Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1290
       
       
       
       
       
                               Ì914914-Î914914                          
       
       576-04152A-16                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    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 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 of Environmental Protection
   49         to exercise condemnation authority directly or by
   50         contracting with the Department of Transportation or a
   51         water management district to provide such service;
   52         authorizing the board of trustees to direct the
   53         Department of Environmental Protection to purchase
   54         lands on an immediate basis using specified funds;
   55         authorizing the board of trustees to waive or modify
   56         all procedures required for such land acquisition;
   57         providing that title to certain lands held jointly by
   58         the board of trustees and a water management district
   59         meet the standards necessary for ownership by the
   60         board; creating s. 253.0251, F.S.; providing for the
   61         use of 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 of Environmental
   78         Protection to submit certain state-owned lands to the
   79         Acquisition and Restoration Council or board of
   80         trustees for review and consideration; requiring that
   81         all nonconservation land use plans are managed to
   82         provide the greatest benefit to the state; deleting
   83         provisions requiring an analysis of natural or
   84         cultural resources as part of a nonconservation land
   85         use plan; specifying that certain management and
   86         short-term and long-term goals for the conservation of
   87         plant and animal species apply to conservation lands;
   88         providing conditions under which the Secretary of
   89         Environmental Protection, Commissioner of Agriculture,
   90         or executive director of the Fish and Wildlife
   91         Conservation Commission or their designees are
   92         required to submit land management plans to the board
   93         of trustees; requiring that updated land management
   94         plans identify conservation lands that are no longer
   95         needed for conservation purposes; deleting provisions
   96         directing the board of trustees to make certain
   97         determinations regarding the surplus and disposition
   98         of state lands; deleting provisions requiring that
   99         buildings and parcels of land be offered for lease to
  100         state agencies, state universities, and Florida
  101         College System institutions before being offered for
  102         lease or sale to a local or federal unit of government
  103         or a private party; amending s. 253.0341, F.S.;
  104         deleting provisions authorizing counties and local
  105         governments to submit requests for the surplus of
  106         state-owned lands and requiring that such requests be
  107         expedited; directing the board of trustees to make
  108         certain determinations regarding the surplus and
  109         disposition of state lands; providing that lands
  110         acquired before a certain date using specified
  111         proceeds are deemed to have been acquired for
  112         conservation purposes; providing that certain lands
  113         used by the Department of Corrections, the Department
  114         of Management Services, and the Department of
  115         Transportation may not be designated as lands acquired
  116         for conservation purposes; requiring updated land
  117         management plans to identify conservation and
  118         nonconservation lands that are no longer used for the
  119         purposes for which they were originally leased and
  120         that could be disposed of; deleting an obsolete
  121         provision; requiring that facilities and
  122         nonconservation parcels of land be offered for lease
  123         to state agencies before being offered for lease to a
  124         local or federal unit of government, state university,
  125         Florida College System institution, or private party;
  126         providing for the valuation and disposition of surplus
  127         lands; providing for the deposit of proceeds from the
  128         sale of such lands; authorizing the board of trustees
  129         to adopt rules; requiring surplus lands conveyed to a
  130         local government for affordable housing to be disposed
  131         of by the local government; amending s. 253.111, F.S.;
  132         deleting provisions requiring the board of trustees to
  133         afford an opportunity to local governments to purchase
  134         certain state-owned lands; revising provisions
  135         relating to the rights of riparian owners to secure
  136         certain state-owned lands; amending s. 253.42, F.S.;
  137         authorizing individuals or entities to submit requests
  138         to the Division of State Lands to exchange state-owned
  139         land for privately held land; requiring the state to
  140         retain permanent conservation easements over the
  141         state-owned land and all or a portion of the privately
  142         held land; requiring the division, under certain
  143         circumstances, to submit requests to the Acquisition
  144         and Restoration Council for review and recommendation
  145         and to the board of trustees with recommendations from
  146         the division and the council; providing applicability;
  147         directing the board of trustees to consider a request
  148         if certain conditions are met; providing special
  149         consideration for certain requests; providing that
  150         such lands are subject to inspection; amending s.
  151         253.782, F.S.; deleting a provision directing the
  152         Department of Environmental Protection to retain
  153         ownership of and maintain lands or interests in land
  154         owned by the board of trustees; amending s. 253.7821,
  155         F.S.; assigning the Cross Florida Greenways State
  156         Recreation and Conservation Area to the Department of
  157         Environmental Protection rather than the Office of
  158         Greenways Management within the Office of the
  159         Secretary; creating s. 253.87, F.S.; directing the
  160         Department of Environmental Protection to include
  161         certain county, municipal, state, and federal lands in
  162         the Florida State-Owned Lands and Records Information
  163         System (FL-SOLARIS) database and to update the
  164         database at specified intervals; requiring counties,
  165         municipalities, and financially disadvantaged small
  166         communities to submit a list of certain lands to the
  167         department by a specified date and at specified
  168         intervals; directing the department to conduct a study
  169         and submit a report to the Governor and the
  170         Legislature on the technical and economic feasibility
  171         of including certain lands in the database or a
  172         similar public lands inventory; amending s. 259.01,
  173         F.S.; renaming the “Land Conservation Act of 1972” as
  174         the “Land Conservation Program”; repealing s. 259.02,
  175         F.S., relating to issuance of state bonds for certain
  176         land projects; amending s. 259.032, F.S.; conforming
  177         cross-references; revising provisions relating to the
  178         management of conservation and recreation lands to
  179         conform with changes made by the act; revising duties
  180         of the Acquisition and Restoration Council; amending
  181         s. 259.035, F.S.; requiring recipients of funds from
  182         the Land Acquisition Trust Fund to annually report
  183         certain performance measures to the Department of
  184         Environmental Protection rather than the Division of
  185         State Lands; amending s. 259.036, F.S.; revising the
  186         composition of the regional land management review
  187         team; providing for the Department of Environmental
  188         Protection rather than the Division of State Lands to
  189         act as the review team coordinator; revising
  190         requirements for conservation and recreation land
  191         management reviews and plans; amending s. 259.037,
  192         F.S.; removing the director of the Office of Greenways
  193         and Trails from the Land Management Uniform Accounting
  194         Council; repealing s. 259.041(1)-(6) and (8)-(19),
  195         F.S., relating to the acquisition of state-owned lands
  196         for preservation, conservation, and recreation
  197         purposes; amending s. 259.047, F.S.; revising
  198         provisions relating to the acquisition of land on
  199         which an agricultural lease exists to conform with
  200         changes made by the act; amending s. 259.101, F.S.;
  201         conforming cross-references; revising provisions
  202         relating to alternate use of lands acquired under the
  203         Florida Preservation 2000 Act to conform with changes
  204         made by the act; deleting provisions for alternatives
  205         to fee simple acquisition of such lands to conform
  206         with changes made by the act; amending s. 259.105,
  207         F.S.; deleting provisions requiring the advancement of
  208         certain goals and objectives of imperiled species
  209         management on state lands to conform with changes made
  210         by the act; conforming cross-references; revising
  211         provisions directing the Acquisition and Restoration
  212         Council to give increased priority to certain projects
  213         when developing proposed rules relating to Florida
  214         Forever funding and additions to the Conservation and
  215         Recreation Lands list; deleting provisions requiring
  216         that such rules be submitted to the Legislature for
  217         review; amending s. 259.1052, F.S.; deleting
  218         provisions authorizing the Department of Environmental
  219         Protection to distribute revenues from the Florida
  220         Forever Trust Fund for the acquisition of a portion of
  221         Babcock Crescent B Ranch; creating s. 570.715, F.S.,
  222         and transferring, renumbering, and amending s.
  223         259.04(7), F.S.; providing procedures for the
  224         acquisition of conservation easements by the
  225         Department of Agriculture and Consumer Services;
  226         amending s. 373.089, F.S.; extending the timeframe
  227         within which a certified appraisal may be obtained for
  228         parcels of land to be sold as surplus; providing an
  229         additional exception to the requirement that the
  230         governing board first offer title to certain lands;
  231         revising the procedures a water management district
  232         must follow for publishing a notice of intention to
  233         sell surplus lands; providing an exception from such
  234         notice requirements if a parcel of land is valued
  235         below a certain threshold; authorizing such parcels to
  236         be sold directly to the highest bidder; amending ss.
  237         73.015, 125.355, 166.045, 215.82, 215.965, 253.027,
  238         253.7824, 260.015, 260.016, 369.317, 373.139, 375.031,
  239         375.041, 380.05, 380.055, 380.508, 589.07, 944.10,
  240         957.04, 985.682, and 1013.14, F.S.; conforming cross
  241         references; providing an appropriation and authorizing
  242         positions; providing an effective date.
  243          
  244  Be It Enacted by the Legislature of the State of Florida:
  245  
  246         Section 1. Section 253.025, Florida Statutes, is amended to
  247  read:
  248         253.025 Acquisition of state lands for purposes other than
  249  preservation, conservation, and recreation.—
  250         (1)(a)Neither The Board of Trustees of the Internal
  251  Improvement Trust Fund or nor its duly authorized agent may not
  252  shall commit the state, through any instrument of negotiated
  253  contract or agreement for purchase, to the purchase of lands
  254  with or without appurtenances unless the provisions of this
  255  section has have been fully complied with.
  256         (b)Except for the requirements of subsections (4), (11),
  257  and (22), if the public’s interest is reasonably protected, the
  258  board of trustees may:
  259         1.Waive any requirements of this section.
  260         2.Waive any rules adopted pursuant to this section,
  261  notwithstanding chapter 120.
  262         3.Substitute other reasonably prudent procedures.
  263         (c)However, The board of trustees may also substitute
  264  federally mandated acquisition procedures for the provisions of
  265  this section if when federal funds are available and will be
  266  used utilized for the purchase of lands, title to which will
  267  vest in the board of trustees, and qualification for such
  268  federal funds requires compliance with federally mandated
  269  acquisition procedures.
  270         (d) Notwithstanding any provisions in this section to the
  271  contrary, if lands are being acquired by the board of trustees
  272  for the anticipated sale, conveyance, or transfer to the Federal
  273  Government pursuant to a joint state and federal acquisition
  274  project, the board of trustees may use appraisals obtained by
  275  the Federal Government in the acquisition of such lands. The
  276  board of trustees may waive any provision of this section when
  277  land is being conveyed from a state agency to the board.
  278         (e)The title to lands acquired pursuant to this section
  279  shall vest in the board of trustees pursuant to s. 253.03(1)
  280  unless otherwise provided by law, and all such titled lands
  281  shall be administered pursuant to s. 253.03.
  282         (2) Before Prior to any state agency initiates initiating
  283  any land acquisition, except for as pertains to the purchase of
  284  property for transportation facilities and transportation
  285  corridors and property for borrow pits for road building
  286  purposes, the agency shall coordinate with the Division of State
  287  Lands to determine the availability of existing, suitable state
  288  owned lands in the area and the public purpose for which the
  289  acquisition is being proposed. If the state agency determines
  290  that no suitable state-owned lands exist, the state agency may
  291  proceed to acquire such lands by employing all available
  292  statutory authority for acquisition.
  293         (3)The board of trustees is authorized to adopt rules to
  294  implement this section, including rules governing the terms and
  295  conditions of land purchases. The rules shall address, with
  296  specificity, but need not be limited to:
  297         (a)The procedures to be followed in the acquisition
  298  process, including selection of appraisers, surveyors, title
  299  agents, and closing agents, and the content of appraisal
  300  reports.
  301         (b)The determination of the value of parcels which the
  302  state has an interest in acquiring.
  303         (c)Special requirements when multiple landowners are
  304  involved in an acquisition.
  305         (d)Requirements for obtaining written option agreements so
  306  that the interests of the state are fully protected.
  307         (4)An agreement to acquire real property for the purposes
  308  described in this chapter, chapter 259, chapter 260, or chapter
  309  375, title to which will vest in the board of trustees, may not
  310  bind the state before the agreement is reviewed and approved by
  311  the Department of Environmental Protection as complying with
  312  this section and any rules adopted pursuant to this section. If
  313  any of the following conditions exist, the agreement shall be
  314  submitted to and approved by the board of trustees:
  315         (a)The purchase price agreed to by the seller exceeds the
  316  value as established pursuant to the rules of the board of
  317  trustees;
  318         (b)The contract price agreed to by the seller and the
  319  acquiring agency exceeds $1 million;
  320         (c)The acquisition is the initial purchase in a Florida
  321  Forever project; or
  322         (d)Other conditions that the board of trustees may adopt
  323  by rule. Such conditions may include, but are not limited to,
  324  Florida Forever projects when title to the property being
  325  acquired is considered nonmarketable or is encumbered in such a
  326  way as to significantly affect its management.
  327  
  328  If approval of the board of trustees is required pursuant to
  329  this subsection, the acquiring agency must provide a
  330  justification as to why it is in the public’s interest to
  331  acquire the parcel or Florida Forever project. Approval of the
  332  board of trustees is also required for Florida Forever projects
  333  the department recommends acquiring pursuant to subsections (11)
  334  and (22). Review and approval of agreements for acquisitions for
  335  Florida Greenways and Trails Program properties pursuant to
  336  chapter 260 may be waived by the department in any contract with
  337  nonprofit corporations that have agreed to assist the department
  338  with this program. If the contribution of the acquiring agency
  339  exceeds $100 million in any one fiscal year, the agreement shall
  340  be submitted to and approved by the Legislative Budget
  341  Commission.
  342         (5)(3) Land acquisition procedures provided for in this
  343  section are for voluntary, negotiated acquisitions.
  344         (6)(4) For the purposes of this section, the term
  345  “negotiations” does not include preliminary contacts with the
  346  property owner to determine the availability of the property,
  347  existing appraisal data, existing abstracts, and surveys.
  348         (7)(5) Evidence of marketable title shall be provided by
  349  the landowner before prior to the conveyance of title, as
  350  provided in the final agreement for purchase. Such evidence of
  351  marketability shall be in the form of title insurance or an
  352  abstract of title with a title opinion. The board of trustees
  353  may waive the requirement that the landowner provide evidence of
  354  marketable title, and, in such case, the acquiring agency shall
  355  provide evidence of marketable title. The board of trustees or
  356  its designee may waive the requirement of evidence of
  357  marketability for acquisitions of property assessed by the
  358  county property appraiser at $10,000 or less, if where the
  359  Division of State Lands finds, based upon such review of the
  360  title records as is reasonable under the circumstances, that
  361  there is no apparent impediment to marketability, or to
  362  management of the property by the state.
  363         (8)(6)Before approval by the board of trustees, or, when
  364  applicable, the Department of Environmental Protection, of any
  365  agreement to purchase land pursuant to this chapter, chapter
  366  259, chapter 260, or chapter 375, and before Prior to
  367  negotiations with the parcel owner to purchase any other land
  368  pursuant to this section, title to which will vest in the board
  369  of trustees, an appraisal of the parcel shall be required as
  370  follows:
  371         (a)The board of trustees shall adopt by rule the method
  372  for determining the value of parcels sought to be acquired by
  373  state agencies pursuant to this section.
  374         (b)(a) Each parcel to be acquired shall have at least one
  375  appraisal. Two appraisals are required when the estimated value
  376  of the parcel exceeds $1 million. However, if both appraisals
  377  exceed $1 million and differ significantly, a third appraisal
  378  may be obtained. If When a parcel is estimated to be worth
  379  $100,000 or less and the director of the Division of State Lands
  380  finds that the cost of an outside appraisal is not justified, a
  381  comparable sales analysis, an appraisal prepared by the
  382  division, or other reasonably prudent procedures may be used by
  383  the division to estimate the value of the parcel, provided the
  384  public’s interest is reasonably protected. The state is not
  385  required to appraise the value of lands and appurtenances that
  386  are being donated to the state.
  387         (c)(b) Appraisal fees and associated costs shall be paid by
  388  the agency proposing the acquisition. The board of trustees
  389  shall approve qualified fee appraisal organizations. All
  390  appraisals used for the acquisition of lands pursuant to this
  391  section shall be prepared by a member of an approved appraisal
  392  organization or by a state-certified appraiser. The board of
  393  trustees shall adopt rules for selecting individuals to perform
  394  appraisals pursuant to this section. Each fee appraiser selected
  395  to appraise a particular parcel shall, before prior to
  396  contracting with the agency or a participant in a multiparty
  397  agreement, submit to the that agency an affidavit substantiating
  398  that he or she has no vested or fiduciary interest in such
  399  parcel.
  400         (d)The fee appraiser and the review appraiser for the
  401  agency may not act in any manner that may be construed as
  402  negotiating with the owner of a parcel proposed for acquisition.
  403         (e)(c) The board of trustees shall adopt by rule the
  404  minimum criteria, techniques, and methods to be used in the
  405  preparation of appraisal reports. Such rules shall incorporate,
  406  to the extent practicable, generally accepted appraisal
  407  standards. Any appraisal issued for acquisition of lands
  408  pursuant to this section must comply with the rules adopted by
  409  the board of trustees. A certified survey must be made which
  410  meets the minimum requirements for upland parcels established in
  411  the Minimum Technical Standards of Practice for Land Surveying
  412  in Florida published by the Department of Agriculture and
  413  Consumer Services Business and Professional Regulation and which
  414  accurately portrays, to the greatest extent practicable, the
  415  condition of the parcel as it currently exists. The requirement
  416  for a certified survey may, in part or in whole, be waived by
  417  the board of trustees any time before prior to submitting the
  418  agreement for purchase to the Division of State Lands. When an
  419  existing boundary map and description of a parcel are determined
  420  by the division to be sufficient for appraisal purposes, the
  421  division director may temporarily waive the requirement for a
  422  survey until any time before prior to conveyance of title to the
  423  parcel. The fee appraiser and the review appraiser for the
  424  agency shall not act in any way that may be construed as
  425  negotiating with the property owner.
  426         (f)(d) Appraisal reports are confidential and exempt from
  427  the provisions of s. 119.07(1), for use by the agency and the
  428  board of trustees, until an option contract is executed or, if
  429  no option contract is executed, until 2 weeks before a contract
  430  or agreement for purchase is considered for approval by the
  431  board of trustees. The Department of Environmental Protection
  432  may disclose appraisal reports to private landowners during
  433  negotiations for acquisitions using alternatives to fee simple
  434  techniques, if the department determines that disclosure of such
  435  reports will bring the proposed acquisition to closure. However,
  436  the private landowner must agree to maintain the confidentiality
  437  of the reports or information. However, The department Division
  438  of State Lands may also disclose appraisal information to public
  439  agencies or nonprofit organizations that agree to maintain the
  440  confidentiality of the reports or information when joint
  441  acquisition of property is contemplated, or when a public agency
  442  or nonprofit organization enters into a written agreement with
  443  the department division to purchase and hold property for
  444  subsequent resale to the board of trustees division. In
  445  addition, the department division may use, as its own,
  446  appraisals obtained by a public agency or nonprofit
  447  organization, if provided the appraiser is selected from the
  448  department’s division’s list of appraisers and the appraisal is
  449  reviewed and approved by the department division. For the
  450  purposes of this paragraph, the term “nonprofit organization”
  451  means an organization that whose purpose is the preservation of
  452  natural resources, and which is exempt from federal income tax
  453  under s. 501(c)(3) of the Internal Revenue Code and, for
  454  purposes of the acquisition of conservation lands, an
  455  organization whose purpose must include the preservation of
  456  natural resources. The agency may release an appraisal report
  457  when the passage of time has rendered the conclusions of value
  458  in the report invalid or when the acquiring agency has
  459  terminated negotiations.
  460         (g)(e)Before Prior to acceptance of an appraisal, the
  461  agency shall submit a copy of such report to the division of
  462  State Lands. The division shall review such report for
  463  compliance with the rules of the board of trustees. Any
  464  questions of applicability of laws affecting an appraisal shall
  465  be addressed by the legal office of the agency.
  466         (h)(f) The appraisal report shall be accompanied by the
  467  sales history of the parcel for at least the previous prior 5
  468  years. Such sales history shall include all parties and
  469  considerations with the amount of consideration verified, if
  470  possible. If a sales history would not be useful, or it is its
  471  cost prohibitive compared to the value of a parcel, the sales
  472  history may be waived by the board of trustees. The board of
  473  trustees shall adopt a rule specifying guidelines for waiver of
  474  a sales history.
  475         (i)(g) The board of trustees may consider an appraisal
  476  acquired by a seller, or any part thereof, in negotiating to
  477  purchase a parcel, but such appraisal may not be used in lieu of
  478  an appraisal required by this subsection or to determine the
  479  maximum offer allowed by law.
  480         (j)1.The board of trustees shall adopt by rule the method
  481  for determining the value of parcels sought to be acquired by
  482  state agencies pursuant to this section. An offer by a state
  483  agency may not exceed the value for that parcel as determined
  484  pursuant to the highest approved appraisal or the value
  485  determined pursuant to the rules of the board of trustees,
  486  whichever value is less.
  487         2.For a joint acquisition by a state agency and a local
  488  government or other entity apart from the state, the joint
  489  purchase price may not exceed 150 percent of the value for a
  490  parcel as determined in accordance with the limits in
  491  subparagraph 1. The state agency share of a joint purchase offer
  492  may not exceed what the agency may offer singly pursuant to
  493  subparagraph 1.
  494         3.This paragraph does not apply to the acquisition of
  495  historically unique or significant property as determined by the
  496  Division of Historical Resources of the Department of State.
  497  
  498  Notwithstanding this subsection, on behalf of the board of
  499  trustees and before the appraisal of parcels approved for
  500  purchase under this chapter or chapter 259, the Secretary of
  501  Environmental Protection or the director of the Division of
  502  State Lands may enter into option contracts to buy such parcels.
  503  Any such option contract shall state that the final purchase
  504  price is subject to approval by the board of trustees or, if
  505  applicable, the Secretary of Environmental Protection, and that
  506  the final purchase price may not exceed the maximum offer
  507  allowed by law. Any such option contract presented to the board
  508  of trustees for final purchase price approval shall explicitly
  509  state that payment of the final purchase price is subject to an
  510  appropriation from the Legislature. The consideration for such
  511  an option may not exceed $1,000 or 0.01 percent of the estimate
  512  by the department of the value of the parcel, whichever amount
  513  is greater.
  514         (9)(7)(a) When the owner is represented by an agent or
  515  broker, negotiations may not be initiated or continued until a
  516  written statement verifying such agent’s or broker’s legal or
  517  fiduciary relationship with the owner is on file with the
  518  agency.
  519         (b) The board of trustees or any state agency may contract
  520  for real estate acquisition services, including, but not limited
  521  to, contracts for real estate commission fees, surveying,
  522  mapping, environmental audits, title work, and legal and other
  523  professional assistance to review acquisition agreements and
  524  other documents and to perform acquisition closings. However,
  525  the Department of Environmental Protection may use outside
  526  counsel to review any agreements or documents or to perform
  527  acquisition closings unless department staff can conduct the
  528  same activity in 15 days or less.
  529         (c) Upon the initiation of negotiations, the state agency
  530  shall inform the owner in writing that all agreements for
  531  purchase are subject to approval by the board of trustees.
  532         (d) All offers or counteroffers shall be documented in
  533  writing and shall be confidential and exempt from the provisions
  534  of s. 119.07(1) until an option contract is executed, or if no
  535  option contract is executed, until 2 weeks before a contract or
  536  agreement for purchase is considered for approval by the board
  537  of trustees. The agency shall maintain complete and accurate
  538  records of all offers and counteroffers for all projects.
  539         (e)1.The board of trustees shall adopt by rule the method
  540  for determining the value of parcels sought to be acquired by
  541  state agencies pursuant to this section. No offer by a state
  542  agency, except an offer by an agency acquiring lands pursuant to
  543  s. 259.041, may exceed the value for that parcel as determined
  544  pursuant to the highest approved appraisal or the value
  545  determined pursuant to the rules of the board of trustees,
  546  whichever value is less.
  547         2.In the case of a joint acquisition by a state agency and
  548  a local government or other entity apart from the state, the
  549  joint purchase price may not exceed 150 percent of the value for
  550  a parcel as determined in accordance with the limits prescribed
  551  in subparagraph 1. The state agency share of a joint purchase
  552  offer may not exceed what the agency may offer singly as
  553  prescribed by subparagraph 1.
  554         3.The provisions of this paragraph do not apply to the
  555  acquisition of historically unique or significant property as
  556  determined by the Division of Historical Resources of the
  557  Department of State.
  558         (e)(f) When making an offer to a landowner, a state agency
  559  shall consider the desirability of a single cash payment in
  560  relation to the maximum offer allowed by law.
  561         (f)(g) The state shall have the authority to reimburse the
  562  owner for the cost of the survey when deemed appropriate. The
  563  reimbursement is shall not be considered a part of the purchase
  564  price.
  565         (g)(h) A final offer shall be in the form of an option
  566  contract or agreement for purchase and shall be signed and
  567  attested to by the owner and the representative of the agency.
  568  Before the agency executes the option contract or agreement for
  569  purchase, the contract or agreement shall be reviewed for form
  570  and legality by legal staff of the agency. Before the agency
  571  signs the agreement for purchase or exercises the option
  572  contract, the provisions of s. 286.23 shall be complied with.
  573  Within 10 days after the signing of the agreement for purchase,
  574  the state agency shall furnish the Department of Environmental
  575  Protection Division of State Lands with the original of the
  576  agreement for purchase along with copies of the disclosure
  577  notice, evidence of marketability, the accepted appraisal
  578  report, the fee appraiser’s affidavit, a statement that the
  579  inventory of existing state-owned lands was examined and
  580  contained no available suitable land in the area, and a
  581  statement outlining the public purpose for which the acquisition
  582  is being made and the statutory authority therefor.
  583         (h)(i) Within 45 days after of receipt by the Department of
  584  Environmental Protection Division of State Lands of the
  585  agreement for purchase and the required documentation, the board
  586  of trustees or, if when the purchase price does not exceed
  587  $100,000, its designee shall either reject or approve the
  588  agreement. An approved agreement for purchase is binding on both
  589  parties. Any agreement which has been disapproved shall be
  590  returned to the agency, along with a statement as to the
  591  deficiencies of the agreement or the supporting documentation.
  592  An agreement for purchase which has been disapproved by the
  593  board of trustees may be resubmitted when such deficiencies have
  594  been corrected.
  595         (10)(8)(a) A No dedication, gift, grant, or bequest of
  596  lands and appurtenances may not be accepted by the board of
  597  trustees until the receiving state agency supplies sufficient
  598  evidence of marketability of title. The board of trustees may
  599  not accept by dedication, gift, grant, or bequest any lands and
  600  appurtenances that are determined as being owned by the state
  601  either in fee or by virtue of the state’s sovereignty or which
  602  are so encumbered so as to preclude the use of such lands and
  603  appurtenances for any reasonable public purpose. The board of
  604  trustees may accept a dedication, gift, grant, or bequest of
  605  lands and appurtenances without formal evidence of
  606  marketability, or when the title is nonmarketable, if the board
  607  or its designee determines that such lands and appurtenances
  608  have value and are reasonably manageable by the state, and that
  609  their acceptance would serve the public interest. The state is
  610  not required to appraise the value of such donated lands and
  611  appurtenances as a condition of receipt.
  612         (b) A No deed filed in the public records to donate lands
  613  to the board of trustees does not of the Internal Improvement
  614  Trust Fund shall be construed to transfer title to or vest title
  615  in the board of trustees unless there shall also be filed in the
  616  public records, a document indicating that the board of trustees
  617  has agreed to accept the transfer of title to such donated lands
  618  is also filed in the public records.
  619         (c)Notwithstanding any other provision of law, the maximum
  620  value of a parcel to be purchased by the board of trustees as
  621  determined by the highest approved appraisal or as determined
  622  pursuant to the rules of the board of trustees may not be
  623  increased or decreased as a result of a change in zoning or
  624  permitted land uses, or changes in market forces or prices that
  625  occur within 1 year after the date the Department of
  626  Environmental Protection or the board of trustees approves a
  627  contract to purchase the parcel.
  628         (11)Notwithstanding this section, the board of trustees,
  629  by an affirmative vote of at least three members, voting at a
  630  regularly scheduled and advertised meeting, may direct the
  631  Department of Environmental Protection to exercise the power of
  632  eminent domain pursuant to chapters 73 and 74 to acquire any
  633  conservation parcel identified on the acquisition list
  634  established by the Acquisition and Restoration Council and
  635  approved by the board of trustees pursuant to chapter 259.
  636  However, the board of trustees may only make such a vote under
  637  the following circumstances:
  638         (a)The state has made at least two bona fide offers to
  639  purchase the land through negotiation and, notwithstanding those
  640  offers, an impasse between the state and the landowner was
  641  reached.
  642         (b)The land is of special importance to the state because
  643  of one or more of the following reasons:
  644         1.It involves an endangered or natural resource and is in
  645  imminent danger of development.
  646         2.It is of unique value to the state and the failure to
  647  acquire it will result in irreparable loss to the state.
  648         3.The failure of the state to acquire it will seriously
  649  impair the state’s ability to manage or protect other state
  650  owned lands.
  651  
  652  Pursuant to this subsection, the department may exercise
  653  condemnation authority directly or by contracting with the
  654  Department of Transportation or a water management district to
  655  provide that service. If the Department of Transportation or a
  656  water management district enters into such a contract with the
  657  department, the Department of Transportation or a water
  658  management district may use statutorily approved methods and
  659  procedures ordinarily used by the agency for condemnation
  660  purposes.
  661         (12)(9) Any conveyance to the board of trustees of fee
  662  title shall be made by no less than a special warranty deed,
  663  unless the conveyance is from the Federal Government, the county
  664  government, or another state agency or, in the event of a gift
  665  or donation by quitclaim deed, if the board of trustees, or its
  666  designee, determines that the acceptance of such quitclaim deed
  667  is in the best interest of the public. A quitclaim deed may also
  668  be accepted to aid in clearing title or boundary questions. The
  669  title to lands acquired pursuant to this section shall vest in
  670  the board of trustees as provided in s. 253.03(1). All such
  671  lands, title to which is vested in the board pursuant to this
  672  section, shall be administered pursuant to the provisions of s.
  673  253.03.
  674         (13)(10) The board of trustees may purchase tax
  675  certificates or tax deeds issued in accordance with chapter 197
  676  relating to property eligible for purchase under this section.
  677         (14)(11) The Auditor General shall conduct audits of
  678  acquisitions and divestitures which, according to his or her
  679  preliminary assessments of board-approved acquisitions and
  680  divestitures, he or she deems necessary. These preliminary
  681  assessments shall be initiated not later than 60 days after
  682  following the board of trustees’ final approval by the board of
  683  land acquisitions under this section. If an audit is conducted,
  684  the Auditor General shall submit an audit report to the board of
  685  trustees, the President of the Senate, the Speaker of the House
  686  of Representatives, and their designees.
  687         (15)(12) The board of trustees and all affected agencies
  688  shall adopt and may modify or repeal such rules and regulations
  689  as are necessary to carry out the purposes of this section,
  690  including rules governing the terms and conditions of land
  691  purchases. Such rules shall address the procedures to be
  692  followed, when multiple landowners are involved in an
  693  acquisition, in obtaining written option agreements so that the
  694  interests of the state are fully protected.
  695         (16)(13)(a) The board of trustees of the Internal
  696  Improvement Trust Fund may deed property to the Department of
  697  Agriculture and Consumer Services, so that the Department of
  698  Agriculture and Consumer Services is department shall be able to
  699  sell, convey, transfer, exchange, trade, or purchase land on
  700  which a forestry facility resides for money or other more
  701  suitable property on which to relocate the facility. Any sale or
  702  purchase of property by the Department of Agriculture and
  703  Consumer Services shall follow the requirements of subsections
  704  (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
  705  value, and any trade shall ensure that the state is getting at
  706  least an equal value for the property. Except as provided in
  707  subsections (7)-(10) and (12) (5)-(9), the Department of
  708  Agriculture and Consumer Services is excluded from following the
  709  provisions of this chapter and chapters 259 and 375. This
  710  exclusion does shall not apply to lands acquired for
  711  conservation purposes in accordance with s. 253.0341(1) or (2)
  712  253.034(6)(a) or (b).
  713         (b) In the case of a sale by the Department of Agriculture
  714  and Consumer Services of a forestry facility, the proceeds of
  715  the sale shall be deposited go into the Department of
  716  Agriculture and Consumer Services Incidental Trust Fund. The
  717  Legislature may, at the request of the Department of Agriculture
  718  and Consumer Services department, appropriate such money within
  719  the trust fund to the Department of Agriculture and Consumer
  720  Services department for purchase of land and construction of a
  721  facility to replace the disposed facility. All proceeds other
  722  than land from any sale, conveyance, exchange, trade, or
  723  transfer conducted pursuant to as provided for in this
  724  subsection shall be deposited into placed within the Department
  725  of Agriculture and Consumer Services department’s Incidental
  726  Trust Fund.
  727         (c) Additional funds may be added from time to time by the
  728  Legislature to further the relocation and construction of
  729  forestry facilities. If In the instance where an equal trade of
  730  land occurs, money from the trust fund may be appropriated for
  731  building construction even though no money was received from the
  732  trade.
  733         (17)(14) Any agency that acquires land on behalf of the
  734  board of trustees is authorized to request disbursement of
  735  payments for real estate closings in accordance with a written
  736  authorization from an ultimate beneficiary to allow a third
  737  party authorized by law to receive such payment provided the
  738  Chief Financial Officer determines that such disbursement is
  739  consistent with good business practices and can be completed in
  740  a manner minimizing costs and risks to the state.
  741         (18)(15) Pursuant to s. 944.10, the Department of
  742  Corrections is responsible for obtaining appraisals and entering
  743  into option agreements and agreements for the purchase of state
  744  correctional facility sites. An option agreement or agreement
  745  for purchase is not binding upon the state until it is approved
  746  by the board of trustees of the Internal Improvement Trust Fund.
  747  The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
  748  (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
  749  to all appraisals, offers, and counteroffers of the Department
  750  of Corrections for state correctional facility sites.
  751         (19)(16) Many parcels of land acquired pursuant to this
  752  section may contain cattle-dipping vats as defined in s.
  753  376.301. The state is encouraged to continue with the
  754  acquisition of such lands, including any the cattle-dipping vats
  755  vat.
  756         (20)(17) Pursuant to s. 985.682, the Department of Juvenile
  757  Justice is responsible for obtaining appraisals and entering
  758  into option agreements and agreements for the purchase of state
  759  juvenile justice facility sites. An option agreement or
  760  agreement for purchase is not binding upon the state until it is
  761  approved by the board of trustees of the Internal Improvement
  762  Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
  763  and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
  764  and (d) apply to all appraisals, offers, and counteroffers of
  765  the Department of Juvenile Justice for state juvenile justice
  766  facility sites.
  767         (21)(18) The board of trustees may acquire, pursuant to s.
  768  288.980(2)(b), nonconservation lands from the annual list
  769  submitted by the Department of Economic Opportunity for the
  770  purpose of buffering a military installation against
  771  encroachment.
  772         (22)The board of trustees, by an affirmative vote of at
  773  least three members, may direct the department to purchase lands
  774  on an immediate basis using up to 15 percent of the funds
  775  allocated to the department pursuant to s. 259.105 for the
  776  acquisition of lands that:
  777         (a)Are listed or placed at auction by the Federal
  778  Government as part of the Resolution Trust Corporation sale of
  779  lands from failed savings and loan associations;
  780         (b)Are listed or placed at auction by the Federal
  781  Government as part of the Federal Deposit Insurance Corporation
  782  sale of lands from failed banks; or
  783         (c)Will be developed or otherwise lost to potential public
  784  ownership, or for which federal matching funds will be lost, by
  785  the time the land can be purchased under the program within
  786  which the land is listed for acquisition.
  787  
  788  For such acquisitions, the board of trustees may waive or modify
  789  all procedures required for land acquisition pursuant to this
  790  chapter and all competitive bid procedures required pursuant to
  791  chapters 255 and 287. Lands acquired pursuant to this subsection
  792  must, at the time of purchase, be on one of the acquisition
  793  lists established pursuant to chapter 259, or be essential for
  794  water resource development, protection, or restoration, or a
  795  significant portion of the lands must contain natural
  796  communities or plant or animal species that are listed by the
  797  Florida Natural Areas Inventory as critically imperiled,
  798  imperiled, or rare, or as excellent quality occurrences of
  799  natural communities.
  800         (23)Title to lands to be held jointly by the board of
  801  trustees and a water management district and acquired pursuant
  802  to s. 373.139 may be deemed to meet the standards necessary for
  803  ownership by the board of trustees, notwithstanding this section
  804  or related rules.
  805         Section 2. Section 253.0251, Florida Statutes, is created
  806  to read:
  807         253.0251Alternatives to fee simple acquisition.—
  808         (1)The Legislature finds that:
  809         (a)With the increasing pressures on the natural areas of
  810  this state and on open space suitable for recreational use, the
  811  state must develop creative techniques to maximize the use of
  812  acquisition and management funds.
  813         (b)The state’s conservation and recreational land
  814  acquisition agencies should be encouraged to augment their
  815  traditional, fee simple acquisition programs with the use of
  816  alternatives to fee simple acquisition techniques. In addition,
  817  the Legislature finds that generations of private landowners
  818  have been good stewards of their land, protecting or restoring
  819  native habitats and ecosystems to the benefit of the natural
  820  resources of this state, its heritage, and its citizens. The
  821  Legislature also finds that using alternatives to fee simple
  822  acquisition by public land acquisition agencies will achieve the
  823  following public policy goals:
  824         1.Allow more lands to be brought under public protection
  825  for preservation, conservation, and recreational purposes with
  826  less expenditure of public funds.
  827         2.Retain, on local government tax rolls, some portion of
  828  or interest in lands which are under public protection.
  829         3.Reduce long-term management costs by allowing private
  830  property owners to continue acting as stewards of their land,
  831  when appropriate.
  832  
  833  Therefore, it is the intent of the Legislature that public land
  834  acquisition agencies develop programs to pursue alternatives to
  835  fee simple acquisition and to educate private landowners about
  836  such alternatives and the benefits of such alternatives. It is
  837  also the intent of the Legislature that a portion of the shares
  838  of Florida Forever bond proceeds be used to purchase eligible
  839  properties using alternatives to fee simple acquisition.
  840         (2)All applications for alternatives to fee simple
  841  acquisition projects shall identify, within their acquisition
  842  plans, projects that require a full fee simple interest to
  843  achieve the public policy goals, together with the reasons full
  844  title is determined to be necessary. The state agencies and the
  845  water management districts may use alternatives to fee simple
  846  acquisition to bring the remaining projects in their acquisition
  847  plans under public protection. For purposes of this section, the
  848  phrase “alternatives to fee simple acquisition” includes, but is
  849  not limited to, purchase of development rights; obtaining
  850  conservation easements; obtaining flowage easements; purchase of
  851  timber rights, mineral rights, or hunting rights; purchase of
  852  agricultural interests or silvicultural interests; fee simple
  853  acquisitions with reservations; creating life estates; or any
  854  other acquisition technique that achieves the public policy
  855  goals listed in subsection (1). It is presumed that a private
  856  landowner retains the full range of uses for all the rights or
  857  interests in the landowner’s land which are not specifically
  858  acquired by the public agency. The lands upon which hunting
  859  rights are specifically acquired pursuant to this section shall
  860  be available for hunting in accordance with the management plan
  861  or hunting regulations adopted by the Fish and Wildlife
  862  Conservation Commission, unless the hunting rights are purchased
  863  specifically to protect activities on adjacent lands.
  864         (3)When developing the acquisition plan pursuant to s.
  865  259.105, the Acquisition and Restoration Council may give
  866  preference to those less than fee simple acquisitions that
  867  provide any public access. However, the Legislature recognizes
  868  that public access is not always appropriate for certain less
  869  than fee simple acquisitions. Therefore, any proposed less than
  870  fee simple acquisition may not be rejected simply because public
  871  access would be limited.
  872         (4)The Department of Environmental Protection, the
  873  Department of Agriculture and Consumer Services, and each water
  874  management district shall implement initiatives for using
  875  alternatives to fee simple acquisition and to educate private
  876  landowners about such alternatives. The Department of
  877  Environmental Protection, the Department of Agriculture and
  878  Consumer Services, and the water management districts may enter
  879  into joint acquisition agreements to jointly fund the purchase
  880  of lands using alternatives to fee simple techniques.
  881         (5)The Legislature finds that the lack of direct sales
  882  comparison information has served as an impediment to successful
  883  implementation of alternatives to fee simple acquisition. It is
  884  the intent of the Legislature that, in the absence of direct
  885  comparable sales information, appraisals of alternatives to fee
  886  simple acquisitions be based on the difference between the full
  887  fee simple valuation and the value of the interests remaining
  888  with the seller after acquisition.
  889         (6)The public agency that has been assigned management
  890  responsibility shall inspect and monitor any less than fee
  891  simple interest according to the terms of the purchase agreement
  892  relating to such interest.
  893         (7)For less than fee simple acquisitions pursuant to s.
  894  570.71, the Department of Agriculture and Consumer Services
  895  shall comply with the acquisition procedures set forth in s.
  896  570.715.
  897         Section 3. Subsection (2), paragraph (c) of subsection (7),
  898  and subsections (11) and (15) of section 253.03, Florida
  899  Statutes, are amended to read:
  900         253.03 Board of trustees to administer state lands; lands
  901  enumerated.—
  902         (2) It is the intent of the Legislature that the board of
  903  trustees of the Internal Improvement Trust Fund continue to
  904  receive proceeds from the sale or disposition of the products of
  905  lands and the sale of lands of which the use and possession are
  906  not subsequently transferred by appropriate lease or similar
  907  instrument from the board of trustees to the proper using
  908  agency. Such using agency shall be entitled to the proceeds from
  909  the sale of products on, under, growing out of, or connected
  910  with lands which such using agency holds under lease or similar
  911  instrument from the board of trustees. The board of trustees of
  912  the Internal Improvement Trust Fund is directed and authorized
  913  to enter into leases or similar instruments for the use,
  914  benefit, and possession of public lands by agencies which may
  915  properly use and possess them for the benefit of the state. The
  916  board of trustees shall adopt by rule an annual administrative
  917  fee for all existing and future leases or similar instruments,
  918  to be charged agencies that are leasing land from it. This
  919  annual administrative fee assessed for all leases or similar
  920  instruments is to compensate the board for costs incurred in the
  921  administration and management of such leases or similar
  922  instruments.
  923         (7)
  924         (c) Structures which are listed in or are eligible for the
  925  National Register of Historic Places or the State Inventory of
  926  Historic Places which are over the waters of the state of
  927  Florida and which have a submerged land lease, or have been
  928  grandfathered-in to use sovereignty submerged lands until
  929  January 1, 1998, pursuant to former rule 18-21.00405, Florida
  930  Administrative Code, as it existed in rule on March 15, 1990,
  931  shall have the right to continue such submerged land leases,
  932  regardless of the fact that the present landholder is not an
  933  adjacent riparian landowner, so long as the lessee maintains the
  934  structure in a good state of repair consistent with the
  935  guidelines for listing. If the structure is damaged or
  936  destroyed, the lessee may shall be allowed to reconstruct, so
  937  long as the reconstruction is consistent with the integrity of
  938  the listed structure and does not increase the footprint of the
  939  structure. If a listed structure so listed falls into disrepair
  940  and the lessee is not willing to repair and maintain it
  941  consistent with its listing, the state may cancel the submerged
  942  lease and either repair and maintain the property or require
  943  that the structure be removed from sovereignty submerged lands.
  944         (11) The board of trustees of the Internal Improvement
  945  Trust Fund may adopt rules to provide for the assessment and
  946  collection of reasonable fees, commensurate with the actual cost
  947  to the board, for disclaimers, easements, exchanges, gifts,
  948  leases, releases, or sales of any interest in lands or any
  949  applications therefor and for reproduction of documents. All
  950  revenues received from the application fees charged by a water
  951  management district to process applications that include a
  952  request to use state lands are to be retained by the water
  953  management district. The board of trustees shall adopt by rule
  954  an annual administrative fee for all existing and future leases
  955  or similar instruments to be charged to agencies that are
  956  leasing land from the board of trustees. This annual
  957  administrative fee assessed for all leases or similar
  958  instruments is to compensate the board of trustees for costs
  959  incurred in the administration and management of such leases or
  960  similar instruments.
  961         (15) The board of trustees of the Internal Improvement
  962  Trust Fund shall encourage the use of sovereign submerged lands
  963  for public access and water-dependent uses which may include
  964  related minimal secondary nonwater-dependent uses and public
  965  access.
  966         Section 4. Subsections (8) and (9) of section 253.031,
  967  Florida Statutes, are renumbered as subsections (7) and (8),
  968  respectively, and present subsections (2) and (7) of that
  969  section are amended, to read:
  970         253.031 Land office; custody of documents concerning land;
  971  moneys; plats.—
  972         (2) The board of trustees of the Internal Improvement Trust
  973  Fund shall have custody of, and the department shall maintain,
  974  all the records, surveys, plats, maps, field notes, and patents
  975  and all other evidence touching the title and description of the
  976  public domain.
  977         (7)The board shall receive all of the tract books, plats,
  978  and such records and papers heretofore kept in the United States
  979  Land Office at Gainesville, Alachua County, as may be
  980  surrendered by the Secretary of the Interior; and the board
  981  shall carefully and safely keep and preserve all of said tract
  982  books, plats, records, and papers as part of the public records
  983  of its office, and at any time allow any duly accredited
  984  authority of the United States, full and free access to any and
  985  all of such tract books, plats, records, and papers, and shall
  986  furnish any duly accredited authority of the United States with
  987  copies of any such records without charge.
  988         Section 5. Section 253.034, Florida Statutes, is amended to
  989  read:
  990         253.034 State-owned lands; uses.—
  991         (1) All lands acquired pursuant to chapter 259 shall be
  992  managed to serve the public interest by protecting and
  993  conserving land, air, water, and the state’s natural resources,
  994  which contribute to the public health, welfare, and economy of
  995  the state. These lands shall be managed to provide for areas of
  996  natural resource based recreation, and to ensure the survival of
  997  plant and animal species and the conservation of finite and
  998  renewable natural resources. The state’s lands and natural
  999  resources shall be managed using a stewardship ethic that
 1000  assures these resources will be available for the benefit and
 1001  enjoyment of all people of the state, both present and future.
 1002  It is the intent of the Legislature that, where feasible and
 1003  consistent with the goals of protection and conservation of
 1004  natural resources associated with lands held in the public trust
 1005  by the Board of Trustees of the Internal Improvement Trust Fund,
 1006  public land not designated for single-use purposes pursuant to
 1007  paragraph (2)(b) be managed for multiple-use purposes. All
 1008  multiple-use land management strategies shall address public
 1009  access and enjoyment, resource conservation and protection,
 1010  ecosystem maintenance and protection, and protection of
 1011  threatened and endangered species, and the degree to which
 1012  public-private partnerships or endowments may allow the entity
 1013  with management responsibility to enhance its ability to manage
 1014  these lands. The Acquisition and Restoration Council created in
 1015  s. 259.035 shall recommend rules to the board of trustees, and
 1016  the board of trustees shall adopt rules necessary to carry out
 1017  the purposes of this section.
 1018         (2) As used in this section, the term following phrases
 1019  have the following meanings:
 1020         (a) “Multiple use” means the harmonious and coordinated
 1021  management of timber, recreation, conservation of fish and
 1022  wildlife, forage, archaeological and historic sites, habitat and
 1023  other biological resources, or water resources so that they are
 1024  used utilized in the combination that will best serve the people
 1025  of the state, making the most judicious use of the land for some
 1026  or all of these resources and giving consideration to the
 1027  relative values of the various resources. Where necessary and
 1028  appropriate for all state-owned lands that are larger than 1,000
 1029  acres in project size and are managed for multiple uses, buffers
 1030  may be formed around any areas that require special protection
 1031  or have special management needs. Such buffers may shall not
 1032  exceed more than one-half of the total acreage. Multiple uses
 1033  within a buffer area may be restricted to provide the necessary
 1034  buffering effect desired. Multiple use in this context includes
 1035  both uses of land or resources by more than one management
 1036  entity, which may include private sector land managers. In any
 1037  case, lands identified as multiple-use lands in the land
 1038  management plan shall be managed to enhance and conserve the
 1039  lands and resources for the enjoyment of the people of the
 1040  state.
 1041         (b) “Single use” means management for one particular
 1042  purpose to the exclusion of all other purposes, except that the
 1043  using entity shall have the option of including in its
 1044  management program compatible secondary purposes which will not
 1045  detract from or interfere with the primary management purpose.
 1046  Such single uses may include, but are not necessarily restricted
 1047  to, the use of agricultural lands for production of food and
 1048  livestock, the use of improved sites and grounds for
 1049  institutional purposes, and the use of lands for parks,
 1050  preserves, wildlife management, archaeological or historic
 1051  sites, or wilderness areas where the maintenance of essentially
 1052  natural conditions is important. All submerged lands shall be
 1053  considered single-use lands and shall be managed primarily for
 1054  the maintenance of essentially natural conditions, the
 1055  propagation of fish and wildlife, and public recreation,
 1056  including hunting and fishing where deemed appropriate by the
 1057  managing entity.
 1058         (c) “Conservation lands” means lands that are currently
 1059  managed for conservation, outdoor resource-based recreation, or
 1060  archaeological or historic preservation, except those lands that
 1061  were acquired solely to facilitate the acquisition of other
 1062  conservation lands. Lands acquired for uses other than
 1063  conservation, outdoor resource-based recreation, or
 1064  archaeological or historic preservation may shall not be
 1065  designated conservation lands except as otherwise authorized
 1066  under this section. These lands shall include, but not be
 1067  limited to, the following: correction and detention facilities,
 1068  military installations and facilities, state office buildings,
 1069  maintenance yards, state university or Florida College System
 1070  institution campuses, agricultural field stations or offices,
 1071  tower sites, law enforcement and license facilities,
 1072  laboratories, hospitals, clinics, and other sites that do not
 1073  possess no significant natural or historical resources. However,
 1074  lands acquired solely to facilitate the acquisition of other
 1075  conservation lands, and for which the land management plan has
 1076  not yet been completed or updated, may be evaluated by the Board
 1077  of Trustees of the Internal Improvement Trust Fund on a case-by
 1078  case basis to determine if they will be designated conservation
 1079  lands.
 1080         (d) “Public access,” as used in this chapter and chapter
 1081  259, means access by the general public to state lands and
 1082  water, including vessel access made possible by boat ramps,
 1083  docks, and associated support facilities, where compatible with
 1084  conservation and recreation objectives.
 1085  
 1086  Lands acquired by the state as a gift, through donation, or by
 1087  any other conveyance for which no consideration was paid, and
 1088  which are not managed for conservation, outdoor resource-based
 1089  recreation, or archaeological or historic preservation under a
 1090  land management plan approved by the board of trustees are not
 1091  conservation lands.
 1092         (3) Recognizing that recreational trails purchased with
 1093  rails-to-trails funds pursuant to former s. 259.101(3)(g),
 1094  Florida Statutes 2014, or s. 259.105(3)(h) have had historic
 1095  transportation uses and that their linear character may extend
 1096  many miles, the Legislature intends that if the necessity arises
 1097  to serve public needs, after balancing the need to protect trail
 1098  users from collisions with automobiles and a preference for the
 1099  use of overpasses and underpasses to the greatest extent
 1100  feasible and practical, transportation uses shall be allowed to
 1101  cross recreational trails purchased pursuant to former s.
 1102  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
 1103  these crossings are needed, the location and design should
 1104  consider and mitigate the impact on humans and environmental
 1105  resources, and the value of the land shall be paid based on fair
 1106  market value.
 1107         (4) A No management agreement, lease, or other instrument
 1108  authorizing the use of lands owned by the board of trustees may
 1109  not of the Internal Improvement Trust Fund shall be executed for
 1110  a period greater than is necessary to provide for the reasonable
 1111  use of the land for the existing or planned life cycle or
 1112  amortization of the improvements, except that an easement in
 1113  perpetuity may be granted by the board of trustees of the
 1114  Internal Improvement Trust Fund if the improvement is a
 1115  transportation facility. If an entity managing or leasing state
 1116  owned lands from the board of trustees does not meet the short
 1117  term goals under paragraph (5)(b) for conservation lands, the
 1118  Department of Environmental Protection may submit the lands to
 1119  the Acquisition and Restoration Council to review whether the
 1120  short-term goals should be modified, consider whether the lands
 1121  should be offered to another entity for management or leasing,
 1122  or recommend to the board of trustees whether to surplus the
 1123  lands. If an entity managing or leasing state-owned lands from
 1124  the board of trustees does not meet the short-term goals under
 1125  paragraph (5)(i) for nonconservation lands, the department may
 1126  submit the lands to the board of trustees to consider whether to
 1127  require the managing or leasing entity to release its interest
 1128  in the lands and to consider whether to surplus the lands. If
 1129  the state-owned lands are determined to be surplus, the board of
 1130  trustees may require an entity to release its interest in the
 1131  lands. An entity managing or leasing state-owned lands from the
 1132  board of trustees may not sublease such lands without prior
 1133  review by the Division of State Lands and, for conservation
 1134  lands, by the Acquisition and Restoration Council created in s.
 1135  259.035. All management agreements, leases, or other instruments
 1136  authorizing the use of lands owned by the board of trustees
 1137  shall be reviewed for approval by the board of trustees or its
 1138  designee. The council is not required to review subleases of
 1139  parcels which are less than 160 acres in size.
 1140         (5) Each manager of conservation lands shall submit to the
 1141  Division of State Lands a land management plan at least every 10
 1142  years in a form and manner adopted prescribed by rule of by the
 1143  board of trustees and in accordance with the provisions of s.
 1144  259.032. Each manager of conservation lands shall also update a
 1145  land management plan whenever the manager proposes to add new
 1146  facilities or make substantive land use or management changes
 1147  that were not addressed in the approved plan, or within 1 year
 1148  after of the addition of significant new lands. Each manager of
 1149  nonconservation lands shall submit to the Division of State
 1150  Lands a land use plan at least every 10 years in a form and
 1151  manner adopted prescribed by rule of by the board of trustees.
 1152  The division shall review each plan for compliance with the
 1153  requirements of this subsection and the requirements of the
 1154  rules adopted established by the board of trustees pursuant to
 1155  this section. All nonconservation land use plans, whether for
 1156  single-use or multiple-use properties, shall be managed to
 1157  provide the greatest benefit to the state include an analysis of
 1158  the property to determine if any significant natural or cultural
 1159  resources are located on the property. Such resources include
 1160  archaeological and historic sites, state and federally listed
 1161  plant and animal species, and imperiled natural communities and
 1162  unique natural features. If such resources occur on the
 1163  property, the manager shall consult with the Division of State
 1164  Lands and other appropriate agencies to develop management
 1165  strategies to protect such resources. Land use plans shall also
 1166  provide for the control of invasive nonnative plants and
 1167  conservation of soil and water resources, including a
 1168  description of how the manager plans to control and prevent soil
 1169  erosion and soil or water contamination. Land use plans
 1170  submitted by a manager shall include reference to appropriate
 1171  statutory authority for such use or uses and shall conform to
 1172  the appropriate policies and guidelines of the state land
 1173  management plan. Plans for managed areas larger than 1,000 acres
 1174  shall contain an analysis of the multiple-use potential of the
 1175  property, which includes analysis shall include the potential of
 1176  the property to generate revenues to enhance the management of
 1177  the property. In addition Additionally, the plan shall contain
 1178  an analysis of the potential use of private land managers to
 1179  facilitate the restoration or management of these lands. If In
 1180  those cases where a newly acquired property has a valid
 1181  conservation plan that was developed by a soil and conservation
 1182  district, such plan shall be used to guide management of the
 1183  property until a formal land use plan is completed.
 1184         (a) State conservation lands shall be managed to ensure the
 1185  conservation of the state’s plant and animal species and to
 1186  ensure the accessibility of state lands for the benefit and
 1187  enjoyment of all people of the state, both present and future.
 1188  Each land management plan for state conservation lands shall
 1189  provide a desired outcome, describe both short-term and long
 1190  term management goals, and include measurable objectives to
 1191  achieve those goals. Short-term goals shall be achievable within
 1192  a 2-year planning period, and long-term goals shall be
 1193  achievable within a 10-year planning period. These short-term
 1194  and long-term management goals shall be the basis for all
 1195  subsequent land management activities.
 1196         (b) Short-term and long-term management goals for state
 1197  conservation lands shall include measurable objectives for the
 1198  following, as appropriate:
 1199         1. Habitat restoration and improvement.
 1200         2. Public access and recreational opportunities.
 1201         3. Hydrological preservation and restoration.
 1202         4. Sustainable forest management.
 1203         5. Exotic and invasive species maintenance and control.
 1204         6. Capital facilities and infrastructure.
 1205         7. Cultural and historical resources.
 1206         8. Imperiled species habitat maintenance, enhancement,
 1207  restoration, or population restoration.
 1208         (c) The land management plan shall, at a minimum, contain
 1209  the following elements:
 1210         1. A physical description of the land.
 1211         2. A quantitative data description of the land which
 1212  includes an inventory of forest and other natural resources;
 1213  exotic and invasive plants; hydrological features;
 1214  infrastructure, including recreational facilities; and other
 1215  significant land, cultural, or historical features. The
 1216  inventory shall reflect the number of acres for each resource
 1217  and feature, when appropriate. The inventory shall be of such
 1218  detail that objective measures and benchmarks can be established
 1219  for each tract of land and monitored during the lifetime of the
 1220  plan. All quantitative data collected shall be aggregated,
 1221  standardized, collected, and presented in an electronic format
 1222  to allow for uniform management reporting and analysis. The
 1223  information collected by the Department of Environmental
 1224  Protection pursuant to s. 253.0325(2) shall be available to the
 1225  land manager and his or her assignee.
 1226         3. A detailed description of each short-term and long-term
 1227  land management goal, the associated measurable objectives, and
 1228  the related activities that are to be performed to meet the land
 1229  management objectives. Each land management objective must be
 1230  addressed by the land management plan, and if where practicable,
 1231  a no land management objective may not shall be performed to the
 1232  detriment of the other land management objectives.
 1233         4. A schedule of land management activities which contains
 1234  short-term and long-term land management goals and the related
 1235  measurable objective and activities. The schedule shall include
 1236  for each activity a timeline for completion, quantitative
 1237  measures, and detailed expense and manpower budgets. The
 1238  schedule shall provide a management tool that facilitates
 1239  development of performance measures.
 1240         5. A summary budget for the scheduled land management
 1241  activities of the land management plan. For state lands
 1242  containing or anticipated to contain imperiled species habitat,
 1243  the summary budget shall include any fees anticipated from
 1244  public or private entities for projects to offset adverse
 1245  impacts to imperiled species or such habitat, which fees shall
 1246  be used solely to restore, manage, enhance, repopulate, or
 1247  acquire imperiled species habitat. The summary budget shall be
 1248  prepared in such manner that it facilitates computing an
 1249  aggregate of land management costs for all state-managed lands
 1250  using the categories described in s. 259.037(3).
 1251         (d) Upon completion, the land management plan must will be
 1252  transmitted to the Acquisition and Restoration Council for
 1253  review. The Acquisition and Restoration council shall have 90
 1254  days after receipt of the plan to review the plan and submit its
 1255  recommendations to the board of trustees. During the review
 1256  period, the land management plan may be revised if agreed to by
 1257  the primary land manager and the Acquisition and Restoration
 1258  council taking into consideration public input. If the
 1259  Acquisition and Restoration Council fails to make a
 1260  recommendation for a land management plan, the secretary of the
 1261  Department of Environmental Protection, Commissioner of
 1262  Agriculture, or Executive Director of the Fish and Wildlife
 1263  Conservation Commission or their designees shall submit the land
 1264  management plan to the board of trustees. The land management
 1265  plan becomes effective upon approval by the board of trustees.
 1266         (e) Land management plans are to be updated every 10 years
 1267  on a rotating basis. Each updated land management plan must
 1268  identify any conservation lands under the plan, in part or in
 1269  whole, that are no longer needed for conservation purposes and
 1270  could be disposed of in fee simple or with the state retaining a
 1271  permanent conservation easement.
 1272         (f) In developing land management plans, at least one
 1273  public hearing shall be held in any one affected county.
 1274         (g) The Division of State Lands shall make available to the
 1275  public an electronic copy of each land management plan for
 1276  parcels that exceed 160 acres in size. The division of State
 1277  Lands shall review each plan for compliance with the
 1278  requirements of this subsection, the requirements of chapter
 1279  259, and the requirements of the rules adopted established by
 1280  the board of trustees pursuant to this section. The Acquisition
 1281  and Restoration Council shall also consider the propriety of the
 1282  recommendations of the managing entity with regard to the future
 1283  use of the property, the protection of fragile or nonrenewable
 1284  resources, the potential for alternative or multiple uses not
 1285  recognized by the managing entity, and the possibility of
 1286  disposal of the property by the board of trustees. After its
 1287  review, the council shall submit the plan, along with its
 1288  recommendations and comments, to the board of trustees. The
 1289  council shall specifically recommend to the board of trustees
 1290  whether to approve the plan as submitted, approve the plan with
 1291  modifications, or reject the plan. If the Acquisition and
 1292  Restoration council fails to make a recommendation for a land
 1293  management plan, the Secretary of the Department of
 1294  Environmental Protection, Commissioner of Agriculture, or
 1295  executive director of the Fish and Wildlife Conservation
 1296  Commission or their designees shall submit the land management
 1297  plan to the board of trustees.
 1298         (h) The board of trustees of the Internal Improvement Trust
 1299  Fund shall consider the land management plan submitted by each
 1300  entity and the recommendations of the Acquisition and
 1301  Restoration Council and the Division of State Lands and shall
 1302  approve the plan with or without modification or reject such
 1303  plan. The use or possession of any such lands that is not in
 1304  accordance with an approved land management plan is subject to
 1305  termination by the board of trustees.
 1306         (i)1.State nonconservation lands shall be managed to
 1307  provide the greatest benefit to the state. State nonconservation
 1308  lands may be grouped by similar land use types under one land
 1309  use plan. Each land use plan shall, at a minimum, contain the
 1310  following elements:
 1311         a.A physical description of the land to include any
 1312  significant natural or cultural resources as well as management
 1313  strategies developed by the land manager to protect such
 1314  resources.
 1315         b.A desired development outcome.
 1316         c.A schedule for achieving the desired development
 1317  outcome.
 1318         d.A description of both short-term and long-term
 1319  development goals.
 1320         e.A management and control plan for invasive nonnative
 1321  plants.
 1322         f.A management and control plan for soil erosion and soil
 1323  and water contamination.
 1324         g.Measureable objectives to achieve the goals identified
 1325  in the land use plan.
 1326         2.Short-term goals shall be achievable within a 5-year
 1327  planning period and long-term goals shall be achievable within a
 1328  10-year planning period.
 1329         3.The use or possession of any such lands that is not in
 1330  accordance with an approved land use plan is subject to
 1331  termination by the board of trustees.
 1332         4.Land use plans submitted by a manager shall include
 1333  reference to appropriate statutory authority for such use or
 1334  uses and shall conform to the appropriate policies and
 1335  guidelines of the state land management plan.
 1336         (6)The Board of Trustees of the Internal Improvement Trust
 1337  Fund shall determine which lands, the title to which is vested
 1338  in the board, may be surplused. For conservation lands, the
 1339  board shall determine whether the lands are no longer needed for
 1340  conservation purposes and may dispose of them by an affirmative
 1341  vote of at least three members. In the case of a land exchange
 1342  involving the disposition of conservation lands, the board must
 1343  determine by an affirmative vote of at least three members that
 1344  the exchange will result in a net positive conservation benefit.
 1345  For all other lands, the board shall determine whether the lands
 1346  are no longer needed and may dispose of them by an affirmative
 1347  vote of at least three members.
 1348         (a)For the purposes of this subsection, all lands acquired
 1349  by the state before July 1, 1999, using proceeds from
 1350  Preservation 2000 bonds, the former Conservation and Recreation
 1351  Lands Trust Fund, the former Water Management Lands Trust Fund,
 1352  Environmentally Endangered Lands Program, and the Save Our Coast
 1353  Program and titled to the board which are identified as core
 1354  parcels or within original project boundaries are deemed to have
 1355  been acquired for conservation purposes.
 1356         (b)For any lands purchased by the state on or after July
 1357  1, 1999, before acquisition, the board must determine which
 1358  parcels must be designated as having been acquired for
 1359  conservation purposes. Lands acquired for use by the Department
 1360  of Corrections, the Department of Management Services for use as
 1361  state offices, the Department of Transportation, except those
 1362  specifically managed for conservation or recreation purposes, or
 1363  the State University System or the Florida College System may
 1364  not be designated as having been purchased for conservation
 1365  purposes.
 1366         (c)At least every 10 years, as a component of each land
 1367  management plan or land use plan and in a form and manner
 1368  prescribed by rule by the board, each manager shall evaluate and
 1369  indicate to the board those lands that are not being used for
 1370  the purpose for which they were originally leased. For
 1371  conservation lands, the council shall review and recommend to
 1372  the board whether such lands should be retained in public
 1373  ownership or disposed of by the board. For nonconservation
 1374  lands, the division shall review such lands and recommend to the
 1375  board whether such lands should be retained in public ownership
 1376  or disposed of by the board.
 1377         (d)Lands owned by the board which are not actively managed
 1378  by any state agency or for which a land management plan has not
 1379  been completed pursuant to subsection (5) must be reviewed by
 1380  the council or its successor for its recommendation as to
 1381  whether such lands should be disposed of by the board.
 1382         (e)Before any decision by the board to surplus lands, the
 1383  Acquisition and Restoration Council shall review and make
 1384  recommendations to the board concerning the request for
 1385  surplusing. The council shall determine whether the request for
 1386  surplusing is compatible with the resource values of and
 1387  management objectives for such lands.
 1388         (f)In reviewing lands owned by the board, the council
 1389  shall consider whether such lands would be more appropriately
 1390  owned or managed by the county or other unit of local government
 1391  in which the land is located. The council shall recommend to the
 1392  board whether a sale, lease, or other conveyance to a local
 1393  government would be in the best interests of the state and local
 1394  government. The provisions of this paragraph in no way limit the
 1395  provisions of ss. 253.111 and 253.115. Such lands shall be
 1396  offered to the state, county, or local government for a period
 1397  of 45 days. Permittable uses for such surplus lands may include
 1398  public schools; public libraries; fire or law enforcement
 1399  substations; governmental, judicial, or recreational centers;
 1400  and affordable housing meeting the criteria of s. 420.0004(3).
 1401  County or local government requests for surplus lands shall be
 1402  expedited throughout the surplusing process. If the county or
 1403  local government does not elect to purchase such lands in
 1404  accordance with s. 253.111, any surplusing determination
 1405  involving other governmental agencies shall be made when the
 1406  board decides the best public use of the lands. Surplus
 1407  properties in which governmental agencies have expressed no
 1408  interest must then be available for sale on the private market.
 1409         (g)The sale price of lands determined to be surplus
 1410  pursuant to this subsection and s. 253.82 shall be determined by
 1411  the division, which shall consider an appraisal of the property,
 1412  or, if the estimated value of the land is $500,000 or less, a
 1413  comparable sales analysis or a broker’s opinion of value. The
 1414  division may require a second appraisal. The individual or
 1415  entity that requests to purchase the surplus parcel shall pay
 1416  all costs associated with determining the property’s value, if
 1417  any.
 1418         1.A written valuation of land determined to be surplus
 1419  pursuant to this subsection and s. 253.82, and related documents
 1420  used to form the valuation or which pertain to the valuation,
 1421  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1422  I of the State Constitution.
 1423         a.The exemption expires 2 weeks before the contract or
 1424  agreement regarding the purchase, exchange, or disposal of the
 1425  surplus land is first considered for approval by the board.
 1426         b.Before expiration of the exemption, the division may
 1427  disclose confidential and exempt appraisals, valuations, or
 1428  valuation information regarding surplus land:
 1429         (I)During negotiations for the sale or exchange of the
 1430  land.
 1431         (II)During the marketing effort or bidding process
 1432  associated with the sale, disposal, or exchange of the land to
 1433  facilitate closure of such effort or process.
 1434         (III)When the passage of time has made the conclusions of
 1435  value invalid.
 1436         (IV)When negotiations or marketing efforts concerning the
 1437  land are concluded.
 1438         2.A unit of government that acquires title to lands
 1439  hereunder for less than appraised value may not sell or transfer
 1440  title to all or any portion of the lands to any private owner
 1441  for 10 years. Any unit of government seeking to transfer or sell
 1442  lands pursuant to this paragraph must first allow the board of
 1443  trustees to reacquire such lands for the price at which the
 1444  board sold such lands.
 1445         (h)Parcels with a market value over $500,000 must be
 1446  initially offered for sale by competitive bid. The division may
 1447  use agents, as authorized by s. 253.431, for this process. Any
 1448  parcels unsuccessfully offered for sale by competitive bid, and
 1449  parcels with a market value of $500,000 or less, may be sold by
 1450  any reasonable means, including procuring real estate services,
 1451  open or exclusive listings, competitive bid, auction, negotiated
 1452  direct sales, or other appropriate services, to facilitate the
 1453  sale.
 1454         (i)After reviewing the recommendations of the council, the
 1455  board shall determine whether lands identified for surplus are
 1456  to be held for other public purposes or are no longer needed.
 1457  The board may require an agency to release its interest in such
 1458  lands. A state agency, county, or local government that has
 1459  requested the use of a property that was to be declared as
 1460  surplus must secure the property under lease within 90 days
 1461  after being notified that it may use such property.
 1462         (j)Requests for surplusing may be made by any public or
 1463  private entity or person. All requests shall be submitted to the
 1464  lead managing agency for review and recommendation to the
 1465  council or its successor. Lead managing agencies have 90 days to
 1466  review such requests and make recommendations. Any surplusing
 1467  requests that have not been acted upon within the 90-day time
 1468  period shall be immediately scheduled for hearing at the next
 1469  regularly scheduled meeting of the council or its successor.
 1470  Requests for surplusing pursuant to this paragraph are not
 1471  required to be offered to local or state governments as provided
 1472  in paragraph (f).
 1473         (k)Proceeds from the sale of surplus conservation lands
 1474  purchased before July 1, 2015, shall be deposited into the
 1475  Florida Forever Trust Fund.
 1476         (l)Proceeds from the sale of surplus conservation lands
 1477  purchased on or after July 1, 2015, shall be deposited into the
 1478  Land Acquisition Trust Fund, except when such lands were
 1479  purchased with funds other than those from the Land Acquisition
 1480  Trust Fund or a land acquisition trust fund created to implement
 1481  s. 28, Art. X of the State Constitution, the proceeds shall be
 1482  deposited into the fund from which the lands were purchased.
 1483         (m)Funds received from the sale of surplus nonconservation
 1484  lands or lands that were acquired by gift, by donation, or for
 1485  no consideration shall be deposited into the Internal
 1486  Improvement Trust Fund.
 1487         (n)Notwithstanding this subsection, such disposition of
 1488  land may not be made if it would have the effect of causing all
 1489  or any portion of the interest on any revenue bonds issued to
 1490  lose the exclusion from gross income for federal income tax
 1491  purposes.
 1492         (o)The sale of filled, formerly submerged land that does
 1493  not exceed 5 acres in area is not subject to review by the
 1494  council or its successor.
 1495         (p)The board may adopt rules to administer this section
 1496  which may include procedures for administering surplus land
 1497  requests and criteria for when the division may approve requests
 1498  to surplus nonconservation lands on behalf of the board.
 1499         (6)(7) This section does shall not be construed so as to
 1500  affect:
 1501         (a) Other provisions of this chapter relating to oil, gas,
 1502  or mineral resources.
 1503         (b) The exclusive use of state-owned land subject to a
 1504  lease by the board of trustees of the Internal Improvement Trust
 1505  Fund of state-owned land for private uses and purposes.
 1506         (c) Sovereignty lands not leased for private uses and
 1507  purposes.
 1508         (7)(8)(a) The Legislature recognizes the value of the
 1509  state’s conservation lands as water recharge areas and air
 1510  filters.
 1511         (b) If state-owned lands are subject to annexation
 1512  procedures, the Division of State Lands must notify the county
 1513  legislative delegation of the county in which the land is
 1514  located.
 1515         (8)(9) Land management plans required to be submitted by
 1516  the Department of Corrections, the Department of Juvenile
 1517  Justice, the Department of Children and Families, or the
 1518  Department of Education are not subject to the provisions for
 1519  review by the Acquisition and Restoration Council or its
 1520  successor described in subsection (5). Management plans filed by
 1521  these agencies shall be made available to the public for a
 1522  period of 90 days at the administrative offices of the parcel or
 1523  project affected by the management plan and at the Tallahassee
 1524  offices of each agency. Any plans not objected to during the
 1525  public comment period shall be deemed approved. Any plans for
 1526  which an objection is filed shall be submitted to the board of
 1527  trustees of the Internal Improvement Trust Fund for
 1528  consideration. The board of trustees of the Internal Improvement
 1529  Trust Fund shall approve the plan with or without modification,
 1530  or reject the plan. The use or possession of any such lands
 1531  which is not in accordance with an approved land management plan
 1532  is subject to termination by the board of trustees.
 1533         (9)(10) The following additional uses of conservation lands
 1534  acquired pursuant to the Florida Forever program and other
 1535  state-funded conservation land purchase programs shall be
 1536  authorized, upon a finding by the board of trustees, if they
 1537  meet the criteria specified in paragraphs (a)-(e): water
 1538  resource development projects, water supply development
 1539  projects, stormwater management projects, linear facilities, and
 1540  sustainable agriculture and forestry. Such additional uses are
 1541  authorized if where:
 1542         (a) The use is not inconsistent with the management plan
 1543  for such lands;
 1544         (b) The use is compatible with the natural ecosystem and
 1545  resource values of such lands;
 1546         (c) The proposed use is appropriately located on such lands
 1547  and if where due consideration is given to the use of other
 1548  available lands;
 1549         (d) The using entity reasonably compensates the titleholder
 1550  for such use based upon an appropriate measure of value; and
 1551         (e) The use is consistent with the public interest.
 1552  
 1553  A decision by the board of trustees pursuant to this section
 1554  shall be given a presumption of correctness. Moneys received
 1555  from the use of state lands pursuant to this section shall be
 1556  returned to the lead managing entity in accordance with s.
 1557  259.032(9)(c).
 1558         (10)(11) Lands listed as projects for acquisition may be
 1559  managed for conservation pursuant to s. 259.032, on an interim
 1560  basis by a private party in anticipation of a state purchase in
 1561  accordance with a contractual arrangement between the acquiring
 1562  agency and the private party that may include management service
 1563  contracts, leases, cost-share arrangements or resource
 1564  conservation agreements. Lands designated as eligible under this
 1565  subsection shall be managed to maintain or enhance the resources
 1566  the state is seeking to protect by acquiring the land. Funding
 1567  for these contractual arrangements may originate from the
 1568  documentary stamp tax revenue deposited into the Land
 1569  Acquisition Trust Fund. No more than $6.2 million may be
 1570  expended from the Land Acquisition Trust Fund for this purpose.
 1571         (11)(12) Any lands available to governmental employees,
 1572  including water management district employees, for hunting or
 1573  other recreational purposes shall also be made available to the
 1574  general public for such purposes.
 1575         (13)Before a building or parcel of land is offered for
 1576  lease or sale to a local or federal unit of government or a
 1577  private party, it shall first be offered for lease to state
 1578  agencies, state universities, and Florida College System
 1579  institutions, with priority consideration given to state
 1580  universities and Florida College System institutions. Within 60
 1581  days after the offer for lease of a surplus building or parcel,
 1582  a state university or Florida College System institution that
 1583  requests the lease must submit a plan for review and approval by
 1584  the Board of Trustees of the Internal Improvement Trust Fund
 1585  regarding the intended use, including future use, of the
 1586  building or parcel of land before approval of a lease. Within 60
 1587  days after the offer for lease of a surplus building or parcel,
 1588  a state agency that requests the lease of such facility or
 1589  parcel must submit a plan for review and approval by the board
 1590  of trustees regarding the intended use. The state agency plan
 1591  must, at a minimum, include the proposed use of the facility or
 1592  parcel, the estimated cost of renovation, a capital improvement
 1593  plan for the building, evidence that the building or parcel
 1594  meets an existing need that cannot otherwise be met, and other
 1595  criteria developed by rule by the board of trustees. The board
 1596  or its designee shall compare the estimated value of the
 1597  building or parcel to any submitted business plan to determine
 1598  if the lease or sale is in the best interest of the state. The
 1599  board of trustees shall adopt rules pursuant to chapter 120 for
 1600  the implementation of this section.
 1601         Section 6. Section 253.0341, Florida Statutes, is amended
 1602  to read:
 1603         253.0341 Surplus of state-owned lands to counties or local
 1604  governments.—Counties and local governments may submit
 1605  surplusing requests for state-owned lands directly to the board
 1606  of trustees. County or local government requests for the state
 1607  to surplus conservation or nonconservation lands, whether for
 1608  purchase or exchange, shall be expedited throughout the
 1609  surplusing process. Property jointly acquired by the state and
 1610  other entities shall not be surplused without the consent of all
 1611  joint owners.
 1612         (1) The board of trustees shall determine which lands, the
 1613  title to which is vested in the board, may be surplused. For all
 1614  conservation lands, the Acquisition and Restoration Council
 1615  shall make a recommendation to the board of trustees, and the
 1616  board of trustees shall determine whether the lands are no
 1617  longer needed for conservation purposes. If the board of
 1618  trustees determines the lands are no longer needed for
 1619  conservation purposes, it may dispose of such lands by an
 1620  affirmative vote of at least three members. In the case of a
 1621  land exchange involving the disposition of conservation lands,
 1622  the board of trustees must determine by an affirmative vote of
 1623  at least three members that the exchange will result in a net
 1624  positive conservation benefit. For all nonconservation lands,
 1625  the board of trustees shall determine whether the lands are no
 1626  longer needed. If the board of trustees determines the lands are
 1627  no longer needed, it may dispose of such lands by an affirmative
 1628  vote of at least three members. Local government requests for
 1629  the state to surplus conservation or nonconservation lands,
 1630  whether for purchase or exchange, shall be expedited throughout
 1631  the surplusing process. Property jointly acquired by the state
 1632  and other entities may not be surplused without the consent of
 1633  all joint owners The decision to surplus state-owned
 1634  nonconservation lands may be made by the board without a review
 1635  of, or a recommendation on, the request from the Acquisition and
 1636  Restoration Council or the Division of State Lands. Such
 1637  requests for nonconservation lands shall be considered by the
 1638  board within 60 days of the board’s receipt of the request.
 1639         (2) For purposes of this section, all lands acquired by the
 1640  state before July 1, 1999, using proceeds from Preservation 2000
 1641  bonds, the former Conservation and Recreation Lands Trust Fund,
 1642  the former Water Management Lands Trust Fund, Environmentally
 1643  Endangered Lands Program, and the Save Our Coast Program and
 1644  titled to the board of trustees which are identified as core
 1645  parcels or within original project boundaries are deemed to have
 1646  been acquired for conservation purposes County or local
 1647  government requests for the surplusing of state-owned
 1648  conservation lands are subject to review of, and recommendation
 1649  on, the request to the board by the Acquisition and Restoration
 1650  Council. Requests to surplus conservation lands shall be
 1651  considered by the board within 120 days of the board’s receipt
 1652  of the request.
 1653         (3) For any lands purchased by the state on or after July
 1654  1, 1999, before acquisition, the board of trustees must
 1655  determine which parcels must be designated as having been
 1656  acquired for conservation purposes. Lands acquired for use by
 1657  the Department of Corrections; the Department of Management
 1658  Services for use as state offices; the Department of
 1659  Transportation, except those lands specifically managed for
 1660  conservation or recreation purposes; the State University
 1661  System; or the Florida College System may not be designated as
 1662  having been acquired for conservation purposes A local
 1663  government may request that state lands be specifically declared
 1664  surplus lands for the purpose of providing alternative water
 1665  supply and water resource development projects as defined in s.
 1666  373.019, public facilities such as schools, fire and police
 1667  facilities, and affordable housing. The request shall comply
 1668  with the requirements of subsection (1) if the lands are
 1669  nonconservation lands or subsection (2) if the lands are
 1670  conservation lands. Surplus lands that are conveyed to a local
 1671  government for affordable housing shall be disposed of by the
 1672  local government under the provisions of s. 125.379 or s.
 1673  166.0451.
 1674         (4) At least every 10 years, as a component of each land
 1675  management plan or land use plan and in a form and manner
 1676  adopted by rule of the board of trustees, each manager shall
 1677  evaluate and indicate to the board of trustees those lands that
 1678  are not being used for the purpose for which they were
 1679  originally leased. For conservation lands, the Acquisition and
 1680  Restoration Council shall review and recommend to the board of
 1681  trustees whether such lands should be retained in public
 1682  ownership or disposed of by the board of trustees. For
 1683  nonconservation lands, the Division of State Lands shall review
 1684  and recommend to the board of trustees whether such lands should
 1685  be retained in public ownership or disposed of by the board of
 1686  trustees Notwithstanding the requirements of this section and
 1687  the requirements of s. 253.034 which provides a surplus process
 1688  for the disposal of state lands, the board shall convey to
 1689  Miami-Dade County title to the property on which the Graham
 1690  Building, which houses the offices of the Miami-Dade State
 1691  Attorney, is located. By January 1, 2008, the board shall convey
 1692  fee simple title to the property to Miami-Dade County for a
 1693  consideration of one dollar. The deed conveying title to Miami
 1694  Dade County must contain restrictions that limit the use of the
 1695  property for the purpose of providing workforce housing as
 1696  defined in s. 420.5095, and to house the offices of the Miami
 1697  Dade State Attorney. Employees of the Miami-Dade State Attorney
 1698  and the Miami-Dade Public Defender who apply for and meet the
 1699  income qualifications for workforce housing shall receive
 1700  preference over other qualified applicants.
 1701         (5)Conservation lands owned by the board of trustees which
 1702  are not actively managed by any state agency or for which a land
 1703  management plan has not been completed pursuant to s. 253.034(5)
 1704  must be reviewed by the Acquisition and Restoration Council for
 1705  its recommendation as to whether such lands should be disposed
 1706  of by the board of trustees.
 1707         (6)Before any decision by the board of trustees to surplus
 1708  conservation lands, the Acquisition and Restoration Council
 1709  shall review and make recommendations to the board of trustees
 1710  concerning the request for surplusing. The council shall
 1711  determine whether the request for surplusing is compatible with
 1712  the resource values of and management objectives for such lands.
 1713         (7)Before a facility or parcel of nonconservation land is
 1714  offered for lease to a local or federal unit of government,
 1715  state university, Florida College System institution, or private
 1716  party, it shall first be offered for lease to state agencies.
 1717  Within 45 days after the offer for lease of a facility or
 1718  parcel, a state agency that requests the lease must submit a
 1719  plan to the board of trustees that includes a description of the
 1720  proposed use, including future use, of the facility or parcel.
 1721  The board of trustees must review and approve the plan before
 1722  approving the lease. The state agency plan must, at a minimum,
 1723  include the proposed use of the facility or parcel, the
 1724  estimated cost of renovation, a capital improvement plan for the
 1725  building, evidence that the facility or parcel meets an existing
 1726  need that cannot otherwise be met, and other criteria adopted by
 1727  rule of the board of trustees. The board of trustees or its
 1728  designee shall compare the estimated value of the facility or
 1729  parcel to any submitted business plan to determine if the lease
 1730  or sale is in the best interest of the state. The board of
 1731  trustees shall adopt rules pursuant to chapter 120 to implement
 1732  this section. A state agency that has requested the use of a
 1733  facility or parcel must secure the facility or parcel with a
 1734  fully executed lease within 90 days after being notified that it
 1735  may use such facility or parcel or the request is voidable.
 1736         (8)The sale price of lands determined to be surplus
 1737  pursuant to this section and s. 253.82 shall be determined by
 1738  the Division of State Lands, which shall consider an appraisal
 1739  of the property or, if the estimated value of the land is
 1740  $500,000 or less, a comparable sales analysis or a broker’s
 1741  opinion of value. The division may require a second appraisal.
 1742  The individual or entity that requests to purchase the surplus
 1743  parcel shall pay all costs associated with determining the
 1744  property’s value, if any.
 1745         (a)A written valuation of land determined to be surplus
 1746  pursuant to this section and s. 253.82, and related documents
 1747  used to form the valuation or which pertain to the valuation,
 1748  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1749  I of the State Constitution.
 1750         1.The exemption expires 2 weeks before the contract or
 1751  agreement regarding the purchase, exchange, or disposal of the
 1752  surplus land is first considered for approval by the board of
 1753  trustees.
 1754         2.Before expiration of the exemption, the Division of
 1755  State Lands may disclose confidential and exempt appraisals,
 1756  valuations, or valuation information regarding surplus land:
 1757         a.During negotiations for the sale or exchange of the
 1758  land;
 1759         b.During the marketing effort or bidding process
 1760  associated with the sale, disposal, or exchange of the land to
 1761  facilitate closure of such effort or process;
 1762         c.When the passage of time has made the conclusions of
 1763  value invalid; or
 1764         d.When negotiations or marketing efforts concerning the
 1765  land are concluded.
 1766         (b)A unit of government that acquires title to lands
 1767  pursuant to this section for less than appraised value may not
 1768  sell or transfer title to all or any portion of the lands to any
 1769  private owner for 10 years. A unit of government seeking to
 1770  transfer or sell lands pursuant to this paragraph must first
 1771  allow the board of trustees to reacquire such lands for the
 1772  price at which the board of trustees sold such lands.
 1773         (9)Parcels with a market value over $500,000 must be
 1774  initially offered for sale by competitive bid. Any parcels
 1775  unsuccessfully offered for sale by competitive bid, and parcels
 1776  with a market value of $500,000 or less, may be sold by any
 1777  reasonable means, including procuring real estate services, open
 1778  or exclusive listings, competitive bid, auction, negotiated
 1779  direct sales, or other appropriate services, to facilitate the
 1780  sale.
 1781         (10)After reviewing the recommendations of the Acquisition
 1782  and Restoration Council, the board of trustees shall determine
 1783  whether conservation lands identified for surplus should be held
 1784  for other public purposes or are no longer needed. The board of
 1785  trustees may require an agency to release its interest in such
 1786  lands. An entity approved to use conservation lands by the board
 1787  of trustees must secure the property under a fully executed
 1788  lease within 90 days after being notified that it may use such
 1789  property or the request is voidable.
 1790         (11)Requests to surplus lands may be made by any public or
 1791  private entity or person and shall be determined by the board of
 1792  trustees. All requests to surplus conservation lands shall be
 1793  submitted to the lead managing agency for review and
 1794  recommendation to the Acquisition and Restoration Council, and
 1795  all requests to surplus nonconservation lands shall be submitted
 1796  to the Division of State Lands for review and recommendation to
 1797  the board of trustees. The lead managing agencies shall review
 1798  such requests and make recommendations to the council within 90
 1799  days after receipt of the requests. Any requests to surplus
 1800  conservation lands that are not acted upon within the 90-day
 1801  period shall be immediately scheduled for hearing at the next
 1802  regularly scheduled meeting of the council. Requests to surplus
 1803  lands shall be considered by the board of trustees within 60
 1804  days after receipt of the requests from the council or division.
 1805  Requests to surplus lands pursuant to this subsection are not
 1806  required to be offered to state agencies as provided in
 1807  subsection (7).
 1808         (12)Proceeds from the sale of surplus conservation lands
 1809  purchased before July 1, 2015, shall be deposited into the
 1810  Florida Forever Trust Fund.
 1811         (13)Proceeds from the sale of surplus conservation lands
 1812  purchased on or after July 1, 2015, shall be deposited into the
 1813  Land Acquisition Trust Fund, except when such lands were
 1814  purchased with funds other than those from the Land Acquisition
 1815  Trust Fund or a land acquisition trust fund created to implement
 1816  s. 28, Art. X of the State Constitution, the proceeds shall be
 1817  deposited into the fund from which the lands were purchased.
 1818         (14)Funds received from the sale of surplus
 1819  nonconservation lands or lands that were acquired by gift, by
 1820  donation, or for no consideration shall be deposited into the
 1821  Internal Improvement Trust Fund.
 1822         (15)Notwithstanding this section, such disposition of land
 1823  may not be made if it would have the effect of causing all or
 1824  any portion of the interest on any revenue bonds issued to lose
 1825  the exclusion from gross income for federal income tax purposes.
 1826         (16)The sale of filled, formerly submerged land that does
 1827  not exceed 5 acres in area is not subject to review by the
 1828  Acquisition and Restoration Council.
 1829         (17)The board of trustees may adopt rules to administer
 1830  this section, including procedures for administering surplus
 1831  land requests and criteria for when the Division of State Lands
 1832  may approve requests to surplus nonconservation lands on behalf
 1833  of the board of trustees.
 1834         (18)Surplus lands that are conveyed to a local government
 1835  for affordable housing shall be disposed of by the local
 1836  government under s. 125.379 or s. 166.0451.
 1837         Section 7. Section 253.111, Florida Statutes, is amended to
 1838  read:
 1839         253.111 Riparian owners of land Notice to board of county
 1840  commissioners before sale.—The Board of Trustees of the Internal
 1841  Improvement Trust Fund of the state may not sell any land to
 1842  which they hold title unless and until they afford an
 1843  opportunity to the county in which such land is situated to
 1844  receive such land on the following terms and conditions:
 1845         (1)If an application is filed with the board requesting
 1846  that they sell certain land to which they hold title and the
 1847  board decides to sell such land or if the board, without such
 1848  application, decides to sell such land, the board shall, before
 1849  consideration of any private offers, notify the board of county
 1850  commissioners of the county in which such land is situated that
 1851  such land is available to such county. Such notification shall
 1852  be given by registered mail, return receipt requested.
 1853         (2)The board of county commissioners of the county in
 1854  which such land is situated shall, within 40 days after receipt
 1855  of such notification from the board, determine by resolution
 1856  whether or not it proposes to acquire such land.
 1857         (3)If the board receives, within 45 days after notice is
 1858  given to the board of county commissioners pursuant to
 1859  subsection (1), the certified copy of the resolution provided
 1860  for in subsection (2), the board shall forthwith convey to the
 1861  county such land at a price that is equal to its appraised
 1862  market value established by generally accepted professional
 1863  standards for real estate appraisal and subject to such other
 1864  terms and conditions as the board determines.
 1865         (4)Nothing in this section restricts any right otherwise
 1866  granted to the board by this chapter to convey land to which
 1867  they hold title to the state or any department, office,
 1868  authority, board, bureau, commission, institution, court,
 1869  tribunal, agency, or other instrumentality of or under the
 1870  state. The word “land” as used in this act means all lands
 1871  vested in the Board of Trustees of the Internal Improvement
 1872  Trust Fund.
 1873         (1)(5) If a any riparian owner exists with respect to any
 1874  land to be sold by the board of trustees, such riparian owner
 1875  shall have a right to secure such land, which right is prior in
 1876  interest to the right in the county created by this section,
 1877  provided that such riparian owner shall be required to pay for
 1878  such land upon such prices, terms, and conditions as determined
 1879  by the board of trustees. Such riparian owner may waive this
 1880  prior right, in which case this section shall apply.
 1881         (2)(6) This section does not apply to:
 1882         (a) Any land exchange approved by the board of trustees;
 1883         (b) The conveyance of any lands located within the
 1884  Everglades Agricultural Area; or
 1885         (c) Lands managed pursuant to ss. 253.781-253.785.
 1886         Section 8. Section 253.42, Florida Statutes, is amended to
 1887  read:
 1888         253.42 Board of trustees may exchange lands.—The provisions
 1889  of This section applies apply to all lands owned by, vested in,
 1890  or titled in the name of the board of trustees whether the lands
 1891  were acquired by the state as a purchase, or through gift,
 1892  donation, or any other conveyance for which no consideration was
 1893  paid.
 1894         (1) The board of trustees may exchange any lands owned by,
 1895  vested in, or titled in its the name of the board for other
 1896  lands in the state owned by counties, local governments,
 1897  individuals, or private or public corporations, and may fix the
 1898  terms and conditions of any such exchange. Any nonconservation
 1899  lands that were acquired by the state through gift, donation, or
 1900  any other conveyance for which no consideration was paid must
 1901  first be offered at no cost to a county or local government
 1902  unless otherwise provided in a deed restriction of record or
 1903  other legal impediment, and so long as the use proposed by the
 1904  county or local government is for a public purpose. For
 1905  conservation lands acquired by the state through gift, donation,
 1906  or any other conveyance for which no consideration was paid, the
 1907  state may request land of equal conservation value from the
 1908  county or local government but no other consideration.
 1909         (2) In exchanging state-owned lands not acquired by the
 1910  state through gift, donation, or any other conveyance for which
 1911  no consideration was paid, with counties or local governments,
 1912  the board of trustees shall require an exchange of equal value.
 1913  Equal value is defined as the conservation benefit of the lands
 1914  being offered for exchange by a county or local government being
 1915  equal or greater in conservation benefit than the state-owned
 1916  lands. Such exchanges may include cash transactions if based on
 1917  an appropriate measure of value of the state-owned land, but
 1918  must also include the determination of a net-positive
 1919  conservation benefit by the Acquisition and Restoration Council,
 1920  irrespective of appraised value.
 1921         (3) The board of trustees shall select and agree upon the
 1922  state lands to be exchanged and the lands to be conveyed to the
 1923  state and shall pay or receive any sum of money the board of
 1924  trustees deems deemed necessary by the board for the purpose of
 1925  equalizing the value of the exchanged property. The board of
 1926  trustees is authorized to make and enter into contracts or
 1927  agreements for such purpose or purposes.
 1928         (4)(a)A person who owns land contiguous to state-owned
 1929  land titled to the board of trustees may submit a request to the
 1930  Division of State Lands to exchange all or a portion of the
 1931  privately owned land for all or a portion of the state-owned
 1932  land, whereby the state retains a permanent conservation
 1933  easement over all or a portion of the exchanged state-owned land
 1934  and a permanent conservation easement over all or a portion of
 1935  the exchanged privately owned land. State-owned land exchanged
 1936  pursuant to this subsection shall be contiguous to the privately
 1937  owned land upon which the state retains a permanent conservation
 1938  easement. If the division elects to proceed with a request, the
 1939  division must submit the request to the Acquisition and
 1940  Restoration Council for review and the council must provide
 1941  recommendations to the division. If the division elects to
 1942  forward a request to the board of trustees, the division must
 1943  provide its recommendations and the recommendations of the
 1944  council to the board. This subsection does not apply to state
 1945  owned sovereign submerged land.
 1946         (b)After receiving a request and the division’s
 1947  recommendations, the board of trustees shall consider such
 1948  request and recommendations and may approve the request if:
 1949         1.At least 30 percent of the perimeter of the privately
 1950  owned land is bordered by state-owned land and the exchange does
 1951  not create an inholding.
 1952         2.The approval does not result in a violation of the terms
 1953  of a preexisting lease or agreement by the board of trustees,
 1954  the Department of Environmental Protection, the Department of
 1955  Agriculture and Consumer Services, or the Fish and Wildlife
 1956  Conservation Commission.
 1957         3.For state-owned land purchased for conservation
 1958  purposes, the board of trustees makes a determination that the
 1959  exchange of land under this subsection will result in a net
 1960  positive conservation benefit.
 1961         4.The approval does not conflict with any existing flowage
 1962  easement.
 1963         5.The request is approved by three or more members of the
 1964  board of trustees.
 1965         (c)Special consideration shall be given to a request that
 1966  maintains public access for any recreational purpose allowed on
 1967  the state-owned land at the time the request is submitted to the
 1968  board of trustees. A person who maintains public access pursuant
 1969  to this paragraph is entitled to the limitation on liability
 1970  provided in s. 375.251.
 1971         (d)Land subject to a permanent conservation easement
 1972  granted pursuant to this subsection is subject to inspection by
 1973  the Department of Environmental Protection to ensure compliance
 1974  with the terms of the permanent conservation easement.
 1975         Section 9. Subsection (2) of section 253.782, Florida
 1976  Statutes, is amended to read:
 1977         253.782 Retention of state-owned lands in and around Lake
 1978  Rousseau and the Cross Florida Barge Canal right-of-way from
 1979  Lake Rousseau west to the Withlacoochee River.—
 1980         (2) The Department of Environmental Protection is
 1981  authorized and directed to retain ownership of and maintain all
 1982  lands or interests in land owned by the Board of Trustees of the
 1983  Internal Improvement Trust Fund, including all fee and less than
 1984  fee less-than-fee interests in lands previously owned by the
 1985  canal authority in Lake Rousseau and the Cross Florida Barge
 1986  Canal right-of-way from Lake Rousseau at U.S. Highway 41 west to
 1987  and including the Withlacoochee River.
 1988         Section 10. Section 253.7821, Florida Statutes, is amended
 1989  to read:
 1990         253.7821 Cross Florida Greenways State Recreation and
 1991  Conservation Area assigned to the Department of Environmental
 1992  Protection Office of the Executive Director.—The Cross Florida
 1993  Greenways State Recreation and Conservation Area is hereby
 1994  established and is initially assigned to the department Office
 1995  of Greenways Management within the Office of the Secretary. The
 1996  department office shall manage the greenways pursuant to the
 1997  department’s existing statutory authority until administrative
 1998  rules are adopted by the department. However, the provisions of
 1999  this act shall control in any conflict between this act and any
 2000  other authority of the department.
 2001         Section 11. Section 253.87, Florida Statutes, is created to
 2002  read:
 2003         253.87Inventory of state, federal, and local government
 2004  conservation lands by the Department of Environmental
 2005  Protection.—
 2006         (1)By July 1, 2018, the department shall include in the
 2007  Florida State-Owned Lands and Records Information System (FL
 2008  SOLARIS) database all federally owned conservation lands in the
 2009  state, all lands on which the Federal Government retains a
 2010  permanent conservation easement in the state, and all lands on
 2011  which the state retains a permanent conservation easement. The
 2012  department shall update the database at least every 5 years.
 2013         (2)By July 1, 2018, for counties and municipalities, and
 2014  by July 1, 2019, for financially disadvantaged small
 2015  communities, as defined in s. 403.1838, and at least every 5
 2016  years thereafter, respectively, each county, municipality, and
 2017  financially disadvantaged small community shall identify all
 2018  conservation lands that it owns in fee simple and all lands on
 2019  which it retains a permanent conservation easement and submit,
 2020  in a manner determined by the department, a list of such lands
 2021  to the department. Within 6 months after receiving such list,
 2022  the department shall add such lands to the FL-SOLARIS database.
 2023         (3)By January 1, 2018, the department shall conduct a
 2024  study and submit a report to the Governor, the President of the
 2025  Senate, and the Speaker of the House of Representatives on the
 2026  technical and economic feasibility of including the following
 2027  lands in the FL-SOLARIS database or a similar public lands
 2028  inventory:
 2029         (a)All lands on which local comprehensive plans, land use
 2030  restrictions, zoning ordinances, or land development regulations
 2031  prohibit the land from being developed or limit the amount of
 2032  development to one unit per 40 or more acres.
 2033         (b)All publicly and privately owned lands for which
 2034  development rights have been transferred.
 2035         (c)All privately owned lands under a permanent
 2036  conservation easement.
 2037         (d)All lands owned by a nonprofit or nongovernmental
 2038  organization for conservation purposes.
 2039         (e)All lands that are part of a mitigation bank.
 2040         Section 12. Section 259.01, Florida Statutes, is amended to
 2041  read:
 2042         259.01 Short title.—This chapter shall be known and may be
 2043  cited as the “Land Conservation Program Act of 1972.”
 2044         Section 13. Section 259.02, Florida Statutes, is repealed.
 2045         Section 14. Subsections (6), (7), and (8) and paragraphs
 2046  (a) and (d) of section (9) of section 259.032, Florida Statutes,
 2047  are amended to read:
 2048         259.032 Conservation and recreation lands.—
 2049         (6) Conservation and recreation lands are subject to the
 2050  selection procedures of s. 259.035 and related rules and shall
 2051  be acquired in accordance with acquisition procedures for state
 2052  lands provided for in s. 253.025 259.041, except as otherwise
 2053  provided by the Legislature. An inholding or an addition to
 2054  conservation and recreation lands is not subject to the
 2055  selection procedures of s. 259.035 if the estimated value of
 2056  such inholding or addition does not exceed $500,000. When at
 2057  least 90 percent of the acreage of a project has been purchased
 2058  for conservation and recreation purposes, the project may be
 2059  removed from the list and the remaining acreage may continue to
 2060  be purchased. Funds appropriated to acquire conservation and
 2061  recreation lands may be used for title work, appraisal fees,
 2062  environmental audits, and survey costs related to acquisition
 2063  expenses for lands to be acquired, donated, or exchanged which
 2064  qualify under the categories of this section, at the discretion
 2065  of the board. When the Legislature has authorized the department
 2066  of Environmental Protection to condemn a specific parcel of land
 2067  and such parcel has already been approved for acquisition, the
 2068  land may be acquired in accordance with the provisions of
 2069  chapter 73 or chapter 74, and the funds appropriated to acquire
 2070  conservation and recreation lands may be used to pay the
 2071  condemnation award and all costs, including reasonable attorney
 2072  fees, associated with condemnation.
 2073         (7) All lands managed under this chapter and s. 253.034
 2074  shall be:
 2075         (a) Managed in a manner that will provide the greatest
 2076  combination of benefits to the public and to the resources.
 2077         (b) Managed for public outdoor recreation which is
 2078  compatible with the conservation and protection of public lands.
 2079  Such management may include, but not be limited to, the
 2080  following public recreational uses: fishing, hunting, camping,
 2081  bicycling, hiking, nature study, swimming, boating, canoeing,
 2082  horseback riding, diving, model hobbyist activities, birding,
 2083  sailing, jogging, and other related outdoor activities
 2084  compatible with the purposes for which the lands were acquired.
 2085         (c)Managed for the purposes for which the lands were
 2086  acquired, consistent with paragraph (9)(a).
 2087         (c)(d) Concurrent with its adoption of the annual list of
 2088  acquisition projects pursuant to s. 259.035, the board of
 2089  trustees shall adopt a management prospectus for each project.
 2090  The management prospectus shall delineate:
 2091         1. The management goals for the property;
 2092         2. The conditions that will affect the intensity of
 2093  management;
 2094         3. An estimate of the revenue-generating potential of the
 2095  property, if appropriate;
 2096         4. A timetable for implementing the various stages of
 2097  management and for providing access to the public, if
 2098  applicable;
 2099         5. A description of potential multiple-use activities as
 2100  described in this section and s. 253.034;
 2101         6. Provisions for protecting existing infrastructure and
 2102  for ensuring the security of the project upon acquisition;
 2103         7. The anticipated costs of management and projected
 2104  sources of revenue, including legislative appropriations, to
 2105  fund management needs; and
 2106         8. Recommendations as to how many employees will be needed
 2107  to manage the property, and recommendations as to whether local
 2108  governments, volunteer groups, the former landowner, or other
 2109  interested parties can be involved in the management.
 2110         (d)(e) Concurrent with the approval of the acquisition
 2111  contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
 2112  interest in lands except those lands being acquired pursuant to
 2113  under the provisions of s. 259.1052, the board of trustees shall
 2114  designate an agency or agencies to manage such lands. The board
 2115  shall evaluate and amend, as appropriate, the management policy
 2116  statement for the project as provided by s. 259.035 to ensure
 2117  that the policy statement is compatible with conservation,
 2118  recreation, or both, consistent with the purposes for which the
 2119  lands are acquired. For any fee simple acquisition of a parcel
 2120  which is or will be leased back for agricultural purposes, or
 2121  any acquisition of a less than fee less-than-fee interest in
 2122  land that is or will be used for agricultural purposes, the
 2123  board of trustees of the Internal Improvement Trust Fund shall
 2124  first consider having a soil and water conservation district,
 2125  created pursuant to chapter 582, manage and monitor such
 2126  interests.
 2127         (e)(f) State agencies designated to manage lands acquired
 2128  under this chapter or with funds deposited into the Land
 2129  Acquisition Trust Fund, except those lands acquired under s.
 2130  259.1052, may contract with local governments and soil and water
 2131  conservation districts to assist in management activities,
 2132  including the responsibility of being the lead land manager.
 2133  Such land management contracts may include a provision for the
 2134  transfer of management funding to the local government or soil
 2135  and water conservation district from the land acquisition trust
 2136  fund of the lead land managing agency in an amount adequate for
 2137  the local government or soil and water conservation district to
 2138  perform its contractual land management responsibilities and
 2139  proportionate to its responsibilities, and which otherwise would
 2140  have been expended by the state agency to manage the property.
 2141         (f)(g) Immediately following the acquisition of any
 2142  interest in conservation and recreation lands, the department of
 2143  Environmental Protection, acting on behalf of the board of
 2144  trustees, may issue to the lead managing entity an interim
 2145  assignment letter to be effective until the execution of a
 2146  formal lease.
 2147         (8)(a) State, regional, or local governmental agencies or
 2148  private entities designated to manage lands under this section
 2149  shall develop and adopt, with the approval of the board of
 2150  trustees, an individual management plan for each project
 2151  designed to conserve and protect such lands and their associated
 2152  natural resources. Private sector involvement in management plan
 2153  development may be used to expedite the planning process.
 2154         (b) Individual management plans required by s. 253.034(5),
 2155  for parcels over 160 acres, shall be developed with input from
 2156  an advisory group. Members of this advisory group shall include,
 2157  at a minimum, representatives of the lead land managing agency,
 2158  comanaging entities, local private property owners, the
 2159  appropriate soil and water conservation district, a local
 2160  conservation organization, and a local elected official. If
 2161  habitat or potentially restorable habitat for imperiled species
 2162  is located on state lands, the Fish and Wildlife Conservation
 2163  Commission and the Department of Agriculture and Consumer
 2164  Services shall be included on any advisory group required under
 2165  chapter 253, and the short-term and long-term management goals
 2166  required under chapter 253 must advance the goals and objectives
 2167  of imperiled species management without restricting other uses
 2168  identified in the management plan. The advisory group shall
 2169  conduct at least one public hearing within the county in which
 2170  the parcel or project is located. For those parcels or projects
 2171  that are within more than one county, at least one areawide
 2172  public hearing shall be acceptable and the lead managing agency
 2173  shall invite a local elected official from each county. The
 2174  areawide public hearing shall be held in the county in which the
 2175  core parcels are located. Notice of such public hearing shall be
 2176  posted on the parcel or project designated for management,
 2177  advertised in a paper of general circulation, and announced at a
 2178  scheduled meeting of the local governing body before the actual
 2179  public hearing. The management prospectus required pursuant to
 2180  paragraph (7)(c) (7)(d) shall be available to the public for a
 2181  period of 30 days before prior to the public hearing.
 2182         (c) Once a plan is adopted, the managing agency or entity
 2183  shall update the plan at least every 10 years in a form and
 2184  manner adopted prescribed by rule of the board of trustees. Such
 2185  updates, for parcels over 160 acres, shall be developed with
 2186  input from an advisory group. Such plans may include transfers
 2187  of leasehold interests to appropriate conservation organizations
 2188  or governmental entities designated by the Land Acquisition and
 2189  Management Advisory council or its successor, for uses
 2190  consistent with the purposes of the organizations and the
 2191  protection, preservation, conservation, restoration, and proper
 2192  management of the lands and their resources. Volunteer
 2193  management assistance is encouraged, including, but not limited
 2194  to, assistance by youths participating in programs sponsored by
 2195  state or local agencies, by volunteers sponsored by
 2196  environmental or civic organizations, and by individuals
 2197  participating in programs for committed delinquents and adults.
 2198         (d)1. For each project for which lands are acquired after
 2199  July 1, 1995, an individual management plan shall be adopted and
 2200  in place no later than 1 year after the essential parcel or
 2201  parcels identified in the priority list developed pursuant to s.
 2202  259.105 have been acquired. The department of Environmental
 2203  Protection shall distribute only 75 percent of the acquisition
 2204  funds to which a budget entity or water management district
 2205  would otherwise be entitled to any budget entity or any water
 2206  management district that has more than one-third of its
 2207  management plans overdue.
 2208         2.The requirements of subparagraph 1. do not apply to the
 2209  individual management plan for the Babcock Crescent B Ranch
 2210  being acquired pursuant to s. 259.1052. The management plan for
 2211  the ranch shall be adopted and in place no later than 2 years
 2212  following the date of acquisition by the state.
 2213         (e) Individual management plans shall conform to the
 2214  appropriate policies and guidelines of the state land management
 2215  plan and shall include, but not be limited to:
 2216         1. A statement of the purpose for which the lands were
 2217  acquired, the projected use or uses as defined in s. 253.034,
 2218  and the statutory authority for such use or uses.
 2219         2. Key management activities necessary to achieve the
 2220  desired outcomes, including, but not limited to, providing
 2221  public access, preserving and protecting natural resources,
 2222  protecting cultural and historical resources, restoring habitat,
 2223  protecting threatened and endangered species, controlling the
 2224  spread of nonnative plants and animals, performing prescribed
 2225  fire activities, and other appropriate resource management.
 2226         3. A specific description of how the managing agency plans
 2227  to identify, locate, protect, and preserve, or otherwise use
 2228  fragile, nonrenewable natural and cultural resources.
 2229         4. A priority schedule for conducting management
 2230  activities, based on the purposes for which the lands were
 2231  acquired.
 2232         5. A cost estimate for conducting priority management
 2233  activities, to include recommendations for cost-effective
 2234  methods of accomplishing those activities.
 2235         6. A cost estimate for conducting other management
 2236  activities which would enhance the natural resource value or
 2237  public recreation value for which the lands were acquired. The
 2238  cost estimate shall include recommendations for cost-effective
 2239  methods of accomplishing those activities.
 2240         7. A determination of the public uses and public access
 2241  that would be compatible with conservation, recreation, or both
 2242  that would be consistent with the purposes for which the lands
 2243  were acquired.
 2244         (f) The Division of State Lands shall submit a copy of each
 2245  individual management plan for parcels which exceed 160 acres in
 2246  size to each member of the Acquisition and Restoration council,
 2247  which shall:
 2248         1. Within 60 days after receiving a plan from the Division
 2249  of State Lands, review each plan for compliance with the
 2250  requirements of this subsection and with the requirements of the
 2251  rules adopted established by the board pursuant to this
 2252  subsection.
 2253         2. Consider the propriety of the recommendations of the
 2254  managing agency with regard to the future use or protection of
 2255  the property.
 2256         3. After its review, submit the plan, along with its
 2257  recommendations and comments, to the board of trustees, with
 2258  recommendations as to whether to approve the plan as submitted,
 2259  approve the plan with modifications, or reject the plan.
 2260         (g) The board of trustees shall consider the individual
 2261  management plan submitted by each state agency and the
 2262  recommendations of the Acquisition and Restoration council and
 2263  the department Division of State Lands and shall approve the
 2264  plan with or without modification or reject such plan. The use
 2265  or possession of any lands owned by the board of trustees which
 2266  is not in accordance with an approved individual management plan
 2267  is subject to termination by the board of trustees.
 2268  
 2269  By July 1 of each year, each governmental agency and each
 2270  private entity designated to manage lands shall report to the
 2271  Secretary of Environmental Protection on the progress of
 2272  funding, staffing, and resource management of every project for
 2273  which the agency or entity is responsible.
 2274         (9)(a) The Legislature recognizes that acquiring lands
 2275  pursuant to this chapter serves the public interest by
 2276  protecting land, air, and water resources which contribute to
 2277  the public health and welfare, providing areas for natural
 2278  resource based recreation, and ensuring the survival of unique
 2279  and irreplaceable plant and animal species. The Legislature
 2280  intends for these lands to be managed and maintained in a manner
 2281  that is compatible with conservation, recreation, or both,
 2282  consistent with the land management plan for the purposes for
 2283  which they were acquired and for the public to have access to
 2284  and use of these lands if public access where it is consistent
 2285  with acquisition purposes and would not harm the resources the
 2286  state is seeking to protect on the public’s behalf.
 2287         (d) Up to one-fifth of the funds appropriated for the
 2288  purposes identified in paragraph (b) shall be reserved by the
 2289  board of trustees for interim management of acquisitions and for
 2290  associated contractual services, to ensure the conservation and
 2291  protection of natural resources on project sites and to allow
 2292  limited public recreational use of lands. Interim management
 2293  activities may include, but not be limited to, resource
 2294  assessments, control of invasive, nonnative species, habitat
 2295  restoration, fencing, law enforcement, controlled burning, and
 2296  public access consistent with preliminary determinations made
 2297  pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
 2298  make these interim funds available immediately upon purchase.
 2299         Section 15. Subsection (3) and paragraph (a) of subsection
 2300  (4) of section 259.035, Florida Statutes, are amended to read:
 2301         259.035 Acquisition and Restoration Council.—
 2302         (3) The council shall provide assistance to the board of
 2303  trustees in reviewing the recommendations and plans for state
 2304  owned conservation lands required under s. 253.034 and this
 2305  chapter. The council shall, in reviewing such recommendations
 2306  and plans, consider the optimization of multiple-use and
 2307  conservation strategies to accomplish the provisions funded
 2308  pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
 2309  to s. 259.105(3)(b).
 2310         (4)(a) By December 1, 2016, the Acquisition and Restoration
 2311  council shall develop rules defining specific criteria and
 2312  numeric performance measures needed for lands that are to be
 2313  acquired for public purpose under the Florida Forever program
 2314  pursuant to s. 259.105 or with funds deposited into the Land
 2315  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 2316  Constitution. These rules shall be reviewed and adopted by the
 2317  board, then submitted to the Legislature for consideration by
 2318  February 1, 2017. The Legislature may reject, modify, or take no
 2319  action relative to the proposed rules. If no action is taken,
 2320  the rules shall be implemented. Subsequent to their approval,
 2321  each recipient of funds from the Land Acquisition Trust Fund
 2322  shall annually report to the department Division of State Lands
 2323  on each of the numeric performance measures accomplished during
 2324  the previous fiscal year.
 2325         Section 16. Subsections (1), (2), (4), and (5) of section
 2326  259.036, Florida Statutes, are amended to read:
 2327         259.036 Management review teams.—
 2328         (1) To determine whether conservation, preservation, and
 2329  recreation lands titled in the name of the board of Trustees of
 2330  the Internal Improvement Trust Fund are being managed for the
 2331  purposes that are compatible with conservation, preservation, or
 2332  recreation for which they were acquired and in accordance with a
 2333  land management plan adopted pursuant to s. 259.032, the board
 2334  of trustees, acting through the department of Environmental
 2335  Protection, shall cause periodic management reviews to be
 2336  conducted as follows:
 2337         (a) The department shall establish a regional land
 2338  management review team composed of the following members:
 2339         1. One individual who is from the county or local community
 2340  in which the parcel or project is located and who is selected by
 2341  the county commission in the county which is most impacted by
 2342  the acquisition.
 2343         2. One individual from the Division of Recreation and Parks
 2344  of the department.
 2345         3. One individual from the Florida Forest Service of the
 2346  Department of Agriculture and Consumer Services.
 2347         4. One individual from the Fish and Wildlife Conservation
 2348  Commission.
 2349         5. One individual from the department’s district office in
 2350  which the parcel is located.
 2351         6. A private land manager, preferably from the local
 2352  community, mutually agreeable to the state agency
 2353  representatives.
 2354         7. A member or staff from the jurisdictional water
 2355  management district or of the local soil and water conservation
 2356  district board of supervisors.
 2357         8. A member of a conservation organization.
 2358         (b) The department staff of the Division of State Lands
 2359  shall act as the review team coordinator for the purposes of
 2360  establishing schedules for the reviews and other staff
 2361  functions. The Legislature shall appropriate funds necessary to
 2362  implement land management review team functions.
 2363         (2) The land management review team shall review select
 2364  management areas before prior to the date the manager is
 2365  required to submit a 10-year land management plan update. For
 2366  management areas that exceed 1,000 acres in size, the department
 2367  Division of State Lands shall schedule a land management review
 2368  at least every 5 years. A copy of the review shall be provided
 2369  to the manager, the department Division of State Lands, and the
 2370  Acquisition and Restoration council. The manager shall consider
 2371  the findings and recommendations of the land management review
 2372  team in finalizing the required 10-year update of its management
 2373  plan.
 2374         (4) In the event a land management plan has not been
 2375  adopted within the timeframes specified in s. 259.032(8), the
 2376  department may direct a management review of the property, to be
 2377  conducted by the land management review team. The review shall
 2378  consider the extent to which the land is being managed in a
 2379  manner that is compatible with conservation, recreation, or both
 2380  for the purposes for which it was acquired and the degree to
 2381  which actual management practices are in compliance with the
 2382  management policy statement and management prospectus for that
 2383  property.
 2384         (5) If the land management review team determines that
 2385  reviewed lands are not being managed in a manner that is
 2386  compatible with conservation, recreation, or both, consistent
 2387  for the purposes for which they were acquired or in compliance
 2388  with the adopted land management plan, management policy
 2389  statement, or management prospectus, or if the managing agency
 2390  fails to address the review findings in the updated management
 2391  plan, the department shall provide the review findings to the
 2392  board, and the managing agency must report to the board its
 2393  reasons for managing the lands as it has.
 2394         Section 17. Section 259.037, Florida Statutes, is amended
 2395  to read:
 2396         259.037 Land Management Uniform Accounting Council.—
 2397         (1) The Land Management Uniform Accounting Council (LMUAC)
 2398  is created within the Department of Environmental Protection and
 2399  shall consist of the director of the Division of State Lands,
 2400  the director of the Division of Recreation and Parks, and the
 2401  director of the Office of Coastal and Aquatic Managed Areas, and
 2402  the director of the Office of Greenways and Trails of the
 2403  department of Environmental Protection; the director of the
 2404  Florida Forest Service of the Department of Agriculture and
 2405  Consumer Services; the executive director of the Fish and
 2406  Wildlife Conservation Commission; and the director of the
 2407  Division of Historical Resources of the Department of State, or
 2408  their respective designees. Each state agency represented on the
 2409  LMUAC council shall have one vote. The chair of the LMUAC
 2410  council shall rotate annually in the foregoing order of state
 2411  agencies. The agency of the representative serving as chair of
 2412  the council shall provide staff support for the LMUAC council.
 2413  The Division of State Lands shall serve as the recipient of and
 2414  repository for the LMUAC’s council’s documents. The LMUAC
 2415  council shall meet at the request of the chair.
 2416         (2) The Auditor General and the director of the Office of
 2417  Program Policy Analysis and Government Accountability, or their
 2418  designees, shall advise the LMUAC council to ensure that
 2419  appropriate accounting procedures are used utilized and that a
 2420  uniform method of collecting and reporting accurate costs of
 2421  land management activities are created and can be used by all
 2422  agencies.
 2423         (3)(a) All land management activities and costs must be
 2424  assigned to a specific category, and any single activity or cost
 2425  may not be assigned to more than one category. Administrative
 2426  costs, such as planning or training, shall be segregated from
 2427  other management activities. Specific management activities and
 2428  costs must initially be grouped, at a minimum, within the
 2429  following categories:
 2430         1. Resource management.
 2431         2. Administration.
 2432         3. Support.
 2433         4. Capital improvements.
 2434         5. Recreation visitor services.
 2435         6. Law enforcement activities.
 2436  
 2437  Upon adoption of the initial list of land management categories
 2438  by the LMUAC council, agencies assigned to manage conservation
 2439  or recreation lands shall, on July 1, 2000, begin to account for
 2440  land management costs in accordance with the category to which
 2441  an expenditure is assigned.
 2442         (b) Each reporting agency shall also:
 2443         1. Include a report of the available public use
 2444  opportunities for each management unit of state land, the total
 2445  management cost for public access and public use, and the cost
 2446  associated with each use option.
 2447         2. List the acres of land requiring minimal management
 2448  effort, moderate management effort, and significant management
 2449  effort pursuant to s. 259.032(9)(c). For each category created
 2450  in paragraph (a), the reporting agency shall include the amount
 2451  of funds requested, the amount of funds received, and the amount
 2452  of funds expended for land management.
 2453         3. List acres managed and cost of management for each park,
 2454  preserve, forest, reserve, or management area.
 2455         4. List acres managed, cost of management, and lead manager
 2456  for each state lands management unit for which secondary
 2457  management activities were provided.
 2458         5. Include a report of the estimated calculable financial
 2459  benefits to the public for the ecosystem services provided by
 2460  conservation lands, based on the best readily available
 2461  information or science that provides a standard measurement
 2462  methodology to be consistently applied by the land managing
 2463  agencies. Such information may include, but need not be limited
 2464  to, the value of natural lands for protecting the quality and
 2465  quantity of drinking water through natural water filtration and
 2466  recharge, contributions to protecting and improving air quality,
 2467  benefits to agriculture through increased soil productivity and
 2468  preservation of biodiversity, and savings to property and lives
 2469  through flood control.
 2470         (4) The LMUAC council shall provide a report of the
 2471  agencies’ expenditures pursuant to the adopted categories to the
 2472  Acquisition and Restoration Council and the Division of State
 2473  Lands for inclusion in its annual report required pursuant to s.
 2474  259.036.
 2475         (5) Should the LMUAC council determine that the list of
 2476  land management categories needs to be revised, it shall meet
 2477  upon the call of the chair.
 2478         (6) Biennially, each reporting agency shall also submit an
 2479  operational report for each management area along with an
 2480  approved management plan. The report should assess the progress
 2481  toward achieving short-term and long-term management goals of
 2482  the approved management plan, including all land management
 2483  activities, and identify any deficiencies in management and
 2484  corrective actions to address identified deficiencies as
 2485  appropriate. This report shall be submitted to the Acquisition
 2486  and Restoration Council and the Division of State Lands for
 2487  inclusion in its annual report required pursuant to s. 259.036.
 2488         Section 18. Subsections (1) through (6) and subsections (8)
 2489  through (19) of section 259.041, Florida Statutes, are repealed.
 2490         Section 19. Subsection (2) of section 259.047, Florida
 2491  Statutes, is amended to read:
 2492         259.047 Acquisition of land on which an agricultural lease
 2493  exists.—
 2494         (2) If Where consistent with the purposes of conservation
 2495  and recreation for which the property was acquired, the state or
 2496  acquiring entity shall make reasonable efforts to keep lands in
 2497  agricultural production which are in agricultural production at
 2498  the time of acquisition.
 2499         Section 20. Subsection (8) of section 259.101, Florida
 2500  Statutes, is renumbered as subsection (7), and subsection (5),
 2501  paragraph (a) of subsection (6), and present subsection (7) of
 2502  that section are amended, to read:
 2503         259.101 Florida Preservation 2000 Act.—
 2504         (5) DISPOSITION OF LANDS.—
 2505         (a) Any lands acquired pursuant to former paragraphs
 2506  (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
 2507  section, Florida Statutes 2014, if title to such lands is vested
 2508  in the board of Trustees of the Internal Improvement Trust Fund,
 2509  may be disposed of by the board of Trustees of the Internal
 2510  Improvement Trust Fund in accordance with the provisions and
 2511  procedures set forth in s. 253.0341 253.034(6), and lands
 2512  acquired pursuant to former paragraph (3)(b) of this section,
 2513  Florida Statutes 2014, may be disposed of by the owning water
 2514  management district in accordance with the procedures and
 2515  provisions set forth in ss. 373.056 and 373.089 provided such
 2516  disposition also shall satisfy the requirements of paragraphs
 2517  (b) and (c).
 2518         (b) Before land acquired with Preservation 2000 funds may
 2519  be surplused as required by s. 253.0341 253.034(6) or determined
 2520  to be no longer required for its purposes under s. 373.056(4),
 2521  as applicable, there shall first be a determination by the board
 2522  of Trustees of the Internal Improvement Trust Fund, or, in the
 2523  case of water management district lands, by the owning water
 2524  management district, that such land no longer needs to be
 2525  preserved in furtherance of the intent of the Florida
 2526  Preservation 2000 Act. Any lands eligible to be disposed of
 2527  under this procedure also may be used to acquire other lands
 2528  through an exchange of lands if such lands obtained in an
 2529  exchange are described in the same paragraph of former
 2530  subsection (3) of this section, Florida Statutes 2014, as the
 2531  lands disposed.
 2532         (c) Revenue derived from the disposal of lands acquired
 2533  with Preservation 2000 funds may not be used for any purpose
 2534  except for deposit into the Florida Forever Trust Fund within
 2535  the department of Environmental Protection, for recredit to the
 2536  share held under former subsection (3) of this section, Florida
 2537  Statutes 2014, in which such disposed land is described.
 2538         (6) ALTERNATE USES OF ACQUIRED LANDS.—
 2539         (a) The board of Trustees of the Internal Improvement Trust
 2540  Fund, or, in the case of water management district lands, the
 2541  owning water management district, may authorize the granting of
 2542  a lease, easement, or license for the use of any lands acquired
 2543  pursuant to former subsection (3) of this section, Florida
 2544  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2545  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2546  Art. XII of the State Constitution, and any other incidental
 2547  public or private use that is determined by the board or the
 2548  owning water management district to be compatible with
 2549  conservation, preservation, or recreation the purposes for which
 2550  such lands were acquired.
 2551         (7)ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
 2552         (a)The Legislature finds that, with the increasing
 2553  pressures on the natural areas of this state, the state must
 2554  develop creative techniques to maximize the use of acquisition
 2555  and management moneys. The Legislature finds that the state’s
 2556  environmental land-buying agencies should be encouraged to
 2557  augment their traditional, fee simple acquisition programs with
 2558  the use of alternatives to fee simple acquisition techniques.
 2559  The Legislature also finds that using alternatives to fee simple
 2560  acquisition by public land-buying agencies will achieve the
 2561  following public policy goals:
 2562         1.Allow more lands to be brought under public protection
 2563  for preservation, conservation, and recreational purposes at
 2564  less expense using public funds.
 2565         2.Retain, on local government tax rolls, some portion of
 2566  or interest in lands that are under public protection.
 2567         3.Reduce long-term management costs by allowing private
 2568  property owners to continue acting as stewards of the land, as
 2569  appropriate.
 2570  
 2571  Therefore, it is the intent of the Legislature that public land
 2572  buying agencies develop programs to pursue alternatives to fee
 2573  simple acquisition and to educate private landowners about such
 2574  alternatives and the benefits of such alternatives. It also is
 2575  the intent of the Legislature that the department and the water
 2576  management districts spend a portion of their shares of
 2577  Preservation 2000 bond proceeds to purchase eligible properties
 2578  using alternatives to fee simple acquisition. Finally, it is the
 2579  intent of the Legislature that public agencies acquire lands in
 2580  fee simple for public access and recreational activities. Lands
 2581  protected using alternatives to fee simple acquisition
 2582  techniques may not be accessible to the public unless such
 2583  access is negotiated with and agreed to by the private
 2584  landowners who retain interests in such lands.
 2585         (b)The Land Acquisition Advisory Council and the water
 2586  management districts shall identify, within their 1997
 2587  acquisition plans, those projects that require a full fee simple
 2588  interest to achieve the public policy goals, along with the
 2589  reasons why full title is determined to be necessary. The
 2590  council and the water management districts may use alternatives
 2591  to fee simple acquisition to bring the remaining projects in
 2592  their acquisition plans under public protection. For the
 2593  purposes of this subsection, the term “alternatives to fee
 2594  simple acquisition” includes the purchase of development rights;
 2595  conservation easements; flowage easements; the purchase of
 2596  timber rights, mineral rights, or hunting rights; the purchase
 2597  of agricultural interests or silvicultural interests; land
 2598  protection agreements; fee simple acquisitions with
 2599  reservations; or any other acquisition technique that achieves
 2600  the public policy goals identified in paragraph (a). It is
 2601  presumed that a private landowner retains the full range of uses
 2602  for all the rights or interests in the landowner’s land which
 2603  are not specifically acquired by the public agency. Life estates
 2604  and fee simple acquisitions with leaseback provisions do not
 2605  qualify as an alternative to fee simple acquisition under this
 2606  subsection, although the department and the districts are
 2607  encouraged to use such techniques if appropriate.
 2608         (c)The department and each water management district shall
 2609  implement initiatives to use alternatives to fee simple
 2610  acquisition and to educate private landowners about such
 2611  alternatives. These initiatives must include at least two
 2612  acquisitions a year by the department and each water management
 2613  district utilizing alternatives to fee simple.
 2614         (d)The Legislature finds that the lack of direct sales
 2615  comparison information has served as an impediment to successful
 2616  implementation of alternatives to fee simple acquisition. It is
 2617  the intent of the Legislature that, in the absence of direct
 2618  comparable sales information, appraisals of alternatives to fee
 2619  simple acquisitions be based on the difference between the full
 2620  fee simple valuation and the value of the interests remaining
 2621  with the seller after acquisition.
 2622         (e)The public agency that has been assigned management
 2623  responsibility shall inspect and monitor any less-than-fee
 2624  simple interest according to the terms of the purchase agreement
 2625  relating to such interest.
 2626         (f)The department and the water management districts may
 2627  enter into joint acquisition agreements to jointly fund the
 2628  purchase of lands using alternatives to fee simple techniques.
 2629         Section 21. Paragraph (a) of subsection (2), paragraphs (i)
 2630  and (l) of subsection (3), subsections (10) and (13), paragraph
 2631  (i) of subsection (15), and subsection (19) of section 259.105,
 2632  Florida Statutes, are amended to read:
 2633         259.105 The Florida Forever Act.—
 2634         (2)(a) The Legislature finds and declares that:
 2635         1. Land acquisition programs have provided tremendous
 2636  financial resources for purchasing environmentally significant
 2637  lands to protect those lands from imminent development or
 2638  alteration, thereby ensuring present and future generations’
 2639  access to important waterways, open spaces, and recreation and
 2640  conservation lands.
 2641         2. The continued alteration and development of the state’s
 2642  Florida’s natural and rural areas to accommodate the state’s
 2643  growing population have contributed to the degradation of water
 2644  resources, the fragmentation and destruction of wildlife
 2645  habitats, the loss of outdoor recreation space, and the
 2646  diminishment of wetlands, forests, working landscapes, and
 2647  coastal open space.
 2648         3. The potential development of the state’s Florida’s
 2649  remaining natural areas and escalation of land values require
 2650  government efforts to restore, bring under public protection, or
 2651  acquire lands and water areas to preserve the state’s essential
 2652  ecological functions and invaluable quality of life.
 2653         4. It is essential to protect the state’s ecosystems by
 2654  promoting a more efficient use of land, to ensure opportunities
 2655  for viable agricultural activities on working lands, and to
 2656  promote vital rural and urban communities that support and
 2657  produce development patterns consistent with natural resource
 2658  protection.
 2659         5. The state’s Florida’s groundwater, surface waters, and
 2660  springs are under tremendous pressure due to population growth
 2661  and economic expansion and require special protection and
 2662  restoration efforts, including the protection of uplands and
 2663  springsheds that provide vital recharge to aquifer systems and
 2664  are critical to the protection of water quality and water
 2665  quantity of the aquifers and springs. To ensure that sufficient
 2666  quantities of water are available to meet the current and future
 2667  needs of the natural systems and citizens of the state, and
 2668  assist in achieving the planning goals of the department and the
 2669  water management districts, water resource development projects
 2670  on public lands, if where compatible with the resource values of
 2671  and management objectives for the lands, are appropriate.
 2672         6. The needs of urban, suburban, and small communities in
 2673  the state Florida for high-quality outdoor recreational
 2674  opportunities, greenways, trails, and open space have not been
 2675  fully met by previous acquisition programs. Through such
 2676  programs as the Florida Communities Trust and the Florida
 2677  Recreation Development Assistance Program, the state shall place
 2678  additional emphasis on acquiring, protecting, preserving, and
 2679  restoring open space, ecological greenways, and recreation
 2680  properties within urban, suburban, and rural areas where
 2681  pristine natural communities or water bodies no longer exist
 2682  because of the proximity of developed property.
 2683         7. Many of the state’s Florida’s unique ecosystems, such as
 2684  the Florida Everglades, are facing ecological collapse due to
 2685  the state’s Florida’s burgeoning population growth and other
 2686  economic activities. To preserve these valuable ecosystems for
 2687  future generations, essential parcels of land must be acquired
 2688  to facilitate ecosystem restoration.
 2689         8. Access to public lands to support a broad range of
 2690  outdoor recreational opportunities and the development of
 2691  necessary infrastructure, if where compatible with the resource
 2692  values of and management objectives for such lands, promotes an
 2693  appreciation for the state’s Florida’s natural assets and
 2694  improves the quality of life.
 2695         9. Acquisition of lands, in fee simple, less than fee less
 2696  than-fee interest, or other techniques shall be based on a
 2697  comprehensive science-based assessment of the state’s Florida’s
 2698  natural resources which targets essential conservation lands by
 2699  prioritizing all current and future acquisitions based on a
 2700  uniform set of data and planned so as to protect the integrity
 2701  and function of ecological systems and working landscapes, and
 2702  provide multiple benefits, including preservation of fish and
 2703  wildlife habitat, recreation space for urban and rural areas,
 2704  and the restoration of natural water storage, flow, and
 2705  recharge.
 2706         10. The state has embraced performance-based program
 2707  budgeting as a tool to evaluate the achievements of publicly
 2708  funded agencies, build in accountability, and reward those
 2709  agencies which are able to consistently achieve quantifiable
 2710  goals. While previous and existing state environmental programs
 2711  have achieved varying degrees of success, few of these programs
 2712  can be evaluated as to the extent of their achievements,
 2713  primarily because performance measures, standards, outcomes, and
 2714  goals were not established at the outset. Therefore, the Florida
 2715  Forever program shall be developed and implemented in the
 2716  context of measurable state goals and objectives.
 2717         11. The state must play a major role in the recovery and
 2718  management of its imperiled species through the acquisition,
 2719  restoration, enhancement, and management of ecosystems that can
 2720  support the major life functions of such species. It is the
 2721  intent of the Legislature to support local, state, and federal
 2722  programs that result in net benefit to imperiled species habitat
 2723  by providing public and private land owners meaningful
 2724  incentives for acquiring, restoring, managing, and repopulating
 2725  habitats for imperiled species. It is the further intent of the
 2726  Legislature that public lands, both existing and to be acquired,
 2727  identified by the lead land managing agency, in consultation
 2728  with the Florida Fish and Wildlife Conservation Commission for
 2729  animals or the Department of Agriculture and Consumer Services
 2730  for plants, as habitat or potentially restorable habitat for
 2731  imperiled species, be restored, enhanced, managed, and
 2732  repopulated as habitat for such species to advance the goals and
 2733  objectives of imperiled species management for conservation,
 2734  recreation, or both, consistent with the land management plan
 2735  purposes for which such lands are acquired without restricting
 2736  other uses identified in the management plan. It is also the
 2737  intent of the Legislature that of the proceeds distributed
 2738  pursuant to subsection (3), additional consideration be given to
 2739  acquisitions that achieve a combination of conservation goals,
 2740  including the restoration, enhancement, management, or
 2741  repopulation of habitat for imperiled species. The Acquisition
 2742  and Restoration council, in addition to the criteria in
 2743  subsection (9), shall give weight to projects that include
 2744  acquisition, restoration, management, or repopulation of habitat
 2745  for imperiled species. The term “imperiled species” as used in
 2746  this chapter and chapter 253, means plants and animals that are
 2747  federally listed under the Endangered Species Act, or state
 2748  listed by the Fish and Wildlife Conservation Commission or the
 2749  Department of Agriculture and Consumer Services.
 2750         a. As part of the state’s role, all state lands that have
 2751  imperiled species habitat shall include as a consideration in
 2752  management plan development the restoration, enhancement,
 2753  management, and repopulation of such habitats. In addition, the
 2754  lead land managing agency of such state lands may use fees
 2755  received from public or private entities for projects to offset
 2756  adverse impacts to imperiled species or their habitat in order
 2757  to restore, enhance, manage, repopulate, or acquire land and to
 2758  implement land management plans developed under s. 253.034 or a
 2759  land management prospectus developed and implemented under this
 2760  chapter. Such fees shall be deposited into a foundation or fund
 2761  created by each land management agency under s. 379.223, s.
 2762  589.012, or s. 259.032(9)(c), to be used solely to restore,
 2763  manage, enhance, repopulate, or acquire imperiled species
 2764  habitat.
 2765         b.Where habitat or potentially restorable habitat for
 2766  imperiled species is located on state lands, the Fish and
 2767  Wildlife Conservation Commission and the Department of
 2768  Agriculture and Consumer Services shall be included on any
 2769  advisory group required under chapter 253, and the short-term
 2770  and long-term management goals required under chapter 253 must
 2771  advance the goals and objectives of imperiled species management
 2772  consistent with the purposes for which the land was acquired
 2773  without restricting other uses identified in the management
 2774  plan.
 2775         12. There is a need to change the focus and direction of
 2776  the state’s major land acquisition programs and to extend
 2777  funding and bonding capabilities, so that future generations may
 2778  enjoy the natural resources of this state.
 2779         (3) Less the costs of issuing and the costs of funding
 2780  reserve accounts and other costs associated with bonds, the
 2781  proceeds of cash payments or bonds issued pursuant to this
 2782  section shall be deposited into the Florida Forever Trust Fund
 2783  created by s. 259.1051. The proceeds shall be distributed by the
 2784  department of Environmental Protection in the following manner:
 2785         (i) Three and five-tenths percent to the Department of
 2786  Agriculture and Consumer Services for the acquisition of
 2787  agricultural lands, through perpetual conservation easements and
 2788  other perpetual less than fee less-than-fee techniques, which
 2789  will achieve the objectives of Florida Forever and s. 570.71.
 2790  Rules concerning the application, acquisition, and priority
 2791  ranking process for such easements shall be developed pursuant
 2792  to s. 570.71(10) and as provided by this paragraph. The board
 2793  shall ensure that such rules are consistent with the acquisition
 2794  process provided for in s. 570.715 259.041. Provisions of The
 2795  rules developed pursuant to s. 570.71(10), shall also provide
 2796  for the following:
 2797         1. An annual priority list shall be developed pursuant to
 2798  s. 570.71(10), submitted to the Acquisition and Restoration
 2799  council for review, and approved by the board pursuant to s.
 2800  259.04.
 2801         2. Terms of easements and acquisitions proposed pursuant to
 2802  this paragraph shall be approved by the board and may shall not
 2803  be delegated by the board to any other entity receiving funds
 2804  under this section.
 2805         3. All acquisitions pursuant to this paragraph shall
 2806  contain a clear statement that they are subject to legislative
 2807  appropriation.
 2808  
 2809  No Funds provided under this paragraph may not shall be expended
 2810  until final adoption of rules by the board pursuant to s.
 2811  570.71.
 2812         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2813  the agencies that receive the funds shall develop their
 2814  individual acquisition or restoration lists in accordance with
 2815  specific criteria and numeric performance measures developed
 2816  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2817  they are identified within the original project boundary, the
 2818  management plan required pursuant to s. 253.034(5), or the
 2819  management prospectus required pursuant to s. 259.032(7)(c)
 2820  259.032(7)(d). Proposed additions not meeting the requirements
 2821  of this paragraph shall be submitted to the Acquisition and
 2822  Restoration council for approval. The council may only approve
 2823  the proposed addition if it meets two or more of the following
 2824  criteria: serves as a link or corridor to other publicly owned
 2825  property; enhances the protection or management of the property;
 2826  would add a desirable resource to the property; would create a
 2827  more manageable boundary configuration; has a high resource
 2828  value that otherwise would be unprotected; or can be acquired at
 2829  less than fair market value.
 2830         (10) The Acquisition and Restoration council shall give
 2831  increased priority to:
 2832         (a)those Projects for which matching funds are available.
 2833         (b)and to Project elements previously identified on an
 2834  acquisition list pursuant to this section that can be acquired
 2835  at 80 percent or less of appraised value.
 2836         (c)Projects that can be acquired in less than fee
 2837  ownership, such as a permanent conservation easement.
 2838         (d)Projects that contribute to improving the quality and
 2839  quantity of surface water and groundwater.
 2840         (e)Projects that contribute to improving the water quality
 2841  and flow of springs.
 2842         (f)The council shall also give increased priority to those
 2843  Projects for which where the state’s land conservation plans
 2844  overlap with the military’s need to protect lands, water, and
 2845  habitat to ensure the sustainability of military missions
 2846  including:
 2847         1.(a) Protecting habitat on nonmilitary land for any
 2848  species found on military land that is designated as threatened
 2849  or endangered, or is a candidate for such designation under the
 2850  Endangered Species Act or any Florida statute;
 2851         2.(b) Protecting areas underlying low-level military air
 2852  corridors or operating areas; and
 2853         3.(c) Protecting areas identified as clear zones, accident
 2854  potential zones, and air installation compatible use buffer
 2855  zones delineated by our military partners, and for which federal
 2856  or other funding is available to assist with the project.
 2857         (13) An affirmative vote of at least five members of the
 2858  Acquisition and Restoration council shall be required in order
 2859  to place a proposed project submitted pursuant to subsection (7)
 2860  on the proposed project list developed pursuant to subsection
 2861  (8). Any member of the council who by family or a business
 2862  relationship has a connection with any project proposed to be
 2863  ranked shall declare such interest before prior to voting for a
 2864  project’s inclusion on the list.
 2865         (15) The Acquisition and Restoration council shall submit
 2866  to the board of trustees, with its list of projects, a report
 2867  that includes, but need shall not be limited to, the following
 2868  information for each project listed:
 2869         (i) A management policy statement for the project and a
 2870  management prospectus pursuant to s. 259.032(7)(c)
 2871  259.032(7)(d).
 2872         (19) The Acquisition and Restoration council shall
 2873  recommend adoption of rules by the board of trustees necessary
 2874  to implement the provisions of this section relating to:
 2875  solicitation, scoring, selecting, and ranking of Florida Forever
 2876  project proposals; disposing of or leasing lands or water areas
 2877  selected for funding through the Florida Forever program; and
 2878  the process of reviewing and recommending for approval or
 2879  rejection the land management plans associated with publicly
 2880  owned properties. Rules promulgated pursuant to this subsection
 2881  shall be submitted to the President of the Senate and the
 2882  Speaker of the House of Representatives, for review by the
 2883  Legislature, no later than 30 days prior to the 2010 Regular
 2884  Session and shall become effective only after legislative
 2885  review. In its review, the Legislature may reject, modify, or
 2886  take no action relative to such rules. The board of trustees
 2887  shall conform such rules to changes made by the Legislature, or,
 2888  if no action was taken by the Legislature, such rules shall
 2889  become effective.
 2890         Section 22. Subsections (6) and (7) of section 259.1052,
 2891  Florida Statutes, are amended to read:
 2892         259.1052 Babcock Crescent B Ranch Florida Forever
 2893  acquisition; conditions for purchase.—
 2894         (6)In addition to distributions authorized under s.
 2895  259.105(3), the Department of Environmental Protection is
 2896  authorized to distribute $310 million in revenues from the
 2897  Florida Forever Trust Fund. This distribution shall represent
 2898  payment in full for the portion of the Babcock Crescent B Ranch
 2899  to be acquired by the state under this section.
 2900         (7)As used in this section, the term “state’s portion of
 2901  the Babcock Crescent B Ranch” comprises those lands to be
 2902  conveyed by special warranty deed to the Board of Trustees of
 2903  the Internal Improvement Trust Fund under the provisions of the
 2904  agreement for sale and purchase executed by the Board of
 2905  Trustees of the Internal Improvement Trust Fund, the Fish and
 2906  Wildlife Conservation Commission, the Department of Agriculture
 2907  and Consumer Services, and the participating local government,
 2908  as purchaser, and MSKP, III, a Florida corporation, as seller.
 2909         Section 23. Section 570.715, Florida Statutes, is created,
 2910  and subsection (7) of section 259.041, Florida Statutes, is
 2911  transferred, renumbered as subsection (5) of section 570.715,
 2912  Florida Statutes, and amended, to read:
 2913         570.715Conservation easement acquisition procedures.—
 2914         (1)For less than fee simple acquisitions pursuant to s.
 2915  570.71, the Department of Agriculture and Consumer Services
 2916  shall comply with the following acquisition procedures:
 2917         (a)Before conveyance of title by the department, evidence
 2918  of marketable title in the form of a commitment for title
 2919  insurance or an abstract of title with a title opinion shall be
 2920  obtained.
 2921         (b)Before approval by the board of trustees of an
 2922  agreement to purchase less than fee simple title to land
 2923  pursuant to s. 570.71, an appraisal of the parcel shall be
 2924  required as follows:
 2925         1.Each parcel to be acquired shall have at least one
 2926  appraisal. Two appraisals are required when the estimated value
 2927  of the parcel exceeds $1 million. However, when both appraisals
 2928  exceed $1 million and differ significantly, a third appraisal
 2929  may be obtained.
 2930         2.Appraisal fees and associated costs shall be paid by the
 2931  department. All appraisals used for the acquisition of less than
 2932  fee simple interest in lands pursuant to this section shall be
 2933  prepared by a state-certified appraiser who meets the standards
 2934  and criteria established by rule of the board of trustees. Each
 2935  appraiser selected to appraise a particular parcel shall, before
 2936  contracting with the department or a participant in a multiparty
 2937  agreement, submit to the department or participant an affidavit
 2938  substantiating that he or she has no vested or fiduciary
 2939  interest in such parcel.
 2940         (c)A certified survey must be made that meets the minimum
 2941  requirements for upland parcels established in the Standards of
 2942  Practice for Land Surveying in Florida published by the
 2943  department and that accurately portrays, to the greatest extent
 2944  practicable, the condition of the parcel as it currently exists.
 2945  The requirement for a certified survey may, in whole or in part,
 2946  be waived by the board of trustees any time before acquisition
 2947  of the less than fee simple interest. If an existing boundary
 2948  map and description of a parcel are determined by the department
 2949  to be sufficient for appraisal purposes, the department may
 2950  temporarily waive the requirement for a survey until any time
 2951  before conveyance of title to the parcel.
 2952         (d)On behalf of the board of trustees and before the
 2953  appraisal of parcels approved for purchase under ss.
 2954  259.105(3)(i) and 570.71, the department may enter into option
 2955  contracts to buy less than fee simple interest in such parcels.
 2956  Any such option contract shall state that the final purchase
 2957  price is subject to approval by the board of trustees and that
 2958  the final purchase price may not exceed the maximum offer
 2959  authorized by law. Any such option contract presented to the
 2960  board of trustees for final purchase price approval shall
 2961  explicitly state that payment of the final purchase price is
 2962  subject to an appropriation by the Legislature. The
 2963  consideration for any such option contract may not exceed $1,000
 2964  or 0.01 percent of the estimate by the department of the value
 2965  of the parcel, whichever amount is greater.
 2966         (e)A final offer shall be in the form of an option
 2967  contract or agreement for purchase of the less than fee simple
 2968  interest and shall be signed and attested to by the owner and
 2969  the department. Before the department signs the agreement for
 2970  purchase of the less than fee simple interest or exercises the
 2971  option contract, the requirements of s. 286.23 shall be complied
 2972  with.
 2973         (f)The procedures provided in s. 253.025(9)(a)–(d) and
 2974  (10) shall be followed.
 2975         (2)If the public’s interest is reasonably protected, the
 2976  board of trustees may:
 2977         (a)Waive any requirement of this section.
 2978         (b)Waive any rules adopted pursuant to s. 570.71,
 2979  notwithstanding chapter 120.
 2980         (c)Substitute any other reasonably prudent procedures,
 2981  including federally mandated acquisition procedures, for the
 2982  procedures in this section, if federal funds are available and
 2983  will be used for the purchase of a less than fee simple interest
 2984  in lands, title to which will vest in the board of trustees, and
 2985  qualification for such federal funds requires compliance with
 2986  federally mandated acquisition procedures.
 2987         (3)The less than fee simple land acquisition procedures
 2988  provided in this section are for voluntary, negotiated
 2989  acquisitions.
 2990         (4)For purposes of this section, the term “negotiations”
 2991  does not include preliminary contacts with the property owner to
 2992  determine availability or eligibility of the property, existing
 2993  appraisal data, existing abstracts, and surveys.
 2994         (5)(7)Prior to approval by the board of trustees or, when
 2995  applicable, the Department of Environmental Protection, of any
 2996  agreement to purchase land pursuant to this chapter, chapter
 2997  260, or chapter 375, and prior to negotiations with the parcel
 2998  owner to purchase any other land, title to which will vest in
 2999  the board of trustees, an appraisal of the parcel shall be
 3000  required as follows:
 3001         (a)The board of trustees shall adopt by rule the method
 3002  for determining the value of parcels sought to be acquired by
 3003  state agencies pursuant to this section.
 3004         (b)Each parcel to be acquired shall have at least one
 3005  appraisal. Two appraisals are required when the estimated value
 3006  of the parcel exceeds $1 million. However, when both appraisals
 3007  exceed $1 million and differ significantly, a third appraisal
 3008  may be obtained. When a parcel is estimated to be worth $100,000
 3009  or less and the director of the Division of State Lands finds
 3010  that the cost of obtaining an outside appraisal is not
 3011  justified, an appraisal prepared by the division may be used.
 3012         (c)Appraisal fees and associated costs shall be paid by
 3013  the agency proposing the acquisition. The board of trustees
 3014  shall approve qualified fee appraisal organizations. All
 3015  appraisals used for the acquisition of lands pursuant to this
 3016  section shall be prepared by a member of an approved appraisal
 3017  organization or by a state-certified appraiser who meets the
 3018  standards and criteria established in rule by the board of
 3019  trustees. Each fee appraiser selected to appraise a particular
 3020  parcel shall, prior to contracting with the agency or a
 3021  participant in a multiparty agreement, submit to that agency or
 3022  participant an affidavit substantiating that he or she has no
 3023  vested or fiduciary interest in such parcel.
 3024         (d)The fee appraiser and the review appraiser for the
 3025  agency shall not act in any way that may be construed as
 3026  negotiating with the property owner.
 3027         (e)Generally, Appraisal reports are confidential and
 3028  exempt from the provisions of s. 119.07(1), for use by the
 3029  department agency and the board of trustees, until an option
 3030  contract is executed or, if an no option contract is not
 3031  executed, until 2 weeks before a contract or agreement for
 3032  purchase is considered for approval by the board of trustees.
 3033  However, the department has the authority, at its discretion, to
 3034  disclose appraisal reports to private landowners during
 3035  negotiations for acquisitions using alternatives to fee simple
 3036  techniques, if the department determines that disclosure of such
 3037  reports will bring the proposed acquisition to closure. The
 3038  department Division of State Lands may also disclose appraisal
 3039  information to public agencies or nonprofit organizations that
 3040  agree to maintain the confidentiality of the reports or
 3041  information when joint acquisition of property is contemplated,
 3042  or when a public agency or nonprofit organization enters into a
 3043  written multiparty agreement with the department division to
 3044  purchase and hold property for subsequent resale to the
 3045  division. In addition, the division may use, as its own,
 3046  appraisals obtained by a public agency or nonprofit
 3047  organization, provided the appraiser is selected from the
 3048  division’s list of appraisers and the appraisal is reviewed and
 3049  approved by the division. For the purposes of this subsection
 3050  chapter, the term “nonprofit organization” means an organization
 3051  whose purposes include the preservation of natural resources,
 3052  and which is exempt from federal income tax under s. 501(c)(3)
 3053  of the Internal Revenue Code. The department agency may release
 3054  an appraisal report when the passage of time has rendered the
 3055  conclusions of value in the report invalid or when the
 3056  department acquiring agency has terminated negotiations.
 3057         (f)The Division of State Lands may use, as its own,
 3058  appraisals obtained by a public agency or nonprofit
 3059  organization, provided that the appraiser is selected from the
 3060  division’s list of appraisers and the appraisal is reviewed and
 3061  approved by the division. For the purposes of this chapter, the
 3062  term “nonprofit organization” means an organization whose
 3063  purposes include the preservation of natural resources and which
 3064  is exempt from federal income tax under s. 501(c)(3) of the
 3065  Internal Revenue Code.
 3066  
 3067  Notwithstanding the provisions of this subsection, on behalf of
 3068  the board and before the appraisal of parcels approved for
 3069  purchase under this chapter, the Secretary of Environmental
 3070  Protection or the director of the Division of State Lands may
 3071  enter into option contracts to buy such parcels. Any such option
 3072  contract shall state that the final purchase price is subject to
 3073  approval by the board or, when applicable, the secretary and
 3074  that the final purchase price may not exceed the maximum offer
 3075  allowed by law. Any such option contract presented to the board
 3076  for final purchase price approval shall explicitly state that
 3077  payment of the final purchase price is subject to an
 3078  appropriation from the Legislature. The consideration for such
 3079  an option may not exceed $1,000 or 0.01 percent of the estimate
 3080  by the department of the value of the parcel, whichever amount
 3081  is greater.
 3082         Section 24. Subsections (1), (3), and (7) of section
 3083  373.089, Florida Statutes, are amended, and subsection (8) is
 3084  added to that section, to read:
 3085         373.089 Sale or exchange of lands, or interests or rights
 3086  in lands.—The governing board of the district may sell lands, or
 3087  interests or rights in lands, to which the district has acquired
 3088  title or to which it may hereafter acquire title in the
 3089  following manner:
 3090         (1) Any lands, or interests or rights in lands, determined
 3091  by the governing board to be surplus may be sold by the
 3092  district, at any time, for the highest price obtainable;
 3093  however, in no case shall the selling price be less than the
 3094  appraised value of the lands, or interests or rights in lands,
 3095  as determined by a certified appraisal obtained within 360 120
 3096  days before the effective date of a contract for sale.
 3097         (3) Before selling any surplus land, or interests or rights
 3098  in land, it shall be the duty of the district to cause a notice
 3099  of intention to sell to be published in a newspaper published in
 3100  the county in which the land, or interests or rights in the
 3101  land, is situated once each week for 3 successive weeks, (three
 3102  insertions being sufficient.), The first publication of the
 3103  required notice must occur at least which shall be not less than
 3104  30 days, but not nor more than 360 45 days, before prior to any
 3105  sale and must include, which notice shall set forth a
 3106  description of lands, or interests or rights in lands, to be
 3107  offered for sale.
 3108         (7) Notwithstanding other provisions of this section, the
 3109  governing board shall first offer title to lands acquired in
 3110  whole or in part with Florida Forever funds which are determined
 3111  to be no longer needed for conservation purposes to the Board of
 3112  Trustees of the Internal Improvement Trust Fund unless the
 3113  disposition of those lands is for the following purposes:
 3114         (a) Linear facilities, including electric transmission and
 3115  distribution facilities, telecommunication transmission and
 3116  distribution facilities, pipeline transmission and distribution
 3117  facilities, public transportation corridors, and related
 3118  appurtenances.
 3119         (b) The disposition of the fee interest in the land where a
 3120  conservation easement is retained by the district to fulfill the
 3121  conservation objectives for which the land was acquired.
 3122         (c) An exchange of the land for other lands that meet or
 3123  exceed the conservation objectives for which the original land
 3124  was acquired in accordance with subsection (4).
 3125         (d) To be used by a governmental entity for a public
 3126  purpose.
 3127         (e) The portion of an overall purchase deemed surplus at
 3128  the time of the acquisition.
 3129         (8)If a parcel of land is no longer essential or necessary
 3130  for conservation purposes and is valued at $25,000 or less as
 3131  determined by a certified appraisal obtained within 360 days
 3132  before the effective date of a contract for the sale, the
 3133  governing board may determine that the parcel of land is
 3134  surplus. The notice of intention to sell must be published as
 3135  required under subsection (3), one time only. The governing
 3136  board shall send the notice of intention to sell the parcel to
 3137  adjacent property owners by certified mail and publish the
 3138  notice on its website.
 3139         (a) Fourteen days after publication of such notice, the
 3140  district may sell the parcel to an adjacent property owner or,
 3141  if there are two or more owners of adjacent property, accept
 3142  sealed bids and sell the parcel to the highest bidder or reject
 3143  all offers.
 3144         (b) Thirty days after publication of such notice, the
 3145  district shall accept sealed bids and may sell the parcel to the
 3146  highest bidder or reject all offers.
 3147  
 3148  If In the event the Board of Trustees of the Internal
 3149  Improvement Trust Fund declines to accept title to the lands
 3150  offered under this section, the land may be disposed of by the
 3151  district under the provisions of this section.
 3152         Section 25. Paragraph (d) of subsection (1) of section
 3153  73.015, Florida Statutes, is amended to read:
 3154         73.015 Presuit negotiation.—
 3155         (1) Effective July 1, 2000, before an eminent domain
 3156  proceeding is brought under this chapter or chapter 74, the
 3157  condemning authority must attempt to negotiate in good faith
 3158  with the fee owner of the parcel to be acquired, must provide
 3159  the fee owner with a written offer and, if requested, a copy of
 3160  the appraisal upon which the offer is based, and must attempt to
 3161  reach an agreement regarding the amount of compensation to be
 3162  paid for the parcel.
 3163         (d) Notwithstanding this subsection, with respect to lands
 3164  acquired under s. 253.025 259.041, the condemning authority is
 3165  not required to give the fee owner the current appraisal before
 3166  executing an option contract.
 3167         Section 26. Paragraph (b) of subsection (1) of section
 3168  125.355, Florida Statutes, is amended to read:
 3169         125.355 Proposed purchase of real property by county;
 3170  confidentiality of records; procedure.—
 3171         (1)
 3172         (b) If the exemptions provided in this section are
 3173  utilized, the governing body shall obtain at least one appraisal
 3174  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3175  for each purchase in an amount of not more than $500,000. For
 3176  each purchase in an amount in excess of $500,000, the governing
 3177  body shall obtain at least two appraisals by appraisers approved
 3178  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3179  price exceeds the average appraised price of the two appraisals,
 3180  the governing body is required to approve the purchase by an
 3181  extraordinary vote. The governing body may, by ordinary vote,
 3182  exempt a purchase in an amount of $100,000 or less from the
 3183  requirement for an appraisal.
 3184         Section 27. Paragraph (b) of subsection (1) of section
 3185  166.045, Florida Statutes, is amended to read:
 3186         166.045 Proposed purchase of real property by municipality;
 3187  confidentiality of records; procedure.—
 3188         (1)
 3189         (b) If the exemptions provided in this section are
 3190  utilized, the governing body shall obtain at least one appraisal
 3191  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3192  for each purchase in an amount of not more than $500,000. For
 3193  each purchase in an amount in excess of $500,000, the governing
 3194  body shall obtain at least two appraisals by appraisers approved
 3195  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3196  price exceeds the average appraised price of the two appraisals,
 3197  the governing body is required to approve the purchase by an
 3198  extraordinary vote. The governing body may, by ordinary vote,
 3199  exempt a purchase in an amount of $100,000 or less from the
 3200  requirement for an appraisal.
 3201         Section 28. Subsection (2) of section 215.82, Florida
 3202  Statutes, is amended to read:
 3203         215.82 Validation; when required.—
 3204         (2) Any bonds issued pursuant to this act which are
 3205  validated shall be validated in the manner provided by chapter
 3206  75. In actions to validate bonds to be issued in the name of the
 3207  State Board of Education under s. 9(a) and (d), Art. XII of the
 3208  State Constitution and bonds to be issued pursuant to chapter
 3209  259, the Land Conservation Program Act of 1972, the complaint
 3210  shall be filed in the circuit court of the county where the seat
 3211  of state government is situated, the notice required to be
 3212  published by s. 75.06 shall be published only in the county
 3213  where the complaint is filed, and the complaint and order of the
 3214  circuit court shall be served only on the state attorney of the
 3215  circuit in which the action is pending. In any action to
 3216  validate bonds issued pursuant to s. 1010.62 or issued pursuant
 3217  to s. 9(a)(1), Art. XII of the State Constitution or issued
 3218  pursuant to s. 215.605 or s. 338.227, the complaint shall be
 3219  filed in the circuit court of the county where the seat of state
 3220  government is situated, the notice required to be published by
 3221  s. 75.06 shall be published in a newspaper of general
 3222  circulation in the county where the complaint is filed and in
 3223  two other newspapers of general circulation in the state, and
 3224  the complaint and order of the circuit court shall be served
 3225  only on the state attorney of the circuit in which the action is
 3226  pending; provided, however, that if publication of notice
 3227  pursuant to this section would require publication in more
 3228  newspapers than would publication pursuant to s. 75.06, such
 3229  publication shall be made pursuant to s. 75.06.
 3230         Section 29. Section 215.965, Florida Statutes, is amended
 3231  to read:
 3232         215.965 Disbursement of state moneys.—Except as provided in
 3233  s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
 3234  717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
 3235  moneys in the State Treasury shall be disbursed by state
 3236  warrant, drawn by the Chief Financial Officer upon the State
 3237  Treasury and payable to the ultimate beneficiary. This
 3238  authorization shall include electronic disbursement.
 3239         Section 30. Subsection (8) of section 253.027, Florida
 3240  Statutes, is amended to read:
 3241         253.027 Emergency archaeological property acquisition.—
 3242         (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
 3243  of the Internal Improvement Trust Fund may waive or limit any
 3244  appraisal or survey requirements in s. 253.025 259.041, if
 3245  necessary to effectuate the purposes of this section. Fee simple
 3246  title is not required to be conveyed if some lesser interest
 3247  will allow the preservation of the archaeological resource.
 3248  Properties purchased pursuant to this section shall be
 3249  considered archaeologically unique or significant properties and
 3250  may be purchased under the provisions of s. 253.025(9)
 3251  253.025(7).
 3252         Section 31. Section 253.7824, Florida Statutes, is amended
 3253  to read:
 3254         253.7824 Sale of products; proceeds.—The Department of
 3255  Environmental Protection may authorize the removal and sale of
 3256  products from the land where environmentally appropriate, the
 3257  proceeds from which shall be deposited into the appropriate
 3258  trust fund in accordance with the same disposition provided
 3259  under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
 3260  sale of land.
 3261         Section 32. Paragraphs (b) and (c) of subsection (2) of
 3262  section 260.015, Florida Statutes, are amended to read:
 3263         260.015 Acquisition of land.—
 3264         (2) For purposes of the Florida Greenways and Trails
 3265  Program, the board may:
 3266         (b) Accept title to abandoned railroad rights-of-way which
 3267  is conveyed by quitclaim deed through purchase, dedication,
 3268  gift, grant, or settlement, notwithstanding s. 253.025
 3269  259.041(1).
 3270         (c) Enter into an agreement or, upon delegation, the
 3271  department may enter into an agreement, with a nonprofit
 3272  corporation, as defined in s. 253.025 259.041(7)(e), to assume
 3273  responsibility for acquisition of lands pursuant to this
 3274  section. The agreement may transfer responsibility for all
 3275  matters which may be delegated or waived pursuant to s. 253.025
 3276  259.041(1).
 3277         Section 33. Paragraph (b) of subsection (3) of section
 3278  260.016, Florida Statutes, is amended to read:
 3279         260.016 General powers of the department.—
 3280         (3) The department or its designee is authorized to
 3281  negotiate with potentially affected private landowners as to the
 3282  terms under which such landowners would consent to the public
 3283  use of their lands as part of the greenways and trails system.
 3284  The department shall be authorized to agree to incentives for a
 3285  private landowner who consents to this public use of his or her
 3286  lands for conservation or recreational purposes, including, but
 3287  not limited to, the following:
 3288         (b) Agreement to exchange, subject to the approval of the
 3289  board of Trustees of the Internal Improvement Trust Fund or
 3290  other applicable unit of government, ownership or other rights
 3291  of use of public lands for the ownership or other rights of use
 3292  of privately owned lands. Any exchange of state-owned lands,
 3293  title to which is vested in the board of Trustees of the
 3294  Internal Improvement Trust Fund, for privately owned lands shall
 3295  be subject to the requirements of s. 253.025 259.041.
 3296         Section 34. Subsections (6) and (7) of section 369.317,
 3297  Florida Statutes, are amended to read:
 3298         369.317 Wekiva Parkway.—
 3299         (6) The Central Florida Expressway Authority is hereby
 3300  granted the authority to act as a third-party acquisition agent,
 3301  pursuant to s. 253.025 259.041 on behalf of the Board of
 3302  Trustees of the Internal Improvement Trust Fund or chapter 373
 3303  on behalf of the governing board of the St. Johns River Water
 3304  Management District, for the acquisition of all necessary lands,
 3305  property and all interests in property identified herein,
 3306  including fee simple or less than fee less-than-fee simple
 3307  interests. The lands subject to this authority are identified in
 3308  paragraph 10.a., State of Florida, Office of the Governor,
 3309  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 3310  of the Wekiva Basin Area Task Force created by Executive Order
 3311  2002-259, such lands otherwise known as Neighborhood Lakes, a
 3312  1,587+/-acre parcel located in Orange and Lake Counties within
 3313  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 3314  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 3315  Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
 3316  County within Section 37, Township 19 South, Range 28 East; New
 3317  Garden Coal; a 1,605+/-acre parcel in Lake County within
 3318  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 3319  East; Pine Plantation, a 617+/-acre tract consisting of eight
 3320  individual parcels within the Apopka City limits. The Department
 3321  of Transportation, the Department of Environmental Protection,
 3322  the St. Johns River Water Management District, and other land
 3323  acquisition entities shall participate and cooperate in
 3324  providing information and support to the third-party acquisition
 3325  agent. The land acquisition process authorized by this paragraph
 3326  shall begin no later than December 31, 2004. Acquisition of the
 3327  properties identified as Neighborhood Lakes, Pine Plantation,
 3328  and New Garden Coal, or approval as a mitigation bank shall be
 3329  concluded no later than December 31, 2010. Department of
 3330  Transportation and Central Florida Expressway Authority funds
 3331  expended to purchase an interest in those lands identified in
 3332  this subsection shall be eligible as environmental mitigation
 3333  for road construction related impacts in the Wekiva Study Area.
 3334  If any of the lands identified in this subsection are used as
 3335  environmental mitigation for road-construction-related impacts
 3336  incurred by the Department of Transportation or Central Florida
 3337  Expressway Authority, or for other impacts incurred by other
 3338  entities, within the Wekiva Study Area or within the Wekiva
 3339  parkway alignment corridor, and if the mitigation offsets these
 3340  impacts, the St. Johns River Water Management District and the
 3341  Department of Environmental Protection shall consider the
 3342  activity regulated under part IV of chapter 373 to meet the
 3343  cumulative impact requirements of s. 373.414(8)(a).
 3344         (a) Acquisition of the land described in this section is
 3345  required to provide right-of-way for the Wekiva Parkway, a
 3346  limited access roadway linking State Road 429 to Interstate 4,
 3347  an essential component in meeting regional transportation needs
 3348  to provide regional connectivity, improve safety, accommodate
 3349  projected population and economic growth, and satisfy critical
 3350  transportation requirements caused by increased traffic volume
 3351  growth and travel demands.
 3352         (b) Acquisition of the lands described in this section is
 3353  also required to protect the surface water and groundwater
 3354  resources of Lake, Orange, and Seminole counties, otherwise
 3355  known as the Wekiva Study Area, including recharge within the
 3356  springshed that provides for the Wekiva River system. Protection
 3357  of this area is crucial to the long term viability of the Wekiva
 3358  River and springs and the central Florida region’s water supply.
 3359  Acquisition of the lands described in this section is also
 3360  necessary to alleviate pressure from growth and development
 3361  affecting the surface and groundwater resources within the
 3362  recharge area.
 3363         (c) Lands acquired pursuant to this section that are needed
 3364  for transportation facilities for the Wekiva Parkway shall be
 3365  determined not necessary for conservation purposes pursuant to
 3366  ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
 3367  to or retained by the Central Florida Expressway Authority or
 3368  the Department of Transportation upon reimbursement of the full
 3369  purchase price and acquisition costs.
 3370         (7) The Department of Transportation, the Department of
 3371  Environmental Protection, the St. Johns River Water Management
 3372  District, Central Florida Expressway Authority, and other land
 3373  acquisition entities shall cooperate and establish funding
 3374  responsibilities and partnerships by agreement to the extent
 3375  funds are available to the various entities. Properties acquired
 3376  with Florida Forever funds shall be in accordance with s.
 3377  253.025 259.041 or chapter 373. The Central Florida Expressway
 3378  Authority shall acquire land in accordance with this section of
 3379  law to the extent funds are available from the various funding
 3380  partners; however, the authority is, but shall not be required
 3381  or nor assumed to fund the land acquisition beyond the agreement
 3382  and funding provided by the various land acquisition entities.
 3383         Section 35. Paragraph (a) of subsection (3) of section
 3384  373.139, Florida Statutes, is amended to read:
 3385         373.139 Acquisition of real property.—
 3386         (3) The initial 5-year work plan and any subsequent
 3387  modifications or additions thereto shall be adopted by each
 3388  water management district after a public hearing. Each water
 3389  management district shall provide at least 14 days’ advance
 3390  notice of the hearing date and shall separately notify each
 3391  county commission within which a proposed work plan project or
 3392  project modification or addition is located of the hearing date.
 3393         (a) Appraisal reports, offers, and counteroffers are
 3394  confidential and exempt from the provisions of s. 119.07(1)
 3395  until an option contract is executed or, if no option contract
 3396  is executed, until 30 days before a contract or agreement for
 3397  purchase is considered for approval by the governing board.
 3398  However, each district may, at its discretion, disclose
 3399  appraisal reports to private landowners during negotiations for
 3400  acquisitions using alternatives to fee simple techniques, if the
 3401  district determines that disclosure of such reports will bring
 3402  the proposed acquisition to closure. If In the event that
 3403  negotiation is terminated by the district, the appraisal report,
 3404  offers, and counteroffers shall become available pursuant to s.
 3405  119.07(1). Notwithstanding the provisions of this section and s.
 3406  253.025 259.041, a district and the Division of State Lands may
 3407  share and disclose appraisal reports, appraisal information,
 3408  offers, and counteroffers when joint acquisition of property is
 3409  contemplated. A district and the Division of State Lands shall
 3410  maintain the confidentiality of such appraisal reports,
 3411  appraisal information, offers, and counteroffers in conformance
 3412  with this section and s. 253.025 259.041, except in those cases
 3413  in which a district and the division have exercised discretion
 3414  to disclose such information. A district may disclose appraisal
 3415  information, offers, and counteroffers to a third party who has
 3416  entered into a contractual agreement with the district to work
 3417  with or on the behalf of or to assist the district in connection
 3418  with land acquisitions. The third party shall maintain the
 3419  confidentiality of such information in conformance with this
 3420  section. In addition, a district may use, as its own, appraisals
 3421  obtained by a third party provided the appraiser is selected
 3422  from the district’s list of approved appraisers and the
 3423  appraisal is reviewed and approved by the district.
 3424         Section 36. Subsection (8) of section 375.031, Florida
 3425  Statutes, is amended to read:
 3426         375.031 Acquisition of land; procedures.—
 3427         (8) The department may, if it deems it desirable and in the
 3428  best interest of the program, request the board of trustees to
 3429  sell or otherwise dispose of any lands or water storage areas
 3430  acquired under this act. The board of trustees, when so
 3431  requested, shall offer the lands or water storage areas, on such
 3432  terms as the department may determine, first to other state
 3433  agencies and then, if still available, to the county or
 3434  municipality in which the lands or water storage areas lie. If
 3435  not acquired by another state agency or local governmental body
 3436  for beneficial public purposes, the lands or water storage areas
 3437  shall then be offered by the board of trustees at public sale,
 3438  after first giving notice of such sale by publication in a
 3439  newspaper published in the county or counties in which such
 3440  lands or water storage areas lie not less than once a week for 3
 3441  consecutive weeks. All proceeds from the sale or disposition of
 3442  any lands or water storage areas pursuant to this section shall
 3443  be deposited into the appropriate trust fund pursuant to s.
 3444  253.0341 253.034(6)(k), (l), or (m).
 3445         Section 37. Subsection (2) of section 375.041, Florida
 3446  Statutes, is amended to read:
 3447         375.041 Land Acquisition Trust Fund.—
 3448         (2) All moneys and revenue from the sale or other
 3449  disposition of land, water areas, or related resources acquired
 3450  on or after July 1, 2015, for the purposes of s. 28, Art. X of
 3451  the State Constitution shall be deposited into or credited to
 3452  the Land Acquisition Trust Fund, except as otherwise provided
 3453  pursuant to s. 253.0341 253.034(6)(l).
 3454         Section 38. Paragraph (a) of subsection (1) of section
 3455  380.05, Florida Statutes, is amended to read:
 3456         380.05 Areas of critical state concern.—
 3457         (1)(a) The state land planning agency may from time to time
 3458  recommend to the Administration Commission specific areas of
 3459  critical state concern. In its recommendation, the agency shall
 3460  include recommendations with respect to the purchase of lands
 3461  situated within the boundaries of the proposed area as
 3462  environmentally endangered lands and outdoor recreation lands
 3463  under the Land Conservation Program Act of 1972. The agency also
 3464  shall include any report or recommendation of a resource
 3465  planning and management committee appointed pursuant to s.
 3466  380.045; the dangers that would result from uncontrolled or
 3467  inadequate development of the area and the advantages that would
 3468  be achieved from the development of the area in a coordinated
 3469  manner; a detailed boundary description of the proposed area;
 3470  specific principles for guiding development within the area; an
 3471  inventory of lands owned by the state, federal, county, and
 3472  municipal governments within the proposed area; and a list of
 3473  the state agencies with programs that affect the purpose of the
 3474  designation. The agency shall recommend actions which the local
 3475  government and state and regional agencies must accomplish in
 3476  order to implement the principles for guiding development. These
 3477  actions may include, but need shall not be limited to, revisions
 3478  of the local comprehensive plan and adoption of land development
 3479  regulations, density requirements, and special permitting
 3480  requirements.
 3481         Section 39. Paragraph (b) of subsection (5) of section
 3482  380.055, Florida Statutes, is amended to read:
 3483         380.055 Big Cypress Area.—
 3484         (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
 3485         (b) The Board of Trustees of the Internal Improvement Trust
 3486  Fund shall set aside from the proceeds of the full faith and
 3487  credit bonds authorized by the Land Conservation Program Act of
 3488  1972, or from other funds authorized, appropriated, or allocated
 3489  for the acquisition of environmentally endangered lands, or from
 3490  both sources, $40 million for acquisition of the area proposed
 3491  as the Federal Big Cypress National Preserve, Florida, or
 3492  portions thereof.
 3493         Section 40. Paragraph (f) of subsection (4) of section
 3494  380.508, Florida Statutes, is amended to read:
 3495         380.508 Projects; development, review, and approval.—
 3496         (4) Projects or activities which the trust undertakes,
 3497  coordinates, or funds in any manner shall comply with the
 3498  following guidelines:
 3499         (f) The trust shall cooperate with local governments, state
 3500  agencies, federal agencies, and nonprofit organizations in
 3501  ensuring the reservation of lands for parks, recreation, fish
 3502  and wildlife habitat, historical preservation, or scientific
 3503  study. If any local government, state agency, federal agency, or
 3504  nonprofit organization is unable, due to limited financial
 3505  resources or other circumstances of a temporary nature, to
 3506  acquire a site for the purposes described in this paragraph, the
 3507  trust may acquire and hold the site for subsequent conveyance to
 3508  the appropriate governmental agency or nonprofit organization.
 3509  The trust may provide such technical assistance as required to
 3510  aid local governments, state and federal agencies, and nonprofit
 3511  organizations in completing acquisition and related functions.
 3512  The trust may not reserve lands acquired in accordance with this
 3513  paragraph for more than 5 years from the time of acquisition. A
 3514  local government, federal or state agency, or nonprofit
 3515  organization may acquire the land at any time during this period
 3516  for public purposes. The purchase price shall be based upon the
 3517  trust’s cost of acquisition, plus administrative and management
 3518  costs in reserving the land. The payment of the purchase price
 3519  shall be by money, trust-approved property of an equivalent
 3520  value, or a combination of money and trust-approved property.
 3521  If, after the 5-year period, the trust has not sold to a
 3522  governmental agency or nonprofit organization land acquired for
 3523  site reservation, the trust shall dispose of such land at fair
 3524  market value or shall trade it for other land of comparable
 3525  value which will serve to accomplish the purposes of this part.
 3526  Any proceeds from the sale of such land received by the
 3527  department shall be deposited into the appropriate trust fund
 3528  pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
 3529  
 3530  Project costs may include costs of providing parks, open space,
 3531  public access sites, scenic easements, and other areas and
 3532  facilities serving the public where such features are part of a
 3533  project plan approved according to this part. In undertaking or
 3534  coordinating projects or activities authorized by this part, the
 3535  trust shall, when appropriate, use and promote the use of
 3536  creative land acquisition methods, including the acquisition of
 3537  less than fee interest through, among other methods,
 3538  conservation easements, transfer of development rights, leases,
 3539  and leaseback arrangements. The trust shall assist local
 3540  governments in the use of sound alternative methods of financing
 3541  for funding projects and activities authorized under this part.
 3542  Any funds over and above eligible project costs, which remain
 3543  after completion of a project approved according to this part,
 3544  shall be transmitted to the state and deposited into the Florida
 3545  Forever Trust Fund.
 3546         Section 41. Section 589.07, Florida Statutes, is amended to
 3547  read:
 3548         589.07 Florida Forest Service may acquire lands for forest
 3549  purposes.—The Florida Forest Service, on behalf of the state and
 3550  subject to the restrictions mentioned in s. 589.08, may acquire
 3551  lands, suitable for state forest purposes, by gift, donation,
 3552  contribution, purchase, or otherwise and may enter into
 3553  agreements with the Federal Government, or other agency, for
 3554  acquiring by gift, purchase, or otherwise, such lands as are, in
 3555  the judgment of the Florida Forest Service, suitable and
 3556  desirable for state forests. The acquisition procedures for
 3557  state lands provided in s. 253.025 259.041 do not apply to
 3558  acquisition of land by the Florida Forest Service.
 3559         Section 42. Paragraphs (a) and (b) of subsection (4) of
 3560  section 944.10, Florida Statutes, are amended to read:
 3561         944.10 Department of Corrections to provide buildings; sale
 3562  and purchase of land; contracts to provide services and inmate
 3563  labor.—
 3564         (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3565  the department finds it to be necessary for timely site
 3566  acquisition, it may contract without the need for competitive
 3567  selection with one or more appraisers whose names are contained
 3568  on the list of approved appraisers maintained by the Division of
 3569  State Lands of the Department of Environmental Protection in
 3570  accordance with s. 253.025(8) 253.025(6)(b). In those instances
 3571  in which the department directly contracts for appraisal
 3572  services, it must also contract with an approved appraiser who
 3573  is not employed by the same appraisal firm for review services.
 3574         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3575  department may negotiate and enter into an option contract
 3576  before an appraisal is obtained. The option contract must state
 3577  that the final purchase price cannot exceed the maximum value
 3578  allowed by law. The consideration for such an option contract
 3579  may not exceed 10 percent of the estimate obtained by the
 3580  department or 10 percent of the value of the parcel, whichever
 3581  amount is greater.
 3582         Section 43. Subsections (6) and (7) of section 957.04,
 3583  Florida Statutes, are amended to read:
 3584         957.04 Contract requirements.—
 3585         (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
 3586  Trustees of the Internal Improvement Trust Fund need not approve
 3587  a lease-purchase agreement negotiated by the Department of
 3588  Management Services if the Department of Management Services
 3589  finds that there is a need to expedite the lease-purchase.
 3590         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3591  the Department of Management Services finds it to be in the best
 3592  interest of timely site acquisition, it may contract without the
 3593  need for competitive selection with one or more appraisers whose
 3594  names are contained on the list of approved appraisers
 3595  maintained by the Division of State Lands of the Department of
 3596  Environmental Protection in accordance with s. 253.025(8)
 3597  253.025(6)(b). In those instances when the Department of
 3598  Management Services directly contracts for appraisal services,
 3599  it shall also contract with an approved appraiser who is not
 3600  employed by the same appraisal firm for review services.
 3601         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3602  Department of Management Services may negotiate and enter into
 3603  lease-purchase agreements before an appraisal is obtained. Any
 3604  such agreement must state that the final purchase price cannot
 3605  exceed the maximum value allowed by law.
 3606         Section 44. Paragraphs (a) and (b) of subsection (12) of
 3607  section 985.682, Florida Statutes, are amended to read:
 3608         985.682 Siting of facilities; criteria.—
 3609         (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
 3610  department finds it necessary for timely site acquisition, it
 3611  may contract, without using the competitive selection procedure,
 3612  with an appraiser whose name is on the list of approved
 3613  appraisers maintained by the Division of State Lands of the
 3614  Department of Environmental Protection under s. 253.025(8)
 3615  253.025(6)(b). When the department directly contracts for
 3616  appraisal services, it must contract with an approved appraiser
 3617  who is not employed by the same appraisal firm for review
 3618  services.
 3619         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3620  department may negotiate and enter into an option contract
 3621  before an appraisal is obtained. The option contract must state
 3622  that the final purchase price may not exceed the maximum value
 3623  allowed by law. The consideration for such an option contract
 3624  may not exceed 10 percent of the estimate obtained by the
 3625  department or 10 percent of the value of the parcel, whichever
 3626  amount is greater.
 3627         Section 45. Paragraph (b) of subsection (1) of section
 3628  1013.14, Florida Statutes, is amended to read:
 3629         1013.14 Proposed purchase of real property by a board;
 3630  confidentiality of records; procedure.—
 3631         (1)
 3632         (b) Before Prior to acquisition of the property, the board
 3633  shall obtain at least one appraisal by an appraiser approved
 3634  pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
 3635  amount greater than $100,000 and not more than $500,000. For
 3636  each purchase in an amount in excess of $500,000, the board
 3637  shall obtain at least two appraisals by appraisers approved
 3638  pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
 3639  purchase price exceeds the average appraised value, the board is
 3640  required to approve the purchase by an extraordinary vote.
 3641         Section 46. For the 2016-2017 fiscal year, the sums of
 3642  $396,040 in recurring funds and $1,370,528 in nonrecurring funds
 3643  from the General Revenue Fund are appropriated to the Department
 3644  of Environmental Protection, and four full-time equivalent
 3645  positions with associated salary rate of 182,968 are authorized,
 3646  for the purpose of implementing the amendments made by this act
 3647  to ss. 253.034 and 253.0341, Florida Statutes, and the
 3648  provisions of s. 253.87, Florida Statutes, as created by this
 3649  act.
 3650         Section 47. This act shall take effect July 1, 2016.