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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. 259.032, F.S.; authorizing the Board of 21
Trustees of the Internal Improvement Trust Fund to 22
acquire specified conservation and recreation lands; 23
conforming provisions to changes made by the act; 24
amending s. 259.105, F.S.; requiring the Department of 25
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Agriculture and Consumer Services to submit an updated 26
priority list for the acquisition of certain 27
agricultural lands to the Acquisition and Restoration 28
Council by a specified date; providing construction; 29
conforming cross-references; deleting an obsolete 30
provision; requiring the council to give increased 31
priority to specified projects; amending s. 375.041, 32
F.S.; requiring an annual appropriation from the Land 33
Acquisition Trust Fund to the department for the 34
acquisition of specified lands; deleting an obsolete 35
provision; amending s. 570.71, F.S.; requiring the 36
Department of Agriculture and Consumer Services, in 37
consultation with the Department of Environmental 38
Protection, the water management districts, the 39
Department of Economic Opportunity, and the Florida 40
Fish and Wildlife Conservation Commission, to adopt 41
rules giving funding priority and preference to 42
specified lands; requiring the Department of 43
Agriculture and Consumer Services to submit certain 44
purchase agreements to the Board of Trustees of the 45
Internal Improvement Trust Fund for approval; amending 46
s. 570.715, F.S.; increasing the estimated value 47
threshold for the appraisal of specified conservation 48
easement acquisitions; requiring, rather than 49
authorizing, the Department of Agriculture and 50
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Consumer Services to disclose appraisal reports to 51
private landowners or their representatives during 52
negotiations for certain land acquisitions; providing 53
an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Subsection (4) and paragraphs (b), (f), and (j) 58
of subsection (8) of section 253.025, Florida Statutes, are 59
amended to read: 60
253.025 Acquisition of state lands. — 61
(4) An agreement to acquire real property for the purposes 62
described in this chapter, chapter 259, chapter 260, or chapter 63
375, title to which will vest in t he board of trustees, may not 64
bind the state before the agreement is reviewed and approved by 65
the Department of Environmental Protection as complying with 66
this section and any rules adopted pursuant to this section. If 67
any of the following conditions exist , the agreement must shall 68
be submitted to and approved by the board of trustees: 69
(a) The purchase price agreed to by the seller exceeds the 70
value as established pursuant to the rules of the board of 71
trustees; 72
(b) The contract price agreed to by the se ller and the 73
acquiring agency exceeds $5 $1 million; 74
(c) The acquisition is the initial purchase in a Florida 75
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Forever project; or 76
(c)(d) Other conditions that the board of trustees may 77
adopt by rule. Such conditions may include, but are not limited 78
to, Florida Forever projects when title to the property being 79
acquired is considered nonmarketable or is encumbered in such a 80
way as to significantly affect its management. 81
82
If approval of the board of trustees is required pursuant to 83
this subsection, the acq uiring agency must provide a 84
justification as to why it is in the public's interest to 85
acquire the parcel or Florida Forever project. Approval of the 86
board of trustees is also required for Florida Forever projects 87
the department recommends acquiring pursua nt to subsections (11) 88
and (22). Review and approval of agreements for acquisitions for 89
Florida Greenways and Trails Program properties pursuant to 90
chapter 260 may be waived by the department in any contract with 91
nonprofit corporations that have agreed to assist the department 92
with this program. If the contribution of the acquiring agency 93
exceeds $100 million in any one fiscal year, the agreement shall 94
be submitted to and approved by the Legislative Budget 95
Commission. 96
(8) Before approval by the board of t rustees, or, when 97
applicable, the Department of Environmental Protection, of any 98
agreement to purchase land pursuant to this chapter, chapter 99
259, chapter 260, or chapter 375, and before negotiations with 100
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the parcel owner to purchase any other land, title to which will 101
vest in the board of trustees, an appraisal of the parcel shall 102
be required as follows: 103
(b) Each parcel to be acquired must shall have at least 104
one appraisal. Two appraisals are required when the estimated 105
value of the parcel exceeds $5 $1 million. However, if both 106
appraisals exceed $5 $1 million and differ significantly, a 107
third appraisal may be obtained. If a parcel is estimated to be 108
worth $100,000 or less and the director of the Division of State 109
Lands finds that the cost of an outside a ppraisal is not 110
justified, a comparable sales analysis, an appraisal prepared by 111
the division, or other reasonably prudent procedures may be used 112
by the division to estimate the value of the parcel, provided 113
the public's interest is reasonably protected. T he state is not 114
required to appraise the value of lands and appurtenances that 115
are being donated to the state. 116
(f) Appraisal reports are confidential and exempt from s. 117
119.07(1), for use by the agency and the board of trustees, 118
until an option contract is executed or, if no option contract 119
is executed, until 2 weeks before a contract or agreement for 120
purchase is considered for approval by the board of trustees. 121
However, the Department of Environmental Protection shall may 122
disclose appraisal reports to pr ivate landowners or their 123
representatives during negotiations for acquisitions using 124
alternatives to fee simple techniques, if the department 125
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determines that disclosure of such reports will bring the 126
proposed acquisition to closure. However, the private la ndowner 127
must agree to maintain the confidentiality of the reports or 128
information. The department may also disclose appraisal 129
information to public agencies or nonprofit organizations that 130
agree to maintain the confidentiality of the reports or 131
information when joint acquisition of property is contemplated, 132
or when a public agency or nonprofit organization enters into a 133
written agreement with the department to purchase and hold 134
property for subsequent resale to the board of trustees. In 135
addition, the departm ent may use, as its own, appraisals 136
obtained by a public agency or nonprofit organization, if the 137
appraiser is selected from the department's list of appraisers 138
and the appraisal is reviewed and approved by the department. 139
For purposes of this paragraph, t he term "nonprofit 140
organization" means an organization that is exempt from federal 141
income tax under s. 501(c)(3) of the Internal Revenue Code and, 142
for purposes of the acquisition of conservation lands, an 143
organization whose purpose must include the preserv ation of 144
natural resources. The agency may release an appraisal report 145
when the passage of time has rendered the conclusions of value 146
in the report invalid or when the acquiring agency has 147
terminated negotiations. 148
(j)1. The board of trustees shall adopt by rule the method 149
for determining the value of parcels sought to be acquired by 150
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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
state agencies pursuant to this section. An offer by a state 151
agency may not exceed the value for that parcel as determined 152
pursuant to the highest approved appraisal or the va lue 153
determined pursuant to the rules of the board of trustees, 154
whichever value is less. 155
2. The board of trustees or, when applicable, the 156
Department of Environmental Protection, may acquire parcels 157
pursuant to this chapter and chapter 259 for the full value of 158
that parcel as determined pursuant to the highest approved 159
appraisal. 160
3.2. For a joint acquisition by a state agency and a local 161
government or other entity apart from the state, the joint 162
purchase price may not exceed 150 percent of the value fo r a 163
parcel as determined in accordance with the limits in 164
subparagraph 1. The state agency share of a joint purchase offer 165
may not exceed what the agency may offer singly pursuant to 166
subparagraph 1. 167
4.3. This paragraph does not apply to the acquisition o f 168
historically unique or significant property as determined by the 169
Division of Historical Resources of the Department of State. 170
171
Notwithstanding this subsection, on behalf of the board of 172
trustees and before the appraisal of parcels approved for 173
purchase under this chapter or chapter 259, the Secretary of 174
Environmental Protection or the director of the Division of 175
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State Lands may enter into option contracts to buy such parcels. 176
Any such option contract shall state that the final purchase 177
price is subject to approval by the board of trustees or, if 178
applicable, the Secretary of Environmental Protection, and that 179
the final purchase price may not exceed the maximum offer 180
allowed by law. Any such option contract presented to the board 181
of trustees for final purcha se price approval shall explicitly 182
state that payment of the final purchase price is subject to an 183
appropriation from the Legislature. The consideration for such 184
an option may not exceed $1,000 or 0.01 percent of the estimate 185
by the department of the value of the parcel, whichever amount 186
is greater. 187
Section 2. Subsections (2) and (7), paragraph (b) of 188
subsection (8), and paragraph (d) of subsection (9) of section 189
259.032, Florida Statutes, are amended to read: 190
259.032 Conservation and recreation lands .— 191
(2) The Governor and Cabinet, sitting as the Board of 192
Trustees of the Internal Improvement Trust Fund, may expend 193
moneys appropriated by the Legislature to acquire the fee or any 194
lesser interest in lands for any of the following public 195
purposes: 196
(a) To conserve and protect environmentally unique and 197
irreplaceable lands that contain native, relatively unaltered 198
flora and fauna representing a natural area unique to, or scarce 199
within, a region of this state or a larger geographic area; 200
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(b) To conserve and protect lands within designated areas 201
of critical state concern, if the proposed acquisition relates 202
to the natural resource protection purposes of the designation; 203
(c) To conserve and protect native species habitat or 204
endangered or threatened speci es, emphasizing long -term 205
protection for endangered or threatened species designated G -1 206
or G-2 by the Florida Natural Areas Inventory, and especially 207
those areas that are special locations for breeding and 208
reproduction; 209
(d) To conserve, protect, manage, or restore important 210
ecosystems, landscapes, and forests, if the protection and 211
conservation of such lands is necessary to enhance or protect 212
significant surface water, groundwater, coastal, recreational, 213
timber, or fish or wildlife resources which cannot otherwise be 214
accomplished through local and state regulatory programs; 215
(e) To promote water resource development that benefits 216
natural systems and citizens of the state; 217
(f) To facilitate the restoration and subsequent health 218
and vitality of the Flori da Everglades; 219
(g) To provide areas, including recreational trails, for 220
natural resource-based recreation and other outdoor recreation 221
on any part of any site compatible with conservation purposes; 222
(h) To preserve significant archaeological or historic 223
sites; 224
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(i) To conserve urban open spaces suitable for greenways 225
or outdoor recreation which are compatible with conservation 226
purposes; or 227
(j) To preserve agricultural lands under threat of 228
conversion to development through less -than-fee acquisitions; or 229
(k) To complete critical linkages through fee or less than 230
fee acquisition that will help preserve and protect the green 231
and blue infrastructure and vital habitat for wide -ranging 232
wildlife, such as the Florida panther, within the Florida 233
wildlife corridor as defined in s. 259.1055(4) . 234
(7)(a) All lands managed under this chapter and s. 253.034 235
must shall be: 236
1.(a) Managed in a manner that will provide the greatest 237
combination of benefits to the public and to the resources. 238
2.(b) Managed for public outdoor recreation which is 239
compatible with the conservation and protection of public lands. 240
Such management may include, but not be limited to, the 241
following public recreational uses: fishing, hunting, camping, 242
bicycling, hiking, nature study, swimmi ng, boating, canoeing, 243
horseback riding, diving, model hobbyist activities, birding, 244
sailing, jogging, and other related outdoor activities. 245
(b)(c) Concurrent with its adoption of the annual list of 246
acquisition projects pursuant to s. 259.035, the board shall 247
adopt a management prospectus for each project. The management 248
prospectus shall delineate: 249
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1. The management goals for the property; 250
2. The conditions that will affect the intensity of 251
management; 252
3. An estimate of the revenue -generating potential of the 253
property, if appropriate; 254
4. A timetable for implementing the various stages of 255
management and for providing access to the public, if 256
applicable; 257
5. A description of potential multiple -use activities as 258
described in this section and s. 253.0 34; 259
6. Provisions for protecting existing infrastructure and 260
for ensuring the security of the project upon acquisition; 261
7. The anticipated costs of management and projected 262
sources of revenue, including legislative appropriations, to 263
fund management needs; and 264
8. Recommendations as to how many employees will be needed 265
to manage the property, and recommendations as to whether local 266
governments, volunteer groups, the former landowner, or other 267
interested parties can be involved in the management. 268
(c)(d) Concurrent with the approval of the acquisition 269
contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 270
interest in lands except those lands acquired pursuant to s. 271
259.1052, the board shall designate an agency or agencies to 272
manage such lands. Th e board shall evaluate and amend, as 273
appropriate, the management policy statement for the project as 274
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provided by s. 259.035 to ensure that the policy statement is 275
compatible with conservation, recreation, or both. For any fee 276
simple acquisition of a parcel which is or will be leased back 277
for agricultural purposes, or any acquisition of a less than fee 278
interest in land that is or will be used for agricultural 279
purposes, the board shall first consider having a soil and water 280
conservation district, created purs uant to chapter 582, manage 281
and monitor such interests. 282
(d)(e) State agencies designated to manage lands acquired 283
under this chapter or with funds deposited into the Land 284
Acquisition Trust Fund, except those lands acquired under s. 285
259.1052, may contract with local governments and soil and water 286
conservation districts to assist in management activities, 287
including the responsibility of being the lead land manager. 288
Such land management contracts may include a provision for the 289
transfer of management funding to the local government or soil 290
and water conservation district from the land acquisition trust 291
fund of the lead land managing agency in an amount adequate for 292
the local government or soil and water conservation district to 293
perform its contractual land ma nagement responsibilities and 294
proportionate to its responsibilities, and which otherwise would 295
have been expended by the state agency to manage the property. 296
(e)(f) Immediately following the acquisition of any 297
interest in conservation and recreation land s, the department, 298
acting on behalf of the board, may issue to the lead managing 299
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entity an interim assignment letter to be effective until the 300
execution of a formal lease. 301
(8) 302
(b) Individual management plans required by s. 253.034(5), 303
for parcels over 160 acres, shall be developed with input from 304
an advisory group. Members of this advisory group shall include, 305
at a minimum, representatives of the lead land managing agency, 306
comanaging entities, local private property owners, the 307
appropriate soil and water conservation district, a local 308
conservation organization, and a local elected official. If 309
habitat or potentially restorable habitat for imperiled species 310
is located on state lands, the Fish and Wildlife Conservation 311
Commission and the Department of Agric ulture and Consumer 312
Services shall be included on any advisory group required under 313
chapter 253, and the short -term and long-term management goals 314
required under chapter 253 must advance the goals and objectives 315
of imperiled species management without rest ricting other uses 316
identified in the management plan. The advisory group shall 317
conduct at least one public hearing within the county in which 318
the parcel or project is located. For those parcels or projects 319
that are within more than one county, at least one areawide 320
public hearing shall be acceptable and the lead managing agency 321
shall invite a local elected official from each county. The 322
areawide public hearing shall be held in the county in which the 323
core parcels are located. Notice of such public hearing s hall be 324
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posted on the parcel or project designated for management, 325
advertised in a paper of general circulation, and announced at a 326
scheduled meeting of the local governing body before the actual 327
public hearing. The management prospectus required pursuant to 328
paragraph (7)(b) (7)(c) shall be available to the public for a 329
period of 30 days before the public hearing. 330
By July 1 of each year, each governmental agency and each 331
private entity designated to manage lands shall report to the 332
Secretary of Environmenta l Protection on the progress of 333
funding, staffing, and resource management of every project for 334
which the agency or entity is responsible. 335
(9) 336
(d) Up to one-fifth of the funds appropriated for the 337
purposes identified in paragraph (b) shall be reserved b y the 338
board for interim management of acquisitions and for associated 339
contractual services, to ensure the conservation and protection 340
of natural resources on project sites and to allow limited 341
public recreational use of lands. Interim management activities 342
may include, but not be limited to, resource assessments, 343
control of invasive, nonnative species, habitat restoration, 344
fencing, law enforcement, controlled burning, and public access 345
consistent with preliminary determinations made pursuant to 346
paragraph (7)(e) (7)(f). The board shall make these interim 347
funds available immediately upon purchase . 348
Section 3. Paragraphs (i), (l), and (m) of subsection (3), 349
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paragraph (a) of subsection (5), and paragraph (i) of subsection 350
(15) of section 259.105, Florida Stat utes, are amended, and 351
paragraphs (g) and (h) are added to subsection (10) of that 352
section, to read: 353
259.105 The Florida Forever Act. — 354
(3) Less the costs of issuing and the costs of funding 355
reserve accounts and other costs associated with bonds, the 356
proceeds of cash payments or bonds issued pursuant to this 357
section shall be deposited into the Florida Forever Trust Fund 358
created by s. 259.1051. The proceeds shall be distributed by the 359
Department of Environmental Protection in the following manner: 360
(i) Three and five-tenths percent to the Department of 361
Agriculture and Consumer Services for the acquisition of 362
agricultural lands, through perpetual conservation easements and 363
other perpetual less than fee techniques, which will achieve the 364
objectives of Florida Forever and s. 570.71. Rules concerning 365
the application, acquisition, and priority ranking process for 366
such easements shall be developed pursuant to s. 570.71(10) and 367
as provided by this paragraph. The board shall ensure that such 368
rules are consistent w ith the acquisition process provided for 369
in s. 570.715. The rules developed pursuant to s. 570.71(10), 370
shall also provide for the following: 371
1. An annual priority list shall be developed pursuant to 372
s. 570.71(10), submitted to the council for review, and approved 373
by the board pursuant to s. 259.04. By March 1, 2024, the 374
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Department of Agriculture and Consumer Services shall submit an 375
updated priority list to the council. Any acquisitions for which 376
funds have been obligated before July 1, 2023, to pay for an 377
appraisal may not be impacted by the updated priority list. 378
2. Terms of easements and acquisitions proposed pursuant 379
to this paragraph shall be approved by the board and may not be 380
delegated by the board to any other entity receiving funds under 381
this section. 382
3. All acquisitions pursuant to this paragraph shall 383
contain a clear statement that they are subject to legislative 384
appropriation. 385
386
Funds provided under this paragraph may not be expended until 387
final adoption of rules by the board pursuant to s. 570.71. 388
(l) For the purposes of paragraphs (e), (f), (g), and (h), 389
the agencies that receive the funds shall develop their 390
individual acquisition or restoration lists in accordance with 391
specific criteria and numeric performance measures developed 392
pursuant to s. 259.035(4). Proposed additions may be acquired if 393
they are identified within the original project boundary, the 394
management plan required pursuant to s. 253.034(5), or the 395
management prospectus required pursuant to s. 259.032(7)(b) s. 396
259.032(7)(c). Proposed additions not meeting the requirements 397
of this paragraph shall be submitted to the council for 398
approval. The council may only approve the proposed addition if 399
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it meets two or more of the following criteria: serves as a link 400
or corridor to other publicly owned property; enhances the 401
protection or management of the property; would add a desirable 402
resource to the property; would create a more manageable 403
boundary configuration; has a high resource value that otherwise 404
would be unprotected; or can be acquired at less than fair 405
market value. 406
(m) Notwithstanding paragraphs (a) -(j) and for the 2021 -407
2022 fiscal year, the amount of $1,998,100 to only the 408
Department of Environmental Protection for grants pursuant to s. 409
375.075. This paragraph expires July 1, 2022. 410
(5)(a) All lands acquired pursuant to this section shall 411
be managed for multiple -use purposes, where compatible with the 412
resource values of and management objectives for such lands. As 413
used in this section, "multiple -use" includes, but is not 414
limited to, outdoor recreational activities as described in ss. 415
253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource 416
development projects, sustainable forestry management, carbon 417
sequestration, carbon mitigation, or carbon offsets. 418
(10) The council sh all give increased priority to: 419
(g) Projects in imminent danger of development, loss of 420
significant natural attributes or recreational open space, or 421
subdivision, which would result in multiple ownership and make 422
acquisition of the project costly or less likely to be 423
accomplished. 424
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(h) Projects located within the Florida wildlife corridor 425
as defined in s. 259.1055(4). 426
(15) The council shall submit to the board, with its list 427
of projects, a report that includes, but need not be limited to, 428
the following information for each project listed: 429
(i) A management policy statement for the project and a 430
management prospectus pursuant to s. 259.032(7)(b) s. 431
259.032(7)(c). 432
Section 4. Paragraph (b) of subsection (3) of section 433
375.041, Florida Statutes, is amended to read: 434
375.041 Land Acquisition Trust Fund. — 435
(3) Funds distributed into the Land Acquisition Trust Fund 436
pursuant to s. 201.15 shall be applied: 437
(b) Of the funds remaining after the payments required 438
under paragraph (a), but before funds may be appropriated, 439
pledged, or dedicated for other uses: 440
1. A minimum of the lesser of 25 percent or $200 million 441
shall be appropriated annually for Everglades projects that 442
implement the Comprehensive Everglades Restoration Plan as set 443
forth in s. 373.470, including the Central Everglades Planning 444
Project subject to congressional authorization; the Long -Term 445
Plan as defined in s. 373.4592(2); and the Northern Everglades 446
and Estuaries Protection Program as set forth in s. 373.4595. 447
From these funds, $32 mi llion shall be distributed each fiscal 448
year through the 2023 -2024 fiscal year to the South Florida 449
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Water Management District for the Long -Term Plan as defined in 450
s. 373.4592(2). After deducting the $32 million distributed 451
under this subparagraph, from the funds remaining, a minimum of 452
the lesser of 76.5 percent or $100 million shall be appropriated 453
each fiscal year through the 2025 -2026 fiscal year for the 454
planning, design, engineering, and construction of the 455
Comprehensive Everglades Restoration Plan as se t forth in s. 456
373.470, including the Central Everglades Planning Project, the 457
Everglades Agricultural Area Storage Reservoir Project, the Lake 458
Okeechobee Watershed Project, the C -43 West Basin Storage 459
Reservoir Project, the Indian River Lagoon -South Project, the 460
Western Everglades Restoration Project, and the Picayune Strand 461
Restoration Project. The Department of Environmental Protection 462
and the South Florida Water Management District shall give 463
preference to those Everglades restoration projects that reduc e 464
harmful discharges of water from Lake Okeechobee to the St. 465
Lucie or Caloosahatchee estuaries in a timely manner. For the 466
purpose of performing the calculation provided in this 467
subparagraph, the amount of debt service paid pursuant to 468
paragraph (a) for bonds issued after July 1, 2016, for the 469
purposes set forth under this paragraph shall be added to the 470
amount remaining after the payments required under paragraph 471
(a). The amount of the distribution calculated shall then be 472
reduced by an amount equal to th e debt service paid pursuant to 473
paragraph (a) on bonds issued after July 1, 2016, for the 474
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purposes set forth under this subparagraph. 475
2. A minimum of the lesser of 7.6 percent or $50 million 476
shall be appropriated annually for spring restoration, 477
protection, and management projects. For the purpose of 478
performing the calculation provided in this subparagraph, the 479
amount of debt service paid pursuant to paragraph (a) for bonds 480
issued after July 1, 2016, for the purposes set forth under this 481
paragraph shall be added to the amount remaining after the 482
payments required under paragraph (a). The amount of the 483
distribution calculated shall then be reduced by an amount equal 484
to the debt service paid pursuant to paragraph (a) on bonds 485
issued after July 1, 2016, for t he purposes set forth under this 486
subparagraph. 487
3. The sum of $5 million shall be appropriated annually 488
each fiscal year through the 2025 -2026 fiscal year to the St. 489
Johns River Water Management District for projects dedicated to 490
the restoration of Lake A popka. This distribution shall be 491
reduced by an amount equal to the debt service paid pursuant to 492
paragraph (a) on bonds issued after July 1, 2016, for the 493
purposes set forth in this subparagraph. 494
4. The sum of $64 million is appropriated and shall be 495
transferred to the Everglades Trust Fund for the 2018 -2019 496
fiscal year, and each fiscal year thereafter, for the EAA 497
reservoir project pursuant to s. 373.4598. Any funds remaining 498
in any fiscal year shall be made available only for Phase II of 499
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the C-51 reservoir project or projects identified in 500
subparagraph 1. and must be used in accordance with laws 501
relating to such projects. Any funds made available for such 502
purposes in a fiscal year are in addition to the amount 503
appropriated under subparagraph 1. This dis tribution shall be 504
reduced by an amount equal to the debt service paid pursuant to 505
paragraph (a) on bonds issued after July 1, 2017, for the 506
purposes set forth in this subparagraph. 507
5. The sum of $50 million shall be appropriated annually 508
to the South Florida Water Management District for the Lake 509
Okeechobee Watershed Restoration Project in accordance with s. 510
373.4599. This distribution must be reduced by an amount equal 511
to the debt service paid pursuant to paragraph (a) on bonds 512
issued after July 1, 2021 , for the purposes set forth in this 513
subparagraph. 514
6. The sum of $100 million shall be appropriated annually 515
to the Department of Environmental Protection for the 516
acquisition of land pursuant to s. 259.105 Notwithstanding 517
subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 518
appropriated as provided in the General Appropriations Act. This 519
subparagraph expires July 1, 2023 . 520
Section 5. Subsection (10) of section 570.71, Florida 521
Statutes, is amended, and subsection (14) is added to that 522
section, to read: 523
570.71 Conservation easements and agreements. — 524
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(10) The department, in consultation with the Department 525
of Environmental Protection, the water management districts, the 526
Department of Economic Opportunity, and the Florida Fish and 527
Wildlife Conservation Commission, shall adopt rules that 528
establish an application process ;, a process and criteria for 529
setting priorities for use of funds consistent with the purposes 530
specified in subsection (1) and giving preference to ranch and 531
timber lands managed using sustainable practices, lands in 532
imminent danger of development or degradation, or lands within 533
the Florida wildlife corridor as defined in s. 259.1055(4); an 534
appraisal process;, and a process for title review and 535
compliance and approval of the rules by the Board of Trustees of 536
the Internal Improvement Trust Fund. 537
(14) Notwithstanding any other law or rule, the department 538
shall submit a purchase agreement authorized by this section to 539
the Board of Trustees of the Internal Improvement Trust Fund for 540
approval only if the purchase price exceeds $5 million. 541
Section 6. Paragraph (b) of subsection (1) and subsection 542
(5) of section 570.715, Florida Statutes, are amended to read: 543
570.715 Conservation easement acquisition procedures. — 544
(1) For less than fee simple acquisitions pursuant to s. 545
570.71, the Department of Agriculture and Consumer Services 546
shall comply with the following acquisition procedures: 547
(b) Before approval by the board of trustees of an 548
agreement to purchase less than fee simple titl e to land 549
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pursuant to s. 570.71, an appraisal of the parcel shall be 550
required as follows: 551
1. Each parcel to be acquired shall have at least one 552
appraisal. Two appraisals are required when the estimated value 553
of the parcel exceeds $5 $1 million. However, when both 554
appraisals exceed $5 $1 million and differ significantly, a 555
third appraisal may be obtained. 556
2. Appraisal fees and associated costs shall be paid by 557
the department. All appraisals used for the acquisition of less 558
than fee simple interest in lan ds pursuant to this section shall 559
be prepared by a state -certified appraiser who meets the 560
standards and criteria established by rule of the board of 561
trustees. Each appraiser selected to appraise a particular 562
parcel shall, before contracting with the depar tment or a 563
participant in a multiparty agreement, submit to the department 564
or participant an affidavit substantiating that he or she has no 565
vested or fiduciary interest in such parcel. 566
(5) Appraisal reports are confidential and exempt from s. 567
119.07(1), for use by the department and the board of trustees, 568
until an option contract is executed or, if an option contract 569
is not executed, until 2 weeks before a contract or agreement 570
for purchase is considered for approval by the board of 571
trustees. However, the department shall has the authority, at 572
its discretion, to disclose appraisal reports to private 573
landowners or their representatives during negotiations for 574
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acquisitions using alternatives to fee simple techniques, if the 575
department determines that disclos ure of such reports will bring 576
the proposed acquisition to closure . The department may also 577
disclose appraisal information to public agencies or nonprofit 578
organizations that agree to maintain the confidentiality of the 579
reports or information when joint acq uisition of property is 580
contemplated, or when a public agency or nonprofit organization 581
enters into a written multiparty agreement with the department. 582
For purposes of this subsection, the term "nonprofit 583
organization" means an organization whose purposes include the 584
preservation of natural resources, and which is exempt from 585
federal income tax under s. 501(c)(3) of the Internal Revenue 586
Code. The department may release an appraisal report when the 587
passage of time has rendered the conclusions of value in the 588
report invalid or when the department has terminated 589
negotiations. 590
Section 7. This act shall take effect July 1, 2023. 591