Bill Text: FL S1622 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Lands Used for Governmental Purposes
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to CS/CS/HB 1173 [S1622 Detail]
Download: Florida-2018-S1622-Introduced.html
Bill Title: Lands Used for Governmental Purposes
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to CS/CS/HB 1173 [S1622 Detail]
Download: Florida-2018-S1622-Introduced.html
Florida Senate - 2018 SB 1622 By Senator Flores 39-00920B-18 20181622__ 1 A bill to be entitled 2 An act relating to lands used for governmental 3 purposes; amending s. 253.025, F.S.; specifying the 4 authority of the Division of State Lands within the 5 Department of Environmental Protection to acquire 6 lands from an annual list provided by the Department 7 of Economic Opportunity and the Florida Defense 8 Support Task Force for the purpose of buffering 9 military installations against encroachment; providing 10 requirements for the annual list; providing conditions 11 under which specified appraisal standards are required 12 for such lands; authorizing such lands to be leased or 13 conveyed for less than appraised value to military 14 installations; providing requirements for such leasing 15 and conveyance; authorizing the use of certain funding 16 sources for the immediate acquisition of lands that 17 prevent or satisfy private property rights claims 18 within areas of critical state concern; providing 19 procedures for estimating the value of such lands 20 under certain conditions; amending s. 380.0666, F.S.; 21 authorizing land authorities to contribute tourist 22 impact tax revenues to counties for the construction, 23 redevelopment, and preservation of certain affordable 24 housing; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsections (21) and (22) of section 253.025, 29 Florida Statutes, are amended to read: 30 253.025 Acquisition of state lands.— 31 (21)(a) The board of trustees, through its agent, the 32 Division of State Lands within the Department of Environmental 33 Protection, may acquire, pursuant to s. 288.980(2)(b), 34 nonconservation lands from the annual list submitted by the 35 Department of Economic Opportunity for the purpose of buffering 36 a military installation against encroachment. 37 (b) The Department of Economic Opportunity shall annually 38 by October 1 request military installations in the state to 39 provide the department with a list of base buffering 40 encroachment lands for fee simple or less-than-fee simple 41 acquisitions. 42 (c) The Florida Defense Support Task Force shall analyze 43 the list of base buffering encroachment lands submitted by the 44 military installations and provide its recommendations for 45 ranking the lands to the Department of Economic Opportunity. 46 (d) The Department of Economic Opportunity shall submit the 47 final list of base buffering encroachment lands to the Division 48 of State Lands, which may acquire the lands pursuant to this 49 section. At a minimum, the annual list must contain for each 50 land: 51 1. A legal description of the land and its property 52 identification number; 53 2. A detailed map of the land; and 54 3. A management and monitoring agreement to ensure the land 55 serves a base buffering purpose. 56 (e) If federal partnership funds are available before the 57 land is acquired, Yellow Book appraisal standards must be 58 applied and the appraised value must be disclosed to the seller. 59 (f) As authorized by the Division of State Lands on behalf 60 of the board of trustees, and in agreement with the benefiting 61 military installation, the land may be leased or conveyed at 62 less than appraised value to the installation after its 63 acquisition in accordance with the installation’s procedures and 64 the laws of this state. The management and monitoring of the 65 land must be provided by the installation or another 66 governmental entity. 67 (g) A conveyance at less than appraised value must state 68 that the land will revert to the board of trustees if the land 69 is not used for its intended purposes as a military installation 70 buffer or if the military installation closes. 71 (22)(a) The board of trustees, by an affirmative vote of at 72 least three members, may direct the department to purchase lands 73 on an immediate basis using up to 15 percent of the funds 74 allocated to the department pursuant to s. 259.105 or using 75 other appropriate funding sources for the acquisition of lands 76 that: 77 1.(a)Are listed or placed at auction by the Federal 78 Government as part of the Resolution Trust Corporation sale of 79 lands from failed savings and loan associations; 80 2.(b)Are listed or placed at auction by the Federal 81 Government as part of the Federal Deposit Insurance Corporation 82 sale of lands from failed banks;or83 3.(c)Will be developed or otherwise lost to potential 84 public ownership, or for which federal matching funds will be 85 lost, by the time the land can be purchased under the program 86 within which the land is listed for acquisition; or 87 4. Will prevent or satisfy private property rights claims 88 resulting from limitations imposed by the designation of an area 89 of critical state concern pursuant to chapter 380. 90 91 For such acquisitions, the board of trustees may waive or modify 92 all procedures required for land acquisition pursuant to this 93 chapter and all competitive bid procedures required pursuant to 94 chapters 255 and 287. Lands acquired pursuant to this subsection 95 must, at the time of purchase, be within an area of critical 96 state concern designated pursuant to chapter 380, be on one of 97 the acquisition lists established pursuant to chapter 259, or be 98 essential for water resource development, protection, or 99 restoration, or a significant portion of the lands must contain 100 natural communities or plant or animal species that are listed 101 by the Florida Natural Areas Inventory as critically imperiled, 102 imperiled, or rare, or as excellent quality occurrences of 103 natural communities. 104 (b) For the purposes of this subsection, if a parcel is 105 estimated to be worth $500,000 or less and the director of the 106 Division of State Lands finds that the cost of an outside 107 appraisal is not justified, a comparable sales analysis, an 108 appraisal prepared by the division, or other reasonably prudent 109 procedure may be used by the division to estimate the value of 110 the land, provided the public interest is reasonably protected. 111 Section 2. Subsection (3) of section 380.0666, Florida 112 Statutes, is amended to read: 113 380.0666 Powers of land authority.—The land authority shall 114 have all the powers necessary or convenient to carry out and 115 effectuate the purposes and provisions of this act, including 116 the following powers, which are in addition to all other powers 117 granted by other provisions of this act: 118 (3) To acquire and dispose of real and personal property or 119 any interest therein when such acquisition is necessary or 120 appropriate to protect the natural environment, provide public 121 access or public recreational facilities, preserve wildlife 122 habitat areas, provide affordable housing to families whose 123 income does not exceed 160 percent of the median family income 124 for the area, prevent or satisfy private property rights claims 125 resulting from limitations imposed by the designation of an area 126 of critical state concern, or provide access to management of 127 acquired lands; to acquire interests in land by means of land 128 exchanges; to contribute tourist impact tax revenues received 129 pursuant to s. 125.0108 to the county in which it is located and 130 its most populous municipality or the housing authority of such 131 county or municipality, at the request of the county commission 132 or the commission or council of such municipality, for the 133 construction, redevelopment, or preservation of affordable 134 housing in an area of critical state concern within such 135 municipality or any other area of the county; to contribute 136 funds to the Department of Environmental Protection for the 137 purchase of lands by the department; and to enter into all 138 alternatives to the acquisition of fee interests in land, 139 including, but not limited to, the acquisition of easements, 140 development rights, life estates, leases, and leaseback 141 arrangements. However, the land authority shall make an 142 acquisition or contribution only if: 143 (a) Such acquisition or contribution is consistent with 144 land development regulations and local comprehensive plans 145 adopted and approved pursuant to this chapter; 146 (b) The property acquired is within an area designated as 147 an area of critical state concern at the time of acquisition or 148 is within an area that was designated as an area of critical 149 state concern for at least 20 consecutive years beforeprior to150 removal of the designation; 151 (c) The property to be acquired has not been selected for 152 purchase through another local, regional, state, or federal 153 public land acquisition program. Such restriction doesshallnot 154 apply if the land authority cooperates with the other public 155 land acquisition programs which listed the lands for 156 acquisition, to coordinate the acquisition and disposition of 157 such lands. In such cases, the land authority may enter into 158 contractual or other agreements to acquire lands jointly or for 159 eventual resale to other public land acquisition programs; and 160 (d) The acquisition or contribution is not used to improve 161 public transportation facilities or otherwise increase road 162 capacity to reduce hurricane evacuation clearance times. 163 Section 3. This act shall take effect upon becoming a law.