Bill Amendment: FL S0806 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Water Management District Surplus Lands

Status: 2018-03-08 - Laid on Table, refer to CS/HB 703 [S0806 Detail]

Download: Florida-2018-S0806-Senate_Committee_Amendment_114744.html
       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 806
       
       
       
       
       
       
                                Ì114744,Î114744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 373.089, Florida Statutes, is amended to
    6  read:
    7         373.089 Sale or exchange of lands, or interests or rights
    8  in lands.—The governing board of the district may sell lands, or
    9  interests or rights in lands, to which the district has acquired
   10  title or to which it may hereafter acquire title in the
   11  following manner:
   12         (1) Any lands, or interests or rights in lands, determined
   13  by the governing board to be surplus may be sold by the
   14  district, at any time, for the highest price obtainable using
   15  any reasonable means, including, but not limited to, procuring
   16  real estate services, open or exclusive listings, competitive
   17  bidding, auctions, negotiated direct sales, or other related
   18  services to facilitate the sale; however, in no case shall the
   19  selling price may not be less than the appraised value of the
   20  lands, or interests or rights in lands, as determined by a
   21  certified appraisal obtained within 360 days before the
   22  effective date of a contract for sale.
   23         (2) All sales of land, or interests or rights in land, must
   24  shall be for cash or upon terms and security to be approved by
   25  the governing board, but a deed therefor may shall not be
   26  executed and delivered until full payment is made.
   27         (3) Before selling any surplus land, or interests or rights
   28  in land, the district shall publish a notice of intention to
   29  sell in a newspaper published in the county in which the land,
   30  or interests or rights in the land, is situated once each week
   31  for 3 successive weeks, three insertions being sufficient. The
   32  first publication of the required notice must occur at least 30
   33  days, but not more than 360 days, before any sale and must
   34  include a description of lands, or interests or rights in lands,
   35  to be offered for sale.
   36         (4) The governing board of a district may exchange lands,
   37  or interests or rights in lands, owned by, or lands, or
   38  interests or rights in lands, for which title is otherwise
   39  vested in, the district for other lands, or interests or rights
   40  in lands, within the state owned by any person. The governing
   41  board shall fix the terms and conditions of any such exchange
   42  and may pay or receive any sum of money that the board considers
   43  necessary to equalize the values of exchanged properties. Land,
   44  or interests or rights in land, acquired under former s. 373.59,
   45  Florida Statutes 2014, may be exchanged only for lands, or
   46  interests or rights in lands, that otherwise meet the
   47  requirements of that section for acquisition.
   48         (5) In any county having a population of 75,000 or fewer,
   49  or a county having a population of 100,000 or fewer that is
   50  contiguous to a county having a population of 75,000 or fewer,
   51  in which more than 50 percent of the lands within the county
   52  boundary are federal lands and lands titled in the name of the
   53  state, a state agency, a water management district, or a local
   54  government, those lands titled in the name of a water management
   55  district which are not essential or necessary to meet
   56  conservation purposes may, upon request of a public or private
   57  entity, be made available for purchase through the surplusing
   58  process in this section. Priority consideration must be given to
   59  buyers, public or private, who are willing to return the
   60  property to productive use so long as the property can be
   61  reentered onto the county ad valorem tax roll. Property acquired
   62  with matching funds from a local government shall not be made
   63  available for purchase without the consent of the local
   64  government.
   65         (6) Any lands the title to which is vested in the governing
   66  board of a water management district may be surplused pursuant
   67  to the procedures set forth in this section and s. 373.056 and
   68  the following:
   69         (a) For those lands designated as acquired for conservation
   70  purposes, the governing board shall make a determination that
   71  the lands are no longer needed for conservation purposes and may
   72  dispose of them by a two-thirds vote.
   73         (b) For all other lands, the governing board shall make a
   74  determination that such lands are no longer needed and may
   75  dispose of them by majority vote.
   76         (c) For the purposes of this subsection, all lands for
   77  which title has vested in the governing board prior to July 1,
   78  1999, shall be deemed to have been acquired for conservation
   79  purposes.
   80         (d) For any lands acquired on or after July 1, 1999, for
   81  which title is vested in the governing board, the governing
   82  board shall determine which parcels shall be designated as
   83  having been acquired for conservation purposes.
   84         (7)(a) Notwithstanding other provisions of this section,
   85  the governing board shall first offer title to lands acquired in
   86  whole or in part with Florida Forever funds which are determined
   87  to be no longer needed for conservation purposes to the Board of
   88  Trustees of the Internal Improvement Trust Fund unless the
   89  disposition of those lands is for the following purposes:
   90         1.(a) Linear facilities, including electric transmission
   91  and distribution facilities, telecommunication transmission and
   92  distribution facilities, pipeline transmission and distribution
   93  facilities, public transportation corridors, and related
   94  appurtenances.
   95         2.(b) The disposition of the fee interest in the land where
   96  a conservation easement is retained by the district to fulfill
   97  the conservation objectives for which the land was acquired.
   98         3.(c) An exchange of the land for other lands that meet or
   99  exceed the conservation objectives for which the original land
  100  was acquired in accordance with subsection (4).
  101         4.(d) To be used by a governmental entity for a public
  102  purpose.
  103         5.(e) The portion of an overall purchase deemed surplus at
  104  the time of the acquisition.
  105         (b)If the Board of Trustees of the Internal Improvement
  106  Trust Fund declines to accept title to the lands offered under
  107  this section, the land may be disposed of by the district under
  108  the provisions of this section.
  109         (8)(a) If a parcel of land is no longer essential or
  110  necessary for conservation purposes and is valued at $25,000 or
  111  less as determined by a certified appraisal, a broker’s price
  112  opinion, or other valuation services obtained within 360 days
  113  before the effective date of a contract for the sale, as
  114  specified in subsection (1), the governing board may determine
  115  that the parcel of land is surplus and may offer to sell it to
  116  the adjacent property owners. If the governing board elects to
  117  offer for sale the parcel to adjacent property owners pursuant
  118  to this subsection, the governing board must publish the notice
  119  of intention to sell must be published as required under
  120  subsection (3), one time only and. the governing board must
  121  shall send the notice of intention to sell the parcel to
  122  adjacent property owners by certified mail and publish the
  123  notice on its website. For the purpose of this subsection, the
  124  term “adjacent property owners” means those owners whose
  125  property abuts the parcel.
  126         (b) Fourteen days after publication of such notice, the
  127  district may sell the parcel to an adjacent property owner or,
  128  if there are two or more owners of adjacent property, accept
  129  sealed bids and sell the parcel to the highest bidder or reject
  130  all offers.
  131         (c) If the parcel is not sold to an adjacent property owner
  132  pursuant to paragraph (b), the district may sell the parcel at
  133  any time to the general public for the highest price obtainable
  134  using any reasonable means, including, but not limited to,
  135  procuring real estate services, open or exclusive listings,
  136  competitive bidding, auctions, negotiated direct sales, or other
  137  related services to facilitate the sale Thirty days after
  138  publication of such notice, the district shall accept sealed
  139  bids and may sell the parcel to the highest bidder or reject all
  140  offers.
  141  
  142  If the Board of Trustees of the Internal Improvement Trust Fund
  143  declines to accept title to the lands offered under this
  144  section, the land may be disposed of by the district under the
  145  provisions of this section.
  146         Section 2. This act shall take effect July 1, 2018.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete everything before the enacting clause
  151  and insert:
  152                        A bill to be entitled                      
  153         An act relating to water management district
  154         surplus lands; amending s. 373.089, F.S.; authorizing
  155         the water management districts to use any reasonable
  156         means to sell surplus property; specifying that
  157         certain lands acquired with Florida Forever funds may
  158         be disposed of if the Board of Trustees of the
  159         Internal Improvement Trust Fund declines to accept
  160         title; revising the process for selling certain lower
  161         valued surplus lands; defining the term “adjacent
  162         property owners”; authorizing districts to sell
  163         parcels to the general public under certain
  164         circumstances using any reasonable means to facilitate
  165         the sale; providing an effective date.

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