Florida Regulations 18-2.021: Land Management Planning and Land Use Evaluation Procedures of the Acquisition and Restoration Council
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(1) The Council shall hold periodic meetings at the request of the chair. The meetings shall be recorded electronically and such records shall be preserved pursuant to Chapters 119 and 267, F.S.
(2) Responsibilities and Procedures.
(a) The responsibilities of the council shall include:
1. Reviewing each plan or sublease over 160 acres, and each surplus land determination within 60 days after receipt from the division.
2. Considering the propriety of the agency’s recommendations regarding the future use of the land, protection of fragile and non-renewable resources, maintenance and use of renewable resources.
3. Identifying the potential for alternative or multiple uses not recognized by the managing agency.
4. Identifying lands surplus to the agency’s need which could be used by or reserved for other agency use or disposed of as surplus.
5. Considering whether lands would be more appropriately owned or managed by a county or other local government and whether a sale, lease, or other conveyance would be in the interests of the State and local government.
(b) The procedures of the council shall include:
1. All management plans and subleases for areas over 160 acres in size, and all surplus land determinations shall be reviewed by the council prior to submittal to the Board. Utilizing the policies, standards, and criteria of this rule, the council shall specifically recommend to the Board whether to approve, approve with modifications, or reject a management plan, sublease, or surplus lands determination.
2. Management plans and subleases for areas less than 160 acres in size, may at the request of three (3) or more council members, be submitted to the council for review and recommendations.
3. A recommendation by the Council to the Board on management plans and subleases shall be by majority vote of those present, while a recommendation to the Board to surplus conservation lands, including land exchanges, shall be by the concurrence of at least six (6) members.
4. The use of State-owned land in a manner which is inconsistent with the existing lease or the approved land management plan, shall cause the lease to be subject to termination by the Board. The council shall recommend to the Board when such uses are not in accordance with the approved management plan or lease/agreement.
(3) Agency Duties.
(a) Primary staff support for the council shall be provided by the division, including the recording functions.
(b) The managing agency should be prepared to respond to any inquiries or issues.
(c) The managing agency shall prepare executive summaries which highlight important management facts, issues, or problems, and any public input which went into developing the plan or sublease.
(4) Management Plans. Plans submitted to the Division for Council review under the requirements of Sections 253.034 and 259.032, F.S., shall contain, where applicable to the management of resources, the following:
(a) The common name of the property.
(b) A map showing the location and boundaries of the property plus any structures or improvements to the property.
(c) The legal description and acreage of the property.
(d) The degree of title interest held by the Board, including reservations and encumbrances such as leases.
(e) The land acquisition program, if any, under which the property was acquired.
(f) The designated single use or multiple use management for the property, including other managing agencies and private land managers, if any, that could facilitate the restoration or management of the land.
(g) Proximity of property to other significant State, local, or federal land or water resources.
(h) A statement as to whether the property is within an aquatic preserve or a designated area of critical State concern or an area under study for such designation.
(i) The location and description of known and reasonably identifiable renewable and non-renewable resources of the property including, but not limited to, the following:
1. Brief description of soil types, using U.S.D.A. maps when available,
2. Archaeological and historical resources,
3. Water resources including the water quality classification for each water body and the identification of any such water body that is designated as an Outstanding Florida Water under Fl. Admin. Code R. 62-302.700,
4. Fish and wildlife and their habitat,
5. State and federally listed endangered or threatened species and their habitat,
6. Beaches and dunes,
7. Swamps, marshes and other wetlands,
8. Mineral resources, such as oil, gas and phosphate,
9. Unique natural features, such as coral reefs, natural springs, caverns, large sinkholes, virgin timber stands, scenic vistas, and natural rivers and streams, and
10. Outstanding native landscapes containing relatively unaltered flora, fauna, and geological conditions.
(j) A description of actions the agency plans to take to locate and identify unknown resources such as surveys of unknown archaeological and historical resources.
(k) The identification of resources on the property that are listed in the Natural Area Inventory.
(l) A description of past uses, including any unauthorized uses of the property.
(m) A detailed description of existing and planned use(s) of the property.
(n) For managed areas larger than 1,000 acres, an analysis of the multiple-use potential of the property. Such analysis shall include:
1. The potential of the property to generate revenues to enhance the management of the property provided that no lease, easement, or license for such revenue-generating use shall be entered into if the granting of such lease, easement, or license would adversely affect the tax exemption of the interest on any revenue bonds issued to fund the acquisition of the affected lands from gross income for federal income tax purposes, pursuant to Internal Revenue Service regulations, and
2. If the lead management agency determines that timber resource management is not in conflict with the primary management objectives of the managed area, a component or section, prepared by a qualified professional forester, that assesses the feasibility of managing timber resources pursuant to Florida Statutes § 253.036
(o) A detailed assessment of the impact of planned uses on the renewable and non-renewable resources of the property, including soil and water resources, and a detailed description of the specific actions that will be taken to protect, enhance and conserve these resources and to mitigate damage caused by such uses, including a description of how the manager plans to control and prevent soil erosion and soil or water contamination.
(p) A description of management needs and problems for the property, including:
1. Key management activities necessary to conserve and protect natural, historical and archaeological resources; to restore habitat; to control the spread of nonnative plants and animals; and to implement prescribed fire management; and other resource management activities that would enhance the natural, historical and archaeological resource values or public recreation value for which the lands were acquired,
2. A priority schedule for conducting key management activities and the other management activities, as identified in sub-subparagraph 1., above, and
3. A cost estimate for conducting key management activities and the other management activities as identified in sub-subparagraph 1. above, including recommendations for cost-effective methods of accomplishing those activities.
(q) Identification of adjacent land uses that conflict with the planned use of the property, if any.
(r) A description of legislative or executive directives that constrain the use of such property.
(s) A finding regarding whether each planned use complies with the State Lands Management Plan, particularly whether such uses represent “”balanced public utilization””, specific agency statutory authority, and other legislative or executive constraints. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000, or by calling (850)245-2784.
(t) An assessment as to whether the property, or any portion, should be declared surplus.
(u) Identification of other parcels of land within or immediately adjacent to the property that should be purchased because they are essential to management of the property.
(v) A description of the management responsibilities of each agency and how such responsibilities will be coordinated, including a provision that requires that the managing agency consult with the Division of Historical Resources, Department of State before taking actions that may adversely affect archaeological or historic resources.
(w) A statement concerning the extent of public involvement and local government participation in the development of the plan, if any, including a summary of comments and concerns expressed by the advisory group, if required by Florida Statutes § 259.032, and the management review team, if required by Florida Statutes § 259.036
(5) Policies, Standards, and Criteria. The following management policies, standards, and criteria will be used by the council to determine whether to recommend approval, approval with conditions or modifications, or to reject any agency management plan, sublease or surplus land determination.
(a) The policies, standards, and criteria that are enumerated in Fl. Admin. Code Chapter 18-2, “”Management of Uplands Vested in the Board of Trustees.””
(b) The policies, standards, and criteria that are enumerated in Fl. Admin. Code Chapter 18-21, “”Sovereignty Submerged Lands Management.””
(c) The policies, standards, and criteria that are enumerated in the “”State Lands Management Plan””. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000 or by calling (850)245-2784.
(6) Sublease Reviews.
(a) Pursuant to Florida Statutes § 253.034, an agency managing or leasing conservation lands greater than 160 acres in size from the Board shall not sublease lands without prior review by the Division and the Council and subsequent approval by the Board.
(b) All sublease requests shall be made pursuant to Fl. Admin. Code Chapter 18-2, and applicable laws governing the leasing and subleasing of State-owned lands.
(c) Subleases submitted to the Division for review shall include the following:
1. Twelve copies of all material submitted.
2. A copy of the proposed sublease.
3. A statement regarding how the sublease complements and conforms with the agency’s management plans for the subject property.
4. A statement specifically identifying how the sublease conforms to the agency’s statutory authority.
5. Identification of the sublease fees, rentals, or other charges and how these fees were established; i.e., appraised market value, negotiated, or competitive bid.
6. Identification of where the sublease revenues will be deposited and how they will be utilized by the agency.
(7) Surplus Land Determination.
(a) The Council for conservation lands, or the Division for nonconservation lands, shall review all state lands which are not actively managed by any state agency, for which a land management plan has not been completed, or are recommended for disposal by any state agency, and recommend to the Board if such lands should be disposed of.
(b) In developing a recommendation the council shall consider the following factors:
1. Environmental value including flora and fauna, geology, hydrology, and general importance to the regional ecological systems,
2. Recreational value, including potential as a state managed recreational area,
3. Cultural value,
4. Size and location, including management feasibility and relationship to other State managed areas, and
5. History and potential of revenue production.
(c) If a determination is made that a parcel of state land should be disposed of by the Board, the Council for conservation lands, or the Division for nonconservation lands, shall consider and make recommendations of the following:
1. Whether such lands would be more appropriately owned or managed by the county or other unit of local government in which the land is located, and whether any unit of local government has expressed an interest in the subject parcel.
2. Whether the property should be leased, exchanged, transferred in fee simple, or transferred with a restriction as to use, right of reversion, or other special deed provisions.
3. For conservation lands, whether the property is no longer needed for conservation purposes.
(d) For conservation lands the Council shall determine whether the request for surplusing is compatible with the resource values of and management objectives for such lands.
(e) When surplusing conservation lands as part of a land exchange, the Council also shall evaluate the lands being offered for exchange to determine if they are of equal or greater conservation benefit than the state lands and whether the exchange would result in a net-positive conservation benefit, regardless of appraised value.
Rulemaking Authority 253.03 FS. Law Implemented 253.022, 253.034 FS. History-New 6-4-96, Amended 5-15-08.
Terms Used In Florida Regulations 18-2.021
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) The responsibilities of the council shall include:
1. Reviewing each plan or sublease over 160 acres, and each surplus land determination within 60 days after receipt from the division.
2. Considering the propriety of the agency’s recommendations regarding the future use of the land, protection of fragile and non-renewable resources, maintenance and use of renewable resources.
3. Identifying the potential for alternative or multiple uses not recognized by the managing agency.
4. Identifying lands surplus to the agency’s need which could be used by or reserved for other agency use or disposed of as surplus.
5. Considering whether lands would be more appropriately owned or managed by a county or other local government and whether a sale, lease, or other conveyance would be in the interests of the State and local government.
(b) The procedures of the council shall include:
1. All management plans and subleases for areas over 160 acres in size, and all surplus land determinations shall be reviewed by the council prior to submittal to the Board. Utilizing the policies, standards, and criteria of this rule, the council shall specifically recommend to the Board whether to approve, approve with modifications, or reject a management plan, sublease, or surplus lands determination.
2. Management plans and subleases for areas less than 160 acres in size, may at the request of three (3) or more council members, be submitted to the council for review and recommendations.
3. A recommendation by the Council to the Board on management plans and subleases shall be by majority vote of those present, while a recommendation to the Board to surplus conservation lands, including land exchanges, shall be by the concurrence of at least six (6) members.
4. The use of State-owned land in a manner which is inconsistent with the existing lease or the approved land management plan, shall cause the lease to be subject to termination by the Board. The council shall recommend to the Board when such uses are not in accordance with the approved management plan or lease/agreement.
(3) Agency Duties.
(a) Primary staff support for the council shall be provided by the division, including the recording functions.
(b) The managing agency should be prepared to respond to any inquiries or issues.
(c) The managing agency shall prepare executive summaries which highlight important management facts, issues, or problems, and any public input which went into developing the plan or sublease.
(4) Management Plans. Plans submitted to the Division for Council review under the requirements of Sections 253.034 and 259.032, F.S., shall contain, where applicable to the management of resources, the following:
(a) The common name of the property.
(b) A map showing the location and boundaries of the property plus any structures or improvements to the property.
(c) The legal description and acreage of the property.
(d) The degree of title interest held by the Board, including reservations and encumbrances such as leases.
(e) The land acquisition program, if any, under which the property was acquired.
(f) The designated single use or multiple use management for the property, including other managing agencies and private land managers, if any, that could facilitate the restoration or management of the land.
(g) Proximity of property to other significant State, local, or federal land or water resources.
(h) A statement as to whether the property is within an aquatic preserve or a designated area of critical State concern or an area under study for such designation.
(i) The location and description of known and reasonably identifiable renewable and non-renewable resources of the property including, but not limited to, the following:
1. Brief description of soil types, using U.S.D.A. maps when available,
2. Archaeological and historical resources,
3. Water resources including the water quality classification for each water body and the identification of any such water body that is designated as an Outstanding Florida Water under Fl. Admin. Code R. 62-302.700,
4. Fish and wildlife and their habitat,
5. State and federally listed endangered or threatened species and their habitat,
6. Beaches and dunes,
7. Swamps, marshes and other wetlands,
8. Mineral resources, such as oil, gas and phosphate,
9. Unique natural features, such as coral reefs, natural springs, caverns, large sinkholes, virgin timber stands, scenic vistas, and natural rivers and streams, and
10. Outstanding native landscapes containing relatively unaltered flora, fauna, and geological conditions.
(j) A description of actions the agency plans to take to locate and identify unknown resources such as surveys of unknown archaeological and historical resources.
(k) The identification of resources on the property that are listed in the Natural Area Inventory.
(l) A description of past uses, including any unauthorized uses of the property.
(m) A detailed description of existing and planned use(s) of the property.
(n) For managed areas larger than 1,000 acres, an analysis of the multiple-use potential of the property. Such analysis shall include:
1. The potential of the property to generate revenues to enhance the management of the property provided that no lease, easement, or license for such revenue-generating use shall be entered into if the granting of such lease, easement, or license would adversely affect the tax exemption of the interest on any revenue bonds issued to fund the acquisition of the affected lands from gross income for federal income tax purposes, pursuant to Internal Revenue Service regulations, and
2. If the lead management agency determines that timber resource management is not in conflict with the primary management objectives of the managed area, a component or section, prepared by a qualified professional forester, that assesses the feasibility of managing timber resources pursuant to Florida Statutes § 253.036
(o) A detailed assessment of the impact of planned uses on the renewable and non-renewable resources of the property, including soil and water resources, and a detailed description of the specific actions that will be taken to protect, enhance and conserve these resources and to mitigate damage caused by such uses, including a description of how the manager plans to control and prevent soil erosion and soil or water contamination.
(p) A description of management needs and problems for the property, including:
1. Key management activities necessary to conserve and protect natural, historical and archaeological resources; to restore habitat; to control the spread of nonnative plants and animals; and to implement prescribed fire management; and other resource management activities that would enhance the natural, historical and archaeological resource values or public recreation value for which the lands were acquired,
2. A priority schedule for conducting key management activities and the other management activities, as identified in sub-subparagraph 1., above, and
3. A cost estimate for conducting key management activities and the other management activities as identified in sub-subparagraph 1. above, including recommendations for cost-effective methods of accomplishing those activities.
(q) Identification of adjacent land uses that conflict with the planned use of the property, if any.
(r) A description of legislative or executive directives that constrain the use of such property.
(s) A finding regarding whether each planned use complies with the State Lands Management Plan, particularly whether such uses represent “”balanced public utilization””, specific agency statutory authority, and other legislative or executive constraints. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000, or by calling (850)245-2784.
(t) An assessment as to whether the property, or any portion, should be declared surplus.
(u) Identification of other parcels of land within or immediately adjacent to the property that should be purchased because they are essential to management of the property.
(v) A description of the management responsibilities of each agency and how such responsibilities will be coordinated, including a provision that requires that the managing agency consult with the Division of Historical Resources, Department of State before taking actions that may adversely affect archaeological or historic resources.
(w) A statement concerning the extent of public involvement and local government participation in the development of the plan, if any, including a summary of comments and concerns expressed by the advisory group, if required by Florida Statutes § 259.032, and the management review team, if required by Florida Statutes § 259.036
(5) Policies, Standards, and Criteria. The following management policies, standards, and criteria will be used by the council to determine whether to recommend approval, approval with conditions or modifications, or to reject any agency management plan, sublease or surplus land determination.
(a) The policies, standards, and criteria that are enumerated in Fl. Admin. Code Chapter 18-2, “”Management of Uplands Vested in the Board of Trustees.””
(b) The policies, standards, and criteria that are enumerated in Fl. Admin. Code Chapter 18-21, “”Sovereignty Submerged Lands Management.””
(c) The policies, standards, and criteria that are enumerated in the “”State Lands Management Plan””. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000 or by calling (850)245-2784.
(6) Sublease Reviews.
(a) Pursuant to Florida Statutes § 253.034, an agency managing or leasing conservation lands greater than 160 acres in size from the Board shall not sublease lands without prior review by the Division and the Council and subsequent approval by the Board.
(b) All sublease requests shall be made pursuant to Fl. Admin. Code Chapter 18-2, and applicable laws governing the leasing and subleasing of State-owned lands.
(c) Subleases submitted to the Division for review shall include the following:
1. Twelve copies of all material submitted.
2. A copy of the proposed sublease.
3. A statement regarding how the sublease complements and conforms with the agency’s management plans for the subject property.
4. A statement specifically identifying how the sublease conforms to the agency’s statutory authority.
5. Identification of the sublease fees, rentals, or other charges and how these fees were established; i.e., appraised market value, negotiated, or competitive bid.
6. Identification of where the sublease revenues will be deposited and how they will be utilized by the agency.
(7) Surplus Land Determination.
(a) The Council for conservation lands, or the Division for nonconservation lands, shall review all state lands which are not actively managed by any state agency, for which a land management plan has not been completed, or are recommended for disposal by any state agency, and recommend to the Board if such lands should be disposed of.
(b) In developing a recommendation the council shall consider the following factors:
1. Environmental value including flora and fauna, geology, hydrology, and general importance to the regional ecological systems,
2. Recreational value, including potential as a state managed recreational area,
3. Cultural value,
4. Size and location, including management feasibility and relationship to other State managed areas, and
5. History and potential of revenue production.
(c) If a determination is made that a parcel of state land should be disposed of by the Board, the Council for conservation lands, or the Division for nonconservation lands, shall consider and make recommendations of the following:
1. Whether such lands would be more appropriately owned or managed by the county or other unit of local government in which the land is located, and whether any unit of local government has expressed an interest in the subject parcel.
2. Whether the property should be leased, exchanged, transferred in fee simple, or transferred with a restriction as to use, right of reversion, or other special deed provisions.
3. For conservation lands, whether the property is no longer needed for conservation purposes.
(d) For conservation lands the Council shall determine whether the request for surplusing is compatible with the resource values of and management objectives for such lands.
(e) When surplusing conservation lands as part of a land exchange, the Council also shall evaluate the lands being offered for exchange to determine if they are of equal or greater conservation benefit than the state lands and whether the exchange would result in a net-positive conservation benefit, regardless of appraised value.
Rulemaking Authority 253.03 FS. Law Implemented 253.022, 253.034 FS. History-New 6-4-96, Amended 5-15-08.