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.
   26  Be It Enacted by the Legislature of the State of Florida:
   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; or
   83         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.
   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 before prior to
  150  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 does shall not
  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.