Bill Text: FL S7086 | 2015 | Regular Session | Introduced
Bill Title: State Lands
Spectrum: Committee Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S7086 Detail]
Download: Florida-2015-S7086-Introduced.html
Florida Senate - 2015 SB 7086 By the Committee on Environmental Preservation and Conservation 592-03761-15 20157086__ 1 A bill to be entitled 2 An act relating to state lands; amending s. 253.034, 3 F.S.; providing legislative findings; defining the 4 term “low-impact agriculture”; revising measurable 5 objectives for management goals to include the 6 preservation of low-impact agriculture; requiring 7 updated land management plans to identify conservation 8 lands that could support low-impact agriculture and 9 conservation lands that are no longer needed and could 10 be disposed of; requiring the Division of State Lands 11 to review state-owned conservation lands and determine 12 if such lands could support low-impact agriculture or 13 be disposed of; requiring the division to submit a 14 list of such lands to the Acquisition and Restoration 15 Council; requiring the council to provide 16 recommendations to the division and the Board of 17 Trustees of the Internal Improvement Trust Fund; 18 requiring that the division may direct managing 19 agencies to offer agreements for low-impact 20 agriculture on such lands under certain conditions; 21 providing applicability of such agreements; specifying 22 that the board may dispose of such lands under certain 23 conditions; requiring the division to review certain 24 nonconservation lands and make recommendations to the 25 board as to whether such lands should be retained in 26 public ownership or disposed of; creating s. 253.87, 27 F.S.; directing the Department of Environmental 28 Protection to include certain county, municipal, 29 state, and federal lands in the Florida State-Owned 30 Lands and Records Information System (SOLARIS) 31 database and to update the database at specified 32 intervals; requiring counties, municipalities, and 33 financially disadvantaged small communities to submit 34 a list of certain lands to the department by a 35 specified date and at specified intervals; directing 36 the department to conduct a study and submit a report 37 to the Governor and the Legislature by a specified 38 date on the technical and economic feasibility of 39 including certain lands in the database or a similar 40 public lands inventory; amending s. 259.105, F.S.; 41 deleting obsolete provisions; requiring the council to 42 give increased priority to certain projects when 43 developing proposed rules relating to Florida Forever 44 funding and additions to the Conservation and 45 Recreation Lands list; amending s. 373.089, F.S.; 46 revising the procedures a water management district 47 must follow for publishing notice of intention to sell 48 parcels no longer essential or necessary for 49 conservation purposes and valued below a certain 50 threshold; providing that such parcels may be sold 51 directly to the highest bidder; authorizing districts 52 to include restrictions on future use of such parcels 53 sold; directing the department to consolidate 54 specified parcels of conservation lands under a 55 single, unified title and legal description by a 56 specified date; providing an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Subsection (1), paragraphs (b) and (e) of 61 subsection (5), and subsection (6) of section 253.034, Florida 62 Statutes, are amended, and paragraph (e) is added to subsection 63 (2), to read: 64 253.034 State-owned lands; uses.— 65 (1)(a) The Legislature finds that the total land area of 66 the state is approximately 34.7 million acres and, as of January 67 1, 2014, approximately 3.2 million acres of conservation lands 68 are titled in the name of the Board of Trustees of the Internal 69 Improvement Trust Fund. Approximately 1.2 million acres of these 70 conservation lands, which equal approximately 3.4 percent of the 71 total land area of the state, are uplands located above the 72 boundary of jurisdictional wetlands. 73 (b) All lands acquired pursuant to chapter 259 shall be 74 managed to serve the public interest by protecting and 75 conserving land, air, water, and the state’s natural resources, 76 which contribute to the public health, welfare, and economy of 77 the state. These lands shall be managed to provide for areas of 78 natural resource based recreation, and to ensure the survival of 79 plant and animal species and the conservation of finite and 80 renewable natural resources. The state’s lands and natural 81 resources shall be managed using a stewardship ethic that 82 assures these resources will be available for the benefit and 83 enjoyment of all people of the state, both present and future. 84 It is the intent of the Legislature that, where feasible and 85 consistent with the goals of protection and conservation of 86 natural resources associated with lands held in the public trust 87 by the Board of Trustees of the Internal Improvement Trust Fund, 88 public land not designated for single-use purposes pursuant to 89 paragraph (2)(b) be managed for multiple-use purposes. All 90 multiple-use land management strategies shall address public 91 access and enjoyment, resource conservation and protection, 92 ecosystem maintenance and protection, and protection of 93 threatened and endangered species, and the degree to which 94 public-private partnerships or endowments may allow the entity 95 with management responsibility to enhance its ability to manage 96 these lands. The Acquisition and Restoration Council created in 97 s. 259.035 shall recommend rules to the board of trustees, and 98 the board shall adopt rules necessary to carry out the purposes 99 of this section. 100 (2) As used in this section, the following phrases have the 101 following meanings: 102 (e) “Low-impact agriculture,” as used in this chapter, 103 means any agricultural activity that, when occurring on 104 conservation land or on land under a permanent conservation 105 easement: 106 1. Does not cause or contribute to violations of water 107 quality standards as evidenced by water quality monitoring 108 prescribed by the department or an applicable water management 109 district; 110 2. Is consistent with an adopted land management plan; 111 3. Does not adversely impact the land’s conservation 112 purpose; and 113 4. Does not adversely limit recreational use. 114 115 Lands acquired by the state as a gift, through donation, or by 116 any other conveyance for which no consideration was paid, and 117 which are not managed for conservation, outdoor resource-based 118 recreation, or archaeological or historic preservation under a 119 land management plan approved by the board of trustees are not 120 conservation lands. 121 (5) Each manager of conservation lands shall submit to the 122 Division of State Lands a land management plan at least every 10 123 years in a form and manner prescribed by rule by the board and 124 in accordance with the provisions of s. 259.032. Each manager of 125 conservation lands shall also update a land management plan 126 whenever the manager proposes to add new facilities or make 127 substantive land use or management changes that were not 128 addressed in the approved plan, or within 1 year of the addition 129 of significant new lands. Each manager of nonconservation lands 130 shall submit to the Division of State Lands a land use plan at 131 least every 10 years in a form and manner prescribed by rule by 132 the board. The division shall review each plan for compliance 133 with the requirements of this subsection and the requirements of 134 the rules established by the board pursuant to this section. All 135 land use plans, whether for single-use or multiple-use 136 properties, shall include an analysis of the property to 137 determine if any significant natural or cultural resources are 138 located on the property. Such resources include archaeological 139 and historic sites, state and federally listed plant and animal 140 species, and imperiled natural communities and unique natural 141 features. If such resources occur on the property, the manager 142 shall consult with the Division of State Lands and other 143 appropriate agencies to develop management strategies to protect 144 such resources. Land use plans shall also provide for the 145 control of invasive nonnative plants and conservation of soil 146 and water resources, including a description of how the manager 147 plans to control and prevent soil erosion and soil or water 148 contamination. Land use plans submitted by a manager shall 149 include reference to appropriate statutory authority for such 150 use or uses and shall conform to the appropriate policies and 151 guidelines of the state land management plan. Plans for managed 152 areas larger than 1,000 acres shall contain an analysis of the 153 multiple-use potential of the property, which analysis shall 154 include the potential of the property to generate revenues to 155 enhance the management of the property. Additionally, the plan 156 shall contain an analysis of the potential use of private land 157 managers to facilitate the restoration or management of these 158 lands. In those cases where a newly acquired property has a 159 valid conservation plan that was developed by a soil and 160 conservation district, such plan shall be used to guide 161 management of the property until a formal land use plan is 162 completed. 163 (b) Short-term and long-term management goals shall include 164 measurable objectives for the following, as appropriate: 165 1. Habitat restoration and improvement. 166 2. Public access and recreational opportunities. 167 3. Hydrological preservation and restoration. 168 4. Sustainable forest management. 169 5. Exotic and invasive species maintenance and control. 170 6. Capital facilities and infrastructure. 171 7. Cultural and historical resources. 172 8. Imperiled species habitat maintenance, enhancement, 173 restoration, or population restoration. 174 9. Preservation of low-impact agriculture. 175 (e) Land management plans are to be updated every 10 years 176 on a rotating basis. Each updated land management plan must 177 identify conservation lands under the plan, except lands managed 178 as a state park or preserve, in part or in whole,: 179 1. Which could support low-impact agricultural uses while 180 maintaining the land’s conservation purposes; and 181 2. Which are no longer needed for conservation purposes and 182 could be disposed of in fee simple or with the state retaining a 183 permanent conservation easement. 184 (6) The boardof Trustees of the Internal Improvement Trust185Fundshall determine which lands titled to, the title to which186is vested inthe board,may be surplused. For conservation 187 lands, the board shall determine whether the lands are no longer 188 needed for conservation purposes and may dispose of them by an 189 affirmative vote of at least three members. In the case of a 190 land exchange involving the disposition of conservation lands, 191 the board must determine by an affirmative vote of at least 192 three members that the exchange will result in a net positive 193 conservation benefit. For all other lands, the board shall 194 determine whether the lands are no longer needed and may dispose 195 of them by an affirmative vote of at least three members. 196 (a) For the purposes of this subsection, all lands acquired 197 by the state before July 1, 1999, using proceeds from 198 Preservation 2000 bonds, the Conservation and Recreation Lands 199 Trust Fund, the Water Management Lands Trust Fund, 200 Environmentally Endangered Lands Program, and the Save Our Coast 201 Program and titled to the board which are identified as core 202 parcels or within original project boundaries are deemed to have 203 been acquired for conservation purposes. 204 (b) For any lands purchased by the state on or after July 205 1, 1999, before acquisition, the board must determine which 206 parcels must be designated as having been acquired for 207 conservation purposes. Lands acquired for use by the Department 208 of Corrections, the Department of Management Services for use as 209 state offices, the Department of Transportation, except those 210 specifically managed for conservation or recreation purposes, or 211 the State University System or the Florida College System may 212 not be designated as having been purchased for conservation 213 purposes. 214 (c)1. At least every 10 years, the division shall review 215 all state-owned conservation lands titled to the board to 216 determine whether any such lands could support low-impact 217 agricultural uses while maintaining the land’s conservation 218 purposes. After such review, the division shall submit to the 219 council a list of such lands, including any additional lands 220 identified in any updated land management plan pursuant to 221 subparagraph (5)(e)1. Within 9 months after receiving the list, 222 the council shall provide recommendations to the division as to 223 whether any such lands could support low-impact agricultural 224 uses while maintaining the land’s conservation purposes. After 225 considering such recommendations, the division may direct 226 managing agencies to offer agreements for low-impact agriculture 227 on lands that it determines could support such agriculture while 228 maintaining the land’s conservation purposes. This section does 229 not prohibit a managing agency from entering into agreements as 230 otherwise provided by law. An agreement entered into pursuant to 231 this paragraph may not exceed a term of 10 years. However, an 232 agreement may be renewed with the consent of the divisionas a233component of each land management plan or land use plan and in a234form and manner prescribed by rule by the board, each manager235shall evaluate and indicate to the board those lands that are236not being used for the purpose for which they were originally237leased.For conservation lands, the council shall review and238recommend to the board whether such lands should be retained in239public ownership or disposed of by the board. For240nonconservation lands, the division shall review such lands and241recommend to the board whether such lands should be retained in242public ownership or disposed of by the board.243 2. At least every 10 years, the division shall review all 244 state-owned conservation lands titled to the board to determine 245 whether any such lands are no longer needed for conservation 246 purposes and could be disposed of in fee simple or with the 247 state retaining a permanent conservation easement. After such 248 review, the division shall submit a list of such lands, 249 including additional conservation lands identified in an updated 250 land management plan pursuant to subparagraph (5)(e)2., to the 251 council. Within 9 months after receiving the list, the council 252 shall provide recommendations to the board as to whether any 253 such lands are no longer needed for conservation purposes and 254 could be disposed of in fee simple or with the state retaining a 255 permanent conservation easement. After reviewing such list and 256 considering such recommendations, if the board determines by an 257 affirmative vote of at least three members of the board that any 258 such lands are no longer needed for conservation purposes, the 259 board may dispose of the lands in fee simple or with the state 260 retaining a permanent conservation easement. 261 3. At least every 10 years, the division shall review all 262 encumbered and unencumbered nonconservation lands titled to the 263 board and recommend to the board whether any such lands should 264 be retained in public ownership or disposed of by the board. The 265 board may dispose of nonconservation lands under this paragraph 266 by a majority vote of the board. 267 (d) Lands titled toowned bythe board which are not 268 actively managed by any state agency or for which a land 269 management plan has not been completed pursuant to subsection 270 (5) must be reviewed by the council or its successor for its 271 recommendation as to whether such lands should be disposed of by 272 the board. 273 (e) Before any decision by the board to surplus lands, the 274Acquisition and Restorationcouncil shall review and make 275 recommendations to the board concerning the request for 276 surplusing. The council shall determine whether the request for 277 surplusing is compatible with the resource values of and 278 management objectives for such lands. 279 (f) In reviewing lands titled toowned bythe board, the 280 council shall consider whether such lands would be more 281 appropriately owned or managed by the county or other unit of 282 local government in which the land is located. The council shall 283 recommend to the board whether a sale, lease, or other 284 conveyance to a local government would be in the best interests 285 of the state and local government.The provisions ofThis 286 paragraph does notin no waylimit the provisions of ss. 253.111 287 and 253.115. Such lands shall be offered to the state, county, 288 or local government fora period of45 days. Permittable uses 289 for such surplus lands may include public schools; public 290 libraries; fire or law enforcement substations; governmental, 291 judicial, or recreational centers; and affordable housing 292 meeting the criteria of s. 420.0004(3). County or local 293 government requests for surplus lands shall be expedited 294 throughout the surplusing process. If the county or local 295 government does not elect to purchase such lands in accordance 296 with s. 253.111, any surplusing determination involving other 297 governmental agencies shall be made when the board decides the 298 best public use of the lands. Surplus landspropertiesin which 299 governmental agencies have not expressed annointerest must 300thenbe available for sale on the private market. 301 (g) The sale price of lands determined to be surplus 302 pursuant to this subsection and s. 253.82 shall be determined by 303 the division, which shall consider an appraisal of the property, 304 or, if the estimated value of the land is $500,000 or less, a 305 comparable sales analysis or a broker’s opinion of value. The 306 division may require a second appraisal. The individual or 307 entity that requests to purchase the surplus parcel shall pay 308 all costs associated with determining the property’s value, if 309 any. 310 1. A written valuation of land determined to be surplus 311 pursuant to this subsection and s. 253.82, and related documents 312 used to form the valuation or which pertain to the valuation, 313 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 314 I of the State Constitution. 315 a. The exemption expires 2 weeks before the contract or 316 agreement regarding the purchase, exchange, or disposal of the 317 surplus land is first considered for approval by the board. 318 b. Before expiration of the exemption, the division may 319 disclose confidential and exempt appraisals, valuations, or 320 valuation information regarding surplus land: 321 (I) During negotiations for the sale or exchange of the 322 land. 323 (II) During the marketing effort or bidding process 324 associated with the sale, disposal, or exchange of the land to 325 facilitate closure of such effort or process. 326 (III) When the passage of time has made the conclusions of 327 value invalid. 328 (IV) When negotiations or marketing efforts concerning the 329 land are concluded. 330 2. A unit of government that acquires title to lands 331 pursuant to this paragraphhereunderfor less than appraised 332 value may not sell or transfer title to all or any portion of 333 the lands to any private owner for 10 years. Any unit of 334 government seeking to transfer or sell lands pursuant to this 335 paragraph must first allow the boardof trusteesto reacquire 336 such lands for the price at which the board sold such lands. 337 (h) Parcels with a market value over $500,000 must be 338 initially offered for sale by competitive bid. The division may 339 use agents, as authorized by s. 253.431, for this process. Any 340 parcels unsuccessfully offered for sale by competitive bid, and 341 parcels with a market value of $500,000 or less, may be sold by 342 any reasonable means, including procuring real estate services, 343 open or exclusive listings, competitive bid, auction, negotiated 344 direct sales, or other appropriate services, to facilitate the 345 sale. 346 (i) After reviewing the recommendations of the council, the 347 board shall determine whether lands identified for surplus are 348 to be held for other public purposes or are no longer needed. 349 The board may require an agency to release its interest in such 350 lands. A state agency, county, or local government that has 351 requested the use of a property that was to be declared as 352 surplus must secure the property under lease within 90 days 353 after being notified that it may use such property. 354 (j) Requests for surplusing may be made by any public or 355 private entity or person. All requests shall be submitted to the 356 lead managing agency for review and recommendation to the 357 council or its successor. Lead managing agencies have 90 days to 358 review such requests and make recommendations. Any surplusing 359 requests that have not been acted upon within the 90-daytime360 period shall be immediately scheduled for hearing at the next 361 regularly scheduled meeting of the council or its successor. 362 Requests for surplusing pursuant to this paragraph are not 363 required to be offered to local or state governments as provided 364 in paragraph (f). 365 (k) Proceeds from any sale of surplus lands pursuant to 366 this subsection shall be deposited into the fund from which such 367 lands were acquired. However, if the fund from which the lands 368 were originally acquired no longer exists, such proceeds shall 369 be deposited into an appropriate account to be used for land 370 management by the lead managing agency assigned the lands before 371 the lands were declared surplus. Funds received from the sale of 372 surplus nonconservation lands, or lands that were acquired by 373 gift, by donation, or for no consideration, shall be deposited 374 into the Internal Improvement Trust Fund. 375 (l) Notwithstanding this subsection, such disposition of 376 land may not be made if it would have the effect of causing all 377 or any portion of the interest on any revenue bonds issued to 378 lose the exclusion from gross income for federal income tax 379 purposes. 380 (m) The sale of filled, formerly submerged land that does 381 not exceed 5 acres in area is not subject to review by the 382 council or its successor. 383 (n) The board may adopt rules to administer this section 384 which may include procedures for administering surplus land 385 requests and criteria for when the division may approve requests 386 to surplus nonconservation lands on behalf of the board. 387 Section 2. Section 253.87, Florida Statutes, is created to 388 read: 389 253.87 Inventory of state, federal, and local government 390 conservation lands by the Department of Environmental 391 Protection.— 392 (1) By July 1, 2017, the Department of Environmental 393 Protection shall include in the Florida State-Owned Lands and 394 Records Information System (SOLARIS) database all federally 395 owned conservation lands, all lands on which the federal 396 government retains a permanent conservation easement, and all 397 lands on which the state retains a permanent conservation 398 easement. The department shall update the database at least 399 every 5 years. 400 (2)(a) By July 1, 2017, for counties and municipalities, 401 and by July 1, 2018, for financially disadvantaged small 402 communities, as defined in s. 403.1838, and at least every 5 403 years thereafter, respectively, each county, municipality, and 404 financially disadvantaged small community shall identify all 405 conservation lands that it owns in fee simple and all lands on 406 which it retains a permanent conservation easement and submit, 407 in a manner determined by the department, a list of such lands 408 to the department. Within 6 months after receiving such list, 409 the department shall add such lands to the SOLARIS database. 410 (3) By January 1, 2017, the department shall conduct a 411 study and submit a report to the Governor, the President of the 412 Senate, and the Speaker of the House of Representatives on the 413 technical and economic feasibility of including any of the 414 following lands in the SOLARIS database or a similar public 415 lands inventory: 416 (a) All lands on which local comprehensive plans, land use 417 restrictions, zoning ordinances, or land development regulations 418 prohibit the land from being developed or limit the amount of 419 development to one unit per 40 or more acres. 420 (b) All publicly and privately owned lands for which 421 development rights have been transferred. 422 (c) All privately owned lands under a permanent 423 conservation easement. 424 (d) All lands owned by a nonprofit or nongovernmental 425 organization for conservation purposes. 426 (e) All lands that are part of a mitigation bank. 427 Section 3. Present subsections (5) through (21) of section 428 259.105, Florida Statutes, are redesignated as subsections (4) 429 through (20), respectively, and present subsections (4), (11), 430 and (14) are amended, to read: 431 259.105 The Florida Forever Act.— 432(4) Notwithstanding subsection (3) and for the 2014-2015433fiscal year only, the funds appropriated in section 56 of the4342014-2015 General Appropriations Act may be provided to water435management districts for land acquisitions, including less-than436fee interest, identified by water management districts as being437needed for water resource protection or ecosystem restoration.438This subsection expires July 1, 2015.439 (10)(11)The Acquisition and Restoration Council shall give 440 increased priority to: 441 (a)thoseProjects for which matching funds are available. 442 (b)and toProject elements previously identified on an 443 acquisition list pursuant to this section that can be acquired 444 at 80 percent or less of appraised value. 445 (c) Projects that can be acquired in less than fee 446 ownership, such as a permanent conservation easement. 447 (d) Projects that contribute to improving the quality and 448 quantity of surface water and groundwater. 449 (e) Projects that contribute to improving the water quality 450 and flow of springs. 451 (f) Projects that contribute to a 20-year strategy for 452 implementation of s. 28, Art. X of the State Constitution which 453 achieve the goals set forth in subsection (5). 454 (g)The council shall also give increased priority to those455 Projects where the state’s land conservation plans overlap with 456 the military’s need to protect lands, water, and habitat to 457 ensure the sustainability of military missions including: 458 1.(a)Protecting habitat on nonmilitary land for any 459 species found on military land that is designated as threatened 460 or endangered, or is a candidate for such designation under the 461 Endangered Species Act or any Florida statute; 462 2.(b)Protecting areas underlying low-level military air 463 corridors or operating areas; and 464 3.(c)Protecting areas identified as clear zones, accident 465 potential zones, and air installation compatible use buffer 466 zones delineated by our military partners, and for which federal 467 or other funding is available to assist with the project. 468 (13)(14)An affirmative vote of at least five members of 469 the Acquisition and Restoration Council shall be required in 470 order to place aproposedproject submitted pursuant to 471 subsection (6) on the proposed project list developed pursuant 472 to subsection (8). Any member of the council who by family or a 473 business relationship has a connection with any project proposed 474 to be ranked shall declare such interest beforeprior tovoting 475 for a project’s inclusion on the list. 476 Section 4. Subsection (8) is added to section 373.089, 477 Florida Statutes, to read: 478 373.089 Sale or exchange of lands, or interests or rights 479 in lands.—The governing board of the district may sell lands, or 480 interests or rights in lands, to which the district has acquired 481 title or to which it may hereafter acquire title in the 482 following manner: 483 (8) If a parcel of land is no longer essential or necessary 484 for conservation purposes and is valued at $25,000 or less as 485 determined by a certified appraisal obtained within 360 days 486 before any sale, the governing board may sell the lot to an 487 adjacent property owner. Notwithstanding the successive 488 publishing requirements in subsection (3), a water management 489 district must cause a notice of intention to sell to be 490 published no more than 45 days prior to sale, send notice of its 491 intention to sell the parcel to adjacent property owners by 492 certified mail, and post the notice of sale on its website. The 493 governing board may close the sale of the parcel without 494 receiving bids after 14 days from such publication. If, within 495 14 days after such publication, two or more owners of adjacent 496 properties notify the water management district of their desire 497 to purchase the parcel, the water management district shall 498 accept sealed bids from such property owners and may sell such 499 parcel to the highest bidder or reject all offers. The water 500 management district may include a restriction on the future use 501 of such parcel as a term and condition of the sale. 502 Section 5. Consolidating titles to state-owned conservation 503 lands.—As expeditiously as possible, but not later than July 1, 504 2018, the Department of Environmental Protection shall 505 consolidate under a single, unified title and legal description 506 all individually titled parcels of conservation lands solely 507 owned by the Board of Trustees of the Internal Improvement Trust 508 Fund that are contiguous to other parcels of conservation lands 509 solely owned by the board. 510 Section 6. This act shall take effect July 1, 2015.