This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1165.LFS
DATE: 1/29/2024
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1165 Town of Sneads, Jackson County
SPONSOR(S): Abbott
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Roy Darden
2) State Affairs Committee
SUMMARY ANALYSIS
The State of Florida owns lands for many purposes including preservation, conservation, recreation, water
management, historic preservation, and administration of government. Most of these lands are held by the
Board of Trustees of the Internal Improvement Trust Fund (Board), consisting of the Governor and Cabinet.
The Board may acquire, sell, transfer, and administer state lands in the manner consistent with state law.
The Town of Sneads is a municipality of approximately 4.5 square miles in Jackson County. The town has a
population of 1,687. Located on the southeastern shore of Lake Seminole, Sneads is well-known for its “rich
outdoor recreation” opportunities, including freshwater fishing, boating, and hunting.
The bill directs the Board of Trustees of the Internal Improvement Trust Fund to convey in fee simple to Town
of Sneads property in Jackson County consisting of approximately 13.44 acres. The bill requires the Board of
Trustees of the Internal Improvement Trust Fund to convey the property within 60 days of the bill taking effect.
The bill requires a cultural resource assessment survey to be commenced within 90 days after the Town of
Sneads takes legal title to the property. The assessment must be conducted in accordance with the National
Historic Preservation Act of 1966 and Florida Historical Resources Act and the scope of the work and reports
produced must meet the requirements of the Archaeological Historical Report Standards and Guidelines in the
Florida Administrative Code. The final report must be provided to the Speaker of the House of Representatives
and the President of the Senate.
The Economic Impact Statement states that the bill is not expected to have a fiscal impact.
STORAGE NAME: h1165.LFS PAGE: 2
DATE: 1/29/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
State Lands
The State of Florida owns lands for many purposes including preservation, conservation, recreation,
water management, historic preservation, and administration of government. These lands include:
All swamp and overflowed lands held by the state or that may inure to the state;
All lands owned by the state by right of its sovereignty;
1
All internal improvement lands proper;
All tidal lands;
All lands covered by shallow waters of the ocean or gulf, or bays or lagoons thereof, and all
lands owned by the state covered by fresh water;
All parks, reservations, or lands or bottoms set aside in the name of the state, excluding lands
held for transportation facilities and transportation corridors and canal rights-of-way; and
All lands that have accrued or may accrue to the state.
2
State lands are held in trust for the use and benefit of the people of Florida by the Board of Trustees of
the Internal Improvement Trust Fund.
3
The board consists of the Governor, Attorney General, Chief
Financial Officer, and Commissioner of Agriculture.
4
This body may acquire, sell, transfer, and
administer state lands in the manner consistent with state law.
5
The Department of Environmental Protection, through its Division of State Lands, generally performs all
staff duties and functions related to the acquisition, administration, and disposition of state lands,
although certain staff duties related to state lands may be performed by water management districts,
the Department of Agriculture and Consumer Services, or the Fish and Wildlife Conservation
Commission.
6
National Historic Preservation Act of 1966 (NHPA)
The NHPA was passed to acknowledge the importance of protecting our nation’s heritage from
development.
7
The NHPA requires any federal agency with jurisdiction over a proposed federal or
federally-assisted project to consider the effect of the property on any historic property before
expending funds or issuing any license.
8
The NHPA requires the Governor of each state to appoint a state historic preservation officer (SHPO)
to administer its historical preservation programs.
9
The SHPO is responsible for directing and
1
These are “sovereignty submerged lands,” which include but are not limited to, tidal lands, islands, sand bars, shallow banks, and
lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters, to which
the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated.
R. 18-21.003(67), F.A.C.
2
S. 253.03(1), F.S.
3
S. 253.001, F.S.
4
S. 253.02(1), F.S.
5
Id.
6
S. 253.002(1), F.S.
7
National Conference of State Historic Preservation Officers, National Historic Preservation Act of 1966,
https://ncshpo.org/resources/national-historic-preservation-act-of-1966/ (last visited Jan, 27, 2024).
8
54 U.S.C s. 306108.
9
54 U.S.C s. 302301. STORAGE NAME: h1165.LFS PAGE: 3
DATE: 1/29/2024
conducting a comprehensive statewide survey of historical property in coordination with federal and
state agencies, local governments, and private organizations.
10
The NHPA also requires the SHPO to:
Identity and nominate eligible property to the National Register and otherwise administer
application for listing historical property on the Register;
Prepare and implement comprehensive statewide historical preservation plans;
Administer the state programs of federal assistance for historic preservation within the state;
Advise and assist federal and state agencies in carrying out historical preservation
responsibilities;
Cooperate with other federal and state agencies, local governments, and private organizations
and individuals to ensure that historic property is taken into consideration at all levels of
planning and development;
Provide public information, education, and training and technical assistance in historic
preservation;
Cooperate with local governments in the development of local historic preservation programs;
Consult with appropriate federal agencies in accordance with federal law on federal
undertakings and the content and sufficiency of any plans developed to protect, manage, or
reduce harm to the property;
and
Advise and assist in the evaluation of proposals for rehabilitation projects that qualify for Federal
assistance.
11
Florida Historical Resources Act (Act)
Florida law states the rich and unique heritage of historic properties in this state, representing more
than 10,000 years of human presence, is an important legacy to be valued and conserved for present
and future generations.
12
The destruction of these nonrenewable historical resources will engender a
significant loss to the state’s quality of life, economy, and cultural environment.
Similar to requirements for federal agencies under the NHPA, the Act requires each state agency that
has direct or indirect jurisdiction over a proposed state or state-assisted project to, in accordance with
state policy, consider the effect of the undertaking on any historic property included or eligible for
inclusion in the National Register of Historic Places before expending any state funds on the project.
The agency must provide the Division of Historical Resources (Division) of the Department of State a
reasonable opportunity to comment on such an undertaking.
13
The Division may designate an archaeological site as a “state archaeological landmark” if it finds the
location is of significance to the scientific study or public representation of the state’s historical,
prehistoric, or aboriginal past.
14
In addition, the Division may publicly designate an interrelated grouping
of significant archaeological sites as a “state archaeological landmark zone.” However, no site or
grouping of sites may be designated without the express written consent of the private owner. Upon
designation of an archaeological site, the owners and occupants of each designated state
archaeological landmark or landmark zone must be given written notification of such designation by the
Division. Once designated, no person may conduct field investigation activities without first securing a
permit from the Division.
15
Archaeological and Historical Report Standards and Guidelines
The Archaeological and Historical Report Standards and Guidelines (Guidelines) specifies criteria by
which the Division reviews reports of cultural resource activities on federally assisted, licensed or
permitted projects; projects on state owned or controlled property or state assisted, licensed, or
permitted projects; and local projects for which the Division has review authority.
16
The reports of the
10
54 U.S.C s. 302303.
11
54 U.S.C ss. 302303(b)(2)-(10).
12
S. 267.061(1)(a), F.S.
13
S. 267.061(2)(a), F.S.
14
S. 267.11, F.S.
15
Id.
16
Fla. Admin. Code 1A-46.001(1) STORAGE NAME: h1165.LFS PAGE: 4
DATE: 1/29/2024
results of archaeological fieldwork and historical fieldwork activities must contain sufficient detail for the
Division to review for completeness and sufficiency. For projects of limited scope, topics that are not
applicable may be omitted when a justification for the decision as to the completeness and sufficiency
of the report is provided.
17
Town of Sneads
The Town of Sneads is a municipality of approximately 4.5 square miles in Jackson County.
18
The town
has a population of 1,687.
19
Located on the southeastern shore of Lake Seminole, Sneads is well-
known for its “rich outdoor recreation” opportunities, including freshwater fishing, boating, and hunting.
Effect of Proposed Changes
The bill directs the Board of Trustees of the Internal Improvement Trust Fund to convey in fee simple to
the Town of Sneads property in Jackson County consisting of approximately 13.44 acres. The bill
requires the Board of Trustees of the Internal Improvement Trust Fund to convey the property within 60
days of the bill taking effect.
The bill requires a cultural resource assessment survey to be commenced within 90 days after the
Town of Sneads takes legal title to the property. The assessment must be conducted in accordance
with the NHPA and Florida Historical Resources Act. The scope of the work and reports must meet the
requirements of the Archaeological Historical Report Standards and Guidelines in the Florida
Administrative Code. The bill requires the final report to be provided to the Speaker of the House of
Representatives and the President of the Senate.
The Economic Impact Statement states that the bill is not expected to have a fiscal impact.
B. SECTION DIRECTORY:
Section 1: Requires the Board of Trustees of the Internal Improvement Trust Fund to convey
property in fee simple to the Town of Sneads, and provides a description of the property.
Section 2: Provides a timeframe for the Internal Improvement Trust Fund to convey the land to
Sneads.
Section 3: Provides a timeframe for a cultural resource assessment survey to be commenced.
Section 4: Provides an effective date of July 1, 2024, or upon becoming a law, whichever occurs
earlier.
II. NOTICE/REFERENDUM AND OTHER REQUI REMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? October 12, 2023.
WHERE? Jackson County Times, a weekly newspaper published in Jackson County.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
17
Fla. Admin. Code 1A-46.001(3)
18
Town of Sneads, Community Information, https://sneadsfl.com/ (last visited Jan. 24, 2024).
19
Office of Economic and Demographic Research, Florida Population Estimates by County and Municipality
April 1, 2023, http://edr.state.fl.us/Content/population-demographics/data/2023_Pop_Estimates.pdf (last visited Jan. 27.
2024). STORAGE NAME: h1165.LFS PAGE: 5
DATE: 1/29/2024
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.