Bill Text: FL S1714 | 2020 | Regular Session | Enrolled
Bill Title: Sale of Surplus State-owned Office Buildings and Associated Nonconservation Lands
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-06-10 - Chapter No. 2020-20 [S1714 Detail]
Download: Florida-2020-S1714-Enrolled.html
ENROLLED 2020 Legislature SB 1714 20201714er 1 2 An act relating to the sale of surplus state-owned 3 office buildings and associated nonconservation lands; 4 amending s. 215.196, F.S.; revising the purpose of the 5 Architects Incidental Trust Fund; requiring funds 6 relating to the sale of surplus state-owned office 7 buildings and associated nonconservation lands to be 8 used for certain purposes; amending s. 253.0341, F.S.; 9 revising the entities that the Board of Trustees of 10 the Internal Improvement Trust Fund must offer a lease 11 to before offering certain surplus lands for sale to 12 other specified entities; requiring an appraisal, 13 comparable sales analysis, or broker’s opinion of the 14 surplus land’s value to consider the highest and best 15 use of the property; defining the term “highest and 16 best use”; requiring funds from the sale of surplus 17 state-owned office buildings and associated 18 nonconservation lands to be deposited into the 19 Architects Incidental Trust Fund; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 215.196, Florida Statutes, is amended to 25 read: 26 215.196 Architects Incidental Trust Fund; creation; 27 assessment.— 28 (1) There is created the Architects Incidental Trust Fund 29 for the purpose of: 30 (a) Collecting all funds received through the sale of 31 surplus state-owned office buildings, as defined in s. 255.248, 32 and the nonconservation lands associated with such buildings; 33 (b) Diverting funds referenced in s. 253.0341(14)(b); and 34 (c) Providing sufficient funds for the operation of the 35 facilities development activities of the Department of 36 Management Services. 37 (2) The department mayis authorized tolevy and assess an 38 amount necessary to cover the cost of administration by the 39 department of fixed capital outlay projects on which it serves 40 as owner representative on behalf of the state. The assessment 41 rate is to be provided in the General Appropriations Act and 42 statement of intent and shall be based on estimated operating 43 cost projections for the services rendered. The total assessment 44 shall be transferred into the Architects Incidental Trust Fund 45 at the beginning of each fiscal year. 46 (3) Funds received through the sale of surplus state-owned 47 office buildings and the nonconservation lands associated with 48 such buildings must be used for the acquisition, lease, 49 planning, entitlement, design, permitting, construction, or 50 maintenance of state-owned office buildings, as defined in s. 51 255.248, and the nonconservation lands associated with such 52 buildings. 53 Section 2. Subsections (7), (8), and (14) of section 54 253.0341, Florida Statutes, are amended to read: 55 253.0341 Surplus of state-owned lands.— 56 (7) Before a building or parcel of land is offered for 57 lease or sale to a local or federal unit of government or a 58 private party, it mustshallfirst be offered for lease to state 59 agencies, state universities, and Florida College System60institutions, with priority consideration given to state61universities and Florida College System institutions.Within 6062days after the offer for lease of a surplus building or parcel,63a state university or Florida College System institution that64requests the lease must submit a plan for review and approval by65the Board of Trustees of the Internal Improvement Trust Fund66regarding the intended use, including future use, of the67building or parcel of land before approval of a lease.Within 60 68 days after the offer for lease of a surplus building or parcel, 69 a state agency that requests the lease of such facility or 70 parcel must submit a plan for review and approval by the board 71 of trustees regarding the intended use. The state agency plan 72 must, at a minimum, include the proposed use of the facility or 73 parcel, the estimated cost of renovation, a capital improvement 74 plan for the building, evidence that the building or parcel 75 meets an existing need that cannot otherwise be met, and other 76 criteria developed by rule by the board of trustees. The board 77 or its designee shall compare the estimated value of the 78 building or parcel to any submitted business plan to determine 79 if the lease or sale is in the best interest of the state. The 80 board of trustees shall adopt rules pursuant to chapter 120 for 81 the implementation of this section. 82 (8) The sale price of lands determined to be surplus 83 pursuant to this section and s. 253.82 shall be determined by 84 the Division of State Lands, which shall consider an appraisal 85 of the property or, if the estimated value of the land is 86 $500,000 or less, a comparable sales analysis or a broker’s 87 opinion of value. The value must be based on the highest and 88 best use of the property, considering all applicable 89 developmental rights, to ensure the maximum benefit and use to 90 the state as provided in s. 253.03(7)(a). The division may 91 require a second appraisal. The individual or entity that 92 requests to purchase the surplus parcel shall pay all costs 93 associated with determining the property’s value, if any. As 94 used in this subsection, the term “highest and best use” means 95 the reasonable, probable, and legal use of vacant land or an 96 improved property which is physically possible, appropriately 97 supported, financially feasible, and results in the highest 98 value. 99 (a) A written valuation of land determined to be surplus 100 pursuant to this section and s. 253.82, and related documents 101 used to form the valuation or which pertain to the valuation, 102 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 103 I of the State Constitution. 104 1. The exemption expires 2 weeks before the contract or 105 agreement regarding the purchase, exchange, or disposal of the 106 surplus land is first considered for approval by the board of 107 trustees. 108 2. Before expiration of the exemption, the Division of 109 State Lands may disclose confidential and exempt appraisals, 110 valuations, or valuation information regarding surplus land: 111 a. During negotiations for the sale or exchange of the 112 land; 113 b. During the marketing effort or bidding process 114 associated with the sale, disposal, or exchange of the land to 115 facilitate closure of such effort or process; 116 c. When the passage of time has made the conclusions of 117 value invalid; or 118 d. When negotiations or marketing efforts concerning the 119 land are concluded. 120 (b) A unit of government that acquires title to lands 121 pursuant to this section for less than appraised value may not 122 sell or transfer title to all or any portion of the lands to any 123 private owner for 10 years. A unit of government seeking to 124 transfer or sell lands pursuant to this paragraph must first 125 allow the board of trustees to reacquire such lands for the 126 price at which the board of trustees sold such lands. 127 (14)(a) Funds received from the sale of surplus 128 nonconservation lands or lands that were acquired by gift, by 129 donation, or for no consideration shall be deposited into the 130 Internal Improvement Trust Fund. 131 (b) Notwithstanding paragraph (a), funds received from the 132 sale of surplus state-owned office buildings, as defined in s. 133 255.248, and the nonconservation lands associated with such 134 buildings shall be deposited into the Architects Incidental 135 Trust Fund, as established pursuant to s. 215.196. 136 Section 3. This act shall take effect July 1, 2020.