Florida Senate - 2016 SB 1290
By Senator Simpson
18-00774-16 20161290__
1 A bill to be entitled
2 An act relating to state lands; amending s. 253.025,
3 F.S.; authorizing the Board of Trustees of the
4 Internal Improvement Trust Fund to waive certain
5 requirements and rules and substitute procedures
6 relating to the acquisition of state lands under
7 certain conditions; providing that title to certain
8 acquired lands are vested in the board; providing for
9 the administration of such lands; authorizing the
10 board to adopt specified rules; revising requirements
11 for the appraisal of lands proposed for acquisition;
12 requiring an agency proposing an acquisition to pay
13 the associated costs; deleting provisions directing
14 the board to approve qualified fee appraisal
15 organizations; requiring fee appraisers to submit
16 certain affidavits to an agency before contracting
17 with a participant in a multiparty agreement;
18 prohibiting fee appraisers from negotiating with
19 property owners; providing for the Minimum Technical
20 Standards for Land Surveying in Florida to be
21 published by the Department of Agriculture and
22 Consumer Services rather than the Department of
23 Business and Professional Regulation; authorizing the
24 disclosure of confidential appraisal reports under
25 certain conditions; providing for public agencies and
26 nonprofit organizations to enter into written
27 agreements with the Department of Environmental
28 Protection rather than the Division of State Lands to
29 purchase and hold property for subsequent resale to
30 the board rather than the division; revising the
31 definition of the term “nonprofit organization”;
32 directing the board to adopt by rule the method for
33 determining the value of parcels sought to be acquired
34 by state agencies; providing requirements for such
35 acquisitions; expanding the scope of real estate
36 acquisition services for which the board and state
37 agencies may contract; authorizing the Department of
38 Environmental Protection to use outside counsel to
39 review any agreements or documents or to perform
40 acquisition closings under certain conditions;
41 requiring state agencies to furnish the Department of
42 Environmental Protection rather than the Division of
43 State Lands with specified acquisition documents;
44 providing that the purchase price of certain parcels
45 is not subject to an increase or decrease as a result
46 of certain circumstances; authorizing the board of
47 trustees to direct the Department of Environmental
48 Protection to exercise eminent domain for the
49 acquisition of certain conservation parcels under
50 certain circumstances; authorizing the Department of
51 Environmental Protection to exercise condemnation
52 authority directly or by contracting with the
53 Department of Transportation or a water management
54 district to provide such service; authorizing the
55 board to direct the Department of Environmental
56 Protection to purchase lands on an immediate basis
57 using specified funds; authorizing the board of
58 trustees to waive or modify all procedures required
59 for such land acquisition; providing that title to
60 certain lands held jointly by the board and a water
61 management district meet the standards necessary for
62 ownership by the board; defining the term “projects”
63 for purposes of land acquisition; creating s.
64 253.0251, F.S.; providing for the use of alternatives
65 to fee simple acquisition by public land acquisition
66 agencies; amending s. 253.03, F.S.; deleting
67 provisions directing the board to adopt by rule an
68 annual administrative fee for certain leases and
69 similar instruments; revising the criteria by which
70 specified structures have the right to continue
71 submerged land leases; directing the board to adopt by
72 rule an annual administrative fee for certain leases
73 and instruments; authorizing nonwater-dependent uses
74 for submerged lands; amending s. 253.031, F.S.;
75 providing for the Department of Environmental
76 Protection to maintain documents concerning all state
77 lands; deleting an obsolete provision; amending s.
78 253.034, F.S.; authorizing the department to submit
79 certain state-owned lands to the board for
80 consideration; requiring that all nonconservation land
81 use plans are managed to provide the greatest benefit
82 to the state; deleting provisions requiring an
83 analysis of natural or cultural resources as part of a
84 nonconservation land use plan; specifying that certain
85 management and short-term and long-term goals for the
86 conservation of plant and animal species apply to
87 conservation lands; providing conditions under which
88 the Secretary of Environmental Protection,
89 Commissioner of Agriculture, or executive director of
90 the Fish and Wildlife Conservation Commission or their
91 designees are required to submit land management plans
92 to the board; requiring that updated land management
93 plans identify conservation lands that are no longer
94 needed for conservation purposes; deleting provisions
95 directing the board to make certain determinations
96 regarding the surplus and disposition of state lands;
97 deleting provisions requiring that buildings and
98 parcels of land be offered for lease to state
99 agencies, state universities, and Florida College
100 System institutions before being offered for lease or
101 sale to a local or federal unit of government or a
102 private party; amending s. 253.0341, F.S.; deleting
103 provisions requiring that county or local government
104 requests for the state to surplus conservation or
105 nonconservation lands be expedited; directing the
106 board to make certain determinations regarding the
107 surplus and disposition of state lands; providing that
108 lands acquired before a certain date using specified
109 proceeds are deemed to have been acquired for
110 conservation purposes; providing that certain lands
111 used by the Department of Corrections, the Department
112 of Management Services, and the Department of
113 Transportation may not be designated as lands acquired
114 for conservation purposes; requiring updated land
115 management plans to identify conservation lands that
116 are no longer needed and could be disposed of;
117 requiring the Division of State Lands to review state
118 owned conservation lands and determine if such lands
119 are no longer needed and could be disposed of and to
120 submit a list of such lands to the Acquisition and
121 Restoration Council; requiring the council to provide
122 certain recommendations to the board regarding
123 conservation lands; requiring the division to review
124 certain nonconservation lands and make recommendations
125 to the board as to whether such lands should be
126 retained in public ownership or disposed of; deleting
127 an obsolete provision; requiring that buildings and
128 parcels of land be offered for lease to state
129 agencies, state universities, and Florida College
130 System institutions before being offered for lease or
131 sale to a local or federal unit of government or a
132 private party; providing for the valuation and
133 disposition of surplus lands; providing for the
134 deposit of proceeds from the sale of such lands;
135 authorizing the board to adopt rules; amending s.
136 253.111, F.S.; revising provisions requiring the board
137 to afford an opportunity to local governments to
138 purchase certain lands; amending s. 253.42, F.S.;
139 authorizing individuals or entities to submit requests
140 to the Division of State Lands to exchange state-owned
141 land for privately held land; requiring the state to
142 retain permanent conservation easements over the
143 state-owned land and all or a portion of the privately
144 held land; requiring the division to review requests
145 and provide recommendations to the Acquisition and
146 Restoration Council; providing applicability;
147 directing the board to consider a request if certain
148 conditions are met; providing special consideration
149 for certain requests; providing that such lands are
150 subject to inspection; amending s. 253.782, F.S.;
151 deleting a provision directing the Department of
152 Environmental Protection to retain ownership of and
153 maintain lands or interests in land owned by the
154 board; amending s. 253.7821, F.S.; assigning the Cross
155 Florida Greenways State Recreation and Conservation
156 Area to the Department of Environmental Protection
157 rather than the Office of Greenways Management within
158 the Office of the Secretary; creating s. 253.87, F.S.;
159 directing the Department of Environmental Protection
160 to include certain county, municipal, state, and
161 federal lands in the Florida State-Owned Lands and
162 Records Information System (FL-SOLARIS) database and
163 to update the database at specified intervals;
164 requiring counties, municipalities, and financially
165 disadvantaged small communities to submit a list of
166 certain lands to the department by a specified date
167 and at specified intervals; directing the department
168 to conduct a study and submit a report to the Governor
169 and the Legislature on the technical and economic
170 feasibility of including certain lands in the database
171 or a similar public lands inventory; amending s.
172 259.01, F.S.; renaming the “Land Conservation Act of
173 1972” as the “Land Conservation Program”; repealing s.
174 259.02, F.S., relating to issuance of state bonds for
175 certain land projects; amending s. 259.03, F.S.;
176 revising the definition of the term “water resource
177 development project” to include construction of
178 treatment, transmission, and distribution facilities;
179 amending s. 259.032, F.S.; conforming cross
180 references; revising provisions relating to the
181 management of conservation and recreation lands to
182 conform with changes made by the act; revising duties
183 of the Acquisition and Restoration Council; amending
184 s. 259.035, F.S.; requiring recipients of funds from
185 the Land Acquisition Trust Fund to annually report
186 certain performance measures to the Department of
187 Environmental Protection rather than the Division of
188 State Lands; amending s. 259.036, F.S.; revising the
189 composition of the regional land management review
190 team; providing for the Department of Environmental
191 Protection rather than the Division of State Lands to
192 act as the review team coordinator; revising
193 requirements for conservation and recreation land
194 management reviews and plans; amending s. 259.037,
195 F.S.; removing the director of the Office of Greenways
196 and Trails from the Land Management Uniform Accounting
197 Council; repealing s. 259.041, F.S., relating to the
198 acquisition of state-owned lands for preservation,
199 conservation, and recreation purposes; amending s.
200 259.047, F.S.; revising provisions relating to the
201 acquisition of land on which an agricultural lease
202 exists to conform with changes made by the act;
203 amending s. 259.101, F.S.; conforming cross
204 references; revising provisions relating to alternate
205 use of lands acquired under the Florida Preservation
206 2000 Act to conform with changes made by the act;
207 deleting provisions for alternatives to fee simple
208 acquisition of such lands to conform with changes made
209 by the act; amending s. 259.105, F.S.; deleting
210 provisions requiring the advancement of certain goals
211 and objectives of imperiled species management on
212 state lands to conform with changes made by the act;
213 conforming cross-references; revising provisions
214 directing the Acquisition and Restoration Council to
215 give increased priority to certain projects when
216 developing proposed rules relating to Florida Forever
217 funding and additions to the Conservation and
218 Recreation Lands list; deleting provisions requiring
219 that such rules be submitted to the Legislature for
220 review; amending s. 259.1052, F.S.; deleting
221 provisions authorizing the Department of Environmental
222 Protection to distribute revenues from the Florida
223 Forever Trust Fund for the acquisition of a portion of
224 Babcock Crescent B Ranch; amending ss. 73.015,
225 125.355, 166.045, 215.82, 215.965, 253.027, 253.7824,
226 260.015, 260.016, 369.317, 373.139, 375.031, 375.041,
227 380.05, 380.055, 380.508, 589.07, 944.10, 957.04,
228 985.682, and 1013.14, F.S.; conforming cross
229 references; providing an effective date.
230
231 Be It Enacted by the Legislature of the State of Florida:
232
233 Section 1. Section 253.025, Florida Statutes, is amended to
234 read:
235 253.025 Acquisition of state lands for purposes other than
236 preservation, conservation, and recreation.—
237 (1)(a) Neither The Board of Trustees of the Internal
238 Improvement Trust Fund or nor its duly authorized agent may not
239 shall commit the state, through any instrument of negotiated
240 contract or agreement for purchase, to the purchase of lands
241 with or without appurtenances unless the provisions of this
242 section has have been fully complied with.
243 (b) Except for the requirements of subsections (4), (11),
244 and (22), if the public’s interest is reasonably protected, the
245 board of trustees may:
246 1. Waive any requirements of this section.
247 2. Waive any rules adopted pursuant to this section,
248 notwithstanding chapter 120.
249 3. Substitute other reasonably prudent procedures.
250 (c) However, The board of trustees may also substitute
251 federally mandated acquisition procedures for the provisions of
252 this section if when federal funds are available and will be
253 used utilized for the purchase of lands, title to which will
254 vest in the board of trustees, and qualification for such
255 federal funds requires compliance with federally mandated
256 acquisition procedures.
257 (d) Notwithstanding any provisions in this section to the
258 contrary, if lands are being acquired by the board of trustees
259 for the anticipated sale, conveyance, or transfer to the Federal
260 Government pursuant to a joint state and federal acquisition
261 project, the board of trustees may use appraisals obtained by
262 the Federal Government in the acquisition of such lands. The
263 board of trustees may waive any provision of this section when
264 land is being conveyed from a state agency to the board.
265 (e) The title to lands acquired pursuant to this section
266 shall vest in the board of trustees pursuant to s. 253.03(1)
267 unless otherwise provided by law, and all such titled lands
268 shall be administered pursuant to s. 253.03.
269 (2) Before Prior to any state agency initiates initiating
270 any land acquisition, except for as pertains to the purchase of
271 property for transportation facilities and transportation
272 corridors and property for borrow pits for road building
273 purposes, the agency shall coordinate with the Division of State
274 Lands to determine the availability of existing, suitable state
275 owned lands in the area and the public purpose for which the
276 acquisition is being proposed. If the state agency determines
277 that no suitable state-owned lands exist, the state agency may
278 proceed to acquire such lands by employing all available
279 statutory authority for acquisition.
280 (3) The board of trustees is authorized to adopt rules to
281 implement this section, including rules governing the terms and
282 conditions of land purchases. The rules shall address, with
283 specificity, but need not be limited to:
284 (a) The procedures to be followed in the acquisition
285 process, including selection of appraisers, surveyors, title
286 agents, and closing agents, and the content of appraisal
287 reports.
288 (b) The determination of the value of parcels which the
289 state has an interest in acquiring.
290 (c) Special requirements when multiple landowners are
291 involved in an acquisition.
292 (d) Requirements for obtaining written option agreements so
293 that the interests of the state are fully protected.
294 (4) An agreement to acquire real property for the purposes
295 described in this chapter, chapter 260, or chapter 375, title to
296 which will vest in the board of trustees, may not bind the state
297 before the agreement is reviewed and approved by the Department
298 of Environmental Protection as complying with this section and
299 any rules adopted pursuant to this section. If any of the
300 following conditions exist, the agreement shall be submitted to
301 and approved by the board of trustees:
302 (a) The purchase price agreed to by the seller exceeds the
303 value as established pursuant to the rules of the board of
304 trustees;
305 (b) The contract price agreed to by the seller and the
306 acquiring agency exceeds $1 million;
307 (c) The acquisition is the initial purchase in a Florida
308 Forever project; or
309 (d) Other conditions that the board of trustees may adopt
310 by rule. Such conditions may include, but are not limited to,
311 Florida Forever projects when title to the property being
312 acquired is considered nonmarketable or is encumbered in such a
313 way as to significantly affect its management.
314
315 If approval of the board of trustees is required pursuant to
316 this subsection, the acquiring agency must provide a
317 justification as to why it is in the public’s interest to
318 acquire the parcel or Florida Forever project. Approval of the
319 board of trustees is also required for Florida Forever projects
320 the department recommends acquiring pursuant to subsections (11)
321 and (22). Review and approval of agreements for acquisitions for
322 Florida Greenways and Trails Program properties pursuant to
323 chapter 260 may be waived by the department in any contract with
324 nonprofit corporations that have agreed to assist the department
325 with this program. If the contribution of the acquiring agency
326 exceeds $100 million in any one fiscal year, the agreement shall
327 be submitted to and approved by the Legislative Budget
328 Commission.
329 (5)(3) Land acquisition procedures provided for in this
330 section are for voluntary, negotiated acquisitions.
331 (6)(4) For the purposes of this section, the term
332 “negotiations” does not include preliminary contacts with the
333 property owner to determine the availability of the property,
334 existing appraisal data, existing abstracts, and surveys.
335 (7)(5) Evidence of marketable title shall be provided by
336 the landowner before prior to the conveyance of title, as
337 provided in the final agreement for purchase. Such evidence of
338 marketability shall be in the form of title insurance or an
339 abstract of title with a title opinion. The board of trustees
340 may waive the requirement that the landowner provide evidence of
341 marketable title, and, in such case, the acquiring agency shall
342 provide evidence of marketable title. The board of trustees or
343 its designee may waive the requirement of evidence of
344 marketability for acquisitions of property assessed by the
345 county property appraiser at $10,000 or less, if where the
346 Division of State Lands finds, based upon such review of the
347 title records as is reasonable under the circumstances, that
348 there is no apparent impediment to marketability, or to
349 management of the property by the state.
350 (8)(6) Before approval by the board of trustees, or, when
351 applicable, the Department of Environmental Protection, of any
352 agreement to purchase land pursuant to this chapter, chapter
353 259, chapter 260, or chapter 375, and before Prior to
354 negotiations with the parcel owner to purchase any other land
355 pursuant to this section, title to which will vest in the board
356 of trustees, an appraisal of the parcel shall be required as
357 follows:
358 (a) The board of trustees shall adopt by rule the method
359 for determining the value of parcels sought to be acquired by
360 state agencies pursuant to this section.
361 (b)(a) Each parcel to be acquired shall have at least one
362 appraisal. Two appraisals are required when the estimated value
363 of the parcel exceeds $1 million. However, if both appraisals
364 exceed $1 million and differ significantly, a third appraisal
365 may be obtained. If When a parcel is estimated to be worth
366 $100,000 or less and the director of the Division of State Lands
367 finds that the cost of an outside appraisal is not justified, a
368 comparable sales analysis, an appraisal prepared by the
369 division, or other reasonably prudent procedures may be used by
370 the division to estimate the value of the parcel, provided the
371 public’s interest is reasonably protected. The state is not
372 required to appraise the value of lands and appurtenances that
373 are being donated to the state.
374 (c)(b) Appraisal fees and associated costs shall be paid by
375 the agency proposing the acquisition. The board of trustees
376 shall approve qualified fee appraisal organizations. All
377 appraisals used for the acquisition of lands pursuant to this
378 section shall be prepared by a member of an approved appraisal
379 organization or by a state-certified appraiser. The board of
380 trustees shall adopt rules for selecting individuals to perform
381 appraisals pursuant to this section. Each fee appraiser selected
382 to appraise a particular parcel shall, before prior to
383 contracting with the agency or a participant in a multiparty
384 agreement, submit to the that agency an affidavit substantiating
385 that he or she has no vested or fiduciary interest in such
386 parcel.
387 (d) The fee appraiser and the review appraiser for the
388 agency may not act in any manner that may be construed as
389 negotiating with the owner of a parcel proposed for acquisition.
390 (e)(c) The board of trustees shall adopt by rule the
391 minimum criteria, techniques, and methods to be used in the
392 preparation of appraisal reports. Such rules shall incorporate,
393 to the extent practicable, generally accepted appraisal
394 standards. Any appraisal issued for acquisition of lands
395 pursuant to this section must comply with the rules adopted by
396 the board of trustees. A certified survey must be made which
397 meets the minimum requirements for upland parcels established in
398 the Minimum Technical Standards for Land Surveying in Florida
399 published by the Department of Agriculture and Consumer Services
400 Business and Professional Regulation and which accurately
401 portrays, to the greatest extent practicable, the condition of
402 the parcel as it currently exists. The requirement for a
403 certified survey may, in part or in whole, be waived by the
404 board of trustees any time before prior to submitting the
405 agreement for purchase to the Division of State Lands. When an
406 existing boundary map and description of a parcel are determined
407 by the division to be sufficient for appraisal purposes, the
408 division director may temporarily waive the requirement for a
409 survey until any time before prior to conveyance of title to the
410 parcel. The fee appraiser and the review appraiser for the
411 agency shall not act in any way that may be construed as
412 negotiating with the property owner.
413 (f)(d) Appraisal reports are confidential and exempt from
414 the provisions of s. 119.07(1), for use by the agency and the
415 board of trustees, until an option contract is executed or, if
416 no option contract is executed, until 2 weeks before a contract
417 or agreement for purchase is considered for approval by the
418 board of trustees. The Department of Environmental Protection
419 may disclose appraisal reports to private landowners during
420 negotiations for acquisitions using alternatives to fee simple
421 techniques, if the department determines that disclosure of such
422 reports will bring the proposed acquisition to closure. However,
423 the private landowner must agree to maintain the confidentiality
424 of the reports or information. However, The department Division
425 of State Lands may also disclose appraisal information to public
426 agencies or nonprofit organizations that agree to maintain the
427 confidentiality of the reports or information when joint
428 acquisition of property is contemplated, or when a public agency
429 or nonprofit organization enters into a written agreement with
430 the department division to purchase and hold property for
431 subsequent resale to the board of trustees division. In
432 addition, the department division may use, as its own,
433 appraisals obtained by a public agency or nonprofit
434 organization, if provided the appraiser is selected from the
435 department’s division’s list of appraisers and the appraisal is
436 reviewed and approved by the department division. For the
437 purposes of this paragraph, the term “nonprofit organization”
438 means an organization that whose purpose is the preservation of
439 natural resources, and which is exempt from federal income tax
440 under s. 501(c)(3) of the Internal Revenue Code and, for
441 purposes of the acquisition of conservation lands, an
442 organization whose purpose must include the preservation of
443 natural resources. The agency may release an appraisal report
444 when the passage of time has rendered the conclusions of value
445 in the report invalid or when the acquiring agency has
446 terminated negotiations.
447 (g)(e) Before Prior to acceptance of an appraisal, the
448 agency shall submit a copy of such report to the division of
449 State Lands. The division shall review such report for
450 compliance with the rules of the board of trustees. Any
451 questions of applicability of laws affecting an appraisal shall
452 be addressed by the legal office of the agency.
453 (h)(f) The appraisal report shall be accompanied by the
454 sales history of the parcel for at least the previous prior 5
455 years. Such sales history shall include all parties and
456 considerations with the amount of consideration verified, if
457 possible. If a sales history would not be useful, or it is its
458 cost prohibitive compared to the value of a parcel, the sales
459 history may be waived by the board of trustees. The board of
460 trustees shall adopt a rule specifying guidelines for waiver of
461 a sales history.
462 (i)(g) The board of trustees may consider an appraisal
463 acquired by a seller, or any part thereof, in negotiating to
464 purchase a parcel, but such appraisal may not be used in lieu of
465 an appraisal required by this subsection or to determine the
466 maximum offer allowed by law.
467 (j)1. The board of trustees shall adopt by rule the method
468 for determining the value of parcels sought to be acquired by
469 state agencies pursuant to this section. An offer by a state
470 agency may not exceed the value for that parcel as determined
471 pursuant to the highest approved appraisal or the value
472 determined pursuant to the rules of the board of trustees,
473 whichever value is less.
474 2. For a joint acquisition by a state agency and a local
475 government or other entity apart from the state, the joint
476 purchase price may not exceed 150 percent of the value for a
477 parcel as determined in accordance with the limits in
478 subparagraph 1. The state agency share of a joint purchase offer
479 may not exceed what the agency may offer singly pursuant to
480 subparagraph 1.
481 3. This paragraph does not apply to the acquisition of
482 historically unique or significant property as determined by the
483 Division of Historical Resources of the Department of State.
484
485 Notwithstanding this subsection, on behalf of the board of
486 trustees and before the appraisal of parcels approved for
487 purchase under this chapter or chapter 259, the Secretary of
488 Environmental Protection or the director of the Division of
489 State Lands may enter into option contracts to buy such parcels.
490 Any such option contract shall state that the final purchase
491 price is subject to approval by the board of trustees or, if
492 applicable, the Secretary of Environmental Protection, and that
493 the final purchase price may not exceed the maximum offer
494 allowed by law. Any such option contract presented to the board
495 of trustees for final purchase price approval shall explicitly
496 state that payment of the final purchase price is subject to an
497 appropriation from the Legislature. The consideration for such
498 an option may not exceed $1,000 or 0.01 percent of the estimate
499 by the department of the value of the parcel, whichever amount
500 is greater.
501 (9)(7)(a) When the owner is represented by an agent or
502 broker, negotiations may not be initiated or continued until a
503 written statement verifying such agent’s or broker’s legal or
504 fiduciary relationship with the owner is on file with the
505 agency.
506 (b) The board of trustees or any state agency may contract
507 for real estate acquisition services, including, but not limited
508 to, contracts for real estate commission fees, surveying,
509 mapping, environmental audits, title work, and legal and other
510 professional assistance to review acquisition agreements and
511 other documents and to perform acquisition closings. However,
512 the Department of Environmental Protection may use outside
513 counsel to review any agreements or documents or to perform
514 acquisition closings unless department staff can conduct the
515 same activity in 15 days or less.
516 (c) Upon the initiation of negotiations, the state agency
517 shall inform the owner in writing that all agreements for
518 purchase are subject to approval by the board of trustees.
519 (d) All offers or counteroffers shall be documented in
520 writing and shall be confidential and exempt from the provisions
521 of s. 119.07(1) until an option contract is executed, or if no
522 option contract is executed, until 2 weeks before a contract or
523 agreement for purchase is considered for approval by the board
524 of trustees. The agency shall maintain complete and accurate
525 records of all offers and counteroffers for all projects.
526 (e)1. The board of trustees shall adopt by rule the method
527 for determining the value of parcels sought to be acquired by
528 state agencies pursuant to this section. No offer by a state
529 agency, except an offer by an agency acquiring lands pursuant to
530 s. 259.041, may exceed the value for that parcel as determined
531 pursuant to the highest approved appraisal or the value
532 determined pursuant to the rules of the board of trustees,
533 whichever value is less.
534 2. In the case of a joint acquisition by a state agency and
535 a local government or other entity apart from the state, the
536 joint purchase price may not exceed 150 percent of the value for
537 a parcel as determined in accordance with the limits prescribed
538 in subparagraph 1. The state agency share of a joint purchase
539 offer may not exceed what the agency may offer singly as
540 prescribed by subparagraph 1.
541 3. The provisions of this paragraph do not apply to the
542 acquisition of historically unique or significant property as
543 determined by the Division of Historical Resources of the
544 Department of State.
545 (e)(f) When making an offer to a landowner, a state agency
546 shall consider the desirability of a single cash payment in
547 relation to the maximum offer allowed by law.
548 (f)(g) The state shall have the authority to reimburse the
549 owner for the cost of the survey when deemed appropriate. The
550 reimbursement is shall not be considered a part of the purchase
551 price.
552 (g)(h) A final offer shall be in the form of an option
553 contract or agreement for purchase and shall be signed and
554 attested to by the owner and the representative of the agency.
555 Before the agency executes the option contract or agreement for
556 purchase, the contract or agreement shall be reviewed for form
557 and legality by legal staff of the agency. Before the agency
558 signs the agreement for purchase or exercises the option
559 contract, the provisions of s. 286.23 shall be complied with.
560 Within 10 days after the signing of the agreement for purchase,
561 the state agency shall furnish the Department of Environmental
562 Protection Division of State Lands with the original of the
563 agreement for purchase along with copies of the disclosure
564 notice, evidence of marketability, the accepted appraisal
565 report, the fee appraiser’s affidavit, a statement that the
566 inventory of existing state-owned lands was examined and
567 contained no available suitable land in the area, and a
568 statement outlining the public purpose for which the acquisition
569 is being made and the statutory authority therefor.
570 (h)(i) Within 45 days after of receipt by the Department of
571 Environmental Protection Division of State Lands of the
572 agreement for purchase and the required documentation, the board
573 of trustees or, if when the purchase price does not exceed
574 $100,000, its designee shall either reject or approve the
575 agreement. An approved agreement for purchase is binding on both
576 parties. Any agreement which has been disapproved shall be
577 returned to the agency, along with a statement as to the
578 deficiencies of the agreement or the supporting documentation.
579 An agreement for purchase which has been disapproved by the
580 board of trustees may be resubmitted when such deficiencies have
581 been corrected.
582 (10)(8)(a) A No dedication, gift, grant, or bequest of
583 lands and appurtenances may not be accepted by the board of
584 trustees until the receiving state agency supplies sufficient
585 evidence of marketability of title. The board of trustees may
586 not accept by dedication, gift, grant, or bequest any lands and
587 appurtenances that are determined as being owned by the state
588 either in fee or by virtue of the state’s sovereignty or which
589 are so encumbered so as to preclude the use of such lands and
590 appurtenances for any reasonable public purpose. The board of
591 trustees may accept a dedication, gift, grant, or bequest of
592 lands and appurtenances without formal evidence of
593 marketability, or when the title is nonmarketable, if the board
594 or its designee determines that such lands and appurtenances
595 have value and are reasonably manageable by the state, and that
596 their acceptance would serve the public interest. The state is
597 not required to appraise the value of such donated lands and
598 appurtenances as a condition of receipt.
599 (b) A No deed filed in the public records to donate lands
600 to the board of trustees does not of the Internal Improvement
601 Trust Fund shall be construed to transfer title to or vest title
602 in the board of trustees unless there shall also be filed in the
603 public records, a document indicating that the board of trustees
604 has agreed to accept the transfer of title to such donated lands
605 is also filed in the public records.
606 (c) Notwithstanding any other provision of law, the maximum
607 value of a parcel to be purchased by the board of trustees as
608 determined by the highest approved appraisal or as determined
609 pursuant to the rules of the board of trustees may not be
610 increased or decreased as a result of a change in zoning or
611 permitted land uses, or changes in market forces or prices that
612 occur within 1 year after the date the Department of
613 Environmental Protection or the board of trustees approves a
614 contract to purchase the parcel.
615 (11) Notwithstanding this section, the board of trustees,
616 by an affirmative vote of at least three members, voting at a
617 regularly scheduled and advertised meeting, may direct the
618 Department of Environmental Protection to exercise the power of
619 eminent domain pursuant to chapters 73 and 74 to acquire any
620 conservation parcel identified on the acquisition list
621 established by the Acquisition and Restoration Council and
622 approved by the board of trustees pursuant to chapter 259.
623 However, the board of trustees may only make such a vote under
624 the following circumstances:
625 (a) The state has made at least two bona fide offers to
626 purchase the land through negotiation and, notwithstanding those
627 offers, an impasse between the state and the landowner was
628 reached.
629 (b) The land is of special importance to the state because
630 of one or more of the following reasons:
631 1. It involves an endangered or natural resource and is in
632 imminent danger of development.
633 2. It is of unique value to the state and the failure to
634 acquire it will result in irreparable loss to the state.
635 3. The failure of the state to acquire it will seriously
636 impair the state’s ability to manage or protect other state
637 owned lands.
638
639 Pursuant to this subsection, the department may exercise
640 condemnation authority directly or by contracting with the
641 Department of Transportation or a water management district to
642 provide that service. If the Department of Transportation or a
643 water management district enters into such a contract with the
644 department, the Department of Transportation or a water
645 management district may use statutorily approved methods and
646 procedures ordinarily used by the agency for condemnation
647 purposes.
648 (12)(9) Any conveyance to the board of trustees of fee
649 title shall be made by no less than a special warranty deed,
650 unless the conveyance is from the Federal Government, the county
651 government, or another state agency or, in the event of a gift
652 or donation by quitclaim deed, if the board of trustees, or its
653 designee, determines that the acceptance of such quitclaim deed
654 is in the best interest of the public. A quitclaim deed may also
655 be accepted to aid in clearing title or boundary questions. The
656 title to lands acquired pursuant to this section shall vest in
657 the board of trustees as provided in s. 253.03(1). All such
658 lands, title to which is vested in the board pursuant to this
659 section, shall be administered pursuant to the provisions of s.
660 253.03.
661 (13)(10) The board of trustees may purchase tax
662 certificates or tax deeds issued in accordance with chapter 197
663 relating to property eligible for purchase under this section.
664 (14)(11) The Auditor General shall conduct audits of
665 acquisitions and divestitures which, according to his or her
666 preliminary assessments of board-approved acquisitions and
667 divestitures, he or she deems necessary. These preliminary
668 assessments shall be initiated not later than 60 days after
669 following the board of trustees’ final approval by the board of
670 land acquisitions under this section. If an audit is conducted,
671 the Auditor General shall submit an audit report to the board of
672 trustees, the President of the Senate, the Speaker of the House
673 of Representatives, and their designees.
674 (15)(12) The board of trustees and all affected agencies
675 shall adopt and may modify or repeal such rules and regulations
676 as are necessary to carry out the purposes of this section,
677 including rules governing the terms and conditions of land
678 purchases. Such rules shall address the procedures to be
679 followed, when multiple landowners are involved in an
680 acquisition, in obtaining written option agreements so that the
681 interests of the state are fully protected.
682 (16)(13)(a) The board of trustees of the Internal
683 Improvement Trust Fund may deed property to the Department of
684 Agriculture and Consumer Services, so that the Department of
685 Agriculture and Consumer Services is department shall be able to
686 sell, convey, transfer, exchange, trade, or purchase land on
687 which a forestry facility resides for money or other more
688 suitable property on which to relocate the facility. Any sale or
689 purchase of property by the Department of Agriculture and
690 Consumer Services shall follow the requirements of subsections
691 (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
692 value, and any trade shall ensure that the state is getting at
693 least an equal value for the property. Except as provided in
694 subsections (7)-(10) and (12) (5)-(9), the Department of
695 Agriculture and Consumer Services is excluded from following the
696 provisions of this chapter and chapters 259 and 375. This
697 exclusion does shall not apply to lands acquired for
698 conservation purposes in accordance with s. 253.0341(1) or (2)
699 253.034(6)(a) or (b).
700 (b) In the case of a sale by the Department of Agriculture
701 and Consumer Services of a forestry facility, the proceeds of
702 the sale shall be deposited go into the Department of
703 Agriculture and Consumer Services Incidental Trust Fund. The
704 Legislature may, at the request of the Department of Agriculture
705 and Consumer Services department, appropriate such money within
706 the trust fund to the Department of Agriculture and Consumer
707 Services department for purchase of land and construction of a
708 facility to replace the disposed facility. All proceeds other
709 than land from any sale, conveyance, exchange, trade, or
710 transfer conducted pursuant to as provided for in this
711 subsection shall be deposited into placed within the Department
712 of Agriculture and Consumer Services department’s Incidental
713 Trust Fund.
714 (c) Additional funds may be added from time to time by the
715 Legislature to further the relocation and construction of
716 forestry facilities. If In the instance where an equal trade of
717 land occurs, money from the trust fund may be appropriated for
718 building construction even though no money was received from the
719 trade.
720 (17)(14) Any agency that acquires land on behalf of the
721 board of trustees is authorized to request disbursement of
722 payments for real estate closings in accordance with a written
723 authorization from an ultimate beneficiary to allow a third
724 party authorized by law to receive such payment provided the
725 Chief Financial Officer determines that such disbursement is
726 consistent with good business practices and can be completed in
727 a manner minimizing costs and risks to the state.
728 (18)(15) Pursuant to s. 944.10, the Department of
729 Corrections is responsible for obtaining appraisals and entering
730 into option agreements and agreements for the purchase of state
731 correctional facility sites. An option agreement or agreement
732 for purchase is not binding upon the state until it is approved
733 by the board of trustees of the Internal Improvement Trust Fund.
734 The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
735 (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
736 to all appraisals, offers, and counteroffers of the Department
737 of Corrections for state correctional facility sites.
738 (19)(16) Many parcels of land acquired pursuant to this
739 section may contain cattle-dipping vats as defined in s.
740 376.301. The state is encouraged to continue with the
741 acquisition of such lands, including any the cattle-dipping vats
742 vat.
743 (20)(17) Pursuant to s. 985.682, the Department of Juvenile
744 Justice is responsible for obtaining appraisals and entering
745 into option agreements and agreements for the purchase of state
746 juvenile justice facility sites. An option agreement or
747 agreement for purchase is not binding upon the state until it is
748 approved by the board of trustees of the Internal Improvement
749 Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
750 and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
751 and (d) apply to all appraisals, offers, and counteroffers of
752 the Department of Juvenile Justice for state juvenile justice
753 facility sites.
754 (21)(18) The board of trustees may acquire, pursuant to s.
755 288.980(2)(b), nonconservation lands from the annual list
756 submitted by the Department of Economic Opportunity for the
757 purpose of buffering a military installation against
758 encroachment.
759 (22) The board of trustees, by an affirmative vote of at
760 least three members, may direct the department to purchase lands
761 on an immediate basis using up to 15 percent of the funds
762 allocated to the department pursuant to s. 259.105 for the
763 acquisition of lands that:
764 (a) Are listed or placed at auction by the Federal
765 Government as part of the Resolution Trust Corporation sale of
766 lands from failed savings and loan associations;
767 (b) Are listed or placed at auction by the Federal
768 Government as part of the Federal Deposit Insurance Corporation
769 sale of lands from failed banks; or
770 (c) Will be developed or otherwise lost to potential public
771 ownership, or for which federal matching funds will be lost, by
772 the time the land can be purchased under the program within
773 which the land is listed for acquisition.
774
775 For such acquisitions, the board of trustees may waive or modify
776 all procedures required for land acquisition pursuant to this
777 chapter and all competitive bid procedures required pursuant to
778 chapters 255 and 287. Lands acquired pursuant to this subsection
779 must, at the time of purchase, be on one of the acquisition
780 lists established pursuant to chapter 259, or be essential for
781 water resource development, protection, or restoration, or a
782 significant portion of the lands must contain natural
783 communities or plant or animal species that are listed by the
784 Florida Natural Areas Inventory as critically imperiled,
785 imperiled, or rare, or as excellent quality occurrences of
786 natural communities.
787 (23) Title to lands to be held jointly by the board of
788 trustees and a water management district and acquired pursuant
789 to s. 373.139 may be deemed to meet the standards necessary for
790 ownership by the board of trustees, notwithstanding this section
791 or related rules.
792 (24) For purposes of this section, the term “projects”
793 means those Florida Forever projects selected pursuant to
794 chapter 259.
795 Section 2. Section 253.0251, Florida Statutes, is created
796 to read:
797 253.0251 Alternatives to fee simple acquisition.—
798 (1) The Legislature finds that:
799 (a) With the increasing pressures on the natural areas of
800 this state and on open space suitable for recreational use, the
801 state must develop creative techniques to maximize the use of
802 acquisition and management funds.
803 (b) The state’s conservation and recreational land
804 acquisition agencies should be encouraged to augment their
805 traditional, fee simple acquisition programs with the use of
806 alternatives to fee simple acquisition techniques. In addition,
807 the Legislature finds that generations of private landowners
808 have been good stewards of their land, protecting or restoring
809 native habitats and ecosystems to the benefit of the natural
810 resources of this state, its heritage, and its citizens. The
811 Legislature also finds that using alternatives to fee simple
812 acquisition by public land acquisition agencies will achieve the
813 following public policy goals:
814 1. Allow more lands to be brought under public protection
815 for preservation, conservation, and recreational purposes with
816 less expenditure of public funds.
817 2. Retain, on local government tax rolls, some portion of
818 or interest in lands which are under public protection.
819 3. Reduce long-term management costs by allowing private
820 property owners to continue acting as stewards of their land,
821 when appropriate.
822
823 Therefore, it is the intent of the Legislature that public land
824 acquisition agencies develop programs to pursue alternatives to
825 fee simple acquisition and to educate private landowners about
826 such alternatives and the benefits of such alternatives. It is
827 also the intent of the Legislature that a portion of the shares
828 of Florida Forever bond proceeds be used to purchase eligible
829 properties using alternatives to fee simple acquisition.
830 (2) All applications for alternatives to fee simple
831 acquisition projects shall identify, within their acquisition
832 plans, projects that require a full fee simple interest to
833 achieve the public policy goals, together with the reasons full
834 title is determined to be necessary. The state agencies and the
835 water management districts may use alternatives to fee simple
836 acquisition to bring the remaining projects in their acquisition
837 plans under public protection. For purposes of this section, the
838 phrase “alternatives to fee simple acquisition” includes, but is
839 not limited to, purchase of development rights; obtaining
840 conservation easements; obtaining flowage easements; purchase of
841 timber rights, mineral rights, or hunting rights; purchase of
842 agricultural interests or silvicultural interests; fee simple
843 acquisitions with reservations; creating life estates; or any
844 other acquisition technique that achieves the public policy
845 goals listed in subsection (1). It is presumed that a private
846 landowner retains the full range of uses for all the rights or
847 interests in the landowner’s land which are not specifically
848 acquired by the public agency. The lands upon which hunting
849 rights are specifically acquired pursuant to this section shall
850 be available for hunting in accordance with the management plan
851 or hunting regulations adopted by the Fish and Wildlife
852 Conservation Commission, unless the hunting rights are purchased
853 specifically to protect activities on adjacent lands.
854 (3) When developing the acquisition plan pursuant to s.
855 259.105, the Acquisition and Restoration Council may give
856 preference to those less than fee simple acquisitions that
857 provide any public access. However, the Legislature recognizes
858 that public access is not always appropriate for certain less
859 than fee simple acquisitions. Therefore, any proposed less than
860 fee simple acquisition may not be rejected simply because public
861 access would be limited.
862 (4) The Department of Environmental Protection and each
863 water management district shall implement initiatives to use
864 alternatives to fee simple acquisition and to educate private
865 landowners about such alternatives. The department and the water
866 management districts may enter into joint acquisition agreements
867 to jointly fund the purchase of lands using alternatives to fee
868 simple techniques.
869 (5) The Legislature finds that the lack of direct sales
870 comparison information has served as an impediment to successful
871 implementation of alternatives to fee simple acquisition. It is
872 the intent of the Legislature that, in the absence of direct
873 comparable sales information, appraisals of alternatives to fee
874 simple acquisitions be based on the difference between the full
875 fee simple valuation and the value of the interests remaining
876 with the seller after acquisition.
877 (6) The public agency that has been assigned management
878 responsibility shall inspect and monitor any less than fee
879 simple interest according to the terms of the purchase agreement
880 relating to such interest.
881 Section 3. Subsection (2), paragraph (c) of subsection (7),
882 and subsections (11) and (15) of section 253.03, Florida
883 Statutes, are amended to read:
884 253.03 Board of trustees to administer state lands; lands
885 enumerated.—
886 (2) It is the intent of the Legislature that the board of
887 trustees of the Internal Improvement Trust Fund continue to
888 receive proceeds from the sale or disposition of the products of
889 lands and the sale of lands of which the use and possession are
890 not subsequently transferred by appropriate lease or similar
891 instrument from the board of trustees to the proper using
892 agency. Such using agency shall be entitled to the proceeds from
893 the sale of products on, under, growing out of, or connected
894 with lands which such using agency holds under lease or similar
895 instrument from the board of trustees. The board of trustees of
896 the Internal Improvement Trust Fund is directed and authorized
897 to enter into leases or similar instruments for the use,
898 benefit, and possession of public lands by agencies which may
899 properly use and possess them for the benefit of the state. The
900 board of trustees shall adopt by rule an annual administrative
901 fee for all existing and future leases or similar instruments,
902 to be charged agencies that are leasing land from it. This
903 annual administrative fee assessed for all leases or similar
904 instruments is to compensate the board for costs incurred in the
905 administration and management of such leases or similar
906 instruments.
907 (7)
908 (c) Structures which are listed in or are eligible for the
909 National Register of Historic Places or the State Inventory of
910 Historic Places which are over the waters of the state of
911 Florida and which have a submerged land lease, or have been
912 grandfathered-in to use sovereignty submerged lands until
913 January 1, 1998, pursuant to former rule 18-21.00405, Florida
914 Administrative Code, as it existed in rule on March 15, 1990,
915 shall have the right to continue such submerged land leases,
916 regardless of the fact that the present landholder is not an
917 adjacent riparian landowner, so long as the lessee maintains the
918 structure in a good state of repair consistent with the
919 guidelines for listing. If the structure is damaged or
920 destroyed, the lessee may shall be allowed to reconstruct, so
921 long as the reconstruction is consistent with the integrity of
922 the listed structure and does not increase the footprint of the
923 structure. If a listed structure so listed falls into disrepair
924 and the lessee is not willing to repair and maintain it
925 consistent with its listing, the state may cancel the submerged
926 lease and either repair and maintain the property or require
927 that the structure be removed from sovereignty submerged lands.
928 (11) The board of trustees of the Internal Improvement
929 Trust Fund may adopt rules to provide for the assessment and
930 collection of reasonable fees, commensurate with the actual cost
931 to the board, for disclaimers, easements, exchanges, gifts,
932 leases, releases, or sales of any interest in lands or any
933 applications therefor and for reproduction of documents. All
934 revenues received from the application fees charged by a water
935 management district to process applications that include a
936 request to use state lands are to be retained by the water
937 management district. The board of trustees shall adopt by rule
938 an annual administrative fee for all existing and future leases
939 or similar instruments to be charged to agencies that are
940 leasing land from the board of trustees. This annual
941 administrative fee assessed for all leases or similar
942 instruments is to compensate the board of trustees for costs
943 incurred in the administration and management of such leases or
944 similar instruments.
945 (15) The board of trustees of the Internal Improvement
946 Trust Fund shall encourage the use of sovereign submerged lands
947 for public access and water-dependent uses which may include
948 related minimal secondary nonwater-dependent uses and public
949 access.
950 Section 4. Subsections (8) and (9) of section 253.031,
951 Florida Statutes, are renumbered as subsections (7) and (8),
952 respectively, and present subsections (2) and (7) of that
953 section are amended, to read:
954 253.031 Land office; custody of documents concerning land;
955 moneys; plats.—
956 (2) The board of trustees of the Internal Improvement Trust
957 Fund shall have custody of, and the department shall maintain,
958 all the records, surveys, plats, maps, field notes, and patents
959 and all other evidence touching the title and description of the
960 public domain.
961 (7) The board shall receive all of the tract books, plats,
962 and such records and papers heretofore kept in the United States
963 Land Office at Gainesville, Alachua County, as may be
964 surrendered by the Secretary of the Interior; and the board
965 shall carefully and safely keep and preserve all of said tract
966 books, plats, records, and papers as part of the public records
967 of its office, and at any time allow any duly accredited
968 authority of the United States, full and free access to any and
969 all of such tract books, plats, records, and papers, and shall
970 furnish any duly accredited authority of the United States with
971 copies of any such records without charge.
972 Section 5. Section 253.034, Florida Statutes, is amended to
973 read:
974 253.034 State-owned lands; uses.—
975 (1) All lands acquired pursuant to chapter 259 shall be
976 managed to serve the public interest by protecting and
977 conserving land, air, water, and the state’s natural resources,
978 which contribute to the public health, welfare, and economy of
979 the state. These lands shall be managed to provide for areas of
980 natural resource based recreation, and to ensure the survival of
981 plant and animal species and the conservation of finite and
982 renewable natural resources. The state’s lands and natural
983 resources shall be managed using a stewardship ethic that
984 assures these resources will be available for the benefit and
985 enjoyment of all people of the state, both present and future.
986 It is the intent of the Legislature that, where feasible and
987 consistent with the goals of protection and conservation of
988 natural resources associated with lands held in the public trust
989 by the Board of Trustees of the Internal Improvement Trust Fund,
990 public land not designated for single-use purposes pursuant to
991 paragraph (2)(b) be managed for multiple-use purposes. All
992 multiple-use land management strategies shall address public
993 access and enjoyment, resource conservation and protection,
994 ecosystem maintenance and protection, and protection of
995 threatened and endangered species, and the degree to which
996 public-private partnerships or endowments may allow the entity
997 with management responsibility to enhance its ability to manage
998 these lands. The Acquisition and Restoration Council created in
999 s. 259.035 shall recommend rules to the board of trustees, and
1000 the board of trustees shall adopt rules necessary to carry out
1001 the purposes of this section.
1002 (2) As used in this section, the term following phrases
1003 have the following meanings:
1004 (a) “Multiple use” means the harmonious and coordinated
1005 management of timber, recreation, conservation of fish and
1006 wildlife, forage, archaeological and historic sites, habitat and
1007 other biological resources, or water resources so that they are
1008 used utilized in the combination that will best serve the people
1009 of the state, making the most judicious use of the land for some
1010 or all of these resources and giving consideration to the
1011 relative values of the various resources. Where necessary and
1012 appropriate for all state-owned lands that are larger than 1,000
1013 acres in project size and are managed for multiple uses, buffers
1014 may be formed around any areas that require special protection
1015 or have special management needs. Such buffers may shall not
1016 exceed more than one-half of the total acreage. Multiple uses
1017 within a buffer area may be restricted to provide the necessary
1018 buffering effect desired. Multiple use in this context includes
1019 both uses of land or resources by more than one management
1020 entity, which may include private sector land managers. In any
1021 case, lands identified as multiple-use lands in the land
1022 management plan shall be managed to enhance and conserve the
1023 lands and resources for the enjoyment of the people of the
1024 state.
1025 (b) “Single use” means management for one particular
1026 purpose to the exclusion of all other purposes, except that the
1027 using entity shall have the option of including in its
1028 management program compatible secondary purposes which will not
1029 detract from or interfere with the primary management purpose.
1030 Such single uses may include, but are not necessarily restricted
1031 to, the use of agricultural lands for production of food and
1032 livestock, the use of improved sites and grounds for
1033 institutional purposes, and the use of lands for parks,
1034 preserves, wildlife management, archaeological or historic
1035 sites, or wilderness areas where the maintenance of essentially
1036 natural conditions is important. All submerged lands shall be
1037 considered single-use lands and shall be managed primarily for
1038 the maintenance of essentially natural conditions, the
1039 propagation of fish and wildlife, and public recreation,
1040 including hunting and fishing where deemed appropriate by the
1041 managing entity.
1042 (c) “Conservation lands” means lands that are currently
1043 managed for conservation, outdoor resource-based recreation, or
1044 archaeological or historic preservation, except those lands that
1045 were acquired solely to facilitate the acquisition of other
1046 conservation lands. Lands acquired for uses other than
1047 conservation, outdoor resource-based recreation, or
1048 archaeological or historic preservation may shall not be
1049 designated conservation lands except as otherwise authorized
1050 under this section. These lands shall include, but not be
1051 limited to, the following: correction and detention facilities,
1052 military installations and facilities, state office buildings,
1053 maintenance yards, state university or Florida College System
1054 institution campuses, agricultural field stations or offices,
1055 tower sites, law enforcement and license facilities,
1056 laboratories, hospitals, clinics, and other sites that do not
1057 possess no significant natural or historical resources. However,
1058 lands acquired solely to facilitate the acquisition of other
1059 conservation lands, and for which the land management plan has
1060 not yet been completed or updated, may be evaluated by the Board
1061 of Trustees of the Internal Improvement Trust Fund on a case-by
1062 case basis to determine if they will be designated conservation
1063 lands.
1064 (d) “Public access,” as used in this chapter and chapter
1065 259, means access by the general public to state lands and
1066 water, including vessel access made possible by boat ramps,
1067 docks, and associated support facilities, where compatible with
1068 conservation and recreation objectives.
1069
1070 Lands acquired by the state as a gift, through donation, or by
1071 any other conveyance for which no consideration was paid, and
1072 which are not managed for conservation, outdoor resource-based
1073 recreation, or archaeological or historic preservation under a
1074 land management plan approved by the board of trustees are not
1075 conservation lands.
1076 (3) Recognizing that recreational trails purchased with
1077 rails-to-trails funds pursuant to former s. 259.101(3)(g),
1078 Florida Statutes 2014, or s. 259.105(3)(h) have had historic
1079 transportation uses and that their linear character may extend
1080 many miles, the Legislature intends that if the necessity arises
1081 to serve public needs, after balancing the need to protect trail
1082 users from collisions with automobiles and a preference for the
1083 use of overpasses and underpasses to the greatest extent
1084 feasible and practical, transportation uses shall be allowed to
1085 cross recreational trails purchased pursuant to former s.
1086 259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
1087 these crossings are needed, the location and design should
1088 consider and mitigate the impact on humans and environmental
1089 resources, and the value of the land shall be paid based on fair
1090 market value.
1091 (4) A No management agreement, lease, or other instrument
1092 authorizing the use of lands owned by the board of trustees may
1093 not of the Internal Improvement Trust Fund shall be executed for
1094 a period greater than is necessary to provide for the reasonable
1095 use of the land for the existing or planned life cycle or
1096 amortization of the improvements, except that an easement in
1097 perpetuity may be granted by the board of trustees of the
1098 Internal Improvement Trust Fund if the improvement is a
1099 transportation facility. If an entity managing or leasing state
1100 owned lands from the board of trustees does not meet the short
1101 term goals under paragraph (5)(b) for conservation lands or
1102 under paragraph (5)(i) for nonconservation lands, the Department
1103 of Environmental Protection may submit the lands to the board of
1104 trustees to consider whether to require the managing or leasing
1105 entity to release its interest in the lands and to consider
1106 whether to surplus the lands. If the state-owned land is
1107 determined to be surplus, the board of trustees may require an
1108 entity to release its interest in the lands. An entity managing
1109 or leasing state-owned lands from the board of trustees may not
1110 sublease such lands without prior review by the Division of
1111 State Lands and, for conservation lands, by the Acquisition and
1112 Restoration Council created in s. 259.035. All management
1113 agreements, leases, or other instruments authorizing the use of
1114 lands owned by the board of trustees shall be reviewed for
1115 approval by the board of trustees or its designee. The council
1116 is not required to review subleases of parcels which are less
1117 than 160 acres in size.
1118 (5) Each manager of conservation lands shall submit to the
1119 Division of State Lands a land management plan at least every 10
1120 years in a form and manner adopted prescribed by rule of by the
1121 board of trustees and in accordance with the provisions of s.
1122 259.032. Each manager of conservation lands shall also update a
1123 land management plan whenever the manager proposes to add new
1124 facilities or make substantive land use or management changes
1125 that were not addressed in the approved plan, or within 1 year
1126 after of the addition of significant new lands. Each manager of
1127 nonconservation lands shall submit to the Division of State
1128 Lands a land use plan at least every 10 years in a form and
1129 manner adopted prescribed by rule of by the board of trustees.
1130 The division shall review each plan for compliance with the
1131 requirements of this subsection and the requirements of the
1132 rules adopted established by the board of trustees pursuant to
1133 this section. All nonconservation land use plans, whether for
1134 single-use or multiple-use properties, shall be managed to
1135 provide the greatest benefit to the state include an analysis of
1136 the property to determine if any significant natural or cultural
1137 resources are located on the property. Such resources include
1138 archaeological and historic sites, state and federally listed
1139 plant and animal species, and imperiled natural communities and
1140 unique natural features. If such resources occur on the
1141 property, the manager shall consult with the Division of State
1142 Lands and other appropriate agencies to develop management
1143 strategies to protect such resources. Land use plans shall also
1144 provide for the control of invasive nonnative plants and
1145 conservation of soil and water resources, including a
1146 description of how the manager plans to control and prevent soil
1147 erosion and soil or water contamination. Land use plans
1148 submitted by a manager shall include reference to appropriate
1149 statutory authority for such use or uses and shall conform to
1150 the appropriate policies and guidelines of the state land
1151 management plan. Plans for managed areas larger than 1,000 acres
1152 shall contain an analysis of the multiple-use potential of the
1153 property, which includes analysis shall include the potential of
1154 the property to generate revenues to enhance the management of
1155 the property. In addition Additionally, the plan shall contain
1156 an analysis of the potential use of private land managers to
1157 facilitate the restoration or management of these lands. If In
1158 those cases where a newly acquired property has a valid
1159 conservation plan that was developed by a soil and conservation
1160 district, such plan shall be used to guide management of the
1161 property until a formal land use plan is completed.
1162 (a) State conservation lands shall be managed to ensure the
1163 conservation of the state’s plant and animal species and to
1164 ensure the accessibility of state lands for the benefit and
1165 enjoyment of all people of the state, both present and future.
1166 Each land management plan for state conservation lands shall
1167 provide a desired outcome, describe both short-term and long
1168 term management goals, and include measurable objectives to
1169 achieve those goals. Short-term goals shall be achievable within
1170 a 2-year planning period, and long-term goals shall be
1171 achievable within a 10-year planning period. These short-term
1172 and long-term management goals shall be the basis for all
1173 subsequent land management activities.
1174 (b) Short-term and long-term management goals for state
1175 conservation lands shall include measurable objectives for the
1176 following, as appropriate:
1177 1. Habitat restoration and improvement.
1178 2. Public access and recreational opportunities.
1179 3. Hydrological preservation and restoration.
1180 4. Sustainable forest management.
1181 5. Exotic and invasive species maintenance and control.
1182 6. Capital facilities and infrastructure.
1183 7. Cultural and historical resources.
1184 8. Imperiled species habitat maintenance, enhancement,
1185 restoration, or population restoration.
1186 (c) The land management plan shall, at a minimum, contain
1187 the following elements:
1188 1. A physical description of the land.
1189 2. A quantitative data description of the land which
1190 includes an inventory of forest and other natural resources;
1191 exotic and invasive plants; hydrological features;
1192 infrastructure, including recreational facilities; and other
1193 significant land, cultural, or historical features. The
1194 inventory shall reflect the number of acres for each resource
1195 and feature, when appropriate. The inventory shall be of such
1196 detail that objective measures and benchmarks can be established
1197 for each tract of land and monitored during the lifetime of the
1198 plan. All quantitative data collected shall be aggregated,
1199 standardized, collected, and presented in an electronic format
1200 to allow for uniform management reporting and analysis. The
1201 information collected by the Department of Environmental
1202 Protection pursuant to s. 253.0325(2) shall be available to the
1203 land manager and his or her assignee.
1204 3. A detailed description of each short-term and long-term
1205 land management goal, the associated measurable objectives, and
1206 the related activities that are to be performed to meet the land
1207 management objectives. Each land management objective must be
1208 addressed by the land management plan, and if where practicable,
1209 a no land management objective may not shall be performed to the
1210 detriment of the other land management objectives.
1211 4. A schedule of land management activities which contains
1212 short-term and long-term land management goals and the related
1213 measurable objective and activities. The schedule shall include
1214 for each activity a timeline for completion, quantitative
1215 measures, and detailed expense and manpower budgets. The
1216 schedule shall provide a management tool that facilitates
1217 development of performance measures.
1218 5. A summary budget for the scheduled land management
1219 activities of the land management plan. For state lands
1220 containing or anticipated to contain imperiled species habitat,
1221 the summary budget shall include any fees anticipated from
1222 public or private entities for projects to offset adverse
1223 impacts to imperiled species or such habitat, which fees shall
1224 be used solely to restore, manage, enhance, repopulate, or
1225 acquire imperiled species habitat. The summary budget shall be
1226 prepared in such manner that it facilitates computing an
1227 aggregate of land management costs for all state-managed lands
1228 using the categories described in s. 259.037(3).
1229 (d) Upon completion, the land management plan must will be
1230 transmitted to the Acquisition and Restoration Council for
1231 review. The Acquisition and Restoration council shall have 90
1232 days after receipt of the plan to review the plan and submit its
1233 recommendations to the board of trustees. During the review
1234 period, the land management plan may be revised if agreed to by
1235 the primary land manager and the Acquisition and Restoration
1236 council taking into consideration public input. If the
1237 Acquisition and Restoration Council fails to make a
1238 recommendation for a land management plan, the secretary of the
1239 Department of Environmental Protection, Commissioner of
1240 Agriculture, or Executive Director of the Fish and Wildlife
1241 Conservation Commission or their designees shall submit the land
1242 management plan to the board of trustees. The land management
1243 plan becomes effective upon approval by the board of trustees.
1244 (e) Land management plans are to be updated every 10 years
1245 on a rotating basis. Each updated land management plan must
1246 identify conservation lands under the plan, in part or in whole,
1247 that are no longer needed for conservation purposes and could be
1248 disposed of in fee simple or with the state retaining a
1249 permanent conservation easement.
1250 (f) In developing land management plans, at least one
1251 public hearing shall be held in any one affected county.
1252 (g) The Division of State Lands shall make available to the
1253 public an electronic copy of each land management plan for
1254 parcels that exceed 160 acres in size. The division of State
1255 Lands shall review each plan for compliance with the
1256 requirements of this subsection, the requirements of chapter
1257 259, and the requirements of the rules adopted established by
1258 the board of trustees pursuant to this section. The Acquisition
1259 and Restoration Council shall also consider the propriety of the
1260 recommendations of the managing entity with regard to the future
1261 use of the property, the protection of fragile or nonrenewable
1262 resources, the potential for alternative or multiple uses not
1263 recognized by the managing entity, and the possibility of
1264 disposal of the property by the board of trustees. After its
1265 review, the council shall submit the plan, along with its
1266 recommendations and comments, to the board of trustees. The
1267 council shall specifically recommend to the board of trustees
1268 whether to approve the plan as submitted, approve the plan with
1269 modifications, or reject the plan. If the Acquisition and
1270 Restoration council fails to make a recommendation for a land
1271 management plan, the Secretary of the Department of
1272 Environmental Protection, Commissioner of Agriculture, or
1273 executive director of the Fish and Wildlife Conservation
1274 Commission or their designees shall submit the land management
1275 plan to the board of trustees.
1276 (h) The board of trustees of the Internal Improvement Trust
1277 Fund shall consider the land management plan submitted by each
1278 entity and the recommendations of the Acquisition and
1279 Restoration Council and the Division of State Lands and shall
1280 approve the plan with or without modification or reject such
1281 plan. The use or possession of any such lands that is not in
1282 accordance with an approved land management plan is subject to
1283 termination by the board of trustees.
1284 (i)1. State nonconservation lands shall be managed to
1285 provide the greatest benefit to the state. Each land use plan
1286 shall, at a minimum, contain the following elements:
1287 a. A physical description of the land to include any
1288 significant natural or cultural resources as well as management
1289 strategies developed by the land manager to protect such
1290 resources.
1291 b. A desired development outcome.
1292 c. A schedule for achieving the desired development
1293 outcome.
1294 d. A description of both short-term and long-term
1295 development goals.
1296 e. A management and control plan for invasive nonnative
1297 plants.
1298 f. A management and control plan for soil erosion and soil
1299 and water contamination.
1300 g. Measureable objectives to achieve the goals identified
1301 in the land use plan.
1302 2. Short-term goals shall be achievable within a 5-year
1303 planning period and long-term goals shall be achievable within a
1304 10-year planning period.
1305 3. The use or possession of any such lands that is not in
1306 accordance with an approved land use plan is subject to
1307 termination by the board of trustees.
1308 4. Land use plans submitted by a manager shall include
1309 reference to appropriate statutory authority for such use or
1310 uses and shall conform to the appropriate policies and
1311 guidelines of the state land management plan.
1312 (6) The Board of Trustees of the Internal Improvement Trust
1313 Fund shall determine which lands, the title to which is vested
1314 in the board, may be surplused. For conservation lands, the
1315 board shall determine whether the lands are no longer needed for
1316 conservation purposes and may dispose of them by an affirmative
1317 vote of at least three members. In the case of a land exchange
1318 involving the disposition of conservation lands, the board must
1319 determine by an affirmative vote of at least three members that
1320 the exchange will result in a net positive conservation benefit.
1321 For all other lands, the board shall determine whether the lands
1322 are no longer needed and may dispose of them by an affirmative
1323 vote of at least three members.
1324 (a) For the purposes of this subsection, all lands acquired
1325 by the state before July 1, 1999, using proceeds from
1326 Preservation 2000 bonds, the former Conservation and Recreation
1327 Lands Trust Fund, the former Water Management Lands Trust Fund,
1328 Environmentally Endangered Lands Program, and the Save Our Coast
1329 Program and titled to the board which are identified as core
1330 parcels or within original project boundaries are deemed to have
1331 been acquired for conservation purposes.
1332 (b) For any lands purchased by the state on or after July
1333 1, 1999, before acquisition, the board must determine which
1334 parcels must be designated as having been acquired for
1335 conservation purposes. Lands acquired for use by the Department
1336 of Corrections, the Department of Management Services for use as
1337 state offices, the Department of Transportation, except those
1338 specifically managed for conservation or recreation purposes, or
1339 the State University System or the Florida College System may
1340 not be designated as having been purchased for conservation
1341 purposes.
1342 (c) At least every 10 years, as a component of each land
1343 management plan or land use plan and in a form and manner
1344 prescribed by rule by the board, each manager shall evaluate and
1345 indicate to the board those lands that are not being used for
1346 the purpose for which they were originally leased. For
1347 conservation lands, the council shall review and recommend to
1348 the board whether such lands should be retained in public
1349 ownership or disposed of by the board. For nonconservation
1350 lands, the division shall review such lands and recommend to the
1351 board whether such lands should be retained in public ownership
1352 or disposed of by the board.
1353 (d) Lands owned by the board which are not actively managed
1354 by any state agency or for which a land management plan has not
1355 been completed pursuant to subsection (5) must be reviewed by
1356 the council or its successor for its recommendation as to
1357 whether such lands should be disposed of by the board.
1358 (e) Before any decision by the board to surplus lands, the
1359 Acquisition and Restoration Council shall review and make
1360 recommendations to the board concerning the request for
1361 surplusing. The council shall determine whether the request for
1362 surplusing is compatible with the resource values of and
1363 management objectives for such lands.
1364 (f) In reviewing lands owned by the board, the council
1365 shall consider whether such lands would be more appropriately
1366 owned or managed by the county or other unit of local government
1367 in which the land is located. The council shall recommend to the
1368 board whether a sale, lease, or other conveyance to a local
1369 government would be in the best interests of the state and local
1370 government. The provisions of this paragraph in no way limit the
1371 provisions of ss. 253.111 and 253.115. Such lands shall be
1372 offered to the state, county, or local government for a period
1373 of 45 days. Permittable uses for such surplus lands may include
1374 public schools; public libraries; fire or law enforcement
1375 substations; governmental, judicial, or recreational centers;
1376 and affordable housing meeting the criteria of s. 420.0004(3).
1377 County or local government requests for surplus lands shall be
1378 expedited throughout the surplusing process. If the county or
1379 local government does not elect to purchase such lands in
1380 accordance with s. 253.111, any surplusing determination
1381 involving other governmental agencies shall be made when the
1382 board decides the best public use of the lands. Surplus
1383 properties in which governmental agencies have expressed no
1384 interest must then be available for sale on the private market.
1385 (g) The sale price of lands determined to be surplus
1386 pursuant to this subsection and s. 253.82 shall be determined by
1387 the division, which shall consider an appraisal of the property,
1388 or, if the estimated value of the land is $500,000 or less, a
1389 comparable sales analysis or a broker’s opinion of value. The
1390 division may require a second appraisal. The individual or
1391 entity that requests to purchase the surplus parcel shall pay
1392 all costs associated with determining the property’s value, if
1393 any.
1394 1. A written valuation of land determined to be surplus
1395 pursuant to this subsection and s. 253.82, and related documents
1396 used to form the valuation or which pertain to the valuation,
1397 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1398 I of the State Constitution.
1399 a. The exemption expires 2 weeks before the contract or
1400 agreement regarding the purchase, exchange, or disposal of the
1401 surplus land is first considered for approval by the board.
1402 b. Before expiration of the exemption, the division may
1403 disclose confidential and exempt appraisals, valuations, or
1404 valuation information regarding surplus land:
1405 (I) During negotiations for the sale or exchange of the
1406 land.
1407 (II) During the marketing effort or bidding process
1408 associated with the sale, disposal, or exchange of the land to
1409 facilitate closure of such effort or process.
1410 (III) When the passage of time has made the conclusions of
1411 value invalid.
1412 (IV) When negotiations or marketing efforts concerning the
1413 land are concluded.
1414 2. A unit of government that acquires title to lands
1415 hereunder for less than appraised value may not sell or transfer
1416 title to all or any portion of the lands to any private owner
1417 for 10 years. Any unit of government seeking to transfer or sell
1418 lands pursuant to this paragraph must first allow the board of
1419 trustees to reacquire such lands for the price at which the
1420 board sold such lands.
1421 (h) Parcels with a market value over $500,000 must be
1422 initially offered for sale by competitive bid. The division may
1423 use agents, as authorized by s. 253.431, for this process. Any
1424 parcels unsuccessfully offered for sale by competitive bid, and
1425 parcels with a market value of $500,000 or less, may be sold by
1426 any reasonable means, including procuring real estate services,
1427 open or exclusive listings, competitive bid, auction, negotiated
1428 direct sales, or other appropriate services, to facilitate the
1429 sale.
1430 (i) After reviewing the recommendations of the council, the
1431 board shall determine whether lands identified for surplus are
1432 to be held for other public purposes or are no longer needed.
1433 The board may require an agency to release its interest in such
1434 lands. A state agency, county, or local government that has
1435 requested the use of a property that was to be declared as
1436 surplus must secure the property under lease within 90 days
1437 after being notified that it may use such property.
1438 (j) Requests for surplusing may be made by any public or
1439 private entity or person. All requests shall be submitted to the
1440 lead managing agency for review and recommendation to the
1441 council or its successor. Lead managing agencies have 90 days to
1442 review such requests and make recommendations. Any surplusing
1443 requests that have not been acted upon within the 90-day time
1444 period shall be immediately scheduled for hearing at the next
1445 regularly scheduled meeting of the council or its successor.
1446 Requests for surplusing pursuant to this paragraph are not
1447 required to be offered to local or state governments as provided
1448 in paragraph (f).
1449 (k) Proceeds from the sale of surplus conservation lands
1450 purchased before July 1, 2015, shall be deposited into the
1451 Florida Forever Trust Fund.
1452 (l) Proceeds from the sale of surplus conservation lands
1453 purchased on or after July 1, 2015, shall be deposited into the
1454 Land Acquisition Trust Fund, except when such lands were
1455 purchased with funds other than those from the Land Acquisition
1456 Trust Fund or a land acquisition trust fund created to implement
1457 s. 28, Art. X of the State Constitution, the proceeds shall be
1458 deposited into the fund from which the lands were purchased.
1459 (m) Funds received from the sale of surplus nonconservation
1460 lands or lands that were acquired by gift, by donation, or for
1461 no consideration shall be deposited into the Internal
1462 Improvement Trust Fund.
1463 (n) Notwithstanding this subsection, such disposition of
1464 land may not be made if it would have the effect of causing all
1465 or any portion of the interest on any revenue bonds issued to
1466 lose the exclusion from gross income for federal income tax
1467 purposes.
1468 (o) The sale of filled, formerly submerged land that does
1469 not exceed 5 acres in area is not subject to review by the
1470 council or its successor.
1471 (p) The board may adopt rules to administer this section
1472 which may include procedures for administering surplus land
1473 requests and criteria for when the division may approve requests
1474 to surplus nonconservation lands on behalf of the board.
1475 (6)(7) This section does shall not be construed so as to
1476 affect:
1477 (a) Other provisions of this chapter relating to oil, gas,
1478 or mineral resources.
1479 (b) The exclusive use of state-owned land subject to a
1480 lease by the board of trustees of the Internal Improvement Trust
1481 Fund of state-owned land for private uses and purposes.
1482 (c) Sovereignty lands not leased for private uses and
1483 purposes.
1484 (7)(8)(a) The Legislature recognizes the value of the
1485 state’s conservation lands as water recharge areas and air
1486 filters.
1487 (b) If state-owned lands are subject to annexation
1488 procedures, the Division of State Lands must notify the county
1489 legislative delegation of the county in which the land is
1490 located.
1491 (8)(9) Land management plans required to be submitted by
1492 the Department of Corrections, the Department of Juvenile
1493 Justice, the Department of Children and Families, or the
1494 Department of Education are not subject to the provisions for
1495 review by the Acquisition and Restoration Council or its
1496 successor described in subsection (5). Management plans filed by
1497 these agencies shall be made available to the public for a
1498 period of 90 days at the administrative offices of the parcel or
1499 project affected by the management plan and at the Tallahassee
1500 offices of each agency. Any plans not objected to during the
1501 public comment period shall be deemed approved. Any plans for
1502 which an objection is filed shall be submitted to the board of
1503 trustees of the Internal Improvement Trust Fund for
1504 consideration. The board of trustees of the Internal Improvement
1505 Trust Fund shall approve the plan with or without modification,
1506 or reject the plan. The use or possession of any such lands
1507 which is not in accordance with an approved land management plan
1508 is subject to termination by the board of trustees.
1509 (9)(10) The following additional uses of conservation lands
1510 acquired pursuant to the Florida Forever program and other
1511 state-funded conservation land purchase programs shall be
1512 authorized, upon a finding by the board of trustees, if they
1513 meet the criteria specified in paragraphs (a)-(e): water
1514 resource development projects, water supply development
1515 projects, stormwater management projects, linear facilities, and
1516 sustainable agriculture and forestry. Such additional uses are
1517 authorized if where:
1518 (a) The use is not inconsistent with the management plan
1519 for such lands;
1520 (b) The use is compatible with the natural ecosystem and
1521 resource values of such lands;
1522 (c) The proposed use is appropriately located on such lands
1523 and if where due consideration is given to the use of other
1524 available lands;
1525 (d) The using entity reasonably compensates the titleholder
1526 for such use based upon an appropriate measure of value; and
1527 (e) The use is consistent with the public interest.
1528
1529 A decision by the board of trustees pursuant to this section
1530 shall be given a presumption of correctness. Moneys received
1531 from the use of state lands pursuant to this section shall be
1532 returned to the lead managing entity in accordance with s.
1533 259.032(9)(c).
1534 (10)(11) Lands listed as projects for acquisition may be
1535 managed for conservation pursuant to s. 259.032, on an interim
1536 basis by a private party in anticipation of a state purchase in
1537 accordance with a contractual arrangement between the acquiring
1538 agency and the private party that may include management service
1539 contracts, leases, cost-share arrangements or resource
1540 conservation agreements. Lands designated as eligible under this
1541 subsection shall be managed to maintain or enhance the resources
1542 the state is seeking to protect by acquiring the land. Funding
1543 for these contractual arrangements may originate from the
1544 documentary stamp tax revenue deposited into the Land
1545 Acquisition Trust Fund. No more than $6.2 million may be
1546 expended from the Land Acquisition Trust Fund for this purpose.
1547 (11)(12) Any lands available to governmental employees,
1548 including water management district employees, for hunting or
1549 other recreational purposes shall also be made available to the
1550 general public for such purposes.
1551 (13) Before a building or parcel of land is offered for
1552 lease or sale to a local or federal unit of government or a
1553 private party, it shall first be offered for lease to state
1554 agencies, state universities, and Florida College System
1555 institutions, with priority consideration given to state
1556 universities and Florida College System institutions. Within 60
1557 days after the offer for lease of a surplus building or parcel,
1558 a state university or Florida College System institution that
1559 requests the lease must submit a plan for review and approval by
1560 the Board of Trustees of the Internal Improvement Trust Fund
1561 regarding the intended use, including future use, of the
1562 building or parcel of land before approval of a lease. Within 60
1563 days after the offer for lease of a surplus building or parcel,
1564 a state agency that requests the lease of such facility or
1565 parcel must submit a plan for review and approval by the board
1566 of trustees regarding the intended use. The state agency plan
1567 must, at a minimum, include the proposed use of the facility or
1568 parcel, the estimated cost of renovation, a capital improvement
1569 plan for the building, evidence that the building or parcel
1570 meets an existing need that cannot otherwise be met, and other
1571 criteria developed by rule by the board of trustees. The board
1572 or its designee shall compare the estimated value of the
1573 building or parcel to any submitted business plan to determine
1574 if the lease or sale is in the best interest of the state. The
1575 board of trustees shall adopt rules pursuant to chapter 120 for
1576 the implementation of this section.
1577 Section 6. Section 253.0341, Florida Statutes, is amended
1578 to read:
1579 253.0341 Surplus of state-owned lands to counties or local
1580 governments.—Counties and local governments may submit
1581 surplusing requests for state-owned lands directly to the board
1582 of trustees. County or local government requests for the state
1583 to surplus conservation or nonconservation lands, whether for
1584 purchase or exchange, shall be expedited throughout the
1585 surplusing process. Property jointly acquired by the state and
1586 other entities shall not be surplused without the consent of all
1587 joint owners.
1588 (1) The board of trustees shall determine which lands, the
1589 title to which is vested in the board, may be surplused. For all
1590 conservation lands, the Acquisition and Restoration Council
1591 shall make a recommendation to the board of trustees, and the
1592 board of trustees shall determine whether the lands are no
1593 longer needed for conservation purposes. If the board of
1594 trustees determines the lands are no longer needed for
1595 conservation purposes, it may dispose of such lands by an
1596 affirmative vote of at least three members. In the case of a
1597 land exchange involving the disposition of conservation lands,
1598 the board of trustees must determine by an affirmative vote of
1599 at least three members that the exchange will result in a net
1600 positive conservation benefit. For all nonconservation lands,
1601 the board of trustees shall determine whether the lands are no
1602 longer needed. If the board of trustees determines the lands are
1603 no longer needed, it may dispose of such lands by an affirmative
1604 vote of at least three members. Local government requests for
1605 the state to surplus conservation or nonconservation lands,
1606 whether for purchase or exchange, shall be expedited throughout
1607 the surplusing process. Property jointly acquired by the state
1608 and other entities may not be surplused without the consent of
1609 all joint owners The decision to surplus state-owned
1610 nonconservation lands may be made by the board without a review
1611 of, or a recommendation on, the request from the Acquisition and
1612 Restoration Council or the Division of State Lands. Such
1613 requests for nonconservation lands shall be considered by the
1614 board within 60 days of the board’s receipt of the request.
1615 (2) For purposes of this section, all lands acquired by the
1616 state before July 1, 1999, using proceeds from Preservation 2000
1617 bonds, the former Conservation and Recreation Lands Trust Fund,
1618 the former Water Management Lands Trust Fund, Environmentally
1619 Endangered Lands Program, and the Save Our Coast Program and
1620 titled to the board of trustees which are identified as core
1621 parcels or within original project boundaries are deemed to have
1622 been acquired for conservation purposes County or local
1623 government requests for the surplusing of state-owned
1624 conservation lands are subject to review of, and recommendation
1625 on, the request to the board by the Acquisition and Restoration
1626 Council. Requests to surplus conservation lands shall be
1627 considered by the board within 120 days of the board’s receipt
1628 of the request.
1629 (3) For any lands purchased by the state on or after July
1630 1, 1999, before acquisition, the board of trustees must
1631 determine which parcels must be designated as having been
1632 acquired for conservation purposes. Lands acquired for use by
1633 the Department of Corrections; the Department of Management
1634 Services for use as state offices; the Department of
1635 Transportation, except those lands specifically managed for
1636 conservation or recreation purposes; the State University
1637 System; or the Florida College System may not be designated as
1638 having been acquired for conservation purposes A local
1639 government may request that state lands be specifically declared
1640 surplus lands for the purpose of providing alternative water
1641 supply and water resource development projects as defined in s.
1642 373.019, public facilities such as schools, fire and police
1643 facilities, and affordable housing. The request shall comply
1644 with the requirements of subsection (1) if the lands are
1645 nonconservation lands or subsection (2) if the lands are
1646 conservation lands. Surplus lands that are conveyed to a local
1647 government for affordable housing shall be disposed of by the
1648 local government under the provisions of s. 125.379 or s.
1649 166.0451.
1650 (4)(a) At least every 10 years, as a component of each land
1651 management plan or land use plan and in a form and manner
1652 adopted by rule of the board of trustees, each manager shall
1653 evaluate and indicate to the board of trustees those lands that
1654 are not being used for the purpose for which they were
1655 originally leased. For conservation lands, the Acquisition and
1656 Restoration Council shall review and recommend to the board of
1657 trustees whether such lands should be retained in public
1658 ownership or disposed of by the board of trustees. For
1659 nonconservation lands, the Division of State Lands shall review
1660 and recommend to the board of trustees whether such lands should
1661 be retained in public ownership or disposed of by the board of
1662 trustees Notwithstanding the requirements of this section and
1663 the requirements of s. 253.034 which provides a surplus process
1664 for the disposal of state lands, the board shall convey to
1665 Miami-Dade County title to the property on which the Graham
1666 Building, which houses the offices of the Miami-Dade State
1667 Attorney, is located. By January 1, 2008, the board shall convey
1668 fee simple title to the property to Miami-Dade County for a
1669 consideration of one dollar. The deed conveying title to Miami
1670 Dade County must contain restrictions that limit the use of the
1671 property for the purpose of providing workforce housing as
1672 defined in s. 420.5095, and to house the offices of the Miami
1673 Dade State Attorney. Employees of the Miami-Dade State Attorney
1674 and the Miami-Dade Public Defender who apply for and meet the
1675 income qualifications for workforce housing shall receive
1676 preference over other qualified applicants.
1677 (b) At least every 10 years, the Division of State Lands
1678 shall review all state-owned conservation lands titled to the
1679 board of trustees to determine whether any such lands are no
1680 longer needed for conservation purposes and could be disposed of
1681 in fee simple or with the state retaining a permanent
1682 conservation easement. After such review, the division shall
1683 submit a list of such lands, including additional conservation
1684 lands identified in an updated land management plan pursuant to
1685 s. 253.034(5), to the Acquisition and Restoration Council.
1686 Within 9 months after receiving the list, the council shall
1687 provide recommendations to the board of trustees as to whether
1688 any such lands are no longer needed for conservation purposes
1689 and could be disposed of in fee simple or with the state
1690 retaining a permanent conservation easement. After reviewing
1691 such list and considering such recommendations, if the board of
1692 trustees determines by an affirmative vote of at least three
1693 members that any such lands are no longer needed for
1694 conservation purposes, the board of trustees shall dispose of
1695 the lands in fee simple or with the state retaining a permanent
1696 conservation easement.
1697 (c) At least every 10 years, the Division of State Lands
1698 shall review all encumbered and unencumbered nonconservation
1699 lands titled to the board of trustees and recommend to the board
1700 of trustees whether any such lands should be retained in public
1701 ownership or disposed of by the board of trustees. The board of
1702 trustees may dispose of nonconservation lands under this
1703 paragraph by a majority vote of the members.
1704 (5) Conservation lands owned by the board of trustees which
1705 are not actively managed by any state agency or for which a land
1706 management plan has not been completed pursuant to s. 253.034(5)
1707 must be reviewed by the Acquisition and Restoration Council for
1708 its recommendation as to whether such lands should be disposed
1709 of by the board of trustees.
1710 (6) Before any decision by the board of trustees to surplus
1711 conservation lands, the Acquisition and Restoration Council
1712 shall review and make recommendations to the board of trustees
1713 concerning the request for surplusing. The council shall
1714 determine whether the request for surplusing is compatible with
1715 the resource values of and management objectives for such lands.
1716 (7) In reviewing conservation lands owned by the board of
1717 trustees, the Acquisition and Restoration Council shall consider
1718 whether such lands would be more appropriately owned or managed
1719 by the county or other unit of local government in which the
1720 land is located. The council shall recommend to the board of
1721 trustees whether a sale, lease, or other conveyance to a local
1722 government would be in the best interests of the state and local
1723 government. This subsection does not limit the provisions of ss.
1724 253.111 and 253.115. If the county or local government does not
1725 elect to purchase such lands in accordance with s. 253.111, any
1726 surplusing determination involving other governmental agencies
1727 shall be made when the board of trustees decides the best public
1728 use of the lands. Surplus properties in which governmental
1729 agencies have not expressed interest must then be available for
1730 sale on the private market.
1731 (8) Before a facility or parcel of nonconservation land is
1732 offered for lease or sale to a local or federal unit of
1733 government or a private party, it shall first be offered for
1734 lease to state agencies, state universities, and Florida College
1735 System institutions, with priority consideration given to state
1736 universities and Florida College System institutions. Within 45
1737 days after the offer for lease of a surplus building or parcel,
1738 a state agency, state university, or Florida College System
1739 institution that requests the lease must submit a plan to the
1740 board of trustees that includes a description of the proposed
1741 use, including future use, of the building or parcel of land.
1742 The board of trustees must review and approve the plan before
1743 approving the lease. The state agency plan must, at a minimum,
1744 include the proposed use of the facility or parcel, the
1745 estimated cost of renovation, a capital improvement plan for the
1746 building, evidence that the building or parcel meets an existing
1747 need that cannot otherwise be met, and other criteria adopted by
1748 rule of the board of trustees. The board of trustees or its
1749 designee shall compare the estimated value of the facility or
1750 parcel to any submitted business plan to determine if the lease
1751 or sale is in the best interest of the state. The board of
1752 trustees shall adopt rules pursuant to chapter 120 to implement
1753 this section. A state agency or local government that has
1754 requested the use of a property that was to be declared as
1755 surplus must secure the property with a fully executed lease
1756 within 90 days after being notified that it may use such
1757 property or the request is voidable.
1758 (9) The sale price of lands determined to be surplus
1759 pursuant to this section and s. 253.82 shall be determined by
1760 the Division of State Lands, which shall consider an appraisal
1761 of the property or, if the estimated value of the land is
1762 $500,000 or less, a comparable sales analysis or a broker’s
1763 opinion of value. The division may require a second appraisal.
1764 The individual or entity that requests to purchase the surplus
1765 parcel shall pay all costs associated with determining the
1766 property’s value, if any.
1767 (a) A written valuation of land determined to be surplus
1768 pursuant to this section and s. 253.82, and related documents
1769 used to form the valuation or which pertain to the valuation,
1770 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1771 I of the State Constitution.
1772 1. The exemption expires 2 weeks before the contract or
1773 agreement regarding the purchase, exchange, or disposal of the
1774 surplus land is first considered for approval by the board of
1775 trustees.
1776 2. Before expiration of the exemption, the Division of
1777 State Lands may disclose confidential and exempt appraisals,
1778 valuations, or valuation information regarding surplus land:
1779 a. During negotiations for the sale or exchange of the
1780 land;
1781 b. During the marketing effort or bidding process
1782 associated with the sale, disposal, or exchange of the land to
1783 facilitate closure of such effort or process;
1784 c. When the passage of time has made the conclusions of
1785 value invalid; or
1786 d. When negotiations or marketing efforts concerning the
1787 land are concluded.
1788 (b) A unit of government that acquires title to lands
1789 pursuant to this section for less than appraised value may not
1790 sell or transfer title to all or any portion of the lands to any
1791 private owner for 10 years. A unit of government seeking to
1792 transfer or sell lands pursuant to this paragraph must first
1793 allow the board of trustees to reacquire such lands for the
1794 price at which the board of trustees sold such lands.
1795 (10) Parcels with a market value over $500,000 must be
1796 initially offered for sale by competitive bid. Any parcels
1797 unsuccessfully offered for sale by competitive bid, and parcels
1798 with a market value of $500,000 or less, may be sold by any
1799 reasonable means, including procuring real estate services, open
1800 or exclusive listings, competitive bid, auction, negotiated
1801 direct sales, or other appropriate services, to facilitate the
1802 sale.
1803 (11) After reviewing the recommendations of the Acquisition
1804 and Restoration Council, the board of trustees shall determine
1805 whether conservation lands identified for surplus should be held
1806 for other public purposes or are no longer needed. The board of
1807 trustees may require an agency to release its interest in such
1808 lands. A state entity, state agency, local government, or state
1809 university or Florida College System institution that has
1810 requested the use of a property that was to be declared as
1811 surplus must secure the property under a fully executed lease
1812 within 90 days after being notified that it may use such
1813 property or the request is voidable.
1814 (12) Requests to surplus lands may be made by any public or
1815 private entity or person and shall be determined by the board of
1816 trustees. All requests to surplus conservation lands shall be
1817 submitted to the lead managing agency for review and
1818 recommendation to the Acquisition and Restoration Council, and
1819 all requests to surplus nonconservation lands shall be submitted
1820 to the Division of State Lands for review and recommendation to
1821 the board of trustees. The lead managing agencies shall review
1822 such requests and make recommendations to the council within 90
1823 days after receipt of the requests. Any requests to surplus
1824 conservation lands that are not acted upon within the 90-day
1825 period shall be immediately scheduled for hearing at the next
1826 regularly scheduled meeting of the council. Requests to surplus
1827 lands shall be considered by the board of trustees within 60
1828 days after receipt of the requests from the council or division.
1829 Requests to surplus lands pursuant to this subsection are not
1830 required to be offered to local or state governments as provided
1831 in subsection (7) or subsection (8).
1832 (13) Proceeds from the sale of surplus conservation lands
1833 purchased before July 1, 2015, shall be deposited into the
1834 Florida Forever Trust Fund.
1835 (14) Proceeds from the sale of surplus conservation lands
1836 purchased on or after July 1, 2015, shall be deposited into the
1837 Land Acquisition Trust Fund, except when such lands were
1838 purchased with funds other than those from the Land Acquisition
1839 Trust Fund or a land acquisition trust fund created to implement
1840 s. 28, Art. X of the State Constitution, the proceeds shall be
1841 deposited into the fund from which the lands were purchased.
1842 (15) Funds received from the sale of surplus
1843 nonconservation lands or lands that were acquired by gift, by
1844 donation, or for no consideration shall be deposited into the
1845 Internal Improvement Trust Fund.
1846 (16) Notwithstanding this section, such disposition of land
1847 may not be made if it would have the effect of causing all or
1848 any portion of the interest on any revenue bonds issued to lose
1849 the exclusion from gross income for federal income tax purposes.
1850 (17) The sale of filled, formerly submerged land that does
1851 not exceed 5 acres in area is not subject to review by the
1852 Acquisition and Restoration Council.
1853 (18) The board of trustees may adopt rules to administer
1854 this section, including procedures for administering surplus
1855 land requests and criteria for when the Division of State Lands
1856 may approve requests to surplus nonconservation lands on behalf
1857 of the board of trustees.
1858 (19) Surplus lands that are conveyed to a local government
1859 for affordable housing shall be disposed of by the local
1860 government under s. 125.379 or s. 166.0451.
1861 Section 7. Section 253.111, Florida Statutes, is amended to
1862 read:
1863 253.111 Notice to county and municipality board of county
1864 commissioners before sale.—The Board of Trustees of the Internal
1865 Improvement Trust Fund of the state may not sell any land to
1866 which it holds they hold title unless and until it affords they
1867 afford an opportunity to the county and municipality in which
1868 such land is situated to receive such land on the following
1869 terms and conditions:
1870 (1) If a request an application is filed with the Division
1871 of State Lands board requesting that the board of trustees they
1872 sell certain land to which it holds they hold title and the
1873 board of trustees decides to sell such land or if the board of
1874 trustees, without such request application, decides to sell such
1875 land, the board of trustees shall, before consideration of any
1876 private offers, notify the governing body board of county
1877 commissioners of the county and municipality in which such land
1878 is situated that such land is available to such county and
1879 municipality. Such notification shall be given by registered or
1880 express mail, return receipt requested, any commercial delivery
1881 service requiring a signed receipt, or electronic notification
1882 with return receipt.
1883 (2) The governing bodies board of county commissioners of
1884 the county and municipality in which such land is situated shall
1885 each, within 40 days after receipt of such notification from the
1886 board, determine by resolution whether or not it proposes to
1887 acquire such land.
1888 (3) If the board of trustees receives, within 45 days after
1889 notice is given to the governing bodies of the county and
1890 municipality board of county commissioners pursuant to
1891 subsection (1), the certified copy of the resolution provided
1892 for in subsection (2), the board of trustees shall forthwith
1893 convey to the county or municipality such land at a price that
1894 is equal to its appraised market value based on, at the
1895 discretion of the Division of State Lands, an appraisal, a
1896 comparable sales analysis, or a broker’s opinion of value
1897 established by generally accepted professional standards for
1898 real estate appraisal and subject to such other terms and
1899 conditions as the board of trustees determines. If a parcel is
1900 located within a municipality, priority consideration shall be
1901 given to the municipality over the county.
1902 (4) Nothing in This section does not restrict restricts any
1903 right otherwise granted to the board of trustees by this chapter
1904 to convey land to which it holds they hold title to the state or
1905 any department, office, authority, board, bureau, commission,
1906 institution, court, tribunal, agency, or other instrumentality
1907 of or under the state. For purposes of this section, the term
1908 word “land” as used in this act means all lands vested in the
1909 Board of Trustees of the Internal Improvement Trust Fund.
1910 (5) If any riparian owner exists with respect to any land
1911 to be sold by the board of trustees, such riparian owner shall
1912 have a right to secure such land, which right is prior in
1913 interest to the right in the county and municipality created by
1914 this section, provided that such riparian owner shall be
1915 required to pay for such land upon such prices, terms, and
1916 conditions as determined by the board of trustees. Such riparian
1917 owner may waive this prior right, in which case this section
1918 shall apply.
1919 (6) This section does not apply to:
1920 (a) Any land exchange approved by the board of trustees;
1921 (b) The conveyance of any lands located within the
1922 Everglades Agricultural Area; or
1923 (c) Lands managed pursuant to ss. 253.781-253.785.
1924 Section 8. Section 253.42, Florida Statutes, is amended to
1925 read:
1926 253.42 Board of trustees may exchange lands.—The provisions
1927 of This section applies apply to all lands owned by, vested in,
1928 or titled in the name of the board of trustees whether the lands
1929 were acquired by the state as a purchase, or through gift,
1930 donation, or any other conveyance for which no consideration was
1931 paid.
1932 (1) The board of trustees may exchange any lands owned by,
1933 vested in, or titled in its the name of the board for other
1934 lands in the state owned by counties, local governments,
1935 individuals, or private or public corporations, and may fix the
1936 terms and conditions of any such exchange. Any nonconservation
1937 lands that were acquired by the state through gift, donation, or
1938 any other conveyance for which no consideration was paid must
1939 first be offered at no cost to a county or local government
1940 unless otherwise provided in a deed restriction of record or
1941 other legal impediment, and so long as the use proposed by the
1942 county or local government is for a public purpose. For
1943 conservation lands acquired by the state through gift, donation,
1944 or any other conveyance for which no consideration was paid, the
1945 state may request land of equal conservation value from the
1946 county or local government but no other consideration.
1947 (2) In exchanging state-owned lands not acquired by the
1948 state through gift, donation, or any other conveyance for which
1949 no consideration was paid, with counties or local governments,
1950 the board of trustees shall require an exchange of equal value.
1951 Equal value is defined as the conservation benefit of the lands
1952 being offered for exchange by a county or local government being
1953 equal or greater in conservation benefit than the state-owned
1954 lands. Such exchanges may include cash transactions if based on
1955 an appropriate measure of value of the state-owned land, but
1956 must also include the determination of a net-positive
1957 conservation benefit by the Acquisition and Restoration Council,
1958 irrespective of appraised value.
1959 (3) The board of trustees shall select and agree upon the
1960 state lands to be exchanged and the lands to be conveyed to the
1961 state and shall pay or receive any sum of money the board of
1962 trustees deems deemed necessary by the board for the purpose of
1963 equalizing the value of the exchanged property. The board of
1964 trustees is authorized to make and enter into contracts or
1965 agreements for such purpose or purposes.
1966 (4)(a) A person who owns land contiguous to state-owned
1967 land titled to the board of trustees may submit a request to the
1968 Division of State Lands to exchange all or a portion of the
1969 privately owned land for all or a portion of the state-owned
1970 land, whereby the state retains a permanent conservation
1971 easement over all or a portion of the exchanged state-owned land
1972 and a permanent conservation easement over all or a portion of
1973 the exchanged privately owned land. State-owned land exchanged
1974 pursuant to this subsection shall be contiguous to the privately
1975 owned land upon which the state retains a permanent conservation
1976 easement. The division may submit such request to the
1977 Acquisition and Restoration Council for review. If the division
1978 submits a request to the council, the council shall provide
1979 recommendations to the division. After receiving the council’s
1980 recommendations, the division shall review the request and the
1981 council’s recommendations and may provide recommendations to the
1982 board of trustees. This subsection does not apply to state-owned
1983 sovereign submerged land.
1984 (b) After receiving a request and the division’s
1985 recommendations, the board of trustees shall consider such
1986 request and recommendations and may approve the request if:
1987 1. At least 30 percent of the perimeter of the privately
1988 owned land is bordered by state-owned land and the exchange does
1989 not create an inholding.
1990 2. The approval does not result in a violation of the terms
1991 of a preexisting lease or agreement by the board of trustees,
1992 the Department of Environmental Protection, the Department of
1993 Agriculture and Consumer Services, or the Fish and Wildlife
1994 Conservation Commission.
1995 3. For state-owned land purchased for conservation
1996 purposes, the board of trustees makes a determination that the
1997 exchange of land under this subsection will result in a positive
1998 conservation benefit.
1999 4. The approval does not conflict with any existing flowage
2000 easement.
2001 5. The request is approved by three or more members of the
2002 board of trustees.
2003 (c) Special consideration shall be given to a request that
2004 maintains public access for any recreational purpose allowed on
2005 the state-owned land at the time the request is submitted to the
2006 board of trustees. A person who maintains public access pursuant
2007 to this paragraph is entitled to the limitation on liability
2008 provided in s. 375.251.
2009 (d) Land subject to a permanent conservation easement
2010 granted pursuant to this subsection is subject to inspection by
2011 the Department of Environmental Protection to ensure compliance
2012 with the terms of the permanent conservation easement.
2013 Section 9. Subsection (2) of section 253.782, Florida
2014 Statutes, is amended to read:
2015 253.782 Retention of state-owned lands in and around Lake
2016 Rousseau and the Cross Florida Barge Canal right-of-way from
2017 Lake Rousseau west to the Withlacoochee River.—
2018 (2) The Department of Environmental Protection is
2019 authorized and directed to retain ownership of and maintain all
2020 lands or interests in land owned by the Board of Trustees of the
2021 Internal Improvement Trust Fund, including all fee and less
2022 than-fee interests in lands previously owned by the canal
2023 authority in Lake Rousseau and the Cross Florida Barge Canal
2024 right-of-way from Lake Rousseau at U.S. Highway 41 west to and
2025 including the Withlacoochee River.
2026 Section 10. Section 253.7821, Florida Statutes, is amended
2027 to read:
2028 253.7821 Cross Florida Greenways State Recreation and
2029 Conservation Area assigned to the Department of Environmental
2030 Protection Office of the Executive Director.—The Cross Florida
2031 Greenways State Recreation and Conservation Area is hereby
2032 established and is initially assigned to the department Office
2033 of Greenways Management within the Office of the Secretary. The
2034 department office shall manage the greenways pursuant to the
2035 department’s existing statutory authority until administrative
2036 rules are adopted by the department. However, the provisions of
2037 this act shall control in any conflict between this act and any
2038 other authority of the department.
2039 Section 11. Section 253.87, Florida Statutes, is created to
2040 read:
2041 253.87 Inventory of state, federal, and local government
2042 conservation lands by the Department of Environmental
2043 Protection.—
2044 (1) By July 1, 2018, the department shall include in the
2045 Florida State-Owned Lands and Records Information System (FL
2046 SOLARIS) database all federally owned conservation lands, all
2047 lands on which the Federal Government retains a permanent
2048 conservation easement, and all lands on which the state retains
2049 a permanent conservation easement. The department shall update
2050 the database at least every 5 years.
2051 (2) By July 1, 2018, for counties and municipalities, and
2052 by July 1, 2019, for financially disadvantaged small
2053 communities, as defined in s. 403.1838, and at least every 5
2054 years thereafter, respectively, each county, municipality, and
2055 financially disadvantaged small community shall identify all
2056 conservation lands that it owns in fee simple and all lands on
2057 which it retains a permanent conservation easement and submit,
2058 in a manner determined by the department, a list of such lands
2059 to the department. Within 6 months after receiving such list,
2060 the department shall add such lands to the FL-SOLARIS database.
2061 (3) By January 1, 2018, the department shall conduct a
2062 study and submit a report to the Governor, the President of the
2063 Senate, and the Speaker of the House of Representatives on the
2064 technical and economic feasibility of including the following
2065 lands in the FL-SOLARIS database or a similar public lands
2066 inventory:
2067 (a) All lands on which local comprehensive plans, land use
2068 restrictions, zoning ordinances, or land development regulations
2069 prohibit the land from being developed or limit the amount of
2070 development to one unit per 40 or more acres.
2071 (b) All publicly and privately owned lands for which
2072 development rights have been transferred.
2073 (c) All privately owned lands under a permanent
2074 conservation easement.
2075 (d) All lands owned by a nonprofit or nongovernmental
2076 organization for conservation purposes.
2077 (e) All lands that are part of a mitigation bank.
2078 Section 12. Section 259.01, Florida Statutes, is amended to
2079 read:
2080 259.01 Short title.—This chapter shall be known and may be
2081 cited as the “Land Conservation Program Act of 1972.”
2082 Section 13. Section 259.02, Florida Statutes, is repealed.
2083 Section 14. Section 259.03, Florida Statutes, is amended to
2084 read:
2085 259.03 Definitions.—As The following terms and phrases when
2086 used in this chapter, the term shall have the meanings ascribed
2087 to them in this section, except where the context clearly
2088 indicates a different meaning:
2089 (1) “Council” means the Acquisition and Restoration that
2090 Council established pursuant to s. 259.035.
2091 (2) “Board” means the Governor and Cabinet, sitting as the
2092 Board of Trustees of the Internal Improvement Trust Fund.
2093 (3) “Capital improvement” or “capital project expenditure”
2094 means those activities relating to the acquisition, restoration,
2095 public access, and recreational uses of such lands, water areas,
2096 and related resources deemed necessary to accomplish the
2097 purposes of this chapter. Eligible activities include, but are
2098 not limited to: the initial removal of invasive plants; the
2099 construction, improvement, enlargement or extension of
2100 facilities’ signs, firelanes, access roads, and trails; or any
2101 other activities that serve to restore, conserve, protect, or
2102 provide public access, recreational opportunities, or necessary
2103 services for land or water areas. Such activities shall be
2104 identified before prior to the acquisition of a parcel or the
2105 approval of a project. The continued expenditures necessary for
2106 a capital improvement approved under this subsection are shall
2107 not be eligible for funding provided in this chapter.
2108 (4) “Department” means the Department of Environmental
2109 Protection.
2110 (5) “Division” means the Division of Bond Finance of the
2111 State Board of Administration.
2112 (6) “Water resource development project” means a project
2113 eligible for funding pursuant to s. 259.105 that increases the
2114 amount of water available to meet the needs of natural systems
2115 and the citizens of the state by enhancing or restoring aquifer
2116 recharge, facilitating the capture and storage of excess flows
2117 in surface waters, or promoting reuse. The implementation of
2118 eligible projects under s. 259.105 includes land acquisition,
2119 land and water body restoration, aquifer storage and recovery
2120 facilities, surface water reservoirs, and other capital
2121 improvements. The term does not include construction of
2122 treatment, transmission, or distribution facilities.
2123 Section 15. Subsections (6), (7), and (8) and paragraphs
2124 (a) and (d) of section (9) of section 259.032, Florida Statutes,
2125 are amended to read:
2126 259.032 Conservation and recreation lands.—
2127 (6) Conservation and recreation lands are subject to the
2128 selection procedures of s. 259.035 and related rules and shall
2129 be acquired in accordance with acquisition procedures for state
2130 lands provided for in s. 253.025 259.041, except as otherwise
2131 provided by the Legislature. An inholding or an addition to
2132 conservation and recreation lands is not subject to the
2133 selection procedures of s. 259.035 if the estimated value of
2134 such inholding or addition does not exceed $500,000. When at
2135 least 90 percent of the acreage of a project has been purchased
2136 for conservation and recreation purposes, the project may be
2137 removed from the list and the remaining acreage may continue to
2138 be purchased. Funds appropriated to acquire conservation and
2139 recreation lands may be used for title work, appraisal fees,
2140 environmental audits, and survey costs related to acquisition
2141 expenses for lands to be acquired, donated, or exchanged which
2142 qualify under the categories of this section, at the discretion
2143 of the board. When the Legislature has authorized the department
2144 of Environmental Protection to condemn a specific parcel of land
2145 and such parcel has already been approved for acquisition, the
2146 land may be acquired in accordance with the provisions of
2147 chapter 73 or chapter 74, and the funds appropriated to acquire
2148 conservation and recreation lands may be used to pay the
2149 condemnation award and all costs, including reasonable attorney
2150 fees, associated with condemnation.
2151 (7) All lands managed under this chapter and s. 253.034
2152 shall be:
2153 (a) Managed in a manner that will provide the greatest
2154 combination of benefits to the public and to the resources.
2155 (b) Managed for public outdoor recreation which is
2156 compatible with the conservation and protection of public lands.
2157 Such management may include, but not be limited to, the
2158 following public recreational uses: fishing, hunting, camping,
2159 bicycling, hiking, nature study, swimming, boating, canoeing,
2160 horseback riding, diving, model hobbyist activities, birding,
2161 sailing, jogging, and other related outdoor activities
2162 compatible with the purposes for which the lands were acquired.
2163 (c) Managed for the purposes for which the lands were
2164 acquired, consistent with paragraph (9)(a).
2165 (c)(d) Concurrent with its adoption of the annual list of
2166 acquisition projects pursuant to s. 259.035, the board of
2167 trustees shall adopt a management prospectus for each project.
2168 The management prospectus shall delineate:
2169 1. The management goals for the property;
2170 2. The conditions that will affect the intensity of
2171 management;
2172 3. An estimate of the revenue-generating potential of the
2173 property, if appropriate;
2174 4. A timetable for implementing the various stages of
2175 management and for providing access to the public, if
2176 applicable;
2177 5. A description of potential multiple-use activities as
2178 described in this section and s. 253.034;
2179 6. Provisions for protecting existing infrastructure and
2180 for ensuring the security of the project upon acquisition;
2181 7. The anticipated costs of management and projected
2182 sources of revenue, including legislative appropriations, to
2183 fund management needs; and
2184 8. Recommendations as to how many employees will be needed
2185 to manage the property, and recommendations as to whether local
2186 governments, volunteer groups, the former landowner, or other
2187 interested parties can be involved in the management.
2188 (d)(e) Concurrent with the approval of the acquisition
2189 contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
2190 interest in lands except those lands being acquired pursuant to
2191 under the provisions of s. 259.1052, the board of trustees shall
2192 designate an agency or agencies to manage such lands. The board
2193 shall evaluate and amend, as appropriate, the management policy
2194 statement for the project as provided by s. 259.035 to ensure
2195 the policy is compatible with conservation or recreation
2196 purposes, consistent with the purposes for which the lands are
2197 acquired. For any fee simple acquisition of a parcel which is or
2198 will be leased back for agricultural purposes, or any
2199 acquisition of a less-than-fee interest in land that is or will
2200 be used for agricultural purposes, the board of trustees of the
2201 Internal Improvement Trust Fund shall first consider having a
2202 soil and water conservation district, created pursuant to
2203 chapter 582, manage and monitor such interests.
2204 (e)(f) State agencies designated to manage lands acquired
2205 under this chapter or with funds deposited into the Land
2206 Acquisition Trust Fund, except those lands acquired under s.
2207 259.1052, may contract with local governments and soil and water
2208 conservation districts to assist in management activities,
2209 including the responsibility of being the lead land manager.
2210 Such land management contracts may include a provision for the
2211 transfer of management funding to the local government or soil
2212 and water conservation district from the land acquisition trust
2213 fund of the lead land managing agency in an amount adequate for
2214 the local government or soil and water conservation district to
2215 perform its contractual land management responsibilities and
2216 proportionate to its responsibilities, and which otherwise would
2217 have been expended by the state agency to manage the property.
2218 (f)(g) Immediately following the acquisition of any
2219 interest in conservation and recreation lands, the department of
2220 Environmental Protection, acting on behalf of the board of
2221 trustees, may issue to the lead managing entity an interim
2222 assignment letter to be effective until the execution of a
2223 formal lease.
2224 (8)(a) State, regional, or local governmental agencies or
2225 private entities designated to manage lands under this section
2226 shall develop and adopt, with the approval of the board of
2227 trustees, an individual management plan for each project
2228 designed to conserve and protect such lands and their associated
2229 natural resources. Private sector involvement in management plan
2230 development may be used to expedite the planning process.
2231 (b) Individual management plans required by s. 253.034(5),
2232 for parcels over 160 acres, shall be developed with input from
2233 an advisory group. Members of this advisory group shall include,
2234 at a minimum, representatives of the lead land managing agency,
2235 comanaging entities, local private property owners, the
2236 appropriate soil and water conservation district, a local
2237 conservation organization, and a local elected official. If
2238 habitat or potentially restorable habitat for imperiled species
2239 is located on state lands, the Fish and Wildlife Conservation
2240 Commission and the Department of Agriculture and Consumer
2241 Services shall be included on any advisory group required under
2242 chapter 253, and the short-term and long-term management goals
2243 required under chapter 253 must advance the goals and objectives
2244 of imperiled species management without restricting other uses
2245 identified in the management plan. The advisory group shall
2246 conduct at least one public hearing within the county in which
2247 the parcel or project is located. For those parcels or projects
2248 that are within more than one county, at least one areawide
2249 public hearing shall be acceptable and the lead managing agency
2250 shall invite a local elected official from each county. The
2251 areawide public hearing shall be held in the county in which the
2252 core parcels are located. Notice of such public hearing shall be
2253 posted on the parcel or project designated for management,
2254 advertised in a paper of general circulation, and announced at a
2255 scheduled meeting of the local governing body before the actual
2256 public hearing. The management prospectus required pursuant to
2257 paragraph (7)(c) (7)(d) shall be available to the public for a
2258 period of 30 days before prior to the public hearing.
2259 (c) Once a plan is adopted, the managing agency or entity
2260 shall update the plan at least every 10 years in a form and
2261 manner adopted prescribed by rule of the board of trustees. Such
2262 updates, for parcels over 160 acres, shall be developed with
2263 input from an advisory group. Such plans may include transfers
2264 of leasehold interests to appropriate conservation organizations
2265 or governmental entities designated by the Land Acquisition and
2266 Management Advisory council or its successor, for uses
2267 consistent with the purposes of the organizations and the
2268 protection, preservation, conservation, restoration, and proper
2269 management of the lands and their resources. Volunteer
2270 management assistance is encouraged, including, but not limited
2271 to, assistance by youths participating in programs sponsored by
2272 state or local agencies, by volunteers sponsored by
2273 environmental or civic organizations, and by individuals
2274 participating in programs for committed delinquents and adults.
2275 (d)1. For each project for which lands are acquired after
2276 July 1, 1995, an individual management plan shall be adopted and
2277 in place no later than 1 year after the essential parcel or
2278 parcels identified in the priority list developed pursuant to s.
2279 259.105 have been acquired. The department of Environmental
2280 Protection shall distribute only 75 percent of the acquisition
2281 funds to which a budget entity or water management district
2282 would otherwise be entitled to any budget entity or any water
2283 management district that has more than one-third of its
2284 management plans overdue.
2285 2. The requirements of subparagraph 1. do not apply to the
2286 individual management plan for the Babcock Crescent B Ranch
2287 being acquired pursuant to s. 259.1052. The management plan for
2288 the ranch shall be adopted and in place no later than 2 years
2289 following the date of acquisition by the state.
2290 (e) Individual management plans shall conform to the
2291 appropriate policies and guidelines of the state land management
2292 plan and shall include, but not be limited to:
2293 1. A statement of the purpose for which the lands were
2294 acquired, the projected use or uses as defined in s. 253.034,
2295 and the statutory authority for such use or uses.
2296 2. Key management activities necessary to achieve the
2297 desired outcomes, including, but not limited to, providing
2298 public access, preserving and protecting natural resources,
2299 protecting cultural and historical resources, restoring habitat,
2300 protecting threatened and endangered species, controlling the
2301 spread of nonnative plants and animals, performing prescribed
2302 fire activities, and other appropriate resource management.
2303 3. A specific description of how the managing agency plans
2304 to identify, locate, protect, and preserve, or otherwise use
2305 fragile, nonrenewable natural and cultural resources.
2306 4. A priority schedule for conducting management
2307 activities, based on the purposes for which the lands were
2308 acquired.
2309 5. A cost estimate for conducting priority management
2310 activities, to include recommendations for cost-effective
2311 methods of accomplishing those activities.
2312 6. A cost estimate for conducting other management
2313 activities which would enhance the natural resource value or
2314 public recreation value for which the lands were acquired. The
2315 cost estimate shall include recommendations for cost-effective
2316 methods of accomplishing those activities.
2317 7. A determination of the public uses and public access
2318 that would be compatible with conservation or recreation
2319 purposes that would be consistent with the purposes for which
2320 the lands were acquired.
2321 (f) The Division of State Lands shall submit a copy of each
2322 individual management plan for parcels which exceed 160 acres in
2323 size to each member of the Acquisition and Restoration council,
2324 which shall:
2325 1. Within 60 days after receiving a plan from the Division
2326 of State Lands, review each plan for compliance with the
2327 requirements of this subsection and with the requirements of the
2328 rules adopted established by the board pursuant to this
2329 subsection.
2330 2. Consider the propriety of the recommendations of the
2331 managing agency with regard to the future use or protection of
2332 the property.
2333 3. After its review, submit the plan, along with its
2334 recommendations and comments, to the board of trustees, with
2335 recommendations as to whether to approve the plan as submitted,
2336 approve the plan with modifications, or reject the plan.
2337 (g) The board of trustees shall consider the individual
2338 management plan submitted by each state agency and the
2339 recommendations of the Acquisition and Restoration council and
2340 the department Division of State Lands and shall approve the
2341 plan with or without modification or reject such plan. The use
2342 or possession of any lands owned by the board of trustees which
2343 is not in accordance with an approved individual management plan
2344 is subject to termination by the board of trustees.
2345
2346 By July 1 of each year, each governmental agency and each
2347 private entity designated to manage lands shall report to the
2348 Secretary of Environmental Protection on the progress of
2349 funding, staffing, and resource management of every project for
2350 which the agency or entity is responsible.
2351 (9)(a) The Legislature recognizes that acquiring lands
2352 pursuant to this chapter serves the public interest by
2353 protecting land, air, and water resources which contribute to
2354 the public health and welfare, providing areas for natural
2355 resource based recreation, and ensuring the survival of unique
2356 and irreplaceable plant and animal species. The Legislature
2357 intends for these lands to be managed and maintained in a manner
2358 that is compatible with conservation or recreation purposes for
2359 the purposes for which they were acquired and for the public to
2360 have access to and use of these lands if public access where it
2361 is consistent with acquisition purposes and would not harm the
2362 resources the state is seeking to protect on the public’s
2363 behalf.
2364 (d) Up to one-fifth of the funds appropriated for the
2365 purposes identified in paragraph (b) shall be reserved by the
2366 board of trustees for interim management of acquisitions and for
2367 associated contractual services, to ensure the conservation and
2368 protection of natural resources on project sites and to allow
2369 limited public recreational use of lands. Interim management
2370 activities may include, but not be limited to, resource
2371 assessments, control of invasive, nonnative species, habitat
2372 restoration, fencing, law enforcement, controlled burning, and
2373 public access consistent with preliminary determinations made
2374 pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
2375 make these interim funds available immediately upon purchase.
2376 Section 16. Subsection (3) and paragraph (a) of subsection
2377 (4) of section 259.035, Florida Statutes, are amended to read:
2378 259.035 Acquisition and Restoration Council.—
2379 (3) The council shall provide assistance to the board of
2380 trustees in reviewing the recommendations and plans for state
2381 owned conservation lands required under s. 253.034 and this
2382 chapter. The council shall, in reviewing such recommendations
2383 and plans, consider the optimization of multiple-use and
2384 conservation strategies to accomplish the provisions funded
2385 pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
2386 to s. 259.105(3)(b).
2387 (4)(a) By December 1, 2016, the Acquisition and Restoration
2388 council shall develop rules defining specific criteria and
2389 numeric performance measures needed for lands that are to be
2390 acquired for public purpose under the Florida Forever program
2391 pursuant to s. 259.105 or with funds deposited into the Land
2392 Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
2393 Constitution. These rules shall be reviewed and adopted by the
2394 board, then submitted to the Legislature for consideration by
2395 February 1, 2017. The Legislature may reject, modify, or take no
2396 action relative to the proposed rules. If no action is taken,
2397 the rules shall be implemented. Subsequent to their approval,
2398 each recipient of funds from the Land Acquisition Trust Fund
2399 shall annually report to the department Division of State Lands
2400 on each of the numeric performance measures accomplished during
2401 the previous fiscal year.
2402 Section 17. Subsections (1), (2), (4), and (5) of section
2403 259.036, Florida Statutes, are amended to read:
2404 259.036 Management review teams.—
2405 (1) To determine whether conservation, preservation, and
2406 recreation lands titled in the name of the board of Trustees of
2407 the Internal Improvement Trust Fund are being managed for the
2408 purposes that are compatible with conservation, preservation, or
2409 recreation for which they were acquired and in accordance with a
2410 land management plan adopted pursuant to s. 259.032, the board
2411 of trustees, acting through the department of Environmental
2412 Protection, shall cause periodic management reviews to be
2413 conducted as follows:
2414 (a) The department shall establish a regional land
2415 management review team composed of the following members:
2416 1. One individual who is from the county or local community
2417 in which the parcel or project is located and who is selected by
2418 the county commission in the county which is most impacted by
2419 the acquisition.
2420 2. One individual from the Division of Recreation and Parks
2421 of the department.
2422 3. One individual from the Florida Forest Service of the
2423 Department of Agriculture and Consumer Services.
2424 4. One individual from the Fish and Wildlife Conservation
2425 Commission.
2426 5. One individual from the department’s district office in
2427 which the parcel is located.
2428 6. A private land manager, preferably from the local
2429 community, mutually agreeable to the state agency
2430 representatives.
2431 7. A member or staff from the jurisdictional water
2432 management district or of the local soil and water conservation
2433 district board of supervisors.
2434 8. A member of a conservation organization.
2435 (b) The department staff of the Division of State Lands
2436 shall act as the review team coordinator for the purposes of
2437 establishing schedules for the reviews and other staff
2438 functions. The Legislature shall appropriate funds necessary to
2439 implement land management review team functions.
2440 (2) The land management review team shall review select
2441 management areas before prior to the date the manager is
2442 required to submit a 10-year land management plan update. For
2443 management areas that exceed 1,000 acres in size, the department
2444 Division of State Lands shall schedule a land management review
2445 at least every 5 years. A copy of the review shall be provided
2446 to the manager, the department Division of State Lands, and the
2447 Acquisition and Restoration council. The manager shall consider
2448 the findings and recommendations of the land management review
2449 team in finalizing the required 10-year update of its management
2450 plan.
2451 (4) In the event a land management plan has not been
2452 adopted within the timeframes specified in s. 259.032(8), the
2453 department may direct a management review of the property, to be
2454 conducted by the land management review team. The review shall
2455 consider the extent to which the land is being managed in a
2456 manner that is compatible with conservation or recreation
2457 purposes for the purposes for which it was acquired and the
2458 degree to which actual management practices are in compliance
2459 with the management policy statement and management prospectus
2460 for that property.
2461 (5) If the land management review team determines that
2462 reviewed lands are not being managed in a manner that is
2463 compatible with conservation or recreation purposes for the
2464 purposes for which they were acquired or in compliance with the
2465 adopted land management plan, management policy statement, or
2466 management prospectus, or if the managing agency fails to
2467 address the review findings in the updated management plan, the
2468 department shall provide the review findings to the board, and
2469 the managing agency must report to the board its reasons for
2470 managing the lands as it has.
2471 Section 18. Section 259.037, Florida Statutes, is amended
2472 to read:
2473 259.037 Land Management Uniform Accounting Council.—
2474 (1) The Land Management Uniform Accounting Council (LMUAC)
2475 is created within the Department of Environmental Protection and
2476 shall consist of the director of the Division of State Lands,
2477 the director of the Division of Recreation and Parks, and the
2478 director of the Office of Coastal and Aquatic Managed Areas, and
2479 the director of the Office of Greenways and Trails of the
2480 department of Environmental Protection; the director of the
2481 Florida Forest Service of the Department of Agriculture and
2482 Consumer Services; the executive director of the Fish and
2483 Wildlife Conservation Commission; and the director of the
2484 Division of Historical Resources of the Department of State, or
2485 their respective designees. Each state agency represented on the
2486 LMUAC council shall have one vote. The chair of the LMUAC
2487 council shall rotate annually in the foregoing order of state
2488 agencies. The agency of the representative serving as chair of
2489 the council shall provide staff support for the LMUAC council.
2490 The Division of State Lands shall serve as the recipient of and
2491 repository for the LMUAC’s council’s documents. The LMUAC
2492 council shall meet at the request of the chair.
2493 (2) The Auditor General and the director of the Office of
2494 Program Policy Analysis and Government Accountability, or their
2495 designees, shall advise the LMUAC council to ensure that
2496 appropriate accounting procedures are used utilized and that a
2497 uniform method of collecting and reporting accurate costs of
2498 land management activities are created and can be used by all
2499 agencies.
2500 (3)(a) All land management activities and costs must be
2501 assigned to a specific category, and any single activity or cost
2502 may not be assigned to more than one category. Administrative
2503 costs, such as planning or training, shall be segregated from
2504 other management activities. Specific management activities and
2505 costs must initially be grouped, at a minimum, within the
2506 following categories:
2507 1. Resource management.
2508 2. Administration.
2509 3. Support.
2510 4. Capital improvements.
2511 5. Recreation visitor services.
2512 6. Law enforcement activities.
2513
2514 Upon adoption of the initial list of land management categories
2515 by the LMUAC council, agencies assigned to manage conservation
2516 or recreation lands shall, on July 1, 2000, begin to account for
2517 land management costs in accordance with the category to which
2518 an expenditure is assigned.
2519 (b) Each reporting agency shall also:
2520 1. Include a report of the available public use
2521 opportunities for each management unit of state land, the total
2522 management cost for public access and public use, and the cost
2523 associated with each use option.
2524 2. List the acres of land requiring minimal management
2525 effort, moderate management effort, and significant management
2526 effort pursuant to s. 259.032(9)(c). For each category created
2527 in paragraph (a), the reporting agency shall include the amount
2528 of funds requested, the amount of funds received, and the amount
2529 of funds expended for land management.
2530 3. List acres managed and cost of management for each park,
2531 preserve, forest, reserve, or management area.
2532 4. List acres managed, cost of management, and lead manager
2533 for each state lands management unit for which secondary
2534 management activities were provided.
2535 5. Include a report of the estimated calculable financial
2536 benefits to the public for the ecosystem services provided by
2537 conservation lands, based on the best readily available
2538 information or science that provides a standard measurement
2539 methodology to be consistently applied by the land managing
2540 agencies. Such information may include, but need not be limited
2541 to, the value of natural lands for protecting the quality and
2542 quantity of drinking water through natural water filtration and
2543 recharge, contributions to protecting and improving air quality,
2544 benefits to agriculture through increased soil productivity and
2545 preservation of biodiversity, and savings to property and lives
2546 through flood control.
2547 (4) The LMUAC council shall provide a report of the
2548 agencies’ expenditures pursuant to the adopted categories to the
2549 Acquisition and Restoration Council and the Division of State
2550 Lands for inclusion in its annual report required pursuant to s.
2551 259.036.
2552 (5) Should the LMUAC council determine that the list of
2553 land management categories needs to be revised, it shall meet
2554 upon the call of the chair.
2555 (6) Biennially, each reporting agency shall also submit an
2556 operational report for each management area along with an
2557 approved management plan. The report should assess the progress
2558 toward achieving short-term and long-term management goals of
2559 the approved management plan, including all land management
2560 activities, and identify any deficiencies in management and
2561 corrective actions to address identified deficiencies as
2562 appropriate. This report shall be submitted to the Acquisition
2563 and Restoration Council and the Division of State Lands for
2564 inclusion in its annual report required pursuant to s. 259.036.
2565 Section 19. Section 259.041, Florida Statutes, is repealed.
2566 Section 20. Subsection (2) of section 259.047, Florida
2567 Statutes, is amended to read:
2568 259.047 Acquisition of land on which an agricultural lease
2569 exists.—
2570 (2) If Where consistent with the purposes of conservation
2571 and recreation for which the property was acquired, the state or
2572 acquiring entity shall make reasonable efforts to keep lands in
2573 agricultural production which are in agricultural production at
2574 the time of acquisition.
2575 Section 21. Subsection (8) of section 259.101, Florida
2576 Statutes, is renumbered as subsection (7), and subsection (5),
2577 paragraph (a) of subsection (6), and present subsection (7) of
2578 that section are amended, to read:
2579 259.101 Florida Preservation 2000 Act.—
2580 (5) DISPOSITION OF LANDS.—
2581 (a) Any lands acquired pursuant to former paragraphs
2582 (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
2583 section, Florida Statutes 2014, if title to such lands is vested
2584 in the board of Trustees of the Internal Improvement Trust Fund,
2585 may be disposed of by the board of Trustees of the Internal
2586 Improvement Trust Fund in accordance with the provisions and
2587 procedures set forth in s. 253.0341 253.034(6), and lands
2588 acquired pursuant to former paragraph (3)(b) of this section,
2589 Florida Statutes 2014, may be disposed of by the owning water
2590 management district in accordance with the procedures and
2591 provisions set forth in ss. 373.056 and 373.089 provided such
2592 disposition also shall satisfy the requirements of paragraphs
2593 (b) and (c).
2594 (b) Before land acquired with Preservation 2000 funds may
2595 be surplused as required by s. 253.0341 253.034(6) or determined
2596 to be no longer required for its purposes under s. 373.056(4),
2597 as applicable, there shall first be a determination by the board
2598 of Trustees of the Internal Improvement Trust Fund, or, in the
2599 case of water management district lands, by the owning water
2600 management district, that such land no longer needs to be
2601 preserved in furtherance of the intent of the Florida
2602 Preservation 2000 Act. Any lands eligible to be disposed of
2603 under this procedure also may be used to acquire other lands
2604 through an exchange of lands if such lands obtained in an
2605 exchange are described in the same paragraph of former
2606 subsection (3) of this section, Florida Statutes 2014, as the
2607 lands disposed.
2608 (c) Revenue derived from the disposal of lands acquired
2609 with Preservation 2000 funds may not be used for any purpose
2610 except for deposit into the Florida Forever Trust Fund within
2611 the department of Environmental Protection, for recredit to the
2612 share held under former subsection (3) of this section, Florida
2613 Statutes 2014, in which such disposed land is described.
2614 (6) ALTERNATE USES OF ACQUIRED LANDS.—
2615 (a) The board of Trustees of the Internal Improvement Trust
2616 Fund, or, in the case of water management district lands, the
2617 owning water management district, may authorize the granting of
2618 a lease, easement, or license for the use of any lands acquired
2619 pursuant to former subsection (3) of this section, Florida
2620 Statutes 2014, for any governmental use permitted by s. 17, Art.
2621 IX of the State Constitution of 1885, as adopted by s. 9(a),
2622 Art. XII of the State Constitution, and any other incidental
2623 public or private use that is determined by the board or the
2624 owning water management district to be compatible with
2625 conservation, preservation, or recreation the purposes for which
2626 such lands were acquired.
2627 (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
2628 (a) The Legislature finds that, with the increasing
2629 pressures on the natural areas of this state, the state must
2630 develop creative techniques to maximize the use of acquisition
2631 and management moneys. The Legislature finds that the state’s
2632 environmental land-buying agencies should be encouraged to
2633 augment their traditional, fee simple acquisition programs with
2634 the use of alternatives to fee simple acquisition techniques.
2635 The Legislature also finds that using alternatives to fee simple
2636 acquisition by public land-buying agencies will achieve the
2637 following public policy goals:
2638 1. Allow more lands to be brought under public protection
2639 for preservation, conservation, and recreational purposes at
2640 less expense using public funds.
2641 2. Retain, on local government tax rolls, some portion of
2642 or interest in lands that are under public protection.
2643 3. Reduce long-term management costs by allowing private
2644 property owners to continue acting as stewards of the land, as
2645 appropriate.
2646
2647 Therefore, it is the intent of the Legislature that public land
2648 buying agencies develop programs to pursue alternatives to fee
2649 simple acquisition and to educate private landowners about such
2650 alternatives and the benefits of such alternatives. It also is
2651 the intent of the Legislature that the department and the water
2652 management districts spend a portion of their shares of
2653 Preservation 2000 bond proceeds to purchase eligible properties
2654 using alternatives to fee simple acquisition. Finally, it is the
2655 intent of the Legislature that public agencies acquire lands in
2656 fee simple for public access and recreational activities. Lands
2657 protected using alternatives to fee simple acquisition
2658 techniques may not be accessible to the public unless such
2659 access is negotiated with and agreed to by the private
2660 landowners who retain interests in such lands.
2661 (b) The Land Acquisition Advisory Council and the water
2662 management districts shall identify, within their 1997
2663 acquisition plans, those projects that require a full fee simple
2664 interest to achieve the public policy goals, along with the
2665 reasons why full title is determined to be necessary. The
2666 council and the water management districts may use alternatives
2667 to fee simple acquisition to bring the remaining projects in
2668 their acquisition plans under public protection. For the
2669 purposes of this subsection, the term “alternatives to fee
2670 simple acquisition” includes the purchase of development rights;
2671 conservation easements; flowage easements; the purchase of
2672 timber rights, mineral rights, or hunting rights; the purchase
2673 of agricultural interests or silvicultural interests; land
2674 protection agreements; fee simple acquisitions with
2675 reservations; or any other acquisition technique that achieves
2676 the public policy goals identified in paragraph (a). It is
2677 presumed that a private landowner retains the full range of uses
2678 for all the rights or interests in the landowner’s land which
2679 are not specifically acquired by the public agency. Life estates
2680 and fee simple acquisitions with leaseback provisions do not
2681 qualify as an alternative to fee simple acquisition under this
2682 subsection, although the department and the districts are
2683 encouraged to use such techniques if appropriate.
2684 (c) The department and each water management district shall
2685 implement initiatives to use alternatives to fee simple
2686 acquisition and to educate private landowners about such
2687 alternatives. These initiatives must include at least two
2688 acquisitions a year by the department and each water management
2689 district utilizing alternatives to fee simple.
2690 (d) The Legislature finds that the lack of direct sales
2691 comparison information has served as an impediment to successful
2692 implementation of alternatives to fee simple acquisition. It is
2693 the intent of the Legislature that, in the absence of direct
2694 comparable sales information, appraisals of alternatives to fee
2695 simple acquisitions be based on the difference between the full
2696 fee simple valuation and the value of the interests remaining
2697 with the seller after acquisition.
2698 (e) The public agency that has been assigned management
2699 responsibility shall inspect and monitor any less-than-fee
2700 simple interest according to the terms of the purchase agreement
2701 relating to such interest.
2702 (f) The department and the water management districts may
2703 enter into joint acquisition agreements to jointly fund the
2704 purchase of lands using alternatives to fee simple techniques.
2705 Section 22. Paragraph (a) of subsection (2), paragraphs (i)
2706 and (l) of subsection (3), subsections (10) and (13), paragraph
2707 (i) of subsection (15), and subsection (19) of section 259.105,
2708 Florida Statutes, are amended to read:
2709 259.105 The Florida Forever Act.—
2710 (2)(a) The Legislature finds and declares that:
2711 1. Land acquisition programs have provided tremendous
2712 financial resources for purchasing environmentally significant
2713 lands to protect those lands from imminent development or
2714 alteration, thereby ensuring present and future generations’
2715 access to important waterways, open spaces, and recreation and
2716 conservation lands.
2717 2. The continued alteration and development of the state’s
2718 Florida’s natural and rural areas to accommodate the state’s
2719 growing population have contributed to the degradation of water
2720 resources, the fragmentation and destruction of wildlife
2721 habitats, the loss of outdoor recreation space, and the
2722 diminishment of wetlands, forests, working landscapes, and
2723 coastal open space.
2724 3. The potential development of the state’s Florida’s
2725 remaining natural areas and escalation of land values require
2726 government efforts to restore, bring under public protection, or
2727 acquire lands and water areas to preserve the state’s essential
2728 ecological functions and invaluable quality of life.
2729 4. It is essential to protect the state’s ecosystems by
2730 promoting a more efficient use of land, to ensure opportunities
2731 for viable agricultural activities on working lands, and to
2732 promote vital rural and urban communities that support and
2733 produce development patterns consistent with natural resource
2734 protection.
2735 5. The state’s Florida’s groundwater, surface waters, and
2736 springs are under tremendous pressure due to population growth
2737 and economic expansion and require special protection and
2738 restoration efforts, including the protection of uplands and
2739 springsheds that provide vital recharge to aquifer systems and
2740 are critical to the protection of water quality and water
2741 quantity of the aquifers and springs. To ensure that sufficient
2742 quantities of water are available to meet the current and future
2743 needs of the natural systems and citizens of the state, and
2744 assist in achieving the planning goals of the department and the
2745 water management districts, water resource development projects
2746 on public lands, if where compatible with the resource values of
2747 and management objectives for the lands, are appropriate.
2748 6. The needs of urban, suburban, and small communities in
2749 the state Florida for high-quality outdoor recreational
2750 opportunities, greenways, trails, and open space have not been
2751 fully met by previous acquisition programs. Through such
2752 programs as the Florida Communities Trust and the Florida
2753 Recreation Development Assistance Program, the state shall place
2754 additional emphasis on acquiring, protecting, preserving, and
2755 restoring open space, ecological greenways, and recreation
2756 properties within urban, suburban, and rural areas where
2757 pristine natural communities or water bodies no longer exist
2758 because of the proximity of developed property.
2759 7. Many of the state’s Florida’s unique ecosystems, such as
2760 the Florida Everglades, are facing ecological collapse due to
2761 the state’s Florida’s burgeoning population growth and other
2762 economic activities. To preserve these valuable ecosystems for
2763 future generations, essential parcels of land must be acquired
2764 to facilitate ecosystem restoration.
2765 8. Access to public lands to support a broad range of
2766 outdoor recreational opportunities and the development of
2767 necessary infrastructure, if where compatible with the resource
2768 values of and management objectives for such lands, promotes an
2769 appreciation for the state’s Florida’s natural assets and
2770 improves the quality of life.
2771 9. Acquisition of lands, in fee simple, less-than-fee
2772 interest, or other techniques shall be based on a comprehensive
2773 science-based assessment of the state’s Florida’s natural
2774 resources which targets essential conservation lands by
2775 prioritizing all current and future acquisitions based on a
2776 uniform set of data and planned so as to protect the integrity
2777 and function of ecological systems and working landscapes, and
2778 provide multiple benefits, including preservation of fish and
2779 wildlife habitat, recreation space for urban and rural areas,
2780 and the restoration of natural water storage, flow, and
2781 recharge.
2782 10. The state has embraced performance-based program
2783 budgeting as a tool to evaluate the achievements of publicly
2784 funded agencies, build in accountability, and reward those
2785 agencies which are able to consistently achieve quantifiable
2786 goals. While previous and existing state environmental programs
2787 have achieved varying degrees of success, few of these programs
2788 can be evaluated as to the extent of their achievements,
2789 primarily because performance measures, standards, outcomes, and
2790 goals were not established at the outset. Therefore, the Florida
2791 Forever program shall be developed and implemented in the
2792 context of measurable state goals and objectives.
2793 11. The state must play a major role in the recovery and
2794 management of its imperiled species through the acquisition,
2795 restoration, enhancement, and management of ecosystems that can
2796 support the major life functions of such species. It is the
2797 intent of the Legislature to support local, state, and federal
2798 programs that result in net benefit to imperiled species habitat
2799 by providing public and private land owners meaningful
2800 incentives for acquiring, restoring, managing, and repopulating
2801 habitats for imperiled species. It is the further intent of the
2802 Legislature that public lands, both existing and to be acquired,
2803 identified by the lead land managing agency, in consultation
2804 with the Florida Fish and Wildlife Conservation Commission for
2805 animals or the Department of Agriculture and Consumer Services
2806 for plants, as habitat or potentially restorable habitat for
2807 imperiled species, be restored, enhanced, managed, and
2808 repopulated as habitat for such species to advance the goals and
2809 objectives of imperiled species management in a manner that is
2810 compatible with conservation or recreation purposes consistent
2811 with the purposes for which such lands are acquired without
2812 restricting other uses identified in the management plan. It is
2813 also the intent of the Legislature that of the proceeds
2814 distributed pursuant to subsection (3), additional consideration
2815 be given to acquisitions that achieve a combination of
2816 conservation goals, including the restoration, enhancement,
2817 management, or repopulation of habitat for imperiled species.
2818 The Acquisition and Restoration council, in addition to the
2819 criteria in subsection (9), shall give weight to projects that
2820 include acquisition, restoration, management, or repopulation of
2821 habitat for imperiled species. The term “imperiled species” as
2822 used in this chapter and chapter 253, means plants and animals
2823 that are federally listed under the Endangered Species Act, or
2824 state-listed by the Fish and Wildlife Conservation Commission or
2825 the Department of Agriculture and Consumer Services.
2826 a. As part of the state’s role, all state lands that have
2827 imperiled species habitat shall include as a consideration in
2828 management plan development the restoration, enhancement,
2829 management, and repopulation of such habitats. In addition, the
2830 lead land managing agency of such state lands may use fees
2831 received from public or private entities for projects to offset
2832 adverse impacts to imperiled species or their habitat in order
2833 to restore, enhance, manage, repopulate, or acquire land and to
2834 implement land management plans developed under s. 253.034 or a
2835 land management prospectus developed and implemented under this
2836 chapter. Such fees shall be deposited into a foundation or fund
2837 created by each land management agency under s. 379.223, s.
2838 589.012, or s. 259.032(9)(c), to be used solely to restore,
2839 manage, enhance, repopulate, or acquire imperiled species
2840 habitat.
2841 b. Where habitat or potentially restorable habitat for
2842 imperiled species is located on state lands, the Fish and
2843 Wildlife Conservation Commission and the Department of
2844 Agriculture and Consumer Services shall be included on any
2845 advisory group required under chapter 253, and the short-term
2846 and long-term management goals required under chapter 253 must
2847 advance the goals and objectives of imperiled species management
2848 consistent with the purposes for which the land was acquired
2849 without restricting other uses identified in the management
2850 plan.
2851 12. There is a need to change the focus and direction of
2852 the state’s major land acquisition programs and to extend
2853 funding and bonding capabilities, so that future generations may
2854 enjoy the natural resources of this state.
2855 (3) Less the costs of issuing and the costs of funding
2856 reserve accounts and other costs associated with bonds, the
2857 proceeds of cash payments or bonds issued pursuant to this
2858 section shall be deposited into the Florida Forever Trust Fund
2859 created by s. 259.1051. The proceeds shall be distributed by the
2860 department of Environmental Protection in the following manner:
2861 (i) Three and five-tenths percent to the Department of
2862 Agriculture and Consumer Services for the acquisition of
2863 agricultural lands, through perpetual conservation easements and
2864 other perpetual less-than-fee techniques, which will achieve the
2865 objectives of Florida Forever and s. 570.71. Rules concerning
2866 the application, acquisition, and priority ranking process for
2867 such easements shall be developed pursuant to s. 570.71(10) and
2868 as provided by this paragraph. The board shall ensure that such
2869 rules are consistent with the acquisition process provided for
2870 in s. 253.025 259.041. Provisions of The rules developed
2871 pursuant to s. 570.71(10), shall also provide for the following:
2872 1. An annual priority list shall be developed pursuant to
2873 s. 570.71(10), submitted to the Acquisition and Restoration
2874 council for review, and approved by the board pursuant to s.
2875 259.04.
2876 2. Terms of easements and acquisitions proposed pursuant to
2877 this paragraph shall be approved by the board and may shall not
2878 be delegated by the board to any other entity receiving funds
2879 under this section.
2880 3. All acquisitions pursuant to this paragraph shall
2881 contain a clear statement that they are subject to legislative
2882 appropriation.
2883
2884 No Funds provided under this paragraph may not shall be expended
2885 until final adoption of rules by the board pursuant to s.
2886 570.71.
2887 (l) For the purposes of paragraphs (e), (f), (g), and (h),
2888 the agencies that receive the funds shall develop their
2889 individual acquisition or restoration lists in accordance with
2890 specific criteria and numeric performance measures developed
2891 pursuant to s. 259.035(4). Proposed additions may be acquired if
2892 they are identified within the original project boundary, the
2893 management plan required pursuant to s. 253.034(5), or the
2894 management prospectus required pursuant to s. 259.032(7)(c)
2895 259.032(7)(d). Proposed additions not meeting the requirements
2896 of this paragraph shall be submitted to the Acquisition and
2897 Restoration council for approval. The council may only approve
2898 the proposed addition if it meets two or more of the following
2899 criteria: serves as a link or corridor to other publicly owned
2900 property; enhances the protection or management of the property;
2901 would add a desirable resource to the property; would create a
2902 more manageable boundary configuration; has a high resource
2903 value that otherwise would be unprotected; or can be acquired at
2904 less than fair market value.
2905 (10) The Acquisition and Restoration council shall give
2906 increased priority to:
2907 (a) those Projects for which matching funds are available.
2908 (b) and to Project elements previously identified on an
2909 acquisition list pursuant to this section that can be acquired
2910 at 80 percent or less of appraised value.
2911 (c) Projects that can be acquired in less than fee
2912 ownership, such as a permanent conservation easement.
2913 (d) Projects that contribute to improving the quality and
2914 quantity of surface water and groundwater.
2915 (e) Projects that contribute to improving the water quality
2916 and flow of springs.
2917 (f) The council shall also give increased priority to those
2918 Projects for which where the state’s land conservation plans
2919 overlap with the military’s need to protect lands, water, and
2920 habitat to ensure the sustainability of military missions
2921 including:
2922 1.(a) Protecting habitat on nonmilitary land for any
2923 species found on military land that is designated as threatened
2924 or endangered, or is a candidate for such designation under the
2925 Endangered Species Act or any Florida statute;
2926 2.(b) Protecting areas underlying low-level military air
2927 corridors or operating areas; and
2928 3.(c) Protecting areas identified as clear zones, accident
2929 potential zones, and air installation compatible use buffer
2930 zones delineated by our military partners, and for which federal
2931 or other funding is available to assist with the project.
2932 (13) An affirmative vote of at least five members of the
2933 Acquisition and Restoration council shall be required in order
2934 to place a proposed project submitted pursuant to subsection (7)
2935 on the proposed project list developed pursuant to subsection
2936 (8). Any member of the council who by family or a business
2937 relationship has a connection with any project proposed to be
2938 ranked shall declare such interest before prior to voting for a
2939 project’s inclusion on the list.
2940 (15) The Acquisition and Restoration council shall submit
2941 to the board of trustees, with its list of projects, a report
2942 that includes, but need shall not be limited to, the following
2943 information for each project listed:
2944 (i) A management policy statement for the project and a
2945 management prospectus pursuant to s. 259.032(7)(c)
2946 259.032(7)(d).
2947 (19) The Acquisition and Restoration council shall
2948 recommend adoption of rules by the board of trustees necessary
2949 to implement the provisions of this section relating to:
2950 solicitation, scoring, selecting, and ranking of Florida Forever
2951 project proposals; disposing of or leasing lands or water areas
2952 selected for funding through the Florida Forever program; and
2953 the process of reviewing and recommending for approval or
2954 rejection the land management plans associated with publicly
2955 owned properties. Rules promulgated pursuant to this subsection
2956 shall be submitted to the President of the Senate and the
2957 Speaker of the House of Representatives, for review by the
2958 Legislature, no later than 30 days prior to the 2010 Regular
2959 Session and shall become effective only after legislative
2960 review. In its review, the Legislature may reject, modify, or
2961 take no action relative to such rules. The board of trustees
2962 shall conform such rules to changes made by the Legislature, or,
2963 if no action was taken by the Legislature, such rules shall
2964 become effective.
2965 Section 23. Subsections (6) and (7) of section 259.1052,
2966 Florida Statutes, are amended to read:
2967 259.1052 Babcock Crescent B Ranch Florida Forever
2968 acquisition; conditions for purchase.—
2969 (6) In addition to distributions authorized under s.
2970 259.105(3), the Department of Environmental Protection is
2971 authorized to distribute $310 million in revenues from the
2972 Florida Forever Trust Fund. This distribution shall represent
2973 payment in full for the portion of the Babcock Crescent B Ranch
2974 to be acquired by the state under this section.
2975 (7) As used in this section, the term “state’s portion of
2976 the Babcock Crescent B Ranch” comprises those lands to be
2977 conveyed by special warranty deed to the Board of Trustees of
2978 the Internal Improvement Trust Fund under the provisions of the
2979 agreement for sale and purchase executed by the Board of
2980 Trustees of the Internal Improvement Trust Fund, the Fish and
2981 Wildlife Conservation Commission, the Department of Agriculture
2982 and Consumer Services, and the participating local government,
2983 as purchaser, and MSKP, III, a Florida corporation, as seller.
2984 Section 24. Paragraph (d) of subsection (1) of section
2985 73.015, Florida Statutes, is amended to read:
2986 73.015 Presuit negotiation.—
2987 (1) Effective July 1, 2000, before an eminent domain
2988 proceeding is brought under this chapter or chapter 74, the
2989 condemning authority must attempt to negotiate in good faith
2990 with the fee owner of the parcel to be acquired, must provide
2991 the fee owner with a written offer and, if requested, a copy of
2992 the appraisal upon which the offer is based, and must attempt to
2993 reach an agreement regarding the amount of compensation to be
2994 paid for the parcel.
2995 (d) Notwithstanding this subsection, with respect to lands
2996 acquired under s. 253.025 259.041, the condemning authority is
2997 not required to give the fee owner the current appraisal before
2998 executing an option contract.
2999 Section 25. Paragraph (b) of subsection (1) of section
3000 125.355, Florida Statutes, is amended to read:
3001 125.355 Proposed purchase of real property by county;
3002 confidentiality of records; procedure.—
3003 (1)
3004 (b) If the exemptions provided in this section are
3005 utilized, the governing body shall obtain at least one appraisal
3006 by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
3007 for each purchase in an amount of not more than $500,000. For
3008 each purchase in an amount in excess of $500,000, the governing
3009 body shall obtain at least two appraisals by appraisers approved
3010 pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
3011 price exceeds the average appraised price of the two appraisals,
3012 the governing body is required to approve the purchase by an
3013 extraordinary vote. The governing body may, by ordinary vote,
3014 exempt a purchase in an amount of $100,000 or less from the
3015 requirement for an appraisal.
3016 Section 26. Paragraph (b) of subsection (1) of section
3017 166.045, Florida Statutes, is amended to read:
3018 166.045 Proposed purchase of real property by municipality;
3019 confidentiality of records; procedure.—
3020 (1)
3021 (b) If the exemptions provided in this section are
3022 utilized, the governing body shall obtain at least one appraisal
3023 by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
3024 for each purchase in an amount of not more than $500,000. For
3025 each purchase in an amount in excess of $500,000, the governing
3026 body shall obtain at least two appraisals by appraisers approved
3027 pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
3028 price exceeds the average appraised price of the two appraisals,
3029 the governing body is required to approve the purchase by an
3030 extraordinary vote. The governing body may, by ordinary vote,
3031 exempt a purchase in an amount of $100,000 or less from the
3032 requirement for an appraisal.
3033 Section 27. Subsection (2) of section 215.82, Florida
3034 Statutes, is amended to read:
3035 215.82 Validation; when required.—
3036 (2) Any bonds issued pursuant to this act which are
3037 validated shall be validated in the manner provided by chapter
3038 75. In actions to validate bonds to be issued in the name of the
3039 State Board of Education under s. 9(a) and (d), Art. XII of the
3040 State Constitution and bonds to be issued pursuant to chapter
3041 259, the Land Conservation Program Act of 1972, the complaint
3042 shall be filed in the circuit court of the county where the seat
3043 of state government is situated, the notice required to be
3044 published by s. 75.06 shall be published only in the county
3045 where the complaint is filed, and the complaint and order of the
3046 circuit court shall be served only on the state attorney of the
3047 circuit in which the action is pending. In any action to
3048 validate bonds issued pursuant to s. 1010.62 or issued pursuant
3049 to s. 9(a)(1), Art. XII of the State Constitution or issued
3050 pursuant to s. 215.605 or s. 338.227, the complaint shall be
3051 filed in the circuit court of the county where the seat of state
3052 government is situated, the notice required to be published by
3053 s. 75.06 shall be published in a newspaper of general
3054 circulation in the county where the complaint is filed and in
3055 two other newspapers of general circulation in the state, and
3056 the complaint and order of the circuit court shall be served
3057 only on the state attorney of the circuit in which the action is
3058 pending; provided, however, that if publication of notice
3059 pursuant to this section would require publication in more
3060 newspapers than would publication pursuant to s. 75.06, such
3061 publication shall be made pursuant to s. 75.06.
3062 Section 28. Section 215.965, Florida Statutes, is amended
3063 to read:
3064 215.965 Disbursement of state moneys.—Except as provided in
3065 s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
3066 717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
3067 moneys in the State Treasury shall be disbursed by state
3068 warrant, drawn by the Chief Financial Officer upon the State
3069 Treasury and payable to the ultimate beneficiary. This
3070 authorization shall include electronic disbursement.
3071 Section 29. Subsection (8) of section 253.027, Florida
3072 Statutes, is amended to read:
3073 253.027 Emergency archaeological property acquisition.—
3074 (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
3075 of the Internal Improvement Trust Fund may waive or limit any
3076 appraisal or survey requirements in s. 253.025 259.041, if
3077 necessary to effectuate the purposes of this section. Fee simple
3078 title is not required to be conveyed if some lesser interest
3079 will allow the preservation of the archaeological resource.
3080 Properties purchased pursuant to this section shall be
3081 considered archaeologically unique or significant properties and
3082 may be purchased under the provisions of s. 253.025(9)
3083 253.025(7).
3084 Section 30. Section 253.7824, Florida Statutes, is amended
3085 to read:
3086 253.7824 Sale of products; proceeds.—The Department of
3087 Environmental Protection may authorize the removal and sale of
3088 products from the land where environmentally appropriate, the
3089 proceeds from which shall be deposited into the appropriate
3090 trust fund in accordance with the same disposition provided
3091 under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
3092 sale of land.
3093 Section 31. Paragraphs (b) and (c) of subsection (2) of
3094 section 260.015, Florida Statutes, are amended to read:
3095 260.015 Acquisition of land.—
3096 (2) For purposes of the Florida Greenways and Trails
3097 Program, the board may:
3098 (b) Accept title to abandoned railroad rights-of-way which
3099 is conveyed by quitclaim deed through purchase, dedication,
3100 gift, grant, or settlement, notwithstanding s. 253.025
3101 259.041(1).
3102 (c) Enter into an agreement or, upon delegation, the
3103 department may enter into an agreement, with a nonprofit
3104 corporation, as defined in s. 253.025 259.041(7)(e), to assume
3105 responsibility for acquisition of lands pursuant to this
3106 section. The agreement may transfer responsibility for all
3107 matters which may be delegated or waived pursuant to s. 253.025
3108 259.041(1).
3109 Section 32. Paragraph (b) of subsection (3) of section
3110 260.016, Florida Statutes, is amended to read:
3111 260.016 General powers of the department.—
3112 (3) The department or its designee is authorized to
3113 negotiate with potentially affected private landowners as to the
3114 terms under which such landowners would consent to the public
3115 use of their lands as part of the greenways and trails system.
3116 The department shall be authorized to agree to incentives for a
3117 private landowner who consents to this public use of his or her
3118 lands for conservation or recreational purposes, including, but
3119 not limited to, the following:
3120 (b) Agreement to exchange, subject to the approval of the
3121 board of Trustees of the Internal Improvement Trust Fund or
3122 other applicable unit of government, ownership or other rights
3123 of use of public lands for the ownership or other rights of use
3124 of privately owned lands. Any exchange of state-owned lands,
3125 title to which is vested in the board of Trustees of the
3126 Internal Improvement Trust Fund, for privately owned lands shall
3127 be subject to the requirements of s. 253.025 259.041.
3128 Section 33. Subsections (6) and (7) of section 369.317,
3129 Florida Statutes, are amended to read:
3130 369.317 Wekiva Parkway.—
3131 (6) The Central Florida Expressway Authority is hereby
3132 granted the authority to act as a third-party acquisition agent,
3133 pursuant to s. 253.025 259.041 on behalf of the Board of
3134 Trustees of the Internal Improvement Trust Fund or chapter 373
3135 on behalf of the governing board of the St. Johns River Water
3136 Management District, for the acquisition of all necessary lands,
3137 property and all interests in property identified herein,
3138 including fee simple or less-than-fee simple interests. The
3139 lands subject to this authority are identified in paragraph
3140 10.a., State of Florida, Office of the Governor, Executive Order
3141 03-112 of July 1, 2003, and in Recommendation 16 of the Wekiva
3142 Basin Area Task Force created by Executive Order 2002-259, such
3143 lands otherwise known as Neighborhood Lakes, a 1,587+/-acre
3144 parcel located in Orange and Lake Counties within Sections 27,
3145 28, 33, and 34 of Township 19 South, Range 28 East, and Sections
3146 3, 4, 5, and 9 of Township 20 South, Range 28 East; Seminole
3147 Woods/Swamp, a 5,353+/-acre parcel located in Lake County within
3148 Section 37, Township 19 South, Range 28 East; New Garden Coal; a
3149 1,605+/-acre parcel in Lake County within Sections 23, 25, 26,
3150 35, and 36, Township 19 South, Range 28 East; Pine Plantation, a
3151 617+/-acre tract consisting of eight individual parcels within
3152 the Apopka City limits. The Department of Transportation, the
3153 Department of Environmental Protection, the St. Johns River
3154 Water Management District, and other land acquisition entities
3155 shall participate and cooperate in providing information and
3156 support to the third-party acquisition agent. The land
3157 acquisition process authorized by this paragraph shall begin no
3158 later than December 31, 2004. Acquisition of the properties
3159 identified as Neighborhood Lakes, Pine Plantation, and New
3160 Garden Coal, or approval as a mitigation bank shall be concluded
3161 no later than December 31, 2010. Department of Transportation
3162 and Central Florida Expressway Authority funds expended to
3163 purchase an interest in those lands identified in this
3164 subsection shall be eligible as environmental mitigation for
3165 road construction related impacts in the Wekiva Study Area. If
3166 any of the lands identified in this subsection are used as
3167 environmental mitigation for road-construction-related impacts
3168 incurred by the Department of Transportation or Central Florida
3169 Expressway Authority, or for other impacts incurred by other
3170 entities, within the Wekiva Study Area or within the Wekiva
3171 parkway alignment corridor, and if the mitigation offsets these
3172 impacts, the St. Johns River Water Management District and the
3173 Department of Environmental Protection shall consider the
3174 activity regulated under part IV of chapter 373 to meet the
3175 cumulative impact requirements of s. 373.414(8)(a).
3176 (a) Acquisition of the land described in this section is
3177 required to provide right-of-way for the Wekiva Parkway, a
3178 limited access roadway linking State Road 429 to Interstate 4,
3179 an essential component in meeting regional transportation needs
3180 to provide regional connectivity, improve safety, accommodate
3181 projected population and economic growth, and satisfy critical
3182 transportation requirements caused by increased traffic volume
3183 growth and travel demands.
3184 (b) Acquisition of the lands described in this section is
3185 also required to protect the surface water and groundwater
3186 resources of Lake, Orange, and Seminole counties, otherwise
3187 known as the Wekiva Study Area, including recharge within the
3188 springshed that provides for the Wekiva River system. Protection
3189 of this area is crucial to the long term viability of the Wekiva
3190 River and springs and the central Florida region’s water supply.
3191 Acquisition of the lands described in this section is also
3192 necessary to alleviate pressure from growth and development
3193 affecting the surface and groundwater resources within the
3194 recharge area.
3195 (c) Lands acquired pursuant to this section that are needed
3196 for transportation facilities for the Wekiva Parkway shall be
3197 determined not necessary for conservation purposes pursuant to
3198 ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
3199 to or retained by the Central Florida Expressway Authority or
3200 the Department of Transportation upon reimbursement of the full
3201 purchase price and acquisition costs.
3202 (7) The Department of Transportation, the Department of
3203 Environmental Protection, the St. Johns River Water Management
3204 District, Central Florida Expressway Authority, and other land
3205 acquisition entities shall cooperate and establish funding
3206 responsibilities and partnerships by agreement to the extent
3207 funds are available to the various entities. Properties acquired
3208 with Florida Forever funds shall be in accordance with s.
3209 253.025 259.041 or chapter 373. The Central Florida Expressway
3210 Authority shall acquire land in accordance with this section of
3211 law to the extent funds are available from the various funding
3212 partners; however, the authority is, but shall not be required
3213 or nor assumed to fund the land acquisition beyond the agreement
3214 and funding provided by the various land acquisition entities.
3215 Section 34. Paragraph (a) of subsection (3) of section
3216 373.139, Florida Statutes, is amended to read:
3217 373.139 Acquisition of real property.—
3218 (3) The initial 5-year work plan and any subsequent
3219 modifications or additions thereto shall be adopted by each
3220 water management district after a public hearing. Each water
3221 management district shall provide at least 14 days’ advance
3222 notice of the hearing date and shall separately notify each
3223 county commission within which a proposed work plan project or
3224 project modification or addition is located of the hearing date.
3225 (a) Appraisal reports, offers, and counteroffers are
3226 confidential and exempt from the provisions of s. 119.07(1)
3227 until an option contract is executed or, if no option contract
3228 is executed, until 30 days before a contract or agreement for
3229 purchase is considered for approval by the governing board.
3230 However, each district may, at its discretion, disclose
3231 appraisal reports to private landowners during negotiations for
3232 acquisitions using alternatives to fee simple techniques, if the
3233 district determines that disclosure of such reports will bring
3234 the proposed acquisition to closure. If In the event that
3235 negotiation is terminated by the district, the appraisal report,
3236 offers, and counteroffers shall become available pursuant to s.
3237 119.07(1). Notwithstanding the provisions of this section and s.
3238 253.025 259.041, a district and the Division of State Lands may
3239 share and disclose appraisal reports, appraisal information,
3240 offers, and counteroffers when joint acquisition of property is
3241 contemplated. A district and the Division of State Lands shall
3242 maintain the confidentiality of such appraisal reports,
3243 appraisal information, offers, and counteroffers in conformance
3244 with this section and s. 253.025 259.041, except in those cases
3245 in which a district and the division have exercised discretion
3246 to disclose such information. A district may disclose appraisal
3247 information, offers, and counteroffers to a third party who has
3248 entered into a contractual agreement with the district to work
3249 with or on the behalf of or to assist the district in connection
3250 with land acquisitions. The third party shall maintain the
3251 confidentiality of such information in conformance with this
3252 section. In addition, a district may use, as its own, appraisals
3253 obtained by a third party provided the appraiser is selected
3254 from the district’s list of approved appraisers and the
3255 appraisal is reviewed and approved by the district.
3256 Section 35. Subsection (8) of section 375.031, Florida
3257 Statutes, is amended to read:
3258 375.031 Acquisition of land; procedures.—
3259 (8) The department may, if it deems it desirable and in the
3260 best interest of the program, request the board of trustees to
3261 sell or otherwise dispose of any lands or water storage areas
3262 acquired under this act. The board of trustees, when so
3263 requested, shall offer the lands or water storage areas, on such
3264 terms as the department may determine, first to other state
3265 agencies and then, if still available, to the county or
3266 municipality in which the lands or water storage areas lie. If
3267 not acquired by another state agency or local governmental body
3268 for beneficial public purposes, the lands or water storage areas
3269 shall then be offered by the board of trustees at public sale,
3270 after first giving notice of such sale by publication in a
3271 newspaper published in the county or counties in which such
3272 lands or water storage areas lie not less than once a week for 3
3273 consecutive weeks. All proceeds from the sale or disposition of
3274 any lands or water storage areas pursuant to this section shall
3275 be deposited into the appropriate trust fund pursuant to s.
3276 253.0341 253.034(6)(k), (l), or (m).
3277 Section 36. Subsection (2) of section 375.041, Florida
3278 Statutes, is amended to read:
3279 375.041 Land Acquisition Trust Fund.—
3280 (2) All moneys and revenue from the sale or other
3281 disposition of land, water areas, or related resources acquired
3282 on or after July 1, 2015, for the purposes of s. 28, Art. X of
3283 the State Constitution shall be deposited into or credited to
3284 the Land Acquisition Trust Fund, except as otherwise provided
3285 pursuant to s. 253.0341 253.034(6)(l).
3286 Section 37. Paragraph (a) of subsection (1) of section
3287 380.05, Florida Statutes, is amended to read:
3288 380.05 Areas of critical state concern.—
3289 (1)(a) The state land planning agency may from time to time
3290 recommend to the Administration Commission specific areas of
3291 critical state concern. In its recommendation, the agency shall
3292 include recommendations with respect to the purchase of lands
3293 situated within the boundaries of the proposed area as
3294 environmentally endangered lands and outdoor recreation lands
3295 under the Land Conservation Program Act of 1972. The agency also
3296 shall include any report or recommendation of a resource
3297 planning and management committee appointed pursuant to s.
3298 380.045; the dangers that would result from uncontrolled or
3299 inadequate development of the area and the advantages that would
3300 be achieved from the development of the area in a coordinated
3301 manner; a detailed boundary description of the proposed area;
3302 specific principles for guiding development within the area; an
3303 inventory of lands owned by the state, federal, county, and
3304 municipal governments within the proposed area; and a list of
3305 the state agencies with programs that affect the purpose of the
3306 designation. The agency shall recommend actions which the local
3307 government and state and regional agencies must accomplish in
3308 order to implement the principles for guiding development. These
3309 actions may include, but need shall not be limited to, revisions
3310 of the local comprehensive plan and adoption of land development
3311 regulations, density requirements, and special permitting
3312 requirements.
3313 Section 38. Paragraph (b) of subsection (5) of section
3314 380.055, Florida Statutes, is amended to read:
3315 380.055 Big Cypress Area.—
3316 (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
3317 (b) The Board of Trustees of the Internal Improvement Trust
3318 Fund shall set aside from the proceeds of the full faith and
3319 credit bonds authorized by the Land Conservation Program Act of
3320 1972, or from other funds authorized, appropriated, or allocated
3321 for the acquisition of environmentally endangered lands, or from
3322 both sources, $40 million for acquisition of the area proposed
3323 as the Federal Big Cypress National Preserve, Florida, or
3324 portions thereof.
3325 Section 39. Paragraph (f) of subsection (4) of section
3326 380.508, Florida Statutes, is amended to read:
3327 380.508 Projects; development, review, and approval.—
3328 (4) Projects or activities which the trust undertakes,
3329 coordinates, or funds in any manner shall comply with the
3330 following guidelines:
3331 (f) The trust shall cooperate with local governments, state
3332 agencies, federal agencies, and nonprofit organizations in
3333 ensuring the reservation of lands for parks, recreation, fish
3334 and wildlife habitat, historical preservation, or scientific
3335 study. If any local government, state agency, federal agency, or
3336 nonprofit organization is unable, due to limited financial
3337 resources or other circumstances of a temporary nature, to
3338 acquire a site for the purposes described in this paragraph, the
3339 trust may acquire and hold the site for subsequent conveyance to
3340 the appropriate governmental agency or nonprofit organization.
3341 The trust may provide such technical assistance as required to
3342 aid local governments, state and federal agencies, and nonprofit
3343 organizations in completing acquisition and related functions.
3344 The trust may not reserve lands acquired in accordance with this
3345 paragraph for more than 5 years from the time of acquisition. A
3346 local government, federal or state agency, or nonprofit
3347 organization may acquire the land at any time during this period
3348 for public purposes. The purchase price shall be based upon the
3349 trust’s cost of acquisition, plus administrative and management
3350 costs in reserving the land. The payment of the purchase price
3351 shall be by money, trust-approved property of an equivalent
3352 value, or a combination of money and trust-approved property.
3353 If, after the 5-year period, the trust has not sold to a
3354 governmental agency or nonprofit organization land acquired for
3355 site reservation, the trust shall dispose of such land at fair
3356 market value or shall trade it for other land of comparable
3357 value which will serve to accomplish the purposes of this part.
3358 Any proceeds from the sale of such land received by the
3359 department shall be deposited into the appropriate trust fund
3360 pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
3361
3362 Project costs may include costs of providing parks, open space,
3363 public access sites, scenic easements, and other areas and
3364 facilities serving the public where such features are part of a
3365 project plan approved according to this part. In undertaking or
3366 coordinating projects or activities authorized by this part, the
3367 trust shall, when appropriate, use and promote the use of
3368 creative land acquisition methods, including the acquisition of
3369 less than fee interest through, among other methods,
3370 conservation easements, transfer of development rights, leases,
3371 and leaseback arrangements. The trust shall assist local
3372 governments in the use of sound alternative methods of financing
3373 for funding projects and activities authorized under this part.
3374 Any funds over and above eligible project costs, which remain
3375 after completion of a project approved according to this part,
3376 shall be transmitted to the state and deposited into the Florida
3377 Forever Trust Fund.
3378 Section 40. Section 589.07, Florida Statutes, is amended to
3379 read:
3380 589.07 Florida Forest Service may acquire lands for forest
3381 purposes.—The Florida Forest Service, on behalf of the state and
3382 subject to the restrictions mentioned in s. 589.08, may acquire
3383 lands, suitable for state forest purposes, by gift, donation,
3384 contribution, purchase, or otherwise and may enter into
3385 agreements with the Federal Government, or other agency, for
3386 acquiring by gift, purchase, or otherwise, such lands as are, in
3387 the judgment of the Florida Forest Service, suitable and
3388 desirable for state forests. The acquisition procedures for
3389 state lands provided in s. 253.025 259.041 do not apply to
3390 acquisition of land by the Florida Forest Service.
3391 Section 41. Paragraphs (a) and (b) of subsection (4) of
3392 section 944.10, Florida Statutes, are amended to read:
3393 944.10 Department of Corrections to provide buildings; sale
3394 and purchase of land; contracts to provide services and inmate
3395 labor.—
3396 (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
3397 the department finds it to be necessary for timely site
3398 acquisition, it may contract without the need for competitive
3399 selection with one or more appraisers whose names are contained
3400 on the list of approved appraisers maintained by the Division of
3401 State Lands of the Department of Environmental Protection in
3402 accordance with s. 253.025(8) 253.025(6)(b). In those instances
3403 in which the department directly contracts for appraisal
3404 services, it must also contract with an approved appraiser who
3405 is not employed by the same appraisal firm for review services.
3406 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3407 department may negotiate and enter into an option contract
3408 before an appraisal is obtained. The option contract must state
3409 that the final purchase price cannot exceed the maximum value
3410 allowed by law. The consideration for such an option contract
3411 may not exceed 10 percent of the estimate obtained by the
3412 department or 10 percent of the value of the parcel, whichever
3413 amount is greater.
3414 Section 42. Subsections (6) and (7) of section 957.04,
3415 Florida Statutes, are amended to read:
3416 957.04 Contract requirements.—
3417 (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
3418 Trustees of the Internal Improvement Trust Fund need not approve
3419 a lease-purchase agreement negotiated by the Department of
3420 Management Services if the Department of Management Services
3421 finds that there is a need to expedite the lease-purchase.
3422 (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
3423 the Department of Management Services finds it to be in the best
3424 interest of timely site acquisition, it may contract without the
3425 need for competitive selection with one or more appraisers whose
3426 names are contained on the list of approved appraisers
3427 maintained by the Division of State Lands of the Department of
3428 Environmental Protection in accordance with s. 253.025(8)
3429 253.025(6)(b). In those instances when the Department of
3430 Management Services directly contracts for appraisal services,
3431 it shall also contract with an approved appraiser who is not
3432 employed by the same appraisal firm for review services.
3433 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3434 Department of Management Services may negotiate and enter into
3435 lease-purchase agreements before an appraisal is obtained. Any
3436 such agreement must state that the final purchase price cannot
3437 exceed the maximum value allowed by law.
3438 Section 43. Paragraphs (a) and (b) of subsection (12) of
3439 section 985.682, Florida Statutes, are amended to read:
3440 985.682 Siting of facilities; criteria.—
3441 (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
3442 department finds it necessary for timely site acquisition, it
3443 may contract, without using the competitive selection procedure,
3444 with an appraiser whose name is on the list of approved
3445 appraisers maintained by the Division of State Lands of the
3446 Department of Environmental Protection under s. 253.025(8)
3447 253.025(6)(b). When the department directly contracts for
3448 appraisal services, it must contract with an approved appraiser
3449 who is not employed by the same appraisal firm for review
3450 services.
3451 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3452 department may negotiate and enter into an option contract
3453 before an appraisal is obtained. The option contract must state
3454 that the final purchase price may not exceed the maximum value
3455 allowed by law. The consideration for such an option contract
3456 may not exceed 10 percent of the estimate obtained by the
3457 department or 10 percent of the value of the parcel, whichever
3458 amount is greater.
3459 Section 44. Paragraph (b) of subsection (1) of section
3460 1013.14, Florida Statutes, is amended to read:
3461 1013.14 Proposed purchase of real property by a board;
3462 confidentiality of records; procedure.—
3463 (1)
3464 (b) Before Prior to acquisition of the property, the board
3465 shall obtain at least one appraisal by an appraiser approved
3466 pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
3467 amount greater than $100,000 and not more than $500,000. For
3468 each purchase in an amount in excess of $500,000, the board
3469 shall obtain at least two appraisals by appraisers approved
3470 pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
3471 purchase price exceeds the average appraised value, the board is
3472 required to approve the purchase by an extraordinary vote.
3473 Section 45. This act shall take effect July 1, 2016.