Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 466
                                Barcode 486936                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environmental Preservation and Conservation
       (Simpson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 253.42,
    6  Florida Statutes, to read:
    7         253.42 Board of trustees may exchange lands.—The provisions
    8  of this section apply to all lands owned by, vested in, or
    9  titled in the name of the board whether the lands were acquired
   10  by the state as a purchase, or through gift, donation, or any
   11  other conveyance for which no consideration was paid.
   12         (4)(a) A private individual or a private or public
   13  corporation with privately held land contiguous to state-owned
   14  land may submit a request directly to the board to exchange
   15  state-owned land for permanent conservation easements over the
   16  privately held land. This subsection does not apply to state
   17  owned sovereign submerged land.
   18         (b) The exchange may be in an amount of state-owned land
   19  not to exceed 640 acres equal in size to the monetary and
   20  ecological equivalent of privately held land that the private
   21  individual or private or public corporation is willing to put
   22  into a permanent conservation easement, not to exceed 1,280
   23  acres per exchange.
   24         (c) The board shall maintain a permanent conservation
   25  easement over the state-owned land being exchanged under this
   26  subsection which is similar to the permanent conservation
   27  easement that is being established over the privately held land.
   28         1. The easement shall:
   29         a. Prohibit conversion of native habitats, road
   30  construction, and use of agricultural irrigation and plant
   31  nutrients.
   32         b. Require a perpetual management plan not limited to
   33  prescribed fire and control of nonnative invasive species and
   34  provide for penalties for failure to perform.
   35         2. The applicant must provide financial assurance that the
   36  land will be maintained according to the terms of the easement.
   37         (d) The board shall consider such request within 180 days
   38  after receipt and may approve the request only if:
   39         1. The privately held land is surrounded by state-owned
   40  land on at least 30 percent of its perimeter, and the exchange
   41  does not create an inholding.
   42         2. The board or the Acquisition and Restoration Council
   43  conducts an advertised public hearing in the county where the
   44  state land is located and recommends the exchange after the
   45  hearing. The hearing must include public comment on the equal
   46  value exchange required under subsection (2).
   47         3. The board makes an affirmative determination, based
   48  solely on an assessment on the exchanged land’s ecological
   49  resources, that the property is no longer needed for
   50  conservation purposes pursuant to s. 18, Art. X of the State
   51  Constitution.
   52         4. The approval does not result in the board, the
   53  Department of Environmental Protection, the Department of
   54  Agriculture and Consumer Services, the Fish and Wildlife
   55  Conservation Commission, or a water management district
   56  violating the terms of a preexisting lease agreement.
   57         5. The exchange of privately held land and state-owned land
   58  pursuant to paragraph (a) will not result in a net gain of
   59  conservation value.
   60         6. The applicant agrees to reimburse the state for mapping,
   61  surveys, appraisals, environmental assessments, legal work, and
   62  closing costs.
   63         7. Such request is approved by a three-fourths vote of the
   64  board.
   65         (e) Special consideration shall be given to a request
   66  submitted pursuant to this subsection that maintains public
   67  access for any recreational purposes allowed on the state-owned
   68  land at the time the request is submitted to the board.
   69         (f) Lands that are exchanged pursuant to this subsection
   70  are subject to inspection by the Department of Environmental
   71  Protection to ensure compliance with the terms of all permanent
   72  conservation easements constituting the exchange.
   73         Section 2. This act shall take effect July 1, 2013.
   75  ================= T I T L E  A M E N D M E N T ================
   76         And the title is amended as follows:
   77         Delete everything before the enacting clause
   78  and insert:
   79                        A bill to be entitled                      
   80         An act relating to state lands; amending s. 253.42,
   81         F.S.; authorizing individuals and corporations to
   82         submit requests to the Board of Trustees of the
   83         Internal Improvement Trust Fund to exchange state
   84         owned land for conservation easements over privately
   85         held land; providing criteria for consideration of
   86         such requests; providing that such lands are subject
   87         to inspection; providing an effective date.