[Footnote 1] 589.08 Land acquisition
restrictions. ---
(1) The Division of Forestry shall enter into no agreement for
the acquisition, lease, or purchase of any land or for any other purpose
whatsoever which shall pledge the credit of, or obligate in any manner
whatsoever, the state to pay any sum of money or other thing of value for such
purpose, and the said division shall not in any manner or for any purpose
pledge the credit of or obligate the state to pay any sum of money.
(2) The division may receive, hold the custody of, and exercise
the control of any lands, and set aside into a separate, distinct and
inviolable fund, the proceeds which may be derived from the sales of the
products of such lands, the use thereof in any manner, or the sale of such
lands save the 25 percent of the proceeds thereof to be paid into the State
School Fund as provided by law. The division may use and apply such funds for
the acquisition, use, custody, management, development, or improvement of any
lands vested in or subject to the control of such division. After full payment
has been made for the purchase of a state forest, to the Federal Government or
other grantor, then 15 percent of the gross receipts from a state forest shall
be paid to the county or counties in which it is located in proportion to the
acreage located in each county for use by the county or counties for school
purposes.
(3)
(a) There is established within the Division of Forestry, the
Forestry Lands Trust Fund, to be used as a nonlapsing fund for the purposes of
this subsection. The purpose of this fund is to acquire lands adjacent to or
surrounded by existing state forests, thereby improving management of state
forests for public uses.
(b) The moneys in this fund are continually appropriated for the
purposes of such land acquisition and the use, custody, management,
development, or improvement of such lands vested in or subject to the control
of the division. The fund may be credited with up to 10 percent of the annual
gross receipts from state forests.
(c) Title of all lands acquired pursuant to this subsection shall be
vested in the Board of Trustees of the Internal Improvement Trust Fund. Title
shall be accompanied by evidence of marketable title and a survey meeting
minimum technical standards for land surveys in Florida.
(d) The purchase price of land acquired pursuant to this subsection
shall not exceed the certified appraised value. Appraisal reports are
confidential and exempt from the provisions of s. 119.07(1) until an option
contract is executed or, if an option contract is not executed, 30 days before
a contract or agreement for purchase is considered for approval. If that
negotiation is terminated by the division, the appraisal report shall become
public record pursuant to s. 119.07(1). This exemption is subject to the Open
Government Sunset Review Act in accordance with [Footnote 2] s. 119.14.
(e) Land acquisition provided for in this subsection is for
voluntary, negotiated acquisition.
(f) Land acquisition costs payable from the fund shall include
payments to owners, and costs and fees associated with title work, surveys,
and appraisals required to complete an acquisition.
History: s. 3, ch. 17027, 1935; CGL 1936 Supp. 4151(10aa); s. 1, ch. 57-159; s.
2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 3, ch. 90-304; s. 9, ch. 92-4; s. 3,
ch. 95-372.
[Footnote 1] Note. Section 3, ch. 95-372, amended s. 589.08,
effective July 1, 1996, to read:
589.08 Land acquisition restrictions.
(1) The Division of Forestry shall enter into no agreement for the
acquisition, lease, or purchase of any land or for any other purpose
whatsoever which shall pledge the credit of, or obligate in any manner
whatsoever, the state to pay any sum of money or other thing of value for such
purpose, and the said division shall not in any manner or for any purpose
pledge the credit of or obligate the state to pay any sum of money.
(2) The division may receive, hold the custody of, and exercise the
control of any lands, and set aside into a separate, distinct and inviolable
fund, the proceeds which may be derived from the sales of the products of such
lands, the use thereof in any manner, or the sale of such lands save the 25
percent of the proceeds thereof to be paid into the State School Fund as
provided by law. The division may use and apply such funds for the
acquisition, use, custody, management, development, or improvement of any
lands vested in or subject to the control of such division. After full payment
has been made for the purchase of a state forest, to the Federal Government or
other grantor, then 15 percent of the gross receipts from a state forest shall
be paid to the county or counties in which it is located in proportion to the
acreage located in each county for use by the county or counties for school
purposes.
[Footnote 2] Note.
A. Repealed by s. 1, ch. 95-217.
B. Section 4, ch. 95-217, provides that "notwithstanding
any provision of law to the contrary, exemptions from chapter 119, Florida
Statutes, or chapter 286, Florida Statutes, which are prescribed by law and
are specifically made subject to the Open Government Sunset Review Act in
accordance with section 119.14, Florida Statutes, are not subject to review
under that act, and are not abrogated by the operation of that act, after
October 1, 1995."