Florida Senate - 2025                               CS for SB 80
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Harrell, Bradley, Smith, and Gaetz
       
       
       
       
       592-01943-25                                            202580c1
    1                        A bill to be entitled                      
    2         An act relating to state land management; providing a
    3         short title; amending s. 253.034, F.S.; requiring
    4         public hearings for all updated conservation and
    5         nonconservation land management plans; requiring the
    6         Division of State Lands of the Department of
    7         Environmental Protection to make available to the
    8         public, within a specified timeframe, electronic
    9         copies of land management plans for parcels of a
   10         certain size and for parcels located in state parks;
   11         making technical changes; amending s. 258.004, F.S.;
   12         revising the duties of the Division of Recreation and
   13         Parks of the Department of Environmental Protection;
   14         specifying requirements for the management of parks
   15         and recreational areas held by the state; defining the
   16         term “conservation-based public outdoor recreational
   17         uses”; making technical changes; amending s. 258.007,
   18         F.S.; requiring the division to comply with specified
   19         provisions when granting certain privileges, leases,
   20         concessions, and permits; authorizing the division to
   21         acquire, install, or permit the installation or
   22         operation at state parks of camping cabins that meet
   23         certain requirements; prohibiting the division from
   24         authorizing certain uses or construction activities
   25         within a state park; prohibiting the division from
   26         installing or permitting the installation of any
   27         lodging establishment at a state park; amending s.
   28         259.032, F.S.; requiring that individual management
   29         plans for parcels located within state parks be
   30         developed and updated with input from an advisory
   31         group; requiring that the advisory group’s required
   32         public hearings be noticed to the public within a
   33         specified timeframe; requiring the department to
   34         submit a report to the Governor and the Legislature by
   35         a specified date; specifying requirements for the
   36         report; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. This act may be cited as the “State Park
   41  Preservation Act.”
   42         Section 2. Subsection (5) of section 253.034, Florida
   43  Statutes, is amended to read:
   44         253.034 State-owned lands; uses.—
   45         (5) Each manager of conservation lands shall submit to the
   46  Division of State Lands a land management plan at least every 10
   47  years in a form and manner adopted by rule of the board of
   48  trustees and in accordance with s. 259.032. Each manager of
   49  conservation lands shall also update a land management plan
   50  whenever the manager proposes to add new facilities or make
   51  substantive land use or management changes that were not
   52  addressed in the approved plan, or within 1 year after the
   53  addition of significant new lands. Each manager of
   54  nonconservation lands shall submit to the Division of State
   55  Lands a land use plan at least every 10 years in a form and
   56  manner adopted by rule of the board of trustees. The division
   57  shall review each plan for compliance with the requirements of
   58  this subsection and the requirements of the rules adopted by the
   59  board of trustees pursuant to this section. All nonconservation
   60  land use plans, whether for single-use or multiple-use
   61  properties, must shall be managed to provide the greatest
   62  benefit to the state. Plans for managed areas larger than 1,000
   63  acres must shall contain an analysis of the multiple-use
   64  potential of the property which includes the potential of the
   65  property to generate revenues to enhance the management of the
   66  property. In addition, the plan must shall contain an analysis
   67  of the potential use of private land managers to facilitate the
   68  restoration or management of these lands and whether
   69  nonconservation lands would be more appropriately transferred to
   70  the county or municipality in which the land is located for the
   71  purpose of providing affordable multifamily rental housing that
   72  meets the criteria of s. 420.0004(3). If a newly acquired
   73  property has a valid conservation plan that was developed by a
   74  soil and water conservation district, such plan must shall be
   75  used to guide management of the property until a formal land use
   76  plan is completed.
   77         (a) State conservation lands must shall be managed to
   78  ensure the conservation of this state’s plant and animal species
   79  and to ensure the accessibility of state lands for the benefit
   80  and enjoyment of all people of this state, both present and
   81  future. Each land management plan for state conservation lands
   82  must shall provide a desired outcome, describe both short-term
   83  and long-term management goals, and include measurable
   84  objectives to achieve those goals. Short-term goals must shall
   85  be achievable within a 2-year planning period, and long-term
   86  goals must shall be achievable within a 10-year planning period.
   87  These short-term and long-term management goals are shall be the
   88  basis for all subsequent land management activities.
   89         (b) Short-term and long-term management goals for state
   90  conservation lands must shall include measurable objectives for
   91  the following, as appropriate:
   92         1. Habitat restoration and improvement.
   93         2. Public access and recreational opportunities.
   94         3. Hydrological preservation and restoration.
   95         4. Sustainable forest management.
   96         5. Exotic and invasive species maintenance and control.
   97         6. Capital facilities and infrastructure.
   98         7. Cultural and historical resources.
   99         8. Imperiled species habitat maintenance, enhancement,
  100  restoration, or population restoration.
  101         (c) The land management plan must shall, at a minimum,
  102  contain the following elements:
  103         1. A physical description of the land.
  104         2. A quantitative data description of the land which
  105  includes an inventory of forest and other natural resources;
  106  exotic and invasive plants; hydrological features;
  107  infrastructure, including recreational facilities; and other
  108  significant land, cultural, or historical features. The
  109  inventory must shall reflect the number of acres for each
  110  resource and feature, when appropriate. The inventory must shall
  111  be of such detail that objective measures and benchmarks can be
  112  established for each tract of land and monitored during the
  113  lifetime of the plan. All quantitative data collected must shall
  114  be aggregated, standardized, collected, and presented in an
  115  electronic format to allow for uniform management reporting and
  116  analysis. The information collected by the Department of
  117  Environmental Protection pursuant to s. 253.0325(2) must shall
  118  be available to the land manager and his or her assignee.
  119         3. A detailed description of each short-term and long-term
  120  land management goal, the associated measurable objectives, and
  121  the related activities that are to be performed to meet the land
  122  management objectives. Each land management objective must be
  123  addressed by the land management plan, and if practicable, a
  124  land management objective may not be performed to the detriment
  125  of the other land management objectives.
  126         4. A schedule of land management activities which contains
  127  short-term and long-term land management goals and the related
  128  measurable objective and activities. The schedule must shall
  129  include for each activity a timeline for completion,
  130  quantitative measures, and detailed expense and manpower
  131  budgets. The schedule must shall provide a management tool that
  132  facilitates development of performance measures.
  133         5. A summary budget for the scheduled land management
  134  activities of the land management plan. For state lands
  135  containing or anticipated to contain imperiled species habitat,
  136  the summary budget shall include any fees anticipated from
  137  public or private entities for projects to offset adverse
  138  impacts to imperiled species or such habitat, which fees must
  139  shall be used solely to restore, manage, enhance, repopulate, or
  140  acquire imperiled species habitat. The summary budget must shall
  141  be prepared in such manner that it facilitates computing an
  142  aggregate of land management costs for all state-managed lands
  143  using the categories described in s. 259.037(3).
  144         (d) Upon completion, the land management plan must be
  145  transmitted to the Acquisition and Restoration Council for
  146  review. Within The council shall have 90 days after receipt of
  147  the plan, the council shall to review the plan and submit its
  148  recommendations to the board of trustees. During the review
  149  period, the land management plan may be revised if agreed to by
  150  the primary land manager and the council taking into
  151  consideration public input. The land management plan becomes
  152  effective upon approval by the board of trustees.
  153         (e) Land management plans are to be updated every 10 years
  154  on a rotating basis. Each updated land management plan must
  155  identify any conservation lands under the plan, in part or in
  156  whole, that are no longer needed for conservation purposes and
  157  could be disposed of in fee simple or with the state retaining a
  158  permanent conservation easement.
  159         (f) In developing or updating land management plans, at
  160  least one public hearing must shall be held in any one affected
  161  county.
  162         (g) The Division of State Lands shall make available to the
  163  public at least 30 days before the public hearing required by
  164  paragraph (f) an electronic copy of each land management plan
  165  for parcels that exceed 160 acres in size and for parcels
  166  located within a state park. The division shall review each plan
  167  for compliance with the requirements of this subsection, the
  168  requirements of chapter 259, and the requirements of the rules
  169  adopted by the board of trustees pursuant to this section. The
  170  Acquisition and Restoration Council shall also consider the
  171  propriety of the recommendations of the managing entity with
  172  regard to the future use of the property, the protection of
  173  fragile or nonrenewable resources, the potential for alternative
  174  or multiple uses not recognized by the managing entity, and the
  175  possibility of disposal of the property by the board of
  176  trustees. After its review, the council shall submit the plan,
  177  along with its recommendations and comments, to the board of
  178  trustees. The council shall specifically recommend to the board
  179  of trustees whether to approve the plan as submitted, approve
  180  the plan with modifications, or reject the plan. If the council
  181  fails to make a recommendation for a land management plan, the
  182  Secretary of Environmental Protection, Commissioner of
  183  Agriculture, or executive director of the Fish and Wildlife
  184  Conservation Commission or their designees must shall submit the
  185  land management plan to the board of trustees.
  186         (h) The board of trustees shall consider the land
  187  management plan submitted by each entity and the recommendations
  188  of the Acquisition and Restoration Council and the Division of
  189  State Lands and shall approve the plan with or without
  190  modification or reject such plan. The use or possession of any
  191  such lands which that is not in accordance with an approved land
  192  management plan is subject to termination by the board of
  193  trustees.
  194         (i)1. State nonconservation lands must shall be managed to
  195  provide the greatest benefit to the state. State nonconservation
  196  lands may be grouped by similar land use types under one land
  197  use plan. Each land use plan must shall, at a minimum, contain
  198  the following elements:
  199         a. A physical description of the land to include any
  200  significant natural or cultural resources as well as management
  201  strategies developed by the land manager to protect such
  202  resources.
  203         b. A desired development outcome.
  204         c. A schedule for achieving the desired development
  205  outcome.
  206         d. A description of both short-term and long-term
  207  development goals.
  208         e. A management and control plan for invasive nonnative
  209  plants.
  210         f. A management and control plan for soil erosion and soil
  211  and water contamination.
  212         g. Measurable objectives to achieve the goals identified in
  213  the land use plan.
  214         2. Short-term goals shall be achievable within a 5-year
  215  planning period and long-term goals shall be achievable within a
  216  10-year planning period.
  217         3. The use or possession of any such lands that is not in
  218  accordance with an approved land use plan is subject to
  219  termination by the board of trustees.
  220         4. Land use plans submitted by a manager shall include
  221  reference to appropriate statutory authority for such use or
  222  uses and shall conform to the appropriate policies and
  223  guidelines of the state land management plan.
  224         Section 3. Section 258.004, Florida Statutes, is amended to
  225  read:
  226         258.004 Duties of division.—
  227         (1) It shall be the duty of The Division of Recreation and
  228  Parks of the Department of Environmental Protection shall:
  229         (a) to Supervise, administer, regulate, and control the
  230  operation of all public parks, including all monuments,
  231  memorials, sites of historic interest and value, and sites of
  232  archaeological interest and value which are owned, or which may
  233  be acquired, by the state, or to the operation, development,
  234  preservation, and maintenance of which the state may have made
  235  or may make contribution or appropriation of public funds for
  236  their operation, development, preservation, and maintenance.
  237         (b)(2) The Division of Recreation and Parks shall Preserve,
  238  manage, regulate, and protect all parks and recreational areas
  239  held by the state. The Division of Recreation and Parks and may
  240  provide these services by contract or interagency agreement for
  241  any water management district when the governing board of a
  242  water management district designates or sets aside any park or
  243  recreation area within its boundaries. All lands managed
  244  pursuant to this chapter must be:
  245         1. Managed in a manner that will provide the greatest
  246  combination of benefits to the public and to the land’s natural
  247  resources; and
  248         2. Managed for conservation-based public outdoor
  249  recreational uses; public access and related amenities,
  250  including roads, parking areas, walkways, and visitor centers;
  251  and scientific research, including archaeology. Such uses must
  252  be managed in a manner that is compatible with and that ensures
  253  the conservation of this state’s natural resources by minimizing
  254  impacts to undisturbed habitat and using disturbed upland
  255  regions to the maximum extent practicable. As used in this
  256  subparagraph, the term “conservation-based public outdoor
  257  recreational uses” includes fishing, camping, bicycling, hiking,
  258  nature study, swimming, boating, canoeing, horseback riding,
  259  diving, birding, sailing, jogging, and similar conservation
  260  based public recreational uses. The term does not include sports
  261  that require sporting facilities, such as golf courses, tennis
  262  courts, pickleball courts, ball fields, and other similar
  263  facilities.
  264         (c)(3) The Division of Recreation and Parks shall Study and
  265  appraise the recreational recreation needs of the state and
  266  assemble and disseminate information relative to recreation.
  267         (d)(4) The Division of Recreation and Parks shall Provide
  268  consultation assistance to local governing units as to the
  269  protection, organization, and administration of local recreation
  270  systems and the planning and design of local recreational
  271  recreation areas and facilities.
  272         (e)(5) The Division of Recreation and Parks shall Assist in
  273  recruiting, training, and placing recreation personnel.
  274         (f)(6) The Division of Recreation and Parks shall Sponsor
  275  and promote recreation institutes, workshops, seminars, and
  276  conferences throughout this the state.
  277         (g)(7) The Division of Recreation and Parks shall Cooperate
  278  with state and federal agencies, private organizations, and
  279  commercial and industrial interests in the promotion of a state
  280  recreation program.
  281         (2)(8) This part shall be enforced by The Division of Law
  282  Enforcement of the Department of Environmental Protection and
  283  its officers and by the Division of Law Enforcement of the Fish
  284  and Wildlife Conservation Commission and its officers shall
  285  enforce this part.
  286         Section 4. Present subsection (5) of section 258.007,
  287  Florida Statutes, is redesignated as subsection (7), a new
  288  subsection (5) and subsection (6) are added to that section, and
  289  subsection (3) of that section is amended, to read:
  290         258.007 Powers of division.—
  291         (3)(a) The division may, as consistent with s. 258.004,
  292  grant privileges, leases, concessions, and permits for the use
  293  of land for the accommodation of visitors in the various parks,
  294  monuments, and memorials in accordance with all of the following
  295  provisions:
  296         1. , provided no Natural curiosities or objects of interest
  297  may not shall be granted, leased, or rented on such terms that
  298  as shall deny or interfere with free access to them by the
  299  public.;
  300         2. provided further, Such grants, leases, and permits may
  301  be made and given without advertisement or securing competitive
  302  bids.; and
  303         3. provided further, that no Such grants, leases, and
  304  permits may not grant, lease, or permit shall be assigned or
  305  transferred by any grantee without consent of the division.
  306         (b) Notwithstanding paragraph (a), after May 1, 2014, the
  307  division may not grant new concession agreements for the
  308  accommodation of visitors in a state park that provides beach
  309  access and contains less than 7,000 feet of shoreline if the
  310  type of concession is available within 1,500 feet of the park’s
  311  boundaries. This paragraph does not apply to concession
  312  agreements for accommodations offered at a park on or before May
  313  1, 2014. This paragraph shall take effect upon this act becoming
  314  a law.
  315         (5) The division may acquire, install, or permit the
  316  installation or operation at state parks of camping cabins that
  317  have a maximum occupancy of six guests. The installation and
  318  operation of camping cabins must be compatible with the state
  319  park’s land management plan and must be approved pursuant to s.
  320  253.034(5). Camping cabins must, to the maximum extent
  321  practicable, be sited to avoid impacts to a state park’s
  322  critical habitat and natural and historical resources.
  323         (6) The division may not authorize uses or construction
  324  activities, including the building or alteration of structures,
  325  within a state park which may cause significant harm to the
  326  resources of the state park. Any use or any construction
  327  activity must, to the maximum extent practicable, be conducted
  328  in a manner that avoids impacts to a state park’s critical
  329  habitat and natural and historical resources. The division may
  330  not install or permit the installation at state parks of any
  331  lodging establishment as defined in s. 509.242.
  332         Section 5. Paragraphs (b) and (c) of subsection (8) of
  333  section 259.032, Florida Statutes, are amended to read:
  334         259.032 Conservation and recreation lands.—
  335         (8)
  336         (b) Individual management plans required by s. 253.034(5),
  337  for parcels over 160 acres and for parcels located within a
  338  state park, must shall be developed with input from an advisory
  339  group.
  340         1. Members of the this advisory group shall include, at a
  341  minimum, representatives of the lead land managing agency,
  342  comanaging entities, local private property owners, the
  343  appropriate soil and water conservation district, a local
  344  conservation organization, and a local elected official. If
  345  habitat or potentially restorable habitat for imperiled species
  346  is located on state lands, the Fish and Wildlife Conservation
  347  Commission and the Department of Agriculture and Consumer
  348  Services must shall be included on any advisory group required
  349  under chapter 253, and the short-term and long-term management
  350  goals required under chapter 253 must advance the goals and
  351  objectives of imperiled species management without restricting
  352  other uses identified in the management plan.
  353         2. The advisory group shall conduct at least one public
  354  hearing within the county in which the parcel or project is
  355  located. For those parcels or projects that are within more than
  356  one county, at least one areawide public hearing is shall be
  357  acceptable and the lead managing agency shall invite a local
  358  elected official from each county. The areawide public hearing
  359  must shall be held in the county in which the core parcels are
  360  located. At least 30 days before the public hearing, notice of
  361  the such public hearing must shall be posted on the parcel or
  362  project designated for management, advertised in a paper of
  363  general circulation, and announced at a scheduled meeting of the
  364  local governing body before the actual public hearing.
  365         3. The management prospectus required pursuant to paragraph
  366  (7)(b) must shall be available to the public for a period of 30
  367  days before the public hearing.
  368         (c) Once a plan is adopted, the managing agency or entity
  369  shall update the plan at least every 10 years in a form and
  370  manner adopted by rule of the board. Such updates, for parcels
  371  over 160 acres and for parcels located within a state park, must
  372  shall be developed with input from an advisory group. Such plans
  373  may include transfers of leasehold interests to appropriate
  374  conservation organizations or governmental entities designated
  375  by the council for uses consistent with the purposes of the
  376  organizations and the protection, preservation, conservation,
  377  restoration, and proper management of the lands and their
  378  resources. Volunteer management assistance is encouraged,
  379  including, but not limited to, assistance by youths
  380  participating in programs sponsored by state or local agencies,
  381  by volunteers sponsored by environmental or civic organizations,
  382  and by individuals participating in programs for committed
  383  delinquents and adults.
  384  
  385  By July 1 of each year, each governmental agency and each
  386  private entity designated to manage lands shall report to the
  387  Secretary of Environmental Protection on the progress of
  388  funding, staffing, and resource management of every project for
  389  which the agency or entity is responsible.
  390         Section 6. By December 1, 2025, the Department of
  391  Environmental Protection shall submit a report to the Governor,
  392  the President of the Senate, and the Speaker of the House of
  393  Representatives which includes all of the following information
  394  regarding the state park system:
  395         (1) The number of state parks with amenities or areas that
  396  have limited use or are temporarily closed due to needed repairs
  397  or inadequate infrastructure necessary to support conservation
  398  based public recreation uses.
  399         (2) The system’s estimated budget allocation expenditures
  400  for the 2023-2024 fiscal year, broken down by salaries and
  401  benefits, equipment costs, and contracting costs for the
  402  following categories: operations, maintenance and repair, park
  403  improvement, and administrative overhead.
  404         (3) The estimated costs associated with the facility
  405  maintenance backlog by each state park, including a plan to
  406  reduce or eliminate the facility maintenance backlog for the
  407  state park system by July 1, 2035, to ensure access to and the
  408  safe enjoyment of such public lands for the residents of this
  409  state and its visitors.
  410         Section 7. This act shall take effect July 1, 2025.