SB 2508                                          First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to environmental resources; amending
    3         s. 253.025, F.S.; providing that certain land
    4         acquisitions are not required to meet specified
    5         valuation procedures; authorizing the Board of
    6         Trustees of the Internal Improvement Trust Fund to
    7         direct the Department of Agriculture and Consumer
    8         Services to purchase lands according to certain
    9         provisions; amending s. 373.026, F.S.; providing
   10         requirements for budget amendments requesting the
   11         release of state funds for specified water project
   12         components; conforming provisions to changes made by
   13         the act; authorizing the release of state funds for
   14         specified water projects; amending s. 373.036, F.S.;
   15         requiring modifications to water management district
   16         annual work plans to be submitted to the Secretary of
   17         Environmental Protection for review and approval;
   18         amending s. 373.1501, F.S.; requiring the South
   19         Florida Water Management District to make a specified
   20         certification to the Legislature regarding its
   21         recommendations to the United States Army Corps of
   22         Engineers; providing legislative findings; requiring
   23         water shortages within the Lake Okeechobee Region to
   24         be managed in accordance with certain provisions;
   25         amending s. 373.4141, F.S.; authorizing the Department
   26         of Environmental Protection to enter into agreements
   27         or contracts with certain entities to expedite the
   28         evaluation of certain environmental permits; providing
   29         requirements for such agreements or contracts;
   30         authorizing the department to receive funds received
   31         pursuant to such an agreement or contract; requiring
   32         such funds to be deposited into the Grants and
   33         Donations Trust Fund; amending s. 570.71, F.S.;
   34         specifying that the Department of Agriculture and
   35         Consumer Services may acquire land or certain related
   36         interests in land for specified public purposes;
   37         revising the types of project proposals for which the
   38         department may accept applications; revising the
   39         activities prohibited under certain easements;
   40         removing a requirement that certain department rules
   41         give preference to certain types of lands; amending s.
   42         570.715, F.S.; revising the procedures the department
   43         must comply with for certain land acquisitions;
   44         providing for a type two transfer of the William J.
   45         “Billy Joe” Rish Recreational Park within the Agency
   46         for Persons with Disabilities to the Department of
   47         Environmental Protection; providing for the
   48         continuation of certain contracts and interagency
   49         agreements; reenacting ss. 253.0251(7) and
   50         259.105(3)(i), F.S., relating to alternatives to fee
   51         simple acquisition and the Florida Forever Act,
   52         respectively, to incorporate the amendment made to s.
   53         570.715, F.S., in references thereto; reenacting s.
   54         570.93(1)(a), F.S., relating to an agricultural water
   55         conservation program; providing effective dates.
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Effective January 1, 2023, paragraph (j) of
   60  subsection (8) and subsection (22) of section 253.025, Florida
   61  Statutes, are amended to read:
   62         253.025 Acquisition of state lands.—
   63         (8) Before approval by the board of trustees, or, when
   64  applicable, the Department of Environmental Protection, of any
   65  agreement to purchase land pursuant to this chapter, chapter
   66  259, chapter 260, or chapter 375, and before negotiations with
   67  the parcel owner to purchase any other land, title to which will
   68  vest in the board of trustees, an appraisal of the parcel shall
   69  be required as follows:
   70         (j)1. The board of trustees shall adopt by rule the method
   71  for determining the value of parcels sought to be acquired by
   72  state agencies pursuant to this section. An offer by a state
   73  agency may not exceed the value for that parcel as determined
   74  pursuant to the highest approved appraisal or the value
   75  determined pursuant to the rules of the board of trustees,
   76  whichever value is less.
   77         2. For a joint acquisition by a state agency and a local
   78  government or other entity apart from the state, the joint
   79  purchase price may not exceed 150 percent of the value for a
   80  parcel as determined in accordance with the limits in
   81  subparagraph 1. The state agency share of a joint purchase offer
   82  may not exceed what the agency may offer singly pursuant to
   83  subparagraph 1.
   84         3. This paragraph does not apply to the acquisition of
   85  historically unique or significant property as determined by the
   86  Division of Historical Resources of the Department of State or
   87  to land, including interests in land, acquired pursuant to
   88  chapter 570.
   90  Notwithstanding this subsection, on behalf of the board of
   91  trustees and before the appraisal of parcels approved for
   92  purchase under this chapter or chapter 259, the Secretary of
   93  Environmental Protection or the director of the Division of
   94  State Lands may enter into option contracts to buy such parcels.
   95  Any such option contract shall state that the final purchase
   96  price is subject to approval by the board of trustees or, if
   97  applicable, the Secretary of Environmental Protection, and that
   98  the final purchase price may not exceed the maximum offer
   99  allowed by law. Any such option contract presented to the board
  100  of trustees for final purchase price approval shall explicitly
  101  state that payment of the final purchase price is subject to an
  102  appropriation from the Legislature. The consideration for such
  103  an option may not exceed $1,000 or 0.01 percent of the estimate
  104  by the department of the value of the parcel, whichever amount
  105  is greater.
  106         (22) The board of trustees, by an affirmative vote of at
  107  least three members, may direct the Department of Agriculture
  108  and Consumer Services to purchase lands pursuant to chapter 570
  109  or the Department of Environmental Protection to purchase lands
  110  on an immediate basis using up to 15 percent of the funds
  111  allocated to the department pursuant to s. 259.105 for the
  112  acquisition of lands that:
  113         (a) Are listed or placed at auction by the Federal
  114  Government as part of the Resolution Trust Corporation sale of
  115  lands from failed savings and loan associations;
  116         (b) Are listed or placed at auction by the Federal
  117  Government as part of the Federal Deposit Insurance Corporation
  118  sale of lands from failed banks;
  119         (c) Will be developed or otherwise lost to potential public
  120  ownership, or for which federal matching funds will be lost, by
  121  the time the land can be purchased under the program within
  122  which the land is listed for acquisition; or
  123         (d) Will prevent or satisfy private property rights claims
  124  resulting from limitations imposed by the designation of an area
  125  of critical state concern pursuant to chapter 380.
  127  Lands acquired pursuant to this subsection must, at the time of
  128  purchase, be on one of the acquisition lists established
  129  pursuant to chapter 259 or chapter 570, or be essential for
  130  water resource development, protection, or restoration, or a
  131  significant portion of the lands must contain natural
  132  communities or plant or animal species that are listed by the
  133  Florida Natural Areas Inventory as critically imperiled,
  134  imperiled, or rare, or as excellent quality occurrences of
  135  natural communities.
  136         Section 2. Effective upon becoming a law, paragraph (b) of
  137  subsection (8) of section 373.026, Florida Statutes, is amended
  138  to read:
  139         373.026 General powers and duties of the department.—The
  140  department, or its successor agency, shall be responsible for
  141  the administration of this chapter at the state level. However,
  142  it is the policy of the state that, to the greatest extent
  143  possible, the department may enter into interagency or
  144  interlocal agreements with any other state agency, any water
  145  management district, or any local government conducting programs
  146  related to or materially affecting the water resources of the
  147  state. All such agreements shall be subject to the provisions of
  148  s. 373.046. In addition to its other powers and duties, the
  149  department shall, to the greatest extent possible:
  150         (8)
  151         (b) To ensure to the greatest extent possible that project
  152  components will go forward as planned, the department shall
  153  collaborate with the South Florida Water Management District in
  154  implementing the comprehensive plan as defined in s.
  155  373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
  156  defined in s. 373.4595(2), and the River Watershed Protection
  157  Plans as defined in s. 373.4595(2). Before any project component
  158  is submitted to Congress for authorization or receives an
  159  appropriation of state funds, the department must approve, or
  160  approve with amendments, each project component within 60 days
  161  following formal submittal of the project component to the
  162  department. Prior to the release of state funds for the
  163  implementation of the comprehensive plan, department approval
  164  shall be based upon a determination of the South Florida Water
  165  Management District’s compliance with s. 373.1501(5) and (7).
  166  Additionally, each budget amendment requesting the release of
  167  state funds for the implementation of a project component or a
  168  water control plan or regulation schedule required for the
  169  operation of the project shall be contingent on the submission
  170  of the certification required in s. 373.1501(7). Once a project
  171  component is approved, the South Florida Water Management
  172  District shall provide to the President of the Senate and the
  173  Speaker of the House of Representatives a schedule for
  174  implementing the project component, the estimated total cost of
  175  the project component, any existing federal or nonfederal
  176  credits, the estimated remaining federal and nonfederal share of
  177  costs, and an estimate of the amount of state funds that will be
  178  needed to implement the project component. All requests for an
  179  appropriation of state funds needed to implement the project
  180  component shall be submitted to the department, and such
  181  requests shall be included in the department’s annual request to
  182  the Governor. Prior to the release of state funds for the
  183  implementation of the Lake Okeechobee Watershed Protection Plan
  184  or the River Watershed Protection Plans, on an annual basis, the
  185  South Florida Water Management District shall prepare an annual
  186  work plan as part of the consolidated annual report required in
  187  s. 373.036(7). Upon a determination by the secretary of the
  188  annual work plan’s consistency with the goals and objectives of
  189  ss. 373.1501(7) and 373.4595 s. 373.4595, the secretary may
  190  approve the release of state funds. Any modifications to the
  191  annual work plan shall be submitted to the secretary for review
  192  and approval. Notwithstanding the requirements of this
  193  paragraph, the release of state funds for the Everglades
  194  Agricultural Area reservoir project, the Lake Okeechobee
  195  Watershed project, the C-43 West Basin Reservoir Storage
  196  project, and the Indian River Lagoon-South project is
  197  authorized.
  198         Section 3. Effective upon becoming a law, paragraph (a) of
  199  subsection (7) of section 373.036, Florida Statutes, is amended
  200  to read:
  201         373.036 Florida water plan; district water management
  202  plans.—
  204         (a) By March 1, annually, each water management district
  205  shall prepare and submit to the Office of Economic and
  206  Demographic Research, the department, the Governor, the
  207  President of the Senate, and the Speaker of the House of
  208  Representatives a consolidated water management district annual
  209  report on the management of water resources. In addition, copies
  210  must be provided by the water management districts to the chairs
  211  of all legislative committees having substantive or fiscal
  212  jurisdiction over the districts and the governing board of each
  213  county in the district having jurisdiction or deriving any funds
  214  for operations of the district. Copies of the consolidated
  215  annual report must be made available to the public, either in
  216  printed or electronic format. Any modifications to the annual
  217  work plan shall be submitted to the secretary for review and
  218  approval.
  219         Section 4. Effective upon becoming a law, subsection (7) of
  220  section 373.1501, Florida Statutes, is amended, subsections (10)
  221  and (11) are added to that section, and subsection (4) of that
  222  section is reenacted, to read:
  223         373.1501 South Florida Water Management District as local
  224  sponsor.—
  225         (4) The district is authorized to act as local sponsor of
  226  the project for those project features within the district as
  227  provided in this subsection and subject to the oversight of the
  228  department as further provided in s. 373.026. The district shall
  229  exercise the authority of the state to allocate quantities of
  230  water within its jurisdiction, including the water supply in
  231  relation to the project, and be responsible for allocating water
  232  and assigning priorities among the other water uses served by
  233  the project pursuant to state law. The district may:
  234         (a) Act as local sponsor for all project features
  235  previously authorized by Congress.
  236         (b) Continue data gathering, analysis, research, and design
  237  of project components, participate in preconstruction
  238  engineering and design documents for project components, and
  239  further refine the Comprehensive Plan of the restudy as a guide
  240  and framework for identifying other project components.
  241         (c) Construct pilot projects that will assist in
  242  determining the feasibility of technology included in the
  243  Comprehensive Plan of the restudy.
  244         (d) Act as local sponsor for project components.
  245         (7) When developing or implementing water control plans or
  246  regulation schedules required for the operation of the project,
  247  the district shall provide recommendations to the United States
  248  Army Corps of Engineers which are consistent with all district
  249  programs and plans. The district shall certify to the President
  250  of the Senate and the Speaker of the House of Representatives,
  251  with a copy to the department, that its recommendations made
  252  pursuant to this subsection comply with all district programs
  253  and plans.
  254         (10) The Legislature finds that the Lake Okeechobee
  255  Regulation Schedule and any operating manual must balance the
  256  different interests across the system, including, but not
  257  limited to, safeguarding the water supply to society and the
  258  environment, reducing high-volume discharges to coastal
  259  estuaries, and providing for flood control.
  260         (11) Water shortages within the Lake Okeechobee Region must
  261  be managed in accordance with Chapters 40E-21 and 40E-22,
  262  Florida Administrative Code, in effect as of January 1, 2022, as
  263  such region is set forth therein.
  264         Section 5. Effective upon becoming a law, section 373.4141,
  265  Florida Statutes, is amended to read:
  266         373.4141 Permits; processing.—
  268         (a) Within 30 days after receipt of an application for a
  269  permit under this part, the department or the water management
  270  district shall review the application and shall request
  271  submittal of all additional information the department or the
  272  water management district is permitted by law to require. If the
  273  applicant believes any request for additional information is not
  274  authorized by law or rule, the applicant may request a hearing
  275  pursuant to s. 120.57. Within 30 days after receipt of such
  276  additional information, the department or water management
  277  district shall review it and may request only that information
  278  needed to clarify such additional information or to answer new
  279  questions raised by or directly related to such additional
  280  information. If the applicant believes the request of the
  281  department or water management district for such additional
  282  information is not authorized by law or rule, the department or
  283  water management district, at the applicant’s request, must
  284  shall proceed to process the permit application.
  285         (b)(2) A permit must shall be approved, denied, or subject
  286  to a notice of proposed agency action within 60 days after
  287  receipt of the original application, the last item of timely
  288  requested additional material, or the applicant’s written
  289  request to begin processing the permit application.
  290         (c)(3) Processing of applications for permits for
  291  affordable housing projects must shall be expedited to a greater
  292  degree than other projects.
  293         (d)(4) A state agency or an agency of the state may not
  294  require as a condition of approval for a permit or as an item to
  295  complete a pending permit application that an applicant obtain a
  296  permit or approval from any other local, state, or federal
  297  agency without explicit statutory authority to require such
  298  permit or approval.
  300         (a) The department may enter into an agreement or a
  301  contract with a public entity, which includes a utility
  302  regulated under chapter 366, to expedite the evaluation of
  303  environmental resource permits or section 404 permits related to
  304  a project or an activity that serves a public purpose. Any
  305  agreement or contract entered into pursuant to this subsection
  306  must be effective for at least 3 years.
  307         (b) The department must ensure that any agreement or
  308  contract entered into by the department does not affect
  309  impartial decisionmaking, either substantively or procedurally.
  310  The department must use the same procedures for decisions that
  311  would otherwise be required for the evaluation of permits for
  312  similar projects or activities not carried out under an
  313  agreement or contract authorized under this subsection.
  314         (c) The department must make all active agreements or
  315  contracts entered into under this subsection available on its
  316  website.
  317         (d) The department may receive funds pursuant to an
  318  agreement or contract entered into under this subsection. Any
  319  funds received pursuant to this subsection must be deposited
  320  into the Grants and Donations Trust Fund and used in accordance
  321  with the agreement or contract.
  322         Section 6. Effective January 1, 2023, section 570.71,
  323  Florida Statutes, is amended to read:
  324         570.71 Land acquisition; conservation easements and
  325  agreements.—
  326         (1) The department, on behalf of the Board of Trustees of
  327  the Internal Improvement Trust Fund, may allocate moneys to
  328  acquire land or related interests in land, such as perpetual,
  329  less-than-fee acquisitions interest in land, to enter into
  330  agricultural protection agreements, and to enter into resource
  331  conservation agreements for any of the following public
  332  purposes:
  333         (a) Promotion and improvement of wildlife habitat.;
  334         (b) Protection and enhancement of water bodies, aquifer
  335  recharge areas, wetlands, and watersheds.;
  336         (c) Perpetuation of open space on lands with significant
  337  natural areas.; or
  338         (d) Protection of agricultural lands threatened by
  339  conversion to other uses.
  340         (e) Preservation and protection of natural and working
  341  landscapes.
  342         (f) Preservation, protection, and enhancement of wildlife
  343  corridors and linkages.
  344         (2) To achieve the purposes of this section, the department
  345  may accept applications for project proposals that:
  346         (a) Purchase land or interests in land, such as
  347  conservation easements, as defined in s. 704.06.
  348         (b) Purchase rural-lands-protection easements pursuant to
  349  this section.
  350         (c) Fund resource conservation agreements pursuant to this
  351  section.
  352         (d) Fund agricultural protection agreements pursuant to
  353  this section.
  354         (3) Rural-lands-protection easements are shall be a
  355  perpetual right or interest in agricultural land which is
  356  appropriate to retain such land in predominantly its current
  357  state and to prevent the subdivision and conversion of such land
  358  into other uses. This right or interest in property shall
  359  prohibit only the following:
  360         (a) Construction or placing of buildings, roads, billboards
  361  or other advertising, utilities, or structures, except those
  362  structures and unpaved roads necessary for the agricultural
  363  operations on the land or structures necessary for other
  364  activities allowed under the easement, and except for linear
  365  facilities described in s. 704.06(11).;
  366         (b) Subdivision of the property.;
  367         (c) Dumping or placing of trash, waste, or offensive
  368  materials.; and
  369         (d) Activities that detrimentally affect the natural
  370  hydrology of the land or that detrimentally affect water
  371  conservation, erosion control, soil conservation, or fish or
  372  wildlife habitat, except those required for environmental
  373  restoration; federal, state, or local government regulatory
  374  programs; or best management practices.
  375         (4) Resource conservation agreements will be contracts for
  376  services which provide annual payments to landowners for
  377  services that actively improve habitat and water restoration or
  378  conservation on their lands over and above that which is already
  379  required by law or which provide recreational opportunities.
  380  They will be for a term of not less than 5 years and not more
  381  than 10 years. Property owners will become eligible to enter
  382  into a resource conservation agreement only upon entering into a
  383  conservation easement or rural lands protection easement.
  384         (5) Agricultural protection agreements shall be for terms
  385  of 30 years and will provide payments to landowners having
  386  significant natural areas on their land. Public access and
  387  public recreational opportunities may be negotiated at the
  388  request of the landowner.
  389         (a) For the length of the agreement, the landowner shall
  390  agree to prohibit:
  391         1. Construction or placing of buildings, roads, billboards
  392  or other advertising, utilities, or structures, except those
  393  structures and unpaved roads necessary for the agricultural
  394  operations on the land or structures necessary for other
  395  activities allowed under the easement, and except for linear
  396  facilities described in s. 704.06(11);
  397         2. Subdivision of the property;
  398         3. Dumping or placing of trash, waste, or offensive
  399  materials; and
  400         4. Activities that affect the natural hydrology of the
  401  land, or that detrimentally affect water conservation, erosion
  402  control, soil conservation, or fish or wildlife habitat.
  403         (b) As part of the agricultural protection agreement, the
  404  parties shall agree that the state shall have a right to buy a
  405  conservation easement or rural land protection easement at the
  406  end of the 30-year term. If the landowner tenders the easement
  407  for the purchase and the state does not timely exercise its
  408  right to buy the easement, the landowner shall be released from
  409  the agricultural agreement. The purchase price of the easement
  410  shall be established in the agreement and shall be based on the
  411  value of the easement at the time the agreement is entered into,
  412  plus a reasonable escalator multiplied by the number of full
  413  calendar years following the date of the commencement of the
  414  agreement. The landowner may transfer or sell the property
  415  before the expiration of the 30-year term, but only if the
  416  property is sold subject to the agreement and the buyer becomes
  417  the successor in interest to the agricultural protection
  418  agreement. Upon mutual consent of the parties, a landowner may
  419  enter into a perpetual easement at any time during the term of
  420  an agricultural protection agreement.
  421         (6) Payment for conservation easements and rural land
  422  protection easements shall be a lump-sum payment at the time the
  423  easement is entered into.
  424         (7) Landowners entering into an agricultural protection
  425  agreement may receive up to 50 percent of the purchase price at
  426  the time the agreement is entered into, and remaining payments
  427  on the balance shall be equal annual payments over the term of
  428  the agreement.
  429         (8) Payments for the resource conservation agreements shall
  430  be equal annual payments over the term of the agreement.
  431         (9) Easements purchased pursuant to this act may not:
  432         (a) Prevent landowners from transferring the remaining fee
  433  value with the easement; or
  434         (b) At the request of the landowner, restrict a landowner’s
  435  ability to use, or authorize the use of by third parties,
  436  specific parcels of land within a conservation easement for
  437  conservation banking or recipient sites for imperiled species as
  438  defined in s. 259.105(2)(a)11. or wetlands mitigation banking
  439  pursuant to chapter 373, provided the specific parcels of land
  440  include wetland or upland areas that may be enhanced, restored,
  441  or created under the conditions of a wetlands mitigation bank
  442  permit.
  443         (10) The department, in consultation with the Department of
  444  Environmental Protection, the water management districts, the
  445  Department of Economic Opportunity, and the Florida Fish and
  446  Wildlife Conservation Commission, shall adopt rules that
  447  establish an application process, a process and criteria for
  448  setting priorities for use of funds consistent with the purposes
  449  specified in subsection (1) and giving preference to ranch and
  450  timber lands managed using sustainable practices, an appraisal
  451  process, and a process for title review and compliance and
  452  approval of the rules by the Board of Trustees of the Internal
  453  Improvement Trust Fund.
  454         (11) If a landowner objects to having his or her property
  455  included in any lists or maps developed to implement this act,
  456  the department must shall remove the property from any such
  457  lists or maps upon receipt of the landowner’s written request to
  458  do so.
  459         (12) The department may use appropriated funds from the
  460  following sources to implement this section:
  461         (a) State funds;
  462         (b) Federal funds;
  463         (c) Other governmental entities;
  464         (d) Nongovernmental organizations; or
  465         (e) Private individuals.
  467  Any such funds provided, other than from the Land Acquisition
  468  Trust Fund, shall be deposited into the Incidental Trust Fund
  469  within the Department of Agriculture and Consumer Services and
  470  used for the purposes of this section, including administrative
  471  and operating expenses related to appraisals, mapping, title
  472  process, personnel, and other real estate expenses.
  473         (13) No more than 10 percent of any funds made available to
  474  implement this act may shall be expended for resource
  475  conservation agreements and agricultural protection agreements.
  476         Section 7. Effective January 1, 2023, section 570.715,
  477  Florida Statutes, is amended to read:
  478         570.715 Land Conservation easement acquisition procedures.—
  479         (1) For land acquisitions, including less than fee simple
  480  acquisitions, pursuant to s. 570.71, the Department of
  481  Agriculture and Consumer Services shall comply with the
  482  following acquisition procedures:
  483         (a) Before conveyance of title by the department, evidence
  484  of marketable title in the form of a commitment for title
  485  insurance or an abstract of title with a title opinion must
  486  shall be obtained.
  487         (b) Before approval by the board of trustees of an
  488  agreement to purchase less than fee simple title to land
  489  pursuant to s. 570.71, an appraisal of the parcel is shall be
  490  required as follows:
  491         1. Each parcel to be acquired must shall have at least one
  492  appraisal. Two appraisals are required when the estimated value
  493  of the parcel exceeds $1 million. However, when both appraisals
  494  exceed $1 million and differ significantly, a third appraisal
  495  may be obtained.
  496         2. Appraisal fees and associated costs must shall be paid
  497  by the department. All appraisals used for the acquisition of
  498  less than fee simple interest in lands pursuant to this section
  499  must shall be prepared by a state-certified appraiser who meets
  500  the standards and criteria established by rule of the board of
  501  trustees. Each appraiser selected to appraise a particular
  502  parcel shall, before contracting with the department or a
  503  participant in a multiparty agreement, submit to the department
  504  or participant an affidavit substantiating that he or she has no
  505  vested or fiduciary interest in such parcel.
  506         (c) A certified survey must be made that meets the minimum
  507  requirements for upland parcels established in the Standards of
  508  Practice for Land Surveying in Florida published by the
  509  department and that accurately portrays, to the greatest extent
  510  practicable, the condition of the parcel as it currently exists.
  511  The requirement for a certified survey may, in whole or in part,
  512  be waived by the board of trustees any time before the land
  513  acquisition of the less than fee simple interest. If an existing
  514  boundary map and description of a parcel are determined by the
  515  department to be sufficient for appraisal purposes, the
  516  department may temporarily waive the requirement for a survey
  517  until any time before conveyance of title to the parcel.
  518         (d) On behalf of the board of trustees and before the
  519  appraisal of parcels approved for purchase under ss.
  520  259.105(3)(i) and 570.71, the department may enter into option
  521  contracts to buy less than fee simple interest in such parcels.
  522  Any such option contract must shall state that the final
  523  purchase price is subject to approval by the board of trustees
  524  and that the final purchase price may not exceed a fair market
  525  value as determined by the department, so long as the public’s
  526  interest is reasonably protected the maximum offer authorized by
  527  law. Any such option contract presented to the board of trustees
  528  for final purchase price approval must shall explicitly state
  529  that payment of the final purchase price is subject to an
  530  appropriation by the Legislature. The consideration for any such
  531  option contract may not exceed $1,000 or 0.01 percent of the
  532  estimate by the department of the value of the parcel, whichever
  533  amount is greater.
  534         (e) A final offer must shall be in the form of an option
  535  contract or agreement for purchase of the land less than fee
  536  simple interest and must shall be signed and attested to by the
  537  owner and the department. Before the department signs the
  538  agreement for purchase of the land less than fee simple interest
  539  or exercises the option contract, the requirements of s. 286.23
  540  must shall be complied with.
  541         (f) The procedures provided in s. 253.025(9)(a)-(d) and
  542  (10) must shall be followed.
  543         (2) If the public’s interest is reasonably protected, the
  544  board of trustees may:
  545         (a) Waive any requirement of this section.
  546         (b) Waive any rules adopted pursuant to s. 570.71,
  547  notwithstanding chapter 120.
  548         (c) Substitute any other reasonably prudent procedures,
  549  including federally mandated acquisition procedures, for the
  550  procedures in this section, if federal funds are available and
  551  will be used for the purchase of land a less than fee simple
  552  interest in lands, title to which will vest in the board of
  553  trustees, and qualification for such federal funds requires
  554  compliance with federally mandated acquisition procedures.
  555         (3) The less than fee simple land acquisition procedures
  556  provided in this section are for voluntary, negotiated
  557  acquisitions.
  558         (4) For purposes of this section, the term “negotiations”
  559  does not include preliminary contacts with the property owner to
  560  determine availability or eligibility of the property, existing
  561  appraisal data, existing abstracts, and surveys.
  562         (5) Appraisal reports are confidential and exempt from s.
  563  119.07(1), for use by the department and the board of trustees,
  564  until an option contract is executed or, if an option contract
  565  is not executed, until 2 weeks before a contract or agreement
  566  for purchase is considered for approval by the board of
  567  trustees. However, the department has the authority, at its
  568  discretion, to disclose appraisal reports to private landowners
  569  during negotiations for acquisitions using alternatives to fee
  570  simple techniques, if the department determines that disclosure
  571  of such reports will bring the proposed acquisition to closure.
  572  The department may also disclose appraisal information to public
  573  agencies or nonprofit organizations that agree to maintain the
  574  confidentiality of the reports or information when joint
  575  acquisition of property is contemplated, or when a public agency
  576  or nonprofit organization enters into a written multiparty
  577  agreement with the department. For purposes of this subsection,
  578  the term “nonprofit organization” means an organization whose
  579  purposes include the preservation of natural resources, and
  580  which is exempt from federal income tax under s. 501(c)(3) of
  581  the Internal Revenue Code. The department may release an
  582  appraisal report when the passage of time has rendered the
  583  conclusions of value in the report invalid or when the
  584  department has terminated negotiations.
  585         Section 8. Type two transfer from the Agency for Persons
  586  with Disabilities.—
  587         (1) All powers, duties, functions, records, offices,
  588  personnel, associated administrative support positions,
  589  property, pending issues, existing contracts, administrative
  590  authority, administrative rules, and unexpended balances of
  591  appropriations, allocations, and other funds relating to the
  592  William J. “Billy Joe” Rish Recreational Park within the Agency
  593  for Persons with Disabilities are transferred by a type two
  594  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  595  Department of Environmental Protection.
  596         (2) Any binding contract or interagency agreement existing
  597  before July 1, 2022, between the Agency for Persons with
  598  Disabilities, or an entity or agency of the department, and any
  599  other agency, entity, or person relating to the William J.
  600  Billy Joe Rish Recreational Park shall continue as a binding
  601  contract or agreement for the remainder of the term of the
  602  contract or agreement on the successor entity responsible for
  603  the program, activity, or functions relative to the contract or
  604  agreement.
  605         Section 9. Effective January 1, 2023, for the purpose of
  606  incorporating the amendment made by this act to section 570.715,
  607  Florida Statutes, in a reference thereto, subsection (7) of
  608  section 253.0251, Florida Statutes, is reenacted to read:
  609         253.0251 Alternatives to fee simple acquisition.—
  610         (7) For less than fee simple acquisitions pursuant to s.
  611  570.71, the Department of Agriculture and Consumer Services
  612  shall comply with the acquisition procedures set forth in s.
  613  570.715.
  614         Section 10. Effective January 1, 2023, for the purpose of
  615  incorporating the amendment made by this act to section 570.715,
  616  Florida Statutes, in a reference thereto, paragraph (i) of
  617  subsection (3) of section 259.105, Florida Statutes, is
  618  reenacted to read:
  619         259.105 The Florida Forever Act.—
  620         (3) Less the costs of issuing and the costs of funding
  621  reserve accounts and other costs associated with bonds, the
  622  proceeds of cash payments or bonds issued pursuant to this
  623  section shall be deposited into the Florida Forever Trust Fund
  624  created by s. 259.1051. The proceeds shall be distributed by the
  625  Department of Environmental Protection in the following manner:
  626         (i) Three and five-tenths percent to the Department of
  627  Agriculture and Consumer Services for the acquisition of
  628  agricultural lands, through perpetual conservation easements and
  629  other perpetual less than fee techniques, which will achieve the
  630  objectives of Florida Forever and s. 570.71. Rules concerning
  631  the application, acquisition, and priority ranking process for
  632  such easements shall be developed pursuant to s. 570.71(10) and
  633  as provided by this paragraph. The board shall ensure that such
  634  rules are consistent with the acquisition process provided for
  635  in s. 570.715. The rules developed pursuant to s. 570.71(10),
  636  shall also provide for the following:
  637         1. An annual priority list shall be developed pursuant to
  638  s. 570.71(10), submitted to the council for review, and approved
  639  by the board pursuant to s. 259.04.
  640         2. Terms of easements and acquisitions proposed pursuant to
  641  this paragraph shall be approved by the board and may not be
  642  delegated by the board to any other entity receiving funds under
  643  this section.
  644         3. All acquisitions pursuant to this paragraph shall
  645  contain a clear statement that they are subject to legislative
  646  appropriation.
  648  Funds provided under this paragraph may not be expended until
  649  final adoption of rules by the board pursuant to s. 570.71.
  650         Section 11. Notwithstanding the reversion and expiration of
  651  paragraph (a) of subsection (1) of section 570.93, Florida
  652  Statutes, by section 44 of chapter 2021-37, Laws of Florida,
  653  that paragraph is not amended as provided by that act, but is
  654  reenacted to read:
  655         570.93 Department of Agriculture and Consumer Services;
  656  agricultural water conservation and agricultural water supply
  657  planning.—
  658         (1) The department shall establish an agricultural water
  659  conservation program that includes the following:
  660         (a) A cost-share program, coordinated with the United
  661  States Department of Agriculture and other federal, state,
  662  regional, and local agencies when appropriate, for irrigation
  663  system retrofit and application of mobile irrigation laboratory
  664  evaluations, and for water conservation and water quality
  665  improvement pursuant to s. 403.067(7)(c).
  666         Section 12. Except as otherwise expressly provided in this
  667  act and except for this section, which shall take effect upon
  668  this act becoming a law, this act shall take effect July 1,
  669  2022.