What is the Florida Forever program?
The Florida Forever program is the state’s newest blueprint for conservation of our unique natural resources. It replaces the highly successful Preservation 2000 Program (P-2000), the largest program of its kind in the United States. P-2000 was responsible for the public acquisition, and protection, of 1,781,489 acres of land. This new program is more than just an environmental land acquisition mechanism. It encompasses a wider range of goals, including: restoration of damaged environmental systems, water resource development and supply, increased public access, public lands management and maintenance, and increased protection of land by acquisition of conservation easements.

Who may propose property for state purchase by the Division’s Florida Forever program?

Anyone may nominate a project. Federal, state and local government agencies, conservation organizations or private citizens are project sponsors. However, the sponsor is required to contact every owner to let them know that their property is being proposed for state acquisition. A Florida Forever application form is available by writing to the Department of Environmental Protection, Office of Environmental Services, 3900 Commonwealth Blvd., Mail Station #140, Tallahassee, Fl, 32399-3000, or by telephone at (850)245-2784.

Who decides what lands to buy?
The Acquisition and Restoration Council consists of nine members who represent these state agencies: Department of Community Affairs; Department of Environmental Protection; Division of Forestry of the Department of Agriculture and Consumer Affairs; Florida Fish and Wildlife Conservation Commission; and the Division of Historical Resources of the Department of State. Four appointees of the Governor with backgrounds from scientific disciplines of land, water or environmental science also serve. Twice a year the Council evaluates and selects Florida Forever acquisition projects. The projects are grouped in three lists: Full Fee projects, Less-than-Fee projects, and Small Parcels projects.

After projects are approved and grouped, the overall Florida Forever list is submitted to the Governor and Cabinet for approval. The Governor and Cabinet may remove projects from the list but cannot otherwise change the list.

Who actually buys the land?

The Division of State Lands negotiates with owners and buys lands on behalf of the people of Florida. The Division, however, cannot act without the consent of the Governor and Cabinet. The Governor and Cabinet oversee the entire program by approving the list of projects recommended each year by the Council and by approving specific purchases.

How much money does the Florida Forever program receive each year to buy land?
The Division receives about $105 million annually from the sale of Florida Forever bonds. Future funding from the sale of bonds depends on legislative action, but the Florida Forever Program is scheduled to continue to the year 2010. Several other state agencies also receive Florida Forever funds each year.

Is that enough money to buy all the projects on the Florida Forever Priority List?
No, it is not enough to acquire all the projects on the Florida Forever list in any one year. The estimated market value of the properties on the list well exceeds a billion dollars.

When can an owner of property on the Florida Forever list first expect to be notified by the Division of State Lands?
Sponsors of proposed projects are required to provide proof that they notified owners before submitting an application. The Division also tries to notify owners of large tracts within new projects again before the Council ranks the list. A letter is sent that asks about an owner's willingness to consider selling his or her property. Owners of new projects are also notified before surveying and appraising work begins. A land acquisition agent again notifies owners before negotiations begin.

How does the state determine the price it will offer a land owner?
The property is appraised to estimate its market value. For most land acquisition projects, the Division hires two private sector, independent appraisers. The Division uses appraisals as a basis for negotiations. The appraisers also consider the amount of submerged lands and wetlands in relation to the uplands at the site when calculating its offer.

When are appraisals obtained?
The Division of State Lands will request permission from the owner to appraise the property. The exact timing of this request will depend on the location and resource value of the property and the availability of Florida Forever funds. The length of time of the appraisal process varies, depending on the size and the complexity of the project.

What factors do the appraisers consider when estimating value?
Appraisers look at many factors, including zoning issues, the size and location of the property, and economic conditions when reaching their estimate of market value. This estimated value is also based on comparable sales information and on the highest and best use of the subject property.

May a property owner accompany appraisers when they make a site visit?
Yes, owners are routinely invited to accompany appraisers and to discuss the property with them.
What role can a non-profit organization play?
Non-profit organizations, such as The Nature Conservancy and the Trust for Public Land, may sometimes play a role in helping the Department acquire preservation land. They may act as intermediaries with owners and may assist them with tax and estate planning issues. If you would like further information about non-profits, you should contact organizations such as The Nature Conservancy, the Trust for Public Land, The Conservation Fund, or the Land Trust Alliance.

Does being on the Florida Forever list affect property value?
No. Changes in property value through government action normally occur as a result of local government decisions involving zoning, development permits or changes in local land use plans. Being on the Florida Forever list should not trigger any such action. If lands contain significant natural or cultural resources, however, various laws, rules and ordinances may affect the use of the property. These same resource values would also attract the state's interest in acquiring the land.

Does a property owner have to sell to the state?
No, not under most circumstances. Land acquisition by the Florida Forever program is almost exclusively voluntary. Only on extremely rare occasions, when critical natural resources are endangered, or the state's ability to effectively manage adjacent state-owned land is jeopardized, does the state use the power of eminent domain. Even then, trying to acquire property by condemnation must be approved by a majority vote of the Governor and Cabinet. The state must also have made at least two bona fide offers through negotiations and show that it reached an impasse with the owner or owners. All condemnations must also be proven in court, while a jury determines the price the state will pay. The state is also required to pay all attorney fees, including those of the owner. For these reasons, the state prefers to work with willing sellers.

How can an owner keep his property off the Florida Forever list or get it removed if it is already on the list?
Any property owner can ask the state to drop his or her property from the Florida Forever list. The property owner should send a certified letter to the Acquisition and Restoration Council, at the Office of Environmental Services, 3900 Commonwealth Blvd., MS 140, Tallahassee, FL, 32399-3000. The ARC will drop that piece of property from the acquisition list, but, the Governor and the Cabinet do have the option, when they approve the acquisition list, of putting that property back on the list. That takes a supermajority vote of the Cabinet, and happens only if the property is judged to be of critical importance.

Why would the Government and Cabinet ever keep a property on the Florida Forever list if it is owned by an unwilling seller?
The state is not allowed to acquire property that is not part of the approved acquisition list. If the property has great environmental or strategic land management value and the owner does not want to sell it, the Governor and Cabinet might keep the property on the list in case the owner, or a future owner, changes his or her mind. This gives the state the option of negotiating with an owner if anything changes in the future.

What are the advantages of selling property to the state?
If an owner needs cash, the state is in a position to offer it. Even owners of large tracts can expect to receive cash because of the size of the state's land acquisition trust funds. On rare occasions and generally at the request of the owner, payment may be received in installments over a two to three year period. Selling land to the state may provide certain tax benefits as well.  An owner's decision to sell property to the state also has other, less tangible benefits. It can dramatically affect the Floridians and visitors to Florida who want to learn and experience the Florida of shady hammocks, open pine lands, rivers and springs. An owner will also have the satisfaction of knowing he or she has helped protect important ecological habitat or cultural resources.

Are there other ways to protect land without an owner selling all of his or her property rights to the state or another public entity?
Yes. Alternate methods are available in some cases, if it is in the best interests of the property owner and the State. An owner might consider a life estate. A life estate enables an owner to continue to live on the property but assures state ownership and management after his or her lifetime.
By granting or selling a conservation easement, an owner may protect important resources while also receiving certain tax advantages. A conservation easement allows the owner to retain title to the property along with certain negotiated rights, but protects the natural resource values of the property.
If an owner does not wish to sell the property at the present time, he or she could offer the state a first-right-of-refusal. That gives the state the chance to try to buy the land in the future, if circumstances change and an owner decides to put the property on the market.
These and other methods of resource protection planning can often solve the needs of the owner and also save part of Florida's natural or cultural heritage for the future.

*All photographs courtesy Callie DeHaven
 

For more information, contact:
Florida Department of Environmental Protection
Division of State Lands
Office of Environmental Services
3900 Commonwealth Blvd.
Mail Station #140
Tallahassee, FL 32399-3000
850-245-2784