Florida Senate - 2016                             CS for SB 1290
       
       
        
       By the Committee on Appropriations; and Senator Simpson
       
       576-04852-16                                          20161290c1
    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; revising the minimum survey standards
   20         incorporated by reference for conducting certified
   21         surveys; authorizing the disclosure of confidential
   22         appraisal reports under certain conditions; providing
   23         for public agencies and nonprofit organizations to
   24         enter into written agreements with the Department of
   25         Environmental Protection, rather than the Division of
   26         State Lands, to purchase and hold property for
   27         subsequent resale to the board, rather than the
   28         division; revising the definition of the term
   29         “nonprofit organization”; directing the board to adopt
   30         by rule the method for determining the value of
   31         parcels sought to be acquired by state agencies;
   32         providing requirements for such acquisitions;
   33         expanding the scope of real estate acquisition
   34         services for which the board and state agencies may
   35         contract; authorizing the Department of Environmental
   36         Protection to use outside counsel to review any
   37         agreements or documents or to perform acquisition
   38         closings under certain conditions; requiring state
   39         agencies to furnish the Department of Environmental
   40         Protection rather than the Division of State Lands
   41         with specified acquisition documents; providing that
   42         the purchase price of certain parcels is not subject
   43         to an increase or a decrease as a result of certain
   44         circumstances; authorizing the board of trustees to
   45         direct the Department of Environmental Protection to
   46         exercise eminent domain for the acquisition of certain
   47         conservation parcels under certain circumstances;
   48         authorizing the department to exercise condemnation
   49         authority directly or by contracting with the
   50         Department of Transportation or a water management
   51         district to provide such service; authorizing the
   52         board of trustees to direct the Department of
   53         Environmental Protection to purchase lands on an
   54         immediate basis using specified funds; authorizing the
   55         board of trustees to waive or modify all procedures
   56         required for such land acquisition; providing that
   57         title to certain lands held jointly by the board of
   58         trustees and a water management district meet the
   59         standards necessary for ownership by the board;
   60         creating s. 253.0251, F.S.; providing for the use of
   61         alternatives to fee simple acquisition for land
   62         purchases by the Department of Environmental
   63         Protection, the Department of Agriculture and Consumer
   64         Services, and water management districts; amending s.
   65         253.03, F.S.; deleting provisions directing the board
   66         of trustees to adopt by rule an annual administrative
   67         fee for certain leases and similar instruments;
   68         revising the criteria by which specified structures
   69         have the right to continue submerged land leases;
   70         directing the board of trustees to adopt by rule an
   71         annual administrative fee for certain leases and
   72         instruments; authorizing nonwater-dependent uses for
   73         submerged lands; amending s. 253.031, F.S.; providing
   74         for the Department of Environmental Protection to
   75         maintain documents concerning all state lands;
   76         deleting an obsolete provision; amending s. 253.034,
   77         F.S.; authorizing the department to submit certain
   78         state-owned lands to the Acquisition and Restoration
   79         Council or board of trustees for review and
   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, the
   89         Commissioner of Agriculture, or the executive director
   90         of the Fish and Wildlife Conservation Commission or
   91         their designees are required to submit land management
   92         plans to the board of trustees; requiring that updated
   93         land management plans identify conservation lands that
   94         are no longer needed for conservation purposes;
   95         deleting provisions directing the board of trustees to
   96         make certain determinations regarding the surplus and
   97         disposition of state lands; deleting provisions
   98         requiring that buildings and parcels of land be
   99         offered for lease to state agencies, state
  100         universities, and Florida College System institutions
  101         before being offered for lease or sale to a local or
  102         federal unit of government or a private party;
  103         amending s. 253.0341, F.S.; deleting provisions
  104         authorizing counties and local governments to submit
  105         requests for the surplus of state-owned lands and
  106         requiring that such requests be expedited; directing
  107         the board of trustees to make certain determinations
  108         regarding the surplus and disposition of state lands;
  109         providing that lands acquired before a certain date
  110         using specified proceeds are deemed to have been
  111         acquired for conservation purposes; providing that
  112         certain lands used by the Department of Corrections,
  113         the Department of Management Services, and the
  114         Department of Transportation may not be designated as
  115         lands acquired for conservation purposes; requiring
  116         updated land management plans to identify conservation
  117         and nonconservation lands that are no longer used for
  118         the purposes for which they were originally leased and
  119         that could be disposed of; deleting an obsolete
  120         provision; requiring that facilities and
  121         nonconservation parcels of land be offered for lease
  122         to state agencies before being offered for lease to a
  123         local or federal unit of government, state university,
  124         Florida College System institution, or private party;
  125         providing for the valuation and disposition of surplus
  126         lands; providing for the deposit of proceeds from the
  127         sale of such lands; authorizing the board of trustees
  128         to adopt rules; requiring surplus lands conveyed to a
  129         local government for affordable housing to be disposed
  130         of by the local government; amending s. 253.111, F.S.;
  131         deleting provisions requiring the board of trustees to
  132         afford an opportunity to local governments to purchase
  133         certain state-owned lands; revising provisions
  134         relating to the rights of riparian owners to secure
  135         certain state-owned lands; amending s. 253.42, F.S.;
  136         authorizing individuals or entities to submit requests
  137         to the Division of State Lands to exchange state-owned
  138         land for privately held land; requiring the state to
  139         retain permanent conservation easements over the
  140         state-owned land and all or a portion of the privately
  141         held land; requiring the division, under certain
  142         circumstances, to submit requests to the Acquisition
  143         and Restoration Council for review and recommendation
  144         and to the board of trustees with recommendations from
  145         the division and the council; providing applicability;
  146         directing the board of trustees to consider a request
  147         if certain conditions are met; providing special
  148         consideration for certain requests; providing that
  149         such lands are subject to inspection; amending s.
  150         253.782, F.S.; deleting a provision directing the
  151         Department of Environmental Protection to retain
  152         ownership of and maintain lands or interests in land
  153         owned by the board of trustees; amending s. 253.7821,
  154         F.S.; assigning the Cross Florida Greenways State
  155         Recreation and Conservation Area to the Department of
  156         Environmental Protection rather than the Office of
  157         Greenways Management within the Office of the
  158         Secretary; creating s. 253.87, F.S.; directing the
  159         Department of Environmental Protection to include
  160         certain county, municipal, state, and federal lands in
  161         the Florida State-Owned Lands and Records Information
  162         System (FL-SOLARIS) database and to update the
  163         database at specified intervals; requiring counties,
  164         municipalities, and financially disadvantaged small
  165         communities to submit a list of certain lands to the
  166         department by a specified date and at specified
  167         intervals; directing the department to conduct a study
  168         and submit a report to the Governor and the
  169         Legislature on the technical and economic feasibility
  170         of including certain lands in the database or a
  171         similar public lands inventory; amending s. 259.01,
  172         F.S.; renaming the “Land Conservation Act of 1972” as
  173         the “Land Conservation Program”; repealing s. 259.02,
  174         F.S., relating to issuance of state bonds for certain
  175         land projects; amending s. 259.032, F.S.; conforming
  176         cross-references; revising provisions relating to the
  177         management of conservation and recreation lands to
  178         conform with changes made by the act; revising duties
  179         of the Acquisition and Restoration Council; amending
  180         s. 259.035, F.S.; requiring recipients of funds from
  181         the Land Acquisition Trust Fund to annually report
  182         certain performance measures to the Department of
  183         Environmental Protection rather than the Division of
  184         State Lands; amending s. 259.036, F.S.; revising the
  185         composition of the regional land management review
  186         team; providing for the Department of Environmental
  187         Protection rather than the Division of State Lands to
  188         act as the review team coordinator; revising
  189         requirements for conservation and recreation land
  190         management reviews and plans; amending s. 259.037,
  191         F.S.; removing the director of the Office of Greenways
  192         and Trails from the Land Management Uniform Accounting
  193         Council; repealing s. 259.041(1)-(6) and (8)-(19),
  194         F.S., relating to the acquisition of state-owned lands
  195         for preservation, conservation, and recreation
  196         purposes; amending s. 259.047, F.S.; revising
  197         provisions relating to the acquisition of land on
  198         which an agricultural lease exists to conform with
  199         changes made by the act; amending s. 259.101, F.S.;
  200         conforming cross-references; revising provisions
  201         relating to alternate use of lands acquired under the
  202         Florida Preservation 2000 Act to conform with changes
  203         made by the act; deleting provisions for alternatives
  204         to fee simple acquisition of such lands to conform
  205         with changes made by the act; amending s. 259.105,
  206         F.S.; deleting provisions requiring the advancement of
  207         certain goals and objectives of imperiled species
  208         management on state lands to conform with changes made
  209         by the act; conforming cross-references; revising
  210         provisions directing the Acquisition and Restoration
  211         Council to give increased priority to certain projects
  212         when developing proposed rules relating to Florida
  213         Forever funding and additions to the Conservation and
  214         Recreation Lands list; deleting provisions requiring
  215         that such rules be submitted to the Legislature for
  216         review; amending s. 259.1052, F.S.; deleting
  217         provisions authorizing the Department of Environmental
  218         Protection to distribute revenues from the Florida
  219         Forever Trust Fund for the acquisition of a portion of
  220         Babcock Crescent B Ranch; creating s. 570.715, F.S.,
  221         and transferring, renumbering, and amending s.
  222         259.04(7), F.S.; providing procedures for the
  223         acquisition of conservation easements by the
  224         Department of Agriculture and Consumer Services;
  225         amending s. 373.089, F.S.; extending the timeframe
  226         within which a certified appraisal may be obtained for
  227         parcels of land to be sold as surplus; providing an
  228         additional exception to the requirement that the
  229         governing board first offer title to certain lands;
  230         revising the procedures a water management district
  231         must follow for publishing a notice of intention to
  232         sell surplus lands; providing an exception from such
  233         notice requirements if a parcel of land is valued
  234         below a certain threshold; authorizing such parcels to
  235         be sold directly to the highest bidder; amending ss.
  236         73.015, 125.355, 166.045, 215.82, 215.965, 253.027,
  237         253.7824, 260.015, 260.016, 369.317, 373.139, 375.031,
  238         375.041, 380.05, 380.055, 380.508, 589.07, 944.10,
  239         957.04, 985.682, and 1013.14, F.S.; conforming cross
  240         references; providing an appropriation and authorizing
  241         positions; providing an effective date.
  242          
  243  Be It Enacted by the Legislature of the State of Florida:
  244  
  245         Section 1. Section 253.025, Florida Statutes, is amended to
  246  read:
  247         253.025 Acquisition of state lands for purposes other than
  248  preservation, conservation, and recreation.—
  249         (1)(a)Neither The Board of Trustees of the Internal
  250  Improvement Trust Fund or nor its duly authorized agent may not
  251  shall commit the state, through any instrument of negotiated
  252  contract or agreement for purchase, to the purchase of lands
  253  with or without appurtenances unless the provisions of this
  254  section has have been fully complied with.
  255         (b)Except for the requirements of subsections (4), (11),
  256  and (22), if the public’s interest is reasonably protected, the
  257  board of trustees may:
  258         1.Waive any requirements of this section.
  259         2.Waive any rules adopted pursuant to this section,
  260  notwithstanding chapter 120.
  261         3.Substitute other reasonably prudent procedures.
  262         (c)However, The board of trustees may also substitute
  263  federally mandated acquisition procedures for the provisions of
  264  this section if when federal funds are available and will be
  265  used utilized for the purchase of lands, title to which will
  266  vest in the board of trustees, and qualification for such
  267  federal funds requires compliance with federally mandated
  268  acquisition procedures.
  269         (d) Notwithstanding any provisions in this section to the
  270  contrary, if lands are being acquired by the board of trustees
  271  for the anticipated sale, conveyance, or transfer to the Federal
  272  Government pursuant to a joint state and federal acquisition
  273  project, the board of trustees may use appraisals obtained by
  274  the Federal Government in the acquisition of such lands. The
  275  board of trustees may waive any provision of this section when
  276  land is being conveyed from a state agency to the board.
  277         (e)The title to lands acquired pursuant to this section
  278  shall vest in the board of trustees pursuant to s. 253.03(1)
  279  unless otherwise provided by law, and all such titled lands
  280  shall be administered pursuant to s. 253.03.
  281         (2) Before Prior to any state agency initiates initiating
  282  any land acquisition, except for as pertains to the purchase of
  283  property for transportation facilities and transportation
  284  corridors and property for borrow pits for road building
  285  purposes, the agency shall coordinate with the Division of State
  286  Lands to determine the availability of existing, suitable state
  287  owned lands in the area and the public purpose for which the
  288  acquisition is being proposed. If the state agency determines
  289  that no suitable state-owned lands exist, the state agency may
  290  proceed to acquire such lands by employing all available
  291  statutory authority for acquisition.
  292         (3)The board of trustees is authorized to adopt rules to
  293  implement this section, including rules governing the terms and
  294  conditions of land purchases. The rules shall address, with
  295  specificity, but need not be limited to:
  296         (a)The procedures to be followed in the acquisition
  297  process, including selection of appraisers, surveyors, title
  298  agents, and closing agents, and the content of appraisal
  299  reports.
  300         (b)The determination of the value of parcels which the
  301  state has an interest in acquiring.
  302         (c)Special requirements when multiple landowners are
  303  involved in an acquisition.
  304         (d)Requirements for obtaining written option agreements so
  305  that the interests of the state are fully protected.
  306         (4)An agreement to acquire real property for the purposes
  307  described in this chapter, chapter 259, chapter 260, or chapter
  308  375, title to which will vest in the board of trustees, may not
  309  bind the state before the agreement is reviewed and approved by
  310  the Department of Environmental Protection as complying with
  311  this section and any rules adopted pursuant to this section. If
  312  any of the following conditions exist, the agreement shall be
  313  submitted to and approved by the board of trustees:
  314         (a)The purchase price agreed to by the seller exceeds the
  315  value as established pursuant to the rules of the board of
  316  trustees;
  317         (b)The contract price agreed to by the seller and the
  318  acquiring agency exceeds $1 million;
  319         (c)The acquisition is the initial purchase in a Florida
  320  Forever project; or
  321         (d)Other conditions that the board of trustees may adopt
  322  by rule. Such conditions may include, but are not limited to,
  323  Florida Forever projects when title to the property being
  324  acquired is considered nonmarketable or is encumbered in such a
  325  way as to significantly affect its management.
  326  
  327  If approval of the board of trustees is required pursuant to
  328  this subsection, the acquiring agency must provide a
  329  justification as to why it is in the public’s interest to
  330  acquire the parcel or Florida Forever project. Approval of the
  331  board of trustees is also required for Florida Forever projects
  332  the department recommends acquiring pursuant to subsections (11)
  333  and (22). Review and approval of agreements for acquisitions for
  334  Florida Greenways and Trails Program properties pursuant to
  335  chapter 260 may be waived by the department in any contract with
  336  nonprofit corporations that have agreed to assist the department
  337  with this program. If the contribution of the acquiring agency
  338  exceeds $100 million in any one fiscal year, the agreement shall
  339  be submitted to and approved by the Legislative Budget
  340  Commission.
  341         (5)(3) Land acquisition procedures provided for in this
  342  section are for voluntary, negotiated acquisitions.
  343         (6)(4) For the purposes of this section, the term
  344  “negotiations” does not include preliminary contacts with the
  345  property owner to determine the availability of the property,
  346  existing appraisal data, existing abstracts, and surveys.
  347         (7)(5) Evidence of marketable title shall be provided by
  348  the landowner before prior to the conveyance of title, as
  349  provided in the final agreement for purchase. Such evidence of
  350  marketability shall be in the form of title insurance or an
  351  abstract of title with a title opinion. The board of trustees
  352  may waive the requirement that the landowner provide evidence of
  353  marketable title, and, in such case, the acquiring agency shall
  354  provide evidence of marketable title. The board of trustees or
  355  its designee may waive the requirement of evidence of
  356  marketability for acquisitions of property assessed by the
  357  county property appraiser at $10,000 or less, if where the
  358  Division of State Lands finds, based upon such review of the
  359  title records as is reasonable under the circumstances, that
  360  there is no apparent impediment to marketability, or to
  361  management of the property by the state.
  362         (8)(6)Before approval by the board of trustees, or, when
  363  applicable, the Department of Environmental Protection, of any
  364  agreement to purchase land pursuant to this chapter, chapter
  365  259, chapter 260, or chapter 375, and before Prior to
  366  negotiations with the parcel owner to purchase any other land
  367  pursuant to this section, title to which will vest in the board
  368  of trustees, an appraisal of the parcel shall be required as
  369  follows:
  370         (a)The board of trustees shall adopt by rule the method
  371  for determining the value of parcels sought to be acquired by
  372  state agencies pursuant to this section.
  373         (b)(a) Each parcel to be acquired shall have at least one
  374  appraisal. Two appraisals are required when the estimated value
  375  of the parcel exceeds $1 million. However, if both appraisals
  376  exceed $1 million and differ significantly, a third appraisal
  377  may be obtained. If When a parcel is estimated to be worth
  378  $100,000 or less and the director of the Division of State Lands
  379  finds that the cost of an outside appraisal is not justified, a
  380  comparable sales analysis, an appraisal prepared by the
  381  division, or other reasonably prudent procedures may be used by
  382  the division to estimate the value of the parcel, provided the
  383  public’s interest is reasonably protected. The state is not
  384  required to appraise the value of lands and appurtenances that
  385  are being donated to the state.
  386         (c)(b) Appraisal fees and associated costs shall be paid by
  387  the agency proposing the acquisition. The board of trustees
  388  shall approve qualified fee appraisal organizations. All
  389  appraisals used for the acquisition of lands pursuant to this
  390  section shall be prepared by a member of an approved appraisal
  391  organization or by a state-certified appraiser. The board of
  392  trustees shall adopt rules for selecting individuals to perform
  393  appraisals pursuant to this section. Each fee appraiser selected
  394  to appraise a particular parcel shall, before prior to
  395  contracting with the agency or a participant in a multiparty
  396  agreement, submit to the that agency an affidavit substantiating
  397  that he or she has no vested or fiduciary interest in such
  398  parcel.
  399         (d)The fee appraiser and the review appraiser for the
  400  agency may not act in any manner that may be construed as
  401  negotiating with the owner of a parcel proposed for acquisition.
  402         (e)(c) The board of trustees shall adopt by rule the
  403  minimum criteria, techniques, and methods to be used in the
  404  preparation of appraisal reports. Such rules shall incorporate,
  405  to the extent practicable, generally accepted appraisal
  406  standards. Any appraisal issued for acquisition of lands
  407  pursuant to this section must comply with the rules adopted by
  408  the board of trustees. A certified survey must be made which
  409  meets the minimum requirements for upland parcels established in
  410  the Minimum Technical Standards of Practice for Land Surveying
  411  in Florida published by the Department of Agriculture and
  412  Consumer Services Business and Professional Regulation and which
  413  accurately portrays, to the greatest extent practicable, the
  414  condition of the parcel as it currently exists. The requirement
  415  for a certified survey may, in part or in whole, be waived by
  416  the board of trustees any time before prior to submitting the
  417  agreement for purchase to the Division of State Lands. When an
  418  existing boundary map and description of a parcel are determined
  419  by the division to be sufficient for appraisal purposes, the
  420  division director may temporarily waive the requirement for a
  421  survey until any time before prior to conveyance of title to the
  422  parcel. The fee appraiser and the review appraiser for the
  423  agency shall not act in any way that may be construed as
  424  negotiating with the property owner.
  425         (f)(d) Appraisal reports are confidential and exempt from
  426  the provisions of s. 119.07(1), for use by the agency and the
  427  board of trustees, until an option contract is executed or, if
  428  no option contract is executed, until 2 weeks before a contract
  429  or agreement for purchase is considered for approval by the
  430  board of trustees. The Department of Environmental Protection
  431  may disclose appraisal reports to private landowners during
  432  negotiations for acquisitions using alternatives to fee simple
  433  techniques, if the department determines that disclosure of such
  434  reports will bring the proposed acquisition to closure. However,
  435  the private landowner must agree to maintain the confidentiality
  436  of the reports or information. However, The department Division
  437  of State Lands may also disclose appraisal information to public
  438  agencies or nonprofit organizations that agree to maintain the
  439  confidentiality of the reports or information when joint
  440  acquisition of property is contemplated, or when a public agency
  441  or nonprofit organization enters into a written agreement with
  442  the department division to purchase and hold property for
  443  subsequent resale to the board of trustees division. In
  444  addition, the department division may use, as its own,
  445  appraisals obtained by a public agency or nonprofit
  446  organization, if provided the appraiser is selected from the
  447  department’s division’s list of appraisers and the appraisal is
  448  reviewed and approved by the department division. For the
  449  purposes of this paragraph, the term “nonprofit organization”
  450  means an organization that whose purpose is the preservation of
  451  natural resources, and which is exempt from federal income tax
  452  under s. 501(c)(3) of the Internal Revenue Code and, for
  453  purposes of the acquisition of conservation lands, an
  454  organization whose purpose must include the preservation of
  455  natural resources. The agency may release an appraisal report
  456  when the passage of time has rendered the conclusions of value
  457  in the report invalid or when the acquiring agency has
  458  terminated negotiations.
  459         (g)(e)Before Prior to acceptance of an appraisal, the
  460  agency shall submit a copy of such report to the division of
  461  State Lands. The division shall review such report for
  462  compliance with the rules of the board of trustees. Any
  463  questions of applicability of laws affecting an appraisal shall
  464  be addressed by the legal office of the agency.
  465         (h)(f) The appraisal report shall be accompanied by the
  466  sales history of the parcel for at least the previous prior 5
  467  years. Such sales history shall include all parties and
  468  considerations with the amount of consideration verified, if
  469  possible. If a sales history would not be useful, or it is its
  470  cost prohibitive compared to the value of a parcel, the sales
  471  history may be waived by the board of trustees. The board of
  472  trustees shall adopt a rule specifying guidelines for waiver of
  473  a sales history.
  474         (i)(g) The board of trustees may consider an appraisal
  475  acquired by a seller, or any part thereof, in negotiating to
  476  purchase a parcel, but such appraisal may not be used in lieu of
  477  an appraisal required by this subsection or to determine the
  478  maximum offer allowed by law.
  479         (j)1.The board of trustees shall adopt by rule the method
  480  for determining the value of parcels sought to be acquired by
  481  state agencies pursuant to this section. An offer by a state
  482  agency may not exceed the value for that parcel as determined
  483  pursuant to the highest approved appraisal or the value
  484  determined pursuant to the rules of the board of trustees,
  485  whichever value is less.
  486         2.For a joint acquisition by a state agency and a local
  487  government or other entity apart from the state, the joint
  488  purchase price may not exceed 150 percent of the value for a
  489  parcel as determined in accordance with the limits in
  490  subparagraph 1. The state agency share of a joint purchase offer
  491  may not exceed what the agency may offer singly pursuant to
  492  subparagraph 1.
  493         3.This paragraph does not apply to the acquisition of
  494  historically unique or significant property as determined by the
  495  Division of Historical Resources of the Department of State.
  496  
  497  Notwithstanding this subsection, on behalf of the board of
  498  trustees and before the appraisal of parcels approved for
  499  purchase under this chapter or chapter 259, the Secretary of
  500  Environmental Protection or the director of the Division of
  501  State Lands may enter into option contracts to buy such parcels.
  502  Any such option contract shall state that the final purchase
  503  price is subject to approval by the board of trustees or, if
  504  applicable, the Secretary of Environmental Protection, and that
  505  the final purchase price may not exceed the maximum offer
  506  allowed by law. Any such option contract presented to the board
  507  of trustees for final purchase price approval shall explicitly
  508  state that payment of the final purchase price is subject to an
  509  appropriation from the Legislature. The consideration for such
  510  an option may not exceed $1,000 or 0.01 percent of the estimate
  511  by the department of the value of the parcel, whichever amount
  512  is greater.
  513         (9)(7)(a) When the owner is represented by an agent or
  514  broker, negotiations may not be initiated or continued until a
  515  written statement verifying such agent’s or broker’s legal or
  516  fiduciary relationship with the owner is on file with the
  517  agency.
  518         (b) The board of trustees or any state agency may contract
  519  for real estate acquisition services, including, but not limited
  520  to, contracts for real estate commission fees, surveying,
  521  mapping, environmental audits, title work, and legal and other
  522  professional assistance to review acquisition agreements and
  523  other documents and to perform acquisition closings. However,
  524  the Department of Environmental Protection may use outside
  525  counsel to review any agreements or documents or to perform
  526  acquisition closings unless department staff can conduct the
  527  same activity in 15 days or less.
  528         (c) Upon the initiation of negotiations, the state agency
  529  shall inform the owner in writing that all agreements for
  530  purchase are subject to approval by the board of trustees.
  531         (d) All offers or counteroffers shall be documented in
  532  writing and shall be confidential and exempt from the provisions
  533  of s. 119.07(1) until an option contract is executed, or if no
  534  option contract is executed, until 2 weeks before a contract or
  535  agreement for purchase is considered for approval by the board
  536  of trustees. The agency shall maintain complete and accurate
  537  records of all offers and counteroffers for all projects.
  538         (e)1.The board of trustees shall adopt by rule the method
  539  for determining the value of parcels sought to be acquired by
  540  state agencies pursuant to this section. No offer by a state
  541  agency, except an offer by an agency acquiring lands pursuant to
  542  s. 259.041, may exceed the value for that parcel as determined
  543  pursuant to the highest approved appraisal or the value
  544  determined pursuant to the rules of the board of trustees,
  545  whichever value is less.
  546         2.In the case of a joint acquisition by a state agency and
  547  a local government or other entity apart from the state, the
  548  joint purchase price may not exceed 150 percent of the value for
  549  a parcel as determined in accordance with the limits prescribed
  550  in subparagraph 1. The state agency share of a joint purchase
  551  offer may not exceed what the agency may offer singly as
  552  prescribed by subparagraph 1.
  553         3.The provisions of this paragraph do not apply to the
  554  acquisition of historically unique or significant property as
  555  determined by the Division of Historical Resources of the
  556  Department of State.
  557         (e)(f) When making an offer to a landowner, a state agency
  558  shall consider the desirability of a single cash payment in
  559  relation to the maximum offer allowed by law.
  560         (f)(g) The state shall have the authority to reimburse the
  561  owner for the cost of the survey when deemed appropriate. The
  562  reimbursement is shall not be considered a part of the purchase
  563  price.
  564         (g)(h) A final offer shall be in the form of an option
  565  contract or agreement for purchase and shall be signed and
  566  attested to by the owner and the representative of the agency.
  567  Before the agency executes the option contract or agreement for
  568  purchase, the contract or agreement shall be reviewed for form
  569  and legality by legal staff of the agency. Before the agency
  570  signs the agreement for purchase or exercises the option
  571  contract, the provisions of s. 286.23 shall be complied with.
  572  Within 10 days after the signing of the agreement for purchase,
  573  the state agency shall furnish the Department of Environmental
  574  Protection Division of State Lands with the original of the
  575  agreement for purchase along with copies of the disclosure
  576  notice, evidence of marketability, the accepted appraisal
  577  report, the fee appraiser’s affidavit, a statement that the
  578  inventory of existing state-owned lands was examined and
  579  contained no available suitable land in the area, and a
  580  statement outlining the public purpose for which the acquisition
  581  is being made and the statutory authority therefor.
  582         (h)(i) Within 45 days after of receipt by the Department of
  583  Environmental Protection Division of State Lands of the
  584  agreement for purchase and the required documentation, the board
  585  of trustees or, if when the purchase price does not exceed
  586  $100,000, its designee shall either reject or approve the
  587  agreement. An approved agreement for purchase is binding on both
  588  parties. Any agreement which has been disapproved shall be
  589  returned to the agency, along with a statement as to the
  590  deficiencies of the agreement or the supporting documentation.
  591  An agreement for purchase which has been disapproved by the
  592  board of trustees may be resubmitted when such deficiencies have
  593  been corrected.
  594         (10)(8)(a) A No dedication, gift, grant, or bequest of
  595  lands and appurtenances may not be accepted by the board of
  596  trustees until the receiving state agency supplies sufficient
  597  evidence of marketability of title. The board of trustees may
  598  not accept by dedication, gift, grant, or bequest any lands and
  599  appurtenances that are determined as being owned by the state
  600  either in fee or by virtue of the state’s sovereignty or which
  601  are so encumbered so as to preclude the use of such lands and
  602  appurtenances for any reasonable public purpose. The board of
  603  trustees may accept a dedication, gift, grant, or bequest of
  604  lands and appurtenances without formal evidence of
  605  marketability, or when the title is nonmarketable, if the board
  606  or its designee determines that such lands and appurtenances
  607  have value and are reasonably manageable by the state, and that
  608  their acceptance would serve the public interest. The state is
  609  not required to appraise the value of such donated lands and
  610  appurtenances as a condition of receipt.
  611         (b) A No deed filed in the public records to donate lands
  612  to the board of trustees does not of the Internal Improvement
  613  Trust Fund shall be construed to transfer title to or vest title
  614  in the board of trustees unless there shall also be filed in the
  615  public records, a document indicating that the board of trustees
  616  has agreed to accept the transfer of title to such donated lands
  617  is also filed in the public records.
  618         (c)Notwithstanding any other provision of law, the maximum
  619  value of a parcel to be purchased by the board of trustees as
  620  determined by the highest approved appraisal or as determined
  621  pursuant to the rules of the board of trustees may not be
  622  increased or decreased as a result of a change in zoning or
  623  permitted land uses, or changes in market forces or prices that
  624  occur within 1 year after the date the Department of
  625  Environmental Protection or the board of trustees approves a
  626  contract to purchase the parcel.
  627         (11)Notwithstanding this section, the board of trustees,
  628  by an affirmative vote of at least three members, voting at a
  629  regularly scheduled and advertised meeting, may direct the
  630  Department of Environmental Protection to exercise the power of
  631  eminent domain pursuant to chapters 73 and 74 to acquire any
  632  conservation parcel identified on the acquisition list
  633  established by the Acquisition and Restoration Council and
  634  approved by the board of trustees pursuant to chapter 259.
  635  However, the board of trustees may only make such a vote under
  636  the following circumstances:
  637         (a)The state has made at least two bona fide offers to
  638  purchase the land through negotiation and, notwithstanding those
  639  offers, an impasse between the state and the landowner was
  640  reached.
  641         (b)The land is of special importance to the state because
  642  of one or more of the following reasons:
  643         1.It involves an endangered or natural resource and is in
  644  imminent danger of development.
  645         2.It is of unique value to the state and the failure to
  646  acquire it will result in irreparable loss to the state.
  647         3.The failure of the state to acquire it will seriously
  648  impair the state’s ability to manage or protect other state
  649  owned lands.
  650  
  651  Pursuant to this subsection, the department may exercise
  652  condemnation authority directly or by contracting with the
  653  Department of Transportation or a water management district to
  654  provide that service. If the Department of Transportation or a
  655  water management district enters into such a contract with the
  656  department, the Department of Transportation or a water
  657  management district may use statutorily approved methods and
  658  procedures ordinarily used by the agency for condemnation
  659  purposes.
  660         (12)(9) Any conveyance to the board of trustees of fee
  661  title shall be made by no less than a special warranty deed,
  662  unless the conveyance is from the Federal Government, the county
  663  government, or another state agency or, in the event of a gift
  664  or donation by quitclaim deed, if the board of trustees, or its
  665  designee, determines that the acceptance of such quitclaim deed
  666  is in the best interest of the public. A quitclaim deed may also
  667  be accepted to aid in clearing title or boundary questions. The
  668  title to lands acquired pursuant to this section shall vest in
  669  the board of trustees as provided in s. 253.03(1). All such
  670  lands, title to which is vested in the board pursuant to this
  671  section, shall be administered pursuant to the provisions of s.
  672  253.03.
  673         (13)(10) The board of trustees may purchase tax
  674  certificates or tax deeds issued in accordance with chapter 197
  675  relating to property eligible for purchase under this section.
  676         (14)(11) The Auditor General shall conduct audits of
  677  acquisitions and divestitures which, according to his or her
  678  preliminary assessments of board-approved acquisitions and
  679  divestitures, he or she deems necessary. These preliminary
  680  assessments shall be initiated not later than 60 days after
  681  following the board of trustees’ final approval by the board of
  682  land acquisitions under this section. If an audit is conducted,
  683  the Auditor General shall submit an audit report to the board of
  684  trustees, the President of the Senate, the Speaker of the House
  685  of Representatives, and their designees.
  686         (15)(12) The board of trustees and all affected agencies
  687  shall adopt and may modify or repeal such rules and regulations
  688  as are necessary to carry out the purposes of this section,
  689  including rules governing the terms and conditions of land
  690  purchases. Such rules shall address the procedures to be
  691  followed, when multiple landowners are involved in an
  692  acquisition, in obtaining written option agreements so that the
  693  interests of the state are fully protected.
  694         (16)(13)(a) The board of trustees of the Internal
  695  Improvement Trust Fund may deed property to the Department of
  696  Agriculture and Consumer Services, so that the Department of
  697  Agriculture and Consumer Services is department shall be able to
  698  sell, convey, transfer, exchange, trade, or purchase land on
  699  which a forestry facility resides for money or other more
  700  suitable property on which to relocate the facility. Any sale or
  701  purchase of property by the Department of Agriculture and
  702  Consumer Services shall follow the requirements of subsections
  703  (7)-(10) and (12) (5)-(9). Any sale shall be at fair market
  704  value, and any trade shall ensure that the state is getting at
  705  least an equal value for the property. Except as provided in
  706  subsections (7)-(10) and (12) (5)-(9), the Department of
  707  Agriculture and Consumer Services is excluded from following the
  708  provisions of this chapter and chapters 259 and 375. This
  709  exclusion does shall not apply to lands acquired for
  710  conservation purposes in accordance with s. 253.0341(1) or (2)
  711  253.034(6)(a) or (b).
  712         (b) In the case of a sale by the Department of Agriculture
  713  and Consumer Services of a forestry facility, the proceeds of
  714  the sale shall be deposited go into the Department of
  715  Agriculture and Consumer Services Incidental Trust Fund. The
  716  Legislature may, at the request of the Department of Agriculture
  717  and Consumer Services department, appropriate such money within
  718  the trust fund to the Department of Agriculture and Consumer
  719  Services department for purchase of land and construction of a
  720  facility to replace the disposed facility. All proceeds other
  721  than land from any sale, conveyance, exchange, trade, or
  722  transfer conducted pursuant to as provided for in this
  723  subsection shall be deposited into placed within the Department
  724  of Agriculture and Consumer Services department’s Incidental
  725  Trust Fund.
  726         (c) Additional funds may be added from time to time by the
  727  Legislature to further the relocation and construction of
  728  forestry facilities. If In the instance where an equal trade of
  729  land occurs, money from the trust fund may be appropriated for
  730  building construction even though no money was received from the
  731  trade.
  732         (17)(14) Any agency that acquires land on behalf of the
  733  board of trustees is authorized to request disbursement of
  734  payments for real estate closings in accordance with a written
  735  authorization from an ultimate beneficiary to allow a third
  736  party authorized by law to receive such payment provided the
  737  Chief Financial Officer determines that such disbursement is
  738  consistent with good business practices and can be completed in
  739  a manner minimizing costs and risks to the state.
  740         (18)(15) Pursuant to s. 944.10, the Department of
  741  Corrections is responsible for obtaining appraisals and entering
  742  into option agreements and agreements for the purchase of state
  743  correctional facility sites. An option agreement or agreement
  744  for purchase is not binding upon the state until it is approved
  745  by the board of trustees of the Internal Improvement Trust Fund.
  746  The provisions of paragraphs (8)(c), (e), and (f) and (9)(b),
  747  (c), and (d) (6)(b), (c), and (d) and (7)(b), (c), and (d) apply
  748  to all appraisals, offers, and counteroffers of the Department
  749  of Corrections for state correctional facility sites.
  750         (19)(16) Many parcels of land acquired pursuant to this
  751  section may contain cattle-dipping vats as defined in s.
  752  376.301. The state is encouraged to continue with the
  753  acquisition of such lands, including any the cattle-dipping vats
  754  vat.
  755         (20)(17) Pursuant to s. 985.682, the Department of Juvenile
  756  Justice is responsible for obtaining appraisals and entering
  757  into option agreements and agreements for the purchase of state
  758  juvenile justice facility sites. An option agreement or
  759  agreement for purchase is not binding upon the state until it is
  760  approved by the board of trustees of the Internal Improvement
  761  Trust Fund. The provisions of paragraphs (8)(c), (e), and (f)
  762  and (9)(b), (c), and (d) (6)(b), (c), and (d) and (7)(b), (c),
  763  and (d) apply to all appraisals, offers, and counteroffers of
  764  the Department of Juvenile Justice for state juvenile justice
  765  facility sites.
  766         (21)(18) The board of trustees may acquire, pursuant to s.
  767  288.980(2)(b), nonconservation lands from the annual list
  768  submitted by the Department of Economic Opportunity for the
  769  purpose of buffering a military installation against
  770  encroachment.
  771         (22)The board of trustees, by an affirmative vote of at
  772  least three members, may direct the department to purchase lands
  773  on an immediate basis using up to 15 percent of the funds
  774  allocated to the department pursuant to s. 259.105 for the
  775  acquisition of lands that:
  776         (a)Are listed or placed at auction by the Federal
  777  Government as part of the Resolution Trust Corporation sale of
  778  lands from failed savings and loan associations;
  779         (b)Are listed or placed at auction by the Federal
  780  Government as part of the Federal Deposit Insurance Corporation
  781  sale of lands from failed banks; or
  782         (c)Will be developed or otherwise lost to potential public
  783  ownership, or for which federal matching funds will be lost, by
  784  the time the land can be purchased under the program within
  785  which the land is listed for acquisition.
  786  
  787  For such acquisitions, the board of trustees may waive or modify
  788  all procedures required for land acquisition pursuant to this
  789  chapter and all competitive bid procedures required pursuant to
  790  chapters 255 and 287. Lands acquired pursuant to this subsection
  791  must, at the time of purchase, be on one of the acquisition
  792  lists established pursuant to chapter 259, or be essential for
  793  water resource development, protection, or restoration, or a
  794  significant portion of the lands must contain natural
  795  communities or plant or animal species that are listed by the
  796  Florida Natural Areas Inventory as critically imperiled,
  797  imperiled, or rare, or as excellent quality occurrences of
  798  natural communities.
  799         (23)Title to lands to be held jointly by the board of
  800  trustees and a water management district and acquired pursuant
  801  to s. 373.139 may be deemed to meet the standards necessary for
  802  ownership by the board of trustees, notwithstanding this section
  803  or related rules.
  804         Section 2. Section 253.0251, Florida Statutes, is created
  805  to read:
  806         253.0251Alternatives to fee simple acquisition.—
  807         (1)The Legislature finds that:
  808         (a)With the increasing pressures on the natural areas of
  809  this state and on open space suitable for recreational use, the
  810  state must develop creative techniques to maximize the use of
  811  acquisition and management funds.
  812         (b)The state’s conservation and recreational land
  813  acquisition agencies should be encouraged to augment their
  814  traditional, fee simple acquisition programs with the use of
  815  alternatives to fee simple acquisition techniques. In addition,
  816  the Legislature finds that generations of private landowners
  817  have been good stewards of their land, protecting or restoring
  818  native habitats and ecosystems to the benefit of the natural
  819  resources of this state, its heritage, and its citizens. The
  820  Legislature also finds that using alternatives to fee simple
  821  acquisition by public land acquisition agencies will achieve the
  822  following public policy goals:
  823         1.Allow more lands to be brought under public protection
  824  for preservation, conservation, and recreational purposes with
  825  less expenditure of public funds.
  826         2.Retain, on local government tax rolls, some portion of
  827  or interest in lands which are under public protection.
  828         3.Reduce long-term management costs by allowing private
  829  property owners to continue acting as stewards of their land,
  830  when appropriate.
  831  
  832  Therefore, it is the intent of the Legislature that public land
  833  acquisition agencies develop programs to pursue alternatives to
  834  fee simple acquisition and to educate private landowners about
  835  such alternatives and the benefits of such alternatives. It is
  836  also the intent of the Legislature that a portion of the shares
  837  of Florida Forever bond proceeds be used to purchase eligible
  838  properties using alternatives to fee simple acquisition.
  839         (2)All applications for alternatives to fee simple
  840  acquisition projects shall identify, within their acquisition
  841  plans, projects that require a full fee simple interest to
  842  achieve the public policy goals, together with the reasons full
  843  title is determined to be necessary. The state agencies and the
  844  water management districts may use alternatives to fee simple
  845  acquisition to bring the remaining projects in their acquisition
  846  plans under public protection. For purposes of this section, the
  847  phrase “alternatives to fee simple acquisition” includes, but is
  848  not limited to, purchase of development rights; obtaining
  849  conservation easements; obtaining flowage easements; purchase of
  850  timber rights, mineral rights, or hunting rights; purchase of
  851  agricultural interests or silvicultural interests; fee simple
  852  acquisitions with reservations; creating life estates; or any
  853  other acquisition technique that achieves the public policy
  854  goals listed in subsection (1). It is presumed that a private
  855  landowner retains the full range of uses for all the rights or
  856  interests in the landowner’s land which are not specifically
  857  acquired by the public agency. The lands upon which hunting
  858  rights are specifically acquired pursuant to this section shall
  859  be available for hunting in accordance with the management plan
  860  or hunting regulations adopted by the Fish and Wildlife
  861  Conservation Commission, unless the hunting rights are purchased
  862  specifically to protect activities on adjacent lands.
  863         (3)When developing the acquisition plan pursuant to s.
  864  259.105, the Acquisition and Restoration Council may give
  865  preference to those less than fee simple acquisitions that
  866  provide any public access. However, the Legislature recognizes
  867  that public access is not always appropriate for certain less
  868  than fee simple acquisitions. Therefore, any proposed less than
  869  fee simple acquisition may not be rejected simply because public
  870  access would be limited.
  871         (4)The Department of Environmental Protection, the
  872  Department of Agriculture and Consumer Services, and each water
  873  management district shall implement initiatives for using
  874  alternatives to fee simple acquisition and to educate private
  875  landowners about such alternatives. The Department of
  876  Environmental Protection, the Department of Agriculture and
  877  Consumer Services, and the water management districts may enter
  878  into joint acquisition agreements to jointly fund the purchase
  879  of lands using alternatives to fee simple techniques.
  880         (5)The Legislature finds that the lack of direct sales
  881  comparison information has served as an impediment to successful
  882  implementation of alternatives to fee simple acquisition. It is
  883  the intent of the Legislature that, in the absence of direct
  884  comparable sales information, appraisals of alternatives to fee
  885  simple acquisitions be based on the difference between the full
  886  fee simple valuation and the value of the interests remaining
  887  with the seller after acquisition.
  888         (6)The public agency that has been assigned management
  889  responsibility shall inspect and monitor any less than fee
  890  simple interest according to the terms of the purchase agreement
  891  relating to such interest.
  892         (7)For less than fee simple acquisitions pursuant to s.
  893  570.71, the Department of Agriculture and Consumer Services
  894  shall comply with the acquisition procedures set forth in s.
  895  570.715.
  896         Section 3. Subsection (2), paragraph (c) of subsection (7),
  897  and subsections (11) and (15) of section 253.03, Florida
  898  Statutes, are amended to read:
  899         253.03 Board of trustees to administer state lands; lands
  900  enumerated.—
  901         (2) It is the intent of the Legislature that the board of
  902  trustees of the Internal Improvement Trust Fund continue to
  903  receive proceeds from the sale or disposition of the products of
  904  lands and the sale of lands of which the use and possession are
  905  not subsequently transferred by appropriate lease or similar
  906  instrument from the board of trustees to the proper using
  907  agency. Such using agency shall be entitled to the proceeds from
  908  the sale of products on, under, growing out of, or connected
  909  with lands which such using agency holds under lease or similar
  910  instrument from the board of trustees. The board of trustees of
  911  the Internal Improvement Trust Fund is directed and authorized
  912  to enter into leases or similar instruments for the use,
  913  benefit, and possession of public lands by agencies which may
  914  properly use and possess them for the benefit of the state. The
  915  board of trustees shall adopt by rule an annual administrative
  916  fee for all existing and future leases or similar instruments,
  917  to be charged agencies that are leasing land from it. This
  918  annual administrative fee assessed for all leases or similar
  919  instruments is to compensate the board for costs incurred in the
  920  administration and management of such leases or similar
  921  instruments.
  922         (7)
  923         (c) Structures which are listed in or are eligible for the
  924  National Register of Historic Places or the State Inventory of
  925  Historic Places which are over the waters of the state of
  926  Florida and which have a submerged land lease, or have been
  927  grandfathered-in to use sovereignty submerged lands until
  928  January 1, 1998, pursuant to former rule 18-21.00405, Florida
  929  Administrative Code, as it existed in rule on March 15, 1990,
  930  shall have the right to continue such submerged land leases,
  931  regardless of the fact that the present landholder is not an
  932  adjacent riparian landowner, so long as the lessee maintains the
  933  structure in a good state of repair consistent with the
  934  guidelines for listing. If the structure is damaged or
  935  destroyed, the lessee may shall be allowed to reconstruct, so
  936  long as the reconstruction is consistent with the integrity of
  937  the listed structure and does not increase the footprint of the
  938  structure. If a listed structure so listed falls into disrepair
  939  and the lessee is not willing to repair and maintain it
  940  consistent with its listing, the state may cancel the submerged
  941  lease and either repair and maintain the property or require
  942  that the structure be removed from sovereignty submerged lands.
  943         (11) The board of trustees of the Internal Improvement
  944  Trust Fund may adopt rules to provide for the assessment and
  945  collection of reasonable fees, commensurate with the actual cost
  946  to the board, for disclaimers, easements, exchanges, gifts,
  947  leases, releases, or sales of any interest in lands or any
  948  applications therefor and for reproduction of documents. All
  949  revenues received from the application fees charged by a water
  950  management district to process applications that include a
  951  request to use state lands are to be retained by the water
  952  management district. The board of trustees shall adopt by rule
  953  an annual administrative fee for all existing and future leases
  954  or similar instruments to be charged to agencies that are
  955  leasing land from the board of trustees. This annual
  956  administrative fee assessed for all leases or similar
  957  instruments is to compensate the board of trustees for costs
  958  incurred in the administration and management of such leases or
  959  similar instruments.
  960         (15) The board of trustees of the Internal Improvement
  961  Trust Fund shall encourage the use of sovereign submerged lands
  962  for public access and water-dependent uses which may include
  963  related minimal secondary nonwater-dependent uses and public
  964  access.
  965         Section 4. Present subsections (8) and (9) of section
  966  253.031, Florida Statutes, are renumbered as subsections (7) and
  967  (8), respectively, and present subsections (2) and (7) of that
  968  section are amended, to read:
  969         253.031 Land office; custody of documents concerning land;
  970  moneys; plats.—
  971         (2) The board of trustees of the Internal Improvement Trust
  972  Fund shall have custody of, and the department shall maintain,
  973  all the records, surveys, plats, maps, field notes, and patents
  974  and all other evidence touching the title and description of the
  975  public domain.
  976         (7)The board shall receive all of the tract books, plats,
  977  and such records and papers heretofore kept in the United States
  978  Land Office at Gainesville, Alachua County, as may be
  979  surrendered by the Secretary of the Interior; and the board
  980  shall carefully and safely keep and preserve all of said tract
  981  books, plats, records, and papers as part of the public records
  982  of its office, and at any time allow any duly accredited
  983  authority of the United States, full and free access to any and
  984  all of such tract books, plats, records, and papers, and shall
  985  furnish any duly accredited authority of the United States with
  986  copies of any such records without charge.
  987         Section 5. Section 253.034, Florida Statutes, is amended to
  988  read:
  989         253.034 State-owned lands; uses.—
  990         (1) All lands acquired pursuant to chapter 259 shall be
  991  managed to serve the public interest by protecting and
  992  conserving land, air, water, and the state’s natural resources,
  993  which contribute to the public health, welfare, and economy of
  994  the state. These lands shall be managed to provide for areas of
  995  natural resource based recreation, and to ensure the survival of
  996  plant and animal species and the conservation of finite and
  997  renewable natural resources. The state’s lands and natural
  998  resources shall be managed using a stewardship ethic that
  999  assures these resources will be available for the benefit and
 1000  enjoyment of all people of the state, both present and future.
 1001  It is the intent of the Legislature that, where feasible and
 1002  consistent with the goals of protection and conservation of
 1003  natural resources associated with lands held in the public trust
 1004  by the Board of Trustees of the Internal Improvement Trust Fund,
 1005  public land not designated for single-use purposes pursuant to
 1006  paragraph (2)(b) be managed for multiple-use purposes. All
 1007  multiple-use land management strategies shall address public
 1008  access and enjoyment, resource conservation and protection,
 1009  ecosystem maintenance and protection, and protection of
 1010  threatened and endangered species, and the degree to which
 1011  public-private partnerships or endowments may allow the entity
 1012  with management responsibility to enhance its ability to manage
 1013  these lands. The Acquisition and Restoration Council created in
 1014  s. 259.035 shall recommend rules to the board of trustees, and
 1015  the board of trustees shall adopt rules necessary to carry out
 1016  the purposes of this section.
 1017         (2) As used in this section, the term following phrases
 1018  have the following meanings:
 1019         (a) “Multiple use” means the harmonious and coordinated
 1020  management of timber, recreation, conservation of fish and
 1021  wildlife, forage, archaeological and historic sites, habitat and
 1022  other biological resources, or water resources so that they are
 1023  used utilized in the combination that will best serve the people
 1024  of the state, making the most judicious use of the land for some
 1025  or all of these resources and giving consideration to the
 1026  relative values of the various resources. Where necessary and
 1027  appropriate for all state-owned lands that are larger than 1,000
 1028  acres in project size and are managed for multiple uses, buffers
 1029  may be formed around any areas that require special protection
 1030  or have special management needs. Such buffers may shall not
 1031  exceed more than one-half of the total acreage. Multiple uses
 1032  within a buffer area may be restricted to provide the necessary
 1033  buffering effect desired. Multiple use in this context includes
 1034  both uses of land or resources by more than one management
 1035  entity, which may include private sector land managers. In any
 1036  case, lands identified as multiple-use lands in the land
 1037  management plan shall be managed to enhance and conserve the
 1038  lands and resources for the enjoyment of the people of the
 1039  state.
 1040         (b) “Single use” means management for one particular
 1041  purpose to the exclusion of all other purposes, except that the
 1042  using entity shall have the option of including in its
 1043  management program compatible secondary purposes which will not
 1044  detract from or interfere with the primary management purpose.
 1045  Such single uses may include, but are not necessarily restricted
 1046  to, the use of agricultural lands for production of food and
 1047  livestock, the use of improved sites and grounds for
 1048  institutional purposes, and the use of lands for parks,
 1049  preserves, wildlife management, archaeological or historic
 1050  sites, or wilderness areas where the maintenance of essentially
 1051  natural conditions is important. All submerged lands shall be
 1052  considered single-use lands and shall be managed primarily for
 1053  the maintenance of essentially natural conditions, the
 1054  propagation of fish and wildlife, and public recreation,
 1055  including hunting and fishing where deemed appropriate by the
 1056  managing entity.
 1057         (c) “Conservation lands” means lands that are currently
 1058  managed for conservation, outdoor resource-based recreation, or
 1059  archaeological or historic preservation, except those lands that
 1060  were acquired solely to facilitate the acquisition of other
 1061  conservation lands. Lands acquired for uses other than
 1062  conservation, outdoor resource-based recreation, or
 1063  archaeological or historic preservation may shall not be
 1064  designated conservation lands except as otherwise authorized
 1065  under this section. These lands shall include, but not be
 1066  limited to, the following: correction and detention facilities,
 1067  military installations and facilities, state office buildings,
 1068  maintenance yards, state university or Florida College System
 1069  institution campuses, agricultural field stations or offices,
 1070  tower sites, law enforcement and license facilities,
 1071  laboratories, hospitals, clinics, and other sites that do not
 1072  possess no significant natural or historical resources. However,
 1073  lands acquired solely to facilitate the acquisition of other
 1074  conservation lands, and for which the land management plan has
 1075  not yet been completed or updated, may be evaluated by the Board
 1076  of Trustees of the Internal Improvement Trust Fund on a case-by
 1077  case basis to determine if they will be designated conservation
 1078  lands.
 1079         (d) “Public access,” as used in this chapter and chapter
 1080  259, means access by the general public to state lands and
 1081  water, including vessel access made possible by boat ramps,
 1082  docks, and associated support facilities, where compatible with
 1083  conservation and recreation objectives.
 1084  
 1085  Lands acquired by the state as a gift, through donation, or by
 1086  any other conveyance for which no consideration was paid, and
 1087  which are not managed for conservation, outdoor resource-based
 1088  recreation, or archaeological or historic preservation under a
 1089  land management plan approved by the board of trustees are not
 1090  conservation lands.
 1091         (3) Recognizing that recreational trails purchased with
 1092  rails-to-trails funds pursuant to former s. 259.101(3)(g),
 1093  Florida Statutes 2014, or s. 259.105(3)(h) have had historic
 1094  transportation uses and that their linear character may extend
 1095  many miles, the Legislature intends that if the necessity arises
 1096  to serve public needs, after balancing the need to protect trail
 1097  users from collisions with automobiles and a preference for the
 1098  use of overpasses and underpasses to the greatest extent
 1099  feasible and practical, transportation uses shall be allowed to
 1100  cross recreational trails purchased pursuant to former s.
 1101  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h). When
 1102  these crossings are needed, the location and design should
 1103  consider and mitigate the impact on humans and environmental
 1104  resources, and the value of the land shall be paid based on fair
 1105  market value.
 1106         (4) A No management agreement, lease, or other instrument
 1107  authorizing the use of lands owned by the board of trustees may
 1108  not of the Internal Improvement Trust Fund shall be executed for
 1109  a period greater than is necessary to provide for the reasonable
 1110  use of the land for the existing or planned life cycle or
 1111  amortization of the improvements, except that an easement in
 1112  perpetuity may be granted by the board of trustees of the
 1113  Internal Improvement Trust Fund if the improvement is a
 1114  transportation facility. If an entity managing or leasing state
 1115  owned lands from the board of trustees does not meet the short
 1116  term goals under paragraph (5)(b) for conservation lands, the
 1117  Department of Environmental Protection may submit the lands to
 1118  the Acquisition and Restoration Council to review whether the
 1119  short-term goals should be modified, consider whether the lands
 1120  should be offered to another entity for management or leasing,
 1121  or recommend to the board of trustees whether to surplus the
 1122  lands. If an entity managing or leasing state-owned lands from
 1123  the board of trustees does not meet the short-term goals under
 1124  paragraph (5)(i) for nonconservation lands, the department may
 1125  submit the lands to the board of trustees to consider whether to
 1126  require the managing or leasing entity to release its interest
 1127  in the lands and to consider whether to surplus the lands. If
 1128  the state-owned lands are determined to be surplus, the board of
 1129  trustees may require an entity to release its interest in the
 1130  lands. An entity managing or leasing state-owned lands from the
 1131  board of trustees may not sublease such lands without prior
 1132  review by the Division of State Lands and, for conservation
 1133  lands, by the Acquisition and Restoration Council created in s.
 1134  259.035. All management agreements, leases, or other instruments
 1135  authorizing the use of lands owned by the board of trustees
 1136  shall be reviewed for approval by the board of trustees or its
 1137  designee. The council is not required to review subleases of
 1138  parcels which are less than 160 acres in size.
 1139         (5) Each manager of conservation lands shall submit to the
 1140  Division of State Lands a land management plan at least every 10
 1141  years in a form and manner adopted prescribed by rule of by the
 1142  board of trustees and in accordance with the provisions of s.
 1143  259.032. Each manager of conservation lands shall also update a
 1144  land management plan whenever the manager proposes to add new
 1145  facilities or make substantive land use or management changes
 1146  that were not addressed in the approved plan, or within 1 year
 1147  after of the addition of significant new lands. Each manager of
 1148  nonconservation lands shall submit to the Division of State
 1149  Lands a land use plan at least every 10 years in a form and
 1150  manner adopted prescribed by rule of by the board of trustees.
 1151  The division shall review each plan for compliance with the
 1152  requirements of this subsection and the requirements of the
 1153  rules adopted established by the board of trustees pursuant to
 1154  this section. All nonconservation land use plans, whether for
 1155  single-use or multiple-use properties, shall be managed to
 1156  provide the greatest benefit to the state include an analysis of
 1157  the property to determine if any significant natural or cultural
 1158  resources are located on the property. Such resources include
 1159  archaeological and historic sites, state and federally listed
 1160  plant and animal species, and imperiled natural communities and
 1161  unique natural features. If such resources occur on the
 1162  property, the manager shall consult with the Division of State
 1163  Lands and other appropriate agencies to develop management
 1164  strategies to protect such resources. Land use plans shall also
 1165  provide for the control of invasive nonnative plants and
 1166  conservation of soil and water resources, including a
 1167  description of how the manager plans to control and prevent soil
 1168  erosion and soil or water contamination. Land use plans
 1169  submitted by a manager shall include reference to appropriate
 1170  statutory authority for such use or uses and shall conform to
 1171  the appropriate policies and guidelines of the state land
 1172  management plan. Plans for managed areas larger than 1,000 acres
 1173  shall contain an analysis of the multiple-use potential of the
 1174  property, which includes analysis shall include the potential of
 1175  the property to generate revenues to enhance the management of
 1176  the property. In addition Additionally, the plan shall contain
 1177  an analysis of the potential use of private land managers to
 1178  facilitate the restoration or management of these lands. If In
 1179  those cases where a newly acquired property has a valid
 1180  conservation plan that was developed by a soil and conservation
 1181  district, such plan shall be used to guide management of the
 1182  property until a formal land use plan is completed.
 1183         (a) State conservation lands shall be managed to ensure the
 1184  conservation of the state’s plant and animal species and to
 1185  ensure the accessibility of state lands for the benefit and
 1186  enjoyment of all people of the state, both present and future.
 1187  Each land management plan for state conservation lands shall
 1188  provide a desired outcome, describe both short-term and long
 1189  term management goals, and include measurable objectives to
 1190  achieve those goals. Short-term goals shall be achievable within
 1191  a 2-year planning period, and long-term goals shall be
 1192  achievable within a 10-year planning period. These short-term
 1193  and long-term management goals shall be the basis for all
 1194  subsequent land management activities.
 1195         (b) Short-term and long-term management goals for state
 1196  conservation lands shall include measurable objectives for the
 1197  following, as appropriate:
 1198         1. Habitat restoration and improvement.
 1199         2. Public access and recreational opportunities.
 1200         3. Hydrological preservation and restoration.
 1201         4. Sustainable forest management.
 1202         5. Exotic and invasive species maintenance and control.
 1203         6. Capital facilities and infrastructure.
 1204         7. Cultural and historical resources.
 1205         8. Imperiled species habitat maintenance, enhancement,
 1206  restoration, or population restoration.
 1207         (c) The land management plan shall, at a minimum, contain
 1208  the following elements:
 1209         1. A physical description of the land.
 1210         2. A quantitative data description of the land which
 1211  includes an inventory of forest and other natural resources;
 1212  exotic and invasive plants; hydrological features;
 1213  infrastructure, including recreational facilities; and other
 1214  significant land, cultural, or historical features. The
 1215  inventory shall reflect the number of acres for each resource
 1216  and feature, when appropriate. The inventory shall be of such
 1217  detail that objective measures and benchmarks can be established
 1218  for each tract of land and monitored during the lifetime of the
 1219  plan. All quantitative data collected shall be aggregated,
 1220  standardized, collected, and presented in an electronic format
 1221  to allow for uniform management reporting and analysis. The
 1222  information collected by the Department of Environmental
 1223  Protection pursuant to s. 253.0325(2) shall be available to the
 1224  land manager and his or her assignee.
 1225         3. A detailed description of each short-term and long-term
 1226  land management goal, the associated measurable objectives, and
 1227  the related activities that are to be performed to meet the land
 1228  management objectives. Each land management objective must be
 1229  addressed by the land management plan, and if where practicable,
 1230  a no land management objective may not shall be performed to the
 1231  detriment of the other land management objectives.
 1232         4. A schedule of land management activities which contains
 1233  short-term and long-term land management goals and the related
 1234  measurable objective and activities. The schedule shall include
 1235  for each activity a timeline for completion, quantitative
 1236  measures, and detailed expense and manpower budgets. The
 1237  schedule shall provide a management tool that facilitates
 1238  development of performance measures.
 1239         5. A summary budget for the scheduled land management
 1240  activities of the land management plan. For state lands
 1241  containing or anticipated to contain imperiled species habitat,
 1242  the summary budget shall include any fees anticipated from
 1243  public or private entities for projects to offset adverse
 1244  impacts to imperiled species or such habitat, which fees shall
 1245  be used solely to restore, manage, enhance, repopulate, or
 1246  acquire imperiled species habitat. The summary budget shall be
 1247  prepared in such manner that it facilitates computing an
 1248  aggregate of land management costs for all state-managed lands
 1249  using the categories described in s. 259.037(3).
 1250         (d) Upon completion, the land management plan must will be
 1251  transmitted to the Acquisition and Restoration Council for
 1252  review. The Acquisition and Restoration council shall have 90
 1253  days after receipt of the plan to review the plan and submit its
 1254  recommendations to the board of trustees. During the review
 1255  period, the land management plan may be revised if agreed to by
 1256  the primary land manager and the Acquisition and Restoration
 1257  council taking into consideration public input. If the
 1258  Acquisition and Restoration Council fails to make a
 1259  recommendation for a land management plan, the secretary of the
 1260  Department of Environmental Protection, Commissioner of
 1261  Agriculture, or Executive Director of the Fish and Wildlife
 1262  Conservation Commission or their designees shall submit the land
 1263  management plan to the board of trustees. The land management
 1264  plan becomes effective upon approval by the board of trustees.
 1265         (e) Land management plans are to be updated every 10 years
 1266  on a rotating basis. Each updated land management plan must
 1267  identify any conservation lands under the plan, in part or in
 1268  whole, that are no longer needed for conservation purposes and
 1269  could be disposed of in fee simple or with the state retaining a
 1270  permanent conservation easement.
 1271         (f) In developing land management plans, at least one
 1272  public hearing shall be held in any one affected county.
 1273         (g) The Division of State Lands shall make available to the
 1274  public an electronic copy of each land management plan for
 1275  parcels that exceed 160 acres in size. The division of State
 1276  Lands shall review each plan for compliance with the
 1277  requirements of this subsection, the requirements of chapter
 1278  259, and the requirements of the rules adopted established by
 1279  the board of trustees pursuant to this section. The Acquisition
 1280  and Restoration Council shall also consider the propriety of the
 1281  recommendations of the managing entity with regard to the future
 1282  use of the property, the protection of fragile or nonrenewable
 1283  resources, the potential for alternative or multiple uses not
 1284  recognized by the managing entity, and the possibility of
 1285  disposal of the property by the board of trustees. After its
 1286  review, the council shall submit the plan, along with its
 1287  recommendations and comments, to the board of trustees. The
 1288  council shall specifically recommend to the board of trustees
 1289  whether to approve the plan as submitted, approve the plan with
 1290  modifications, or reject the plan. If the Acquisition and
 1291  Restoration council fails to make a recommendation for a land
 1292  management plan, the Secretary of the Department of
 1293  Environmental Protection, Commissioner of Agriculture, or
 1294  executive director of the Fish and Wildlife Conservation
 1295  Commission or their designees shall submit the land management
 1296  plan to the board of trustees.
 1297         (h) The board of trustees of the Internal Improvement Trust
 1298  Fund shall consider the land management plan submitted by each
 1299  entity and the recommendations of the Acquisition and
 1300  Restoration Council and the Division of State Lands and shall
 1301  approve the plan with or without modification or reject such
 1302  plan. The use or possession of any such lands that is not in
 1303  accordance with an approved land management plan is subject to
 1304  termination by the board of trustees.
 1305         (i)1.State nonconservation lands shall be managed to
 1306  provide the greatest benefit to the state. State nonconservation
 1307  lands may be grouped by similar land use types under one land
 1308  use plan. Each land use plan shall, at a minimum, contain the
 1309  following elements:
 1310         a.A physical description of the land to include any
 1311  significant natural or cultural resources as well as management
 1312  strategies developed by the land manager to protect such
 1313  resources.
 1314         b.A desired development outcome.
 1315         c.A schedule for achieving the desired development
 1316  outcome.
 1317         d.A description of both short-term and long-term
 1318  development goals.
 1319         e.A management and control plan for invasive nonnative
 1320  plants.
 1321         f.A management and control plan for soil erosion and soil
 1322  and water contamination.
 1323         g.Measureable objectives to achieve the goals identified
 1324  in the land use plan.
 1325         2.Short-term goals shall be achievable within a 5-year
 1326  planning period and long-term goals shall be achievable within a
 1327  10-year planning period.
 1328         3.The use or possession of any such lands that is not in
 1329  accordance with an approved land use plan is subject to
 1330  termination by the board of trustees.
 1331         4.Land use plans submitted by a manager shall include
 1332  reference to appropriate statutory authority for such use or
 1333  uses and shall conform to the appropriate policies and
 1334  guidelines of the state land management plan.
 1335         (6)The Board of Trustees of the Internal Improvement Trust
 1336  Fund shall determine which lands, the title to which is vested
 1337  in the board, may be surplused. For conservation lands, the
 1338  board shall determine whether the lands are no longer needed for
 1339  conservation purposes and may dispose of them by an affirmative
 1340  vote of at least three members. In the case of a land exchange
 1341  involving the disposition of conservation lands, the board must
 1342  determine by an affirmative vote of at least three members that
 1343  the exchange will result in a net positive conservation benefit.
 1344  For all other lands, the board shall determine whether the lands
 1345  are no longer needed and may dispose of them by an affirmative
 1346  vote of at least three members.
 1347         (a)For the purposes of this subsection, all lands acquired
 1348  by the state before July 1, 1999, using proceeds from
 1349  Preservation 2000 bonds, the former Conservation and Recreation
 1350  Lands Trust Fund, the former Water Management Lands Trust Fund,
 1351  Environmentally Endangered Lands Program, and the Save Our Coast
 1352  Program and titled to the board which are identified as core
 1353  parcels or within original project boundaries are deemed to have
 1354  been acquired for conservation purposes.
 1355         (b)For any lands purchased by the state on or after July
 1356  1, 1999, before acquisition, the board must determine which
 1357  parcels must be designated as having been acquired for
 1358  conservation purposes. Lands acquired for use by the Department
 1359  of Corrections, the Department of Management Services for use as
 1360  state offices, the Department of Transportation, except those
 1361  specifically managed for conservation or recreation purposes, or
 1362  the State University System or the Florida College System may
 1363  not be designated as having been purchased for conservation
 1364  purposes.
 1365         (c)At least every 10 years, as a component of each land
 1366  management plan or land use plan and in a form and manner
 1367  prescribed by rule by the board, each manager shall evaluate and
 1368  indicate to the board those lands that are not being used for
 1369  the purpose for which they were originally leased. For
 1370  conservation lands, the council shall review and recommend to
 1371  the board whether such lands should be retained in public
 1372  ownership or disposed of by the board. For nonconservation
 1373  lands, the division shall review such lands and recommend to the
 1374  board whether such lands should be retained in public ownership
 1375  or disposed of by the board.
 1376         (d)Lands owned by the board which are not actively managed
 1377  by any state agency or for which a land management plan has not
 1378  been completed pursuant to subsection (5) must be reviewed by
 1379  the council or its successor for its recommendation as to
 1380  whether such lands should be disposed of by the board.
 1381         (e)Before any decision by the board to surplus lands, the
 1382  Acquisition and Restoration Council shall review and make
 1383  recommendations to the board concerning the request for
 1384  surplusing. The council shall determine whether the request for
 1385  surplusing is compatible with the resource values of and
 1386  management objectives for such lands.
 1387         (f)In reviewing lands owned by the board, the council
 1388  shall consider whether such lands would be more appropriately
 1389  owned or managed by the county or other unit of local government
 1390  in which the land is located. The council shall recommend to the
 1391  board whether a sale, lease, or other conveyance to a local
 1392  government would be in the best interests of the state and local
 1393  government. The provisions of this paragraph in no way limit the
 1394  provisions of ss. 253.111 and 253.115. Such lands shall be
 1395  offered to the state, county, or local government for a period
 1396  of 45 days. Permittable uses for such surplus lands may include
 1397  public schools; public libraries; fire or law enforcement
 1398  substations; governmental, judicial, or recreational centers;
 1399  and affordable housing meeting the criteria of s. 420.0004(3).
 1400  County or local government requests for surplus lands shall be
 1401  expedited throughout the surplusing process. If the county or
 1402  local government does not elect to purchase such lands in
 1403  accordance with s. 253.111, any surplusing determination
 1404  involving other governmental agencies shall be made when the
 1405  board decides the best public use of the lands. Surplus
 1406  properties in which governmental agencies have expressed no
 1407  interest must then be available for sale on the private market.
 1408         (g)The sale price of lands determined to be surplus
 1409  pursuant to this subsection and s. 253.82 shall be determined by
 1410  the division, which shall consider an appraisal of the property,
 1411  or, if the estimated value of the land is $500,000 or less, a
 1412  comparable sales analysis or a broker’s opinion of value. The
 1413  division may require a second appraisal. The individual or
 1414  entity that requests to purchase the surplus parcel shall pay
 1415  all costs associated with determining the property’s value, if
 1416  any.
 1417         1.A written valuation of land determined to be surplus
 1418  pursuant to this subsection and s. 253.82, and related documents
 1419  used to form the valuation or which pertain to the valuation,
 1420  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1421  I of the State Constitution.
 1422         a.The exemption expires 2 weeks before the contract or
 1423  agreement regarding the purchase, exchange, or disposal of the
 1424  surplus land is first considered for approval by the board.
 1425         b.Before expiration of the exemption, the division may
 1426  disclose confidential and exempt appraisals, valuations, or
 1427  valuation information regarding surplus land:
 1428         (I)During negotiations for the sale or exchange of the
 1429  land.
 1430         (II)During the marketing effort or bidding process
 1431  associated with the sale, disposal, or exchange of the land to
 1432  facilitate closure of such effort or process.
 1433         (III)When the passage of time has made the conclusions of
 1434  value invalid.
 1435         (IV)When negotiations or marketing efforts concerning the
 1436  land are concluded.
 1437         2.A unit of government that acquires title to lands
 1438  hereunder for less than appraised value may not sell or transfer
 1439  title to all or any portion of the lands to any private owner
 1440  for 10 years. Any unit of government seeking to transfer or sell
 1441  lands pursuant to this paragraph must first allow the board of
 1442  trustees to reacquire such lands for the price at which the
 1443  board sold such lands.
 1444         (h)Parcels with a market value over $500,000 must be
 1445  initially offered for sale by competitive bid. The division may
 1446  use agents, as authorized by s. 253.431, for this process. Any
 1447  parcels unsuccessfully offered for sale by competitive bid, and
 1448  parcels with a market value of $500,000 or less, may be sold by
 1449  any reasonable means, including procuring real estate services,
 1450  open or exclusive listings, competitive bid, auction, negotiated
 1451  direct sales, or other appropriate services, to facilitate the
 1452  sale.
 1453         (i)After reviewing the recommendations of the council, the
 1454  board shall determine whether lands identified for surplus are
 1455  to be held for other public purposes or are no longer needed.
 1456  The board may require an agency to release its interest in such
 1457  lands. A state agency, county, or local government that has
 1458  requested the use of a property that was to be declared as
 1459  surplus must secure the property under lease within 90 days
 1460  after being notified that it may use such property.
 1461         (j)Requests for surplusing may be made by any public or
 1462  private entity or person. All requests shall be submitted to the
 1463  lead managing agency for review and recommendation to the
 1464  council or its successor. Lead managing agencies have 90 days to
 1465  review such requests and make recommendations. Any surplusing
 1466  requests that have not been acted upon within the 90-day time
 1467  period shall be immediately scheduled for hearing at the next
 1468  regularly scheduled meeting of the council or its successor.
 1469  Requests for surplusing pursuant to this paragraph are not
 1470  required to be offered to local or state governments as provided
 1471  in paragraph (f).
 1472         (k)Proceeds from the sale of surplus conservation lands
 1473  purchased before July 1, 2015, shall be deposited into the
 1474  Florida Forever Trust Fund.
 1475         (l)Proceeds from the sale of surplus conservation lands
 1476  purchased on or after July 1, 2015, shall be deposited into the
 1477  Land Acquisition Trust Fund, except when such lands were
 1478  purchased with funds other than those from the Land Acquisition
 1479  Trust Fund or a land acquisition trust fund created to implement
 1480  s. 28, Art. X of the State Constitution, the proceeds shall be
 1481  deposited into the fund from which the lands were purchased.
 1482         (m)Funds received from the sale of surplus nonconservation
 1483  lands or lands that were acquired by gift, by donation, or for
 1484  no consideration shall be deposited into the Internal
 1485  Improvement Trust Fund.
 1486         (n)Notwithstanding this subsection, such disposition of
 1487  land may not be made if it would have the effect of causing all
 1488  or any portion of the interest on any revenue bonds issued to
 1489  lose the exclusion from gross income for federal income tax
 1490  purposes.
 1491         (o)The sale of filled, formerly submerged land that does
 1492  not exceed 5 acres in area is not subject to review by the
 1493  council or its successor.
 1494         (p)The board may adopt rules to administer this section
 1495  which may include procedures for administering surplus land
 1496  requests and criteria for when the division may approve requests
 1497  to surplus nonconservation lands on behalf of the board.
 1498         (6)(7) This section does shall not be construed so as to
 1499  affect:
 1500         (a) Other provisions of this chapter relating to oil, gas,
 1501  or mineral resources.
 1502         (b) The exclusive use of state-owned land subject to a
 1503  lease by the board of trustees of the Internal Improvement Trust
 1504  Fund of state-owned land for private uses and purposes.
 1505         (c) Sovereignty lands not leased for private uses and
 1506  purposes.
 1507         (7)(8)(a) The Legislature recognizes the value of the
 1508  state’s conservation lands as water recharge areas and air
 1509  filters.
 1510         (b) If state-owned lands are subject to annexation
 1511  procedures, the Division of State Lands must notify the county
 1512  legislative delegation of the county in which the land is
 1513  located.
 1514         (8)(9) Land management plans required to be submitted by
 1515  the Department of Corrections, the Department of Juvenile
 1516  Justice, the Department of Children and Families, or the
 1517  Department of Education are not subject to the provisions for
 1518  review by the Acquisition and Restoration Council or its
 1519  successor described in subsection (5). Management plans filed by
 1520  these agencies shall be made available to the public for a
 1521  period of 90 days at the administrative offices of the parcel or
 1522  project affected by the management plan and at the Tallahassee
 1523  offices of each agency. Any plans not objected to during the
 1524  public comment period shall be deemed approved. Any plans for
 1525  which an objection is filed shall be submitted to the board of
 1526  trustees of the Internal Improvement Trust Fund for
 1527  consideration. The board of trustees of the Internal Improvement
 1528  Trust Fund shall approve the plan with or without modification,
 1529  or reject the plan. The use or possession of any such lands
 1530  which is not in accordance with an approved land management plan
 1531  is subject to termination by the board of trustees.
 1532         (9)(10) The following additional uses of conservation lands
 1533  acquired pursuant to the Florida Forever program and other
 1534  state-funded conservation land purchase programs shall be
 1535  authorized, upon a finding by the board of trustees, if they
 1536  meet the criteria specified in paragraphs (a)-(e): water
 1537  resource development projects, water supply development
 1538  projects, stormwater management projects, linear facilities, and
 1539  sustainable agriculture and forestry. Such additional uses are
 1540  authorized if where:
 1541         (a) The use is not inconsistent with the management plan
 1542  for such lands;
 1543         (b) The use is compatible with the natural ecosystem and
 1544  resource values of such lands;
 1545         (c) The proposed use is appropriately located on such lands
 1546  and if where due consideration is given to the use of other
 1547  available lands;
 1548         (d) The using entity reasonably compensates the titleholder
 1549  for such use based upon an appropriate measure of value; and
 1550         (e) The use is consistent with the public interest.
 1551  
 1552  A decision by the board of trustees pursuant to this section
 1553  shall be given a presumption of correctness. Moneys received
 1554  from the use of state lands pursuant to this section shall be
 1555  returned to the lead managing entity in accordance with s.
 1556  259.032(9)(c).
 1557         (10)(11) Lands listed as projects for acquisition may be
 1558  managed for conservation pursuant to s. 259.032, on an interim
 1559  basis by a private party in anticipation of a state purchase in
 1560  accordance with a contractual arrangement between the acquiring
 1561  agency and the private party that may include management service
 1562  contracts, leases, cost-share arrangements or resource
 1563  conservation agreements. Lands designated as eligible under this
 1564  subsection shall be managed to maintain or enhance the resources
 1565  the state is seeking to protect by acquiring the land. Funding
 1566  for these contractual arrangements may originate from the
 1567  documentary stamp tax revenue deposited into the Land
 1568  Acquisition Trust Fund. No more than $6.2 million may be
 1569  expended from the Land Acquisition Trust Fund for this purpose.
 1570         (11)(12) Any lands available to governmental employees,
 1571  including water management district employees, for hunting or
 1572  other recreational purposes shall also be made available to the
 1573  general public for such purposes.
 1574         (13)Before a building or parcel of land is offered for
 1575  lease or sale to a local or federal unit of government or a
 1576  private party, it shall first be offered for lease to state
 1577  agencies, state universities, and Florida College System
 1578  institutions, with priority consideration given to state
 1579  universities and Florida College System institutions. Within 60
 1580  days after the offer for lease of a surplus building or parcel,
 1581  a state university or Florida College System institution that
 1582  requests the lease must submit a plan for review and approval by
 1583  the Board of Trustees of the Internal Improvement Trust Fund
 1584  regarding the intended use, including future use, of the
 1585  building or parcel of land before approval of a lease. Within 60
 1586  days after the offer for lease of a surplus building or parcel,
 1587  a state agency that requests the lease of such facility or
 1588  parcel must submit a plan for review and approval by the board
 1589  of trustees regarding the intended use. The state agency plan
 1590  must, at a minimum, include the proposed use of the facility or
 1591  parcel, the estimated cost of renovation, a capital improvement
 1592  plan for the building, evidence that the building or parcel
 1593  meets an existing need that cannot otherwise be met, and other
 1594  criteria developed by rule by the board of trustees. The board
 1595  or its designee shall compare the estimated value of the
 1596  building or parcel to any submitted business plan to determine
 1597  if the lease or sale is in the best interest of the state. The
 1598  board of trustees shall adopt rules pursuant to chapter 120 for
 1599  the implementation of this section.
 1600         Section 6. Section 253.0341, Florida Statutes, is amended
 1601  to read:
 1602         253.0341 Surplus of state-owned lands to counties or local
 1603  governments.—Counties and local governments may submit
 1604  surplusing requests for state-owned lands directly to the board
 1605  of trustees. County or local government requests for the state
 1606  to surplus conservation or nonconservation lands, whether for
 1607  purchase or exchange, shall be expedited throughout the
 1608  surplusing process. Property jointly acquired by the state and
 1609  other entities shall not be surplused without the consent of all
 1610  joint owners.
 1611         (1) The board of trustees shall determine which lands, the
 1612  title to which is vested in the board, may be surplused. For all
 1613  conservation lands, the Acquisition and Restoration Council
 1614  shall make a recommendation to the board of trustees, and the
 1615  board of trustees shall determine whether the lands are no
 1616  longer needed for conservation purposes. If the board of
 1617  trustees determines the lands are no longer needed for
 1618  conservation purposes, it may dispose of such lands by an
 1619  affirmative vote of at least three members. In the case of a
 1620  land exchange involving the disposition of conservation lands,
 1621  the board of trustees must determine by an affirmative vote of
 1622  at least three members that the exchange will result in a net
 1623  positive conservation benefit. For all nonconservation lands,
 1624  the board of trustees shall determine whether the lands are no
 1625  longer needed. If the board of trustees determines the lands are
 1626  no longer needed, it may dispose of such lands by an affirmative
 1627  vote of at least three members. Local government requests for
 1628  the state to surplus conservation or nonconservation lands,
 1629  whether for purchase or exchange, shall be expedited throughout
 1630  the surplusing process. Property jointly acquired by the state
 1631  and other entities may not be surplused without the consent of
 1632  all joint owners The decision to surplus state-owned
 1633  nonconservation lands may be made by the board without a review
 1634  of, or a recommendation on, the request from the Acquisition and
 1635  Restoration Council or the Division of State Lands. Such
 1636  requests for nonconservation lands shall be considered by the
 1637  board within 60 days of the board’s receipt of the request.
 1638         (2) For purposes of this section, all lands acquired by the
 1639  state before July 1, 1999, using proceeds from Preservation 2000
 1640  bonds, the former Conservation and Recreation Lands Trust Fund,
 1641  the former Water Management Lands Trust Fund, Environmentally
 1642  Endangered Lands Program, and the Save Our Coast Program and
 1643  titled to the board of trustees which are identified as core
 1644  parcels or within original project boundaries are deemed to have
 1645  been acquired for conservation purposes County or local
 1646  government requests for the surplusing of state-owned
 1647  conservation lands are subject to review of, and recommendation
 1648  on, the request to the board by the Acquisition and Restoration
 1649  Council. Requests to surplus conservation lands shall be
 1650  considered by the board within 120 days of the board’s receipt
 1651  of the request.
 1652         (3) For any lands purchased by the state on or after July
 1653  1, 1999, before acquisition, the board of trustees must
 1654  determine which parcels must be designated as having been
 1655  acquired for conservation purposes. Lands acquired for use by
 1656  the Department of Corrections; the Department of Management
 1657  Services for use as state offices; the Department of
 1658  Transportation, except those lands specifically managed for
 1659  conservation or recreation purposes; the State University
 1660  System; or the Florida College System may not be designated as
 1661  having been acquired for conservation purposes A local
 1662  government may request that state lands be specifically declared
 1663  surplus lands for the purpose of providing alternative water
 1664  supply and water resource development projects as defined in s.
 1665  373.019, public facilities such as schools, fire and police
 1666  facilities, and affordable housing. The request shall comply
 1667  with the requirements of subsection (1) if the lands are
 1668  nonconservation lands or subsection (2) if the lands are
 1669  conservation lands. Surplus lands that are conveyed to a local
 1670  government for affordable housing shall be disposed of by the
 1671  local government under the provisions of s. 125.379 or s.
 1672  166.0451.
 1673         (4) At least every 10 years, as a component of each land
 1674  management plan or land use plan and in a form and manner
 1675  adopted by rule of the board of trustees, each manager shall
 1676  evaluate and indicate to the board of trustees those lands that
 1677  are not being used for the purpose for which they were
 1678  originally leased. For conservation lands, the Acquisition and
 1679  Restoration Council shall review and recommend to the board of
 1680  trustees whether such lands should be retained in public
 1681  ownership or disposed of by the board of trustees. For
 1682  nonconservation lands, the Division of State Lands shall review
 1683  and recommend to the board of trustees whether such lands should
 1684  be retained in public ownership or disposed of by the board of
 1685  trustees Notwithstanding the requirements of this section and
 1686  the requirements of s. 253.034 which provides a surplus process
 1687  for the disposal of state lands, the board shall convey to
 1688  Miami-Dade County title to the property on which the Graham
 1689  Building, which houses the offices of the Miami-Dade State
 1690  Attorney, is located. By January 1, 2008, the board shall convey
 1691  fee simple title to the property to Miami-Dade County for a
 1692  consideration of one dollar. The deed conveying title to Miami
 1693  Dade County must contain restrictions that limit the use of the
 1694  property for the purpose of providing workforce housing as
 1695  defined in s. 420.5095, and to house the offices of the Miami
 1696  Dade State Attorney. Employees of the Miami-Dade State Attorney
 1697  and the Miami-Dade Public Defender who apply for and meet the
 1698  income qualifications for workforce housing shall receive
 1699  preference over other qualified applicants.
 1700         (5)Conservation lands owned by the board of trustees which
 1701  are not actively managed by any state agency or for which a land
 1702  management plan has not been completed pursuant to s. 253.034(5)
 1703  must be reviewed by the Acquisition and Restoration Council for
 1704  its recommendation as to whether such lands should be disposed
 1705  of by the board of trustees.
 1706         (6)Before any decision by the board of trustees to surplus
 1707  conservation lands, the Acquisition and Restoration Council
 1708  shall review and make recommendations to the board of trustees
 1709  concerning the request for surplusing. The council shall
 1710  determine whether the request for surplusing is compatible with
 1711  the resource values of and management objectives for such lands.
 1712         (7)Before a facility or parcel of nonconservation land is
 1713  offered for lease to a local or federal unit of government,
 1714  state university, Florida College System institution, or private
 1715  party, it shall first be offered for lease to state agencies.
 1716  Within 45 days after the offer for lease of a facility or
 1717  parcel, a state agency that requests the lease must submit a
 1718  plan to the board of trustees that includes a description of the
 1719  proposed use, including future use, of the facility or parcel.
 1720  The board of trustees must review and approve the plan before
 1721  approving the lease. The state agency plan must, at a minimum,
 1722  include the proposed use of the facility or parcel, the
 1723  estimated cost of renovation, a capital improvement plan for the
 1724  building, evidence that the facility or parcel meets an existing
 1725  need that cannot otherwise be met, and other criteria adopted by
 1726  rule of the board of trustees. The board of trustees or its
 1727  designee shall compare the estimated value of the facility or
 1728  parcel to any submitted business plan to determine if the lease
 1729  or sale is in the best interest of the state. The board of
 1730  trustees shall adopt rules pursuant to chapter 120 to implement
 1731  this section. A state agency that has requested the use of a
 1732  facility or parcel must secure the facility or parcel with a
 1733  fully executed lease within 90 days after being notified that it
 1734  may use such facility or parcel or the request is voidable.
 1735         (8)The sale price of lands determined to be surplus
 1736  pursuant to this section and s. 253.82 shall be determined by
 1737  the Division of State Lands, which shall consider an appraisal
 1738  of the property or, if the estimated value of the land is
 1739  $500,000 or less, a comparable sales analysis or a broker’s
 1740  opinion of value. The division may require a second appraisal.
 1741  The individual or entity that requests to purchase the surplus
 1742  parcel shall pay all costs associated with determining the
 1743  property’s value, if any.
 1744         (a)A written valuation of land determined to be surplus
 1745  pursuant to this section and s. 253.82, and related documents
 1746  used to form the valuation or which pertain to the valuation,
 1747  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
 1748  I of the State Constitution.
 1749         1.The exemption expires 2 weeks before the contract or
 1750  agreement regarding the purchase, exchange, or disposal of the
 1751  surplus land is first considered for approval by the board of
 1752  trustees.
 1753         2.Before expiration of the exemption, the Division of
 1754  State Lands may disclose confidential and exempt appraisals,
 1755  valuations, or valuation information regarding surplus land:
 1756         a.During negotiations for the sale or exchange of the
 1757  land;
 1758         b.During the marketing effort or bidding process
 1759  associated with the sale, disposal, or exchange of the land to
 1760  facilitate closure of such effort or process;
 1761         c.When the passage of time has made the conclusions of
 1762  value invalid; or
 1763         d.When negotiations or marketing efforts concerning the
 1764  land are concluded.
 1765         (b)A unit of government that acquires title to lands
 1766  pursuant to this section for less than appraised value may not
 1767  sell or transfer title to all or any portion of the lands to any
 1768  private owner for 10 years. A unit of government seeking to
 1769  transfer or sell lands pursuant to this paragraph must first
 1770  allow the board of trustees to reacquire such lands for the
 1771  price at which the board of trustees sold such lands.
 1772         (9)Parcels with a market value over $500,000 must be
 1773  initially offered for sale by competitive bid. Any parcels
 1774  unsuccessfully offered for sale by competitive bid, and parcels
 1775  with a market value of $500,000 or less, may be sold by any
 1776  reasonable means, including procuring real estate services, open
 1777  or exclusive listings, competitive bid, auction, negotiated
 1778  direct sales, or other appropriate services, to facilitate the
 1779  sale.
 1780         (10)After reviewing the recommendations of the Acquisition
 1781  and Restoration Council, the board of trustees shall determine
 1782  whether conservation lands identified for surplus should be held
 1783  for other public purposes or are no longer needed. The board of
 1784  trustees may require an agency to release its interest in such
 1785  lands. An entity approved to use conservation lands by the board
 1786  of trustees must secure the property under a fully executed
 1787  lease within 90 days after being notified that it may use such
 1788  property or the request is voidable.
 1789         (11)Requests to surplus lands may be made by any public or
 1790  private entity or person and shall be determined by the board of
 1791  trustees. All requests to surplus conservation lands shall be
 1792  submitted to the lead managing agency for review and
 1793  recommendation to the Acquisition and Restoration Council, and
 1794  all requests to surplus nonconservation lands shall be submitted
 1795  to the Division of State Lands for review and recommendation to
 1796  the board of trustees. The lead managing agencies shall review
 1797  such requests and make recommendations to the council within 90
 1798  days after receipt of the requests. Any requests to surplus
 1799  conservation lands that are not acted upon within the 90-day
 1800  period shall be immediately scheduled for hearing at the next
 1801  regularly scheduled meeting of the council. Requests to surplus
 1802  lands shall be considered by the board of trustees within 60
 1803  days after receipt of the requests from the council or division.
 1804  Requests to surplus lands pursuant to this subsection are not
 1805  required to be offered to state agencies as provided in
 1806  subsection (7).
 1807         (12)Proceeds from the sale of surplus conservation lands
 1808  purchased before July 1, 2015, shall be deposited into the
 1809  Florida Forever Trust Fund.
 1810         (13)Proceeds from the sale of surplus conservation lands
 1811  purchased on or after July 1, 2015, shall be deposited into the
 1812  Land Acquisition Trust Fund, except when such lands were
 1813  purchased with funds other than those from the Land Acquisition
 1814  Trust Fund or a land acquisition trust fund created to implement
 1815  s. 28, Art. X of the State Constitution, the proceeds shall be
 1816  deposited into the fund from which the lands were purchased.
 1817         (14)Funds received from the sale of surplus
 1818  nonconservation lands or lands that were acquired by gift, by
 1819  donation, or for no consideration shall be deposited into the
 1820  Internal Improvement Trust Fund.
 1821         (15)Notwithstanding this section, such disposition of land
 1822  may not be made if it would have the effect of causing all or
 1823  any portion of the interest on any revenue bonds issued to lose
 1824  the exclusion from gross income for federal income tax purposes.
 1825         (16)The sale of filled, formerly submerged land that does
 1826  not exceed 5 acres in area is not subject to review by the
 1827  Acquisition and Restoration Council.
 1828         (17)The board of trustees may adopt rules to administer
 1829  this section, including procedures for administering surplus
 1830  land requests and criteria for when the Division of State Lands
 1831  may approve requests to surplus nonconservation lands on behalf
 1832  of the board of trustees.
 1833         (18)Surplus lands that are conveyed to a local government
 1834  for affordable housing shall be disposed of by the local
 1835  government under s. 125.379 or s. 166.0451.
 1836         Section 7. Section 253.111, Florida Statutes, is amended to
 1837  read:
 1838         253.111 Riparian owners of land Notice to board of county
 1839  commissioners before sale.—The Board of Trustees of the Internal
 1840  Improvement Trust Fund of the state may not sell any land to
 1841  which they hold title unless and until they afford an
 1842  opportunity to the county in which such land is situated to
 1843  receive such land on the following terms and conditions:
 1844         (1)If an application is filed with the board requesting
 1845  that they sell certain land to which they hold title and the
 1846  board decides to sell such land or if the board, without such
 1847  application, decides to sell such land, the board shall, before
 1848  consideration of any private offers, notify the board of county
 1849  commissioners of the county in which such land is situated that
 1850  such land is available to such county. Such notification shall
 1851  be given by registered mail, return receipt requested.
 1852         (2)The board of county commissioners of the county in
 1853  which such land is situated shall, within 40 days after receipt
 1854  of such notification from the board, determine by resolution
 1855  whether or not it proposes to acquire such land.
 1856         (3)If the board receives, within 45 days after notice is
 1857  given to the board of county commissioners pursuant to
 1858  subsection (1), the certified copy of the resolution provided
 1859  for in subsection (2), the board shall forthwith convey to the
 1860  county such land at a price that is equal to its appraised
 1861  market value established by generally accepted professional
 1862  standards for real estate appraisal and subject to such other
 1863  terms and conditions as the board determines.
 1864         (4)Nothing in this section restricts any right otherwise
 1865  granted to the board by this chapter to convey land to which
 1866  they hold title to the state or any department, office,
 1867  authority, board, bureau, commission, institution, court,
 1868  tribunal, agency, or other instrumentality of or under the
 1869  state. The word “land” as used in this act means all lands
 1870  vested in the Board of Trustees of the Internal Improvement
 1871  Trust Fund.
 1872         (1)(5) If a any riparian owner exists with respect to any
 1873  land to be sold by the board of trustees, such riparian owner
 1874  shall have a right to secure such land, which right is prior in
 1875  interest to the right in the county created by this section,
 1876  provided that such riparian owner shall be required to pay for
 1877  such land upon such prices, terms, and conditions as determined
 1878  by the board of trustees. Such riparian owner may waive this
 1879  prior right, in which case this section shall apply.
 1880         (2)(6) This section does not apply to:
 1881         (a) Any land exchange approved by the board of trustees;
 1882         (b) The conveyance of any lands located within the
 1883  Everglades Agricultural Area; or
 1884         (c) Lands managed pursuant to ss. 253.781-253.785.
 1885         Section 8. Section 253.42, Florida Statutes, is amended to
 1886  read:
 1887         253.42 Board of trustees may exchange lands.—The provisions
 1888  of This section applies apply to all lands owned by, vested in,
 1889  or titled in the name of the board of trustees whether the lands
 1890  were acquired by the state as a purchase, or through gift,
 1891  donation, or any other conveyance for which no consideration was
 1892  paid.
 1893         (1) The board of trustees may exchange any lands owned by,
 1894  vested in, or titled in its the name of the board for other
 1895  lands in the state owned by counties, local governments,
 1896  individuals, or private or public corporations, and may fix the
 1897  terms and conditions of any such exchange. Any nonconservation
 1898  lands that were acquired by the state through gift, donation, or
 1899  any other conveyance for which no consideration was paid must
 1900  first be offered at no cost to a county or local government
 1901  unless otherwise provided in a deed restriction of record or
 1902  other legal impediment, and so long as the use proposed by the
 1903  county or local government is for a public purpose. For
 1904  conservation lands acquired by the state through gift, donation,
 1905  or any other conveyance for which no consideration was paid, the
 1906  state may request land of equal conservation value from the
 1907  county or local government but no other consideration.
 1908         (2) In exchanging state-owned lands not acquired by the
 1909  state through gift, donation, or any other conveyance for which
 1910  no consideration was paid, with counties or local governments,
 1911  the board of trustees shall require an exchange of equal value.
 1912  Equal value is defined as the conservation benefit of the lands
 1913  being offered for exchange by a county or local government being
 1914  equal or greater in conservation benefit than the state-owned
 1915  lands. Such exchanges may include cash transactions if based on
 1916  an appropriate measure of value of the state-owned land, but
 1917  must also include the determination of a net-positive
 1918  conservation benefit by the Acquisition and Restoration Council,
 1919  irrespective of appraised value.
 1920         (3) The board of trustees shall select and agree upon the
 1921  state lands to be exchanged and the lands to be conveyed to the
 1922  state and shall pay or receive any sum of money the board of
 1923  trustees deems deemed necessary by the board for the purpose of
 1924  equalizing the value of the exchanged property. The board of
 1925  trustees is authorized to make and enter into contracts or
 1926  agreements for such purpose or purposes.
 1927         (4)(a)A person who owns land contiguous to state-owned
 1928  land titled to the board of trustees may submit a request to the
 1929  Division of State Lands to exchange all or a portion of the
 1930  privately owned land for all or a portion of the state-owned
 1931  land, whereby the state retains a permanent conservation
 1932  easement over all or a portion of the exchanged state-owned land
 1933  and a permanent conservation easement over all or a portion of
 1934  the exchanged privately owned land. State-owned land exchanged
 1935  pursuant to this subsection shall be contiguous to the privately
 1936  owned land upon which the state retains a permanent conservation
 1937  easement. If the division elects to proceed with a request, the
 1938  division must submit the request to the Acquisition and
 1939  Restoration Council for review and the council must provide
 1940  recommendations to the division. If the division elects to
 1941  forward a request to the board of trustees, the division must
 1942  provide its recommendations and the recommendations of the
 1943  council to the board. This subsection does not apply to state
 1944  owned sovereign submerged land.
 1945         (b)After receiving a request and the division’s
 1946  recommendations, the board of trustees shall consider such
 1947  request and recommendations and may approve the request if:
 1948         1.At least 30 percent of the perimeter of the privately
 1949  owned land is bordered by state-owned land and the exchange does
 1950  not create an inholding.
 1951         2.The approval does not result in a violation of the terms
 1952  of a preexisting lease or agreement by the board of trustees,
 1953  the Department of Environmental Protection, the Department of
 1954  Agriculture and Consumer Services, or the Fish and Wildlife
 1955  Conservation Commission.
 1956         3.For state-owned land purchased for conservation
 1957  purposes, the board of trustees makes a determination that the
 1958  exchange of land under this subsection will result in a net
 1959  positive conservation benefit.
 1960         4.The approval does not conflict with any existing flowage
 1961  easement.
 1962         5.The request is approved by three or more members of the
 1963  board of trustees.
 1964         (c)Special consideration shall be given to a request that
 1965  maintains public access for any recreational purpose allowed on
 1966  the state-owned land at the time the request is submitted to the
 1967  board of trustees. A person who maintains public access pursuant
 1968  to this paragraph is entitled to the limitation on liability
 1969  provided in s. 375.251.
 1970         (d)Land subject to a permanent conservation easement
 1971  granted pursuant to this subsection is subject to inspection by
 1972  the Department of Environmental Protection to ensure compliance
 1973  with the terms of the permanent conservation easement.
 1974         Section 9. Subsection (2) of section 253.782, Florida
 1975  Statutes, is amended to read:
 1976         253.782 Retention of state-owned lands in and around Lake
 1977  Rousseau and the Cross Florida Barge Canal right-of-way from
 1978  Lake Rousseau west to the Withlacoochee River.—
 1979         (2) The Department of Environmental Protection is
 1980  authorized and directed to retain ownership of and maintain all
 1981  lands or interests in land owned by the Board of Trustees of the
 1982  Internal Improvement Trust Fund, including all fee and less than
 1983  fee less-than-fee interests in lands previously owned by the
 1984  canal authority in Lake Rousseau and the Cross Florida Barge
 1985  Canal right-of-way from Lake Rousseau at U.S. Highway 41 west to
 1986  and including the Withlacoochee River.
 1987         Section 10. Section 253.7821, Florida Statutes, is amended
 1988  to read:
 1989         253.7821 Cross Florida Greenways State Recreation and
 1990  Conservation Area assigned to the Department of Environmental
 1991  Protection Office of the Executive Director.—The Cross Florida
 1992  Greenways State Recreation and Conservation Area is hereby
 1993  established and is initially assigned to the department Office
 1994  of Greenways Management within the Office of the Secretary. The
 1995  department office shall manage the greenways pursuant to the
 1996  department’s existing statutory authority until administrative
 1997  rules are adopted by the department. However, the provisions of
 1998  this act shall control in any conflict between this act and any
 1999  other authority of the department.
 2000         Section 11. Section 253.87, Florida Statutes, is created to
 2001  read:
 2002         253.87Inventory of state, federal, and local government
 2003  conservation lands by the Department of Environmental
 2004  Protection.—
 2005         (1)By July 1, 2018, the department shall include in the
 2006  Florida State-Owned Lands and Records Information System (FL
 2007  SOLARIS) database all federally owned conservation lands in the
 2008  state, all lands on which the Federal Government retains a
 2009  permanent conservation easement in the state, and all lands on
 2010  which the state retains a permanent conservation easement. The
 2011  department shall update the database at least every 5 years.
 2012         (2)By July 1, 2018, for counties and municipalities, and
 2013  by July 1, 2019, for financially disadvantaged small
 2014  communities, as defined in s. 403.1838, and at least every 5
 2015  years thereafter, respectively, each county, municipality, and
 2016  financially disadvantaged small community shall identify all
 2017  conservation lands that it owns in fee simple and all lands on
 2018  which it retains a permanent conservation easement and submit,
 2019  in a manner determined by the department, a list of such lands
 2020  to the department. Within 6 months after receiving such list,
 2021  the department shall add such lands to the FL-SOLARIS database.
 2022         (3)By January 1, 2018, the department shall conduct a
 2023  study and submit a report to the Governor, the President of the
 2024  Senate, and the Speaker of the House of Representatives on the
 2025  technical and economic feasibility of including the following
 2026  lands in the FL-SOLARIS database or a similar public lands
 2027  inventory:
 2028         (a)All lands on which local comprehensive plans, land use
 2029  restrictions, zoning ordinances, or land development regulations
 2030  prohibit the land from being developed or limit the amount of
 2031  development to one unit per 40 or more acres.
 2032         (b)All publicly and privately owned lands for which
 2033  development rights have been transferred.
 2034         (c)All privately owned lands under a permanent
 2035  conservation easement.
 2036         (d)All lands owned by a nonprofit or nongovernmental
 2037  organization for conservation purposes.
 2038         (e)All lands that are part of a mitigation bank.
 2039         Section 12. Section 259.01, Florida Statutes, is amended to
 2040  read:
 2041         259.01 Short title.—This chapter shall be known and may be
 2042  cited as the “Land Conservation Program Act of 1972.”
 2043         Section 13. Section 259.02, Florida Statutes, is repealed.
 2044         Section 14. Subsections (6), (7), and (8) and paragraphs
 2045  (a) and (d) of section (9) of section 259.032, Florida Statutes,
 2046  are amended to read:
 2047         259.032 Conservation and recreation lands.—
 2048         (6) Conservation and recreation lands are subject to the
 2049  selection procedures of s. 259.035 and related rules and shall
 2050  be acquired in accordance with acquisition procedures for state
 2051  lands provided for in s. 253.025 259.041, except as otherwise
 2052  provided by the Legislature. An inholding or an addition to
 2053  conservation and recreation lands is not subject to the
 2054  selection procedures of s. 259.035 if the estimated value of
 2055  such inholding or addition does not exceed $500,000. When at
 2056  least 90 percent of the acreage of a project has been purchased
 2057  for conservation and recreation purposes, the project may be
 2058  removed from the list and the remaining acreage may continue to
 2059  be purchased. Funds appropriated to acquire conservation and
 2060  recreation lands may be used for title work, appraisal fees,
 2061  environmental audits, and survey costs related to acquisition
 2062  expenses for lands to be acquired, donated, or exchanged which
 2063  qualify under the categories of this section, at the discretion
 2064  of the board. When the Legislature has authorized the department
 2065  of Environmental Protection to condemn a specific parcel of land
 2066  and such parcel has already been approved for acquisition, the
 2067  land may be acquired in accordance with the provisions of
 2068  chapter 73 or chapter 74, and the funds appropriated to acquire
 2069  conservation and recreation lands may be used to pay the
 2070  condemnation award and all costs, including reasonable attorney
 2071  fees, associated with condemnation.
 2072         (7) All lands managed under this chapter and s. 253.034
 2073  shall be:
 2074         (a) Managed in a manner that will provide the greatest
 2075  combination of benefits to the public and to the resources.
 2076         (b) Managed for public outdoor recreation which is
 2077  compatible with the conservation and protection of public lands.
 2078  Such management may include, but not be limited to, the
 2079  following public recreational uses: fishing, hunting, camping,
 2080  bicycling, hiking, nature study, swimming, boating, canoeing,
 2081  horseback riding, diving, model hobbyist activities, birding,
 2082  sailing, jogging, and other related outdoor activities
 2083  compatible with the purposes for which the lands were acquired.
 2084         (c)Managed for the purposes for which the lands were
 2085  acquired, consistent with paragraph (9)(a).
 2086         (c)(d) Concurrent with its adoption of the annual list of
 2087  acquisition projects pursuant to s. 259.035, the board of
 2088  trustees shall adopt a management prospectus for each project.
 2089  The management prospectus shall delineate:
 2090         1. The management goals for the property;
 2091         2. The conditions that will affect the intensity of
 2092  management;
 2093         3. An estimate of the revenue-generating potential of the
 2094  property, if appropriate;
 2095         4. A timetable for implementing the various stages of
 2096  management and for providing access to the public, if
 2097  applicable;
 2098         5. A description of potential multiple-use activities as
 2099  described in this section and s. 253.034;
 2100         6. Provisions for protecting existing infrastructure and
 2101  for ensuring the security of the project upon acquisition;
 2102         7. The anticipated costs of management and projected
 2103  sources of revenue, including legislative appropriations, to
 2104  fund management needs; and
 2105         8. Recommendations as to how many employees will be needed
 2106  to manage the property, and recommendations as to whether local
 2107  governments, volunteer groups, the former landowner, or other
 2108  interested parties can be involved in the management.
 2109         (d)(e) Concurrent with the approval of the acquisition
 2110  contract pursuant to s. 253.025(4)(c) 259.041(3)(c) for any
 2111  interest in lands except those lands being acquired pursuant to
 2112  under the provisions of s. 259.1052, the board of trustees shall
 2113  designate an agency or agencies to manage such lands. The board
 2114  shall evaluate and amend, as appropriate, the management policy
 2115  statement for the project as provided by s. 259.035 to ensure
 2116  that the policy statement is compatible with conservation,
 2117  recreation, or both, consistent with the purposes for which the
 2118  lands are acquired. For any fee simple acquisition of a parcel
 2119  which is or will be leased back for agricultural purposes, or
 2120  any acquisition of a less than fee less-than-fee interest in
 2121  land that is or will be used for agricultural purposes, the
 2122  board of trustees of the Internal Improvement Trust Fund shall
 2123  first consider having a soil and water conservation district,
 2124  created pursuant to chapter 582, manage and monitor such
 2125  interests.
 2126         (e)(f) State agencies designated to manage lands acquired
 2127  under this chapter or with funds deposited into the Land
 2128  Acquisition Trust Fund, except those lands acquired under s.
 2129  259.1052, may contract with local governments and soil and water
 2130  conservation districts to assist in management activities,
 2131  including the responsibility of being the lead land manager.
 2132  Such land management contracts may include a provision for the
 2133  transfer of management funding to the local government or soil
 2134  and water conservation district from the land acquisition trust
 2135  fund of the lead land managing agency in an amount adequate for
 2136  the local government or soil and water conservation district to
 2137  perform its contractual land management responsibilities and
 2138  proportionate to its responsibilities, and which otherwise would
 2139  have been expended by the state agency to manage the property.
 2140         (f)(g) Immediately following the acquisition of any
 2141  interest in conservation and recreation lands, the department of
 2142  Environmental Protection, acting on behalf of the board of
 2143  trustees, may issue to the lead managing entity an interim
 2144  assignment letter to be effective until the execution of a
 2145  formal lease.
 2146         (8)(a) State, regional, or local governmental agencies or
 2147  private entities designated to manage lands under this section
 2148  shall develop and adopt, with the approval of the board of
 2149  trustees, an individual management plan for each project
 2150  designed to conserve and protect such lands and their associated
 2151  natural resources. Private sector involvement in management plan
 2152  development may be used to expedite the planning process.
 2153         (b) Individual management plans required by s. 253.034(5),
 2154  for parcels over 160 acres, shall be developed with input from
 2155  an advisory group. Members of this advisory group shall include,
 2156  at a minimum, representatives of the lead land managing agency,
 2157  comanaging entities, local private property owners, the
 2158  appropriate soil and water conservation district, a local
 2159  conservation organization, and a local elected official. If
 2160  habitat or potentially restorable habitat for imperiled species
 2161  is located on state lands, the Fish and Wildlife Conservation
 2162  Commission and the Department of Agriculture and Consumer
 2163  Services shall be included on any advisory group required under
 2164  chapter 253, and the short-term and long-term management goals
 2165  required under chapter 253 must advance the goals and objectives
 2166  of imperiled species management without restricting other uses
 2167  identified in the management plan. The advisory group shall
 2168  conduct at least one public hearing within the county in which
 2169  the parcel or project is located. For those parcels or projects
 2170  that are within more than one county, at least one areawide
 2171  public hearing shall be acceptable and the lead managing agency
 2172  shall invite a local elected official from each county. The
 2173  areawide public hearing shall be held in the county in which the
 2174  core parcels are located. Notice of such public hearing shall be
 2175  posted on the parcel or project designated for management,
 2176  advertised in a paper of general circulation, and announced at a
 2177  scheduled meeting of the local governing body before the actual
 2178  public hearing. The management prospectus required pursuant to
 2179  paragraph (7)(c) (7)(d) shall be available to the public for a
 2180  period of 30 days before prior to the public hearing.
 2181         (c) Once a plan is adopted, the managing agency or entity
 2182  shall update the plan at least every 10 years in a form and
 2183  manner adopted prescribed by rule of the board of trustees. Such
 2184  updates, for parcels over 160 acres, shall be developed with
 2185  input from an advisory group. Such plans may include transfers
 2186  of leasehold interests to appropriate conservation organizations
 2187  or governmental entities designated by the Land Acquisition and
 2188  Management Advisory council or its successor, for uses
 2189  consistent with the purposes of the organizations and the
 2190  protection, preservation, conservation, restoration, and proper
 2191  management of the lands and their resources. Volunteer
 2192  management assistance is encouraged, including, but not limited
 2193  to, assistance by youths participating in programs sponsored by
 2194  state or local agencies, by volunteers sponsored by
 2195  environmental or civic organizations, and by individuals
 2196  participating in programs for committed delinquents and adults.
 2197         (d)1. For each project for which lands are acquired after
 2198  July 1, 1995, an individual management plan shall be adopted and
 2199  in place no later than 1 year after the essential parcel or
 2200  parcels identified in the priority list developed pursuant to s.
 2201  259.105 have been acquired. The department of Environmental
 2202  Protection shall distribute only 75 percent of the acquisition
 2203  funds to which a budget entity or water management district
 2204  would otherwise be entitled to any budget entity or any water
 2205  management district that has more than one-third of its
 2206  management plans overdue.
 2207         2.The requirements of subparagraph 1. do not apply to the
 2208  individual management plan for the Babcock Crescent B Ranch
 2209  being acquired pursuant to s. 259.1052. The management plan for
 2210  the ranch shall be adopted and in place no later than 2 years
 2211  following the date of acquisition by the state.
 2212         (e) Individual management plans shall conform to the
 2213  appropriate policies and guidelines of the state land management
 2214  plan and shall include, but not be limited to:
 2215         1. A statement of the purpose for which the lands were
 2216  acquired, the projected use or uses as defined in s. 253.034,
 2217  and the statutory authority for such use or uses.
 2218         2. Key management activities necessary to achieve the
 2219  desired outcomes, including, but not limited to, providing
 2220  public access, preserving and protecting natural resources,
 2221  protecting cultural and historical resources, restoring habitat,
 2222  protecting threatened and endangered species, controlling the
 2223  spread of nonnative plants and animals, performing prescribed
 2224  fire activities, and other appropriate resource management.
 2225         3. A specific description of how the managing agency plans
 2226  to identify, locate, protect, and preserve, or otherwise use
 2227  fragile, nonrenewable natural and cultural resources.
 2228         4. A priority schedule for conducting management
 2229  activities, based on the purposes for which the lands were
 2230  acquired.
 2231         5. A cost estimate for conducting priority management
 2232  activities, to include recommendations for cost-effective
 2233  methods of accomplishing those activities.
 2234         6. A cost estimate for conducting other management
 2235  activities which would enhance the natural resource value or
 2236  public recreation value for which the lands were acquired. The
 2237  cost estimate shall include recommendations for cost-effective
 2238  methods of accomplishing those activities.
 2239         7. A determination of the public uses and public access
 2240  that would be compatible with conservation, recreation, or both
 2241  that would be consistent with the purposes for which the lands
 2242  were acquired.
 2243         (f) The Division of State Lands shall submit a copy of each
 2244  individual management plan for parcels which exceed 160 acres in
 2245  size to each member of the Acquisition and Restoration council,
 2246  which shall:
 2247         1. Within 60 days after receiving a plan from the Division
 2248  of State Lands, review each plan for compliance with the
 2249  requirements of this subsection and with the requirements of the
 2250  rules adopted established by the board pursuant to this
 2251  subsection.
 2252         2. Consider the propriety of the recommendations of the
 2253  managing agency with regard to the future use or protection of
 2254  the property.
 2255         3. After its review, submit the plan, along with its
 2256  recommendations and comments, to the board of trustees, with
 2257  recommendations as to whether to approve the plan as submitted,
 2258  approve the plan with modifications, or reject the plan.
 2259         (g) The board of trustees shall consider the individual
 2260  management plan submitted by each state agency and the
 2261  recommendations of the Acquisition and Restoration council and
 2262  the department Division of State Lands and shall approve the
 2263  plan with or without modification or reject such plan. The use
 2264  or possession of any lands owned by the board of trustees which
 2265  is not in accordance with an approved individual management plan
 2266  is subject to termination by the board of trustees.
 2267  
 2268  By July 1 of each year, each governmental agency and each
 2269  private entity designated to manage lands shall report to the
 2270  Secretary of Environmental Protection on the progress of
 2271  funding, staffing, and resource management of every project for
 2272  which the agency or entity is responsible.
 2273         (9)(a) The Legislature recognizes that acquiring lands
 2274  pursuant to this chapter serves the public interest by
 2275  protecting land, air, and water resources which contribute to
 2276  the public health and welfare, providing areas for natural
 2277  resource based recreation, and ensuring the survival of unique
 2278  and irreplaceable plant and animal species. The Legislature
 2279  intends for these lands to be managed and maintained in a manner
 2280  that is compatible with conservation, recreation, or both,
 2281  consistent with the land management plan for the purposes for
 2282  which they were acquired and for the public to have access to
 2283  and use of these lands if public access where it is consistent
 2284  with acquisition purposes and would not harm the resources the
 2285  state is seeking to protect on the public’s behalf.
 2286         (d) Up to one-fifth of the funds appropriated for the
 2287  purposes identified in paragraph (b) shall be reserved by the
 2288  board of trustees for interim management of acquisitions and for
 2289  associated contractual services, to ensure the conservation and
 2290  protection of natural resources on project sites and to allow
 2291  limited public recreational use of lands. Interim management
 2292  activities may include, but not be limited to, resource
 2293  assessments, control of invasive, nonnative species, habitat
 2294  restoration, fencing, law enforcement, controlled burning, and
 2295  public access consistent with preliminary determinations made
 2296  pursuant to paragraph (7)(f) (7)(g). The board of trustees shall
 2297  make these interim funds available immediately upon purchase.
 2298         Section 15. Subsection (3) and paragraph (a) of subsection
 2299  (4) of section 259.035, Florida Statutes, are amended to read:
 2300         259.035 Acquisition and Restoration Council.—
 2301         (3) The council shall provide assistance to the board of
 2302  trustees in reviewing the recommendations and plans for state
 2303  owned conservation lands required under s. 253.034 and this
 2304  chapter. The council shall, in reviewing such recommendations
 2305  and plans, consider the optimization of multiple-use and
 2306  conservation strategies to accomplish the provisions funded
 2307  pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and
 2308  to s. 259.105(3)(b).
 2309         (4)(a) By December 1, 2016, the Acquisition and Restoration
 2310  council shall develop rules defining specific criteria and
 2311  numeric performance measures needed for lands that are to be
 2312  acquired for public purpose under the Florida Forever program
 2313  pursuant to s. 259.105 or with funds deposited into the Land
 2314  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 2315  Constitution. These rules shall be reviewed and adopted by the
 2316  board, then submitted to the Legislature for consideration by
 2317  February 1, 2017. The Legislature may reject, modify, or take no
 2318  action relative to the proposed rules. If no action is taken,
 2319  the rules shall be implemented. Subsequent to their approval,
 2320  each recipient of funds from the Land Acquisition Trust Fund
 2321  shall annually report to the department Division of State Lands
 2322  on each of the numeric performance measures accomplished during
 2323  the previous fiscal year.
 2324         Section 16. Subsections (1), (2), (4), and (5) of section
 2325  259.036, Florida Statutes, are amended to read:
 2326         259.036 Management review teams.—
 2327         (1) To determine whether conservation, preservation, and
 2328  recreation lands titled in the name of the board of Trustees of
 2329  the Internal Improvement Trust Fund are being managed for the
 2330  purposes that are compatible with conservation, preservation, or
 2331  recreation for which they were acquired and in accordance with a
 2332  land management plan adopted pursuant to s. 259.032, the board
 2333  of trustees, acting through the department of Environmental
 2334  Protection, shall cause periodic management reviews to be
 2335  conducted as follows:
 2336         (a) The department shall establish a regional land
 2337  management review team composed of the following members:
 2338         1. One individual who is from the county or local community
 2339  in which the parcel or project is located and who is selected by
 2340  the county commission in the county which is most impacted by
 2341  the acquisition.
 2342         2. One individual from the Division of Recreation and Parks
 2343  of the department.
 2344         3. One individual from the Florida Forest Service of the
 2345  Department of Agriculture and Consumer Services.
 2346         4. One individual from the Fish and Wildlife Conservation
 2347  Commission.
 2348         5. One individual from the department’s district office in
 2349  which the parcel is located.
 2350         6. A private land manager, preferably from the local
 2351  community, mutually agreeable to the state agency
 2352  representatives.
 2353         7. A member or staff from the jurisdictional water
 2354  management district or of the local soil and water conservation
 2355  district board of supervisors.
 2356         8. A member of a conservation organization.
 2357         (b) The department staff of the Division of State Lands
 2358  shall act as the review team coordinator for the purposes of
 2359  establishing schedules for the reviews and other staff
 2360  functions. The Legislature shall appropriate funds necessary to
 2361  implement land management review team functions.
 2362         (2) The land management review team shall review select
 2363  management areas before prior to the date the manager is
 2364  required to submit a 10-year land management plan update. For
 2365  management areas that exceed 1,000 acres in size, the department
 2366  Division of State Lands shall schedule a land management review
 2367  at least every 5 years. A copy of the review shall be provided
 2368  to the manager, the department Division of State Lands, and the
 2369  Acquisition and Restoration council. The manager shall consider
 2370  the findings and recommendations of the land management review
 2371  team in finalizing the required 10-year update of its management
 2372  plan.
 2373         (4) In the event a land management plan has not been
 2374  adopted within the timeframes specified in s. 259.032(8), the
 2375  department may direct a management review of the property, to be
 2376  conducted by the land management review team. The review shall
 2377  consider the extent to which the land is being managed in a
 2378  manner that is compatible with conservation, recreation, or both
 2379  for the purposes for which it was acquired and the degree to
 2380  which actual management practices are in compliance with the
 2381  management policy statement and management prospectus for that
 2382  property.
 2383         (5) If the land management review team determines that
 2384  reviewed lands are not being managed in a manner that is
 2385  compatible with conservation, recreation, or both, consistent
 2386  for the purposes for which they were acquired or in compliance
 2387  with the adopted land management plan, management policy
 2388  statement, or management prospectus, or if the managing agency
 2389  fails to address the review findings in the updated management
 2390  plan, the department shall provide the review findings to the
 2391  board, and the managing agency must report to the board its
 2392  reasons for managing the lands as it has.
 2393         Section 17. Section 259.037, Florida Statutes, is amended
 2394  to read:
 2395         259.037 Land Management Uniform Accounting Council.—
 2396         (1) The Land Management Uniform Accounting Council (LMUAC)
 2397  is created within the Department of Environmental Protection and
 2398  shall consist of the director of the Division of State Lands,
 2399  the director of the Division of Recreation and Parks, and the
 2400  director of the Office of Coastal and Aquatic Managed Areas, and
 2401  the director of the Office of Greenways and Trails of the
 2402  department of Environmental Protection; the director of the
 2403  Florida Forest Service of the Department of Agriculture and
 2404  Consumer Services; the executive director of the Fish and
 2405  Wildlife Conservation Commission; and the director of the
 2406  Division of Historical Resources of the Department of State, or
 2407  their respective designees. Each state agency represented on the
 2408  LMUAC council shall have one vote. The chair of the LMUAC
 2409  council shall rotate annually in the foregoing order of state
 2410  agencies. The agency of the representative serving as chair of
 2411  the council shall provide staff support for the LMUAC council.
 2412  The Division of State Lands shall serve as the recipient of and
 2413  repository for the LMUAC’s council’s documents. The LMUAC
 2414  council shall meet at the request of the chair.
 2415         (2) The Auditor General and the director of the Office of
 2416  Program Policy Analysis and Government Accountability, or their
 2417  designees, shall advise the LMUAC council to ensure that
 2418  appropriate accounting procedures are used utilized and that a
 2419  uniform method of collecting and reporting accurate costs of
 2420  land management activities are created and can be used by all
 2421  agencies.
 2422         (3)(a) All land management activities and costs must be
 2423  assigned to a specific category, and any single activity or cost
 2424  may not be assigned to more than one category. Administrative
 2425  costs, such as planning or training, shall be segregated from
 2426  other management activities. Specific management activities and
 2427  costs must initially be grouped, at a minimum, within the
 2428  following categories:
 2429         1. Resource management.
 2430         2. Administration.
 2431         3. Support.
 2432         4. Capital improvements.
 2433         5. Recreation visitor services.
 2434         6. Law enforcement activities.
 2435  
 2436  Upon adoption of the initial list of land management categories
 2437  by the LMUAC council, agencies assigned to manage conservation
 2438  or recreation lands shall, on July 1, 2000, begin to account for
 2439  land management costs in accordance with the category to which
 2440  an expenditure is assigned.
 2441         (b) Each reporting agency shall also:
 2442         1. Include a report of the available public use
 2443  opportunities for each management unit of state land, the total
 2444  management cost for public access and public use, and the cost
 2445  associated with each use option.
 2446         2. List the acres of land requiring minimal management
 2447  effort, moderate management effort, and significant management
 2448  effort pursuant to s. 259.032(9)(c). For each category created
 2449  in paragraph (a), the reporting agency shall include the amount
 2450  of funds requested, the amount of funds received, and the amount
 2451  of funds expended for land management.
 2452         3. List acres managed and cost of management for each park,
 2453  preserve, forest, reserve, or management area.
 2454         4. List acres managed, cost of management, and lead manager
 2455  for each state lands management unit for which secondary
 2456  management activities were provided.
 2457         5. Include a report of the estimated calculable financial
 2458  benefits to the public for the ecosystem services provided by
 2459  conservation lands, based on the best readily available
 2460  information or science that provides a standard measurement
 2461  methodology to be consistently applied by the land managing
 2462  agencies. Such information may include, but need not be limited
 2463  to, the value of natural lands for protecting the quality and
 2464  quantity of drinking water through natural water filtration and
 2465  recharge, contributions to protecting and improving air quality,
 2466  benefits to agriculture through increased soil productivity and
 2467  preservation of biodiversity, and savings to property and lives
 2468  through flood control.
 2469         (4) The LMUAC council shall provide a report of the
 2470  agencies’ expenditures pursuant to the adopted categories to the
 2471  Acquisition and Restoration Council and the Division of State
 2472  Lands for inclusion in its annual report required pursuant to s.
 2473  259.036.
 2474         (5) Should the LMUAC council determine that the list of
 2475  land management categories needs to be revised, it shall meet
 2476  upon the call of the chair.
 2477         (6) Biennially, each reporting agency shall also submit an
 2478  operational report for each management area along with an
 2479  approved management plan. The report should assess the progress
 2480  toward achieving short-term and long-term management goals of
 2481  the approved management plan, including all land management
 2482  activities, and identify any deficiencies in management and
 2483  corrective actions to address identified deficiencies as
 2484  appropriate. This report shall be submitted to the Acquisition
 2485  and Restoration Council and the Division of State Lands for
 2486  inclusion in its annual report required pursuant to s. 259.036.
 2487         Section 18. Subsections (1) through (6) and subsections (8)
 2488  through (19) of section 259.041, Florida Statutes, are repealed.
 2489         Section 19. Subsection (2) of section 259.047, Florida
 2490  Statutes, is amended to read:
 2491         259.047 Acquisition of land on which an agricultural lease
 2492  exists.—
 2493         (2) If Where consistent with the purposes of conservation
 2494  and recreation for which the property was acquired, the state or
 2495  acquiring entity shall make reasonable efforts to keep lands in
 2496  agricultural production which are in agricultural production at
 2497  the time of acquisition.
 2498         Section 20. Subsection (8) of section 259.101, Florida
 2499  Statutes, is renumbered as subsection (7), and subsection (5),
 2500  paragraph (a) of subsection (6), and present subsection (7) of
 2501  that section are amended, to read:
 2502         259.101 Florida Preservation 2000 Act.—
 2503         (5) DISPOSITION OF LANDS.—
 2504         (a) Any lands acquired pursuant to former paragraphs
 2505  (3)(a), (3)(c), (3)(d), (3)(e), (3)(f), or (3)(g) of this
 2506  section, Florida Statutes 2014, if title to such lands is vested
 2507  in the board of Trustees of the Internal Improvement Trust Fund,
 2508  may be disposed of by the board of Trustees of the Internal
 2509  Improvement Trust Fund in accordance with the provisions and
 2510  procedures set forth in s. 253.0341 253.034(6), and lands
 2511  acquired pursuant to former paragraph (3)(b) of this section,
 2512  Florida Statutes 2014, may be disposed of by the owning water
 2513  management district in accordance with the procedures and
 2514  provisions set forth in ss. 373.056 and 373.089 provided such
 2515  disposition also shall satisfy the requirements of paragraphs
 2516  (b) and (c).
 2517         (b) Before land acquired with Preservation 2000 funds may
 2518  be surplused as required by s. 253.0341 253.034(6) or determined
 2519  to be no longer required for its purposes under s. 373.056(4),
 2520  as applicable, there shall first be a determination by the board
 2521  of Trustees of the Internal Improvement Trust Fund, or, in the
 2522  case of water management district lands, by the owning water
 2523  management district, that such land no longer needs to be
 2524  preserved in furtherance of the intent of the Florida
 2525  Preservation 2000 Act. Any lands eligible to be disposed of
 2526  under this procedure also may be used to acquire other lands
 2527  through an exchange of lands if such lands obtained in an
 2528  exchange are described in the same paragraph of former
 2529  subsection (3) of this section, Florida Statutes 2014, as the
 2530  lands disposed.
 2531         (c) Revenue derived from the disposal of lands acquired
 2532  with Preservation 2000 funds may not be used for any purpose
 2533  except for deposit into the Florida Forever Trust Fund within
 2534  the department of Environmental Protection, for recredit to the
 2535  share held under former subsection (3) of this section, Florida
 2536  Statutes 2014, in which such disposed land is described.
 2537         (6) ALTERNATE USES OF ACQUIRED LANDS.—
 2538         (a) The board of Trustees of the Internal Improvement Trust
 2539  Fund, or, in the case of water management district lands, the
 2540  owning water management district, may authorize the granting of
 2541  a lease, easement, or license for the use of any lands acquired
 2542  pursuant to former subsection (3) of this section, Florida
 2543  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2544  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2545  Art. XII of the State Constitution, and any other incidental
 2546  public or private use that is determined by the board or the
 2547  owning water management district to be compatible with
 2548  conservation, preservation, or recreation the purposes for which
 2549  such lands were acquired.
 2550         (7)ALTERNATIVES TO FEE SIMPLE ACQUISITION.—
 2551         (a)The Legislature finds that, with the increasing
 2552  pressures on the natural areas of this state, the state must
 2553  develop creative techniques to maximize the use of acquisition
 2554  and management moneys. The Legislature finds that the state’s
 2555  environmental land-buying agencies should be encouraged to
 2556  augment their traditional, fee simple acquisition programs with
 2557  the use of alternatives to fee simple acquisition techniques.
 2558  The Legislature also finds that using alternatives to fee simple
 2559  acquisition by public land-buying agencies will achieve the
 2560  following public policy goals:
 2561         1.Allow more lands to be brought under public protection
 2562  for preservation, conservation, and recreational purposes at
 2563  less expense using public funds.
 2564         2.Retain, on local government tax rolls, some portion of
 2565  or interest in lands that are under public protection.
 2566         3.Reduce long-term management costs by allowing private
 2567  property owners to continue acting as stewards of the land, as
 2568  appropriate.
 2569  
 2570  Therefore, it is the intent of the Legislature that public land
 2571  buying agencies develop programs to pursue alternatives to fee
 2572  simple acquisition and to educate private landowners about such
 2573  alternatives and the benefits of such alternatives. It also is
 2574  the intent of the Legislature that the department and the water
 2575  management districts spend a portion of their shares of
 2576  Preservation 2000 bond proceeds to purchase eligible properties
 2577  using alternatives to fee simple acquisition. Finally, it is the
 2578  intent of the Legislature that public agencies acquire lands in
 2579  fee simple for public access and recreational activities. Lands
 2580  protected using alternatives to fee simple acquisition
 2581  techniques may not be accessible to the public unless such
 2582  access is negotiated with and agreed to by the private
 2583  landowners who retain interests in such lands.
 2584         (b)The Land Acquisition Advisory Council and the water
 2585  management districts shall identify, within their 1997
 2586  acquisition plans, those projects that require a full fee simple
 2587  interest to achieve the public policy goals, along with the
 2588  reasons why full title is determined to be necessary. The
 2589  council and the water management districts may use alternatives
 2590  to fee simple acquisition to bring the remaining projects in
 2591  their acquisition plans under public protection. For the
 2592  purposes of this subsection, the term “alternatives to fee
 2593  simple acquisition” includes the purchase of development rights;
 2594  conservation easements; flowage easements; the purchase of
 2595  timber rights, mineral rights, or hunting rights; the purchase
 2596  of agricultural interests or silvicultural interests; land
 2597  protection agreements; fee simple acquisitions with
 2598  reservations; or any other acquisition technique that achieves
 2599  the public policy goals identified in paragraph (a). It is
 2600  presumed that a private landowner retains the full range of uses
 2601  for all the rights or interests in the landowner’s land which
 2602  are not specifically acquired by the public agency. Life estates
 2603  and fee simple acquisitions with leaseback provisions do not
 2604  qualify as an alternative to fee simple acquisition under this
 2605  subsection, although the department and the districts are
 2606  encouraged to use such techniques if appropriate.
 2607         (c)The department and each water management district shall
 2608  implement initiatives to use alternatives to fee simple
 2609  acquisition and to educate private landowners about such
 2610  alternatives. These initiatives must include at least two
 2611  acquisitions a year by the department and each water management
 2612  district utilizing alternatives to fee simple.
 2613         (d)The Legislature finds that the lack of direct sales
 2614  comparison information has served as an impediment to successful
 2615  implementation of alternatives to fee simple acquisition. It is
 2616  the intent of the Legislature that, in the absence of direct
 2617  comparable sales information, appraisals of alternatives to fee
 2618  simple acquisitions be based on the difference between the full
 2619  fee simple valuation and the value of the interests remaining
 2620  with the seller after acquisition.
 2621         (e)The public agency that has been assigned management
 2622  responsibility shall inspect and monitor any less-than-fee
 2623  simple interest according to the terms of the purchase agreement
 2624  relating to such interest.
 2625         (f)The department and the water management districts may
 2626  enter into joint acquisition agreements to jointly fund the
 2627  purchase of lands using alternatives to fee simple techniques.
 2628         Section 21. Paragraph (a) of subsection (2), paragraphs (i)
 2629  and (l) of subsection (3), subsections (10) and (13), paragraph
 2630  (i) of subsection (15), and subsection (19) of section 259.105,
 2631  Florida Statutes, are amended to read:
 2632         259.105 The Florida Forever Act.—
 2633         (2)(a) The Legislature finds and declares that:
 2634         1. Land acquisition programs have provided tremendous
 2635  financial resources for purchasing environmentally significant
 2636  lands to protect those lands from imminent development or
 2637  alteration, thereby ensuring present and future generations’
 2638  access to important waterways, open spaces, and recreation and
 2639  conservation lands.
 2640         2. The continued alteration and development of the state’s
 2641  Florida’s natural and rural areas to accommodate the state’s
 2642  growing population have contributed to the degradation of water
 2643  resources, the fragmentation and destruction of wildlife
 2644  habitats, the loss of outdoor recreation space, and the
 2645  diminishment of wetlands, forests, working landscapes, and
 2646  coastal open space.
 2647         3. The potential development of the state’s Florida’s
 2648  remaining natural areas and escalation of land values require
 2649  government efforts to restore, bring under public protection, or
 2650  acquire lands and water areas to preserve the state’s essential
 2651  ecological functions and invaluable quality of life.
 2652         4. It is essential to protect the state’s ecosystems by
 2653  promoting a more efficient use of land, to ensure opportunities
 2654  for viable agricultural activities on working lands, and to
 2655  promote vital rural and urban communities that support and
 2656  produce development patterns consistent with natural resource
 2657  protection.
 2658         5. The state’s Florida’s groundwater, surface waters, and
 2659  springs are under tremendous pressure due to population growth
 2660  and economic expansion and require special protection and
 2661  restoration efforts, including the protection of uplands and
 2662  springsheds that provide vital recharge to aquifer systems and
 2663  are critical to the protection of water quality and water
 2664  quantity of the aquifers and springs. To ensure that sufficient
 2665  quantities of water are available to meet the current and future
 2666  needs of the natural systems and citizens of the state, and
 2667  assist in achieving the planning goals of the department and the
 2668  water management districts, water resource development projects
 2669  on public lands, if where compatible with the resource values of
 2670  and management objectives for the lands, are appropriate.
 2671         6. The needs of urban, suburban, and small communities in
 2672  the state Florida for high-quality outdoor recreational
 2673  opportunities, greenways, trails, and open space have not been
 2674  fully met by previous acquisition programs. Through such
 2675  programs as the Florida Communities Trust and the Florida
 2676  Recreation Development Assistance Program, the state shall place
 2677  additional emphasis on acquiring, protecting, preserving, and
 2678  restoring open space, ecological greenways, and recreation
 2679  properties within urban, suburban, and rural areas where
 2680  pristine natural communities or water bodies no longer exist
 2681  because of the proximity of developed property.
 2682         7. Many of the state’s Florida’s unique ecosystems, such as
 2683  the Florida Everglades, are facing ecological collapse due to
 2684  the state’s Florida’s burgeoning population growth and other
 2685  economic activities. To preserve these valuable ecosystems for
 2686  future generations, essential parcels of land must be acquired
 2687  to facilitate ecosystem restoration.
 2688         8. Access to public lands to support a broad range of
 2689  outdoor recreational opportunities and the development of
 2690  necessary infrastructure, if where compatible with the resource
 2691  values of and management objectives for such lands, promotes an
 2692  appreciation for the state’s Florida’s natural assets and
 2693  improves the quality of life.
 2694         9. Acquisition of lands, in fee simple, less than fee less
 2695  than-fee interest, or other techniques shall be based on a
 2696  comprehensive science-based assessment of the state’s Florida’s
 2697  natural resources which targets essential conservation lands by
 2698  prioritizing all current and future acquisitions based on a
 2699  uniform set of data and planned so as to protect the integrity
 2700  and function of ecological systems and working landscapes, and
 2701  provide multiple benefits, including preservation of fish and
 2702  wildlife habitat, recreation space for urban and rural areas,
 2703  and the restoration of natural water storage, flow, and
 2704  recharge.
 2705         10. The state has embraced performance-based program
 2706  budgeting as a tool to evaluate the achievements of publicly
 2707  funded agencies, build in accountability, and reward those
 2708  agencies which are able to consistently achieve quantifiable
 2709  goals. While previous and existing state environmental programs
 2710  have achieved varying degrees of success, few of these programs
 2711  can be evaluated as to the extent of their achievements,
 2712  primarily because performance measures, standards, outcomes, and
 2713  goals were not established at the outset. Therefore, the Florida
 2714  Forever program shall be developed and implemented in the
 2715  context of measurable state goals and objectives.
 2716         11. The state must play a major role in the recovery and
 2717  management of its imperiled species through the acquisition,
 2718  restoration, enhancement, and management of ecosystems that can
 2719  support the major life functions of such species. It is the
 2720  intent of the Legislature to support local, state, and federal
 2721  programs that result in net benefit to imperiled species habitat
 2722  by providing public and private land owners meaningful
 2723  incentives for acquiring, restoring, managing, and repopulating
 2724  habitats for imperiled species. It is the further intent of the
 2725  Legislature that public lands, both existing and to be acquired,
 2726  identified by the lead land managing agency, in consultation
 2727  with the Florida Fish and Wildlife Conservation Commission for
 2728  animals or the Department of Agriculture and Consumer Services
 2729  for plants, as habitat or potentially restorable habitat for
 2730  imperiled species, be restored, enhanced, managed, and
 2731  repopulated as habitat for such species to advance the goals and
 2732  objectives of imperiled species management for conservation,
 2733  recreation, or both, consistent with the land management plan
 2734  purposes for which such lands are acquired without restricting
 2735  other uses identified in the management plan. It is also the
 2736  intent of the Legislature that of the proceeds distributed
 2737  pursuant to subsection (3), additional consideration be given to
 2738  acquisitions that achieve a combination of conservation goals,
 2739  including the restoration, enhancement, management, or
 2740  repopulation of habitat for imperiled species. The Acquisition
 2741  and Restoration council, in addition to the criteria in
 2742  subsection (9), shall give weight to projects that include
 2743  acquisition, restoration, management, or repopulation of habitat
 2744  for imperiled species. The term “imperiled species” as used in
 2745  this chapter and chapter 253, means plants and animals that are
 2746  federally listed under the Endangered Species Act, or state
 2747  listed by the Fish and Wildlife Conservation Commission or the
 2748  Department of Agriculture and Consumer Services.
 2749         a. As part of the state’s role, all state lands that have
 2750  imperiled species habitat shall include as a consideration in
 2751  management plan development the restoration, enhancement,
 2752  management, and repopulation of such habitats. In addition, the
 2753  lead land managing agency of such state lands may use fees
 2754  received from public or private entities for projects to offset
 2755  adverse impacts to imperiled species or their habitat in order
 2756  to restore, enhance, manage, repopulate, or acquire land and to
 2757  implement land management plans developed under s. 253.034 or a
 2758  land management prospectus developed and implemented under this
 2759  chapter. Such fees shall be deposited into a foundation or fund
 2760  created by each land management agency under s. 379.223, s.
 2761  589.012, or s. 259.032(9)(c), to be used solely to restore,
 2762  manage, enhance, repopulate, or acquire imperiled species
 2763  habitat.
 2764         b.Where habitat or potentially restorable habitat for
 2765  imperiled species is located on state lands, the Fish and
 2766  Wildlife Conservation Commission and the Department of
 2767  Agriculture and Consumer Services shall be included on any
 2768  advisory group required under chapter 253, and the short-term
 2769  and long-term management goals required under chapter 253 must
 2770  advance the goals and objectives of imperiled species management
 2771  consistent with the purposes for which the land was acquired
 2772  without restricting other uses identified in the management
 2773  plan.
 2774         12. There is a need to change the focus and direction of
 2775  the state’s major land acquisition programs and to extend
 2776  funding and bonding capabilities, so that future generations may
 2777  enjoy the natural resources of this state.
 2778         (3) Less the costs of issuing and the costs of funding
 2779  reserve accounts and other costs associated with bonds, the
 2780  proceeds of cash payments or bonds issued pursuant to this
 2781  section shall be deposited into the Florida Forever Trust Fund
 2782  created by s. 259.1051. The proceeds shall be distributed by the
 2783  department of Environmental Protection in the following manner:
 2784         (i) Three and five-tenths percent to the Department of
 2785  Agriculture and Consumer Services for the acquisition of
 2786  agricultural lands, through perpetual conservation easements and
 2787  other perpetual less than fee less-than-fee techniques, which
 2788  will achieve the objectives of Florida Forever and s. 570.71.
 2789  Rules concerning the application, acquisition, and priority
 2790  ranking process for such easements shall be developed pursuant
 2791  to s. 570.71(10) and as provided by this paragraph. The board
 2792  shall ensure that such rules are consistent with the acquisition
 2793  process provided for in s. 570.715 259.041. Provisions of The
 2794  rules developed pursuant to s. 570.71(10), shall also provide
 2795  for the following:
 2796         1. An annual priority list shall be developed pursuant to
 2797  s. 570.71(10), submitted to the Acquisition and Restoration
 2798  council for review, and approved by the board pursuant to s.
 2799  259.04.
 2800         2. Terms of easements and acquisitions proposed pursuant to
 2801  this paragraph shall be approved by the board and may shall not
 2802  be delegated by the board to any other entity receiving funds
 2803  under this section.
 2804         3. All acquisitions pursuant to this paragraph shall
 2805  contain a clear statement that they are subject to legislative
 2806  appropriation.
 2807  
 2808  No Funds provided under this paragraph may not shall be expended
 2809  until final adoption of rules by the board pursuant to s.
 2810  570.71.
 2811         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2812  the agencies that receive the funds shall develop their
 2813  individual acquisition or restoration lists in accordance with
 2814  specific criteria and numeric performance measures developed
 2815  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2816  they are identified within the original project boundary, the
 2817  management plan required pursuant to s. 253.034(5), or the
 2818  management prospectus required pursuant to s. 259.032(7)(c)
 2819  259.032(7)(d). Proposed additions not meeting the requirements
 2820  of this paragraph shall be submitted to the Acquisition and
 2821  Restoration council for approval. The council may only approve
 2822  the proposed addition if it meets two or more of the following
 2823  criteria: serves as a link or corridor to other publicly owned
 2824  property; enhances the protection or management of the property;
 2825  would add a desirable resource to the property; would create a
 2826  more manageable boundary configuration; has a high resource
 2827  value that otherwise would be unprotected; or can be acquired at
 2828  less than fair market value.
 2829         (10) The Acquisition and Restoration council shall give
 2830  increased priority to:
 2831         (a)those Projects for which matching funds are available.
 2832         (b)and to Project elements previously identified on an
 2833  acquisition list pursuant to this section that can be acquired
 2834  at 80 percent or less of appraised value.
 2835         (c)Projects that can be acquired in less than fee
 2836  ownership, such as a permanent conservation easement.
 2837         (d)Projects that contribute to improving the quality and
 2838  quantity of surface water and groundwater.
 2839         (e)Projects that contribute to improving the water quality
 2840  and flow of springs.
 2841         (f)The council shall also give increased priority to those
 2842  Projects for which where the state’s land conservation plans
 2843  overlap with the military’s need to protect lands, water, and
 2844  habitat to ensure the sustainability of military missions
 2845  including:
 2846         1.(a) Protecting habitat on nonmilitary land for any
 2847  species found on military land that is designated as threatened
 2848  or endangered, or is a candidate for such designation under the
 2849  Endangered Species Act or any Florida statute;
 2850         2.(b) Protecting areas underlying low-level military air
 2851  corridors or operating areas; and
 2852         3.(c) Protecting areas identified as clear zones, accident
 2853  potential zones, and air installation compatible use buffer
 2854  zones delineated by our military partners, and for which federal
 2855  or other funding is available to assist with the project.
 2856         (13) An affirmative vote of at least five members of the
 2857  Acquisition and Restoration council shall be required in order
 2858  to place a proposed project submitted pursuant to subsection (7)
 2859  on the proposed project list developed pursuant to subsection
 2860  (8). Any member of the council who by family or a business
 2861  relationship has a connection with any project proposed to be
 2862  ranked shall declare such interest before prior to voting for a
 2863  project’s inclusion on the list.
 2864         (15) The Acquisition and Restoration council shall submit
 2865  to the board of trustees, with its list of projects, a report
 2866  that includes, but need shall not be limited to, the following
 2867  information for each project listed:
 2868         (i) A management policy statement for the project and a
 2869  management prospectus pursuant to s. 259.032(7)(c)
 2870  259.032(7)(d).
 2871         (19) The Acquisition and Restoration council shall
 2872  recommend adoption of rules by the board of trustees necessary
 2873  to implement the provisions of this section relating to:
 2874  solicitation, scoring, selecting, and ranking of Florida Forever
 2875  project proposals; disposing of or leasing lands or water areas
 2876  selected for funding through the Florida Forever program; and
 2877  the process of reviewing and recommending for approval or
 2878  rejection the land management plans associated with publicly
 2879  owned properties. Rules promulgated pursuant to this subsection
 2880  shall be submitted to the President of the Senate and the
 2881  Speaker of the House of Representatives, for review by the
 2882  Legislature, no later than 30 days prior to the 2010 Regular
 2883  Session and shall become effective only after legislative
 2884  review. In its review, the Legislature may reject, modify, or
 2885  take no action relative to such rules. The board of trustees
 2886  shall conform such rules to changes made by the Legislature, or,
 2887  if no action was taken by the Legislature, such rules shall
 2888  become effective.
 2889         Section 22. Subsections (6) and (7) of section 259.1052,
 2890  Florida Statutes, are amended to read:
 2891         259.1052 Babcock Crescent B Ranch Florida Forever
 2892  acquisition; conditions for purchase.—
 2893         (6)In addition to distributions authorized under s.
 2894  259.105(3), the Department of Environmental Protection is
 2895  authorized to distribute $310 million in revenues from the
 2896  Florida Forever Trust Fund. This distribution shall represent
 2897  payment in full for the portion of the Babcock Crescent B Ranch
 2898  to be acquired by the state under this section.
 2899         (7)As used in this section, the term “state’s portion of
 2900  the Babcock Crescent B Ranch” comprises those lands to be
 2901  conveyed by special warranty deed to the Board of Trustees of
 2902  the Internal Improvement Trust Fund under the provisions of the
 2903  agreement for sale and purchase executed by the Board of
 2904  Trustees of the Internal Improvement Trust Fund, the Fish and
 2905  Wildlife Conservation Commission, the Department of Agriculture
 2906  and Consumer Services, and the participating local government,
 2907  as purchaser, and MSKP, III, a Florida corporation, as seller.
 2908         Section 23. Section 570.715, Florida Statutes, is created,
 2909  and subsection (7) of section 259.041, Florida Statutes, is
 2910  transferred, renumbered as subsection (5) of section 570.715,
 2911  Florida Statutes, and amended, to read:
 2912         570.715Conservation easement acquisition procedures.—
 2913         (1)For less than fee simple acquisitions pursuant to s.
 2914  570.71, the Department of Agriculture and Consumer Services
 2915  shall comply with the following acquisition procedures:
 2916         (a)Before conveyance of title by the department, evidence
 2917  of marketable title in the form of a commitment for title
 2918  insurance or an abstract of title with a title opinion shall be
 2919  obtained.
 2920         (b)Before approval by the board of trustees of an
 2921  agreement to purchase less than fee simple title to land
 2922  pursuant to s. 570.71, an appraisal of the parcel shall be
 2923  required as follows:
 2924         1.Each parcel to be acquired shall have at least one
 2925  appraisal. Two appraisals are required when the estimated value
 2926  of the parcel exceeds $1 million. However, when both appraisals
 2927  exceed $1 million and differ significantly, a third appraisal
 2928  may be obtained.
 2929         2.Appraisal fees and associated costs shall be paid by the
 2930  department. All appraisals used for the acquisition of less than
 2931  fee simple interest in lands pursuant to this section shall be
 2932  prepared by a state-certified appraiser who meets the standards
 2933  and criteria established by rule of the board of trustees. Each
 2934  appraiser selected to appraise a particular parcel shall, before
 2935  contracting with the department or a participant in a multiparty
 2936  agreement, submit to the department or participant an affidavit
 2937  substantiating that he or she has no vested or fiduciary
 2938  interest in such parcel.
 2939         (c)A certified survey must be made that meets the minimum
 2940  requirements for upland parcels established in the Standards of
 2941  Practice for Land Surveying in Florida published by the
 2942  department and that accurately portrays, to the greatest extent
 2943  practicable, the condition of the parcel as it currently exists.
 2944  The requirement for a certified survey may, in whole or in part,
 2945  be waived by the board of trustees any time before acquisition
 2946  of the less than fee simple interest. If an existing boundary
 2947  map and description of a parcel are determined by the department
 2948  to be sufficient for appraisal purposes, the department may
 2949  temporarily waive the requirement for a survey until any time
 2950  before conveyance of title to the parcel.
 2951         (d)On behalf of the board of trustees and before the
 2952  appraisal of parcels approved for purchase under ss.
 2953  259.105(3)(i) and 570.71, the department may enter into option
 2954  contracts to buy less than fee simple interest in such parcels.
 2955  Any such option contract shall state that the final purchase
 2956  price is subject to approval by the board of trustees and that
 2957  the final purchase price may not exceed the maximum offer
 2958  authorized by law. Any such option contract presented to the
 2959  board of trustees for final purchase price approval shall
 2960  explicitly state that payment of the final purchase price is
 2961  subject to an appropriation by the Legislature. The
 2962  consideration for any such option contract may not exceed $1,000
 2963  or 0.01 percent of the estimate by the department of the value
 2964  of the parcel, whichever amount is greater.
 2965         (e)A final offer shall be in the form of an option
 2966  contract or agreement for purchase of the less than fee simple
 2967  interest and shall be signed and attested to by the owner and
 2968  the department. Before the department signs the agreement for
 2969  purchase of the less than fee simple interest or exercises the
 2970  option contract, the requirements of s. 286.23 shall be complied
 2971  with.
 2972         (f)The procedures provided in s. 253.025(9)(a)–(d) and
 2973  (10) shall be followed.
 2974         (2)If the public’s interest is reasonably protected, the
 2975  board of trustees may:
 2976         (a)Waive any requirement of this section.
 2977         (b)Waive any rules adopted pursuant to s. 570.71,
 2978  notwithstanding chapter 120.
 2979         (c)Substitute any other reasonably prudent procedures,
 2980  including federally mandated acquisition procedures, for the
 2981  procedures in this section, if federal funds are available and
 2982  will be used for the purchase of a less than fee simple interest
 2983  in lands, title to which will vest in the board of trustees, and
 2984  qualification for such federal funds requires compliance with
 2985  federally mandated acquisition procedures.
 2986         (3)The less than fee simple land acquisition procedures
 2987  provided in this section are for voluntary, negotiated
 2988  acquisitions.
 2989         (4)For purposes of this section, the term “negotiations”
 2990  does not include preliminary contacts with the property owner to
 2991  determine availability or eligibility of the property, existing
 2992  appraisal data, existing abstracts, and surveys.
 2993         (5)(7)Prior to approval by the board of trustees or, when
 2994  applicable, the Department of Environmental Protection, of any
 2995  agreement to purchase land pursuant to this chapter, chapter
 2996  260, or chapter 375, and prior to negotiations with the parcel
 2997  owner to purchase any other land, title to which will vest in
 2998  the board of trustees, an appraisal of the parcel shall be
 2999  required as follows:
 3000         (a)The board of trustees shall adopt by rule the method
 3001  for determining the value of parcels sought to be acquired by
 3002  state agencies pursuant to this section.
 3003         (b)Each parcel to be acquired shall have at least one
 3004  appraisal. Two appraisals are required when the estimated value
 3005  of the parcel exceeds $1 million. However, when both appraisals
 3006  exceed $1 million and differ significantly, a third appraisal
 3007  may be obtained. When a parcel is estimated to be worth $100,000
 3008  or less and the director of the Division of State Lands finds
 3009  that the cost of obtaining an outside appraisal is not
 3010  justified, an appraisal prepared by the division may be used.
 3011         (c)Appraisal fees and associated costs shall be paid by
 3012  the agency proposing the acquisition. The board of trustees
 3013  shall approve qualified fee appraisal organizations. All
 3014  appraisals used for the acquisition of lands pursuant to this
 3015  section shall be prepared by a member of an approved appraisal
 3016  organization or by a state-certified appraiser who meets the
 3017  standards and criteria established in rule by the board of
 3018  trustees. Each fee appraiser selected to appraise a particular
 3019  parcel shall, prior to contracting with the agency or a
 3020  participant in a multiparty agreement, submit to that agency or
 3021  participant an affidavit substantiating that he or she has no
 3022  vested or fiduciary interest in such parcel.
 3023         (d)The fee appraiser and the review appraiser for the
 3024  agency shall not act in any way that may be construed as
 3025  negotiating with the property owner.
 3026         (e)Generally, Appraisal reports are confidential and
 3027  exempt from the provisions of s. 119.07(1), for use by the
 3028  department agency and the board of trustees, until an option
 3029  contract is executed or, if an no option contract is not
 3030  executed, until 2 weeks before a contract or agreement for
 3031  purchase is considered for approval by the board of trustees.
 3032  However, the department has the authority, at its discretion, to
 3033  disclose appraisal reports to private landowners during
 3034  negotiations for acquisitions using alternatives to fee simple
 3035  techniques, if the department determines that disclosure of such
 3036  reports will bring the proposed acquisition to closure. The
 3037  department Division of State Lands may also disclose appraisal
 3038  information to public agencies or nonprofit organizations that
 3039  agree to maintain the confidentiality of the reports or
 3040  information when joint acquisition of property is contemplated,
 3041  or when a public agency or nonprofit organization enters into a
 3042  written multiparty agreement with the department division to
 3043  purchase and hold property for subsequent resale to the
 3044  division. In addition, the division may use, as its own,
 3045  appraisals obtained by a public agency or nonprofit
 3046  organization, provided the appraiser is selected from the
 3047  division’s list of appraisers and the appraisal is reviewed and
 3048  approved by the division. For the purposes of this subsection
 3049  chapter, the term “nonprofit organization” means an organization
 3050  whose purposes include the preservation of natural resources,
 3051  and which is exempt from federal income tax under s. 501(c)(3)
 3052  of the Internal Revenue Code. The department agency may release
 3053  an appraisal report when the passage of time has rendered the
 3054  conclusions of value in the report invalid or when the
 3055  department acquiring agency has terminated negotiations.
 3056         (f)The Division of State Lands may use, as its own,
 3057  appraisals obtained by a public agency or nonprofit
 3058  organization, provided that the appraiser is selected from the
 3059  division’s list of appraisers and the appraisal is reviewed and
 3060  approved by the division. For the purposes of this chapter, the
 3061  term “nonprofit organization” means an organization whose
 3062  purposes include the preservation of natural resources and which
 3063  is exempt from federal income tax under s. 501(c)(3) of the
 3064  Internal Revenue Code.
 3065  
 3066  Notwithstanding the provisions of this subsection, on behalf of
 3067  the board and before the appraisal of parcels approved for
 3068  purchase under this chapter, the Secretary of Environmental
 3069  Protection or the director of the Division of State Lands may
 3070  enter into option contracts to buy such parcels. Any such option
 3071  contract shall state that the final purchase price is subject to
 3072  approval by the board or, when applicable, the secretary and
 3073  that the final purchase price may not exceed the maximum offer
 3074  allowed by law. Any such option contract presented to the board
 3075  for final purchase price approval shall explicitly state that
 3076  payment of the final purchase price is subject to an
 3077  appropriation from the Legislature. The consideration for such
 3078  an option may not exceed $1,000 or 0.01 percent of the estimate
 3079  by the department of the value of the parcel, whichever amount
 3080  is greater.
 3081         Section 24. Subsections (1), (3), and (7) of section
 3082  373.089, Florida Statutes, are amended, and subsection (8) is
 3083  added to that section, to read:
 3084         373.089 Sale or exchange of lands, or interests or rights
 3085  in lands.—The governing board of the district may sell lands, or
 3086  interests or rights in lands, to which the district has acquired
 3087  title or to which it may hereafter acquire title in the
 3088  following manner:
 3089         (1) Any lands, or interests or rights in lands, determined
 3090  by the governing board to be surplus may be sold by the
 3091  district, at any time, for the highest price obtainable;
 3092  however, in no case shall the selling price be less than the
 3093  appraised value of the lands, or interests or rights in lands,
 3094  as determined by a certified appraisal obtained within 360 120
 3095  days before the effective date of a contract for sale.
 3096         (3) Before selling any surplus land, or interests or rights
 3097  in land, it shall be the duty of the district to cause a notice
 3098  of intention to sell to be published in a newspaper published in
 3099  the county in which the land, or interests or rights in the
 3100  land, is situated once each week for 3 successive weeks, (three
 3101  insertions being sufficient.), The first publication of the
 3102  required notice must occur at least which shall be not less than
 3103  30 days, but not nor more than 360 45 days, before prior to any
 3104  sale and must include, which notice shall set forth a
 3105  description of lands, or interests or rights in lands, to be
 3106  offered for sale.
 3107         (7) Notwithstanding other provisions of this section, the
 3108  governing board shall first offer title to lands acquired in
 3109  whole or in part with Florida Forever funds which are determined
 3110  to be no longer needed for conservation purposes to the Board of
 3111  Trustees of the Internal Improvement Trust Fund unless the
 3112  disposition of those lands is for the following purposes:
 3113         (a) Linear facilities, including electric transmission and
 3114  distribution facilities, telecommunication transmission and
 3115  distribution facilities, pipeline transmission and distribution
 3116  facilities, public transportation corridors, and related
 3117  appurtenances.
 3118         (b) The disposition of the fee interest in the land where a
 3119  conservation easement is retained by the district to fulfill the
 3120  conservation objectives for which the land was acquired.
 3121         (c) An exchange of the land for other lands that meet or
 3122  exceed the conservation objectives for which the original land
 3123  was acquired in accordance with subsection (4).
 3124         (d) To be used by a governmental entity for a public
 3125  purpose.
 3126         (e) The portion of an overall purchase deemed surplus at
 3127  the time of the acquisition.
 3128         (8)If a parcel of land is no longer essential or necessary
 3129  for conservation purposes and is valued at $25,000 or less as
 3130  determined by a certified appraisal obtained within 360 days
 3131  before the effective date of a contract for the sale, the
 3132  governing board may determine that the parcel of land is
 3133  surplus. The notice of intention to sell must be published as
 3134  required under subsection (3), one time only. The governing
 3135  board shall send the notice of intention to sell the parcel to
 3136  adjacent property owners by certified mail and publish the
 3137  notice on its website.
 3138         (a) Fourteen days after publication of such notice, the
 3139  district may sell the parcel to an adjacent property owner or,
 3140  if there are two or more owners of adjacent property, accept
 3141  sealed bids and sell the parcel to the highest bidder or reject
 3142  all offers.
 3143         (b) Thirty days after publication of such notice, the
 3144  district shall accept sealed bids and may sell the parcel to the
 3145  highest bidder or reject all offers.
 3146  
 3147  If In the event the Board of Trustees of the Internal
 3148  Improvement Trust Fund declines to accept title to the lands
 3149  offered under this section, the land may be disposed of by the
 3150  district under the provisions of this section.
 3151         Section 25. Paragraph (d) of subsection (1) of section
 3152  73.015, Florida Statutes, is amended to read:
 3153         73.015 Presuit negotiation.—
 3154         (1) Effective July 1, 2000, before an eminent domain
 3155  proceeding is brought under this chapter or chapter 74, the
 3156  condemning authority must attempt to negotiate in good faith
 3157  with the fee owner of the parcel to be acquired, must provide
 3158  the fee owner with a written offer and, if requested, a copy of
 3159  the appraisal upon which the offer is based, and must attempt to
 3160  reach an agreement regarding the amount of compensation to be
 3161  paid for the parcel.
 3162         (d) Notwithstanding this subsection, with respect to lands
 3163  acquired under s. 253.025 259.041, the condemning authority is
 3164  not required to give the fee owner the current appraisal before
 3165  executing an option contract.
 3166         Section 26. Paragraph (b) of subsection (1) of section
 3167  125.355, Florida Statutes, is amended to read:
 3168         125.355 Proposed purchase of real property by county;
 3169  confidentiality of records; procedure.—
 3170         (1)
 3171         (b) If the exemptions provided in this section are
 3172  utilized, the governing body shall obtain at least one appraisal
 3173  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3174  for each purchase in an amount of not more than $500,000. For
 3175  each purchase in an amount in excess of $500,000, the governing
 3176  body shall obtain at least two appraisals by appraisers approved
 3177  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3178  price exceeds the average appraised price of the two appraisals,
 3179  the governing body is required to approve the purchase by an
 3180  extraordinary vote. The governing body may, by ordinary vote,
 3181  exempt a purchase in an amount of $100,000 or less from the
 3182  requirement for an appraisal.
 3183         Section 27. Paragraph (b) of subsection (1) of section
 3184  166.045, Florida Statutes, is amended to read:
 3185         166.045 Proposed purchase of real property by municipality;
 3186  confidentiality of records; procedure.—
 3187         (1)
 3188         (b) If the exemptions provided in this section are
 3189  utilized, the governing body shall obtain at least one appraisal
 3190  by an appraiser approved pursuant to s. 253.025 253.025(6)(b)
 3191  for each purchase in an amount of not more than $500,000. For
 3192  each purchase in an amount in excess of $500,000, the governing
 3193  body shall obtain at least two appraisals by appraisers approved
 3194  pursuant to s. 253.025 253.025(6)(b). If the agreed purchase
 3195  price exceeds the average appraised price of the two appraisals,
 3196  the governing body is required to approve the purchase by an
 3197  extraordinary vote. The governing body may, by ordinary vote,
 3198  exempt a purchase in an amount of $100,000 or less from the
 3199  requirement for an appraisal.
 3200         Section 28. Subsection (2) of section 215.82, Florida
 3201  Statutes, is amended to read:
 3202         215.82 Validation; when required.—
 3203         (2) Any bonds issued pursuant to this act which are
 3204  validated shall be validated in the manner provided by chapter
 3205  75. In actions to validate bonds to be issued in the name of the
 3206  State Board of Education under s. 9(a) and (d), Art. XII of the
 3207  State Constitution and bonds to be issued pursuant to chapter
 3208  259, the Land Conservation Program Act of 1972, the complaint
 3209  shall be filed in the circuit court of the county where the seat
 3210  of state government is situated, the notice required to be
 3211  published by s. 75.06 shall be published only in the county
 3212  where the complaint is filed, and the complaint and order of the
 3213  circuit court shall be served only on the state attorney of the
 3214  circuit in which the action is pending. In any action to
 3215  validate bonds issued pursuant to s. 1010.62 or issued pursuant
 3216  to s. 9(a)(1), Art. XII of the State Constitution or issued
 3217  pursuant to s. 215.605 or s. 338.227, the complaint shall be
 3218  filed in the circuit court of the county where the seat of state
 3219  government is situated, the notice required to be published by
 3220  s. 75.06 shall be published in a newspaper of general
 3221  circulation in the county where the complaint is filed and in
 3222  two other newspapers of general circulation in the state, and
 3223  the complaint and order of the circuit court shall be served
 3224  only on the state attorney of the circuit in which the action is
 3225  pending; provided, however, that if publication of notice
 3226  pursuant to this section would require publication in more
 3227  newspapers than would publication pursuant to s. 75.06, such
 3228  publication shall be made pursuant to s. 75.06.
 3229         Section 29. Section 215.965, Florida Statutes, is amended
 3230  to read:
 3231         215.965 Disbursement of state moneys.—Except as provided in
 3232  s. 17.076, s. 253.025(17) 253.025(14), s. 259.041(18), s.
 3233  717.124(4)(b) and (c), s. 732.107(5), or s. 733.816(5), all
 3234  moneys in the State Treasury shall be disbursed by state
 3235  warrant, drawn by the Chief Financial Officer upon the State
 3236  Treasury and payable to the ultimate beneficiary. This
 3237  authorization shall include electronic disbursement.
 3238         Section 30. Subsection (8) of section 253.027, Florida
 3239  Statutes, is amended to read:
 3240         253.027 Emergency archaeological property acquisition.—
 3241         (8) WAIVER OF APPRAISALS OR SURVEYS.—The Board of Trustees
 3242  of the Internal Improvement Trust Fund may waive or limit any
 3243  appraisal or survey requirements in s. 253.025 259.041, if
 3244  necessary to effectuate the purposes of this section. Fee simple
 3245  title is not required to be conveyed if some lesser interest
 3246  will allow the preservation of the archaeological resource.
 3247  Properties purchased pursuant to this section shall be
 3248  considered archaeologically unique or significant properties and
 3249  may be purchased under the provisions of s. 253.025(9)
 3250  253.025(7).
 3251         Section 31. Section 253.7824, Florida Statutes, is amended
 3252  to read:
 3253         253.7824 Sale of products; proceeds.—The Department of
 3254  Environmental Protection may authorize the removal and sale of
 3255  products from the land where environmentally appropriate, the
 3256  proceeds from which shall be deposited into the appropriate
 3257  trust fund in accordance with the same disposition provided
 3258  under s. 253.0341 253.034(6)(k), (l), or (m) applicable to the
 3259  sale of land.
 3260         Section 32. Paragraphs (b) and (c) of subsection (2) of
 3261  section 260.015, Florida Statutes, are amended to read:
 3262         260.015 Acquisition of land.—
 3263         (2) For purposes of the Florida Greenways and Trails
 3264  Program, the board may:
 3265         (b) Accept title to abandoned railroad rights-of-way which
 3266  is conveyed by quitclaim deed through purchase, dedication,
 3267  gift, grant, or settlement, notwithstanding s. 253.025
 3268  259.041(1).
 3269         (c) Enter into an agreement or, upon delegation, the
 3270  department may enter into an agreement, with a nonprofit
 3271  corporation, as defined in s. 253.025 259.041(7)(e), to assume
 3272  responsibility for acquisition of lands pursuant to this
 3273  section. The agreement may transfer responsibility for all
 3274  matters which may be delegated or waived pursuant to s. 253.025
 3275  259.041(1).
 3276         Section 33. Paragraph (b) of subsection (3) of section
 3277  260.016, Florida Statutes, is amended to read:
 3278         260.016 General powers of the department.—
 3279         (3) The department or its designee is authorized to
 3280  negotiate with potentially affected private landowners as to the
 3281  terms under which such landowners would consent to the public
 3282  use of their lands as part of the greenways and trails system.
 3283  The department shall be authorized to agree to incentives for a
 3284  private landowner who consents to this public use of his or her
 3285  lands for conservation or recreational purposes, including, but
 3286  not limited to, the following:
 3287         (b) Agreement to exchange, subject to the approval of the
 3288  board of Trustees of the Internal Improvement Trust Fund or
 3289  other applicable unit of government, ownership or other rights
 3290  of use of public lands for the ownership or other rights of use
 3291  of privately owned lands. Any exchange of state-owned lands,
 3292  title to which is vested in the board of Trustees of the
 3293  Internal Improvement Trust Fund, for privately owned lands shall
 3294  be subject to the requirements of s. 253.025 259.041.
 3295         Section 34. Subsections (6) and (7) of section 369.317,
 3296  Florida Statutes, are amended to read:
 3297         369.317 Wekiva Parkway.—
 3298         (6) The Central Florida Expressway Authority is hereby
 3299  granted the authority to act as a third-party acquisition agent,
 3300  pursuant to s. 253.025 259.041 on behalf of the Board of
 3301  Trustees of the Internal Improvement Trust Fund or chapter 373
 3302  on behalf of the governing board of the St. Johns River Water
 3303  Management District, for the acquisition of all necessary lands,
 3304  property and all interests in property identified herein,
 3305  including fee simple or less than fee less-than-fee simple
 3306  interests. The lands subject to this authority are identified in
 3307  paragraph 10.a., State of Florida, Office of the Governor,
 3308  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 3309  of the Wekiva Basin Area Task Force created by Executive Order
 3310  2002-259, such lands otherwise known as Neighborhood Lakes, a
 3311  1,587+/-acre parcel located in Orange and Lake Counties within
 3312  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 3313  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 3314  Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
 3315  County within Section 37, Township 19 South, Range 28 East; New
 3316  Garden Coal; a 1,605+/-acre parcel in Lake County within
 3317  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 3318  East; Pine Plantation, a 617+/-acre tract consisting of eight
 3319  individual parcels within the Apopka City limits. The Department
 3320  of Transportation, the Department of Environmental Protection,
 3321  the St. Johns River Water Management District, and other land
 3322  acquisition entities shall participate and cooperate in
 3323  providing information and support to the third-party acquisition
 3324  agent. The land acquisition process authorized by this paragraph
 3325  shall begin no later than December 31, 2004. Acquisition of the
 3326  properties identified as Neighborhood Lakes, Pine Plantation,
 3327  and New Garden Coal, or approval as a mitigation bank shall be
 3328  concluded no later than December 31, 2010. Department of
 3329  Transportation and Central Florida Expressway Authority funds
 3330  expended to purchase an interest in those lands identified in
 3331  this subsection shall be eligible as environmental mitigation
 3332  for road construction related impacts in the Wekiva Study Area.
 3333  If any of the lands identified in this subsection are used as
 3334  environmental mitigation for road-construction-related impacts
 3335  incurred by the Department of Transportation or Central Florida
 3336  Expressway Authority, or for other impacts incurred by other
 3337  entities, within the Wekiva Study Area or within the Wekiva
 3338  parkway alignment corridor, and if the mitigation offsets these
 3339  impacts, the St. Johns River Water Management District and the
 3340  Department of Environmental Protection shall consider the
 3341  activity regulated under part IV of chapter 373 to meet the
 3342  cumulative impact requirements of s. 373.414(8)(a).
 3343         (a) Acquisition of the land described in this section is
 3344  required to provide right-of-way for the Wekiva Parkway, a
 3345  limited access roadway linking State Road 429 to Interstate 4,
 3346  an essential component in meeting regional transportation needs
 3347  to provide regional connectivity, improve safety, accommodate
 3348  projected population and economic growth, and satisfy critical
 3349  transportation requirements caused by increased traffic volume
 3350  growth and travel demands.
 3351         (b) Acquisition of the lands described in this section is
 3352  also required to protect the surface water and groundwater
 3353  resources of Lake, Orange, and Seminole counties, otherwise
 3354  known as the Wekiva Study Area, including recharge within the
 3355  springshed that provides for the Wekiva River system. Protection
 3356  of this area is crucial to the long term viability of the Wekiva
 3357  River and springs and the central Florida region’s water supply.
 3358  Acquisition of the lands described in this section is also
 3359  necessary to alleviate pressure from growth and development
 3360  affecting the surface and groundwater resources within the
 3361  recharge area.
 3362         (c) Lands acquired pursuant to this section that are needed
 3363  for transportation facilities for the Wekiva Parkway shall be
 3364  determined not necessary for conservation purposes pursuant to
 3365  ss. 253.0341 253.034(6) and 373.089(5) and shall be transferred
 3366  to or retained by the Central Florida Expressway Authority or
 3367  the Department of Transportation upon reimbursement of the full
 3368  purchase price and acquisition costs.
 3369         (7) The Department of Transportation, the Department of
 3370  Environmental Protection, the St. Johns River Water Management
 3371  District, Central Florida Expressway Authority, and other land
 3372  acquisition entities shall cooperate and establish funding
 3373  responsibilities and partnerships by agreement to the extent
 3374  funds are available to the various entities. Properties acquired
 3375  with Florida Forever funds shall be in accordance with s.
 3376  253.025 259.041 or chapter 373. The Central Florida Expressway
 3377  Authority shall acquire land in accordance with this section of
 3378  law to the extent funds are available from the various funding
 3379  partners; however, the authority is, but shall not be required
 3380  or nor assumed to fund the land acquisition beyond the agreement
 3381  and funding provided by the various land acquisition entities.
 3382         Section 35. Paragraph (a) of subsection (3) of section
 3383  373.139, Florida Statutes, is amended to read:
 3384         373.139 Acquisition of real property.—
 3385         (3) The initial 5-year work plan and any subsequent
 3386  modifications or additions thereto shall be adopted by each
 3387  water management district after a public hearing. Each water
 3388  management district shall provide at least 14 days’ advance
 3389  notice of the hearing date and shall separately notify each
 3390  county commission within which a proposed work plan project or
 3391  project modification or addition is located of the hearing date.
 3392         (a) Appraisal reports, offers, and counteroffers are
 3393  confidential and exempt from the provisions of s. 119.07(1)
 3394  until an option contract is executed or, if no option contract
 3395  is executed, until 30 days before a contract or agreement for
 3396  purchase is considered for approval by the governing board.
 3397  However, each district may, at its discretion, disclose
 3398  appraisal reports to private landowners during negotiations for
 3399  acquisitions using alternatives to fee simple techniques, if the
 3400  district determines that disclosure of such reports will bring
 3401  the proposed acquisition to closure. If In the event that
 3402  negotiation is terminated by the district, the appraisal report,
 3403  offers, and counteroffers shall become available pursuant to s.
 3404  119.07(1). Notwithstanding the provisions of this section and s.
 3405  253.025 259.041, a district and the Division of State Lands may
 3406  share and disclose appraisal reports, appraisal information,
 3407  offers, and counteroffers when joint acquisition of property is
 3408  contemplated. A district and the Division of State Lands shall
 3409  maintain the confidentiality of such appraisal reports,
 3410  appraisal information, offers, and counteroffers in conformance
 3411  with this section and s. 253.025 259.041, except in those cases
 3412  in which a district and the division have exercised discretion
 3413  to disclose such information. A district may disclose appraisal
 3414  information, offers, and counteroffers to a third party who has
 3415  entered into a contractual agreement with the district to work
 3416  with or on the behalf of or to assist the district in connection
 3417  with land acquisitions. The third party shall maintain the
 3418  confidentiality of such information in conformance with this
 3419  section. In addition, a district may use, as its own, appraisals
 3420  obtained by a third party provided the appraiser is selected
 3421  from the district’s list of approved appraisers and the
 3422  appraisal is reviewed and approved by the district.
 3423         Section 36. Subsection (8) of section 375.031, Florida
 3424  Statutes, is amended to read:
 3425         375.031 Acquisition of land; procedures.—
 3426         (8) The department may, if it deems it desirable and in the
 3427  best interest of the program, request the board of trustees to
 3428  sell or otherwise dispose of any lands or water storage areas
 3429  acquired under this act. The board of trustees, when so
 3430  requested, shall offer the lands or water storage areas, on such
 3431  terms as the department may determine, first to other state
 3432  agencies and then, if still available, to the county or
 3433  municipality in which the lands or water storage areas lie. If
 3434  not acquired by another state agency or local governmental body
 3435  for beneficial public purposes, the lands or water storage areas
 3436  shall then be offered by the board of trustees at public sale,
 3437  after first giving notice of such sale by publication in a
 3438  newspaper published in the county or counties in which such
 3439  lands or water storage areas lie not less than once a week for 3
 3440  consecutive weeks. All proceeds from the sale or disposition of
 3441  any lands or water storage areas pursuant to this section shall
 3442  be deposited into the appropriate trust fund pursuant to s.
 3443  253.0341 253.034(6)(k), (l), or (m).
 3444         Section 37. Subsection (2) of section 375.041, Florida
 3445  Statutes, is amended to read:
 3446         375.041 Land Acquisition Trust Fund.—
 3447         (2) All moneys and revenue from the sale or other
 3448  disposition of land, water areas, or related resources acquired
 3449  on or after July 1, 2015, for the purposes of s. 28, Art. X of
 3450  the State Constitution shall be deposited into or credited to
 3451  the Land Acquisition Trust Fund, except as otherwise provided
 3452  pursuant to s. 253.0341 253.034(6)(l).
 3453         Section 38. Paragraph (a) of subsection (1) of section
 3454  380.05, Florida Statutes, is amended to read:
 3455         380.05 Areas of critical state concern.—
 3456         (1)(a) The state land planning agency may from time to time
 3457  recommend to the Administration Commission specific areas of
 3458  critical state concern. In its recommendation, the agency shall
 3459  include recommendations with respect to the purchase of lands
 3460  situated within the boundaries of the proposed area as
 3461  environmentally endangered lands and outdoor recreation lands
 3462  under the Land Conservation Program Act of 1972. The agency also
 3463  shall include any report or recommendation of a resource
 3464  planning and management committee appointed pursuant to s.
 3465  380.045; the dangers that would result from uncontrolled or
 3466  inadequate development of the area and the advantages that would
 3467  be achieved from the development of the area in a coordinated
 3468  manner; a detailed boundary description of the proposed area;
 3469  specific principles for guiding development within the area; an
 3470  inventory of lands owned by the state, federal, county, and
 3471  municipal governments within the proposed area; and a list of
 3472  the state agencies with programs that affect the purpose of the
 3473  designation. The agency shall recommend actions which the local
 3474  government and state and regional agencies must accomplish in
 3475  order to implement the principles for guiding development. These
 3476  actions may include, but need shall not be limited to, revisions
 3477  of the local comprehensive plan and adoption of land development
 3478  regulations, density requirements, and special permitting
 3479  requirements.
 3480         Section 39. Paragraph (b) of subsection (5) of section
 3481  380.055, Florida Statutes, is amended to read:
 3482         380.055 Big Cypress Area.—
 3483         (5) ACQUISITION OF BIG CYPRESS NATIONAL PRESERVE.—
 3484         (b) The Board of Trustees of the Internal Improvement Trust
 3485  Fund shall set aside from the proceeds of the full faith and
 3486  credit bonds authorized by the Land Conservation Program Act of
 3487  1972, or from other funds authorized, appropriated, or allocated
 3488  for the acquisition of environmentally endangered lands, or from
 3489  both sources, $40 million for acquisition of the area proposed
 3490  as the Federal Big Cypress National Preserve, Florida, or
 3491  portions thereof.
 3492         Section 40. Paragraph (f) of subsection (4) of section
 3493  380.508, Florida Statutes, is amended to read:
 3494         380.508 Projects; development, review, and approval.—
 3495         (4) Projects or activities which the trust undertakes,
 3496  coordinates, or funds in any manner shall comply with the
 3497  following guidelines:
 3498         (f) The trust shall cooperate with local governments, state
 3499  agencies, federal agencies, and nonprofit organizations in
 3500  ensuring the reservation of lands for parks, recreation, fish
 3501  and wildlife habitat, historical preservation, or scientific
 3502  study. If any local government, state agency, federal agency, or
 3503  nonprofit organization is unable, due to limited financial
 3504  resources or other circumstances of a temporary nature, to
 3505  acquire a site for the purposes described in this paragraph, the
 3506  trust may acquire and hold the site for subsequent conveyance to
 3507  the appropriate governmental agency or nonprofit organization.
 3508  The trust may provide such technical assistance as required to
 3509  aid local governments, state and federal agencies, and nonprofit
 3510  organizations in completing acquisition and related functions.
 3511  The trust may not reserve lands acquired in accordance with this
 3512  paragraph for more than 5 years from the time of acquisition. A
 3513  local government, federal or state agency, or nonprofit
 3514  organization may acquire the land at any time during this period
 3515  for public purposes. The purchase price shall be based upon the
 3516  trust’s cost of acquisition, plus administrative and management
 3517  costs in reserving the land. The payment of the purchase price
 3518  shall be by money, trust-approved property of an equivalent
 3519  value, or a combination of money and trust-approved property.
 3520  If, after the 5-year period, the trust has not sold to a
 3521  governmental agency or nonprofit organization land acquired for
 3522  site reservation, the trust shall dispose of such land at fair
 3523  market value or shall trade it for other land of comparable
 3524  value which will serve to accomplish the purposes of this part.
 3525  Any proceeds from the sale of such land received by the
 3526  department shall be deposited into the appropriate trust fund
 3527  pursuant to s. 253.0341 253.034(6)(k), (l), or (m).
 3528  
 3529  Project costs may include costs of providing parks, open space,
 3530  public access sites, scenic easements, and other areas and
 3531  facilities serving the public where such features are part of a
 3532  project plan approved according to this part. In undertaking or
 3533  coordinating projects or activities authorized by this part, the
 3534  trust shall, when appropriate, use and promote the use of
 3535  creative land acquisition methods, including the acquisition of
 3536  less than fee interest through, among other methods,
 3537  conservation easements, transfer of development rights, leases,
 3538  and leaseback arrangements. The trust shall assist local
 3539  governments in the use of sound alternative methods of financing
 3540  for funding projects and activities authorized under this part.
 3541  Any funds over and above eligible project costs, which remain
 3542  after completion of a project approved according to this part,
 3543  shall be transmitted to the state and deposited into the Florida
 3544  Forever Trust Fund.
 3545         Section 41. Section 589.07, Florida Statutes, is amended to
 3546  read:
 3547         589.07 Florida Forest Service may acquire lands for forest
 3548  purposes.—The Florida Forest Service, on behalf of the state and
 3549  subject to the restrictions mentioned in s. 589.08, may acquire
 3550  lands, suitable for state forest purposes, by gift, donation,
 3551  contribution, purchase, or otherwise and may enter into
 3552  agreements with the Federal Government, or other agency, for
 3553  acquiring by gift, purchase, or otherwise, such lands as are, in
 3554  the judgment of the Florida Forest Service, suitable and
 3555  desirable for state forests. The acquisition procedures for
 3556  state lands provided in s. 253.025 259.041 do not apply to
 3557  acquisition of land by the Florida Forest Service.
 3558         Section 42. Paragraphs (a) and (b) of subsection (4) of
 3559  section 944.10, Florida Statutes, are amended to read:
 3560         944.10 Department of Corrections to provide buildings; sale
 3561  and purchase of land; contracts to provide services and inmate
 3562  labor.—
 3563         (4)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3564  the department finds it to be necessary for timely site
 3565  acquisition, it may contract without the need for competitive
 3566  selection with one or more appraisers whose names are contained
 3567  on the list of approved appraisers maintained by the Division of
 3568  State Lands of the Department of Environmental Protection in
 3569  accordance with s. 253.025(8) 253.025(6)(b). In those instances
 3570  in which the department directly contracts for appraisal
 3571  services, it must also contract with an approved appraiser who
 3572  is not employed by the same appraisal firm for review services.
 3573         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3574  department may negotiate and enter into an option contract
 3575  before an appraisal is obtained. The option contract must state
 3576  that the final purchase price cannot exceed the maximum value
 3577  allowed by law. The consideration for such an option contract
 3578  may not exceed 10 percent of the estimate obtained by the
 3579  department or 10 percent of the value of the parcel, whichever
 3580  amount is greater.
 3581         Section 43. Subsections (6) and (7) of section 957.04,
 3582  Florida Statutes, are amended to read:
 3583         957.04 Contract requirements.—
 3584         (6) Notwithstanding s. 253.025(9) 253.025(7), the Board of
 3585  Trustees of the Internal Improvement Trust Fund need not approve
 3586  a lease-purchase agreement negotiated by the Department of
 3587  Management Services if the Department of Management Services
 3588  finds that there is a need to expedite the lease-purchase.
 3589         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
 3590  the Department of Management Services finds it to be in the best
 3591  interest of timely site acquisition, it may contract without the
 3592  need for competitive selection with one or more appraisers whose
 3593  names are contained on the list of approved appraisers
 3594  maintained by the Division of State Lands of the Department of
 3595  Environmental Protection in accordance with s. 253.025(8)
 3596  253.025(6)(b). In those instances when the Department of
 3597  Management Services directly contracts for appraisal services,
 3598  it shall also contract with an approved appraiser who is not
 3599  employed by the same appraisal firm for review services.
 3600         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3601  Department of Management Services may negotiate and enter into
 3602  lease-purchase agreements before an appraisal is obtained. Any
 3603  such agreement must state that the final purchase price cannot
 3604  exceed the maximum value allowed by law.
 3605         Section 44. Paragraphs (a) and (b) of subsection (12) of
 3606  section 985.682, Florida Statutes, are amended to read:
 3607         985.682 Siting of facilities; criteria.—
 3608         (12)(a) Notwithstanding s. 253.025 or s. 287.057, when the
 3609  department finds it necessary for timely site acquisition, it
 3610  may contract, without using the competitive selection procedure,
 3611  with an appraiser whose name is on the list of approved
 3612  appraisers maintained by the Division of State Lands of the
 3613  Department of Environmental Protection under s. 253.025(8)
 3614  253.025(6)(b). When the department directly contracts for
 3615  appraisal services, it must contract with an approved appraiser
 3616  who is not employed by the same appraisal firm for review
 3617  services.
 3618         (b) Notwithstanding s. 253.025(8) 253.025(6), the
 3619  department may negotiate and enter into an option contract
 3620  before an appraisal is obtained. The option contract must state
 3621  that the final purchase price may not exceed the maximum value
 3622  allowed by law. The consideration for such an option contract
 3623  may not exceed 10 percent of the estimate obtained by the
 3624  department or 10 percent of the value of the parcel, whichever
 3625  amount is greater.
 3626         Section 45. Paragraph (b) of subsection (1) of section
 3627  1013.14, Florida Statutes, is amended to read:
 3628         1013.14 Proposed purchase of real property by a board;
 3629  confidentiality of records; procedure.—
 3630         (1)
 3631         (b) Before Prior to acquisition of the property, the board
 3632  shall obtain at least one appraisal by an appraiser approved
 3633  pursuant to s. 253.025(8) 253.025(6)(b) for each purchase in an
 3634  amount greater than $100,000 and not more than $500,000. For
 3635  each purchase in an amount in excess of $500,000, the board
 3636  shall obtain at least two appraisals by appraisers approved
 3637  pursuant to s. 253.025(8) 253.025(6)(b). If the agreed to
 3638  purchase price exceeds the average appraised value, the board is
 3639  required to approve the purchase by an extraordinary vote.
 3640         Section 46. For the 2016-2017 fiscal year, the sums of
 3641  $396,040 in recurring funds and $1,370,528 in nonrecurring funds
 3642  from the General Revenue Fund are appropriated to the Department
 3643  of Environmental Protection, and four full-time equivalent
 3644  positions with associated salary rate of 182,968 are authorized,
 3645  for the purpose of implementing the amendments made by this act
 3646  to ss. 253.034 and 253.0341, Florida Statutes, and the
 3647  provisions of s. 253.87, Florida Statutes, as created by this
 3648  act.
 3649         Section 47. This act shall take effect July 1, 2016.