Bill Text: FL S2508 | 2022 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Resources
Spectrum: Committee Bill
Status: (Vetoed) 2022-06-08 - Vetoed by Governor [S2508 Detail]
Download: Florida-2022-S2508-Engrossed.html
Bill Title: Environmental Resources
Spectrum: Committee Bill
Status: (Vetoed) 2022-06-08 - Vetoed by Governor [S2508 Detail]
Download: Florida-2022-S2508-Engrossed.html
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 federalmatchingfunds 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 373.4595s. 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 284shallproceed to process the permit application. 285 (b)(2)A permit mustshallbe 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 mustshallbe 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 acquisitionsinterest 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.;or338 (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 areshall bea 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.; and369 (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 toranch and450timberlands 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 mustshallremove 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 mayshallbe 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 LandConservation easementacquisition 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 486shallbe obtained. 487 (b) Before approval by the board of trustees of an 488 agreement to purchaseless than fee simple title toland 489 pursuant to s. 570.71, an appraisal of the parcel isshall be490 required as follows: 491 1. Each parcel to be acquired mustshallhave 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 mustshallbe paid 497 by the department. All appraisals used for the acquisition of 498less than fee simple interest inlands pursuant to this section 499 mustshallbe 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 acquisitionof 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 buyless than fee simpleinterest insuch parcels. 522 Any such option contract mustshallstate 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 protectedthe maximum offer authorized by527law. Any such option contract presented to the board of trustees 528 for final purchase price approval mustshallexplicitly 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 mustshallbe in the form of an option 535 contract or agreement for purchase of the landless than fee536simple interestand mustshallbe signed and attested to by the 537 owner and the department. Before the department signs the 538 agreement for purchase of the landless than fee simple interest539 or exercises the option contract, the requirements of s. 286.23 540 mustshallbe complied with. 541 (f) The procedures provided in s. 253.025(9)(a)-(d) and 542 (10) mustshallbe 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 landaless than fee simple552interest 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) Theless than fee simpleland 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.