WHAT IT IS: Landowners voluntarily sell land to a private landowner or a qualified government agency or nonprofit organization. Also, a qualified government agency or nonprofit organization can buy controlling interest in property.

HOW IT WORKS: There are three types of fee simple transactions: an outright sale, a sale/lease-back agreement or a sale/sale-back agreement

The least complicated type of fee simple transaction is an outright sale. The owner of a piece of property transfers title to another party. The buyer holds all rights commonly associated with property or ownership, including possession. Local governments typically use this technique to acquire land for public projects, such as parks, river corridors, water treatment plants and reservoirs.

In a sale/lease-back agreement, a piece of land is sold, then the buyer leases it to the original owner or another party. Leases should be for at least five years to allow landowners time to make improvements on the land and to give them the opportunity for more stable long-term planning. The agreement can also include an option for the leasee to purchase the property at a fixed price. (See sample agreement in Appendix B.)

In a sale/sale-back agreement, the land is sold, then the purchaser sells it back to the original owner or another party, usually with restrictions. (See sample agreement in Appendix C.)

Qualified government agencies and nonprofit conservation organizations, such as land trusts, can acquire controlling interests in property instead of buying the land outright. The transaction usually involves land that individuals or organizations are interested in protecting but do not have funding available to do so. The buyer, acting as a third party, acquires a controlling interest in the property for a period of time, often with an option contract, for little direct cost. The contract is assigned to the entity originally interested in acquiring the land when that entity is able to purchase the property.

1. The Division may enter into an acquisition agreement with a water management district, a local government or an organization as defined in Section 259.041 (7)(e), F.S., for any property which has been authorized for acquisition pursuant to Section 235.025, F.S.

2. The Division and a cooperating agency (water management district, local government or organization as defined in Section 259.041 (7)(e), ES.) must execute an acquisition agreement prior to the cooperating agency obtaining title to, or any other legal interest in, the property to be acquired.

3. An acquisition agreement may provide for the sharing of appraisals, offers and other negotiation matters between the Division and cooperating agency (water management district, local government or organization as defined in Section 259.041 (7)(e), ES.). However, as a condition of the sharing of such confidential information, the cooperating agency must agree to maintain the confidentiality of appraisals, offers and other negotiation matters, as required by Section 253.025, ES. and this rule; and identify the individuals within the cooperating agency who will have access to confidential information; and obtain the consent of the Division prior to disclosing the information to any othcr person.

ADVANTAGES: Private land transactions place few direct financial burdens on municipal resources; the seller benefits by receiving money from the sale and the buyer benefits by having control over how the land is used. With a sale/lease-back agreement, the purchaser can recoup a small portion of the purchase price.

DISADVANTAGES: The costs associated with fee simple transactions can be high because land is generally purchased at its full market value; there is no assurance that land sold in the private market will not be developed; land purchased for conservation purchases may be taken out of agricultural production; the cost of managing land that is acquired can be high; private individuals may not be able to secure adequate financing to acquire land; and public acquisition of land removes land and its value from the county tax roll, which can affect other property owners and county budgets.

EXAMPLES: Most land protection in Florida results from outright purchases by government agencies. Florida's Preservation 2000 program earmarks $300 million annually for land acquisitions during the 1990s, making it the most ambitious state land acquisition program in the country. The funding is used for seven programs, including three that acquire land to protect water resources or threatened and endangered species habitat: the Conservation and Recreation Lands program, which is allocated $175 million annually; Save Our Rivers, $90 million; and~the Wildlife Management Areas program, $8.7 million.

Projects funded by the Conservation and Recreation Lands program, commonly called CARL, must serve at least one of the following purposes:

* To conserve and protect environmentally unique and irreplaceable lands that contain native, relatively unaltered, flora and fauna representing a natural area unique to, or scarce within, a region of Florida or a larger geographic area.

To conserve and protect lands within designated areas of critical state concern, if the proposed acquisition relates to the natural resource protection purposes of the designation.

* To conserve and protect native species habitat or endangered or threatened species.

* To conserve, protect, manage or restore important ecosystems, landscapes and forests, if the protection and conservation of such lands are necessary to enhance or protect significant surface water, ground water, coastal, recreational, timber, or fish or wildlife resources that cannot otherwise be accomplished through local and state regulatory programs.

To provide areas, including recreational trails, for natural resource-based recreation.

* To preserve significant archaeological or historic sites.

The CARL program is administered by the DEP The DEP's Land Acquisition Advisory Council identifies the properties to be acquired. The DEP's Bureau of Land Acquisition negotiates the acquisitions and provides primary staff support for the acquisition of CARL projects. The Board of Trustees of the Internal Improvement Trust Fund (consisting of the governor and state Cabinet members) oversees land acquisition activities and allocates money from the CARL trust fund.

Application forms for proposed acquisitions are available from CARL, located at the DEP's Tallahassee headquarters. (See application in Appendix D.) The one-page form, maps and aerial photographs, a general description of the land and the appropriate ownership and tax forms are submitted to the DEP, which forwards the information to the council. The annual deadline is December 31. Some proposals must undergo detailed resource assessment before being approved. The Board of Trustees of the Internal Improvement Trust Fund gives final approval. More information about the program can be found in the CARL Annual Report, which is available for $12 from the DEP.

Once approved, CARL projects can be expanded to include neighboring properties. To be considered for expansion, a Boundary Modification Form must be completed and submitted to the DEP There is no deadline. (See fonn in Appendix E.) The Land Acquisition Advisory Council uses the following criteria in determining if the project should be expanded:

* Tax valuation of the proposed addition is less than $500,000 or

* Acreage of the proposed addition is less than 10 percent of the size of the existing project boundary, including areas previously acquired; and tax valuation or estimated acquisition cost, whichever is less, of the proposed addition is less than 10 percent of the existing tax valuation, including a prorated tax valuation for areas within the boundary that are in public ownership or

* The council directs or has directed that a project design be prepared for an older project that has never undergone project design analysis or

* The council previously approved a project design that identified areas for possible future expansion or otherwise indicated an intent to modify project boundaries at some future time or

* The proposed addition meets the criteria for emergency acquisitions pursuant to 253.025 (15), ES. or

* Two or more council members write the chairman requesting consideration of a proposed boundary modification.

The Save Our Rivers program, also administered by the DEP acquires fee title or less-than-fee title interest in lands needed for water supply, water management and the protection and conservation of water resources. Secondary evaluation criteria include land management, habitat and species diversity, continuity, rarity, vulnerability and recreation potential. Funding for this program is disbursed to five water management districts: South Florida, Southwest Florida, St. Johns River, Suwannee River and Northwest Florida. Each district publishes a five-year acquisition plan listing major projects to be funded. Interested applicants should contact the appropriate water management district. (See application from the Suwannee River Water Management District in Appendix F.)

The Florida Game and Fresh Water Fish Commission's (GFC) Land Acquisition Program acquires lands that are inholdings or additions to state-owned, GFC-managed areas. Most of the land acquired is adjacent to Type I Wildlife Management Areas or Wildlife and Environmental Areas. These are lands with quality wildlife habitat which are managed for public recreation by the GFC in cooperation with private landowners or state and federal government agencies. The GFC inholdings and additions program is funded through Preservation 2000 and has allowed the purchase of over 23,000 acres of wildlife habitat. Prospective properties for acquisition that are inholdings or additions to the GFC managed areas should be submitted to the GFC. The properties will be evaluated by the GFC's Preservation 2000 selection committee and submitted each July to the GFC's five Commissioners for approval.

CONTACTS

(See Appendix A for addresses and phone numbers)

CARL PROGRAM - GENERAL INFORMATION:

Florida Department of Environmental Protection (Division of State Lands, Office of Environmental Services)

CARL PROGRAM - WHO IDENTIFIES PROPERTIES TO BE ACQUIRED:

Florida Department of Environmental Protection (Division of State Lands, Land Acquisition Advisory Council)

CARL PROGRAM - WHO NEGOTIATES PROPERTIES TO BE ACQUIRED:

Florida Department of Environmental Protection (Division of State Lands, Bureau of Land Acquisition)

CARL PROGRAM - WHO ALLOCATES FUNDS:

Florida Department of Environmental Protection (Division of State Lands, Board of Trustees of Internal Improvement Trust Fund)

SAVE OUR RIVERS PROGRAM - GENERAL INFORMATION:

Florida Department of Environmental Protection (Division of State Lands)

SAVE OUR RIVERS PROGRAM - WHO ALLOCATES FUNDS:

Northwest Florida Water Management District

St. Johns River Water Management District

South Florida Water Management District

Southwest Florida Water Management District

Suwannee River Water Management District

FLORIDA GAME AND FRESH WATER FISH COMMISSION LAND ACQUISITION PROGRAM:

Florida Game and Fresh Water Fish Commission

MULTI-PARTY ACQUISITIONS: