This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7047.ANR
DATE: 4/10/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7047 PCB ACR 23-01 State Land Acquisition
SPONSOR(S): Agriculture, Conservation & Resiliency Subcommittee, Buchanan and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Agriculture, Conservation &
Resiliency Subcommittee
17 Y, 0 N Gawin Moore
1) Agriculture & Natural Resources Appropriations
Subcommittee
Byrd Pigott
2) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The Florida Forever Program is the state’s conservation and recreation lands acquisition program. Since 2001,
the state has purchased more than 899,574 acres of land for approximately $3.3 billion. Florida Forever
supports a wide range of goals, including water resource protection, coastal resiliency, preservation of cultural
resources, public access to outdoor recreation, and the restoration and maintenance of public lands. The Rural
and Family Lands Protection Program (RFLPP) is a land preservation program within the Department of
Agriculture and Consumer Services (DACS) that was created to protect agricultural lands through the
acquisition of permanent agricultural land conservation easements.
The bill makes various changes to the Florida Forever Program and RFLPP to increase transparency in the
acquisition process, improve the efficiency of the process, and prioritize the acquisition of critical conservation
lands. Specifically, with respect to the Florida Forever Program, the bill:
Dedicates $100 million annually to the program from the Land Acquisition Trust Fund;
Increases the contract price for a land acquisition agreement that requires approval by the Board of
Trustees of the Internal Improvement Trust Fund (Board) from $1 million to $5 million;
Revises appraisal requirements to increase the appraisal amount that requires a second appraisal to
be conducted from $1 million to $5 million;
Requires the Department of Environmental Protection (DEP) to disclose appraisals to private land
owners or their representatives during negotiations for acquisition;
Clarifies that the Board or, when applicable, DEP may acquire parcels of land for the full value of that
parcel as determined by the highest approved appraisal; and
Requires the Acquisition and Restoration Council (ARC) to give increased priority to projects within the
Florida Wildlife Corridor and projects in imminent danger of development, loss of significant natural
attributes or recreational open space, or subdivision.
In addition, for RFLPP, the bill requires DACS to:
Update the RFLPP priority list and submit it to ARC by December 1, 2023;
Give priority to lands in imminent danger of development or degradation as well as lands within the
Florida Wildlife Corridor; and
Disclose appraisal reports to private land owners or their representatives during negotiations for
acquisition.
Lastly, the bill requires land managers to review state-owned lands at least every five years, rather than ten
years, to determine whether the lands should be retained in public ownership or disposed of by the Board.
The bill may have an indeterminate fiscal impact on state government and the private sector.
The bill provides an effective date of July 1, 2023.
FULL ANALYSIS STORAGE NAME: h7047.ANR PAGE: 2
DATE: 4/10/2023
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Forever
The Florida Forever Program is the state’s conservation and recreation lands acquisition program.
1
Since 2001, the state has purchased more than 899,574 acres of land for approximately $3.3 billion.
2
Florida Forever supports a wide range of goals, including water resource protection, coastal resiliency,
preservation of cultural resources, public access to outdoor recreation, and the restoration and
maintenance of public lands.
3
The ARC is a 10-member body that makes recommendations on the acquisition, management, and
disposal of state-owned lands.
4
The DEP provides primary staff to support ARC. ARC is responsible for
developing the Florida Forever priority list, which consists of ranked land acquisition projects that are
deemed suitable as conservation property and meet Florida Forever goals.
5
ARC members determine
the priority of lands based on weighted criteria for all of the following: the coordination and completion
of projects; biodiversity; protection, restoration, and maintenance of natural functions; water quality;
recreation; archaeological and historical resources; sustainable agriculture and forest lands; and urban
open spaces.
6
In addition to these factors, the members must give increased priority to certain
projects.
7
Anyone can propose a project for consideration for the priority list. To develop the list, ARC accepts
applications from state agencies, local governments, nonprofit and for-profit organizations, private land
trusts, and private individuals for project proposals eligible for Florida Forever funding.
8
ARC then
submits the list to the Board of Trustees of the Internal Improvement Trust Fund (Board) for approval.
9
The Board comprises the Governor, Attorney General, Chief Financial Officer, and Commissioner of
Agriculture and Consumer Services. The Florida Forever priority list is used by DEP to prioritize
projects with the available Florida Forever funds allocated annually by the Legislature. To be
considered for acquisition, a project must have a willing seller and be on the list.
Before a parcel may be approved for acquisition by the Board or DEP, an appraisal must be
conducted.
10
Where the estimated value of a parcel exceeds $1 million, two appraisals must be done.
11
If both appraisals of a parcel exceed $1 million and differ significantly, a third appraisal may be
conducted.
12
Fees associated with the appraisal process are paid by the agency proposing the
acquisition of lands.
13
Appraisal reports are confidential and exempt from public records disclosure until
an option contract is executed, if applicable, or until two weeks before a contract or agreement for
purchase is considered for approval by the Board.
14
However, DEP may disclose an appraisal report to
a private landowner during negotiations for acquisitions using alternatives to fee simple techniques if
DEP determines doing so will bring a proposed acquisition to closure.
15
A landowner must agree to
maintain the confidentiality of such reports.
16
1
Section 259.105, F.S. Such acquisitions include less-than-fee agreements.
2
Department of Environmental Protection (DEP), Florida Forever, https://floridadep.gov/floridaforever (last visited Mar. 22, 2023).
3
See s. 259.105(2)(a), F.S.
4
Section 259.035(3), F.S.
5
Section 259.105(8)-(9), F.S.
6
Section 259.105(9), F.S.
7
Section 259.105(10), F.S.
8
Section 259.105(7)(a), F.S.
9
Section 259.04(1)(c), F.S.
10
Section 253.025(8), F.S.
11
Section 253.025(8)(b), F.S.
12
Id.
13
Section 253.025(8)(c), F.S.
14
Section 253.025(8)(f), F.S.
15
Id.
16
Id. STORAGE NAME: h7047.ANR PAGE: 3
DATE: 4/10/2023
The Board must approve of any agreement to acquire land where the contract price agreed to by the
seller and the acquiring agency exceeds $1 million, or if the acquisition is the initial purchase in a
Florida Forever project.
17
Rural and Family Lands Protection Program
The RFLPP is a land preservation program within the DACS that was created to protect agricultural
lands through the acquisition of permanent agricultural land conservation easements.
18
Through the
RFLPP, DACS, on behalf of the Board, is authorized to allocate money to acquire perpetual, less-than-
fee interests in land, enter into agricultural protection agreements, and enter into resource conservation
agreements.
19
To qualify for acquisition, the agricultural land must protect the integrity and function of
working landscapes, ensure opportunities for viable agricultural activities on working lands threatened
by conversion to other uses, and meet at least one of the following public purposes:
Perpetuating open space on working lands that contain significant natural areas.
Protecting, restoring, or enhancing water bodies, aquifer recharge areas, wetlands, or
watersheds.
Promoting a more complete pattern of protection, including buffers to natural areas, ecological
greenways, functioning ecosystems, and military installations.
Promoting the restoration, enhancement, or management of species habitat, consistent with the
purposes for which the easement is acquired.
20
Under the RFLPP, lands must be acquired pursuant to a priority ranking process that is similar to the
process for creating the Florida Forever priority list.
21
To develop the priority list, DACS first reviews
applications to evaluate the agricultural operation, whether best management practices (BMPs) are
being implemented, and the suitability of the land for long-term agricultural use. This information is then
compiled into an evaluation report and provided to the Rural and Family Lands Selection Committee
(Committee), which is appointed by the Commissioner of Agriculture and Consumer Services.
22
At a
publicly noticed meeting, the Committee receives public comment, considers the eligibility of both new
applications and projects on the existing priority list, and adopts a new list of projects in tiered priority
order that qualify for acquisition under the RFLPP.
23
The Committee must give preference to ranch and
timber lands that are managed using certain sustainable practices.
24
The priority list is then sent to the
Board for approval.
25
The newly approved priority list supersedes any previous priority lists.
26
The same appraisal procedures and requirements outlined above for the Florida Forever Program also
apply to less-than-fee simple acquisitions through the RFLPP.
27
Through the RFLPP, the state has acquired conservation easements for over 64,361 acres of working
agricultural land.
28
All perpetual easements acquired under the RFLPP must adhere to BMPs
established by DACS.
29
Florida Wildlife Corridor
17
Section 253.025(4)(b)-(c).
18
DACS, Rural and Family Lands Protection Program, https://www.fdacs.gov/Consumer-Resources/Protect-Our-Environment/Rural-
and-Family-Lands-Protection-Program (last visited Mar. 22, 2023).
19
Section 570.71(1), F.S.
20
Id.
21
Section 259.105(3)(i)1., F.S.
22
Rule 5I-7.007(1), F.A.C.
23
Rule 5I-7.007(4), F.A.C.
24
Section 570.71(10), F.S., Rule 5I-7.007(2), F.A.C.
25
Rule 5I-7.007(6), F.A.C.
26
Rule 5I-7.007(11), F.A.C.
27
See s. 570.715, F.S.
28
DACS, Rural and Family Lands Protection Program, https://www.fdacs.gov/Consumer-Resources/Protect-Our-Environment/Rural-
and-Family-Lands-Protection-Program (last visited Mar. 22, 2023).
29
Rule 5I-7.014(3), F.A.C. STORAGE NAME: h7047.ANR PAGE: 4
DATE: 4/10/2023
The ability to migrate plays an important role in supporting biodiversity by enabling animals to safely
travel in order to find mates, food, and shelter. Due to human development, many habitats have
become fragmented, creating blockades such as residential areas, industrial parks, and roads.
30
Wildlife corridors are sections of land that connect two or more wildlife habitats together and allow
animals to avoid roads and other developments.
31
The Florida Wildlife Corridor (Corridor), depicted below,
32
is a geographically defined area comprising
over 18 million acres of land, which include 10 million acres of conservation lands and 8 million acres of
opportunity areas that do not have conservation status.
33
In 2021, the Legislature created the Wildlife Corridor Act (Act) to codify the Corridor and recognize that
lands and waters that provide the state’s green infrastructure and vital habitat for wide-ranging wildlife
need to be preserved and protected.
34
The purpose of the Act was to create incentives for conservation
and sustainable development while preserving the green infrastructure.
35
The Act, in pertinent part,
directed DEP to promote and encourage various methods of investing in and protecting the Corridor,
including encouraging all agencies that acquire lands to include in their land-buying efforts the
acquisition of sufficient legal interest in opportunity areas to ensure the continued viability of the
Corridor; encouraging investment in conservation easements voluntarily entered into by private
landowners to conserve opportunity areas; and encouraging private landowners, through existing and
future incentives and liability protections, to continue to allow their private property to be used for the
preservation and enhancement of the Corridor.
36
Because there is no land acquisition program
specifically for acquiring lands that are located within the Wildlife Corridor, initiatives such as the Florida
Forever Program and the Rural and Family Lands Protection Program are used to acquire such lands.
Surplus State Lands
The Board is responsible for determining which state-owned lands are surplus and should be disposed
of. In the case of conservation lands, ARC makes a recommendation for disposal to the Board, which
30
Ersi, Importance of Wildlife Corridors,
https://www.arcgis.com/apps/Cascade/index.html?appid=6b87112414f84c8392c842dabab9f9a1 (last visited Mar. 22, 2023).
31
University of Florida, Connecting Nature to Nature: Wildlife Corridors, http://blogs.ifas.ufl.edu/pinellasco/2015/04/03/connecting-
nature-to-nature-wildlife-corridors/ (last visited Mar. 22, 2023).
32
Florida Wildlife Corridor, FL Wildlife Corridor, available at https://floridawildlifecorridor.org/wp-
content/uploads/2021/08/FLWildlifeCorridor.pdf (last visited Mar. 22, 2023).
33
DEP, Florida Wildlife Corridor, available at https://floridadep.gov/sites/default/files/Florida_Wildlife_Corridor.pdf (last visited
Mar. 22, 2023).
34
Chapter 2021-181, L.O.F.
35
Section 259.1055(3), F.S.
36
Section 259.1055(5), F.S. STORAGE NAME: h7047.ANR PAGE: 5
DATE: 4/10/2023
then determines whether the lands are no longer needed for conservation purposes.
37
If the Board
determines it is appropriate to dispose of state conservation lands, it may dispose of such lands by an
affirmative vote of at least three members.
38
At least every 10 years, as part of each land management
plan or land use plan for state-owned lands, the manager of such lands must evaluate and indicate to
the Board any conservation lands that are not being used for the purpose for which they were originally
leased.
39
ARC will then review and recommend to the Board whether such lands should be retained in
public ownership or disposed of.
40
Effect of the Bill
Florida Forever
The bill increases the contract price for a land acquisition agreement that requires approval by the
Board from $1 million to $5 million. The bill also removes the requirement that an agreement for an
acquisition that is the initial purchase in a Florida Forever project must be approved by the Board.
Additionally, the bill revises the appraisal requirements applicable to Florida Forever acquisitions to
increase the appraisal amount that requires a second appraisal to be conducted from $1 million to $5
million. If both appraisals of a parcel exceed $5 million and differ significantly, a third appraisal may be
conducted. The bill also requires DEP to disclose appraisals to private land owners or their
representatives during negotiations for acquisition.
The bill clarifies that the Board may or, when applicable, DEP may acquire parcels of land for the full
value of that parcel as determined by the highest approved appraisal.
The bill specifies that the Board is authorized to acquire lands that complete critical linkages through
fee or less-than-fee acquisition that will help preserve and protect the state’s green infrastructure and
vital habitat for wide-ranging wildlife, such as the Florida panther, within the Corridor.
The bill requires ARC to give increased priority to projects in imminent danger of development, loss of
significant natural attributes or recreational open space, or subdivision which would result in multiple
owners and make acquisition of the project more costly or less likely to be accomplished. ARC must
also give lands located within the Corridor increased priority.
The bill requires $100 million to be appropriated annually to DEP from the Land Acquisition Trust Fund
for the acquisition of lands through the Florida Forever Program.
37
Section 253.0341(1), F.S.
38
Id.
39
Section 253.0341(4), F.S.
40
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DATE: 4/10/2023
RFLPP
By December 1, 2023, the bill requires DACS to update the RLFPP priority list and submit it to ARC.
The bill requires DACS to give priority to lands in imminent danger of development or degradation as
well as lands within the Corridor.
Additionally, the bill requires DACS to disclose appraisal reports to private land owners or their
representatives during negotiations for acquisition.
Disposal of Surplus Land
The bill requires land managers, as a component of each land management plan or land use plan, to
review state-owned lands at least every five years, rather than ten years, to determine whether the
lands should be retained in public ownership or disposed of by the Board.
B. SECTION DIRECTORY:
Section 1. Amends s. 253.025, F.S., related to acquisition of state lands.
Section 2. Amends s. 253.0341, F.S., related to surplus of state-owned lands.
Section 3. Amends s. 259.032, F.S., related to conservation and recreation lands.
Section 4. Amends s. 259.105, F.S., related to the Florida Forever Act.
Section 5. Amends s. 375.041, F.S., related to the Land Acquisition Trust Fund.
Section 6. Amends s. 570.71, F.S., related to the RFLPP.
Section 7. Amends s. 570.715, F.S., related to RFLPP acquisition procedures.
Section 8. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate positive fiscal impact on DEP as it revises the requirements for
second appraisals and approval by the Board for land acquisitions from $1 million to $5 million.
The bill may have an indeterminate negative fiscal impact as it relates to the requirement of land
managers to review state-owned lands at least every five years, rather than ten years, to determine
whether the lands should be retained in public ownership or disposed of by the Board.
The bill amends section 375.041, F.S., to provide for a new distribution of funds from the Land
Acquisition Trust Fund to the Florida Forever Program in the amount of $100 million annually.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
STORAGE NAME: h7047.ANR PAGE: 7
DATE: 4/10/2023
1. Revenues:
The bill may have an indeterminate negative fiscal impact on local government as lands that are
purchased will be removed from the local tax roll thereby reducing ad valorem collections. However,
the counties where the property is acquired may be eligible for payment in lieu of taxes under
section 259.032, F.S.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
This bill provides a consistent annual appropriation of funds to the Florida Forever Program and
improves the land acquisition process to be more efficient and expeditious which may encourage more
land owners, including those located in the Florida Wildlife Corridor, to consider selling their lands to
the state for conservation and preservation of critical natural resources.
D. FISCAL COMMENTS:
The bill provides for an annual appropriation of $100 million to DEP for the Florida Forever Program
from the Land Acquisition Trust Fund to acquire critical conservation lands. This will provide DEP with a
consistent level of funding each year to better plan for land acquisition opportunities.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal government.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.