functions for Babcock Ranch, Inc., the not-for-profit
  160  corporation created under this section, until such time as the
  161  corporation organizes to elect officers, file articles of
  162  incorporation, and exercise its powers and duties.
  163         (4) CREATION OF BABCOCK RANCH ADVISORY GROUP, INC.—
  164         (a) The purpose of the Babcock Ranch Advisory Group is to
  165  assist the department by providing guidance and advice
  166  concerning the management and stewardship of the Babcock Ranch
  167  Preserve.
  168         (b) The Babcock Ranch Advisory Group shall be comprised of
  169  nine members appointed to 5-year terms by the commissioner as
  170  follows:
  171         1. One member with experience in sustainable management of
  172  forest lands for commodity purposes.
  173         2. One member with experience in financial management,
  174  budget and program analysis, and small business operations.
  175         3. One member with experience in the management of game and
  176  nongame wildlife and fish populations, including hunting,
  177  fishing, and other recreational activities.
  178         4. One member with experience in domesticated livestock
  179  management, production, and marketing, including range
  180  management and livestock business management.
  181         5. One member with experience in agriculture operations or
  182  forestry management.
  183         6. One member with experience in hunting, fishing, nongame
  184  species management, or wildlife habitat management, restoration,
  185  and conservation.
  186         7. One member who is a private landowner.
  187         8. One member who is a resident of Lee County with
  188  experience in land conservation and management.
  189         9. One member who is a resident of Charlotte County and
  190  active in an organization involved with the activities of the
  191  ranch.
  192  
  193  Vacancies will be filled in the same manner that the original
  194  appointment was made. A member appointed to fill a vacancy shall
  195  serve for the remainder of that term.
  196         (c) Members of the Babcock Ranch Advisory Group shall:
  197         1. Elect a chair and vice chair from among the group
  198  members.
  199         2. Meet regularly as determined by the director of the
  200  Florida Forest Service.
  201         3. Serve without compensation or reimbursement for travel
  202  and per diem expenses.
  203         (a) Subject to filing articles of incorporation, there is
  204  created a not-for-profit corporation, to be known as Babcock
  205  Ranch, Inc., which shall be registered, incorporated, organized,
  206  and operated in compliance with the provisions of chapter 617,
  207  and which shall not be a unit or entity of state government. For
  208  purposes of sovereign immunity, the corporation shall be a
  209  corporation primarily acting as an instrumentality of the state
  210  but otherwise shall not be an agency within the meaning of s.
  211  20.03(11) or a unit or entity of state government.
  212         (b) The corporation is organized on a nonstock basis and
  213  shall operate in a manner consistent with its public purpose and
  214  in the best interest of the state.
  215         (c) Meetings and records of the corporation, its directors,
  216  advisory committees, or similar groups created by the
  217  corporation, including any not-for-profit subsidiaries, are
  218  subject to the public records provisions of chapter 119 and the
  219  public meetings and records provisions of s. 286.011.
  220         (5) APPLICABILITY OF SECTION.—In any conflict between a
  221  provision of this section and a provision of chapter 617, the
  222  provisions of this section shall prevail.
  223         (6) PURPOSE.—The purpose of Babcock Ranch, Inc., is to
  224  provide management and administrative services for the preserve,
  225  to establish and implement management policies that will achieve
  226  the purposes and requirements of this section, to cooperate with
  227  state agencies to further the purposes of the preserve, and to
  228  establish the administrative and accounting procedures for the
  229  operation of the corporation.
  230         (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.—The corporation
  231  shall be governed by a nine-member board of directors who shall
  232  be appointed by the Board of Trustees of the Internal
  233  Improvement Trust Fund; the executive director of the
  234  commission; the Commissioner of Agriculture; the Babcock Florida
  235  Company, a corporation registered to do business in the state,
  236  or its successors or assigns; the Charlotte County Board of
  237  County Commissioners; and the Lee County Board of County
  238  Commissioners in the following manner:
  239         (a)1. The Board of Trustees of the Internal Improvement
  240  Trust Fund shall appoint four members. One appointee shall have
  241  expertise in domesticated livestock management, production, and
  242  marketing, including range management and livestock business
  243  management. One appointee shall have expertise in the management
  244  of game and nongame wildlife and fish populations, including
  245  hunting, fishing, and other recreational activities. One
  246  appointee shall have expertise in the sustainable management of
  247  forest lands for commodity purposes. One appointee shall have
  248  expertise in financial management, budget and program analysis,
  249  and small business operations.
  250         2. The executive director shall appoint one member with
  251  expertise in hunting; fishing; nongame species management; or
  252  wildlife habitat management, restoration, and conservation.
  253         3. The commissioner shall appoint one member with expertise
  254  in agricultural operations or forestry management.
  255         4. The Babcock Florida Company, or its successors or
  256  assigns, shall appoint one member with expertise in the
  257  activities and management of the Babcock Ranch on the date of
  258  acquisition of the ranch by the state as provided under s.
  259  259.1052. This appointee shall serve on the board of directors
  260  only until the termination of or expiration of the management
  261  agreement attached as Exhibit “E” to that certain Agreement for
  262  Sale and Purchase approved by the Board of Trustees of the
  263  Internal Improvement Trust Fund on November 22, 2005, and by Lee
  264  County, a political subdivision of the state, on November 20,
  265  2005. Upon termination of or expiration of the management
  266  agreement, the person serving as the head of the property
  267  owners’ association, if any, required to be created under the
  268  agreement for sale and purchase shall serve as a member of the
  269  board of directors of Babcock Ranch, Inc.
  270         5. The Charlotte County Board of County Commissioners shall
  271  appoint one member who shall be a resident of the county and who
  272  shall be active in an organization concerned with the activities
  273  of the ranch.
  274         6. The Lee County Board of County Commissioners shall
  275  appoint one member who shall be a resident of the county and who
  276  shall have experience in land conservation and management. This
  277  appointee, or a successor appointee, shall serve as a member of
  278  the board of directors so long as the county participates in the
  279  state land management plan.
  280         (b) All members of the board of directors shall be
  281  appointed no later than 90 days following the initial
  282  acquisition of the Babcock Ranch by the state, and:
  283         1. Four members initially appointed by the Board of
  284  Trustees of the Internal Improvement Trust Fund shall each serve
  285  a 4-year term.
  286         2. The remaining initial five appointees shall each serve a
  287  2-year term.
  288         3. Each member appointed thereafter shall serve a 4-year
  289  term.
  290         4. A vacancy shall be filled in the same manner in which
  291  the original appointment was made, and a member appointed to
  292  fill a vacancy shall serve for the remainder of that term.
  293         5. No member may serve more than 8 years in consecutive
  294  terms.
  295         (c) With the exception of the Babcock Florida Company
  296  appointee, no member may be an officer, director, or shareholder
  297  in any entity that contracts with or receives funds from the
  298  corporation or its subsidiaries.
  299         (d) No member shall vote in an official capacity upon any
  300  measure that would inure to his or her special private gain or
  301  loss, that he or she knows would inure to the special private
  302  gain or loss of any principal by whom he or she is retained or
  303  to the parent organization or subsidiary of a principal by which
  304  he or she is retained, or that he or she knows would inure to
  305  the special private gain or loss of a relative or business
  306  associate of the member. Such member shall, prior to the vote
  307  being taken, publicly state the nature of his or her interest in
  308  the matter from which he or she is abstaining from voting and,
  309  no later than 15 days following the date the vote occurs, shall
  310  disclose the nature of his or her interest as a public record in
  311  a memorandum filed with the person responsible for recording the
  312  minutes of the meeting, who shall incorporate the memorandum in
  313  the minutes of the meeting.
  314         (e) Each member of the board of directors is accountable
  315  for the proper performance of the duties of office, and each
  316  member owes a fiduciary duty to the people of the state to
  317  ensure that funds provided in furtherance of this section are
  318  disbursed and used as prescribed by law and contract. Any
  319  official appointing a member may remove that member for
  320  malfeasance, misfeasance, neglect of duty, incompetence,
  321  permanent inability to perform official duties, unexcused
  322  absence from three consecutive meetings of the board, arrest or
  323  indictment for a crime that is a felony or misdemeanor involving
  324  theft or a crime of dishonesty, or pleading nolo contendere to,
  325  or being found guilty of, any crime.
  326         (f) Each member of the board of directors shall serve
  327  without compensation, but shall receive travel and per diem
  328  expenses as provided in s. 112.061 while in the performance of
  329  his or her duties.
  330         (g) No appointee shall be an employee of any governmental
  331  entity.
  332         (8) ORGANIZATION; MEETINGS.—
  333         (a)1. The board of directors shall annually elect a
  334  chairperson and a vice chairperson from among the board’s
  335  members. The members may, by a vote of five of the nine board
  336  members, remove a member from the position of chairperson or
  337  vice chairperson prior to the expiration of his or her term as
  338  chairperson or vice chairperson. His or her successor shall be
  339  elected to serve for the balance of the removed chairperson’s or
  340  vice chairperson’s term.
  341         2. The chairperson shall ensure that records are kept of
  342  the proceedings of the board of directors, and is the custodian
  343  of all books, documents, and papers filed with the board, the
  344  minutes of meetings of the board, and the official seal of the
  345  corporation.
  346         (b)1. The board of directors shall meet upon the call of
  347  the chairperson at least 3 times per year in Charlotte County or
  348  in Lee County.
  349         2. A majority of the members of the board of directors
  350  constitutes a quorum. Except as otherwise provided in this
  351  section, the board of directors may take official action by a
  352  majority of the members present at any meeting at which a quorum
  353  is present. Members may not vote by proxy.
  354         (9) POWERS AND DUTIES.—
  355         (a) The board of directors shall adopt articles of
  356  incorporation and bylaws necessary to govern its activities. The
  357  adopted articles of incorporation and bylaws must be approved by
  358  the Board of Trustees of the Internal Improvement Trust Fund
  359  prior to filing with the Department of State.
  360         (b) The board of directors shall review and approve any
  361  management plan developed pursuant to ss. 253.034 and 259.032
  362  for the management of lands in the preserve prior to the
  363  submission of that plan to the Board of Trustees of the Internal
  364  Improvement Trust Fund for approval and implementation.
  365         (c)1. Except for the constitutional powers of the
  366  commission as provided in s. 9, Art. IV of the State
  367  Constitution, the board of directors shall have all necessary
  368  and proper powers for the exercise of the authority vested in
  369  the corporation, including, but not limited to, the power to
  370  solicit and accept donations of funds, property, supplies, or
  371  services from individuals, foundations, corporations, and other
  372  public or private entities for the purposes of this section. All
  373  funds received by the corporation shall be deposited into the
  374  operating fund authorized under this section unless otherwise
  375  directed by the Legislature.
  376         2. The board of directors may not increase the number of
  377  its members.
  378         3. Except as necessary to manage and operate the preserve
  379  as a working ranch, the corporation may not purchase, take,
  380  receive, lease, take by gift, devise, or bequest, or otherwise
  381  acquire, own, hold, improve, use, or otherwise deal in and with
  382  real property, or any interest therein, wherever situated.
  383         4. The corporation may not sell, convey, mortgage, pledge,
  384  lease, exchange, transfer, or otherwise dispose of any real
  385  property.
  386         5. The corporation may not purchase, take, receive,
  387  subscribe for, or otherwise acquire, own, hold, vote, use,
  388  employ, sell, mortgage, lend, pledge, or otherwise dispose of or
  389  otherwise use and deal in and with, shares and other interests
  390  in, or obligations of, other domestic or foreign corporations,
  391  whether for profit or not for profit, associations,
  392  partnerships, or individuals, or direct or indirect obligations
  393  of the United States, or any other government, state, territory,
  394  government district, municipality, or any instrumentality
  395  thereof.
  396         6. The corporation may not lend money for its corporate
  397  purposes, invest and reinvest its funds, or take and hold real
  398  and personal property as security for the payment of funds lent
  399  or invested.
  400         7. The corporation may not merge with other corporations or
  401  other business entities.
  402         8. The corporation may not enter into any contract, lease,
  403  or other agreement related to the use of ground or surface
  404  waters located in, on, or through the preserve without the
  405  consent of the Board of Trustees of the Internal Improvement
  406  Trust Fund and permits that may be required by the Department of
  407  Environmental Protection or the appropriate water management
  408  district under chapters 373 and 403.
  409         9. The corporation may not grant any easements in, on, or
  410  across the preserve. Any easements to be granted for the use of,
  411  access to, or ingress and egress across state property within
  412  the preserve must be executed by the Board of Trustees of the
  413  Internal Improvement Trust Fund as the owners of the state
  414  property within the preserve. Any easements to be granted for
  415  the use of, access to, or ingress and egress across property
  416  within the preserve titled in the name of a local government
  417  must be granted by the governing body of that local government.
  418         10. The corporation may not enter into any contract, lease,
  419  or other agreement related to the use and occupancy of the
  420  property within the preserve for a period greater than 10 years.
  421         (d) The members may, with the written approval of the
  422  commission and in consultation with the department, designate
  423  hunting, fishing, and trapping zones and may establish
  424  additional periods when no hunting, fishing, or trapping shall
  425  be permitted for reasons of public safety, administration, and
  426  the protection and enhancement of nongame habitat and nongame
  427  species, as defined under s. 379.101.
  428         (e) The corporation shall have the sole and exclusive right
  429  to use the words “Babcock Ranch, Inc.,” and any seal, emblem, or
  430  other insignia adopted by the members. Without the express
  431  written authority of the corporation, no person may use the
  432  words “Babcock Ranch, Inc.,” as the name under which that person
  433  conducts or purports to conduct business, for the purpose of
  434  trade or advertisement, or in any manner that may suggest any
  435  connection with the corporation.
  436         (f) The corporation may from time to time appoint advisory
  437  committees to further any part of this section. The advisory
  438  committees shall be reflective of the expertise necessary for
  439  the particular function for which the committee is created, and
  440  may include public agencies, private entities, and not-for
  441  profit conservation and agricultural representatives.
  442         (g) State laws governing the procurement of commodities and
  443  services by state agencies, as provided in s. 287.057, shall
  444  apply to the corporation.
  445         (h) The corporation and its subsidiaries must provide equal
  446  employment opportunities for all persons regardless of race,
  447  color, religion, gender, national origin, age, handicap, or
  448  marital status.
  449         (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
  450  REQUIREMENTS.—
  451         (a) The board of directors may establish and manage an
  452  operating fund to address the corporation’s unique cash-flow
  453  needs and to facilitate the management and operation of the
  454  preserve as a working ranch.
  455         (b) The board of directors shall provide for an annual
  456  financial audit of the corporate accounts and records to be
  457  conducted by an independent certified public accountant in
  458  accordance with rules adopted by the Auditor General under s.
  459  11.45(8). The audit report shall be submitted no later than 3
  460  months following the end of the fiscal year to the Auditor
  461  General, the President of the Senate, the Speaker of the House
  462  of Representatives, and the appropriate substantive and fiscal
  463  committees of the Legislature. The Auditor General, the Office
  464  of Program Policy Analysis and Government Accountability, and
  465  the substantive or fiscal committees of the Legislature to which
  466  legislation affecting the Babcock Ranch Preserve may be referred
  467  shall have the authority to require and receive from the
  468  corporation or from the independent auditor any records relative
  469  to the operation of the corporation.
  470         (c) Not later than January 15 of each year, Babcock Ranch,
  471  Inc., shall submit to the Board of Trustees of the Internal
  472  Improvement Trust Fund, the President of the Senate, the Speaker
  473  of the House of Representatives, the department, and the
  474  commission a comprehensive and detailed report of its
  475  operations, activities, and accomplishments for the prior year,
  476  including information on the status of the ecological, cultural,
  477  and financial resources being managed by the corporation, and
  478  benefits provided by the preserve to local communities. The
  479  report shall also include a section describing the corporation’s
  480  goals for the current year.
  481         (d) The board of directors shall prepare an annual budget
  482  with the goal of achieving a financially self-sustaining
  483  operation within 15 full fiscal years after the initial
  484  acquisition of the Babcock Ranch by the state. The department
  485  shall provide necessary assistance, including details as
  486  necessary, to the corporation for the timely formulation and
  487  submission of an annual legislative budget request for
  488  appropriations, if any, to support the administration,
  489  operation, and maintenance of the preserve. A request for
  490  appropriations shall be submitted to the department and shall be
  491  included in the department’s annual legislative budget request.
  492  Requests for appropriations shall be submitted to the department
  493  in time to allow the department to meet the requirements of s.
  494  216.023. The department may not deny a request or refuse to
  495  include in its annual legislative budget submission a request
  496  from the corporation for an appropriation.
  497         (e) Notwithstanding any other provision of law, all moneys
  498  received from donations or from management of the preserve shall
  499  be retained by the corporation in the operating fund and shall
  500  be available, without further appropriation, for the
  501  administration, preservation, restoration, operation and
  502  maintenance, improvements, repairs, and related expenses
  503  incurred with respect to properties being managed by the
  504  corporation. Except as provided in this section, moneys received
  505  by the corporation for the management of the preserve shall not
  506  be subject to distribution by the state. Upon assuming
  507  management responsibilities for the preserve, the corporation
  508  shall optimize the generation of income based on existing
  509  marketing conditions to the extent that activities do not
  510  unreasonably diminish the long-term environmental, agricultural,
  511  scenic, and natural values of the preserve, or the multiple-use
  512  and sustained-yield capability of the land.
  513         (f) All parties in contract with the corporation and all
  514  holders of leases from the corporation which are authorized to
  515  occupy, use, or develop properties under the management
  516  jurisdiction of the corporation must procure proper insurance as
  517  is reasonable or customary to insure against any loss in
  518  connection with the properties or with activities authorized in
  519  the leases or contracts.
  520         (11) COMPREHENSIVE BUSINESS PLAN.—
  521         (a) A comprehensive business plan for the management and
  522  operation of the preserve as a working ranch and amendments to
  523  the business plan may be developed only with input from the
  524  department and the commission, and may be implemented by Babcock
  525  Ranch, Inc., only upon expiration of the management agreement
  526  attached as Exhibit “E” to that certain agreement for sale and
  527  purchase approved by the Board of Trustees of the Internal
  528  Improvement Trust Fund on November 22, 2005, and by Lee County
  529  on November 20, 2005.
  530         (b) Any final decision of Babcock Ranch, Inc., to adopt or
  531  amend the comprehensive business plan or to approve any activity
  532  related to the management of the renewable surface resources of
  533  the preserve shall be made in sessions that are open to the
  534  public. The board of directors shall establish procedures for
  535  providing adequate public information and opportunities for
  536  public comment on the proposed comprehensive business plan for
  537  the preserve or for amendments to the comprehensive business
  538  plan adopted by the members.
  539         (c) Not less than 2 years prior to the corporation’s
  540  assuming management and operation responsibilities for the
  541  preserve, the corporation, with input from the commission and
  542  the department, must begin developing the comprehensive business
  543  plan to carry out the purposes of this section. To the extent
  544  consistent with these purposes, the comprehensive business plan
  545  shall provide for:
  546         1. The management and operation of the preserve as a
  547  working ranch;
  548         2. The protection and preservation of the environmental,
  549  agricultural, scientific, scenic, geologic, watershed, fish,
  550  wildlife, historic, cultural, and recreational values of the
  551  preserve;
  552         3. The promotion of high-quality hunting experiences for
  553  the public, with emphasis on deer, turkey, and other game
  554  species;
  555         4. Multiple use and sustained yield of renewable surface
  556  resources within the preserve;
  557         5. Public use of and access to the preserve for recreation;
  558  and
  559         6. The use of renewable resources and management
  560  alternatives that, to the extent practicable, benefit local
  561  communities and small businesses and enhance the coordination of
  562  management objectives with those on surrounding public or
  563  private lands. The use of renewable resources and management
  564  alternatives should provide cost savings to the corporation
  565  through the exchange of services, including, but not limited to,
  566  labor and maintenance of facilities, for resources or services
  567  provided to the corporation.
  568         (d) On or before the date on which title to the portion of
  569  the Babcock Crescent B Ranch being purchased by the state as
  570  provided in s. 259.1052 is vested in the Board of Trustees of
  571  the Internal Improvement Trust Fund, Babcock Ranch Management,
  572  LLC, a limited liability company incorporated in this state,
  573  shall provide the commission and the department with the
  574  management plan and business plan in place for the operation of
  575  the ranch as of November 22, 2005, the date on which the board
  576  of trustees approved the purchase.
  577         (5)(12) MANAGEMENT OF PRESERVE; FEES.—
  578         (a) The department corporation shall assume all authority
  579  provided by this section to manage and operate the preserve as a
  580  working ranch upon the termination or expiration of the
  581  management agreement attached as Exhibit “E” to that certain
  582  Agreement for Sale and Purchase approved by the Board of
  583  Trustees of the Internal Improvement Trust Fund on November 22,
  584  2005, and by Lee County on November 20, 2005 a determination by
  585  the Board of Trustees of the Internal Improvement Trust Fund
  586  that the corporation is able to conduct business, and that
  587  provision has been made for essential services on the preserve,
  588  which, to the maximum extent practicable, shall be made no later
  589  than 60 days prior to the termination of the management
  590  agreement referenced in paragraph (11)(a).
  591         (b) Upon assuming management and operation of the preserve,
  592  the department corporation shall:
  593         1. With input from the commission and the department,
  594  Manage and operate the preserve and the uses thereof, including,
  595  but not limited to, the activities necessary to administer and
  596  operate the preserve as a working ranch; the activities
  597  necessary for the preservation and development of the land and
  598  renewable surface resources of the preserve; the activities
  599  necessary for interpretation of the history of the preserve on
  600  behalf of the public; the activities necessary for the
  601  management, public use, and occupancy of facilities and lands
  602  within the preserve; and the maintenance, rehabilitation,
  603  repair, and improvement of property within the preserve.;
  604         2. Develop programs and activities relating to the
  605  management of the preserve as a working ranch.;
  606         3. Negotiate directly with and enter into such agreements,
  607  leases, contracts, and other arrangements with any person, firm,
  608  association, organization, corporation, or governmental entity,
  609  including entities of federal, state, and local governments, as
  610  are necessary and appropriate to carry out the purposes and
  611  activities authorized by this section;
  612         3.4. Establish procedures for entering into lease
  613  agreements and other agreements for the use and occupancy of the
  614  facilities of the preserve. The procedures shall ensure
  615  reasonable competition and set guidelines for determining
  616  reasonable fees, terms, and conditions for such agreements.; and
  617         4.5. Assess reasonable fees for admission to, use of, and
  618  occupancy of the preserve to offset costs of operating the
  619  preserve as a working ranch. These fees are independent of fees
  620  assessed by the commission for the privilege of hunting,
  621  fishing, or pursuing outdoor recreational activities within the
  622  preserve, and shall be deposited into the Incidental Trust Fund
  623  of the Florida Forest Service, subject to appropriation by the
  624  Legislature operating fund established by the board of directors
  625  under the authority provided under this section.
  626         (c) The commission, in cooperation with the department,
  627  shall:
  628         1. Establish and implement public hunting and other fish
  629  and wildlife management activities. Tier I and Tier II public
  630  hunting opportunities shall be provided consistent with the
  631  management plan and the recreation master plan.
  632         a. Tier I public hunting shall provide hunting
  633  opportunities similar to those offered on wildlife management
  634  areas with an emphasis on youth and family-oriented hunts.
  635         b. Tier II public hunting shall be provided specifically by
  636  fee-based permitting to ensure compatibility with livestock
  637  grazing and other essential agricultural operations on the
  638  preserve.
  639         2. Establish and administer permit fees for Tier II public
  640  hunting to capitalize on the value of hunting on portions of the
  641  preserve and to help ensure that the preserve is financially
  642  self-sufficient. The fees shall be deposited into the State Game
  643  Trust Fund of the Fish and Wildlife Conservation Commission to
  644  be used to offset the costs of providing public hunting and to
  645  support fish and wildlife management and other land management
  646  activities on the preserve.
  647         (d) The Board of Trustees of the Internal Improvement Trust
  648  Fund or its designated agent may:
  649         1. Negotiate directly with, and enter into such agreements,
  650  leases, contracts, and other arrangements with, any person,
  651  firm, association, organization, corporation, or governmental
  652  entity, including entities of federal, state, and local
  653  governments, as are necessary and appropriate to carry out the
  654  purposes and activities authorized by this section.
  655         2. Grant privileges, leases, concessions, and permits for
  656  the use of land for the accommodation of visitors to the
  657  preserve; however, natural curiosities or objects of interest
  658  may not be granted, leased, or rented on terms that deny or
  659  interfere with free access to them by the public. Such grants,
  660  leases, and permits may be made and given without advertisement
  661  or securing competitive bids. Such grants, leases, or permits
  662  may not be assigned or transferred by any grantee without
  663  consent of the Board of Trustees of the Internal Improvement
  664  Trust Fund or its designated agent.
  665         (13) MISCELLANEOUS PROVISIONS.—
  666         (a) Except for the powers of the commissioner provided in
  667  this section, and the powers of the commission provided in s. 9,
  668  Art. IV of the State Constitution, the preserve shall be managed
  669  by Babcock Ranch, Inc.
  670         (b) Officers and employees of Babcock Ranch, Inc., are
  671  private employees. At the request of the board of directors, the
  672  commission and the department may provide state employees for
  673  the purpose of implementing this section. Any state employees
  674  provided to assist the directors in implementing this section
  675  for more than 30 days shall be provided on a reimbursable basis.
  676  Reimbursement to the commission and the department shall be made
  677  from the corporation’s operating fund provided under this
  678  section and not from any funds appropriated to the corporation
  679  by the Legislature.
  680         (6)(14) DISSOLUTION OF BABCOCK RANCH ADVISORY GROUP, INC.—
  681         (a) The corporation may be dissolved only by an act of the
  682  Legislature.
  683         (b) Upon dissolution of the corporation, the management
  684  responsibilities provided in this section shall revert to the
  685  commission and the department unless otherwise provided by the
  686  Legislature under the act dissolving Babcock Ranch, Inc.
  687         (c)The Babcock Ranch Advisory Group shall terminate on
  688  June 30, 2018. Upon dissolution of the Babcock Ranch Advisory
  689  Group corporation, any cash balances of funds shall revert to
  690  the Incidental Trust Fund of the Florida Forest Service General
  691  Revenue Fund or such other state fund as may be provided under
  692  the act dissolving Babcock Ranch, Inc.
  693  
  694  ================= T I T L E  A M E N D M E N T ================
  695         And the title is amended as follows:
  696         Between lines 6 and 7
  697  insert:
  698         259.1052, F.S.; providing for Lee County to retain
  699         ownership and assume responsibility for management of
  700         a specified portion of the Babcock Crescent B Ranch
  701         Florida Forever acquisition; requiring certain
  702         activities on the property to be compatible with
  703         working ranch and agricultural activities;
  704         establishing the Department of Agriculture and
  705         Consumer Services as the lead agency responsible for
  706         managing the Babcock Crescent B Ranch; repealing s.
  707         259.10521, F.S., relating to the citizen support
  708         organization for the Babcock Crescent B Ranch and use
  709         of the ranch property; amending s. 259.1053, F.S.;
  710         deleting and revising provisions of the Babcock
  711         Preserve Ranch Act to conform to the termination or
  712         expiration of the management agreement and the
  713         dissolution of Babcock Ranch, Inc.; revising
  714         definitions; providing legislative findings; creating
  715         the Babcock Ranch Advisory Group; providing for the
  716         department to manage and operate the preserve;
  717         requiring certain fees to be deposited into the
  718         Incidental Trust Fund of the Florida Forest Service of
  719         the Department of Agriculture and Consumer Services,
  720         subject to appropriation; directing the Fish and
  721         Wildlife Conservation Commission, in cooperation with
  722         the department, to establish, implement, and
  723         administer certain activities and fees; requiring such
  724         fees to be deposited into the State Game Trust Fund of
  725         the Fish and Wildlife Conservation Commission and used
  726         for specified purposes; authorizing the Board of
  727         Trustees of the Internal Improvement Trust Fund to
  728         negotiate and enter into certain agreements and grant
  729         certain privileges, leases, concessions, and permits;
  730         providing for certain funds to revert to the
  731         Incidental Trust Fund of the Florida Forest Service
  732         upon dissolution of the Babcock Ranch Advisory Group;
  733         amending s.