Bill Amendment: FL S1622 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Lands Used for Governmental Purposes
Status: 2018-03-06 - Laid on Table, refer to CS/CS/HB 1173 [S1622 Detail]
Download: Florida-2018-S1622-Senate_Committee_Amendment_357140.html
Bill Title: Lands Used for Governmental Purposes
Status: 2018-03-06 - Laid on Table, refer to CS/CS/HB 1173 [S1622 Detail]
Download: Florida-2018-S1622-Senate_Committee_Amendment_357140.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1622 Ì357140vÎ357140 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Flores) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 71 - 162 4 and insert: 5 (22) The board of trustees, by an affirmative vote of at 6 least three members, may direct the department to purchase lands 7 on an immediate basis using up to 15 percent of the funds 8 allocated to the department pursuant to s. 259.105 for the 9 acquisition of lands that: 10 (a) Are listed or placed at auction by the Federal 11 Government as part of the Resolution Trust Corporation sale of 12 lands from failed savings and loan associations; 13 (b) Are listed or placed at auction by the Federal 14 Government as part of the Federal Deposit Insurance Corporation 15 sale of lands from failed banks;or16 (c) Will be developed or otherwise lost to potential public 17 ownership, or for which federal matching funds will be lost, by 18 the time the land can be purchased under the program within 19 which the land is listed for acquisition; or 20 (d) Will prevent or satisfy private property rights claims 21 resulting from limitations imposed by the designation of an area 22 of critical state concern pursuant to chapter 380. 23 24For such acquisitions, the board of trustees may waive or modify25all procedures required for land acquisition pursuant to this26chapter and all competitive bid procedures required pursuant to27chapters 255 and 287.Lands acquired pursuant to this subsection 28 must, at the time of purchase, be on one of the acquisition 29 lists established pursuant to chapter 259, or be essential for 30 water resource development, protection, or restoration, or a 31 significant portion of the lands must contain natural 32 communities or plant or animal species that are listed by the 33 Florida Natural Areas Inventory as critically imperiled, 34 imperiled, or rare, or as excellent quality occurrences of 35 natural communities. 36 (23) The board of trustees, by an affirmative vote of at 37 least three members, may direct the department to purchase lands 38 on an immediate basis that will prevent or satisfy private 39 property rights claims resulting from limitations imposed by the 40 designation of an area of critical state concern pursuant to 41 chapter 380. 42 (24) For acquisitions directed pursuant to subsection (22) 43 or subsection (23): 44 (a) The board of trustees may waive or modify all 45 procedures required for land acquisition pursuant to this 46 chapter and all competitive bid procedures required pursuant to 47 chapters 255 and 287; and 48 (b) If a parcel is estimated to be worth $500,000 or less 49 and the director of the Division of State Lands finds that the 50 cost of an outside appraisal is not justified, a comparable 51 sales analysis, an appraisal prepared by the division, or other 52 reasonably prudent procedure may be used by the division to 53 estimate the value of the land, provided the public interest is 54 reasonably protected. 55 (25)(23)Title to lands to be held jointly by the board of 56 trustees and a water management district and acquired pursuant 57 to s. 373.139 may be deemed to meet the standards necessary for 58 ownership by the board of trustees, notwithstanding this section 59 or related rules. 60 Section 2. Paragraph (c) of subsection (2) of section 61 288.980, Florida Statutes, is amended to read: 62 288.980 Military base retention; legislative intent; grants 63 program.— 64 (2) 65 (c) As used in this subsection, the term “nonconservation 66 lands” means lands acquired for uses other than conservation, 67 outdoor resource-based recreation, or archaeological or historic 68 preservationnot subject to acquisition by the Florida Forever69Program. 70 Section 3. Subsection (3) of section 380.0666, Florida 71 Statutes, is amended to read: 72 380.0666 Powers of land authority.—The land authority shall 73 have all the powers necessary or convenient to carry out and 74 effectuate the purposes and provisions of this act, including 75 the following powers, which are in addition to all other powers 76 granted by other provisions of this act: 77 (3) To acquire and dispose of real and personal property or 78 any interest therein when such acquisition is necessary or 79 appropriate to protect the natural environment, provide public 80 access or public recreational facilities, preserve wildlife 81 habitat areas, provide affordable housing to families whose 82 income does not exceed 160 percent of the median family income 83 for the area, prevent or satisfy private property rights claims 84 resulting from limitations imposed by the designation of an area 85 of critical state concern, or provide access to management of 86 acquired lands; to acquire interests in land by means of land 87 exchanges; to contribute tourist impact tax revenues received 88 pursuant to s. 125.0108 to the county in which it is located and 89 its most populous municipality or the housing authority of such 90 county or municipality, at the request of the county commission 91 or the commission or council of such municipality, for the 92 construction, redevelopment, or preservation of affordable 93 housing in an area of critical state concern within such 94 municipality or any other area of the county; to contribute 95 funds to the Department of Environmental Protection for the 96 purchase of lands by the department; and to enter into all 97 alternatives to the acquisition of fee interests in land, 98 including, but not limited to, the acquisition of easements, 99 development rights, life estates, leases, and leaseback 100 arrangements. However, the land authority shall make an 101 acquisition or contribution only if: 102 (a) Such acquisition or contribution is consistent with 103 land development regulations and local comprehensive plans 104 adopted and approved pursuant to this chapter; 105 (b) The property acquired is within an area designated as 106 an area of critical state concern at the time of acquisition or 107 is within an area that was designated as an area of critical 108 state concern for at least 20 consecutive years beforeprior to109 removal of the designation; 110 (c) The property to be acquired has not been selected for 111 purchase through another local, regional, state, or federal 112 public land acquisition program. Such restriction doesshallnot 113 apply if the land authority cooperates with the other public 114 land acquisition programs which listed the lands for 115 acquisition, to coordinate the acquisition and disposition of 116 such lands. In such cases, the land authority may enter into 117 contractual or other agreements to acquire lands jointly or for 118 eventual resale to other public land acquisition programs; and 119 (d) The acquisition or contribution is not used to improve 120 public transportation facilities or otherwise increase road 121 capacity to reduce hurricane evacuation clearance times. 122 (e) Land authority funds may be used to pay costs related 123 to the development and construction of affordable housing 124 projects, including but not limited to, site improvements; site 125 amenities; site infrastructure, such as roads, water, 126 wastewater, and utilities; any fees associated with gaining 127 development approval, including but not limited to building 128 permit and impact fees, and utility fees; easements; energy 129 efficiency and sustainable design features; environmental 130 mitigation; any related land acquisition, land improvement, 131 design, and engineering costs; and all other professional and 132 related costs required to bring an affordable housing project 133 into service. 134 135 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 136 And the directory clause is amended as follows: 137 Delete lines 28 - 29 138 and insert: 139 Section 1. Present subsection (23) of section 253.025, 140 Florida Statutes, is redesignated as subsection (25), 141 subsections (21) and (22) of that section are amended, and a new 142 subsection (23) and subsection (24) are added to that section, 143 to read: 144 145 ================= T I T L E A M E N D M E N T ================ 146 And the title is amended as follows: 147 Delete lines 18 - 24 148 and insert: 149 within areas of critical state concern; authorizing 150 the Board of Trustees of the Internal Improvement 151 Trust Fund to direct the department to purchase lands 152 on an immediate basis to satisfy private property 153 rights claims resulting from certain limitations; 154 authorizing the board to waive certain procedures; 155 providing procedures for estimating the value of lands 156 under a certain value under certain conditions; 157 amending s. 288.980, F.S.; redefining the term 158 “nonconservation lands”; amending s. 380.0666, F.S.; 159 authorizing land authorities to contribute tourist 160 impact tax revenues to certain counties for the 161 construction, redevelopment, and preservation of 162 certain affordable housing; authorizing land authority 163 funds to be used to pay costs related to the 164 development and construction of affordable housing 165 projects; providing an effective date.