2015-29009 Reso RESOLUTION NO. 2015-29009
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CREATING A BEACHFRONT
MANAGEMENT PLAN AD-HOC ADVISORY GROUP IN
ACCORDANCE WITH SECTION 259.032(10) OF THE FLORIDA
STATUTES TO REVIEW AND PROVIDE INPUT ON THE CITY'S
UPDATED BEACHFRONT MANAGEMENT PLAN AND PRESCRIBING
THE DUTIES, APPOINTMENT, AND TERMS OF THE ADVISORY
GROUP'S MEMBERS.
WHEREAS, the City of Miami Beach leases the property eastward of the
erosion control line (ECL)from the State of Florida; and
WHEREAS, this lease agreement requires the City to submit an updated land
management plan every 10 years for the State's approval; and
WHEREAS, the City's land management plan, also known as the City's
Beachfront Management Plan, must outline the property's uses, management activities,
and planned projects; and
WHEREAS, in accordance with Section 259.032(10) of the Florida Statutes, the
City must create an advisory group of community stakeholders to review the updated
Beachfront Management Plan and to provide comments; and
WHEREAS, the advisory group shall include representatives of: the lead land
managing agency, the co-managing entities, local private property owners, the
appropriate soil and water conservation district, a local conservation organization, and a
local elected official; and
WHEREAS, the terms of the Beachfront Management Plan Ad-hoc Advisory
Group shall commence June 1, 2015 and expire on June 1, 2016; and
WHEREAS, at the April 15, 2015 City Commission meeting, the City
Commission appointed Commissioner Michael Grieco as the local elected official to the
ad-hoc advisory group; and
WHEREAS, the other members of the ad-hoc advisory group shall be as
follows: the City's Tourism, Cultural, and Economic Development Department Director,
or his designee, the City's Environment and Sustainability Division head, or her
designee, and the City's Ocean Rescue Division Chief, or his designee, as the
representatives of the lead managing agency; an appointee of the Miami-Dade
County's Beach Operations program and an appointee of the County's Beach
Renourishment program as the representatives of Miami-Dade County, a co-managing
agency; an appointee of the Florida Department of Environmental Protection's Coastal
Construction Control Line program as the representatives of the State, a co-managing
agency; Steve Vicenti, a member of the Sustainability Committee, Dan Kipnis,
Chairman of the Marine Authority and Waterfront Protection Committee, and an
appointee of the Boucher Brothers as the representatives of local private property
owners; an appointee of the South Dade Soil and Water Conservation District as the
representative of the appropriate soil and water conservation district; and, Greg
Guannel, Urban Conservation Director at The Nature Conservancy as the
representative of a local conservation organization.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Beachfront
Management Plan Ad-hoc Advisory Group, in accordance with Section 259.032(10) of
the Florida Statutes, is hereby created as set forth herein with members whose terms
shall commence on June 1, 2015 and expire on June 1, 2016, subject to earlier or later
sunset by the City Commission.
PASSED and ADOPTED this day of / 4' , 2015.
ATTEST:
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R A AEL E. GRANADO —+����` • .B i ���I P ...r OR
CITY CLERK 0\ 1-14.:•1,!1
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Creating An Advisory Group In Accordance With Chapter 259.032(10) Of The Florida
Statutes To Review And Provide Input On The City's Beachfront Management Plan And Commencing
Upon Execution Of A Resolution And Concluding Upon Final State Approval Of The Beachfront
Management Plan.
Key Intended Outcome Supported:
N/A
Supporting Data(Surveys,Environmental Scan,etc.): N/A
Item Summary/Recommendation:
The City of Miami Beach leases the property eastward of the erosion control line(ECL)from the State of
Florida.As part of this lease agreement, the City is required to submit a land management plan every 10
years for the State's approval. The City's land management plan, also known as the City's Beachfront
Management Plan, must outline the property's uses, management activities, and planned projects. As
such, the Plan details the City's concession operation rules and regulations, special event permit
requirements, dune management strategy, and other key beach management activities.
The City is in the process of preparing the latest update to the Plan. In accordance with Chapter
259.032(10) of the Florida Statutes, the City must create an advisory group of community stakeholders
representing specific organizations and entities to review the draft Plan and provide comments at a
minimum of one public meeting.
At the April 15,2015 Commission meeting,the City Commission appointed Commissioner Michael Grieco
as the local elected official and asked that he work with staff to select the other required members of the
advisory group. In addition to Commissioner Grieco, the recommended advisory group members are as
follows:
• Staff from the Tourism, Cultural and Economic Development Department, the Environment and
Sustainability Division,and Ocean Rescue to represent the City,the lead land managing agency;
• Staff from Miami-Dade County's Beach Operations and Beach Renourishment programs to
represent the County, a co-managing entity;
• Staff from the Florida Department of Environmental Protection's Coastal Construction Control Line
program to represent the State, a co-managing entity;
• Steve Vicenti, a member of the Waterfront Protection Committee, and a representative of the
Boucher Brothers to represent local private property owners;
• A representative of the South Dade Soil and Water Conservation District,the City's corresponding
soil and water conservation district; and,
• Greg Guannel, Urban Conservation Director at The Nature Conservancy to represent a local
conservation organization.
The Administration recommends the creation of advisory group and the appointment of the recommended
members in accordance with Chapter 259.032(10) of the Florida Statutes at the discretion of the City
Commission.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton ext. 6121
Sign-Offs:
Departme , P irector Assists-ld :La ager City M. ager
im 44F C 1111 t`1' M" .
T:\AGENDA\2015\May\Be. hf.nt Mgmt Plan Advisory Group-Summary.doc
AGENDA ITEM C 7r
MIAMIBEACHAG� S_
DATE 6 ��
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSI 01)N MEMORANDUM
TO: Mayor Philip Levine and Members o the City C• mission
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION CREATING AN ADVISORY GROUP IN
ACCORDANCE WITH CHA TER 259.032(10) OF THE
FLORIDA STATUTES TO REVIEW AND PROVIDE INPUT ON
THE CITY'S BEACHFRONT MANAGEMENT PLAN AND
COMMENCUING UPON EXECUTION OF A RESOLUTION AND
CONCLUDING UPON FINAL STATE APPROVAL OF THE
BEACHFRONT MANAGEMENT PLAN.
The City of Miami Beach leases the property eastward of the erosion control line (ECL)
from the State of Florida. As part of this lease agreement, the City is required to submit a
land management plan every 10 years for the State's approval. The City's land
management plan, also known as the City's Beachfront Management Plan, must outline
the property's uses, management activities, and planned projects. As such, the Plan
details the City's concession operation rules and regulations, special event permit
requirements, dune management strategy, and other key beach management activities.
The City is in the process of preparing the latest update to the Plan. In accordance with
Chapter 259.032(10) of the Florida Statutes, the City must create an advisory group of
community stakeholders to review the draft Plan and provide comments at a minimum of
one public meeting. Specifically, the advisory group shall include, at a minimurn,
representatives of:
• The lead land managing agency;
• Co-managing entities;
• Local private property owners;
• The appropriate soil and water conservation district;
• A local conservation organization; and,
• A local elected official.
At the April 15, 2015 Commission meeting, the City Commission appointed
Commissioner Michael Grieco as the local elected official and asked that he work with
staff to select the other required members of the advisory group. In addition to
Commissioner Grieco, the recommended advisory group members are as follows:
• Staff from the Tourism, Cultural and Economic Development Department, the
Environment and Sustainability Division, and Ocean Rescue to represent the
City, the lead land managing agency;
• Staff from Miami-Dade County's Beach Operations and Beach Renourishment
programs to represent the County, a co-managing entity;
1
Beachfront Mgmt Plan Advisory Group Memo
May 6, 2015
Page 2 of 2
• Staff from the Florida Department of Environmental Protection's Coastal
Construction Control Line program to represent the State, a co-managing entity;
• Steve Vicenti, a member of the Waterfront Protection Committee, and a
representative of the Boucher Brothers to represent local private property
owners;
• A representative of the South Dade Soil and Water Conservation District, the
City's corresponding soil and water conservation district; and,
• Greg Guannel, Urban Conservation Director at The Nature Conservancy, to
represent a local conservation organization.
CONCLUSION
The Administration recommends the creation of advisory group and the appointment of
the recommended members in accordance with Chapter 259.032(10) of the Florida
Statutes at the discretion of the City Commission.
Attachments:
A: Chapter 259.032(10) of the Florida Statutes
PESW/
JJ/MFMKW
Chapter 259 Section 032 - 2014 Florida Statutes Page 1 of 8
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2014 Florida Statutes
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Title XVIII PUBLIC LANDS AND PROPERTY
Chapter 259 LAND ACQUISITIONS FOR CONSERVATION OR
RECREATION
SECTION 032 Conservation and Recreation Lands Trust Fund;purpose.
259.032 Conservation and Recreation Lands Trust Fund; purpose.—
(1) It is the policy of the state that the citizens of this state shall be assured public ownership of natural
areas for purposes of maintaining this state's unique natural resources; protecting air, land, and water
quality; promoting water resource development to meet the needs of natural systems and citizens of this
state; promoting restoration activities on public lands; and providing lands for natural resource based
recreation. In recognition of this policy, it is the intent of the Legislature to provide such public lands for the
people residing in urban and metropolitan areas of the state, as well as those residing in less populated,
rural areas. It is the further intent of the Legislature, with regard to the lands described in paragraph (3)(c),
that a high priority be given to the acquisition, restoration, and management of such lands in or near
counties exhibiting the greatest concentration of population and, with regard to the lands described in
subsection (3), that a high priority be given to acquiring lands or rights or interests in lands that advance the
goals and objectives of the Fish and Wildlife Conservation Commission's approved species or habitat
recovery plans, or lands within any area designated as an area of critical state concern under s. 380.05
which, in the judgment of the advisory council established pursuant to s. 259.035, or its successor, cannot
be adequately protected by application of land development regulations adopted pursuant to s. 380.05.
Finally, it is the Legislature's intent that lands acquired through this program and any successor programs be
managed in such a way as to protect or restore their natural resource values, and provide the greatest
benefit, including public access, to the citizens of this state.
(2)(a) The Conservation and Recreation Lands Trust Fund is established within the Department of
Environmental Protection. The fund shall be used as a nonlapsing, revolving fund exclusively for the
purposes of this section. The fund shall be credited with proceeds from the following excise taxes:
1. The excise taxes on documents as provided in s. 201.15; and
2. The excise tax on the severance of phosphate rock as provided in s. 211.3103.
The Department of Revenue shall credit to the fund each month the proceeds from such taxes as provided
in this paragraph.
(b) There shall annually be transferred from the Conservation and Recreation Lands Trust Fund to the
Land Acquisition Trust Fund that amount, not to exceed $20 million annually, as shall be necessary to pay
the debt service on, or fund debt service reserve funds, rebate obligations, or other amounts with respect to
bonds issued pursuant to s. 375.051 to acquire lands on the established priority list developed pursuant to
ss. 259.101(4) and 259.105; however, no moneys transferred to the Land Acquisition Trust Fund pursuant to
this paragraph, or earnings thereon, shall be used or made available to pay debt service on the Save Our
Coast revenue bonds. Amounts transferred annually from the Conservation and Recreation Lands Trust
Fund to the Land Acquisition Trust Fund pursuant to this paragraph shall have the highest priority over other
payments or transfers from the Conservation and Recreation Lands Trust Fund, and no other payments or
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Chapter 259 Section 032 - 2014 Florida Statutes Page 2 of 8
transfers shall be made from the Conservation and Recreation Lands Trust Fund until such transfers to the
Land Acquisition Trust Fund have been made. Moneys in the Conservation and Recreation Lands Trust
Fund also shall be used to manage lands and to pay for related costs, activities, and functions pursuant to
the provisions of this section.
(3) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund,
may allocate moneys from the fund in any one year to acquire the fee or any lesser interest in lands for the
following public purposes:
(a) To conserve and protect environmentally unique and irreplaceable lands that contain native,
relatively unaltered flora and fauna representing a natural area unique to, or scarce within, a region of this
state or a larger geographic area;
(b) To conserve and protect lands within designated areas of critical state concern, if the proposed
acquisition relates to the natural resource protection purposes of the designation;
(c) To conserve and protect native species habitat or endangered or threatened species, emphasizing
long-term protection for endangered or threatened species designated G-1 or G-2 by the Florida Natural
Areas Inventory, and especially those areas that are special locations for breeding and reproduction;
(d) To conserve, protect, manage, or restore important ecosystems, landscapes, and forests, if the
protection and conservation of such lands is necessary to enhance or protect significant surface water,
groundwater, coastal, recreational, timber, or fish or wildlife resources which cannot otherwise be
accomplished through local and state regulatory programs;
(e) To promote water resource development that benefits natural systems and citizens of the state;
(f) To facilitate the restoration and subsequent health and vitality of the Florida Everglades;
(g) To provide areas, including recreational trails, for natural resource based recreation and other
outdoor recreation on any part of any site compatible with conservation purposes;
(h) To preserve significant archaeological or historic sites;
(i) To conserve urban open spaces suitable for greenways or outdoor recreation which are compatible
with conservation purposes; or
(j) To preserve agricultural lands under threat of conversion to development through less-than-fee
acquisitions.
(4) Lands acquired under this-section shall be for use as state-designated parks, recreation areas,
preserves, reserves, historic or archaeological sites, geologic or botanical sites, recreational trails, forests,
wilderness areas, wildlife management areas, urban open space, or other state-designated recreation or
conservation lands; or they shall qualify for such state designation and use if they are to be managed by
other governmental agencies or nonstate entities as provided for in this section.
(5) The board of trustees may allocate, in any year, an amount not to exceed 5 percent of the money
credited to the fund in that year, such allocation to be used for the initiation and maintenance of a natural
areas inventory to aid in the identification of areas to be acquired pursuant to this section.
(6) Moneys in the fund not needed to meet obligations incurred under this section shall be deposited
with the Chief Financial Officer to the credit of the fund and may be invested in the manner provided by law.
Interest received on such investments shall be credited to the Conservation and Recreation Lands Trust
Fund.
(7) The board of trustees may enter into any contract necessary to accomplish the purposes of this
section. The lead land managing agencies designated by the board of trustees also are directed by the
Legislature to enter into contracts or interagency agreements with other governmental entities, including
local soil and water conservation districts, or private land managers who have the expertise to perform
specific management activities which a lead agency lacks, or which would cost more to provide in-house.
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Chapter 259 Section 032 - 2014 Florida Statutes Page 3 of 8
Such activities shall include, but not be limited to, controlled burning, road and ditch maintenance, mowing,
and wildlife assessments.
(8) Lands to be considered for purchase under this section are subject to the selection procedures of s.
259.035 and related rules and shall be acquired in accordance with acquisition procedures for state lands
provided for in s. 259.041, except as otherwise provided by the Legislature. An inholding or an addition to a
project selected for purchase pursuant to this chapter is not subject to the selection procedures of s.
259.035 if the estimated value of such inholding or addition does not exceed $500,000. When at least 90
percent of the acreage of a project has been purchased pursuant to this chapter, the project may be
removed from the list and the remaining acreage may continue to be purchased. Moneys from the fund may
be used for title work, appraisal fees, environmental audits, and survey costs related to acquisition expenses
for lands to be acquired, donated, or exchanged which qualify under the categories of this section, at the
discretion of the board. When the Legislature has authorized the Department of Environmental Protection to
condemn a specific parcel of land and such parcel has already been approved for acquisition under this
section, the land may be acquired in accordance with the provisions of chapter 73 or chapter 74, and the
fund may be used to pay the condemnation award and all costs, including a reasonable attorney's fee,
associated with condemnation.
(9) All lands managed under this chapter and s. 253.034 shall be:
(a) Managed in a manner that will provide the greatest combination of benefits to the public and to the
resources.
(b) Managed for public outdoor recreation which is compatible with the conservation and protection of
public lands. Such management may include, but not be limited to, the following public recreational uses:
fishing, hunting, camping, bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding,
diving, model hobbyist activities, birding, sailing,jogging, and other related outdoor activities compatible with
the purposes for which the lands were acquired.
(c)- Managed for the purposes for which the lands were acquired, consistent with paragraph (11)(a).
(d) Concurrent with its adoption of the annual Conservation and Recreation Lands list of acquisition
projects pursuant to s. 259.035, the board of trustees shall adopt a management prospectus for each
project. The management prospectus shall delineate:
1. The management goals for the property;
2. The conditions that will affect the intensity of management;
3. An estimate of the revenue-generating potential of the property, if appropriate;
4. A timetable for implementing the various stages of management and for providing access to the
public, if applicable;
5. A description of potential multiple-use activities as described in this section and s. 253.034;
p P p 253.034;
6. Provisions for protecting existing infrastructure and for ensuring the security of the project upon
acquisition;
7. The anticipated costs of management and projected sources of revenue, including legislative
appropriations, to fund management needs; and
8. Recommendations as to how many employees will be needed to manage the property, and
recommendations as to whether local governments, volunteer groups, the former landowner, or other
interested parties can be involved in the management.
(e) Concurrent with the approval of the acquisition contract pursuant to s. 259.041(3)(c)for any interest
in lands except those lands being acquired under the provisions of s. 259.1052, the board of trustees shall
designate an agency or agencies to manage such lands. The board shall evaluate and amend, as
appropriate, the management policy statement for the project as provided by s. 259.035, consistent with the
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Chapter 259 Section 032 - 2014 Florida Statutes Page 4 of 8
purposes for which the lands are acquired. For any fee simple acquisition of a parcel which is or will be
leased back for agricultural purposes, or any acquisition of a less-than-fee interest in land that is or will be
used for agricultural purposes, the Board of Trustees of the Internal Improvement Trust Fund shall first
consider having a soil and water conservation district, created pursuant to chapter 582, manage and monitor
such interests.
(f) State agencies designated to manage lands acquired under this chapter except those lands acquired
under s. 259.1052 may contract with local governments and soil and water conservation districts to assist in
management activities, including the responsibility of being the lead land manager. Such land management
contracts may include a provision for the transfer of management funding to the local government or soil and
water conservation district from the Conservation and Recreation Lands Trust Fund in an amount adequate
for the local government or soil and water conservation district to perform its contractual land management
responsibilities and proportionate to its responsibilities, and which otherwise would have been expended by
the state agency to manage the property.
(g) Immediately following the acquisition of any interest in lands under this chapter, the Department of
Environmental Protection, acting on behalf of the board of trustees, may issue to the lead managing entity
an interim assignment letter to be effective until the execution of a formal lease.
(10)(a) State, regional, or local governmental agencies or private entities designated to manage lands
under this section shall develop and adopt, with the approval of the board of trustees, an individual
management plan for each project designed to conserve and protect such lands and their associated natural
resources. Private sector involvement in management plan development may be used to expedite the
planning process.
(b) Individual management plans required by s. 253.034(5), for parcels over 160 acres, shall be
developed with input from an advisory group. Members of this advisory group shall include, at a minimum,
representatives of the lead land managing agency, comanaging entities, local private property owners, the
appropriate soil and water conservation district, a local conservation organization, and a local elected
official. The advisory group shall conduct at least one public hearing within the county in which the parcel or
project is located. For those parcels or projects that are within more than one county, at least one areawide
public hearing shall be acceptable and the lead managing agency shall invite a local elected official from
each county. The areawide public hearing shall be held in the county in which the core parcels are located.
Notice of such public hearing shall be posted on the parcel or project designated for management,
advertised in a paper of general circulation, and announced at a scheduled meeting of the local governing
body before the actual public hearing. The management prospectus required pursuant to paragraph (9)(d)
shall be available to the public for a period of 30 days prior to the public hearing.
(c) Once a plan is adopted, the managing agency or entity shall update the plan at least every 10 years
in a form and manner prescribed by rule of the board of trustees. Such updates, for parcels over 160 acres,
shall be developed with input from an advisory group. Such plans may include transfers of leasehold
interests to appropriate conservation organizations or governmental entities designated by the Land
Acquisition and Management Advisory Council or its successor, for uses consistent with the purposes of the
organizations and the protection, preservation, conservation, restoration, and proper management of the
lands and their resources. Volunteer management assistance is encouraged, including, but not limited to,
assistance by youths participating in programs sponsored by state or local agencies, by volunteers
sponsored by environmental or civic organizations, and by individuals participating in programs for
committed delinquents and adults.
(d)1. For each project for which lands are acquired after July 1, 1995, an individual management plan
shall be adopted and in place no later than 1 year after the essential parcel or parcels identified in the
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Chapter 259 Section 032 - 2014 Florida Statutes Page 5 of 8
priority list developed pursuant to ss. 259.101(4) and 259.105 have been acquired. The Department of
Environmental Protection shall distribute only 75 percent of the acquisition funds to which a budget entity or
water management district would otherwise be entitled from the Preservation 2000 Trust Fund to any budget
entity or any water management district that has more than one-third of its management plans overdue.
2. The requirements of subparagraph 1. do not apply to the individual management plan for the Babcock
Crescent B Ranch being acquired pursuant to s. 259.1052. The management plan for the ranch shall be
adopted and in place no later than 2 years following the date of acquisition by the state.
(e) Individual management plans shall conform to the appropriate policies and guidelines of the state
land management plan and shall include, but not be limited to:
1. A statement of the purpose for which the lands were acquired, the projected use or uses as defined in
s. 253.034, and the statutory authority for such use or uses.
2. Key management activities necessary to achieve the desired outcomes, including, but not limited to,
providing public access, preserving and protecting natural resources, protecting cultural and historical
resources, restoring habitat, protecting threatened and endangered species, controlling the spread of
nonnative plants and animals, performing prescribed fire activities, and other appropriate resource
management.
3. A specific description of how the managing agency plans to identify, locate, protect, and preserve, or
otherwise use fragile, nonrenewable natural and cultural resources.
4. A priority schedule for conducting management activities, based on the purposes for which the lands
were acquired.
5. A cost estimate for conducting priority management activities, to include recommendations for cost-
effective methods of accomplishing those activities.
6. A cost estimate for conducting other management activities which would enhance the natural
resource value or public recreation value for which the lands were acquired. The cost estimate shall include
recommendations for cost-effective methods of accomplishing those activities.
7. A determination of the public uses and public access that would be consistent with the purposes for
which the lands were acquired.
(f) The Division of State Lands shall submit a copy of each individual management plan for parcels
which exceed 160 acres in size to each member of the Acquisition and Restoration Council, which shall:
1. Within 60 days after receiving a plan from the division, review each plan for compliance with the
requirements of this subsection and with the requirements of the rules established by the board pursuant to
this subsection.
2. Consider the propriety of the recommendations of the managing agency with regard to the future use
or protection of the property.
3. After its review, submit the plan, along with its recommendations and comments, to the board of
trustees, with recommendations as to whether to approve the plan as submitted, approve the plan with
modifications, or reject the plan.
(g) The board of trustees shall consider the individual management plan submitted by each state agency
and the recommendations of the Acquisition and Restoration Council and the Division of State Lands and
shall approve the plan with or without modification or reject such plan. The use or possession of any lands
owned by the board of trustees which is not in accordance with an approved individual management plan is
subject to termination by the board of trustees.
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Chapter 259 Section 032 - 2014 Florida Statutes Page 6 of 8
By July 1 of each year, each governmental agency and each private entity designated to manage lands shall
report to the Secretary of Environmental Protection on the progress of funding, staffing, and resource
management of every project for which the agency or entity is responsible.
(11)(a) The Legislature recognizes that acquiring lands pursuant to this chapter serves the public
interest by protecting land, air, and water resources which contribute to the public health and welfare,
providing areas for natural resource based recreation, and ensuring the survival of unique and irreplaceable
plant and animal species. The Legislature intends for these lands to be managed and maintained for the
purposes for which they were acquired and for the public to have access to and use of these lands where it
is consistent with acquisition purposes and would not harm the resources the state is seeking to protect on
the public's behalf.
(b) An amount of not less than 1.5 percent of the cumulative total of funds ever deposited into the
Florida Preservation 2000 Trust Fund and the Florida Forever Trust Fund shall be made available for the
purposes of management, maintenance, and capital improvements not eligible for funding pursuant to s. 11
(e),Art. VII of the State Constitution, and for associated contractual services, for lands acquired pursuant to
this section, s. 259.101, s. 259.105, s. 259.1052, or previous programs for the acquisition of lands for
conservation and recreation, including state forests, to which title is vested in the board of trustees and other
conservation and recreation lands managed by a state agency. Of this amount, $250,000 shall be
transferred annually to the Plant Industry Trust Fund within the Department of Agriculture and Consumer
Services for the purpose of implementing the Endangered or Threatened Native Flora Conservation Grants
Program pursuant to s. 581.185(11). Each agency with management responsibilities shall annually request
from the Legislature funds sufficient to fulfill such responsibilities to implement individual management plans.
For the purposes of this paragraph, capital improvements shall include, but need not be limited to, perimeter
fencing, signs, firelanes, access roads and trails, and minimal public accommodations, such as primitive
campsites, garbage receptacles, and toilets. Any equipment purchased with funds provided pursuant to this
paragraph may be used for the purposes described in this paragraph on any conservation and recreation
lands managed by a state agency. The funding requirement created in this paragraph is subject to an annual
evaluation by the Legislature in order to ensure that such requirement does not impact the respective trust
fund in a manner that would prevent the trust fund from meeting other minimum requirements.
(c) All revenues generated through multiple-use management or compatible secondary-use
management shall be returned to the lead agency responsible for such management and shall be used to
pay for management activities on all conservation, preservation, and recreation lands under the agency's
jurisdiction. In addition, such revenues shall be segregated in an agency trust fund and shall remain
available to the agency in subsequent fiscal years to support land management appropriations. For the
purposes of this paragraph, compatible secondary-use management shall be those activities described in
subsection (9) undertaken on parcels designated as single use pursuant to s. 253.034(2)(b).
(d) Up to one-fifth of the funds provided for in paragraph (b) shall be reserved by the board of trustees
for interim management of acquisitions and for associated contractual services, to ensure the conservation
and protection of natural resources on project sites and to allow limited public recreational use of lands.
Interim management activities may include, but not be limited to, resource assessments, control of invasive,
nonnative species, habitat restoration, fencing, law enforcement, controlled burning, and public access
consistent with preliminary determinations made pursuant to paragraph (9)(g). The board of trustees shall
make these interim funds available immediately upon purchase.
(e) The department shall set long-range and annual goals for the control and removal of nonnative,
invasive plant species on public lands. Such goals shall differentiate between aquatic plant species and
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Chapter 259 Section 032 - 2014 Florida Statutes Page 7 of 8
upland plant species. In setting such goals, the department may rank, in order of adverse impact, species
that impede or destroy the functioning of natural systems. Notwithstanding paragraph (a), up to one-fourth of
the funds provided for in paragraph (b) may be used by the agencies receiving those funds for control and
removal of nonnative, invasive species on public lands.
'-(f) For the 2014-2015 fiscal year only, moneys in the Conservation and Recreation Lands Trust Fund
may be transferred to the Florida Forever Trust Fund for the Florida Forever program and to the Save Our
Everglades Trust Fund to support Everglades restoration projects included in the final report of the Select
Committee on Indian River Lagoon and Lake Okeechobee Basin, dated November 8, 2013, pursuant to
nonoperating budget authority under s. 216.181(12). This subsection expires July 1, 2015.
(12)(a) Beginning July 1, 1999, the Legislature shall make available sufficient funds annually from the
Conservation and Recreation Lands Trust Fund to the department for payment in lieu of taxes to qualifying
counties and local governments as defined in paragraph (b)for all actual tax losses incurred as a result of
board of trustees acquisitions for state agencies under the Florida Forever program or the Florida
Preservation 2000 program during any year. Reserved funds not used for payments in lieu of taxes in any
year shall revert to the fund to be used for land management in accordance with the provisions of this
section.
(b) Payment in lieu of taxes shall be available:
1. To all counties that have a population of 150,000 or fewer. Population levels shall be determined
pursuant to s. 11.031.
2. To all local governments located in eligible counties.
3. To Glades County, where a privately owned and operated prison leased to the state has recently
been opened and where privately owned and operated juvenile justice facilities leased to the state have
recently been constructed and opened, a payment in lieu of taxes, in an amount that offsets the loss of
property tax revenue, which funds have already been appropriated and allocated from the Department of
Correction's budget for the purpose of reimbursing amounts equal to lost ad valorem taxes.
(c) If insufficient funds are available in any year to make full payments to all qualifying counties and local
( ) Y Y P Y q fY 9
governments, such counties and local governments shall receive a pro rata share of the moneys available.
(d) The payment amount shall be based on the average amount of actual taxes paid on the property for
the 3 years preceding acquisition. Applications for payment in lieu of taxes shall be made no later than
January 31 of the year following acquisition. No payment in lieu of taxes shall be made for properties which
were exempt from ad valorem taxation for the year immediately preceding acquisition.
(e) If property which was subject to ad valorem taxation was acquired by a tax-exempt entity for ultimate
conveyance to the state under this chapter, payment in lieu of taxes shall be made for such property based
upon the average amount of taxes paid on the property for the 3 years prior to its being removed from the
tax rolls. The department shall certify to the Department of Revenue those properties that may be eligible
under this provision. Once eligibility has been established, that county or local government shall receive
annual payments for each tax loss until the qualifying county or local government exceeds the population
threshold pursuant to this section.
(f) Payment in lieu of taxes pursuant to this subsection shall be made annually to qualifying counties and
local governments after certification by the Department of Revenue that the amounts applied for are
reasonably appropriate, based on the amount of actual taxes paid on the eligible property. With the
assistance of the local government requesting payment in lieu of taxes, the state agency that acquired the
land is responsible for preparing and submitting application requests for payment to the Department of
Revenue for certification.
http://m.flsenate.gov/Statutes/259.032 4/29/2015
Chapter 259 Section 032 - 2014 Florida Statutes Page 8 of 8
(g) If the board of trustees conveys to a local government title to any land owned by the board, any
payments in lieu of taxes on the land made to the local government shall be discontinued as of the date of
the conveyance.
For the purposes of this subsection, "local government" includes municipalities, the county school board,
mosquito control districts, and any other local government entity which levies ad valorem taxes, with the
exception of a water management district.
(13) Moneys credited to the fund each year which are not used for management, maintenance, or capital
improvements pursuant to subsection (11); for payment in lieu of taxes pursuant to subsection (12); or for
the purposes of subsection (5), shall be available for the acquisition of land pursuant to this section.
(14) The board of trustees may adopt rules to further define the categories of land for acquisition under
this chapter.
(15) Within 90 days after receiving a certified letter from the owner of a property on the Conservation
and Recreation Lands list or the priority list established pursuant to s. 259.105 objecting to the property
being included in an acquisition project, where such property is a project or part of a project which has not
been listed for purchase in the current year's land acquisition work plan, the board of trustees shall delete
the property from the list or from the boundary of an acquisition project on the list.
History.-s.8,ch.79-255;s. 16,ch.80-356;s.5,ch.81-35;s. 1,ch.81-210;s. 165,ch.81-259;s. 1,ch.82-152;s.2,ch.83-
80;s. 1,ch.83-114;s. 10,ch.84-330;s. 13,ch.86-178;s.6,ch.86-294;s. 1,ch.87-96;s. 1,ch.88-387;s. 13,ch.89-116;s. 1,
ch.89-276;s. 2,ch.90-1;s.8,ch.90-217;s. 1,ch.91-62;s.5,ch.91-420;s.2,ch.92-288;s.45,ch.93-206;s.4,ch.94-197;s.
1,ch.94-212;s. 1,ch.94-240;s.65,ch.94-356;s.5,ch.95-349;ss. 19,20,ch.95-430;s. 3,ch.96-389;s. 19,ch.96-420;s.23,
ch.97-94;ss.27,29,ch. 97-153;s.6,ch.97-164;ss.26,38,ch.98-46;s. 10,ch.99-4;s. 34,ch.99-13;ss.28,33,53,ch.99-
228;s. 13,ch.99-247;s.20,ch.99-292;s.7,ch.2000-170;s.61,ch.2000-171;s.45,ch.2001-61;s.7,ch.2002-2;s.28,ch.
2002-402;s. 15,ch.2003-6;s.280,ch.2003-261;s.6,ch.2003-394;s. 18,ch.2004-5;ss.42,75,ch.2004-269;s.41,ch.2005-
71;ss.31,42,ch.2006-26;s.4,ch.2006-231;s.5,ch.2008-5;s.9,ch.2008-229;s.21,ch.2009-21;s.36,ch.2013-15;s.37,
ch.2014-53.
Note.-Section 37,ch.2014-53,added paragraph(f)to subsection(11)"[i]n order to implement Specific Appropriations 1583
and 1627A and sections 53 and 54 of the 2014-2015 General Appropriations Act."
Note.-Former s.253.023.
http://m.flsenate.gov/Statutes/259.032 4/29/2015