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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 management; providing a 2
short title; amending s. 253.034, F.S.; requiring 3
public hearings for all updated conservation and 4
nonconservation land management plans; requiring the 5
Division of State Lands of the Department of 6
Environmental Protection to make available to the 7
public, within a specified timeframe, electronic 8
copies of land management plans for parcels of a 9
certain size and for parcels located in state parks; 10
making technical changes; amending s. 258.004, F.S.; 11
revising the duties of the Division of Recreation and 12
Parks of the Department of Environmental Protection; 13
specifying requirements for the management of parks 14
and recreational areas held by the state; defining the 15
term "conservation-based public outdoor recreatio nal 16
uses"; making technical changes; amending s. 258.007, 17
F.S.; requiring the division to comply with specified 18
provisions when granting certain privileges, leases, 19
concessions, and permits; authorizing the division to 20
acquire, install, or permit the insta llation or 21
operation at state parks of camping cabins that meet 22
certain requirements; prohibiting the division from 23
authorizing certain uses or construction activities 24
within a state park; prohibiting the division from 25
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acquiring, installing, or permitting the installation 26
or operation of any lodging establishment at a state 27
park; amending s. 259.032, F.S.; requiring that 28
individual management plans for parcels located within 29
state parks be developed with input from an advisory 30
group; requiring that the advi sory group's required 31
public hearings be noticed to the public within a 32
specified timeframe; requiring the department to 33
submit a report to the Governor and the Legislature by 34
a specified date; specifying requirements for the 35
report; providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. This act may be cited as the "State Park 40
Preservation Act." 41
Section 2. Subsection (5) of section 253.034, Florida 42
Statutes, is amended to read: 43
253.034 State-owned lands; uses.— 44
(5) Each manager of conservation lands shall submit to the 45
Division of State Lands a land management plan at least every 10 46
years in a form and manner adopted by rule of the board of 47
trustees and in accordance with s. 259.032. Each manager of 48
conservation lands shall also update a land management plan 49
whenever the manager proposes to add new facilities or make 50
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substantive land use or management changes that were not 51
addressed in the approved plan, or within 1 year after the 52
addition of significant new lands. Each manager of 53
nonconservation lands shall submit to the Division of State 54
Lands a land use plan at least every 10 years in a form and 55
manner adopted by rule of the board of trustees. The division 56
shall review each plan for compliance wi th the requirements of 57
this subsection and the requirements of the rules adopted by the 58
board of trustees pursuant to this section. All nonconservation 59
land use plans, whether for single -use or multiple-use 60
properties, must shall be managed to provide the greatest 61
benefit to the state. Plans for managed areas larger than 1,000 62
acres must shall contain an analysis of the multiple -use 63
potential of the property which includes the potential of the 64
property to generate revenues to enhance the management of the 65
property. In addition, the plan must shall contain an analysis 66
of the potential use of private land managers to facilitate the 67
restoration or management of these lands and whether 68
nonconservation lands would be more appropriately transferred to 69
the county or municipality in which the land is located for the 70
purpose of providing affordable multifamily rental housing that 71
meets the criteria of s. 420.0004(3). If a newly acquired 72
property has a valid conservation plan that was developed by a 73
soil and water conservation district, such plan must shall be 74
used to guide management of the property until a formal land use 75
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plan is completed. 76
(a) State conservation lands must shall be managed to 77
ensure the conservation of this state's plant and animal species 78
and to ensure the accessibility of state lands for the benefit 79
and enjoyment of all people of this state, both present and 80
future. Each land management plan for state conservation lands 81
must shall provide a desired outcome, describe both short -term 82
and long-term management goals, and include measurable 83
objectives to achieve those goals. Short -term goals must shall 84
be achievable within a 2 -year planning period, and long -term 85
goals must shall be achievable within a 10 -year planning period. 86
These short-term and long-term management goals are shall be the 87
basis for all subsequent land management activities. 88
(b) Short-term and long-term management goals for state 89
conservation lands must shall include measurable objectives for 90
the following, as appropriate: 91
1. Habitat restoration and improvement. 92
2. Public access and recreational opportunities. 93
3. Hydrological preservation and restoration. 94
4. Sustainable forest management. 95
5. Exotic and invasive species maintenance and control. 96
6. Capital facilities and infra structure. 97
7. Cultural and historical resources. 98
8. Imperiled species habitat maintenance, enhancement, 99
restoration, or population restoration. 100
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(c) The land management plan must shall, at a minimum, 101
contain the following elements: 102
1. A physical description of the land. 103
2. A quantitative data description of the land which 104
includes an inventory of forest and other natural resources; 105
exotic and invasive plants; hydrological features; 106
infrastructure, including recreational facilities; and other 107
significant land, cultural, or historical features. The 108
inventory must shall reflect the number of acres for each 109
resource and feature, when appropriate. The inventory must shall 110
be of such detail that objective measures and benchmarks can be 111
established for each tract of land and monitored during the 112
lifetime of the plan. All quantitative data collected must shall 113
be aggregated, standardized, collected, and presented in an 114
electronic format to allow for uniform management reporting and 115
analysis. The informati on collected by the Department of 116
Environmental Protection pursuant to s. 253.0325(2) must shall 117
be available to the land manager and his or her assignee. 118
3. A detailed description of each short -term and long-term 119
land management goal, the associated mea surable objectives, and 120
the related activities that are to be performed to meet the land 121
management objectives. Each land management objective must be 122
addressed by the land management plan, and if practicable, a 123
land management objective may not be perform ed to the detriment 124
of the other land management objectives. 125
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4. A schedule of land management activities which contains 126
short-term and long-term land management goals and the related 127
measurable objective and activities. The schedule must shall 128
include for each activity a timeline for completion, 129
quantitative measures, and detailed expense and manpower 130
budgets. The schedule must shall provide a management tool that 131
facilitates development of performance measures. 132
5. A summary budget for the sc heduled land management 133
activities of the land management plan. For state lands 134
containing or anticipated to contain imperiled species habitat, 135
the summary budget shall include any fees anticipated from 136
public or private entities for projects to offset adv erse 137
impacts to imperiled species or such habitat, which fees must 138
shall be used solely to restore, manage, enhance, repopulate, or 139
acquire imperiled species habitat. The summary budget must shall 140
be prepared in such manner that it facilitates computing an 141
aggregate of land management costs for all state -managed lands 142
using the categories described in s. 259.037(3). 143
(d) Upon completion, the land management plan must be 144
transmitted to the Acquisition and Restoration Council for 145
review. Within The council shall have 90 days after receipt of 146
the plan, the council shall to review the plan and submit its 147
recommendations to the board of trustees. During the review 148
period, the land management plan may be revised if agreed to by 149
the primary land manager and the co uncil taking into 150
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consideration public input. The land management plan becomes 151
effective upon approval by the board of trustees. 152
(e) Land management plans are to be updated every 10 years 153
on a rotating basis. Each updated land management plan must 154
identify any conservation lands under the plan, in part or in 155
whole, that are no longer needed for conservation purposes and 156
could be disposed of in fee simple or with the state retaining a 157
permanent conservation easement. 158
(f) In developing or updating land management plans, at 159
least one public hearing must shall be held in any one affected 160
county. 161
(g) The Division of State Lands shall make available to 162
the public at least 30 days before the public hearing required 163
by paragraph (f) an electronic copy of each land management plan 164
for parcels that exceed 160 acres in size and for parcels 165
located within a state park . The division shall review each plan 166
for compliance with the requirements of this subsection, the 167
requirements of chapter 259, and the requirements o f the rules 168
adopted by the board of trustees pursuant to this section. The 169
Acquisition and Restoration Council shall also consider the 170
propriety of the recommendations of the managing entity with 171
regard to the future use of the property, the protection of 172
fragile or nonrenewable resources, the potential for alternative 173
or multiple uses not recognized by the managing entity, and the 174
possibility of disposal of the property by the board of 175
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trustees. After its review, the council shall submit the plan, 176
along with its recommendations and comments, to the board of 177
trustees. The council shall specifically recommend to the board 178
of trustees whether to approve the plan as submitted, approve 179
the plan with modifications, or reject the plan. If the council 180
fails to make a recommendation for a land management plan, the 181
Secretary of Environmental Protection, Commissioner of 182
Agriculture, or executive director of the Fish and Wildlife 183
Conservation Commission or their designees must shall submit the 184
land management plan to th e board of trustees. 185
(h) The board of trustees shall consider the land 186
management plan submitted by each entity and the recommendations 187
of the Acquisition and Restoration Council and the Division of 188
State Lands and shall approve the plan with or without 189
modification or reject such plan. The use or possession of any 190
such lands which that is not in accordance with an approved land 191
management plan is subject to termination by the board of 192
trustees. 193
(i)1. State nonconservation lands must shall be managed to 194
provide the greatest benefit to the state. State nonconservation 195
lands may be grouped by similar land use types under one land 196
use plan. Each land use plan must shall, at a minimum, contain 197
the following elements: 198
a. A physical description of the land t o include any 199
significant natural or cultural resources as well as management 200
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strategies developed by the land manager to protect such 201
resources. 202
b. A desired development outcome. 203
c. A schedule for achieving the desired development 204
outcome. 205
d. A description of both short -term and long-term 206
development goals. 207
e. A management and control plan for invasive nonnative 208
plants. 209
f. A management and control plan for soil erosion and soil 210
and water contamination. 211
g. Measurable objectives to achieve the go als identified 212
in the land use plan. 213
2. Short-term goals shall be achievable within a 5 -year 214
planning period and long -term goals shall be achievable within a 215
10-year planning period. 216
3. The use or possession of any such lands that is not in 217
accordance with an approved land use plan is subject to 218
termination by the board of trustees. 219
4. Land use plans submitted by a manager shall include 220
reference to appropriate statutory authority for such use or 221
uses and shall conform to the appropriate policies and 222
guidelines of the state land management plan. 223
Section 3. Section 258.004, Florida Statutes, is amended 224
to read: 225
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258.004 Duties of division. — 226
(1) It shall be the duty of The Division of Recreation and 227
Parks of the Department of Environmental Protect ion shall: 228
(a) to Supervise, administer, regulate, and control the 229
operation of all public parks, including all monuments, 230
memorials, sites of historic interest and value, and sites of 231
archaeological interest and value which are owned, or which may 232
be acquired, by the state, or to the operation, development, 233
preservation, and maintenance of which the state may have made 234
or may make contribution or appropriation of public funds for 235
their operation, development, preservation, and maintenance . 236
(b)(2) The Division of Recreation and Parks shall 237
Preserve, manage, regulate, and protect all parks and 238
recreational areas held by the state . The Division of Recreation 239
and Parks and may provide these services by contract or 240
interagency agreement for any water managem ent district when the 241
governing board of a water management district designates or 242
sets aside any park or recreation area within its boundaries. 243
All lands managed pursuant to this chapter must be: 244
1. Managed in a manner that will provide the greatest 245
combination of benefits to the public and to the land's natural 246
resources; and 247
2. Managed for conservation -based public outdoor 248
recreational uses; public access and related amenities, 249
including roads, parking areas, walkways, and visitor centers; 250
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and scientific research, including archaeology. Such uses must 251
be managed in a manner that is compatible with and that ensures 252
the conservation of this state's natural resources by minimizing 253
impacts to undisturbed habitat and using disturbed upland 254
regions to the maximum extent practicable. As used in this 255
subparagraph, the term "conservation -based public outdoor 256
recreational uses" includes fishing, camping, bicycling, hiking, 257
nature study, swimming, boating, canoeing, horseback riding, 258
diving, birding, sailin g, jogging, and similar conservation -259
based public recreational uses. The term does not include sports 260
that require sporting facilities, such as golf courses, tennis 261
courts, pickleball courts, ball fields, and other similar 262
facilities. 263
(c)(3) The Division of Recreation and Parks shall Study 264
and appraise the recreational recreation needs of the state and 265
assemble and disseminate information relative to recreation. 266
(d)(4) The Division of Recreation and Parks shall Provide 267
consultation assistance to local g overning units as to the 268
protection, organization, and administration of local recreation 269
systems and the planning and design of local recreational 270
recreation areas and facilities. 271
(e)(5) The Division of Recreation and Parks shall Assist 272
in recruiting, training, and placing recreation personnel. 273
(f)(6) The Division of Recreation and Parks shall Sponsor 274
and promote recreation institutes, workshops, seminars, and 275
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conferences throughout this the state. 276
(g)(7) The Division of Recreation and Parks shall 277
Cooperate with state and federal agencies, private 278
organizations, and commercial and industrial interests in the 279
promotion of a state recreation program. 280
(2)(8) This part shall be enforced by The Division of Law 281
Enforcement of the Department of Environment al Protection and 282
its officers and by the Division of Law Enforcement of the Fish 283
and Wildlife Conservation Commission and its officers shall 284
enforce this part. 285
Section 4. Present subsection (5) of section 258.007, 286
Florida Statutes, is redesignated as subsection (7), a new 287
subsection (5) and subsection (6) are added to that section, and 288
subsection (3) of that section is amended, to read: 289
258.007 Powers of division. — 290
(3)(a) The division may , as consistent with s. 258.004, 291
grant privileges, leases, co ncessions, and permits for the use 292
of land for the accommodation of visitors in the various parks, 293
monuments, and memorials in accordance with all of the following 294
provisions: 295
1. , provided no Natural curiosities or objects of 296
interest may not shall be granted, leased, or rented on such 297
terms that as shall deny or interfere with free access to them 298
by the public.; 299
2. provided further, Such grants, leases, and permits may 300
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be made and given without advertisement or securing competitive 301
bids.; and 302
3. provided further, that no Such grants, leases, and 303
permits may not grant, lease, or permit shall be assigned or 304
transferred by any grantee without consent of the division. 305
(b) Notwithstanding paragraph (a), after May 1, 2014, the 306
division may not grant new concession agreements for the 307
accommodation of visitors in a state park that provides beach 308
access and contains less than 7,000 feet of shoreline if the 309
type of concession is available within 1,500 feet of the park's 310
boundaries. This paragraph does not apply to concession 311
agreements for accommodations offered at a park on or before May 312
1, 2014. This paragraph shall take effect upon this act becoming 313
a law. 314
(5) The division may acquire, install, or permit the 315
installation or operation at state parks of camping cabins that 316
have a maximum occupancy of six guests. The installation and 317
operation of camping cabins must be compatible with the state 318
park's land management plan and must be approved pursuant to s. 319
253.034(5). Camping cabins must, to the maximum extent 320
practicable, be sited to avoid impacts to a state park's 321
critical habitat and natural and historical resources. 322
(6) The division may not authorize uses or construction 323
activities, including the building or alteration of structures, 324
within a state park which may cause significant harm to the 325
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resources of the state park. Any use or any construction 326
activity must, to the maximum extent practicable, be conducted 327
in a manner that avoids impacts to a state park's critical 328
habitat and natural and historical resources. The division may 329
not acquire, install, or permit the installation or operation at 330
state parks of any lodging establishment as defined in s. 331
509.242. 332
Section 5. Paragraph (b) of subsection (8) of section 333
259.032, Florida Statutes, is amended to read: 334
259.032 Conservation and recreation lands. — 335
(8) 336
(b) Individual management plans required by s. 253.034(5), 337
for parcels over 160 acres and for parcels located within a 338
state park, must shall be developed with inp ut from an advisory 339
group. 340
1. Members of the this advisory group shall include, at a 341
minimum, representatives of the lead land managing agency, 342
comanaging entities, local private property owners, the 343
appropriate soil and water conservation district, a lo cal 344
conservation organization, and a local elected official. If 345
habitat or potentially restorable habitat for imperiled species 346
is located on state lands, the Fish and Wildlife Conservation 347
Commission and the Department of Agriculture and Consumer 348
Services must shall be included on any advisory group required 349
under chapter 253, and the short -term and long-term management 350
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goals required under chapter 253 must advance the goals and 351
objectives of imperiled species management without restricting 352
other uses identified in the management plan. 353
2. The advisory group shall conduct at least one public 354
hearing within the county in which the parcel or project is 355
located. For those parcels or projects that are within more than 356
one county, at least one areawide public h earing is shall be 357
acceptable and the lead managing agency shall invite a local 358
elected official from each county. The areawide public hearing 359
must shall be held in the county in which the core parcels are 360
located. At least 30 days before the public hearin g, notice of 361
the such public hearing must shall be posted on the parcel or 362
project designated for management, advertised in a paper of 363
general circulation, and announced at a scheduled meeting of the 364
local governing body before the actual public hearing. 365
3. The management prospectus required pursuant to 366
paragraph (7)(b) must shall be available to the public for a 367
period of 30 days before the public hearing. 368
4. By July 1 of each year, each governmental agency and 369
each private entity designated to manage lands shall report to 370
the Secretary of Environmental Protection on the progress of 371
funding, staffing, and resource management of every project for 372
which the agency or entity is responsible. 373
Section 6. By December 1, 2025, the Department of 374
Environmental Protection shall submit a report to the Governor, 375
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the President of the Senate, and the Speaker of the House of 376
Representatives which includes all of the following information 377
regarding the state park system: 378
(1) The number of state parks with amenities or areas that 379
have limited use or are temporarily closed due to needed repairs 380
or inadequate infrastructure necessary to support conservation -381
based public recreation uses. 382
(2) The system's estimated budget allocation expenditures 383
for the 2023-2024 fiscal year, broken down by salaries and 384
benefits, equipment costs, and contracting costs for the 385
following categories: operations, maintenance and repair, park 386
improvement, and administrative overhead. 387
(3) The estimated costs associated with the facility 388
maintenance backlog by each state park, including a plan to 389
reduce or eliminate the facility maintenance backlog for the 390
state park system by July 1, 2035, to ensure access to and the 391
safe enjoyment of such public lands for the residents of this 392
state and its visitors. 393
Section 7. This act shall take effect July 1, 2025. 394