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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to state land acquisition; amending s. 2
253.025, F.S.; increasing the estimated value 3
threshold of land acquisition agreements that are 4
required to be submitted to and approved by the Board 5
of Trustees of the Internal Improvement Trust Fund; 6
removing the requirement that agreements to acquire 7
initial lands for Florida Forever projects be 8
submitted to and approved by the board of trustees; 9
increasing the estimated value threshold for the 10
appraisal of certain land acquisitions; requiring, 11
rather than authorizing, the Department of 12
Environmental Protection to disclose appraisal reports 13
to private landowners or their representatives during 14
negotiations for land acquisitions; removing a 15
provision requiring private landowners to maintain 16
confidentiality of such reports; specifying the 17
authority of the board of trustees or the department, 18
as applicable, to acquire certain parcels at full 19
value as determined by the highest approved appraisal; 20
amending s. 253.0341, F.S.; increasing the frequency 21
of evaluations for retention or disposal of state -22
owned lands; amending s. 259.032, F.S.; authorizing 23
the Board of Trustees of the Internal Improvement 24
Trust Fund to acquire specified conservation and 25
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recreation lands; conforming provisions to changes 26
made by the act; amending s. 259.105, F.S.; requiring 27
the Department of Agriculture and Consumer Services to 28
submit an updated priority list for the acquisition of 29
certain agricultural lands to the Acquisition and 30
Restoration Council by a specified date; deleting an 31
obsolete provision; requiring the council to give 32
increased priority to specified projects; amending s. 33
375.041, F.S.; requiring an annual appropriation from 34
the Land Acquisition Trust Fund to the department for 35
the acquisition of specified lands; deleting an 36
obsolete provision; amending s. 570.71, F.S.; 37
requiring the Department of Agriculture and Consumer 38
Services, in consultation with the Department of 39
Environmental Protection, the water management 40
districts, the Department of Economic Opportunity, and 41
the Florida Fish and Wildlife Conservation Commission, 42
to adopt rules giving funding priority and preference 43
to specified lands; amending s. 570.715, F.S.; 44
requiring, rather than authorizing, the Department of 45
Agriculture and Consumer Services to disclose 46
appraisal reports to private landowners or their 47
representatives during negotiations for certain land 48
acquisitions; providing an effective date. 49
50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Subsection (4) and paragraphs (b), (f), and (j) 53
of subsection (8) of section 253.025, Florida Statutes, are 54
amended to read: 55
253.025 Acquisition of state lands. — 56
(4) An agreement to acquire real property for the purposes 57
described in this chapter, chapter 259, chapter 260, or chapter 58
375, title to which will vest in the board of trustees, may not 59
bind the state before the agreement is reviewed and approved by 60
the Department of Environmental Protection as complying with 61
this section and any rules adopted pursuant to this section. If 62
any of the following conditions exist, the agreement shall be 63
submitted to and approved by the board of trustees: 64
(a) The purchase price agreed to by the seller exceeds the 65
value as established pursuant to the rules of the board of 66
trustees; 67
(b) The contract price agreed to by the seller and the 68
acquiring agency exceeds $5 $1 million; 69
(c) The acquisition is the initial purchase in a Florida 70
Forever project; or 71
(c)(d) Other conditions that the board of trustees may 72
adopt by rule. Such conditions may incl ude, but are not limited 73
to, Florida Forever projects when title to the property being 74
acquired is considered nonmarketable or is encumbered in such a 75
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way as to significantly affect its management. 76
77
If approval of the board of trustees is required pursuant to 78
this subsection, the acquiring agency must provide a 79
justification as to why it is in the public's interest to 80
acquire the parcel or Florida Forever project. Approval of the 81
board of trustees is also required for Florida Forever projects 82
the department recommends acquiring pursuant to subsections (11) 83
and (22). Review and approval of agreements for acquisitions for 84
Florida Greenways and Trails Program properties pursuant to 85
chapter 260 may be waived by the department in any contract with 86
nonprofit corporations that have agreed to assist the department 87
with this program. If the contribution of the acquiring agency 88
exceeds $100 million in any one fiscal year, the agreement shall 89
be submitted to and approved by the Legislative Budget 90
Commission. 91
(8) Before approval by the board of trustees , or, when 92
applicable, the Department of Environmental Protection, of any 93
agreement to purchase land pursuant to this chapter, chapter 94
259, chapter 260, or chapter 375, and before negotiations with 95
the parcel owner to pur chase any other land, title to which will 96
vest in the board of trustees, an appraisal of the parcel shall 97
be required as follows: 98
(b) Each parcel to be acquired shall have at least one 99
appraisal. Two appraisals are required when the estimated value 100
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of the parcel exceeds $5 $1 million. However, if both appraisals 101
exceed $5 $1 million and differ significantly, a third appraisal 102
may be obtained. If a parcel is estimated to be worth $100,000 103
or less and the director of the Division of State Lands finds 104
that the cost of an outside appraisal is not justified, a 105
comparable sales analysis, an appraisal prepared by the 106
division, or other reasonably prudent procedures may be used by 107
the division to estimate the value of the parcel, provided the 108
public's interest is reasonably protected. The state is not 109
required to appraise the value of lands and appurtenances that 110
are being donated to the state. 111
(f) Appraisal reports are confidential and exempt from s. 112
119.07(1), for use by the agency and the board of trustees, 113
until an option contract is executed or, if no option contract 114
is executed, until 2 weeks before a contract or agreement for 115
purchase is considered for approval by the board of trustees. 116
However, the Department of Environmental Protection shall may 117
disclose appraisal reports to private landowners or their 118
representatives during negotiations for acquisitions using 119
alternatives to fee simple techniques, if the department 120
determines that disclosure of such reports will bring the 121
proposed acquisition to closure. However, the private landowner 122
must agree to maintain the confidentiality of the reports or 123
information. The department may also disclose appraisal 124
information to public agencies or nonprofit organizations that 125
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agree to maintain the confidentiality of the reports or 126
information when joint acquisition of property is contemplated, 127
or when a public agency or nonprofit organization enters into a 128
written agreement with the department to purchase and hold 129
property for subsequent resale to the board of trustees. I n 130
addition, the department may use, as its own, appraisals 131
obtained by a public agency or nonprofit organization, if the 132
appraiser is selected from the department's list of appraisers 133
and the appraisal is reviewed and approved by the department. 134
For purposes of this paragraph, the term "nonprofit 135
organization" means an organization that is exempt from federal 136
income tax under s. 501(c)(3) of the Internal Revenue Code and, 137
for purposes of the acquisition of conservation lands, an 138
organization whose purpose m ust include the preservation of 139
natural resources. The agency may release an appraisal report 140
when the passage of time has rendered the conclusions of value 141
in the report invalid or when the acquiring agency has 142
terminated negotiations. 143
(j)1. The board of trustees shall adopt by rule the method 144
for determining the value of parcels sought to be acquired by 145
state agencies pursuant to this section. An offer by a state 146
agency may not exceed the value for that parcel as determined 147
pursuant to the highest appr oved appraisal or the value 148
determined pursuant to the rules of the board of trustees, 149
whichever value is less. 150
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2. The board of trustees or, when applicable, the 151
Department of Environmental Protection, may acquire parcels 152
pursuant to this chapter and cha pter 259 for the full value of 153
that parcel as determined pursuant to the highest approved 154
appraisal. 155
3.2. For a joint acquisition by a state agency and a local 156
government or other entity apart from the state, the joint 157
purchase price may not exceed 150 p ercent of the value for a 158
parcel as determined in accordance with the limits in 159
subparagraph 1. The state agency share of a joint purchase offer 160
may not exceed what the agency may offer singly pursuant to 161
subparagraph 1. 162
4.3. This paragraph does not appl y to the acquisition of 163
historically unique or significant property as determined by the 164
Division of Historical Resources of the Department of State. 165
166
Notwithstanding this subsection, on behalf of the board of 167
trustees and before the appraisal of parcels a pproved for 168
purchase under this chapter or chapter 259, the Secretary of 169
Environmental Protection or the director of the Division of 170
State Lands may enter into option contracts to buy such parcels. 171
Any such option contract shall state that the final purcha se 172
price is subject to approval by the board of trustees or, if 173
applicable, the Secretary of Environmental Protection, and that 174
the final purchase price may not exceed the maximum offer 175
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allowed by law. Any such option contract presented to the board 176
of trustees for final purchase price approval shall explicitly 177
state that payment of the final purchase price is subject to an 178
appropriation from the Legislature. The consideration for such 179
an option may not exceed $1,000 or 0.01 percent of the estimate 180
by the department of the value of the parcel, whichever amount 181
is greater. 182
Section 2. Subsection (4) of section 253.0341, Florida 183
Statutes, is amended to read: 184
253.0341 Surplus of state -owned lands.— 185
(4) At least every 5 10 years, as a component of each la nd 186
management plan or land use plan and in a form and manner 187
adopted by rule of the board of trustees, each manager shall 188
evaluate and indicate to the board of trustees those lands that 189
are not being used for the purpose for which they were 190
originally leased. For conservation lands, the Acquisition and 191
Restoration Council shall review and recommend to the board of 192
trustees whether such lands should be retained in public 193
ownership or disposed of by the board of trustees. For 194
nonconservation lands, the Divisi on of State Lands shall review 195
and recommend to the board of trustees whether such lands should 196
be retained in public ownership or disposed of by the board of 197
trustees. 198
Section 3. Paragraph (d) of subsection (7) of section 199
259.032, Florida Statutes, is amended, and paragraph (k) is 200
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added to subsection (2) of that section, to read: 201
259.032 Conservation and recreation lands. — 202
(2) The Governor and Cabinet, sitting as the Board of 203
Trustees of the Internal Improvement Trust Fund, may expend 204
moneys appropriated by the Legislature to acquire the fee or any 205
lesser interest in lands for the following public purposes: 206
(k) To complete critical linkages through fee or less than 207
fee acquisition that will help preserve and protect the green 208
infrastructure and vi tal habitat for wide -ranging wildlife, such 209
as the Florida panther, within the Florida wildlife corridor as 210
defined in s. 259.1055(4). 211
(7) All lands managed under this chapter and s. 253.034 212
shall be: 213
(d) Concurrent with the approval of the acquisition 214
contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 215
interest in lands except those lands acquired pursuant to s. 216
259.1052, the board shall designate an agency or agencies to 217
manage such lands. The board shall evaluate and amend, as 218
appropriate, the management policy statement for the project as 219
provided by s. 259.035 to ensure that the policy statement is 220
compatible with conservation, recreation, or both. For any fee 221
simple acquisition of a parcel which is or will be leased back 222
for agricultural purposes, or any acquisition of a less than fee 223
interest in land that is or will be used for agricultural 224
purposes, the board shall first consider having a soil and water 225
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conservation district, created pursuant to chapter 582, manage 226
and monitor such interes ts. 227
Section 4. Paragraphs (i) and (m) of subsection (3) of 228
section 259.105, Florida Statutes, are amended, and paragraphs 229
(g) and (h) are added to subsection (10) of that section, to 230
read: 231
259.105 The Florida Forever Act. — 232
(3) Less the costs of iss uing and the costs of funding 233
reserve accounts and other costs associated with bonds, the 234
proceeds of cash payments or bonds issued pursuant to this 235
section shall be deposited into the Florida Forever Trust Fund 236
created by s. 259.1051. The proceeds shall b e distributed by the 237
Department of Environmental Protection in the following manner: 238
(i) Three and five-tenths percent to the Department of 239
Agriculture and Consumer Services for the acquisition of 240
agricultural lands, through perpetual conservation easeme nts and 241
other perpetual less than fee techniques, which will achieve the 242
objectives of Florida Forever and s. 570.71. Rules concerning 243
the application, acquisition, and priority ranking process for 244
such easements shall be developed pursuant to s. 570.71(10 ) and 245
as provided by this paragraph. The board shall ensure that such 246
rules are consistent with the acquisition process provided for 247
in s. 570.715. The rules developed pursuant to s. 570.71(10), 248
shall also provide for the following: 249
1. An annual priority list shall be developed pursuant to 250
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s. 570.71(10), submitted to the council for review, and approved 251
by the board pursuant to s. 259.04. By December 1, 2023, the 252
Department of Agriculture and Consumer Services shall submit an 253
updated priority list to the council. 254
2. Terms of easements and acquisitions proposed pursuant 255
to this paragraph shall be approved by the board and may not be 256
delegated by the board to any other entity receiving funds under 257
this section. 258
3. All acquisitions pursuant to this paragr aph shall 259
contain a clear statement that they are subject to legislative 260
appropriation. 261
262
Funds provided under this paragraph may not be expended until 263
final adoption of rules by the board pursuant to s. 570.71. 264
(m) Notwithstanding paragraphs (a) -(j) and for the 2021-265
2022 fiscal year, the amount of $1,998,100 to only the 266
Department of Environmental Protection for grants pursuant to s. 267
375.075. This paragraph expires July 1, 202 2. 268
(10) The council shall give increased priority to: 269
(g) Projects in imminent danger of development, loss of 270
significant natural attributes or recreational open space, or 271
subdivision, which would result in multiple ownership and make 272
acquisition of the project costly or less likely to be 273
accomplished. 274
(h) Projects located within the Florida wildlife corridor 275
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as defined in s. 259.1055(4). 276
Section 5. Paragraph (b) of subsection (3) of section 277
375.041, Florida Statutes, is amended to read: 278
375.041 Land Acquisition Trust Fund. — 279
(3) Funds distributed into the Land Acquisition Trust Fund 280
pursuant to s. 201.15 shall be applied: 281
(b) Of the funds remaining after the payments required 282
under paragraph (a), but before funds may be appropriated, 283
pledged, or dedicated for other uses: 284
1. A minimum of the lesser of 25 perc ent or $200 million 285
shall be appropriated annually for Everglades projects that 286
implement the Comprehensive Everglades Restoration Plan as set 287
forth in s. 373.470, including the Central Everglades Planning 288
Project subject to congressional authorization; th e Long-Term 289
Plan as defined in s. 373.4592(2); and the Northern Everglades 290
and Estuaries Protection Program as set forth in s. 373.4595. 291
From these funds, $32 million shall be distributed each fiscal 292
year through the 2023 -2024 fiscal year to the South Flor ida 293
Water Management District for the Long -Term Plan as defined in 294
s. 373.4592(2). After deducting the $32 million distributed 295
under this subparagraph, from the funds remaining, a minimum of 296
the lesser of 76.5 percent or $100 million shall be appropriated 297
each fiscal year through the 2025 -2026 fiscal year for the 298
planning, design, engineering, and construction of the 299
Comprehensive Everglades Restoration Plan as set forth in s. 300
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373.470, including the Central Everglades Planning Project, the 301
Everglades Agricultural Area Storage Reservoir Project, the Lake 302
Okeechobee Watershed Project, the C -43 West Basin Storage 303
Reservoir Project, the Indian River Lagoon -South Project, the 304
Western Everglades Restoration Project, and the Picayune Strand 305
Restoration Project. The Department of Environmental Protection 306
and the South Florida Water Management District shall give 307
preference to those Everglades restoration projects that reduce 308
harmful discharges of water from Lake Okeechobee to the St. 309
Lucie or Caloosahatchee estuaries in a timely manner. For the 310
purpose of performing the calculation provided in this 311
subparagraph, the amount of debt service paid pursuant to 312
paragraph (a) for bonds issued after July 1, 2016, for the 313
purposes set forth under this paragraph shall be added to the 314
amount remaining after the payments required under paragraph 315
(a). The amount of the distribution calculated shall then be 316
reduced by an amount equal to the debt service paid pursuant to 317
paragraph (a) on bonds issued after July 1, 2016, for the 318
purposes set forth under this subparagraph. 319
2. A minimum of the lesser of 7.6 percent or $50 million 320
shall be appropriated annually for spring restoration, 321
protection, and management projects. For the purpose of 322
performing the calculation provided in this sub paragraph, the 323
amount of debt service paid pursuant to paragraph (a) for bonds 324
issued after July 1, 2016, for the purposes set forth under this 325
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paragraph shall be added to the amount remaining after the 326
payments required under paragraph (a). The amount of the 327
distribution calculated shall then be reduced by an amount equal 328
to the debt service paid pursuant to paragraph (a) on bonds 329
issued after July 1, 2016, for the purposes set forth under this 330
subparagraph. 331
3. The sum of $5 million shall be appropriated annually 332
each fiscal year through the 2025 -2026 fiscal year to the St. 333
Johns River Water Management District for projects dedicated to 334
the restoration of Lake Apopka. This distribution shall be 335
reduced by an amount equal to the debt service paid pursuant to 336
paragraph (a) on bonds issued after July 1, 2016, for the 337
purposes set forth in this subparagraph. 338
4. The sum of $64 million is appropriated and shall be 339
transferred to the Everglades Trust Fund for the 2018 -2019 340
fiscal year, and each fiscal year ther eafter, for the EAA 341
reservoir project pursuant to s. 373.4598. Any funds remaining 342
in any fiscal year shall be made available only for Phase II of 343
the C-51 reservoir project or projects identified in 344
subparagraph 1. and must be used in accordance with laws 345
relating to such projects. Any funds made available for such 346
purposes in a fiscal year are in addition to the amount 347
appropriated under subparagraph 1. This distribution shall be 348
reduced by an amount equal to the debt service paid pursuant to 349
paragraph (a) on bonds issued after July 1, 2017, for the 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purposes set forth in this subparagraph. 351
5. The sum of $50 million shall be appropriated annually 352
to the South Florida Water Management District for the Lake 353
Okeechobee Watershed Restoration Project in accord ance with s. 354
373.4599. This distribution must be reduced by an amount equal 355
to the debt service paid pursuant to paragraph (a) on bonds 356
issued after July 1, 2021, for the purposes set forth in this 357
subparagraph. 358
6. The sum of $100 million shall be approp riated annually 359
to the Department of Environmental Protection for the 360
acquisition of land pursuant to s. 259.105 Notwithstanding 361
subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 362
appropriated as provided in the General Appropriations Act. This 363
subparagraph expires July 1, 2023 . 364
Section 6. Subsection (10) of section 570.71, Florida 365
Statutes, is amended to read: 366
570.71 Conservation easements and agreements. — 367
(10) The department, in consultation with the Department 368
of Environmental Protect ion, the water management districts, the 369
Department of Economic Opportunity, and the Florida Fish and 370
Wildlife Conservation Commission, shall adopt rules that 371
establish an application process ;, a process and criteria for 372
setting priorities for use of funds consistent with the purposes 373
specified in subsection (1) and giving preference to ranch and 374
timber lands managed using sustainable practices, lands in 375
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imminent danger of development or degradation, and lands within 376
the Florida wildlife corridor as defined in s. 259.1055(4); an 377
appraisal process;, and a process for title review and 378
compliance and approval of the rules by the Board of Trustees of 379
the Internal Improvement Trust Fund. 380
Section 7. Subsection (5) of section 570.715, Florida 381
Statutes, is amended to read: 382
570.715 Conservation easement acquisition procedures. — 383
(5) Appraisal reports are confidential and exempt from s. 384
119.07(1), for use by the department and the board of trustees, 385
until an option contract is executed or, if an option contract 386
is not executed, until 2 weeks before a contract or agreement 387
for purchase is considered for approval by the board of 388
trustees. However, the department shall has the authority, at 389
its discretion, to disclose appraisal reports to private 390
landowners or their representatives during negotiations for 391
acquisitions using alternatives to fee simple techniques, if the 392
department determines that disclosure of such reports will bring 393
the proposed acquisition to closure . The department may also 394
disclose appraisal infor mation to public agencies or nonprofit 395
organizations that agree to maintain the confidentiality of the 396
reports or information when joint acquisition of property is 397
contemplated, or when a public agency or nonprofit organization 398
enters into a written multip arty agreement with the department. 399
For purposes of this subsection, the term "nonprofit 400
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organization" means an organization whose purposes include the 401
preservation of natural resources, and which is exempt from 402
federal income tax under s. 501(c)(3) of the Internal Revenue 403
Code. The department may release an appraisal report when the 404
passage of time has rendered the conclusions of value in the 405
report invalid or when the department has terminated 406
negotiations. 407
Section 8. This act shall take effect July 1, 2023. 408