Florida Senate - 2022                   (PROPOSED BILL) SPB 2508
       FOR CONSIDERATION By the Committee on Appropriations
       576-02627-22                                          20222508pb
    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; amending s. 373.036, F.S.; requiring
   14         modifications to water management district annual work
   15         plans to be submitted to the Secretary of
   16         Environmental Protection for review and approval;
   17         amending s. 373.1501, F.S.; requiring the South
   18         Florida Water Management District to make a specified
   19         certification to the Legislature regarding its
   20         recommendations to the United States Army Corps of
   21         Engineers for new or modified Lake Okeechobee
   22         provisions; requiring water shortages within the Lake
   23         Okeechobee Region to be managed in accordance with
   24         certain provisions; amending s. 373.4141, F.S.;
   25         authorizing the Department of Environmental Protection
   26         to enter into agreements or contracts with certain
   27         entities to expedite the evaluation of certain
   28         environmental permits; providing requirements for such
   29         agreements or contracts; authorizing the department to
   30         receive funds received pursuant to such an agreement
   31         or contract; requiring such funds to be deposited into
   32         the Grants and Donations Trust Fund; amending s.
   33         373.4598, F.S.; revising the goals of the water
   34         management district in reevaluating the Lake
   35         Okeechobee Regulation Schedule; amending s. 570.71,
   36         F.S.; specifying that the Department of Agriculture
   37         and Consumer Services may acquire land or certain
   38         related interests in land for specified public
   39         purposes; revising the types of project proposals for
   40         which the department may accept applications; revising
   41         the activities prohibited under certain easements;
   42         removing a requirement that certain department rules
   43         give preference to certain types of lands; amending s.
   44         570.715, F.S.; revising the procedures the department
   45         must comply with for certain land acquisitions;
   46         providing for a type two transfer of the William J.
   47         “Billy Joe” Rish Recreational Park within the Agency
   48         for Persons with Disabilities to the Department of
   49         Environmental Protection; providing for the
   50         continuation of certain contracts and interagency
   51         agreements; reenacting ss. 253.0251(7) and
   52         259.105(3)(i), F.S., relating to alternatives to fee
   53         simple acquisition and the Florida Forever Act,
   54         respectively, to incorporate the amendment made to s.
   55         570.715, F.S., in references thereto; reenacting s.
   56         570.93, F.S., relating to an agricultural water
   57         conservation program; providing effective dates.
   59  Be It Enacted by the Legislature of the State of Florida:
   61         Section 1. Effective January 1, 2023, paragraph (j) of
   62  subsection (8) and subsection (22) of section 253.025, Florida
   63  Statutes, are amended to read:
   64         253.025 Acquisition of state lands.—
   65         (8) Before approval by the board of trustees, or, when
   66  applicable, the Department of Environmental Protection, of any
   67  agreement to purchase land pursuant to this chapter, chapter
   68  259, chapter 260, or chapter 375, and before negotiations with
   69  the parcel owner to purchase any other land, title to which will
   70  vest in the board of trustees, an appraisal of the parcel shall
   71  be required as follows:
   72         (j)1. The board of trustees shall adopt by rule the method
   73  for determining the value of parcels sought to be acquired by
   74  state agencies pursuant to this section. An offer by a state
   75  agency may not exceed the value for that parcel as determined
   76  pursuant to the highest approved appraisal or the value
   77  determined pursuant to the rules of the board of trustees,
   78  whichever value is less.
   79         2. For a joint acquisition by a state agency and a local
   80  government or other entity apart from the state, the joint
   81  purchase price may not exceed 150 percent of the value for a
   82  parcel as determined in accordance with the limits in
   83  subparagraph 1. The state agency share of a joint purchase offer
   84  may not exceed what the agency may offer singly pursuant to
   85  subparagraph 1.
   86         3. This paragraph does not apply to the acquisition of
   87  historically unique or significant property as determined by the
   88  Division of Historical Resources of the Department of State or
   89  to land, including interests in land, acquired pursuant to
   90  chapter 570.
   92  Notwithstanding this subsection, on behalf of the board of
   93  trustees and before the appraisal of parcels approved for
   94  purchase under this chapter or chapter 259, the Secretary of
   95  Environmental Protection or the director of the Division of
   96  State Lands may enter into option contracts to buy such parcels.
   97  Any such option contract shall state that the final purchase
   98  price is subject to approval by the board of trustees or, if
   99  applicable, the Secretary of Environmental Protection, and that
  100  the final purchase price may not exceed the maximum offer
  101  allowed by law. Any such option contract presented to the board
  102  of trustees for final purchase price approval shall explicitly
  103  state that payment of the final purchase price is subject to an
  104  appropriation from the Legislature. The consideration for such
  105  an option may not exceed $1,000 or 0.01 percent of the estimate
  106  by the department of the value of the parcel, whichever amount
  107  is greater.
  108         (22) The board of trustees, by an affirmative vote of at
  109  least three members, may direct the Department of Agriculture
  110  and Consumer Services to purchase lands pursuant to chapter 570
  111  or the Department of Environmental Protection to purchase lands
  112  on an immediate basis using up to 15 percent of the funds
  113  allocated to the department pursuant to s. 259.105 for the
  114  acquisition of lands that:
  115         (a) Are listed or placed at auction by the Federal
  116  Government as part of the Resolution Trust Corporation sale of
  117  lands from failed savings and loan associations;
  118         (b) Are listed or placed at auction by the Federal
  119  Government as part of the Federal Deposit Insurance Corporation
  120  sale of lands from failed banks;
  121         (c) Will be developed or otherwise lost to potential public
  122  ownership, or for which federal matching funds will be lost, by
  123  the time the land can be purchased under the program within
  124  which the land is listed for acquisition; or
  125         (d) Will prevent or satisfy private property rights claims
  126  resulting from limitations imposed by the designation of an area
  127  of critical state concern pursuant to chapter 380.
  129  Lands acquired pursuant to this subsection must, at the time of
  130  purchase, be on one of the acquisition lists established
  131  pursuant to chapter 259 or chapter 570, or be essential for
  132  water resource development, protection, or restoration, or a
  133  significant portion of the lands must contain natural
  134  communities or plant or animal species that are listed by the
  135  Florida Natural Areas Inventory as critically imperiled,
  136  imperiled, or rare, or as excellent quality occurrences of
  137  natural communities.
  138         Section 2. Effective upon becoming a law, paragraph (b) of
  139  subsection (8) of section 373.026, Florida Statutes, is amended
  140  to read:
  141         373.026 General powers and duties of the department.—The
  142  department, or its successor agency, shall be responsible for
  143  the administration of this chapter at the state level. However,
  144  it is the policy of the state that, to the greatest extent
  145  possible, the department may enter into interagency or
  146  interlocal agreements with any other state agency, any water
  147  management district, or any local government conducting programs
  148  related to or materially affecting the water resources of the
  149  state. All such agreements shall be subject to the provisions of
  150  s. 373.046. In addition to its other powers and duties, the
  151  department shall, to the greatest extent possible:
  152         (8)
  153         (b) To ensure to the greatest extent possible that project
  154  components will go forward as planned, the department shall
  155  collaborate with the South Florida Water Management District in
  156  implementing the comprehensive plan as defined in s.
  157  373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
  158  defined in s. 373.4595(2), and the River Watershed Protection
  159  Plans as defined in s. 373.4595(2). Before any project component
  160  is submitted to Congress for authorization or receives an
  161  appropriation of state funds, the department must approve, or
  162  approve with amendments, each project component within 60 days
  163  following formal submittal of the project component to the
  164  department. Prior to the release of state funds for the
  165  implementation of the comprehensive plan, department approval
  166  shall be based upon a determination of the South Florida Water
  167  Management District’s compliance with s. 373.1501(5) and (7).
  168  Additionally, each budget amendment requesting the release of
  169  state funds for the implementation of a project component or a
  170  water control plan or regulation schedule required for the
  171  operation of the project shall be contingent on the submission
  172  of the certification required in s. 373.1501(7). Once a project
  173  component is approved, the South Florida Water Management
  174  District shall provide to the President of the Senate and the
  175  Speaker of the House of Representatives a schedule for
  176  implementing the project component, the estimated total cost of
  177  the project component, any existing federal or nonfederal
  178  credits, the estimated remaining federal and nonfederal share of
  179  costs, and an estimate of the amount of state funds that will be
  180  needed to implement the project component. All requests for an
  181  appropriation of state funds needed to implement the project
  182  component shall be submitted to the department, and such
  183  requests shall be included in the department’s annual request to
  184  the Governor. Prior to the release of state funds for the
  185  implementation of the Lake Okeechobee Watershed Protection Plan
  186  or the River Watershed Protection Plans, on an annual basis, the
  187  South Florida Water Management District shall prepare an annual
  188  work plan as part of the consolidated annual report required in
  189  s. 373.036(7). Upon a determination by the secretary of the
  190  annual work plan’s consistency with the goals and objectives of
  191  ss. 373.1501(7) and 373.4595 s. 373.4595, the secretary may
  192  approve the release of state funds. Any modifications to the
  193  annual work plan shall be submitted to the secretary for review
  194  and approval.
  195         Section 3. Effective upon becoming a law, paragraph (a) of
  196  subsection (7) of section 373.036, Florida Statutes, is amended
  197  to read:
  198         373.036 Florida water plan; district water management
  199  plans.—
  201         (a) By March 1, annually, each water management district
  202  shall prepare and submit to the Office of Economic and
  203  Demographic Research, the department, the Governor, the
  204  President of the Senate, and the Speaker of the House of
  205  Representatives a consolidated water management district annual
  206  report on the management of water resources. In addition, copies
  207  must be provided by the water management districts to the chairs
  208  of all legislative committees having substantive or fiscal
  209  jurisdiction over the districts and the governing board of each
  210  county in the district having jurisdiction or deriving any funds
  211  for operations of the district. Copies of the consolidated
  212  annual report must be made available to the public, either in
  213  printed or electronic format. Any modifications to the annual
  214  work plan shall be submitted to the secretary for review and
  215  approval.
  216         Section 4. Effective upon becoming a law, subsection (7) of
  217  section 373.1501, Florida Statutes, is amended, subsection (10)
  218  is added to that section, and subsection (4) of that section is
  219  reenacted, to read:
  220         373.1501 South Florida Water Management District as local
  221  sponsor.—
  222         (4) The district is authorized to act as local sponsor of
  223  the project for those project features within the district as
  224  provided in this subsection and subject to the oversight of the
  225  department as further provided in s. 373.026. The district shall
  226  exercise the authority of the state to allocate quantities of
  227  water within its jurisdiction, including the water supply in
  228  relation to the project, and be responsible for allocating water
  229  and assigning priorities among the other water uses served by
  230  the project pursuant to state law. The district may:
  231         (a) Act as local sponsor for all project features
  232  previously authorized by Congress.
  233         (b) Continue data gathering, analysis, research, and design
  234  of project components, participate in preconstruction
  235  engineering and design documents for project components, and
  236  further refine the Comprehensive Plan of the restudy as a guide
  237  and framework for identifying other project components.
  238         (c) Construct pilot projects that will assist in
  239  determining the feasibility of technology included in the
  240  Comprehensive Plan of the restudy.
  241         (d) Act as local sponsor for project components.
  242         (7) When developing or implementing water control plans or
  243  regulation schedules required for the operation of the project,
  244  the district shall provide recommendations to the United States
  245  Army Corps of Engineers which are consistent with all district
  246  programs and plans. To ensure that the district’s
  247  recommendations to the United States Army Corps of Engineers
  248  regarding proposed changes to the Lake Okeechobee Regulation
  249  Schedule, the Lake Okeechobee System Operating Manual, or any
  250  other water control plans or regulation schedules required for
  251  the operation of the project and related project components
  252  comply with the requirements of this subsection, s. 373.026(8),
  253  and s. 373.470, the district shall certify to the President of
  254  the Senate and the Speaker of the House of Representatives, with
  255  a copy to the department, that its recommendations to the United
  256  States Army Corps of Engineers on any proposed new or modified
  257  Lake Okeechobee Regulation Schedule, Lake Okeechobee System
  258  Operating Manual, or deviation, and related project components,
  259  comply with s. 373.4598(11) and:
  260         (a) Do not diminish the quantity of water available to
  261  existing legal users;
  262         (b) Do not otherwise adversely impact existing legal users;
  263         (c) Do not diminish the existing levels of service for
  264  flood protection within or outside the geographic area of the
  265  project component;
  266         (d) Do not adversely affect adopted minimum flows and
  267  levels and associated prevention and recovery strategies; and
  268         (e) Will continue to adapt to meet the needs of the
  269  restored natural environment.
  270         (10) Water shortages within the Lake Okeechobee Region
  271  shall be managed in accordance with Chapters 40E-21 and 40E-22,
  272  Florida Administrative Code, in effect as of January 1, 2022, as
  273  such region is set forth therein.
  274         Section 5. Effective upon becoming a law, section 373.4141,
  275  Florida Statutes, is amended to read:
  276         373.4141 Permits; processing.—
  278         (a) Within 30 days after receipt of an application for a
  279  permit under this part, the department or the water management
  280  district shall review the application and shall request
  281  submittal of all additional information the department or the
  282  water management district is permitted by law to require. If the
  283  applicant believes any request for additional information is not
  284  authorized by law or rule, the applicant may request a hearing
  285  pursuant to s. 120.57. Within 30 days after receipt of such
  286  additional information, the department or water management
  287  district shall review it and may request only that information
  288  needed to clarify such additional information or to answer new
  289  questions raised by or directly related to such additional
  290  information. If the applicant believes the request of the
  291  department or water management district for such additional
  292  information is not authorized by law or rule, the department or
  293  water management district, at the applicant’s request, must
  294  shall proceed to process the permit application.
  295         (b)(2) A permit must shall be approved, denied, or subject
  296  to a notice of proposed agency action within 60 days after
  297  receipt of the original application, the last item of timely
  298  requested additional material, or the applicant’s written
  299  request to begin processing the permit application.
  300         (c)(3) Processing of applications for permits for
  301  affordable housing projects must shall be expedited to a greater
  302  degree than other projects.
  303         (d)(4) A state agency or an agency of the state may not
  304  require as a condition of approval for a permit or as an item to
  305  complete a pending permit application that an applicant obtain a
  306  permit or approval from any other local, state, or federal
  307  agency without explicit statutory authority to require such
  308  permit or approval.
  310         (a) The department may enter into an agreement or a
  311  contract with a public entity, which includes a utility
  312  regulated under chapter 366, to expedite the evaluation of
  313  environmental resource permits or section 404 permits related to
  314  a project or an activity that serves a public purpose. Any
  315  agreement or contract entered into pursuant to this subsection
  316  must be effective for at least 3 years.
  317         (b) The department must ensure that any agreement or
  318  contract entered into by the department does not affect
  319  impartial decisionmaking, either substantively or procedurally.
  320  The department must use the same procedures for decisions that
  321  would otherwise be required for the evaluation of permits for
  322  similar projects or activities not carried out under an
  323  agreement or contract authorized under this subsection.
  324         (c) The department must make all active agreements or
  325  contracts entered into under this subsection available on its
  326  website.
  327         (d) The department may receive funds pursuant to an
  328  agreement or contract entered into under this subsection. Any
  329  funds received pursuant to this subsection must be deposited
  330  into the Grants and Donations Trust Fund and used in accordance
  331  with the agreement or contract.
  332         Section 6. Effective upon becoming a law, paragraph (c) of
  333  subsection (10) and subsection (11) of section 373.4598, Florida
  334  Statutes, are amended to read:
  335         373.4598 Water storage reservoirs.—
  336         (10) FUNDING.—
  337         (c) Notwithstanding s. 373.026(8)(b) or any other provision
  338  of law, the use of state funds is authorized for projects
  339  referenced in paragraph (1)(b) the EAA reservoir project.
  340         (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district
  341  shall request that the corps pursue the reevaluation of the Lake
  342  Okeechobee Regulation Schedule as expeditiously as possible,
  343  taking into consideration the repairs made to the Herbert Hoover
  344  Dike and implementation of projects designed to reduce high
  345  volume freshwater discharges from the lake, in order to
  346  optimally utilize the added water storage capacity to reduce the
  347  high-volume freshwater discharges to the St. Lucie and
  348  Caloosahatchee estuaries while returning the lake to a minimum
  349  flow and level prevention status and returning the level of
  350  certainty for existing legal users to a 1-in-10-year level of
  351  certainty.
  352         Section 7. Effective January 1, 2023, section 570.71,
  353  Florida Statutes, is amended to read:
  354         570.71 Land acquisition; conservation easements and
  355  agreements.—
  356         (1) The department, on behalf of the Board of Trustees of
  357  the Internal Improvement Trust Fund, may allocate moneys to
  358  acquire land or related interests in land, such as perpetual,
  359  less-than-fee acquisitions interest in land, to enter into
  360  agricultural protection agreements, and to enter into resource
  361  conservation agreements for any of the following public
  362  purposes:
  363         (a) Promotion and improvement of wildlife habitat.;
  364         (b) Protection and enhancement of water bodies, aquifer
  365  recharge areas, wetlands, and watersheds.;
  366         (c) Perpetuation of open space on lands with significant
  367  natural areas.; or
  368         (d) Protection of agricultural lands threatened by
  369  conversion to other uses.
  370         (e) Preservation and protection of natural and working
  371  landscapes.
  372         (f) Preservation, protection, and enhancement of wildlife
  373  corridors and linkages.
  374         (2) To achieve the purposes of this section, the department
  375  may accept applications for project proposals that:
  376         (a) Purchase land or interests in land, such as
  377  conservation easements, as defined in s. 704.06.
  378         (b) Purchase rural-lands-protection easements pursuant to
  379  this section.
  380         (c) Fund resource conservation agreements pursuant to this
  381  section.
  382         (d) Fund agricultural protection agreements pursuant to
  383  this section.
  384         (3) Rural-lands-protection easements are shall be a
  385  perpetual right or interest in agricultural land which is
  386  appropriate to retain such land in predominantly its current
  387  state and to prevent the subdivision and conversion of such land
  388  into other uses. This right or interest in property shall
  389  prohibit only the following:
  390         (a) Construction or placing of buildings, roads, billboards
  391  or other advertising, utilities, or structures, except those
  392  structures and unpaved roads necessary for the agricultural
  393  operations on the land or structures necessary for other
  394  activities allowed under the easement, and except for linear
  395  facilities described in s. 704.06(11).;
  396         (b) Subdivision of the property.;
  397         (c) Dumping or placing of trash, waste, or offensive
  398  materials.; and
  399         (d) Activities that detrimentally affect the natural
  400  hydrology of the land or that detrimentally affect water
  401  conservation, erosion control, soil conservation, or fish or
  402  wildlife habitat, except those required for environmental
  403  restoration; federal, state, or local government regulatory
  404  programs; or best management practices.
  405         (4) Resource conservation agreements will be contracts for
  406  services which provide annual payments to landowners for
  407  services that actively improve habitat and water restoration or
  408  conservation on their lands over and above that which is already
  409  required by law or which provide recreational opportunities.
  410  They will be for a term of not less than 5 years and not more
  411  than 10 years. Property owners will become eligible to enter
  412  into a resource conservation agreement only upon entering into a
  413  conservation easement or rural lands protection easement.
  414         (5) Agricultural protection agreements shall be for terms
  415  of 30 years and will provide payments to landowners having
  416  significant natural areas on their land. Public access and
  417  public recreational opportunities may be negotiated at the
  418  request of the landowner.
  419         (a) For the length of the agreement, the landowner shall
  420  agree to prohibit:
  421         1. Construction or placing of buildings, roads, billboards
  422  or other advertising, utilities, or structures, except those
  423  structures and unpaved roads necessary for the agricultural
  424  operations on the land or structures necessary for other
  425  activities allowed under the easement, and except for linear
  426  facilities described in s. 704.06(11);
  427         2. Subdivision of the property;
  428         3. Dumping or placing of trash, waste, or offensive
  429  materials; and
  430         4. Activities that affect the natural hydrology of the
  431  land, or that detrimentally affect water conservation, erosion
  432  control, soil conservation, or fish or wildlife habitat.
  433         (b) As part of the agricultural protection agreement, the
  434  parties shall agree that the state shall have a right to buy a
  435  conservation easement or rural land protection easement at the
  436  end of the 30-year term. If the landowner tenders the easement
  437  for the purchase and the state does not timely exercise its
  438  right to buy the easement, the landowner shall be released from
  439  the agricultural agreement. The purchase price of the easement
  440  shall be established in the agreement and shall be based on the
  441  value of the easement at the time the agreement is entered into,
  442  plus a reasonable escalator multiplied by the number of full
  443  calendar years following the date of the commencement of the
  444  agreement. The landowner may transfer or sell the property
  445  before the expiration of the 30-year term, but only if the
  446  property is sold subject to the agreement and the buyer becomes
  447  the successor in interest to the agricultural protection
  448  agreement. Upon mutual consent of the parties, a landowner may
  449  enter into a perpetual easement at any time during the term of
  450  an agricultural protection agreement.
  451         (6) Payment for conservation easements and rural land
  452  protection easements shall be a lump-sum payment at the time the
  453  easement is entered into.
  454         (7) Landowners entering into an agricultural protection
  455  agreement may receive up to 50 percent of the purchase price at
  456  the time the agreement is entered into, and remaining payments
  457  on the balance shall be equal annual payments over the term of
  458  the agreement.
  459         (8) Payments for the resource conservation agreements shall
  460  be equal annual payments over the term of the agreement.
  461         (9) Easements purchased pursuant to this act may not:
  462         (a) Prevent landowners from transferring the remaining fee
  463  value with the easement; or
  464         (b) At the request of the landowner, restrict a landowner’s
  465  ability to use, or authorize the use of by third parties,
  466  specific parcels of land within a conservation easement for
  467  conservation banking or recipient sites for imperiled species as
  468  defined in s. 259.105(2)(a)11. or wetlands mitigation banking
  469  pursuant to chapter 373, provided the specific parcels of land
  470  include wetland or upland areas that may be enhanced, restored,
  471  or created under the conditions of a wetlands mitigation bank
  472  permit.
  473         (10) The department, in consultation with the Department of
  474  Environmental Protection, the water management districts, the
  475  Department of Economic Opportunity, and the Florida Fish and
  476  Wildlife Conservation Commission, shall adopt rules that
  477  establish an application process, a process and criteria for
  478  setting priorities for use of funds consistent with the purposes
  479  specified in subsection (1) and giving preference to ranch and
  480  timber lands managed using sustainable practices, an appraisal
  481  process, and a process for title review and compliance and
  482  approval of the rules by the Board of Trustees of the Internal
  483  Improvement Trust Fund.
  484         (11) If a landowner objects to having his or her property
  485  included in any lists or maps developed to implement this act,
  486  the department must shall remove the property from any such
  487  lists or maps upon receipt of the landowner’s written request to
  488  do so.
  489         (12) The department may use appropriated funds from the
  490  following sources to implement this section:
  491         (a) State funds;
  492         (b) Federal funds;
  493         (c) Other governmental entities;
  494         (d) Nongovernmental organizations; or
  495         (e) Private individuals.
  497  Any such funds provided, other than from the Land Acquisition
  498  Trust Fund, shall be deposited into the Incidental Trust Fund
  499  within the Department of Agriculture and Consumer Services and
  500  used for the purposes of this section, including administrative
  501  and operating expenses related to appraisals, mapping, title
  502  process, personnel, and other real estate expenses.
  503         (13) No more than 10 percent of any funds made available to
  504  implement this act may shall be expended for resource
  505  conservation agreements and agricultural protection agreements.
  506         Section 8. Effective January 1, 2023, section 570.715,
  507  Florida Statutes, is amended to read:
  508         570.715 Land Conservation easement acquisition procedures.—
  509         (1) For land acquisitions, including less than fee simple
  510  acquisitions, pursuant to s. 570.71, the Department of
  511  Agriculture and Consumer Services shall comply with the
  512  following acquisition procedures:
  513         (a) Before conveyance of title by the department, evidence
  514  of marketable title in the form of a commitment for title
  515  insurance or an abstract of title with a title opinion must
  516  shall be obtained.
  517         (b) Before approval by the board of trustees of an
  518  agreement to purchase less than fee simple title to land
  519  pursuant to s. 570.71, an appraisal of the parcel is shall be
  520  required as follows:
  521         1. Each parcel to be acquired must shall have at least one
  522  appraisal. Two appraisals are required when the estimated value
  523  of the parcel exceeds $1 million. However, when both appraisals
  524  exceed $1 million and differ significantly, a third appraisal
  525  may be obtained.
  526         2. Appraisal fees and associated costs must shall be paid
  527  by the department. All appraisals used for the acquisition of
  528  less than fee simple interest in lands pursuant to this section
  529  must shall be prepared by a state-certified appraiser who meets
  530  the standards and criteria established by rule of the board of
  531  trustees. Each appraiser selected to appraise a particular
  532  parcel shall, before contracting with the department or a
  533  participant in a multiparty agreement, submit to the department
  534  or participant an affidavit substantiating that he or she has no
  535  vested or fiduciary interest in such parcel.
  536         (c) A certified survey must be made that meets the minimum
  537  requirements for upland parcels established in the Standards of
  538  Practice for Land Surveying in Florida published by the
  539  department and that accurately portrays, to the greatest extent
  540  practicable, the condition of the parcel as it currently exists.
  541  The requirement for a certified survey may, in whole or in part,
  542  be waived by the board of trustees any time before the land
  543  acquisition of the less than fee simple interest. If an existing
  544  boundary map and description of a parcel are determined by the
  545  department to be sufficient for appraisal purposes, the
  546  department may temporarily waive the requirement for a survey
  547  until any time before conveyance of title to the parcel.
  548         (d) On behalf of the board of trustees and before the
  549  appraisal of parcels approved for purchase under ss.
  550  259.105(3)(i) and 570.71, the department may enter into option
  551  contracts to buy less than fee simple interest in such parcels.
  552  Any such option contract must shall state that the final
  553  purchase price is subject to approval by the board of trustees
  554  and that the final purchase price may not exceed a fair market
  555  value as determined by the department, so long as the public’s
  556  interest is reasonably protected the maximum offer authorized by
  557  law. Any such option contract presented to the board of trustees
  558  for final purchase price approval must shall explicitly state
  559  that payment of the final purchase price is subject to an
  560  appropriation by the Legislature. The consideration for any such
  561  option contract may not exceed $1,000 or 0.01 percent of the
  562  estimate by the department of the value of the parcel, whichever
  563  amount is greater.
  564         (e) A final offer must shall be in the form of an option
  565  contract or agreement for purchase of the land less than fee
  566  simple interest and must shall be signed and attested to by the
  567  owner and the department. Before the department signs the
  568  agreement for purchase of the land less than fee simple interest
  569  or exercises the option contract, the requirements of s. 286.23
  570  must shall be complied with.
  571         (f) The procedures provided in s. 253.025(9)(a)-(d) and
  572  (10) must shall be followed.
  573         (2) If the public’s interest is reasonably protected, the
  574  board of trustees may:
  575         (a) Waive any requirement of this section.
  576         (b) Waive any rules adopted pursuant to s. 570.71,
  577  notwithstanding chapter 120.
  578         (c) Substitute any other reasonably prudent procedures,
  579  including federally mandated acquisition procedures, for the
  580  procedures in this section, if federal funds are available and
  581  will be used for the purchase of land a less than fee simple
  582  interest in lands, title to which will vest in the board of
  583  trustees, and qualification for such federal funds requires
  584  compliance with federally mandated acquisition procedures.
  585         (3) The less than fee simple land acquisition procedures
  586  provided in this section are for voluntary, negotiated
  587  acquisitions.
  588         (4) For purposes of this section, the term “negotiations”
  589  does not include preliminary contacts with the property owner to
  590  determine availability or eligibility of the property, existing
  591  appraisal data, existing abstracts, and surveys.
  592         (5) Appraisal reports are confidential and exempt from s.
  593  119.07(1), for use by the department and the board of trustees,
  594  until an option contract is executed or, if an option contract
  595  is not executed, until 2 weeks before a contract or agreement
  596  for purchase is considered for approval by the board of
  597  trustees. However, the department has the authority, at its
  598  discretion, to disclose appraisal reports to private landowners
  599  during negotiations for acquisitions using alternatives to fee
  600  simple techniques, if the department determines that disclosure
  601  of such reports will bring the proposed acquisition to closure.
  602  The department may also disclose appraisal information to public
  603  agencies or nonprofit organizations that agree to maintain the
  604  confidentiality of the reports or information when joint
  605  acquisition of property is contemplated, or when a public agency
  606  or nonprofit organization enters into a written multiparty
  607  agreement with the department. For purposes of this subsection,
  608  the term “nonprofit organization” means an organization whose
  609  purposes include the preservation of natural resources, and
  610  which is exempt from federal income tax under s. 501(c)(3) of
  611  the Internal Revenue Code. The department may release an
  612  appraisal report when the passage of time has rendered the
  613  conclusions of value in the report invalid or when the
  614  department has terminated negotiations.
  615         Section 9. Type two transfer from the Agency for Persons
  616  with Disabilities.—
  617         (1) All powers, duties, functions, records, offices,
  618  personnel, associated administrative support positions,
  619  property, pending issues, existing contracts, administrative
  620  authority, administrative rules, and unexpended balances of
  621  appropriations, allocations, and other funds relating to the
  622  William J. “Billy Joe” Rish Recreational Park within the Agency
  623  for Persons with Disabilities are transferred by a type two
  624  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  625  Department of Environmental Protection.
  626         (2) Any binding contract or interagency agreement existing
  627  before July 1, 2022, between the Agency for Persons with
  628  Disabilities, or an entity or agency of the department, and any
  629  other agency, entity, or person relating to the William J.
  630  Billy Joe Rish Recreational Park shall continue as a binding
  631  contract or agreement for the remainder of the term of the
  632  contract or agreement on the successor entity responsible for
  633  the program, activity, or functions relative to the contract or
  634  agreement.
  635         Section 10. Effective January 1, 2023, for the purpose of
  636  incorporating the amendment made by this act to section 570.715,
  637  Florida Statutes, in a reference thereto, subsection (7) of
  638  section 253.0251, Florida Statutes, is reenacted to read:
  639         253.0251 Alternatives to fee simple acquisition.—
  640         (7) For less than fee simple acquisitions pursuant to s.
  641  570.71, the Department of Agriculture and Consumer Services
  642  shall comply with the acquisition procedures set forth in s.
  643  570.715.
  644         Section 11. Effective January 1, 2023, for the purpose of
  645  incorporating the amendment made by this act to section 570.715,
  646  Florida Statutes, in a reference thereto, paragraph (i) of
  647  subsection (3) of section 259.105, Florida Statutes, is
  648  reenacted to read:
  649         259.105 The Florida Forever Act.—
  650         (3) Less the costs of issuing and the costs of funding
  651  reserve accounts and other costs associated with bonds, the
  652  proceeds of cash payments or bonds issued pursuant to this
  653  section shall be deposited into the Florida Forever Trust Fund
  654  created by s. 259.1051. The proceeds shall be distributed by the
  655  Department of Environmental Protection in the following manner:
  656         (i) Three and five-tenths percent to the Department of
  657  Agriculture and Consumer Services for the acquisition of
  658  agricultural lands, through perpetual conservation easements and
  659  other perpetual less than fee techniques, which will achieve the
  660  objectives of Florida Forever and s. 570.71. Rules concerning
  661  the application, acquisition, and priority ranking process for
  662  such easements shall be developed pursuant to s. 570.71(10) and
  663  as provided by this paragraph. The board shall ensure that such
  664  rules are consistent with the acquisition process provided for
  665  in s. 570.715. The rules developed pursuant to s. 570.71(10),
  666  shall also provide for the following:
  667         1. An annual priority list shall be developed pursuant to
  668  s. 570.71(10), submitted to the council for review, and approved
  669  by the board pursuant to s. 259.04.
  670         2. Terms of easements and acquisitions proposed pursuant to
  671  this paragraph shall be approved by the board and may not be
  672  delegated by the board to any other entity receiving funds under
  673  this section.
  674         3. All acquisitions pursuant to this paragraph shall
  675  contain a clear statement that they are subject to legislative
  676  appropriation.
  678  Funds provided under this paragraph may not be expended until
  679  final adoption of rules by the board pursuant to s. 570.71.
  680         Section 12. Notwithstanding the reversion and expiration of
  681  paragraph (a) of subsection (1) of section 570.93, Florida
  682  Statutes, by s. 44, ch. 2021-37, Laws of Florida, that paragraph
  683  is not amended as provided by that act, but is reenacted to
  684  read:
  685         570.93 Department of Agriculture and Consumer Services;
  686  agricultural water conservation and agricultural water supply
  687  planning.—
  688         (1) The department shall establish an agricultural water
  689  conservation program that includes the following:
  690         (a) A cost-share program, coordinated with the United
  691  States Department of Agriculture and other federal, state,
  692  regional, and local agencies when appropriate, for irrigation
  693  system retrofit and application of mobile irrigation laboratory
  694  evaluations, and for water conservation and water quality
  695  improvement pursuant to s. 403.067(7)(c).
  696         Section 13. Except as otherwise expressly provided in this
  697  act and except for this section, which shall take effect upon
  698  this act becoming a law, this act shall take effect July 1,
  699  2022.