Bill Text: FL S7086 | 2015 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Lands
Spectrum: Committee Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S7086 Detail]
Download: Florida-2015-S7086-Prefiled.html
Bill Title: State Lands
Spectrum: Committee Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S7086 Detail]
Download: Florida-2015-S7086-Prefiled.html
Florida Senate - 2015 (PROPOSED BILL) SPB 7086 FOR CONSIDERATION By the Committee on Environmental Preservation and Conservation 592-03468-15 20157086pb 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; directing the department to 46 consolidate specified parcels of conservation lands 47 under a single, unified title and legal description by 48 a specified date; providing an effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Subsection (1), paragraphs (b) and (e) of 53 subsection (5), and subsection (6) of section 253.034, Florida 54 Statutes, are amended, and paragraph (e) is added to subsection 55 (2), to read: 56 253.034 State-owned lands; uses.— 57 (1)(a) The Legislature finds that the total land area of 58 the state is approximately 34.7 million acres and, as of January 59 1, 2014, approximately 3.2 million acres of conservation lands 60 are titled in the name of the Board of Trustees of the Internal 61 Improvement Trust Fund. Approximately 1.2 million acres of these 62 conservation lands, which equal approximately 3.4 percent of the 63 total land area of the state, are uplands located above the 64 boundary of jurisdictional wetlands. 65 (b) All lands acquired pursuant to chapter 259 shall be 66 managed to serve the public interest by protecting and 67 conserving land, air, water, and the state’s natural resources, 68 which contribute to the public health, welfare, and economy of 69 the state. These lands shall be managed to provide for areas of 70 natural resource based recreation, and to ensure the survival of 71 plant and animal species and the conservation of finite and 72 renewable natural resources. The state’s lands and natural 73 resources shall be managed using a stewardship ethic that 74 assures these resources will be available for the benefit and 75 enjoyment of all people of the state, both present and future. 76 It is the intent of the Legislature that, where feasible and 77 consistent with the goals of protection and conservation of 78 natural resources associated with lands held in the public trust 79 by the Board of Trustees of the Internal Improvement Trust Fund, 80 public land not designated for single-use purposes pursuant to 81 paragraph (2)(b) be managed for multiple-use purposes. All 82 multiple-use land management strategies shall address public 83 access and enjoyment, resource conservation and protection, 84 ecosystem maintenance and protection, and protection of 85 threatened and endangered species, and the degree to which 86 public-private partnerships or endowments may allow the entity 87 with management responsibility to enhance its ability to manage 88 these lands. The Acquisition and Restoration Council created in 89 s. 259.035 shall recommend rules to the board of trustees, and 90 the board shall adopt rules necessary to carry out the purposes 91 of this section. 92 (2) As used in this section, the following phrases have the 93 following meanings: 94 (e) “Low-impact agriculture,” as used in this chapter, 95 means any agricultural activity that, when occurring on 96 conservation land or on land under a permanent conservation 97 easement: 98 1. Does not cause or contribute to violations of water 99 quality standards as evidenced by water quality monitoring 100 prescribed by the department or an applicable water management 101 district; 102 2. Is consistent with an adopted land management plan; and 103 3. Does not adversely impact the land’s conservation 104 purpose. 105 106 Lands acquired by the state as a gift, through donation, or by 107 any other conveyance for which no consideration was paid, and 108 which are not managed for conservation, outdoor resource-based 109 recreation, or archaeological or historic preservation under a 110 land management plan approved by the board of trustees are not 111 conservation lands. 112 (5) Each manager of conservation lands shall submit to the 113 Division of State Lands a land management plan at least every 10 114 years in a form and manner prescribed by rule by the board and 115 in accordance with the provisions of s. 259.032. Each manager of 116 conservation lands shall also update a land management plan 117 whenever the manager proposes to add new facilities or make 118 substantive land use or management changes that were not 119 addressed in the approved plan, or within 1 year of the addition 120 of significant new lands. Each manager of nonconservation lands 121 shall submit to the Division of State Lands a land use plan at 122 least every 10 years in a form and manner prescribed by rule by 123 the board. The division shall review each plan for compliance 124 with the requirements of this subsection and the requirements of 125 the rules established by the board pursuant to this section. All 126 land use plans, whether for single-use or multiple-use 127 properties, shall include an analysis of the property to 128 determine if any significant natural or cultural resources are 129 located on the property. Such resources include archaeological 130 and historic sites, state and federally listed plant and animal 131 species, and imperiled natural communities and unique natural 132 features. If such resources occur on the property, the manager 133 shall consult with the Division of State Lands and other 134 appropriate agencies to develop management strategies to protect 135 such resources. Land use plans shall also provide for the 136 control of invasive nonnative plants and conservation of soil 137 and water resources, including a description of how the manager 138 plans to control and prevent soil erosion and soil or water 139 contamination. Land use plans submitted by a manager shall 140 include reference to appropriate statutory authority for such 141 use or uses and shall conform to the appropriate policies and 142 guidelines of the state land management plan. Plans for managed 143 areas larger than 1,000 acres shall contain an analysis of the 144 multiple-use potential of the property, which analysis shall 145 include the potential of the property to generate revenues to 146 enhance the management of the property. Additionally, the plan 147 shall contain an analysis of the potential use of private land 148 managers to facilitate the restoration or management of these 149 lands. In those cases where a newly acquired property has a 150 valid conservation plan that was developed by a soil and 151 conservation district, such plan shall be used to guide 152 management of the property until a formal land use plan is 153 completed. 154 (b) Short-term and long-term management goals shall include 155 measurable objectives for the following, as appropriate: 156 1. Habitat restoration and improvement. 157 2. Public access and recreational opportunities. 158 3. Hydrological preservation and restoration. 159 4. Sustainable forest management. 160 5. Exotic and invasive species maintenance and control. 161 6. Capital facilities and infrastructure. 162 7. Cultural and historical resources. 163 8. Imperiled species habitat maintenance, enhancement, 164 restoration, or population restoration. 165 9. Preservation of low-impact agriculture. 166 (e) Land management plans are to be updated every 10 years 167 on a rotating basis. Each updated land management plan must 168 identify conservation lands under the plan, in part or in whole: 169 1. Which could support low-impact agricultural uses while 170 maintaining the land’s conservation purposes; and 171 2. Which are no longer needed for conservation purposes and 172 could be disposed of in fee simple or with the state retaining a 173 permanent conservation easement. 174 (6) The boardof Trustees of the Internal Improvement Trust175Fundshall determine which lands titled to, the title to which176is vested inthe board,may be surplused. For conservation 177 lands, the board shall determine whether the lands are no longer 178 needed for conservation purposes and may dispose of them by an 179 affirmative vote of at least three members. In the case of a 180 land exchange involving the disposition of conservation lands, 181 the board must determine by an affirmative vote of at least 182 three members that the exchange will result in a net positive 183 conservation benefit. For all other lands, the board shall 184 determine whether the lands are no longer needed and may dispose 185 of them by an affirmative vote of at least three members. 186 (a) For the purposes of this subsection, all lands acquired 187 by the state before July 1, 1999, using proceeds from 188 Preservation 2000 bonds, the Conservation and Recreation Lands 189 Trust Fund, the Water Management Lands Trust Fund, 190 Environmentally Endangered Lands Program, and the Save Our Coast 191 Program and titled to the board which are identified as core 192 parcels or within original project boundaries are deemed to have 193 been acquired for conservation purposes. 194 (b) For any lands purchased by the state on or after July 195 1, 1999, before acquisition, the board must determine which 196 parcels must be designated as having been acquired for 197 conservation purposes. Lands acquired for use by the Department 198 of Corrections, the Department of Management Services for use as 199 state offices, the Department of Transportation, except those 200 specifically managed for conservation or recreation purposes, or 201 the State University System or the Florida College System may 202 not be designated as having been purchased for conservation 203 purposes. 204 (c)1. At least every 10 years, the division shall review 205 all state-owned conservation lands titled to the board to 206 determine whether any such lands could support low-impact 207 agricultural uses while maintaining the land’s conservation 208 purposes. After such review, the division shall submit to the 209 council a list of such lands, including any additional lands 210 identified in any updated land management plan pursuant to 211 subparagraph (5)(e)1. Within 9 months after receiving the list, 212 the council shall provide recommendations to the division as to 213 whether any such lands could support low-impact agricultural 214 uses while maintaining the land’s conservation purposes. After 215 considering such recommendations, the division may direct 216 managing agencies to offer agreements for low-impact agriculture 217 on lands that it determines could support such agriculture while 218 maintaining the land’s conservation purposes. This section does 219 not prohibit a managing agency from entering into agreements as 220 otherwise provided by law. An agreement entered into pursuant to 221 this paragraph may not exceed a term of 10 years. However, an 222 agreement may be renewed with the consent of the divisionas a223component of each land management plan or land use plan and in a224form and manner prescribed by rule by the board, each manager225shall evaluate and indicate to the board those lands that are226not being used for the purpose for which they were originally227leased.For conservation lands, the council shall review and228recommend to the board whether such lands should be retained in229public ownership or disposed of by the board. For230nonconservation lands, the division shall review such lands and231recommend to the board whether such lands should be retained in232public ownership or disposed of by the board.233 2. At least every 10 years, the division shall review all 234 state-owned conservation lands titled to the board to determine 235 whether any such lands are no longer needed for conservation 236 purposes and could be disposed of in fee simple or with the 237 state retaining a permanent conservation easement. After such 238 review, the division shall submit a list of such lands, 239 including additional conservation lands identified in an updated 240 land management plan pursuant to subparagraph (5)(e)2., to the 241 council. Within 9 months after receiving the list, the council 242 shall provide recommendations to the board as to whether any 243 such lands are no longer needed for conservation purposes and 244 could be disposed of in fee simple or with the state retaining a 245 permanent conservation easement. After reviewing such list and 246 considering such recommendations, if the board determines by an 247 affirmative vote of at least three members of the board that any 248 such lands are no longer needed for conservation purposes, the 249 board may dispose of the lands in fee simple or with the state 250 retaining a permanent conservation easement. 251 3. At least every 10 years, the division shall review all 252 encumbered and unencumbered nonconservation lands titled to the 253 board and recommend to the board whether any such lands should 254 be retained in public ownership or disposed of by the board. The 255 board may dispose of nonconservation lands under this paragraph 256 by a majority vote of the board. 257 (d) Lands titled toowned bythe board which are not 258 actively managed by any state agency or for which a land 259 management plan has not been completed pursuant to subsection 260 (5) must be reviewed by the council or its successor for its 261 recommendation as to whether such lands should be disposed of by 262 the board. 263 (e) Before any decision by the board to surplus lands, the 264Acquisition and Restorationcouncil shall review and make 265 recommendations to the board concerning the request for 266 surplusing. The council shall determine whether the request for 267 surplusing is compatible with the resource values of and 268 management objectives for such lands. 269 (f) In reviewing lands titled toowned bythe board, the 270 council shall consider whether such lands would be more 271 appropriately owned or managed by the county or other unit of 272 local government in which the land is located. The council shall 273 recommend to the board whether a sale, lease, or other 274 conveyance to a local government would be in the best interests 275 of the state and local government.The provisions ofThis 276 paragraph does notin no waylimit the provisions of ss. 253.111 277 and 253.115. Such lands shall be offered to the state, county, 278 or local government fora period of45 days. Permittable uses 279 for such surplus lands may include public schools; public 280 libraries; fire or law enforcement substations; governmental, 281 judicial, or recreational centers; and affordable housing 282 meeting the criteria of s. 420.0004(3). County or local 283 government requests for surplus lands shall be expedited 284 throughout the surplusing process. If the county or local 285 government does not elect to purchase such lands in accordance 286 with s. 253.111, any surplusing determination involving other 287 governmental agencies shall be made when the board decides the 288 best public use of the lands. Surplus landspropertiesin which 289 governmental agencies have not expressed annointerest must 290thenbe available for sale on the private market. 291 (g) The sale price of lands determined to be surplus 292 pursuant to this subsection and s. 253.82 shall be determined by 293 the division, which shall consider an appraisal of the property, 294 or, if the estimated value of the land is $500,000 or less, a 295 comparable sales analysis or a broker’s opinion of value. The 296 division may require a second appraisal. The individual or 297 entity that requests to purchase the surplus parcel shall pay 298 all costs associated with determining the property’s value, if 299 any. 300 1. A written valuation of land determined to be surplus 301 pursuant to this subsection and s. 253.82, and related documents 302 used to form the valuation or which pertain to the valuation, 303 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 304 I of the State Constitution. 305 a. The exemption expires 2 weeks before the contract or 306 agreement regarding the purchase, exchange, or disposal of the 307 surplus land is first considered for approval by the board. 308 b. Before expiration of the exemption, the division may 309 disclose confidential and exempt appraisals, valuations, or 310 valuation information regarding surplus land: 311 (I) During negotiations for the sale or exchange of the 312 land. 313 (II) During the marketing effort or bidding process 314 associated with the sale, disposal, or exchange of the land to 315 facilitate closure of such effort or process. 316 (III) When the passage of time has made the conclusions of 317 value invalid. 318 (IV) When negotiations or marketing efforts concerning the 319 land are concluded. 320 2. A unit of government that acquires title to lands 321 pursuant to this paragraphhereunderfor less than appraised 322 value may not sell or transfer title to all or any portion of 323 the lands to any private owner for 10 years. Any unit of 324 government seeking to transfer or sell lands pursuant to this 325 paragraph must first allow the boardof trusteesto reacquire 326 such lands for the price at which the board sold such lands. 327 (h) Parcels with a market value over $500,000 must be 328 initially offered for sale by competitive bid. The division may 329 use agents, as authorized by s. 253.431, for this process. Any 330 parcels unsuccessfully offered for sale by competitive bid, and 331 parcels with a market value of $500,000 or less, may be sold by 332 any reasonable means, including procuring real estate services, 333 open or exclusive listings, competitive bid, auction, negotiated 334 direct sales, or other appropriate services, to facilitate the 335 sale. 336 (i) After reviewing the recommendations of the council, the 337 board shall determine whether lands identified for surplus are 338 to be held for other public purposes or are no longer needed. 339 The board may require an agency to release its interest in such 340 lands. A state agency, county, or local government that has 341 requested the use of a property that was to be declared as 342 surplus must secure the property under lease within 90 days 343 after being notified that it may use such property. 344 (j) Requests for surplusing may be made by any public or 345 private entity or person. All requests shall be submitted to the 346 lead managing agency for review and recommendation to the 347 council or its successor. Lead managing agencies have 90 days to 348 review such requests and make recommendations. Any surplusing 349 requests that have not been acted upon within the 90-daytime350 period shall be immediately scheduled for hearing at the next 351 regularly scheduled meeting of the council or its successor. 352 Requests for surplusing pursuant to this paragraph are not 353 required to be offered to local or state governments as provided 354 in paragraph (f). 355 (k) Proceeds from any sale of surplus lands pursuant to 356 this subsection shall be deposited into the fund from which such 357 lands were acquired. However, if the fund from which the lands 358 were originally acquired no longer exists, such proceeds shall 359 be deposited into an appropriate account to be used for land 360 management by the lead managing agency assigned the lands before 361 the lands were declared surplus. Funds received from the sale of 362 surplus nonconservation lands, or lands that were acquired by 363 gift, by donation, or for no consideration, shall be deposited 364 into the Internal Improvement Trust Fund. 365 (l) Notwithstanding this subsection, such disposition of 366 land may not be made if it would have the effect of causing all 367 or any portion of the interest on any revenue bonds issued to 368 lose the exclusion from gross income for federal income tax 369 purposes. 370 (m) The sale of filled, formerly submerged land that does 371 not exceed 5 acres in area is not subject to review by the 372 council or its successor. 373 (n) The board may adopt rules to administer this section 374 which may include procedures for administering surplus land 375 requests and criteria for when the division may approve requests 376 to surplus nonconservation lands on behalf of the board. 377 Section 2. Section 253.87, Florida Statutes, is created to 378 read: 379 253.87 Inventory of state, federal, and local government 380 conservation lands by the Department of Environmental 381 Protection.— 382 (1) By July 1, 2017, the Department of Environmental 383 Protection shall include in the Florida State-Owned Lands and 384 Records Information System (SOLARIS) database all federally 385 owned conservation lands, all lands on which the federal 386 government retains a permanent conservation easement, and all 387 lands on which the state retains a permanent conservation 388 easement. The department shall update the database at least 389 every 5 years. 390 (2)(a) By July 1, 2017, for counties and municipalities, 391 and by July 1, 2018, for financially disadvantaged small 392 communities, as defined in s. 403.1838, and at least every 5 393 years thereafter, respectively, each county, municipality, and 394 financially disadvantaged small community shall identify all 395 conservation lands that it owns in fee simple and all lands on 396 which it retains a permanent conservation easement and submit, 397 in a manner determined by the department, a list of such lands 398 to the department. Within 6 months after receiving such list, 399 the department shall add such lands to the SOLARIS database. 400 (3) By January 1, 2017, the department shall conduct a 401 study and submit a report to the Governor, the President of the 402 Senate, and the Speaker of the House of Representatives on the 403 technical and economic feasibility of including any of the 404 following lands in the SOLARIS database or a similar public 405 lands inventory: 406 (a) All lands on which local comprehensive plans, land use 407 restrictions, zoning ordinances, or land development regulations 408 prohibit the land from being developed or limit the amount of 409 development to one unit per 40 or more acres. 410 (b) All publicly and privately owned lands for which 411 development rights have been transferred. 412 (c) All privately owned lands under a permanent 413 conservation easement. 414 (d) All lands owned by a nonprofit or nongovernmental 415 organization for conservation purposes. 416 (e) All lands that are part of a mitigation bank. 417 Section 3. Present subsections (5) through (21) of section 418 259.105, Florida Statutes, are redesignated as subsections (4) 419 through (20), respectively, and present subsections (4), (11), 420 and (14) are amended, to read: 421 259.105 The Florida Forever Act.— 422(4) Notwithstanding subsection (3) and for the 2014-2015423fiscal year only, the funds appropriated in section 56 of the4242014-2015 General Appropriations Act may be provided to water425management districts for land acquisitions, including less-than426fee interest, identified by water management districts as being427needed for water resource protection or ecosystem restoration.428This subsection expires July 1, 2015.429 (10)(11)The Acquisition and Restoration Council shall give 430 increased priority to: 431 (a)thoseProjects for which matching funds are available. 432 (b)and toProject elements previously identified on an 433 acquisition list pursuant to this section that can be acquired 434 at 80 percent or less of appraised value. 435 (c) Projects that can be acquired in less than fee 436 ownership, such as a permanent conservation easement. 437 (d) Projects that contribute to improving the quality and 438 quantity of surface water and groundwater. 439 (e) Projects that contribute to improving the water quality 440 and flow of springs. 441 (f)The council shall also give increased priority to those442 Projects where the state’s land conservation plans overlap with 443 the military’s need to protect lands, water, and habitat to 444 ensure the sustainability of military missions including: 445 1.(a)Protecting habitat on nonmilitary land for any 446 species found on military land that is designated as threatened 447 or endangered, or is a candidate for such designation under the 448 Endangered Species Act or any Florida statute; 449 2.(b)Protecting areas underlying low-level military air 450 corridors or operating areas; and 451 3.(c)Protecting areas identified as clear zones, accident 452 potential zones, and air installation compatible use buffer 453 zones delineated by our military partners, and for which federal 454 or other funding is available to assist with the project. 455 (13)(14)An affirmative vote of at least five members of 456 the Acquisition and Restoration Council shall be required in 457 order to place aproposedproject submitted pursuant to 458 subsection (6) on the proposed project list developed pursuant 459 to subsection (7)(8). Any member of the council who by family 460 or a business relationship has a connection with any project 461 proposed to be ranked shall declare such interest beforeprior462tovoting for a project’s inclusion on the list. 463 Section 4. Consolidating titles to state-owned conservation 464 lands.—As expeditiously as possible, but not later than July 1, 465 2018, the Department of Environmental Protection shall 466 consolidate under a single, unified title and legal description 467 all individually titled parcels of conservation lands solely 468 owned by the Board of Trustees of the Internal Improvement Trust 469 Fund that are contiguous to other parcels of conservation lands 470 solely owned by the board. 471 Section 5. This act shall take effect July 1, 2015.