House Bill hb0749c1

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    Florida House of Representatives - 2002              CS/HB 749

        By the Council for Ready Infrastructure and
    Representatives Dockery, Argenziano, Baxley and Ross





  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; amending

27         s. 253.42, F.S.; revising requirements for the

28         exchange of lands owned by or vested in the

29         Board of Trustees of the Internal Improvement

30         Trust Fund; providing for the lease of the

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  1         management of certain exchanged lands;

  2         providing effective dates.

  3

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

  5

  6         Section 1.  Section 253.002, Florida Statutes, is

  7  amended to read:

  8         253.002  Department of Environmental Protection, water

  9  management districts, and Department of Agriculture and

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

11         (1)  The Department of Environmental Protection shall

12  perform all staff duties and functions related to the

13  acquisition, administration, and disposition of state lands,

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

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

16  Internal Improvement Trust Fund. However, upon the effective

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

18  management district created under s. 373.069 shall perform the

19  staff duties and functions related to the review of any

20  application for authorization to use board of trustees-owned

21  submerged lands necessary for an activity regulated under part

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

23  permitting responsibility as set forth in an operating

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

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

26  Services shall perform the staff duties and functions related

27  to the review of applications and compliance with lease

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

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

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

31  delegate to the department any statutory duty or obligation

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  1  relating to the acquisition, administration, or disposition of

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

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

  4  management district created under s. 373.069 the authority to

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

  6  board, on applications for authorization to use board of

  7  trustees-owned submerged lands for any activity regulated

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

  9  district has permitting responsibility as set forth in an

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

11  water management district responsibility under this subsection

12  shall be subject to the department's general supervisory

13  authority pursuant to s. 373.026(7).

14         (2)  The Department of Agriculture and Consumer

15  Services shall perform the staff duties and functions related

16  to the review of applications and compliance with lease

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

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

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

20  Agriculture and Consumer Services the authority to take final

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

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

23  which that department has responsibility pursuant to ss.

24  253.67-253.75 and 597.010. However, the board of trustees

25  shall retain the authority to take final agency action on

26  establishing any areas for leasing, new leases, expanding

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

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

29  other real property transaction relating to aquaculture, the

30  Department of Agriculture and Consumer Services must send a

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  1  copy of the document and the accompanying survey to the

  2  Department of Environmental Protection.

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

  4  management district, or the Department of Agriculture and

  5  Consumer Services of authority to take final agency action on

  6  applications for authorization to use submerged lands owned by

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

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

  9  pursuant to this subsection become effective, existing

10  delegations by the board of trustees shall remain in full

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

12  limited or prohibited from amending these delegations. The

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

14  authority to take final agency action without action by the

15  board of trustees on applications for authorization to use

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

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

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

19  of Agriculture and Consumer Services on applications to use

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

21  the provisions of s. 373.4275. Notwithstanding any other

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

23  Department of Legal Affairs, and the department retain the

24  concurrent authority to assert or defend title to submerged

25  lands owned by the board of trustees.

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

27  Statutes, is amended to read:

28         253.01  Internal Improvement Trust Fund established.--

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

30  by law for deposit in the Internal Improvement Trust Fund

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

  2  protection, and conservation of state-owned lands.

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

  4  funds allocated to the Internal Improvement Trust Fund shall

  5  be as provided in the General Appropriations Act. This

  6  paragraph expires July 1, 2002.

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

  8  Florida Statutes, are amended to read:

  9         253.02  Board of trustees; powers and duties.--

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

11  of the Internal Improvement Trust Fund and the Land

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

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

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

15  paying the necessary expense of selection, management, and

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

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

18  General, the Comptroller, the State Treasurer, the

19  Commissioner of Education, and the Commissioner of Agriculture

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

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

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

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

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

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

26  internal improvement bonds issued under the provisions of law;

27  also, the surplus interest accruing from such investments.

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

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

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

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

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

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

  3  enactment hereof or provided in this chapter.

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

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

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

  7  five of the seven trustees.

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

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

10  this act, 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 four seven

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

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

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

22  Commissioner of Agriculture and their successors in office, to

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

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

25  said lands 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  three five of the four seven trustees.

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

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

12  Florida Statutes, are amended to read:

13         253.03  Board of trustees to administer state lands;

14  lands enumerated.--

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

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

17  acquisition, administration, management, control, supervision,

18  conservation, protection, and disposition of all lands owned

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

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

21  held for transportation facilities and transportation

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

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

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

25  authority, flood control district, water management district,

26  or navigation district or agency created by any general or

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

28  Military Reservation, which have been conveyed to the state

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

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

31  the Board of Trustees of the Internal Improvement Trust Fund

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

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

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

  4  form of contract which encumbers state lands for the repayment

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

  6  Internal Improvement Trust Fund shall be deemed to be:

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

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

  9  the state covered by fresh water; and

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

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

12  transportation facilities and transportation corridors and

13  canal rights-of-way.;

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

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

16  excluding lands held for transportation facilities and

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

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

19  may become vested in any port authority, flood control

20  district, water management district, or navigation district or

21  agency created by any general or special act.

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

23  Improvement Trust Fund is hereby authorized and directed to

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

25  the creation of an overall and comprehensive plan of

26  development concerning the acquisition, management, and

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

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

29  Improvement Trust Fund has authority to adopt rules pursuant

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

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

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

  2  twice the amount of acreage being conveyed out of state

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

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

  5  rule governing the disposition of state lands must be revised

  6  to conform to the provisions of this subsection.

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

  8  Florida Statutes, are amended to read:

  9         253.034  State-owned lands; uses.--

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

11  be managed to serve the public interest by protecting and

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

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

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

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

16  the survival of plant and animal species and the conservation

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

18  and natural resources shall be managed using a stewardship

19  ethic that assures these resources will be available for the

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

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

22  feasible and consistent with the goals of protection and

23  conservation of natural resources associated with lands held

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

25  Improvement Trust Fund, public land not designated for

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

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

28  strategies shall address public access and enjoyment, resource

29  conservation and protection, ecosystem maintenance and

30  protection, and protection of threatened and endangered

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

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  1  or endowments may allow the entity with management

  2  responsibility to enhance its ability to manage these lands.

  3  The Acquisition and Restoration Council created in s. 259.035

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

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

  6  section.

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

  8  have the following meanings:

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

10  coordinated management of timber, recreation, conservation of

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

12  habitat and other biological resources, or water resources so

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

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

15  land for some or all of these resources and giving

16  consideration to the relative values of the various resources.

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

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

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

20  require special protection or have special management needs.

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

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

23  to provide the necessary buffering effect desired.  Multiple

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

25  more than one management entity, which may include private

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

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

28  managed to enhance and conserve the lands and resources for

29  the enjoyment of the people of the state.

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

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

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

  2  management program compatible secondary purposes which will

  3  not detract from or interfere with the primary management

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

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

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

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

  8  preserves, wildlife management, archaeological or historic

  9  sites, or wilderness areas where the maintenance of

10  essentially natural conditions is important.  All submerged

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

12  managed primarily for the maintenance of essentially natural

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

14  recreation, including hunting and fishing where deemed

15  appropriate by the managing entity.

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

17  currently managed for conservation, outdoor resource-based

18  recreation, or archaeological or historic preservation, except

19  those lands that were acquired solely to facilitate the

20  acquisition of other conservation lands.  Lands acquired for

21  uses other than conservation, outdoor resource-based

22  recreation, or archaeological or historic preservation shall

23  not be designated conservation lands except as otherwise

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

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

26  facilities, military installations and facilities, state

27  office buildings, maintenance yards, state university or state

28  community college campuses, agricultural field stations or

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

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

31  no significant natural or historical resources.  However,

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  1  lands acquired solely to facilitate the acquisition of other

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

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

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

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

  6  conservation lands.

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

  8  Council created in s. 259.035.

  9         (e)  "Net positive conservation benefit" means

10  compensation over and above the conservation value for, or the

11  replacement value of, state conservation lands. Any

12  compensation shall include replacement lands with similar

13  characteristics and equal or higher conservation value unless

14  no such lands exist, in which case other lands with higher

15  conservation value may be substituted. In any case, the

16  acreage and economic value of the lands received by the state

17  must equal or exceed the acreage and economic value of the

18  lands being conveyed out of state ownership.

19         (f)  "Surplus lands" means conservation or

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

21  board and which are declared available for disposition

22  pursuant to this section.

23         Section 7.  Section 253.42, Florida Statutes, is

24  amended to read:

25         253.42  Board of trustees may exchange lands.--The

26  Board of Trustees of the Internal Improvement Trust Fund of

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

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

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

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

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

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

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

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

  4  necessary by said board for the purpose of equalizing the

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

  6  contracts or agreements for such purpose or purposes. The

  7  management of lands conveyed to the board of trustees under

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

  9  of Environmental Protection, the Department of Agriculture and

10  Consumer Services, the Fish and Wildlife Conservation

11  Commission, or a water management district.

12         Section 8.  Except as otherwise provided herein, this

13  act shall take effect July 1, 2002.

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