House Bill hb0749

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    Florida House of Representatives - 2002                 HB 749

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to state lands; amending s.

  3         253.002, F.S.; providing for duties and

  4         functions of the Department of Environmental

  5         Protection relating to state-owned lands;

  6         providing reference to land exchanges;

  7         providing for certain duties of the Department

  8         of Agriculture and Consumer Services; amending

  9         s. 253.01, F.S.; revising the use of funds

10         deposited into the Internal Improvement Trust

11         Fund; deleting obsolete language; amending s.

12         253.02, F.S.; revising certain powers and

13         duties of the Board of Trustees of the Internal

14         Improvement Trust Fund to include reference to

15         land exchanges; effective January 7, 2003,

16         revising the membership of the Board of

17         Trustees of the Internal Improvement Trust Fund

18         to conform to the requirements of the State

19         Constitution; amending s. 253.03, F.S.;

20         revising conditions under which the Board of

21         Trustees of the Internal Improvement Trust Fund

22         is vested and charged with certain

23         responsibilities for current and future

24         state-owned lands; prohibiting certain

25         restriction on land exchanges; amending s.

26         253.034, F.S.; providing definitions; effective

27         January 7, 2003, conforming conditions under

28         which the Board of Trustees of the Internal

29         Improvement Trust Fund may dispose of surplus

30         lands to the provisions of the State

31         Constitution; amending s. 253.42, F.S.;

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  1         revising requirements for the exchange of lands

  2         owned by or vested in the Board of Trustees of

  3         the Internal Improvement Trust Fund; providing

  4         for the lease of the management of certain

  5         exchanged lands; providing effective dates.

  6

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

  8

  9         Section 1.  Section 253.002, Florida Statutes, is

10  amended to read:

11         253.002  Department of Environmental Protection, water

12  management districts, and Department of Agriculture and

13  Consumer Services; duties with respect to state lands.--

14         (1)  The Department of Environmental Protection shall

15  perform all staff duties and functions related to the

16  acquisition, administration, and disposition of state lands,

17  including land exchanges as provided for in s. 253.42, title

18  to which is or will be vested in the Board of Trustees of the

19  Internal Improvement Trust Fund. However, upon the effective

20  date of rules adopted pursuant to s. 373.427, a water

21  management district created under s. 373.069 shall perform the

22  staff duties and functions related to the review of any

23  application for authorization to use board of trustees-owned

24  submerged lands necessary for an activity regulated under part

25  IV of chapter 373 for which the water management district has

26  permitting responsibility as set forth in an operating

27  agreement adopted pursuant to s. 373.046(4).; and effective

28  July 1, 2000, the Department of Agriculture and Consumer

29  Services shall perform the staff duties and functions related

30  to the review of applications and compliance with lease

31  conditions for use of board of trustees-owned submerged lands

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  1  under leases issued pursuant to ss. 253.67-253.75 and 597.010.

  2  Unless expressly prohibited by law, the board of trustees may

  3  delegate to the department any statutory duty or obligation

  4  relating to the acquisition, administration, or disposition of

  5  lands, title to which is or will be vested in the board of

  6  trustees. The board of trustees may also delegate to any water

  7  management district created under s. 373.069 the authority to

  8  take final agency action, without any action on behalf of the

  9  board, on applications for authorization to use board of

10  trustees-owned submerged lands for any activity regulated

11  under part IV of chapter 373 for which the water management

12  district has permitting responsibility as set forth in an

13  operating agreement adopted pursuant to s. 373.046(4). This

14  water management district responsibility under this subsection

15  shall be subject to the department's general supervisory

16  authority pursuant to s. 373.026(7).

17         (2)  The Department of Agriculture and Consumer

18  Services shall perform the staff duties and functions related

19  to the review of applications and compliance with lease

20  conditions for use of board of trustees-owned submerged lands

21  under leases issued pursuant to ss. 253.67-253.75 and 597.010.

22  The board of trustees may also delegate to the Department of

23  Agriculture and Consumer Services the authority to take final

24  agency action on behalf of the board on applications to use

25  board of trustees-owned submerged lands for any activity for

26  which that department has responsibility pursuant to ss.

27  253.67-253.75 and 597.010. However, the board of trustees

28  shall retain the authority to take final agency action on

29  establishing any areas for leasing, new leases, expanding

30  existing lease areas, or changing the type of lease activity

31  in existing leases. Upon issuance of an aquaculture lease or

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  1  other real property transaction relating to aquaculture, the

  2  Department of Agriculture and Consumer Services must send a

  3  copy of the document and the accompanying survey to the

  4  Department of Environmental Protection.

  5         (3)(2)  Delegations to the department, or a water

  6  management district, or the Department of Agriculture and

  7  Consumer Services of authority to take final agency action on

  8  applications for authorization to use submerged lands owned by

  9  the board of trustees, without any action on behalf of the

10  board of trustees, shall be by rule. Until rules adopted

11  pursuant to this subsection become effective, existing

12  delegations by the board of trustees shall remain in full

13  force and effect. However, the board of trustees is not

14  limited or prohibited from amending these delegations. The

15  board of trustees shall adopt by rule any delegations of its

16  authority to take final agency action without action by the

17  board of trustees on applications for authorization to use

18  board of trustees-owned submerged lands. Any final agency

19  action, without action by the board of trustees, taken by the

20  department, or a water management district, or the Department

21  of Agriculture and Consumer Services on applications to use

22  board of trustees-owned submerged lands shall be subject to

23  the provisions of s. 373.4275. Notwithstanding any other

24  provision of this subsection, the board of trustees, the

25  Department of Legal Affairs, and the department retain the

26  concurrent authority to assert or defend title to submerged

27  lands owned by the board of trustees.

28         Section 2.  Subsection (2) of section 253.01, Florida

29  Statutes, is amended to read:

30         253.01  Internal Improvement Trust Fund established.--

31

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  1         (2)(a)  All revenues accruing from sources designated

  2  by law for deposit in the Internal Improvement Trust Fund

  3  shall be used for the acquisition, management, administration,

  4  protection, and conservation of state-owned lands.

  5         (b)  For the 2001-2002 fiscal year only, the use of

  6  funds allocated to the Internal Improvement Trust Fund shall

  7  be as provided in the General Appropriations Act. This

  8  paragraph expires July 1, 2002.

  9         Section 3.  Subsections (1) and (2) of section 253.02,

10  Florida Statutes, are amended to read:

11         253.02  Board of trustees; powers and duties.--

12         (1)  For the purpose of assuring the proper application

13  of the Internal Improvement Trust Fund and the Land

14  Acquisition Trust Fund for the purposes of this chapter, the

15  land provided for in ss. 253.01 and 253.03, and all the funds

16  arising from the sale, transfer, or exchange thereof, after

17  paying the necessary expense of selection, management, and

18  sale, are irrevocably vested in a board of seven trustees, to

19  wit: The Governor, the Secretary of State, the Attorney

20  General, the Comptroller, the State Treasurer, the

21  Commissioner of Education, and the Commissioner of Agriculture

22  and their successors in office, to hold the same in trust for

23  the uses and purposes provided in this chapter, with the power

24  to sell, and transfer, or exchange said lands to the

25  purchasers and receive payment for the same, and invest the

26  surplus moneys arising therefrom, from time to time, in stocks

27  of the United States, stocks of the several states, or the

28  internal improvement bonds issued under the provisions of law;

29  also, the surplus interest accruing from such investments.

30  Said board of trustees have all the rights, powers, property,

31  claims, remedies, actions, suits, and things whatsoever

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  1  belonging to them, or appertaining before and at the time of

  2  the enactment hereof, and they shall remain subject to and

  3  pay, fulfill, perform, and discharge all debts, duties, and

  4  obligations of their trust, existing at the time of the

  5  enactment hereof or provided in this chapter.

  6         (2)  The board of trustees shall not sell, transfer,

  7  exchange, or otherwise dispose of any lands the title to which

  8  is vested in the board of trustees except by vote of at least

  9  five of the seven trustees.

10         Section 4.  Effective January 7, 2003, subsections (1)

11  and (2) of section 253.02, Florida Statutes, as amended by

12  this act, are amended to read:

13         253.02  Board of trustees; powers and duties.--

14         (1)  For the purpose of assuring the proper application

15  of the Internal Improvement Trust Fund and the Land

16  Acquisition Trust Fund for the purposes of this chapter, the

17  land provided for in ss. 253.01 and 253.03, and all the funds

18  arising from the sale, transfer, or exchange thereof, after

19  paying the necessary expense of selection, management, and

20  sale, are irrevocably vested in a board of four seven

21  trustees, to wit: The Governor, the Chief Financial Officer

22  the Secretary of State, the Attorney General, the Comptroller,

23  the State Treasurer, the Commissioner of Education, and the

24  Commissioner of Agriculture and their successors in office, to

25  hold the same in trust for the uses and purposes provided in

26  this chapter, with the power to sell, transfer, or exchange

27  said lands and receive payment for the same, and invest the

28  surplus moneys arising therefrom, from time to time, in stocks

29  of the United States, stocks of the several states, or the

30  internal improvement bonds issued under the provisions of law;

31  also, the surplus interest accruing from such investments.

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  1  Said board of trustees have all the rights, powers, property,

  2  claims, remedies, actions, suits, and things whatsoever

  3  belonging to them, or appertaining before and at the time of

  4  the enactment hereof, and they shall remain subject to and

  5  pay, fulfill, perform, and discharge all debts, duties, and

  6  obligations of their trust, existing at the time of the

  7  enactment hereof or provided in this chapter.

  8         (2)  The board of trustees shall not sell, transfer,

  9  exchange, or otherwise dispose of any lands the title to which

10  is vested in the board of trustees except by vote of at least

11  three five of the four seven trustees.

12         Section 5.  Paragraphs (e), (f), and (g) of subsection

13  (1) and paragraph (a) of subsection (7) of section 253.03,

14  Florida Statutes, are amended to read:

15         253.03  Board of trustees to administer state lands;

16  lands enumerated.--

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

18  Trust Fund of the state is vested and charged with the

19  acquisition, administration, management, control, supervision,

20  conservation, protection, and disposition of all lands owned

21  by, or which may hereafter inure to, the state or any of its

22  agencies, departments, boards, or commissions, excluding lands

23  held for transportation facilities and transportation

24  corridors and canal rights-of-way, spoil areas and lands

25  required for disposal of materials, or borrow pits; any land,

26  title to which is vested or may become vested in any port

27  authority, flood control district, water management district,

28  or navigation district or agency created by any general or

29  special act; and any lands, including the Camp Blanding

30  Military Reservation, which have been conveyed to the state

31  for military purposes only, and which are subject to reversion

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  1  if conveyed by the original grantee or if the conveyance to

  2  the Board of Trustees of the Internal Improvement Trust Fund

  3  under this act would work a reversion from any other cause, or

  4  where any conveyance of lands held by a state agency which are

  5  encumbered by or subject to liens, trust agreements, or any

  6  form of contract which encumbers state lands for the repayment

  7  of funded debt.  Lands vested in the Board of Trustees of the

  8  Internal Improvement Trust Fund shall be deemed to be:

  9         (e)  All lands covered by shallow waters of the ocean

10  or gulf, or bays or lagoons thereof, and all lands owned by

11  the state covered by fresh water; and

12         (f)  All parks, reservations, or lands or bottoms set

13  aside in the name of the state, excluding lands held for

14  transportation facilities and transportation corridors and

15  canal rights-of-way.;

16         (g)  All lands which have accrued, or which may

17  hereafter accrue, to the state from any source whatsoever,

18  excluding lands held for transportation facilities and

19  transportation corridors and canal rights-of-way, spoil areas,

20  or borrow pits or any land, the title to which is vested or

21  may become vested in any port authority, flood control

22  district, water management district, or navigation district or

23  agency created by any general or special act.

24         (7)(a)  The Board of Trustees of the Internal

25  Improvement Trust Fund is hereby authorized and directed to

26  administer all state-owned lands and shall be responsible for

27  the creation of an overall and comprehensive plan of

28  development concerning the acquisition, management, and

29  disposition of state-owned lands so as to ensure maximum

30  benefit and use.  The Board of Trustees of the Internal

31  Improvement Trust Fund has authority to adopt rules pursuant

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  1  to ss. 120.536(1) and 120.54 to implement the provisions of

  2  this act, provided that the disposition of state lands may not

  3  be limited by any rule that requires that the state receive

  4  twice the amount of acreage being conveyed out of state

  5  ownership, unless that is the only means of achieving a net

  6  positive conservation benefit as defined in s. 253.034.  Any

  7  rule governing the disposition of state lands must be revised

  8  to conform to the provisions of this subsection.

  9         Section 6.  Subsections (1) and (2) of section 253.034,

10  Florida Statutes, are amended to read:

11         253.034  State-owned lands; uses.--

12         (1)  All lands acquired pursuant to chapter 259 shall

13  be managed to serve the public interest by protecting and

14  conserving land, air, water, and the state's natural

15  resources, which contribute to the public health, welfare, and

16  economy of the state.  These lands shall be managed to provide

17  for areas of natural resource based recreation, and to ensure

18  the survival of plant and animal species and the conservation

19  of finite and renewable natural resources. The state's lands

20  and natural resources shall be managed using a stewardship

21  ethic that assures these resources will be available for the

22  benefit and enjoyment of all people of the state, both present

23  and future. It is the intent of the Legislature that, where

24  feasible and consistent with the goals of protection and

25  conservation of natural resources associated with lands held

26  in the public trust by the Board of Trustees of the Internal

27  Improvement Trust Fund, public land not designated for

28  single-use purposes pursuant to paragraph (2)(b) be managed

29  for multiple-use purposes. All multiple-use land management

30  strategies shall address public access and enjoyment, resource

31  conservation and protection, ecosystem maintenance and

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  1  protection, and protection of threatened and endangered

  2  species, and the degree to which public-private partnerships

  3  or endowments may allow the entity with management

  4  responsibility to enhance its ability to manage these lands.

  5  The Acquisition and Restoration Council created in s. 259.035

  6  shall recommend rules to the board of trustees, and the board

  7  shall adopt rules necessary to carry out the purposes of this

  8  section.

  9         (2)  As used in this section, the following phrases

10  have the following meanings:

11         (a)  "Multiple use" means the harmonious and

12  coordinated management of timber, recreation, conservation of

13  fish and wildlife, forage, archaeological and historic sites,

14  habitat and other biological resources, or water resources so

15  that they are utilized in the combination that will best serve

16  the people of the state, making the most judicious use of the

17  land for some or all of these resources and giving

18  consideration to the relative values of the various resources.

19  Where necessary and appropriate for all state-owned lands that

20  are larger than 1,000 acres in project size and are managed

21  for multiple uses, buffers may be formed around any areas that

22  require special protection or have special management needs.

23  Such buffers shall not exceed more than one-half of the total

24  acreage. Multiple uses within a buffer area may be restricted

25  to provide the necessary buffering effect desired.  Multiple

26  use in this context includes both uses of land or resources by

27  more than one management entity, which may include private

28  sector land managers.  In any case, lands identified as

29  multiple-use lands in the land management plan shall be

30  managed to enhance and conserve the lands and resources for

31  the enjoyment of the people of the state.

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  1         (b)  "Single use" means management for one particular

  2  purpose to the exclusion of all other purposes, except that

  3  the using entity shall have the option of including in its

  4  management program compatible secondary purposes which will

  5  not detract from or interfere with the primary management

  6  purpose. Such single uses may include, but are not necessarily

  7  restricted to, the use of agricultural lands for production of

  8  food and livestock, the use of improved sites and grounds for

  9  institutional purposes, and the use of lands for parks,

10  preserves, wildlife management, archaeological or historic

11  sites, or wilderness areas where the maintenance of

12  essentially natural conditions is important.  All submerged

13  lands shall be considered single-use lands and shall be

14  managed primarily for the maintenance of essentially natural

15  conditions, the propagation of fish and wildlife, and public

16  recreation, including hunting and fishing where deemed

17  appropriate by the managing entity.

18         (c)  "Conservation lands" means lands that are

19  currently managed for conservation, outdoor resource-based

20  recreation, or archaeological or historic preservation, except

21  those lands that were acquired solely to facilitate the

22  acquisition of other conservation lands.  Lands acquired for

23  uses other than conservation, outdoor resource-based

24  recreation, or archaeological or historic preservation shall

25  not be designated conservation lands except as otherwise

26  authorized under this section.  These lands shall include, but

27  not be limited to, the following:  correction and detention

28  facilities, military installations and facilities, state

29  office buildings, maintenance yards, state university or state

30  community college campuses, agricultural field stations or

31  offices, tower sites, law enforcement and license facilities,

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  1  laboratories, hospitals, clinics, and other sites that possess

  2  no significant natural or historical resources.  However,

  3  lands acquired solely to facilitate the acquisition of other

  4  conservation lands, and for which the land management plan has

  5  not yet been completed or updated, may be evaluated by the

  6  Board of Trustees of the Internal Improvement Trust Fund on a

  7  case-by-case basis to determine if they will be designated

  8  conservation lands.

  9         (d)  "Council" means the Acquisition and Restoration

10  Council created in s. 259.035.

11         (e)  "Net positive conservation benefit" means

12  compensation over and above the market value for or the

13  replacement value of state conservation lands.  Compensation

14  may include, but shall not be limited to, monetary or other

15  considerations and the state's receipt of conservation lands

16  with similar characteristics or higher conservation value.

17  When a net positive conservation benefit can be achieved only

18  by the receipt of conservation lands, the state shall not

19  require receipt of more than twice the acreage than is being

20  conveyed out of state ownership.

21         (f)  "Surplus lands" means conservation or

22  nonconservation lands, the title to which is vested in the

23  board and which are declared available for disposition

24  pursuant to this section.

25         Section 7.  Effective January 7, 2003, the introductory

26  paragraph of subsection (6) of section 253.034, Florida

27  Statutes, is amended to read:

28         253.034  State-owned lands; uses.--

29         (6)  The Board of Trustees of the Internal Improvement

30  Trust Fund shall determine which lands, the title to which is

31  vested in the board, may be surplused. For conservation lands,

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  1  the board shall make a determination that the lands are no

  2  longer needed for conservation purposes and may dispose of

  3  them by a three-fourths two-thirds vote. In the case of a land

  4  exchange involving the disposition of conservation lands, the

  5  board must determine by at least a three-fourths two-thirds

  6  vote that the exchange will result in a net positive

  7  conservation benefit. For all other lands, the board shall

  8  make a determination that the lands are no longer needed and

  9  may dispose of them by majority vote.

10         Section 8.  Section 253.42, Florida Statutes, is

11  amended to read:

12         253.42  Board of trustees may exchange lands.--The

13  Board of Trustees of the Internal Improvement Trust Fund of

14  the state may exchange lands held or owned by, or vested in,

15  said board for other lands in the state owned by local

16  governments, private individuals, or corporations; and fix the

17  terms and conditions of any such exchange, and select and

18  agree upon the lands to be so conveyed by said board; and the

19  lands to be conveyed to said board in exchange therefor; and

20  agree upon and pay or receive, as the case may in the judgment

21  of said board require, any sum or sums of money deemed

22  necessary by said board for the purpose of equalizing the

23  values of such exchanged property, and make and enter into

24  contracts or agreements for such purpose or purposes. The

25  management of lands conveyed to the board of trustees under

26  the provisions of this section may be leased to the Department

27  of Environmental Protection, the Department of Agriculture and

28  Consumer Services, the Fish and Wildlife Conservation

29  Commission, or a water management district.

30         Section 9.  Except as otherwise provided herein, this

31  act shall take effect July 1, 2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions of law with respect to state lands to
  4    include reference to land exchanges. Provides for duties
      and functions of the Department of Environmental
  5    Protection and the Board of Trustees of the Internal
      Improvement Trust Fund with respect to land exchanges.
  6    Revises the membership of the Board of Trustees of the
      Internal Improvement Trust Fund to conform with the
  7    requirements of the State Constitution. See bill for
      details.
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