Bill Amendment: FL S1628 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Agriculture and Consumer Services
Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7087 (Ch. 2013-226), HB 7089 (Ch. 2013-217) [S1628 Detail]
Download: Florida-2013-S1628-Appropriations_Subcommittee_on_General_Government_Committee_Amendment_589372.html
Bill Title: Department of Agriculture and Consumer Services
Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7087 (Ch. 2013-226), HB 7089 (Ch. 2013-217) [S1628 Detail]
Download: Florida-2013-S1628-Appropriations_Subcommittee_on_General_Government_Committee_Amendment_589372.html
Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1628
Barcode 589372
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2013 .
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Appropriations Subcommittee on General Government (Dean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 180 and 181
4 insert:
5 Section 2. Subsections (3), (4), and (5) of section
6 259.1052, Florida Statutes, are amended to read:
7 259.1052 Babcock Crescent B Ranch Florida Forever
8 acquisition; conditions for purchase.—
9 (3) The Legislature recognizes that the acquisition of the
10 state’s portion of the Babcock Crescent B Ranch represents a
11 unique opportunity to assist in preserving the largest private
12 and undeveloped single-ownership tract of land in Charlotte
13 County. The Legislature further recognizes Lee County as a
14 partner in the acquisition of the ranch. Upon the termination or
15 expiration of the management agreement, Lee County will retain
16 ownership and assume responsibility for management of the Lee
17 County portion of the acquisition. Lee County and the lead
18 manager may enter into an agreement for management of the Lee
19 County property.
20 (4) This section authorizes the acquisition of the state’s
21 portion of the Babcock Crescent B Ranch in order to protect and
22 preserve for future generations the scientific, scenic,
23 historic, and natural values of the ranch, including rivers and
24 ecosystems; to protect and preserve the archaeological,
25 geological, and cultural resources of the ranch; to provide for
26 species recovery; and to provide opportunities for public
27 recreation compatible with the working ranch and agricultural
28 activities conducted on the property.
29 (5) The Florida Forest Service of Fish and Wildlife
30 Conservation Commission and the Department of Agriculture and
31 Consumer Services shall, with the cooperation of the Fish and
32 Wildlife Conservation Commission, be the lead managing agency
33 agencies responsible for the management of Babcock Crescent B
34 Ranch.
35 Section 3. Section 259.10521, Florida Statutes, is
36 repealed.
37 Section 4. Section 259.1053, Florida Statutes, is amended
38 to read:
39 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
40 creation; membership; organization; meetings.—
41 (1) SHORT TITLE.—This section may be cited as the “Babcock
42 Ranch Preserve Act.”
43 (2) DEFINITIONS.—As used in this section, the term:
44 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
45 and facilities acquired in the purchase of the Babcock Crescent
46 B Ranch, as provided in s. 259.1052.
47 (b) “Babcock Ranch, Inc.,” and “corporation” mean the not
48 for-profit corporation created under this section to operate and
49 manage the Babcock Ranch Preserve as a working ranch.
50 (c) “Board of directors” means the governing board of the
51 not-for-profit corporation created under this section.
52 (b)(d) “Commission” means the Fish and Wildlife
53 Conservation Commission.
54 (c)(e) “Commissioner” means the Commissioner of
55 Agriculture.
56 (d)(f) “Department” means the Department of Agriculture and
57 Consumer Services.
58 (e)(g) “Executive director” means the Executive Director of
59 the Fish and Wildlife Conservation Commission.
60 (f)(h) “Financially self-sustaining” means having
61 management and operation expenditures not more than the revenues
62 collected from fees and other receipts for resource use and
63 development and from interest and invested funds.
64 (g) “Florida Forest Service” means the Florida Forest
65 Service of the Department of Agriculture and Consumer Services.
66 (i) “Management and operating expenditures” means expenses
67 of the corporation, including, but not limited to, salaries and
68 benefits of officers and staff, administrative and operating
69 expenses, costs of improvements to and maintenance of lands and
70 facilities of the Babcock Ranch Preserve, and other similar
71 expenses. Such expenditures shall be made from revenues
72 generated from the operation of the ranch and not from funds
73 appropriated by the Legislature except as provided in this
74 section.
75 (j) “Member” means a person appointed to the board of
76 directors of the not-for-profit corporation created under this
77 section.
78 (h)(k) “Multiple use” means the management of all of the
79 renewable surface resources of the Babcock Ranch Preserve to
80 best meet the needs of the public, including the use of the land
81 for some or all of the renewable surface resources or related
82 services over areas large enough to allow for periodic
83 adjustments in use to conform to the changing needs and
84 conditions of the preserve while recognizing that a portion of
85 the land will be used for some of the renewable surface
86 resources available on that land. The goal of multiple use is
87 the harmonious and coordinated management of the renewable
88 surface resources without impairing the productivity of the land
89 and considering the relative value of the renewable surface
90 resources, and not necessarily a combination of uses to provide
91 the greatest monetary return or the greatest unit output.
92 (i)(l) “Sustained yield of the renewable surface resources”
93 means the achievement and maintenance of a high level of annual
94 or regular periodic output of the various renewable surface
95 resources of the preserve without impairing the productivity of
96 the land.
97 (3) CREATION OF BABCOCK RANCH PRESERVE.—
98 (a) Upon the date of acquisition of the Babcock Crescent B
99 Ranch, there is created the Babcock Ranch Preserve, which shall
100 be managed in accordance with the purposes and requirements of
101 this section.
102 (b) The preserve is established to protect and preserve the
103 environmental, agricultural, scientific, scenic, geologic,
104 watershed, fish, wildlife, historic, cultural, and recreational
105 values of the preserve, and to provide for the multiple use and
106 sustained yield of the renewable surface resources within the
107 preserve consistent with this section.
108 (c) The Legislature recognizes that the Babcock Crescent B
109 Ranch will need a variety of facilities to enhance its public
110 use and potential. The need for such facilities may exceed the
111 ability of the state to provide such facilities in a timely
112 manner with funds available. The Legislature finds it to be in
113 the public interest to provide incentives for partnerships with
114 public or private organizations with the intent of producing
115 additional revenue to help enhance the use and potential of the
116 ranch Babcock Ranch, Inc., and its officers and employees shall
117 participate in the management of the Babcock Ranch Preserve in
118 an advisory capacity only until the management agreement
119 referenced in paragraph (11)(a) is terminated or expires.
120 (d) Nothing in This section does not shall preclude Babcock
121 Ranch, Inc., prior to assuming management and operation of the
122 preserve and thereafter, from allowing the use of common
123 varieties of mineral materials such as sand, stone, and gravel
124 for construction and maintenance of roads and facilities within
125 the preserve.
126 (e) Nothing in This section does not affect shall be
127 construed as affecting the constitutional responsibilities of
128 the commission in the exercise of its regulatory and executive
129 power with respect to wild animal life and freshwater aquatic
130 life, including the regulation of hunting, fishing, and trapping
131 within the preserve.
132 (f) Nothing in This section does not shall be construed to
133 interfere with or prevent the implementation of ability of
134 Babcock Ranch, Inc., to implement agricultural practices
135 authorized by the agricultural land use designations established
136 in the local comprehensive plans of either Charlotte County or
137 Lee County as those plans apply to the Babcock Ranch Preserve.
138 (g) To clarify the responsibilities of the lead managing
139 agencies and the not-for-profit corporation created under this
140 section, the lead managing agencies are directed to establish a
141 range of resource protection values for the Babcock Ranch
142 Preserve, and the corporation shall establish operational
143 parameters to conduct the business of the ranch within the range
144 of values. The corporation shall establish a range of
145 operational values for conducting the business of the ranch, and
146 the lead managing agencies providing ground support to the ranch
147 outside of each agency’s jurisdictional responsibilities shall
148 establish management parameters within that range of values.
149 (g)(h) Nothing in This section does not shall preclude the
150 maintenance and use of roads and trails or the relocation of
151 roads in existence on the effective date of this section, or the
152 construction, maintenance, and use of new trails, or any
153 motorized access necessary for the administration of the land
154 contained within the preserve, including motorized access
155 necessary for emergencies involving the health or safety of
156 persons within the preserve.
157 (i) The Division of State Lands of the Department of
158 Environmental Protection shall perform staff duties and
159 functions for Babcock Ranch, Inc., the not-for-profit
160 corporation created under this section, until such time as the
161 corporation organizes to elect officers, file articles of
162 incorporation, and exercise its powers and duties.
163 (4) CREATION OF BABCOCK RANCH ADVISORY GROUP, INC.—
164 (a) The purpose of the Babcock Ranch Advisory Group is to
165 assist the department by providing guidance and advice
166 concerning the management and stewardship of the Babcock Ranch
167 Preserve.
168 (b) The Babcock Ranch Advisory Group shall be comprised of
169 nine members appointed to 5-year terms by the commissioner as
170 follows:
171 1. One member with experience in sustainable management of
172 forest lands for commodity purposes.
173 2. One member with experience in financial management,
174 budget and program analysis, and small business operations.
175 3. One member with experience in the management of game and
176 nongame wildlife and fish populations, including hunting,
177 fishing, and other recreational activities.
178 4. One member with experience in domesticated livestock
179 management, production, and marketing, including range
180 management and livestock business management.
181 5. One member with experience in agriculture operations or
182 forestry management.
183 6. One member with experience in hunting, fishing, nongame
184 species management, or wildlife habitat management, restoration,
185 and conservation.
186 7. One member who is a private landowner.
187 8. One member who is a resident of Lee County with
188 experience in land conservation and management.
189 9. One member who is a resident of Charlotte County and
190 active in an organization involved with the activities of the
191 ranch.
192
193 Vacancies will be filled in the same manner that the original
194 appointment was made. A member appointed to fill a vacancy shall
195 serve for the remainder of that term.
196 (c) Members of the Babcock Ranch Advisory Group shall:
197 1. Elect a chair and vice chair from among the group
198 members.
199 2. Meet regularly as determined by the director of the
200 Florida Forest Service.
201 3. Serve without compensation or reimbursement for travel
202 and per diem expenses.
203 (a) Subject to filing articles of incorporation, there is
204 created a not-for-profit corporation, to be known as Babcock
205 Ranch, Inc., which shall be registered, incorporated, organized,
206 and operated in compliance with the provisions of chapter 617,
207 and which shall not be a unit or entity of state government. For
208 purposes of sovereign immunity, the corporation shall be a
209 corporation primarily acting as an instrumentality of the state
210 but otherwise shall not be an agency within the meaning of s.
211 20.03(11) or a unit or entity of state government.
212 (b) The corporation is organized on a nonstock basis and
213 shall operate in a manner consistent with its public purpose and
214 in the best interest of the state.
215 (c) Meetings and records of the corporation, its directors,
216 advisory committees, or similar groups created by the
217 corporation, including any not-for-profit subsidiaries, are
218 subject to the public records provisions of chapter 119 and the
219 public meetings and records provisions of s. 286.011.
220 (5) APPLICABILITY OF SECTION.—In any conflict between a
221 provision of this section and a provision of chapter 617, the
222 provisions of this section shall prevail.
223 (6) PURPOSE.—The purpose of Babcock Ranch, Inc., is to
224 provide management and administrative services for the preserve,
225 to establish and implement management policies that will achieve
226 the purposes and requirements of this section, to cooperate with
227 state agencies to further the purposes of the preserve, and to
228 establish the administrative and accounting procedures for the
229 operation of the corporation.
230 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.—The corporation
231 shall be governed by a nine-member board of directors who shall
232 be appointed by the Board of Trustees of the Internal
233 Improvement Trust Fund; the executive director of the
234 commission; the Commissioner of Agriculture; the Babcock Florida
235 Company, a corporation registered to do business in the state,
236 or its successors or assigns; the Charlotte County Board of
237 County Commissioners; and the Lee County Board of County
238 Commissioners in the following manner:
239 (a)1. The Board of Trustees of the Internal Improvement
240 Trust Fund shall appoint four members. One appointee shall have
241 expertise in domesticated livestock management, production, and
242 marketing, including range management and livestock business
243 management. One appointee shall have expertise in the management
244 of game and nongame wildlife and fish populations, including
245 hunting, fishing, and other recreational activities. One
246 appointee shall have expertise in the sustainable management of
247 forest lands for commodity purposes. One appointee shall have
248 expertise in financial management, budget and program analysis,
249 and small business operations.
250 2. The executive director shall appoint one member with
251 expertise in hunting; fishing; nongame species management; or
252 wildlife habitat management, restoration, and conservation.
253 3. The commissioner shall appoint one member with expertise
254 in agricultural operations or forestry management.
255 4. The Babcock Florida Company, or its successors or
256 assigns, shall appoint one member with expertise in the
257 activities and management of the Babcock Ranch on the date of
258 acquisition of the ranch by the state as provided under s.
259 259.1052. This appointee shall serve on the board of directors
260 only until the termination of or expiration of the management
261 agreement attached as Exhibit “E” to that certain Agreement for
262 Sale and Purchase approved by the Board of Trustees of the
263 Internal Improvement Trust Fund on November 22, 2005, and by Lee
264 County, a political subdivision of the state, on November 20,
265 2005. Upon termination of or expiration of the management
266 agreement, the person serving as the head of the property
267 owners’ association, if any, required to be created under the
268 agreement for sale and purchase shall serve as a member of the
269 board of directors of Babcock Ranch, Inc.
270 5. The Charlotte County Board of County Commissioners shall
271 appoint one member who shall be a resident of the county and who
272 shall be active in an organization concerned with the activities
273 of the ranch.
274 6. The Lee County Board of County Commissioners shall
275 appoint one member who shall be a resident of the county and who
276 shall have experience in land conservation and management. This
277 appointee, or a successor appointee, shall serve as a member of
278 the board of directors so long as the county participates in the
279 state land management plan.
280 (b) All members of the board of directors shall be
281 appointed no later than 90 days following the initial
282 acquisition of the Babcock Ranch by the state, and:
283 1. Four members initially appointed by the Board of
284 Trustees of the Internal Improvement Trust Fund shall each serve
285 a 4-year term.
286 2. The remaining initial five appointees shall each serve a
287 2-year term.
288 3. Each member appointed thereafter shall serve a 4-year
289 term.
290 4. A vacancy shall be filled in the same manner in which
291 the original appointment was made, and a member appointed to
292 fill a vacancy shall serve for the remainder of that term.
293 5. No member may serve more than 8 years in consecutive
294 terms.
295 (c) With the exception of the Babcock Florida Company
296 appointee, no member may be an officer, director, or shareholder
297 in any entity that contracts with or receives funds from the
298 corporation or its subsidiaries.
299 (d) No member shall vote in an official capacity upon any
300 measure that would inure to his or her special private gain or
301 loss, that he or she knows would inure to the special private
302 gain or loss of any principal by whom he or she is retained or
303 to the parent organization or subsidiary of a principal by which
304 he or she is retained, or that he or she knows would inure to
305 the special private gain or loss of a relative or business
306 associate of the member. Such member shall, prior to the vote
307 being taken, publicly state the nature of his or her interest in
308 the matter from which he or she is abstaining from voting and,
309 no later than 15 days following the date the vote occurs, shall
310 disclose the nature of his or her interest as a public record in
311 a memorandum filed with the person responsible for recording the
312 minutes of the meeting, who shall incorporate the memorandum in
313 the minutes of the meeting.
314 (e) Each member of the board of directors is accountable
315 for the proper performance of the duties of office, and each
316 member owes a fiduciary duty to the people of the state to
317 ensure that funds provided in furtherance of this section are
318 disbursed and used as prescribed by law and contract. Any
319 official appointing a member may remove that member for
320 malfeasance, misfeasance, neglect of duty, incompetence,
321 permanent inability to perform official duties, unexcused
322 absence from three consecutive meetings of the board, arrest or
323 indictment for a crime that is a felony or misdemeanor involving
324 theft or a crime of dishonesty, or pleading nolo contendere to,
325 or being found guilty of, any crime.
326 (f) Each member of the board of directors shall serve
327 without compensation, but shall receive travel and per diem
328 expenses as provided in s. 112.061 while in the performance of
329 his or her duties.
330 (g) No appointee shall be an employee of any governmental
331 entity.
332 (8) ORGANIZATION; MEETINGS.—
333 (a)1. The board of directors shall annually elect a
334 chairperson and a vice chairperson from among the board’s
335 members. The members may, by a vote of five of the nine board
336 members, remove a member from the position of chairperson or
337 vice chairperson prior to the expiration of his or her term as
338 chairperson or vice chairperson. His or her successor shall be
339 elected to serve for the balance of the removed chairperson’s or
340 vice chairperson’s term.
341 2. The chairperson shall ensure that records are kept of
342 the proceedings of the board of directors, and is the custodian
343 of all books, documents, and papers filed with the board, the
344 minutes of meetings of the board, and the official seal of the
345 corporation.
346 (b)1. The board of directors shall meet upon the call of
347 the chairperson at least 3 times per year in Charlotte County or
348 in Lee County.
349 2. A majority of the members of the board of directors
350 constitutes a quorum. Except as otherwise provided in this
351 section, the board of directors may take official action by a
352 majority of the members present at any meeting at which a quorum
353 is present. Members may not vote by proxy.
354 (9) POWERS AND DUTIES.—
355 (a) The board of directors shall adopt articles of
356 incorporation and bylaws necessary to govern its activities. The
357 adopted articles of incorporation and bylaws must be approved by
358 the Board of Trustees of the Internal Improvement Trust Fund
359 prior to filing with the Department of State.
360 (b) The board of directors shall review and approve any
361 management plan developed pursuant to ss. 253.034 and 259.032
362 for the management of lands in the preserve prior to the
363 submission of that plan to the Board of Trustees of the Internal
364 Improvement Trust Fund for approval and implementation.
365 (c)1. Except for the constitutional powers of the
366 commission as provided in s. 9, Art. IV of the State
367 Constitution, the board of directors shall have all necessary
368 and proper powers for the exercise of the authority vested in
369 the corporation, including, but not limited to, the power to
370 solicit and accept donations of funds, property, supplies, or
371 services from individuals, foundations, corporations, and other
372 public or private entities for the purposes of this section. All
373 funds received by the corporation shall be deposited into the
374 operating fund authorized under this section unless otherwise
375 directed by the Legislature.
376 2. The board of directors may not increase the number of
377 its members.
378 3. Except as necessary to manage and operate the preserve
379 as a working ranch, the corporation may not purchase, take,
380 receive, lease, take by gift, devise, or bequest, or otherwise
381 acquire, own, hold, improve, use, or otherwise deal in and with
382 real property, or any interest therein, wherever situated.
383 4. The corporation may not sell, convey, mortgage, pledge,
384 lease, exchange, transfer, or otherwise dispose of any real
385 property.
386 5. The corporation may not purchase, take, receive,
387 subscribe for, or otherwise acquire, own, hold, vote, use,
388 employ, sell, mortgage, lend, pledge, or otherwise dispose of or
389 otherwise use and deal in and with, shares and other interests
390 in, or obligations of, other domestic or foreign corporations,
391 whether for profit or not for profit, associations,
392 partnerships, or individuals, or direct or indirect obligations
393 of the United States, or any other government, state, territory,
394 government district, municipality, or any instrumentality
395 thereof.
396 6. The corporation may not lend money for its corporate
397 purposes, invest and reinvest its funds, or take and hold real
398 and personal property as security for the payment of funds lent
399 or invested.
400 7. The corporation may not merge with other corporations or
401 other business entities.
402 8. The corporation may not enter into any contract, lease,
403 or other agreement related to the use of ground or surface
404 waters located in, on, or through the preserve without the
405 consent of the Board of Trustees of the Internal Improvement
406 Trust Fund and permits that may be required by the Department of
407 Environmental Protection or the appropriate water management
408 district under chapters 373 and 403.
409 9. The corporation may not grant any easements in, on, or
410 across the preserve. Any easements to be granted for the use of,
411 access to, or ingress and egress across state property within
412 the preserve must be executed by the Board of Trustees of the
413 Internal Improvement Trust Fund as the owners of the state
414 property within the preserve. Any easements to be granted for
415 the use of, access to, or ingress and egress across property
416 within the preserve titled in the name of a local government
417 must be granted by the governing body of that local government.
418 10. The corporation may not enter into any contract, lease,
419 or other agreement related to the use and occupancy of the
420 property within the preserve for a period greater than 10 years.
421 (d) The members may, with the written approval of the
422 commission and in consultation with the department, designate
423 hunting, fishing, and trapping zones and may establish
424 additional periods when no hunting, fishing, or trapping shall
425 be permitted for reasons of public safety, administration, and
426 the protection and enhancement of nongame habitat and nongame
427 species, as defined under s. 379.101.
428 (e) The corporation shall have the sole and exclusive right
429 to use the words “Babcock Ranch, Inc.,” and any seal, emblem, or
430 other insignia adopted by the members. Without the express
431 written authority of the corporation, no person may use the
432 words “Babcock Ranch, Inc.,” as the name under which that person
433 conducts or purports to conduct business, for the purpose of
434 trade or advertisement, or in any manner that may suggest any
435 connection with the corporation.
436 (f) The corporation may from time to time appoint advisory
437 committees to further any part of this section. The advisory
438 committees shall be reflective of the expertise necessary for
439 the particular function for which the committee is created, and
440 may include public agencies, private entities, and not-for
441 profit conservation and agricultural representatives.
442 (g) State laws governing the procurement of commodities and
443 services by state agencies, as provided in s. 287.057, shall
444 apply to the corporation.
445 (h) The corporation and its subsidiaries must provide equal
446 employment opportunities for all persons regardless of race,
447 color, religion, gender, national origin, age, handicap, or
448 marital status.
449 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
450 REQUIREMENTS.—
451 (a) The board of directors may establish and manage an
452 operating fund to address the corporation’s unique cash-flow
453 needs and to facilitate the management and operation of the
454 preserve as a working ranch.
455 (b) The board of directors shall provide for an annual
456 financial audit of the corporate accounts and records to be
457 conducted by an independent certified public accountant in
458 accordance with rules adopted by the Auditor General under s.
459 11.45(8). The audit report shall be submitted no later than 3
460 months following the end of the fiscal year to the Auditor
461 General, the President of the Senate, the Speaker of the House
462 of Representatives, and the appropriate substantive and fiscal
463 committees of the Legislature. The Auditor General, the Office
464 of Program Policy Analysis and Government Accountability, and
465 the substantive or fiscal committees of the Legislature to which
466 legislation affecting the Babcock Ranch Preserve may be referred
467 shall have the authority to require and receive from the
468 corporation or from the independent auditor any records relative
469 to the operation of the corporation.
470 (c) Not later than January 15 of each year, Babcock Ranch,
471 Inc., shall submit to the Board of Trustees of the Internal
472 Improvement Trust Fund, the President of the Senate, the Speaker
473 of the House of Representatives, the department, and the
474 commission a comprehensive and detailed report of its
475 operations, activities, and accomplishments for the prior year,
476 including information on the status of the ecological, cultural,
477 and financial resources being managed by the corporation, and
478 benefits provided by the preserve to local communities. The
479 report shall also include a section describing the corporation’s
480 goals for the current year.
481 (d) The board of directors shall prepare an annual budget
482 with the goal of achieving a financially self-sustaining
483 operation within 15 full fiscal years after the initial
484 acquisition of the Babcock Ranch by the state. The department
485 shall provide necessary assistance, including details as
486 necessary, to the corporation for the timely formulation and
487 submission of an annual legislative budget request for
488 appropriations, if any, to support the administration,
489 operation, and maintenance of the preserve. A request for
490 appropriations shall be submitted to the department and shall be
491 included in the department’s annual legislative budget request.
492 Requests for appropriations shall be submitted to the department
493 in time to allow the department to meet the requirements of s.
494 216.023. The department may not deny a request or refuse to
495 include in its annual legislative budget submission a request
496 from the corporation for an appropriation.
497 (e) Notwithstanding any other provision of law, all moneys
498 received from donations or from management of the preserve shall
499 be retained by the corporation in the operating fund and shall
500 be available, without further appropriation, for the
501 administration, preservation, restoration, operation and
502 maintenance, improvements, repairs, and related expenses
503 incurred with respect to properties being managed by the
504 corporation. Except as provided in this section, moneys received
505 by the corporation for the management of the preserve shall not
506 be subject to distribution by the state. Upon assuming
507 management responsibilities for the preserve, the corporation
508 shall optimize the generation of income based on existing
509 marketing conditions to the extent that activities do not
510 unreasonably diminish the long-term environmental, agricultural,
511 scenic, and natural values of the preserve, or the multiple-use
512 and sustained-yield capability of the land.
513 (f) All parties in contract with the corporation and all
514 holders of leases from the corporation which are authorized to
515 occupy, use, or develop properties under the management
516 jurisdiction of the corporation must procure proper insurance as
517 is reasonable or customary to insure against any loss in
518 connection with the properties or with activities authorized in
519 the leases or contracts.
520 (11) COMPREHENSIVE BUSINESS PLAN.—
521 (a) A comprehensive business plan for the management and
522 operation of the preserve as a working ranch and amendments to
523 the business plan may be developed only with input from the
524 department and the commission, and may be implemented by Babcock
525 Ranch, Inc., only upon expiration of the management agreement
526 attached as Exhibit “E” to that certain agreement for sale and
527 purchase approved by the Board of Trustees of the Internal
528 Improvement Trust Fund on November 22, 2005, and by Lee County
529 on November 20, 2005.
530 (b) Any final decision of Babcock Ranch, Inc., to adopt or
531 amend the comprehensive business plan or to approve any activity
532 related to the management of the renewable surface resources of
533 the preserve shall be made in sessions that are open to the
534 public. The board of directors shall establish procedures for
535 providing adequate public information and opportunities for
536 public comment on the proposed comprehensive business plan for
537 the preserve or for amendments to the comprehensive business
538 plan adopted by the members.
539 (c) Not less than 2 years prior to the corporation’s
540 assuming management and operation responsibilities for the
541 preserve, the corporation, with input from the commission and
542 the department, must begin developing the comprehensive business
543 plan to carry out the purposes of this section. To the extent
544 consistent with these purposes, the comprehensive business plan
545 shall provide for:
546 1. The management and operation of the preserve as a
547 working ranch;
548 2. The protection and preservation of the environmental,
549 agricultural, scientific, scenic, geologic, watershed, fish,
550 wildlife, historic, cultural, and recreational values of the
551 preserve;
552 3. The promotion of high-quality hunting experiences for
553 the public, with emphasis on deer, turkey, and other game
554 species;
555 4. Multiple use and sustained yield of renewable surface
556 resources within the preserve;
557 5. Public use of and access to the preserve for recreation;
558 and
559 6. The use of renewable resources and management
560 alternatives that, to the extent practicable, benefit local
561 communities and small businesses and enhance the coordination of
562 management objectives with those on surrounding public or
563 private lands. The use of renewable resources and management
564 alternatives should provide cost savings to the corporation
565 through the exchange of services, including, but not limited to,
566 labor and maintenance of facilities, for resources or services
567 provided to the corporation.
568 (d) On or before the date on which title to the portion of
569 the Babcock Crescent B Ranch being purchased by the state as
570 provided in s. 259.1052 is vested in the Board of Trustees of
571 the Internal Improvement Trust Fund, Babcock Ranch Management,
572 LLC, a limited liability company incorporated in this state,
573 shall provide the commission and the department with the
574 management plan and business plan in place for the operation of
575 the ranch as of November 22, 2005, the date on which the board
576 of trustees approved the purchase.
577 (5)(12) MANAGEMENT OF PRESERVE; FEES.—
578 (a) The department corporation shall assume all authority
579 provided by this section to manage and operate the preserve as a
580 working ranch upon the termination or expiration of the
581 management agreement attached as Exhibit “E” to that certain
582 Agreement for Sale and Purchase approved by the Board of
583 Trustees of the Internal Improvement Trust Fund on November 22,
584 2005, and by Lee County on November 20, 2005 a determination by
585 the Board of Trustees of the Internal Improvement Trust Fund
586 that the corporation is able to conduct business, and that
587 provision has been made for essential services on the preserve,
588 which, to the maximum extent practicable, shall be made no later
589 than 60 days prior to the termination of the management
590 agreement referenced in paragraph (11)(a).
591 (b) Upon assuming management and operation of the preserve,
592 the department corporation shall:
593 1. With input from the commission and the department,
594 Manage and operate the preserve and the uses thereof, including,
595 but not limited to, the activities necessary to administer and
596 operate the preserve as a working ranch; the activities
597 necessary for the preservation and development of the land and
598 renewable surface resources of the preserve; the activities
599 necessary for interpretation of the history of the preserve on
600 behalf of the public; the activities necessary for the
601 management, public use, and occupancy of facilities and lands
602 within the preserve; and the maintenance, rehabilitation,
603 repair, and improvement of property within the preserve.;
604 2. Develop programs and activities relating to the
605 management of the preserve as a working ranch.;
606 3. Negotiate directly with and enter into such agreements,
607 leases, contracts, and other arrangements with any person, firm,
608 association, organization, corporation, or governmental entity,
609 including entities of federal, state, and local governments, as
610 are necessary and appropriate to carry out the purposes and
611 activities authorized by this section;
612 3.4. Establish procedures for entering into lease
613 agreements and other agreements for the use and occupancy of the
614 facilities of the preserve. The procedures shall ensure
615 reasonable competition and set guidelines for determining
616 reasonable fees, terms, and conditions for such agreements.; and
617 4.5. Assess reasonable fees for admission to, use of, and
618 occupancy of the preserve to offset costs of operating the
619 preserve as a working ranch. These fees are independent of fees
620 assessed by the commission for the privilege of hunting,
621 fishing, or pursuing outdoor recreational activities within the
622 preserve, and shall be deposited into the Incidental Trust Fund
623 of the Florida Forest Service, subject to appropriation by the
624 Legislature operating fund established by the board of directors
625 under the authority provided under this section.
626 (c) The commission, in cooperation with the department,
627 shall:
628 1. Establish and implement public hunting and other fish
629 and wildlife management activities. Tier I and Tier II public
630 hunting opportunities shall be provided consistent with the
631 management plan and the recreation master plan.
632 a. Tier I public hunting shall provide hunting
633 opportunities similar to those offered on wildlife management
634 areas with an emphasis on youth and family-oriented hunts.
635 b. Tier II public hunting shall be provided specifically by
636 fee-based permitting to ensure compatibility with livestock
637 grazing and other essential agricultural operations on the
638 preserve.
639 2. Establish and administer permit fees for Tier II public
640 hunting to capitalize on the value of hunting on portions of the
641 preserve and to help ensure that the preserve is financially
642 self-sufficient. The fees shall be deposited into the State Game
643 Trust Fund of the Fish and Wildlife Conservation Commission to
644 be used to offset the costs of providing public hunting and to
645 support fish and wildlife management and other land management
646 activities on the preserve.
647 (d) The Board of Trustees of the Internal Improvement Trust
648 Fund or its designated agent may:
649 1. Negotiate directly with, and enter into such agreements,
650 leases, contracts, and other arrangements with, any person,
651 firm, association, organization, corporation, or governmental
652 entity, including entities of federal, state, and local
653 governments, as are necessary and appropriate to carry out the
654 purposes and activities authorized by this section.
655 2. Grant privileges, leases, concessions, and permits for
656 the use of land for the accommodation of visitors to the
657 preserve; however, natural curiosities or objects of interest
658 may not be granted, leased, or rented on terms that deny or
659 interfere with free access to them by the public. Such grants,
660 leases, and permits may be made and given without advertisement
661 or securing competitive bids. Such grants, leases, or permits
662 may not be assigned or transferred by any grantee without
663 consent of the Board of Trustees of the Internal Improvement
664 Trust Fund or its designated agent.
665 (13) MISCELLANEOUS PROVISIONS.—
666 (a) Except for the powers of the commissioner provided in
667 this section, and the powers of the commission provided in s. 9,
668 Art. IV of the State Constitution, the preserve shall be managed
669 by Babcock Ranch, Inc.
670 (b) Officers and employees of Babcock Ranch, Inc., are
671 private employees. At the request of the board of directors, the
672 commission and the department may provide state employees for
673 the purpose of implementing this section. Any state employees
674 provided to assist the directors in implementing this section
675 for more than 30 days shall be provided on a reimbursable basis.
676 Reimbursement to the commission and the department shall be made
677 from the corporation’s operating fund provided under this
678 section and not from any funds appropriated to the corporation
679 by the Legislature.
680 (6)(14) DISSOLUTION OF BABCOCK RANCH ADVISORY GROUP, INC.—
681 (a) The corporation may be dissolved only by an act of the
682 Legislature.
683 (b) Upon dissolution of the corporation, the management
684 responsibilities provided in this section shall revert to the
685 commission and the department unless otherwise provided by the
686 Legislature under the act dissolving Babcock Ranch, Inc.
687 (c) The Babcock Ranch Advisory Group shall terminate on
688 June 30, 2018. Upon dissolution of the Babcock Ranch Advisory
689 Group corporation, any cash balances of funds shall revert to
690 the Incidental Trust Fund of the Florida Forest Service General
691 Revenue Fund or such other state fund as may be provided under
692 the act dissolving Babcock Ranch, Inc.
693
694 ================= T I T L E A M E N D M E N T ================
695 And the title is amended as follows:
696 Between lines 6 and 7
697 insert:
698 259.1052, F.S.; providing for Lee County to retain
699 ownership and assume responsibility for management of
700 a specified portion of the Babcock Crescent B Ranch
701 Florida Forever acquisition; requiring certain
702 activities on the property to be compatible with
703 working ranch and agricultural activities;
704 establishing the Department of Agriculture and
705 Consumer Services as the lead agency responsible for
706 managing the Babcock Crescent B Ranch; repealing s.
707 259.10521, F.S., relating to the citizen support
708 organization for the Babcock Crescent B Ranch and use
709 of the ranch property; amending s. 259.1053, F.S.;
710 deleting and revising provisions of the Babcock
711 Preserve Ranch Act to conform to the termination or
712 expiration of the management agreement and the
713 dissolution of Babcock Ranch, Inc.; revising
714 definitions; providing legislative findings; creating
715 the Babcock Ranch Advisory Group; providing for the
716 department to manage and operate the preserve;
717 requiring certain fees to be deposited into the
718 Incidental Trust Fund of the Florida Forest Service of
719 the Department of Agriculture and Consumer Services,
720 subject to appropriation; directing the Fish and
721 Wildlife Conservation Commission, in cooperation with
722 the department, to establish, implement, and
723 administer certain activities and fees; requiring such
724 fees to be deposited into the State Game Trust Fund of
725 the Fish and Wildlife Conservation Commission and used
726 for specified purposes; authorizing the Board of
727 Trustees of the Internal Improvement Trust Fund to
728 negotiate and enter into certain agreements and grant
729 certain privileges, leases, concessions, and permits;
730 providing for certain funds to revert to the
731 Incidental Trust Fund of the Florida Forest Service
732 upon dissolution of the Babcock Ranch Advisory Group;
733 amending s.
