HB 1347

CS

CHAMBER ACTION

1	The Environmental Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to land management; creating s. 259.1053,
7	F.S.; creating the Babcock Ranch Preserve Act; providing a
8	short title; providing definitions; creating Babcock
9	Ranch, Inc., a not-for-profit corporation to be
10	incorporated in the state; providing that the corporation
11	shall act as an instrumentality of the state for purposes
12	of sovereign immunity under s. 768.28, F.S.; providing
13	that the corporation shall not be an agency under s.
14	20.03, F.S.; providing that the corporation is subject to
15	the provisions of chs. 119 and 286, F.S.; requiring public
16	records and meetings; providing for the corporation to be
17	governed by the Babcock board of directors; providing for
18	the appointment of board members and terms of office;
19	prohibiting any board member from voting on any measure
20	that constitutes a conflict of interest; providing for the
21	board members to serve without compensation, but to
22	receive per diem and travel expenses; authorizing state
23	agencies to provide state employees for purposes of
24	implementing the Babcock Ranch Preserve; providing certain
25	powers and duties of the corporation; providing
26	limitations on the powers and duties of the corporation;
27	providing that the corporation and its subsidiaries must
28	provide equal employment opportunities; providing for the
29	corporation to establish and manage an operating fund;
30	requiring an annual financial audit of the accounts and
31	records of the corporation; requiring annual reports by
32	the corporation to the Board of Trustees of the Internal
33	Improvement Trust Fund, the Legislature, the Department of
34	Agriculture and Consumer Services, and the Fish and
35	Wildlife Conservation Commission; requiring that the
36	corporation prepare an annual budget; specifying a goal of
37	self-sustaining operation within a certain period;
38	providing for the corporation to retain donations and
39	other moneys; requiring that the corporation adopt
40	articles of incorporation and bylaws subject to the
41	approval of the Board of Trustees of the Internal
42	Improvement Trust Fund; authorizing the corporation to
43	appoint advisory committees; providing requirements for a
44	comprehensive business plan; specifying the procedures by
45	which the corporation shall assume the management and
46	operation of the Babcock Ranch Preserve; prohibiting the
47	corporation from taking certain actions without the
48	consent of the Board of Trustees of the Internal
49	Improvement Trust Fund; requiring that the corporation be
50	subject to certain state laws and rules governing the
51	procurement of commodities and services; authorizing the
52	corporation to assess fees; providing for management of
53	the Babcock Ranch Preserve until expiration of a current
54	management agreement; providing for reversion of the
55	management and operation responsibilities to certain
56	agencies upon the dissolution of the corporation;
57	providing that the corporation may be dissolved only by an
58	act of the Legislature; providing for reversion of funds
59	upon the dissolution of the corporation; providing a
60	contingent effective date.
61
62	WHEREAS, the Babcock Ranch comprises the largest private
63	undeveloped single-ownership tract of land in Charlotte County
64	and contains historical evidence in the form of old logging
65	camps and other artifacts that indicate the importance of this
66	land for domesticated livestock production, timber supply, and
67	other bona fide agricultural uses, and
68	WHEREAS, the careful husbandry of the Babcock Ranch,
69	including selective timbering, limited grazing and hunting, and
70	the use of prescribed burning, has preserved a mix of healthy
71	range and timberland with significant species diversity and
72	provides a model for sustainable land development and use, and
73	WHEREAS, the Babcock Ranch must be protected for current
74	and future generations by continued operation as a working ranch
75	under a unique management regime that protects the land and
76	resource values of the property and the surrounding ecosystem
77	while allowing and providing for the ranch to become financially
78	self-sustaining, and
79	WHEREAS, it is in the public's best interest that the
80	management regime for the Babcock Ranch include the development
81	of an operational program for appropriate preservation and
82	development of the ranch's land and resources, and
83	WHEREAS, the public's interest will be served by the
84	creation of a not-for-profit corporation to develop and
85	implement environmentally sensitive, cost-effective, and
86	creative methods to manage and operate a working ranch, NOW,
87	THEREFORE,
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1.  Section 259.1053, Florida Statutes, is created
92	to read:
93	259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
94	creation; membership; organization; meetings.--
95	(1)  SHORT TITLE.--This section may be cited as the
96	"Babcock Ranch Preserve Act."
97	(2)  DEFINITIONS.--As used in this section, the term:
98	(a)  "Babcock Ranch Preserve" and "preserve" mean the lands
99	and facilities acquired in the purchase of the Babcock Crescent
100	B Ranch, as provided in s. 259.1052.
101	(b)  "Babcock Ranch, Inc." and "corporation" mean the not-
102	for-profit corporation created under this section to operate and
103	manage the Babcock Ranch Preserve as a working ranch.
104	(c)  "Board of directors" means the governing board of the
105	not-for-profit corporation created under this section.
106	(d)  "Commission" means the Fish and Wildlife Conservation
107	Commission.
108	(e)  "Commissioner" means the Commissioner of Agriculture.
109	(f)  "Department" means the Department of Agriculture and
110	Consumer Services.
111	(g)  "Executive director" means the executive director of
112	the Fish and Wildlife Conservation Commission.
113	(h)  "Financially self-sustaining" means management and
114	operation expenditures not more than the revenues collected from
115	fees and other receipts for resource use and development and
116	from interest and invested funds.
117	(i)  "Management and operating expenditures" means expenses
118	of the corporation, including, but not limited to, salaries and
119	benefits of officers and staff, administrative and operating
120	expenses, costs for improvements to and maintenance of lands and
121	facilities of the Babcock Ranch Preserve, and other similar
122	expenses. Such expenditures shall be made from revenues
123	generated from the operation of the ranch and not from funds
124	appropriated by the Legislature except as provided in this
125	section.
126	(j)  "Member" means a person appointed to the board of
127	directors of the not-for-profit corporation created under this
128	section.
129	(k)  "Multiple use" means the management of all of the
130	renewable surface resources of the Babcock Ranch Preserve to
131	best meet the needs of the public, including the use of the land
132	for some or all of the renewable surface resources or related
133	services over areas large enough to allow for periodic
134	adjustments in use to conform to the changing needs and
135	conditions of the preserve while recognizing that a portion of
136	the land will be used for some of the renewable surface
137	resources available on that land. The goal of multiple use is
138	the harmonious and coordinated management of the renewable
139	surface resources without impairing the productivity of the land
140	and considering the relative value of the renewable surface
141	resources, and not necessarily a combination of uses to provide
142	the greatest monetary return or the greatest unit output.
143	(l)  "Sustained yield of the renewable surface resources"
144	means the achievement and maintenance of a high level of annual
145	or regular periodic output of the various renewable surface
146	resources of the preserve without impairing the productivity of
147	the land.
148	(3)  CREATION OF BABCOCK RANCH PRESERVE.--
149	(a)  The acquisition of the Babcock Crescent B Ranch by the
150	Board of Trustees of the Internal Improvement Trust Fund is a
151	conservation acquisition under the Florida Forever program
152	created under s. 259.105, with a goal of sustaining the
153	ecological and economic integrity of the property being acquired
154	while allowing the business of the ranch to operate and prosper.
155	(b)  Upon the date of acquisition of the Babcock Crescent B
156	Ranch, there is created the Babcock Ranch Preserve, which shall
157	be managed in accordance with the purposes and requirements of
158	this section.
159	(c)  The preserve is established to protect and preserve
160	the environmental, agricultural, scientific, scenic, geologic,
161	watershed, fish, wildlife, historic, cultural, and recreational
162	values of the preserve, and to provide for the multiple use and
163	sustained yield of the renewable surface resources within the
164	preserve consistent with this section.
165	(d)  Babcock Ranch, Inc., and its officers and employees
166	shall participate in the management of the Babcock Ranch
167	Preserve in an advisory capacity only until the management
168	agreement referenced in paragraph (10)(a) is terminated or
169	expires.
170	(e)  Nothing in this section shall preclude Babcock Ranch,
171	Inc., prior to assuming management and operation of the preserve
172	and thereafter, from allowing the use of common varieties of
173	mineral materials such as sand, stone, and gravel for
174	construction and maintenance of roads and facilities within the
175	preserve.
176	(f)  Nothing in this section shall be construed as
177	affecting the constitutional responsibilities of the commission
178	in the exercise of its regulatory and executive power with
179	respect to wild animal life and freshwater aquatic life,
180	including the regulation of hunting, fishing, and trapping
181	within the preserve.
182	(g)  Nothing in this section shall be construed to
183	interfere with or prevent the ability of Babcock Ranch, Inc., to
184	implement agricultural practices authorized by the agricultural
185	land use designations established in the local comprehensive
186	plans of either Charlotte County or Lee County as those plans
187	apply to the Babcock Ranch Preserve.
188	(h)  To clarify the responsibilities of the lead managing
189	agencies and the not-for-profit corporation created under this
190	section, the lead managing agencies are directed to establish a
191	range of resource protection values for the Babcock Ranch
192	Preserve, and the corporation shall establish operational
193	parameters to conduct the business of the ranch within the range
194	of values. The corporation shall establish a range of
195	operational values to conduct the business of the ranch, and the
196	lead managing agencies providing ground support to the ranch
197	outside of each agency's jurisdictional responsibilities shall
198	establish management parameters within that range of values.
199	(i)  Nothing in this section shall preclude the maintenance
200	and use of roads and trails or the relocation of roads in
201	existence on the effective date of this section, or the
202	construction, maintenance, and use of new trails, or any
203	motorized access necessary for the administration of the land
204	contained within the preserve, including motorized access
205	necessary for emergencies involving the health or safety of
206	persons within the preserve.
207	(4)  CREATION OF BABCOCK RANCH, INCORPORATED.--
208	(a)  There is created a not-for-profit corporation, to be
209	known as Babcock Ranch, Inc., which shall be registered,
210	incorporated, organized, and operated in compliance with the
211	provisions of chapter 617, and which shall not be a unit or
212	entity of state government. For purposes of sovereign immunity,
213	the corporation shall be a corporation primarily acting as an
214	instrumentality of the state but otherwise shall not be an
215	agency within the meaning of s. 20.03(11) or a unit or entity of
216	state government.
217	(b)  The corporation is organized on a nonstock basis and
218	shall operate in a manner consistent with its public purpose and
219	in the best interest of the state.
220	(c)  Meetings and records of the corporation, its
221	directors, advisory committees, or similar groups created by the
222	corporation, including any not-for-profit subsidiaries, are
223	subject to the public records provisions of chapter 119 and the
224	public meetings and records provisions of s. 286.011.
225	(5)  APPLICABILITY OF SECTION.--In any conflict between a
226	provision of this section and a provision of chapter 617, the
227	provisions of this section shall prevail.
228	(6)  PURPOSE.--The purpose of Babcock Ranch, Inc., is to
229	provide management and administrative services for the preserve,
230	to establish and implement management policies that will achieve
231	the purposes and requirements of this section, to cooperate with
232	state agencies to further the purposes of the preserve, and to
233	establish the administrative and accounting procedures for the
234	operation of the corporation.
235	(7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
236	corporation shall be governed by a nine-member board of
237	directors who shall be appointed by the Board of Trustees of the
238	Internal Improvement Trust Fund; the executive director of the
239	commission; the commissioner; the Babcock Florida Company, a
240	corporation registered to do business in the state, or its
241	successors or assigns; the Charlotte County Board of County
242	Commissioners; and the Lee County Board of County Commissioners
243	in the following manner:
244	(a)1.  The Board of Trustees of the Internal Improvement
245	Trust Fund shall appoint four members. No appointee shall be an
246	employee of any governmental entity. One appointee shall have
247	expertise in domesticated livestock management, production, and
248	marketing, including range management and livestock business
249	management. One appointee shall have expertise in the management
250	of game and nongame wildlife and fish populations, including
251	hunting, fishing, and other recreational activities. One
252	appointee shall have expertise in the sustainable management of
253	forest lands for commodity purposes. One appointee shall have
254	expertise in financial management, budget and program analysis,
255	and small business operations.
256	2.  The executive director shall appoint one member with
257	expertise in hunting; fishing; nongame species management; or
258	wildlife habitat management, restoration, and conservation.
259	3.  The commissioner shall appoint one member with
260	expertise in agricultural operations or forestry management.
261	4.  The Babcock Florida Company, its successors or assigns,
262	shall appoint one member with expertise in the activities and
263	management of the Babcock Ranch on the date of acquisition of
264	the ranch by the state as provided under s. 259.1052. This
265	appointee shall serve on the board of directors only until the
266	termination of or expiration of the management agreement
267	attached as Exhibit "E" to that certain Agreement for Sale and
268	Purchase approved by the Board of Trustees of the Internal
269	Improvement Trust Fund on November 22, 2005, and by Lee County,
270	a political subdivision of the state, on November 20, 2005. Upon
271	termination of or expiration of the management agreement, the
272	person serving as the head of the property owners' association,
273	if any, required to be created under the agreement for sale and
274	purchase shall serve as a member of the Board of Directors of
275	Babcock Ranch, Inc.
276	5.  The Charlotte County Board of County Commissioners
277	shall appoint one member who shall be a resident of the county
278	and who shall be active in an organization concerned with the
279	activities of the ranch.
280	6.  The Lee County Board of County Commissioners shall
281	appoint one member who shall be a resident of the county and who
282	shall have experience in land conservation and management. This
283	appointee, or a successor appointee, shall serve as a member of
284	the board of directors so long as the county participates in the
285	state land management plan.
286	(b)  All members of the board of directors shall be
287	appointed no later 90 days following the initial acquisition of
288	the Babcock Ranch by the state, and
289	1.  Four members initially appointed by the Board of
290	Trustees of the Internal Improvement Trust Fund shall each serve
291	a 4-year term.
292	2.  The remaining initial five appointees shall each serve
293	a 2-year term.
294	3.  Each member appointed thereafter shall serve a 4-year
295	term.
296	4.  A vacancy shall be filled in the same manner in which
297	the original appointment was made, and a member appointed to
298	fill a vacancy shall serve for the remainder of that term.
299	5.  No member may serve more than 8 years in consecutive
300	terms.
301	(c)  With the exception of the Babcock Florida Company
302	appointee, no member may be an officer, director, or shareholder
303	in any entity that contracts with or receives funds from the
304	corporation or its subsidiaries.
305	(d)  No member shall vote in an official capacity upon any
306	measure that would inure to his or her special private gain or
307	loss, that he or she knows would inure to the special private
308	gain or loss of any principal by whom he or she is retained or
309	to the parent organization or subsidiary of a principal by which
310	he or she is retained, or that he or she knows would inure to
311	the special private gain or loss of a relative or business
312	associate of the member. Such member shall, prior to the vote
313	being taken, publicly state the nature of his or her interest in
314	the matter from which he or she is abstaining from voting and,
315	no later than 15 days following the date the vote occurs, shall
316	disclose the nature of his or her interest as a public record in
317	a memorandum filed with the person responsible for recording the
318	minutes of the meeting, who shall incorporate the memorandum in
319	the minutes of the meeting.
320	(e)  Each member of the board of directors is accountable
321	for the proper performance of the duties of office, and each
322	member owes a fiduciary duty to the people of the state to
323	ensure that funds provided in furtherance of this section are
324	disbursed and used as prescribed by law and contract. Any
325	official appointing a member may remove that member for
326	malfeasance, misfeasance, neglect of duty, incompetence,
327	permanent inability to perform official duties, unexcused
328	absence from three consecutive meetings of the board, arrest or
329	indictment for a crime that is a felony or misdemeanor involving
330	theft or a crime of dishonesty, or pleading nolo contendere to,
331	or being found guilty of, any crime.
332	(f)  Each member of the board of directors shall serve
333	without compensation, but shall receive travel and per diem
334	expenses as provided in s. 112.061 while in the performance of
335	his or her duties.
336	(8)  ORGANIZATION; MEETINGS.--
337	(a)1.  The board of directors shall annually elect a
338	chairperson and a vice chairperson from among the board's
339	members. The members may, by a vote of five of the nine board
340	members, remove a member from the position of chairperson or
341	vice chairperson prior to the expiration of his or her term as
342	chairperson or vice chairperson. His or her successor shall be
343	elected to serve for the balance of the removed chairperson's or
344	vice chairperson's term.
345	2.  The chairperson shall ensure that records are kept of
346	the proceedings of the board of directors and is the custodian
347	of all books, documents, and papers filed with the board, the
348	minutes of meetings of the board, and the official seal of the
349	corporation.
350	(b)1.  The board of directors shall meet upon the call of
351	the chairperson at least three times per year in Charlotte
352	County or in Lee County.
353	2.  A majority of the members of the board of directors
354	constitutes a quorum. Except as otherwise provided in this
355	section, the board of directors may take official action by a
356	majority of the members present at any meeting at which a quorum
357	is present. Members may not vote by proxy.
358	(9)  POWERS AND DUTIES.--
359	(a)  The board of directors shall adopt articles of
360	incorporation and bylaws necessary to govern its activities. The
361	adopted articles of incorporation and bylaws must be approved by
362	the Board of Trustees of the Internal Improvement Trust Fund
363	prior to filing with the Department of State.
364	(b)  The board of directors shall review and approve any
365	management plan developed pursuant to ss. 253.034 and 259.032
366	for the management of lands in the preserve prior to the
367	submission of that plan to the Board of Trustees of the Internal
368	Improvement Trust Fund for approval and implementation.
369	(c)1.  Except for the constitutional powers of the
370	commission as provided in s. 9, Art. IV, of the State
371	Constitution, the board of directors shall have all necessary
372	and proper powers for the exercise of the authority vested in
373	the corporation, including, but not limited to, the power to
374	solicit and accept donations of funds, property, supplies, or
375	services from individuals, foundations, corporations, and other
376	public or private entities for the purposes of this section. All
377	funds received by the corporation shall be deposited into the
378	operating fund authorized under this section unless otherwise
379	directed by the Legislature.
380	2.  The board of directors may not increase the number of
381	its members.
382	3.  The corporation may not purchase, take, receive, lease,
383	take by gift, devise, or bequest, or otherwise acquire, own,
384	hold, improve, use, or otherwise deal in and with real property,
385	or any interest therein, wherever situated.
386	4.  The corporation may not sell, convey, mortgage, pledge,
387	lease, exchange, transfer, or otherwise dispose of any real
388	property.
389	5.  The corporation may not purchase, take, receive,
390	subscribe for, or otherwise acquire, own, hold, vote, use,
391	employ, sell, mortgage, lend, pledge, or otherwise dispose of,
392	or otherwise use and deal in and with, shares and other
393	interests in, or obligations of, other domestic or foreign
394	corporations, whether for profit or not for profit,
395	associations, partnerships, or individuals, or direct or
396	indirect obligations of the United States or of any other
397	government, state, territory, government district, municipality,
398	or any instrumentality thereof.
399	6.  The corporation may not lend money for its corporate
400	purposes, invest and reinvest its funds, and take and hold real
401	and personal property as security for the payment of funds lent
402	or invested.
403	7.  The corporation may not merge with other corporations
404	or other business entities.
405	8.  The corporation may not enter into any contract, lease,
406	or other agreement related to the use of ground or surface
407	waters located in, on, or through the preserve without the
408	consent of the Board of Trustees of the Internal Improvement
409	Trust Fund and permits that may be required by the Department of
410	Environmental Protection or the appropriate water management
411	district under chapters 373 and 403.
412	9.  The corporation may not grant any easements in, on, or
413	across the preserve. Any easements to be granted for the use of,
414	access to, or ingress and egress across state property within
415	the preserve must be executed by the Board of Trustees of the
416	Internal Improvement Trust Fund as the owners of the state
417	property within the preserve. Any easements to be granted for
418	the use of, access to, or ingress and egress across property
419	within the preserve titled in the name of a local government
420	must be granted by the governing body of that local government.
421	10.  The corporation may not enter into any contract,
422	lease, or other agreement related to the use and occupancy of
423	the property within the preserve for a period of greater than 10
424	years.
425	(c)  The members may, with the written approval of the
426	commission and in consultation with the department, designate
427	hunting, fishing, and trapping zones and may establish
428	additional periods when no hunting, fishing, or trapping shall
429	be permitted for reasons of public safety, administration, and
430	the protection and enhancement of nongame habitat and nongame
431	species, as defined under s. 372.001.
432	(d)  The corporation shall have the sole and exclusive
433	right to use the words "Babcock Ranch, Inc." and any seal,
434	emblem, or other insignia adopted by the members. Without the
435	express written authority of the corporation, no person may use
436	the words "Babcock Ranch, Inc." as the name under which that
437	person conducts or purports to conduct business, for the purpose
438	of trade or advertisement, or in any manner that may suggest any
439	connection with the corporation.
440	(e)  The corporation may from time to time appoint advisory
441	committees to further any part of this section. The advisory
442	committees shall be reflective of the expertise necessary for
443	the particular function for which the committee is created and
444	may include public agencies, private entities, and not-for-
445	profit conservation and agricultural representatives.
446	(f)  State laws governing the procurement of commodities
447	and services by state agencies, as provided in s. 287.057, shall
448	apply to the corporation.
449	(g)  The corporation and its subsidiaries must provide
450	equal employment opportunities for all persons regardless of
451	race, color, religion, gender, national origin, age, handicap,
452	or marital status.
453	(10)  OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
454	REQUIREMENTS.--
455	(a)  The board of directors may establish and manage an
456	operating fund to address the corporation's unique cash-flow
457	needs and to facilitate the management and operation of the
458	preserve as a working ranch. A cash balance reserve of not more
459	than 25 percent of the annual management and operating
460	expenditures of the corporation may accumulate and be maintained
461	in the operating fund at any time.
462	(b)  The board of directors shall provide for an annual
463	financial audit of the corporate accounts and records to be
464	conducted by an independent certified public accountant in
465	accordance with rules adopted by the Auditor General under s.
466	11.45(8). The audit report shall be submitted no later than 3
467	months following the end of the fiscal year to the Auditor
468	General, the President of the Senate, the Speaker of the House
469	of Representatives, and the appropriate substantive and fiscal
470	committees of the Legislature. The Auditor General, the Office
471	of Program Policy Analysis and Government Accountability, and
472	the substantive or fiscal committees of the Legislature to which
473	legislation affecting the Babcock Ranch Preserve may be referred
474	shall have the authority to require and receive from the
475	corporation or from the independent auditor any records relative
476	to the operation of the corporation.
477	(c)  Not later than January 15 of each year, Babcock Ranch,
478	Inc., shall submit to the Board of Trustees of the Internal
479	Improvement Trust Fund, the President of the Senate, the Speaker
480	of the House of Representatives, the department, and the
481	commission a comprehensive and detailed report of its
482	operations, activities, and accomplishments for the prior year,
483	including information on the status of the ecological, cultural,
484	and financial resources being managed by the corporation, and
485	benefits provided by the preserve to local communities. The
486	report shall also include a section describing the corporation's
487	goals for the current year.
488	(d)  The board of directors shall prepare an annual budget
489	with the goal of achieving a financially self-sustaining
490	operation within 15 full fiscal years after the initial
491	acquisition of the Babcock Ranch by the state. The department
492	shall provide necessary assistance, including details as
493	necessary, to the corporation for the timely formulation and
494	submission of an annual legislative budget request for
495	appropriations, if any, to support the administration,
496	operation, and maintenance of the preserve. A request for
497	appropriations shall be submitted to the department and shall be
498	included in the department's annual legislative budget request
499	as a separate line item appropriation. Requests for
500	appropriations shall be submitted to the department in time to
501	allow the department to meet the requirements of s. 216.023. The
502	department may not deny a request or refuse to include in its
503	annual legislative budget submission a request from the
504	corporation for an appropriation.
505	(e)  Notwithstanding any other provision of law, all moneys
506	received from donations or from management of the preserve shall
507	be retained by the corporation in the operating fund and shall
508	be available, without further appropriation, for the
509	administration, preservation, restoration, operation and
510	maintenance, improvements, repairs, and related expenses
511	incurred with respect to properties being managed by the
512	corporation. Except as provided in this section, moneys received
513	by the corporation for the management of the preserve shall not
514	be subject to distribution by the state. Upon assuming
515	management responsibilities for the preserve, the corporation
516	shall optimize the generation of income based on existing
517	marketing conditions to the extent that activities do not
518	unreasonably diminish the long-term environmental, agricultural,
519	scenic, and natural values of the preserve or the multiple-use
520	and sustained-yield capability of the land.
521	(f)  All parties in contract with the corporation and all
522	holders of leases from the corporation that are authorized to
523	occupy, use, or develop properties under the management
524	jurisdiction of the corporation must procure the proper
525	insurance as is reasonable or customary to insure against any
526	loss in connection with the properties or with activities
527	authorized in the leases or contracts.
528	(11)  COMPREHENSIVE BUSINESS PLAN.--
529	(a)  A comprehensive business plan for the management and
530	operation of the preserve as a working ranch and amendments to
531	the business plan may be developed only with input from the
532	department and the commission and may be implemented by Babcock
533	Ranch, Inc., only upon expiration of the management agreement
534	attached as Exhibit "E" to that certain agreement for sale and
535	purchase approved by the Board of Trustees of the Internal
536	Improvement Trust Fund on November 22, 2005, and by Lee County
537	on November 20, 2005.
538	(b)  Any final decision of Babcock Ranch, Inc., to adopt or
539	amend the comprehensive business plan or to approve any activity
540	related to the management of the renewable surface resources of
541	the preserve shall be made in sessions that are open to the
542	public. The board of directors shall establish procedures for
543	providing adequate public information and opportunities for
544	public comment on the proposed comprehensive business plan for
545	the preserve or for amendments to the comprehensive business
546	plan adopted by the members.
547	(c)  Not less than 2 years prior to the corporation's
548	assuming management and operation responsibilities for the
549	preserve, the corporation, with input from the commission and
550	the department, must begin developing the comprehensive business
551	plan to carry out the purposes of this section. To the extent
552	consistent with these purposes, the comprehensive business plan
553	shall provide for:
554	1.  The management and operation of the preserve as a
555	working ranch.
556	2.  The protection and preservation of the environmental,
557	agricultural, scientific, scenic, geologic, watershed, fish,
558	wildlife, historic, cultural, and recreational values of the
559	preserve.
560	3.  The promotion of high-quality hunting experiences for
561	the public, with emphasis on deer, turkey, and other game
562	species.
563	4.  Multiple use and sustained yield of renewable surface
564	resources within the preserve.
565	5.  Public use of and access to the preserve for
566	recreation.
567	6.  The use of renewable resources and management
568	alternatives that, to the extent practicable, benefit local
569	communities and small businesses and enhance the coordination of
570	management objectives with those on surrounding public or
571	private lands. The use of renewable resources and management
572	alternatives should provide cost savings to the corporation
573	through the exchange of services, including, but not limited to,
574	labor and maintenance of facilities, for resources or services
575	provided to the corporation.
576	(d)  On or before the date on which title to the portion of
577	the Babcock Crescent B Ranch being purchased by the state, as
578	provided in s. 259.1052, is vested in the Board of Trustees of
579	the Internal Improvement Trust Fund, Babcock Ranch Management,
580	LLC, a limited liability company incorporated in the state,
581	shall provide the commission and the department with the
582	proprietary management plan and business plan in place for the
583	operation of the ranch as of November 22, 2005, the date on
584	which the board of trustees approved the purchase.
585	(12)  MANAGEMENT OF PRESERVE; FEES.--
586	(a)  The corporation shall assume all authority provided by
587	this section to manage and operate the preserve as a working
588	ranch upon a determination by the Board of Trustees of the
589	Internal Improvement Trust Fund that the corporation is able to
590	conduct business and that provision has been made for essential
591	services on the preserve, which, to the maximum extent
592	practicable, shall be made no later than 60 days prior to the
593	termination of the management agreement referenced in paragraph
594	(11)(a).
595	(b)  Upon assuming management and operation of the
596	preserve, the corporation shall:
597	1.  With input from the commission and the department,
598	manage and operate the preserve and the uses thereof, including,
599	but not limited to, the activities necessary to administer and
600	operate the preserve as a working ranch; the activities
601	necessary for the preservation and development of the land and
602	renewable surface resources of the preserve; the activities
603	necessary for interpretation of the history of the preserve on
604	behalf of the public; the activities necessary for the
605	management, public use, and occupancy of facilities and lands
606	within the preserve; and the maintenance, rehabilitation,
607	repair, and improvement of property within the preserve.
608	2.  Develop programs and activities relating to the
609	management of the preserve as a working ranch.
610	3.  Negotiate directly with and enter into such agreements,
611	leases, contracts, and other arrangements with any person, firm,
612	association, organization, corporation, or governmental entity,
613	including entities of federal, state, and local governments, as
614	are necessary and appropriate to carry out the purposes and
615	activities authorized by this section.
616	4.  Establish procedures for entering into lease agreements
617	and other agreements for the use and occupancy of the facilities
618	of the preserve. The procedures shall ensure reasonable
619	competition and set guidelines for determining reasonable fees,
620	terms, and conditions for such agreements.
621	5.  Assess reasonable fees for admission to, use of, and
622	occupancy of the preserve to offset costs for operation of the
623	preserve as a working ranch. These fees are independent of fees
624	assessed by the commission for the privilege of hunting,
625	fishing, or pursuing outdoor recreational activities within the
626	preserve and shall be deposited into the operating fund
627	established by the board of directors under the authority
628	provided in this section.
629	(13)  MISCELLANEOUS PROVISIONS.--
630	(a)  Except for the powers of the commissioner provided in
631	this section and the powers of the commission provided in s. 9,
632	Art. IV, of the State Constitution, the preserve shall be
633	managed by Babcock Ranch, Inc.
634	(b)  Officers and employees of Babcock Ranch, Inc., are
635	private employees. At the request of the board of directors, the
636	commission and the department may provide state employees for
637	the purpose of implementing this section. Any state employee
638	provided to assist the directors in implementing this section
639	for more than 30 days shall be provided on a reimbursable basis.
640	Reimbursement to the commission and the department shall be made
641	from the corporation's operating fund provided under this
642	section and not from any funds appropriated to the corporation
643	by the Legislature.
644	(14)  DISSOLUTION OF BABCOCK RANCH, INCORPORATED.--
645	(a)  The corporation may be dissolved only by an act of the
646	Legislature.
647	(b)  Upon dissolution of the corporation, the management
648	responsibilities provided in this section shall revert to the
649	commission and the department unless otherwise provided by the
650	Legislature under the act dissolving Babcock Ranch, Inc.
651	(c)  Upon dissolution of the corporation, any cash balances
652	of funds shall revert to the General Revenue fund or such other
653	state fund as may be provided under the act dissolving Babcock
654	Ranch, Inc.
655	Section 2.  This act shall take effect on the same date
656	that SB 1226 or similar legislation takes effect, if such
657	legislation is adopted in the same legislative session, or an
658	extension thereof, and becomes law.

CODING: Words stricken are deletions; words underlined are additions.