Florida Senate - 2016                                    SB 1290
       
       
        
       By Senator Simpson
       
       18-00774-16                                           20161290__
    1                        A bill to be entitled                      
    2         An act relating to state lands; amending s. 253.025,
    3         F.S.; authorizing the Board of Trustees of the
    4         Internal Improvement Trust Fund to waive certain
    5         requirements and rules and substitute procedures
    6         relating to the acquisition of state lands under
    7         certain conditions; providing that title to certain
    8         acquired lands are vested in the board; providing for
    9         the administration of such lands; authorizing the
   10         board to adopt specified rules; revising requirements
   11         for the appraisal of lands proposed for acquisition;
   12         requiring an agency proposing an acquisition to pay
   13         the associated costs; deleting provisions directing
   14         the board to approve qualified fee appraisal
   15         organizations; requiring fee appraisers to submit
   16         certain affidavits to an agency before contracting
   17         with a participant in a multiparty agreement;
   18         prohibiting fee appraisers from negotiating with
   19         property owners; providing for the Minimum Technical
   20         Standards for Land Surveying in Florida to be
   21         published by the Department of Agriculture and
   22         Consumer Services rather than the Department of
   23         Business and Professional Regulation; authorizing the
   24         disclosure of confidential appraisal reports under
   25         certain conditions; providing for public agencies and
   26         nonprofit organizations to enter into written
   27         agreements with the Department of Environmental
   28         Protection rather than the Division of State Lands to
   29         purchase and hold property for subsequent resale to
   30         the board rather than the division; revising the
   31         definition of the term “nonprofit organization”;
   32         directing the board to adopt by rule the method for
   33         determining the value of parcels sought to be acquired
   34         by state agencies; providing requirements for such
   35         acquisitions; expanding the scope of real estate
   36         acquisition services for which the board and state
   37         agencies may contract; authorizing the Department of
   38         Environmental Protection to use outside counsel to
   39         review any agreements or documents or to perform
   40         acquisition closings under certain conditions;
   41         requiring state agencies to furnish the Department of
   42         Environmental Protection rather than the Division of
   43         State Lands with specified acquisition documents;
   44         providing that the purchase price of certain parcels
   45         is not subject to an increase or decrease as a result
   46         of certain circumstances; authorizing the board of
   47         trustees to direct the Department of Environmental
   48         Protection to exercise eminent domain for the
   49         acquisition of certain conservation parcels under
   50         certain circumstances; authorizing the Department of
   51         Environmental Protection to exercise condemnation
   52         authority directly or by contracting with the
   53         Department of Transportation or a water management
   54         district to provide such service; authorizing the
   55         board to direct the Department of Environmental
   56         Protection to purchase lands on an immediate basis
   57         using specified funds; authorizing the board of
   58         trustees to waive or modify all procedures required
   59         for such land acquisition; providing that title to
   60         certain lands held jointly by the board and a water
   61         management district meet the standards necessary for
   62         ownership by the board; defining the term “projects”
   63         for purposes of land acquisition; creating s.
   64         253.0251, F.S.; providing for the use of alternatives
   65         to fee simple acquisition by public land acquisition
   66         agencies; amending s. 253.03, F.S.; deleting
   67         provisions directing the board to adopt by rule an
   68         annual administrative fee for certain leases and
   69         similar instruments; revising the criteria by which
   70         specified structures have the right to continue
   71         submerged land leases; directing the board to adopt by
   72         rule an annual administrative fee for certain leases
   73         and instruments; authorizing nonwater-dependent uses
   74         for submerged lands; amending s. 253.031, F.S.;
   75         providing for the Department of Environmental
   76         Protection to maintain documents concerning all state
   77         lands; deleting an obsolete provision; amending s.
   78         253.034, F.S.; authorizing the department to submit
   79         certain state-owned lands to the board for
   80         consideration; requiring that all nonconservation land
   81         use plans are managed to provide the greatest benefit
   82         to the state; deleting provisions requiring an
   83         analysis of natural or cultural resources as part of a
   84         nonconservation land use plan; specifying that certain
   85         management and short-term and long-term goals for the
   86         conservation of plant and animal species apply to
   87         conservation lands; providing conditions under which
   88         the Secretary of Environmental Protection,
   89         Commissioner of Agriculture, or executive director of
   90         the Fish and Wildlife Conservation Commission or their
   91         designees are required to submit land management plans
   92         to the board; requiring that updated land management
   93         plans identify conservation lands that are no longer
   94         needed for conservation purposes; deleting provisions
   95         directing the board to make certain determinations
   96         regarding the surplus and disposition of state lands;
   97         deleting provisions requiring that buildings and
   98         parcels of land be offered for lease to state
   99         agencies, state universities, and Florida College
  100         System institutions before being offered for lease or
  101         sale to a local or federal unit of government or a
  102         private party; amending s. 253.0341, F.S.; deleting
  103         provisions requiring that county or local government
  104         requests for the state to surplus conservation or
  105         nonconservation lands be expedited; directing the
  106         board to make certain determinations regarding the
  107         surplus and disposition of state lands; providing that
  108         lands acquired before a certain date using specified
  109         proceeds are deemed to have been acquired for
  110         conservation purposes; providing that certain lands
  111         used by the Department of Corrections, the Department
  112         of Management Services, and the Department of
  113         Transportation may not be designated as lands acquired
  114         for conservation purposes; requiring updated land
  115         management plans to identify conservation lands that
  116         are no longer needed and could be disposed of;
  117         requiring the Division of State Lands to review state
  118         owned conservation lands and determine if such lands
  119         are no longer needed and could be disposed of and to
  120         submit a list of such lands to the Acquisition and
  121         Restoration Council; requiring the council to provide
  122         certain recommendations to the board regarding
  123         conservation lands; requiring the division to review
  124         certain nonconservation lands and make recommendations
  125         to the board as to whether such lands should be
  126         retained in public ownership or disposed of; deleting
  127         an obsolete provision; requiring that buildings and
  128         parcels of land be offered for lease to state
  129         agencies, state universities, and Florida College
  130         System institutions before being offered for lease or
  131         sale to a local or federal unit of government or a
  132         private party; providing for the valuation and
  133         disposition of surplus lands; providing for the
  134         deposit of proceeds from the sale of such lands;
  135         authorizing the board to adopt rules; amending s.
  136         253.111, F.S.; revising provisions requiring the board
  137         to afford an opportunity to local governments to
  138         purchase certain lands; amending s. 253.42, F.S.;
  139         authorizing individuals or entities to submit requests
  140         to the Division of State Lands to exchange state-owned
  141         land for privately held land; requiring the state to
  142         retain permanent conservation easements over the
  143         state-owned land and all or a portion of the privately
  144         held land; requiring the division to review requests
  145         and provide recommendations to the Acquisition and
  146         Restoration Council; providing applicability;
  147         directing the board to consider a request if certain
  148         conditions are met; providing special consideration
  149         for certain requests; providing that such lands are
  150         subject to inspection; amending s. 253.782, F.S.;
  151         deleting a provision directing the Department of
  152         Environmental Protection to retain ownership of and
  153         maintain lands or interests in land owned by the
  154         board; amending s. 253.7821, F.S.; assigning the Cross
  155         Florida Greenways State Recreation and Conservation
  156         Area to the Department of Environmental Protection
  157         rather than the Office of Greenways Management within
  158         the Office of the Secretary; creating s. 253.87, F.S.;
  159         directing the Department of Environmental Protection
  160         to include certain county, municipal, state, and
  161         federal lands in the Florida State-Owned Lands and
  162         Records Information System (FL-SOLARIS) database and
  163         to update the database at specified intervals;
  164         requiring counties, municipalities, and financially
  165         disadvantaged small communities to submit a list of
  166         certain lands to the department by a specified date
  167         and at specified intervals; directing the department
  168         to conduct a study and submit a report to the Governor
  169         and the Legislature on the technical and economic
  170         feasibility of including certain lands in the database
  171         or a similar public lands inventory; amending s.
  172         259.01, F.S.; renaming the “Land Conservation Act of
  173         1972” as the “Land Conservation Program”; repealing s.
  174         259.02, F.S., relating to issuance of state bonds for
  175         certain land projects; amending s. 259.03, F.S.;
  176         revising the definition of the term “water resource
  177         development project” to include construction of
  178         treatment, transmission, and distribution facilities;
  179         amending s. 259.032, F.S.; conforming cross
  180         references; revising provisions relating to the
  181         management of conservation and recreation lands to
  182         conform with changes made by the act; revising duties
  183         of the Acquisition and Restoration Council; amending
  184         s. 259.035, F.S.; requiring recipients of funds from
  185         the Land Acquisition Trust Fund to annually report
  186         certain performance measures to the Department of
  187         Environmental Protection rather than the Division of
  188         State Lands; amending s. 259.036, F.S.; revising the
  189         composition of the regional land management review
  190         team; providing for the Department of Environmental
  191         Protection rather than the Division of State Lands to
  192         act as the review team coordinator; revising
  193         requirements for conservation and recreation land
  194         management reviews and plans; amending s. 259.037,
  195         F.S.; removing the director of the Office of Greenways
  196         and Trails from the Land Management Uniform Accounting
  197         Council; repealing s. 259.041, F.S., relating to the
  198         acquisition of state-owned lands for preservation,
  199         conservation, and recreation purposes; amending s.
  200         259.047, F.S.; revising provisions relating to the
  201         acquisition of land on which an agricultural lease
  202         exists to conform with changes made by the act;
  203         amending s. 259.101, F.S.; conforming cross
  204         references; revising provisions relating to alternate
  205         use of lands acquired under the Florida Preservation
  206         2000 Act to conform with changes made by the act;
  207         deleting provisions for alternatives to fee simple
  208         acquisition of such lands to conform with changes made
  209         by the act; amending s. 259.105, F.S.; deleting
  210         provisions requiring the advancement of certain goals
  211         and objectives of imperiled species management on
  212         state lands to conform with changes made by the act;
  213         conforming cross-references; revising provisions
  214         directing the Acquisition and Restoration Council to
  215         give increased priority to certain projects when
  216         developing proposed rules relating to Florida Forever
  217         funding and additions to the Conservation and
  218         Recreation Lands list; deleting provisions requiring
  219         that such rules be submitted to the Legislature for
  220         review; amending s. 259.1052, F.S.; deleting
  221         provisions authorizing the Department of Environmental
  222         Protection to distribute revenues from the Florida
  223         Forever Trust Fund for the acquisition of a portion of
  224         Babcock Crescent B Ranch; amending ss. 73.015,
  225         125.355, 166.045, 215.82, 215.965, 253.027, 253.7824,
  226         260.015, 260.016, 369.317, 373.139, 375.031, 375.041,
  227         380.05, 380.055, 380.508, 589.07, 944.10, 957.04,
  228         985.682, and 1013.14, F.S.; conforming cross
  229         references; providing an effective date.
  230          
  231  Be It Enacted by the Legislature of the State of Florida:
  232  
  233         Section 1. Section 253.025, Florida Statutes, is amended to
  234  read:
  235         253.025 Acquisition of state lands for purposes other than
  236  preservation, conservation, and recreation.—
  237         (1)(a)Neither The Board of Trustees of the Internal
  238  Improvement Trust Fund or nor its duly authorized agent may not
  239  shall commit the state, through any instrument of negotiated
  240  contract or agreement for purchase, to the purchase of lands
  241  with or without appurtenances unless the provisions of this
  242  section has have been fully complied with.
  243         (b)Except for the requirements of subsections (4), (11),
  244  and (22), if the public’s interest is reasonably protected, the
  245  board of trustees may:
  246         1.Waive any requirements of this section.
  247         2.Waive any rules adopted pursuant to this section,
  248  notwithstanding chapter 120.
  249         3.Substitute other reasonably prudent procedures.
  250         (c)However, The board of trustees may also substitute
  251  federally mandated acquisition procedures for the provisions of
  252  this section if when federal funds are available and will be
  253  used utilized for the purchase of lands, title to which will
  254  vest in the board of trustees, and qualification for such
  255  federal funds requires compliance with federally mandated
  256  acquisition procedures.
  257         (d) Notwithstanding any provisions in this section to the
  258  contrary, if lands are being acquired by the board of trustees
  259  for the anticipated sale, conveyance, or transfer to the Federal
  260  Government pursuant to a joint state and federal acquisition
  261  project, the board of trustees may use appraisals obtained by
  262  the Federal Government in the acquisition of such lands. The
  263  board of trustees may waive any provision of this section when
  264  land is being conveyed from a state agency to the board.
  265         (e)The title to lands acquired pursuant to this section
  266  shall vest in the board of trustees pursuant to s. 253.03(1)
  267  unless otherwise provided by law, and all such titled lands
  268  shall be administered pursuant to s. 253.03.
  269         (2) Before Prior to any state agency initiates initiating
  270  any land acquisition, except for as pertains to the purchase of
  271  property for transportation facilities and transportation
  272  corridors and property for borrow pits for road building
  273  purposes, the agency shall coordinate with the Division of State
  274  Lands to determine the availability of existing, suitable state
  275  owned lands in the area and the public purpose for which the
  276  acquisition is being proposed. If the state agency determines
  277  that no suitable state-owned lands exist, the state agency may
  278  proceed to acquire such lands by employing all available
  279  statutory authority for acquisition.
  280         (3)The board of trustees is authorized to adopt rules to
  281  implement this section, including rules governing the terms and
  282  conditions of land purchases. The rules shall address, with
  283  specificity, but need not be limited to:
  284         (a)The procedures to be followed in the acquisition
  285  process, including selection of appraisers, surveyors, title
  286  agents, and closing agents, and the content of appraisal
  287  reports.
  288         (b)The determination of the value of parcels which the
  289  state has an interest in acquiring.
  290         (c)Special requirements when multiple landowners are
  291  involved in an acquisition.
  292         (d)Requirements for obtaining written option agreements so
  293  that the interests of the state are fully protected.
  294         (4)An agreement to acquire real property for the purposes
  295  described in this chapter, chapter 260, or chapter 375, title to
  296  which will vest in the board of trustees, may not bind the state
  297  before the agreement is reviewed and approved by the Department
  298  of Environmental Protection as complying with this section and
  299  any rules adopted pursuant to this section. If any of the
  300  following conditions exist, the agreement shall be submitted to
  301  and approved by the board of trustees:
  302         (a)The purchase price agreed to by the seller exceeds the
  303  value as established pursuant to the rules of the board of
  304  trustees;
  305         (b)The contract price agreed to by the seller and the
  306  acquiring agency exceeds $1 million;
  307         (c)The acquisition is the initial purchase in a Florida
  308  Forever project; or
  309         (d)Other conditions that the board of trustees may adopt
  310  by rule. Such conditions may include, but are not limited to,
  311  Florida Forever projects when title to the property being
  312  acquired is considered nonmarketable or is encumbered in such a
  313  way as to significantly affect its management.
  314  
  315  If approval of the board of trustees is required pursuant to
  316  this subsection, the acquiring agency must provide a
  317  justification as to why it is in the public’s interest to
  318  acquire the parcel or Florida Forever project. Approval of the
  319  board of trustees is also required for Florida Forever projects
  320  the department recommends acquiring pursuant to subsections (11)
  321  and (22). Review and approval of agreements for acquisitions for
  322  Florida Greenways and Trails Program properties pursuant to
  323  chapter 260 may be waived by the department in any contract with
  324  nonprofit corporations that have agreed to assist the department
  325  with this program. If the contribution of the acquiring agency
  326  exceeds $100 million in any one fiscal year, the agreement shall
  327  be submitted to and approved by the Legislative Budget
  328  Commission.
  329         (5)(3) Land acquisition procedures provided for in this
  330  section are for voluntary, negotiated acquisitions.
  331         (6)(4) For the purposes of this section, the term
  332  “negotiations” does not include preliminary contacts with the
  333  property owner to determine the availability of the property,
  334  existing appraisal data, existing abstracts, and surveys.
  335         (7)(5) Evidence of marketable title shall be provided by
  336  the landowner before prior to the conveyance of title, as
  337  provided in the final agreement for purchase. Such evidence of
  338  marketability shall be in the form of title insurance or an
  339  abstract of title with a title opinion. The board of trustees
  340  may waive the requirement that the landowner provide evidence of
  341  marketable title, and, in such case, the acquiring agency shall
  342  provide evidence of marketable title. The board of trustees or
  343  its designee may waive the requirement of evidence of
  344  marketability for acquisitions of property assessed by the
  345  county property appraiser at $10,000 or less, if where the
  346  Division of State Lands finds, based upon such review of the
  347  title records as is reasonable under the circumstances, that
  348  there is no apparent impediment to marketability, or to
  349  management of the property by the state.
  350         (8)(6)Before approval by the board of trustees, or, when
  351  applicable, the Department of Environmental Protection, of any
  352  agreement to purchase land pursuant to this chapter, chapter
  353  259, chapter 260, or chapter 375, and before Prior to
  354  negotiations with the parcel owner to purchase any other land
  355  pursuant to this section, title to which will vest in the board
  356  of trustees, an appraisal of the parcel shall be required as
  357  follows:
  358         (a)The board of trustees shall adopt by rule the method
  359  for determining the value of parcels sought to be acquired by
  360  state agencies pursuant to this section.
  361         (b)(a) Each parcel to be acquired shall have at least one
  362  appraisal. Two appraisals are required when the estimated value
  363  of the parcel exceeds $1 million. However, if both appraisals
  364  exceed $1 million and differ significantly, a third appraisal
  365  may be obtained. If When a parcel is estimated to be worth
  366  $100,000 or less and the director of the Division of State Lands
  367  finds that the cost of an outside appraisal is not justified, a
  368  comparable sales analysis, an appraisal prepared by the
  369  division, or other reasonably prudent procedures may be used by
  370  the division to estimate the value of the parcel, provided the
  371  public’s interest is reasonably protected. The state is not
  372  required to appraise the value of lands and appurtenances that
  373  are being donated to the state.
  374         (c)(b) Appraisal fees and associated costs shall be paid by
  375  the agency proposing the acquisition. The board of trustees
  376  shall approve qualified fee appraisal organizations. All
  377  appraisals used for the acquisition of lands pursuant to this
  378  section shall be prepared by a member of an approved appraisal
  379  organization or by a state-certified appraiser. The board of
  380  trustees shall adopt rules for selecting individuals to perform
  381  appraisals pursuant to this section. Each fee appraiser selected
  382  to appraise a particular parcel shall, before prior to
  383  contracting with the agency or a participant in a multiparty
  384  agreement, submit to the that agency an affidavit substantiating
  385  that he or she has no vested or fiduciary interest in such
  386  parcel.
  387         (d)The fee appraiser and the review appraiser for the
  388  agency may not act in any manner that may be construed as
  389  negotiating with the owner of a parcel proposed for acquisition.
  390         (e)(c) The board of trustees shall adopt by rule the
  391  minimum criteria, techniques, and methods to be used in the
  392  preparation of appraisal reports. Such rules shall incorporate,
  393  to the extent practicable, generally accepted appraisal
  394  standards. Any appraisal issued for acquisition of lands
  395  pursuant to this section must comply with the rules adopted by
  396  the board of trustees. A certified survey must be made which
  397  meets the minimum requirements for upland parcels established in
  398  the Minimum Technical Standards for Land Surveying in Florida
  399  published by the Department of Agriculture and Consumer Services
  400  Business and Professional Regulation and which accurately
  401  portrays, to the greatest extent practicable, the condition of
  402  the parcel as it currently exists. The requirement for a
  403  certified survey may, in part or in whole, be waived by the
  404  board of trustees any time before prior to submitting the
  405  agreement for purchase to the Division of State Lands. When an
  406  existing boundary map and description of a parcel are determined
  407  by the division to be sufficient for appraisal purposes, the
  408  division director may temporarily waive the requirement for a
  409  survey until any time before prior to conveyance of title to the
  410  parcel. The fee appraiser and the review appraiser for the
  411  agency shall not act in any way that may be construed as
  412  negotiating with the property owner.
  413         (f)(d) Appraisal reports are confidential and exempt from
  414  the provisions of s. 119.07(1), for use by the agency and the
  415  board of trustees, until an option contract is executed or, if
  416  no option contract is executed, until 2 weeks before a contract
  417  or agreement for purchase is considered for approval by the
  418  board of trustees. The Department of Environmental Protection
  419  may disclose appraisal reports to private landowners during
  420  negotiations for acquisitions using alternatives to fee simple
  421  techniques, if the department determines that disclosure of such
  422  reports will bring the proposed acquisition to closure. However,
  423  the private landowner must agree to maintain the confidentiality
  424  of the reports or information. However, The department Division
  425  of State Lands may also disclose appraisal information to public
  426  agencies or nonprofit organizations that agree to maintain the
  427  confidentiality of the reports or information when joint
  428  acquisition of property is contemplated, or when a public agency
  429  or nonprofit organization enters into a written agreement with
  430  the department division to purchase and hold property for
  431  subsequent resale to the board of trustees division. In
  432  addition, the department division may use, as its own,
  433  appraisals obtained by a public agency or nonprofit
  434  organization, if provided the appraiser is selected from the
  435  department’s division’s list of appraisers and the appraisal is
  436  reviewed and approved by the department division. For the
  437  purposes of this paragraph, the term “nonprofit organization”
  438  means an organization that whose purpose is the preservation of
  439  natural resources, and which is exempt from federal income tax
  440  under s. 501(c)(3) of the Internal Revenue Code and, for
  441  purposes of the acquisition of conservation lands, an
  442  organization whose purpose must include the preservation of
  443  natural resources. The agency may release an appraisal report
  444  when the passage of time has rendered the conclusions of value
  445  in the report invalid or when the acquiring agency has
  446  terminated negotiations.
  447         (g)(e)Before Prior to acceptance of an appraisal, the
  448  agency shall submit a copy of such report to the division of
  449  State Lands. The division shall review such report for
  450  compliance with the rules of the board of trustees. Any
  451  questions of applicability of laws affecting an appraisal shall
  452  be addressed by the legal office of the agency.
  453         (h)(f) The appraisal report shall be accompanied by the
  454  sales history of the parcel for at least the previous prior 5
  455  years. Such sales history shall include all parties and
  456  considerations with the amount of consideration verified, if
  457  possible. If a sales history would not be useful, or it is its
  458  cost prohibitive compared to the value of a parcel, the sales
  459  history may be waived by the board of trustees. The board of
  460  trustees shall adopt a rule specifying guidelines for waiver of
  461  a sales history.
  462         (i)(g) The board of trustees may consider an appraisal
  463  acquired by a seller, or any part thereof, in negotiating to
  464  purchase a parcel, but such appraisal may not be used in lieu of
  465  an appraisal required by this subsection or to determine the
  466  maximum offer allowed by law.
  467         (j)1.The board of trustees shall adopt by rule the method
  468  for determining the value of parcels sought to be acquired by
  469  state agencies pursuant to this section. An offer by a state
  470  agency may not exceed the value for that parcel as determined
  471  pursuant to the highest approved appraisal or the value
  472  determined pursuant to the rules of the board of trustees,
  473  whichever value is less.
  474         2.For a joint acquisition by a state agency and a local
  475  government or other entity apart from the state, the joint
  476  purchase price may not exceed 150 percent of the value for a
  477  parcel as determined in accordance with the limits in
  478  subparagraph 1. The state agency share of a joint purchase offer
  479  may not exceed what the agency may offer singly pursuant to
  480  subparagraph 1.
  481         3.This paragraph does not apply to the acquisition of
  482  historically unique or significant property as determined by the
  483  Division of Historical Resources of the Department of State.
  484  
  485  Notwithstanding this subsection, on behalf of the board of
  486  trustees and before the appraisal of parcels approved for
  487  purchase under this chapter or chapter 259, the Secretary of
  488  Environmental Protection or the director of the Division of
  489  State Lands may enter into option contracts to buy such parcels.
  490  Any such option contract shall state that the final purchase
  491  price is subject to approval by the board of trustees or, if
  492  applicable, the Secretary of Environmental Protection, and that
  493  the final purchase price may not exceed the maximum offer
  494  allowed by law. Any such option contract presented to the board
  495  of trustees for final purchase price approval shall explicitly
  496  state that payment of the final purchase price is subject to an
  497  appropriation from the Legislature. The consideration for such
  498  an option may not exceed $1,000 or 0.01 percent of the estimate
  499  by the department of the value of the parcel, whichever amount
  500  is greater.
  501         (9)(7)(a) When the owner is represented by an agent or
  502  broker, negotiations may not be initiated or continued until a
  503  written statement verifying such agent’s or broker’s legal or
  504  fiduciary relationship with the owner is on file with the
  505  agency.
  506         (b) The board of trustees or any state agency may contract
  507  for real estate acquisition services, including, but not limited
  508  to, contracts for real estate commission fees, surveying,
  509  mapping, environmental audits, title work, and legal and other
  510  professional assistance to review acquisition agreements and
  511  other documents and to perform acquisition closings. However,
  512  the Department of Environmental Protection may use outside
  513  counsel to review any agreements or documents or to perform
  514  acquisition closings unless department staff can conduct the
  515  same activity in 15 days or less.
  516         (c) Upon the initiation of negotiations, the state agency
  517  shall inform the owner in writing that all agreements for
  518  purchase are subject to approval by the board of trustees.
  519         (d) All offers or counteroffers shall be documented in
  520  writing and shall be confidential and exempt from the provisions
  521  of s. 119.07(1) until an option contract is executed, or if no
  522  option contract is executed, until 2 weeks before a contract or
  523  agreement for purchase is considered for approval by the board
  524  of trustees. The agency shall maintain complete and accurate
  525  records of all offers and counteroffers for all projects.
  526         (e)1.The board of trustees shall adopt by rule the method
  527  for determining the value of parcels sought to be acquired by
  528  state agencies pursuant to this section. No offer by a state
  529  agency, except an offer by an agency acquiring lands pursuant to
  530  s. 259.041, may exceed the value for that parcel as determined
  531  pursuant to the highest approved appraisal or the value
  532  determined pursuant to the rules of the board of trustees,
  533  whichever value is less.
  534         2.In the case of a joint acquisition by a state agency and
  535  a local government or other entity apart from the state, the
  536  joint purchase price may not exceed 150 percent of the value for
  537  a parcel as determined in accordance with the limits prescribed
  538  in subparagraph 1. The state agency share of a joint purchase
  539  offer may not exceed what the agency may offer singly as
  540  prescribed by subparagraph 1.
  541         3.The provisions of this paragraph do not apply to the
  542  acquisition of historically unique or significant property as
  543  determined by the Division of Historical Resources of the
  544  Department of State.
  545         (e)(f) When making an offer to a landowner, a state agency
  546  shall consider the desirability of a single cash payment in
  547  relation to the maximum offer allowed by law.
  548         (f)(g) The state shall have the authority to reimburse the
  549  owner for the cost of the survey when deemed appropriate. The
  550  reimbursement is shall not be considered a part of the purchase
  551  price.
  552         (g)(h) A final offer shall be in the form of an option
  553  contract or agreement for purchase and shall be signed and
  554  attested to by the owner and the representative of the agency.
  555  Before the agency executes the option contract or agreement for
  556  purchase, the contract or agreement shall be reviewed for form
  557  and legality by legal staff of the agency. Before the agency
  558  signs the agreement for purchase or exercises the option
  559  contract, the provisions of s. 286.23 shall be complied with.
  560  Within 10 days after the signing of the agreement for purchase,
  561  the state agency shall furnish the Department of Environmental
  562  Protection Division of State Lands with the original of the
  563  agreement for purchase along with copies of the disclosure
  564  notice, evidence of marketability, the accepted appraisal
  565  report, the fee appraiser’s affidavit, a statement that the
  566  inventory of existing state-owned lands was examined and
  567  contained no available suitable land in the area, and a
  568  statement outlining the public purpose for which the acquisition
  569  is being made and the statutory authority therefor.
  570         (h)(i) Within 45 days after of receipt by the Department of
  571  Environmental Protection Division of State Lands of the
  572  agreement for purchase and the required documentation, the board
  573  of trustees or, if when the purchase price does not exceed
  574  $100,000, its designee shall either reject or approve the
  575  agreement. An approved agreement for purchase is binding on both
  576  parties. Any agreement which has been disapproved shall be
  577  returned to the agency, along with a statement as to the
  578  deficiencies of the agreement or the supporting documentation.
  579  An agreement for purchase which has been disapproved by the
  580  board of trustees may be resubmitted when such deficiencies have
  581  been corrected.
  582         (10)(8)(a) A No dedication, gift, grant, or bequest of
  583  lands and appurtenances may not be accepted by the board of
  584  trustees until the receiving state agency supplies sufficient
  585  evidence of marketability of title. The board of trustees may
  586  not accept by dedication, gift, grant, or bequest any lands and
  587  appurtenances that are determined as being owned by the state
  588  either in fee or by virtue of the state’s sovereignty or which
  589  are so encumbered so as to preclude the use of such lands and
  590  appurtenances for any reasonable public purpose. The board of
  591  trustees may accept a dedication, gift, grant, or bequest of
  592  lands and appurtenances without formal evidence of
  593  marketability, or when the title is nonmarketable, if the board
  594  or its designee determines that such lands and appurtenances
  595  have value and are reasonably manageable by the state, and that
  596  their acceptance would serve the public interest. The state is
  597  not required to appraise the value of such donated lands and
  598  appurtenances as a condition of receipt.
  599         (b) A No deed filed in the public records to donate lands
  600  to the board of trustees does not of the Internal Improvement
  601  Trust Fund shall be construed to transfer title to or vest title
  602  in the board of trustees unless there shall also be filed in the
  603  public records, a document indicating that the board of trustees
  604  has agreed to accept the transfer of title to such donated lands
  605  is also filed in the public records.
  606         (c)Notwithstanding any other provision of law, the maximum
  607  value of a parcel to be purchased by the board of trustees as
  608  determined by the highest approved appraisal or as determined
  609  pursuant to the rules of the board of trustees may not be
  610  increased or decreased as a result of a change in zoning or
  611  permitted land uses, or changes in market forces or prices that
  612  occur within 1 year after the date the Department of
  613  Environmental Protection or the board of trustees approves a
  614  contract to purchase the parcel.
  615         (11)Notwithstanding this section, the board of trustees,
  616  by an affirmative vote of at least three members, voting at a
  617  regularly scheduled and advertised meeting, may direct the
  618  Department of Environmental Protection to exercise the power of
  619  eminent domain pursuant to chapters 73 and 74 to acquire any
  620  conservation parcel identified on the acquisition list
  621  established by the Acquisition and Restoration Council and
  622  approved by the board of trustees pursuant to chapter 259.
  623  However, the board of trustees may only make such a vote under
  624  the following circumstances:
  625         (a)The state has made at least two bona fide offers to
  626  purchase the land through negotiation and, notwithstanding those
  627  offers, an impasse between the state and the landowner was
  628  reached.
  629         (b)The land is of special importance to the state because
  630  of one or more of the following reasons:
  631         1.It involves an endangered or natural resource and is in
  632  imminent danger of development.
  633         2.It is of unique value to the state and the failure to
  634  acquire it will result in irreparable loss to the state.
  635         3.The failure of the state to acquire it will seriously
  636  impair the state’s ability to manage or protect other state
  637  owned lands.
  638  
  639  Pursuant to this subsection, the department may exercise
  640  condemnation authority directly or by contracting with the
  641  Department of Transportation or a water management district to
  642  provide that service. If the Department of Transportation or a
  643  water management district enters into such a contract with the
  644  department, the Department of Transportation or a water
  645  management district may use statutorily approved methods and
  646  procedures ordinarily used by the agency for condemnation
  647  purposes.
  648         (12)(9) Any conveyance to the board of trustees of fee
  649  title shall be made by no less than a special warranty deed,
  650  unless the conveyance is from the Federal Government, the county
  651  government, or another state agency or, in the event of a gift
  652  or donation by quitclaim deed, if the board of trustees, or its
  653  designee, determines that the acceptance of such quitclaim deed
  654  is in the best interest of the public. A quitclaim deed may also
  655  be accepted to aid in clearing title or boundary questions. The
  656  title to lands acquired pursuant to this section shall vest in
  657  the board of trustees as provided in s. 253.03(1). All such
  658  lands, title to which is vested in the board pursuant to this
  659  section, shall be administered pursuant to the provisions of s.
  660  253.03.
  661         (13)(10) The board of trustees may purchase tax
  662  certificates or tax deeds issued in accordance with chapter 197
  663  relating to property eligible for purchase under this section.
  664         (14)(11) The Auditor General shall conduct audits of
  665  acquisitions and divestitures which, according to his or her
  666  preliminary assessments of board-approved acquisitions and
  667  divestitures, he or she deems necessary. These preliminary
  668  assessments shall be initiated not later than 60 days after
  669  following the board of trustees’ final approval by the board of
  670  land acquisitions under this section. If an audit is conducted,
  671  the Auditor General shall submit an audit report to the board of
  672  trustees, the President of the Senate, the Speaker of the House
  673  of Representatives, and their designees.
  674         (15)(12) The board of trustees and all affected agencies
  675  shall adopt and may modify or repeal such rules and regulations
  676  as are necessary to carry out the purposes of this section,
  677  including rules governing the terms and conditions of land
  678  purchases. Such rules shall address the procedures to be
  679  followed, when multiple landowners are involved in an
  680  acquisition, in obtaining written option agreements so that the
  681  interests of the state are fully protected.
  682         (16)(13)(a) The board of trustees of the Internal
  683  Improvement Trust Fund may deed property to the Department of
  684  Agriculture and Consumer Services, so that the Department of
  685  Agriculture and Consumer Services is department shall be able to
  686  sell, convey, transfer, exchange, trade, or purchase land on
  687  which a forestry facility resides for money or other more
  688  suitable property on which to relocate the facility. Any sale or
  689  purchase of property by the Department of Agriculture and
  690  Consumer Services shall follow the requirements of subsections
  691  (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
  692  value, and any trade shall ensure that the state is getting at
  693  least an equal value for the property. Except as provided in
  694  subsections (7)-(10) and (12) (5)-(9), the Department of
  695  Agriculture and Consumer Services is excluded from following the
  696  provisions of this chapter and chapters 259 and 375. This
  697  exclusion does shall not apply to lands acquired for
  698  conservation purposes in accordance with s. 253.0341(1) or (2)
  699  253.034(6)(a) or (b).
  700         (b) In the case of a sale by the Department of Agriculture
  701  and Consumer Services of a forestry facility, the proceeds of
  702  the sale shall be deposited go into the Department of
  703  Agriculture and Consumer Services Incidental Trust Fund. The
  704  Legislature may, at the request of the Department of Agriculture
  705  and Consumer Services department, appropriate such money within
  706  the trust fund to the Department of Agriculture and Consumer
  707  Services department for purchase of land and construction of a
  708  facility to replace the disposed facility. All proceeds other
  709  than land from any sale, conveyance, exchange, trade, or
  710  transfer conducted pursuant to as provided for in this
  711  subsection shall be deposited into placed within the Department
  712  of Agriculture and Consumer Services department’s Incidental
  713  Trust Fund.
  714         (c) Additional funds may be added from time to time by the
  715  Legislature to further the relocation and construction of
  716  forestry facilities. If In the instance where an equal trade of
  717  land occurs, money from the trust fund may be appropriated for
  718  building construction even though no money was received from the
  719  trade.
  720         (17)(14) Any agency that acquires land on behalf of the
  721  board of trustees is authorized to request disbursement of
  722  payments for real estate closings in accordance with a written
  723  authorization from an ultimate beneficiary to allow a third
  724  party authorized by law to receive such payment provided the
  725  Chief Financial Officer determines that such disbursement is
  726  consistent with good business practices and can be completed in
  727  a manner minimizing costs and risks to the state.
  728         (18)(15) Pursuant to s. 944.10, the Department of
  729  Corrections is responsible for obtaining appraisals and entering
  730  into option agreements and agreements for the purchase of state
  731  correctional facility sites. An option agreement or agreement
  732  for purchase is not binding upon the state until it is approved
  733  by the board of trustees of the Internal Improvement Trust Fund.
  734  The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
  735  (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
  736  to all appraisals, offers, and counteroffers of the Department
  737  of Corrections for state correctional facility sites.
  738         (19)(16) Many parcels of land acquired pursuant to this
  739  section may contain cattle-dipping vats as defined in s.
  740  376.301. The state is encouraged to continue with the
  741  acquisition of such lands, including any the cattle-dipping vats
  742  vat.
  743         (20)(17) Pursuant to s. 985.682, the Department of Juvenile
  744  Justice is responsible for obtaining appraisals and entering
  745  into option agreements and agreements for the purchase of state
  746  juvenile justice facility sites. An option agreement or
  747  agreement for purchase is not binding upon the state until it is
  748  approved by the board of trustees of the Internal Improvement
  749  Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
  750  and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
  751  and (d) apply to all appraisals, offers, and counteroffers of
  752  the Department of Juvenile Justice for state juvenile justice
  753  facility sites.
  754         (21)(18) The board of trustees may acquire, pursuant to s.
  755  288.980(2)(b), nonconservation lands from the annual list
  756  submitted by the Department of Economic Opportunity for the
  757  purpose of buffering a military installation against
  758  encroachment.
  759         (22)The board of trustees, by an affirmative vote of at
  760  least three members, may direct the department to purchase lands
  761  on an immediate basis using up to 15 percent of the funds
  762  allocated to the department pursuant to s. 259.105 for the
  763  acquisition of lands that:
  764         (a)Are listed or placed at auction by the Federal
  765  Government as part of the Resolution Trust Corporation sale of
  766  lands from failed savings and loan associations;
  767         (b)Are listed or placed at auction by the Federal
  768  Government as part of the Federal Deposit Insurance Corporation
  769  sale of lands from failed banks; or
  770         (c)Will be developed or otherwise lost to potential public
  771  ownership, or for which federal matching funds will be lost, by
  772  the time the land can be purchased under the program within
  773  which the land is listed for acquisition.
  774  
  775  For such acquisitions, the board of trustees may waive or modify
  776  all procedures required for land acquisition pursuant to this
  777  chapter and all competitive bid procedures required pursuant to
  778  chapters 255 and 287. Lands acquired pursuant to this subsection
  779  must, at the time of purchase, be on one of the acquisition
  780  lists established pursuant to chapter 259, or be essential for
  781  water resource development, protection, or restoration, or a
  782  significant portion of the lands must contain natural
  783  communities or plant or animal species that are listed by the
  784  Florida Natural Areas Inventory as critically imperiled,
  785  imperiled, or rare, or as excellent quality occurrences of
  786  natural communities.
  787         (23)Title to lands to be held jointly by the board of
  788  trustees and a water management district and acquired pursuant
  789  to s. 373.139 may be deemed to meet the standards necessary for
  790  ownership by the board of trustees, notwithstanding this section
  791  or related rules.
  792         (24)For purposes of this section, the term “projects”
  793  means those Florida Forever projects selected pursuant to
  794  chapter 259.
  795         Section 2. Section 253.0251, Florida Statutes, is created
  796  to read:
  797         253.0251Alternatives to fee simple acquisition.—
  798         (1)The Legislature finds that:
  799         (a)With the increasing pressures on the natural areas of
  800  this state and on open space suitable for recreational use, the
  801  state must develop creative techniques to maximize the use of
  802  acquisition and management funds.
  803         (b)The state’s conservation and recreational land
  804  acquisition agencies should be encouraged to augment their
  805  traditional, fee simple acquisition programs with the use of
  806  alternatives to fee simple acquisition techniques. In addition,
  807  the Legislature finds that generations of private landowners
  808  have been good stewards of their land, protecting or restoring
  809  native habitats and ecosystems to the benefit of the natural
  810  resources of this state, its heritage, and its citizens. The
  811  Legislature also finds that using alternatives to fee simple
  812  acquisition by public land acquisition agencies will achieve the
  813  following public policy goals:
  814         1.Allow more lands to be brought under public protection
  815  for preservation, conservation, and recreational purposes with
  816  less expenditure of public funds.
  817         2.Retain, on local government tax rolls, some portion of
  818  or interest in lands which are under public protection.
  819         3.Reduce long-term management costs by allowing private
  820  property owners to continue acting as stewards of their land,
  821  when appropriate.
  822  
  823  Therefore, it is the intent of the Legislature that public land
  824  acquisition agencies develop programs to pursue alternatives to
  825  fee simple acquisition and to educate private landowners about
  826  such alternatives and the benefits of such alternatives. It is
  827  also the intent of the Legislature that a portion of the shares
  828  of Florida Forever bond proceeds be used to purchase eligible
  829  properties using alternatives to fee simple acquisition.
  830         (2)All applications for alternatives to fee simple
  831  acquisition projects shall identify, within their acquisition
  832  plans, projects that require a full fee simple interest to
  833  achieve the public policy goals, together with the reasons full
  834  title is determined to be necessary. The state agencies and the
  835  water management districts may use alternatives to fee simple
  836  acquisition to bring the remaining projects in their acquisition
  837  plans under public protection. For purposes of this section, the
  838  phrase “alternatives to fee simple acquisition” includes, but is
  839  not limited to, purchase of development rights; obtaining
  840  conservation easements; obtaining flowage easements; purchase of
  841  timber rights, mineral rights, or hunting rights; purchase of
  842  agricultural interests or silvicultural interests; fee simple
  843  acquisitions with reservations; creating life estates; or any
  844  other acquisition technique that achieves the public policy
  845  goals listed in subsection (1). It is presumed that a private
  846  landowner retains the full range of uses for all the rights or
  847  interests in the landowner’s land which are not specifically
  848  acquired by the public agency. The lands upon which hunting
  849  rights are specifically acquired pursuant to this section shall
  850  be available for hunting in accordance with the management plan
  851  or hunting regulations adopted by the Fish and Wildlife
  852  Conservation Commission, unless the hunting rights are purchased
  853  specifically to protect activities on adjacent lands.
  854         (3)When developing the acquisition plan pursuant to s.
  855  259.105, the Acquisition and Restoration Council may give
  856  preference to those less than fee simple acquisitions that
  857  provide any public access. However, the Legislature recognizes
  858  that public access is not always appropriate for certain less
  859  than fee simple acquisitions. Therefore, any proposed less than
  860  fee simple acquisition may not be rejected simply because public
  861  access would be limited.
  862         (4)The Department of Environmental Protection and each
  863  water management district shall implement initiatives to use
  864  alternatives to fee simple acquisition and to educate private
  865  landowners about such alternatives. The department and the water
  866  management districts may enter into joint acquisition agreements
  867  to jointly fund the purchase of lands using alternatives to fee
  868  simple techniques.
  869         (5)The Legislature finds that the lack of direct sales
  870  comparison information has served as an impediment to successful
  871  implementation of alternatives to fee simple acquisition. It is
  872  the intent of the Legislature that, in the absence of direct
  873  comparable sales information, appraisals of alternatives to fee
  874  simple acquisitions be based on the difference between the full
  875  fee simple valuation and the value of the interests remaining
  876  with the seller after acquisition.
  877         (6)The public agency that has been assigned management
  878  responsibility shall inspect and monitor any less than fee
  879  simple interest according to the terms of the purchase agreement
  880  relating to such interest.
  881         Section 3. Subsection (2), paragraph (c) of subsection (7),
  882  and subsections (11) and (15) of section 253.03, Florida
  883  Statutes, are amended to read:
  884         253.03 Board of trustees to administer state lands; lands
  885  enumerated.—
  886         (2) It is the intent of the Legislature that the board of
  887  trustees of the Internal Improvement Trust Fund continue to
  888  receive proceeds from the sale or disposition of the products of
  889  lands and the sale of lands of which the use and possession are
  890  not subsequently transferred by appropriate lease or similar
  891  instrument from the board of trustees to the proper using
  892  agency. Such using agency shall be entitled to the proceeds from
  893  the sale of products on, under, growing out of, or connected
  894  with lands which such using agency holds under lease or similar
  895  instrument from the board of trustees. The board of trustees of
  896  the Internal Improvement Trust Fund is directed and authorized
  897  to enter into leases or similar instruments for the use,
  898  benefit, and possession of public lands by agencies which may
  899  properly use and possess them for the benefit of the state. The
  900  board of trustees shall adopt by rule an annual administrative
  901  fee for all existing and future leases or similar instruments,
  902  to be charged agencies that are leasing land from it. This
  903  annual administrative fee assessed for all leases or similar
  904  instruments is to compensate the board for costs incurred in the
  905  administration and management of such leases or similar
  906  instruments.
  907         (7)
  908         (c) Structures which are listed in or are eligible for the
  909  National Register of Historic Places or the State Inventory of
  910  Historic Places which are over the waters of the state of
  911  Florida and which have a submerged land lease, or have been
  912  grandfathered-in to use sovereignty submerged lands until
  913  January 1, 1998, pursuant to former rule 18-21.00405, Florida
  914  Administrative Code, as it existed in rule on March 15, 1990,
  915  shall have the right to continue such submerged land leases,
  916  regardless of the fact that the present landholder is not an
  917  adjacent riparian landowner, so long as the lessee maintains the
  918  structure in a good state of repair consistent with the
  919  guidelines for listing. If the structure is damaged or
  920  destroyed, the lessee may shall be allowed to reconstruct, so
  921  long as the reconstruction is consistent with the integrity of
  922  the listed structure and does not increase the footprint of the
  923  structure. If a listed structure so listed falls into disrepair
  924  and the lessee is not willing to repair and maintain it
  925  consistent with its listing, the state may cancel the submerged
  926  lease and either repair and maintain the property or require
  927  that the structure be removed from sovereignty submerged lands.
  928         (11) The board of trustees of the Internal Improvement
  929  Trust Fund may adopt rules to provide for the assessment and
  930  collection of reasonable fees, commensurate with the actual cost
  931  to the board, for disclaimers, easements, exchanges, gifts,
  932  leases, releases, or sales of any interest in lands or any
  933  applications therefor and for reproduction of documents. All
  934  revenues received from the application fees charged by a water
  935  management district to process applications that include a
  936  request to use state lands are to be retained by the water
  937  management district. The board of trustees shall adopt by rule
  938  an annual administrative fee for all existing and future leases
  939  or similar instruments to be charged to agencies that are
  940  leasing land from the board of trustees. This annual
  941  administrative fee assessed for all leases or similar
  942  instruments is to compensate the board of trustees for costs
  943  incurred in the administration and management of such leases or
  944  similar instruments.
  945         (15) The board of trustees of the Internal Improvement
  946  Trust Fund shall encourage the use of sovereign submerged lands
  947  for public access and water-dependent uses which may include
  948  related minimal secondary nonwater-dependent uses and public
  949  access.
  950         Section 4. Subsections (8) and (9) of section 253.031,
  951  Florida Statutes, are renumbered as subsections (7) and (8),
  952  respectively, and present subsections (2) and (7) of that
  953  section are amended, to read:
  954         253.031 Land office; custody of documents concerning land;
  955  moneys; plats.—
  956         (2) The board of trustees of the Internal Improvement Trust
  957  Fund shall have custody of, and the department shall maintain,
  958  all the records, surveys, plats, maps, field notes, and patents
  959  and all other evidence touching the title and description of the
  960  public domain.
  961         (7)The board shall receive all of the tract books, plats,
  962  and such records and papers heretofore kept in the United States
  963  Land Office at Gainesville, Alachua County, as may be
  964  surrendered by the Secretary of the Interior; and the board
  965  shall carefully and safely keep and preserve all of said tract
  966  books, plats, records, and papers as part of the public records
  967  of its office, and at any time allow any duly accredited
  968  authority of the United States, full and free access to any and
  969  all of such tract books, plats, records, and papers, and shall
  970  furnish any duly accredited authority of the United States with
  971  copies of any such records without charge.
  972         Section 5. Section 253.034, Florida Statutes, is amended to
  973  read:
  974         253.034 State-owned lands; uses.—
  975         (1) All lands acquired pursuant to chapter 259 shall be
  976  managed to serve the public interest by protecting and
  977  conserving land, air, water, and the state’s natural resources,
  978  which contribute to the public health, welfare, and economy of
  979  the state. These lands shall be managed to provide for areas of
  980  natural resource based recreation, and to ensure the survival of
  981  plant and animal species and the conservation of finite and
  982  renewable natural resources. The state’s lands and natural
  983  resources shall be managed using a stewardship ethic that
  984  assures these resources will be available for the benefit and
  985  enjoyment of all people of the state, both present and future.
  986  It is the intent of the Legislature that, where feasible and
  987  consistent with the goals of protection and conservation of
  988  natural resources associated with lands held in the public trust
  989  by the Board of Trustees of the Internal Improvement Trust Fund,
  990  public land not designated for single-use purposes pursuant to
  991  paragraph (2)(b) be managed for multiple-use purposes. All
  992  multiple-use land management strategies shall address public
  993  access and enjoyment, resource conservation and protection,
  994  ecosystem maintenance and protection, and protection of
  995  threatened and endangered species, and the degree to which
  996  public-private partnerships or endowments may allow the entity
  997  with management responsibility to enhance its ability to manage
  998  these lands. The Acquisition and Restoration Council created in
  999  s. 259.035 shall recommend rules to the board of trustees, and
 1000  the board of trustees shall adopt rules necessary to carry out
 1001  the purposes of this section.
 1002         (2) As used in this section, the term following phrases
 1003  have the following meanings:
 1004         (a) “Multiple use” means the harmonious and coordinated
 1005  management of timber, recreation, conservation of fish and
 1006  wildlife, forage, archaeological and historic sites, habitat and
 1007  other biological resources, or water resources so that they are
 1008  used utilized in the combination that will best serve the people
 1009  of the state, making the most judicious use of the land for some
 1010  or all of these resources and giving consideration to the
 1011  relative values of the various resources. Where necessary and
 1012  appropriate for all state-owned lands that are larger than 1,000
 1013  acres in project size and are managed for multiple uses, buffers
 1014  may be formed around any areas that require special protection
 1015  or have special management needs. Such buffers may shall not
 1016  exceed more than one-half of the total acreage. Multiple uses
 1017  within a buffer area may be restricted to provide the necessary
 1018  buffering effect desired. Multiple use in this context includes
 1019  both uses of land or resources by more than one management
 1020  entity, which may include private sector land managers. In any
 1021  case, lands identified as multiple-use lands in the land
 1022  management plan shall be managed to enhance and conserve the
 1023  lands and resources for the enjoyment of the people of the
 1024  state.
 1025         (b) “Single use” means management for one particular
 1026  purpose to the exclusion of all other purposes, except that the
 1027  using entity shall have the option of including in its
 1028  management program compatible secondary purposes which will not
 1029  detract from or interfere with the primary management purpose.
 1030  Such single uses may include, but are not necessarily restricted
 1031  to, the use of agricultural lands for production of food and
 1032  livestock, the use of improved sites and grounds for
 1033  institutional purposes, and the use of lands for parks,
 1034  preserves, wildlife management, archaeological or historic
 1035  sites, or wilderness areas where the maintenance of essentially
 1036  natural conditions is important. All submerged lands shall be
 1037  considered single-use lands and shall be managed primarily for
 1038  the maintenance of essentially natural conditions, the
 1039  propagation of fish and wildlife, and public recreation,
 1040  including hunting and fishing where deemed appropriate by the
 1041  managing entity.
 1042         (c) “Conservation lands” means lands that are currently
 1043  managed for conservation, outdoor resource-based recreation, or
 1044  archaeological or historic preservation, except those lands that
 1045  were acquired solely to facilitate the acquisition of other
 1046  conservation lands. Lands acquired for uses other than
 1047  conservation, outdoor resource-based recreation, or
 1048  archaeological or historic preservation may shall not be
 1049  designated conservation lands except as otherwise authorized
 1050  under this section. These lands shall include, but not be
 1051  limited to, the following: correction and detention facilities,
 1052  military installations and facilities, state office buildings,
 1053  maintenance yards, state university or Florida College System
 1054  institution campuses, agricultural field stations or offices,
 1055  tower sites, law enforcement and license facilities,
 1056  laboratories, hospitals, clinics, and other sites that do not
 1057  possess no significant natural or historical resources. However,
 1058  lands acquired solely to facilitate the acquisition of other
 1059  conservation lands, and for which the land management plan has
 1060  not yet been completed or updated, may be evaluated by the Board
 1061  of Trustees of the Internal Improvement Trust Fund on a case-by
 1062  case basis to determine if they will be designated conservation
 1063  lands.
 1064         (d) “Public access,” as used in this chapter and chapter
 1065  259, means access by the general public to state lands and
 1066  water, including vessel access made possible by boat ramps,
 1067  docks, and associated support facilities, where compatible with
 1068  conservation and recreation objectives.
 1069  
 1070  Lands acquired by the state as a gift, through donation, or by
 1071  any other conveyance for which no consideration was paid, and
 1072  which are not managed for conservation, outdoor resource-based
 1073  recreation, or archaeological or historic preservation under a
 1074  land management plan approved by the board of trustees are not
 1075  conservation lands.
 1076         (3) Recognizing that recreational trails purchased with
 1077  rails-to-trails funds pursuant to former s. 259.101(3)(g),
 1078  Florida Statutes 2014, or s. 259.105(3)(h) have had historic
 1079  transportation uses and that their linear character may extend
 1080  many miles, the Legislature intends that if the necessity arises
 1081  to serve public needs, after balancing the need to protect trail
 1082  users from collisions with automobiles and a preference for the
 1083  use of overpasses and underpasses to the greatest extent
 1084  feasible and practical, transportation uses shall be allowed to
 1085  cross recreational trails purchased pursuant to former s.
 1086  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
 1087  these crossings are needed, the location and design should
 1088  consider and mitigate the impact on humans and environmental
 1089  resources, and the value of the land shall be paid based on fair
 1090  market value.
 1091         (4) A No management agreement, lease, or other instrument
 1092  authorizing the use of lands owned by the board of trustees may
 1093  not of the Internal Improvement Trust Fund shall be executed for
 1094  a period greater than is necessary to provide for the reasonable
 1095  use of the land for the existing or planned life cycle or
 1096  amortization of the improvements, except that an easement in
 1097  perpetuity may be granted by the board of trustees of the
 1098  Internal Improvement Trust Fund if the improvement is a
 1099  transportation facility. If an entity managing or leasing state
 1100  owned lands from the board of trustees does not meet the short
 1101  term goals under paragraph (5)(b) for conservation lands or
 1102  under paragraph (5)(i) for nonconservation lands, the Department
 1103  of Environmental Protection may submit the lands to the board of
 1104  trustees to consider whether to require the managing or leasing
 1105  entity to release its interest in the lands and to consider
 1106  whether to surplus the lands. If the state-owned land is
 1107  determined to be surplus, the board of trustees may require an
 1108  entity to release its interest in the lands. An entity managing
 1109  or leasing state-owned lands from the board of trustees may not
 1110  sublease such lands without prior review by the Division of
 1111  State Lands and, for conservation lands, by the Acquisition and
 1112  Restoration Council created in s. 259.035. All management
 1113  agreements, leases, or other instruments authorizing the use of
 1114  lands owned by the board of trustees shall be reviewed for
 1115  approval by the board of trustees or its designee. The council
 1116  is not required to review subleases of parcels which are less
 1117  than 160 acres in size.
 1118         (5) Each manager of conservation lands shall submit to the
 1119  Division of State Lands a land management plan at least every 10
 1120  years in a form and manner adopted prescribed by rule of by the
 1121  board of trustees and in accordance with the provisions of s.
 1122  259.032. Each manager of conservation lands shall also update a
 1123  land management plan whenever the manager proposes to add new
 1124  facilities or make substantive land use or management changes
 1125  that were not addressed in the approved plan, or within 1 year
 1126  after of the addition of significant new lands. Each manager of
 1127  nonconservation lands shall submit to the Division of State
 1128  Lands a land use plan at least every 10 years in a form and
 1129  manner adopted prescribed by rule of by the board of trustees.
 1130  The division shall review each plan for compliance with the
 1131  requirements of this subsection and the requirements of the
 1132  rules adopted established by the board of trustees pursuant to
 1133  this section. All nonconservation land use plans, whether for
 1134  single-use or multiple-use properties, shall be managed to
 1135  provide the greatest benefit to the state include an analysis of
 1136  the property to determine if any significant natural or cultural
 1137  resources are located on the property. Such resources include
 1138  archaeological and historic sites, state and federally listed
 1139  plant and animal species, and imperiled natural communities and
 1140  unique natural features. If such resources occur on the
 1141  property, the manager shall consult with the Division of State
 1142  Lands and other appropriate agencies to develop management
 1143  strategies to protect such resources. Land use plans shall also
 1144  provide for the control of invasive nonnative plants and
 1145  conservation of soil and water resources, including a
 1146  description of how the manager plans to control and prevent soil
 1147  erosion and soil or water contamination. Land use plans
 1148  submitted by a manager shall include reference to appropriate
 1149  statutory authority for such use or uses and shall conform to
 1150  the appropriate policies and guidelines of the state land
 1151  management plan. Plans for managed areas larger than 1,000 acres
 1152  shall contain an analysis of the multiple-use potential of the
 1153  property, which includes analysis shall include the potential of
 1154  the property to generate revenues to enhance the management of
 1155  the property. In addition Additionally, the plan shall contain
 1156  an analysis of the potential use of private land managers to
 1157  facilitate the restoration or management of these lands. If In
 1158  those cases where a newly acquired property has a valid
 1159  conservation plan that was developed by a soil and conservation
 1160  district, such plan shall be used to guide management of the
 1161  property until a formal land use plan is completed.
 1162         (a) State conservation lands shall be managed to ensure the
 1163  conservation of the state’s plant and animal species and to
 1164  ensure the accessibility of state lands for the benefit and
 1165  enjoyment of all people of the state, both present and future.
 1166  Each land management plan for state conservation lands shall
 1167  provide a desired outcome, describe both short-term and long
 1168  term management goals, and include measurable objectives to
 1169  achieve those goals. Short-term goals shall be achievable within
 1170  a 2-year planning period, and long-term goals shall be
 1171  achievable within a 10-year planning period. These short-term
 1172  and long-term management goals shall be the basis for all
 1173  subsequent land management activities.
 1174         (b) Short-term and long-term management goals for state
 1175  conservation lands shall include measurable objectives for the
 1176  following, as appropriate:
 1177         1. Habitat restoration and improvement.
 1178         2. Public access and recreational opportunities.
 1179         3. Hydrological preservation and restoration.
 1180         4. Sustainable forest management.
 1181         5. Exotic and invasive species maintenance and control.
 1182         6. Capital facilities and infrastructure.
 1183         7. Cultural and historical resources.
 1184         8. Imperiled species habitat maintenance, enhancement,
 1185  restoration, or population restoration.
 1186         (c) The land management plan shall, at a minimum, contain
 1187  the following elements:
 1188         1. A physical description of the land.
 1189         2. A quantitative data description of the land which
 1190  includes an inventory of forest and other natural resources;
 1191  exotic and invasive plants; hydrological features;
 1192  infrastructure, including recreational facilities; and other
 1193  significant land, cultural, or historical features. The
 1194  inventory shall reflect the number of acres for each resource
 1195  and feature, when appropriate. The inventory shall be of such
 1196  detail that objective measures and benchmarks can be established
 1197  for each tract of land and monitored during the lifetime of the
 1198  plan. All quantitative data collected shall be aggregated,
 1199  standardized, collected, and presented in an electronic format
 1200  to allow for uniform management reporting and analysis. The
 1201  information collected by the Department of Environmental
 1202  Protection pursuant to s. 253.0325(2) shall be available to the
 1203  land manager and his or her assignee.
 1204         3. A detailed description of each short-term and long-term
 1205  land management goal, the associated measurable objectives, and
 1206  the related activities that are to be performed to meet the land
 1207  management objectives. Each land management objective must be
 1208  addressed by the land management plan, and if where practicable,
 1209  a no land management objective may not shall be performed to the
 1210  detriment of the other land management objectives.
 1211         4. A schedule of land management activities which contains
 1212  short-term and long-term land management goals and the related
 1213  measurable objective and activities. The schedule shall include
 1214  for each activity a timeline for completion, quantitative
 1215  measures, and detailed expense and manpower budgets. The
 1216  schedule shall provide a management tool that facilitates
 1217  development of performance measures.
 1218         5. A summary budget for the scheduled land management
 1219  activities of the land management plan. For state lands
 1220  containing or anticipated to contain imperiled species habitat,
 1221  the summary budget shall include any fees anticipated from
 1222  public or private entities for projects to offset adverse
 1223  impacts to imperiled species or such habitat, which fees shall
 1224  be used solely to restore, manage, enhance, repopulate, or
 1225  acquire imperiled species habitat. The summary budget shall be
 1226  prepared in such manner that it facilitates computing an
 1227  aggregate of land management costs for all state-managed lands
 1228  using the categories described in s. 259.037(3).
 1229         (d) Upon completion, the land management plan must will be
 1230  transmitted to the Acquisition and Restoration Council for
 1231  review. The Acquisition and Restoration council shall have 90
 1232  days after receipt of the plan to review the plan and submit its
 1233  recommendations to the board of trustees. During the review
 1234  period, the land management plan may be revised if agreed to by
 1235  the primary land manager and the Acquisition and Restoration
 1236  council taking into consideration public input. If the
 1237  Acquisition and Restoration Council fails to make a
 1238  recommendation for a land management plan, the secretary of the
 1239  Department of Environmental Protection, Commissioner of
 1240  Agriculture, or Executive Director of the Fish and Wildlife
 1241  Conservation Commission or their designees shall submit the land
 1242  management plan to the board of trustees. The land management
 1243  plan becomes effective upon approval by the board of trustees.
 1244         (e) Land management plans are to be updated every 10 years
 1245  on a rotating basis. Each updated land management plan must
 1246  identify conservation lands under the plan, in part or in whole,
 1247  that are no longer needed for conservation purposes and could be
 1248  disposed of in fee simple or with the state retaining a
 1249  permanent conservation easement.
 1250         (f) In developing land management plans, at least one
 1251  public hearing shall be held in any one affected county.
 1252         (g) The Division of State Lands shall make available to the
 1253  public an electronic copy of each land management plan for
 1254  parcels that exceed 160 acres in size. The division of State
 1255  Lands shall review each plan for compliance with the
 1256  requirements of this subsection, the requirements of chapter
 1257  259, and the requirements of the rules adopted established by
 1258  the board of trustees pursuant to this section. The Acquisition
 1259  and Restoration Council shall also consider the propriety of the
 1260  recommendations of the managing entity with regard to the future
 1261  use of the property, the protection of fragile or nonrenewable
 1262  resources, the potential for alternative or multiple uses not
 1263  recognized by the managing entity, and the possibility of
 1264  disposal of the property by the board of trustees. After its
 1265  review, the council shall submit the plan, along with its
 1266  recommendations and comments, to the board of trustees. The
 1267  council shall specifically recommend to the board of trustees
 1268  whether to approve the plan as submitted, approve the plan with
 1269  modifications, or reject the plan. If the Acquisition and
 1270  Restoration council fails to make a recommendation for a land
 1271  management plan, the Secretary of the Department of
 1272  Environmental Protection, Commissioner of Agriculture, or
 1273  executive director of the Fish and Wildlife Conservation
 1274  Commission or their designees shall submit the land management
 1275  plan to the board of trustees.
 1276         (h) The board of trustees of the Internal Improvement Trust
 1277  Fund shall consider the land management plan submitted by each
 1278  entity and the recommendations of the Acquisition and
 1279  Restoration Council and the Division of State Lands and shall
 1280  approve the plan with or without modification or reject such
 1281  plan. The use or possession of any such lands that is not in
 1282  accordance with an approved land management plan is subject to
 1283  termination by the board of trustees.
 1284         (i)1.State nonconservation lands shall be managed to
 1285  provide the greatest benefit to the state. Each land use plan
 1286  shall, at a minimum, contain the following elements:
 1287         a.A physical description of the land to include any
 1288  significant natural or cultural resources as well as management
 1289  strategies developed by the land manager to protect such
 1290  resources.
 1291         b.A desired development outcome.
 1292         c.A schedule for achieving the desired development
 1293  outcome.
 1294         d.A description of both short-term and long-term
 1295  development goals.
 1296         e.A management and control plan for invasive nonnative
 1297  plants.
 1298         f.A management and control plan for soil erosion and soil
 1299  and water contamination.
 1300         g.Measureable objectives to achieve the goals identified
 1301  in the land use plan.
 1302         2.Short-term goals shall be achievable within a 5-year
 1303  planning period and long-term goals shall be achievable within a
 1304  10-year planning period.
 1305         3.The use or possession of any such lands that is not in
 1306  accordance with an approved land use plan is subject to
 1307  termination by the board of trustees.
 1308         4.Land use plans submitted by a manager shall include
 1309  reference to appropriate statutory authority for such use or
 1310  uses and shall conform to the appropriate policies and
 1311  guidelines of the state land management plan.
 1312         (6)The Board of Trustees of the Internal Improvement Trust
 1313  Fund shall determine which lands, the title to which is vested
 1314  in the board, may be surplused. For conservation lands, the
 1315  board shall determine whether the lands are no longer needed for
 1316  conservation purposes and may dispose of them by an affirmative
 1317  vote of at least three members. In the case of a land exchange
 1318  involving the disposition of conservation lands, the board must
 1319  determine by an affirmative vote of at least three members that
 1320  the exchange will result in a net positive conservation benefit.
 1321  For all other lands, the board shall determine whether the lands
 1322  are no longer needed and may dispose of them by an affirmative
 1323  vote of at least three members.
 1324         (a)For the purposes of this subsection, all lands acquired
 1325  by the state before July 1, 1999, using proceeds from
 1326  Preservation 2000 bonds, the former Conservation and Recreation
 1327  Lands Trust Fund, the former Water Management Lands Trust Fund,
 1328  Environmentally Endangered Lands Program, and the Save Our Coast
 1329  Program and titled to the board which are identified as core
 1330  parcels or within original project boundaries are deemed to have
 1331  been acquired for conservation purposes.
 1332         (b)For any lands purchased by the state on or after July
 1333  1, 1999, before acquisition, the board must determine which
 1334  parcels must be designated as having been acquired for
 1335  conservation purposes. Lands acquired for use by the Department
 1336  of Corrections, the Department of Management Services for use as
 1337  state offices, the Department of Transportation, except those
 1338  specifically managed for conservation or recreation purposes, or
 1339  the State University System or the Florida College System may
 1340  not be designated as having been purchased for conservation
 1341  purposes.
 1342         (c)At least every 10 years, as a component of each land
 1343  management plan or land use plan and in a form and manner
 1344  prescribed by rule by the board, each manager shall evaluate and
 1345  indicate to the board those lands that are not being used for
 1346  the purpose for which they were originally leased. For
 1347  conservation lands, the council shall review and recommend to
 1348  the board whether such lands should be retained in public
 1349  ownership or disposed of by the board. For nonconservation
 1350  lands, the division shall review such lands and recommend to the
 1351  board whether such lands should be retained in public ownership
 1352  or disposed of by the board.
 1353         (d)Lands owned by the board which are not actively managed
 1354  by any state agency or for which a land management plan has not
 1355  been completed pursuant to subsection (5) must be reviewed by
 1356  the council or its successor for its recommendation as to
 1357  whether such lands should be disposed of by the board.
 1358         (e)Before any decision by the board to surplus lands, the
 1359  Acquisition and Restoration Council shall review and make
 1360  recommendations to the board concerning the request for
 1361  surplusing. The council shall determine whether the request for
 1362  surplusing is compatible with the resource values of and
 1363  management objectives for such lands.
 1364         (f)In reviewing lands owned by the board, the council
 1365  shall consider whether such lands would be more appropriately
 1366  owned or managed by the county or other unit of local government
 1367  in which the land is located. The council shall recommend to the
 1368  board whether a sale, lease, or other conveyance to a local
 1369  government would be in the best interests of the state and local
 1370  government. The provisions of this paragraph in no way limit the
 1371  provisions of ss. 253.111 and 253.115. Such lands shall be
 1372  offered to the state, county, or local government for a period
 1373  of 45 days. Permittable uses for such surplus lands may include
 1374  public schools; public libraries; fire or law enforcement
 1375  substations; governmental, judicial, or recreational centers;
 1376  and affordable housing meeting the criteria of s. 420.0004(3).
 1377  County or local government requests for surplus lands shall be
 1378  expedited throughout the surplusing process. If the county or
 1379  local government does not elect to purchase such lands in
 1380  accordance with s. 253.111, any surplusing determination
 1381  involving other governmental agencies shall be made when the
 1382  board decides the best public use of the lands. Surplus
 1383  properties in which governmental agencies have expressed no
 1384  interest must then be available for sale on the private market.
 1385         (g)The sale price of lands determined to be surplus
 1386  pursuant to this subsection and s. 253.82 shall be determined by
 1387  the division, which shall consider an appraisal of the property,
 1388  or, if the estimated value of the land is $500,000 or less, a
 1389  comparable sales analysis or a broker’s opinion of value. The
 1390  division may require a second appraisal. The individual or
 1391  entity that requests to purchase the surplus parcel shall pay
 1392  all costs associated with determining the property’s value, if
 1393  any.
 1394         1.A written valuation of land determined to be surplus
 1395  pursuant to this subsection and s. 253.82, and related documents
 1396  used to form the valuation or which pertain to the valuation,
 1397  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1398  I of the State Constitution.
 1399         a.The exemption expires 2 weeks before the contract or
 1400  agreement regarding the purchase, exchange, or disposal of the
 1401  surplus land is first considered for approval by the board.
 1402         b.Before expiration of the exemption, the division may
 1403  disclose confidential and exempt appraisals, valuations, or
 1404  valuation information regarding surplus land:
 1405         (I)During negotiations for the sale or exchange of the
 1406  land.
 1407         (II)During the marketing effort or bidding process
 1408  associated with the sale, disposal, or exchange of the land to
 1409  facilitate closure of such effort or process.
 1410         (III)When the passage of time has made the conclusions of
 1411  value invalid.
 1412         (IV)When negotiations or marketing efforts concerning the
 1413  land are concluded.
 1414         2.A unit of government that acquires title to lands
 1415  hereunder for less than appraised value may not sell or transfer
 1416  title to all or any portion of the lands to any private owner
 1417  for 10 years. Any unit of government seeking to transfer or sell
 1418  lands pursuant to this paragraph must first allow the board of
 1419  trustees to reacquire such lands for the price at which the
 1420  board sold such lands.
 1421         (h)Parcels with a market value over $500,000 must be
 1422  initially offered for sale by competitive bid. The division may
 1423  use agents, as authorized by s. 253.431, for this process. Any
 1424  parcels unsuccessfully offered for sale by competitive bid, and
 1425  parcels with a market value of $500,000 or less, may be sold by
 1426  any reasonable means, including procuring real estate services,
 1427  open or exclusive listings, competitive bid, auction, negotiated
 1428  direct sales, or other appropriate services, to facilitate the
 1429  sale.
 1430         (i)After reviewing the recommendations of the council, the
 1431  board shall determine whether lands identified for surplus are
 1432  to be held for other public purposes or are no longer needed.
 1433  The board may require an agency to release its interest in such
 1434  lands. A state agency, county, or local government that has
 1435  requested the use of a property that was to be declared as
 1436  surplus must secure the property under lease within 90 days
 1437  after being notified that it may use such property.
 1438         (j)Requests for surplusing may be made by any public or
 1439  private entity or person. All requests shall be submitted to the
 1440  lead managing agency for review and recommendation to the
 1441  council or its successor. Lead managing agencies have 90 days to
 1442  review such requests and make recommendations. Any surplusing
 1443  requests that have not been acted upon within the 90-day time
 1444  period shall be immediately scheduled for hearing at the next
 1445  regularly scheduled meeting of the council or its successor.
 1446  Requests for surplusing pursuant to this paragraph are not
 1447  required to be offered to local or state governments as provided
 1448  in paragraph (f).
 1449         (k)Proceeds from the sale of surplus conservation lands
 1450  purchased before July 1, 2015, shall be deposited into the
 1451  Florida Forever Trust Fund.
 1452         (l)Proceeds from the sale of surplus conservation lands
 1453  purchased on or after July 1, 2015, shall be deposited into the
 1454  Land Acquisition Trust Fund, except when such lands were
 1455  purchased with funds other than those from the Land Acquisition
 1456  Trust Fund or a land acquisition trust fund created to implement
 1457  s. 28, Art. X of the State Constitution, the proceeds shall be
 1458  deposited into the fund from which the lands were purchased.
 1459         (m)Funds received from the sale of surplus nonconservation
 1460  lands or lands that were acquired by gift, by donation, or for
 1461  no consideration shall be deposited into the Internal
 1462  Improvement Trust Fund.
 1463         (n)Notwithstanding this subsection, such disposition of
 1464  land may not be made if it would have the effect of causing all
 1465  or any portion of the interest on any revenue bonds issued to
 1466  lose the exclusion from gross income for federal income tax
 1467  purposes.
 1468         (o)The sale of filled, formerly submerged land that does
 1469  not exceed 5 acres in area is not subject to review by the
 1470  council or its successor.
 1471         (p)The board may adopt rules to administer this section
 1472  which may include procedures for administering surplus land
 1473  requests and criteria for when the division may approve requests
 1474  to surplus nonconservation lands on behalf of the board.
 1475         (6)(7) This section does shall not be construed so as to
 1476  affect:
 1477         (a) Other provisions of this chapter relating to oil, gas,
 1478  or mineral resources.
 1479         (b) The exclusive use of state-owned land subject to a
 1480  lease by the board of trustees of the Internal Improvement Trust
 1481  Fund of state-owned land for private uses and purposes.
 1482         (c) Sovereignty lands not leased for private uses and
 1483  purposes.
 1484         (7)(8)(a) The Legislature recognizes the value of the
 1485  state’s conservation lands as water recharge areas and air
 1486  filters.
 1487         (b) If state-owned lands are subject to annexation
 1488  procedures, the Division of State Lands must notify the county
 1489  legislative delegation of the county in which the land is
 1490  located.
 1491         (8)(9) Land management plans required to be submitted by
 1492  the Department of Corrections, the Department of Juvenile
 1493  Justice, the Department of Children and Families, or the
 1494  Department of Education are not subject to the provisions for
 1495  review by the Acquisition and Restoration Council or its
 1496  successor described in subsection (5). Management plans filed by
 1497  these agencies shall be made available to the public for a
 1498  period of 90 days at the administrative offices of the parcel or
 1499  project affected by the management plan and at the Tallahassee
 1500  offices of each agency. Any plans not objected to during the
 1501  public comment period shall be deemed approved. Any plans for
 1502  which an objection is filed shall be submitted to the board of
 1503  trustees of the Internal Improvement Trust Fund for
 1504  consideration. The board of trustees of the Internal Improvement
 1505  Trust Fund shall approve the plan with or without modification,
 1506  or reject the plan. The use or possession of any such lands
 1507  which is not in accordance with an approved land management plan
 1508  is subject to termination by the board of trustees.
 1509         (9)(10) The following additional uses of conservation lands
 1510  acquired pursuant to the Florida Forever program and other
 1511  state-funded conservation land purchase programs shall be
 1512  authorized, upon a finding by the board of trustees, if they
 1513  meet the criteria specified in paragraphs (a)-(e): water
 1514  resource development projects, water supply development
 1515  projects, stormwater management projects, linear facilities, and
 1516  sustainable agriculture and forestry. Such additional uses are
 1517  authorized if where:
 1518         (a) The use is not inconsistent with the management plan
 1519  for such lands;
 1520         (b) The use is compatible with the natural ecosystem and
 1521  resource values of such lands;
 1522         (c) The proposed use is appropriately located on such lands
 1523  and if where due consideration is given to the use of other
 1524  available lands;
 1525         (d) The using entity reasonably compensates the titleholder
 1526  for such use based upon an appropriate measure of value; and
 1527         (e) The use is consistent with the public interest.
 1528  
 1529  A decision by the board of trustees pursuant to this section
 1530  shall be given a presumption of correctness. Moneys received
 1531  from the use of state lands pursuant to this section shall be
 1532  returned to the lead managing entity in accordance with s.
 1533  259.032(9)(c).
 1534         (10)(11) Lands listed as projects for acquisition may be
 1535  managed for conservation pursuant to s. 259.032, on an interim
 1536  basis by a private party in anticipation of a state purchase in
 1537  accordance with a contractual arrangement between the acquiring
 1538  agency and the private party that may include management service
 1539  contracts, leases, cost-share arrangements or resource
 1540  conservation agreements. Lands designated as eligible under this
 1541  subsection shall be managed to maintain or enhance the resources
 1542  the state is seeking to protect by acquiring the land. Funding
 1543  for these contractual arrangements may originate from the
 1544  documentary stamp tax revenue deposited into the Land
 1545  Acquisition Trust Fund. No more than $6.2 million may be
 1546  expended from the Land Acquisition Trust Fund for this purpose.
 1547         (11)(12) Any lands available to governmental employees,
 1548  including water management district employees, for hunting or
 1549  other recreational purposes shall also be made available to the
 1550  general public for such purposes.
 1551         (13)Before a building or parcel of land is offered for
 1552  lease or sale to a local or federal unit of government or a
 1553  private party, it shall first be offered for lease to state
 1554  agencies, state universities, and Florida College System
 1555  institutions, with priority consideration given to state
 1556  universities and Florida College System institutions. Within 60
 1557  days after the offer for lease of a surplus building or parcel,
 1558  a state university or Florida College System institution that
 1559  requests the lease must submit a plan for review and approval by
 1560  the Board of Trustees of the Internal Improvement Trust Fund
 1561  regarding the intended use, including future use, of the
 1562  building or parcel of land before approval of a lease. Within 60
 1563  days after the offer for lease of a surplus building or parcel,
 1564  a state agency that requests the lease of such facility or
 1565  parcel must submit a plan for review and approval by the board
 1566  of trustees regarding the intended use. The state agency plan
 1567  must, at a minimum, include the proposed use of the facility or
 1568  parcel, the estimated cost of renovation, a capital improvement
 1569  plan for the building, evidence that the building or parcel
 1570  meets an existing need that cannot otherwise be met, and other
 1571  criteria developed by rule by the board of trustees. The board
 1572  or its designee shall compare the estimated value of the
 1573  building or parcel to any submitted business plan to determine
 1574  if the lease or sale is in the best interest of the state. The
 1575  board of trustees shall adopt rules pursuant to chapter 120 for
 1576  the implementation of this section.
 1577         Section 6. Section 253.0341, Florida Statutes, is amended
 1578  to read:
 1579         253.0341 Surplus of state-owned lands to counties or local
 1580  governments.—Counties and local governments may submit
 1581  surplusing requests for state-owned lands directly to the board
 1582  of trustees. County or local government requests for the state
 1583  to surplus conservation or nonconservation lands, whether for
 1584  purchase or exchange, shall be expedited throughout the
 1585  surplusing process. Property jointly acquired by the state and
 1586  other entities shall not be surplused without the consent of all
 1587  joint owners.
 1588         (1) The board of trustees shall determine which lands, the
 1589  title to which is vested in the board, may be surplused. For all
 1590  conservation lands, the Acquisition and Restoration Council
 1591  shall make a recommendation to the board of trustees, and the
 1592  board of trustees shall determine whether the lands are no
 1593  longer needed for conservation purposes. If the board of
 1594  trustees determines the lands are no longer needed for
 1595  conservation purposes, it may dispose of such lands by an
 1596  affirmative vote of at least three members. In the case of a
 1597  land exchange involving the disposition of conservation lands,
 1598  the board of trustees must determine by an affirmative vote of
 1599  at least three members that the exchange will result in a net
 1600  positive conservation benefit. For all nonconservation lands,
 1601  the board of trustees shall determine whether the lands are no
 1602  longer needed. If the board of trustees determines the lands are
 1603  no longer needed, it may dispose of such lands by an affirmative
 1604  vote of at least three members. Local government requests for
 1605  the state to surplus conservation or nonconservation lands,
 1606  whether for purchase or exchange, shall be expedited throughout
 1607  the surplusing process. Property jointly acquired by the state
 1608  and other entities may not be surplused without the consent of
 1609  all joint owners The decision to surplus state-owned
 1610  nonconservation lands may be made by the board without a review
 1611  of, or a recommendation on, the request from the Acquisition and
 1612  Restoration Council or the Division of State Lands. Such
 1613  requests for nonconservation lands shall be considered by the
 1614  board within 60 days of the board’s receipt of the request.
 1615         (2) For purposes of this section, all lands acquired by the
 1616  state before July 1, 1999, using proceeds from Preservation 2000
 1617  bonds, the former Conservation and Recreation Lands Trust Fund,
 1618  the former Water Management Lands Trust Fund, Environmentally
 1619  Endangered Lands Program, and the Save Our Coast Program and
 1620  titled to the board of trustees which are identified as core
 1621  parcels or within original project boundaries are deemed to have
 1622  been acquired for conservation purposes County or local
 1623  government requests for the surplusing of state-owned
 1624  conservation lands are subject to review of, and recommendation
 1625  on, the request to the board by the Acquisition and Restoration
 1626  Council. Requests to surplus conservation lands shall be
 1627  considered by the board within 120 days of the board’s receipt
 1628  of the request.
 1629         (3) For any lands purchased by the state on or after July
 1630  1, 1999, before acquisition, the board of trustees must
 1631  determine which parcels must be designated as having been
 1632  acquired for conservation purposes. Lands acquired for use by
 1633  the Department of Corrections; the Department of Management
 1634  Services for use as state offices; the Department of
 1635  Transportation, except those lands specifically managed for
 1636  conservation or recreation purposes; the State University
 1637  System; or the Florida College System may not be designated as
 1638  having been acquired for conservation purposes A local
 1639  government may request that state lands be specifically declared
 1640  surplus lands for the purpose of providing alternative water
 1641  supply and water resource development projects as defined in s.
 1642  373.019, public facilities such as schools, fire and police
 1643  facilities, and affordable housing. The request shall comply
 1644  with the requirements of subsection (1) if the lands are
 1645  nonconservation lands or subsection (2) if the lands are
 1646  conservation lands. Surplus lands that are conveyed to a local
 1647  government for affordable housing shall be disposed of by the
 1648  local government under the provisions of s. 125.379 or s.
 1649  166.0451.
 1650         (4)(a)At least every 10 years, as a component of each land
 1651  management plan or land use plan and in a form and manner
 1652  adopted by rule of the board of trustees, each manager shall
 1653  evaluate and indicate to the board of trustees those lands that
 1654  are not being used for the purpose for which they were
 1655  originally leased. For conservation lands, the Acquisition and
 1656  Restoration Council shall review and recommend to the board of
 1657  trustees whether such lands should be retained in public
 1658  ownership or disposed of by the board of trustees. For
 1659  nonconservation lands, the Division of State Lands shall review
 1660  and recommend to the board of trustees whether such lands should
 1661  be retained in public ownership or disposed of by the board of
 1662  trustees Notwithstanding the requirements of this section and
 1663  the requirements of s. 253.034 which provides a surplus process
 1664  for the disposal of state lands, the board shall convey to
 1665  Miami-Dade County title to the property on which the Graham
 1666  Building, which houses the offices of the Miami-Dade State
 1667  Attorney, is located. By January 1, 2008, the board shall convey
 1668  fee simple title to the property to Miami-Dade County for a
 1669  consideration of one dollar. The deed conveying title to Miami
 1670  Dade County must contain restrictions that limit the use of the
 1671  property for the purpose of providing workforce housing as
 1672  defined in s. 420.5095, and to house the offices of the Miami
 1673  Dade State Attorney. Employees of the Miami-Dade State Attorney
 1674  and the Miami-Dade Public Defender who apply for and meet the
 1675  income qualifications for workforce housing shall receive
 1676  preference over other qualified applicants.
 1677         (b)At least every 10 years, the Division of State Lands
 1678  shall review all state-owned conservation lands titled to the
 1679  board of trustees to determine whether any such lands are no
 1680  longer needed for conservation purposes and could be disposed of
 1681  in fee simple or with the state retaining a permanent
 1682  conservation easement. After such review, the division shall
 1683  submit a list of such lands, including additional conservation
 1684  lands identified in an updated land management plan pursuant to
 1685  s. 253.034(5), to the Acquisition and Restoration Council.
 1686  Within 9 months after receiving the list, the council shall
 1687  provide recommendations to the board of trustees as to whether
 1688  any such lands are no longer needed for conservation purposes
 1689  and could be disposed of in fee simple or with the state
 1690  retaining a permanent conservation easement. After reviewing
 1691  such list and considering such recommendations, if the board of
 1692  trustees determines by an affirmative vote of at least three
 1693  members that any such lands are no longer needed for
 1694  conservation purposes, the board of trustees shall dispose of
 1695  the lands in fee simple or with the state retaining a permanent
 1696  conservation easement.
 1697         (c)At least every 10 years, the Division of State Lands
 1698  shall review all encumbered and unencumbered nonconservation
 1699  lands titled to the board of trustees and recommend to the board
 1700  of trustees whether any such lands should be retained in public
 1701  ownership or disposed of by the board of trustees. The board of
 1702  trustees may dispose of nonconservation lands under this
 1703  paragraph by a majority vote of the members.
 1704         (5)Conservation lands owned by the board of trustees which
 1705  are not actively managed by any state agency or for which a land
 1706  management plan has not been completed pursuant to s. 253.034(5)
 1707  must be reviewed by the Acquisition and Restoration Council for
 1708  its recommendation as to whether such lands should be disposed
 1709  of by the board of trustees.
 1710         (6)Before any decision by the board of trustees to surplus
 1711  conservation lands, the Acquisition and Restoration Council
 1712  shall review and make recommendations to the board of trustees
 1713  concerning the request for surplusing. The council shall
 1714  determine whether the request for surplusing is compatible with
 1715  the resource values of and management objectives for such lands.
 1716         (7)In reviewing conservation lands owned by the board of
 1717  trustees, the Acquisition and Restoration Council shall consider
 1718  whether such lands would be more appropriately owned or managed
 1719  by the county or other unit of local government in which the
 1720  land is located. The council shall recommend to the board of
 1721  trustees whether a sale, lease, or other conveyance to a local
 1722  government would be in the best interests of the state and local
 1723  government. This subsection does not limit the provisions of ss.
 1724  253.111 and 253.115. If the county or local government does not
 1725  elect to purchase such lands in accordance with s. 253.111, any
 1726  surplusing determination involving other governmental agencies
 1727  shall be made when the board of trustees decides the best public
 1728  use of the lands. Surplus properties in which governmental
 1729  agencies have not expressed interest must then be available for
 1730  sale on the private market.
 1731         (8)Before a facility or parcel of nonconservation land is
 1732  offered for lease or sale to a local or federal unit of
 1733  government or a private party, it shall first be offered for
 1734  lease to state agencies, state universities, and Florida College
 1735  System institutions, with priority consideration given to state
 1736  universities and Florida College System institutions. Within 45
 1737  days after the offer for lease of a surplus building or parcel,
 1738  a state agency, state university, or Florida College System
 1739  institution that requests the lease must submit a plan to the
 1740  board of trustees that includes a description of the proposed
 1741  use, including future use, of the building or parcel of land.
 1742  The board of trustees must review and approve the plan before
 1743  approving the lease. The state agency plan must, at a minimum,
 1744  include the proposed use of the facility or parcel, the
 1745  estimated cost of renovation, a capital improvement plan for the
 1746  building, evidence that the building or parcel meets an existing
 1747  need that cannot otherwise be met, and other criteria adopted by
 1748  rule of the board of trustees. The board of trustees or its
 1749  designee shall compare the estimated value of the facility or
 1750  parcel to any submitted business plan to determine if the lease
 1751  or sale is in the best interest of the state. The board of
 1752  trustees shall adopt rules pursuant to chapter 120 to implement
 1753  this section. A state agency or local government that has
 1754  requested the use of a property that was to be declared as
 1755  surplus must secure the property with a fully executed lease
 1756  within 90 days after being notified that it may use such
 1757  property or the request is voidable.
 1758         (9)The sale price of lands determined to be surplus
 1759  pursuant to this section and s. 253.82 shall be determined by
 1760  the Division of State Lands, which shall consider an appraisal
 1761  of the property or, if the estimated value of the land is
 1762  $500,000 or less, a comparable sales analysis or a broker’s
 1763  opinion of value. The division may require a second appraisal.
 1764  The individual or entity that requests to purchase the surplus
 1765  parcel shall pay all costs associated with determining the
 1766  property’s value, if any.
 1767         (a)A written valuation of land determined to be surplus
 1768  pursuant to this section and s. 253.82, and related documents
 1769  used to form the valuation or which pertain to the valuation,
 1770  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1771  I of the State Constitution.
 1772         1.The exemption expires 2 weeks before the contract or
 1773  agreement regarding the purchase, exchange, or disposal of the
 1774  surplus land is first considered for approval by the board of
 1775  trustees.
 1776         2.Before expiration of the exemption, the Division of
 1777  State Lands may disclose confidential and exempt appraisals,
 1778  valuations, or valuation information regarding surplus land:
 1779         a.During negotiations for the sale or exchange of the
 1780  land;
 1781         b.During the marketing effort or bidding process
 1782  associated with the sale, disposal, or exchange of the land to
 1783  facilitate closure of such effort or process;
 1784         c.When the passage of time has made the conclusions of
 1785  value invalid; or
 1786         d.When negotiations or marketing efforts concerning the
 1787  land are concluded.
 1788         (b)A unit of government that acquires title to lands
 1789  pursuant to this section for less than appraised value may not
 1790  sell or transfer title to all or any portion of the lands to any
 1791  private owner for 10 years. A unit of government seeking to
 1792  transfer or sell lands pursuant to this paragraph must first
 1793  allow the board of trustees to reacquire such lands for the
 1794  price at which the board of trustees sold such lands.
 1795         (10)Parcels with a market value over $500,000 must be
 1796  initially offered for sale by competitive bid. Any parcels
 1797  unsuccessfully offered for sale by competitive bid, and parcels
 1798  with a market value of $500,000 or less, may be sold by any
 1799  reasonable means, including procuring real estate services, open
 1800  or exclusive listings, competitive bid, auction, negotiated
 1801  direct sales, or other appropriate services, to facilitate the
 1802  sale.
 1803         (11)After reviewing the recommendations of the Acquisition
 1804  and Restoration Council, the board of trustees shall determine
 1805  whether conservation lands identified for surplus should be held
 1806  for other public purposes or are no longer needed. The board of
 1807  trustees may require an agency to release its interest in such
 1808  lands. A state entity, state agency, local government, or state
 1809  university or Florida College System institution that has
 1810  requested the use of a property that was to be declared as
 1811  surplus must secure the property under a fully executed lease
 1812  within 90 days after being notified that it may use such
 1813  property or the request is voidable.
 1814         (12)Requests to surplus lands may be made by any public or
 1815  private entity or person and shall be determined by the board of
 1816  trustees. All requests to surplus conservation lands shall be
 1817  submitted to the lead managing agency for review and
 1818  recommendation to the Acquisition and Restoration Council, and
 1819  all requests to surplus nonconservation lands shall be submitted
 1820  to the Division of State Lands for review and recommendation to
 1821  the board of trustees. The lead managing agencies shall review
 1822  such requests and make recommendations to the council within 90
 1823  days after receipt of the requests. Any requests to surplus
 1824  conservation lands that are not acted upon within the 90-day
 1825  period shall be immediately scheduled for hearing at the next
 1826  regularly scheduled meeting of the council. Requests to surplus
 1827  lands shall be considered by the board of trustees within 60
 1828  days after receipt of the requests from the council or division.
 1829  Requests to surplus lands pursuant to this subsection are not
 1830  required to be offered to local or state governments as provided
 1831  in subsection (7) or subsection (8).
 1832         (13)Proceeds from the sale of surplus conservation lands
 1833  purchased before July 1, 2015, shall be deposited into the
 1834  Florida Forever Trust Fund.
 1835         (14)Proceeds from the sale of surplus conservation lands
 1836  purchased on or after July 1, 2015, shall be deposited into the
 1837  Land Acquisition Trust Fund, except when such lands were
 1838  purchased with funds other than those from the Land Acquisition
 1839  Trust Fund or a land acquisition trust fund created to implement
 1840  s. 28, Art. X of the State Constitution, the proceeds shall be
 1841  deposited into the fund from which the lands were purchased.
 1842         (15)Funds received from the sale of surplus
 1843  nonconservation lands or lands that were acquired by gift, by
 1844  donation, or for no consideration shall be deposited into the
 1845  Internal Improvement Trust Fund.
 1846         (16)Notwithstanding this section, such disposition of land
 1847  may not be made if it would have the effect of causing all or
 1848  any portion of the interest on any revenue bonds issued to lose
 1849  the exclusion from gross income for federal income tax purposes.
 1850         (17)The sale of filled, formerly submerged land that does
 1851  not exceed 5 acres in area is not subject to review by the
 1852  Acquisition and Restoration Council.
 1853         (18)The board of trustees may adopt rules to administer
 1854  this section, including procedures for administering surplus
 1855  land requests and criteria for when the Division of State Lands
 1856  may approve requests to surplus nonconservation lands on behalf
 1857  of the board of trustees.
 1858         (19)Surplus lands that are conveyed to a local government
 1859  for affordable housing shall be disposed of by the local
 1860  government under s. 125.379 or s. 166.0451.
 1861         Section 7. Section 253.111, Florida Statutes, is amended to
 1862  read:
 1863         253.111 Notice to county and municipality board of county
 1864  commissioners before sale.—The Board of Trustees of the Internal
 1865  Improvement Trust Fund of the state may not sell any land to
 1866  which it holds they hold title unless and until it affords they
 1867  afford an opportunity to the county and municipality in which
 1868  such land is situated to receive such land on the following
 1869  terms and conditions:
 1870         (1) If a request an application is filed with the Division
 1871  of State Lands board requesting that the board of trustees they
 1872  sell certain land to which it holds they hold title and the
 1873  board of trustees decides to sell such land or if the board of
 1874  trustees, without such request application, decides to sell such
 1875  land, the board of trustees shall, before consideration of any
 1876  private offers, notify the governing body board of county
 1877  commissioners of the county and municipality in which such land
 1878  is situated that such land is available to such county and
 1879  municipality. Such notification shall be given by registered or
 1880  express mail, return receipt requested, any commercial delivery
 1881  service requiring a signed receipt, or electronic notification
 1882  with return receipt.
 1883         (2) The governing bodies board of county commissioners of
 1884  the county and municipality in which such land is situated shall
 1885  each, within 40 days after receipt of such notification from the
 1886  board, determine by resolution whether or not it proposes to
 1887  acquire such land.
 1888         (3) If the board of trustees receives, within 45 days after
 1889  notice is given to the governing bodies of the county and
 1890  municipality board of county commissioners pursuant to
 1891  subsection (1), the certified copy of the resolution provided
 1892  for in subsection (2), the board of trustees shall forthwith
 1893  convey to the county or municipality such land at a price that
 1894  is equal to its appraised market value based on, at the
 1895  discretion of the Division of State Lands, an appraisal, a
 1896  comparable sales analysis, or a broker’s opinion of value
 1897  established by generally accepted professional standards for
 1898  real estate appraisal and subject to such other terms and
 1899  conditions as the board of trustees determines. If a parcel is
 1900  located within a municipality, priority consideration shall be
 1901  given to the municipality over the county.
 1902         (4) Nothing in This section does not restrict restricts any
 1903  right otherwise granted to the board of trustees by this chapter
 1904  to convey land to which it holds they hold title to the state or
 1905  any department, office, authority, board, bureau, commission,
 1906  institution, court, tribunal, agency, or other instrumentality
 1907  of or under the state. For purposes of this section, the term
 1908  word “land” as used in this act means all lands vested in the
 1909  Board of Trustees of the Internal Improvement Trust Fund.
 1910         (5) If any riparian owner exists with respect to any land
 1911  to be sold by the board of trustees, such riparian owner shall
 1912  have a right to secure such land, which right is prior in
 1913  interest to the right in the county and municipality created by
 1914  this section, provided that such riparian owner shall be
 1915  required to pay for such land upon such prices, terms, and
 1916  conditions as determined by the board of trustees. Such riparian
 1917  owner may waive this prior right, in which case this section
 1918  shall apply.
 1919         (6) This section does not apply to:
 1920         (a) Any land exchange approved by the board of trustees;
 1921         (b) The conveyance of any lands located within the
 1922  Everglades Agricultural Area; or
 1923         (c) Lands managed pursuant to ss. 253.781-253.785.
 1924         Section 8. Section 253.42, Florida Statutes, is amended to
 1925  read:
 1926         253.42 Board of trustees may exchange lands.—The provisions
 1927  of This section applies apply to all lands owned by, vested in,
 1928  or titled in the name of the board of trustees whether the lands
 1929  were acquired by the state as a purchase, or through gift,
 1930  donation, or any other conveyance for which no consideration was
 1931  paid.
 1932         (1) The board of trustees may exchange any lands owned by,
 1933  vested in, or titled in its the name of the board for other
 1934  lands in the state owned by counties, local governments,
 1935  individuals, or private or public corporations, and may fix the
 1936  terms and conditions of any such exchange. Any nonconservation
 1937  lands that were acquired by the state through gift, donation, or
 1938  any other conveyance for which no consideration was paid must
 1939  first be offered at no cost to a county or local government
 1940  unless otherwise provided in a deed restriction of record or
 1941  other legal impediment, and so long as the use proposed by the
 1942  county or local government is for a public purpose. For
 1943  conservation lands acquired by the state through gift, donation,
 1944  or any other conveyance for which no consideration was paid, the
 1945  state may request land of equal conservation value from the
 1946  county or local government but no other consideration.
 1947         (2) In exchanging state-owned lands not acquired by the
 1948  state through gift, donation, or any other conveyance for which
 1949  no consideration was paid, with counties or local governments,
 1950  the board of trustees shall require an exchange of equal value.
 1951  Equal value is defined as the conservation benefit of the lands
 1952  being offered for exchange by a county or local government being
 1953  equal or greater in conservation benefit than the state-owned
 1954  lands. Such exchanges may include cash transactions if based on
 1955  an appropriate measure of value of the state-owned land, but
 1956  must also include the determination of a net-positive
 1957  conservation benefit by the Acquisition and Restoration Council,
 1958  irrespective of appraised value.
 1959         (3) The board of trustees shall select and agree upon the
 1960  state lands to be exchanged and the lands to be conveyed to the
 1961  state and shall pay or receive any sum of money the board of
 1962  trustees deems deemed necessary by the board for the purpose of
 1963  equalizing the value of the exchanged property. The board of
 1964  trustees is authorized to make and enter into contracts or
 1965  agreements for such purpose or purposes.
 1966         (4)(a)A person who owns land contiguous to state-owned
 1967  land titled to the board of trustees may submit a request to the
 1968  Division of State Lands to exchange all or a portion of the
 1969  privately owned land for all or a portion of the state-owned
 1970  land, whereby the state retains a permanent conservation
 1971  easement over all or a portion of the exchanged state-owned land
 1972  and a permanent conservation easement over all or a portion of
 1973  the exchanged privately owned land. State-owned land exchanged
 1974  pursuant to this subsection shall be contiguous to the privately
 1975  owned land upon which the state retains a permanent conservation
 1976  easement. The division may submit such request to the
 1977  Acquisition and Restoration Council for review. If the division
 1978  submits a request to the council, the council shall provide
 1979  recommendations to the division. After receiving the council’s
 1980  recommendations, the division shall review the request and the
 1981  council’s recommendations and may provide recommendations to the
 1982  board of trustees. This subsection does not apply to state-owned
 1983  sovereign submerged land.
 1984         (b)After receiving a request and the division’s
 1985  recommendations, the board of trustees shall consider such
 1986  request and recommendations and may approve the request if:
 1987         1.At least 30 percent of the perimeter of the privately
 1988  owned land is bordered by state-owned land and the exchange does
 1989  not create an inholding.
 1990         2.The approval does not result in a violation of the terms
 1991  of a preexisting lease or agreement by the board of trustees,
 1992  the Department of Environmental Protection, the Department of
 1993  Agriculture and Consumer Services, or the Fish and Wildlife
 1994  Conservation Commission.
 1995         3.For state-owned land purchased for conservation
 1996  purposes, the board of trustees makes a determination that the
 1997  exchange of land under this subsection will result in a positive
 1998  conservation benefit.
 1999         4.The approval does not conflict with any existing flowage
 2000  easement.
 2001         5.The request is approved by three or more members of the
 2002  board of trustees.
 2003         (c)Special consideration shall be given to a request that
 2004  maintains public access for any recreational purpose allowed on
 2005  the state-owned land at the time the request is submitted to the
 2006  board of trustees. A person who maintains public access pursuant
 2007  to this paragraph is entitled to the limitation on liability
 2008  provided in s. 375.251.
 2009         (d)Land subject to a permanent conservation easement
 2010  granted pursuant to this subsection is subject to inspection by
 2011  the Department of Environmental Protection to ensure compliance
 2012  with the terms of the permanent conservation easement.
 2013         Section 9. Subsection (2) of section 253.782, Florida
 2014  Statutes, is amended to read:
 2015         253.782 Retention of state-owned lands in and around Lake
 2016  Rousseau and the Cross Florida Barge Canal right-of-way from
 2017  Lake Rousseau west to the Withlacoochee River.—
 2018         (2) The Department of Environmental Protection is
 2019  authorized and directed to retain ownership of and maintain all
 2020  lands or interests in land owned by the Board of Trustees of the
 2021  Internal Improvement Trust Fund, including all fee and less
 2022  than-fee interests in lands previously owned by the canal
 2023  authority in Lake Rousseau and the Cross Florida Barge Canal
 2024  right-of-way from Lake Rousseau at U.S. Highway 41 west to and
 2025  including the Withlacoochee River.
 2026         Section 10. Section 253.7821, Florida Statutes, is amended
 2027  to read:
 2028         253.7821 Cross Florida Greenways State Recreation and
 2029  Conservation Area assigned to the Department of Environmental
 2030  Protection Office of the Executive Director.—The Cross Florida
 2031  Greenways State Recreation and Conservation Area is hereby
 2032  established and is initially assigned to the department Office
 2033  of Greenways Management within the Office of the Secretary. The
 2034  department office shall manage the greenways pursuant to the
 2035  department’s existing statutory authority until administrative
 2036  rules are adopted by the department. However, the provisions of
 2037  this act shall control in any conflict between this act and any
 2038  other authority of the department.
 2039         Section 11. Section 253.87, Florida Statutes, is created to
 2040  read:
 2041         253.87Inventory of state, federal, and local government
 2042  conservation lands by the Department of Environmental
 2043  Protection.—
 2044         (1)By July 1, 2018, the department shall include in the
 2045  Florida State-Owned Lands and Records Information System (FL
 2046  SOLARIS) database all federally owned conservation lands, all
 2047  lands on which the Federal Government retains a permanent
 2048  conservation easement, and all lands on which the state retains
 2049  a permanent conservation easement. The department shall update
 2050  the database at least every 5 years.
 2051         (2)By July 1, 2018, for counties and municipalities, and
 2052  by July 1, 2019, for financially disadvantaged small
 2053  communities, as defined in s. 403.1838, and at least every 5
 2054  years thereafter, respectively, each county, municipality, and
 2055  financially disadvantaged small community shall identify all
 2056  conservation lands that it owns in fee simple and all lands on
 2057  which it retains a permanent conservation easement and submit,
 2058  in a manner determined by the department, a list of such lands
 2059  to the department. Within 6 months after receiving such list,
 2060  the department shall add such lands to the FL-SOLARIS database.
 2061         (3)By January 1, 2018, the department shall conduct a
 2062  study and submit a report to the Governor, the President of the
 2063  Senate, and the Speaker of the House of Representatives on the
 2064  technical and economic feasibility of including the following
 2065  lands in the FL-SOLARIS database or a similar public lands
 2066  inventory:
 2067         (a)All lands on which local comprehensive plans, land use
 2068  restrictions, zoning ordinances, or land development regulations
 2069  prohibit the land from being developed or limit the amount of
 2070  development to one unit per 40 or more acres.
 2071         (b)All publicly and privately owned lands for which
 2072  development rights have been transferred.
 2073         (c)All privately owned lands under a permanent
 2074  conservation easement.
 2075         (d)All lands owned by a nonprofit or nongovernmental
 2076  organization for conservation purposes.
 2077         (e)All lands that are part of a mitigation bank.
 2078         Section 12. Section 259.01, Florida Statutes, is amended to
 2079  read:
 2080         259.01 Short title.—This chapter shall be known and may be
 2081  cited as the “Land Conservation Program Act of 1972.”
 2082         Section 13. Section 259.02, Florida Statutes, is repealed.
 2083         Section 14. Section 259.03, Florida Statutes, is amended to
 2084  read:
 2085         259.03 Definitions.—As The following terms and phrases when
 2086  used in this chapter, the term shall have the meanings ascribed
 2087  to them in this section, except where the context clearly
 2088  indicates a different meaning:
 2089         (1) “Council” means the Acquisition and Restoration that
 2090  Council established pursuant to s. 259.035.
 2091         (2) “Board” means the Governor and Cabinet, sitting as the
 2092  Board of Trustees of the Internal Improvement Trust Fund.
 2093         (3) “Capital improvement” or “capital project expenditure”
 2094  means those activities relating to the acquisition, restoration,
 2095  public access, and recreational uses of such lands, water areas,
 2096  and related resources deemed necessary to accomplish the
 2097  purposes of this chapter. Eligible activities include, but are
 2098  not limited to: the initial removal of invasive plants; the
 2099  construction, improvement, enlargement or extension of
 2100  facilities’ signs, firelanes, access roads, and trails; or any
 2101  other activities that serve to restore, conserve, protect, or
 2102  provide public access, recreational opportunities, or necessary
 2103  services for land or water areas. Such activities shall be
 2104  identified before prior to the acquisition of a parcel or the
 2105  approval of a project. The continued expenditures necessary for
 2106  a capital improvement approved under this subsection are shall
 2107  not be eligible for funding provided in this chapter.
 2108         (4) “Department” means the Department of Environmental
 2109  Protection.
 2110         (5) “Division” means the Division of Bond Finance of the
 2111  State Board of Administration.
 2112         (6) “Water resource development project” means a project
 2113  eligible for funding pursuant to s. 259.105 that increases the
 2114  amount of water available to meet the needs of natural systems
 2115  and the citizens of the state by enhancing or restoring aquifer
 2116  recharge, facilitating the capture and storage of excess flows
 2117  in surface waters, or promoting reuse. The implementation of
 2118  eligible projects under s. 259.105 includes land acquisition,
 2119  land and water body restoration, aquifer storage and recovery
 2120  facilities, surface water reservoirs, and other capital
 2121  improvements. The term does not include construction of
 2122  treatment, transmission, or distribution facilities.
 2123         Section 15. Subsections (6), (7), and (8) and paragraphs
 2124  (a) and (d) of section (9) of section 259.032, Florida Statutes,
 2125  are amended to read:
 2126         259.032 Conservation and recreation lands.—
 2127         (6) Conservation and recreation lands are subject to the
 2128  selection procedures of s. 259.035 and related rules and shall
 2129  be acquired in accordance with acquisition procedures for state
 2130  lands provided for in s. 253.025 259.041, except as otherwise
 2131  provided by the Legislature. An inholding or an addition to
 2132  conservation and recreation lands is not subject to the
 2133  selection procedures of s. 259.035 if the estimated value of
 2134  such inholding or addition does not exceed $500,000. When at
 2135  least 90 percent of the acreage of a project has been purchased
 2136  for conservation and recreation purposes, the project may be
 2137  removed from the list and the remaining acreage may continue to
 2138  be purchased. Funds appropriated to acquire conservation and
 2139  recreation lands may be used for title work, appraisal fees,
 2140  environmental audits, and survey costs related to acquisition
 2141  expenses for lands to be acquired, donated, or exchanged which
 2142  qualify under the categories of this section, at the discretion
 2143  of the board. When the Legislature has authorized the department
 2144  of Environmental Protection to condemn a specific parcel of land
 2145  and such parcel has already been approved for acquisition, the
 2146  land may be acquired in accordance with the provisions of
 2147  chapter 73 or chapter 74, and the funds appropriated to acquire
 2148  conservation and recreation lands may be used to pay the
 2149  condemnation award and all costs, including reasonable attorney
 2150  fees, associated with condemnation.
 2151         (7) All lands managed under this chapter and s. 253.034
 2152  shall be:
 2153         (a) Managed in a manner that will provide the greatest
 2154  combination of benefits to the public and to the resources.
 2155         (b) Managed for public outdoor recreation which is
 2156  compatible with the conservation and protection of public lands.
 2157  Such management may include, but not be limited to, the
 2158  following public recreational uses: fishing, hunting, camping,
 2159  bicycling, hiking, nature study, swimming, boating, canoeing,
 2160  horseback riding, diving, model hobbyist activities, birding,
 2161  sailing, jogging, and other related outdoor activities
 2162  compatible with the purposes for which the lands were acquired.
 2163         (c)Managed for the purposes for which the lands were
 2164  acquired, consistent with paragraph (9)(a).
 2165         (c)(d) Concurrent with its adoption of the annual list of
 2166  acquisition projects pursuant to s. 259.035, the board of
 2167  trustees shall adopt a management prospectus for each project.
 2168  The management prospectus shall delineate:
 2169         1. The management goals for the property;
 2170         2. The conditions that will affect the intensity of
 2171  management;
 2172         3. An estimate of the revenue-generating potential of the
 2173  property, if appropriate;
 2174         4. A timetable for implementing the various stages of
 2175  management and for providing access to the public, if
 2176  applicable;
 2177         5. A description of potential multiple-use activities as
 2178  described in this section and s. 253.034;
 2179         6. Provisions for protecting existing infrastructure and
 2180  for ensuring the security of the project upon acquisition;
 2181         7. The anticipated costs of management and projected
 2182  sources of revenue, including legislative appropriations, to
 2183  fund management needs; and
 2184         8. Recommendations as to how many employees will be needed
 2185  to manage the property, and recommendations as to whether local
 2186  governments, volunteer groups, the former landowner, or other
 2187  interested parties can be involved in the management.
 2188         (d)(e) Concurrent with the approval of the acquisition
 2189  contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
 2190  interest in lands except those lands being acquired pursuant to
 2191  under the provisions of s. 259.1052, the board of trustees shall
 2192  designate an agency or agencies to manage such lands. The board
 2193  shall evaluate and amend, as appropriate, the management policy
 2194  statement for the project as provided by s. 259.035 to ensure
 2195  the policy is compatible with conservation or recreation
 2196  purposes, consistent with the purposes for which the lands are
 2197  acquired. For any fee simple acquisition of a parcel which is or
 2198  will be leased back for agricultural purposes, or any
 2199  acquisition of a less-than-fee interest in land that is or will
 2200  be used for agricultural purposes, the board of trustees of the
 2201  Internal Improvement Trust Fund shall first consider having a
 2202  soil and water conservation district, created pursuant to
 2203  chapter 582, manage and monitor such interests.
 2204         (e)(f) State agencies designated to manage lands acquired
 2205  under this chapter or with funds deposited into the Land
 2206  Acquisition Trust Fund, except those lands acquired under s.
 2207  259.1052, may contract with local governments and soil and water
 2208  conservation districts to assist in management activities,
 2209  including the responsibility of being the lead land manager.
 2210  Such land management contracts may include a provision for the
 2211  transfer of management funding to the local government or soil
 2212  and water conservation district from the land acquisition trust
 2213  fund of the lead land managing agency in an amount adequate for
 2214  the local government or soil and water conservation district to
 2215  perform its contractual land management responsibilities and
 2216  proportionate to its responsibilities, and which otherwise would
 2217  have been expended by the state agency to manage the property.
 2218         (f)(g) Immediately following the acquisition of any
 2219  interest in conservation and recreation lands, the department of
 2220  Environmental Protection, acting on behalf of the board of
 2221  trustees, may issue to the lead managing entity an interim
 2222  assignment letter to be effective until the execution of a
 2223  formal lease.
 2224         (8)(a) State, regional, or local governmental agencies or
 2225  private entities designated to manage lands under this section
 2226  shall develop and adopt, with the approval of the board of
 2227  trustees, an individual management plan for each project
 2228  designed to conserve and protect such lands and their associated
 2229  natural resources. Private sector involvement in management plan
 2230  development may be used to expedite the planning process.
 2231         (b) Individual management plans required by s. 253.034(5),
 2232  for parcels over 160 acres, shall be developed with input from
 2233  an advisory group. Members of this advisory group shall include,
 2234  at a minimum, representatives of the lead land managing agency,
 2235  comanaging entities, local private property owners, the
 2236  appropriate soil and water conservation district, a local
 2237  conservation organization, and a local elected official. If
 2238  habitat or potentially restorable habitat for imperiled species
 2239  is located on state lands, the Fish and Wildlife Conservation
 2240  Commission and the Department of Agriculture and Consumer
 2241  Services shall be included on any advisory group required under
 2242  chapter 253, and the short-term and long-term management goals
 2243  required under chapter 253 must advance the goals and objectives
 2244  of imperiled species management without restricting other uses
 2245  identified in the management plan. The advisory group shall
 2246  conduct at least one public hearing within the county in which
 2247  the parcel or project is located. For those parcels or projects
 2248  that are within more than one county, at least one areawide
 2249  public hearing shall be acceptable and the lead managing agency
 2250  shall invite a local elected official from each county. The
 2251  areawide public hearing shall be held in the county in which the
 2252  core parcels are located. Notice of such public hearing shall be
 2253  posted on the parcel or project designated for management,
 2254  advertised in a paper of general circulation, and announced at a
 2255  scheduled meeting of the local governing body before the actual
 2256  public hearing. The management prospectus required pursuant to
 2257  paragraph (7)(c) (7)(d) shall be available to the public for a
 2258  period of 30 days before prior to the public hearing.
 2259         (c) Once a plan is adopted, the managing agency or entity
 2260  shall update the plan at least every 10 years in a form and
 2261  manner adopted prescribed by rule of the board of trustees. Such
 2262  updates, for parcels over 160 acres, shall be developed with
 2263  input from an advisory group. Such plans may include transfers
 2264  of leasehold interests to appropriate conservation organizations
 2265  or governmental entities designated by the Land Acquisition and
 2266  Management Advisory council or its successor, for uses
 2267  consistent with the purposes of the organizations and the
 2268  protection, preservation, conservation, restoration, and proper
 2269  management of the lands and their resources. Volunteer
 2270  management assistance is encouraged, including, but not limited
 2271  to, assistance by youths participating in programs sponsored by
 2272  state or local agencies, by volunteers sponsored by
 2273  environmental or civic organizations, and by individuals
 2274  participating in programs for committed delinquents and adults.
 2275         (d)1. For each project for which lands are acquired after
 2276  July 1, 1995, an individual management plan shall be adopted and
 2277  in place no later than 1 year after the essential parcel or
 2278  parcels identified in the priority list developed pursuant to s.
 2279  259.105 have been acquired. The department of Environmental
 2280  Protection shall distribute only 75 percent of the acquisition
 2281  funds to which a budget entity or water management district
 2282  would otherwise be entitled to any budget entity or any water
 2283  management district that has more than one-third of its
 2284  management plans overdue.
 2285         2.The requirements of subparagraph 1. do not apply to the
 2286  individual management plan for the Babcock Crescent B Ranch
 2287  being acquired pursuant to s. 259.1052. The management plan for
 2288  the ranch shall be adopted and in place no later than 2 years
 2289  following the date of acquisition by the state.
 2290         (e) Individual management plans shall conform to the
 2291  appropriate policies and guidelines of the state land management
 2292  plan and shall include, but not be limited to:
 2293         1. A statement of the purpose for which the lands were
 2294  acquired, the projected use or uses as defined in s. 253.034,
 2295  and the statutory authority for such use or uses.
 2296         2. Key management activities necessary to achieve the
 2297  desired outcomes, including, but not limited to, providing
 2298  public access, preserving and protecting natural resources,
 2299  protecting cultural and historical resources, restoring habitat,
 2300  protecting threatened and endangered species, controlling the
 2301  spread of nonnative plants and animals, performing prescribed
 2302  fire activities, and other appropriate resource management.
 2303         3. A specific description of how the managing agency plans
 2304  to identify, locate, protect, and preserve, or otherwise use
 2305  fragile, nonrenewable natural and cultural resources.
 2306         4. A priority schedule for conducting management
 2307  activities, based on the purposes for which the lands were
 2308  acquired.
 2309         5. A cost estimate for conducting priority management
 2310  activities, to include recommendations for cost-effective
 2311  methods of accomplishing those activities.
 2312         6. A cost estimate for conducting other management
 2313  activities which would enhance the natural resource value or
 2314  public recreation value for which the lands were acquired. The
 2315  cost estimate shall include recommendations for cost-effective
 2316  methods of accomplishing those activities.
 2317         7. A determination of the public uses and public access
 2318  that would be compatible with conservation or recreation
 2319  purposes that would be consistent with the purposes for which
 2320  the lands were acquired.
 2321         (f) The Division of State Lands shall submit a copy of each
 2322  individual management plan for parcels which exceed 160 acres in
 2323  size to each member of the Acquisition and Restoration council,
 2324  which shall:
 2325         1. Within 60 days after receiving a plan from the Division
 2326  of State Lands, review each plan for compliance with the
 2327  requirements of this subsection and with the requirements of the
 2328  rules adopted established by the board pursuant to this
 2329  subsection.
 2330         2. Consider the propriety of the recommendations of the
 2331  managing agency with regard to the future use or protection of
 2332  the property.
 2333         3. After its review, submit the plan, along with its
 2334  recommendations and comments, to the board of trustees, with
 2335  recommendations as to whether to approve the plan as submitted,
 2336  approve the plan with modifications, or reject the plan.
 2337         (g) The board of trustees shall consider the individual
 2338  management plan submitted by each state agency and the
 2339  recommendations of the Acquisition and Restoration council and
 2340  the department Division of State Lands and shall approve the
 2341  plan with or without modification or reject such plan. The use
 2342  or possession of any lands owned by the board of trustees which
 2343  is not in accordance with an approved individual management plan
 2344  is subject to termination by the board of trustees.
 2345  
 2346  By July 1 of each year, each governmental agency and each
 2347  private entity designated to manage lands shall report to the
 2348  Secretary of Environmental Protection on the progress of
 2349  funding, staffing, and resource management of every project for
 2350  which the agency or entity is responsible.
 2351         (9)(a) The Legislature recognizes that acquiring lands
 2352  pursuant to this chapter serves the public interest by
 2353  protecting land, air, and water resources which contribute to
 2354  the public health and welfare, providing areas for natural
 2355  resource based recreation, and ensuring the survival of unique
 2356  and irreplaceable plant and animal species. The Legislature
 2357  intends for these lands to be managed and maintained in a manner
 2358  that is compatible with conservation or recreation purposes for
 2359  the purposes for which they were acquired and for the public to
 2360  have access to and use of these lands if public access where it
 2361  is consistent with acquisition purposes and would not harm the
 2362  resources the state is seeking to protect on the public’s
 2363  behalf.
 2364         (d) Up to one-fifth of the funds appropriated for the
 2365  purposes identified in paragraph (b) shall be reserved by the
 2366  board of trustees for interim management of acquisitions and for
 2367  associated contractual services, to ensure the conservation and
 2368  protection of natural resources on project sites and to allow
 2369  limited public recreational use of lands. Interim management
 2370  activities may include, but not be limited to, resource
 2371  assessments, control of invasive, nonnative species, habitat
 2372  restoration, fencing, law enforcement, controlled burning, and
 2373  public access consistent with preliminary determinations made
 2374  pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
 2375  make these interim funds available immediately upon purchase.
 2376         Section 16. Subsection (3) and paragraph (a) of subsection
 2377  (4) of section 259.035, Florida Statutes, are amended to read:
 2378         259.035 Acquisition and Restoration Council.—
 2379         (3) The council shall provide assistance to the board of
 2380  trustees in reviewing the recommendations and plans for state
 2381  owned conservation lands required under s. 253.034 and this
 2382  chapter. The council shall, in reviewing such recommendations
 2383  and plans, consider the optimization of multiple-use and
 2384  conservation strategies to accomplish the provisions funded
 2385  pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
 2386  to s. 259.105(3)(b).
 2387         (4)(a) By December 1, 2016, the Acquisition and Restoration
 2388  council shall develop rules defining specific criteria and
 2389  numeric performance measures needed for lands that are to be
 2390  acquired for public purpose under the Florida Forever program
 2391  pursuant to s. 259.105 or with funds deposited into the Land
 2392  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 2393  Constitution. These rules shall be reviewed and adopted by the
 2394  board, then submitted to the Legislature for consideration by
 2395  February 1, 2017. The Legislature may reject, modify, or take no
 2396  action relative to the proposed rules. If no action is taken,
 2397  the rules shall be implemented. Subsequent to their approval,
 2398  each recipient of funds from the Land Acquisition Trust Fund
 2399  shall annually report to the department Division of State Lands
 2400  on each of the numeric performance measures accomplished during
 2401  the previous fiscal year.
 2402         Section 17. Subsections (1), (2), (4), and (5) of section
 2403  259.036, Florida Statutes, are amended to read:
 2404         259.036 Management review teams.—
 2405         (1) To determine whether conservation, preservation, and
 2406  recreation lands titled in the name of the board of Trustees of
 2407  the Internal Improvement Trust Fund are being managed for the
 2408  purposes that are compatible with conservation, preservation, or
 2409  recreation for which they were acquired and in accordance with a
 2410  land management plan adopted pursuant to s. 259.032, the board
 2411  of trustees, acting through the department of Environmental
 2412  Protection, shall cause periodic management reviews to be
 2413  conducted as follows:
 2414         (a) The department shall establish a regional land
 2415  management review team composed of the following members:
 2416         1. One individual who is from the county or local community
 2417  in which the parcel or project is located and who is selected by
 2418  the county commission in the county which is most impacted by
 2419  the acquisition.
 2420         2. One individual from the Division of Recreation and Parks
 2421  of the department.
 2422         3. One individual from the Florida Forest Service of the
 2423  Department of Agriculture and Consumer Services.
 2424         4. One individual from the Fish and Wildlife Conservation
 2425  Commission.
 2426         5. One individual from the department’s district office in
 2427  which the parcel is located.
 2428         6. A private land manager, preferably from the local
 2429  community, mutually agreeable to the state agency
 2430  representatives.
 2431         7. A member or staff from the jurisdictional water
 2432  management district or of the local soil and water conservation
 2433  district board of supervisors.
 2434         8. A member of a conservation organization.
 2435         (b) The department staff of the Division of State Lands
 2436  shall act as the review team coordinator for the purposes of
 2437  establishing schedules for the reviews and other staff
 2438  functions. The Legislature shall appropriate funds necessary to
 2439  implement land management review team functions.
 2440         (2) The land management review team shall review select
 2441  management areas before prior to the date the manager is
 2442  required to submit a 10-year land management plan update. For
 2443  management areas that exceed 1,000 acres in size, the department
 2444  Division of State Lands shall schedule a land management review
 2445  at least every 5 years. A copy of the review shall be provided
 2446  to the manager, the department Division of State Lands, and the
 2447  Acquisition and Restoration council. The manager shall consider
 2448  the findings and recommendations of the land management review
 2449  team in finalizing the required 10-year update of its management
 2450  plan.
 2451         (4) In the event a land management plan has not been
 2452  adopted within the timeframes specified in s. 259.032(8), the
 2453  department may direct a management review of the property, to be
 2454  conducted by the land management review team. The review shall
 2455  consider the extent to which the land is being managed in a
 2456  manner that is compatible with conservation or recreation
 2457  purposes for the purposes for which it was acquired and the
 2458  degree to which actual management practices are in compliance
 2459  with the management policy statement and management prospectus
 2460  for that property.
 2461         (5) If the land management review team determines that
 2462  reviewed lands are not being managed in a manner that is
 2463  compatible with conservation or recreation purposes for the
 2464  purposes for which they were acquired or in compliance with the
 2465  adopted land management plan, management policy statement, or
 2466  management prospectus, or if the managing agency fails to
 2467  address the review findings in the updated management plan, the
 2468  department shall provide the review findings to the board, and
 2469  the managing agency must report to the board its reasons for
 2470  managing the lands as it has.
 2471         Section 18. Section 259.037, Florida Statutes, is amended
 2472  to read:
 2473         259.037 Land Management Uniform Accounting Council.—
 2474         (1) The Land Management Uniform Accounting Council (LMUAC)
 2475  is created within the Department of Environmental Protection and
 2476  shall consist of the director of the Division of State Lands,
 2477  the director of the Division of Recreation and Parks, and the
 2478  director of the Office of Coastal and Aquatic Managed Areas, and
 2479  the director of the Office of Greenways and Trails of the
 2480  department of Environmental Protection; the director of the
 2481  Florida Forest Service of the Department of Agriculture and
 2482  Consumer Services; the executive director of the Fish and
 2483  Wildlife Conservation Commission; and the director of the
 2484  Division of Historical Resources of the Department of State, or
 2485  their respective designees. Each state agency represented on the
 2486  LMUAC council shall have one vote. The chair of the LMUAC
 2487  council shall rotate annually in the foregoing order of state
 2488  agencies. The agency of the representative serving as chair of
 2489  the council shall provide staff support for the LMUAC council.
 2490  The Division of State Lands shall serve as the recipient of and
 2491  repository for the LMUAC’s council’s documents. The LMUAC
 2492  council shall meet at the request of the chair.
 2493         (2) The Auditor General and the director of the Office of
 2494  Program Policy Analysis and Government Accountability, or their
 2495  designees, shall advise the LMUAC council to ensure that
 2496  appropriate accounting procedures are used utilized and that a
 2497  uniform method of collecting and reporting accurate costs of
 2498  land management activities are created and can be used by all
 2499  agencies.
 2500         (3)(a) All land management activities and costs must be
 2501  assigned to a specific category, and any single activity or cost
 2502  may not be assigned to more than one category. Administrative
 2503  costs, such as planning or training, shall be segregated from
 2504  other management activities. Specific management activities and
 2505  costs must initially be grouped, at a minimum, within the
 2506  following categories:
 2507         1. Resource management.
 2508         2. Administration.
 2509         3. Support.
 2510         4. Capital improvements.
 2511         5. Recreation visitor services.
 2512         6. Law enforcement activities.
 2513  
 2514  Upon adoption of the initial list of land management categories
 2515  by the LMUAC council, agencies assigned to manage conservation
 2516  or recreation lands shall, on July 1, 2000, begin to account for
 2517  land management costs in accordance with the category to which
 2518  an expenditure is assigned.
 2519         (b) Each reporting agency shall also:
 2520         1. Include a report of the available public use
 2521  opportunities for each management unit of state land, the total
 2522  management cost for public access and public use, and the cost
 2523  associated with each use option.
 2524         2. List the acres of land requiring minimal management
 2525  effort, moderate management effort, and significant management
 2526  effort pursuant to s. 259.032(9)(c). For each category created
 2527  in paragraph (a), the reporting agency shall include the amount
 2528  of funds requested, the amount of funds received, and the amount
 2529  of funds expended for land management.
 2530         3. List acres managed and cost of management for each park,
 2531  preserve, forest, reserve, or management area.
 2532         4. List acres managed, cost of management, and lead manager
 2533  for each state lands management unit for which secondary
 2534  management activities were provided.
 2535         5. Include a report of the estimated calculable financial
 2536  benefits to the public for the ecosystem services provided by
 2537  conservation lands, based on the best readily available
 2538  information or science that provides a standard measurement
 2539  methodology to be consistently applied by the land managing
 2540  agencies. Such information may include, but need not be limited
 2541  to, the value of natural lands for protecting the quality and
 2542  quantity of drinking water through natural water filtration and
 2543  recharge, contributions to protecting and improving air quality,
 2544  benefits to agriculture through increased soil productivity and
 2545  preservation of biodiversity, and savings to property and lives
 2546  through flood control.
 2547         (4) The LMUAC council shall provide a report of the
 2548  agencies’ expenditures pursuant to the adopted categories to the
 2549  Acquisition and Restoration Council and the Division of State
 2550  Lands for inclusion in its annual report required pursuant to s.
 2551  259.036.
 2552         (5) Should the LMUAC council determine that the list of
 2553  land management categories needs to be revised, it shall meet
 2554  upon the call of the chair.
 2555         (6) Biennially, each reporting agency shall also submit an
 2556  operational report for each management area along with an
 2557  approved management plan. The report should assess the progress
 2558  toward achieving short-term and long-term management goals of
 2559  the approved management plan, including all land management
 2560  activities, and identify any deficiencies in management and
 2561  corrective actions to address identified deficiencies as
 2562  appropriate. This report shall be submitted to the Acquisition
 2563  and Restoration Council and the Division of State Lands for
 2564  inclusion in its annual report required pursuant to s. 259.036.
 2565         Section 19. Section 259.041, Florida Statutes, is repealed.
 2566         Section 20. Subsection (2) of section 259.047, Florida
 2567  Statutes, is amended to read:
 2568         259.047 Acquisition of land on which an agricultural lease
 2569  exists.—
 2570         (2) If Where consistent with the purposes of conservation
 2571  and recreation for which the property was acquired, the state or
 2572  acquiring entity shall make reasonable efforts to keep lands in
 2573  agricultural production which are in agricultural production at
 2574  the time of acquisition.
 2575         Section 21. Subsection (8) of section 259.101, Florida
 2576  Statutes, is renumbered as subsection (7), and subsection (5),
 2577  paragraph (a) of subsection (6), and present subsection (7) of
 2578  that section are amended, to read:
 2579         259.101 Florida Preservation 2000 Act.—
 2580         (5) DISPOSITION OF LANDS.—
 2581         (a) Any lands acquired pursuant to former paragraphs
 2582  (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
 2583  section, Florida Statutes 2014, if title to such lands is vested
 2584  in the board of Trustees of the Internal Improvement Trust Fund,
 2585  may be disposed of by the board of Trustees of the Internal
 2586  Improvement Trust Fund in accordance with the provisions and
 2587  procedures set forth in s. 253.0341 253.034(6), and lands
 2588  acquired pursuant to former paragraph (3)(b) of this section,
 2589  Florida Statutes 2014, may be disposed of by the owning water
 2590  management district in accordance with the procedures and
 2591  provisions set forth in ss. 373.056 and 373.089 provided such
 2592  disposition also shall satisfy the requirements of paragraphs
 2593  (b) and (c).
 2594         (b) Before land acquired with Preservation 2000 funds may
 2595  be surplused as required by s. 253.0341 253.034(6) or determined
 2596  to be no longer required for its purposes under s. 373.056(4),
 2597  as applicable, there shall first be a determination by the board
 2598  of Trustees of the Internal Improvement Trust Fund, or, in the
 2599  case of water management district lands, by the owning water
 2600  management district, that such land no longer needs to be
 2601  preserved in furtherance of the intent of the Florida
 2602  Preservation 2000 Act. Any lands eligible to be disposed of
 2603  under this procedure also may be used to acquire other lands
 2604  through an exchange of lands if such lands obtained in an
 2605  exchange are described in the same paragraph of former
 2606  subsection (3) of this section, Florida Statutes 2014, as the
 2607  lands disposed.
 2608         (c) Revenue derived from the disposal of lands acquired
 2609  with Preservation 2000 funds may not be used for any purpose
 2610  except for deposit into the Florida Forever Trust Fund within
 2611  the department of Environmental Protection, for recredit to the
 2612  share held under former subsection (3) of this section, Florida
 2613  Statutes 2014, in which such disposed land is described.
 2614         (6) ALTERNATE USES OF ACQUIRED LANDS.—
 2615         (a) The board of Trustees of the Internal Improvement Trust
 2616  Fund, or, in the case of water management district lands, the
 2617  owning water management district, may authorize the granting of
 2618  a lease, easement, or license for the use of any lands acquired
 2619  pursuant to former subsection (3) of this section, Florida
 2620  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2621  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2622  Art. XII of the State Constitution, and any other incidental
 2623  public or private use that is determined by the board or the
 2624  owning water management district to be compatible with
 2625  conservation, preservation, or recreation the purposes for which
 2626  such lands were acquired.
 2627         (7)ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
 2628         (a)The Legislature finds that, with the increasing
 2629  pressures on the natural areas of this state, the state must
 2630  develop creative techniques to maximize the use of acquisition
 2631  and management moneys. The Legislature finds that the state’s
 2632  environmental land-buying agencies should be encouraged to
 2633  augment their traditional, fee simple acquisition programs with
 2634  the use of alternatives to fee simple acquisition techniques.
 2635  The Legislature also finds that using alternatives to fee simple
 2636  acquisition by public land-buying agencies will achieve the
 2637  following public policy goals:
 2638         1.Allow more lands to be brought under public protection
 2639  for preservation, conservation, and recreational purposes at
 2640  less expense using public funds.
 2641         2.Retain, on local government tax rolls, some portion of
 2642  or interest in lands that are under public protection.
 2643         3.Reduce long-term management costs by allowing private
 2644  property owners to continue acting as stewards of the land, as
 2645  appropriate.
 2646  
 2647  Therefore, it is the intent of the Legislature that public land
 2648  buying agencies develop programs to pursue alternatives to fee
 2649  simple acquisition and to educate private landowners about such
 2650  alternatives and the benefits of such alternatives. It also is
 2651  the intent of the Legislature that the department and the water
 2652  management districts spend a portion of their shares of
 2653  Preservation 2000 bond proceeds to purchase eligible properties
 2654  using alternatives to fee simple acquisition. Finally, it is the
 2655  intent of the Legislature that public agencies acquire lands in
 2656  fee simple for public access and recreational activities. Lands
 2657  protected using alternatives to fee simple acquisition
 2658  techniques may not be accessible to the public unless such
 2659  access is negotiated with and agreed to by the private
 2660  landowners who retain interests in such lands.
 2661         (b)The Land Acquisition Advisory Council and the water
 2662  management districts shall identify, within their 1997
 2663  acquisition plans, those projects that require a full fee simple
 2664  interest to achieve the public policy goals, along with the
 2665  reasons why full title is determined to be necessary. The
 2666  council and the water management districts may use alternatives
 2667  to fee simple acquisition to bring the remaining projects in
 2668  their acquisition plans under public protection. For the
 2669  purposes of this subsection, the term “alternatives to fee
 2670  simple acquisition” includes the purchase of development rights;
 2671  conservation easements; flowage easements; the purchase of
 2672  timber rights, mineral rights, or hunting rights; the purchase
 2673  of agricultural interests or silvicultural interests; land
 2674  protection agreements; fee simple acquisitions with
 2675  reservations; or any other acquisition technique that achieves
 2676  the public policy goals identified in paragraph (a). It is
 2677  presumed that a private landowner retains the full range of uses
 2678  for all the rights or interests in the landowner’s land which
 2679  are not specifically acquired by the public agency. Life estates
 2680  and fee simple acquisitions with leaseback provisions do not
 2681  qualify as an alternative to fee simple acquisition under this
 2682  subsection, although the department and the districts are
 2683  encouraged to use such techniques if appropriate.
 2684         (c)The department and each water management district shall
 2685  implement initiatives to use alternatives to fee simple
 2686  acquisition and to educate private landowners about such
 2687  alternatives. These initiatives must include at least two
 2688  acquisitions a year by the department and each water management
 2689  district utilizing alternatives to fee simple.
 2690         (d)The Legislature finds that the lack of direct sales
 2691  comparison information has served as an impediment to successful
 2692  implementation of alternatives to fee simple acquisition. It is
 2693  the intent of the Legislature that, in the absence of direct
 2694  comparable sales information, appraisals of alternatives to fee
 2695  simple acquisitions be based on the difference between the full
 2696  fee simple valuation and the value of the interests remaining
 2697  with the seller after acquisition.
 2698         (e)The public agency that has been assigned management
 2699  responsibility shall inspect and monitor any less-than-fee
 2700  simple interest according to the terms of the purchase agreement
 2701  relating to such interest.
 2702         (f)The department and the water management districts may
 2703  enter into joint acquisition agreements to jointly fund the
 2704  purchase of lands using alternatives to fee simple techniques.
 2705         Section 22. Paragraph (a) of subsection (2), paragraphs (i)
 2706  and (l) of subsection (3), subsections (10) and (13), paragraph
 2707  (i) of subsection (15), and subsection (19) of section 259.105,
 2708  Florida Statutes, are amended to read:
 2709         259.105 The Florida Forever Act.—
 2710         (2)(a) The Legislature finds and declares that:
 2711         1. Land acquisition programs have provided tremendous
 2712  financial resources for purchasing environmentally significant
 2713  lands to protect those lands from imminent development or
 2714  alteration, thereby ensuring present and future generations’
 2715  access to important waterways, open spaces, and recreation and
 2716  conservation lands.
 2717         2. The continued alteration and development of the state’s
 2718  Florida’s natural and rural areas to accommodate the state’s
 2719  growing population have contributed to the degradation of water
 2720  resources, the fragmentation and destruction of wildlife
 2721  habitats, the loss of outdoor recreation space, and the
 2722  diminishment of wetlands, forests, working landscapes, and
 2723  coastal open space.
 2724         3. The potential development of the state’s Florida’s
 2725  remaining natural areas and escalation of land values require
 2726  government efforts to restore, bring under public protection, or
 2727  acquire lands and water areas to preserve the state’s essential
 2728  ecological functions and invaluable quality of life.
 2729         4. It is essential to protect the state’s ecosystems by
 2730  promoting a more efficient use of land, to ensure opportunities
 2731  for viable agricultural activities on working lands, and to
 2732  promote vital rural and urban communities that support and
 2733  produce development patterns consistent with natural resource
 2734  protection.
 2735         5. The state’s Florida’s groundwater, surface waters, and
 2736  springs are under tremendous pressure due to population growth
 2737  and economic expansion and require special protection and
 2738  restoration efforts, including the protection of uplands and
 2739  springsheds that provide vital recharge to aquifer systems and
 2740  are critical to the protection of water quality and water
 2741  quantity of the aquifers and springs. To ensure that sufficient
 2742  quantities of water are available to meet the current and future
 2743  needs of the natural systems and citizens of the state, and
 2744  assist in achieving the planning goals of the department and the
 2745  water management districts, water resource development projects
 2746  on public lands, if where compatible with the resource values of
 2747  and management objectives for the lands, are appropriate.
 2748         6. The needs of urban, suburban, and small communities in
 2749  the state Florida for high-quality outdoor recreational
 2750  opportunities, greenways, trails, and open space have not been
 2751  fully met by previous acquisition programs. Through such
 2752  programs as the Florida Communities Trust and the Florida
 2753  Recreation Development Assistance Program, the state shall place
 2754  additional emphasis on acquiring, protecting, preserving, and
 2755  restoring open space, ecological greenways, and recreation
 2756  properties within urban, suburban, and rural areas where
 2757  pristine natural communities or water bodies no longer exist
 2758  because of the proximity of developed property.
 2759         7. Many of the state’s Florida’s unique ecosystems, such as
 2760  the Florida Everglades, are facing ecological collapse due to
 2761  the state’s Florida’s burgeoning population growth and other
 2762  economic activities. To preserve these valuable ecosystems for
 2763  future generations, essential parcels of land must be acquired
 2764  to facilitate ecosystem restoration.
 2765         8. Access to public lands to support a broad range of
 2766  outdoor recreational opportunities and the development of
 2767  necessary infrastructure, if where compatible with the resource
 2768  values of and management objectives for such lands, promotes an
 2769  appreciation for the state’s Florida’s natural assets and
 2770  improves the quality of life.
 2771         9. Acquisition of lands, in fee simple, less-than-fee
 2772  interest, or other techniques shall be based on a comprehensive
 2773  science-based assessment of the state’s Florida’s natural
 2774  resources which targets essential conservation lands by
 2775  prioritizing all current and future acquisitions based on a
 2776  uniform set of data and planned so as to protect the integrity
 2777  and function of ecological systems and working landscapes, and
 2778  provide multiple benefits, including preservation of fish and
 2779  wildlife habitat, recreation space for urban and rural areas,
 2780  and the restoration of natural water storage, flow, and
 2781  recharge.
 2782         10. The state has embraced performance-based program
 2783  budgeting as a tool to evaluate the achievements of publicly
 2784  funded agencies, build in accountability, and reward those
 2785  agencies which are able to consistently achieve quantifiable
 2786  goals. While previous and existing state environmental programs
 2787  have achieved varying degrees of success, few of these programs
 2788  can be evaluated as to the extent of their achievements,
 2789  primarily because performance measures, standards, outcomes, and
 2790  goals were not established at the outset. Therefore, the Florida
 2791  Forever program shall be developed and implemented in the
 2792  context of measurable state goals and objectives.
 2793         11. The state must play a major role in the recovery and
 2794  management of its imperiled species through the acquisition,
 2795  restoration, enhancement, and management of ecosystems that can
 2796  support the major life functions of such species. It is the
 2797  intent of the Legislature to support local, state, and federal
 2798  programs that result in net benefit to imperiled species habitat
 2799  by providing public and private land owners meaningful
 2800  incentives for acquiring, restoring, managing, and repopulating
 2801  habitats for imperiled species. It is the further intent of the
 2802  Legislature that public lands, both existing and to be acquired,
 2803  identified by the lead land managing agency, in consultation
 2804  with the Florida Fish and Wildlife Conservation Commission for
 2805  animals or the Department of Agriculture and Consumer Services
 2806  for plants, as habitat or potentially restorable habitat for
 2807  imperiled species, be restored, enhanced, managed, and
 2808  repopulated as habitat for such species to advance the goals and
 2809  objectives of imperiled species management in a manner that is
 2810  compatible with conservation or recreation purposes consistent
 2811  with the purposes for which such lands are acquired without
 2812  restricting other uses identified in the management plan. It is
 2813  also the intent of the Legislature that of the proceeds
 2814  distributed pursuant to subsection (3), additional consideration
 2815  be given to acquisitions that achieve a combination of
 2816  conservation goals, including the restoration, enhancement,
 2817  management, or repopulation of habitat for imperiled species.
 2818  The Acquisition and Restoration council, in addition to the
 2819  criteria in subsection (9), shall give weight to projects that
 2820  include acquisition, restoration, management, or repopulation of
 2821  habitat for imperiled species. The term “imperiled species” as
 2822  used in this chapter and chapter 253, means plants and animals
 2823  that are federally listed under the Endangered Species Act, or
 2824  state-listed by the Fish and Wildlife Conservation Commission or
 2825  the Department of Agriculture and Consumer Services.
 2826         a. As part of the state’s role, all state lands that have
 2827  imperiled species habitat shall include as a consideration in
 2828  management plan development the restoration, enhancement,
 2829  management, and repopulation of such habitats. In addition, the
 2830  lead land managing agency of such state lands may use fees
 2831  received from public or private entities for projects to offset
 2832  adverse impacts to imperiled species or their habitat in order
 2833  to restore, enhance, manage, repopulate, or acquire land and to
 2834  implement land management plans developed under s. 253.034 or a
 2835  land management prospectus developed and implemented under this
 2836  chapter. Such fees shall be deposited into a foundation or fund
 2837  created by each land management agency under s. 379.223, s.
 2838  589.012, or s. 259.032(9)(c), to be used solely to restore,
 2839  manage, enhance, repopulate, or acquire imperiled species
 2840  habitat.
 2841         b.Where habitat or potentially restorable habitat for
 2842  imperiled species is located on state lands, the Fish and
 2843  Wildlife Conservation Commission and the Department of
 2844  Agriculture and Consumer Services shall be included on any
 2845  advisory group required under chapter 253, and the short-term
 2846  and long-term management goals required under chapter 253 must
 2847  advance the goals and objectives of imperiled species management
 2848  consistent with the purposes for which the land was acquired
 2849  without restricting other uses identified in the management
 2850  plan.
 2851         12. There is a need to change the focus and direction of
 2852  the state’s major land acquisition programs and to extend
 2853  funding and bonding capabilities, so that future generations may
 2854  enjoy the natural resources of this state.
 2855         (3) Less the costs of issuing and the costs of funding
 2856  reserve accounts and other costs associated with bonds, the
 2857  proceeds of cash payments or bonds issued pursuant to this
 2858  section shall be deposited into the Florida Forever Trust Fund
 2859  created by s. 259.1051. The proceeds shall be distributed by the
 2860  department of Environmental Protection in the following manner:
 2861         (i) Three and five-tenths percent to the Department of
 2862  Agriculture and Consumer Services for the acquisition of
 2863  agricultural lands, through perpetual conservation easements and
 2864  other perpetual less-than-fee techniques, which will achieve the
 2865  objectives of Florida Forever and s. 570.71. Rules concerning
 2866  the application, acquisition, and priority ranking process for
 2867  such easements shall be developed pursuant to s. 570.71(10) and
 2868  as provided by this paragraph. The board shall ensure that such
 2869  rules are consistent with the acquisition process provided for
 2870  in s. 253.025 259.041. Provisions of The rules developed
 2871  pursuant to s. 570.71(10), shall also provide for the following:
 2872         1. An annual priority list shall be developed pursuant to
 2873  s. 570.71(10), submitted to the Acquisition and Restoration
 2874  council for review, and approved by the board pursuant to s.
 2875  259.04.
 2876         2. Terms of easements and acquisitions proposed pursuant to
 2877  this paragraph shall be approved by the board and may shall not
 2878  be delegated by the board to any other entity receiving funds
 2879  under this section.
 2880         3. All acquisitions pursuant to this paragraph shall
 2881  contain a clear statement that they are subject to legislative
 2882  appropriation.
 2883  
 2884  No Funds provided under this paragraph may not shall be expended
 2885  until final adoption of rules by the board pursuant to s.
 2886  570.71.
 2887         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2888  the agencies that receive the funds shall develop their
 2889  individual acquisition or restoration lists in accordance with
 2890  specific criteria and numeric performance measures developed
 2891  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2892  they are identified within the original project boundary, the
 2893  management plan required pursuant to s. 253.034(5), or the
 2894  management prospectus required pursuant to s. 259.032(7)(c)
 2895  259.032(7)(d). Proposed additions not meeting the requirements
 2896  of this paragraph shall be submitted to the Acquisition and
 2897  Restoration council for approval. The council may only approve
 2898  the proposed addition if it meets two or more of the following
 2899  criteria: serves as a link or corridor to other publicly owned
 2900  property; enhances the protection or management of the property;
 2901  would add a desirable resource to the property; would create a
 2902  more manageable boundary configuration; has a high resource
 2903  value that otherwise would be unprotected; or can be acquired at
 2904  less than fair market value.
 2905         (10) The Acquisition and Restoration council shall give
 2906  increased priority to:
 2907         (a)those Projects for which matching funds are available.
 2908         (b)and to Project elements previously identified on an
 2909  acquisition list pursuant to this section that can be acquired
 2910  at 80 percent or less of appraised value.
 2911         (c)Projects that can be acquired in less than fee
 2912  ownership, such as a permanent conservation easement.
 2913         (d)Projects that contribute to improving the quality and
 2914  quantity of surface water and groundwater.
 2915         (e)Projects that contribute to improving the water quality
 2916  and flow of springs.
 2917         (f)The council shall also give increased priority to those
 2918  Projects for which where the state’s land conservation plans
 2919  overlap with the military’s need to protect lands, water, and
 2920  habitat to ensure the sustainability of military missions
 2921  including:
 2922         1.(a) Protecting habitat on nonmilitary land for any
 2923  species found on military land that is designated as threatened
 2924  or endangered, or is a candidate for such designation under the
 2925  Endangered Species Act or any Florida statute;
 2926         2.(b) Protecting areas underlying low-level military air
 2927  corridors or operating areas; and
 2928         3.(c) Protecting areas identified as clear zones, accident
 2929  potential zones, and air installation compatible use buffer
 2930  zones delineated by our military partners, and for which federal
 2931  or other funding is available to assist with the project.
 2932         (13) An affirmative vote of at least five members of the
 2933  Acquisition and Restoration council shall be required in order
 2934  to place a proposed project submitted pursuant to subsection (7)
 2935  on the proposed project list developed pursuant to subsection
 2936  (8). Any member of the council who by family or a business
 2937  relationship has a connection with any project proposed to be
 2938  ranked shall declare such interest before prior to voting for a
 2939  project’s inclusion on the list.
 2940         (15) The Acquisition and Restoration council shall submit
 2941  to the board of trustees, with its list of projects, a report
 2942  that includes, but need shall not be limited to, the following
 2943  information for each project listed:
 2944         (i) A management policy statement for the project and a
 2945  management prospectus pursuant to s. 259.032(7)(c)
 2946  259.032(7)(d).
 2947         (19) The Acquisition and Restoration council shall
 2948  recommend adoption of rules by the board of trustees necessary
 2949  to implement the provisions of this section relating to:
 2950  solicitation, scoring, selecting, and ranking of Florida Forever
 2951  project proposals; disposing of or leasing lands or water areas
 2952  selected for funding through the Florida Forever program; and
 2953  the process of reviewing and recommending for approval or
 2954  rejection the land management plans associated with publicly
 2955  owned properties. Rules promulgated pursuant to this subsection
 2956  shall be submitted to the President of the Senate and the
 2957  Speaker of the House of Representatives, for review by the
 2958  Legislature, no later than 30 days prior to the 2010 Regular
 2959  Session and shall become effective only after legislative
 2960  review. In its review, the Legislature may reject, modify, or
 2961  take no action relative to such rules. The board of trustees
 2962  shall conform such rules to changes made by the Legislature, or,
 2963  if no action was taken by the Legislature, such rules shall
 2964  become effective.
 2965         Section 23. Subsections (6) and (7) of section 259.1052,
 2966  Florida Statutes, are amended to read:
 2967         259.1052 Babcock Crescent B Ranch Florida Forever
 2968  acquisition; conditions for purchase.—
 2969         (6)In addition to distributions authorized under s.
 2970  259.105(3), the Department of Environmental Protection is
 2971  authorized to distribute $310 million in revenues from the
 2972  Florida Forever Trust Fund. This distribution shall represent
 2973  payment in full for the portion of the Babcock Crescent B Ranch
 2974  to be acquired by the state under this section.
 2975         (7)As used in this section, the term “state’s portion of
 2976  the Babcock Crescent B Ranch” comprises those lands to be
 2977  conveyed by special warranty deed to the Board of Trustees of
 2978  the Internal Improvement Trust Fund under the provisions of the
 2979  agreement for sale and purchase executed by the Board of
 2980  Trustees of the Internal Improvement Trust Fund, the Fish and
 2981  Wildlife Conservation Commission, the Department of Agriculture
 2982  and Consumer Services, and the participating local government,
 2983  as purchaser, and MSKP, III, a Florida corporation, as seller.
 2984         Section 24. Paragraph (d) of subsection (1) of section
 2985  73.015, Florida Statutes, is amended to read:
 2986         73.015 Presuit negotiation.—
 2987         (1) Effective July 1, 2000, before an eminent domain
 2988  proceeding is brought under this chapter or chapter 74, the
 2989  condemning authority must attempt to negotiate in good faith
 2990  with the fee owner of the parcel to be acquired, must provide
 2991  the fee owner with a written offer and, if requested, a copy of
 2992  the appraisal upon which the offer is based, and must attempt to
 2993  reach an agreement regarding the amount of compensation to be
 2994  paid for the parcel.
 2995         (d) Notwithstanding this subsection, with respect to lands
 2996  acquired under s. 253.025 259.041, the condemning authority is
 2997  not required to give the fee owner the current appraisal before
 2998  executing an option contract.
 2999         Section 25. Paragraph (b) of subsection (1) of section
 3000  125.355, Florida Statutes, is amended to read:
 3001         125.355 Proposed purchase of real property by county;
 3002  confidentiality of records; procedure.—
 3003         (1)
 3004         (b) If the exemptions provided in this section are
 3005  utilized, the governing body shall obtain at least one appraisal
 3006  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3007  for each purchase in an amount of not more than $500,000. For
 3008  each purchase in an amount in excess of $500,000, the governing
 3009  body shall obtain at least two appraisals by appraisers approved
 3010  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3011  price exceeds the average appraised price of the two appraisals,
 3012  the governing body is required to approve the purchase by an
 3013  extraordinary vote. The governing body may, by ordinary vote,
 3014  exempt a purchase in an amount of $100,000 or less from the
 3015  requirement for an appraisal.
 3016         Section 26. Paragraph (b) of subsection (1) of section
 3017  166.045, Florida Statutes, is amended to read:
 3018         166.045 Proposed purchase of real property by municipality;
 3019  confidentiality of records; procedure.—
 3020         (1)
 3021         (b) If the exemptions provided in this section are
 3022  utilized, the governing body shall obtain at least one appraisal
 3023  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3024  for each purchase in an amount of not more than $500,000. For
 3025  each purchase in an amount in excess of $500,000, the governing
 3026  body shall obtain at least two appraisals by appraisers approved
 3027  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3028  price exceeds the average appraised price of the two appraisals,
 3029  the governing body is required to approve the purchase by an
 3030  extraordinary vote. The governing body may, by ordinary vote,
 3031  exempt a purchase in an amount of $100,000 or less from the
 3032  requirement for an appraisal.
 3033         Section 27. Subsection (2) of section 215.82, Florida
 3034  Statutes, is amended to read:
 3035         215.82 Validation; when required.—
 3036         (2) Any bonds issued pursuant to this act which are
 3037  validated shall be validated in the manner provided by chapter
 3038  75. In actions to validate bonds to be issued in the name of the
 3039  State Board of Education under s. 9(a) and (d), Art. XII of the
 3040  State Constitution and bonds to be issued pursuant to chapter
 3041  259, the Land Conservation Program Act of 1972, the complaint
 3042  shall be filed in the circuit court of the county where the seat
 3043  of state government is situated, the notice required to be
 3044  published by s. 75.06 shall be published only in the county
 3045  where the complaint is filed, and the complaint and order of the
 3046  circuit court shall be served only on the state attorney of the
 3047  circuit in which the action is pending. In any action to
 3048  validate bonds issued pursuant to s. 1010.62 or issued pursuant
 3049  to s. 9(a)(1), Art. XII of the State Constitution or issued
 3050  pursuant to s. 215.605 or s. 338.227, the complaint shall be
 3051  filed in the circuit court of the county where the seat of state
 3052  government is situated, the notice required to be published by
 3053  s. 75.06 shall be published in a newspaper of general
 3054  circulation in the county where the complaint is filed and in
 3055  two other newspapers of general circulation in the state, and
 3056  the complaint and order of the circuit court shall be served
 3057  only on the state attorney of the circuit in which the action is
 3058  pending; provided, however, that if publication of notice
 3059  pursuant to this section would require publication in more
 3060  newspapers than would publication pursuant to s. 75.06, such
 3061  publication shall be made pursuant to s. 75.06.
 3062         Section 28. Section 215.965, Florida Statutes, is amended
 3063  to read:
 3064         215.965 Disbursement of state moneys.—Except as provided in
 3065  s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
 3066  717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
 3067  moneys in the State Treasury shall be disbursed by state
 3068  warrant, drawn by the Chief Financial Officer upon the State
 3069  Treasury and payable to the ultimate beneficiary. This
 3070  authorization shall include electronic disbursement.
 3071         Section 29. Subsection (8) of section 253.027, Florida
 3072  Statutes, is amended to read:
 3073         253.027 Emergency archaeological property acquisition.—
 3074         (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
 3075  of the Internal Improvement Trust Fund may waive or limit any
 3076  appraisal or survey requirements in s. 253.025 259.041, if
 3077  necessary to effectuate the purposes of this section. Fee simple
 3078  title is not required to be conveyed if some lesser interest
 3079  will allow the preservation of the archaeological resource.
 3080  Properties purchased pursuant to this section shall be
 3081  considered archaeologically unique or significant properties and
 3082  may be purchased under the provisions of s. 253.025(9)
 3083  253.025(7).
 3084         Section 30. Section 253.7824, Florida Statutes, is amended
 3085  to read:
 3086         253.7824 Sale of products; proceeds.—The Department of
 3087  Environmental Protection may authorize the removal and sale of
 3088  products from the land where environmentally appropriate, the
 3089  proceeds from which shall be deposited into the appropriate
 3090  trust fund in accordance with the same disposition provided
 3091  under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
 3092  sale of land.
 3093         Section 31. Paragraphs (b) and (c) of subsection (2) of
 3094  section 260.015, Florida Statutes, are amended to read:
 3095         260.015 Acquisition of land.—
 3096         (2) For purposes of the Florida Greenways and Trails
 3097  Program, the board may:
 3098         (b) Accept title to abandoned railroad rights-of-way which
 3099  is conveyed by quitclaim deed through purchase, dedication,
 3100  gift, grant, or settlement, notwithstanding s. 253.025
 3101  259.041(1).
 3102         (c) Enter into an agreement or, upon delegation, the
 3103  department may enter into an agreement, with a nonprofit
 3104  corporation, as defined in s. 253.025 259.041(7)(e), to assume
 3105  responsibility for acquisition of lands pursuant to this
 3106  section. The agreement may transfer responsibility for all
 3107  matters which may be delegated or waived pursuant to s. 253.025
 3108  259.041(1).
 3109         Section 32. Paragraph (b) of subsection (3) of section
 3110  260.016, Florida Statutes, is amended to read:
 3111         260.016 General powers of the department.—
 3112         (3) The department or its designee is authorized to
 3113  negotiate with potentially affected private landowners as to the
 3114  terms under which such landowners would consent to the public
 3115  use of their lands as part of the greenways and trails system.
 3116  The department shall be authorized to agree to incentives for a
 3117  private landowner who consents to this public use of his or her
 3118  lands for conservation or recreational purposes, including, but
 3119  not limited to, the following:
 3120         (b) Agreement to exchange, subject to the approval of the
 3121  board of Trustees of the Internal Improvement Trust Fund or
 3122  other applicable unit of government, ownership or other rights
 3123  of use of public lands for the ownership or other rights of use
 3124  of privately owned lands. Any exchange of state-owned lands,
 3125  title to which is vested in the board of Trustees of the
 3126  Internal Improvement Trust Fund, for privately owned lands shall
 3127  be subject to the requirements of s. 253.025 259.041.
 3128         Section 33. Subsections (6) and (7) of section 369.317,
 3129  Florida Statutes, are amended to read:
 3130         369.317 Wekiva Parkway.—
 3131         (6) The Central Florida Expressway Authority is hereby
 3132  granted the authority to act as a third-party acquisition agent,
 3133  pursuant to s. 253.025 259.041 on behalf of the Board of
 3134  Trustees of the Internal Improvement Trust Fund or chapter 373
 3135  on behalf of the governing board of the St. Johns River Water
 3136  Management District, for the acquisition of all necessary lands,
 3137  property and all interests in property identified herein,
 3138  including fee simple or less-than-fee simple interests. The
 3139  lands subject to this authority are identified in paragraph
 3140  10.a., State of Florida, Office of the Governor, Executive Order
 3141  03-112 of July 1, 2003, and in Recommendation 16 of the Wekiva
 3142  Basin Area Task Force created by Executive Order 2002-259, such
 3143  lands otherwise known as Neighborhood Lakes, a 1,587+/-acre
 3144  parcel located in Orange and Lake Counties within Sections 27,
 3145  28, 33, and 34 of Township 19 South, Range 28 East, and Sections
 3146  3, 4, 5, and 9 of Township 20 South, Range 28 East; Seminole
 3147  Woods/Swamp, a 5,353+/-acre parcel located in Lake County within
 3148  Section 37, Township 19 South, Range 28 East; New Garden Coal; a
 3149  1,605+/-acre parcel in Lake County within Sections 23, 25, 26,
 3150  35, and 36, Township 19 South, Range 28 East; Pine Plantation, a
 3151  617+/-acre tract consisting of eight individual parcels within
 3152  the Apopka City limits. The Department of Transportation, the
 3153  Department of Environmental Protection, the St. Johns River
 3154  Water Management District, and other land acquisition entities
 3155  shall participate and cooperate in providing information and
 3156  support to the third-party acquisition agent. The land
 3157  acquisition process authorized by this paragraph shall begin no
 3158  later than December 31, 2004. Acquisition of the properties
 3159  identified as Neighborhood Lakes, Pine Plantation, and New
 3160  Garden Coal, or approval as a mitigation bank shall be concluded
 3161  no later than December 31, 2010. Department of Transportation
 3162  and Central Florida Expressway Authority funds expended to
 3163  purchase an interest in those lands identified in this
 3164  subsection shall be eligible as environmental mitigation for
 3165  road construction related impacts in the Wekiva Study Area. If
 3166  any of the lands identified in this subsection are used as
 3167  environmental mitigation for road-construction-related impacts
 3168  incurred by the Department of Transportation or Central Florida
 3169  Expressway Authority, or for other impacts incurred by other
 3170  entities, within the Wekiva Study Area or within the Wekiva
 3171  parkway alignment corridor, and if the mitigation offsets these
 3172  impacts, the St. Johns River Water Management District and the
 3173  Department of Environmental Protection shall consider the
 3174  activity regulated under part IV of chapter 373 to meet the
 3175  cumulative impact requirements of s. 373.414(8)(a).
 3176         (a) Acquisition of the land described in this section is
 3177  required to provide right-of-way for the Wekiva Parkway, a
 3178  limited access roadway linking State Road 429 to Interstate 4,
 3179  an essential component in meeting regional transportation needs
 3180  to provide regional connectivity, improve safety, accommodate
 3181  projected population and economic growth, and satisfy critical
 3182  transportation requirements caused by increased traffic volume
 3183  growth and travel demands.
 3184         (b) Acquisition of the lands described in this section is
 3185  also required to protect the surface water and groundwater
 3186  resources of Lake, Orange, and Seminole counties, otherwise
 3187  known as the Wekiva Study Area, including recharge within the
 3188  springshed that provides for the Wekiva River system. Protection
 3189  of this area is crucial to the long term viability of the Wekiva
 3190  River and springs and the central Florida region’s water supply.
 3191  Acquisition of the lands described in this section is also
 3192  necessary to alleviate pressure from growth and development
 3193  affecting the surface and groundwater resources within the
 3194  recharge area.
 3195         (c) Lands acquired pursuant to this section that are needed
 3196  for transportation facilities for the Wekiva Parkway shall be
 3197  determined not necessary for conservation purposes pursuant to
 3198  ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
 3199  to or retained by the Central Florida Expressway Authority or
 3200  the Department of Transportation upon reimbursement of the full
 3201  purchase price and acquisition costs.
 3202         (7) The Department of Transportation, the Department of
 3203  Environmental Protection, the St. Johns River Water Management
 3204  District, Central Florida Expressway Authority, and other land
 3205  acquisition entities shall cooperate and establish funding
 3206  responsibilities and partnerships by agreement to the extent
 3207  funds are available to the various entities. Properties acquired
 3208  with Florida Forever funds shall be in accordance with s.
 3209  253.025 259.041 or chapter 373. The Central Florida Expressway
 3210  Authority shall acquire land in accordance with this section of
 3211  law to the extent funds are available from the various funding
 3212  partners; however, the authority is, but shall not be required
 3213  or nor assumed to fund the land acquisition beyond the agreement
 3214  and funding provided by the various land acquisition entities.
 3215         Section 34. Paragraph (a) of subsection (3) of section
 3216  373.139, Florida Statutes, is amended to read:
 3217         373.139 Acquisition of real property.—
 3218         (3) The initial 5-year work plan and any subsequent
 3219  modifications or additions thereto shall be adopted by each
 3220  water management district after a public hearing. Each water
 3221  management district shall provide at least 14 days’ advance
 3222  notice of the hearing date and shall separately notify each
 3223  county commission within which a proposed work plan project or
 3224  project modification or addition is located of the hearing date.
 3225         (a) Appraisal reports, offers, and counteroffers are
 3226  confidential and exempt from the provisions of s. 119.07(1)
 3227  until an option contract is executed or, if no option contract
 3228  is executed, until 30 days before a contract or agreement for
 3229  purchase is considered for approval by the governing board.
 3230  However, each district may, at its discretion, disclose
 3231  appraisal reports to private landowners during negotiations for
 3232  acquisitions using alternatives to fee simple techniques, if the
 3233  district determines that disclosure of such reports will bring
 3234  the proposed acquisition to closure. If In the event that
 3235  negotiation is terminated by the district, the appraisal report,
 3236  offers, and counteroffers shall become available pursuant to s.
 3237  119.07(1). Notwithstanding the provisions of this section and s.
 3238  253.025 259.041, a district and the Division of State Lands may
 3239  share and disclose appraisal reports, appraisal information,
 3240  offers, and counteroffers when joint acquisition of property is
 3241  contemplated. A district and the Division of State Lands shall
 3242  maintain the confidentiality of such appraisal reports,
 3243  appraisal information, offers, and counteroffers in conformance
 3244  with this section and s. 253.025 259.041, except in those cases
 3245  in which a district and the division have exercised discretion
 3246  to disclose such information. A district may disclose appraisal
 3247  information, offers, and counteroffers to a third party who has
 3248  entered into a contractual agreement with the district to work
 3249  with or on the behalf of or to assist the district in connection
 3250  with land acquisitions. The third party shall maintain the
 3251  confidentiality of such information in conformance with this
 3252  section. In addition, a district may use, as its own, appraisals
 3253  obtained by a third party provided the appraiser is selected
 3254  from the district’s list of approved appraisers and the
 3255  appraisal is reviewed and approved by the district.
 3256         Section 35. Subsection (8) of section 375.031, Florida
 3257  Statutes, is amended to read:
 3258         375.031 Acquisition of land; procedures.—
 3259         (8) The department may, if it deems it desirable and in the
 3260  best interest of the program, request the board of trustees to
 3261  sell or otherwise dispose of any lands or water storage areas
 3262  acquired under this act. The board of trustees, when so
 3263  requested, shall offer the lands or water storage areas, on such
 3264  terms as the department may determine, first to other state
 3265  agencies and then, if still available, to the county or
 3266  municipality in which the lands or water storage areas lie. If
 3267  not acquired by another state agency or local governmental body
 3268  for beneficial public purposes, the lands or water storage areas
 3269  shall then be offered by the board of trustees at public sale,
 3270  after first giving notice of such sale by publication in a
 3271  newspaper published in the county or counties in which such
 3272  lands or water storage areas lie not less than once a week for 3
 3273  consecutive weeks. All proceeds from the sale or disposition of
 3274  any lands or water storage areas pursuant to this section shall
 3275  be deposited into the appropriate trust fund pursuant to s.
 3276  253.0341 253.034(6)(k), (l), or (m).
 3277         Section 36. Subsection (2) of section 375.041, Florida
 3278  Statutes, is amended to read:
 3279         375.041 Land Acquisition Trust Fund.—
 3280         (2) All moneys and revenue from the sale or other
 3281  disposition of land, water areas, or related resources acquired
 3282  on or after July 1, 2015, for the purposes of s. 28, Art. X of
 3283  the State Constitution shall be deposited into or credited to
 3284  the Land Acquisition Trust Fund, except as otherwise provided
 3285  pursuant to s. 253.0341 253.034(6)(l).
 3286         Section 37. Paragraph (a) of subsection (1) of section
 3287  380.05, Florida Statutes, is amended to read:
 3288         380.05 Areas of critical state concern.—
 3289         (1)(a) The state land planning agency may from time to time
 3290  recommend to the Administration Commission specific areas of
 3291  critical state concern. In its recommendation, the agency shall
 3292  include recommendations with respect to the purchase of lands
 3293  situated within the boundaries of the proposed area as
 3294  environmentally endangered lands and outdoor recreation lands
 3295  under the Land Conservation Program Act of 1972. The agency also
 3296  shall include any report or recommendation of a resource
 3297  planning and management committee appointed pursuant to s.
 3298  380.045; the dangers that would result from uncontrolled or
 3299  inadequate development of the area and the advantages that would
 3300  be achieved from the development of the area in a coordinated
 3301  manner; a detailed boundary description of the proposed area;
 3302  specific principles for guiding development within the area; an
 3303  inventory of lands owned by the state, federal, county, and
 3304  municipal governments within the proposed area; and a list of
 3305  the state agencies with programs that affect the purpose of the
 3306  designation. The agency shall recommend actions which the local
 3307  government and state and regional agencies must accomplish in
 3308  order to implement the principles for guiding development. These
 3309  actions may include, but need shall not be limited to, revisions
 3310  of the local comprehensive plan and adoption of land development
 3311  regulations, density requirements, and special permitting
 3312  requirements.
 3313         Section 38. Paragraph (b) of subsection (5) of section
 3314  380.055, Florida Statutes, is amended to read:
 3315         380.055 Big Cypress Area.—
 3316         (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
 3317         (b) The Board of Trustees of the Internal Improvement Trust
 3318  Fund shall set aside from the proceeds of the full faith and
 3319  credit bonds authorized by the Land Conservation Program Act of
 3320  1972, or from other funds authorized, appropriated, or allocated
 3321  for the acquisition of environmentally endangered lands, or from
 3322  both sources, $40 million for acquisition of the area proposed
 3323  as the Federal Big Cypress National Preserve, Florida, or
 3324  portions thereof.
 3325         Section 39. Paragraph (f) of subsection (4) of section
 3326  380.508, Florida Statutes, is amended to read:
 3327         380.508 Projects; development, review, and approval.—
 3328         (4) Projects or activities which the trust undertakes,
 3329  coordinates, or funds in any manner shall comply with the
 3330  following guidelines:
 3331         (f) The trust shall cooperate with local governments, state
 3332  agencies, federal agencies, and nonprofit organizations in
 3333  ensuring the reservation of lands for parks, recreation, fish
 3334  and wildlife habitat, historical preservation, or scientific
 3335  study. If any local government, state agency, federal agency, or
 3336  nonprofit organization is unable, due to limited financial
 3337  resources or other circumstances of a temporary nature, to
 3338  acquire a site for the purposes described in this paragraph, the
 3339  trust may acquire and hold the site for subsequent conveyance to
 3340  the appropriate governmental agency or nonprofit organization.
 3341  The trust may provide such technical assistance as required to
 3342  aid local governments, state and federal agencies, and nonprofit
 3343  organizations in completing acquisition and related functions.
 3344  The trust may not reserve lands acquired in accordance with this
 3345  paragraph for more than 5 years from the time of acquisition. A
 3346  local government, federal or state agency, or nonprofit
 3347  organization may acquire the land at any time during this period
 3348  for public purposes. The purchase price shall be based upon the
 3349  trust’s cost of acquisition, plus administrative and management
 3350  costs in reserving the land. The payment of the purchase price
 3351  shall be by money, trust-approved property of an equivalent
 3352  value, or a combination of money and trust-approved property.
 3353  If, after the 5-year period, the trust has not sold to a
 3354  governmental agency or nonprofit organization land acquired for
 3355  site reservation, the trust shall dispose of such land at fair
 3356  market value or shall trade it for other land of comparable
 3357  value which will serve to accomplish the purposes of this part.
 3358  Any proceeds from the sale of such land received by the
 3359  department shall be deposited into the appropriate trust fund
 3360  pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
 3361  
 3362  Project costs may include costs of providing parks, open space,
 3363  public access sites, scenic easements, and other areas and
 3364  facilities serving the public where such features are part of a
 3365  project plan approved according to this part. In undertaking or
 3366  coordinating projects or activities authorized by this part, the
 3367  trust shall, when appropriate, use and promote the use of
 3368  creative land acquisition methods, including the acquisition of
 3369  less than fee interest through, among other methods,
 3370  conservation easements, transfer of development rights, leases,
 3371  and leaseback arrangements. The trust shall assist local
 3372  governments in the use of sound alternative methods of financing
 3373  for funding projects and activities authorized under this part.
 3374  Any funds over and above eligible project costs, which remain
 3375  after completion of a project approved according to this part,
 3376  shall be transmitted to the state and deposited into the Florida
 3377  Forever Trust Fund.
 3378         Section 40. Section 589.07, Florida Statutes, is amended to
 3379  read:
 3380         589.07 Florida Forest Service may acquire lands for forest
 3381  purposes.—The Florida Forest Service, on behalf of the state and
 3382  subject to the restrictions mentioned in s. 589.08, may acquire
 3383  lands, suitable for state forest purposes, by gift, donation,
 3384  contribution, purchase, or otherwise and may enter into
 3385  agreements with the Federal Government, or other agency, for
 3386  acquiring by gift, purchase, or otherwise, such lands as are, in
 3387  the judgment of the Florida Forest Service, suitable and
 3388  desirable for state forests. The acquisition procedures for
 3389  state lands provided in s. 253.025 259.041 do not apply to
 3390  acquisition of land by the Florida Forest Service.
 3391         Section 41. Paragraphs (a) and (b) of subsection (4) of
 3392  section 944.10, Florida Statutes, are amended to read:
 3393         944.10 Department of Corrections to provide buildings; sale
 3394  and purchase of land; contracts to provide services and inmate
 3395  labor.—
 3396         (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3397  the department finds it to be necessary for timely site
 3398  acquisition, it may contract without the need for competitive
 3399  selection with one or more appraisers whose names are contained
 3400  on the list of approved appraisers maintained by the Division of
 3401  State Lands of the Department of Environmental Protection in
 3402  accordance with s. 253.025(8) 253.025(6)(b). In those instances
 3403  in which the department directly contracts for appraisal
 3404  services, it must also contract with an approved appraiser who
 3405  is not employed by the same appraisal firm for review services.
 3406         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3407  department may negotiate and enter into an option contract
 3408  before an appraisal is obtained. The option contract must state
 3409  that the final purchase price cannot exceed the maximum value
 3410  allowed by law. The consideration for such an option contract
 3411  may not exceed 10 percent of the estimate obtained by the
 3412  department or 10 percent of the value of the parcel, whichever
 3413  amount is greater.
 3414         Section 42. Subsections (6) and (7) of section 957.04,
 3415  Florida Statutes, are amended to read:
 3416         957.04 Contract requirements.—
 3417         (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
 3418  Trustees of the Internal Improvement Trust Fund need not approve
 3419  a lease-purchase agreement negotiated by the Department of
 3420  Management Services if the Department of Management Services
 3421  finds that there is a need to expedite the lease-purchase.
 3422         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3423  the Department of Management Services finds it to be in the best
 3424  interest of timely site acquisition, it may contract without the
 3425  need for competitive selection with one or more appraisers whose
 3426  names are contained on the list of approved appraisers
 3427  maintained by the Division of State Lands of the Department of
 3428  Environmental Protection in accordance with s. 253.025(8)
 3429  253.025(6)(b). In those instances when the Department of
 3430  Management Services directly contracts for appraisal services,
 3431  it shall also contract with an approved appraiser who is not
 3432  employed by the same appraisal firm for review services.
 3433         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3434  Department of Management Services may negotiate and enter into
 3435  lease-purchase agreements before an appraisal is obtained. Any
 3436  such agreement must state that the final purchase price cannot
 3437  exceed the maximum value allowed by law.
 3438         Section 43. Paragraphs (a) and (b) of subsection (12) of
 3439  section 985.682, Florida Statutes, are amended to read:
 3440         985.682 Siting of facilities; criteria.—
 3441         (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
 3442  department finds it necessary for timely site acquisition, it
 3443  may contract, without using the competitive selection procedure,
 3444  with an appraiser whose name is on the list of approved
 3445  appraisers maintained by the Division of State Lands of the
 3446  Department of Environmental Protection under s. 253.025(8)
 3447  253.025(6)(b). When the department directly contracts for
 3448  appraisal services, it must contract with an approved appraiser
 3449  who is not employed by the same appraisal firm for review
 3450  services.
 3451         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3452  department may negotiate and enter into an option contract
 3453  before an appraisal is obtained. The option contract must state
 3454  that the final purchase price may not exceed the maximum value
 3455  allowed by law. The consideration for such an option contract
 3456  may not exceed 10 percent of the estimate obtained by the
 3457  department or 10 percent of the value of the parcel, whichever
 3458  amount is greater.
 3459         Section 44. Paragraph (b) of subsection (1) of section
 3460  1013.14, Florida Statutes, is amended to read:
 3461         1013.14 Proposed purchase of real property by a board;
 3462  confidentiality of records; procedure.—
 3463         (1)
 3464         (b) Before Prior to acquisition of the property, the board
 3465  shall obtain at least one appraisal by an appraiser approved
 3466  pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
 3467  amount greater than $100,000 and not more than $500,000. For
 3468  each purchase in an amount in excess of $500,000, the board
 3469  shall obtain at least two appraisals by appraisers approved
 3470  pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
 3471  purchase price exceeds the average appraised value, the board is
 3472  required to approve the purchase by an extraordinary vote.
 3473         Section 45. This act shall take effect July 1, 2016.