Senate Bill 0840c1

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    Florida Senate - 1998                            CS for SB 840

    By the Committee on Agriculture and Senator Bronson





    303-1763-98

  1                      A bill to be entitled

  2         An act relating to timber management; amending

  3         s. 253.034, F.S.; requiring the Division of

  4         Forestry of the Department of Agriculture and

  5         Consumer Services to assess the feasibility of

  6         managing timber in land management plans;

  7         providing for the reimbursement of management

  8         services performed by the division; amending s.

  9         259.035, F.S.; requiring the Land Acquisition

10         and Management Advisory Council to consider

11         timber management as a feasible multiple-use

12         strategy; amending s. 373.591, F.S.; specifying

13         circumstances under which the land managing

14         agency must provide an explanation to the

15         management review team concerning the

16         management of lands; providing an effective

17         date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Subsection (5) of section 253.034, Florida

22  Statutes, is amended to read:

23         253.034  State-owned lands; uses.--

24         (5)  Each state agency managing lands owned by the

25  Board of Trustees of the Internal Improvement Trust Fund shall

26  submit to the Division of State Lands a land management plan

27  at least every 5 years in a form and manner prescribed by rule

28  by the board.  All management plans, whether for single-use or

29  multiple-use properties, shall specifically describe how the

30  managing agency plans to identify, locate, protect and

31  preserve, or otherwise use fragile nonrenewable resources,

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    Florida Senate - 1998                            CS for SB 840
    303-1763-98




  1  such as archaeological and historic sites, as well as other

  2  fragile resources, including endangered plant and animal

  3  species, and provide for the conservation of soil and water

  4  resources and for the control and prevention of soil erosion.

  5  Land management plans submitted by an agency shall include

  6  reference to appropriate statutory authority for such use or

  7  uses and shall conform to the appropriate policies and

  8  guidelines of the state land management plan. All land

  9  management plans for parcels larger than 1,000 acres shall

10  contain an analysis of the multiple-use potential of the

11  parcel, which analysis shall include the potential of the

12  parcel to generate revenues to enhance the management of the

13  parcel. The analysis shall contain a component or section

14  prepared by the Division of Forestry of the Florida Department

15  of Agriculture and Consumer Services which assesses the

16  feasibility of managing the timber on the parcel for resource

17  conservation and revenue generation purposes through a

18  stewardship ethic that embraces sustainable forestry practices

19  if the lead management agency determines that the timber

20  management is not in conflict with the primary management

21  objectives for the parcel. Additionally, the land management

22  plan shall contain an analysis of the potential use of private

23  land managers to facilitate the restoration or management of

24  these lands.  In those cases where a newly acquired property

25  has a valid conservation plan, the plan shall be used to guide

26  management of the property until a formal land management plan

27  is completed. Unless there is in existence a memorandum of

28  agreement or other formal cooperative management agreement

29  between the Division of Forestry and the lead management

30  agency, the Division of Forestry must prepare a timber

31  resource management component to be included by the lead

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    Florida Senate - 1998                            CS for SB 840
    303-1763-98




  1  agency in the management plan for any parcel suitable for

  2  timber management outlined in the analysis. The component must

  3  be consistent with the lead management agency's management

  4  objectives for other resources and values as determined by

  5  that lead management agency. The Division of Forestry shall

  6  manage the timber resources on the parcels as provided in this

  7  section and shall be reimbursed for the management services,

  8  including, but not limited to, costs for planning,

  9  reforestation, insect, disease, and exotic plant species

10  control, prescribed burning, and timber harvesting plus an

11  administrative charge of 10 percent of all revenue generated

12  from timber. The Division of Forestry may acquire personnel

13  positions, resources, and services necessary to carry out the

14  intent of this section.

15         (a)  The Division of State Lands shall make available

16  to the public a copy of each land management plan for parcels

17  which exceed 160 acres in size. The council shall review each

18  plan for compliance with the requirements of this subsection

19  and with the requirements of the rules established by the

20  board pursuant to this subsection.  The council shall also

21  consider the propriety of the recommendations of the managing

22  agency with regard to the future use of the property, the

23  protection of fragile or nonrenewable resources, the potential

24  for alternative or multiple uses not recognized by the

25  managing agency, and the possibility of disposal of the

26  property by the board. After its review, the council shall

27  submit the plan, along with its recommendations and comments,

28  to the board. The council shall specifically recommend to the

29  board whether to approve the plan as submitted, approve the

30  plan with modifications, or reject the plan.

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    Florida Senate - 1998                            CS for SB 840
    303-1763-98




  1         (b)  The Board of Trustees of the Internal Improvement

  2  Trust Fund shall consider the land management plan submitted

  3  by each state agency and the recommendations of the council

  4  and the Division of State Lands and shall approve the plan

  5  with or without modification or reject such plan.  The use or

  6  possession of any such lands which is not in accordance with

  7  an approved land management plan is subject to termination by

  8  the board.

  9         Section 2.  Paragraph (d) of subsection (2) of section

10  259.035, Florida Statutes, is amended to read:

11         259.035  Advisory council; powers and duties.--

12         (2)

13         (d)  Additionally, the council shall provide assistance

14  to the Board of Trustees of the Internal Improvement Trust

15  Fund in reviewing the recommendations and plans for

16  state-owned lands required by s. 253.034.  The council shall,

17  in reviewing the recommendations and plans for state-owned

18  lands required by s. 253.034, consider the optimization of

19  multiple-use strategies to accomplish the provisions of s.

20  253.034 and specifically consider the management of the timber

21  as a feasible multiple-use strategy in conformance with a

22  timber resource management component prepared by the Division

23  of Forestry.

24         Section 3.  Subsection (4) of section 373.591, Florida

25  Statutes, is amended to read:

26         373.591  Management review teams.--

27         (4)  If the land management review team finds that the

28  lands reviewed are not being managed in accordance with their

29  management plan, prepared in a manner and form prescribed by

30  the governing board of the district and otherwise meeting the

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    Florida Senate - 1998                            CS for SB 840
    303-1763-98




  1  requirements of s. 253.034(5), the land managing agency shall

  2  provide a written explanation to the management review team.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 840

  8

  9  This committee substitute requires timber management
    assessments prepared by the Division of Forestry of the
10  Department of Agriculture and Consumer Services for land
    management plans to be consistent with the lead management
11  agency's management objectives for other resources and values,
    as determined by the lead management agency.  It also directs
12  the Land Acquisition and Management Advisory Council to
    consider timber management as feasible multiple-use strategy
13  in conformance with a timber resource management component
    prepared by the Division of Foresty.
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