Florida Senate - 2023                                    SB 1476
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01255A-23                                           20231476__
    1                        A bill to be entitled                      
    2         An act relating to state acquisition of lands;
    3         amending ss. 253.025 and 570.715, F.S.; requiring,
    4         rather than authorizing, the Department of
    5         Environmental Protection and the Department of
    6         Agriculture and Consumer Services to disclose
    7         appraisal reports to private landowners or their
    8         representatives during acquisition negotiations;
    9         requiring private landowners and their representatives
   10         to maintain the confidentiality of such reports or
   11         information disclosed by the Department of Agriculture
   12         and Consumer Services; requiring the final purchase
   13         price in certain option contracts for state land
   14         acquisitions and less than fee simple conservation
   15         easement acquisitions to be the fair market value as
   16         determined by the highest appraisal; removing
   17         provisions subjecting the final purchase price in
   18         certain contracts to approval by the Board of Trustees
   19         of the Internal Improvement Trust Fund or the
   20         Secretary of Environmental Protection, as applicable;
   21         conforming a provision to changes made by the act;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (8) of section 253.025, Florida
   27  Statutes, is amended to read:
   28         253.025 Acquisition of state lands.—
   29         (8) Before approval by the board of trustees, or, when
   30  applicable, the Department of Environmental Protection, of any
   31  agreement to purchase land pursuant to this chapter, chapter
   32  259, chapter 260, or chapter 375, and before negotiations with
   33  the parcel owner to purchase any other land, title to which will
   34  vest in the board of trustees, an appraisal of the parcel shall
   35  be required as follows:
   36         (a) The board of trustees shall adopt by rule the method
   37  for determining the value of parcels sought to be acquired by
   38  state agencies pursuant to this section.
   39         (b) Each parcel to be acquired shall have at least one
   40  appraisal. Two appraisals are required when the estimated value
   41  of the parcel exceeds $1 million. However, if both appraisals
   42  exceed $1 million and differ significantly, a third appraisal
   43  may be obtained. If a parcel is estimated to be worth $100,000
   44  or less and the director of the Division of State Lands finds
   45  that the cost of an outside appraisal is not justified, a
   46  comparable sales analysis, an appraisal prepared by the
   47  division, or other reasonably prudent procedures may be used by
   48  the division to estimate the value of the parcel, provided the
   49  public’s interest is reasonably protected. The state is not
   50  required to appraise the value of lands and appurtenances that
   51  are being donated to the state.
   52         (c) Appraisal fees and associated costs shall be paid by
   53  the agency proposing the acquisition. All appraisals used for
   54  the acquisition of lands pursuant to this section shall be
   55  prepared by a state-certified appraiser. The board of trustees
   56  shall adopt rules for selecting individuals to perform
   57  appraisals pursuant to this section. Each fee appraiser selected
   58  to appraise a particular parcel shall, before contracting with
   59  the agency or a participant in a multiparty agreement, submit to
   60  the agency an affidavit substantiating that he or she has no
   61  vested or fiduciary interest in such parcel.
   62         (d) The fee appraiser and the review appraiser for the
   63  agency may not act in any manner that may be construed as
   64  negotiating with the owner of a parcel proposed for acquisition.
   65         (e) The board of trustees shall adopt by rule the minimum
   66  criteria, techniques, and methods to be used in the preparation
   67  of appraisal reports. Such rules shall incorporate, to the
   68  extent practicable, generally accepted appraisal standards. Any
   69  appraisal issued for acquisition of lands pursuant to this
   70  section must comply with the rules adopted by the board of
   71  trustees. A certified survey must be made which meets the
   72  minimum requirements for upland parcels established in the
   73  Standards of Practice for Land Surveying in Florida published by
   74  the Department of Agriculture and Consumer Services and which
   75  accurately portrays, to the greatest extent practicable, the
   76  condition of the parcel as it currently exists. The requirement
   77  for a certified survey may, in part or in whole, be waived by
   78  the board of trustees any time before submitting the agreement
   79  for purchase to the Division of State Lands. When an existing
   80  boundary map and description of a parcel are determined by the
   81  division to be sufficient for appraisal purposes, the division
   82  director may temporarily waive the requirement for a survey
   83  until any time before conveyance of title to the parcel.
   84         (f) Appraisal reports are confidential and exempt from s.
   85  119.07(1), for use by the agency and the board of trustees,
   86  until an option contract is executed or, if no option contract
   87  is executed, until 2 weeks before a contract or agreement for
   88  purchase is considered for approval by the board of trustees.
   89  The Department of Environmental Protection shall may disclose
   90  appraisal reports to private landowners or their representatives
   91  during negotiations for acquisitions using alternatives to fee
   92  simple techniques, if the department determines that disclosure
   93  of such reports will bring the proposed acquisition to closure.
   94  However, the private landowner or their representative must
   95  agree to maintain the confidentiality of the reports or
   96  information. The department may also disclose appraisal
   97  information to public agencies or nonprofit organizations that
   98  agree to maintain the confidentiality of the reports or
   99  information when joint acquisition of property is contemplated,
  100  or when a public agency or nonprofit organization enters into a
  101  written agreement with the department to purchase and hold
  102  property for subsequent resale to the board of trustees. In
  103  addition, the department may use, as its own, appraisals
  104  obtained by a public agency or nonprofit organization, if the
  105  appraiser is selected from the department’s list of appraisers
  106  and the appraisal is reviewed and approved by the department.
  107  For purposes of this paragraph, the term “nonprofit
  108  organization” means an organization that is exempt from federal
  109  income tax under s. 501(c)(3) of the Internal Revenue Code and,
  110  for purposes of the acquisition of conservation lands, an
  111  organization whose purpose must include the preservation of
  112  natural resources. The agency may release an appraisal report
  113  when the passage of time has rendered the conclusions of value
  114  in the report invalid or when the acquiring agency has
  115  terminated negotiations.
  116         (g) Before acceptance of an appraisal, the agency shall
  117  submit a copy of such report to the division. The division shall
  118  review such report for compliance with the rules of the board.
  119  Any questions of applicability of laws affecting an appraisal
  120  shall be addressed by the legal office of the agency.
  121         (h) The appraisal report shall be accompanied by the sales
  122  history of the parcel for at least the previous 5 years. Such
  123  sales history shall include all parties and considerations with
  124  the amount of consideration verified, if possible. If a sales
  125  history would not be useful, or it is cost prohibitive compared
  126  to the value of a parcel, the sales history may be waived by the
  127  board of trustees. The board of trustees shall adopt a rule
  128  specifying guidelines for waiver of a sales history.
  129         (i) The board of trustees may consider an appraisal
  130  acquired by a seller, or any part thereof, in negotiating to
  131  purchase a parcel, but such appraisal may not be used in lieu of
  132  an appraisal required by this subsection or to determine the
  133  maximum offer allowed by law.
  134         (j)1. The board of trustees shall adopt by rule the method
  135  for determining the value of parcels sought to be acquired by
  136  state agencies pursuant to this section. An offer by a state
  137  agency may not exceed the value for that parcel as determined
  138  pursuant to the highest approved appraisal or the value
  139  determined pursuant to the rules of the board of trustees,
  140  whichever value is less.
  141         2. For a joint acquisition by a state agency and a local
  142  government or other entity apart from the state, the joint
  143  purchase price may not exceed 150 percent of the value for a
  144  parcel as determined in accordance with the limits in
  145  subparagraph 1. The state agency share of a joint purchase offer
  146  may not exceed what the agency may offer singly pursuant to
  147  subparagraph 1.
  148         3. This paragraph does not apply to the acquisition of
  149  historically unique or significant property as determined by the
  150  Division of Historical Resources of the Department of State.
  151  
  152  Notwithstanding this subsection, on behalf of the board of
  153  trustees and before the appraisal of parcels approved for
  154  purchase under this chapter or chapter 259, the Secretary of
  155  Environmental Protection or the director of the Division of
  156  State Lands may enter into option contracts to buy such parcels.
  157  Except as otherwise authorized under this subsection, any such
  158  option contract shall state that the final purchase price shall
  159  be the fair market value as determined by the highest appraisal
  160  and is subject to approval by the board of trustees or, if
  161  applicable, the Secretary of Environmental Protection, and that
  162  the final purchase price may not exceed the maximum offer
  163  allowed by law. Any such option contract presented to the board
  164  of trustees for final purchase price approval shall explicitly
  165  state that payment of the final purchase price is subject to an
  166  appropriation from the Legislature. The consideration for such
  167  an option may not exceed $1,000 or 0.01 percent of the estimate
  168  by the department of the value of the parcel, whichever amount
  169  is greater.
  170         Section 2. Paragraph (d) of subsection (1) and subsection
  171  (5) of section 570.715, Florida Statutes, are amended to read:
  172         570.715 Conservation easement acquisition procedures.—
  173         (1) For less than fee simple acquisitions pursuant to s.
  174  570.71, the Department of Agriculture and Consumer Services
  175  shall comply with the following acquisition procedures:
  176         (d) On behalf of the board of trustees and before the
  177  appraisal of parcels approved for purchase under ss.
  178  259.105(3)(i) and 570.71, the department may enter into option
  179  contracts to buy less than fee simple interest in such parcels.
  180  Any such option contract shall state that the final purchase
  181  price is subject to approval by the board of trustees and that
  182  the final purchase price shall be the fair market value as
  183  determined by the highest approved appraisal and may not exceed
  184  the maximum offer authorized by law. Any such option contract
  185  presented to the board of trustees for final purchase price
  186  approval shall explicitly state that payment of the final
  187  purchase price is subject to an appropriation by the
  188  Legislature. The consideration for any such option contract may
  189  not exceed $1,000 or 0.01 percent of the estimate by the
  190  department of the value of the parcel, whichever amount is
  191  greater.
  192         (5) Appraisal reports are confidential and exempt from s.
  193  119.07(1), for use by the department and the board of trustees,
  194  until an option contract is executed or, if an option contract
  195  is not executed, until 2 weeks before a contract or agreement
  196  for purchase is considered for approval by the board of
  197  trustees. However, The department shall has the authority, at
  198  its discretion, to disclose appraisal reports to private
  199  landowners or their representatives during negotiations for
  200  acquisitions. However, the private landowner or their
  201  representative must agree to maintain the confidentiality of the
  202  reports or information using alternatives to fee simple
  203  techniques, if the department determines that disclosure of such
  204  reports will bring the proposed acquisition to closure. The
  205  department may also disclose appraisal information to public
  206  agencies or nonprofit organizations that agree to maintain the
  207  confidentiality of the reports or information when joint
  208  acquisition of property is contemplated, or when a public agency
  209  or nonprofit organization enters into a written multiparty
  210  agreement with the department. For purposes of this subsection,
  211  the term “nonprofit organization” means an organization whose
  212  purposes include the preservation of natural resources, and
  213  which is exempt from federal income tax under s. 501(c)(3) of
  214  the Internal Revenue Code. The department may release an
  215  appraisal report when the passage of time has rendered the
  216  conclusions of value in the report invalid or when the
  217  department has terminated negotiations.
  218         Section 3. This act shall take effect July 1, 2023.