Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1290
       
       
       
       
       
       
                                Ì631368>Î631368                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/24/2016           .                                
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       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
       
    1         Senate Substitute for Amendment (647570) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 253.025, Florida Statutes, is amended to
    7  read:
    8         253.025 Acquisition of state lands for purposes other than
    9  preservation, conservation, and recreation.—
   10         (1)(a)Neither The Board of Trustees of the Internal
   11  Improvement Trust Fund or nor its duly authorized agent may not
   12  shall commit the state, through any instrument of negotiated
   13  contract or agreement for purchase, to the purchase of lands
   14  with or without appurtenances unless the provisions of this
   15  section has have been fully complied with.
   16         (b)Except for the requirements of subsections (4), (11),
   17  and (22), if the public’s interest is reasonably protected, the
   18  board of trustees may:
   19         1.Waive any requirements of this section.
   20         2.Waive any rules adopted pursuant to this section,
   21  notwithstanding chapter 120.
   22         3.Substitute other reasonably prudent procedures.
   23         (c)However, The board of trustees may also substitute
   24  federally mandated acquisition procedures for the provisions of
   25  this section if when federal funds are available and will be
   26  used utilized for the purchase of lands, title to which will
   27  vest in the board of trustees, and qualification for such
   28  federal funds requires compliance with federally mandated
   29  acquisition procedures.
   30         (d) Notwithstanding any provisions in this section to the
   31  contrary, if lands are being acquired by the board of trustees
   32  for the anticipated sale, conveyance, or transfer to the Federal
   33  Government pursuant to a joint state and federal acquisition
   34  project, the board of trustees may use appraisals obtained by
   35  the Federal Government in the acquisition of such lands. The
   36  board of trustees may waive any provision of this section when
   37  land is being conveyed from a state agency to the board.
   38         (e)The title to lands acquired pursuant to this section
   39  shall vest in the board of trustees pursuant to s. 253.03(1)
   40  unless otherwise provided by law, and all such titled lands
   41  shall be administered pursuant to s. 253.03.
   42         (2) Before Prior to any state agency initiates initiating
   43  any land acquisition, except for as pertains to the purchase of
   44  property for transportation facilities and transportation
   45  corridors and property for borrow pits for road building
   46  purposes, the agency shall coordinate with the Division of State
   47  Lands to determine the availability of existing, suitable state
   48  owned lands in the area and the public purpose for which the
   49  acquisition is being proposed. If the state agency determines
   50  that no suitable state-owned lands exist, the state agency may
   51  proceed to acquire such lands by employing all available
   52  statutory authority for acquisition.
   53         (3)The board of trustees is authorized to adopt rules to
   54  implement this section, including rules governing the terms and
   55  conditions of land purchases. The rules shall address, with
   56  specificity, but need not be limited to:
   57         (a)The procedures to be followed in the acquisition
   58  process, including selection of appraisers, surveyors, title
   59  agents, and closing agents, and the content of appraisal
   60  reports.
   61         (b)The determination of the value of parcels which the
   62  state has an interest in acquiring.
   63         (c)Special requirements when multiple landowners are
   64  involved in an acquisition.
   65         (d)Requirements for obtaining written option agreements so
   66  that the interests of the state are fully protected.
   67         (4)An agreement to acquire real property for the purposes
   68  described in this chapter, chapter 259, chapter 260, or chapter
   69  375, title to which will vest in the board of trustees, may not
   70  bind the state before the agreement is reviewed and approved by
   71  the Department of Environmental Protection as complying with
   72  this section and any rules adopted pursuant to this section. If
   73  any of the following conditions exist, the agreement shall be
   74  submitted to and approved by the board of trustees:
   75         (a)The purchase price agreed to by the seller exceeds the
   76  value as established pursuant to the rules of the board of
   77  trustees;
   78         (b)The contract price agreed to by the seller and the
   79  acquiring agency exceeds $1 million;
   80         (c)The acquisition is the initial purchase in a Florida
   81  Forever project; or
   82         (d)Other conditions that the board of trustees may adopt
   83  by rule. Such conditions may include, but are not limited to,
   84  Florida Forever projects when title to the property being
   85  acquired is considered nonmarketable or is encumbered in such a
   86  way as to significantly affect its management.
   87  
   88  If approval of the board of trustees is required pursuant to
   89  this subsection, the acquiring agency must provide a
   90  justification as to why it is in the public’s interest to
   91  acquire the parcel or Florida Forever project. Approval of the
   92  board of trustees is also required for Florida Forever projects
   93  the department recommends acquiring pursuant to subsections (11)
   94  and (22). Review and approval of agreements for acquisitions for
   95  Florida Greenways and Trails Program properties pursuant to
   96  chapter 260 may be waived by the department in any contract with
   97  nonprofit corporations that have agreed to assist the department
   98  with this program. If the contribution of the acquiring agency
   99  exceeds $100 million in any one fiscal year, the agreement shall
  100  be submitted to and approved by the Legislative Budget
  101  Commission.
  102         (5)(3) Land acquisition procedures provided for in this
  103  section are for voluntary, negotiated acquisitions.
  104         (6)(4) For the purposes of this section, the term
  105  “negotiations” does not include preliminary contacts with the
  106  property owner to determine the availability of the property,
  107  existing appraisal data, existing abstracts, and surveys.
  108         (7)(5) Evidence of marketable title shall be provided by
  109  the landowner before prior to the conveyance of title, as
  110  provided in the final agreement for purchase. Such evidence of
  111  marketability shall be in the form of title insurance or an
  112  abstract of title with a title opinion. The board of trustees
  113  may waive the requirement that the landowner provide evidence of
  114  marketable title, and, in such case, the acquiring agency shall
  115  provide evidence of marketable title. The board of trustees or
  116  its designee may waive the requirement of evidence of
  117  marketability for acquisitions of property assessed by the
  118  county property appraiser at $10,000 or less, if where the
  119  Division of State Lands finds, based upon such review of the
  120  title records as is reasonable under the circumstances, that
  121  there is no apparent impediment to marketability, or to
  122  management of the property by the state.
  123         (8)(6)Before approval by the board of trustees, or, when
  124  applicable, the Department of Environmental Protection, of any
  125  agreement to purchase land pursuant to this chapter, chapter
  126  259, chapter 260, or chapter 375, and before Prior to
  127  negotiations with the parcel owner to purchase any other land
  128  pursuant to this section, title to which will vest in the board
  129  of trustees, an appraisal of the parcel shall be required as
  130  follows:
  131         (a)The board of trustees shall adopt by rule the method
  132  for determining the value of parcels sought to be acquired by
  133  state agencies pursuant to this section.
  134         (b)(a) Each parcel to be acquired shall have at least one
  135  appraisal. Two appraisals are required when the estimated value
  136  of the parcel exceeds $1 million. However, if both appraisals
  137  exceed $1 million and differ significantly, a third appraisal
  138  may be obtained. If When a parcel is estimated to be worth
  139  $100,000 or less and the director of the Division of State Lands
  140  finds that the cost of an outside appraisal is not justified, a
  141  comparable sales analysis, an appraisal prepared by the
  142  division, or other reasonably prudent procedures may be used by
  143  the division to estimate the value of the parcel, provided the
  144  public’s interest is reasonably protected. The state is not
  145  required to appraise the value of lands and appurtenances that
  146  are being donated to the state.
  147         (c)(b) Appraisal fees and associated costs shall be paid by
  148  the agency proposing the acquisition. The board of trustees
  149  shall approve qualified fee appraisal organizations. All
  150  appraisals used for the acquisition of lands pursuant to this
  151  section shall be prepared by a member of an approved appraisal
  152  organization or by a state-certified appraiser. The board of
  153  trustees shall adopt rules for selecting individuals to perform
  154  appraisals pursuant to this section. Each fee appraiser selected
  155  to appraise a particular parcel shall, before prior to
  156  contracting with the agency or a participant in a multiparty
  157  agreement, submit to the that agency an affidavit substantiating
  158  that he or she has no vested or fiduciary interest in such
  159  parcel.
  160         (d)The fee appraiser and the review appraiser for the
  161  agency may not act in any manner that may be construed as
  162  negotiating with the owner of a parcel proposed for acquisition.
  163         (e)(c) The board of trustees shall adopt by rule the
  164  minimum criteria, techniques, and methods to be used in the
  165  preparation of appraisal reports. Such rules shall incorporate,
  166  to the extent practicable, generally accepted appraisal
  167  standards. Any appraisal issued for acquisition of lands
  168  pursuant to this section must comply with the rules adopted by
  169  the board of trustees. A certified survey must be made which
  170  meets the minimum requirements for upland parcels established in
  171  the Minimum Technical Standards of Practice for Land Surveying
  172  in Florida published by the Department of Agriculture and
  173  Consumer Services Business and Professional Regulation and which
  174  accurately portrays, to the greatest extent practicable, the
  175  condition of the parcel as it currently exists. The requirement
  176  for a certified survey may, in part or in whole, be waived by
  177  the board of trustees any time before prior to submitting the
  178  agreement for purchase to the Division of State Lands. When an
  179  existing boundary map and description of a parcel are determined
  180  by the division to be sufficient for appraisal purposes, the
  181  division director may temporarily waive the requirement for a
  182  survey until any time before prior to conveyance of title to the
  183  parcel. The fee appraiser and the review appraiser for the
  184  agency shall not act in any way that may be construed as
  185  negotiating with the property owner.
  186         (f)(d) Appraisal reports are confidential and exempt from
  187  the provisions of s. 119.07(1), for use by the agency and the
  188  board of trustees, until an option contract is executed or, if
  189  no option contract is executed, until 2 weeks before a contract
  190  or agreement for purchase is considered for approval by the
  191  board of trustees. The Department of Environmental Protection
  192  may disclose appraisal reports to private landowners during
  193  negotiations for acquisitions using alternatives to fee simple
  194  techniques, if the department determines that disclosure of such
  195  reports will bring the proposed acquisition to closure. However,
  196  the private landowner must agree to maintain the confidentiality
  197  of the reports or information. However, The department Division
  198  of State Lands may also disclose appraisal information to public
  199  agencies or nonprofit organizations that agree to maintain the
  200  confidentiality of the reports or information when joint
  201  acquisition of property is contemplated, or when a public agency
  202  or nonprofit organization enters into a written agreement with
  203  the department division to purchase and hold property for
  204  subsequent resale to the board of trustees division. In
  205  addition, the department division may use, as its own,
  206  appraisals obtained by a public agency or nonprofit
  207  organization, if provided the appraiser is selected from the
  208  department’s division’s list of appraisers and the appraisal is
  209  reviewed and approved by the department division. For the
  210  purposes of this paragraph, the term “nonprofit organization”
  211  means an organization that whose purpose is the preservation of
  212  natural resources, and which is exempt from federal income tax
  213  under s. 501(c)(3) of the Internal Revenue Code and, for
  214  purposes of the acquisition of conservation lands, an
  215  organization whose purpose must include the preservation of
  216  natural resources. The agency may release an appraisal report
  217  when the passage of time has rendered the conclusions of value
  218  in the report invalid or when the acquiring agency has
  219  terminated negotiations.
  220         (g)(e)Before Prior to acceptance of an appraisal, the
  221  agency shall submit a copy of such report to the division of
  222  State Lands. The division shall review such report for
  223  compliance with the rules of the board of trustees. Any
  224  questions of applicability of laws affecting an appraisal shall
  225  be addressed by the legal office of the agency.
  226         (h)(f) The appraisal report shall be accompanied by the
  227  sales history of the parcel for at least the previous prior 5
  228  years. Such sales history shall include all parties and
  229  considerations with the amount of consideration verified, if
  230  possible. If a sales history would not be useful, or it is its
  231  cost prohibitive compared to the value of a parcel, the sales
  232  history may be waived by the board of trustees. The board of
  233  trustees shall adopt a rule specifying guidelines for waiver of
  234  a sales history.
  235         (i)(g) The board of trustees may consider an appraisal
  236  acquired by a seller, or any part thereof, in negotiating to
  237  purchase a parcel, but such appraisal may not be used in lieu of
  238  an appraisal required by this subsection or to determine the
  239  maximum offer allowed by law.
  240         (j)1.The board of trustees shall adopt by rule the method
  241  for determining the value of parcels sought to be acquired by
  242  state agencies pursuant to this section. An offer by a state
  243  agency may not exceed the value for that parcel as determined
  244  pursuant to the highest approved appraisal or the value
  245  determined pursuant to the rules of the board of trustees,
  246  whichever value is less.
  247         2.For a joint acquisition by a state agency and a local
  248  government or other entity apart from the state, the joint
  249  purchase price may not exceed 150 percent of the value for a
  250  parcel as determined in accordance with the limits in
  251  subparagraph 1. The state agency share of a joint purchase offer
  252  may not exceed what the agency may offer singly pursuant to
  253  subparagraph 1.
  254         3.This paragraph does not apply to the acquisition of
  255  historically unique or significant property as determined by the
  256  Division of Historical Resources of the Department of State.
  257  
  258  Notwithstanding this subsection, on behalf of the board of
  259  trustees and before the appraisal of parcels approved for
  260  purchase under this chapter or chapter 259, the Secretary of
  261  Environmental Protection or the director of the Division of
  262  State Lands may enter into option contracts to buy such parcels.
  263  Any such option contract shall state that the final purchase
  264  price is subject to approval by the board of trustees or, if
  265  applicable, the Secretary of Environmental Protection, and that
  266  the final purchase price may not exceed the maximum offer
  267  allowed by law. Any such option contract presented to the board
  268  of trustees for final purchase price approval shall explicitly
  269  state that payment of the final purchase price is subject to an
  270  appropriation from the Legislature. The consideration for such
  271  an option may not exceed $1,000 or 0.01 percent of the estimate
  272  by the department of the value of the parcel, whichever amount
  273  is greater.
  274         (9)(7)(a) When the owner is represented by an agent or
  275  broker, negotiations may not be initiated or continued until a
  276  written statement verifying such agent’s or broker’s legal or
  277  fiduciary relationship with the owner is on file with the
  278  agency.
  279         (b) The board of trustees or any state agency may contract
  280  for real estate acquisition services, including, but not limited
  281  to, contracts for real estate commission fees, surveying,
  282  mapping, environmental audits, title work, and legal and other
  283  professional assistance to review acquisition agreements and
  284  other documents and to perform acquisition closings. However,
  285  the Department of Environmental Protection may use outside
  286  counsel to review any agreements or documents or to perform
  287  acquisition closings unless department staff can conduct the
  288  same activity in 15 days or less.
  289         (c) Upon the initiation of negotiations, the state agency
  290  shall inform the owner in writing that all agreements for
  291  purchase are subject to approval by the board of trustees.
  292         (d) All offers or counteroffers shall be documented in
  293  writing and shall be confidential and exempt from the provisions
  294  of s. 119.07(1) until an option contract is executed, or if no
  295  option contract is executed, until 2 weeks before a contract or
  296  agreement for purchase is considered for approval by the board
  297  of trustees. The agency shall maintain complete and accurate
  298  records of all offers and counteroffers for all projects.
  299         (e)1.The board of trustees shall adopt by rule the method
  300  for determining the value of parcels sought to be acquired by
  301  state agencies pursuant to this section. No offer by a state
  302  agency, except an offer by an agency acquiring lands pursuant to
  303  s. 259.041, may exceed the value for that parcel as determined
  304  pursuant to the highest approved appraisal or the value
  305  determined pursuant to the rules of the board of trustees,
  306  whichever value is less.
  307         2.In the case of a joint acquisition by a state agency and
  308  a local government or other entity apart from the state, the
  309  joint purchase price may not exceed 150 percent of the value for
  310  a parcel as determined in accordance with the limits prescribed
  311  in subparagraph 1. The state agency share of a joint purchase
  312  offer may not exceed what the agency may offer singly as
  313  prescribed by subparagraph 1.
  314         3.The provisions of this paragraph do not apply to the
  315  acquisition of historically unique or significant property as
  316  determined by the Division of Historical Resources of the
  317  Department of State.
  318         (e)(f) When making an offer to a landowner, a state agency
  319  shall consider the desirability of a single cash payment in
  320  relation to the maximum offer allowed by law.
  321         (f)(g) The state shall have the authority to reimburse the
  322  owner for the cost of the survey when deemed appropriate. The
  323  reimbursement is shall not be considered a part of the purchase
  324  price.
  325         (g)(h) A final offer shall be in the form of an option
  326  contract or agreement for purchase and shall be signed and
  327  attested to by the owner and the representative of the agency.
  328  Before the agency executes the option contract or agreement for
  329  purchase, the contract or agreement shall be reviewed for form
  330  and legality by legal staff of the agency. Before the agency
  331  signs the agreement for purchase or exercises the option
  332  contract, the provisions of s. 286.23 shall be complied with.
  333  Within 10 days after the signing of the agreement for purchase,
  334  the state agency shall furnish the Department of Environmental
  335  Protection Division of State Lands with the original of the
  336  agreement for purchase along with copies of the disclosure
  337  notice, evidence of marketability, the accepted appraisal
  338  report, the fee appraiser’s affidavit, a statement that the
  339  inventory of existing state-owned lands was examined and
  340  contained no available suitable land in the area, and a
  341  statement outlining the public purpose for which the acquisition
  342  is being made and the statutory authority therefor.
  343         (h)(i) Within 45 days after of receipt by the Department of
  344  Environmental Protection Division of State Lands of the
  345  agreement for purchase and the required documentation, the board
  346  of trustees or, if when the purchase price does not exceed
  347  $100,000, its designee shall either reject or approve the
  348  agreement. An approved agreement for purchase is binding on both
  349  parties. Any agreement which has been disapproved shall be
  350  returned to the agency, along with a statement as to the
  351  deficiencies of the agreement or the supporting documentation.
  352  An agreement for purchase which has been disapproved by the
  353  board of trustees may be resubmitted when such deficiencies have
  354  been corrected.
  355         (10)(8)(a) A No dedication, gift, grant, or bequest of
  356  lands and appurtenances may not be accepted by the board of
  357  trustees until the receiving state agency supplies sufficient
  358  evidence of marketability of title. The board of trustees may
  359  not accept by dedication, gift, grant, or bequest any lands and
  360  appurtenances that are determined as being owned by the state
  361  either in fee or by virtue of the state’s sovereignty or which
  362  are so encumbered so as to preclude the use of such lands and
  363  appurtenances for any reasonable public purpose. The board of
  364  trustees may accept a dedication, gift, grant, or bequest of
  365  lands and appurtenances without formal evidence of
  366  marketability, or when the title is nonmarketable, if the board
  367  or its designee determines that such lands and appurtenances
  368  have value and are reasonably manageable by the state, and that
  369  their acceptance would serve the public interest. The state is
  370  not required to appraise the value of such donated lands and
  371  appurtenances as a condition of receipt.
  372         (b) A No deed filed in the public records to donate lands
  373  to the board of trustees does not of the Internal Improvement
  374  Trust Fund shall be construed to transfer title to or vest title
  375  in the board of trustees unless there shall also be filed in the
  376  public records, a document indicating that the board of trustees
  377  has agreed to accept the transfer of title to such donated lands
  378  is also filed in the public records.
  379         (c)Notwithstanding any other provision of law, the maximum
  380  value of a parcel to be purchased by the board of trustees as
  381  determined by the highest approved appraisal or as determined
  382  pursuant to the rules of the board of trustees may not be
  383  increased or decreased as a result of a change in zoning or
  384  permitted land uses, or changes in market forces or prices that
  385  occur within 1 year after the date the Department of
  386  Environmental Protection or the board of trustees approves a
  387  contract to purchase the parcel.
  388         (11)Notwithstanding this section, the board of trustees,
  389  by an affirmative vote of at least three members, voting at a
  390  regularly scheduled and advertised meeting, may direct the
  391  Department of Environmental Protection to exercise the power of
  392  eminent domain pursuant to chapters 73 and 74 to acquire any
  393  conservation parcel identified on the acquisition list
  394  established by the Acquisition and Restoration Council and
  395  approved by the board of trustees pursuant to chapter 259.
  396  However, the board of trustees may only make such a vote under
  397  the following circumstances:
  398         (a)The state has made at least two bona fide offers to
  399  purchase the land through negotiation and, notwithstanding those
  400  offers, an impasse between the state and the landowner was
  401  reached.
  402         (b)The land is of special importance to the state because
  403  of one or more of the following reasons:
  404         1.It involves an endangered or natural resource and is in
  405  imminent danger of development.
  406         2.It is of unique value to the state and the failure to
  407  acquire it will result in irreparable loss to the state.
  408         3.The failure of the state to acquire it will seriously
  409  impair the state’s ability to manage or protect other state
  410  owned lands.
  411  
  412  Pursuant to this subsection, the department may exercise
  413  condemnation authority directly or by contracting with the
  414  Department of Transportation or a water management district to
  415  provide that service. If the Department of Transportation or a
  416  water management district enters into such a contract with the
  417  department, the Department of Transportation or a water
  418  management district may use statutorily approved methods and
  419  procedures ordinarily used by the agency for condemnation
  420  purposes.
  421         (12)(9) Any conveyance to the board of trustees of fee
  422  title shall be made by no less than a special warranty deed,
  423  unless the conveyance is from the Federal Government, the county
  424  government, or another state agency or, in the event of a gift
  425  or donation by quitclaim deed, if the board of trustees, or its
  426  designee, determines that the acceptance of such quitclaim deed
  427  is in the best interest of the public. A quitclaim deed may also
  428  be accepted to aid in clearing title or boundary questions. The
  429  title to lands acquired pursuant to this section shall vest in
  430  the board of trustees as provided in s. 253.03(1). All such
  431  lands, title to which is vested in the board pursuant to this
  432  section, shall be administered pursuant to the provisions of s.
  433  253.03.
  434         (13)(10) The board of trustees may purchase tax
  435  certificates or tax deeds issued in accordance with chapter 197
  436  relating to property eligible for purchase under this section.
  437         (14)(11) The Auditor General shall conduct audits of
  438  acquisitions and divestitures which, according to his or her
  439  preliminary assessments of board-approved acquisitions and
  440  divestitures, he or she deems necessary. These preliminary
  441  assessments shall be initiated not later than 60 days after
  442  following the board of trustees’ final approval by the board of
  443  land acquisitions under this section. If an audit is conducted,
  444  the Auditor General shall submit an audit report to the board of
  445  trustees, the President of the Senate, the Speaker of the House
  446  of Representatives, and their designees.
  447         (15)(12) The board of trustees and all affected agencies
  448  shall adopt and may modify or repeal such rules and regulations
  449  as are necessary to carry out the purposes of this section,
  450  including rules governing the terms and conditions of land
  451  purchases. Such rules shall address the procedures to be
  452  followed, when multiple landowners are involved in an
  453  acquisition, in obtaining written option agreements so that the
  454  interests of the state are fully protected.
  455         (16)(13)(a) The board of trustees of the Internal
  456  Improvement Trust Fund may deed property to the Department of
  457  Agriculture and Consumer Services, so that the Department of
  458  Agriculture and Consumer Services is department shall be able to
  459  sell, convey, transfer, exchange, trade, or purchase land on
  460  which a forestry facility resides for money or other more
  461  suitable property on which to relocate the facility. Any sale or
  462  purchase of property by the Department of Agriculture and
  463  Consumer Services shall follow the requirements of subsections
  464  (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
  465  value, and any trade shall ensure that the state is getting at
  466  least an equal value for the property. Except as provided in
  467  subsections (7)-(10) and (12) (5)-(9), the Department of
  468  Agriculture and Consumer Services is excluded from following the
  469  provisions of this chapter and chapters 259 and 375. This
  470  exclusion does shall not apply to lands acquired for
  471  conservation purposes in accordance with s. 253.0341(1) or (2)
  472  253.034(6)(a) or (b).
  473         (b) In the case of a sale by the Department of Agriculture
  474  and Consumer Services of a forestry facility, the proceeds of
  475  the sale shall be deposited go into the Department of
  476  Agriculture and Consumer Services Incidental Trust Fund. The
  477  Legislature may, at the request of the Department of Agriculture
  478  and Consumer Services department, appropriate such money within
  479  the trust fund to the Department of Agriculture and Consumer
  480  Services department for purchase of land and construction of a
  481  facility to replace the disposed facility. All proceeds other
  482  than land from any sale, conveyance, exchange, trade, or
  483  transfer conducted pursuant to as provided for in this
  484  subsection shall be deposited into placed within the Department
  485  of Agriculture and Consumer Services department’s Incidental
  486  Trust Fund.
  487         (c) Additional funds may be added from time to time by the
  488  Legislature to further the relocation and construction of
  489  forestry facilities. If In the instance where an equal trade of
  490  land occurs, money from the trust fund may be appropriated for
  491  building construction even though no money was received from the
  492  trade.
  493         (17)(14) Any agency that acquires land on behalf of the
  494  board of trustees is authorized to request disbursement of
  495  payments for real estate closings in accordance with a written
  496  authorization from an ultimate beneficiary to allow a third
  497  party authorized by law to receive such payment provided the
  498  Chief Financial Officer determines that such disbursement is
  499  consistent with good business practices and can be completed in
  500  a manner minimizing costs and risks to the state.
  501         (18)(15) Pursuant to s. 944.10, the Department of
  502  Corrections is responsible for obtaining appraisals and entering
  503  into option agreements and agreements for the purchase of state
  504  correctional facility sites. An option agreement or agreement
  505  for purchase is not binding upon the state until it is approved
  506  by the board of trustees of the Internal Improvement Trust Fund.
  507  The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
  508  (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
  509  to all appraisals, offers, and counteroffers of the Department
  510  of Corrections for state correctional facility sites.
  511         (19)(16) Many parcels of land acquired pursuant to this
  512  section may contain cattle-dipping vats as defined in s.
  513  376.301. The state is encouraged to continue with the
  514  acquisition of such lands, including any the cattle-dipping vats
  515  vat.
  516         (20)(17) Pursuant to s. 985.682, the Department of Juvenile
  517  Justice is responsible for obtaining appraisals and entering
  518  into option agreements and agreements for the purchase of state
  519  juvenile justice facility sites. An option agreement or
  520  agreement for purchase is not binding upon the state until it is
  521  approved by the board of trustees of the Internal Improvement
  522  Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
  523  and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
  524  and (d) apply to all appraisals, offers, and counteroffers of
  525  the Department of Juvenile Justice for state juvenile justice
  526  facility sites.
  527         (21)(18) The board of trustees may acquire, pursuant to s.
  528  288.980(2)(b), nonconservation lands from the annual list
  529  submitted by the Department of Economic Opportunity for the
  530  purpose of buffering a military installation against
  531  encroachment.
  532         (22)The board of trustees, by an affirmative vote of at
  533  least three members, may direct the department to purchase lands
  534  on an immediate basis using up to 15 percent of the funds
  535  allocated to the department pursuant to s. 259.105 for the
  536  acquisition of lands that:
  537         (a)Are listed or placed at auction by the Federal
  538  Government as part of the Resolution Trust Corporation sale of
  539  lands from failed savings and loan associations;
  540         (b)Are listed or placed at auction by the Federal
  541  Government as part of the Federal Deposit Insurance Corporation
  542  sale of lands from failed banks; or
  543         (c)Will be developed or otherwise lost to potential public
  544  ownership, or for which federal matching funds will be lost, by
  545  the time the land can be purchased under the program within
  546  which the land is listed for acquisition.
  547  
  548  For such acquisitions, the board of trustees may waive or modify
  549  all procedures required for land acquisition pursuant to this
  550  chapter and all competitive bid procedures required pursuant to
  551  chapters 255 and 287. Lands acquired pursuant to this subsection
  552  must, at the time of purchase, be on one of the acquisition
  553  lists established pursuant to chapter 259, or be essential for
  554  water resource development, protection, or restoration, or a
  555  significant portion of the lands must contain natural
  556  communities or plant or animal species that are listed by the
  557  Florida Natural Areas Inventory as critically imperiled,
  558  imperiled, or rare, or as excellent quality occurrences of
  559  natural communities.
  560         (23)Title to lands to be held jointly by the board of
  561  trustees and a water management district and acquired pursuant
  562  to s. 373.139 may be deemed to meet the standards necessary for
  563  ownership by the board of trustees, notwithstanding this section
  564  or related rules.
  565         Section 2. Section 253.0251, Florida Statutes, is created
  566  to read:
  567         253.0251Alternatives to fee simple acquisition.—
  568         (1)The Legislature finds that:
  569         (a)With the increasing pressures on the natural areas of
  570  this state and on open space suitable for recreational use, the
  571  state must develop creative techniques to maximize the use of
  572  acquisition and management funds.
  573         (b)The state’s conservation and recreational land
  574  acquisition agencies should be encouraged to augment their
  575  traditional, fee simple acquisition programs with the use of
  576  alternatives to fee simple acquisition techniques. In addition,
  577  the Legislature finds that generations of private landowners
  578  have been good stewards of their land, protecting or restoring
  579  native habitats and ecosystems to the benefit of the natural
  580  resources of this state, its heritage, and its citizens. The
  581  Legislature also finds that using alternatives to fee simple
  582  acquisition by public land acquisition agencies will achieve the
  583  following public policy goals:
  584         1.Allow more lands to be brought under public protection
  585  for preservation, conservation, and recreational purposes with
  586  less expenditure of public funds.
  587         2.Retain, on local government tax rolls, some portion of
  588  or interest in lands which are under public protection.
  589         3.Reduce long-term management costs by allowing private
  590  property owners to continue acting as stewards of their land,
  591  when appropriate.
  592  
  593  Therefore, it is the intent of the Legislature that public land
  594  acquisition agencies develop programs to pursue alternatives to
  595  fee simple acquisition and to educate private landowners about
  596  such alternatives and the benefits of such alternatives. It is
  597  also the intent of the Legislature that a portion of the shares
  598  of Florida Forever bond proceeds be used to purchase eligible
  599  properties using alternatives to fee simple acquisition.
  600         (2)All applications for alternatives to fee simple
  601  acquisition projects shall identify, within their acquisition
  602  plans, projects that require a full fee simple interest to
  603  achieve the public policy goals, together with the reasons full
  604  title is determined to be necessary. The state agencies and the
  605  water management districts may use alternatives to fee simple
  606  acquisition to bring the remaining projects in their acquisition
  607  plans under public protection. For purposes of this section, the
  608  phrase “alternatives to fee simple acquisition” includes, but is
  609  not limited to, purchase of development rights; obtaining
  610  conservation easements; obtaining flowage easements; purchase of
  611  timber rights, mineral rights, or hunting rights; purchase of
  612  agricultural interests or silvicultural interests; fee simple
  613  acquisitions with reservations; creating life estates; or any
  614  other acquisition technique that achieves the public policy
  615  goals listed in subsection (1). It is presumed that a private
  616  landowner retains the full range of uses for all the rights or
  617  interests in the landowner’s land which are not specifically
  618  acquired by the public agency. The lands upon which hunting
  619  rights are specifically acquired pursuant to this section shall
  620  be available for hunting in accordance with the management plan
  621  or hunting regulations adopted by the Fish and Wildlife
  622  Conservation Commission, unless the hunting rights are purchased
  623  specifically to protect activities on adjacent lands.
  624         (3)When developing the acquisition plan pursuant to s.
  625  259.105, the Acquisition and Restoration Council may give
  626  preference to those less than fee simple acquisitions that
  627  provide any public access. However, the Legislature recognizes
  628  that public access is not always appropriate for certain less
  629  than fee simple acquisitions. Therefore, any proposed less than
  630  fee simple acquisition may not be rejected simply because public
  631  access would be limited.
  632         (4)The Department of Environmental Protection, the
  633  Department of Agriculture and Consumer Services, and each water
  634  management district shall implement initiatives for using
  635  alternatives to fee simple acquisition and to educate private
  636  landowners about such alternatives. The Department of
  637  Environmental Protection, the Department of Agriculture and
  638  Consumer Services, and the water management districts may enter
  639  into joint acquisition agreements to jointly fund the purchase
  640  of lands using alternatives to fee simple techniques.
  641         (5)The Legislature finds that the lack of direct sales
  642  comparison information has served as an impediment to successful
  643  implementation of alternatives to fee simple acquisition. It is
  644  the intent of the Legislature that, in the absence of direct
  645  comparable sales information, appraisals of alternatives to fee
  646  simple acquisitions be based on the difference between the full
  647  fee simple valuation and the value of the interests remaining
  648  with the seller after acquisition.
  649         (6)The public agency that has been assigned management
  650  responsibility shall inspect and monitor any less than fee
  651  simple interest according to the terms of the purchase agreement
  652  relating to such interest.
  653         (7)For less than fee simple acquisitions pursuant to s.
  654  570.71, the Department of Agriculture and Consumer Services
  655  shall comply with the acquisition procedures set forth in s.
  656  570.715.
  657         Section 3. Subsection (2), paragraph (c) of subsection (7),
  658  and subsections (11) and (15) of section 253.03, Florida
  659  Statutes, are amended to read:
  660         253.03 Board of trustees to administer state lands; lands
  661  enumerated.—
  662         (2) It is the intent of the Legislature that the board of
  663  trustees of the Internal Improvement Trust Fund continue to
  664  receive proceeds from the sale or disposition of the products of
  665  lands and the sale of lands of which the use and possession are
  666  not subsequently transferred by appropriate lease or similar
  667  instrument from the board of trustees to the proper using
  668  agency. Such using agency shall be entitled to the proceeds from
  669  the sale of products on, under, growing out of, or connected
  670  with lands which such using agency holds under lease or similar
  671  instrument from the board of trustees. The board of trustees of
  672  the Internal Improvement Trust Fund is directed and authorized
  673  to enter into leases or similar instruments for the use,
  674  benefit, and possession of public lands by agencies which may
  675  properly use and possess them for the benefit of the state. The
  676  board of trustees shall adopt by rule an annual administrative
  677  fee for all existing and future leases or similar instruments,
  678  to be charged agencies that are leasing land from it. This
  679  annual administrative fee assessed for all leases or similar
  680  instruments is to compensate the board for costs incurred in the
  681  administration and management of such leases or similar
  682  instruments.
  683         (7)
  684         (c) Structures which are listed in or are eligible for the
  685  National Register of Historic Places or the State Inventory of
  686  Historic Places which are over the waters of the state of
  687  Florida and which have a submerged land lease, or have been
  688  grandfathered-in to use sovereignty submerged lands until
  689  January 1, 1998, pursuant to former rule 18-21.00405, Florida
  690  Administrative Code, as it existed in rule on March 15, 1990,
  691  shall have the right to continue such submerged land leases,
  692  regardless of the fact that the present landholder is not an
  693  adjacent riparian landowner, so long as the lessee maintains the
  694  structure in a good state of repair consistent with the
  695  guidelines for listing. If the structure is damaged or
  696  destroyed, the lessee may shall be allowed to reconstruct, so
  697  long as the reconstruction is consistent with the integrity of
  698  the listed structure and does not increase the footprint of the
  699  structure. If a listed structure so listed falls into disrepair
  700  and the lessee is not willing to repair and maintain it
  701  consistent with its listing, the state may cancel the submerged
  702  lease and either repair and maintain the property or require
  703  that the structure be removed from sovereignty submerged lands.
  704         (11) The board of trustees of the Internal Improvement
  705  Trust Fund may adopt rules to provide for the assessment and
  706  collection of reasonable fees, commensurate with the actual cost
  707  to the board, for disclaimers, easements, exchanges, gifts,
  708  leases, releases, or sales of any interest in lands or any
  709  applications therefor and for reproduction of documents. All
  710  revenues received from the application fees charged by a water
  711  management district to process applications that include a
  712  request to use state lands are to be retained by the water
  713  management district. The board of trustees shall adopt by rule
  714  an annual administrative fee for all existing and future leases
  715  or similar instruments to be charged to agencies that are
  716  leasing land from the board of trustees. This annual
  717  administrative fee assessed for all leases or similar
  718  instruments is to compensate the board of trustees for costs
  719  incurred in the administration and management of such leases or
  720  similar instruments.
  721         (15) The board of trustees of the Internal Improvement
  722  Trust Fund shall encourage the use of sovereign submerged lands
  723  for public access and water-dependent uses which may include
  724  related minimal secondary nonwater-dependent uses and public
  725  access.
  726         Section 4. Subsections (8) and (9) of section 253.031,
  727  Florida Statutes, are renumbered as subsections (7) and (8),
  728  respectively, and present subsections (2) and (7) of that
  729  section are amended, to read:
  730         253.031 Land office; custody of documents concerning land;
  731  moneys; plats.—
  732         (2) The board of trustees of the Internal Improvement Trust
  733  Fund shall have custody of, and the department shall maintain,
  734  all the records, surveys, plats, maps, field notes, and patents
  735  and all other evidence touching the title and description of the
  736  public domain.
  737         (7)The board shall receive all of the tract books, plats,
  738  and such records and papers heretofore kept in the United States
  739  Land Office at Gainesville, Alachua County, as may be
  740  surrendered by the Secretary of the Interior; and the board
  741  shall carefully and safely keep and preserve all of said tract
  742  books, plats, records, and papers as part of the public records
  743  of its office, and at any time allow any duly accredited
  744  authority of the United States, full and free access to any and
  745  all of such tract books, plats, records, and papers, and shall
  746  furnish any duly accredited authority of the United States with
  747  copies of any such records without charge.
  748         Section 5. Section 253.034, Florida Statutes, is amended to
  749  read:
  750         253.034 State-owned lands; uses.—
  751         (1) All lands acquired pursuant to chapter 259 shall be
  752  managed to serve the public interest by protecting and
  753  conserving land, air, water, and the state’s natural resources,
  754  which contribute to the public health, welfare, and economy of
  755  the state. These lands shall be managed to provide for areas of
  756  natural resource based recreation, and to ensure the survival of
  757  plant and animal species and the conservation of finite and
  758  renewable natural resources. The state’s lands and natural
  759  resources shall be managed using a stewardship ethic that
  760  assures these resources will be available for the benefit and
  761  enjoyment of all people of the state, both present and future.
  762  It is the intent of the Legislature that, where feasible and
  763  consistent with the goals of protection and conservation of
  764  natural resources associated with lands held in the public trust
  765  by the Board of Trustees of the Internal Improvement Trust Fund,
  766  public land not designated for single-use purposes pursuant to
  767  paragraph (2)(b) be managed for multiple-use purposes. All
  768  multiple-use land management strategies shall address public
  769  access and enjoyment, resource conservation and protection,
  770  ecosystem maintenance and protection, and protection of
  771  threatened and endangered species, and the degree to which
  772  public-private partnerships or endowments may allow the entity
  773  with management responsibility to enhance its ability to manage
  774  these lands. The Acquisition and Restoration Council created in
  775  s. 259.035 shall recommend rules to the board of trustees, and
  776  the board of trustees shall adopt rules necessary to carry out
  777  the purposes of this section.
  778         (2) As used in this section, the term following phrases
  779  have the following meanings:
  780         (a) “Multiple use” means the harmonious and coordinated
  781  management of timber, recreation, conservation of fish and
  782  wildlife, forage, archaeological and historic sites, habitat and
  783  other biological resources, or water resources so that they are
  784  used utilized in the combination that will best serve the people
  785  of the state, making the most judicious use of the land for some
  786  or all of these resources and giving consideration to the
  787  relative values of the various resources. Where necessary and
  788  appropriate for all state-owned lands that are larger than 1,000
  789  acres in project size and are managed for multiple uses, buffers
  790  may be formed around any areas that require special protection
  791  or have special management needs. Such buffers may shall not
  792  exceed more than one-half of the total acreage. Multiple uses
  793  within a buffer area may be restricted to provide the necessary
  794  buffering effect desired. Multiple use in this context includes
  795  both uses of land or resources by more than one management
  796  entity, which may include private sector land managers. In any
  797  case, lands identified as multiple-use lands in the land
  798  management plan shall be managed to enhance and conserve the
  799  lands and resources for the enjoyment of the people of the
  800  state.
  801         (b) “Single use” means management for one particular
  802  purpose to the exclusion of all other purposes, except that the
  803  using entity shall have the option of including in its
  804  management program compatible secondary purposes which will not
  805  detract from or interfere with the primary management purpose.
  806  Such single uses may include, but are not necessarily restricted
  807  to, the use of agricultural lands for production of food and
  808  livestock, the use of improved sites and grounds for
  809  institutional purposes, and the use of lands for parks,
  810  preserves, wildlife management, archaeological or historic
  811  sites, or wilderness areas where the maintenance of essentially
  812  natural conditions is important. All submerged lands shall be
  813  considered single-use lands and shall be managed primarily for
  814  the maintenance of essentially natural conditions, the
  815  propagation of fish and wildlife, and public recreation,
  816  including hunting and fishing where deemed appropriate by the
  817  managing entity.
  818         (c) “Conservation lands” means lands that are currently
  819  managed for conservation, outdoor resource-based recreation, or
  820  archaeological or historic preservation, except those lands that
  821  were acquired solely to facilitate the acquisition of other
  822  conservation lands. Lands acquired for uses other than
  823  conservation, outdoor resource-based recreation, or
  824  archaeological or historic preservation may shall not be
  825  designated conservation lands except as otherwise authorized
  826  under this section. These lands shall include, but not be
  827  limited to, the following: correction and detention facilities,
  828  military installations and facilities, state office buildings,
  829  maintenance yards, state university or Florida College System
  830  institution campuses, agricultural field stations or offices,
  831  tower sites, law enforcement and license facilities,
  832  laboratories, hospitals, clinics, and other sites that do not
  833  possess no significant natural or historical resources. However,
  834  lands acquired solely to facilitate the acquisition of other
  835  conservation lands, and for which the land management plan has
  836  not yet been completed or updated, may be evaluated by the Board
  837  of Trustees of the Internal Improvement Trust Fund on a case-by
  838  case basis to determine if they will be designated conservation
  839  lands.
  840         (d) “Public access,” as used in this chapter and chapter
  841  259, means access by the general public to state lands and
  842  water, including vessel access made possible by boat ramps,
  843  docks, and associated support facilities, where compatible with
  844  conservation and recreation objectives.
  845  
  846  Lands acquired by the state as a gift, through donation, or by
  847  any other conveyance for which no consideration was paid, and
  848  which are not managed for conservation, outdoor resource-based
  849  recreation, or archaeological or historic preservation under a
  850  land management plan approved by the board of trustees are not
  851  conservation lands.
  852         (3) Recognizing that recreational trails purchased with
  853  rails-to-trails funds pursuant to former s. 259.101(3)(g),
  854  Florida Statutes 2014, or s. 259.105(3)(h) have had historic
  855  transportation uses and that their linear character may extend
  856  many miles, the Legislature intends that if the necessity arises
  857  to serve public needs, after balancing the need to protect trail
  858  users from collisions with automobiles and a preference for the
  859  use of overpasses and underpasses to the greatest extent
  860  feasible and practical, transportation uses shall be allowed to
  861  cross recreational trails purchased pursuant to former s.
  862  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
  863  these crossings are needed, the location and design should
  864  consider and mitigate the impact on humans and environmental
  865  resources, and the value of the land shall be paid based on fair
  866  market value.
  867         (4) A No management agreement, lease, or other instrument
  868  authorizing the use of lands owned by the board of trustees may
  869  not of the Internal Improvement Trust Fund shall be executed for
  870  a period greater than is necessary to provide for the reasonable
  871  use of the land for the existing or planned life cycle or
  872  amortization of the improvements, except that an easement in
  873  perpetuity may be granted by the board of trustees of the
  874  Internal Improvement Trust Fund if the improvement is a
  875  transportation facility. If an entity managing or leasing state
  876  owned lands from the board of trustees does not meet the short
  877  term goals under paragraph (5)(b) for conservation lands, the
  878  Department of Environmental Protection may submit the lands to
  879  the Acquisition and Restoration Council to review whether the
  880  short-term goals should be modified, consider whether the lands
  881  should be offered to another entity for management or leasing,
  882  or recommend to the board of trustees whether to surplus the
  883  lands. If an entity managing or leasing state-owned lands from
  884  the board of trustees does not meet the short-term goals under
  885  paragraph (5)(i) for nonconservation lands, the department may
  886  submit the lands to the board of trustees to consider whether to
  887  require the managing or leasing entity to release its interest
  888  in the lands and to consider whether to surplus the lands. If
  889  the state-owned lands are determined to be surplus, the board of
  890  trustees may require an entity to release its interest in the
  891  lands. An entity managing or leasing state-owned lands from the
  892  board of trustees may not sublease such lands without prior
  893  review by the Division of State Lands and, for conservation
  894  lands, by the Acquisition and Restoration Council created in s.
  895  259.035. All management agreements, leases, or other instruments
  896  authorizing the use of lands owned by the board of trustees
  897  shall be reviewed for approval by the board of trustees or its
  898  designee. The council is not required to review subleases of
  899  parcels which are less than 160 acres in size.
  900         (5) Each manager of conservation lands shall submit to the
  901  Division of State Lands a land management plan at least every 10
  902  years in a form and manner adopted prescribed by rule of by the
  903  board of trustees and in accordance with the provisions of s.
  904  259.032. Each manager of conservation lands shall also update a
  905  land management plan whenever the manager proposes to add new
  906  facilities or make substantive land use or management changes
  907  that were not addressed in the approved plan, or within 1 year
  908  after of the addition of significant new lands. Each manager of
  909  nonconservation lands shall submit to the Division of State
  910  Lands a land use plan at least every 10 years in a form and
  911  manner adopted prescribed by rule of by the board of trustees.
  912  The division shall review each plan for compliance with the
  913  requirements of this subsection and the requirements of the
  914  rules adopted established by the board of trustees pursuant to
  915  this section. All nonconservation land use plans, whether for
  916  single-use or multiple-use properties, shall be managed to
  917  provide the greatest benefit to the state include an analysis of
  918  the property to determine if any significant natural or cultural
  919  resources are located on the property. Such resources include
  920  archaeological and historic sites, state and federally listed
  921  plant and animal species, and imperiled natural communities and
  922  unique natural features. If such resources occur on the
  923  property, the manager shall consult with the Division of State
  924  Lands and other appropriate agencies to develop management
  925  strategies to protect such resources. Land use plans shall also
  926  provide for the control of invasive nonnative plants and
  927  conservation of soil and water resources, including a
  928  description of how the manager plans to control and prevent soil
  929  erosion and soil or water contamination. Land use plans
  930  submitted by a manager shall include reference to appropriate
  931  statutory authority for such use or uses and shall conform to
  932  the appropriate policies and guidelines of the state land
  933  management plan. Plans for managed areas larger than 1,000 acres
  934  shall contain an analysis of the multiple-use potential of the
  935  property, which includes analysis shall include the potential of
  936  the property to generate revenues to enhance the management of
  937  the property. In addition Additionally, the plan shall contain
  938  an analysis of the potential use of private land managers to
  939  facilitate the restoration or management of these lands. If In
  940  those cases where a newly acquired property has a valid
  941  conservation plan that was developed by a soil and conservation
  942  district, such plan shall be used to guide management of the
  943  property until a formal land use plan is completed.
  944         (a) State conservation lands shall be managed to ensure the
  945  conservation of the state’s plant and animal species and to
  946  ensure the accessibility of state lands for the benefit and
  947  enjoyment of all people of the state, both present and future.
  948  Each land management plan for state conservation lands shall
  949  provide a desired outcome, describe both short-term and long
  950  term management goals, and include measurable objectives to
  951  achieve those goals. Short-term goals shall be achievable within
  952  a 2-year planning period, and long-term goals shall be
  953  achievable within a 10-year planning period. These short-term
  954  and long-term management goals shall be the basis for all
  955  subsequent land management activities.
  956         (b) Short-term and long-term management goals for state
  957  conservation lands shall include measurable objectives for the
  958  following, as appropriate:
  959         1. Habitat restoration and improvement.
  960         2. Public access and recreational opportunities.
  961         3. Hydrological preservation and restoration.
  962         4. Sustainable forest management.
  963         5. Exotic and invasive species maintenance and control.
  964         6. Capital facilities and infrastructure.
  965         7. Cultural and historical resources.
  966         8. Imperiled species habitat maintenance, enhancement,
  967  restoration, or population restoration.
  968         (c) The land management plan shall, at a minimum, contain
  969  the following elements:
  970         1. A physical description of the land.
  971         2. A quantitative data description of the land which
  972  includes an inventory of forest and other natural resources;
  973  exotic and invasive plants; hydrological features;
  974  infrastructure, including recreational facilities; and other
  975  significant land, cultural, or historical features. The
  976  inventory shall reflect the number of acres for each resource
  977  and feature, when appropriate. The inventory shall be of such
  978  detail that objective measures and benchmarks can be established
  979  for each tract of land and monitored during the lifetime of the
  980  plan. All quantitative data collected shall be aggregated,
  981  standardized, collected, and presented in an electronic format
  982  to allow for uniform management reporting and analysis. The
  983  information collected by the Department of Environmental
  984  Protection pursuant to s. 253.0325(2) shall be available to the
  985  land manager and his or her assignee.
  986         3. A detailed description of each short-term and long-term
  987  land management goal, the associated measurable objectives, and
  988  the related activities that are to be performed to meet the land
  989  management objectives. Each land management objective must be
  990  addressed by the land management plan, and if where practicable,
  991  a no land management objective may not shall be performed to the
  992  detriment of the other land management objectives.
  993         4. A schedule of land management activities which contains
  994  short-term and long-term land management goals and the related
  995  measurable objective and activities. The schedule shall include
  996  for each activity a timeline for completion, quantitative
  997  measures, and detailed expense and manpower budgets. The
  998  schedule shall provide a management tool that facilitates
  999  development of performance measures.
 1000         5. A summary budget for the scheduled land management
 1001  activities of the land management plan. For state lands
 1002  containing or anticipated to contain imperiled species habitat,
 1003  the summary budget shall include any fees anticipated from
 1004  public or private entities for projects to offset adverse
 1005  impacts to imperiled species or such habitat, which fees shall
 1006  be used solely to restore, manage, enhance, repopulate, or
 1007  acquire imperiled species habitat. The summary budget shall be
 1008  prepared in such manner that it facilitates computing an
 1009  aggregate of land management costs for all state-managed lands
 1010  using the categories described in s. 259.037(3).
 1011         (d) Upon completion, the land management plan must will be
 1012  transmitted to the Acquisition and Restoration Council for
 1013  review. The Acquisition and Restoration council shall have 90
 1014  days after receipt of the plan to review the plan and submit its
 1015  recommendations to the board of trustees. During the review
 1016  period, the land management plan may be revised if agreed to by
 1017  the primary land manager and the Acquisition and Restoration
 1018  council taking into consideration public input. If the
 1019  Acquisition and Restoration Council fails to make a
 1020  recommendation for a land management plan, the secretary of the
 1021  Department of Environmental Protection, Commissioner of
 1022  Agriculture, or Executive Director of the Fish and Wildlife
 1023  Conservation Commission or their designees shall submit the land
 1024  management plan to the board of trustees. The land management
 1025  plan becomes effective upon approval by the board of trustees.
 1026         (e) Land management plans are to be updated every 10 years
 1027  on a rotating basis. Each updated land management plan must
 1028  identify any conservation lands under the plan, in part or in
 1029  whole, that are no longer needed for conservation purposes and
 1030  could be disposed of in fee simple or with the state retaining a
 1031  permanent conservation easement.
 1032         (f) In developing land management plans, at least one
 1033  public hearing shall be held in any one affected county.
 1034         (g) The Division of State Lands shall make available to the
 1035  public an electronic copy of each land management plan for
 1036  parcels that exceed 160 acres in size. The division of State
 1037  Lands shall review each plan for compliance with the
 1038  requirements of this subsection, the requirements of chapter
 1039  259, and the requirements of the rules adopted established by
 1040  the board of trustees pursuant to this section. The Acquisition
 1041  and Restoration Council shall also consider the propriety of the
 1042  recommendations of the managing entity with regard to the future
 1043  use of the property, the protection of fragile or nonrenewable
 1044  resources, the potential for alternative or multiple uses not
 1045  recognized by the managing entity, and the possibility of
 1046  disposal of the property by the board of trustees. After its
 1047  review, the council shall submit the plan, along with its
 1048  recommendations and comments, to the board of trustees. The
 1049  council shall specifically recommend to the board of trustees
 1050  whether to approve the plan as submitted, approve the plan with
 1051  modifications, or reject the plan. If the Acquisition and
 1052  Restoration council fails to make a recommendation for a land
 1053  management plan, the Secretary of the Department of
 1054  Environmental Protection, Commissioner of Agriculture, or
 1055  executive director of the Fish and Wildlife Conservation
 1056  Commission or their designees shall submit the land management
 1057  plan to the board of trustees.
 1058         (h) The board of trustees of the Internal Improvement Trust
 1059  Fund shall consider the land management plan submitted by each
 1060  entity and the recommendations of the Acquisition and
 1061  Restoration Council and the Division of State Lands and shall
 1062  approve the plan with or without modification or reject such
 1063  plan. The use or possession of any such lands that is not in
 1064  accordance with an approved land management plan is subject to
 1065  termination by the board of trustees.
 1066         (i)1.State nonconservation lands shall be managed to
 1067  provide the greatest benefit to the state. State nonconservation
 1068  lands may be grouped by similar land use types under one land
 1069  use plan. Each land use plan shall, at a minimum, contain the
 1070  following elements:
 1071         a.A physical description of the land to include any
 1072  significant natural or cultural resources as well as management
 1073  strategies developed by the land manager to protect such
 1074  resources.
 1075         b.A desired development outcome.
 1076         c.A schedule for achieving the desired development
 1077  outcome.
 1078         d.A description of both short-term and long-term
 1079  development goals.
 1080         e.A management and control plan for invasive nonnative
 1081  plants.
 1082         f.A management and control plan for soil erosion and soil
 1083  and water contamination.
 1084         g.Measureable objectives to achieve the goals identified
 1085  in the land use plan.
 1086         2.Short-term goals shall be achievable within a 5-year
 1087  planning period and long-term goals shall be achievable within a
 1088  10-year planning period.
 1089         3.The use or possession of any such lands that is not in
 1090  accordance with an approved land use plan is subject to
 1091  termination by the board of trustees.
 1092         4.Land use plans submitted by a manager shall include
 1093  reference to appropriate statutory authority for such use or
 1094  uses and shall conform to the appropriate policies and
 1095  guidelines of the state land management plan.
 1096         (6)The Board of Trustees of the Internal Improvement Trust
 1097  Fund shall determine which lands, the title to which is vested
 1098  in the board, may be surplused. For conservation lands, the
 1099  board shall determine whether the lands are no longer needed for
 1100  conservation purposes and may dispose of them by an affirmative
 1101  vote of at least three members. In the case of a land exchange
 1102  involving the disposition of conservation lands, the board must
 1103  determine by an affirmative vote of at least three members that
 1104  the exchange will result in a net positive conservation benefit.
 1105  For all other lands, the board shall determine whether the lands
 1106  are no longer needed and may dispose of them by an affirmative
 1107  vote of at least three members.
 1108         (a)For the purposes of this subsection, all lands acquired
 1109  by the state before July 1, 1999, using proceeds from
 1110  Preservation 2000 bonds, the former Conservation and Recreation
 1111  Lands Trust Fund, the former Water Management Lands Trust Fund,
 1112  Environmentally Endangered Lands Program, and the Save Our Coast
 1113  Program and titled to the board which are identified as core
 1114  parcels or within original project boundaries are deemed to have
 1115  been acquired for conservation purposes.
 1116         (b)For any lands purchased by the state on or after July
 1117  1, 1999, before acquisition, the board must determine which
 1118  parcels must be designated as having been acquired for
 1119  conservation purposes. Lands acquired for use by the Department
 1120  of Corrections, the Department of Management Services for use as
 1121  state offices, the Department of Transportation, except those
 1122  specifically managed for conservation or recreation purposes, or
 1123  the State University System or the Florida College System may
 1124  not be designated as having been purchased for conservation
 1125  purposes.
 1126         (c)At least every 10 years, as a component of each land
 1127  management plan or land use plan and in a form and manner
 1128  prescribed by rule by the board, each manager shall evaluate and
 1129  indicate to the board those lands that are not being used for
 1130  the purpose for which they were originally leased. For
 1131  conservation lands, the council shall review and recommend to
 1132  the board whether such lands should be retained in public
 1133  ownership or disposed of by the board. For nonconservation
 1134  lands, the division shall review such lands and recommend to the
 1135  board whether such lands should be retained in public ownership
 1136  or disposed of by the board.
 1137         (d)Lands owned by the board which are not actively managed
 1138  by any state agency or for which a land management plan has not
 1139  been completed pursuant to subsection (5) must be reviewed by
 1140  the council or its successor for its recommendation as to
 1141  whether such lands should be disposed of by the board.
 1142         (e)Before any decision by the board to surplus lands, the
 1143  Acquisition and Restoration Council shall review and make
 1144  recommendations to the board concerning the request for
 1145  surplusing. The council shall determine whether the request for
 1146  surplusing is compatible with the resource values of and
 1147  management objectives for such lands.
 1148         (f)In reviewing lands owned by the board, the council
 1149  shall consider whether such lands would be more appropriately
 1150  owned or managed by the county or other unit of local government
 1151  in which the land is located. The council shall recommend to the
 1152  board whether a sale, lease, or other conveyance to a local
 1153  government would be in the best interests of the state and local
 1154  government. The provisions of this paragraph in no way limit the
 1155  provisions of ss. 253.111 and 253.115. Such lands shall be
 1156  offered to the state, county, or local government for a period
 1157  of 45 days. Permittable uses for such surplus lands may include
 1158  public schools; public libraries; fire or law enforcement
 1159  substations; governmental, judicial, or recreational centers;
 1160  and affordable housing meeting the criteria of s. 420.0004(3).
 1161  County or local government requests for surplus lands shall be
 1162  expedited throughout the surplusing process. If the county or
 1163  local government does not elect to purchase such lands in
 1164  accordance with s. 253.111, any surplusing determination
 1165  involving other governmental agencies shall be made when the
 1166  board decides the best public use of the lands. Surplus
 1167  properties in which governmental agencies have expressed no
 1168  interest must then be available for sale on the private market.
 1169         (g)The sale price of lands determined to be surplus
 1170  pursuant to this subsection and s. 253.82 shall be determined by
 1171  the division, which shall consider an appraisal of the property,
 1172  or, if the estimated value of the land is $500,000 or less, a
 1173  comparable sales analysis or a broker’s opinion of value. The
 1174  division may require a second appraisal. The individual or
 1175  entity that requests to purchase the surplus parcel shall pay
 1176  all costs associated with determining the property’s value, if
 1177  any.
 1178         1.A written valuation of land determined to be surplus
 1179  pursuant to this subsection and s. 253.82, and related documents
 1180  used to form the valuation or which pertain to the valuation,
 1181  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1182  I of the State Constitution.
 1183         a.The exemption expires 2 weeks before the contract or
 1184  agreement regarding the purchase, exchange, or disposal of the
 1185  surplus land is first considered for approval by the board.
 1186         b.Before expiration of the exemption, the division may
 1187  disclose confidential and exempt appraisals, valuations, or
 1188  valuation information regarding surplus land:
 1189         (I)During negotiations for the sale or exchange of the
 1190  land.
 1191         (II)During the marketing effort or bidding process
 1192  associated with the sale, disposal, or exchange of the land to
 1193  facilitate closure of such effort or process.
 1194         (III)When the passage of time has made the conclusions of
 1195  value invalid.
 1196         (IV)When negotiations or marketing efforts concerning the
 1197  land are concluded.
 1198         2.A unit of government that acquires title to lands
 1199  hereunder for less than appraised value may not sell or transfer
 1200  title to all or any portion of the lands to any private owner
 1201  for 10 years. Any unit of government seeking to transfer or sell
 1202  lands pursuant to this paragraph must first allow the board of
 1203  trustees to reacquire such lands for the price at which the
 1204  board sold such lands.
 1205         (h)Parcels with a market value over $500,000 must be
 1206  initially offered for sale by competitive bid. The division may
 1207  use agents, as authorized by s. 253.431, for this process. Any
 1208  parcels unsuccessfully offered for sale by competitive bid, and
 1209  parcels with a market value of $500,000 or less, may be sold by
 1210  any reasonable means, including procuring real estate services,
 1211  open or exclusive listings, competitive bid, auction, negotiated
 1212  direct sales, or other appropriate services, to facilitate the
 1213  sale.
 1214         (i)After reviewing the recommendations of the council, the
 1215  board shall determine whether lands identified for surplus are
 1216  to be held for other public purposes or are no longer needed.
 1217  The board may require an agency to release its interest in such
 1218  lands. A state agency, county, or local government that has
 1219  requested the use of a property that was to be declared as
 1220  surplus must secure the property under lease within 90 days
 1221  after being notified that it may use such property.
 1222         (j)Requests for surplusing may be made by any public or
 1223  private entity or person. All requests shall be submitted to the
 1224  lead managing agency for review and recommendation to the
 1225  council or its successor. Lead managing agencies have 90 days to
 1226  review such requests and make recommendations. Any surplusing
 1227  requests that have not been acted upon within the 90-day time
 1228  period shall be immediately scheduled for hearing at the next
 1229  regularly scheduled meeting of the council or its successor.
 1230  Requests for surplusing pursuant to this paragraph are not
 1231  required to be offered to local or state governments as provided
 1232  in paragraph (f).
 1233         (k)Proceeds from the sale of surplus conservation lands
 1234  purchased before July 1, 2015, shall be deposited into the
 1235  Florida Forever Trust Fund.
 1236         (l)Proceeds from the sale of surplus conservation lands
 1237  purchased on or after July 1, 2015, shall be deposited into the
 1238  Land Acquisition Trust Fund, except when such lands were
 1239  purchased with funds other than those from the Land Acquisition
 1240  Trust Fund or a land acquisition trust fund created to implement
 1241  s. 28, Art. X of the State Constitution, the proceeds shall be
 1242  deposited into the fund from which the lands were purchased.
 1243         (m)Funds received from the sale of surplus nonconservation
 1244  lands or lands that were acquired by gift, by donation, or for
 1245  no consideration shall be deposited into the Internal
 1246  Improvement Trust Fund.
 1247         (n)Notwithstanding this subsection, such disposition of
 1248  land may not be made if it would have the effect of causing all
 1249  or any portion of the interest on any revenue bonds issued to
 1250  lose the exclusion from gross income for federal income tax
 1251  purposes.
 1252         (o)The sale of filled, formerly submerged land that does
 1253  not exceed 5 acres in area is not subject to review by the
 1254  council or its successor.
 1255         (p)The board may adopt rules to administer this section
 1256  which may include procedures for administering surplus land
 1257  requests and criteria for when the division may approve requests
 1258  to surplus nonconservation lands on behalf of the board.
 1259         (6)(7) This section does shall not be construed so as to
 1260  affect:
 1261         (a) Other provisions of this chapter relating to oil, gas,
 1262  or mineral resources.
 1263         (b) The exclusive use of state-owned land subject to a
 1264  lease by the board of trustees of the Internal Improvement Trust
 1265  Fund of state-owned land for private uses and purposes.
 1266         (c) Sovereignty lands not leased for private uses and
 1267  purposes.
 1268         (7)(8)(a) The Legislature recognizes the value of the
 1269  state’s conservation lands as water recharge areas and air
 1270  filters.
 1271         (b) If state-owned lands are subject to annexation
 1272  procedures, the Division of State Lands must notify the county
 1273  legislative delegation of the county in which the land is
 1274  located.
 1275         (8)(9) Land management plans required to be submitted by
 1276  the Department of Corrections, the Department of Juvenile
 1277  Justice, the Department of Children and Families, or the
 1278  Department of Education are not subject to the provisions for
 1279  review by the Acquisition and Restoration Council or its
 1280  successor described in subsection (5). Management plans filed by
 1281  these agencies shall be made available to the public for a
 1282  period of 90 days at the administrative offices of the parcel or
 1283  project affected by the management plan and at the Tallahassee
 1284  offices of each agency. Any plans not objected to during the
 1285  public comment period shall be deemed approved. Any plans for
 1286  which an objection is filed shall be submitted to the board of
 1287  trustees of the Internal Improvement Trust Fund for
 1288  consideration. The board of trustees of the Internal Improvement
 1289  Trust Fund shall approve the plan with or without modification,
 1290  or reject the plan. The use or possession of any such lands
 1291  which is not in accordance with an approved land management plan
 1292  is subject to termination by the board of trustees.
 1293         (9)(10) The following additional uses of conservation lands
 1294  acquired pursuant to the Florida Forever program and other
 1295  state-funded conservation land purchase programs shall be
 1296  authorized, upon a finding by the board of trustees, if they
 1297  meet the criteria specified in paragraphs (a)-(e): water
 1298  resource development projects, water supply development
 1299  projects, stormwater management projects, linear facilities, and
 1300  sustainable agriculture and forestry. Such additional uses are
 1301  authorized if where:
 1302         (a) The use is not inconsistent with the management plan
 1303  for such lands;
 1304         (b) The use is compatible with the natural ecosystem and
 1305  resource values of such lands;
 1306         (c) The proposed use is appropriately located on such lands
 1307  and if where due consideration is given to the use of other
 1308  available lands;
 1309         (d) The using entity reasonably compensates the titleholder
 1310  for such use based upon an appropriate measure of value; and
 1311         (e) The use is consistent with the public interest.
 1312  
 1313  A decision by the board of trustees pursuant to this section
 1314  shall be given a presumption of correctness. Moneys received
 1315  from the use of state lands pursuant to this section shall be
 1316  returned to the lead managing entity in accordance with s.
 1317  259.032(9)(c).
 1318         (10)(11) Lands listed as projects for acquisition may be
 1319  managed for conservation pursuant to s. 259.032, on an interim
 1320  basis by a private party in anticipation of a state purchase in
 1321  accordance with a contractual arrangement between the acquiring
 1322  agency and the private party that may include management service
 1323  contracts, leases, cost-share arrangements or resource
 1324  conservation agreements. Lands designated as eligible under this
 1325  subsection shall be managed to maintain or enhance the resources
 1326  the state is seeking to protect by acquiring the land. Funding
 1327  for these contractual arrangements may originate from the
 1328  documentary stamp tax revenue deposited into the Land
 1329  Acquisition Trust Fund. No more than $6.2 million may be
 1330  expended from the Land Acquisition Trust Fund for this purpose.
 1331         (11)(12) Any lands available to governmental employees,
 1332  including water management district employees, for hunting or
 1333  other recreational purposes shall also be made available to the
 1334  general public for such purposes.
 1335         (13)Before a building or parcel of land is offered for
 1336  lease or sale to a local or federal unit of government or a
 1337  private party, it shall first be offered for lease to state
 1338  agencies, state universities, and Florida College System
 1339  institutions, with priority consideration given to state
 1340  universities and Florida College System institutions. Within 60
 1341  days after the offer for lease of a surplus building or parcel,
 1342  a state university or Florida College System institution that
 1343  requests the lease must submit a plan for review and approval by
 1344  the Board of Trustees of the Internal Improvement Trust Fund
 1345  regarding the intended use, including future use, of the
 1346  building or parcel of land before approval of a lease. Within 60
 1347  days after the offer for lease of a surplus building or parcel,
 1348  a state agency that requests the lease of such facility or
 1349  parcel must submit a plan for review and approval by the board
 1350  of trustees regarding the intended use. The state agency plan
 1351  must, at a minimum, include the proposed use of the facility or
 1352  parcel, the estimated cost of renovation, a capital improvement
 1353  plan for the building, evidence that the building or parcel
 1354  meets an existing need that cannot otherwise be met, and other
 1355  criteria developed by rule by the board of trustees. The board
 1356  or its designee shall compare the estimated value of the
 1357  building or parcel to any submitted business plan to determine
 1358  if the lease or sale is in the best interest of the state. The
 1359  board of trustees shall adopt rules pursuant to chapter 120 for
 1360  the implementation of this section.
 1361         Section 6. Section 253.0341, Florida Statutes, is amended
 1362  to read:
 1363         253.0341 Surplus of state-owned lands to counties or local
 1364  governments.—Counties and local governments may submit
 1365  surplusing requests for state-owned lands directly to the board
 1366  of trustees. County or local government requests for the state
 1367  to surplus conservation or nonconservation lands, whether for
 1368  purchase or exchange, shall be expedited throughout the
 1369  surplusing process. Property jointly acquired by the state and
 1370  other entities shall not be surplused without the consent of all
 1371  joint owners.
 1372         (1) The board of trustees shall determine which lands, the
 1373  title to which is vested in the board, may be surplused. For all
 1374  conservation lands, the Acquisition and Restoration Council
 1375  shall make a recommendation to the board of trustees, and the
 1376  board of trustees shall determine whether the lands are no
 1377  longer needed for conservation purposes. If the board of
 1378  trustees determines the lands are no longer needed for
 1379  conservation purposes, it may dispose of such lands by an
 1380  affirmative vote of at least three members. In the case of a
 1381  land exchange involving the disposition of conservation lands,
 1382  the board of trustees must determine by an affirmative vote of
 1383  at least three members that the exchange will result in a net
 1384  positive conservation benefit. For all nonconservation lands,
 1385  the board of trustees shall determine whether the lands are no
 1386  longer needed. If the board of trustees determines the lands are
 1387  no longer needed, it may dispose of such lands by an affirmative
 1388  vote of at least three members. Local government requests for
 1389  the state to surplus conservation or nonconservation lands,
 1390  whether for purchase or exchange, shall be expedited throughout
 1391  the surplusing process. Property jointly acquired by the state
 1392  and other entities may not be surplused without the consent of
 1393  all joint owners The decision to surplus state-owned
 1394  nonconservation lands may be made by the board without a review
 1395  of, or a recommendation on, the request from the Acquisition and
 1396  Restoration Council or the Division of State Lands. Such
 1397  requests for nonconservation lands shall be considered by the
 1398  board within 60 days of the board’s receipt of the request.
 1399         (2) For purposes of this section, all lands acquired by the
 1400  state before July 1, 1999, using proceeds from Preservation 2000
 1401  bonds, the former Conservation and Recreation Lands Trust Fund,
 1402  the former Water Management Lands Trust Fund, Environmentally
 1403  Endangered Lands Program, and the Save Our Coast Program and
 1404  titled to the board of trustees which are identified as core
 1405  parcels or within original project boundaries are deemed to have
 1406  been acquired for conservation purposes County or local
 1407  government requests for the surplusing of state-owned
 1408  conservation lands are subject to review of, and recommendation
 1409  on, the request to the board by the Acquisition and Restoration
 1410  Council. Requests to surplus conservation lands shall be
 1411  considered by the board within 120 days of the board’s receipt
 1412  of the request.
 1413         (3) For any lands purchased by the state on or after July
 1414  1, 1999, before acquisition, the board of trustees must
 1415  determine which parcels must be designated as having been
 1416  acquired for conservation purposes. Lands acquired for use by
 1417  the Department of Corrections; the Department of Management
 1418  Services for use as state offices; the Department of
 1419  Transportation, except those lands specifically managed for
 1420  conservation or recreation purposes; the State University
 1421  System; or the Florida College System may not be designated as
 1422  having been acquired for conservation purposes A local
 1423  government may request that state lands be specifically declared
 1424  surplus lands for the purpose of providing alternative water
 1425  supply and water resource development projects as defined in s.
 1426  373.019, public facilities such as schools, fire and police
 1427  facilities, and affordable housing. The request shall comply
 1428  with the requirements of subsection (1) if the lands are
 1429  nonconservation lands or subsection (2) if the lands are
 1430  conservation lands. Surplus lands that are conveyed to a local
 1431  government for affordable housing shall be disposed of by the
 1432  local government under the provisions of s. 125.379 or s.
 1433  166.0451.
 1434         (4) At least every 10 years, as a component of each land
 1435  management plan or land use plan and in a form and manner
 1436  adopted by rule of the board of trustees, each manager shall
 1437  evaluate and indicate to the board of trustees those lands that
 1438  are not being used for the purpose for which they were
 1439  originally leased. For conservation lands, the Acquisition and
 1440  Restoration Council shall review and recommend to the board of
 1441  trustees whether such lands should be retained in public
 1442  ownership or disposed of by the board of trustees. For
 1443  nonconservation lands, the Division of State Lands shall review
 1444  and recommend to the board of trustees whether such lands should
 1445  be retained in public ownership or disposed of by the board of
 1446  trustees Notwithstanding the requirements of this section and
 1447  the requirements of s. 253.034 which provides a surplus process
 1448  for the disposal of state lands, the board shall convey to
 1449  Miami-Dade County title to the property on which the Graham
 1450  Building, which houses the offices of the Miami-Dade State
 1451  Attorney, is located. By January 1, 2008, the board shall convey
 1452  fee simple title to the property to Miami-Dade County for a
 1453  consideration of one dollar. The deed conveying title to Miami
 1454  Dade County must contain restrictions that limit the use of the
 1455  property for the purpose of providing workforce housing as
 1456  defined in s. 420.5095, and to house the offices of the Miami
 1457  Dade State Attorney. Employees of the Miami-Dade State Attorney
 1458  and the Miami-Dade Public Defender who apply for and meet the
 1459  income qualifications for workforce housing shall receive
 1460  preference over other qualified applicants.
 1461         (5)Conservation lands owned by the board of trustees which
 1462  are not actively managed by any state agency or for which a land
 1463  management plan has not been completed pursuant to s. 253.034(5)
 1464  must be reviewed by the Acquisition and Restoration Council for
 1465  its recommendation as to whether such lands should be disposed
 1466  of by the board of trustees.
 1467         (6)Before any decision by the board of trustees to surplus
 1468  conservation lands, the Acquisition and Restoration Council
 1469  shall review and make recommendations to the board of trustees
 1470  concerning the request for surplusing. The council shall
 1471  determine whether the request for surplusing is compatible with
 1472  the resource values of and management objectives for such lands.
 1473         (7)Before a facility or parcel of nonconservation land is
 1474  offered for lease to a local or federal unit of government,
 1475  state university, Florida College System institution, or private
 1476  party, it shall first be offered for lease to state agencies.
 1477  Within 45 days after the offer for lease of a facility or
 1478  parcel, a state agency that requests the lease must submit a
 1479  plan to the board of trustees that includes a description of the
 1480  proposed use, including future use, of the facility or parcel.
 1481  The board of trustees must review and approve the plan before
 1482  approving the lease. The state agency plan must, at a minimum,
 1483  include the proposed use of the facility or parcel, the
 1484  estimated cost of renovation, a capital improvement plan for the
 1485  building, evidence that the facility or parcel meets an existing
 1486  need that cannot otherwise be met, and other criteria adopted by
 1487  rule of the board of trustees. The board of trustees or its
 1488  designee shall compare the estimated value of the facility or
 1489  parcel to any submitted business plan to determine if the lease
 1490  or sale is in the best interest of the state. The board of
 1491  trustees shall adopt rules pursuant to chapter 120 to implement
 1492  this section. A state agency that has requested the use of a
 1493  facility or parcel must secure the facility or parcel with a
 1494  fully executed lease within 90 days after being notified that it
 1495  may use such facility or parcel or the request is voidable.
 1496         (8)The sale price of lands determined to be surplus
 1497  pursuant to this section and s. 253.82 shall be determined by
 1498  the Division of State Lands, which shall consider an appraisal
 1499  of the property or, if the estimated value of the land is
 1500  $500,000 or less, a comparable sales analysis or a broker’s
 1501  opinion of value. The division may require a second appraisal.
 1502  The individual or entity that requests to purchase the surplus
 1503  parcel shall pay all costs associated with determining the
 1504  property’s value, if any.
 1505         (a)A written valuation of land determined to be surplus
 1506  pursuant to this section and s. 253.82, and related documents
 1507  used to form the valuation or which pertain to the valuation,
 1508  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1509  I of the State Constitution.
 1510         1.The exemption expires 2 weeks before the contract or
 1511  agreement regarding the purchase, exchange, or disposal of the
 1512  surplus land is first considered for approval by the board of
 1513  trustees.
 1514         2.Before expiration of the exemption, the Division of
 1515  State Lands may disclose confidential and exempt appraisals,
 1516  valuations, or valuation information regarding surplus land:
 1517         a.During negotiations for the sale or exchange of the
 1518  land;
 1519         b.During the marketing effort or bidding process
 1520  associated with the sale, disposal, or exchange of the land to
 1521  facilitate closure of such effort or process;
 1522         c.When the passage of time has made the conclusions of
 1523  value invalid; or
 1524         d.When negotiations or marketing efforts concerning the
 1525  land are concluded.
 1526         (b)A unit of government that acquires title to lands
 1527  pursuant to this section for less than appraised value may not
 1528  sell or transfer title to all or any portion of the lands to any
 1529  private owner for 10 years. A unit of government seeking to
 1530  transfer or sell lands pursuant to this paragraph must first
 1531  allow the board of trustees to reacquire such lands for the
 1532  price at which the board of trustees sold such lands.
 1533         (9)Parcels with a market value over $500,000 must be
 1534  initially offered for sale by competitive bid. Any parcels
 1535  unsuccessfully offered for sale by competitive bid, and parcels
 1536  with a market value of $500,000 or less, may be sold by any
 1537  reasonable means, including procuring real estate services, open
 1538  or exclusive listings, competitive bid, auction, negotiated
 1539  direct sales, or other appropriate services, to facilitate the
 1540  sale.
 1541         (10)After reviewing the recommendations of the Acquisition
 1542  and Restoration Council, the board of trustees shall determine
 1543  whether conservation lands identified for surplus should be held
 1544  for other public purposes or are no longer needed. The board of
 1545  trustees may require an agency to release its interest in such
 1546  lands. An entity approved to use conservation lands by the board
 1547  of trustees must secure the property under a fully executed
 1548  lease within 90 days after being notified that it may use such
 1549  property or the request is voidable.
 1550         (11)Requests to surplus lands may be made by any public or
 1551  private entity or person and shall be determined by the board of
 1552  trustees. All requests to surplus conservation lands shall be
 1553  submitted to the lead managing agency for review and
 1554  recommendation to the Acquisition and Restoration Council, and
 1555  all requests to surplus nonconservation lands shall be submitted
 1556  to the Division of State Lands for review and recommendation to
 1557  the board of trustees. The lead managing agencies shall review
 1558  such requests and make recommendations to the council within 90
 1559  days after receipt of the requests. Any requests to surplus
 1560  conservation lands that are not acted upon within the 90-day
 1561  period shall be immediately scheduled for hearing at the next
 1562  regularly scheduled meeting of the council. Requests to surplus
 1563  lands shall be considered by the board of trustees within 60
 1564  days after receipt of the requests from the council or division.
 1565  Requests to surplus lands pursuant to this subsection are not
 1566  required to be offered to state agencies as provided in
 1567  subsection (7).
 1568         (12)Proceeds from the sale of surplus conservation lands
 1569  purchased before July 1, 2015, shall be deposited into the
 1570  Florida Forever Trust Fund.
 1571         (13)Proceeds from the sale of surplus conservation lands
 1572  purchased on or after July 1, 2015, shall be deposited into the
 1573  Land Acquisition Trust Fund, except when such lands were
 1574  purchased with funds other than those from the Land Acquisition
 1575  Trust Fund or a land acquisition trust fund created to implement
 1576  s. 28, Art. X of the State Constitution, the proceeds shall be
 1577  deposited into the fund from which the lands were purchased.
 1578         (14)Funds received from the sale of surplus
 1579  nonconservation lands or lands that were acquired by gift, by
 1580  donation, or for no consideration shall be deposited into the
 1581  Internal Improvement Trust Fund.
 1582         (15)Notwithstanding this section, such disposition of land
 1583  may not be made if it would have the effect of causing all or
 1584  any portion of the interest on any revenue bonds issued to lose
 1585  the exclusion from gross income for federal income tax purposes.
 1586         (16)The sale of filled, formerly submerged land that does
 1587  not exceed 5 acres in area is not subject to review by the
 1588  Acquisition and Restoration Council.
 1589         (17)The board of trustees may adopt rules to administer
 1590  this section, including procedures for administering surplus
 1591  land requests and criteria for when the Division of State Lands
 1592  may approve requests to surplus nonconservation lands on behalf
 1593  of the board of trustees.
 1594         (18)Surplus lands that are conveyed to a local government
 1595  for affordable housing shall be disposed of by the local
 1596  government under s. 125.379 or s. 166.0451.
 1597         Section 7. Section 253.111, Florida Statutes, is amended to
 1598  read:
 1599         253.111 Riparian owners of land Notice to board of county
 1600  commissioners before sale.—The Board of Trustees of the Internal
 1601  Improvement Trust Fund of the state may not sell any land to
 1602  which they hold title unless and until they afford an
 1603  opportunity to the county in which such land is situated to
 1604  receive such land on the following terms and conditions:
 1605         (1)If an application is filed with the board requesting
 1606  that they sell certain land to which they hold title and the
 1607  board decides to sell such land or if the board, without such
 1608  application, decides to sell such land, the board shall, before
 1609  consideration of any private offers, notify the board of county
 1610  commissioners of the county in which such land is situated that
 1611  such land is available to such county. Such notification shall
 1612  be given by registered mail, return receipt requested.
 1613         (2)The board of county commissioners of the county in
 1614  which such land is situated shall, within 40 days after receipt
 1615  of such notification from the board, determine by resolution
 1616  whether or not it proposes to acquire such land.
 1617         (3)If the board receives, within 45 days after notice is
 1618  given to the board of county commissioners pursuant to
 1619  subsection (1), the certified copy of the resolution provided
 1620  for in subsection (2), the board shall forthwith convey to the
 1621  county such land at a price that is equal to its appraised
 1622  market value established by generally accepted professional
 1623  standards for real estate appraisal and subject to such other
 1624  terms and conditions as the board determines.
 1625         (4)Nothing in This section restricts any right otherwise
 1626  granted to the board by this chapter to convey land to which
 1627  they hold title to the state or any department, office,
 1628  authority, board, bureau, commission, institution, court,
 1629  tribunal, agency, or other instrumentality of or under the
 1630  state. The word “land” as used in this act means all lands
 1631  vested in the Board of Trustees of the Internal Improvement
 1632  Trust Fund.
 1633         (1)(5) If a any riparian owner exists with respect to any
 1634  land to be sold by the board of trustees, such riparian owner
 1635  shall have a right to secure such land, which right is prior in
 1636  interest to the right in the county created by this section,
 1637  provided that such riparian owner shall be required to pay for
 1638  such land upon such prices, terms, and conditions as determined
 1639  by the board of trustees. Such riparian owner may waive this
 1640  prior right, in which case this section shall apply.
 1641         (2)(6) This section does not apply to:
 1642         (a) Any land exchange approved by the board of trustees;
 1643         (b) The conveyance of any lands located within the
 1644  Everglades Agricultural Area; or
 1645         (c) Lands managed pursuant to ss. 253.781-253.785.
 1646         Section 8. Section 253.42, Florida Statutes, is amended to
 1647  read:
 1648         253.42 Board of trustees may exchange lands.—The provisions
 1649  of This section applies apply to all lands owned by, vested in,
 1650  or titled in the name of the board of trustees whether the lands
 1651  were acquired by the state as a purchase, or through gift,
 1652  donation, or any other conveyance for which no consideration was
 1653  paid.
 1654         (1) The board of trustees may exchange any lands owned by,
 1655  vested in, or titled in its the name of the board for other
 1656  lands in the state owned by counties, local governments,
 1657  individuals, or private or public corporations, and may fix the
 1658  terms and conditions of any such exchange. Any nonconservation
 1659  lands that were acquired by the state through gift, donation, or
 1660  any other conveyance for which no consideration was paid must
 1661  first be offered at no cost to a county or local government
 1662  unless otherwise provided in a deed restriction of record or
 1663  other legal impediment, and so long as the use proposed by the
 1664  county or local government is for a public purpose. For
 1665  conservation lands acquired by the state through gift, donation,
 1666  or any other conveyance for which no consideration was paid, the
 1667  state may request land of equal conservation value from the
 1668  county or local government but no other consideration.
 1669         (2) In exchanging state-owned lands not acquired by the
 1670  state through gift, donation, or any other conveyance for which
 1671  no consideration was paid, with counties or local governments,
 1672  the board of trustees shall require an exchange of equal value.
 1673  Equal value is defined as the conservation benefit of the lands
 1674  being offered for exchange by a county or local government being
 1675  equal or greater in conservation benefit than the state-owned
 1676  lands. Such exchanges may include cash transactions if based on
 1677  an appropriate measure of value of the state-owned land, but
 1678  must also include the determination of a net-positive
 1679  conservation benefit by the Acquisition and Restoration Council,
 1680  irrespective of appraised value.
 1681         (3) The board of trustees shall select and agree upon the
 1682  state lands to be exchanged and the lands to be conveyed to the
 1683  state and shall pay or receive any sum of money the board of
 1684  trustees deems deemed necessary by the board for the purpose of
 1685  equalizing the value of the exchanged property. The board of
 1686  trustees is authorized to make and enter into contracts or
 1687  agreements for such purpose or purposes.
 1688         (4)(a)A person who owns land contiguous to state-owned
 1689  land titled to the board of trustees may submit a request to the
 1690  Division of State Lands to exchange all or a portion of the
 1691  privately owned land for all or a portion of the state-owned
 1692  land, whereby the state retains a permanent conservation
 1693  easement over all or a portion of the exchanged state-owned land
 1694  and a permanent conservation easement over all or a portion of
 1695  the exchanged privately owned land. State-owned land exchanged
 1696  pursuant to this subsection shall be contiguous to the privately
 1697  owned land upon which the state retains a permanent conservation
 1698  easement. If the division elects to proceed with a request, the
 1699  division must submit the request to the Acquisition and
 1700  Restoration Council for review and the council must provide
 1701  recommendations to the division. If the division elects to
 1702  forward a request to the board of trustees, the division must
 1703  provide its recommendations and the recommendations of the
 1704  council to the board. This subsection does not apply to state
 1705  owned sovereign submerged land.
 1706         (b)After receiving a request and the division’s
 1707  recommendations, the board of trustees shall consider such
 1708  request and recommendations and may approve the request if:
 1709         1.At least 30 percent of the perimeter of the privately
 1710  owned land is bordered by state-owned land and the exchange does
 1711  not create an inholding.
 1712         2.The approval does not result in a violation of the terms
 1713  of a preexisting lease or agreement by the board of trustees,
 1714  the Department of Environmental Protection, the Department of
 1715  Agriculture and Consumer Services, or the Fish and Wildlife
 1716  Conservation Commission.
 1717         3.For state-owned land purchased for conservation
 1718  purposes, the board of trustees makes a determination that the
 1719  exchange of land under this subsection will result in a net
 1720  positive conservation benefit.
 1721         4.The approval does not conflict with any existing flowage
 1722  easement.
 1723         5.The request is approved by three or more members of the
 1724  board of trustees.
 1725         (c)Special consideration shall be given to a request that
 1726  maintains public access for any recreational purpose allowed on
 1727  the state-owned land at the time the request is submitted to the
 1728  board of trustees. A person who maintains public access pursuant
 1729  to this paragraph is entitled to the limitation on liability
 1730  provided in s. 375.251.
 1731         (d)Land subject to a permanent conservation easement
 1732  granted pursuant to this subsection is subject to inspection by
 1733  the Department of Environmental Protection to ensure compliance
 1734  with the terms of the permanent conservation easement.
 1735         Section 9. Subsection (2) of section 253.782, Florida
 1736  Statutes, is amended to read:
 1737         253.782 Retention of state-owned lands in and around Lake
 1738  Rousseau and the Cross Florida Barge Canal right-of-way from
 1739  Lake Rousseau west to the Withlacoochee River.—
 1740         (2) The Department of Environmental Protection is
 1741  authorized and directed to retain ownership of and maintain all
 1742  lands or interests in land owned by the Board of Trustees of the
 1743  Internal Improvement Trust Fund, including all fee and less than
 1744  fee less-than-fee interests in lands previously owned by the
 1745  canal authority in Lake Rousseau and the Cross Florida Barge
 1746  Canal right-of-way from Lake Rousseau at U.S. Highway 41 west to
 1747  and including the Withlacoochee River.
 1748         Section 10. Section 253.7821, Florida Statutes, is amended
 1749  to read:
 1750         253.7821 Cross Florida Greenways State Recreation and
 1751  Conservation Area assigned to the Department of Environmental
 1752  Protection Office of the Executive Director.—The Cross Florida
 1753  Greenways State Recreation and Conservation Area is hereby
 1754  established and is initially assigned to the department Office
 1755  of Greenways Management within the Office of the Secretary. The
 1756  department office shall manage the greenways pursuant to the
 1757  department’s existing statutory authority until administrative
 1758  rules are adopted by the department. However, the provisions of
 1759  this act shall control in any conflict between this act and any
 1760  other authority of the department.
 1761         Section 11. Section 253.87, Florida Statutes, is created to
 1762  read:
 1763         253.87Inventory of state, federal, and local government
 1764  conservation lands by the Department of Environmental
 1765  Protection.—
 1766         (1)By July 1, 2018, the department shall include in the
 1767  Florida State-Owned Lands and Records Information System (FL
 1768  SOLARIS) database all federally owned conservation lands in the
 1769  state, all lands on which the Federal Government retains a
 1770  permanent conservation easement in the state, and all lands on
 1771  which the state retains a permanent conservation easement. The
 1772  department shall update the database at least every 5 years.
 1773         (2)By July 1, 2018, for counties and municipalities, and
 1774  by July 1, 2019, for financially disadvantaged small
 1775  communities, as defined in s. 403.1838, and at least every 5
 1776  years thereafter, respectively, each county, municipality, and
 1777  financially disadvantaged small community shall identify all
 1778  conservation lands that it owns in fee simple and all lands on
 1779  which it retains a permanent conservation easement and submit,
 1780  in a manner determined by the department, a list of such lands
 1781  to the department. Within 6 months after receiving such list,
 1782  the department shall add such lands to the FL-SOLARIS database.
 1783         (3)By January 1, 2018, the department shall conduct a
 1784  study and submit a report to the Governor, the President of the
 1785  Senate, and the Speaker of the House of Representatives on the
 1786  technical and economic feasibility of including the following
 1787  lands in the FL-SOLARIS database or a similar public lands
 1788  inventory:
 1789         (a)All lands on which local comprehensive plans, land use
 1790  restrictions, zoning ordinances, or land development regulations
 1791  prohibit the land from being developed or limit the amount of
 1792  development to one unit per 40 or more acres.
 1793         (b)All publicly and privately owned lands for which
 1794  development rights have been transferred.
 1795         (c)All privately owned lands under a permanent
 1796  conservation easement.
 1797         (d)All lands owned by a nonprofit or nongovernmental
 1798  organization for conservation purposes.
 1799         (e)All lands that are part of a mitigation bank.
 1800         Section 12. Section 259.01, Florida Statutes, is amended to
 1801  read:
 1802         259.01 Short title.—This chapter shall be known and may be
 1803  cited as the “Land Conservation Program Act of 1972.”
 1804         Section 13. Section 259.02, Florida Statutes, is repealed.
 1805         Section 14. Subsection (6) of section 259.03, Florida
 1806  Statutes, is amended to read:
 1807         259.03 Definitions.—The following terms and phrases when
 1808  used in this chapter shall have the meanings ascribed to them in
 1809  this section, except where the context clearly indicates a
 1810  different meaning:
 1811         (6) “Water resource development project” means a project
 1812  eligible for funding pursuant to s. 259.105 that increases the
 1813  amount of water available to meet the needs of natural systems
 1814  and the citizens of the state by enhancing or restoring aquifer
 1815  recharge, facilitating the capture and storage of excess flows
 1816  in surface waters, or promoting reuse. The implementation of
 1817  eligible projects under s. 259.105 includes land acquisition,
 1818  land and water body restoration, aquifer storage and recovery
 1819  facilities, surface water reservoirs, and other capital
 1820  improvements within a Florida Forever project boundary. The term
 1821  does not include construction of treatment, transmission, or
 1822  distribution facilities.
 1823         Section 15. Subsections (6), (7), and (8) and paragraphs
 1824  (a) and (d) of section (9) of section 259.032, Florida Statutes,
 1825  are amended to read:
 1826         259.032 Conservation and recreation lands.—
 1827         (6) Conservation and recreation lands are subject to the
 1828  selection procedures of s. 259.035 and related rules and shall
 1829  be acquired in accordance with acquisition procedures for state
 1830  lands provided for in s. 253.025 259.041, except as otherwise
 1831  provided by the Legislature. An inholding or an addition to
 1832  conservation and recreation lands is not subject to the
 1833  selection procedures of s. 259.035 if the estimated value of
 1834  such inholding or addition does not exceed $500,000. When at
 1835  least 90 percent of the acreage of a project has been purchased
 1836  for conservation and recreation purposes, the project may be
 1837  removed from the list and the remaining acreage may continue to
 1838  be purchased. Funds appropriated to acquire conservation and
 1839  recreation lands may be used for title work, appraisal fees,
 1840  environmental audits, and survey costs related to acquisition
 1841  expenses for lands to be acquired, donated, or exchanged which
 1842  qualify under the categories of this section, at the discretion
 1843  of the board. When the Legislature has authorized the department
 1844  of Environmental Protection to condemn a specific parcel of land
 1845  and such parcel has already been approved for acquisition, the
 1846  land may be acquired in accordance with the provisions of
 1847  chapter 73 or chapter 74, and the funds appropriated to acquire
 1848  conservation and recreation lands may be used to pay the
 1849  condemnation award and all costs, including reasonable attorney
 1850  fees, associated with condemnation.
 1851         (7) All lands managed under this chapter and s. 253.034
 1852  shall be:
 1853         (a) Managed in a manner that will provide the greatest
 1854  combination of benefits to the public and to the resources.
 1855         (b) Managed for public outdoor recreation which is
 1856  compatible with the conservation and protection of public lands.
 1857  Such management may include, but not be limited to, the
 1858  following public recreational uses: fishing, hunting, camping,
 1859  bicycling, hiking, nature study, swimming, boating, canoeing,
 1860  horseback riding, diving, model hobbyist activities, birding,
 1861  sailing, jogging, and other related outdoor activities
 1862  compatible with the purposes for which the lands were acquired.
 1863         (c)Managed for the purposes for which the lands were
 1864  acquired, consistent with paragraph (9)(a).
 1865         (c)(d) Concurrent with its adoption of the annual list of
 1866  acquisition projects pursuant to s. 259.035, the board of
 1867  trustees shall adopt a management prospectus for each project.
 1868  The management prospectus shall delineate:
 1869         1. The management goals for the property;
 1870         2. The conditions that will affect the intensity of
 1871  management;
 1872         3. An estimate of the revenue-generating potential of the
 1873  property, if appropriate;
 1874         4. A timetable for implementing the various stages of
 1875  management and for providing access to the public, if
 1876  applicable;
 1877         5. A description of potential multiple-use activities as
 1878  described in this section and s. 253.034;
 1879         6. Provisions for protecting existing infrastructure and
 1880  for ensuring the security of the project upon acquisition;
 1881         7. The anticipated costs of management and projected
 1882  sources of revenue, including legislative appropriations, to
 1883  fund management needs; and
 1884         8. Recommendations as to how many employees will be needed
 1885  to manage the property, and recommendations as to whether local
 1886  governments, volunteer groups, the former landowner, or other
 1887  interested parties can be involved in the management.
 1888         (d)(e) Concurrent with the approval of the acquisition
 1889  contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
 1890  interest in lands except those lands being acquired pursuant to
 1891  under the provisions of s. 259.1052, the board of trustees shall
 1892  designate an agency or agencies to manage such lands. The board
 1893  shall evaluate and amend, as appropriate, the management policy
 1894  statement for the project as provided by s. 259.035 to ensure
 1895  that the policy statement is compatible with conservation,
 1896  recreation, or both, consistent with the purposes for which the
 1897  lands are acquired. For any fee simple acquisition of a parcel
 1898  which is or will be leased back for agricultural purposes, or
 1899  any acquisition of a less than fee less-than-fee interest in
 1900  land that is or will be used for agricultural purposes, the
 1901  board of trustees of the Internal Improvement Trust Fund shall
 1902  first consider having a soil and water conservation district,
 1903  created pursuant to chapter 582, manage and monitor such
 1904  interests.
 1905         (e)(f) State agencies designated to manage lands acquired
 1906  under this chapter or with funds deposited into the Land
 1907  Acquisition Trust Fund, except those lands acquired under s.
 1908  259.1052, may contract with local governments and soil and water
 1909  conservation districts to assist in management activities,
 1910  including the responsibility of being the lead land manager.
 1911  Such land management contracts may include a provision for the
 1912  transfer of management funding to the local government or soil
 1913  and water conservation district from the land acquisition trust
 1914  fund of the lead land managing agency in an amount adequate for
 1915  the local government or soil and water conservation district to
 1916  perform its contractual land management responsibilities and
 1917  proportionate to its responsibilities, and which otherwise would
 1918  have been expended by the state agency to manage the property.
 1919         (f)(g) Immediately following the acquisition of any
 1920  interest in conservation and recreation lands, the department of
 1921  Environmental Protection, acting on behalf of the board of
 1922  trustees, may issue to the lead managing entity an interim
 1923  assignment letter to be effective until the execution of a
 1924  formal lease.
 1925         (8)(a) State, regional, or local governmental agencies or
 1926  private entities designated to manage lands under this section
 1927  shall develop and adopt, with the approval of the board of
 1928  trustees, an individual management plan for each project
 1929  designed to conserve and protect such lands and their associated
 1930  natural resources. Private sector involvement in management plan
 1931  development may be used to expedite the planning process.
 1932         (b) Individual management plans required by s. 253.034(5),
 1933  for parcels over 160 acres, shall be developed with input from
 1934  an advisory group. Members of this advisory group shall include,
 1935  at a minimum, representatives of the lead land managing agency,
 1936  comanaging entities, local private property owners, the
 1937  appropriate soil and water conservation district, a local
 1938  conservation organization, and a local elected official. If
 1939  habitat or potentially restorable habitat for imperiled species
 1940  is located on state lands, the Fish and Wildlife Conservation
 1941  Commission and the Department of Agriculture and Consumer
 1942  Services shall be included on any advisory group required under
 1943  chapter 253, and the short-term and long-term management goals
 1944  required under chapter 253 must advance the goals and objectives
 1945  of imperiled species management without restricting other uses
 1946  identified in the management plan. The advisory group shall
 1947  conduct at least one public hearing within the county in which
 1948  the parcel or project is located. For those parcels or projects
 1949  that are within more than one county, at least one areawide
 1950  public hearing shall be acceptable and the lead managing agency
 1951  shall invite a local elected official from each county. The
 1952  areawide public hearing shall be held in the county in which the
 1953  core parcels are located. Notice of such public hearing shall be
 1954  posted on the parcel or project designated for management,
 1955  advertised in a paper of general circulation, and announced at a
 1956  scheduled meeting of the local governing body before the actual
 1957  public hearing. The management prospectus required pursuant to
 1958  paragraph (7)(c) (7)(d) shall be available to the public for a
 1959  period of 30 days before prior to the public hearing.
 1960         (c) Once a plan is adopted, the managing agency or entity
 1961  shall update the plan at least every 10 years in a form and
 1962  manner adopted prescribed by rule of the board of trustees. Such
 1963  updates, for parcels over 160 acres, shall be developed with
 1964  input from an advisory group. Such plans may include transfers
 1965  of leasehold interests to appropriate conservation organizations
 1966  or governmental entities designated by the Land Acquisition and
 1967  Management Advisory council or its successor, for uses
 1968  consistent with the purposes of the organizations and the
 1969  protection, preservation, conservation, restoration, and proper
 1970  management of the lands and their resources. Volunteer
 1971  management assistance is encouraged, including, but not limited
 1972  to, assistance by youths participating in programs sponsored by
 1973  state or local agencies, by volunteers sponsored by
 1974  environmental or civic organizations, and by individuals
 1975  participating in programs for committed delinquents and adults.
 1976         (d)1. For each project for which lands are acquired after
 1977  July 1, 1995, an individual management plan shall be adopted and
 1978  in place no later than 1 year after the essential parcel or
 1979  parcels identified in the priority list developed pursuant to s.
 1980  259.105 have been acquired. The department of Environmental
 1981  Protection shall distribute only 75 percent of the acquisition
 1982  funds to which a budget entity or water management district
 1983  would otherwise be entitled to any budget entity or any water
 1984  management district that has more than one-third of its
 1985  management plans overdue.
 1986         2.The requirements of subparagraph 1. do not apply to the
 1987  individual management plan for the Babcock Crescent B Ranch
 1988  being acquired pursuant to s. 259.1052. The management plan for
 1989  the ranch shall be adopted and in place no later than 2 years
 1990  following the date of acquisition by the state.
 1991         (e) Individual management plans shall conform to the
 1992  appropriate policies and guidelines of the state land management
 1993  plan and shall include, but not be limited to:
 1994         1. A statement of the purpose for which the lands were
 1995  acquired, the projected use or uses as defined in s. 253.034,
 1996  and the statutory authority for such use or uses.
 1997         2. Key management activities necessary to achieve the
 1998  desired outcomes, including, but not limited to, providing
 1999  public access, preserving and protecting natural resources,
 2000  protecting cultural and historical resources, restoring habitat,
 2001  protecting threatened and endangered species, controlling the
 2002  spread of nonnative plants and animals, performing prescribed
 2003  fire activities, and other appropriate resource management.
 2004         3. A specific description of how the managing agency plans
 2005  to identify, locate, protect, and preserve, or otherwise use
 2006  fragile, nonrenewable natural and cultural resources.
 2007         4. A priority schedule for conducting management
 2008  activities, based on the purposes for which the lands were
 2009  acquired.
 2010         5. A cost estimate for conducting priority management
 2011  activities, to include recommendations for cost-effective
 2012  methods of accomplishing those activities.
 2013         6. A cost estimate for conducting other management
 2014  activities which would enhance the natural resource value or
 2015  public recreation value for which the lands were acquired. The
 2016  cost estimate shall include recommendations for cost-effective
 2017  methods of accomplishing those activities.
 2018         7. A determination of the public uses and public access
 2019  that would be compatible with conservation, recreation, or both
 2020  that would be consistent with the purposes for which the lands
 2021  were acquired.
 2022         (f) The Division of State Lands shall submit a copy of each
 2023  individual management plan for parcels which exceed 160 acres in
 2024  size to each member of the Acquisition and Restoration council,
 2025  which shall:
 2026         1. Within 60 days after receiving a plan from the Division
 2027  of State Lands, review each plan for compliance with the
 2028  requirements of this subsection and with the requirements of the
 2029  rules adopted established by the board pursuant to this
 2030  subsection.
 2031         2. Consider the propriety of the recommendations of the
 2032  managing agency with regard to the future use or protection of
 2033  the property.
 2034         3. After its review, submit the plan, along with its
 2035  recommendations and comments, to the board of trustees, with
 2036  recommendations as to whether to approve the plan as submitted,
 2037  approve the plan with modifications, or reject the plan.
 2038         (g) The board of trustees shall consider the individual
 2039  management plan submitted by each state agency and the
 2040  recommendations of the Acquisition and Restoration council and
 2041  the department Division of State Lands and shall approve the
 2042  plan with or without modification or reject such plan. The use
 2043  or possession of any lands owned by the board of trustees which
 2044  is not in accordance with an approved individual management plan
 2045  is subject to termination by the board of trustees.
 2046  
 2047  By July 1 of each year, each governmental agency and each
 2048  private entity designated to manage lands shall report to the
 2049  Secretary of Environmental Protection on the progress of
 2050  funding, staffing, and resource management of every project for
 2051  which the agency or entity is responsible.
 2052         (9)(a) The Legislature recognizes that acquiring lands
 2053  pursuant to this chapter serves the public interest by
 2054  protecting land, air, and water resources which contribute to
 2055  the public health and welfare, providing areas for natural
 2056  resource based recreation, and ensuring the survival of unique
 2057  and irreplaceable plant and animal species. The Legislature
 2058  intends for these lands to be managed and maintained in a manner
 2059  that is compatible with conservation, recreation, or both,
 2060  consistent with the land management plan for the purposes for
 2061  which they were acquired and for the public to have access to
 2062  and use of these lands if public access where it is consistent
 2063  with acquisition purposes and would not harm the resources the
 2064  state is seeking to protect on the public’s behalf.
 2065         (d) Up to one-fifth of the funds appropriated for the
 2066  purposes identified in paragraph (b) shall be reserved by the
 2067  board of trustees for interim management of acquisitions and for
 2068  associated contractual services, to ensure the conservation and
 2069  protection of natural resources on project sites and to allow
 2070  limited public recreational use of lands. Interim management
 2071  activities may include, but not be limited to, resource
 2072  assessments, control of invasive, nonnative species, habitat
 2073  restoration, fencing, law enforcement, controlled burning, and
 2074  public access consistent with preliminary determinations made
 2075  pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
 2076  make these interim funds available immediately upon purchase.
 2077         Section 16. Subsection (3) and paragraph (a) of subsection
 2078  (4) of section 259.035, Florida Statutes, are amended to read:
 2079         259.035 Acquisition and Restoration Council.—
 2080         (3) The council shall provide assistance to the board of
 2081  trustees in reviewing the recommendations and plans for state
 2082  owned conservation lands required under s. 253.034 and this
 2083  chapter. The council shall, in reviewing such recommendations
 2084  and plans, consider the optimization of multiple-use and
 2085  conservation strategies to accomplish the provisions funded
 2086  pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
 2087  to s. 259.105(3)(b).
 2088         (4)(a) By December 1, 2016, the Acquisition and Restoration
 2089  council shall develop rules defining specific criteria and
 2090  numeric performance measures needed for lands that are to be
 2091  acquired for public purpose under the Florida Forever program
 2092  pursuant to s. 259.105 or with funds deposited into the Land
 2093  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 2094  Constitution. These rules shall be reviewed and adopted by the
 2095  board, then submitted to the Legislature for consideration by
 2096  February 1, 2017. The Legislature may reject, modify, or take no
 2097  action relative to the proposed rules. If no action is taken,
 2098  the rules shall be implemented. Subsequent to their approval,
 2099  each recipient of funds from the Land Acquisition Trust Fund
 2100  shall annually report to the department Division of State Lands
 2101  on each of the numeric performance measures accomplished during
 2102  the previous fiscal year.
 2103         Section 17. Subsections (1), (2), (4), and (5) of section
 2104  259.036, Florida Statutes, are amended to read:
 2105         259.036 Management review teams.—
 2106         (1) To determine whether conservation, preservation, and
 2107  recreation lands titled in the name of the board of Trustees of
 2108  the Internal Improvement Trust Fund are being managed for the
 2109  purposes that are compatible with conservation, preservation, or
 2110  recreation for which they were acquired and in accordance with a
 2111  land management plan adopted pursuant to s. 259.032, the board
 2112  of trustees, acting through the department of Environmental
 2113  Protection, shall cause periodic management reviews to be
 2114  conducted as follows:
 2115         (a) The department shall establish a regional land
 2116  management review team composed of the following members:
 2117         1. One individual who is from the county or local community
 2118  in which the parcel or project is located and who is selected by
 2119  the county commission in the county which is most impacted by
 2120  the acquisition.
 2121         2. One individual from the Division of Recreation and Parks
 2122  of the department.
 2123         3. One individual from the Florida Forest Service of the
 2124  Department of Agriculture and Consumer Services.
 2125         4. One individual from the Fish and Wildlife Conservation
 2126  Commission.
 2127         5. One individual from the department’s district office in
 2128  which the parcel is located.
 2129         6. A private land manager, preferably from the local
 2130  community, mutually agreeable to the state agency
 2131  representatives.
 2132         7. A member or staff from the jurisdictional water
 2133  management district or of the local soil and water conservation
 2134  district board of supervisors.
 2135         8. A member of a conservation organization.
 2136         (b) The department staff of the Division of State Lands
 2137  shall act as the review team coordinator for the purposes of
 2138  establishing schedules for the reviews and other staff
 2139  functions. The Legislature shall appropriate funds necessary to
 2140  implement land management review team functions.
 2141         (2) The land management review team shall review select
 2142  management areas before prior to the date the manager is
 2143  required to submit a 10-year land management plan update. For
 2144  management areas that exceed 1,000 acres in size, the department
 2145  Division of State Lands shall schedule a land management review
 2146  at least every 5 years. A copy of the review shall be provided
 2147  to the manager, the department Division of State Lands, and the
 2148  Acquisition and Restoration council. The manager shall consider
 2149  the findings and recommendations of the land management review
 2150  team in finalizing the required 10-year update of its management
 2151  plan.
 2152         (4) In the event a land management plan has not been
 2153  adopted within the timeframes specified in s. 259.032(8), the
 2154  department may direct a management review of the property, to be
 2155  conducted by the land management review team. The review shall
 2156  consider the extent to which the land is being managed in a
 2157  manner that is compatible with conservation, recreation, or both
 2158  for the purposes for which it was acquired and the degree to
 2159  which actual management practices are in compliance with the
 2160  management policy statement and management prospectus for that
 2161  property.
 2162         (5) If the land management review team determines that
 2163  reviewed lands are not being managed in a manner that is
 2164  compatible with conservation, recreation, or both, consistent
 2165  for the purposes for which they were acquired or in compliance
 2166  with the adopted land management plan, management policy
 2167  statement, or management prospectus, or if the managing agency
 2168  fails to address the review findings in the updated management
 2169  plan, the department shall provide the review findings to the
 2170  board, and the managing agency must report to the board its
 2171  reasons for managing the lands as it has.
 2172         Section 18. Section 259.037, Florida Statutes, is amended
 2173  to read:
 2174         259.037 Land Management Uniform Accounting Council.—
 2175         (1) The Land Management Uniform Accounting Council (LMUAC)
 2176  is created within the Department of Environmental Protection and
 2177  shall consist of the director of the Division of State Lands,
 2178  the director of the Division of Recreation and Parks, and the
 2179  director of the Office of Coastal and Aquatic Managed Areas, and
 2180  the director of the Office of Greenways and Trails of the
 2181  department of Environmental Protection; the director of the
 2182  Florida Forest Service of the Department of Agriculture and
 2183  Consumer Services; the executive director of the Fish and
 2184  Wildlife Conservation Commission; and the director of the
 2185  Division of Historical Resources of the Department of State, or
 2186  their respective designees. Each state agency represented on the
 2187  LMUAC council shall have one vote. The chair of the LMUAC
 2188  council shall rotate annually in the foregoing order of state
 2189  agencies. The agency of the representative serving as chair of
 2190  the council shall provide staff support for the LMUAC council.
 2191  The Division of State Lands shall serve as the recipient of and
 2192  repository for the LMUAC’s council’s documents. The LMUAC
 2193  council shall meet at the request of the chair.
 2194         (2) The Auditor General and the director of the Office of
 2195  Program Policy Analysis and Government Accountability, or their
 2196  designees, shall advise the LMUAC council to ensure that
 2197  appropriate accounting procedures are used utilized and that a
 2198  uniform method of collecting and reporting accurate costs of
 2199  land management activities are created and can be used by all
 2200  agencies.
 2201         (3)(a) All land management activities and costs must be
 2202  assigned to a specific category, and any single activity or cost
 2203  may not be assigned to more than one category. Administrative
 2204  costs, such as planning or training, shall be segregated from
 2205  other management activities. Specific management activities and
 2206  costs must initially be grouped, at a minimum, within the
 2207  following categories:
 2208         1. Resource management.
 2209         2. Administration.
 2210         3. Support.
 2211         4. Capital improvements.
 2212         5. Recreation visitor services.
 2213         6. Law enforcement activities.
 2214  
 2215  Upon adoption of the initial list of land management categories
 2216  by the LMUAC council, agencies assigned to manage conservation
 2217  or recreation lands shall, on July 1, 2000, begin to account for
 2218  land management costs in accordance with the category to which
 2219  an expenditure is assigned.
 2220         (b) Each reporting agency shall also:
 2221         1. Include a report of the available public use
 2222  opportunities for each management unit of state land, the total
 2223  management cost for public access and public use, and the cost
 2224  associated with each use option.
 2225         2. List the acres of land requiring minimal management
 2226  effort, moderate management effort, and significant management
 2227  effort pursuant to s. 259.032(9)(c). For each category created
 2228  in paragraph (a), the reporting agency shall include the amount
 2229  of funds requested, the amount of funds received, and the amount
 2230  of funds expended for land management.
 2231         3. List acres managed and cost of management for each park,
 2232  preserve, forest, reserve, or management area.
 2233         4. List acres managed, cost of management, and lead manager
 2234  for each state lands management unit for which secondary
 2235  management activities were provided.
 2236         5. Include a report of the estimated calculable financial
 2237  benefits to the public for the ecosystem services provided by
 2238  conservation lands, based on the best readily available
 2239  information or science that provides a standard measurement
 2240  methodology to be consistently applied by the land managing
 2241  agencies. Such information may include, but need not be limited
 2242  to, the value of natural lands for protecting the quality and
 2243  quantity of drinking water through natural water filtration and
 2244  recharge, contributions to protecting and improving air quality,
 2245  benefits to agriculture through increased soil productivity and
 2246  preservation of biodiversity, and savings to property and lives
 2247  through flood control.
 2248         (4) The LMUAC council shall provide a report of the
 2249  agencies’ expenditures pursuant to the adopted categories to the
 2250  Acquisition and Restoration Council and the Division of State
 2251  Lands for inclusion in its annual report required pursuant to s.
 2252  259.036.
 2253         (5) Should the LMUAC council determine that the list of
 2254  land management categories needs to be revised, it shall meet
 2255  upon the call of the chair.
 2256         (6) Biennially, each reporting agency shall also submit an
 2257  operational report for each management area along with an
 2258  approved management plan. The report should assess the progress
 2259  toward achieving short-term and long-term management goals of
 2260  the approved management plan, including all land management
 2261  activities, and identify any deficiencies in management and
 2262  corrective actions to address identified deficiencies as
 2263  appropriate. This report shall be submitted to the Acquisition
 2264  and Restoration Council and the Division of State Lands for
 2265  inclusion in its annual report required pursuant to s. 259.036.
 2266         Section 19. Subsections (1) through (6) and (8) through
 2267  (19) of section 259.041, Florida Statutes, are repealed.
 2268         Section 20. Subsection (2) of section 259.047, Florida
 2269  Statutes, is amended to read:
 2270         259.047 Acquisition of land on which an agricultural lease
 2271  exists.—
 2272         (2) If Where consistent with the purposes of conservation
 2273  and recreation for which the property was acquired, the state or
 2274  acquiring entity shall make reasonable efforts to keep lands in
 2275  agricultural production which are in agricultural production at
 2276  the time of acquisition.
 2277         Section 21. Subsection (8) of section 259.101, Florida
 2278  Statutes, is renumbered as subsection (7), and subsection (5),
 2279  paragraph (a) of subsection (6), and present subsection (7) of
 2280  that section are amended, to read:
 2281         259.101 Florida Preservation 2000 Act.—
 2282         (5) DISPOSITION OF LANDS.—
 2283         (a) Any lands acquired pursuant to former paragraphs
 2284  (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
 2285  section, Florida Statutes 2014, if title to such lands is vested
 2286  in the board of Trustees of the Internal Improvement Trust Fund,
 2287  may be disposed of by the board of Trustees of the Internal
 2288  Improvement Trust Fund in accordance with the provisions and
 2289  procedures set forth in s. 253.0341 253.034(6), and lands
 2290  acquired pursuant to former paragraph (3)(b) of this section,
 2291  Florida Statutes 2014, may be disposed of by the owning water
 2292  management district in accordance with the procedures and
 2293  provisions set forth in ss. 373.056 and 373.089 provided such
 2294  disposition also shall satisfy the requirements of paragraphs
 2295  (b) and (c).
 2296         (b) Before land acquired with Preservation 2000 funds may
 2297  be surplused as required by s. 253.0341 253.034(6) or determined
 2298  to be no longer required for its purposes under s. 373.056(4),
 2299  as applicable, there shall first be a determination by the board
 2300  of Trustees of the Internal Improvement Trust Fund, or, in the
 2301  case of water management district lands, by the owning water
 2302  management district, that such land no longer needs to be
 2303  preserved in furtherance of the intent of the Florida
 2304  Preservation 2000 Act. Any lands eligible to be disposed of
 2305  under this procedure also may be used to acquire other lands
 2306  through an exchange of lands if such lands obtained in an
 2307  exchange are described in the same paragraph of former
 2308  subsection (3) of this section, Florida Statutes 2014, as the
 2309  lands disposed.
 2310         (c) Revenue derived from the disposal of lands acquired
 2311  with Preservation 2000 funds may not be used for any purpose
 2312  except for deposit into the Florida Forever Trust Fund within
 2313  the department of Environmental Protection, for recredit to the
 2314  share held under former subsection (3) of this section, Florida
 2315  Statutes 2014, in which such disposed land is described.
 2316         (6) ALTERNATE USES OF ACQUIRED LANDS.—
 2317         (a) The board of Trustees of the Internal Improvement Trust
 2318  Fund, or, in the case of water management district lands, the
 2319  owning water management district, may authorize the granting of
 2320  a lease, easement, or license for the use of any lands acquired
 2321  pursuant to former subsection (3) of this section, Florida
 2322  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2323  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2324  Art. XII of the State Constitution, and any other incidental
 2325  public or private use that is determined by the board or the
 2326  owning water management district to be compatible with
 2327  conservation, preservation, or recreation the purposes for which
 2328  such lands were acquired.
 2329         (7)ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
 2330         (a)The Legislature finds that, with the increasing
 2331  pressures on the natural areas of this state, the state must
 2332  develop creative techniques to maximize the use of acquisition
 2333  and management moneys. The Legislature finds that the state’s
 2334  environmental land-buying agencies should be encouraged to
 2335  augment their traditional, fee simple acquisition programs with
 2336  the use of alternatives to fee simple acquisition techniques.
 2337  The Legislature also finds that using alternatives to fee simple
 2338  acquisition by public land-buying agencies will achieve the
 2339  following public policy goals:
 2340         1.Allow more lands to be brought under public protection
 2341  for preservation, conservation, and recreational purposes at
 2342  less expense using public funds.
 2343         2.Retain, on local government tax rolls, some portion of
 2344  or interest in lands that are under public protection.
 2345         3.Reduce long-term management costs by allowing private
 2346  property owners to continue acting as stewards of the land, as
 2347  appropriate.
 2348  
 2349  Therefore, it is the intent of the Legislature that public land
 2350  buying agencies develop programs to pursue alternatives to fee
 2351  simple acquisition and to educate private landowners about such
 2352  alternatives and the benefits of such alternatives. It also is
 2353  the intent of the Legislature that the department and the water
 2354  management districts spend a portion of their shares of
 2355  Preservation 2000 bond proceeds to purchase eligible properties
 2356  using alternatives to fee simple acquisition. Finally, it is the
 2357  intent of the Legislature that public agencies acquire lands in
 2358  fee simple for public access and recreational activities. Lands
 2359  protected using alternatives to fee simple acquisition
 2360  techniques may not be accessible to the public unless such
 2361  access is negotiated with and agreed to by the private
 2362  landowners who retain interests in such lands.
 2363         (b)The Land Acquisition Advisory Council and the water
 2364  management districts shall identify, within their 1997
 2365  acquisition plans, those projects that require a full fee simple
 2366  interest to achieve the public policy goals, along with the
 2367  reasons why full title is determined to be necessary. The
 2368  council and the water management districts may use alternatives
 2369  to fee simple acquisition to bring the remaining projects in
 2370  their acquisition plans under public protection. For the
 2371  purposes of this subsection, the term “alternatives to fee
 2372  simple acquisition” includes the purchase of development rights;
 2373  conservation easements; flowage easements; the purchase of
 2374  timber rights, mineral rights, or hunting rights; the purchase
 2375  of agricultural interests or silvicultural interests; land
 2376  protection agreements; fee simple acquisitions with
 2377  reservations; or any other acquisition technique that achieves
 2378  the public policy goals identified in paragraph (a). It is
 2379  presumed that a private landowner retains the full range of uses
 2380  for all the rights or interests in the landowner’s land which
 2381  are not specifically acquired by the public agency. Life estates
 2382  and fee simple acquisitions with leaseback provisions do not
 2383  qualify as an alternative to fee simple acquisition under this
 2384  subsection, although the department and the districts are
 2385  encouraged to use such techniques if appropriate.
 2386         (c)The department and each water management district shall
 2387  implement initiatives to use alternatives to fee simple
 2388  acquisition and to educate private landowners about such
 2389  alternatives. These initiatives must include at least two
 2390  acquisitions a year by the department and each water management
 2391  district utilizing alternatives to fee simple.
 2392         (d)The Legislature finds that the lack of direct sales
 2393  comparison information has served as an impediment to successful
 2394  implementation of alternatives to fee simple acquisition. It is
 2395  the intent of the Legislature that, in the absence of direct
 2396  comparable sales information, appraisals of alternatives to fee
 2397  simple acquisitions be based on the difference between the full
 2398  fee simple valuation and the value of the interests remaining
 2399  with the seller after acquisition.
 2400         (e)The public agency that has been assigned management
 2401  responsibility shall inspect and monitor any less-than-fee
 2402  simple interest according to the terms of the purchase agreement
 2403  relating to such interest.
 2404         (f)The department and the water management districts may
 2405  enter into joint acquisition agreements to jointly fund the
 2406  purchase of lands using alternatives to fee simple techniques.
 2407         Section 22. Paragraph (a) of subsection (2), paragraphs (i)
 2408  and (l) of subsection (3), subsections (10) and (13), paragraph
 2409  (i) of subsection (15), and subsection (19) of section 259.105,
 2410  Florida Statutes, are amended to read:
 2411         259.105 The Florida Forever Act.—
 2412         (2)(a) The Legislature finds and declares that:
 2413         1. Land acquisition programs have provided tremendous
 2414  financial resources for purchasing environmentally significant
 2415  lands to protect those lands from imminent development or
 2416  alteration, thereby ensuring present and future generations’
 2417  access to important waterways, open spaces, and recreation and
 2418  conservation lands.
 2419         2. The continued alteration and development of the state’s
 2420  Florida’s natural and rural areas to accommodate the state’s
 2421  growing population have contributed to the degradation of water
 2422  resources, the fragmentation and destruction of wildlife
 2423  habitats, the loss of outdoor recreation space, and the
 2424  diminishment of wetlands, forests, working landscapes, and
 2425  coastal open space.
 2426         3. The potential development of the state’s Florida’s
 2427  remaining natural areas and escalation of land values require
 2428  government efforts to restore, bring under public protection, or
 2429  acquire lands and water areas to preserve the state’s essential
 2430  ecological functions and invaluable quality of life.
 2431         4. It is essential to protect the state’s ecosystems by
 2432  promoting a more efficient use of land, to ensure opportunities
 2433  for viable agricultural activities on working lands, and to
 2434  promote vital rural and urban communities that support and
 2435  produce development patterns consistent with natural resource
 2436  protection.
 2437         5. The state’s Florida’s groundwater, surface waters, and
 2438  springs are under tremendous pressure due to population growth
 2439  and economic expansion and require special protection and
 2440  restoration efforts, including the protection of uplands and
 2441  springsheds that provide vital recharge to aquifer systems and
 2442  are critical to the protection of water quality and water
 2443  quantity of the aquifers and springs. To ensure that sufficient
 2444  quantities of water are available to meet the current and future
 2445  needs of the natural systems and citizens of the state, and
 2446  assist in achieving the planning goals of the department and the
 2447  water management districts, water resource development projects
 2448  on public lands, if where compatible with the resource values of
 2449  and management objectives for the lands, are appropriate.
 2450         6. The needs of urban, suburban, and small communities in
 2451  the state Florida for high-quality outdoor recreational
 2452  opportunities, greenways, trails, and open space have not been
 2453  fully met by previous acquisition programs. Through such
 2454  programs as the Florida Communities Trust and the Florida
 2455  Recreation Development Assistance Program, the state shall place
 2456  additional emphasis on acquiring, protecting, preserving, and
 2457  restoring open space, ecological greenways, and recreation
 2458  properties within urban, suburban, and rural areas where
 2459  pristine natural communities or water bodies no longer exist
 2460  because of the proximity of developed property.
 2461         7. Many of the state’s Florida’s unique ecosystems, such as
 2462  the Florida Everglades, are facing ecological collapse due to
 2463  the state’s Florida’s burgeoning population growth and other
 2464  economic activities. To preserve these valuable ecosystems for
 2465  future generations, essential parcels of land must be acquired
 2466  to facilitate ecosystem restoration.
 2467         8. Access to public lands to support a broad range of
 2468  outdoor recreational opportunities and the development of
 2469  necessary infrastructure, if where compatible with the resource
 2470  values of and management objectives for such lands, promotes an
 2471  appreciation for the state’s Florida’s natural assets and
 2472  improves the quality of life.
 2473         9. Acquisition of lands, in fee simple, less than fee less
 2474  than-fee interest, or other techniques shall be based on a
 2475  comprehensive science-based assessment of the state’s Florida’s
 2476  natural resources which targets essential conservation lands by
 2477  prioritizing all current and future acquisitions based on a
 2478  uniform set of data and planned so as to protect the integrity
 2479  and function of ecological systems and working landscapes, and
 2480  provide multiple benefits, including preservation of fish and
 2481  wildlife habitat, recreation space for urban and rural areas,
 2482  and the restoration of natural water storage, flow, and
 2483  recharge.
 2484         10. The state has embraced performance-based program
 2485  budgeting as a tool to evaluate the achievements of publicly
 2486  funded agencies, build in accountability, and reward those
 2487  agencies which are able to consistently achieve quantifiable
 2488  goals. While previous and existing state environmental programs
 2489  have achieved varying degrees of success, few of these programs
 2490  can be evaluated as to the extent of their achievements,
 2491  primarily because performance measures, standards, outcomes, and
 2492  goals were not established at the outset. Therefore, the Florida
 2493  Forever program shall be developed and implemented in the
 2494  context of measurable state goals and objectives.
 2495         11. The state must play a major role in the recovery and
 2496  management of its imperiled species through the acquisition,
 2497  restoration, enhancement, and management of ecosystems that can
 2498  support the major life functions of such species. It is the
 2499  intent of the Legislature to support local, state, and federal
 2500  programs that result in net benefit to imperiled species habitat
 2501  by providing public and private land owners meaningful
 2502  incentives for acquiring, restoring, managing, and repopulating
 2503  habitats for imperiled species. It is the further intent of the
 2504  Legislature that public lands, both existing and to be acquired,
 2505  identified by the lead land managing agency, in consultation
 2506  with the Florida Fish and Wildlife Conservation Commission for
 2507  animals or the Department of Agriculture and Consumer Services
 2508  for plants, as habitat or potentially restorable habitat for
 2509  imperiled species, be restored, enhanced, managed, and
 2510  repopulated as habitat for such species to advance the goals and
 2511  objectives of imperiled species management for conservation,
 2512  recreation, or both, consistent with the land management plan
 2513  purposes for which such lands are acquired without restricting
 2514  other uses identified in the management plan. It is also the
 2515  intent of the Legislature that of the proceeds distributed
 2516  pursuant to subsection (3), additional consideration be given to
 2517  acquisitions that achieve a combination of conservation goals,
 2518  including the restoration, enhancement, management, or
 2519  repopulation of habitat for imperiled species. The Acquisition
 2520  and Restoration council, in addition to the criteria in
 2521  subsection (9), shall give weight to projects that include
 2522  acquisition, restoration, management, or repopulation of habitat
 2523  for imperiled species. The term “imperiled species” as used in
 2524  this chapter and chapter 253, means plants and animals that are
 2525  federally listed under the Endangered Species Act, or state
 2526  listed by the Fish and Wildlife Conservation Commission or the
 2527  Department of Agriculture and Consumer Services.
 2528         a. As part of the state’s role, all state lands that have
 2529  imperiled species habitat shall include as a consideration in
 2530  management plan development the restoration, enhancement,
 2531  management, and repopulation of such habitats. In addition, the
 2532  lead land managing agency of such state lands may use fees
 2533  received from public or private entities for projects to offset
 2534  adverse impacts to imperiled species or their habitat in order
 2535  to restore, enhance, manage, repopulate, or acquire land and to
 2536  implement land management plans developed under s. 253.034 or a
 2537  land management prospectus developed and implemented under this
 2538  chapter. Such fees shall be deposited into a foundation or fund
 2539  created by each land management agency under s. 379.223, s.
 2540  589.012, or s. 259.032(9)(c), to be used solely to restore,
 2541  manage, enhance, repopulate, or acquire imperiled species
 2542  habitat.
 2543         b.Where habitat or potentially restorable habitat for
 2544  imperiled species is located on state lands, the Fish and
 2545  Wildlife Conservation Commission and the Department of
 2546  Agriculture and Consumer Services shall be included on any
 2547  advisory group required under chapter 253, and the short-term
 2548  and long-term management goals required under chapter 253 must
 2549  advance the goals and objectives of imperiled species management
 2550  consistent with the purposes for which the land was acquired
 2551  without restricting other uses identified in the management
 2552  plan.
 2553         12. There is a need to change the focus and direction of
 2554  the state’s major land acquisition programs and to extend
 2555  funding and bonding capabilities, so that future generations may
 2556  enjoy the natural resources of this state.
 2557         (3) Less the costs of issuing and the costs of funding
 2558  reserve accounts and other costs associated with bonds, the
 2559  proceeds of cash payments or bonds issued pursuant to this
 2560  section shall be deposited into the Florida Forever Trust Fund
 2561  created by s. 259.1051. The proceeds shall be distributed by the
 2562  department of Environmental Protection in the following manner:
 2563         (i) Three and five-tenths percent to the Department of
 2564  Agriculture and Consumer Services for the acquisition of
 2565  agricultural lands, through perpetual conservation easements and
 2566  other perpetual less than fee less-than-fee techniques, which
 2567  will achieve the objectives of Florida Forever and s. 570.71.
 2568  Rules concerning the application, acquisition, and priority
 2569  ranking process for such easements shall be developed pursuant
 2570  to s. 570.71(10) and as provided by this paragraph. The board
 2571  shall ensure that such rules are consistent with the acquisition
 2572  process provided for in s. 570.715 259.041. Provisions of The
 2573  rules developed pursuant to s. 570.71(10), shall also provide
 2574  for the following:
 2575         1. An annual priority list shall be developed pursuant to
 2576  s. 570.71(10), submitted to the Acquisition and Restoration
 2577  council for review, and approved by the board pursuant to s.
 2578  259.04.
 2579         2. Terms of easements and acquisitions proposed pursuant to
 2580  this paragraph shall be approved by the board and may shall not
 2581  be delegated by the board to any other entity receiving funds
 2582  under this section.
 2583         3. All acquisitions pursuant to this paragraph shall
 2584  contain a clear statement that they are subject to legislative
 2585  appropriation.
 2586  
 2587  No Funds provided under this paragraph may not shall be expended
 2588  until final adoption of rules by the board pursuant to s.
 2589  570.71.
 2590         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2591  the agencies that receive the funds shall develop their
 2592  individual acquisition or restoration lists in accordance with
 2593  specific criteria and numeric performance measures developed
 2594  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2595  they are identified within the original project boundary, the
 2596  management plan required pursuant to s. 253.034(5), or the
 2597  management prospectus required pursuant to s. 259.032(7)(c)
 2598  259.032(7)(d). Proposed additions not meeting the requirements
 2599  of this paragraph shall be submitted to the Acquisition and
 2600  Restoration council for approval. The council may only approve
 2601  the proposed addition if it meets two or more of the following
 2602  criteria: serves as a link or corridor to other publicly owned
 2603  property; enhances the protection or management of the property;
 2604  would add a desirable resource to the property; would create a
 2605  more manageable boundary configuration; has a high resource
 2606  value that otherwise would be unprotected; or can be acquired at
 2607  less than fair market value.
 2608         (10) The Acquisition and Restoration council shall give
 2609  increased priority to:
 2610         (a)those Projects for which matching funds are available.
 2611         (b)and to Project elements previously identified on an
 2612  acquisition list pursuant to this section that can be acquired
 2613  at 80 percent or less of appraised value.
 2614         (c)Projects that can be acquired in less than fee
 2615  ownership, such as a permanent conservation easement.
 2616         (d)Projects that contribute to improving the quality and
 2617  quantity of surface water and groundwater.
 2618         (e)Projects that contribute to improving the water quality
 2619  and flow of springs.
 2620         (f)The council shall also give increased priority to those
 2621  Projects for which where the state’s land conservation plans
 2622  overlap with the military’s need to protect lands, water, and
 2623  habitat to ensure the sustainability of military missions
 2624  including:
 2625         1.(a) Protecting habitat on nonmilitary land for any
 2626  species found on military land that is designated as threatened
 2627  or endangered, or is a candidate for such designation under the
 2628  Endangered Species Act or any Florida statute;
 2629         2.(b) Protecting areas underlying low-level military air
 2630  corridors or operating areas; and
 2631         3.(c) Protecting areas identified as clear zones, accident
 2632  potential zones, and air installation compatible use buffer
 2633  zones delineated by our military partners, and for which federal
 2634  or other funding is available to assist with the project.
 2635         (13) An affirmative vote of at least five members of the
 2636  Acquisition and Restoration council shall be required in order
 2637  to place a proposed project submitted pursuant to subsection (7)
 2638  on the proposed project list developed pursuant to subsection
 2639  (8). Any member of the council who by family or a business
 2640  relationship has a connection with any project proposed to be
 2641  ranked shall declare such interest before prior to voting for a
 2642  project’s inclusion on the list.
 2643         (15) The Acquisition and Restoration council shall submit
 2644  to the board of trustees, with its list of projects, a report
 2645  that includes, but need shall not be limited to, the following
 2646  information for each project listed:
 2647         (i) A management policy statement for the project and a
 2648  management prospectus pursuant to s. 259.032(7)(c)
 2649  259.032(7)(d).
 2650         (19) The Acquisition and Restoration council shall
 2651  recommend adoption of rules by the board of trustees necessary
 2652  to implement the provisions of this section relating to:
 2653  solicitation, scoring, selecting, and ranking of Florida Forever
 2654  project proposals; disposing of or leasing lands or water areas
 2655  selected for funding through the Florida Forever program; and
 2656  the process of reviewing and recommending for approval or
 2657  rejection the land management plans associated with publicly
 2658  owned properties. Rules promulgated pursuant to this subsection
 2659  shall be submitted to the President of the Senate and the
 2660  Speaker of the House of Representatives, for review by the
 2661  Legislature, no later than 30 days prior to the 2010 Regular
 2662  Session and shall become effective only after legislative
 2663  review. In its review, the Legislature may reject, modify, or
 2664  take no action relative to such rules. The board of trustees
 2665  shall conform such rules to changes made by the Legislature, or,
 2666  if no action was taken by the Legislature, such rules shall
 2667  become effective.
 2668         Section 23. Subsections (6) and (7) of section 259.1052,
 2669  Florida Statutes, are amended to read:
 2670         259.1052 Babcock Crescent B Ranch Florida Forever
 2671  acquisition; conditions for purchase.—
 2672         (6)In addition to distributions authorized under s.
 2673  259.105(3), the Department of Environmental Protection is
 2674  authorized to distribute $310 million in revenues from the
 2675  Florida Forever Trust Fund. This distribution shall represent
 2676  payment in full for the portion of the Babcock Crescent B Ranch
 2677  to be acquired by the state under this section.
 2678         (7)As used in this section, the term “state’s portion of
 2679  the Babcock Crescent B Ranch” comprises those lands to be
 2680  conveyed by special warranty deed to the Board of Trustees of
 2681  the Internal Improvement Trust Fund under the provisions of the
 2682  agreement for sale and purchase executed by the Board of
 2683  Trustees of the Internal Improvement Trust Fund, the Fish and
 2684  Wildlife Conservation Commission, the Department of Agriculture
 2685  and Consumer Services, and the participating local government,
 2686  as purchaser, and MSKP, III, a Florida corporation, as seller.
 2687         Section 24. Section 570.715, Florida Statutes, is created,
 2688  and subsection (7) of section 259.041, Florida Statutes, is
 2689  transferred, renumbered as subsection (5) of section 570.715,
 2690  Florida Statutes, and amended, to read:
 2691         570.715Conservation easement acquisition procedures.—
 2692         (1)For less than fee simple acquisitions pursuant to s.
 2693  570.71, the Department of Agriculture and Consumer Services
 2694  shall comply with the following acquisition procedures:
 2695         (a)Before conveyance of title by the department, evidence
 2696  of marketable title in the form of a commitment for title
 2697  insurance or an abstract of title with a title opinion shall be
 2698  obtained.
 2699         (b)Before approval by the board of trustees of an
 2700  agreement to purchase less than fee simple title to land
 2701  pursuant to s. 570.71, an appraisal of the parcel shall be
 2702  required as follows:
 2703         1.Each parcel to be acquired shall have at least one
 2704  appraisal. Two appraisals are required when the estimated value
 2705  of the parcel exceeds $1 million. However, when both appraisals
 2706  exceed $1 million and differ significantly, a third appraisal
 2707  may be obtained.
 2708         2.Appraisal fees and associated costs shall be paid by the
 2709  department. All appraisals used for the acquisition of less than
 2710  fee simple interest in lands pursuant to this section shall be
 2711  prepared by a state-certified appraiser who meets the standards
 2712  and criteria established by rule of the board of trustees. Each
 2713  appraiser selected to appraise a particular parcel shall, before
 2714  contracting with the department or a participant in a multiparty
 2715  agreement, submit to the department or participant an affidavit
 2716  substantiating that he or she has no vested or fiduciary
 2717  interest in such parcel.
 2718         (c)A certified survey must be made that meets the minimum
 2719  requirements for upland parcels established in the Standards of
 2720  Practice for Land Surveying in Florida published by the
 2721  department and that accurately portrays, to the greatest extent
 2722  practicable, the condition of the parcel as it currently exists.
 2723  The requirement for a certified survey may, in whole or in part,
 2724  be waived by the board of trustees any time before acquisition
 2725  of the less than fee simple interest. If an existing boundary
 2726  map and description of a parcel are determined by the department
 2727  to be sufficient for appraisal purposes, the department may
 2728  temporarily waive the requirement for a survey until any time
 2729  before conveyance of title to the parcel.
 2730         (d)On behalf of the board of trustees and before the
 2731  appraisal of parcels approved for purchase under ss.
 2732  259.105(3)(i) and 570.71, the department may enter into option
 2733  contracts to buy less than fee simple interest in such parcels.
 2734  Any such option contract shall state that the final purchase
 2735  price is subject to approval by the board of trustees and that
 2736  the final purchase price may not exceed the maximum offer
 2737  authorized by law. Any such option contract presented to the
 2738  board of trustees for final purchase price approval shall
 2739  explicitly state that payment of the final purchase price is
 2740  subject to an appropriation by the Legislature. The
 2741  consideration for any such option contract may not exceed $1,000
 2742  or 0.01 percent of the estimate by the department of the value
 2743  of the parcel, whichever amount is greater.
 2744         (e)A final offer shall be in the form of an option
 2745  contract or agreement for purchase of the less than fee simple
 2746  interest and shall be signed and attested to by the owner and
 2747  the department. Before the department signs the agreement for
 2748  purchase of the less than fee simple interest or exercises the
 2749  option contract, the requirements of s. 286.23 shall be complied
 2750  with.
 2751         (f)The procedures provided in s. 253.025(9)(a)–(d) and
 2752  (10) shall be followed.
 2753         (2)If the public’s interest is reasonably protected, the
 2754  board of trustees may:
 2755         (a)Waive any requirement of this section.
 2756         (b)Waive any rules adopted pursuant to s. 570.71,
 2757  notwithstanding chapter 120.
 2758         (c)Substitute any other reasonably prudent procedures,
 2759  including federally mandated acquisition procedures, for the
 2760  procedures in this section, if federal funds are available and
 2761  will be used for the purchase of a less than fee simple interest
 2762  in lands, title to which will vest in the board of trustees, and
 2763  qualification for such federal funds requires compliance with
 2764  federally mandated acquisition procedures.
 2765         (3)The less than fee simple land acquisition procedures
 2766  provided in this section are for voluntary, negotiated
 2767  acquisitions.
 2768         (4)For purposes of this section, the term “negotiations”
 2769  does not include preliminary contacts with the property owner to
 2770  determine availability or eligibility of the property, existing
 2771  appraisal data, existing abstracts, and surveys.
 2772         (5)(7)Prior to approval by the board of trustees or, when
 2773  applicable, the Department of Environmental Protection, of any
 2774  agreement to purchase land pursuant to this chapter, chapter
 2775  260, or chapter 375, and prior to negotiations with the parcel
 2776  owner to purchase any other land, title to which will vest in
 2777  the board of trustees, an appraisal of the parcel shall be
 2778  required as follows:
 2779         (a)The board of trustees shall adopt by rule the method
 2780  for determining the value of parcels sought to be acquired by
 2781  state agencies pursuant to this section.
 2782         (b)Each parcel to be acquired shall have at least one
 2783  appraisal. Two appraisals are required when the estimated value
 2784  of the parcel exceeds $1 million. However, when both appraisals
 2785  exceed $1 million and differ significantly, a third appraisal
 2786  may be obtained. When a parcel is estimated to be worth $100,000
 2787  or less and the director of the Division of State Lands finds
 2788  that the cost of obtaining an outside appraisal is not
 2789  justified, an appraisal prepared by the division may be used.
 2790         (c)Appraisal fees and associated costs shall be paid by
 2791  the agency proposing the acquisition. The board of trustees
 2792  shall approve qualified fee appraisal organizations. All
 2793  appraisals used for the acquisition of lands pursuant to this
 2794  section shall be prepared by a member of an approved appraisal
 2795  organization or by a state-certified appraiser who meets the
 2796  standards and criteria established in rule by the board of
 2797  trustees. Each fee appraiser selected to appraise a particular
 2798  parcel shall, prior to contracting with the agency or a
 2799  participant in a multiparty agreement, submit to that agency or
 2800  participant an affidavit substantiating that he or she has no
 2801  vested or fiduciary interest in such parcel.
 2802         (d)The fee appraiser and the review appraiser for the
 2803  agency shall not act in any way that may be construed as
 2804  negotiating with the property owner.
 2805         (e)Generally, Appraisal reports are confidential and
 2806  exempt from the provisions of s. 119.07(1), for use by the
 2807  department agency and the board of trustees, until an option
 2808  contract is executed or, if an no option contract is not
 2809  executed, until 2 weeks before a contract or agreement for
 2810  purchase is considered for approval by the board of trustees.
 2811  However, the department has the authority, at its discretion, to
 2812  disclose appraisal reports to private landowners during
 2813  negotiations for acquisitions using alternatives to fee simple
 2814  techniques, if the department determines that disclosure of such
 2815  reports will bring the proposed acquisition to closure. The
 2816  department Division of State Lands may also disclose appraisal
 2817  information to public agencies or nonprofit organizations that
 2818  agree to maintain the confidentiality of the reports or
 2819  information when joint acquisition of property is contemplated,
 2820  or when a public agency or nonprofit organization enters into a
 2821  written multiparty agreement with the department division to
 2822  purchase and hold property for subsequent resale to the
 2823  division. In addition, the division may use, as its own,
 2824  appraisals obtained by a public agency or nonprofit
 2825  organization, provided the appraiser is selected from the
 2826  division’s list of appraisers and the appraisal is reviewed and
 2827  approved by the division. For the purposes of this subsection
 2828  chapter, the term “nonprofit organization” means an organization
 2829  whose purposes include the preservation of natural resources,
 2830  and which is exempt from federal income tax under s. 501(c)(3)
 2831  of the Internal Revenue Code. The department agency may release
 2832  an appraisal report when the passage of time has rendered the
 2833  conclusions of value in the report invalid or when the
 2834  department acquiring agency has terminated negotiations.
 2835         (f)The Division of State Lands may use, as its own,
 2836  appraisals obtained by a public agency or nonprofit
 2837  organization, provided that the appraiser is selected from the
 2838  division’s list of appraisers and the appraisal is reviewed and
 2839  approved by the division. For the purposes of this chapter, the
 2840  term “nonprofit organization” means an organization whose
 2841  purposes include the preservation of natural resources and which
 2842  is exempt from federal income tax under s. 501(c)(3) of the
 2843  Internal Revenue Code.
 2844  
 2845  Notwithstanding the provisions of this subsection, on behalf of
 2846  the board and before the appraisal of parcels approved for
 2847  purchase under this chapter, the Secretary of Environmental
 2848  Protection or the director of the Division of State Lands may
 2849  enter into option contracts to buy such parcels. Any such option
 2850  contract shall state that the final purchase price is subject to
 2851  approval by the board or, when applicable, the secretary and
 2852  that the final purchase price may not exceed the maximum offer
 2853  allowed by law. Any such option contract presented to the board
 2854  for final purchase price approval shall explicitly state that
 2855  payment of the final purchase price is subject to an
 2856  appropriation from the Legislature. The consideration for such
 2857  an option may not exceed $1,000 or 0.01 percent of the estimate
 2858  by the department of the value of the parcel, whichever amount
 2859  is greater.
 2860         Section 25. Subsections (1), (3), and (7) of section
 2861  373.089, Florida Statutes, are amended, and subsection (8) is
 2862  added to that section, to read:
 2863         373.089 Sale or exchange of lands, or interests or rights
 2864  in lands.—The governing board of the district may sell lands, or
 2865  interests or rights in lands, to which the district has acquired
 2866  title or to which it may hereafter acquire title in the
 2867  following manner:
 2868         (1) Any lands, or interests or rights in lands, determined
 2869  by the governing board to be surplus may be sold by the
 2870  district, at any time, for the highest price obtainable;
 2871  however, in no case shall the selling price be less than the
 2872  appraised value of the lands, or interests or rights in lands,
 2873  as determined by a certified appraisal obtained within 360 120
 2874  days before the effective date of a contract for sale.
 2875         (3) Before selling any surplus land, or interests or rights
 2876  in land, it shall be the duty of the district to cause a notice
 2877  of intention to sell to be published in a newspaper published in
 2878  the county in which the land, or interests or rights in the
 2879  land, is situated once each week for 3 successive weeks, (three
 2880  insertions being sufficient.), The first publication of the
 2881  required notice must occur at least which shall be not less than
 2882  30 days, but not nor more than 360 45 days, before prior to any
 2883  sale and must include, which notice shall set forth a
 2884  description of lands, or interests or rights in lands, to be
 2885  offered for sale.
 2886         (7) Notwithstanding other provisions of this section, the
 2887  governing board shall first offer title to lands acquired in
 2888  whole or in part with Florida Forever funds which are determined
 2889  to be no longer needed for conservation purposes to the Board of
 2890  Trustees of the Internal Improvement Trust Fund unless the
 2891  disposition of those lands is for the following purposes:
 2892         (a) Linear facilities, including electric transmission and
 2893  distribution facilities, telecommunication transmission and
 2894  distribution facilities, pipeline transmission and distribution
 2895  facilities, public transportation corridors, and related
 2896  appurtenances.
 2897         (b) The disposition of the fee interest in the land where a
 2898  conservation easement is retained by the district to fulfill the
 2899  conservation objectives for which the land was acquired.
 2900         (c) An exchange of the land for other lands that meet or
 2901  exceed the conservation objectives for which the original land
 2902  was acquired in accordance with subsection (4).
 2903         (d) To be used by a governmental entity for a public
 2904  purpose.
 2905         (e) The portion of an overall purchase deemed surplus at
 2906  the time of the acquisition.
 2907         (8)If a parcel of land is no longer essential or necessary
 2908  for conservation purposes and is valued at $25,000 or less as
 2909  determined by a certified appraisal obtained within 360 days
 2910  before the effective date of a contract for the sale, the
 2911  governing board may determine that the parcel of land is
 2912  surplus. The notice of intention to sell must be published as
 2913  required under subsection (3), one time only. The governing
 2914  board shall send the notice of intention to sell the parcel to
 2915  adjacent property owners by certified mail and publish the
 2916  notice on its website.
 2917         (a) Fourteen days after publication of such notice, the
 2918  district may sell the parcel to an adjacent property owner or,
 2919  if there are two or more owners of adjacent property, accept
 2920  sealed bids and sell the parcel to the highest bidder or reject
 2921  all offers.
 2922         (b) Thirty days after publication of such notice, the
 2923  district shall accept sealed bids and may sell the parcel to the
 2924  highest bidder or reject all offers.
 2925  
 2926  If In the event the Board of Trustees of the Internal
 2927  Improvement Trust Fund declines to accept title to the lands
 2928  offered under this section, the land may be disposed of by the
 2929  district under the provisions of this section.
 2930         Section 26. Paragraph (d) of subsection (1) of section
 2931  73.015, Florida Statutes, is amended to read:
 2932         73.015 Presuit negotiation.—
 2933         (1) Effective July 1, 2000, before an eminent domain
 2934  proceeding is brought under this chapter or chapter 74, the
 2935  condemning authority must attempt to negotiate in good faith
 2936  with the fee owner of the parcel to be acquired, must provide
 2937  the fee owner with a written offer and, if requested, a copy of
 2938  the appraisal upon which the offer is based, and must attempt to
 2939  reach an agreement regarding the amount of compensation to be
 2940  paid for the parcel.
 2941         (d) Notwithstanding this subsection, with respect to lands
 2942  acquired under s. 253.025 259.041, the condemning authority is
 2943  not required to give the fee owner the current appraisal before
 2944  executing an option contract.
 2945         Section 27. Paragraph (b) of subsection (1) of section
 2946  125.355, Florida Statutes, is amended to read:
 2947         125.355 Proposed purchase of real property by county;
 2948  confidentiality of records; procedure.—
 2949         (1)
 2950         (b) If the exemptions provided in this section are
 2951  utilized, the governing body shall obtain at least one appraisal
 2952  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 2953  for each purchase in an amount of not more than $500,000. For
 2954  each purchase in an amount in excess of $500,000, the governing
 2955  body shall obtain at least two appraisals by appraisers approved
 2956  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 2957  price exceeds the average appraised price of the two appraisals,
 2958  the governing body is required to approve the purchase by an
 2959  extraordinary vote. The governing body may, by ordinary vote,
 2960  exempt a purchase in an amount of $100,000 or less from the
 2961  requirement for an appraisal.
 2962         Section 28. Paragraph (b) of subsection (1) of section
 2963  166.045, Florida Statutes, is amended to read:
 2964         166.045 Proposed purchase of real property by municipality;
 2965  confidentiality of records; procedure.—
 2966         (1)
 2967         (b) If the exemptions provided in this section are
 2968  utilized, the governing body shall obtain at least one appraisal
 2969  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 2970  for each purchase in an amount of not more than $500,000. For
 2971  each purchase in an amount in excess of $500,000, the governing
 2972  body shall obtain at least two appraisals by appraisers approved
 2973  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 2974  price exceeds the average appraised price of the two appraisals,
 2975  the governing body is required to approve the purchase by an
 2976  extraordinary vote. The governing body may, by ordinary vote,
 2977  exempt a purchase in an amount of $100,000 or less from the
 2978  requirement for an appraisal.
 2979         Section 29. Subsection (2) of section 215.82, Florida
 2980  Statutes, is amended to read:
 2981         215.82 Validation; when required.—
 2982         (2) Any bonds issued pursuant to this act which are
 2983  validated shall be validated in the manner provided by chapter
 2984  75. In actions to validate bonds to be issued in the name of the
 2985  State Board of Education under s. 9(a) and (d), Art. XII of the
 2986  State Constitution and bonds to be issued pursuant to chapter
 2987  259, the Land Conservation Program Act of 1972, the complaint
 2988  shall be filed in the circuit court of the county where the seat
 2989  of state government is situated, the notice required to be
 2990  published by s. 75.06 shall be published only in the county
 2991  where the complaint is filed, and the complaint and order of the
 2992  circuit court shall be served only on the state attorney of the
 2993  circuit in which the action is pending. In any action to
 2994  validate bonds issued pursuant to s. 1010.62 or issued pursuant
 2995  to s. 9(a)(1), Art. XII of the State Constitution or issued
 2996  pursuant to s. 215.605 or s. 338.227, the complaint shall be
 2997  filed in the circuit court of the county where the seat of state
 2998  government is situated, the notice required to be published by
 2999  s. 75.06 shall be published in a newspaper of general
 3000  circulation in the county where the complaint is filed and in
 3001  two other newspapers of general circulation in the state, and
 3002  the complaint and order of the circuit court shall be served
 3003  only on the state attorney of the circuit in which the action is
 3004  pending; provided, however, that if publication of notice
 3005  pursuant to this section would require publication in more
 3006  newspapers than would publication pursuant to s. 75.06, such
 3007  publication shall be made pursuant to s. 75.06.
 3008         Section 30. Section 215.965, Florida Statutes, is amended
 3009  to read:
 3010         215.965 Disbursement of state moneys.—Except as provided in
 3011  s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
 3012  717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
 3013  moneys in the State Treasury shall be disbursed by state
 3014  warrant, drawn by the Chief Financial Officer upon the State
 3015  Treasury and payable to the ultimate beneficiary. This
 3016  authorization shall include electronic disbursement.
 3017         Section 31. Subsection (8) of section 253.027, Florida
 3018  Statutes, is amended to read:
 3019         253.027 Emergency archaeological property acquisition.—
 3020         (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
 3021  of the Internal Improvement Trust Fund may waive or limit any
 3022  appraisal or survey requirements in s. 253.025 259.041, if
 3023  necessary to effectuate the purposes of this section. Fee simple
 3024  title is not required to be conveyed if some lesser interest
 3025  will allow the preservation of the archaeological resource.
 3026  Properties purchased pursuant to this section shall be
 3027  considered archaeologically unique or significant properties and
 3028  may be purchased under the provisions of s. 253.025(9)
 3029  253.025(7).
 3030         Section 32. Section 253.7824, Florida Statutes, is amended
 3031  to read:
 3032         253.7824 Sale of products; proceeds.—The Department of
 3033  Environmental Protection may authorize the removal and sale of
 3034  products from the land where environmentally appropriate, the
 3035  proceeds from which shall be deposited into the appropriate
 3036  trust fund in accordance with the same disposition provided
 3037  under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
 3038  sale of land.
 3039         Section 33. Paragraphs (b) and (c) of subsection (2) of
 3040  section 260.015, Florida Statutes, are amended to read:
 3041         260.015 Acquisition of land.—
 3042         (2) For purposes of the Florida Greenways and Trails
 3043  Program, the board may:
 3044         (b) Accept title to abandoned railroad rights-of-way which
 3045  is conveyed by quitclaim deed through purchase, dedication,
 3046  gift, grant, or settlement, notwithstanding s. 253.025
 3047  259.041(1).
 3048         (c) Enter into an agreement or, upon delegation, the
 3049  department may enter into an agreement, with a nonprofit
 3050  corporation, as defined in s. 253.025 259.041(7)(e), to assume
 3051  responsibility for acquisition of lands pursuant to this
 3052  section. The agreement may transfer responsibility for all
 3053  matters which may be delegated or waived pursuant to s. 253.025
 3054  259.041(1).
 3055         Section 34. Paragraph (b) of subsection (3) of section
 3056  260.016, Florida Statutes, is amended to read:
 3057         260.016 General powers of the department.—
 3058         (3) The department or its designee is authorized to
 3059  negotiate with potentially affected private landowners as to the
 3060  terms under which such landowners would consent to the public
 3061  use of their lands as part of the greenways and trails system.
 3062  The department shall be authorized to agree to incentives for a
 3063  private landowner who consents to this public use of his or her
 3064  lands for conservation or recreational purposes, including, but
 3065  not limited to, the following:
 3066         (b) Agreement to exchange, subject to the approval of the
 3067  board of Trustees of the Internal Improvement Trust Fund or
 3068  other applicable unit of government, ownership or other rights
 3069  of use of public lands for the ownership or other rights of use
 3070  of privately owned lands. Any exchange of state-owned lands,
 3071  title to which is vested in the board of Trustees of the
 3072  Internal Improvement Trust Fund, for privately owned lands shall
 3073  be subject to the requirements of s. 253.025 259.041.
 3074         Section 35. Subsections (6) and (7) of section 369.317,
 3075  Florida Statutes, are amended to read:
 3076         369.317 Wekiva Parkway.—
 3077         (6) The Central Florida Expressway Authority is hereby
 3078  granted the authority to act as a third-party acquisition agent,
 3079  pursuant to s. 253.025 259.041 on behalf of the Board of
 3080  Trustees of the Internal Improvement Trust Fund or chapter 373
 3081  on behalf of the governing board of the St. Johns River Water
 3082  Management District, for the acquisition of all necessary lands,
 3083  property and all interests in property identified herein,
 3084  including fee simple or less than fee less-than-fee simple
 3085  interests. The lands subject to this authority are identified in
 3086  paragraph 10.a., State of Florida, Office of the Governor,
 3087  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 3088  of the Wekiva Basin Area Task Force created by Executive Order
 3089  2002-259, such lands otherwise known as Neighborhood Lakes, a
 3090  1,587+/-acre parcel located in Orange and Lake Counties within
 3091  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 3092  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 3093  Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
 3094  County within Section 37, Township 19 South, Range 28 East; New
 3095  Garden Coal; a 1,605+/-acre parcel in Lake County within
 3096  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 3097  East; Pine Plantation, a 617+/-acre tract consisting of eight
 3098  individual parcels within the Apopka City limits. The Department
 3099  of Transportation, the Department of Environmental Protection,
 3100  the St. Johns River Water Management District, and other land
 3101  acquisition entities shall participate and cooperate in
 3102  providing information and support to the third-party acquisition
 3103  agent. The land acquisition process authorized by this paragraph
 3104  shall begin no later than December 31, 2004. Acquisition of the
 3105  properties identified as Neighborhood Lakes, Pine Plantation,
 3106  and New Garden Coal, or approval as a mitigation bank shall be
 3107  concluded no later than December 31, 2010. Department of
 3108  Transportation and Central Florida Expressway Authority funds
 3109  expended to purchase an interest in those lands identified in
 3110  this subsection shall be eligible as environmental mitigation
 3111  for road construction related impacts in the Wekiva Study Area.
 3112  If any of the lands identified in this subsection are used as
 3113  environmental mitigation for road-construction-related impacts
 3114  incurred by the Department of Transportation or Central Florida
 3115  Expressway Authority, or for other impacts incurred by other
 3116  entities, within the Wekiva Study Area or within the Wekiva
 3117  parkway alignment corridor, and if the mitigation offsets these
 3118  impacts, the St. Johns River Water Management District and the
 3119  Department of Environmental Protection shall consider the
 3120  activity regulated under part IV of chapter 373 to meet the
 3121  cumulative impact requirements of s. 373.414(8)(a).
 3122         (a) Acquisition of the land described in this section is
 3123  required to provide right-of-way for the Wekiva Parkway, a
 3124  limited access roadway linking State Road 429 to Interstate 4,
 3125  an essential component in meeting regional transportation needs
 3126  to provide regional connectivity, improve safety, accommodate
 3127  projected population and economic growth, and satisfy critical
 3128  transportation requirements caused by increased traffic volume
 3129  growth and travel demands.
 3130         (b) Acquisition of the lands described in this section is
 3131  also required to protect the surface water and groundwater
 3132  resources of Lake, Orange, and Seminole counties, otherwise
 3133  known as the Wekiva Study Area, including recharge within the
 3134  springshed that provides for the Wekiva River system. Protection
 3135  of this area is crucial to the long term viability of the Wekiva
 3136  River and springs and the central Florida region’s water supply.
 3137  Acquisition of the lands described in this section is also
 3138  necessary to alleviate pressure from growth and development
 3139  affecting the surface and groundwater resources within the
 3140  recharge area.
 3141         (c) Lands acquired pursuant to this section that are needed
 3142  for transportation facilities for the Wekiva Parkway shall be
 3143  determined not necessary for conservation purposes pursuant to
 3144  ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
 3145  to or retained by the Central Florida Expressway Authority or
 3146  the Department of Transportation upon reimbursement of the full
 3147  purchase price and acquisition costs.
 3148         (7) The Department of Transportation, the Department of
 3149  Environmental Protection, the St. Johns River Water Management
 3150  District, Central Florida Expressway Authority, and other land
 3151  acquisition entities shall cooperate and establish funding
 3152  responsibilities and partnerships by agreement to the extent
 3153  funds are available to the various entities. Properties acquired
 3154  with Florida Forever funds shall be in accordance with s.
 3155  253.025 259.041 or chapter 373. The Central Florida Expressway
 3156  Authority shall acquire land in accordance with this section of
 3157  law to the extent funds are available from the various funding
 3158  partners; however, the authority is, but shall not be required
 3159  or nor assumed to fund the land acquisition beyond the agreement
 3160  and funding provided by the various land acquisition entities.
 3161         Section 36. Paragraph (a) of subsection (3) of section
 3162  373.139, Florida Statutes, is amended to read:
 3163         373.139 Acquisition of real property.—
 3164         (3) The initial 5-year work plan and any subsequent
 3165  modifications or additions thereto shall be adopted by each
 3166  water management district after a public hearing. Each water
 3167  management district shall provide at least 14 days’ advance
 3168  notice of the hearing date and shall separately notify each
 3169  county commission within which a proposed work plan project or
 3170  project modification or addition is located of the hearing date.
 3171         (a) Appraisal reports, offers, and counteroffers are
 3172  confidential and exempt from the provisions of s. 119.07(1)
 3173  until an option contract is executed or, if no option contract
 3174  is executed, until 30 days before a contract or agreement for
 3175  purchase is considered for approval by the governing board.
 3176  However, each district may, at its discretion, disclose
 3177  appraisal reports to private landowners during negotiations for
 3178  acquisitions using alternatives to fee simple techniques, if the
 3179  district determines that disclosure of such reports will bring
 3180  the proposed acquisition to closure. If In the event that
 3181  negotiation is terminated by the district, the appraisal report,
 3182  offers, and counteroffers shall become available pursuant to s.
 3183  119.07(1). Notwithstanding the provisions of this section and s.
 3184  253.025 259.041, a district and the Division of State Lands may
 3185  share and disclose appraisal reports, appraisal information,
 3186  offers, and counteroffers when joint acquisition of property is
 3187  contemplated. A district and the Division of State Lands shall
 3188  maintain the confidentiality of such appraisal reports,
 3189  appraisal information, offers, and counteroffers in conformance
 3190  with this section and s. 253.025 259.041, except in those cases
 3191  in which a district and the division have exercised discretion
 3192  to disclose such information. A district may disclose appraisal
 3193  information, offers, and counteroffers to a third party who has
 3194  entered into a contractual agreement with the district to work
 3195  with or on the behalf of or to assist the district in connection
 3196  with land acquisitions. The third party shall maintain the
 3197  confidentiality of such information in conformance with this
 3198  section. In addition, a district may use, as its own, appraisals
 3199  obtained by a third party provided the appraiser is selected
 3200  from the district’s list of approved appraisers and the
 3201  appraisal is reviewed and approved by the district.
 3202         Section 37. Subsection (8) of section 375.031, Florida
 3203  Statutes, is amended to read:
 3204         375.031 Acquisition of land; procedures.—
 3205         (8) The department may, if it deems it desirable and in the
 3206  best interest of the program, request the board of trustees to
 3207  sell or otherwise dispose of any lands or water storage areas
 3208  acquired under this act. The board of trustees, when so
 3209  requested, shall offer the lands or water storage areas, on such
 3210  terms as the department may determine, first to other state
 3211  agencies and then, if still available, to the county or
 3212  municipality in which the lands or water storage areas lie. If
 3213  not acquired by another state agency or local governmental body
 3214  for beneficial public purposes, the lands or water storage areas
 3215  shall then be offered by the board of trustees at public sale,
 3216  after first giving notice of such sale by publication in a
 3217  newspaper published in the county or counties in which such
 3218  lands or water storage areas lie not less than once a week for 3
 3219  consecutive weeks. All proceeds from the sale or disposition of
 3220  any lands or water storage areas pursuant to this section shall
 3221  be deposited into the appropriate trust fund pursuant to s.
 3222  253.0341 253.034(6)(k), (l), or (m).
 3223         Section 38. Subsection (2) of section 375.041, Florida
 3224  Statutes, is amended to read:
 3225         375.041 Land Acquisition Trust Fund.—
 3226         (2) All moneys and revenue from the sale or other
 3227  disposition of land, water areas, or related resources acquired
 3228  on or after July 1, 2015, for the purposes of s. 28, Art. X of
 3229  the State Constitution shall be deposited into or credited to
 3230  the Land Acquisition Trust Fund, except as otherwise provided
 3231  pursuant to s. 253.0341 253.034(6)(l).
 3232         Section 39. Paragraph (a) of subsection (1) of section
 3233  380.05, Florida Statutes, is amended to read:
 3234         380.05 Areas of critical state concern.—
 3235         (1)(a) The state land planning agency may from time to time
 3236  recommend to the Administration Commission specific areas of
 3237  critical state concern. In its recommendation, the agency shall
 3238  include recommendations with respect to the purchase of lands
 3239  situated within the boundaries of the proposed area as
 3240  environmentally endangered lands and outdoor recreation lands
 3241  under the Land Conservation Program Act of 1972. The agency also
 3242  shall include any report or recommendation of a resource
 3243  planning and management committee appointed pursuant to s.
 3244  380.045; the dangers that would result from uncontrolled or
 3245  inadequate development of the area and the advantages that would
 3246  be achieved from the development of the area in a coordinated
 3247  manner; a detailed boundary description of the proposed area;
 3248  specific principles for guiding development within the area; an
 3249  inventory of lands owned by the state, federal, county, and
 3250  municipal governments within the proposed area; and a list of
 3251  the state agencies with programs that affect the purpose of the
 3252  designation. The agency shall recommend actions which the local
 3253  government and state and regional agencies must accomplish in
 3254  order to implement the principles for guiding development. These
 3255  actions may include, but need shall not be limited to, revisions
 3256  of the local comprehensive plan and adoption of land development
 3257  regulations, density requirements, and special permitting
 3258  requirements.
 3259         Section 40. Paragraph (b) of subsection (5) of section
 3260  380.055, Florida Statutes, is amended to read:
 3261         380.055 Big Cypress Area.—
 3262         (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
 3263         (b) The Board of Trustees of the Internal Improvement Trust
 3264  Fund shall set aside from the proceeds of the full faith and
 3265  credit bonds authorized by the Land Conservation Program Act of
 3266  1972, or from other funds authorized, appropriated, or allocated
 3267  for the acquisition of environmentally endangered lands, or from
 3268  both sources, $40 million for acquisition of the area proposed
 3269  as the Federal Big Cypress National Preserve, Florida, or
 3270  portions thereof.
 3271         Section 41. Paragraph (f) of subsection (4) of section
 3272  380.508, Florida Statutes, is amended to read:
 3273         380.508 Projects; development, review, and approval.—
 3274         (4) Projects or activities which the trust undertakes,
 3275  coordinates, or funds in any manner shall comply with the
 3276  following guidelines:
 3277         (f) The trust shall cooperate with local governments, state
 3278  agencies, federal agencies, and nonprofit organizations in
 3279  ensuring the reservation of lands for parks, recreation, fish
 3280  and wildlife habitat, historical preservation, or scientific
 3281  study. If any local government, state agency, federal agency, or
 3282  nonprofit organization is unable, due to limited financial
 3283  resources or other circumstances of a temporary nature, to
 3284  acquire a site for the purposes described in this paragraph, the
 3285  trust may acquire and hold the site for subsequent conveyance to
 3286  the appropriate governmental agency or nonprofit organization.
 3287  The trust may provide such technical assistance as required to
 3288  aid local governments, state and federal agencies, and nonprofit
 3289  organizations in completing acquisition and related functions.
 3290  The trust may not reserve lands acquired in accordance with this
 3291  paragraph for more than 5 years from the time of acquisition. A
 3292  local government, federal or state agency, or nonprofit
 3293  organization may acquire the land at any time during this period
 3294  for public purposes. The purchase price shall be based upon the
 3295  trust’s cost of acquisition, plus administrative and management
 3296  costs in reserving the land. The payment of the purchase price
 3297  shall be by money, trust-approved property of an equivalent
 3298  value, or a combination of money and trust-approved property.
 3299  If, after the 5-year period, the trust has not sold to a
 3300  governmental agency or nonprofit organization land acquired for
 3301  site reservation, the trust shall dispose of such land at fair
 3302  market value or shall trade it for other land of comparable
 3303  value which will serve to accomplish the purposes of this part.
 3304  Any proceeds from the sale of such land received by the
 3305  department shall be deposited into the appropriate trust fund
 3306  pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
 3307  
 3308  Project costs may include costs of providing parks, open space,
 3309  public access sites, scenic easements, and other areas and
 3310  facilities serving the public where such features are part of a
 3311  project plan approved according to this part. In undertaking or
 3312  coordinating projects or activities authorized by this part, the
 3313  trust shall, when appropriate, use and promote the use of
 3314  creative land acquisition methods, including the acquisition of
 3315  less than fee interest through, among other methods,
 3316  conservation easements, transfer of development rights, leases,
 3317  and leaseback arrangements. The trust shall assist local
 3318  governments in the use of sound alternative methods of financing
 3319  for funding projects and activities authorized under this part.
 3320  Any funds over and above eligible project costs, which remain
 3321  after completion of a project approved according to this part,
 3322  shall be transmitted to the state and deposited into the Florida
 3323  Forever Trust Fund.
 3324         Section 42. Section 589.07, Florida Statutes, is amended to
 3325  read:
 3326         589.07 Florida Forest Service may acquire lands for forest
 3327  purposes.—The Florida Forest Service, on behalf of the state and
 3328  subject to the restrictions mentioned in s. 589.08, may acquire
 3329  lands, suitable for state forest purposes, by gift, donation,
 3330  contribution, purchase, or otherwise and may enter into
 3331  agreements with the Federal Government, or other agency, for
 3332  acquiring by gift, purchase, or otherwise, such lands as are, in
 3333  the judgment of the Florida Forest Service, suitable and
 3334  desirable for state forests. The acquisition procedures for
 3335  state lands provided in s. 253.025 259.041 do not apply to
 3336  acquisition of land by the Florida Forest Service.
 3337         Section 43. Paragraphs (a) and (b) of subsection (4) of
 3338  section 944.10, Florida Statutes, are amended to read:
 3339         944.10 Department of Corrections to provide buildings; sale
 3340  and purchase of land; contracts to provide services and inmate
 3341  labor.—
 3342         (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3343  the department finds it to be necessary for timely site
 3344  acquisition, it may contract without the need for competitive
 3345  selection with one or more appraisers whose names are contained
 3346  on the list of approved appraisers maintained by the Division of
 3347  State Lands of the Department of Environmental Protection in
 3348  accordance with s. 253.025(8) 253.025(6)(b). In those instances
 3349  in which the department directly contracts for appraisal
 3350  services, it must also contract with an approved appraiser who
 3351  is not employed by the same appraisal firm for review services.
 3352         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3353  department may negotiate and enter into an option contract
 3354  before an appraisal is obtained. The option contract must state
 3355  that the final purchase price cannot exceed the maximum value
 3356  allowed by law. The consideration for such an option contract
 3357  may not exceed 10 percent of the estimate obtained by the
 3358  department or 10 percent of the value of the parcel, whichever
 3359  amount is greater.
 3360         Section 44. Subsections (6) and (7) of section 957.04,
 3361  Florida Statutes, are amended to read:
 3362         957.04 Contract requirements.—
 3363         (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
 3364  Trustees of the Internal Improvement Trust Fund need not approve
 3365  a lease-purchase agreement negotiated by the Department of
 3366  Management Services if the Department of Management Services
 3367  finds that there is a need to expedite the lease-purchase.
 3368         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3369  the Department of Management Services finds it to be in the best
 3370  interest of timely site acquisition, it may contract without the
 3371  need for competitive selection with one or more appraisers whose
 3372  names are contained on the list of approved appraisers
 3373  maintained by the Division of State Lands of the Department of
 3374  Environmental Protection in accordance with s. 253.025(8)
 3375  253.025(6)(b). In those instances when the Department of
 3376  Management Services directly contracts for appraisal services,
 3377  it shall also contract with an approved appraiser who is not
 3378  employed by the same appraisal firm for review services.
 3379         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3380  Department of Management Services may negotiate and enter into
 3381  lease-purchase agreements before an appraisal is obtained. Any
 3382  such agreement must state that the final purchase price cannot
 3383  exceed the maximum value allowed by law.
 3384         Section 45. Paragraphs (a) and (b) of subsection (12) of
 3385  section 985.682, Florida Statutes, are amended to read:
 3386         985.682 Siting of facilities; criteria.—
 3387         (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
 3388  department finds it necessary for timely site acquisition, it
 3389  may contract, without using the competitive selection procedure,
 3390  with an appraiser whose name is on the list of approved
 3391  appraisers maintained by the Division of State Lands of the
 3392  Department of Environmental Protection under s. 253.025(8)
 3393  253.025(6)(b). When the department directly contracts for
 3394  appraisal services, it must contract with an approved appraiser
 3395  who is not employed by the same appraisal firm for review
 3396  services.
 3397         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3398  department may negotiate and enter into an option contract
 3399  before an appraisal is obtained. The option contract must state
 3400  that the final purchase price may not exceed the maximum value
 3401  allowed by law. The consideration for such an option contract
 3402  may not exceed 10 percent of the estimate obtained by the
 3403  department or 10 percent of the value of the parcel, whichever
 3404  amount is greater.
 3405         Section 46. Paragraph (b) of subsection (1) of section
 3406  1013.14, Florida Statutes, is amended to read:
 3407         1013.14 Proposed purchase of real property by a board;
 3408  confidentiality of records; procedure.—
 3409         (1)
 3410         (b) Before Prior to acquisition of the property, the board
 3411  shall obtain at least one appraisal by an appraiser approved
 3412  pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
 3413  amount greater than $100,000 and not more than $500,000. For
 3414  each purchase in an amount in excess of $500,000, the board
 3415  shall obtain at least two appraisals by appraisers approved
 3416  pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
 3417  purchase price exceeds the average appraised value, the board is
 3418  required to approve the purchase by an extraordinary vote.
 3419         Section 47. For the 2016-2017 fiscal year, the sums of
 3420  $396,040 in recurring funds and $1,370,528 in nonrecurring funds
 3421  from the General Revenue Fund are appropriated to the Department
 3422  of Environmental Protection, and four full-time equivalent
 3423  positions with associated salary rate of 182,968 are authorized,
 3424  for the purpose of implementing the amendments made by this act
 3425  to ss. 253.034 and 253.0341, Florida Statutes, and the
 3426  provisions of s. 253.87, Florida Statutes, as created by this
 3427  act.
 3428         Section 48. This act shall take effect July 1, 2016.
 3429  
 3430  ================= T I T L E  A M E N D M E N T ================
 3431  And the title is amended as follows:
 3432         Delete everything before the enacting clause
 3433  and insert:
 3434                        A bill to be entitled                      
 3435         An act relating to state lands; amending s. 253.025,
 3436         F.S.; authorizing the Board of Trustees of the
 3437         Internal Improvement Trust Fund to waive certain
 3438         requirements and rules and substitute procedures
 3439         relating to the acquisition of state lands under
 3440         certain conditions; providing that title to certain
 3441         acquired lands are vested in the board; providing for
 3442         the administration of such lands; authorizing the
 3443         board to adopt specified rules; revising requirements
 3444         for the appraisal of lands proposed for acquisition;
 3445         requiring an agency proposing an acquisition to pay
 3446         the associated costs; deleting provisions directing
 3447         the board to approve qualified fee appraisal
 3448         organizations; requiring fee appraisers to submit
 3449         certain affidavits to an agency before contracting
 3450         with a participant in a multiparty agreement;
 3451         prohibiting fee appraisers from negotiating with
 3452         property owners; revising the minimum survey standards
 3453         incorporated by reference for conducting certified
 3454         surveys; authorizing the disclosure of confidential
 3455         appraisal reports under certain conditions; providing
 3456         for public agencies and nonprofit organizations to
 3457         enter into written agreements with the Department of
 3458         Environmental Protection rather than the Division of
 3459         State Lands to purchase and hold property for
 3460         subsequent resale to the board rather than the
 3461         division; revising the definition of the term
 3462         “nonprofit organization”; directing the board to adopt
 3463         by rule the method for determining the value of
 3464         parcels sought to be acquired by state agencies;
 3465         providing requirements for such acquisitions;
 3466         expanding the scope of real estate acquisition
 3467         services for which the board and state agencies may
 3468         contract; authorizing the Department of Environmental
 3469         Protection to use outside counsel to review any
 3470         agreements or documents or to perform acquisition
 3471         closings under certain conditions; requiring state
 3472         agencies to furnish the Department of Environmental
 3473         Protection rather than the Division of State Lands
 3474         with specified acquisition documents; providing that
 3475         the purchase price of certain parcels is not subject
 3476         to an increase or decrease as a result of certain
 3477         circumstances; authorizing the board of trustees to
 3478         direct the Department of Environmental Protection to
 3479         exercise eminent domain for the acquisition of certain
 3480         conservation parcels under certain circumstances;
 3481         authorizing the Department of Environmental Protection
 3482         to exercise condemnation authority directly or by
 3483         contracting with the Department of Transportation or a
 3484         water management district to provide such service;
 3485         authorizing the board of trustees to direct the
 3486         Department of Environmental Protection to purchase
 3487         lands on an immediate basis using specified funds;
 3488         authorizing the board of trustees to waive or modify
 3489         all procedures required for such land acquisition;
 3490         providing that title to certain lands held jointly by
 3491         the board of trustees and a water management district
 3492         meet the standards necessary for ownership by the
 3493         board; creating s. 253.0251, F.S.; providing for the
 3494         use of alternatives to fee simple acquisition for land
 3495         purchases by the Department of Environmental
 3496         Protection, the Department of Agriculture and Consumer
 3497         Services, and water management districts; amending s.
 3498         253.03, F.S.; deleting provisions directing the board
 3499         of trustees to adopt by rule an annual administrative
 3500         fee for certain leases and similar instruments;
 3501         revising the criteria by which specified structures
 3502         have the right to continue submerged land leases;
 3503         directing the board of trustees to adopt by rule an
 3504         annual administrative fee for certain leases and
 3505         instruments; authorizing nonwater-dependent uses for
 3506         submerged lands; amending s. 253.031, F.S.; providing
 3507         for the Department of Environmental Protection to
 3508         maintain documents concerning all state lands;
 3509         deleting an obsolete provision; amending s. 253.034,
 3510         F.S.; authorizing the Department of Environmental
 3511         Protection to submit certain state-owned lands to the
 3512         Acquisition and Restoration Council or board of
 3513         trustees for review and consideration; requiring that
 3514         all nonconservation land use plans are managed to
 3515         provide the greatest benefit to the state; deleting
 3516         provisions requiring an analysis of natural or
 3517         cultural resources as part of a nonconservation land
 3518         use plan; specifying that certain management and
 3519         short-term and long-term goals for the conservation of
 3520         plant and animal species apply to conservation lands;
 3521         providing conditions under which the Secretary of
 3522         Environmental Protection, Commissioner of Agriculture,
 3523         or executive director of the Fish and Wildlife
 3524         Conservation Commission or their designees are
 3525         required to submit land management plans to the board
 3526         of trustees; requiring that updated land management
 3527         plans identify conservation lands that are no longer
 3528         needed for conservation purposes; deleting provisions
 3529         directing the board of trustees to make certain
 3530         determinations regarding the surplus and disposition
 3531         of state lands; deleting provisions requiring that
 3532         buildings and parcels of land be offered for lease to
 3533         state agencies, state universities, and Florida
 3534         College System institutions before being offered for
 3535         lease or sale to a local or federal unit of government
 3536         or a private party; amending s. 253.0341, F.S.;
 3537         deleting provisions authorizing counties and local
 3538         governments to submit requests for the surplus of
 3539         state-owned lands and requiring that such requests be
 3540         expedited; directing the board of trustees to make
 3541         certain determinations regarding the surplus and
 3542         disposition of state lands; providing that lands
 3543         acquired before a certain date using specified
 3544         proceeds are deemed to have been acquired for
 3545         conservation purposes; providing that certain lands
 3546         used by the Department of Corrections, the Department
 3547         of Management Services, and the Department of
 3548         Transportation may not be designated as lands acquired
 3549         for conservation purposes; requiring updated land
 3550         management plans to identify conservation and
 3551         nonconservation lands that are no longer used for the
 3552         purposes for which they were originally leased and
 3553         that could be disposed of; deleting an obsolete
 3554         provision; requiring that facilities and
 3555         nonconservation parcels of land be offered for lease
 3556         to state agencies before being offered for lease to a
 3557         local or federal unit of government, state university,
 3558         Florida College System institution, or private party;
 3559         providing for the valuation and disposition of surplus
 3560         lands; providing for the deposit of proceeds from the
 3561         sale of such lands; authorizing the board of trustees
 3562         to adopt rules; requiring surplus lands conveyed to a
 3563         local government for affordable housing to be disposed
 3564         of by the local government; amending s. 253.111, F.S.;
 3565         deleting provisions requiring the board of trustees to
 3566         afford an opportunity to local governments to purchase
 3567         certain state-owned lands; revising provisions
 3568         relating to the rights of riparian owners to secure
 3569         certain state-owned lands; amending s. 253.42, F.S.;
 3570         authorizing individuals or entities to submit requests
 3571         to the Division of State Lands to exchange state-owned
 3572         land for privately held land; requiring the state to
 3573         retain permanent conservation easements over the
 3574         state-owned land and all or a portion of the privately
 3575         held land; requiring the division to submit requests
 3576         to the Acquisition and Restoration Council for review
 3577         and recommendation or to the board of trustees with
 3578         recommendations from the division and the council;
 3579         review requests and provide recommendations to the
 3580         Acquisition and Restoration Council; providing
 3581         applicability; directing the board of trustees to
 3582         consider a request if certain conditions are met;
 3583         providing special consideration for certain requests;
 3584         providing that such lands are subject to inspection;
 3585         amending s. 253.782, F.S.; deleting a provision
 3586         directing the Department of Environmental Protection
 3587         to retain ownership of and maintain lands or interests
 3588         in land owned by the board of trustees; amending s.
 3589         253.7821, F.S.; assigning the Cross Florida Greenways
 3590         State Recreation and Conservation Area to the
 3591         Department of Environmental Protection rather than the
 3592         Office of Greenways Management within the Office of
 3593         the Secretary; creating s. 253.87, F.S.; directing the
 3594         Department of Environmental Protection to include
 3595         certain county, municipal, state, and federal lands in
 3596         the Florida State-Owned Lands and Records Information
 3597         System (FL-SOLARIS) database and to update the
 3598         database at specified intervals; requiring counties,
 3599         municipalities, and financially disadvantaged small
 3600         communities to submit a list of certain lands to the
 3601         department by a specified date and at specified
 3602         intervals; directing the department to conduct a study
 3603         and submit a report to the Governor and the
 3604         Legislature on the technical and economic feasibility
 3605         of including certain lands in the database or a
 3606         similar public lands inventory; amending s. 259.01,
 3607         F.S.; renaming the “Land Conservation Act of 1972” as
 3608         the “Land Conservation Program”; repealing s. 259.02,
 3609         F.S., relating to issuance of state bonds for certain
 3610         land projects; amending 259.03, F.S.; revising the
 3611         definition of “water resource development project”;
 3612         amending s. 259.032, F.S.; conforming cross
 3613         references; revising provisions relating to the
 3614         management of conservation and recreation lands to
 3615         conform with changes made by the act; revising duties
 3616         of the Acquisition and Restoration Council; amending
 3617         s. 259.035, F.S.; requiring recipients of funds from
 3618         the Land Acquisition Trust Fund to annually report
 3619         certain performance measures to the Department of
 3620         Environmental Protection rather than the Division of
 3621         State Lands; amending s. 259.036, F.S.; revising the
 3622         composition of the regional land management review
 3623         team; providing for the Department of Environmental
 3624         Protection rather than the Division of State Lands to
 3625         act as the review team coordinator; revising
 3626         requirements for conservation and recreation land
 3627         management reviews and plans; amending s. 259.037,
 3628         F.S.; removing the director of the Office of Greenways
 3629         and Trails from the Land Management Uniform Accounting
 3630         Council; repealing s. 259.041(1)-(6) and (8)-(19),
 3631         F.S., relating to the acquisition of state-owned lands
 3632         for preservation, conservation, and recreation
 3633         purposes; amending s. 259.047, F.S.; revising
 3634         provisions relating to the acquisition of land on
 3635         which an agricultural lease exists to conform with
 3636         changes made by the act; amending s. 259.101, F.S.;
 3637         conforming cross-references; revising provisions
 3638         relating to alternate use of lands acquired under the
 3639         Florida Preservation 2000 Act to conform with changes
 3640         made by the act; deleting provisions for alternatives
 3641         to fee simple acquisition of such lands to conform
 3642         with changes made by the act; amending s. 259.105,
 3643         F.S.; deleting provisions requiring the advancement of
 3644         certain goals and objectives of imperiled species
 3645         management on state lands to conform with changes made
 3646         by the act; conforming cross-references; revising
 3647         provisions directing the Acquisition and Restoration
 3648         Council to give increased priority to certain projects
 3649         when developing proposed rules relating to Florida
 3650         Forever funding and additions to the Conservation and
 3651         Recreation Lands list; deleting provisions requiring
 3652         that such rules be submitted to the Legislature for
 3653         review; amending s. 259.1052, F.S.; deleting
 3654         provisions authorizing the Department of Environmental
 3655         Protection to distribute revenues from the Florida
 3656         Forever Trust Fund for the acquisition of a portion of
 3657         Babcock Crescent B Ranch; creating s. 570.715, F.S.,
 3658         and transferring, renumbering, and amending s.
 3659         259.04(7), F.S.; providing procedures for the
 3660         acquisition of conservation easements by the
 3661         Department of Agriculture and Consumer Services;
 3662         amending s. 373.089, F.S.; extending the timeframe
 3663         within which a certified appraisal may be obtained for
 3664         parcels of land to be sold as surplus; providing an
 3665         additional exception to the requirement that the
 3666         governing board first offer title to certain lands;
 3667         revising the procedures a water management district
 3668         must follow for publishing a notice of intention to
 3669         sell surplus lands; providing an exception from such
 3670         notice requirements if a parcel of land is valued
 3671         below a certain threshold; authorizing such parcels to
 3672         be sold directly to the highest bidder; amending ss.
 3673         73.015, 125.355, 166.045, 215.82, 215.965, 253.027,
 3674         253.7824, 260.015, 260.016, 369.317, 373.139, 375.031,
 3675         375.041, 380.05, 380.055, 380.508, 589.07, 944.10,
 3676         957.04, 985.682, and 1013.14, F.S.; conforming cross
 3677         references; providing an appropriation and authorizing
 3678         positions; providing an effective date.