THE BILL ITSELF
CS/HB 441
Conservation Lands
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An act relating to conservation lands; amending s.
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253.0341, F.S.; requiring the Division of State Lands
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to publish certain information on its website before
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the Acquisition and Restoration Council or the Board
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of Trustees of the Internal Improvement Trust Fund
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meets to review the proposed sale of conservation
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lands; conforming a cross-reference; amending s.
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253.42, F.S.; requiring that certain parcels proposed
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for exchange be appraised in accordance with certain
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criteria; deleting provisions requiring the division
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to submit certain requests to the council for review;
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deleting provisions requiring the division to provide
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certain recommendations to the board of trustees;
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requiring the division to publish certain information
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on its website before the council or the board of
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trustees meets to review a proposed land exchange;
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requiring the division to submit certain requests to
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the council for review and requiring the council to
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provide recommendations to the division in certain
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circumstances; requiring the division to provide
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certain recommendations to the board of trustees in
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certain circumstances; making a technical change;
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amending s. 373.089, F.S.; requiring the governing
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board of a water management district to publish
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certain information on its website before meeting to
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review the proposed sale or exchange of certain lands;
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amending s. 215.196, F.S.; conforming a cross-
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reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (7) through (19) of section
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253.0341, Florida Statutes, are redesignated as subsections (8)
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through (20), respectively, subsection (11) of that section is
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amended, and a new subsection (7) is added to that section, to
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read:
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253.0341 Surplus of state-owned lands.—
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(7) At least 30 days before any meeting of the Acquisition
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and Restoration Council or the board of trustees to review the
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proposed sale of conservation lands, the Division of State Lands
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must publish the following information on its website:
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(a) The parcels of state-owned land for sale; and
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(b) A statement from the division explaining why the lands
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are no longer needed for conservation purposes.
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(11) Requests to surplus lands may be made by any public
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or private entity or person and shall be determined by the board
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of trustees. All requests to surplus conservation lands shall be
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submitted to the lead managing agency for review and
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recommendation to the Acquisition and Restoration Council, and
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all requests to surplus nonconservation lands shall be submitted
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to the Division of State Lands for review and recommendation to
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the board of trustees. The lead managing agencies shall review
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such requests and make recommendations to the council within 90
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days after receipt of the requests. Any requests to surplus
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conservation lands that are not acted upon within the 90-day
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period shall be immediately scheduled for hearing at the next
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regularly scheduled meeting of the council. Requests to surplus
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lands shall be considered by the board of trustees within 60
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days after receipt of the requests from the council or division.
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Requests to surplus lands pursuant to this subsection are not
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required to be offered to state agencies as provided in
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subsection (8) (7).
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Section 2. Present paragraphs (b), (c), and (d) of
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subsection (4) of section 253.42, Florida Statutes, are
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redesignated as paragraphs (d), (e), and (f), respectively,
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paragraph (a) of that subsection is amended, and new paragraphs
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(b) and (c) are added to that subsection, to read:
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253.42 Board of trustees may exchange lands.—This section
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applies to all lands owned by, vested in, or titled in the name
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of the board of trustees whether the lands were acquired by the
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state as a purchase, or through gift, donation, or any other
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conveyance for which no consideration was paid.
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(4)(a) A person who owns land contiguous to state-owned
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land titled to the board of trustees may submit a request to the
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Division of State Lands to exchange all or a portion of the
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privately owned land for all or a portion of the state-owned
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land, whereby the state retains a permanent conservation
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easement over all or a portion of the exchanged state-owned land
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and a permanent conservation easement over all or a portion of
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the exchanged privately owned land. State-owned land exchanged
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pursuant to this subsection must shall be contiguous to the
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privately owned land upon which the state retains a permanent
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conservation easement. Each parcel proposed for exchange
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pursuant to this subsection must have at least one appraisal
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that follows the appraisal criteria, techniques, and methods
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adopted by the board of trustees pursuant to s. 253.025(8)(e) If
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the division elects to proceed with a request, the division must
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submit the request to the Acquisition and Restoration Council
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for review and the council must provide recommendations to the
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division. If the division elects to forward a request to the
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board of trustees, the division must provide its recommendations
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and the recommendations of the council to the board. This
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subsection does not apply to state-owned sovereign submerged
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land.
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(b) At least 30 days before any meeting of the Acquisition
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and Restoration Council or the board of trustees to review the
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proposed land exchange of conservation lands, the Division of
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State Lands shall publish the following information on its
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website:
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1. The parcels of state-owned lands proposed for exchange;
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2. The privately owned parcels of land proposed for
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exchange;
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3. The portions of the lands identified in subparagraphs
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1. and 2. which will be preserved in a permanent conservation
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easement;
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4. A statement from the division explaining how the
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exchange will result in a conservation benefit to the state; and
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5. Any recommendations from the division and the council
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related to the request.
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(c) If the Division of State Lands elects to proceed with
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a request, the division must submit the request to the council
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for review, and the council must provide recommendations to the
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division. If the division elects to forward a request to the
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board of trustees, the division must provide its recommendations
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and the recommendations of the council to the board.
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Section 3. Paragraph (a) of subsection (6) of section
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373.089, Florida Statutes, is amended to read:
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373.089 Sale or exchange of lands, or interests or rights
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in lands.—The governing board of the district may sell lands, or
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interests or rights in lands, to which the district has acquired
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title or to which it may hereafter acquire title in the
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following manner:
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(6) Any lands the title to which is vested in the
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governing board of a water management district may be surplused
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pursuant to the procedures set forth in this section and s.
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373.056 and the following:
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(a) For those lands designated as acquired for
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conservation purposes, the governing board shall make a
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determination that the lands are no longer needed for
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conservation purposes and may dispose of them by a two-thirds
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vote. At least 30 days before the governing board meets to
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review the proposed sale or exchange of such lands, the
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governing board shall publish the following information on its
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website, as applicable:
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1. The parcels of district-owned lands for sale or
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proposed for exchange;
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2. The parcels of privately owned lands proposed for
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exchange;
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3. The portions of the lands identified in subparagraphs
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1. and 2. which will be preserved in a permanent conservation
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easement; and
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4. A statement from the district explaining why the lands
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are no longer needed for conservation purposes.
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If the Board of Trustees of the Internal Improvement Trust Fund
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declines to accept title to the lands offered under this
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section, the land may be disposed of by the district under the
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provisions of this section.
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Section 4. Subsection (1) of section 215.196, Florida
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Statutes, is amended to read:
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215.196 Architects Incidental Trust Fund; creation;
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assessment.—
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(1) There is created the Architects Incidental Trust Fund
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for the purpose of:
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(a) Collecting all funds received through the sale of
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surplus state-owned office buildings, as defined in s. 255.248,
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and the nonconservation lands associated with such buildings;
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(b) Diverting funds referenced in s. 253.0341(15)(b) s.
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253.0341(14)(b); and
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(c) Providing sufficient funds for the operation of the
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facilities development activities of the Department of
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Management Services.
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Section 5. This act shall take effect July 1, 2026.