SB 2508 First Engrossed
20222508e1
1 A bill to be entitled
2 An act relating to environmental resources; amending
3 s. 253.025, F.S.; providing that certain land
4 acquisitions are not required to meet specified
5 valuation procedures; authorizing the Board of
6 Trustees of the Internal Improvement Trust Fund to
7 direct the Department of Agriculture and Consumer
8 Services to purchase lands according to certain
9 provisions; amending s. 373.026, F.S.; providing
10 requirements for budget amendments requesting the
11 release of state funds for specified water project
12 components; conforming provisions to changes made by
13 the act; authorizing the release of state funds for
14 specified water projects; amending s. 373.036, F.S.;
15 requiring modifications to water management district
16 annual work plans to be submitted to the Secretary of
17 Environmental Protection for review and approval;
18 amending s. 373.1501, F.S.; requiring the South
19 Florida Water Management District to make a specified
20 certification to the Legislature regarding its
21 recommendations to the United States Army Corps of
22 Engineers; providing legislative findings; requiring
23 water shortages within the Lake Okeechobee Region to
24 be managed in accordance with certain provisions;
25 amending s. 373.4141, F.S.; authorizing the Department
26 of Environmental Protection to enter into agreements
27 or contracts with certain entities to expedite the
28 evaluation of certain environmental permits; providing
29 requirements for such agreements or contracts;
30 authorizing the department to receive funds received
31 pursuant to such an agreement or contract; requiring
32 such funds to be deposited into the Grants and
33 Donations Trust Fund; amending s. 570.71, F.S.;
34 specifying that the Department of Agriculture and
35 Consumer Services may acquire land or certain related
36 interests in land for specified public purposes;
37 revising the types of project proposals for which the
38 department may accept applications; revising the
39 activities prohibited under certain easements;
40 removing a requirement that certain department rules
41 give preference to certain types of lands; amending s.
42 570.715, F.S.; revising the procedures the department
43 must comply with for certain land acquisitions;
44 providing for a type two transfer of the William J.
45 “Billy Joe” Rish Recreational Park within the Agency
46 for Persons with Disabilities to the Department of
47 Environmental Protection; providing for the
48 continuation of certain contracts and interagency
49 agreements; reenacting ss. 253.0251(7) and
50 259.105(3)(i), F.S., relating to alternatives to fee
51 simple acquisition and the Florida Forever Act,
52 respectively, to incorporate the amendment made to s.
53 570.715, F.S., in references thereto; reenacting s.
54 570.93(1)(a), F.S., relating to an agricultural water
55 conservation program; providing effective dates.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Effective January 1, 2023, paragraph (j) of
60 subsection (8) and subsection (22) of section 253.025, Florida
61 Statutes, are amended to read:
62 253.025 Acquisition of state lands.—
63 (8) Before approval by the board of trustees, or, when
64 applicable, the Department of Environmental Protection, of any
65 agreement to purchase land pursuant to this chapter, chapter
66 259, chapter 260, or chapter 375, and before negotiations with
67 the parcel owner to purchase any other land, title to which will
68 vest in the board of trustees, an appraisal of the parcel shall
69 be required as follows:
70 (j)1. The board of trustees shall adopt by rule the method
71 for determining the value of parcels sought to be acquired by
72 state agencies pursuant to this section. An offer by a state
73 agency may not exceed the value for that parcel as determined
74 pursuant to the highest approved appraisal or the value
75 determined pursuant to the rules of the board of trustees,
76 whichever value is less.
77 2. For a joint acquisition by a state agency and a local
78 government or other entity apart from the state, the joint
79 purchase price may not exceed 150 percent of the value for a
80 parcel as determined in accordance with the limits in
81 subparagraph 1. The state agency share of a joint purchase offer
82 may not exceed what the agency may offer singly pursuant to
83 subparagraph 1.
84 3. This paragraph does not apply to the acquisition of
85 historically unique or significant property as determined by the
86 Division of Historical Resources of the Department of State or
87 to land, including interests in land, acquired pursuant to
88 chapter 570.
89
90 Notwithstanding this subsection, on behalf of the board of
91 trustees and before the appraisal of parcels approved for
92 purchase under this chapter or chapter 259, the Secretary of
93 Environmental Protection or the director of the Division of
94 State Lands may enter into option contracts to buy such parcels.
95 Any such option contract shall state that the final purchase
96 price is subject to approval by the board of trustees or, if
97 applicable, the Secretary of Environmental Protection, and that
98 the final purchase price may not exceed the maximum offer
99 allowed by law. Any such option contract presented to the board
100 of trustees for final purchase price approval shall explicitly
101 state that payment of the final purchase price is subject to an
102 appropriation from the Legislature. The consideration for such
103 an option may not exceed $1,000 or 0.01 percent of the estimate
104 by the department of the value of the parcel, whichever amount
105 is greater.
106 (22) The board of trustees, by an affirmative vote of at
107 least three members, may direct the Department of Agriculture
108 and Consumer Services to purchase lands pursuant to chapter 570
109 or the Department of Environmental Protection to purchase lands
110 on an immediate basis using up to 15 percent of the funds
111 allocated to the department pursuant to s. 259.105 for the
112 acquisition of lands that:
113 (a) Are listed or placed at auction by the Federal
114 Government as part of the Resolution Trust Corporation sale of
115 lands from failed savings and loan associations;
116 (b) Are listed or placed at auction by the Federal
117 Government as part of the Federal Deposit Insurance Corporation
118 sale of lands from failed banks;
119 (c) Will be developed or otherwise lost to potential public
120 ownership, or for which federal matching funds will be lost, by
121 the time the land can be purchased under the program within
122 which the land is listed for acquisition; or
123 (d) Will prevent or satisfy private property rights claims
124 resulting from limitations imposed by the designation of an area
125 of critical state concern pursuant to chapter 380.
126
127 Lands acquired pursuant to this subsection must, at the time of
128 purchase, be on one of the acquisition lists established
129 pursuant to chapter 259 or chapter 570, or be essential for
130 water resource development, protection, or restoration, or a
131 significant portion of the lands must contain natural
132 communities or plant or animal species that are listed by the
133 Florida Natural Areas Inventory as critically imperiled,
134 imperiled, or rare, or as excellent quality occurrences of
135 natural communities.
136 Section 2. Effective upon becoming a law, paragraph (b) of
137 subsection (8) of section 373.026, Florida Statutes, is amended
138 to read:
139 373.026 General powers and duties of the department.—The
140 department, or its successor agency, shall be responsible for
141 the administration of this chapter at the state level. However,
142 it is the policy of the state that, to the greatest extent
143 possible, the department may enter into interagency or
144 interlocal agreements with any other state agency, any water
145 management district, or any local government conducting programs
146 related to or materially affecting the water resources of the
147 state. All such agreements shall be subject to the provisions of
148 s. 373.046. In addition to its other powers and duties, the
149 department shall, to the greatest extent possible:
150 (8)
151 (b) To ensure to the greatest extent possible that project
152 components will go forward as planned, the department shall
153 collaborate with the South Florida Water Management District in
154 implementing the comprehensive plan as defined in s.
155 373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
156 defined in s. 373.4595(2), and the River Watershed Protection
157 Plans as defined in s. 373.4595(2). Before any project component
158 is submitted to Congress for authorization or receives an
159 appropriation of state funds, the department must approve, or
160 approve with amendments, each project component within 60 days
161 following formal submittal of the project component to the
162 department. Prior to the release of state funds for the
163 implementation of the comprehensive plan, department approval
164 shall be based upon a determination of the South Florida Water
165 Management District’s compliance with s. 373.1501(5) and (7).
166 Additionally, each budget amendment requesting the release of
167 state funds for the implementation of a project component or a
168 water control plan or regulation schedule required for the
169 operation of the project shall be contingent on the submission
170 of the certification required in s. 373.1501(7). Once a project
171 component is approved, the South Florida Water Management
172 District shall provide to the President of the Senate and the
173 Speaker of the House of Representatives a schedule for
174 implementing the project component, the estimated total cost of
175 the project component, any existing federal or nonfederal
176 credits, the estimated remaining federal and nonfederal share of
177 costs, and an estimate of the amount of state funds that will be
178 needed to implement the project component. All requests for an
179 appropriation of state funds needed to implement the project
180 component shall be submitted to the department, and such
181 requests shall be included in the department’s annual request to
182 the Governor. Prior to the release of state funds for the
183 implementation of the Lake Okeechobee Watershed Protection Plan
184 or the River Watershed Protection Plans, on an annual basis, the
185 South Florida Water Management District shall prepare an annual
186 work plan as part of the consolidated annual report required in
187 s. 373.036(7). Upon a determination by the secretary of the
188 annual work plan’s consistency with the goals and objectives of
189 ss. 373.1501(7) and 373.4595 s. 373.4595, the secretary may
190 approve the release of state funds. Any modifications to the
191 annual work plan shall be submitted to the secretary for review
192 and approval. Notwithstanding the requirements of this
193 paragraph, the release of state funds for the Everglades
194 Agricultural Area reservoir project, the Lake Okeechobee
195 Watershed project, the C-43 West Basin Reservoir Storage
196 project, and the Indian River Lagoon-South project is
197 authorized.
198 Section 3. Effective upon becoming a law, paragraph (a) of
199 subsection (7) of section 373.036, Florida Statutes, is amended
200 to read:
201 373.036 Florida water plan; district water management
202 plans.—
203 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
204 (a) By March 1, annually, each water management district
205 shall prepare and submit to the Office of Economic and
206 Demographic Research, the department, the Governor, the
207 President of the Senate, and the Speaker of the House of
208 Representatives a consolidated water management district annual
209 report on the management of water resources. In addition, copies
210 must be provided by the water management districts to the chairs
211 of all legislative committees having substantive or fiscal
212 jurisdiction over the districts and the governing board of each
213 county in the district having jurisdiction or deriving any funds
214 for operations of the district. Copies of the consolidated
215 annual report must be made available to the public, either in
216 printed or electronic format. Any modifications to the annual
217 work plan shall be submitted to the secretary for review and
218 approval.
219 Section 4. Effective upon becoming a law, subsection (7) of
220 section 373.1501, Florida Statutes, is amended, subsections (10)
221 and (11) are added to that section, and subsection (4) of that
222 section is reenacted, to read:
223 373.1501 South Florida Water Management District as local
224 sponsor.—
225 (4) The district is authorized to act as local sponsor of
226 the project for those project features within the district as
227 provided in this subsection and subject to the oversight of the
228 department as further provided in s. 373.026. The district shall
229 exercise the authority of the state to allocate quantities of
230 water within its jurisdiction, including the water supply in
231 relation to the project, and be responsible for allocating water
232 and assigning priorities among the other water uses served by
233 the project pursuant to state law. The district may:
234 (a) Act as local sponsor for all project features
235 previously authorized by Congress.
236 (b) Continue data gathering, analysis, research, and design
237 of project components, participate in preconstruction
238 engineering and design documents for project components, and
239 further refine the Comprehensive Plan of the restudy as a guide
240 and framework for identifying other project components.
241 (c) Construct pilot projects that will assist in
242 determining the feasibility of technology included in the
243 Comprehensive Plan of the restudy.
244 (d) Act as local sponsor for project components.
245 (7) When developing or implementing water control plans or
246 regulation schedules required for the operation of the project,
247 the district shall provide recommendations to the United States
248 Army Corps of Engineers which are consistent with all district
249 programs and plans. The district shall certify to the President
250 of the Senate and the Speaker of the House of Representatives,
251 with a copy to the department, that its recommendations made
252 pursuant to this subsection comply with all district programs
253 and plans.
254 (10) The Legislature finds that the Lake Okeechobee
255 Regulation Schedule and any operating manual must balance the
256 different interests across the system, including, but not
257 limited to, safeguarding the water supply to society and the
258 environment, reducing high-volume discharges to coastal
259 estuaries, and providing for flood control.
260 (11) Water shortages within the Lake Okeechobee Region must
261 be managed in accordance with Chapters 40E-21 and 40E-22,
262 Florida Administrative Code, in effect as of January 1, 2022, as
263 such region is set forth therein.
264 Section 5. Effective upon becoming a law, section 373.4141,
265 Florida Statutes, is amended to read:
266 373.4141 Permits; processing.—
267 (1) GENERAL PROCESSING; TIME LIMITATIONS.—
268 (a) Within 30 days after receipt of an application for a
269 permit under this part, the department or the water management
270 district shall review the application and shall request
271 submittal of all additional information the department or the
272 water management district is permitted by law to require. If the
273 applicant believes any request for additional information is not
274 authorized by law or rule, the applicant may request a hearing
275 pursuant to s. 120.57. Within 30 days after receipt of such
276 additional information, the department or water management
277 district shall review it and may request only that information
278 needed to clarify such additional information or to answer new
279 questions raised by or directly related to such additional
280 information. If the applicant believes the request of the
281 department or water management district for such additional
282 information is not authorized by law or rule, the department or
283 water management district, at the applicant’s request, must
284 shall proceed to process the permit application.
285 (b)(2) A permit must shall be approved, denied, or subject
286 to a notice of proposed agency action within 60 days after
287 receipt of the original application, the last item of timely
288 requested additional material, or the applicant’s written
289 request to begin processing the permit application.
290 (c)(3) Processing of applications for permits for
291 affordable housing projects must shall be expedited to a greater
292 degree than other projects.
293 (d)(4) A state agency or an agency of the state may not
294 require as a condition of approval for a permit or as an item to
295 complete a pending permit application that an applicant obtain a
296 permit or approval from any other local, state, or federal
297 agency without explicit statutory authority to require such
298 permit or approval.
299 (2) AGREEMENTS TO PROCESS PERMITS.—
300 (a) The department may enter into an agreement or a
301 contract with a public entity, which includes a utility
302 regulated under chapter 366, to expedite the evaluation of
303 environmental resource permits or section 404 permits related to
304 a project or an activity that serves a public purpose. Any
305 agreement or contract entered into pursuant to this subsection
306 must be effective for at least 3 years.
307 (b) The department must ensure that any agreement or
308 contract entered into by the department does not affect
309 impartial decisionmaking, either substantively or procedurally.
310 The department must use the same procedures for decisions that
311 would otherwise be required for the evaluation of permits for
312 similar projects or activities not carried out under an
313 agreement or contract authorized under this subsection.
314 (c) The department must make all active agreements or
315 contracts entered into under this subsection available on its
316 website.
317 (d) The department may receive funds pursuant to an
318 agreement or contract entered into under this subsection. Any
319 funds received pursuant to this subsection must be deposited
320 into the Grants and Donations Trust Fund and used in accordance
321 with the agreement or contract.
322 Section 6. Effective January 1, 2023, section 570.71,
323 Florida Statutes, is amended to read:
324 570.71 Land acquisition; conservation easements and
325 agreements.—
326 (1) The department, on behalf of the Board of Trustees of
327 the Internal Improvement Trust Fund, may allocate moneys to
328 acquire land or related interests in land, such as perpetual,
329 less-than-fee acquisitions interest in land, to enter into
330 agricultural protection agreements, and to enter into resource
331 conservation agreements for any of the following public
332 purposes:
333 (a) Promotion and improvement of wildlife habitat.;
334 (b) Protection and enhancement of water bodies, aquifer
335 recharge areas, wetlands, and watersheds.;
336 (c) Perpetuation of open space on lands with significant
337 natural areas.; or
338 (d) Protection of agricultural lands threatened by
339 conversion to other uses.
340 (e) Preservation and protection of natural and working
341 landscapes.
342 (f) Preservation, protection, and enhancement of wildlife
343 corridors and linkages.
344 (2) To achieve the purposes of this section, the department
345 may accept applications for project proposals that:
346 (a) Purchase land or interests in land, such as
347 conservation easements, as defined in s. 704.06.
348 (b) Purchase rural-lands-protection easements pursuant to
349 this section.
350 (c) Fund resource conservation agreements pursuant to this
351 section.
352 (d) Fund agricultural protection agreements pursuant to
353 this section.
354 (3) Rural-lands-protection easements are shall be a
355 perpetual right or interest in agricultural land which is
356 appropriate to retain such land in predominantly its current
357 state and to prevent the subdivision and conversion of such land
358 into other uses. This right or interest in property shall
359 prohibit only the following:
360 (a) Construction or placing of buildings, roads, billboards
361 or other advertising, utilities, or structures, except those
362 structures and unpaved roads necessary for the agricultural
363 operations on the land or structures necessary for other
364 activities allowed under the easement, and except for linear
365 facilities described in s. 704.06(11).;
366 (b) Subdivision of the property.;
367 (c) Dumping or placing of trash, waste, or offensive
368 materials.; and
369 (d) Activities that detrimentally affect the natural
370 hydrology of the land or that detrimentally affect water
371 conservation, erosion control, soil conservation, or fish or
372 wildlife habitat, except those required for environmental
373 restoration; federal, state, or local government regulatory
374 programs; or best management practices.
375 (4) Resource conservation agreements will be contracts for
376 services which provide annual payments to landowners for
377 services that actively improve habitat and water restoration or
378 conservation on their lands over and above that which is already
379 required by law or which provide recreational opportunities.
380 They will be for a term of not less than 5 years and not more
381 than 10 years. Property owners will become eligible to enter
382 into a resource conservation agreement only upon entering into a
383 conservation easement or rural lands protection easement.
384 (5) Agricultural protection agreements shall be for terms
385 of 30 years and will provide payments to landowners having
386 significant natural areas on their land. Public access and
387 public recreational opportunities may be negotiated at the
388 request of the landowner.
389 (a) For the length of the agreement, the landowner shall
390 agree to prohibit:
391 1. Construction or placing of buildings, roads, billboards
392 or other advertising, utilities, or structures, except those
393 structures and unpaved roads necessary for the agricultural
394 operations on the land or structures necessary for other
395 activities allowed under the easement, and except for linear
396 facilities described in s. 704.06(11);
397 2. Subdivision of the property;
398 3. Dumping or placing of trash, waste, or offensive
399 materials; and
400 4. Activities that affect the natural hydrology of the
401 land, or that detrimentally affect water conservation, erosion
402 control, soil conservation, or fish or wildlife habitat.
403 (b) As part of the agricultural protection agreement, the
404 parties shall agree that the state shall have a right to buy a
405 conservation easement or rural land protection easement at the
406 end of the 30-year term. If the landowner tenders the easement
407 for the purchase and the state does not timely exercise its
408 right to buy the easement, the landowner shall be released from
409 the agricultural agreement. The purchase price of the easement
410 shall be established in the agreement and shall be based on the
411 value of the easement at the time the agreement is entered into,
412 plus a reasonable escalator multiplied by the number of full
413 calendar years following the date of the commencement of the
414 agreement. The landowner may transfer or sell the property
415 before the expiration of the 30-year term, but only if the
416 property is sold subject to the agreement and the buyer becomes
417 the successor in interest to the agricultural protection
418 agreement. Upon mutual consent of the parties, a landowner may
419 enter into a perpetual easement at any time during the term of
420 an agricultural protection agreement.
421 (6) Payment for conservation easements and rural land
422 protection easements shall be a lump-sum payment at the time the
423 easement is entered into.
424 (7) Landowners entering into an agricultural protection
425 agreement may receive up to 50 percent of the purchase price at
426 the time the agreement is entered into, and remaining payments
427 on the balance shall be equal annual payments over the term of
428 the agreement.
429 (8) Payments for the resource conservation agreements shall
430 be equal annual payments over the term of the agreement.
431 (9) Easements purchased pursuant to this act may not:
432 (a) Prevent landowners from transferring the remaining fee
433 value with the easement; or
434 (b) At the request of the landowner, restrict a landowner’s
435 ability to use, or authorize the use of by third parties,
436 specific parcels of land within a conservation easement for
437 conservation banking or recipient sites for imperiled species as
438 defined in s. 259.105(2)(a)11. or wetlands mitigation banking
439 pursuant to chapter 373, provided the specific parcels of land
440 include wetland or upland areas that may be enhanced, restored,
441 or created under the conditions of a wetlands mitigation bank
442 permit.
443 (10) The department, in consultation with the Department of
444 Environmental Protection, the water management districts, the
445 Department of Economic Opportunity, and the Florida Fish and
446 Wildlife Conservation Commission, shall adopt rules that
447 establish an application process, a process and criteria for
448 setting priorities for use of funds consistent with the purposes
449 specified in subsection (1) and giving preference to ranch and
450 timber lands managed using sustainable practices, an appraisal
451 process, and a process for title review and compliance and
452 approval of the rules by the Board of Trustees of the Internal
453 Improvement Trust Fund.
454 (11) If a landowner objects to having his or her property
455 included in any lists or maps developed to implement this act,
456 the department must shall remove the property from any such
457 lists or maps upon receipt of the landowner’s written request to
458 do so.
459 (12) The department may use appropriated funds from the
460 following sources to implement this section:
461 (a) State funds;
462 (b) Federal funds;
463 (c) Other governmental entities;
464 (d) Nongovernmental organizations; or
465 (e) Private individuals.
466
467 Any such funds provided, other than from the Land Acquisition
468 Trust Fund, shall be deposited into the Incidental Trust Fund
469 within the Department of Agriculture and Consumer Services and
470 used for the purposes of this section, including administrative
471 and operating expenses related to appraisals, mapping, title
472 process, personnel, and other real estate expenses.
473 (13) No more than 10 percent of any funds made available to
474 implement this act may shall be expended for resource
475 conservation agreements and agricultural protection agreements.
476 Section 7. Effective January 1, 2023, section 570.715,
477 Florida Statutes, is amended to read:
478 570.715 Land Conservation easement acquisition procedures.—
479 (1) For land acquisitions, including less than fee simple
480 acquisitions, pursuant to s. 570.71, the Department of
481 Agriculture and Consumer Services shall comply with the
482 following acquisition procedures:
483 (a) Before conveyance of title by the department, evidence
484 of marketable title in the form of a commitment for title
485 insurance or an abstract of title with a title opinion must
486 shall be obtained.
487 (b) Before approval by the board of trustees of an
488 agreement to purchase less than fee simple title to land
489 pursuant to s. 570.71, an appraisal of the parcel is shall be
490 required as follows:
491 1. Each parcel to be acquired must shall have at least one
492 appraisal. Two appraisals are required when the estimated value
493 of the parcel exceeds $1 million. However, when both appraisals
494 exceed $1 million and differ significantly, a third appraisal
495 may be obtained.
496 2. Appraisal fees and associated costs must shall be paid
497 by the department. All appraisals used for the acquisition of
498 less than fee simple interest in lands pursuant to this section
499 must shall be prepared by a state-certified appraiser who meets
500 the standards and criteria established by rule of the board of
501 trustees. Each appraiser selected to appraise a particular
502 parcel shall, before contracting with the department or a
503 participant in a multiparty agreement, submit to the department
504 or participant an affidavit substantiating that he or she has no
505 vested or fiduciary interest in such parcel.
506 (c) A certified survey must be made that meets the minimum
507 requirements for upland parcels established in the Standards of
508 Practice for Land Surveying in Florida published by the
509 department and that accurately portrays, to the greatest extent
510 practicable, the condition of the parcel as it currently exists.
511 The requirement for a certified survey may, in whole or in part,
512 be waived by the board of trustees any time before the land
513 acquisition of the less than fee simple interest. If an existing
514 boundary map and description of a parcel are determined by the
515 department to be sufficient for appraisal purposes, the
516 department may temporarily waive the requirement for a survey
517 until any time before conveyance of title to the parcel.
518 (d) On behalf of the board of trustees and before the
519 appraisal of parcels approved for purchase under ss.
520 259.105(3)(i) and 570.71, the department may enter into option
521 contracts to buy less than fee simple interest in such parcels.
522 Any such option contract must shall state that the final
523 purchase price is subject to approval by the board of trustees
524 and that the final purchase price may not exceed a fair market
525 value as determined by the department, so long as the public’s
526 interest is reasonably protected the maximum offer authorized by
527 law. Any such option contract presented to the board of trustees
528 for final purchase price approval must shall explicitly state
529 that payment of the final purchase price is subject to an
530 appropriation by the Legislature. The consideration for any such
531 option contract may not exceed $1,000 or 0.01 percent of the
532 estimate by the department of the value of the parcel, whichever
533 amount is greater.
534 (e) A final offer must shall be in the form of an option
535 contract or agreement for purchase of the land less than fee
536 simple interest and must shall be signed and attested to by the
537 owner and the department. Before the department signs the
538 agreement for purchase of the land less than fee simple interest
539 or exercises the option contract, the requirements of s. 286.23
540 must shall be complied with.
541 (f) The procedures provided in s. 253.025(9)(a)-(d) and
542 (10) must shall be followed.
543 (2) If the public’s interest is reasonably protected, the
544 board of trustees may:
545 (a) Waive any requirement of this section.
546 (b) Waive any rules adopted pursuant to s. 570.71,
547 notwithstanding chapter 120.
548 (c) Substitute any other reasonably prudent procedures,
549 including federally mandated acquisition procedures, for the
550 procedures in this section, if federal funds are available and
551 will be used for the purchase of land a less than fee simple
552 interest in lands, title to which will vest in the board of
553 trustees, and qualification for such federal funds requires
554 compliance with federally mandated acquisition procedures.
555 (3) The less than fee simple land acquisition procedures
556 provided in this section are for voluntary, negotiated
557 acquisitions.
558 (4) For purposes of this section, the term “negotiations”
559 does not include preliminary contacts with the property owner to
560 determine availability or eligibility of the property, existing
561 appraisal data, existing abstracts, and surveys.
562 (5) Appraisal reports are confidential and exempt from s.
563 119.07(1), for use by the department and the board of trustees,
564 until an option contract is executed or, if an option contract
565 is not executed, until 2 weeks before a contract or agreement
566 for purchase is considered for approval by the board of
567 trustees. However, the department has the authority, at its
568 discretion, to disclose appraisal reports to private landowners
569 during negotiations for acquisitions using alternatives to fee
570 simple techniques, if the department determines that disclosure
571 of such reports will bring the proposed acquisition to closure.
572 The department may also disclose appraisal information to public
573 agencies or nonprofit organizations that agree to maintain the
574 confidentiality of the reports or information when joint
575 acquisition of property is contemplated, or when a public agency
576 or nonprofit organization enters into a written multiparty
577 agreement with the department. For purposes of this subsection,
578 the term “nonprofit organization” means an organization whose
579 purposes include the preservation of natural resources, and
580 which is exempt from federal income tax under s. 501(c)(3) of
581 the Internal Revenue Code. The department may release an
582 appraisal report when the passage of time has rendered the
583 conclusions of value in the report invalid or when the
584 department has terminated negotiations.
585 Section 8. Type two transfer from the Agency for Persons
586 with Disabilities.—
587 (1) All powers, duties, functions, records, offices,
588 personnel, associated administrative support positions,
589 property, pending issues, existing contracts, administrative
590 authority, administrative rules, and unexpended balances of
591 appropriations, allocations, and other funds relating to the
592 William J. “Billy Joe” Rish Recreational Park within the Agency
593 for Persons with Disabilities are transferred by a type two
594 transfer, as defined in s. 20.06(2), Florida Statutes, to the
595 Department of Environmental Protection.
596 (2) Any binding contract or interagency agreement existing
597 before July 1, 2022, between the Agency for Persons with
598 Disabilities, or an entity or agency of the department, and any
599 other agency, entity, or person relating to the William J.
600 “Billy Joe” Rish Recreational Park shall continue as a binding
601 contract or agreement for the remainder of the term of the
602 contract or agreement on the successor entity responsible for
603 the program, activity, or functions relative to the contract or
604 agreement.
605 Section 9. Effective January 1, 2023, for the purpose of
606 incorporating the amendment made by this act to section 570.715,
607 Florida Statutes, in a reference thereto, subsection (7) of
608 section 253.0251, Florida Statutes, is reenacted to read:
609 253.0251 Alternatives to fee simple acquisition.—
610 (7) For less than fee simple acquisitions pursuant to s.
611 570.71, the Department of Agriculture and Consumer Services
612 shall comply with the acquisition procedures set forth in s.
613 570.715.
614 Section 10. Effective January 1, 2023, for the purpose of
615 incorporating the amendment made by this act to section 570.715,
616 Florida Statutes, in a reference thereto, paragraph (i) of
617 subsection (3) of section 259.105, Florida Statutes, is
618 reenacted to read:
619 259.105 The Florida Forever Act.—
620 (3) Less the costs of issuing and the costs of funding
621 reserve accounts and other costs associated with bonds, the
622 proceeds of cash payments or bonds issued pursuant to this
623 section shall be deposited into the Florida Forever Trust Fund
624 created by s. 259.1051. The proceeds shall be distributed by the
625 Department of Environmental Protection in the following manner:
626 (i) Three and five-tenths percent to the Department of
627 Agriculture and Consumer Services for the acquisition of
628 agricultural lands, through perpetual conservation easements and
629 other perpetual less than fee techniques, which will achieve the
630 objectives of Florida Forever and s. 570.71. Rules concerning
631 the application, acquisition, and priority ranking process for
632 such easements shall be developed pursuant to s. 570.71(10) and
633 as provided by this paragraph. The board shall ensure that such
634 rules are consistent with the acquisition process provided for
635 in s. 570.715. The rules developed pursuant to s. 570.71(10),
636 shall also provide for the following:
637 1. An annual priority list shall be developed pursuant to
638 s. 570.71(10), submitted to the council for review, and approved
639 by the board pursuant to s. 259.04.
640 2. Terms of easements and acquisitions proposed pursuant to
641 this paragraph shall be approved by the board and may not be
642 delegated by the board to any other entity receiving funds under
643 this section.
644 3. All acquisitions pursuant to this paragraph shall
645 contain a clear statement that they are subject to legislative
646 appropriation.
647
648 Funds provided under this paragraph may not be expended until
649 final adoption of rules by the board pursuant to s. 570.71.
650 Section 11. Notwithstanding the reversion and expiration of
651 paragraph (a) of subsection (1) of section 570.93, Florida
652 Statutes, by section 44 of chapter 2021-37, Laws of Florida,
653 that paragraph is not amended as provided by that act, but is
654 reenacted to read:
655 570.93 Department of Agriculture and Consumer Services;
656 agricultural water conservation and agricultural water supply
657 planning.—
658 (1) The department shall establish an agricultural water
659 conservation program that includes the following:
660 (a) A cost-share program, coordinated with the United
661 States Department of Agriculture and other federal, state,
662 regional, and local agencies when appropriate, for irrigation
663 system retrofit and application of mobile irrigation laboratory
664 evaluations, and for water conservation and water quality
665 improvement pursuant to s. 403.067(7)(c).
666 Section 12. Except as otherwise expressly provided in this
667 act and except for this section, which shall take effect upon
668 this act becoming a law, this act shall take effect July 1,
669 2022.