Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 259.035 - Full Text and Legal Analysis
Florida Statute 259.035 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 259.035 Case Law from Google Scholar Google Search for Amendments to 259.035

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 259
LAND ACQUISITIONS FOR CONSERVATION OR RECREATION
View Entire Chapter
259.035 Acquisition and Restoration Council.
(1) There is created the Acquisition and Restoration Council.
(a) The council shall be composed of 10 voting members, 4 of whom shall be appointed by the Governor. Of these four appointees, three shall be from scientific disciplines related to land, water, or environmental sciences and the fourth shall have at least 5 years of experience in managing lands for both active and passive types of recreation. They shall serve 4-year terms, except that, initially, to provide for staggered terms, two of the appointees shall serve 2-year terms. All subsequent appointments shall be for 4-year terms. An appointee may not serve more than 6 years. The Governor may at any time fill a vacancy for the unexpired term of a member appointed under this paragraph.
(b) The four remaining appointees shall be composed of the Secretary of Environmental Protection, the director of the Florida Forest Service of the Department of Agriculture and Consumer Services, the executive director of the Fish and Wildlife Conservation Commission, and the director of the Division of Historical Resources of the Department of State, or their respective designees.
(c) One member shall be appointed by the Commissioner of Agriculture with a discipline related to agriculture including silviculture. One member shall be appointed by the Fish and Wildlife Conservation Commission with a discipline related to wildlife management or wildlife ecology.
(d) The Governor shall appoint the chair of the council, and a vice chair shall be elected from among the members.
(e) The council shall hold periodic meetings at the request of the chair.
(f) The Department of Environmental Protection shall provide primary staff support to the council and shall ensure that council meetings are electronically recorded. Such recording shall be preserved pursuant to chapters 119 and 257.
(g) The board of trustees has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.
(2) The four members of the council appointed pursuant to paragraph (a) and the two members of the council appointed pursuant to paragraph (c) shall receive reimbursement for expenses and per diem for travel, to attend council meetings, as allowed state officers and employees while in the performance of their duties, pursuant to s. 112.061.
(3) The council shall provide assistance to the board in reviewing the recommendations and plans for state-owned conservation lands required under s. 253.034 and this chapter. The council shall, in reviewing such plans, consider the optimization of multiple-use and conservation strategies to accomplish the provisions funded pursuant to former s. 259.101(3)(a), Florida Statutes 2014, and to s. 259.105(3)(b).
(4)(a) By December 1, 2016, the council shall develop rules defining specific criteria and numeric performance measures needed for lands that are to be acquired for public purpose under the Florida Forever program pursuant to s. 259.105 or with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution. These rules shall be reviewed and adopted by the board, then submitted to the Legislature for consideration by February 1, 2017. The Legislature may reject, modify, or take no action relative to the proposed rules. If no action is taken, the rules shall be implemented. Subsequent to their approval, each recipient of funds from the Land Acquisition Trust Fund shall annually report to the department on each of the numeric performance measures accomplished during the previous fiscal year.
(b) In developing or amending rules, the council shall give weight to the criteria included in s. 259.105(9). The board of trustees shall review the recommendations and shall adopt rules necessary to administer this section.
(5) An affirmative vote of five members of the council is required in order to change a project boundary or to place a proposed project on a list developed pursuant to subsection (4). Any member of the council who by family or a business relationship has a connection with all or a portion of any proposed project shall declare the interest before voting on its inclusion on a list.
(6) The proposal for a project pursuant to this section or s. 259.105(3)(b) may be implemented only if adopted by the council and approved by the board of trustees. The council shall consider and evaluate in writing the merits and demerits of each project that is proposed for acquisition using funds available pursuant to s. 28, Art. X of the State Constitution or Florida Forever funding and shall ensure that each proposed project meets the requirements of s. 28, Art. X of the State Constitution. The council also shall determine whether the project conforms, where applicable, with the comprehensive plan developed pursuant to s. 259.04(1)(a), the comprehensive multipurpose outdoor recreation plan developed pursuant to s. 375.021, the state lands management plan adopted pursuant to s. 253.03(7), the water resources work plans developed pursuant to s. 373.199, and the provisions of s. 259.032, s. 259.101, or s. 259.105, whichever is applicable.
History.s. 14, ch. 79-255; s. 3, ch. 81-210; s. 1, ch. 82-46; s. 4, ch. 82-152; s. 24, ch. 83-55; s. 3, ch. 83-114; s. 2, ch. 83-265; s. 31, ch. 86-163; s. 3, ch. 88-387; ss. 8, 9, 11, ch. 89-116; s. 5, ch. 90-217; s. 5, ch. 91-429; ss. 4, 17, ch. 92-288; s. 6, ch. 93-213; s. 3, ch. 94-240; s. 102, ch. 94-356; s. 851, ch. 95-148; s. 4, ch. 96-389; s. 7, ch. 97-164; s. 50, ch. 98-200; s. 2, ch. 98-332; s. 16, ch. 99-247; s. 9, ch. 2000-170; s. 8, ch. 2001-275; s. 10, ch. 2008-229; s. 119, ch. 2011-142; s. 5, ch. 2012-7; s. 81, ch. 2012-96; s. 21, ch. 2015-229; s. 18, ch. 2016-233.

F.S. 259.035 on Google Scholar

F.S. 259.035 on CourtListener

Amendments to 259.035


Annotations, Discussions, Cases:

Cases Citing Statute 259.035

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

City of North Miami v. Florida Defenders of the Env't, 481 So. 2d 1196 (Fla. 1985).

Published | Supreme Court of Florida | 10 Fla. L. Weekly 578, 1985 Fla. LEXIS 4026

...m the City of North Miami. The purposes for which CARL Fund monies may be spent are specifically limited in section 253.023(3), Florida Statutes (1981). The procedures for selecting those lands to be purchased with CARL Fund monies are prescribed by section 259.035, Florida Statutes (1981)....
Copy

Ago (Fla. Att'y Gen. 1980).

Published | Florida Attorney General Reports

...S., actually purchase lands with funds appropriated to or earmarked by statute for another land-acquiring and land-using agency, or does the board simply authorize the purchase of lands by the agency to which the funds are appropriated or for which the funds are earmarked? 4. Does s. 259.035 , F. S., mandate that all land acquisitions of the Department of Natural Resources be submitted to the selection committee? 5. Does s. 259.035 , F....
...S., mandate that outdoor recreation land acquisitions funded under ch. 375, F. S., be submitted to the selection committee, or are acquisitions made with moneys from the Land Acquisition Trust Fund not required to be submitted to the selection committee? 6. Does s. 259.035 , F....
...Proposals for acquisition projects under ch. 259, F. S., and s. 253.023, F. S., relating to the environmentally endangered lands program and the Conservation and Recreation Land Trust Fund, respectively, must be submitted to the selection committee established by s. 259.035 , but state agencies acquiring lands from moneys in other funds are not required to submit acquisitions of land to the committee for evaluation. Acquisitions from the Land Acquisition Trust Fund established under ss. 375.041 and 375.043, F. S., for outdoor recreation lands may be submitted to the committee pursuant to s. 259.041 (2). The provisions of s. 259.035 do not authorize or require any transfer of funds from the Conservation and Recreation Lands Trust Fund if the prescribed priority list of acquisition projects is not completed by January 1 of each year by the selection committee, nor is any penalty provided for failure to meet such deadline....
...te agency's agreement to purchase, but this does not confer on the board of trustees any authority to actually purchase lands itself with funds appropriated to another agency. AS TO QUESTIONS 4 AND 5: Section 14, ch. 79-255, Laws of Florida, created s. 259.035 , F....
...Thus, acquisitions pursuant to ch. 259 F. S., or s. 253.023, F. S., relating to the Conservation and Recreation Lands Trust Fund and the environmentally endangered lands program under the Land Conservation Act of 1972, as amended, will have to be submitted to the committee. Section 259.035 does not by its terms refer to any other acquisition of land, nor does it require any state agency acquiring lands from moneys in another fund, such as the Land Acquisition Trust Fund created by ss....
...79-255, Laws of Florida, which provides: For state capital projects for outdoor recreation lands, the provisions of chapter 375 and s. 253.025 shall apply. Land acquisition projects for outdoor recreation may be included in the priority list established [by the committee] pursuant to s. 259.035 ....
...trol, and other similar purposes. Section 375.031 (3). Acquisitions under this program from the Land Acquisition Trust Fund `may' be submitted to the committee according to s. 259.04 (2), F. S., but such submission is not required. AS TO QUESTION 6: Section 259.035 , F....
...ach year, and s. 259.04 (1)(c), F. S., requires that the board of trustees approve the list, in whole or in part, on or before March 15 of each year. To the greatest extent possible, projects on the list shall be acquired in their order of priority. Section 259.035 makes no reference to any transfer of funds....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.