Florida Senate - 2022 SB 2508 By the Committee on Appropriations 576-02885-22 20222508__ Page 1 of 25 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to environmental resources; amending 2 s. 253.025, F.S.; providing that certain land 3 acquisitions are not required to meet specified 4 valuation procedures; authorizing the Board of 5 Trustees of the Internal Improvement Trust Fund to 6 direct the Department of Agriculture and Consumer 7 Services to purchase lands according to certain 8 provisions; amending s. 373.026, F.S.; providing 9 requirements for budget amendments requesting the 10 release of state funds for specified water project 11 components; conforming provisions to changes made by 12 the act; amending s. 373.036, F.S.; requiring 13 modifications to water management district annual work 14 plans to be submitted to the Secretary of 15 Environmental Protection for review and approval; 16 amending s. 373.1501, F.S.; requiring the South 17 Florida Water Management District to make a specified 18 certification to the Legislature regarding its 19 recommendations to the United States Army Corps of 20 Engineers for new or modified Lake Okeechobee 21 provisions; requiring water shortages within the Lake 22 Okeechobee Region to be managed in accordance with 23 certain provisions; amending s. 373.4141, F.S.; 24 authorizing the Department of Environmental Protection 25 to enter into agreements or contracts with certain 26 entities to expedite the evaluation of certain 27 environmental permits; providing requirements for such 28 agreements or contracts; authorizing the department to 29

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 2 of 25 CODING: Words stricken are deletions; words underlined are additions. receive funds received pursuant to such an agreement 30 or contract; requiring such funds to be deposited into 31 the Grants and Donations Trust Fund; amending s. 32 373.4598, F.S.; revising the goals of the water 33 management district in reevaluating the Lake 34 Okeechobee Regulation Schedule; amending s. 570.71, 35 F.S.; specifying that the Department of Agriculture 36 and Consumer Services may acquire land or certain 37 related interests in land for specified public 38 purposes; revising the types of project proposals for 39 which the department may accept applications; revising 40 the activities prohibited under certain easements; 41 removing a requirement that certain department rules 42 give preference to certain types of lands; amending s. 43 570.715, F.S.; revising the procedures the department 44 must comply with for certain land acquisitions; 45 providing for a type two transfer of the William J. 46 “Billy Joe” Rish Recreational Park within the Agency 47 for Persons with Disabilities to the Department of 48 Environmental Protection; providing for the 49 continuation of certain contracts and interagency 50 agreements; reenacting ss. 253.0251(7) and 51 259.105(3)(i), F.S., relating to alternatives to fee 52 simple acquisition and the Florida Forever Act, 53 respectively, to incorporate the amendment made to s. 54 570.715, F.S., in references thereto; reenactin g s. 55 570.93, F.S., relating to an agricultural water 56 conservation program; providing effective dates. 57 58

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 3 of 25 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 59 60

Section 1. Effective January 1, 2023, paragraph (

j) of 61 subsection (8) and subsection (22) of

section 253.025, Florida 62 Statutes, are amended to read: 63 253.025 Acquisition of state lands.— 64

(8) Before approval by the board of trustees, or, when 65 applicable, the Department of Environmental Protection, of any 66 agreement to purchase land pursuant to this chapter,

chapter 67 259,

chapter 260, or

chapter 375, and before negotiations with 68 the parcel owner to purchase any other land, title to which will 69 vest in the board of trustees, an appraisal of the parcel shall 70 be required as follows: 71 (j)1. The board of trustees shall adopt by rule the method 72 for determining the value of parcels sought to be acquired by 73 state agencies pursuant to this section. An offer by a state 74 agency may not exceed the value for that parcel as determined 75 pursuant to the highest approved appraisal or the value 76 determined pursuant to the rules of the board of trustees, 77 whichever value is less. 78 2.

For a joint acquisition by a state agency and a local 79 government or other entity apart from the state, the joint 80 purchase price may not exceed 150 percent of the value for a 81 parcel as determined in accordance with the limits in 82 subparagraph 1. The state agency share of a joint purchase offer 83 may not exceed what the agency may offer singly pursuant to 84 subparagraph 1. 85 3. This paragraph does not apply to the acquisition of 86 historically unique or significant property as determined by the 87

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 4 of 25 CODING: Words stricken are deletions; words underlined are additions. Division of Historical Resources of the Department of State or 88 to land, including interests in land, acquired pursuant to 89

chapter 570. 90 91 Notwithstanding this subsection, on behalf of the board of 92 trustees and before the appraisal of parcels approved for 93 purchase under this

chapter or

chapter 259, the Secretary of 94 Environmental Protection or the director of the Division of 95 State Lands may enter into option contracts to buy such parcels. 96 Any such option contract shall state that the final purchase 97 price is subject to approval by the board of trustees or, if 98 applicable, the Secretary of Environmental Protection, and that 99 the final purchase price may not exceed the maximum offer 100 allowed by law.

Any such option contract presented to the board 101 of trustees for final purchase price approval shall explicitly 102 state that payment of the final purchase price is subject to an 103 appropriation from the Legislature. The consideration for such 104 an option may not exceed $1,000 or 0.01 percent of the estimate 105 by the department of the value of the parcel, whichever amount 106 is greater. 107

(22) The board of trustees, by an affirmative vote of at 108 least three members, may direct the Department of Agriculture 109 and Consumer Services to purchase lands pursuant to

chapter 570 110 or the Department of Environmental Protection to purchase lands 111 on an immediate basis using up to 15 percent of the funds 112 allocated to the department pursuant to s. 259.105 for the 113 acquisition of lands that: 114 (

a) Are listed or placed at auction by the Federal 115 Government as part of the Resolution Trust Corporation sale of 116

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 5 of 25 CODING: Words stricken are deletions; words underlined are additions. lands from failed savings and loan associations; 117 (

b) Are listed or placed at auction by the Federal 118 Government as part of the Federal Deposit Insurance Corporation 119 sale of lands from failed banks; 120 (

c) Will be developed or otherwise lost to potential public 121 ownership, or for which federal matching funds will be lost, by 122 the time the land can be purchased under the program w ithin 123 which the land is listed for acquisition; or 124 (

d) Will prevent or satisfy private property rights claims 125 resulting from limitations imposed by the designation of an area 126 of critical state concern pursuant to

chapter 380. 127 128 Lands acquired pursuant to this subsection must, at the time of 129 purchase, be on one of the acquisition lists established 130 pursuant to

chapter 259 or

chapter 570, or be essential for 131 water resource development, protection, or restoration, or a 132 significant portion of the lands must contain natural 133 communities or plant or animal species that are listed by the 134 Florida Natural Areas Inventory as critically imperiled, 135 imperiled, or rare, or as excellent quality occurrences of 136 natural communities. 137

Section 2. Effective upon becoming a law, paragraph (

b) of 138 subsection (8) of

section 373.026, Florida Statutes, is amended 139 to read: 140 373.026 General powers and duties of the department.—The 141 department, or its successor agency, shall be responsible for 142 the administration of this

chapter at the state level. However, 143 it is the policy of the state that, to the greatest extent 144 possible, the department may enter into interagency or 145

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 6 of 25 CODING: Words stricken are deletions; words underlined are additions. interlocal agreements with any other state agency, any water 146 management district, or any local government conducting programs 147 related to or materially affecting the water resources of the 148 state. All such agreements shall be subject to the provisions of 149 s. 373.046. In addition to its other powers and duties, the 150 department shall, to the greatest extent possible: 151 (8) 152 (

b) To ensure to the greatest extent possible that project 153 components will go forward as planned, the department shall 154 collaborate with the South Florida Water Management District in 155 implementing the comprehensive plan as defined in s. 156 373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as 157 defined in s. 373.4595(2), and the River Watershed Protection 158 Plans as defined in s. 373.4595(2).

Before any project component 159 is submitted to Congress for authorization or receives an 160 appropriation of state funds, the department must approve, or 161 approve with amendments, each project component within 60 days 162 following formal submittal of the project component to the 163 department.

Prior to the release of state funds for the 164 implementation of the comprehensive plan, department approval 165 shall be based upon a determination of the South Florida Water 166 Management District’s compliance with s. 373.1501(5) and (7). 167 Additionally, each budget amendment requesting the release of 168 state funds for the implementation of a project component or a 169 water control plan or regulation

schedule required for the 170 operation of the project shall be contingent on the submission 171 of the certification required in s. 373.1501(7). Once a project 172 component is approved, the South Florida Water Management 173 District shall provide to the President of the Senate and the 174

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 7 of 25 CODING: Words stricken are deletions; words underlined are additions. Speaker of the House of Representatives a

schedule for 175 implementing the project component, the estimated total cost of 176 the project component, any existing federal or nonfederal 177 credits, the estimated remaining federal and nonfederal share of 178 costs, and an estimate of the amount of state funds that will be 179 needed to implement the project component. All requests for an 180 appropriation of state funds needed to implement the project 181 component shall be submitted to the department, and such 182 requests shall be included in the department’s annual request to 183 the Governor.

Prior to the release of state funds for the 184 implementation of the Lake Okeechobee Watershed Protection Plan 185 or the River Watershed Protection Plans, on an annual basis, the 186 South Florida Water Management District shall prepare an annual 187 work plan as part of the consolidated annual report required in 188 s. 373.036(7). Upon a determination by the secretary of the 189 annual work plan’s consistency with the goals and objectives of 190 ss. 373.1501(7) and 373.4595 s. 373.4595, the secretary may 191 approve the release of state funds.

Any modifications to the 192 annual work plan shall be submitted to the secretary for review 193 and approval. 194

Section 3. Effective upon becoming a law, paragraph (

a) of 195 subsection (7) of

section 373.036, Florida Statutes, is amended 196 to read: 197 373.036 Florida water plan; district water management 198 plans.— 199

(7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT. — 200 (

a) By March 1, annually, each water management district 201 shall prepare and submit to the Office of Economic and 202 Demographic Research, the department, the Governor, the 203

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b) Continue data gathering, analysis, research, and design 233 of project components, participate in preconstruction 234 engineering and design documents for project components, and 235 further refine the Comprehensive Plan of the restudy as a guide 236 and framework for identifying other project components. 237 (

c) Construct pilot projects that will assist in 238 determining the feasibility of technology included in the 239 Comprehensive Plan of the restudy. 240 (

d) Act as local sponsor for project components. 241

(7) When developing or implementing water control plans or 242 regulation schedules required for the operation of the project, 243 the district shall provide recommendations to the United States 244 Army Corps of Engineers which are consistent with all district 245 programs and plans.

To ensure that the district’s 246 recommendations to the United States Army Corps of Engineers 247 regarding proposed changes to the Lake Okeechobee Regulation 248 Schedule, the Lake Okeechobee System Operating Manual, or any 249 other water control plans or regulation schedules required for 250 the operation of the project and related project components 251 comply with the requirements of this subsection, s. 373.026(8), 252 and s. 373.470, the district shall certify to the President of 253 the Senate and the Speaker of the House of Representatives, with 254 a copy to the department, that its recommendations to the United 255 States Army Corps of Engineers on any proposed new or modified 256 Lake Okeechobee Regulation Schedule, Lake Okeechobee System 257 Operating Manual, or deviation, and related project components, 258 comply with s. 373.4598(11) and: 259 (

a) Do not diminish the quantity of water available to 260 existing legal users; 261

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b) Do not otherwise adversely impact existing legal users; 262 (

c) Do not diminish the existing levels of service for 263 flood protection within or outside the geographic area of t he 264 project component; 265 (

d) Do not adversely affect adopted minimum flows and 266 levels and associated prevention and recovery strategies; and 267 (

e) Will continue to adapt to meet the needs of the 268 restored natural environment. 269

(10) Water shortages within the Lake Okeechobee Region 270 shall be managed in accordance with Chapters 40E -21 and 40E-22, 271 Florida Administrative Code, in effect as of January 1, 2022, as 272 such region is set forth therein. 273

Section 5. Effective upon becoming a law,

section 373.4141, 274 Florida Statutes, is amended to read: 275 373.4141 Permits; processing.— 276

(1) GENERAL PROCESSING; TIME LIMITATIONS.— 277 (

a) Within 30 days after receipt of an application for a 278 permit under this part, the department or the water management 279 district shall review the application and shall request 280 submittal of all additional information the department or the 281 water management district is permitted by law to require. If the 282 applicant believes any request for additional information is not 283 authorized by law or rule, the applicant may request a hearing 284 pursuant to s. 120.57.

Within 30 days after receipt of such 285 additional information, the department or water management 286 district shall review it and may request only that information 287 needed to clarify such additional information or to answer new 288 questions raised by or directly related to such additional 289 information. If the applicant believes the request of the 290

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 11 of 25 CODING: Words stricken are deletions; words underlined are additions. department or water management district for such additional 291 information is not authorized by law or rule, the department or 292 water management district, at the applicant’s request, must 293 shall proceed to process the permit application. 294 (b)

(2) A permit must shall be approved, denied, or subject 295 to a notice of proposed agency action within 60 days after 296 receipt of the original application, the last item of timely 297 requested additional material, or the applicant’s written 298 request to begin processing the permit application. 299 (c)

(3) Processing of applications for permits for 300 affordable housing projects must shall be expedited to a greater 301 degree than other projects. 302 (d)

(4) A state agency or an agency of the state may not 303 require as a condition of approval for a permit or as an item to 304 complete a pending permit application that an applicant obtain a 305 permit or approval from any other local, state, or federal 306 agency without explicit statutory authority to require such 307 permit or approval. 308

(2) AGREEMENTS TO PROCESS PERMITS.— 309 (

a) The department may enter into an agreement or a 310 contract with a public entity, which includes a utility 311 regulated under

chapter 366, to expedite the evaluation of 312 environmental resource permits or

section 404 permits related to 313 a project or an activity that serves a public purpose. Any 314 agreement or contract entered into pursuant to this subsection 315 must be effective for at least 3 years. 316 (

b) The department must ensure that any agreement or 317 contract entered into by the department does not affect 318 impartial decisionmaking, either substantively or procedurally. 319

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 12 of 25 CODING: Words stricken are deletions; words underlined are additions. The department must use the same procedures for decisions that 320 would otherwise be required for the evaluation of permits for 321 similar projects or activities not carried out under an 322 agreement or contract authorized under this subsection. 323 (

c) The department must make all active agreements or 324 contracts entered into under this subsection available on its 325 website. 326 (

d) The department may receive funds pursuant to an 327 agreement or contract entered into under this subsection. Any 328 funds received pursuant to this subsection must be deposited 329 into the Grants and Donations Trust Fund and used in accordance 330 with the agreement or contract. 331

Section 6. Effective upon becoming a law, paragraph (

c) of 332 subsection (10) and subsection (11) of

section 373.4598, Florida 333 Statutes, are amended to read: 334 373.4598 Water storage reservoirs.— 335

(10) FUNDING.— 336 (

c) Notwithstanding s. 373.026(8)(

b) or any other provision 337 of law, the use of state funds is authorized for projects 338 referenced in paragraph (1)(

b) the EAA reservoir project. 339

(11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district 340 shall request that the corps pursue the reevaluation of the Lake 341 Okeechobee Regulation

Schedule as expeditiously as possible, 342 taking into consideration the repairs made to the Herbert Hoover 343 Dike and implementation of projects designed to reduce high -344 volume freshwater discharges from the lake, in order to 345 optimally utilize the added water storage capacity to reduce the 346 high-volume freshwater discharges to the St. Lucie and 347 Caloosahatchee estuaries while returning the lake to a minimum 348

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 13 of 25 CODING: Words stricken are deletions; words underlined are additions. flow and level prevention status and returning the level of 349 certainty for existing legal users to a 1-in-10-year level of 350 certainty. 351

Section 7. Effective January 1, 2023,

section 570.71, 352 Florida Statutes, is amended to read: 353 570.71 Land acquisition; conservation easements and 354 agreements.— 355

(1) The department, on behalf of the Board of Trustees of 356 the Internal Improvement Trust Fund, may allocate moneys to 357 acquire land or related interests in land, such as perpetual, 358 less-than-fee acquisitions interest in land, to enter into 359 agricultural protection agreements, and to enter into resource 360 conservation agreements for any of the following public 361 purposes: 362 (

a) Promotion and improvement of wildlife habitat.; 363 (

b) Protection and enhancement of water bodies, aquifer 364 recharge areas, wetlands, and watersheds.; 365 (

c) Perpetuation of open space on lands with significant 366 natural areas.; or 367 (

d) Protection of agricultural lands threatened by 368 conversion to other uses. 369 (

e) Preservation and protection of natural and working 370 landscapes. 371 (

f) Preservation, protection, and enhancement of wildlife 372 corridors and linkages. 373

(2) To achieve the purposes of this section, the department 374 may accept applications for project proposals that: 375 (

a) Purchase land or interests in land, such as 376 conservation easements, as defined in s. 704.06. 377

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b) Purchase rural-lands-protection easements pursuant to 378 this section. 379 (

c) Fund resource conservation agreements pursuant to this 380 section. 381 (

d) Fund agricultural protection agreements pursuant to 382 this section. 383

(3) Rural-lands-protection easements are shall be a 384 perpetual right or interest in agricultural land which is 385 appropriate to retain such land in predominantly its current 386 state and to prevent the subdivision and conversion of such land 387 into other uses. This right or interest in property shall 388 prohibit only the following: 389 (

a) Construction or placing of buildings, roads, billboards 390 or other advertising, utilities, or structures, except those 391 structures and unpaved roads necessary for the agricultural 392 operations on the land or structures necessary for other 393 activities allowed under the easement, and except for linear 394 facilities described in s. 704.06(11).; 395 (

b) Subdivision of the property.; 396 (

c) Dumping or placing of trash, waste, or offensive 397 materials.; and 398 (

d) Activities that detrimentally affect the natural 399 hydrology of the land or that detrimentally affect water 400 conservation, erosion control, soil conservation, or fish or 401 wildlife habitat, except those required for environmental 402 restoration; federal, state, or local government regulatory 403 programs; or best management practices. 404

(4) Resource conservation agreements will be contracts for 405 services which provide annual payments to landowners for 406

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 15 of 25 CODING: Words stricken are deletions; words underlined are additions. services that actively improve habitat and water restoration or 407 conservation on their lands over and above that which i s already 408 required by law or which provide recreational opportunities. 409 They will be for a term of not less than 5 years and not more 410 than 10 years. Property owners will become eligible to enter 411 into a resource conservation agreement only upon entering into a 412 conservation easement or rural lands protection easement. 413

(5) Agricultural protection agreements shall be for terms 414 of 30 years and will provide payments to landowners having 415 significant natural areas on their land. Public access and 416 public recreational opportunities may be negotiated at the 417 request of the landowner. 418 (

a) For the length of the agreement, the landowner shall 419 agree to prohibit: 420 1. Construction or placing of buildings, roads, billboards 421 or other advertising, utilities, or structures, except those 422 structures and unpaved roads necessary for the agricultural 423 operations on the land or structures necessary for other 424 activities allowed under the easement, and except for li near 425 facilities described in s. 704.06(11); 426 2. Subdivision of the property; 427 3. Dumping or placing of trash, waste, or offensive 428 materials; and 429 4.

Activities that affect the natural hydrology of the 430 land, or that detrimentally affect water conservation, erosion 431 control, soil conservation, or fish or wildlife habitat. 432 (

b) As part of the agricultural protection agreement, the 433 parties shall agree that the state shall have a right to buy a 434 conservation easement or rural land protection easement at the 435

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 16 of 25 CODING: Words stricken are deletions; words underlined are additions. end of the 30-year term. If the landowner tenders the easement 436 for the purchase and the state does not timely exercise its 437 right to buy the easement, the landowner shall be released from 438 the agricultural agreement.

The purchase price of the easement 439 shall be established in the agreement and shall be based on the 440 value of the easement at the time the agreement is entered into, 441 plus a reasonable escalator multiplied by the number of full 442 calendar years following the date of the commencement of the 443 agreement. The landowner may transfer or sell the property 444 before the expiration of the 30-year term, but only if the 445 property is sold subject to the agreement and the buyer becomes 446 the successor in interest to the agricultural protection 447 agreement.

Upon mutual consent of the parties, a landowner may 448 enter into a perpetual easement at any time during t he term of 449 an agricultural protection agreement. 450

(6) Payment for conservation easements and rural land 451 protection easements shall be a lump-sum payment at the time the 452 easement is entered into. 453

(7) Landowners entering into an agricultural protection 454 agreement may receive up to 50 percent of the purchase price at 455 the time the agreement is entered into, and remaining payments 456 on the balance shall be equal annual payments over the term of 457 the agreement. 458

(8) Payments for the resource conservation agreements sha ll 459 be equal annual payments over the term of the agreement. 460

(9) Easements purchased pursuant to this act may not: 461 (

a) Prevent landowners from transferring the remaining fee 462 value with the easement; or 463 (

b) At the request of the landowner, restrict a landown er’s 464

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 17 of 25 CODING: Words stricken are deletions; words underlined are additions. ability to use, or authorize the use of by third parties, 465 specific parcels of land within a conservation easement for 466 conservation banking or recipient sites for imperiled species as 467 defined in s. 259.105(2)(a)11. or wetlands mitigation banking 468 pursuant to

chapter 373, provided the specific parcels of land 469 include wetland or upland areas that may be enhanced, restored, 470 or created under the conditions of a wetlands mitigation bank 471 permit. 472

(10) The department, in consultation with the Department of 473 Environmental Protection, the water management districts, the 474 Department of Economic Opportunity, and the Florida Fish and 475 Wildlife Conservation Commission, shall adopt rules that 476 establish an application process, a process and criteria for 477 setting priorities for use of funds consistent with the purposes 478 specified in subsection (1) and giving preference to ranch and 479 timber lands managed using sustainable practices, an appraisal 480 process, and a process for title review and compliance and 481 approval of the rules by the Board of Trustees of the Internal 482 Improvement Trust Fund. 483

(11) If a landowner objects to having his or her property 484 included in any lists or maps developed to implement this act, 485 the department must shall remove the property from any such 486 lists or maps upon receipt of the landowner’s written request to 487 do so. 488

(12) The department may use appropriated funds from the 489 following sources to implement this section: 490 (

a) State funds; 491 (

b) Federal funds; 492 (

c) Other governmental entities; 493

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d) Nongovernmental organizations; or 494 (

e) Private individuals. 495 496 Any such funds provided, other than from the Land Acquisition 497 Trust Fund, shall be deposited into the Incidental Trust Fund 498 within the Department of Agriculture and Consumer Services and 499 used for the purposes of this section, including administrative 500 and operating expenses related to appraisals, mapping, title 501 process, personnel, and other real estate expenses. 502

(13) No more than 10 percent of any funds made available to 503 implement this act may shall be expended for resource 504 conservation agreements and agricultural protection agreements. 505

Section 8. Effective January 1, 2023,

section 570.715, 506 Florida Statutes, is amended to read: 507 570.715 Land Conservation easement acquisition procedures.— 508

(1) For land acquisitions, including less than fee simple 509 acquisitions, pursuant to s. 570.71, the Department of 510 Agriculture and Consumer Services shall comply with the 511 following acquisition procedures: 512 (

a) Before conveyance of title by the department, evidence 513 of marketable title in the form of a commitment for title 514 insurance or an abstract of title with a title opinion must 515 shall be obtained. 516 (

b) Before approval by the board of trustees of an 517 agreement to purchase less than fee simple title to land 518 pursuant to s. 570.71, an appraisal of the parcel is shall be 519 required as follows: 520 1. Each parcel to be acquired must shall have at least one 521 appraisal. Two appraisals are required when the estimated value 522

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 19 of 25 CODING: Words stricken are deletions; words underlined are additions. of the parcel exceeds $1 million. However, when both appraisals 523 exceed $1 million and differ significantly, a third appraisal 524 may be obtained. 525 2. Appraisal fees and associated costs must shall be paid 526 by the department. All appraisals used for the acquisition of 527 less than fee simple interest in lands pursuant to this

section 528 must shall be prepared by a state-certified appraiser who meets 529 the standards and criteria established by rule of the board of 530 trustees. Each appraiser selected to appraise a particular 531 parcel shall, before contracting with the department or a 532 participant in a multiparty agreement, submit to the department 533 or participant an affidavit substantiating that he or she has no 534 vested or fiduciary interest in such parcel. 535 (

c) A certified survey must be made that meets the minimum 536 requirements for upland parcels established in the Standards of 537 Practice for Land Surveying in Florida published by the 538 department and that accurately portrays, to the greatest extent 539 practicable, the condition of the parcel as it currently exists. 540 The requirement for a certified survey may, in whole or in part, 541 be waived by the board of trustees any time before the land 542 acquisition of the less than fee simple interest.

If an existing 543 boundary map and description of a parcel are determined by the 544 department to be sufficient for appraisal purposes, the 545 department may temporarily waive the requirement for a survey 546 until any time before conveyance of title to the parcel. 547 (

d) On behalf of the board of trustees and before the 548 appraisal of parcels approved for purchase under ss. 549 259.105(3)(

i) and 570.71, the department may enter into option 550 contracts to buy less than fee simple interest in such parcels. 551

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 20 of 25 CODING: Words stricken are deletions; words underlined are additions. Any such option contract must shall state that the final 552 purchase price is subject to approval by the board of trustees 553 and that the final purchase price may not exceed a fair market 554 value as determined by the department, so long as the public’s 555 interest is reasonably protected the maximum offer authorized by 556 law.

Any such option contract presented to the board of trustees 557 for final purchase price approval must shall explicitly state 558 that payment of the final purchase price is subject to an 559 appropriation by the Legislature. The consideration for any such 560 option contract may not exceed $1,000 or 0.01 percent of the 561 estimate by the department of the value of the parcel, whichever 562 amount is greater. 563 (

e) A final offer must shall be in the form of an option 564 contract or agreement for purchase of the land less than fee 565 simple interest and must shall be signed and attested to by the 566 owner and the department. Before the department signs the 567 agreement for purchase of the land less than fee simple interest 568 or exercises the option contract, the requirements of s. 286.23 569 must shall be complied with. 570 (

f) The procedures provided in s. 253.025(9)(a)-(

d) and 571 (10) must shall be followed. 572

(2) If the public’s interest is reasonably protected, the 573 board of trustees may: 574 (

a) Waive any requirement of this section. 575 (

b) Waive any rules adopted pursuant to s. 570.71, 576 notwithstanding

chapter 120. 577 (

c) Substitute any other reasonably prudent procedures, 578 including federally mandated acquisition procedures, for the 579 procedures in this section, if federal funds are available and 580

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 21 of 25 CODING: Words stricken are deletions; words underlined are additions. will be used for the purchase of land a less than fee simple 581 interest in lands, title to which will vest in the board of 582 trustees, and qualification for such federal funds requires 583 compliance with federally mandated acquisition procedures. 584

(3) The less than fee simple land acquisition procedures 585 provided in this

section are for voluntary, negotiated 586 acquisitions. 587

(4) For purposes of this section, the term “negotiations” 588 does not include preliminary contacts with the property owner to 589 determine availability or eligibility of the property, existing 590 appraisal data, existing abstracts, and surveys. 591

(5) Appraisal reports are confidential and exempt from s. 592 119.07(1), for use by the department and the board of trustees, 593 until an option contract is executed or, if an option contract 594 is not executed, until 2 weeks before a contract or agreement 595 for purchase is considered for approval by the board of 596 trustees.

However, the department has the authority, at its 597 discretion, to disclose appraisal reports to private landowners 598 during negotiations for acquisitions using alternatives to fee 599 simple techniques, if the department determines that disclosure 600 of such reports will bring the proposed acquisition to closure. 601 The department may also disclose appraisal information to public 602 agencies or nonprofit organizations that agree to maintain the 603 confidentiality of the reports or information when joint 604 acquisition of property is contemplated, or when a public agency 605 or nonprofit organization enters into a written multiparty 606 agreement with the department.

For purposes of this subsection, 607 the term “nonprofit organization” means an organization whose 608 purposes include the preservation of natural resources, and 609

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 22 of 25 CODING: Words stricken are deletions; words underlined are additions. which is exempt from federal income tax under s. 501(c)(3) of 610 the Internal Revenue Code. The department may release an 611 appraisal report when the passage of time has rendered the 612 conclusions of value in the report invalid or when the 613 department has terminated negotiations. 614

Section 9. Type two transfer from the Agency for Persons 615 with Disabilities.— 616

(1) All powers, duties, functions, records, offices, 617 personnel, associated administrative support positions, 618 property, pending issues, existing contracts, administrative 619 authority, administrative rules, and unexpended balances of 620 appropriations, allocations, and other funds relati ng to the 621 William J. “Billy Joe” Rish Recreational Park within the Agency 622 for Persons with Disabilities are transferred by a type two 623 transfer, as defined in s. 20.06(2), Florida Statutes, to the 624 Department of Environmental Protection. 625

(2) Any binding contract or interagency agreement existing 626 before July 1, 2022, between the Agency for Persons with 627 Disabilities, or an entity or agency of the department, and any 628 other agency, entity, or person relating to the William J. 629 “Billy Joe” Rish Recreational Park shall continue as a binding 630 contract or agreement for the remainder of the term of the 631 contract or agreement on the successor entity responsible for 632 the program, activity, or functions relative to the contract or 633 agreement. 634

Section 10. Effective January 1, 2023, for the purpose of 635 incorporating the amendment made by this act to

section 570.715, 636 Florida Statutes, in a reference thereto, subsection (7) of 637

section 253.0251, Florida Statutes, is reenacted to read: 638

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 23 of 25 CODING: Words stricken are deletions; words underlined are additions. 253.0251 Alternatives to fee simple acquisition.— 639

(7) For less than fee simple acquisitions pursuant to s. 640 570.71, the Department of Agriculture and Consumer Services 641 shall comply with the acquisition procedures set forth in s. 642 570.715. 643

Section 11. Effective January 1, 2023, for the purpose of 644 incorporating the amendment made by this act to

section 570.715, 645 Florida Statutes, in a reference thereto, paragraph (

i) of 646 subsection (3) of

section 259.105, Florida Statutes, is 647 reenacted to read: 648 259.105 The Florida Forever Act.— 649

(3) Less the costs of issuing and the costs of funding 650 reserve accounts and other costs associated with bonds, the 651 proceeds of cash payments or bonds issued pursuant to this 652

section shall be deposited into the Florida Forever Trust Fund 653 created by s. 259.1051. The proceeds shall be distributed by the 654 Department of Environmental Protection in the following manner: 655 (

i) Three and five-tenths percent to the Department of 656 Agriculture and Consumer Services for the acquisition of 657 agricultural lands, through perpetual conservation easements and 658 other perpetual less than fee techniques, which will achieve the 659 objectives of Florida Forever and s. 570.71. Rules concerning 660 the application, acquisition, and priority ranking process for 661 such easements shall be developed pursuant to s. 570.71(10) and 662 as provided by this paragraph. The board shall ensure that such 663 rules are consistent with the acquisition process provided for 664 in s. 570.715.

The rules developed pursuant to s. 570.71(10), 665 shall also provide for the following: 666 1. An annual priority list shall be developed pursuant to 667

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 24 of 25 CODING: Words stricken are deletions; words underlined are additions. s. 570.71(10), submitted to the council for review, and approved 668 by the board pursuant to s. 259.04. 669 2. Terms of easements and acquisitions proposed pursuant to 670 this paragraph shall be approved by the board and may not be 671 delegated by the board to any other entity receiving funds under 672 this section. 673 3.

All acquisitions pursuant to this paragraph shall 674 contain a clear statement that they are subject to legislative 675 appropriation. 676 677 Funds provided under this paragraph may not be expended until 678 final adoption of rules by the board pursuant to s. 570.71. 679

Section 12. Notwithstanding the reversion and expiration of 680 paragraph (

a) of subsection (1) of

section 570.93, Florida 681 Statutes, by

section 44 of

chapter 2021-37, Laws of Florida, 682 that paragraph is not amended as provided by that act, but is 683 reenacted to read: 684 570.93 Department of Agriculture and Consumer Services; 685 agricultural water conservation and agricultural water supply 686 planning.— 687

(1) The department shall establish an agricultural water 688 conservation program that includes the following: 689 (

a) A cost-share program, coordinated with the United 690 States Department of Agriculture and other federal, state, 691 regional, and local agencies when appropriate, for irrigation 692 system retrofit and application of mobile irrigation l aboratory 693 evaluations, and for water conservation and water quality 694 improvement pursuant to s. 403.067(7)(c). 695

Section 13. Except as otherwise expressly provided in this 696

Florida Senate - 2022 SB 2508 576-02885-22 20222508__ Page 25 of 25 CODING: Words stricken are deletions; words underlined are additions. act and except for this section, which shall take effect upon 697 this act becoming a law, this act shall take effect July 1, 698 2022. 699