Florida Senate - 2016 CS for SB 1290
By the Committee on Appropriations; and Senator Simpson
576-04852-16 20161290c1
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; revising the minimum survey standards
20 incorporated by reference for conducting certified
21 surveys; authorizing the disclosure of confidential
22 appraisal reports under certain conditions; providing
23 for public agencies and nonprofit organizations to
24 enter into written agreements with the Department of
25 Environmental Protection, rather than the Division of
26 State Lands, to purchase and hold property for
27 subsequent resale to the board, rather than the
28 division; revising the definition of the term
29 “nonprofit organization”; directing the board to adopt
30 by rule the method for determining the value of
31 parcels sought to be acquired by state agencies;
32 providing requirements for such acquisitions;
33 expanding the scope of real estate acquisition
34 services for which the board and state agencies may
35 contract; authorizing the Department of Environmental
36 Protection to use outside counsel to review any
37 agreements or documents or to perform acquisition
38 closings under certain conditions; requiring state
39 agencies to furnish the Department of Environmental
40 Protection rather than the Division of State Lands
41 with specified acquisition documents; providing that
42 the purchase price of certain parcels is not subject
43 to an increase or a decrease as a result of certain
44 circumstances; authorizing the board of trustees to
45 direct the Department of Environmental Protection to
46 exercise eminent domain for the acquisition of certain
47 conservation parcels under certain circumstances;
48 authorizing the department to exercise condemnation
49 authority directly or by contracting with the
50 Department of Transportation or a water management
51 district to provide such service; authorizing the
52 board of trustees to direct the Department of
53 Environmental Protection to purchase lands on an
54 immediate basis using specified funds; authorizing the
55 board of trustees to waive or modify all procedures
56 required for such land acquisition; providing that
57 title to certain lands held jointly by the board of
58 trustees and a water management district meet the
59 standards necessary for ownership by the board;
60 creating s. 253.0251, F.S.; providing for the use of
61 alternatives to fee simple acquisition for land
62 purchases by the Department of Environmental
63 Protection, the Department of Agriculture and Consumer
64 Services, and water management districts; amending s.
65 253.03, F.S.; deleting provisions directing the board
66 of trustees to adopt by rule an annual administrative
67 fee for certain leases and similar instruments;
68 revising the criteria by which specified structures
69 have the right to continue submerged land leases;
70 directing the board of trustees to adopt by rule an
71 annual administrative fee for certain leases and
72 instruments; authorizing nonwater-dependent uses for
73 submerged lands; amending s. 253.031, F.S.; providing
74 for the Department of Environmental Protection to
75 maintain documents concerning all state lands;
76 deleting an obsolete provision; amending s. 253.034,
77 F.S.; authorizing the department to submit certain
78 state-owned lands to the Acquisition and Restoration
79 Council or board of trustees for review and
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, the
89 Commissioner of Agriculture, or the executive director
90 of the Fish and Wildlife Conservation Commission or
91 their designees are required to submit land management
92 plans to the board of trustees; requiring that updated
93 land management plans identify conservation lands that
94 are no longer needed for conservation purposes;
95 deleting provisions directing the board of trustees to
96 make certain determinations regarding the surplus and
97 disposition of state lands; deleting provisions
98 requiring that buildings and parcels of land be
99 offered for lease to state agencies, state
100 universities, and Florida College System institutions
101 before being offered for lease or sale to a local or
102 federal unit of government or a private party;
103 amending s. 253.0341, F.S.; deleting provisions
104 authorizing counties and local governments to submit
105 requests for the surplus of state-owned lands and
106 requiring that such requests be expedited; directing
107 the board of trustees to make certain determinations
108 regarding the surplus and disposition of state lands;
109 providing that lands acquired before a certain date
110 using specified proceeds are deemed to have been
111 acquired for conservation purposes; providing that
112 certain lands used by the Department of Corrections,
113 the Department of Management Services, and the
114 Department of Transportation may not be designated as
115 lands acquired for conservation purposes; requiring
116 updated land management plans to identify conservation
117 and nonconservation lands that are no longer used for
118 the purposes for which they were originally leased and
119 that could be disposed of; deleting an obsolete
120 provision; requiring that facilities and
121 nonconservation parcels of land be offered for lease
122 to state agencies before being offered for lease to a
123 local or federal unit of government, state university,
124 Florida College System institution, or private party;
125 providing for the valuation and disposition of surplus
126 lands; providing for the deposit of proceeds from the
127 sale of such lands; authorizing the board of trustees
128 to adopt rules; requiring surplus lands conveyed to a
129 local government for affordable housing to be disposed
130 of by the local government; amending s. 253.111, F.S.;
131 deleting provisions requiring the board of trustees to
132 afford an opportunity to local governments to purchase
133 certain state-owned lands; revising provisions
134 relating to the rights of riparian owners to secure
135 certain state-owned lands; amending s. 253.42, F.S.;
136 authorizing individuals or entities to submit requests
137 to the Division of State Lands to exchange state-owned
138 land for privately held land; requiring the state to
139 retain permanent conservation easements over the
140 state-owned land and all or a portion of the privately
141 held land; requiring the division, under certain
142 circumstances, to submit requests to the Acquisition
143 and Restoration Council for review and recommendation
144 and to the board of trustees with recommendations from
145 the division and the council; providing applicability;
146 directing the board of trustees to consider a request
147 if certain conditions are met; providing special
148 consideration for certain requests; providing that
149 such lands are subject to inspection; amending s.
150 253.782, F.S.; deleting a provision directing the
151 Department of Environmental Protection to retain
152 ownership of and maintain lands or interests in land
153 owned by the board of trustees; amending s. 253.7821,
154 F.S.; assigning the Cross Florida Greenways State
155 Recreation and Conservation Area to the Department of
156 Environmental Protection rather than the Office of
157 Greenways Management within the Office of the
158 Secretary; creating s. 253.87, F.S.; directing the
159 Department of Environmental Protection to include
160 certain county, municipal, state, and federal lands in
161 the Florida State-Owned Lands and Records Information
162 System (FL-SOLARIS) database and to update the
163 database at specified intervals; requiring counties,
164 municipalities, and financially disadvantaged small
165 communities to submit a list of certain lands to the
166 department by a specified date and at specified
167 intervals; directing the department to conduct a study
168 and submit a report to the Governor and the
169 Legislature on the technical and economic feasibility
170 of including certain lands in the database or a
171 similar public lands inventory; amending s. 259.01,
172 F.S.; renaming the “Land Conservation Act of 1972” as
173 the “Land Conservation Program”; repealing s. 259.02,
174 F.S., relating to issuance of state bonds for certain
175 land projects; amending s. 259.032, F.S.; conforming
176 cross-references; revising provisions relating to the
177 management of conservation and recreation lands to
178 conform with changes made by the act; revising duties
179 of the Acquisition and Restoration Council; amending
180 s. 259.035, F.S.; requiring recipients of funds from
181 the Land Acquisition Trust Fund to annually report
182 certain performance measures to the Department of
183 Environmental Protection rather than the Division of
184 State Lands; amending s. 259.036, F.S.; revising the
185 composition of the regional land management review
186 team; providing for the Department of Environmental
187 Protection rather than the Division of State Lands to
188 act as the review team coordinator; revising
189 requirements for conservation and recreation land
190 management reviews and plans; amending s. 259.037,
191 F.S.; removing the director of the Office of Greenways
192 and Trails from the Land Management Uniform Accounting
193 Council; repealing s. 259.041(1)-(6) and (8)-(19),
194 F.S., relating to the acquisition of state-owned lands
195 for preservation, conservation, and recreation
196 purposes; amending s. 259.047, F.S.; revising
197 provisions relating to the acquisition of land on
198 which an agricultural lease exists to conform with
199 changes made by the act; amending s. 259.101, F.S.;
200 conforming cross-references; revising provisions
201 relating to alternate use of lands acquired under the
202 Florida Preservation 2000 Act to conform with changes
203 made by the act; deleting provisions for alternatives
204 to fee simple acquisition of such lands to conform
205 with changes made by the act; amending s. 259.105,
206 F.S.; deleting provisions requiring the advancement of
207 certain goals and objectives of imperiled species
208 management on state lands to conform with changes made
209 by the act; conforming cross-references; revising
210 provisions directing the Acquisition and Restoration
211 Council to give increased priority to certain projects
212 when developing proposed rules relating to Florida
213 Forever funding and additions to the Conservation and
214 Recreation Lands list; deleting provisions requiring
215 that such rules be submitted to the Legislature for
216 review; amending s. 259.1052, F.S.; deleting
217 provisions authorizing the Department of Environmental
218 Protection to distribute revenues from the Florida
219 Forever Trust Fund for the acquisition of a portion of
220 Babcock Crescent B Ranch; creating s. 570.715, F.S.,
221 and transferring, renumbering, and amending s.
222 259.04(7), F.S.; providing procedures for the
223 acquisition of conservation easements by the
224 Department of Agriculture and Consumer Services;
225 amending s. 373.089, F.S.; extending the timeframe
226 within which a certified appraisal may be obtained for
227 parcels of land to be sold as surplus; providing an
228 additional exception to the requirement that the
229 governing board first offer title to certain lands;
230 revising the procedures a water management district
231 must follow for publishing a notice of intention to
232 sell surplus lands; providing an exception from such
233 notice requirements if a parcel of land is valued
234 below a certain threshold; authorizing such parcels to
235 be sold directly to the highest bidder; amending ss.
236 73.015, 125.355, 166.045, 215.82, 215.965, 253.027,
237 253.7824, 260.015, 260.016, 369.317, 373.139, 375.031,
238 375.041, 380.05, 380.055, 380.508, 589.07, 944.10,
239 957.04, 985.682, and 1013.14, F.S.; conforming cross
240 references; providing an appropriation and authorizing
241 positions; providing an effective date.
242
243 Be It Enacted by the Legislature of the State of Florida:
244
245 Section 1. Section 253.025, Florida Statutes, is amended to
246 read:
247 253.025 Acquisition of state lands for purposes other than
248 preservation, conservation, and recreation.—
249 (1)(a) Neither The Board of Trustees of the Internal
250 Improvement Trust Fund or nor its duly authorized agent may not
251 shall commit the state, through any instrument of negotiated
252 contract or agreement for purchase, to the purchase of lands
253 with or without appurtenances unless the provisions of this
254 section has have been fully complied with.
255 (b) Except for the requirements of subsections (4), (11),
256 and (22), if the public’s interest is reasonably protected, the
257 board of trustees may:
258 1. Waive any requirements of this section.
259 2. Waive any rules adopted pursuant to this section,
260 notwithstanding chapter 120.
261 3. Substitute other reasonably prudent procedures.
262 (c) However, The board of trustees may also substitute
263 federally mandated acquisition procedures for the provisions of
264 this section if when federal funds are available and will be
265 used utilized for the purchase of lands, title to which will
266 vest in the board of trustees, and qualification for such
267 federal funds requires compliance with federally mandated
268 acquisition procedures.
269 (d) Notwithstanding any provisions in this section to the
270 contrary, if lands are being acquired by the board of trustees
271 for the anticipated sale, conveyance, or transfer to the Federal
272 Government pursuant to a joint state and federal acquisition
273 project, the board of trustees may use appraisals obtained by
274 the Federal Government in the acquisition of such lands. The
275 board of trustees may waive any provision of this section when
276 land is being conveyed from a state agency to the board.
277 (e) The title to lands acquired pursuant to this section
278 shall vest in the board of trustees pursuant to s. 253.03(1)
279 unless otherwise provided by law, and all such titled lands
280 shall be administered pursuant to s. 253.03.
281 (2) Before Prior to any state agency initiates initiating
282 any land acquisition, except for as pertains to the purchase of
283 property for transportation facilities and transportation
284 corridors and property for borrow pits for road building
285 purposes, the agency shall coordinate with the Division of State
286 Lands to determine the availability of existing, suitable state
287 owned lands in the area and the public purpose for which the
288 acquisition is being proposed. If the state agency determines
289 that no suitable state-owned lands exist, the state agency may
290 proceed to acquire such lands by employing all available
291 statutory authority for acquisition.
292 (3) The board of trustees is authorized to adopt rules to
293 implement this section, including rules governing the terms and
294 conditions of land purchases. The rules shall address, with
295 specificity, but need not be limited to:
296 (a) The procedures to be followed in the acquisition
297 process, including selection of appraisers, surveyors, title
298 agents, and closing agents, and the content of appraisal
299 reports.
300 (b) The determination of the value of parcels which the
301 state has an interest in acquiring.
302 (c) Special requirements when multiple landowners are
303 involved in an acquisition.
304 (d) Requirements for obtaining written option agreements so
305 that the interests of the state are fully protected.
306 (4) An agreement to acquire real property for the purposes
307 described in this chapter, chapter 259, chapter 260, or chapter
308 375, title to which will vest in the board of trustees, may not
309 bind the state before the agreement is reviewed and approved by
310 the Department of Environmental Protection as complying with
311 this section and any rules adopted pursuant to this section. If
312 any of the following conditions exist, the agreement shall be
313 submitted to and approved by the board of trustees:
314 (a) The purchase price agreed to by the seller exceeds the
315 value as established pursuant to the rules of the board of
316 trustees;
317 (b) The contract price agreed to by the seller and the
318 acquiring agency exceeds $1 million;
319 (c) The acquisition is the initial purchase in a Florida
320 Forever project; or
321 (d) Other conditions that the board of trustees may adopt
322 by rule. Such conditions may include, but are not limited to,
323 Florida Forever projects when title to the property being
324 acquired is considered nonmarketable or is encumbered in such a
325 way as to significantly affect its management.
326
327 If approval of the board of trustees is required pursuant to
328 this subsection, the acquiring agency must provide a
329 justification as to why it is in the public’s interest to
330 acquire the parcel or Florida Forever project. Approval of the
331 board of trustees is also required for Florida Forever projects
332 the department recommends acquiring pursuant to subsections (11)
333 and (22). Review and approval of agreements for acquisitions for
334 Florida Greenways and Trails Program properties pursuant to
335 chapter 260 may be waived by the department in any contract with
336 nonprofit corporations that have agreed to assist the department
337 with this program. If the contribution of the acquiring agency
338 exceeds $100 million in any one fiscal year, the agreement shall
339 be submitted to and approved by the Legislative Budget
340 Commission.
341 (5)(3) Land acquisition procedures provided for in this
342 section are for voluntary, negotiated acquisitions.
343 (6)(4) For the purposes of this section, the term
344 “negotiations” does not include preliminary contacts with the
345 property owner to determine the availability of the property,
346 existing appraisal data, existing abstracts, and surveys.
347 (7)(5) Evidence of marketable title shall be provided by
348 the landowner before prior to the conveyance of title, as
349 provided in the final agreement for purchase. Such evidence of
350 marketability shall be in the form of title insurance or an
351 abstract of title with a title opinion. The board of trustees
352 may waive the requirement that the landowner provide evidence of
353 marketable title, and, in such case, the acquiring agency shall
354 provide evidence of marketable title. The board of trustees or
355 its designee may waive the requirement of evidence of
356 marketability for acquisitions of property assessed by the
357 county property appraiser at $10,000 or less, if where the
358 Division of State Lands finds, based upon such review of the
359 title records as is reasonable under the circumstances, that
360 there is no apparent impediment to marketability, or to
361 management of the property by the state.
362 (8)(6) Before approval by the board of trustees, or, when
363 applicable, the Department of Environmental Protection, of any
364 agreement to purchase land pursuant to this chapter, chapter
365 259, chapter 260, or chapter 375, and before Prior to
366 negotiations with the parcel owner to purchase any other land
367 pursuant to this section, title to which will vest in the board
368 of trustees, an appraisal of the parcel shall be required as
369 follows:
370 (a) The board of trustees shall adopt by rule the method
371 for determining the value of parcels sought to be acquired by
372 state agencies pursuant to this section.
373 (b)(a) Each parcel to be acquired shall have at least one
374 appraisal. Two appraisals are required when the estimated value
375 of the parcel exceeds $1 million. However, if both appraisals
376 exceed $1 million and differ significantly, a third appraisal
377 may be obtained. If When a parcel is estimated to be worth
378 $100,000 or less and the director of the Division of State Lands
379 finds that the cost of an outside appraisal is not justified, a
380 comparable sales analysis, an appraisal prepared by the
381 division, or other reasonably prudent procedures may be used by
382 the division to estimate the value of the parcel, provided the
383 public’s interest is reasonably protected. The state is not
384 required to appraise the value of lands and appurtenances that
385 are being donated to the state.
386 (c)(b) Appraisal fees and associated costs shall be paid by
387 the agency proposing the acquisition. The board of trustees
388 shall approve qualified fee appraisal organizations. All
389 appraisals used for the acquisition of lands pursuant to this
390 section shall be prepared by a member of an approved appraisal
391 organization or by a state-certified appraiser. The board of
392 trustees shall adopt rules for selecting individuals to perform
393 appraisals pursuant to this section. Each fee appraiser selected
394 to appraise a particular parcel shall, before prior to
395 contracting with the agency or a participant in a multiparty
396 agreement, submit to the that agency an affidavit substantiating
397 that he or she has no vested or fiduciary interest in such
398 parcel.
399 (d) The fee appraiser and the review appraiser for the
400 agency may not act in any manner that may be construed as
401 negotiating with the owner of a parcel proposed for acquisition.
402 (e)(c) The board of trustees shall adopt by rule the
403 minimum criteria, techniques, and methods to be used in the
404 preparation of appraisal reports. Such rules shall incorporate,
405 to the extent practicable, generally accepted appraisal
406 standards. Any appraisal issued for acquisition of lands
407 pursuant to this section must comply with the rules adopted by
408 the board of trustees. A certified survey must be made which
409 meets the minimum requirements for upland parcels established in
410 the Minimum Technical Standards of Practice for Land Surveying
411 in Florida published by the Department of Agriculture and
412 Consumer Services Business and Professional Regulation and which
413 accurately portrays, to the greatest extent practicable, the
414 condition of the parcel as it currently exists. The requirement
415 for a certified survey may, in part or in whole, be waived by
416 the board of trustees any time before prior to submitting the
417 agreement for purchase to the Division of State Lands. When an
418 existing boundary map and description of a parcel are determined
419 by the division to be sufficient for appraisal purposes, the
420 division director may temporarily waive the requirement for a
421 survey until any time before prior to conveyance of title to the
422 parcel. The fee appraiser and the review appraiser for the
423 agency shall not act in any way that may be construed as
424 negotiating with the property owner.
425 (f)(d) Appraisal reports are confidential and exempt from
426 the provisions of s. 119.07(1), for use by the agency and the
427 board of trustees, until an option contract is executed or, if
428 no option contract is executed, until 2 weeks before a contract
429 or agreement for purchase is considered for approval by the
430 board of trustees. The Department of Environmental Protection
431 may disclose appraisal reports to private landowners during
432 negotiations for acquisitions using alternatives to fee simple
433 techniques, if the department determines that disclosure of such
434 reports will bring the proposed acquisition to closure. However,
435 the private landowner must agree to maintain the confidentiality
436 of the reports or information. However, The department Division
437 of State Lands may also disclose appraisal information to public
438 agencies or nonprofit organizations that agree to maintain the
439 confidentiality of the reports or information when joint
440 acquisition of property is contemplated, or when a public agency
441 or nonprofit organization enters into a written agreement with
442 the department division to purchase and hold property for
443 subsequent resale to the board of trustees division. In
444 addition, the department division may use, as its own,
445 appraisals obtained by a public agency or nonprofit
446 organization, if provided the appraiser is selected from the
447 department’s division’s list of appraisers and the appraisal is
448 reviewed and approved by the department division. For the
449 purposes of this paragraph, the term “nonprofit organization”
450 means an organization that whose purpose is the preservation of
451 natural resources, and which is exempt from federal income tax
452 under s. 501(c)(3) of the Internal Revenue Code and, for
453 purposes of the acquisition of conservation lands, an
454 organization whose purpose must include the preservation of
455 natural resources. The agency may release an appraisal report
456 when the passage of time has rendered the conclusions of value
457 in the report invalid or when the acquiring agency has
458 terminated negotiations.
459 (g)(e) Before Prior to acceptance of an appraisal, the
460 agency shall submit a copy of such report to the division of
461 State Lands. The division shall review such report for
462 compliance with the rules of the board of trustees. Any
463 questions of applicability of laws affecting an appraisal shall
464 be addressed by the legal office of the agency.
465 (h)(f) The appraisal report shall be accompanied by the
466 sales history of the parcel for at least the previous prior 5
467 years. Such sales history shall include all parties and
468 considerations with the amount of consideration verified, if
469 possible. If a sales history would not be useful, or it is its
470 cost prohibitive compared to the value of a parcel, the sales
471 history may be waived by the board of trustees. The board of
472 trustees shall adopt a rule specifying guidelines for waiver of
473 a sales history.
474 (i)(g) The board of trustees may consider an appraisal
475 acquired by a seller, or any part thereof, in negotiating to
476 purchase a parcel, but such appraisal may not be used in lieu of
477 an appraisal required by this subsection or to determine the
478 maximum offer allowed by law.
479 (j)1. The board of trustees shall adopt by rule the method
480 for determining the value of parcels sought to be acquired by
481 state agencies pursuant to this section. An offer by a state
482 agency may not exceed the value for that parcel as determined
483 pursuant to the highest approved appraisal or the value
484 determined pursuant to the rules of the board of trustees,
485 whichever value is less.
486 2. For a joint acquisition by a state agency and a local
487 government or other entity apart from the state, the joint
488 purchase price may not exceed 150 percent of the value for a
489 parcel as determined in accordance with the limits in
490 subparagraph 1. The state agency share of a joint purchase offer
491 may not exceed what the agency may offer singly pursuant to
492 subparagraph 1.
493 3. This paragraph does not apply to the acquisition of
494 historically unique or significant property as determined by the
495 Division of Historical Resources of the Department of State.
496
497 Notwithstanding this subsection, on behalf of the board of
498 trustees and before the appraisal of parcels approved for
499 purchase under this chapter or chapter 259, the Secretary of
500 Environmental Protection or the director of the Division of
501 State Lands may enter into option contracts to buy such parcels.
502 Any such option contract shall state that the final purchase
503 price is subject to approval by the board of trustees or, if
504 applicable, the Secretary of Environmental Protection, and that
505 the final purchase price may not exceed the maximum offer
506 allowed by law. Any such option contract presented to the board
507 of trustees for final purchase price approval shall explicitly
508 state that payment of the final purchase price is subject to an
509 appropriation from the Legislature. The consideration for such
510 an option may not exceed $1,000 or 0.01 percent of the estimate
511 by the department of the value of the parcel, whichever amount
512 is greater.
513 (9)(7)(a) When the owner is represented by an agent or
514 broker, negotiations may not be initiated or continued until a
515 written statement verifying such agent’s or broker’s legal or
516 fiduciary relationship with the owner is on file with the
517 agency.
518 (b) The board of trustees or any state agency may contract
519 for real estate acquisition services, including, but not limited
520 to, contracts for real estate commission fees, surveying,
521 mapping, environmental audits, title work, and legal and other
522 professional assistance to review acquisition agreements and
523 other documents and to perform acquisition closings. However,
524 the Department of Environmental Protection may use outside
525 counsel to review any agreements or documents or to perform
526 acquisition closings unless department staff can conduct the
527 same activity in 15 days or less.
528 (c) Upon the initiation of negotiations, the state agency
529 shall inform the owner in writing that all agreements for
530 purchase are subject to approval by the board of trustees.
531 (d) All offers or counteroffers shall be documented in
532 writing and shall be confidential and exempt from the provisions
533 of s. 119.07(1) until an option contract is executed, or if no
534 option contract is executed, until 2 weeks before a contract or
535 agreement for purchase is considered for approval by the board
536 of trustees. The agency shall maintain complete and accurate
537 records of all offers and counteroffers for all projects.
538 (e)1. The board of trustees shall adopt by rule the method
539 for determining the value of parcels sought to be acquired by
540 state agencies pursuant to this section. No offer by a state
541 agency, except an offer by an agency acquiring lands pursuant to
542 s. 259.041, may exceed the value for that parcel as determined
543 pursuant to the highest approved appraisal or the value
544 determined pursuant to the rules of the board of trustees,
545 whichever value is less.
546 2. In the case of a joint acquisition by a state agency and
547 a local government or other entity apart from the state, the
548 joint purchase price may not exceed 150 percent of the value for
549 a parcel as determined in accordance with the limits prescribed
550 in subparagraph 1. The state agency share of a joint purchase
551 offer may not exceed what the agency may offer singly as
552 prescribed by subparagraph 1.
553 3. The provisions of this paragraph do not apply to the
554 acquisition of historically unique or significant property as
555 determined by the Division of Historical Resources of the
556 Department of State.
557 (e)(f) When making an offer to a landowner, a state agency
558 shall consider the desirability of a single cash payment in
559 relation to the maximum offer allowed by law.
560 (f)(g) The state shall have the authority to reimburse the
561 owner for the cost of the survey when deemed appropriate. The
562 reimbursement is shall not be considered a part of the purchase
563 price.
564 (g)(h) A final offer shall be in the form of an option
565 contract or agreement for purchase and shall be signed and
566 attested to by the owner and the representative of the agency.
567 Before the agency executes the option contract or agreement for
568 purchase, the contract or agreement shall be reviewed for form
569 and legality by legal staff of the agency. Before the agency
570 signs the agreement for purchase or exercises the option
571 contract, the provisions of s. 286.23 shall be complied with.
572 Within 10 days after the signing of the agreement for purchase,
573 the state agency shall furnish the Department of Environmental
574 Protection Division of State Lands with the original of the
575 agreement for purchase along with copies of the disclosure
576 notice, evidence of marketability, the accepted appraisal
577 report, the fee appraiser’s affidavit, a statement that the
578 inventory of existing state-owned lands was examined and
579 contained no available suitable land in the area, and a
580 statement outlining the public purpose for which the acquisition
581 is being made and the statutory authority therefor.
582 (h)(i) Within 45 days after of receipt by the Department of
583 Environmental Protection Division of State Lands of the
584 agreement for purchase and the required documentation, the board
585 of trustees or, if when the purchase price does not exceed
586 $100,000, its designee shall either reject or approve the
587 agreement. An approved agreement for purchase is binding on both
588 parties. Any agreement which has been disapproved shall be
589 returned to the agency, along with a statement as to the
590 deficiencies of the agreement or the supporting documentation.
591 An agreement for purchase which has been disapproved by the
592 board of trustees may be resubmitted when such deficiencies have
593 been corrected.
594 (10)(8)(a) A No dedication, gift, grant, or bequest of
595 lands and appurtenances may not be accepted by the board of
596 trustees until the receiving state agency supplies sufficient
597 evidence of marketability of title. The board of trustees may
598 not accept by dedication, gift, grant, or bequest any lands and
599 appurtenances that are determined as being owned by the state
600 either in fee or by virtue of the state’s sovereignty or which
601 are so encumbered so as to preclude the use of such lands and
602 appurtenances for any reasonable public purpose. The board of
603 trustees may accept a dedication, gift, grant, or bequest of
604 lands and appurtenances without formal evidence of
605 marketability, or when the title is nonmarketable, if the board
606 or its designee determines that such lands and appurtenances
607 have value and are reasonably manageable by the state, and that
608 their acceptance would serve the public interest. The state is
609 not required to appraise the value of such donated lands and
610 appurtenances as a condition of receipt.
611 (b) A No deed filed in the public records to donate lands
612 to the board of trustees does not of the Internal Improvement
613 Trust Fund shall be construed to transfer title to or vest title
614 in the board of trustees unless there shall also be filed in the
615 public records, a document indicating that the board of trustees
616 has agreed to accept the transfer of title to such donated lands
617 is also filed in the public records.
618 (c) Notwithstanding any other provision of law, the maximum
619 value of a parcel to be purchased by the board of trustees as
620 determined by the highest approved appraisal or as determined
621 pursuant to the rules of the board of trustees may not be
622 increased or decreased as a result of a change in zoning or
623 permitted land uses, or changes in market forces or prices that
624 occur within 1 year after the date the Department of
625 Environmental Protection or the board of trustees approves a
626 contract to purchase the parcel.
627 (11) Notwithstanding this section, the board of trustees,
628 by an affirmative vote of at least three members, voting at a
629 regularly scheduled and advertised meeting, may direct the
630 Department of Environmental Protection to exercise the power of
631 eminent domain pursuant to chapters 73 and 74 to acquire any
632 conservation parcel identified on the acquisition list
633 established by the Acquisition and Restoration Council and
634 approved by the board of trustees pursuant to chapter 259.
635 However, the board of trustees may only make such a vote under
636 the following circumstances:
637 (a) The state has made at least two bona fide offers to
638 purchase the land through negotiation and, notwithstanding those
639 offers, an impasse between the state and the landowner was
640 reached.
641 (b) The land is of special importance to the state because
642 of one or more of the following reasons:
643 1. It involves an endangered or natural resource and is in
644 imminent danger of development.
645 2. It is of unique value to the state and the failure to
646 acquire it will result in irreparable loss to the state.
647 3. The failure of the state to acquire it will seriously
648 impair the state’s ability to manage or protect other state
649 owned lands.
650
651 Pursuant to this subsection, the department may exercise
652 condemnation authority directly or by contracting with the
653 Department of Transportation or a water management district to
654 provide that service. If the Department of Transportation or a
655 water management district enters into such a contract with the
656 department, the Department of Transportation or a water
657 management district may use statutorily approved methods and
658 procedures ordinarily used by the agency for condemnation
659 purposes.
660 (12)(9) Any conveyance to the board of trustees of fee
661 title shall be made by no less than a special warranty deed,
662 unless the conveyance is from the Federal Government, the county
663 government, or another state agency or, in the event of a gift
664 or donation by quitclaim deed, if the board of trustees, or its
665 designee, determines that the acceptance of such quitclaim deed
666 is in the best interest of the public. A quitclaim deed may also
667 be accepted to aid in clearing title or boundary questions. The
668 title to lands acquired pursuant to this section shall vest in
669 the board of trustees as provided in s. 253.03(1). All such
670 lands, title to which is vested in the board pursuant to this
671 section, shall be administered pursuant to the provisions of s.
672 253.03.
673 (13)(10) The board of trustees may purchase tax
674 certificates or tax deeds issued in accordance with chapter 197
675 relating to property eligible for purchase under this section.
676 (14)(11) The Auditor General shall conduct audits of
677 acquisitions and divestitures which, according to his or her
678 preliminary assessments of board-approved acquisitions and
679 divestitures, he or she deems necessary. These preliminary
680 assessments shall be initiated not later than 60 days after
681 following the board of trustees’ final approval by the board of
682 land acquisitions under this section. If an audit is conducted,
683 the Auditor General shall submit an audit report to the board of
684 trustees, the President of the Senate, the Speaker of the House
685 of Representatives, and their designees.
686 (15)(12) The board of trustees and all affected agencies
687 shall adopt and may modify or repeal such rules and regulations
688 as are necessary to carry out the purposes of this section,
689 including rules governing the terms and conditions of land
690 purchases. Such rules shall address the procedures to be
691 followed, when multiple landowners are involved in an
692 acquisition, in obtaining written option agreements so that the
693 interests of the state are fully protected.
694 (16)(13)(a) The board of trustees of the Internal
695 Improvement Trust Fund may deed property to the Department of
696 Agriculture and Consumer Services, so that the Department of
697 Agriculture and Consumer Services is department shall be able to
698 sell, convey, transfer, exchange, trade, or purchase land on
699 which a forestry facility resides for money or other more
700 suitable property on which to relocate the facility. Any sale or
701 purchase of property by the Department of Agriculture and
702 Consumer Services shall follow the requirements of subsections
703 (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
704 value, and any trade shall ensure that the state is getting at
705 least an equal value for the property. Except as provided in
706 subsections (7)-(10) and (12) (5)-(9), the Department of
707 Agriculture and Consumer Services is excluded from following the
708 provisions of this chapter and chapters 259 and 375. This
709 exclusion does shall not apply to lands acquired for
710 conservation purposes in accordance with s. 253.0341(1) or (2)
711 253.034(6)(a) or (b).
712 (b) In the case of a sale by the Department of Agriculture
713 and Consumer Services of a forestry facility, the proceeds of
714 the sale shall be deposited go into the Department of
715 Agriculture and Consumer Services Incidental Trust Fund. The
716 Legislature may, at the request of the Department of Agriculture
717 and Consumer Services department, appropriate such money within
718 the trust fund to the Department of Agriculture and Consumer
719 Services department for purchase of land and construction of a
720 facility to replace the disposed facility. All proceeds other
721 than land from any sale, conveyance, exchange, trade, or
722 transfer conducted pursuant to as provided for in this
723 subsection shall be deposited into placed within the Department
724 of Agriculture and Consumer Services department’s Incidental
725 Trust Fund.
726 (c) Additional funds may be added from time to time by the
727 Legislature to further the relocation and construction of
728 forestry facilities. If In the instance where an equal trade of
729 land occurs, money from the trust fund may be appropriated for
730 building construction even though no money was received from the
731 trade.
732 (17)(14) Any agency that acquires land on behalf of the
733 board of trustees is authorized to request disbursement of
734 payments for real estate closings in accordance with a written
735 authorization from an ultimate beneficiary to allow a third
736 party authorized by law to receive such payment provided the
737 Chief Financial Officer determines that such disbursement is
738 consistent with good business practices and can be completed in
739 a manner minimizing costs and risks to the state.
740 (18)(15) Pursuant to s. 944.10, the Department of
741 Corrections is responsible for obtaining appraisals and entering
742 into option agreements and agreements for the purchase of state
743 correctional facility sites. An option agreement or agreement
744 for purchase is not binding upon the state until it is approved
745 by the board of trustees of the Internal Improvement Trust Fund.
746 The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
747 (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
748 to all appraisals, offers, and counteroffers of the Department
749 of Corrections for state correctional facility sites.
750 (19)(16) Many parcels of land acquired pursuant to this
751 section may contain cattle-dipping vats as defined in s.
752 376.301. The state is encouraged to continue with the
753 acquisition of such lands, including any the cattle-dipping vats
754 vat.
755 (20)(17) Pursuant to s. 985.682, the Department of Juvenile
756 Justice is responsible for obtaining appraisals and entering
757 into option agreements and agreements for the purchase of state
758 juvenile justice facility sites. An option agreement or
759 agreement for purchase is not binding upon the state until it is
760 approved by the board of trustees of the Internal Improvement
761 Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
762 and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
763 and (d) apply to all appraisals, offers, and counteroffers of
764 the Department of Juvenile Justice for state juvenile justice
765 facility sites.
766 (21)(18) The board of trustees may acquire, pursuant to s.
767 288.980(2)(b), nonconservation lands from the annual list
768 submitted by the Department of Economic Opportunity for the
769 purpose of buffering a military installation against
770 encroachment.
771 (22) The board of trustees, by an affirmative vote of at
772 least three members, may direct the department to purchase lands
773 on an immediate basis using up to 15 percent of the funds
774 allocated to the department pursuant to s. 259.105 for the
775 acquisition of lands that:
776 (a) Are listed or placed at auction by the Federal
777 Government as part of the Resolution Trust Corporation sale of
778 lands from failed savings and loan associations;
779 (b) Are listed or placed at auction by the Federal
780 Government as part of the Federal Deposit Insurance Corporation
781 sale of lands from failed banks; or
782 (c) Will be developed or otherwise lost to potential public
783 ownership, or for which federal matching funds will be lost, by
784 the time the land can be purchased under the program within
785 which the land is listed for acquisition.
786
787 For such acquisitions, the board of trustees may waive or modify
788 all procedures required for land acquisition pursuant to this
789 chapter and all competitive bid procedures required pursuant to
790 chapters 255 and 287. Lands acquired pursuant to this subsection
791 must, at the time of purchase, be on one of the acquisition
792 lists established pursuant to chapter 259, or be essential for
793 water resource development, protection, or restoration, or a
794 significant portion of the lands must contain natural
795 communities or plant or animal species that are listed by the
796 Florida Natural Areas Inventory as critically imperiled,
797 imperiled, or rare, or as excellent quality occurrences of
798 natural communities.
799 (23) Title to lands to be held jointly by the board of
800 trustees and a water management district and acquired pursuant
801 to s. 373.139 may be deemed to meet the standards necessary for
802 ownership by the board of trustees, notwithstanding this section
803 or related rules.
804 Section 2. Section 253.0251, Florida Statutes, is created
805 to read:
806 253.0251 Alternatives to fee simple acquisition.—
807 (1) The Legislature finds that:
808 (a) With the increasing pressures on the natural areas of
809 this state and on open space suitable for recreational use, the
810 state must develop creative techniques to maximize the use of
811 acquisition and management funds.
812 (b) The state’s conservation and recreational land
813 acquisition agencies should be encouraged to augment their
814 traditional, fee simple acquisition programs with the use of
815 alternatives to fee simple acquisition techniques. In addition,
816 the Legislature finds that generations of private landowners
817 have been good stewards of their land, protecting or restoring
818 native habitats and ecosystems to the benefit of the natural
819 resources of this state, its heritage, and its citizens. The
820 Legislature also finds that using alternatives to fee simple
821 acquisition by public land acquisition agencies will achieve the
822 following public policy goals:
823 1. Allow more lands to be brought under public protection
824 for preservation, conservation, and recreational purposes with
825 less expenditure of public funds.
826 2. Retain, on local government tax rolls, some portion of
827 or interest in lands which are under public protection.
828 3. Reduce long-term management costs by allowing private
829 property owners to continue acting as stewards of their land,
830 when appropriate.
831
832 Therefore, it is the intent of the Legislature that public land
833 acquisition agencies develop programs to pursue alternatives to
834 fee simple acquisition and to educate private landowners about
835 such alternatives and the benefits of such alternatives. It is
836 also the intent of the Legislature that a portion of the shares
837 of Florida Forever bond proceeds be used to purchase eligible
838 properties using alternatives to fee simple acquisition.
839 (2) All applications for alternatives to fee simple
840 acquisition projects shall identify, within their acquisition
841 plans, projects that require a full fee simple interest to
842 achieve the public policy goals, together with the reasons full
843 title is determined to be necessary. The state agencies and the
844 water management districts may use alternatives to fee simple
845 acquisition to bring the remaining projects in their acquisition
846 plans under public protection. For purposes of this section, the
847 phrase “alternatives to fee simple acquisition” includes, but is
848 not limited to, purchase of development rights; obtaining
849 conservation easements; obtaining flowage easements; purchase of
850 timber rights, mineral rights, or hunting rights; purchase of
851 agricultural interests or silvicultural interests; fee simple
852 acquisitions with reservations; creating life estates; or any
853 other acquisition technique that achieves the public policy
854 goals listed in subsection (1). It is presumed that a private
855 landowner retains the full range of uses for all the rights or
856 interests in the landowner’s land which are not specifically
857 acquired by the public agency. The lands upon which hunting
858 rights are specifically acquired pursuant to this section shall
859 be available for hunting in accordance with the management plan
860 or hunting regulations adopted by the Fish and Wildlife
861 Conservation Commission, unless the hunting rights are purchased
862 specifically to protect activities on adjacent lands.
863 (3) When developing the acquisition plan pursuant to s.
864 259.105, the Acquisition and Restoration Council may give
865 preference to those less than fee simple acquisitions that
866 provide any public access. However, the Legislature recognizes
867 that public access is not always appropriate for certain less
868 than fee simple acquisitions. Therefore, any proposed less than
869 fee simple acquisition may not be rejected simply because public
870 access would be limited.
871 (4) The Department of Environmental Protection, the
872 Department of Agriculture and Consumer Services, and each water
873 management district shall implement initiatives for using
874 alternatives to fee simple acquisition and to educate private
875 landowners about such alternatives. The Department of
876 Environmental Protection, the Department of Agriculture and
877 Consumer Services, and the water management districts may enter
878 into joint acquisition agreements to jointly fund the purchase
879 of lands using alternatives to fee simple techniques.
880 (5) The Legislature finds that the lack of direct sales
881 comparison information has served as an impediment to successful
882 implementation of alternatives to fee simple acquisition. It is
883 the intent of the Legislature that, in the absence of direct
884 comparable sales information, appraisals of alternatives to fee
885 simple acquisitions be based on the difference between the full
886 fee simple valuation and the value of the interests remaining
887 with the seller after acquisition.
888 (6) The public agency that has been assigned management
889 responsibility shall inspect and monitor any less than fee
890 simple interest according to the terms of the purchase agreement
891 relating to such interest.
892 (7) For less than fee simple acquisitions pursuant to s.
893 570.71, the Department of Agriculture and Consumer Services
894 shall comply with the acquisition procedures set forth in s.
895 570.715.
896 Section 3. Subsection (2), paragraph (c) of subsection (7),
897 and subsections (11) and (15) of section 253.03, Florida
898 Statutes, are amended to read:
899 253.03 Board of trustees to administer state lands; lands
900 enumerated.—
901 (2) It is the intent of the Legislature that the board of
902 trustees of the Internal Improvement Trust Fund continue to
903 receive proceeds from the sale or disposition of the products of
904 lands and the sale of lands of which the use and possession are
905 not subsequently transferred by appropriate lease or similar
906 instrument from the board of trustees to the proper using
907 agency. Such using agency shall be entitled to the proceeds from
908 the sale of products on, under, growing out of, or connected
909 with lands which such using agency holds under lease or similar
910 instrument from the board of trustees. The board of trustees of
911 the Internal Improvement Trust Fund is directed and authorized
912 to enter into leases or similar instruments for the use,
913 benefit, and possession of public lands by agencies which may
914 properly use and possess them for the benefit of the state. The
915 board of trustees shall adopt by rule an annual administrative
916 fee for all existing and future leases or similar instruments,
917 to be charged agencies that are leasing land from it. This
918 annual administrative fee assessed for all leases or similar
919 instruments is to compensate the board for costs incurred in the
920 administration and management of such leases or similar
921 instruments.
922 (7)
923 (c) Structures which are listed in or are eligible for the
924 National Register of Historic Places or the State Inventory of
925 Historic Places which are over the waters of the state of
926 Florida and which have a submerged land lease, or have been
927 grandfathered-in to use sovereignty submerged lands until
928 January 1, 1998, pursuant to former rule 18-21.00405, Florida
929 Administrative Code, as it existed in rule on March 15, 1990,
930 shall have the right to continue such submerged land leases,
931 regardless of the fact that the present landholder is not an
932 adjacent riparian landowner, so long as the lessee maintains the
933 structure in a good state of repair consistent with the
934 guidelines for listing. If the structure is damaged or
935 destroyed, the lessee may shall be allowed to reconstruct, so
936 long as the reconstruction is consistent with the integrity of
937 the listed structure and does not increase the footprint of the
938 structure. If a listed structure so listed falls into disrepair
939 and the lessee is not willing to repair and maintain it
940 consistent with its listing, the state may cancel the submerged
941 lease and either repair and maintain the property or require
942 that the structure be removed from sovereignty submerged lands.
943 (11) The board of trustees of the Internal Improvement
944 Trust Fund may adopt rules to provide for the assessment and
945 collection of reasonable fees, commensurate with the actual cost
946 to the board, for disclaimers, easements, exchanges, gifts,
947 leases, releases, or sales of any interest in lands or any
948 applications therefor and for reproduction of documents. All
949 revenues received from the application fees charged by a water
950 management district to process applications that include a
951 request to use state lands are to be retained by the water
952 management district. The board of trustees shall adopt by rule
953 an annual administrative fee for all existing and future leases
954 or similar instruments to be charged to agencies that are
955 leasing land from the board of trustees. This annual
956 administrative fee assessed for all leases or similar
957 instruments is to compensate the board of trustees for costs
958 incurred in the administration and management of such leases or
959 similar instruments.
960 (15) The board of trustees of the Internal Improvement
961 Trust Fund shall encourage the use of sovereign submerged lands
962 for public access and water-dependent uses which may include
963 related minimal secondary nonwater-dependent uses and public
964 access.
965 Section 4. Present subsections (8) and (9) of section
966 253.031, Florida Statutes, are renumbered as subsections (7) and
967 (8), respectively, and present subsections (2) and (7) of that
968 section are amended, to read:
969 253.031 Land office; custody of documents concerning land;
970 moneys; plats.—
971 (2) The board of trustees of the Internal Improvement Trust
972 Fund shall have custody of, and the department shall maintain,
973 all the records, surveys, plats, maps, field notes, and patents
974 and all other evidence touching the title and description of the
975 public domain.
976 (7) The board shall receive all of the tract books, plats,
977 and such records and papers heretofore kept in the United States
978 Land Office at Gainesville, Alachua County, as may be
979 surrendered by the Secretary of the Interior; and the board
980 shall carefully and safely keep and preserve all of said tract
981 books, plats, records, and papers as part of the public records
982 of its office, and at any time allow any duly accredited
983 authority of the United States, full and free access to any and
984 all of such tract books, plats, records, and papers, and shall
985 furnish any duly accredited authority of the United States with
986 copies of any such records without charge.
987 Section 5. Section 253.034, Florida Statutes, is amended to
988 read:
989 253.034 State-owned lands; uses.—
990 (1) All lands acquired pursuant to chapter 259 shall be
991 managed to serve the public interest by protecting and
992 conserving land, air, water, and the state’s natural resources,
993 which contribute to the public health, welfare, and economy of
994 the state. These lands shall be managed to provide for areas of
995 natural resource based recreation, and to ensure the survival of
996 plant and animal species and the conservation of finite and
997 renewable natural resources. The state’s lands and natural
998 resources shall be managed using a stewardship ethic that
999 assures these resources will be available for the benefit and
1000 enjoyment of all people of the state, both present and future.
1001 It is the intent of the Legislature that, where feasible and
1002 consistent with the goals of protection and conservation of
1003 natural resources associated with lands held in the public trust
1004 by the Board of Trustees of the Internal Improvement Trust Fund,
1005 public land not designated for single-use purposes pursuant to
1006 paragraph (2)(b) be managed for multiple-use purposes. All
1007 multiple-use land management strategies shall address public
1008 access and enjoyment, resource conservation and protection,
1009 ecosystem maintenance and protection, and protection of
1010 threatened and endangered species, and the degree to which
1011 public-private partnerships or endowments may allow the entity
1012 with management responsibility to enhance its ability to manage
1013 these lands. The Acquisition and Restoration Council created in
1014 s. 259.035 shall recommend rules to the board of trustees, and
1015 the board of trustees shall adopt rules necessary to carry out
1016 the purposes of this section.
1017 (2) As used in this section, the term following phrases
1018 have the following meanings:
1019 (a) “Multiple use” means the harmonious and coordinated
1020 management of timber, recreation, conservation of fish and
1021 wildlife, forage, archaeological and historic sites, habitat and
1022 other biological resources, or water resources so that they are
1023 used utilized in the combination that will best serve the people
1024 of the state, making the most judicious use of the land for some
1025 or all of these resources and giving consideration to the
1026 relative values of the various resources. Where necessary and
1027 appropriate for all state-owned lands that are larger than 1,000
1028 acres in project size and are managed for multiple uses, buffers
1029 may be formed around any areas that require special protection
1030 or have special management needs. Such buffers may shall not
1031 exceed more than one-half of the total acreage. Multiple uses
1032 within a buffer area may be restricted to provide the necessary
1033 buffering effect desired. Multiple use in this context includes
1034 both uses of land or resources by more than one management
1035 entity, which may include private sector land managers. In any
1036 case, lands identified as multiple-use lands in the land
1037 management plan shall be managed to enhance and conserve the
1038 lands and resources for the enjoyment of the people of the
1039 state.
1040 (b) “Single use” means management for one particular
1041 purpose to the exclusion of all other purposes, except that the
1042 using entity shall have the option of including in its
1043 management program compatible secondary purposes which will not
1044 detract from or interfere with the primary management purpose.
1045 Such single uses may include, but are not necessarily restricted
1046 to, the use of agricultural lands for production of food and
1047 livestock, the use of improved sites and grounds for
1048 institutional purposes, and the use of lands for parks,
1049 preserves, wildlife management, archaeological or historic
1050 sites, or wilderness areas where the maintenance of essentially
1051 natural conditions is important. All submerged lands shall be
1052 considered single-use lands and shall be managed primarily for
1053 the maintenance of essentially natural conditions, the
1054 propagation of fish and wildlife, and public recreation,
1055 including hunting and fishing where deemed appropriate by the
1056 managing entity.
1057 (c) “Conservation lands” means lands that are currently
1058 managed for conservation, outdoor resource-based recreation, or
1059 archaeological or historic preservation, except those lands that
1060 were acquired solely to facilitate the acquisition of other
1061 conservation lands. Lands acquired for uses other than
1062 conservation, outdoor resource-based recreation, or
1063 archaeological or historic preservation may shall not be
1064 designated conservation lands except as otherwise authorized
1065 under this section. These lands shall include, but not be
1066 limited to, the following: correction and detention facilities,
1067 military installations and facilities, state office buildings,
1068 maintenance yards, state university or Florida College System
1069 institution campuses, agricultural field stations or offices,
1070 tower sites, law enforcement and license facilities,
1071 laboratories, hospitals, clinics, and other sites that do not
1072 possess no significant natural or historical resources. However,
1073 lands acquired solely to facilitate the acquisition of other
1074 conservation lands, and for which the land management plan has
1075 not yet been completed or updated, may be evaluated by the Board
1076 of Trustees of the Internal Improvement Trust Fund on a case-by
1077 case basis to determine if they will be designated conservation
1078 lands.
1079 (d) “Public access,” as used in this chapter and chapter
1080 259, means access by the general public to state lands and
1081 water, including vessel access made possible by boat ramps,
1082 docks, and associated support facilities, where compatible with
1083 conservation and recreation objectives.
1084
1085 Lands acquired by the state as a gift, through donation, or by
1086 any other conveyance for which no consideration was paid, and
1087 which are not managed for conservation, outdoor resource-based
1088 recreation, or archaeological or historic preservation under a
1089 land management plan approved by the board of trustees are not
1090 conservation lands.
1091 (3) Recognizing that recreational trails purchased with
1092 rails-to-trails funds pursuant to former s. 259.101(3)(g),
1093 Florida Statutes 2014, or s. 259.105(3)(h) have had historic
1094 transportation uses and that their linear character may extend
1095 many miles, the Legislature intends that if the necessity arises
1096 to serve public needs, after balancing the need to protect trail
1097 users from collisions with automobiles and a preference for the
1098 use of overpasses and underpasses to the greatest extent
1099 feasible and practical, transportation uses shall be allowed to
1100 cross recreational trails purchased pursuant to former s.
1101 259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
1102 these crossings are needed, the location and design should
1103 consider and mitigate the impact on humans and environmental
1104 resources, and the value of the land shall be paid based on fair
1105 market value.
1106 (4) A No management agreement, lease, or other instrument
1107 authorizing the use of lands owned by the board of trustees may
1108 not of the Internal Improvement Trust Fund shall be executed for
1109 a period greater than is necessary to provide for the reasonable
1110 use of the land for the existing or planned life cycle or
1111 amortization of the improvements, except that an easement in
1112 perpetuity may be granted by the board of trustees of the
1113 Internal Improvement Trust Fund if the improvement is a
1114 transportation facility. If an entity managing or leasing state
1115 owned lands from the board of trustees does not meet the short
1116 term goals under paragraph (5)(b) for conservation lands, the
1117 Department of Environmental Protection may submit the lands to
1118 the Acquisition and Restoration Council to review whether the
1119 short-term goals should be modified, consider whether the lands
1120 should be offered to another entity for management or leasing,
1121 or recommend to the board of trustees whether to surplus the
1122 lands. If an entity managing or leasing state-owned lands from
1123 the board of trustees does not meet the short-term goals under
1124 paragraph (5)(i) for nonconservation lands, the department may
1125 submit the lands to the board of trustees to consider whether to
1126 require the managing or leasing entity to release its interest
1127 in the lands and to consider whether to surplus the lands. If
1128 the state-owned lands are determined to be surplus, the board of
1129 trustees may require an entity to release its interest in the
1130 lands. An entity managing or leasing state-owned lands from the
1131 board of trustees may not sublease such lands without prior
1132 review by the Division of State Lands and, for conservation
1133 lands, by the Acquisition and Restoration Council created in s.
1134 259.035. All management agreements, leases, or other instruments
1135 authorizing the use of lands owned by the board of trustees
1136 shall be reviewed for approval by the board of trustees or its
1137 designee. The council is not required to review subleases of
1138 parcels which are less than 160 acres in size.
1139 (5) Each manager of conservation lands shall submit to the
1140 Division of State Lands a land management plan at least every 10
1141 years in a form and manner adopted prescribed by rule of by the
1142 board of trustees and in accordance with the provisions of s.
1143 259.032. Each manager of conservation lands shall also update a
1144 land management plan whenever the manager proposes to add new
1145 facilities or make substantive land use or management changes
1146 that were not addressed in the approved plan, or within 1 year
1147 after of the addition of significant new lands. Each manager of
1148 nonconservation lands shall submit to the Division of State
1149 Lands a land use plan at least every 10 years in a form and
1150 manner adopted prescribed by rule of by the board of trustees.
1151 The division shall review each plan for compliance with the
1152 requirements of this subsection and the requirements of the
1153 rules adopted established by the board of trustees pursuant to
1154 this section. All nonconservation land use plans, whether for
1155 single-use or multiple-use properties, shall be managed to
1156 provide the greatest benefit to the state include an analysis of
1157 the property to determine if any significant natural or cultural
1158 resources are located on the property. Such resources include
1159 archaeological and historic sites, state and federally listed
1160 plant and animal species, and imperiled natural communities and
1161 unique natural features. If such resources occur on the
1162 property, the manager shall consult with the Division of State
1163 Lands and other appropriate agencies to develop management
1164 strategies to protect such resources. Land use plans shall also
1165 provide for the control of invasive nonnative plants and
1166 conservation of soil and water resources, including a
1167 description of how the manager plans to control and prevent soil
1168 erosion and soil or water contamination. Land use plans
1169 submitted by a manager shall include reference to appropriate
1170 statutory authority for such use or uses and shall conform to
1171 the appropriate policies and guidelines of the state land
1172 management plan. Plans for managed areas larger than 1,000 acres
1173 shall contain an analysis of the multiple-use potential of the
1174 property, which includes analysis shall include the potential of
1175 the property to generate revenues to enhance the management of
1176 the property. In addition Additionally, the plan shall contain
1177 an analysis of the potential use of private land managers to
1178 facilitate the restoration or management of these lands. If In
1179 those cases where a newly acquired property has a valid
1180 conservation plan that was developed by a soil and conservation
1181 district, such plan shall be used to guide management of the
1182 property until a formal land use plan is completed.
1183 (a) State conservation lands shall be managed to ensure the
1184 conservation of the state’s plant and animal species and to
1185 ensure the accessibility of state lands for the benefit and
1186 enjoyment of all people of the state, both present and future.
1187 Each land management plan for state conservation lands shall
1188 provide a desired outcome, describe both short-term and long
1189 term management goals, and include measurable objectives to
1190 achieve those goals. Short-term goals shall be achievable within
1191 a 2-year planning period, and long-term goals shall be
1192 achievable within a 10-year planning period. These short-term
1193 and long-term management goals shall be the basis for all
1194 subsequent land management activities.
1195 (b) Short-term and long-term management goals for state
1196 conservation lands shall include measurable objectives for the
1197 following, as appropriate:
1198 1. Habitat restoration and improvement.
1199 2. Public access and recreational opportunities.
1200 3. Hydrological preservation and restoration.
1201 4. Sustainable forest management.
1202 5. Exotic and invasive species maintenance and control.
1203 6. Capital facilities and infrastructure.
1204 7. Cultural and historical resources.
1205 8. Imperiled species habitat maintenance, enhancement,
1206 restoration, or population restoration.
1207 (c) The land management plan shall, at a minimum, contain
1208 the following elements:
1209 1. A physical description of the land.
1210 2. A quantitative data description of the land which
1211 includes an inventory of forest and other natural resources;
1212 exotic and invasive plants; hydrological features;
1213 infrastructure, including recreational facilities; and other
1214 significant land, cultural, or historical features. The
1215 inventory shall reflect the number of acres for each resource
1216 and feature, when appropriate. The inventory shall be of such
1217 detail that objective measures and benchmarks can be established
1218 for each tract of land and monitored during the lifetime of the
1219 plan. All quantitative data collected shall be aggregated,
1220 standardized, collected, and presented in an electronic format
1221 to allow for uniform management reporting and analysis. The
1222 information collected by the Department of Environmental
1223 Protection pursuant to s. 253.0325(2) shall be available to the
1224 land manager and his or her assignee.
1225 3. A detailed description of each short-term and long-term
1226 land management goal, the associated measurable objectives, and
1227 the related activities that are to be performed to meet the land
1228 management objectives. Each land management objective must be
1229 addressed by the land management plan, and if where practicable,
1230 a no land management objective may not shall be performed to the
1231 detriment of the other land management objectives.
1232 4. A schedule of land management activities which contains
1233 short-term and long-term land management goals and the related
1234 measurable objective and activities. The schedule shall include
1235 for each activity a timeline for completion, quantitative
1236 measures, and detailed expense and manpower budgets. The
1237 schedule shall provide a management tool that facilitates
1238 development of performance measures.
1239 5. A summary budget for the scheduled land management
1240 activities of the land management plan. For state lands
1241 containing or anticipated to contain imperiled species habitat,
1242 the summary budget shall include any fees anticipated from
1243 public or private entities for projects to offset adverse
1244 impacts to imperiled species or such habitat, which fees shall
1245 be used solely to restore, manage, enhance, repopulate, or
1246 acquire imperiled species habitat. The summary budget shall be
1247 prepared in such manner that it facilitates computing an
1248 aggregate of land management costs for all state-managed lands
1249 using the categories described in s. 259.037(3).
1250 (d) Upon completion, the land management plan must will be
1251 transmitted to the Acquisition and Restoration Council for
1252 review. The Acquisition and Restoration council shall have 90
1253 days after receipt of the plan to review the plan and submit its
1254 recommendations to the board of trustees. During the review
1255 period, the land management plan may be revised if agreed to by
1256 the primary land manager and the Acquisition and Restoration
1257 council taking into consideration public input. If the
1258 Acquisition and Restoration Council fails to make a
1259 recommendation for a land management plan, the secretary of the
1260 Department of Environmental Protection, Commissioner of
1261 Agriculture, or Executive Director of the Fish and Wildlife
1262 Conservation Commission or their designees shall submit the land
1263 management plan to the board of trustees. The land management
1264 plan becomes effective upon approval by the board of trustees.
1265 (e) Land management plans are to be updated every 10 years
1266 on a rotating basis. Each updated land management plan must
1267 identify any conservation lands under the plan, in part or in
1268 whole, that are no longer needed for conservation purposes and
1269 could be disposed of in fee simple or with the state retaining a
1270 permanent conservation easement.
1271 (f) In developing land management plans, at least one
1272 public hearing shall be held in any one affected county.
1273 (g) The Division of State Lands shall make available to the
1274 public an electronic copy of each land management plan for
1275 parcels that exceed 160 acres in size. The division of State
1276 Lands shall review each plan for compliance with the
1277 requirements of this subsection, the requirements of chapter
1278 259, and the requirements of the rules adopted established by
1279 the board of trustees pursuant to this section. The Acquisition
1280 and Restoration Council shall also consider the propriety of the
1281 recommendations of the managing entity with regard to the future
1282 use of the property, the protection of fragile or nonrenewable
1283 resources, the potential for alternative or multiple uses not
1284 recognized by the managing entity, and the possibility of
1285 disposal of the property by the board of trustees. After its
1286 review, the council shall submit the plan, along with its
1287 recommendations and comments, to the board of trustees. The
1288 council shall specifically recommend to the board of trustees
1289 whether to approve the plan as submitted, approve the plan with
1290 modifications, or reject the plan. If the Acquisition and
1291 Restoration council fails to make a recommendation for a land
1292 management plan, the Secretary of the Department of
1293 Environmental Protection, Commissioner of Agriculture, or
1294 executive director of the Fish and Wildlife Conservation
1295 Commission or their designees shall submit the land management
1296 plan to the board of trustees.
1297 (h) The board of trustees of the Internal Improvement Trust
1298 Fund shall consider the land management plan submitted by each
1299 entity and the recommendations of the Acquisition and
1300 Restoration Council and the Division of State Lands and shall
1301 approve the plan with or without modification or reject such
1302 plan. The use or possession of any such lands that is not in
1303 accordance with an approved land management plan is subject to
1304 termination by the board of trustees.
1305 (i)1. State nonconservation lands shall be managed to
1306 provide the greatest benefit to the state. State nonconservation
1307 lands may be grouped by similar land use types under one land
1308 use plan. Each land use plan shall, at a minimum, contain the
1309 following elements:
1310 a. A physical description of the land to include any
1311 significant natural or cultural resources as well as management
1312 strategies developed by the land manager to protect such
1313 resources.
1314 b. A desired development outcome.
1315 c. A schedule for achieving the desired development
1316 outcome.
1317 d. A description of both short-term and long-term
1318 development goals.
1319 e. A management and control plan for invasive nonnative
1320 plants.
1321 f. A management and control plan for soil erosion and soil
1322 and water contamination.
1323 g. Measureable objectives to achieve the goals identified
1324 in the land use plan.
1325 2. Short-term goals shall be achievable within a 5-year
1326 planning period and long-term goals shall be achievable within a
1327 10-year planning period.
1328 3. The use or possession of any such lands that is not in
1329 accordance with an approved land use plan is subject to
1330 termination by the board of trustees.
1331 4. Land use plans submitted by a manager shall include
1332 reference to appropriate statutory authority for such use or
1333 uses and shall conform to the appropriate policies and
1334 guidelines of the state land management plan.
1335 (6) The Board of Trustees of the Internal Improvement Trust
1336 Fund shall determine which lands, the title to which is vested
1337 in the board, may be surplused. For conservation lands, the
1338 board shall determine whether the lands are no longer needed for
1339 conservation purposes and may dispose of them by an affirmative
1340 vote of at least three members. In the case of a land exchange
1341 involving the disposition of conservation lands, the board must
1342 determine by an affirmative vote of at least three members that
1343 the exchange will result in a net positive conservation benefit.
1344 For all other lands, the board shall determine whether the lands
1345 are no longer needed and may dispose of them by an affirmative
1346 vote of at least three members.
1347 (a) For the purposes of this subsection, all lands acquired
1348 by the state before July 1, 1999, using proceeds from
1349 Preservation 2000 bonds, the former Conservation and Recreation
1350 Lands Trust Fund, the former Water Management Lands Trust Fund,
1351 Environmentally Endangered Lands Program, and the Save Our Coast
1352 Program and titled to the board which are identified as core
1353 parcels or within original project boundaries are deemed to have
1354 been acquired for conservation purposes.
1355 (b) For any lands purchased by the state on or after July
1356 1, 1999, before acquisition, the board must determine which
1357 parcels must be designated as having been acquired for
1358 conservation purposes. Lands acquired for use by the Department
1359 of Corrections, the Department of Management Services for use as
1360 state offices, the Department of Transportation, except those
1361 specifically managed for conservation or recreation purposes, or
1362 the State University System or the Florida College System may
1363 not be designated as having been purchased for conservation
1364 purposes.
1365 (c) At least every 10 years, as a component of each land
1366 management plan or land use plan and in a form and manner
1367 prescribed by rule by the board, each manager shall evaluate and
1368 indicate to the board those lands that are not being used for
1369 the purpose for which they were originally leased. For
1370 conservation lands, the council shall review and recommend to
1371 the board whether such lands should be retained in public
1372 ownership or disposed of by the board. For nonconservation
1373 lands, the division shall review such lands and recommend to the
1374 board whether such lands should be retained in public ownership
1375 or disposed of by the board.
1376 (d) Lands owned by the board which are not actively managed
1377 by any state agency or for which a land management plan has not
1378 been completed pursuant to subsection (5) must be reviewed by
1379 the council or its successor for its recommendation as to
1380 whether such lands should be disposed of by the board.
1381 (e) Before any decision by the board to surplus lands, the
1382 Acquisition and Restoration Council shall review and make
1383 recommendations to the board concerning the request for
1384 surplusing. The council shall determine whether the request for
1385 surplusing is compatible with the resource values of and
1386 management objectives for such lands.
1387 (f) In reviewing lands owned by the board, the council
1388 shall consider whether such lands would be more appropriately
1389 owned or managed by the county or other unit of local government
1390 in which the land is located. The council shall recommend to the
1391 board whether a sale, lease, or other conveyance to a local
1392 government would be in the best interests of the state and local
1393 government. The provisions of this paragraph in no way limit the
1394 provisions of ss. 253.111 and 253.115. Such lands shall be
1395 offered to the state, county, or local government for a period
1396 of 45 days. Permittable uses for such surplus lands may include
1397 public schools; public libraries; fire or law enforcement
1398 substations; governmental, judicial, or recreational centers;
1399 and affordable housing meeting the criteria of s. 420.0004(3).
1400 County or local government requests for surplus lands shall be
1401 expedited throughout the surplusing process. If the county or
1402 local government does not elect to purchase such lands in
1403 accordance with s. 253.111, any surplusing determination
1404 involving other governmental agencies shall be made when the
1405 board decides the best public use of the lands. Surplus
1406 properties in which governmental agencies have expressed no
1407 interest must then be available for sale on the private market.
1408 (g) The sale price of lands determined to be surplus
1409 pursuant to this subsection and s. 253.82 shall be determined by
1410 the division, which shall consider an appraisal of the property,
1411 or, if the estimated value of the land is $500,000 or less, a
1412 comparable sales analysis or a broker’s opinion of value. The
1413 division may require a second appraisal. The individual or
1414 entity that requests to purchase the surplus parcel shall pay
1415 all costs associated with determining the property’s value, if
1416 any.
1417 1. A written valuation of land determined to be surplus
1418 pursuant to this subsection and s. 253.82, and related documents
1419 used to form the valuation or which pertain to the valuation,
1420 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1421 I of the State Constitution.
1422 a. The exemption expires 2 weeks before the contract or
1423 agreement regarding the purchase, exchange, or disposal of the
1424 surplus land is first considered for approval by the board.
1425 b. Before expiration of the exemption, the division may
1426 disclose confidential and exempt appraisals, valuations, or
1427 valuation information regarding surplus land:
1428 (I) During negotiations for the sale or exchange of the
1429 land.
1430 (II) During the marketing effort or bidding process
1431 associated with the sale, disposal, or exchange of the land to
1432 facilitate closure of such effort or process.
1433 (III) When the passage of time has made the conclusions of
1434 value invalid.
1435 (IV) When negotiations or marketing efforts concerning the
1436 land are concluded.
1437 2. A unit of government that acquires title to lands
1438 hereunder for less than appraised value may not sell or transfer
1439 title to all or any portion of the lands to any private owner
1440 for 10 years. Any unit of government seeking to transfer or sell
1441 lands pursuant to this paragraph must first allow the board of
1442 trustees to reacquire such lands for the price at which the
1443 board sold such lands.
1444 (h) Parcels with a market value over $500,000 must be
1445 initially offered for sale by competitive bid. The division may
1446 use agents, as authorized by s. 253.431, for this process. Any
1447 parcels unsuccessfully offered for sale by competitive bid, and
1448 parcels with a market value of $500,000 or less, may be sold by
1449 any reasonable means, including procuring real estate services,
1450 open or exclusive listings, competitive bid, auction, negotiated
1451 direct sales, or other appropriate services, to facilitate the
1452 sale.
1453 (i) After reviewing the recommendations of the council, the
1454 board shall determine whether lands identified for surplus are
1455 to be held for other public purposes or are no longer needed.
1456 The board may require an agency to release its interest in such
1457 lands. A state agency, county, or local government that has
1458 requested the use of a property that was to be declared as
1459 surplus must secure the property under lease within 90 days
1460 after being notified that it may use such property.
1461 (j) Requests for surplusing may be made by any public or
1462 private entity or person. All requests shall be submitted to the
1463 lead managing agency for review and recommendation to the
1464 council or its successor. Lead managing agencies have 90 days to
1465 review such requests and make recommendations. Any surplusing
1466 requests that have not been acted upon within the 90-day time
1467 period shall be immediately scheduled for hearing at the next
1468 regularly scheduled meeting of the council or its successor.
1469 Requests for surplusing pursuant to this paragraph are not
1470 required to be offered to local or state governments as provided
1471 in paragraph (f).
1472 (k) Proceeds from the sale of surplus conservation lands
1473 purchased before July 1, 2015, shall be deposited into the
1474 Florida Forever Trust Fund.
1475 (l) Proceeds from the sale of surplus conservation lands
1476 purchased on or after July 1, 2015, shall be deposited into the
1477 Land Acquisition Trust Fund, except when such lands were
1478 purchased with funds other than those from the Land Acquisition
1479 Trust Fund or a land acquisition trust fund created to implement
1480 s. 28, Art. X of the State Constitution, the proceeds shall be
1481 deposited into the fund from which the lands were purchased.
1482 (m) Funds received from the sale of surplus nonconservation
1483 lands or lands that were acquired by gift, by donation, or for
1484 no consideration shall be deposited into the Internal
1485 Improvement Trust Fund.
1486 (n) Notwithstanding this subsection, such disposition of
1487 land may not be made if it would have the effect of causing all
1488 or any portion of the interest on any revenue bonds issued to
1489 lose the exclusion from gross income for federal income tax
1490 purposes.
1491 (o) The sale of filled, formerly submerged land that does
1492 not exceed 5 acres in area is not subject to review by the
1493 council or its successor.
1494 (p) The board may adopt rules to administer this section
1495 which may include procedures for administering surplus land
1496 requests and criteria for when the division may approve requests
1497 to surplus nonconservation lands on behalf of the board.
1498 (6)(7) This section does shall not be construed so as to
1499 affect:
1500 (a) Other provisions of this chapter relating to oil, gas,
1501 or mineral resources.
1502 (b) The exclusive use of state-owned land subject to a
1503 lease by the board of trustees of the Internal Improvement Trust
1504 Fund of state-owned land for private uses and purposes.
1505 (c) Sovereignty lands not leased for private uses and
1506 purposes.
1507 (7)(8)(a) The Legislature recognizes the value of the
1508 state’s conservation lands as water recharge areas and air
1509 filters.
1510 (b) If state-owned lands are subject to annexation
1511 procedures, the Division of State Lands must notify the county
1512 legislative delegation of the county in which the land is
1513 located.
1514 (8)(9) Land management plans required to be submitted by
1515 the Department of Corrections, the Department of Juvenile
1516 Justice, the Department of Children and Families, or the
1517 Department of Education are not subject to the provisions for
1518 review by the Acquisition and Restoration Council or its
1519 successor described in subsection (5). Management plans filed by
1520 these agencies shall be made available to the public for a
1521 period of 90 days at the administrative offices of the parcel or
1522 project affected by the management plan and at the Tallahassee
1523 offices of each agency. Any plans not objected to during the
1524 public comment period shall be deemed approved. Any plans for
1525 which an objection is filed shall be submitted to the board of
1526 trustees of the Internal Improvement Trust Fund for
1527 consideration. The board of trustees of the Internal Improvement
1528 Trust Fund shall approve the plan with or without modification,
1529 or reject the plan. The use or possession of any such lands
1530 which is not in accordance with an approved land management plan
1531 is subject to termination by the board of trustees.
1532 (9)(10) The following additional uses of conservation lands
1533 acquired pursuant to the Florida Forever program and other
1534 state-funded conservation land purchase programs shall be
1535 authorized, upon a finding by the board of trustees, if they
1536 meet the criteria specified in paragraphs (a)-(e): water
1537 resource development projects, water supply development
1538 projects, stormwater management projects, linear facilities, and
1539 sustainable agriculture and forestry. Such additional uses are
1540 authorized if where:
1541 (a) The use is not inconsistent with the management plan
1542 for such lands;
1543 (b) The use is compatible with the natural ecosystem and
1544 resource values of such lands;
1545 (c) The proposed use is appropriately located on such lands
1546 and if where due consideration is given to the use of other
1547 available lands;
1548 (d) The using entity reasonably compensates the titleholder
1549 for such use based upon an appropriate measure of value; and
1550 (e) The use is consistent with the public interest.
1551
1552 A decision by the board of trustees pursuant to this section
1553 shall be given a presumption of correctness. Moneys received
1554 from the use of state lands pursuant to this section shall be
1555 returned to the lead managing entity in accordance with s.
1556 259.032(9)(c).
1557 (10)(11) Lands listed as projects for acquisition may be
1558 managed for conservation pursuant to s. 259.032, on an interim
1559 basis by a private party in anticipation of a state purchase in
1560 accordance with a contractual arrangement between the acquiring
1561 agency and the private party that may include management service
1562 contracts, leases, cost-share arrangements or resource
1563 conservation agreements. Lands designated as eligible under this
1564 subsection shall be managed to maintain or enhance the resources
1565 the state is seeking to protect by acquiring the land. Funding
1566 for these contractual arrangements may originate from the
1567 documentary stamp tax revenue deposited into the Land
1568 Acquisition Trust Fund. No more than $6.2 million may be
1569 expended from the Land Acquisition Trust Fund for this purpose.
1570 (11)(12) Any lands available to governmental employees,
1571 including water management district employees, for hunting or
1572 other recreational purposes shall also be made available to the
1573 general public for such purposes.
1574 (13) Before a building or parcel of land is offered for
1575 lease or sale to a local or federal unit of government or a
1576 private party, it shall first be offered for lease to state
1577 agencies, state universities, and Florida College System
1578 institutions, with priority consideration given to state
1579 universities and Florida College System institutions. Within 60
1580 days after the offer for lease of a surplus building or parcel,
1581 a state university or Florida College System institution that
1582 requests the lease must submit a plan for review and approval by
1583 the Board of Trustees of the Internal Improvement Trust Fund
1584 regarding the intended use, including future use, of the
1585 building or parcel of land before approval of a lease. Within 60
1586 days after the offer for lease of a surplus building or parcel,
1587 a state agency that requests the lease of such facility or
1588 parcel must submit a plan for review and approval by the board
1589 of trustees regarding the intended use. The state agency plan
1590 must, at a minimum, include the proposed use of the facility or
1591 parcel, the estimated cost of renovation, a capital improvement
1592 plan for the building, evidence that the building or parcel
1593 meets an existing need that cannot otherwise be met, and other
1594 criteria developed by rule by the board of trustees. The board
1595 or its designee shall compare the estimated value of the
1596 building or parcel to any submitted business plan to determine
1597 if the lease or sale is in the best interest of the state. The
1598 board of trustees shall adopt rules pursuant to chapter 120 for
1599 the implementation of this section.
1600 Section 6. Section 253.0341, Florida Statutes, is amended
1601 to read:
1602 253.0341 Surplus of state-owned lands to counties or local
1603 governments.—Counties and local governments may submit
1604 surplusing requests for state-owned lands directly to the board
1605 of trustees. County or local government requests for the state
1606 to surplus conservation or nonconservation lands, whether for
1607 purchase or exchange, shall be expedited throughout the
1608 surplusing process. Property jointly acquired by the state and
1609 other entities shall not be surplused without the consent of all
1610 joint owners.
1611 (1) The board of trustees shall determine which lands, the
1612 title to which is vested in the board, may be surplused. For all
1613 conservation lands, the Acquisition and Restoration Council
1614 shall make a recommendation to the board of trustees, and the
1615 board of trustees shall determine whether the lands are no
1616 longer needed for conservation purposes. If the board of
1617 trustees determines the lands are no longer needed for
1618 conservation purposes, it may dispose of such lands by an
1619 affirmative vote of at least three members. In the case of a
1620 land exchange involving the disposition of conservation lands,
1621 the board of trustees must determine by an affirmative vote of
1622 at least three members that the exchange will result in a net
1623 positive conservation benefit. For all nonconservation lands,
1624 the board of trustees shall determine whether the lands are no
1625 longer needed. If the board of trustees determines the lands are
1626 no longer needed, it may dispose of such lands by an affirmative
1627 vote of at least three members. Local government requests for
1628 the state to surplus conservation or nonconservation lands,
1629 whether for purchase or exchange, shall be expedited throughout
1630 the surplusing process. Property jointly acquired by the state
1631 and other entities may not be surplused without the consent of
1632 all joint owners The decision to surplus state-owned
1633 nonconservation lands may be made by the board without a review
1634 of, or a recommendation on, the request from the Acquisition and
1635 Restoration Council or the Division of State Lands. Such
1636 requests for nonconservation lands shall be considered by the
1637 board within 60 days of the board’s receipt of the request.
1638 (2) For purposes of this section, all lands acquired by the
1639 state before July 1, 1999, using proceeds from Preservation 2000
1640 bonds, the former Conservation and Recreation Lands Trust Fund,
1641 the former Water Management Lands Trust Fund, Environmentally
1642 Endangered Lands Program, and the Save Our Coast Program and
1643 titled to the board of trustees which are identified as core
1644 parcels or within original project boundaries are deemed to have
1645 been acquired for conservation purposes County or local
1646 government requests for the surplusing of state-owned
1647 conservation lands are subject to review of, and recommendation
1648 on, the request to the board by the Acquisition and Restoration
1649 Council. Requests to surplus conservation lands shall be
1650 considered by the board within 120 days of the board’s receipt
1651 of the request.
1652 (3) For any lands purchased by the state on or after July
1653 1, 1999, before acquisition, the board of trustees must
1654 determine which parcels must be designated as having been
1655 acquired for conservation purposes. Lands acquired for use by
1656 the Department of Corrections; the Department of Management
1657 Services for use as state offices; the Department of
1658 Transportation, except those lands specifically managed for
1659 conservation or recreation purposes; the State University
1660 System; or the Florida College System may not be designated as
1661 having been acquired for conservation purposes A local
1662 government may request that state lands be specifically declared
1663 surplus lands for the purpose of providing alternative water
1664 supply and water resource development projects as defined in s.
1665 373.019, public facilities such as schools, fire and police
1666 facilities, and affordable housing. The request shall comply
1667 with the requirements of subsection (1) if the lands are
1668 nonconservation lands or subsection (2) if the lands are
1669 conservation lands. Surplus lands that are conveyed to a local
1670 government for affordable housing shall be disposed of by the
1671 local government under the provisions of s. 125.379 or s.
1672 166.0451.
1673 (4) At least every 10 years, as a component of each land
1674 management plan or land use plan and in a form and manner
1675 adopted by rule of the board of trustees, each manager shall
1676 evaluate and indicate to the board of trustees those lands that
1677 are not being used for the purpose for which they were
1678 originally leased. For conservation lands, the Acquisition and
1679 Restoration Council shall review and recommend to the board of
1680 trustees whether such lands should be retained in public
1681 ownership or disposed of by the board of trustees. For
1682 nonconservation lands, the Division of State Lands shall review
1683 and recommend to the board of trustees whether such lands should
1684 be retained in public ownership or disposed of by the board of
1685 trustees Notwithstanding the requirements of this section and
1686 the requirements of s. 253.034 which provides a surplus process
1687 for the disposal of state lands, the board shall convey to
1688 Miami-Dade County title to the property on which the Graham
1689 Building, which houses the offices of the Miami-Dade State
1690 Attorney, is located. By January 1, 2008, the board shall convey
1691 fee simple title to the property to Miami-Dade County for a
1692 consideration of one dollar. The deed conveying title to Miami
1693 Dade County must contain restrictions that limit the use of the
1694 property for the purpose of providing workforce housing as
1695 defined in s. 420.5095, and to house the offices of the Miami
1696 Dade State Attorney. Employees of the Miami-Dade State Attorney
1697 and the Miami-Dade Public Defender who apply for and meet the
1698 income qualifications for workforce housing shall receive
1699 preference over other qualified applicants.
1700 (5) Conservation lands owned by the board of trustees which
1701 are not actively managed by any state agency or for which a land
1702 management plan has not been completed pursuant to s. 253.034(5)
1703 must be reviewed by the Acquisition and Restoration Council for
1704 its recommendation as to whether such lands should be disposed
1705 of by the board of trustees.
1706 (6) Before any decision by the board of trustees to surplus
1707 conservation lands, the Acquisition and Restoration Council
1708 shall review and make recommendations to the board of trustees
1709 concerning the request for surplusing. The council shall
1710 determine whether the request for surplusing is compatible with
1711 the resource values of and management objectives for such lands.
1712 (7) Before a facility or parcel of nonconservation land is
1713 offered for lease to a local or federal unit of government,
1714 state university, Florida College System institution, or private
1715 party, it shall first be offered for lease to state agencies.
1716 Within 45 days after the offer for lease of a facility or
1717 parcel, a state agency that requests the lease must submit a
1718 plan to the board of trustees that includes a description of the
1719 proposed use, including future use, of the facility or parcel.
1720 The board of trustees must review and approve the plan before
1721 approving the lease. The state agency plan must, at a minimum,
1722 include the proposed use of the facility or parcel, the
1723 estimated cost of renovation, a capital improvement plan for the
1724 building, evidence that the facility or parcel meets an existing
1725 need that cannot otherwise be met, and other criteria adopted by
1726 rule of the board of trustees. The board of trustees or its
1727 designee shall compare the estimated value of the facility or
1728 parcel to any submitted business plan to determine if the lease
1729 or sale is in the best interest of the state. The board of
1730 trustees shall adopt rules pursuant to chapter 120 to implement
1731 this section. A state agency that has requested the use of a
1732 facility or parcel must secure the facility or parcel with a
1733 fully executed lease within 90 days after being notified that it
1734 may use such facility or parcel or the request is voidable.
1735 (8) The sale price of lands determined to be surplus
1736 pursuant to this section and s. 253.82 shall be determined by
1737 the Division of State Lands, which shall consider an appraisal
1738 of the property or, if the estimated value of the land is
1739 $500,000 or less, a comparable sales analysis or a broker’s
1740 opinion of value. The division may require a second appraisal.
1741 The individual or entity that requests to purchase the surplus
1742 parcel shall pay all costs associated with determining the
1743 property’s value, if any.
1744 (a) A written valuation of land determined to be surplus
1745 pursuant to this section and s. 253.82, and related documents
1746 used to form the valuation or which pertain to the valuation,
1747 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1748 I of the State Constitution.
1749 1. The exemption expires 2 weeks before the contract or
1750 agreement regarding the purchase, exchange, or disposal of the
1751 surplus land is first considered for approval by the board of
1752 trustees.
1753 2. Before expiration of the exemption, the Division of
1754 State Lands may disclose confidential and exempt appraisals,
1755 valuations, or valuation information regarding surplus land:
1756 a. During negotiations for the sale or exchange of the
1757 land;
1758 b. During the marketing effort or bidding process
1759 associated with the sale, disposal, or exchange of the land to
1760 facilitate closure of such effort or process;
1761 c. When the passage of time has made the conclusions of
1762 value invalid; or
1763 d. When negotiations or marketing efforts concerning the
1764 land are concluded.
1765 (b) A unit of government that acquires title to lands
1766 pursuant to this section for less than appraised value may not
1767 sell or transfer title to all or any portion of the lands to any
1768 private owner for 10 years. A unit of government seeking to
1769 transfer or sell lands pursuant to this paragraph must first
1770 allow the board of trustees to reacquire such lands for the
1771 price at which the board of trustees sold such lands.
1772 (9) Parcels with a market value over $500,000 must be
1773 initially offered for sale by competitive bid. Any parcels
1774 unsuccessfully offered for sale by competitive bid, and parcels
1775 with a market value of $500,000 or less, may be sold by any
1776 reasonable means, including procuring real estate services, open
1777 or exclusive listings, competitive bid, auction, negotiated
1778 direct sales, or other appropriate services, to facilitate the
1779 sale.
1780 (10) After reviewing the recommendations of the Acquisition
1781 and Restoration Council, the board of trustees shall determine
1782 whether conservation lands identified for surplus should be held
1783 for other public purposes or are no longer needed. The board of
1784 trustees may require an agency to release its interest in such
1785 lands. An entity approved to use conservation lands by the board
1786 of trustees must secure the property under a fully executed
1787 lease within 90 days after being notified that it may use such
1788 property or the request is voidable.
1789 (11) Requests to surplus lands may be made by any public or
1790 private entity or person and shall be determined by the board of
1791 trustees. All requests to surplus conservation lands shall be
1792 submitted to the lead managing agency for review and
1793 recommendation to the Acquisition and Restoration Council, and
1794 all requests to surplus nonconservation lands shall be submitted
1795 to the Division of State Lands for review and recommendation to
1796 the board of trustees. The lead managing agencies shall review
1797 such requests and make recommendations to the council within 90
1798 days after receipt of the requests. Any requests to surplus
1799 conservation lands that are not acted upon within the 90-day
1800 period shall be immediately scheduled for hearing at the next
1801 regularly scheduled meeting of the council. Requests to surplus
1802 lands shall be considered by the board of trustees within 60
1803 days after receipt of the requests from the council or division.
1804 Requests to surplus lands pursuant to this subsection are not
1805 required to be offered to state agencies as provided in
1806 subsection (7).
1807 (12) Proceeds from the sale of surplus conservation lands
1808 purchased before July 1, 2015, shall be deposited into the
1809 Florida Forever Trust Fund.
1810 (13) Proceeds from the sale of surplus conservation lands
1811 purchased on or after July 1, 2015, shall be deposited into the
1812 Land Acquisition Trust Fund, except when such lands were
1813 purchased with funds other than those from the Land Acquisition
1814 Trust Fund or a land acquisition trust fund created to implement
1815 s. 28, Art. X of the State Constitution, the proceeds shall be
1816 deposited into the fund from which the lands were purchased.
1817 (14) Funds received from the sale of surplus
1818 nonconservation lands or lands that were acquired by gift, by
1819 donation, or for no consideration shall be deposited into the
1820 Internal Improvement Trust Fund.
1821 (15) Notwithstanding this section, such disposition of land
1822 may not be made if it would have the effect of causing all or
1823 any portion of the interest on any revenue bonds issued to lose
1824 the exclusion from gross income for federal income tax purposes.
1825 (16) The sale of filled, formerly submerged land that does
1826 not exceed 5 acres in area is not subject to review by the
1827 Acquisition and Restoration Council.
1828 (17) The board of trustees may adopt rules to administer
1829 this section, including procedures for administering surplus
1830 land requests and criteria for when the Division of State Lands
1831 may approve requests to surplus nonconservation lands on behalf
1832 of the board of trustees.
1833 (18) Surplus lands that are conveyed to a local government
1834 for affordable housing shall be disposed of by the local
1835 government under s. 125.379 or s. 166.0451.
1836 Section 7. Section 253.111, Florida Statutes, is amended to
1837 read:
1838 253.111 Riparian owners of land Notice to board of county
1839 commissioners before sale.—The Board of Trustees of the Internal
1840 Improvement Trust Fund of the state may not sell any land to
1841 which they hold title unless and until they afford an
1842 opportunity to the county in which such land is situated to
1843 receive such land on the following terms and conditions:
1844 (1) If an application is filed with the board requesting
1845 that they sell certain land to which they hold title and the
1846 board decides to sell such land or if the board, without such
1847 application, decides to sell such land, the board shall, before
1848 consideration of any private offers, notify the board of county
1849 commissioners of the county in which such land is situated that
1850 such land is available to such county. Such notification shall
1851 be given by registered mail, return receipt requested.
1852 (2) The board of county commissioners of the county in
1853 which such land is situated shall, within 40 days after receipt
1854 of such notification from the board, determine by resolution
1855 whether or not it proposes to acquire such land.
1856 (3) If the board receives, within 45 days after notice is
1857 given to the board of county commissioners pursuant to
1858 subsection (1), the certified copy of the resolution provided
1859 for in subsection (2), the board shall forthwith convey to the
1860 county such land at a price that is equal to its appraised
1861 market value established by generally accepted professional
1862 standards for real estate appraisal and subject to such other
1863 terms and conditions as the board determines.
1864 (4) Nothing in this section restricts any right otherwise
1865 granted to the board by this chapter to convey land to which
1866 they hold title to the state or any department, office,
1867 authority, board, bureau, commission, institution, court,
1868 tribunal, agency, or other instrumentality of or under the
1869 state. The word “land” as used in this act means all lands
1870 vested in the Board of Trustees of the Internal Improvement
1871 Trust Fund.
1872 (1)(5) If a any riparian owner exists with respect to any
1873 land to be sold by the board of trustees, such riparian owner
1874 shall have a right to secure such land, which right is prior in
1875 interest to the right in the county created by this section,
1876 provided that such riparian owner shall be required to pay for
1877 such land upon such prices, terms, and conditions as determined
1878 by the board of trustees. Such riparian owner may waive this
1879 prior right, in which case this section shall apply.
1880 (2)(6) This section does not apply to:
1881 (a) Any land exchange approved by the board of trustees;
1882 (b) The conveyance of any lands located within the
1883 Everglades Agricultural Area; or
1884 (c) Lands managed pursuant to ss. 253.781-253.785.
1885 Section 8. Section 253.42, Florida Statutes, is amended to
1886 read:
1887 253.42 Board of trustees may exchange lands.—The provisions
1888 of This section applies apply to all lands owned by, vested in,
1889 or titled in the name of the board of trustees whether the lands
1890 were acquired by the state as a purchase, or through gift,
1891 donation, or any other conveyance for which no consideration was
1892 paid.
1893 (1) The board of trustees may exchange any lands owned by,
1894 vested in, or titled in its the name of the board for other
1895 lands in the state owned by counties, local governments,
1896 individuals, or private or public corporations, and may fix the
1897 terms and conditions of any such exchange. Any nonconservation
1898 lands that were acquired by the state through gift, donation, or
1899 any other conveyance for which no consideration was paid must
1900 first be offered at no cost to a county or local government
1901 unless otherwise provided in a deed restriction of record or
1902 other legal impediment, and so long as the use proposed by the
1903 county or local government is for a public purpose. For
1904 conservation lands acquired by the state through gift, donation,
1905 or any other conveyance for which no consideration was paid, the
1906 state may request land of equal conservation value from the
1907 county or local government but no other consideration.
1908 (2) In exchanging state-owned lands not acquired by the
1909 state through gift, donation, or any other conveyance for which
1910 no consideration was paid, with counties or local governments,
1911 the board of trustees shall require an exchange of equal value.
1912 Equal value is defined as the conservation benefit of the lands
1913 being offered for exchange by a county or local government being
1914 equal or greater in conservation benefit than the state-owned
1915 lands. Such exchanges may include cash transactions if based on
1916 an appropriate measure of value of the state-owned land, but
1917 must also include the determination of a net-positive
1918 conservation benefit by the Acquisition and Restoration Council,
1919 irrespective of appraised value.
1920 (3) The board of trustees shall select and agree upon the
1921 state lands to be exchanged and the lands to be conveyed to the
1922 state and shall pay or receive any sum of money the board of
1923 trustees deems deemed necessary by the board for the purpose of
1924 equalizing the value of the exchanged property. The board of
1925 trustees is authorized to make and enter into contracts or
1926 agreements for such purpose or purposes.
1927 (4)(a) A person who owns land contiguous to state-owned
1928 land titled to the board of trustees may submit a request to the
1929 Division of State Lands to exchange all or a portion of the
1930 privately owned land for all or a portion of the state-owned
1931 land, whereby the state retains a permanent conservation
1932 easement over all or a portion of the exchanged state-owned land
1933 and a permanent conservation easement over all or a portion of
1934 the exchanged privately owned land. State-owned land exchanged
1935 pursuant to this subsection shall be contiguous to the privately
1936 owned land upon which the state retains a permanent conservation
1937 easement. If the division elects to proceed with a request, the
1938 division must submit the request to the Acquisition and
1939 Restoration Council for review and the council must provide
1940 recommendations to the division. If the division elects to
1941 forward a request to the board of trustees, the division must
1942 provide its recommendations and the recommendations of the
1943 council to the board. This subsection does not apply to state
1944 owned sovereign submerged land.
1945 (b) After receiving a request and the division’s
1946 recommendations, the board of trustees shall consider such
1947 request and recommendations and may approve the request if:
1948 1. At least 30 percent of the perimeter of the privately
1949 owned land is bordered by state-owned land and the exchange does
1950 not create an inholding.
1951 2. The approval does not result in a violation of the terms
1952 of a preexisting lease or agreement by the board of trustees,
1953 the Department of Environmental Protection, the Department of
1954 Agriculture and Consumer Services, or the Fish and Wildlife
1955 Conservation Commission.
1956 3. For state-owned land purchased for conservation
1957 purposes, the board of trustees makes a determination that the
1958 exchange of land under this subsection will result in a net
1959 positive conservation benefit.
1960 4. The approval does not conflict with any existing flowage
1961 easement.
1962 5. The request is approved by three or more members of the
1963 board of trustees.
1964 (c) Special consideration shall be given to a request that
1965 maintains public access for any recreational purpose allowed on
1966 the state-owned land at the time the request is submitted to the
1967 board of trustees. A person who maintains public access pursuant
1968 to this paragraph is entitled to the limitation on liability
1969 provided in s. 375.251.
1970 (d) Land subject to a permanent conservation easement
1971 granted pursuant to this subsection is subject to inspection by
1972 the Department of Environmental Protection to ensure compliance
1973 with the terms of the permanent conservation easement.
1974 Section 9. Subsection (2) of section 253.782, Florida
1975 Statutes, is amended to read:
1976 253.782 Retention of state-owned lands in and around Lake
1977 Rousseau and the Cross Florida Barge Canal right-of-way from
1978 Lake Rousseau west to the Withlacoochee River.—
1979 (2) The Department of Environmental Protection is
1980 authorized and directed to retain ownership of and maintain all
1981 lands or interests in land owned by the Board of Trustees of the
1982 Internal Improvement Trust Fund, including all fee and less than
1983 fee less-than-fee interests in lands previously owned by the
1984 canal authority in Lake Rousseau and the Cross Florida Barge
1985 Canal right-of-way from Lake Rousseau at U.S. Highway 41 west to
1986 and including the Withlacoochee River.
1987 Section 10. Section 253.7821, Florida Statutes, is amended
1988 to read:
1989 253.7821 Cross Florida Greenways State Recreation and
1990 Conservation Area assigned to the Department of Environmental
1991 Protection Office of the Executive Director.—The Cross Florida
1992 Greenways State Recreation and Conservation Area is hereby
1993 established and is initially assigned to the department Office
1994 of Greenways Management within the Office of the Secretary. The
1995 department office shall manage the greenways pursuant to the
1996 department’s existing statutory authority until administrative
1997 rules are adopted by the department. However, the provisions of
1998 this act shall control in any conflict between this act and any
1999 other authority of the department.
2000 Section 11. Section 253.87, Florida Statutes, is created to
2001 read:
2002 253.87 Inventory of state, federal, and local government
2003 conservation lands by the Department of Environmental
2004 Protection.—
2005 (1) By July 1, 2018, the department shall include in the
2006 Florida State-Owned Lands and Records Information System (FL
2007 SOLARIS) database all federally owned conservation lands in the
2008 state, all lands on which the Federal Government retains a
2009 permanent conservation easement in the state, and all lands on
2010 which the state retains a permanent conservation easement. The
2011 department shall update the database at least every 5 years.
2012 (2) By July 1, 2018, for counties and municipalities, and
2013 by July 1, 2019, for financially disadvantaged small
2014 communities, as defined in s. 403.1838, and at least every 5
2015 years thereafter, respectively, each county, municipality, and
2016 financially disadvantaged small community shall identify all
2017 conservation lands that it owns in fee simple and all lands on
2018 which it retains a permanent conservation easement and submit,
2019 in a manner determined by the department, a list of such lands
2020 to the department. Within 6 months after receiving such list,
2021 the department shall add such lands to the FL-SOLARIS database.
2022 (3) By January 1, 2018, the department shall conduct a
2023 study and submit a report to the Governor, the President of the
2024 Senate, and the Speaker of the House of Representatives on the
2025 technical and economic feasibility of including the following
2026 lands in the FL-SOLARIS database or a similar public lands
2027 inventory:
2028 (a) All lands on which local comprehensive plans, land use
2029 restrictions, zoning ordinances, or land development regulations
2030 prohibit the land from being developed or limit the amount of
2031 development to one unit per 40 or more acres.
2032 (b) All publicly and privately owned lands for which
2033 development rights have been transferred.
2034 (c) All privately owned lands under a permanent
2035 conservation easement.
2036 (d) All lands owned by a nonprofit or nongovernmental
2037 organization for conservation purposes.
2038 (e) All lands that are part of a mitigation bank.
2039 Section 12. Section 259.01, Florida Statutes, is amended to
2040 read:
2041 259.01 Short title.—This chapter shall be known and may be
2042 cited as the “Land Conservation Program Act of 1972.”
2043 Section 13. Section 259.02, Florida Statutes, is repealed.
2044 Section 14. Subsections (6), (7), and (8) and paragraphs
2045 (a) and (d) of section (9) of section 259.032, Florida Statutes,
2046 are amended to read:
2047 259.032 Conservation and recreation lands.—
2048 (6) Conservation and recreation lands are subject to the
2049 selection procedures of s. 259.035 and related rules and shall
2050 be acquired in accordance with acquisition procedures for state
2051 lands provided for in s. 253.025 259.041, except as otherwise
2052 provided by the Legislature. An inholding or an addition to
2053 conservation and recreation lands is not subject to the
2054 selection procedures of s. 259.035 if the estimated value of
2055 such inholding or addition does not exceed $500,000. When at
2056 least 90 percent of the acreage of a project has been purchased
2057 for conservation and recreation purposes, the project may be
2058 removed from the list and the remaining acreage may continue to
2059 be purchased. Funds appropriated to acquire conservation and
2060 recreation lands may be used for title work, appraisal fees,
2061 environmental audits, and survey costs related to acquisition
2062 expenses for lands to be acquired, donated, or exchanged which
2063 qualify under the categories of this section, at the discretion
2064 of the board. When the Legislature has authorized the department
2065 of Environmental Protection to condemn a specific parcel of land
2066 and such parcel has already been approved for acquisition, the
2067 land may be acquired in accordance with the provisions of
2068 chapter 73 or chapter 74, and the funds appropriated to acquire
2069 conservation and recreation lands may be used to pay the
2070 condemnation award and all costs, including reasonable attorney
2071 fees, associated with condemnation.
2072 (7) All lands managed under this chapter and s. 253.034
2073 shall be:
2074 (a) Managed in a manner that will provide the greatest
2075 combination of benefits to the public and to the resources.
2076 (b) Managed for public outdoor recreation which is
2077 compatible with the conservation and protection of public lands.
2078 Such management may include, but not be limited to, the
2079 following public recreational uses: fishing, hunting, camping,
2080 bicycling, hiking, nature study, swimming, boating, canoeing,
2081 horseback riding, diving, model hobbyist activities, birding,
2082 sailing, jogging, and other related outdoor activities
2083 compatible with the purposes for which the lands were acquired.
2084 (c) Managed for the purposes for which the lands were
2085 acquired, consistent with paragraph (9)(a).
2086 (c)(d) Concurrent with its adoption of the annual list of
2087 acquisition projects pursuant to s. 259.035, the board of
2088 trustees shall adopt a management prospectus for each project.
2089 The management prospectus shall delineate:
2090 1. The management goals for the property;
2091 2. The conditions that will affect the intensity of
2092 management;
2093 3. An estimate of the revenue-generating potential of the
2094 property, if appropriate;
2095 4. A timetable for implementing the various stages of
2096 management and for providing access to the public, if
2097 applicable;
2098 5. A description of potential multiple-use activities as
2099 described in this section and s. 253.034;
2100 6. Provisions for protecting existing infrastructure and
2101 for ensuring the security of the project upon acquisition;
2102 7. The anticipated costs of management and projected
2103 sources of revenue, including legislative appropriations, to
2104 fund management needs; and
2105 8. Recommendations as to how many employees will be needed
2106 to manage the property, and recommendations as to whether local
2107 governments, volunteer groups, the former landowner, or other
2108 interested parties can be involved in the management.
2109 (d)(e) Concurrent with the approval of the acquisition
2110 contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
2111 interest in lands except those lands being acquired pursuant to
2112 under the provisions of s. 259.1052, the board of trustees shall
2113 designate an agency or agencies to manage such lands. The board
2114 shall evaluate and amend, as appropriate, the management policy
2115 statement for the project as provided by s. 259.035 to ensure
2116 that the policy statement is compatible with conservation,
2117 recreation, or both, consistent with the purposes for which the
2118 lands are acquired. For any fee simple acquisition of a parcel
2119 which is or will be leased back for agricultural purposes, or
2120 any acquisition of a less than fee less-than-fee interest in
2121 land that is or will be used for agricultural purposes, the
2122 board of trustees of the Internal Improvement Trust Fund shall
2123 first consider having a soil and water conservation district,
2124 created pursuant to chapter 582, manage and monitor such
2125 interests.
2126 (e)(f) State agencies designated to manage lands acquired
2127 under this chapter or with funds deposited into the Land
2128 Acquisition Trust Fund, except those lands acquired under s.
2129 259.1052, may contract with local governments and soil and water
2130 conservation districts to assist in management activities,
2131 including the responsibility of being the lead land manager.
2132 Such land management contracts may include a provision for the
2133 transfer of management funding to the local government or soil
2134 and water conservation district from the land acquisition trust
2135 fund of the lead land managing agency in an amount adequate for
2136 the local government or soil and water conservation district to
2137 perform its contractual land management responsibilities and
2138 proportionate to its responsibilities, and which otherwise would
2139 have been expended by the state agency to manage the property.
2140 (f)(g) Immediately following the acquisition of any
2141 interest in conservation and recreation lands, the department of
2142 Environmental Protection, acting on behalf of the board of
2143 trustees, may issue to the lead managing entity an interim
2144 assignment letter to be effective until the execution of a
2145 formal lease.
2146 (8)(a) State, regional, or local governmental agencies or
2147 private entities designated to manage lands under this section
2148 shall develop and adopt, with the approval of the board of
2149 trustees, an individual management plan for each project
2150 designed to conserve and protect such lands and their associated
2151 natural resources. Private sector involvement in management plan
2152 development may be used to expedite the planning process.
2153 (b) Individual management plans required by s. 253.034(5),
2154 for parcels over 160 acres, shall be developed with input from
2155 an advisory group. Members of this advisory group shall include,
2156 at a minimum, representatives of the lead land managing agency,
2157 comanaging entities, local private property owners, the
2158 appropriate soil and water conservation district, a local
2159 conservation organization, and a local elected official. If
2160 habitat or potentially restorable habitat for imperiled species
2161 is located on state lands, the Fish and Wildlife Conservation
2162 Commission and the Department of Agriculture and Consumer
2163 Services shall be included on any advisory group required under
2164 chapter 253, and the short-term and long-term management goals
2165 required under chapter 253 must advance the goals and objectives
2166 of imperiled species management without restricting other uses
2167 identified in the management plan. The advisory group shall
2168 conduct at least one public hearing within the county in which
2169 the parcel or project is located. For those parcels or projects
2170 that are within more than one county, at least one areawide
2171 public hearing shall be acceptable and the lead managing agency
2172 shall invite a local elected official from each county. The
2173 areawide public hearing shall be held in the county in which the
2174 core parcels are located. Notice of such public hearing shall be
2175 posted on the parcel or project designated for management,
2176 advertised in a paper of general circulation, and announced at a
2177 scheduled meeting of the local governing body before the actual
2178 public hearing. The management prospectus required pursuant to
2179 paragraph (7)(c) (7)(d) shall be available to the public for a
2180 period of 30 days before prior to the public hearing.
2181 (c) Once a plan is adopted, the managing agency or entity
2182 shall update the plan at least every 10 years in a form and
2183 manner adopted prescribed by rule of the board of trustees. Such
2184 updates, for parcels over 160 acres, shall be developed with
2185 input from an advisory group. Such plans may include transfers
2186 of leasehold interests to appropriate conservation organizations
2187 or governmental entities designated by the Land Acquisition and
2188 Management Advisory council or its successor, for uses
2189 consistent with the purposes of the organizations and the
2190 protection, preservation, conservation, restoration, and proper
2191 management of the lands and their resources. Volunteer
2192 management assistance is encouraged, including, but not limited
2193 to, assistance by youths participating in programs sponsored by
2194 state or local agencies, by volunteers sponsored by
2195 environmental or civic organizations, and by individuals
2196 participating in programs for committed delinquents and adults.
2197 (d)1. For each project for which lands are acquired after
2198 July 1, 1995, an individual management plan shall be adopted and
2199 in place no later than 1 year after the essential parcel or
2200 parcels identified in the priority list developed pursuant to s.
2201 259.105 have been acquired. The department of Environmental
2202 Protection shall distribute only 75 percent of the acquisition
2203 funds to which a budget entity or water management district
2204 would otherwise be entitled to any budget entity or any water
2205 management district that has more than one-third of its
2206 management plans overdue.
2207 2. The requirements of subparagraph 1. do not apply to the
2208 individual management plan for the Babcock Crescent B Ranch
2209 being acquired pursuant to s. 259.1052. The management plan for
2210 the ranch shall be adopted and in place no later than 2 years
2211 following the date of acquisition by the state.
2212 (e) Individual management plans shall conform to the
2213 appropriate policies and guidelines of the state land management
2214 plan and shall include, but not be limited to:
2215 1. A statement of the purpose for which the lands were
2216 acquired, the projected use or uses as defined in s. 253.034,
2217 and the statutory authority for such use or uses.
2218 2. Key management activities necessary to achieve the
2219 desired outcomes, including, but not limited to, providing
2220 public access, preserving and protecting natural resources,
2221 protecting cultural and historical resources, restoring habitat,
2222 protecting threatened and endangered species, controlling the
2223 spread of nonnative plants and animals, performing prescribed
2224 fire activities, and other appropriate resource management.
2225 3. A specific description of how the managing agency plans
2226 to identify, locate, protect, and preserve, or otherwise use
2227 fragile, nonrenewable natural and cultural resources.
2228 4. A priority schedule for conducting management
2229 activities, based on the purposes for which the lands were
2230 acquired.
2231 5. A cost estimate for conducting priority management
2232 activities, to include recommendations for cost-effective
2233 methods of accomplishing those activities.
2234 6. A cost estimate for conducting other management
2235 activities which would enhance the natural resource value or
2236 public recreation value for which the lands were acquired. The
2237 cost estimate shall include recommendations for cost-effective
2238 methods of accomplishing those activities.
2239 7. A determination of the public uses and public access
2240 that would be compatible with conservation, recreation, or both
2241 that would be consistent with the purposes for which the lands
2242 were acquired.
2243 (f) The Division of State Lands shall submit a copy of each
2244 individual management plan for parcels which exceed 160 acres in
2245 size to each member of the Acquisition and Restoration council,
2246 which shall:
2247 1. Within 60 days after receiving a plan from the Division
2248 of State Lands, review each plan for compliance with the
2249 requirements of this subsection and with the requirements of the
2250 rules adopted established by the board pursuant to this
2251 subsection.
2252 2. Consider the propriety of the recommendations of the
2253 managing agency with regard to the future use or protection of
2254 the property.
2255 3. After its review, submit the plan, along with its
2256 recommendations and comments, to the board of trustees, with
2257 recommendations as to whether to approve the plan as submitted,
2258 approve the plan with modifications, or reject the plan.
2259 (g) The board of trustees shall consider the individual
2260 management plan submitted by each state agency and the
2261 recommendations of the Acquisition and Restoration council and
2262 the department Division of State Lands and shall approve the
2263 plan with or without modification or reject such plan. The use
2264 or possession of any lands owned by the board of trustees which
2265 is not in accordance with an approved individual management plan
2266 is subject to termination by the board of trustees.
2267
2268 By July 1 of each year, each governmental agency and each
2269 private entity designated to manage lands shall report to the
2270 Secretary of Environmental Protection on the progress of
2271 funding, staffing, and resource management of every project for
2272 which the agency or entity is responsible.
2273 (9)(a) The Legislature recognizes that acquiring lands
2274 pursuant to this chapter serves the public interest by
2275 protecting land, air, and water resources which contribute to
2276 the public health and welfare, providing areas for natural
2277 resource based recreation, and ensuring the survival of unique
2278 and irreplaceable plant and animal species. The Legislature
2279 intends for these lands to be managed and maintained in a manner
2280 that is compatible with conservation, recreation, or both,
2281 consistent with the land management plan for the purposes for
2282 which they were acquired and for the public to have access to
2283 and use of these lands if public access where it is consistent
2284 with acquisition purposes and would not harm the resources the
2285 state is seeking to protect on the public’s behalf.
2286 (d) Up to one-fifth of the funds appropriated for the
2287 purposes identified in paragraph (b) shall be reserved by the
2288 board of trustees for interim management of acquisitions and for
2289 associated contractual services, to ensure the conservation and
2290 protection of natural resources on project sites and to allow
2291 limited public recreational use of lands. Interim management
2292 activities may include, but not be limited to, resource
2293 assessments, control of invasive, nonnative species, habitat
2294 restoration, fencing, law enforcement, controlled burning, and
2295 public access consistent with preliminary determinations made
2296 pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
2297 make these interim funds available immediately upon purchase.
2298 Section 15. Subsection (3) and paragraph (a) of subsection
2299 (4) of section 259.035, Florida Statutes, are amended to read:
2300 259.035 Acquisition and Restoration Council.—
2301 (3) The council shall provide assistance to the board of
2302 trustees in reviewing the recommendations and plans for state
2303 owned conservation lands required under s. 253.034 and this
2304 chapter. The council shall, in reviewing such recommendations
2305 and plans, consider the optimization of multiple-use and
2306 conservation strategies to accomplish the provisions funded
2307 pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
2308 to s. 259.105(3)(b).
2309 (4)(a) By December 1, 2016, the Acquisition and Restoration
2310 council shall develop rules defining specific criteria and
2311 numeric performance measures needed for lands that are to be
2312 acquired for public purpose under the Florida Forever program
2313 pursuant to s. 259.105 or with funds deposited into the Land
2314 Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
2315 Constitution. These rules shall be reviewed and adopted by the
2316 board, then submitted to the Legislature for consideration by
2317 February 1, 2017. The Legislature may reject, modify, or take no
2318 action relative to the proposed rules. If no action is taken,
2319 the rules shall be implemented. Subsequent to their approval,
2320 each recipient of funds from the Land Acquisition Trust Fund
2321 shall annually report to the department Division of State Lands
2322 on each of the numeric performance measures accomplished during
2323 the previous fiscal year.
2324 Section 16. Subsections (1), (2), (4), and (5) of section
2325 259.036, Florida Statutes, are amended to read:
2326 259.036 Management review teams.—
2327 (1) To determine whether conservation, preservation, and
2328 recreation lands titled in the name of the board of Trustees of
2329 the Internal Improvement Trust Fund are being managed for the
2330 purposes that are compatible with conservation, preservation, or
2331 recreation for which they were acquired and in accordance with a
2332 land management plan adopted pursuant to s. 259.032, the board
2333 of trustees, acting through the department of Environmental
2334 Protection, shall cause periodic management reviews to be
2335 conducted as follows:
2336 (a) The department shall establish a regional land
2337 management review team composed of the following members:
2338 1. One individual who is from the county or local community
2339 in which the parcel or project is located and who is selected by
2340 the county commission in the county which is most impacted by
2341 the acquisition.
2342 2. One individual from the Division of Recreation and Parks
2343 of the department.
2344 3. One individual from the Florida Forest Service of the
2345 Department of Agriculture and Consumer Services.
2346 4. One individual from the Fish and Wildlife Conservation
2347 Commission.
2348 5. One individual from the department’s district office in
2349 which the parcel is located.
2350 6. A private land manager, preferably from the local
2351 community, mutually agreeable to the state agency
2352 representatives.
2353 7. A member or staff from the jurisdictional water
2354 management district or of the local soil and water conservation
2355 district board of supervisors.
2356 8. A member of a conservation organization.
2357 (b) The department staff of the Division of State Lands
2358 shall act as the review team coordinator for the purposes of
2359 establishing schedules for the reviews and other staff
2360 functions. The Legislature shall appropriate funds necessary to
2361 implement land management review team functions.
2362 (2) The land management review team shall review select
2363 management areas before prior to the date the manager is
2364 required to submit a 10-year land management plan update. For
2365 management areas that exceed 1,000 acres in size, the department
2366 Division of State Lands shall schedule a land management review
2367 at least every 5 years. A copy of the review shall be provided
2368 to the manager, the department Division of State Lands, and the
2369 Acquisition and Restoration council. The manager shall consider
2370 the findings and recommendations of the land management review
2371 team in finalizing the required 10-year update of its management
2372 plan.
2373 (4) In the event a land management plan has not been
2374 adopted within the timeframes specified in s. 259.032(8), the
2375 department may direct a management review of the property, to be
2376 conducted by the land management review team. The review shall
2377 consider the extent to which the land is being managed in a
2378 manner that is compatible with conservation, recreation, or both
2379 for the purposes for which it was acquired and the degree to
2380 which actual management practices are in compliance with the
2381 management policy statement and management prospectus for that
2382 property.
2383 (5) If the land management review team determines that
2384 reviewed lands are not being managed in a manner that is
2385 compatible with conservation, recreation, or both, consistent
2386 for the purposes for which they were acquired or in compliance
2387 with the adopted land management plan, management policy
2388 statement, or management prospectus, or if the managing agency
2389 fails to address the review findings in the updated management
2390 plan, the department shall provide the review findings to the
2391 board, and the managing agency must report to the board its
2392 reasons for managing the lands as it has.
2393 Section 17. Section 259.037, Florida Statutes, is amended
2394 to read:
2395 259.037 Land Management Uniform Accounting Council.—
2396 (1) The Land Management Uniform Accounting Council (LMUAC)
2397 is created within the Department of Environmental Protection and
2398 shall consist of the director of the Division of State Lands,
2399 the director of the Division of Recreation and Parks, and the
2400 director of the Office of Coastal and Aquatic Managed Areas, and
2401 the director of the Office of Greenways and Trails of the
2402 department of Environmental Protection; the director of the
2403 Florida Forest Service of the Department of Agriculture and
2404 Consumer Services; the executive director of the Fish and
2405 Wildlife Conservation Commission; and the director of the
2406 Division of Historical Resources of the Department of State, or
2407 their respective designees. Each state agency represented on the
2408 LMUAC council shall have one vote. The chair of the LMUAC
2409 council shall rotate annually in the foregoing order of state
2410 agencies. The agency of the representative serving as chair of
2411 the council shall provide staff support for the LMUAC council.
2412 The Division of State Lands shall serve as the recipient of and
2413 repository for the LMUAC’s council’s documents. The LMUAC
2414 council shall meet at the request of the chair.
2415 (2) The Auditor General and the director of the Office of
2416 Program Policy Analysis and Government Accountability, or their
2417 designees, shall advise the LMUAC council to ensure that
2418 appropriate accounting procedures are used utilized and that a
2419 uniform method of collecting and reporting accurate costs of
2420 land management activities are created and can be used by all
2421 agencies.
2422 (3)(a) All land management activities and costs must be
2423 assigned to a specific category, and any single activity or cost
2424 may not be assigned to more than one category. Administrative
2425 costs, such as planning or training, shall be segregated from
2426 other management activities. Specific management activities and
2427 costs must initially be grouped, at a minimum, within the
2428 following categories:
2429 1. Resource management.
2430 2. Administration.
2431 3. Support.
2432 4. Capital improvements.
2433 5. Recreation visitor services.
2434 6. Law enforcement activities.
2435
2436 Upon adoption of the initial list of land management categories
2437 by the LMUAC council, agencies assigned to manage conservation
2438 or recreation lands shall, on July 1, 2000, begin to account for
2439 land management costs in accordance with the category to which
2440 an expenditure is assigned.
2441 (b) Each reporting agency shall also:
2442 1. Include a report of the available public use
2443 opportunities for each management unit of state land, the total
2444 management cost for public access and public use, and the cost
2445 associated with each use option.
2446 2. List the acres of land requiring minimal management
2447 effort, moderate management effort, and significant management
2448 effort pursuant to s. 259.032(9)(c). For each category created
2449 in paragraph (a), the reporting agency shall include the amount
2450 of funds requested, the amount of funds received, and the amount
2451 of funds expended for land management.
2452 3. List acres managed and cost of management for each park,
2453 preserve, forest, reserve, or management area.
2454 4. List acres managed, cost of management, and lead manager
2455 for each state lands management unit for which secondary
2456 management activities were provided.
2457 5. Include a report of the estimated calculable financial
2458 benefits to the public for the ecosystem services provided by
2459 conservation lands, based on the best readily available
2460 information or science that provides a standard measurement
2461 methodology to be consistently applied by the land managing
2462 agencies. Such information may include, but need not be limited
2463 to, the value of natural lands for protecting the quality and
2464 quantity of drinking water through natural water filtration and
2465 recharge, contributions to protecting and improving air quality,
2466 benefits to agriculture through increased soil productivity and
2467 preservation of biodiversity, and savings to property and lives
2468 through flood control.
2469 (4) The LMUAC council shall provide a report of the
2470 agencies’ expenditures pursuant to the adopted categories to the
2471 Acquisition and Restoration Council and the Division of State
2472 Lands for inclusion in its annual report required pursuant to s.
2473 259.036.
2474 (5) Should the LMUAC council determine that the list of
2475 land management categories needs to be revised, it shall meet
2476 upon the call of the chair.
2477 (6) Biennially, each reporting agency shall also submit an
2478 operational report for each management area along with an
2479 approved management plan. The report should assess the progress
2480 toward achieving short-term and long-term management goals of
2481 the approved management plan, including all land management
2482 activities, and identify any deficiencies in management and
2483 corrective actions to address identified deficiencies as
2484 appropriate. This report shall be submitted to the Acquisition
2485 and Restoration Council and the Division of State Lands for
2486 inclusion in its annual report required pursuant to s. 259.036.
2487 Section 18. Subsections (1) through (6) and subsections (8)
2488 through (19) of section 259.041, Florida Statutes, are repealed.
2489 Section 19. Subsection (2) of section 259.047, Florida
2490 Statutes, is amended to read:
2491 259.047 Acquisition of land on which an agricultural lease
2492 exists.—
2493 (2) If Where consistent with the purposes of conservation
2494 and recreation for which the property was acquired, the state or
2495 acquiring entity shall make reasonable efforts to keep lands in
2496 agricultural production which are in agricultural production at
2497 the time of acquisition.
2498 Section 20. Subsection (8) of section 259.101, Florida
2499 Statutes, is renumbered as subsection (7), and subsection (5),
2500 paragraph (a) of subsection (6), and present subsection (7) of
2501 that section are amended, to read:
2502 259.101 Florida Preservation 2000 Act.—
2503 (5) DISPOSITION OF LANDS.—
2504 (a) Any lands acquired pursuant to former paragraphs
2505 (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
2506 section, Florida Statutes 2014, if title to such lands is vested
2507 in the board of Trustees of the Internal Improvement Trust Fund,
2508 may be disposed of by the board of Trustees of the Internal
2509 Improvement Trust Fund in accordance with the provisions and
2510 procedures set forth in s. 253.0341 253.034(6), and lands
2511 acquired pursuant to former paragraph (3)(b) of this section,
2512 Florida Statutes 2014, may be disposed of by the owning water
2513 management district in accordance with the procedures and
2514 provisions set forth in ss. 373.056 and 373.089 provided such
2515 disposition also shall satisfy the requirements of paragraphs
2516 (b) and (c).
2517 (b) Before land acquired with Preservation 2000 funds may
2518 be surplused as required by s. 253.0341 253.034(6) or determined
2519 to be no longer required for its purposes under s. 373.056(4),
2520 as applicable, there shall first be a determination by the board
2521 of Trustees of the Internal Improvement Trust Fund, or, in the
2522 case of water management district lands, by the owning water
2523 management district, that such land no longer needs to be
2524 preserved in furtherance of the intent of the Florida
2525 Preservation 2000 Act. Any lands eligible to be disposed of
2526 under this procedure also may be used to acquire other lands
2527 through an exchange of lands if such lands obtained in an
2528 exchange are described in the same paragraph of former
2529 subsection (3) of this section, Florida Statutes 2014, as the
2530 lands disposed.
2531 (c) Revenue derived from the disposal of lands acquired
2532 with Preservation 2000 funds may not be used for any purpose
2533 except for deposit into the Florida Forever Trust Fund within
2534 the department of Environmental Protection, for recredit to the
2535 share held under former subsection (3) of this section, Florida
2536 Statutes 2014, in which such disposed land is described.
2537 (6) ALTERNATE USES OF ACQUIRED LANDS.—
2538 (a) The board of Trustees of the Internal Improvement Trust
2539 Fund, or, in the case of water management district lands, the
2540 owning water management district, may authorize the granting of
2541 a lease, easement, or license for the use of any lands acquired
2542 pursuant to former subsection (3) of this section, Florida
2543 Statutes 2014, for any governmental use permitted by s. 17, Art.
2544 IX of the State Constitution of 1885, as adopted by s. 9(a),
2545 Art. XII of the State Constitution, and any other incidental
2546 public or private use that is determined by the board or the
2547 owning water management district to be compatible with
2548 conservation, preservation, or recreation the purposes for which
2549 such lands were acquired.
2550 (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
2551 (a) The Legislature finds that, with the increasing
2552 pressures on the natural areas of this state, the state must
2553 develop creative techniques to maximize the use of acquisition
2554 and management moneys. The Legislature finds that the state’s
2555 environmental land-buying agencies should be encouraged to
2556 augment their traditional, fee simple acquisition programs with
2557 the use of alternatives to fee simple acquisition techniques.
2558 The Legislature also finds that using alternatives to fee simple
2559 acquisition by public land-buying agencies will achieve the
2560 following public policy goals:
2561 1. Allow more lands to be brought under public protection
2562 for preservation, conservation, and recreational purposes at
2563 less expense using public funds.
2564 2. Retain, on local government tax rolls, some portion of
2565 or interest in lands that are under public protection.
2566 3. Reduce long-term management costs by allowing private
2567 property owners to continue acting as stewards of the land, as
2568 appropriate.
2569
2570 Therefore, it is the intent of the Legislature that public land
2571 buying agencies develop programs to pursue alternatives to fee
2572 simple acquisition and to educate private landowners about such
2573 alternatives and the benefits of such alternatives. It also is
2574 the intent of the Legislature that the department and the water
2575 management districts spend a portion of their shares of
2576 Preservation 2000 bond proceeds to purchase eligible properties
2577 using alternatives to fee simple acquisition. Finally, it is the
2578 intent of the Legislature that public agencies acquire lands in
2579 fee simple for public access and recreational activities. Lands
2580 protected using alternatives to fee simple acquisition
2581 techniques may not be accessible to the public unless such
2582 access is negotiated with and agreed to by the private
2583 landowners who retain interests in such lands.
2584 (b) The Land Acquisition Advisory Council and the water
2585 management districts shall identify, within their 1997
2586 acquisition plans, those projects that require a full fee simple
2587 interest to achieve the public policy goals, along with the
2588 reasons why full title is determined to be necessary. The
2589 council and the water management districts may use alternatives
2590 to fee simple acquisition to bring the remaining projects in
2591 their acquisition plans under public protection. For the
2592 purposes of this subsection, the term “alternatives to fee
2593 simple acquisition” includes the purchase of development rights;
2594 conservation easements; flowage easements; the purchase of
2595 timber rights, mineral rights, or hunting rights; the purchase
2596 of agricultural interests or silvicultural interests; land
2597 protection agreements; fee simple acquisitions with
2598 reservations; or any other acquisition technique that achieves
2599 the public policy goals identified in paragraph (a). It is
2600 presumed that a private landowner retains the full range of uses
2601 for all the rights or interests in the landowner’s land which
2602 are not specifically acquired by the public agency. Life estates
2603 and fee simple acquisitions with leaseback provisions do not
2604 qualify as an alternative to fee simple acquisition under this
2605 subsection, although the department and the districts are
2606 encouraged to use such techniques if appropriate.
2607 (c) The department and each water management district shall
2608 implement initiatives to use alternatives to fee simple
2609 acquisition and to educate private landowners about such
2610 alternatives. These initiatives must include at least two
2611 acquisitions a year by the department and each water management
2612 district utilizing alternatives to fee simple.
2613 (d) The Legislature finds that the lack of direct sales
2614 comparison information has served as an impediment to successful
2615 implementation of alternatives to fee simple acquisition. It is
2616 the intent of the Legislature that, in the absence of direct
2617 comparable sales information, appraisals of alternatives to fee
2618 simple acquisitions be based on the difference between the full
2619 fee simple valuation and the value of the interests remaining
2620 with the seller after acquisition.
2621 (e) The public agency that has been assigned management
2622 responsibility shall inspect and monitor any less-than-fee
2623 simple interest according to the terms of the purchase agreement
2624 relating to such interest.
2625 (f) The department and the water management districts may
2626 enter into joint acquisition agreements to jointly fund the
2627 purchase of lands using alternatives to fee simple techniques.
2628 Section 21. Paragraph (a) of subsection (2), paragraphs (i)
2629 and (l) of subsection (3), subsections (10) and (13), paragraph
2630 (i) of subsection (15), and subsection (19) of section 259.105,
2631 Florida Statutes, are amended to read:
2632 259.105 The Florida Forever Act.—
2633 (2)(a) The Legislature finds and declares that:
2634 1. Land acquisition programs have provided tremendous
2635 financial resources for purchasing environmentally significant
2636 lands to protect those lands from imminent development or
2637 alteration, thereby ensuring present and future generations’
2638 access to important waterways, open spaces, and recreation and
2639 conservation lands.
2640 2. The continued alteration and development of the state’s
2641 Florida’s natural and rural areas to accommodate the state’s
2642 growing population have contributed to the degradation of water
2643 resources, the fragmentation and destruction of wildlife
2644 habitats, the loss of outdoor recreation space, and the
2645 diminishment of wetlands, forests, working landscapes, and
2646 coastal open space.
2647 3. The potential development of the state’s Florida’s
2648 remaining natural areas and escalation of land values require
2649 government efforts to restore, bring under public protection, or
2650 acquire lands and water areas to preserve the state’s essential
2651 ecological functions and invaluable quality of life.
2652 4. It is essential to protect the state’s ecosystems by
2653 promoting a more efficient use of land, to ensure opportunities
2654 for viable agricultural activities on working lands, and to
2655 promote vital rural and urban communities that support and
2656 produce development patterns consistent with natural resource
2657 protection.
2658 5. The state’s Florida’s groundwater, surface waters, and
2659 springs are under tremendous pressure due to population growth
2660 and economic expansion and require special protection and
2661 restoration efforts, including the protection of uplands and
2662 springsheds that provide vital recharge to aquifer systems and
2663 are critical to the protection of water quality and water
2664 quantity of the aquifers and springs. To ensure that sufficient
2665 quantities of water are available to meet the current and future
2666 needs of the natural systems and citizens of the state, and
2667 assist in achieving the planning goals of the department and the
2668 water management districts, water resource development projects
2669 on public lands, if where compatible with the resource values of
2670 and management objectives for the lands, are appropriate.
2671 6. The needs of urban, suburban, and small communities in
2672 the state Florida for high-quality outdoor recreational
2673 opportunities, greenways, trails, and open space have not been
2674 fully met by previous acquisition programs. Through such
2675 programs as the Florida Communities Trust and the Florida
2676 Recreation Development Assistance Program, the state shall place
2677 additional emphasis on acquiring, protecting, preserving, and
2678 restoring open space, ecological greenways, and recreation
2679 properties within urban, suburban, and rural areas where
2680 pristine natural communities or water bodies no longer exist
2681 because of the proximity of developed property.
2682 7. Many of the state’s Florida’s unique ecosystems, such as
2683 the Florida Everglades, are facing ecological collapse due to
2684 the state’s Florida’s burgeoning population growth and other
2685 economic activities. To preserve these valuable ecosystems for
2686 future generations, essential parcels of land must be acquired
2687 to facilitate ecosystem restoration.
2688 8. Access to public lands to support a broad range of
2689 outdoor recreational opportunities and the development of
2690 necessary infrastructure, if where compatible with the resource
2691 values of and management objectives for such lands, promotes an
2692 appreciation for the state’s Florida’s natural assets and
2693 improves the quality of life.
2694 9. Acquisition of lands, in fee simple, less than fee less
2695 than-fee interest, or other techniques shall be based on a
2696 comprehensive science-based assessment of the state’s Florida’s
2697 natural resources which targets essential conservation lands by
2698 prioritizing all current and future acquisitions based on a
2699 uniform set of data and planned so as to protect the integrity
2700 and function of ecological systems and working landscapes, and
2701 provide multiple benefits, including preservation of fish and
2702 wildlife habitat, recreation space for urban and rural areas,
2703 and the restoration of natural water storage, flow, and
2704 recharge.
2705 10. The state has embraced performance-based program
2706 budgeting as a tool to evaluate the achievements of publicly
2707 funded agencies, build in accountability, and reward those
2708 agencies which are able to consistently achieve quantifiable
2709 goals. While previous and existing state environmental programs
2710 have achieved varying degrees of success, few of these programs
2711 can be evaluated as to the extent of their achievements,
2712 primarily because performance measures, standards, outcomes, and
2713 goals were not established at the outset. Therefore, the Florida
2714 Forever program shall be developed and implemented in the
2715 context of measurable state goals and objectives.
2716 11. The state must play a major role in the recovery and
2717 management of its imperiled species through the acquisition,
2718 restoration, enhancement, and management of ecosystems that can
2719 support the major life functions of such species. It is the
2720 intent of the Legislature to support local, state, and federal
2721 programs that result in net benefit to imperiled species habitat
2722 by providing public and private land owners meaningful
2723 incentives for acquiring, restoring, managing, and repopulating
2724 habitats for imperiled species. It is the further intent of the
2725 Legislature that public lands, both existing and to be acquired,
2726 identified by the lead land managing agency, in consultation
2727 with the Florida Fish and Wildlife Conservation Commission for
2728 animals or the Department of Agriculture and Consumer Services
2729 for plants, as habitat or potentially restorable habitat for
2730 imperiled species, be restored, enhanced, managed, and
2731 repopulated as habitat for such species to advance the goals and
2732 objectives of imperiled species management for conservation,
2733 recreation, or both, consistent with the land management plan
2734 purposes for which such lands are acquired without restricting
2735 other uses identified in the management plan. It is also the
2736 intent of the Legislature that of the proceeds distributed
2737 pursuant to subsection (3), additional consideration be given to
2738 acquisitions that achieve a combination of conservation goals,
2739 including the restoration, enhancement, management, or
2740 repopulation of habitat for imperiled species. The Acquisition
2741 and Restoration council, in addition to the criteria in
2742 subsection (9), shall give weight to projects that include
2743 acquisition, restoration, management, or repopulation of habitat
2744 for imperiled species. The term “imperiled species” as used in
2745 this chapter and chapter 253, means plants and animals that are
2746 federally listed under the Endangered Species Act, or state
2747 listed by the Fish and Wildlife Conservation Commission or the
2748 Department of Agriculture and Consumer Services.
2749 a. As part of the state’s role, all state lands that have
2750 imperiled species habitat shall include as a consideration in
2751 management plan development the restoration, enhancement,
2752 management, and repopulation of such habitats. In addition, the
2753 lead land managing agency of such state lands may use fees
2754 received from public or private entities for projects to offset
2755 adverse impacts to imperiled species or their habitat in order
2756 to restore, enhance, manage, repopulate, or acquire land and to
2757 implement land management plans developed under s. 253.034 or a
2758 land management prospectus developed and implemented under this
2759 chapter. Such fees shall be deposited into a foundation or fund
2760 created by each land management agency under s. 379.223, s.
2761 589.012, or s. 259.032(9)(c), to be used solely to restore,
2762 manage, enhance, repopulate, or acquire imperiled species
2763 habitat.
2764 b. Where habitat or potentially restorable habitat for
2765 imperiled species is located on state lands, the Fish and
2766 Wildlife Conservation Commission and the Department of
2767 Agriculture and Consumer Services shall be included on any
2768 advisory group required under chapter 253, and the short-term
2769 and long-term management goals required under chapter 253 must
2770 advance the goals and objectives of imperiled species management
2771 consistent with the purposes for which the land was acquired
2772 without restricting other uses identified in the management
2773 plan.
2774 12. There is a need to change the focus and direction of
2775 the state’s major land acquisition programs and to extend
2776 funding and bonding capabilities, so that future generations may
2777 enjoy the natural resources of this state.
2778 (3) Less the costs of issuing and the costs of funding
2779 reserve accounts and other costs associated with bonds, the
2780 proceeds of cash payments or bonds issued pursuant to this
2781 section shall be deposited into the Florida Forever Trust Fund
2782 created by s. 259.1051. The proceeds shall be distributed by the
2783 department of Environmental Protection in the following manner:
2784 (i) Three and five-tenths percent to the Department of
2785 Agriculture and Consumer Services for the acquisition of
2786 agricultural lands, through perpetual conservation easements and
2787 other perpetual less than fee less-than-fee techniques, which
2788 will achieve the objectives of Florida Forever and s. 570.71.
2789 Rules concerning the application, acquisition, and priority
2790 ranking process for such easements shall be developed pursuant
2791 to s. 570.71(10) and as provided by this paragraph. The board
2792 shall ensure that such rules are consistent with the acquisition
2793 process provided for in s. 570.715 259.041. Provisions of The
2794 rules developed pursuant to s. 570.71(10), shall also provide
2795 for the following:
2796 1. An annual priority list shall be developed pursuant to
2797 s. 570.71(10), submitted to the Acquisition and Restoration
2798 council for review, and approved by the board pursuant to s.
2799 259.04.
2800 2. Terms of easements and acquisitions proposed pursuant to
2801 this paragraph shall be approved by the board and may shall not
2802 be delegated by the board to any other entity receiving funds
2803 under this section.
2804 3. All acquisitions pursuant to this paragraph shall
2805 contain a clear statement that they are subject to legislative
2806 appropriation.
2807
2808 No Funds provided under this paragraph may not shall be expended
2809 until final adoption of rules by the board pursuant to s.
2810 570.71.
2811 (l) For the purposes of paragraphs (e), (f), (g), and (h),
2812 the agencies that receive the funds shall develop their
2813 individual acquisition or restoration lists in accordance with
2814 specific criteria and numeric performance measures developed
2815 pursuant to s. 259.035(4). Proposed additions may be acquired if
2816 they are identified within the original project boundary, the
2817 management plan required pursuant to s. 253.034(5), or the
2818 management prospectus required pursuant to s. 259.032(7)(c)
2819 259.032(7)(d). Proposed additions not meeting the requirements
2820 of this paragraph shall be submitted to the Acquisition and
2821 Restoration council for approval. The council may only approve
2822 the proposed addition if it meets two or more of the following
2823 criteria: serves as a link or corridor to other publicly owned
2824 property; enhances the protection or management of the property;
2825 would add a desirable resource to the property; would create a
2826 more manageable boundary configuration; has a high resource
2827 value that otherwise would be unprotected; or can be acquired at
2828 less than fair market value.
2829 (10) The Acquisition and Restoration council shall give
2830 increased priority to:
2831 (a) those Projects for which matching funds are available.
2832 (b) and to Project elements previously identified on an
2833 acquisition list pursuant to this section that can be acquired
2834 at 80 percent or less of appraised value.
2835 (c) Projects that can be acquired in less than fee
2836 ownership, such as a permanent conservation easement.
2837 (d) Projects that contribute to improving the quality and
2838 quantity of surface water and groundwater.
2839 (e) Projects that contribute to improving the water quality
2840 and flow of springs.
2841 (f) The council shall also give increased priority to those
2842 Projects for which where the state’s land conservation plans
2843 overlap with the military’s need to protect lands, water, and
2844 habitat to ensure the sustainability of military missions
2845 including:
2846 1.(a) Protecting habitat on nonmilitary land for any
2847 species found on military land that is designated as threatened
2848 or endangered, or is a candidate for such designation under the
2849 Endangered Species Act or any Florida statute;
2850 2.(b) Protecting areas underlying low-level military air
2851 corridors or operating areas; and
2852 3.(c) Protecting areas identified as clear zones, accident
2853 potential zones, and air installation compatible use buffer
2854 zones delineated by our military partners, and for which federal
2855 or other funding is available to assist with the project.
2856 (13) An affirmative vote of at least five members of the
2857 Acquisition and Restoration council shall be required in order
2858 to place a proposed project submitted pursuant to subsection (7)
2859 on the proposed project list developed pursuant to subsection
2860 (8). Any member of the council who by family or a business
2861 relationship has a connection with any project proposed to be
2862 ranked shall declare such interest before prior to voting for a
2863 project’s inclusion on the list.
2864 (15) The Acquisition and Restoration council shall submit
2865 to the board of trustees, with its list of projects, a report
2866 that includes, but need shall not be limited to, the following
2867 information for each project listed:
2868 (i) A management policy statement for the project and a
2869 management prospectus pursuant to s. 259.032(7)(c)
2870 259.032(7)(d).
2871 (19) The Acquisition and Restoration council shall
2872 recommend adoption of rules by the board of trustees necessary
2873 to implement the provisions of this section relating to:
2874 solicitation, scoring, selecting, and ranking of Florida Forever
2875 project proposals; disposing of or leasing lands or water areas
2876 selected for funding through the Florida Forever program; and
2877 the process of reviewing and recommending for approval or
2878 rejection the land management plans associated with publicly
2879 owned properties. Rules promulgated pursuant to this subsection
2880 shall be submitted to the President of the Senate and the
2881 Speaker of the House of Representatives, for review by the
2882 Legislature, no later than 30 days prior to the 2010 Regular
2883 Session and shall become effective only after legislative
2884 review. In its review, the Legislature may reject, modify, or
2885 take no action relative to such rules. The board of trustees
2886 shall conform such rules to changes made by the Legislature, or,
2887 if no action was taken by the Legislature, such rules shall
2888 become effective.
2889 Section 22. Subsections (6) and (7) of section 259.1052,
2890 Florida Statutes, are amended to read:
2891 259.1052 Babcock Crescent B Ranch Florida Forever
2892 acquisition; conditions for purchase.—
2893 (6) In addition to distributions authorized under s.
2894 259.105(3), the Department of Environmental Protection is
2895 authorized to distribute $310 million in revenues from the
2896 Florida Forever Trust Fund. This distribution shall represent
2897 payment in full for the portion of the Babcock Crescent B Ranch
2898 to be acquired by the state under this section.
2899 (7) As used in this section, the term “state’s portion of
2900 the Babcock Crescent B Ranch” comprises those lands to be
2901 conveyed by special warranty deed to the Board of Trustees of
2902 the Internal Improvement Trust Fund under the provisions of the
2903 agreement for sale and purchase executed by the Board of
2904 Trustees of the Internal Improvement Trust Fund, the Fish and
2905 Wildlife Conservation Commission, the Department of Agriculture
2906 and Consumer Services, and the participating local government,
2907 as purchaser, and MSKP, III, a Florida corporation, as seller.
2908 Section 23. Section 570.715, Florida Statutes, is created,
2909 and subsection (7) of section 259.041, Florida Statutes, is
2910 transferred, renumbered as subsection (5) of section 570.715,
2911 Florida Statutes, and amended, to read:
2912 570.715 Conservation easement acquisition procedures.—
2913 (1) For less than fee simple acquisitions pursuant to s.
2914 570.71, the Department of Agriculture and Consumer Services
2915 shall comply with the following acquisition procedures:
2916 (a) Before conveyance of title by the department, evidence
2917 of marketable title in the form of a commitment for title
2918 insurance or an abstract of title with a title opinion shall be
2919 obtained.
2920 (b) Before approval by the board of trustees of an
2921 agreement to purchase less than fee simple title to land
2922 pursuant to s. 570.71, an appraisal of the parcel shall be
2923 required as follows:
2924 1. Each parcel to be acquired shall have at least one
2925 appraisal. Two appraisals are required when the estimated value
2926 of the parcel exceeds $1 million. However, when both appraisals
2927 exceed $1 million and differ significantly, a third appraisal
2928 may be obtained.
2929 2. Appraisal fees and associated costs shall be paid by the
2930 department. All appraisals used for the acquisition of less than
2931 fee simple interest in lands pursuant to this section shall be
2932 prepared by a state-certified appraiser who meets the standards
2933 and criteria established by rule of the board of trustees. Each
2934 appraiser selected to appraise a particular parcel shall, before
2935 contracting with the department or a participant in a multiparty
2936 agreement, submit to the department or participant an affidavit
2937 substantiating that he or she has no vested or fiduciary
2938 interest in such parcel.
2939 (c) A certified survey must be made that meets the minimum
2940 requirements for upland parcels established in the Standards of
2941 Practice for Land Surveying in Florida published by the
2942 department and that accurately portrays, to the greatest extent
2943 practicable, the condition of the parcel as it currently exists.
2944 The requirement for a certified survey may, in whole or in part,
2945 be waived by the board of trustees any time before acquisition
2946 of the less than fee simple interest. If an existing boundary
2947 map and description of a parcel are determined by the department
2948 to be sufficient for appraisal purposes, the department may
2949 temporarily waive the requirement for a survey until any time
2950 before conveyance of title to the parcel.
2951 (d) On behalf of the board of trustees and before the
2952 appraisal of parcels approved for purchase under ss.
2953 259.105(3)(i) and 570.71, the department may enter into option
2954 contracts to buy less than fee simple interest in such parcels.
2955 Any such option contract shall state that the final purchase
2956 price is subject to approval by the board of trustees and that
2957 the final purchase price may not exceed the maximum offer
2958 authorized by law. Any such option contract presented to the
2959 board of trustees for final purchase price approval shall
2960 explicitly state that payment of the final purchase price is
2961 subject to an appropriation by the Legislature. The
2962 consideration for any such option contract may not exceed $1,000
2963 or 0.01 percent of the estimate by the department of the value
2964 of the parcel, whichever amount is greater.
2965 (e) A final offer shall be in the form of an option
2966 contract or agreement for purchase of the less than fee simple
2967 interest and shall be signed and attested to by the owner and
2968 the department. Before the department signs the agreement for
2969 purchase of the less than fee simple interest or exercises the
2970 option contract, the requirements of s. 286.23 shall be complied
2971 with.
2972 (f) The procedures provided in s. 253.025(9)(a)–(d) and
2973 (10) shall be followed.
2974 (2) If the public’s interest is reasonably protected, the
2975 board of trustees may:
2976 (a) Waive any requirement of this section.
2977 (b) Waive any rules adopted pursuant to s. 570.71,
2978 notwithstanding chapter 120.
2979 (c) Substitute any other reasonably prudent procedures,
2980 including federally mandated acquisition procedures, for the
2981 procedures in this section, if federal funds are available and
2982 will be used for the purchase of a less than fee simple interest
2983 in lands, title to which will vest in the board of trustees, and
2984 qualification for such federal funds requires compliance with
2985 federally mandated acquisition procedures.
2986 (3) The less than fee simple land acquisition procedures
2987 provided in this section are for voluntary, negotiated
2988 acquisitions.
2989 (4) For purposes of this section, the term “negotiations”
2990 does not include preliminary contacts with the property owner to
2991 determine availability or eligibility of the property, existing
2992 appraisal data, existing abstracts, and surveys.
2993 (5)(7) Prior to approval by the board of trustees or, when
2994 applicable, the Department of Environmental Protection, of any
2995 agreement to purchase land pursuant to this chapter, chapter
2996 260, or chapter 375, and prior to negotiations with the parcel
2997 owner to purchase any other land, title to which will vest in
2998 the board of trustees, an appraisal of the parcel shall be
2999 required as follows:
3000 (a) The board of trustees shall adopt by rule the method
3001 for determining the value of parcels sought to be acquired by
3002 state agencies pursuant to this section.
3003 (b) Each parcel to be acquired shall have at least one
3004 appraisal. Two appraisals are required when the estimated value
3005 of the parcel exceeds $1 million. However, when both appraisals
3006 exceed $1 million and differ significantly, a third appraisal
3007 may be obtained. When a parcel is estimated to be worth $100,000
3008 or less and the director of the Division of State Lands finds
3009 that the cost of obtaining an outside appraisal is not
3010 justified, an appraisal prepared by the division may be used.
3011 (c) Appraisal fees and associated costs shall be paid by
3012 the agency proposing the acquisition. The board of trustees
3013 shall approve qualified fee appraisal organizations. All
3014 appraisals used for the acquisition of lands pursuant to this
3015 section shall be prepared by a member of an approved appraisal
3016 organization or by a state-certified appraiser who meets the
3017 standards and criteria established in rule by the board of
3018 trustees. Each fee appraiser selected to appraise a particular
3019 parcel shall, prior to contracting with the agency or a
3020 participant in a multiparty agreement, submit to that agency or
3021 participant an affidavit substantiating that he or she has no
3022 vested or fiduciary interest in such parcel.
3023 (d) The fee appraiser and the review appraiser for the
3024 agency shall not act in any way that may be construed as
3025 negotiating with the property owner.
3026 (e) Generally, Appraisal reports are confidential and
3027 exempt from the provisions of s. 119.07(1), for use by the
3028 department agency and the board of trustees, until an option
3029 contract is executed or, if an no option contract is not
3030 executed, until 2 weeks before a contract or agreement for
3031 purchase is considered for approval by the board of trustees.
3032 However, the department has the authority, at its discretion, to
3033 disclose appraisal reports to private landowners during
3034 negotiations for acquisitions using alternatives to fee simple
3035 techniques, if the department determines that disclosure of such
3036 reports will bring the proposed acquisition to closure. The
3037 department Division of State Lands may also disclose appraisal
3038 information to public agencies or nonprofit organizations that
3039 agree to maintain the confidentiality of the reports or
3040 information when joint acquisition of property is contemplated,
3041 or when a public agency or nonprofit organization enters into a
3042 written multiparty agreement with the department division to
3043 purchase and hold property for subsequent resale to the
3044 division. In addition, the division may use, as its own,
3045 appraisals obtained by a public agency or nonprofit
3046 organization, provided the appraiser is selected from the
3047 division’s list of appraisers and the appraisal is reviewed and
3048 approved by the division. For the purposes of this subsection
3049 chapter, the term “nonprofit organization” means an organization
3050 whose purposes include the preservation of natural resources,
3051 and which is exempt from federal income tax under s. 501(c)(3)
3052 of the Internal Revenue Code. The department agency may release
3053 an appraisal report when the passage of time has rendered the
3054 conclusions of value in the report invalid or when the
3055 department acquiring agency has terminated negotiations.
3056 (f) The Division of State Lands may use, as its own,
3057 appraisals obtained by a public agency or nonprofit
3058 organization, provided that the appraiser is selected from the
3059 division’s list of appraisers and the appraisal is reviewed and
3060 approved by the division. For the purposes of this chapter, the
3061 term “nonprofit organization” means an organization whose
3062 purposes include the preservation of natural resources and which
3063 is exempt from federal income tax under s. 501(c)(3) of the
3064 Internal Revenue Code.
3065
3066 Notwithstanding the provisions of this subsection, on behalf of
3067 the board and before the appraisal of parcels approved for
3068 purchase under this chapter, the Secretary of Environmental
3069 Protection or the director of the Division of State Lands may
3070 enter into option contracts to buy such parcels. Any such option
3071 contract shall state that the final purchase price is subject to
3072 approval by the board or, when applicable, the secretary and
3073 that the final purchase price may not exceed the maximum offer
3074 allowed by law. Any such option contract presented to the board
3075 for final purchase price approval shall explicitly state that
3076 payment of the final purchase price is subject to an
3077 appropriation from the Legislature. The consideration for such
3078 an option may not exceed $1,000 or 0.01 percent of the estimate
3079 by the department of the value of the parcel, whichever amount
3080 is greater.
3081 Section 24. Subsections (1), (3), and (7) of section
3082 373.089, Florida Statutes, are amended, and subsection (8) is
3083 added to that section, to read:
3084 373.089 Sale or exchange of lands, or interests or rights
3085 in lands.—The governing board of the district may sell lands, or
3086 interests or rights in lands, to which the district has acquired
3087 title or to which it may hereafter acquire title in the
3088 following manner:
3089 (1) Any lands, or interests or rights in lands, determined
3090 by the governing board to be surplus may be sold by the
3091 district, at any time, for the highest price obtainable;
3092 however, in no case shall the selling price be less than the
3093 appraised value of the lands, or interests or rights in lands,
3094 as determined by a certified appraisal obtained within 360 120
3095 days before the effective date of a contract for sale.
3096 (3) Before selling any surplus land, or interests or rights
3097 in land, it shall be the duty of the district to cause a notice
3098 of intention to sell to be published in a newspaper published in
3099 the county in which the land, or interests or rights in the
3100 land, is situated once each week for 3 successive weeks, (three
3101 insertions being sufficient.), The first publication of the
3102 required notice must occur at least which shall be not less than
3103 30 days, but not nor more than 360 45 days, before prior to any
3104 sale and must include, which notice shall set forth a
3105 description of lands, or interests or rights in lands, to be
3106 offered for sale.
3107 (7) Notwithstanding other provisions of this section, the
3108 governing board shall first offer title to lands acquired in
3109 whole or in part with Florida Forever funds which are determined
3110 to be no longer needed for conservation purposes to the Board of
3111 Trustees of the Internal Improvement Trust Fund unless the
3112 disposition of those lands is for the following purposes:
3113 (a) Linear facilities, including electric transmission and
3114 distribution facilities, telecommunication transmission and
3115 distribution facilities, pipeline transmission and distribution
3116 facilities, public transportation corridors, and related
3117 appurtenances.
3118 (b) The disposition of the fee interest in the land where a
3119 conservation easement is retained by the district to fulfill the
3120 conservation objectives for which the land was acquired.
3121 (c) An exchange of the land for other lands that meet or
3122 exceed the conservation objectives for which the original land
3123 was acquired in accordance with subsection (4).
3124 (d) To be used by a governmental entity for a public
3125 purpose.
3126 (e) The portion of an overall purchase deemed surplus at
3127 the time of the acquisition.
3128 (8) If a parcel of land is no longer essential or necessary
3129 for conservation purposes and is valued at $25,000 or less as
3130 determined by a certified appraisal obtained within 360 days
3131 before the effective date of a contract for the sale, the
3132 governing board may determine that the parcel of land is
3133 surplus. The notice of intention to sell must be published as
3134 required under subsection (3), one time only. The governing
3135 board shall send the notice of intention to sell the parcel to
3136 adjacent property owners by certified mail and publish the
3137 notice on its website.
3138 (a) Fourteen days after publication of such notice, the
3139 district may sell the parcel to an adjacent property owner or,
3140 if there are two or more owners of adjacent property, accept
3141 sealed bids and sell the parcel to the highest bidder or reject
3142 all offers.
3143 (b) Thirty days after publication of such notice, the
3144 district shall accept sealed bids and may sell the parcel to the
3145 highest bidder or reject all offers.
3146
3147 If In the event the Board of Trustees of the Internal
3148 Improvement Trust Fund declines to accept title to the lands
3149 offered under this section, the land may be disposed of by the
3150 district under the provisions of this section.
3151 Section 25. Paragraph (d) of subsection (1) of section
3152 73.015, Florida Statutes, is amended to read:
3153 73.015 Presuit negotiation.—
3154 (1) Effective July 1, 2000, before an eminent domain
3155 proceeding is brought under this chapter or chapter 74, the
3156 condemning authority must attempt to negotiate in good faith
3157 with the fee owner of the parcel to be acquired, must provide
3158 the fee owner with a written offer and, if requested, a copy of
3159 the appraisal upon which the offer is based, and must attempt to
3160 reach an agreement regarding the amount of compensation to be
3161 paid for the parcel.
3162 (d) Notwithstanding this subsection, with respect to lands
3163 acquired under s. 253.025 259.041, the condemning authority is
3164 not required to give the fee owner the current appraisal before
3165 executing an option contract.
3166 Section 26. Paragraph (b) of subsection (1) of section
3167 125.355, Florida Statutes, is amended to read:
3168 125.355 Proposed purchase of real property by county;
3169 confidentiality of records; procedure.—
3170 (1)
3171 (b) If the exemptions provided in this section are
3172 utilized, the governing body shall obtain at least one appraisal
3173 by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
3174 for each purchase in an amount of not more than $500,000. For
3175 each purchase in an amount in excess of $500,000, the governing
3176 body shall obtain at least two appraisals by appraisers approved
3177 pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
3178 price exceeds the average appraised price of the two appraisals,
3179 the governing body is required to approve the purchase by an
3180 extraordinary vote. The governing body may, by ordinary vote,
3181 exempt a purchase in an amount of $100,000 or less from the
3182 requirement for an appraisal.
3183 Section 27. Paragraph (b) of subsection (1) of section
3184 166.045, Florida Statutes, is amended to read:
3185 166.045 Proposed purchase of real property by municipality;
3186 confidentiality of records; procedure.—
3187 (1)
3188 (b) If the exemptions provided in this section are
3189 utilized, the governing body shall obtain at least one appraisal
3190 by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
3191 for each purchase in an amount of not more than $500,000. For
3192 each purchase in an amount in excess of $500,000, the governing
3193 body shall obtain at least two appraisals by appraisers approved
3194 pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
3195 price exceeds the average appraised price of the two appraisals,
3196 the governing body is required to approve the purchase by an
3197 extraordinary vote. The governing body may, by ordinary vote,
3198 exempt a purchase in an amount of $100,000 or less from the
3199 requirement for an appraisal.
3200 Section 28. Subsection (2) of section 215.82, Florida
3201 Statutes, is amended to read:
3202 215.82 Validation; when required.—
3203 (2) Any bonds issued pursuant to this act which are
3204 validated shall be validated in the manner provided by chapter
3205 75. In actions to validate bonds to be issued in the name of the
3206 State Board of Education under s. 9(a) and (d), Art. XII of the
3207 State Constitution and bonds to be issued pursuant to chapter
3208 259, the Land Conservation Program Act of 1972, the complaint
3209 shall be filed in the circuit court of the county where the seat
3210 of state government is situated, the notice required to be
3211 published by s. 75.06 shall be published only in the county
3212 where the complaint is filed, and the complaint and order of the
3213 circuit court shall be served only on the state attorney of the
3214 circuit in which the action is pending. In any action to
3215 validate bonds issued pursuant to s. 1010.62 or issued pursuant
3216 to s. 9(a)(1), Art. XII of the State Constitution or issued
3217 pursuant to s. 215.605 or s. 338.227, the complaint shall be
3218 filed in the circuit court of the county where the seat of state
3219 government is situated, the notice required to be published by
3220 s. 75.06 shall be published in a newspaper of general
3221 circulation in the county where the complaint is filed and in
3222 two other newspapers of general circulation in the state, and
3223 the complaint and order of the circuit court shall be served
3224 only on the state attorney of the circuit in which the action is
3225 pending; provided, however, that if publication of notice
3226 pursuant to this section would require publication in more
3227 newspapers than would publication pursuant to s. 75.06, such
3228 publication shall be made pursuant to s. 75.06.
3229 Section 29. Section 215.965, Florida Statutes, is amended
3230 to read:
3231 215.965 Disbursement of state moneys.—Except as provided in
3232 s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
3233 717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
3234 moneys in the State Treasury shall be disbursed by state
3235 warrant, drawn by the Chief Financial Officer upon the State
3236 Treasury and payable to the ultimate beneficiary. This
3237 authorization shall include electronic disbursement.
3238 Section 30. Subsection (8) of section 253.027, Florida
3239 Statutes, is amended to read:
3240 253.027 Emergency archaeological property acquisition.—
3241 (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
3242 of the Internal Improvement Trust Fund may waive or limit any
3243 appraisal or survey requirements in s. 253.025 259.041, if
3244 necessary to effectuate the purposes of this section. Fee simple
3245 title is not required to be conveyed if some lesser interest
3246 will allow the preservation of the archaeological resource.
3247 Properties purchased pursuant to this section shall be
3248 considered archaeologically unique or significant properties and
3249 may be purchased under the provisions of s. 253.025(9)
3250 253.025(7).
3251 Section 31. Section 253.7824, Florida Statutes, is amended
3252 to read:
3253 253.7824 Sale of products; proceeds.—The Department of
3254 Environmental Protection may authorize the removal and sale of
3255 products from the land where environmentally appropriate, the
3256 proceeds from which shall be deposited into the appropriate
3257 trust fund in accordance with the same disposition provided
3258 under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
3259 sale of land.
3260 Section 32. Paragraphs (b) and (c) of subsection (2) of
3261 section 260.015, Florida Statutes, are amended to read:
3262 260.015 Acquisition of land.—
3263 (2) For purposes of the Florida Greenways and Trails
3264 Program, the board may:
3265 (b) Accept title to abandoned railroad rights-of-way which
3266 is conveyed by quitclaim deed through purchase, dedication,
3267 gift, grant, or settlement, notwithstanding s. 253.025
3268 259.041(1).
3269 (c) Enter into an agreement or, upon delegation, the
3270 department may enter into an agreement, with a nonprofit
3271 corporation, as defined in s. 253.025 259.041(7)(e), to assume
3272 responsibility for acquisition of lands pursuant to this
3273 section. The agreement may transfer responsibility for all
3274 matters which may be delegated or waived pursuant to s. 253.025
3275 259.041(1).
3276 Section 33. Paragraph (b) of subsection (3) of section
3277 260.016, Florida Statutes, is amended to read:
3278 260.016 General powers of the department.—
3279 (3) The department or its designee is authorized to
3280 negotiate with potentially affected private landowners as to the
3281 terms under which such landowners would consent to the public
3282 use of their lands as part of the greenways and trails system.
3283 The department shall be authorized to agree to incentives for a
3284 private landowner who consents to this public use of his or her
3285 lands for conservation or recreational purposes, including, but
3286 not limited to, the following:
3287 (b) Agreement to exchange, subject to the approval of the
3288 board of Trustees of the Internal Improvement Trust Fund or
3289 other applicable unit of government, ownership or other rights
3290 of use of public lands for the ownership or other rights of use
3291 of privately owned lands. Any exchange of state-owned lands,
3292 title to which is vested in the board of Trustees of the
3293 Internal Improvement Trust Fund, for privately owned lands shall
3294 be subject to the requirements of s. 253.025 259.041.
3295 Section 34. Subsections (6) and (7) of section 369.317,
3296 Florida Statutes, are amended to read:
3297 369.317 Wekiva Parkway.—
3298 (6) The Central Florida Expressway Authority is hereby
3299 granted the authority to act as a third-party acquisition agent,
3300 pursuant to s. 253.025 259.041 on behalf of the Board of
3301 Trustees of the Internal Improvement Trust Fund or chapter 373
3302 on behalf of the governing board of the St. Johns River Water
3303 Management District, for the acquisition of all necessary lands,
3304 property and all interests in property identified herein,
3305 including fee simple or less than fee less-than-fee simple
3306 interests. The lands subject to this authority are identified in
3307 paragraph 10.a., State of Florida, Office of the Governor,
3308 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
3309 of the Wekiva Basin Area Task Force created by Executive Order
3310 2002-259, such lands otherwise known as Neighborhood Lakes, a
3311 1,587+/-acre parcel located in Orange and Lake Counties within
3312 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
3313 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
3314 Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
3315 County within Section 37, Township 19 South, Range 28 East; New
3316 Garden Coal; a 1,605+/-acre parcel in Lake County within
3317 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
3318 East; Pine Plantation, a 617+/-acre tract consisting of eight
3319 individual parcels within the Apopka City limits. The Department
3320 of Transportation, the Department of Environmental Protection,
3321 the St. Johns River Water Management District, and other land
3322 acquisition entities shall participate and cooperate in
3323 providing information and support to the third-party acquisition
3324 agent. The land acquisition process authorized by this paragraph
3325 shall begin no later than December 31, 2004. Acquisition of the
3326 properties identified as Neighborhood Lakes, Pine Plantation,
3327 and New Garden Coal, or approval as a mitigation bank shall be
3328 concluded no later than December 31, 2010. Department of
3329 Transportation and Central Florida Expressway Authority funds
3330 expended to purchase an interest in those lands identified in
3331 this subsection shall be eligible as environmental mitigation
3332 for road construction related impacts in the Wekiva Study Area.
3333 If any of the lands identified in this subsection are used as
3334 environmental mitigation for road-construction-related impacts
3335 incurred by the Department of Transportation or Central Florida
3336 Expressway Authority, or for other impacts incurred by other
3337 entities, within the Wekiva Study Area or within the Wekiva
3338 parkway alignment corridor, and if the mitigation offsets these
3339 impacts, the St. Johns River Water Management District and the
3340 Department of Environmental Protection shall consider the
3341 activity regulated under part IV of chapter 373 to meet the
3342 cumulative impact requirements of s. 373.414(8)(a).
3343 (a) Acquisition of the land described in this section is
3344 required to provide right-of-way for the Wekiva Parkway, a
3345 limited access roadway linking State Road 429 to Interstate 4,
3346 an essential component in meeting regional transportation needs
3347 to provide regional connectivity, improve safety, accommodate
3348 projected population and economic growth, and satisfy critical
3349 transportation requirements caused by increased traffic volume
3350 growth and travel demands.
3351 (b) Acquisition of the lands described in this section is
3352 also required to protect the surface water and groundwater
3353 resources of Lake, Orange, and Seminole counties, otherwise
3354 known as the Wekiva Study Area, including recharge within the
3355 springshed that provides for the Wekiva River system. Protection
3356 of this area is crucial to the long term viability of the Wekiva
3357 River and springs and the central Florida region’s water supply.
3358 Acquisition of the lands described in this section is also
3359 necessary to alleviate pressure from growth and development
3360 affecting the surface and groundwater resources within the
3361 recharge area.
3362 (c) Lands acquired pursuant to this section that are needed
3363 for transportation facilities for the Wekiva Parkway shall be
3364 determined not necessary for conservation purposes pursuant to
3365 ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
3366 to or retained by the Central Florida Expressway Authority or
3367 the Department of Transportation upon reimbursement of the full
3368 purchase price and acquisition costs.
3369 (7) The Department of Transportation, the Department of
3370 Environmental Protection, the St. Johns River Water Management
3371 District, Central Florida Expressway Authority, and other land
3372 acquisition entities shall cooperate and establish funding
3373 responsibilities and partnerships by agreement to the extent
3374 funds are available to the various entities. Properties acquired
3375 with Florida Forever funds shall be in accordance with s.
3376 253.025 259.041 or chapter 373. The Central Florida Expressway
3377 Authority shall acquire land in accordance with this section of
3378 law to the extent funds are available from the various funding
3379 partners; however, the authority is, but shall not be required
3380 or nor assumed to fund the land acquisition beyond the agreement
3381 and funding provided by the various land acquisition entities.
3382 Section 35. Paragraph (a) of subsection (3) of section
3383 373.139, Florida Statutes, is amended to read:
3384 373.139 Acquisition of real property.—
3385 (3) The initial 5-year work plan and any subsequent
3386 modifications or additions thereto shall be adopted by each
3387 water management district after a public hearing. Each water
3388 management district shall provide at least 14 days’ advance
3389 notice of the hearing date and shall separately notify each
3390 county commission within which a proposed work plan project or
3391 project modification or addition is located of the hearing date.
3392 (a) Appraisal reports, offers, and counteroffers are
3393 confidential and exempt from the provisions of s. 119.07(1)
3394 until an option contract is executed or, if no option contract
3395 is executed, until 30 days before a contract or agreement for
3396 purchase is considered for approval by the governing board.
3397 However, each district may, at its discretion, disclose
3398 appraisal reports to private landowners during negotiations for
3399 acquisitions using alternatives to fee simple techniques, if the
3400 district determines that disclosure of such reports will bring
3401 the proposed acquisition to closure. If In the event that
3402 negotiation is terminated by the district, the appraisal report,
3403 offers, and counteroffers shall become available pursuant to s.
3404 119.07(1). Notwithstanding the provisions of this section and s.
3405 253.025 259.041, a district and the Division of State Lands may
3406 share and disclose appraisal reports, appraisal information,
3407 offers, and counteroffers when joint acquisition of property is
3408 contemplated. A district and the Division of State Lands shall
3409 maintain the confidentiality of such appraisal reports,
3410 appraisal information, offers, and counteroffers in conformance
3411 with this section and s. 253.025 259.041, except in those cases
3412 in which a district and the division have exercised discretion
3413 to disclose such information. A district may disclose appraisal
3414 information, offers, and counteroffers to a third party who has
3415 entered into a contractual agreement with the district to work
3416 with or on the behalf of or to assist the district in connection
3417 with land acquisitions. The third party shall maintain the
3418 confidentiality of such information in conformance with this
3419 section. In addition, a district may use, as its own, appraisals
3420 obtained by a third party provided the appraiser is selected
3421 from the district’s list of approved appraisers and the
3422 appraisal is reviewed and approved by the district.
3423 Section 36. Subsection (8) of section 375.031, Florida
3424 Statutes, is amended to read:
3425 375.031 Acquisition of land; procedures.—
3426 (8) The department may, if it deems it desirable and in the
3427 best interest of the program, request the board of trustees to
3428 sell or otherwise dispose of any lands or water storage areas
3429 acquired under this act. The board of trustees, when so
3430 requested, shall offer the lands or water storage areas, on such
3431 terms as the department may determine, first to other state
3432 agencies and then, if still available, to the county or
3433 municipality in which the lands or water storage areas lie. If
3434 not acquired by another state agency or local governmental body
3435 for beneficial public purposes, the lands or water storage areas
3436 shall then be offered by the board of trustees at public sale,
3437 after first giving notice of such sale by publication in a
3438 newspaper published in the county or counties in which such
3439 lands or water storage areas lie not less than once a week for 3
3440 consecutive weeks. All proceeds from the sale or disposition of
3441 any lands or water storage areas pursuant to this section shall
3442 be deposited into the appropriate trust fund pursuant to s.
3443 253.0341 253.034(6)(k), (l), or (m).
3444 Section 37. Subsection (2) of section 375.041, Florida
3445 Statutes, is amended to read:
3446 375.041 Land Acquisition Trust Fund.—
3447 (2) All moneys and revenue from the sale or other
3448 disposition of land, water areas, or related resources acquired
3449 on or after July 1, 2015, for the purposes of s. 28, Art. X of
3450 the State Constitution shall be deposited into or credited to
3451 the Land Acquisition Trust Fund, except as otherwise provided
3452 pursuant to s. 253.0341 253.034(6)(l).
3453 Section 38. Paragraph (a) of subsection (1) of section
3454 380.05, Florida Statutes, is amended to read:
3455 380.05 Areas of critical state concern.—
3456 (1)(a) The state land planning agency may from time to time
3457 recommend to the Administration Commission specific areas of
3458 critical state concern. In its recommendation, the agency shall
3459 include recommendations with respect to the purchase of lands
3460 situated within the boundaries of the proposed area as
3461 environmentally endangered lands and outdoor recreation lands
3462 under the Land Conservation Program Act of 1972. The agency also
3463 shall include any report or recommendation of a resource
3464 planning and management committee appointed pursuant to s.
3465 380.045; the dangers that would result from uncontrolled or
3466 inadequate development of the area and the advantages that would
3467 be achieved from the development of the area in a coordinated
3468 manner; a detailed boundary description of the proposed area;
3469 specific principles for guiding development within the area; an
3470 inventory of lands owned by the state, federal, county, and
3471 municipal governments within the proposed area; and a list of
3472 the state agencies with programs that affect the purpose of the
3473 designation. The agency shall recommend actions which the local
3474 government and state and regional agencies must accomplish in
3475 order to implement the principles for guiding development. These
3476 actions may include, but need shall not be limited to, revisions
3477 of the local comprehensive plan and adoption of land development
3478 regulations, density requirements, and special permitting
3479 requirements.
3480 Section 39. Paragraph (b) of subsection (5) of section
3481 380.055, Florida Statutes, is amended to read:
3482 380.055 Big Cypress Area.—
3483 (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
3484 (b) The Board of Trustees of the Internal Improvement Trust
3485 Fund shall set aside from the proceeds of the full faith and
3486 credit bonds authorized by the Land Conservation Program Act of
3487 1972, or from other funds authorized, appropriated, or allocated
3488 for the acquisition of environmentally endangered lands, or from
3489 both sources, $40 million for acquisition of the area proposed
3490 as the Federal Big Cypress National Preserve, Florida, or
3491 portions thereof.
3492 Section 40. Paragraph (f) of subsection (4) of section
3493 380.508, Florida Statutes, is amended to read:
3494 380.508 Projects; development, review, and approval.—
3495 (4) Projects or activities which the trust undertakes,
3496 coordinates, or funds in any manner shall comply with the
3497 following guidelines:
3498 (f) The trust shall cooperate with local governments, state
3499 agencies, federal agencies, and nonprofit organizations in
3500 ensuring the reservation of lands for parks, recreation, fish
3501 and wildlife habitat, historical preservation, or scientific
3502 study. If any local government, state agency, federal agency, or
3503 nonprofit organization is unable, due to limited financial
3504 resources or other circumstances of a temporary nature, to
3505 acquire a site for the purposes described in this paragraph, the
3506 trust may acquire and hold the site for subsequent conveyance to
3507 the appropriate governmental agency or nonprofit organization.
3508 The trust may provide such technical assistance as required to
3509 aid local governments, state and federal agencies, and nonprofit
3510 organizations in completing acquisition and related functions.
3511 The trust may not reserve lands acquired in accordance with this
3512 paragraph for more than 5 years from the time of acquisition. A
3513 local government, federal or state agency, or nonprofit
3514 organization may acquire the land at any time during this period
3515 for public purposes. The purchase price shall be based upon the
3516 trust’s cost of acquisition, plus administrative and management
3517 costs in reserving the land. The payment of the purchase price
3518 shall be by money, trust-approved property of an equivalent
3519 value, or a combination of money and trust-approved property.
3520 If, after the 5-year period, the trust has not sold to a
3521 governmental agency or nonprofit organization land acquired for
3522 site reservation, the trust shall dispose of such land at fair
3523 market value or shall trade it for other land of comparable
3524 value which will serve to accomplish the purposes of this part.
3525 Any proceeds from the sale of such land received by the
3526 department shall be deposited into the appropriate trust fund
3527 pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
3528
3529 Project costs may include costs of providing parks, open space,
3530 public access sites, scenic easements, and other areas and
3531 facilities serving the public where such features are part of a
3532 project plan approved according to this part. In undertaking or
3533 coordinating projects or activities authorized by this part, the
3534 trust shall, when appropriate, use and promote the use of
3535 creative land acquisition methods, including the acquisition of
3536 less than fee interest through, among other methods,
3537 conservation easements, transfer of development rights, leases,
3538 and leaseback arrangements. The trust shall assist local
3539 governments in the use of sound alternative methods of financing
3540 for funding projects and activities authorized under this part.
3541 Any funds over and above eligible project costs, which remain
3542 after completion of a project approved according to this part,
3543 shall be transmitted to the state and deposited into the Florida
3544 Forever Trust Fund.
3545 Section 41. Section 589.07, Florida Statutes, is amended to
3546 read:
3547 589.07 Florida Forest Service may acquire lands for forest
3548 purposes.—The Florida Forest Service, on behalf of the state and
3549 subject to the restrictions mentioned in s. 589.08, may acquire
3550 lands, suitable for state forest purposes, by gift, donation,
3551 contribution, purchase, or otherwise and may enter into
3552 agreements with the Federal Government, or other agency, for
3553 acquiring by gift, purchase, or otherwise, such lands as are, in
3554 the judgment of the Florida Forest Service, suitable and
3555 desirable for state forests. The acquisition procedures for
3556 state lands provided in s. 253.025 259.041 do not apply to
3557 acquisition of land by the Florida Forest Service.
3558 Section 42. Paragraphs (a) and (b) of subsection (4) of
3559 section 944.10, Florida Statutes, are amended to read:
3560 944.10 Department of Corrections to provide buildings; sale
3561 and purchase of land; contracts to provide services and inmate
3562 labor.—
3563 (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
3564 the department finds it to be necessary for timely site
3565 acquisition, it may contract without the need for competitive
3566 selection with one or more appraisers whose names are contained
3567 on the list of approved appraisers maintained by the Division of
3568 State Lands of the Department of Environmental Protection in
3569 accordance with s. 253.025(8) 253.025(6)(b). In those instances
3570 in which the department directly contracts for appraisal
3571 services, it must also contract with an approved appraiser who
3572 is not employed by the same appraisal firm for review services.
3573 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3574 department may negotiate and enter into an option contract
3575 before an appraisal is obtained. The option contract must state
3576 that the final purchase price cannot exceed the maximum value
3577 allowed by law. The consideration for such an option contract
3578 may not exceed 10 percent of the estimate obtained by the
3579 department or 10 percent of the value of the parcel, whichever
3580 amount is greater.
3581 Section 43. Subsections (6) and (7) of section 957.04,
3582 Florida Statutes, are amended to read:
3583 957.04 Contract requirements.—
3584 (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
3585 Trustees of the Internal Improvement Trust Fund need not approve
3586 a lease-purchase agreement negotiated by the Department of
3587 Management Services if the Department of Management Services
3588 finds that there is a need to expedite the lease-purchase.
3589 (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
3590 the Department of Management Services finds it to be in the best
3591 interest of timely site acquisition, it may contract without the
3592 need for competitive selection with one or more appraisers whose
3593 names are contained on the list of approved appraisers
3594 maintained by the Division of State Lands of the Department of
3595 Environmental Protection in accordance with s. 253.025(8)
3596 253.025(6)(b). In those instances when the Department of
3597 Management Services directly contracts for appraisal services,
3598 it shall also contract with an approved appraiser who is not
3599 employed by the same appraisal firm for review services.
3600 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3601 Department of Management Services may negotiate and enter into
3602 lease-purchase agreements before an appraisal is obtained. Any
3603 such agreement must state that the final purchase price cannot
3604 exceed the maximum value allowed by law.
3605 Section 44. Paragraphs (a) and (b) of subsection (12) of
3606 section 985.682, Florida Statutes, are amended to read:
3607 985.682 Siting of facilities; criteria.—
3608 (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
3609 department finds it necessary for timely site acquisition, it
3610 may contract, without using the competitive selection procedure,
3611 with an appraiser whose name is on the list of approved
3612 appraisers maintained by the Division of State Lands of the
3613 Department of Environmental Protection under s. 253.025(8)
3614 253.025(6)(b). When the department directly contracts for
3615 appraisal services, it must contract with an approved appraiser
3616 who is not employed by the same appraisal firm for review
3617 services.
3618 (b) Notwithstanding s. 253.025(8) 253.025(6), the
3619 department may negotiate and enter into an option contract
3620 before an appraisal is obtained. The option contract must state
3621 that the final purchase price may not exceed the maximum value
3622 allowed by law. The consideration for such an option contract
3623 may not exceed 10 percent of the estimate obtained by the
3624 department or 10 percent of the value of the parcel, whichever
3625 amount is greater.
3626 Section 45. Paragraph (b) of subsection (1) of section
3627 1013.14, Florida Statutes, is amended to read:
3628 1013.14 Proposed purchase of real property by a board;
3629 confidentiality of records; procedure.—
3630 (1)
3631 (b) Before Prior to acquisition of the property, the board
3632 shall obtain at least one appraisal by an appraiser approved
3633 pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
3634 amount greater than $100,000 and not more than $500,000. For
3635 each purchase in an amount in excess of $500,000, the board
3636 shall obtain at least two appraisals by appraisers approved
3637 pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
3638 purchase price exceeds the average appraised value, the board is
3639 required to approve the purchase by an extraordinary vote.
3640 Section 46. For the 2016-2017 fiscal year, the sums of
3641 $396,040 in recurring funds and $1,370,528 in nonrecurring funds
3642 from the General Revenue Fund are appropriated to the Department
3643 of Environmental Protection, and four full-time equivalent
3644 positions with associated salary rate of 182,968 are authorized,
3645 for the purpose of implementing the amendments made by this act
3646 to ss. 253.034 and 253.0341, Florida Statutes, and the
3647 provisions of s. 253.87, Florida Statutes, as created by this
3648 act.
3649 Section 47. This act shall take effect July 1, 2016.