Bill Text: FL S1622 | 2018 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 1622 By the Committees on Military and Veterans Affairs, Space, and Domestic Security; and Environmental Preservation and Conservation; and Senator Flores 583-03275-18 20181622c2 1 A bill to be entitled 2 An act relating to lands used for governmental 3 purposes; amending s. 253.025, F.S.; providing 4 conditions under which specified appraisal standards 5 are required for acquisition of military installation 6 buffer lands; authorizing such lands to be leased or 7 conveyed for less than appraised value to military 8 installations; authorizing such lands to be leased for 9 less than appraised value to agricultural or 10 silvicultural operations; providing requirements for 11 such leasing and conveyance; authorizing the use of 12 certain funding sources for the immediate acquisition 13 of lands that prevent or satisfy private property 14 rights claims within areas of critical state concern; 15 authorizing the board of trustees to waive or modify 16 certain procedures or competitive bidding 17 requirements; providing procedures for estimating the 18 value of such lands under certain conditions; amending 19 s. 259.045, F.S.; requiring the Department of 20 Environmental Protection to make certain 21 recommendations to the board regarding the acquisition 22 of certain lands to prevent or satisfy private 23 property rights claims within areas of critical state 24 concern; providing procedures for estimating the value 25 of such lands under certain conditions; amending s. 26 288.980, F.S.; requiring the Department of Economic 27 Opportunity to annually request a list from military 28 installations regarding base buffering encroachment 29 lands before a specified date; requiring the 30 department to submit such list to the Florida Defense 31 Support Task Force; requiring the Task Force to review 32 such list annually and provide its recommendations to 33 the department by a specified date; requiring the 34 department to submit such list annually to the Board 35 of Trustees of the Internal Improvement Trust Fund; 36 authorizing the board to acquire such land, subject to 37 certain conditions; specifying requirements for such 38 list; revising the definition of the term 39 “nonconservation lands”; amending s. 380.0666, F.S.; 40 revising the powers of land authorities; authorizing 41 land authorities to contribute tourist impact tax 42 revenues to counties for the construction, 43 redevelopment, and preservation of certain affordable 44 housing; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Subsections (21) and (22) of section 253.025, 49 Florida Statutes, are amended, present subsection (23) is 50 redesignated as subsection (25), and a new subsection (23) and 51 subsection (24) are added to that section, to read: 52 253.025 Acquisition of state lands.— 53 (21)(a) The board of trustees may acquire, pursuant to s. 54 288.980(2)(b), nonconservation lands from the annual list 55 submitted by the Department of Economic Opportunity for the 56 purpose of buffering a military installation against 57 encroachment. 58 (b) If federal partnership funds are available before the 59 military installation buffer land is acquired, the division 60 shall apply Yellow Book appraisal standards and must disclose 61 the appraised value to the seller. 62 (c) Following acquisition of the military installation 63 buffer land, the board of trustees is authorized, in accordance 64 with the installation’s procedures, the laws of this state, and 65 the terms of the management and monitoring agreement provided in 66 accordance s. 288.980(2)(b), to: 67 1. Convey the land at less than appraised value to the 68 military installation; 69 2. Lease the land at less than appraised or market value to 70 the military installation; or 71 3. Lease the land at rates determined by competitive bid, 72 which may be less than appraised or market value, to private 73 entities to conduct agricultural or silvicultural operations 74 under terms requiring approval of the military installation and 75 that must implement the best management practices applicable to 76 such operations as adopted by the Department of Agriculture and 77 Consumer Services. 78 (d) A conveyance at less than appraised value must state 79 that the land will revert to the board of trustees if the land 80 is not used for its intended purposes as a military installation 81 buffer or if the military installation closes. 82 (22) The board of trustees, by an affirmative vote of at 83 least three members, may direct the department to purchase lands 84 on an immediate basis using up to 15 percent of the funds 85 allocated to the department pursuant to s. 259.105 for the 86 acquisition of lands that: 87 (a) Are listed or placed at auction by the Federal 88 Government as part of the Resolution Trust Corporation sale of 89 lands from failed savings and loan associations; 90 (b) Are listed or placed at auction by the Federal 91 Government as part of the Federal Deposit Insurance Corporation 92 sale of lands from failed banks;or93 (c) Will be developed or otherwise lost to potential public 94 ownership, or for which federal matching funds will be lost, by 95 the time the land can be purchased under the program within 96 which the land is listed for acquisition; or 97 (d) Will prevent or satisfy private property rights claims 98 resulting from limitations imposed by the designation of an area 99 of critical state concern pursuant to chapter 380. 100 101For such acquisitions, the board of trustees may waive or modify102all procedures required for land acquisition pursuant to this103chapter and all competitive bid procedures required pursuant to104chapters 255 and 287.Lands acquired pursuant to this subsection 105 must, at the time of purchase, be on one of the acquisition 106 lists established pursuant to chapter 259, or be essential for 107 water resource development, protection, or restoration, or a 108 significant portion of the lands must contain natural 109 communities or plant or animal species that are listed by the 110 Florida Natural Areas Inventory as critically imperiled, 111 imperiled, or rare, or as excellent quality occurrences of 112 natural communities. 113 (23) The board of trustees, by an affirmative vote of at 114 least three members, may direct the division to purchase lands 115 on an immediate basis that will prevent or satisfy private 116 property rights claims resulting from limitations imposed by the 117 designation of an area of critical state concern pursuant to 118 chapter 380. 119 (24) For acquisitions directed pursuant to subsection (22) 120 or subsection (23): 121 (a) The board of trustees may waive or modify all 122 procedures required for land acquisition pursuant to this 123 chapter and all competitive bid procedures required pursuant to 124 chapters 255 and 287; and 125 (b) If a parcel is estimated to be worth $500,000 or less 126 and the director of the division finds that the cost of an 127 outside appraisal is not justified, a comparable sales analysis, 128 an appraisal prepared by the division, or other reasonably 129 prudent procedure may be used by the division to estimate the 130 value of the land, provided the public interest is reasonably 131 protected. 132 Section 2. Subsection (6) of section 259.045, Florida 133 Statutes, is amended to read: 134 259.045 Purchase of lands in areas of critical state 135 concern; recommendations by department and land authorities. 136 Within 45 days after the Administration Commission designates an 137 area as an area of critical state concern under s. 380.05, and 138 annually thereafter, the Department of Environmental Protection 139 shall consider the recommendations of the state land planning 140 agency pursuant to s. 380.05(1)(a) relating to purchase of lands 141 within an area of critical state concern or lands outside an 142 area of critical state concern that directly impact an area of 143 critical state concern, which may include lands used to preserve 144 and protect water supply, and shall make recommendations to the 145 board with respect to the purchase of the fee or any lesser 146 interest in any such lands that are: 147 (6) Lands used to prevent or satisfy private property 148 rights claims resulting from limitations imposed by the 149 designation of an area of critical state concern if the 150 acquisition of such lands fulfills a public purpose listed in s. 151 259.032(2) or if the parcel is wholly or partially, at the time 152 of acquisition, on one of the board’s approved acquisition lists 153 established pursuant to this chapter. For the purposes of this 154 subsection, if a parcel is estimated to be worth $500,000 or 155 less and the director of the division finds that the cost of an 156 outside appraisal is not justified, a comparable sales analysis, 157 an appraisal prepared by the division, or other reasonably 158 prudent procedures may be used by the division to estimate the 159 value of the parcel, provided the public’s interest is 160 reasonably protected. 161 162 The department, a local government, a special district, or a 163 land authority within an area of critical state concern may make 164 recommendations with respect to additional purchases which were 165 not included in the state land planning agency recommendations. 166 Section 3. Paragraphs (b) and (c) of subsection (2) of 167 section 288.980, Florida Statutes, are amended to read: 168 288.980 Military base retention; legislative intent; grants 169 program.— 170 (2) 171 (b)1. The department shall annually request military 172 installations in the state to provide the department with a list 173 of base buffering encroachment lands for fee simple or less 174 than-fee simple acquisitions before October 1. 175 2. The department shall submit the list of base buffering 176 encroachment lands to the Florida Defense Support Task Force 177 created in s. 288.987. 178 3. The Florida Defense Support Task Force shall, annually 179 by December 1, review the list of base buffering encroachment 180 lands submitted by the military installations and provide its 181 recommendations for ranking the lands for acquisition to the 182 department. 183 4. The department shall annually submit the list of base 184 buffering encroachment lands provided by the Florida Defense 185 Support Task Force to the Board of Trustees of the Internal 186 Improvement Trust Fund, which may acquire the lands pursuant to 187 s. 253.025. At a minimum, the annual list must contain for each 188 recommended land acquisition: 189 a. A legal description of the land and its property 190 identification number; 191 b. A detailed map of the land; and 192 c. A management and monitoring agreement to ensure the land 193 serves a base buffering purpose.The department may annually194submit a list to the Board of Trustees of the Internal195Improvement Trust Fund of nonconservation lands to acquire,196subject to a specific appropriation, through fee simple purchase197or through perpetual, less-than-fee interest purchase, for the198purpose of buffering a military installation against199encroachment. The Board of Trustees of the Internal Improvement200Trust Fund shall also consider the recommendations of the201Florida Defense Support Task Force, created in s. 288.987, when202selecting nonconservation lands to purchase for the purpose of203securing and protecting a military installation against204encroachment. This paragraph does not preclude the acquisition205of such lands by local governments through fee simple purchase206or through perpetual, less-than-fee interest purchase, for the207purpose of buffering a military installation against208encroachment.209 (c) As used in this subsection, the term “nonconservation 210 lands” means lands acquired for uses other than conservation, 211 outdoor resource-based recreation, or archaeological or historic 212 preservationnot subject to acquisition by the Florida Forever213Program. 214 Section 4. Subsection (3) of section 380.0666, Florida 215 Statutes, is amended, present subsection (4) is redesignated as 216 subsection (5), and a new subsection (4) is added to that 217 subsection to read: 218 380.0666 Powers of land authority.—The land authority shall 219 have all the powers necessary or convenient to carry out and 220 effectuate the purposes and provisions of this act, including 221 the following powers, which are in addition to all other powers 222 granted by other provisions of this act: 223 (3) To acquire and dispose of real and personal property or 224 any interest therein when such acquisition is necessary or 225 appropriate to protect the natural environment, provide public 226 access or public recreational facilities, preserve wildlife 227 habitat areas, provide affordable housing to families whose 228 income does not exceed 160 percent of the median family income 229 for the area, prevent or satisfy private property rights claims 230 resulting from limitations imposed by the designation of an area 231 of critical state concern, or provide access to management of 232 acquired lands; to acquire interests in land by means of land 233 exchanges; to contribute tourist impact tax revenues received 234 pursuant to s. 125.0108 to the county in which it is located and 235 its most populous municipality or the housing authority of such 236 county or municipality, at the request of the county commission 237 or the commission or council of such municipality, for the 238 construction, redevelopment, or preservation of affordable 239 housing in an area of critical state concern within such 240 municipality or any other area of the county; to contribute 241 funds to the Department of Environmental Protection for the 242 purchase of lands by the department; and to enter into all 243 alternatives to the acquisition of fee interests in land, 244 including, but not limited to, the acquisition of easements, 245 development rights, life estates, leases, and leaseback 246 arrangements. However, the land authority shall make an 247 acquisition or contribution only if: 248 (a) Such acquisition or contribution is consistent with 249 land development regulations and local comprehensive plans 250 adopted and approved pursuant to this chapter; 251 (b) The property acquired is within an area designated as 252 an area of critical state concern at the time of acquisition or 253 is within an area that was designated as an area of critical 254 state concern for at least 20 consecutive years prior to removal 255 of the designation; 256 (c) The property to be acquired has not been selected for 257 purchase through another local, regional, state, or federal 258 public land acquisition program. Such restriction shall not 259 apply if the land authority cooperates with the other public 260 land acquisition programs which listed the lands for 261 acquisition, to coordinate the acquisition and disposition of 262 such lands. In such cases, the land authority may enter into 263 contractual or other agreements to acquire lands jointly or for 264 eventual resale to other public land acquisition programs; and 265 (d) The acquisition or contribution is not used to improve 266 public transportation facilities or otherwise increase road 267 capacity to reduce hurricane evacuation clearance times. 268 (4) Land authority funds received pursuant to s. 125.0108 269 may be used to pay costs related to affordable housing projects, 270 including: 271 (a) The cost of acquiring real property and any buildings 272 thereon, including payments for contracts to purchase 273 properties. 274 (b) The cost of site preparation, demolition, environmental 275 remediation that is not reimbursed by another governmental 276 funding program, and development. 277 (c) Professional fees in connection with the planning, 278 design, and construction of the project, such as those of 279 architects, engineers, attorneys, and accountants. 280 (d) The cost of studies, surveys, and plans. 281 (e) The cost of the construction, rehabilitation, and 282 equipping of the project, excluding permit and impact fees and 283 mitigation requirements. 284 (f) The cost of onsite land improvements, such as 285 landscaping, parking, and ingress and egress, excluding permit 286 and impact fees and mitigation requirements. 287 (g) The cost of offsite access roads, except those required 288 to meet hurricane evacuation clearance times. 289 Section 5. This act shall take effect upon becoming a law.