HomeMy WebLinkAboutResolution 2025-339772025-33977
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING, IN
ACCORDANCE WITH SECTION 259.032(8) OF THE FLORIDA
STATUTES, THE BEACHFRONT MANAGEMENT PLAN AD -HOC
ADVISORY GROUP FOR ONE YEAR TO REVIEW AND PROVIDE
INPUT ON THE CITY'S UPDATED BEACHFRONT MANAGEMENT
PLAN PRIOR TO TRANSMITTAL TO THE STATE, AND PRESCRIBING
THE DUTIES, APPOINTMENT, AND TERMS OF THE ADVISORY
GROUP'S MEMBERS.
WHEREAS, the City of Miami Beach (the "City") leases the property seaward of the
erosion control line ("ECL") from the Board of Trustees of the Internal Improvement Fund of the
State of Florida (the "State"); and
WHEREAS, this lease agreement requires the City to submit an updated Beachfront
Management Plan ("BMP") outlining the uses, management activities, and projects planned for
the leased property every 10 years for the State's approval; and
WHEREAS, an updated BMP is scheduled to be submitted to the State for review in 2026;
and
WHEREAS, in accordance with Section 259.032 of the Florida Statutes, the City must
establish the "Beachfront Management Plan Ad -hoc Advisory Group" (the "Group') to review the
updated BMP and to provide comments on the proposed BMP; and
WHEREAS, the Group shall include 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; and
WHEREAS, the Administration has recommended that the following persons be
appointed to the Group:
(1) Commissioner Alex Fernandez, as a local elected official of the City of Miami Beach;
(2) Lead managing agency's designees:
a. Jason Casanova, Chief, Ocean Rescue Division, City of Miami Beach Fire
Department;
b. Amy Knowles, Chief Resilience Officer, Environment and Sustainability Department,
City of Miami Beach;
c. Lissette Garcia-Arrogante, Director, Tourism and Culture Department, City of Miami
Beach;
d. Elizabeth Miro, Interim Director, Facilities and Fleet Management, City of Miami
Beach;
(3) Co -managing entities' designees:
a. Christopher Bumpus, Chief of Conservation of the Miami -Dade County Department of
Parks, Recreation and Open Spaces, or designee;
b. Rashid Istambouli, Assistant Director of the Miami -Dade County Department of
Environmental Resources Management, or designee;
(4) Susan Askew, a local private property owner;
(5) Janet Bowman, representative of The Nature Conservancy, or designee;
(6) Designee of the South Dade Soil and Water Conservation District;
(7) Designee of the Florida Fish and Wildlife Conservation Commission;
(8) Designee of the Florida Department of Agriculture and Consumer Services; and
WHEREAS, the Group shall be established for one (1) year commencing on January 1,
2026 and expiring on January 1, 2027 (subject to earlier or later sunset by the City Commission),
to review the updated BMP prior to transmittal to the State.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby establish the "Beachfront Management Plan Ad -hoc Advisory Group" (the
"Group"), in accordance with Section 259.032, Florida Statutes, as set forth herein; accept the
recommendation of the City Administration to appoint to the Group the persons named herein;
and charge the Group with the powers, duties, and purpose more particularty described in "Exhibit
1" attached and incorporated hereto.
SECTION 1. The Group shall be established for one (1) year commencing on January 1, 2026
and expiring on January 1, 2027 (subject to earlier or later sunset by the City Commission), to
review the updated BMP prior to transmittal to the State.
SECTION 2. The Mayorand City Commission hereby appoint the following persons to the Group
(1) Commissioner Alex Fernandez, as a local elected official of the City of Miami Beach;
(2) Lead managing agency's designees:
a. Jason Casanova, Chief, Ocean Rescue Division, City of Miami Beach Fire Department;
b. Amy Knowles, Chief Resilience Officer, Environment and Sustainability Department, City
of Miami Beach;
c. Lissette Garcla-Arrogante, Director, Tourism and Culture Department, City of Miami
Beach;
d. Elizabeth Miro, Interim Director, Facilities and Fleet Management, City of Miami Beach;
(3) Co -managing entities' designees:
a. Christopher Bumpus, Chief of Conservation of the Miami -Dade County Department of
Parks, Recreation and Open Spaces, or designee;
b. Rashid Istambouli, Assistant Director of the Miami -Dade County Department of
Environmental Resources Management, or designee;
(4) Susan Askew, a local private property owner;
(5) Janet Bowman, representative of The Nature Conservancy, or designee;
(6) Designee of the South Dade Soil and Water Conservation District;
(7) Designee of the Florida Fish and Wildlife Conservation Commission;
(8) Designee of the Florida Department of Agriculture and Consumer Services.
PASSED AND ADOPTED this 17 day of beunt%C ✓ , 2025.
ATTEST:7�4 r/j!p��ilC.v-a^-
Steven Meiner, Mayor
fael E. Granado, City Clerk DEC 2 2 2025
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS To
FORM & LANGUAGE
& FOR EXECUTION
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12IOJS
G4'ApomeY DeU
Exhibit 1
Ad -hoc Beachfront Management Advisory Group Powers. Duties and Composition
A. Purpose.
1. The purpose of the Ad -hoc Beachfront Management Advisory Group (the "Group") is to
review and provide input on the City of Miami Beach's updated Beachfront Management
Plan in accordance with Chapter 259.032 of the Florida Statutes.
2. The Group shall review the draft Beachfront Management Plan and provide comments at
a minimum of one public meeting.
3. The Group shall ensure that the Plan outlines the property's uses, management activities,
and planned projects, including concession operation rules and regulations, special event
permit requirements, dune management strategy, and other key beach management
activities.
4. The Group will meet one time to make recommendations. The Group shall be established
for one (1) year commencing on January 1, 2026 and expiring on January 1, 2027 (subject
to earlier or later sunset by the City Commission).
5. The Group shall conduct at least one public hearing within the City of Miami Beach to
review the draft Plan.
B. Membership Composition. The Group shall be composed of representatives of the following
entities, as required by Chapter 259.032(10) of the Florida Statutes:
1. Commissioner Alex Fernandez, as a local elected official of the City of Miami Beach;
2. Lead managing agency's designees:
a. Jason Casanova, Chief, Ocean Rescue Division, City of Miami Beach Fire
Department;
b. Amy Knowles, Chief Resilience Officer, Environment and Sustainability
Department, City of Miami Beach;
c. Lissette Garcia-Arrogante, Director, Tourism and Culture Department, City of
Miami Beach;
d. Elizabeth Miro, Interim Director, Facilities and Fleet Management, City of Miami
Beach;
3. Co -managing entities' designees:
a. Christopher Bumpus, Chief of Conservation of the Miami -Dade County
Department of Parks, Recreation and Open Spaces, or designee;
b. Rashid Istambouli, Assistant Director of the Miami -Dade County Department of
Environmental Resources Management, or designee;
4. Susan Askew, a local private property owner;
5. Janet Bowman, representative of The Nature Conservancy, or designee;
6. Designee of the South Dade Soil and Water Conservation District;
7. Designee of the Florida Fish and Wildlife Conservation Commission;
8. Designee of the Florida Department of Agriculture and Consumer Services.
C. Administrative Liaisons. The support department for the Group shall be the Environment
and Sustainability Department. The City Attorney's Office shall provide counsel to the Group.
Resolutions - C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17.2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA. ESTABLISHING, IN ACCORDANCE WITH SECTION
259.032(8) OF THE FLORIDA STATUTES, THE BEACHFRONT MANAGEMENT
PLAN AD -HOC ADVISORY GROUP FOR ONE YEAR TO REVIEW AND PROVIDE
INPUT ON THE CITY'S UPDATED BEACHFRONT MANAGEMENT PLAN PRIOR
TO TRANSMITTAL TO THE STATE, AND PRESCRIBING THE DUTIES,
APPOINTMENT. AND TERMS OF THE ADVISORY GROUP'S MEMBERS.
The Administration recommends the creation of an advisory group and the appointment of its
members in accordance with Chapter 259.032 (Attachment A) of the Florida Statutes.
BACKGROUND/HISTORY
At the May 6, 2015 City Commission meeting, Resolution No. 2015-29009 was adopted, which
approved and authorized the creation of a Beachfront Management Plan Ad Hoc Advisory Group,
in accordance with Chapter 259.032 of the Florida Statutes, to review and provide input on the
City's updated Beachfront Management Plan.
At the February 10, 2016 City Commission meeting, Resolution No. 2016-29296 was adopted,
which approved and authorized the Administration to submit the draft 2016 Beachfront
Management Plan, excluding Exhibit'D' entitled'Concession Operations Rules and Regulations,'
which was under review by the Neighborhood/Community Affairs Committee, to the State of
Florida Department of Environmental Protection, Division of State Lands."
(https:/Aw.miamibeachfl.gov/wp-content/uploads/2017/08/Final-Beachfront-Management-
Plan-August-2016. pdf)
ANALYSIS
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 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 administration is in the process of preparing the latest update to the plan. In accordance with
Chapter 259.032 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.
Florida Statute requires specific representation of organizations which is included below. The
proposed advisory group includes, at a minimum, representatives of:
• A local elected official:
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o Commissioner Alex Fernandez
• The lead land managing agency designees:
o Jason Casanova, Amy Knowles, Lissette Garcia-Arrogante, Elizabeth Miro, City
of Miami Beach.
• Co -managing entities designees:
o Rashid Istambouli, or Designee, Miami -Dade County Parks, Recreation, and
Open Spaces Department.
o Chris Bumpus, or Designee, Miami -Dade County Department of Environmental
Resources Management.
• LoCal private property owner: Susan Askew
• The appropriate soil and water conservation district: Designee
• A local conservation organization: Designee, The Nature Conservancy
• Florida Fish and Wildlife Conservation Commission: Designee
• Florida Department of Agriculture and Consumer Services: Designee
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerklmeeting-notices/
N/A
CONCLUSION
The City of Miami Beach is updating its Beachfront Management Plan as required by its lease
with the State. To meet state requirements, the city must form an advisory group of community
stakeholders to review the draft plan and provide feedback at a public meeting.
Applicable Area
Citywide
Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No
a`O
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
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Environment and Sustalnability
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
Create/Appoint Members to Beachfront Management Plan Advisory Group. (Fernandez) EN
Previous Action (For City Clerk Use Only)
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Select Year: 2025 v
The 2025 Florida Statutes
n 4
Title XVjII LhApter 259 View Entire
PUBLIC LANDS AND LAND ACQUISITIONS FOR CONSERVATION OR Ch3RC€
PROPERTY RECREATION
259.032 Conservation and recreatlon lands.—
(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 (2)(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 (2), 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 for conservation and recreation purposes 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) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund,. may
expend moneys appropriated by the Legislature to acquire the fee or any lesser interest in lands for any of 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, orTestore 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;
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(i) To conserve urban open spaces suitable for greenways or outdoor recreation which are compatible with
conservation purposes;
(j) To preserve agricultural lands under threat of conversion to development through less -than -fee acquisitions;
or
(k) To complete critical linkages through fee or less -than -fee acquisitions that will help preserve and protect
the green and blue infrastructure and vital habitat for wide-ranging wildlife, such as the Florida panther, within the
Florida wildlife corridor as defined in s. 259,1455(4).
(3) Lands acquired for conservation and recreation purposes 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.
(4) The board of trustees may expend funds appropriated by the Legislature for the initiation and maintenance
of a natural areas inventory to aid in the identification of areas to be acquired for conservation and recreation
purposes.
(5) 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. Such activities shall include, but not be limited to,
controlled burning, road and ditch maintenance, mowing, and wildlife assessments.
(6) Conservation and recreation lands 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. 253,025, except
as otherwise provided by the Legislature. An inholding or an addition to conservation and recreation lands 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 for conservation and
recreation purposes, the project may be removed from the list and the remaining acreage may continue to be
_purchased. Funds appropriated to acquire conservation and recreation lands 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 to condemn a specific parcel of land and such parcel has already been approved for
acquisition, the land may be acquired in accordance with chapter 73 or chapter 74, and the funds appropriated to
acquire conservation and recreation lands may be used to pay the condemnation award and all costs, including
reasonable attorney fees, associated with condemnation.
(7)(a) All lands managed under this chapter and s. 253.034 must be:
1. Managed in a manner that will provide the greatest combination of benefits to the public and to the
resources.
2. 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.
(b) Concurrent with its adoption of the annual list of acquisition projects pursuant to s. 252435, the board
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;
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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.
(c) Concurrent with the approval of the acquisition contract pursuant to s. 253.02 (4) for any interest in lands
except those lands acquired pursuant to s. 259,1052, the board 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 to ensure that the policy statement is compatible with conservation, recreation, or both.
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 shall first
consider having a soil and water conservation district, created pursuant to chapter 582, manage and monitor such
interests.
(d) State agencies designated to manage lands acquired under this chapter or with funds deposited into the
Land Acquisition Trust Fund, except those lands acquired under s. 259-1052, may contract with local governments,
water control districts designated pursuant to chapter 298, and soil and water conservation districts to assist In
management activities, including the responsibility of being the lead land manager. Such land management
contracts must include a provision for the transfer of management funding to the local government, water control
district, or soil and water conservation district of the lead land managing agency in an amount adequate for the
local government, water control district, or soil and water conservation district to perform its land management
responsibilities or which otherwise would have been expended by the state agency to manage the property.
(e) Immediately following the acquisition of any interest in conservation and recreation lands, the department,
acting on behalf of the board, may issue to the lead managing entity an interim assignment letter to be effective
until the execution of a formal lease.
(8)(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, an individual management plan for each project
designed to conserve andpro4ect 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 and for parcels located
within a state park must be developed with input from an advisory group.
1. Members of the 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. If habitat or potentially restorable habitat for
imperiled species is located on state lands, the Fish and Wildlife Conservation Commission and the Department of
Agriculture and Consumer Services must be included on any advisory group required under chapter 253, and the
short-term and long-term management goals required under chapter 253 must advance the goals and objectives of
imperiled species management without restricting other uses identified in the management plan.
2. 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 within more than one county, at leastone areawidepublic hearing is
acceptable and the lead managing agency shall invite a local elected official from each county. The areawide public
hearing must be held in the county in which the core parcels are located. At least 30 days before the public
hearing, notice of the hearing must 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.
3. The management prospectus required pursuant to paragraph (7)(b) must be available to the public for a
period of 30 days before 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 adopted by rule of the board. Such updates for parcels over 160 acres and for parcels located
within a state park must be developed with input from an advisory group. Such plans may include transfers of
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leasehold interests to appropriate conservation organizations or governmental entities designated by the council 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) For each project for which lands are acquired after July 1, 1995, an individual management plan shalt be
adopted and in place no later than 1 year after the essential parcel or parcels identified in the priority list
developed pursuant to s. 259,105 have been acquired. The department shall distribute only 75 percent of the
acquisition funds to which a budget entity or water management district would otherwise be entitled to any budget
entity or any water management district that has more than one-third of its management plans overdue.
(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,-03q, 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.
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. 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 compatible with conservation, _
recreation, or both.
if) 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 council, which shall:
1. Within 60 days after receiving a plan from the Division of State Lands, review each plan for compliance with
the requirements of this subsection and with the requirements of the rules adopted 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, with
recommendations as to whether to approve the plan as submitted, approve the plan with modifications, or reject
the plan.
(g) The board shall consider the individual management plan submitted by each state agency and the
recommendations of the council and the department and shall approve the plan with or without modification or
reject such plan. The use or possession of any lands owned by the board which is not in accordance with an
approved individual management plan is subject to termination by the board.
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.
(9)(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
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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 in a manner that is compatible with
conservation, recreation, or both, consistent with the land management plan and for the public to have access to
and use of these lands if public access 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 former
Florida Preservation 2000 Trust Fund and the Florida Forever Tent Fund shall be made available for the purposes of
management, maintenance, and capital improvements, and for associated contractual services, for conservation
and recreation lands acquired with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X
of the State Constitution or pursuant to former s. 259,032, Florida Statutes 2014, former s. 259, 101, Florida
Statutes 2014, 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. 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 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 used for land management activities, other than a land
acquisition trust fund, and such revenues 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 subsection17) undertaken on parcels. designated as_singte use pursuant to s.
253-034(2)(b)-
(d) Up to one -fifth of the funds appropriated for the purposes identified in paragraph (b) shall be reserved by
the board 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 (7)(e). The board 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 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 1a), up to one-fourth of the fundsprovided-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) To ensure that the public has knowledge of and access to conservation lands, as defined in s. 253_03.4(2)(c),
the department shall publish, update, and maintain a database of such lands where public access is compatible
with conservation and recreation purposes.
1. By July 1, 2017, the database must be available to the public online and must include, at a minimum, the
location, types of allowable recreational opportunities, points of public access, facilities or other amenities,
restrictions, and any other information the department deems appropriate to increase public awareness of
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recreational opportunities on conservation lands. Such data must be electronically accessible, searchable, and
downloadable in a generally acceptable format.
2. The department, through its own efforts or through partnership with a third -party entity, shall create an
application downloadable on mobile devices to be used to locate state lands available for public access using the
user's locational information or based upon an activity of interest.
3. The database and application must include information for all state conservation lands to which the public
has a rigld of access for recreational purposes. Beginning :anuary 1, 2018, to the greatest extent practicable, the
database shall include similar information for lands owned by federal and local governmental entities that allow
access for recreational purposes.
4. By January 1 of each year, the department shall provide a report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives describing the percentage of public lands acquired under
this chapter to which the public has access and the efforts undertaken by the department to increase public access
to such lands.
(10)(a) Beginning July 1, 1999, the Legislature may appropriate funds annually 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
former Florida Reservation 2000 program.
(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.
(c) If insufficient funds are available in any year to make full payments to all qualifying counties and local
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 propertywhich 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 before 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.
(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 landmadeto_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.
(11) Within 90 days after receiving a certified letter from the owner of a property on 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.
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History.-s. 8, ch. 79.255; s. 16, ch. 80-356; s. 5, ch. 81.35; s. 1, ch. 81.2101 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-%; 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. 91420; 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. %.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. 200B-229; s. 21, ch. 2009-21; s. 38, ch. 2013-15; s. 37, ch. 2014-53; s. 20, ch. 2015-229; s. 1, ch 1016-1; s. 29, ch. 2016-10; s. 17,
ch. 2016-233; s. 8, ch. 20204; s. 3, ch. 2023-169; s. 6, ch. 2025-76; s. 3, ch. 2025-201.
Note,-Fomrer s. 253.023. -
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