Senate Bill sb1132e1

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    SB 1132                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to the use and disposition of

  3         real and personal property; amending s. 125.35,

  4         F.S.; providing an alternative procedure for

  5         the sale or disposition of certain property by

  6         boards of county commissioners; amending ss.

  7         125.568, 166.048, 255.259, 335.167, 373.185,

  8         F.S.; redefining the term "Xeriscape";

  9         prohibiting certain restrictions on the

10         practice of Xeriscape; amending s. 373.62,

11         F.S.; providing for the operation and

12         maintenance of rain sensor devices; amending s.

13         720.3075, F.S.; prohibiting homeowners'

14         associations from restricting the practice of

15         Xeriscape; amending s. 197.502, F.S.; amending

16         procedures that apply if there are no bidders

17         at a public sale of property against which tax

18         certificates are held; prescribing the period

19         during which interest on the opening bid

20         continues to accrue; amending s. 197.512, F.S.;

21         providing an exception to certain recording

22         duties of the clerk; amending s. 197.542, F.S.;

23         revising procedures relating to the sale at

24         public auction of lands on which an application

25         for tax deed has been obtained; requiring the

26         high bidder to post a nonrefundable cash

27         deposit at the time of the sale; providing

28         effective dates.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    SB 1132                                        First Engrossed



  1         Section 1.  Section 125.35, Florida Statutes, is

  2  amended to read:

  3         125.35  County authorized to sell real and personal

  4  property and to lease real property.--

  5         (1)(a)  The board of county commissioners is expressly

  6  authorized to sell and convey any real or personal property,

  7  and to lease real property, belonging to the county, whenever

  8  the board determines that it is to the best interest of the

  9  county to do so, to the highest and best bidder for the

10  particular use the board deems to be the highest and best, for

11  such length of term and such conditions as the governing body

12  may in its discretion determine.

13         (b)  Notwithstanding the provisions of paragraph (a),

14  the Board of County Commissioners is expressly authorized to:

15         1.  Negotiate the lease of an airport or seaport

16  facility;

17         2.  Modify or extend an existing lease of real property

18  for an additional term not to exceed 25 years, where the

19  improved value of the lease has an appraised value in excess

20  of $20 million; or

21         3.  Lease a professional sports franchise facility

22  financed by revenues received pursuant to s. 125.0104 or s.

23  212.20;

24

25  under such terms and conditions as negotiated by the board.

26         (c)  No sale of any real property shall be made unless

27  notice thereof is published once a week for at least 2 weeks

28  in some newspaper of general circulation published in the

29  county, calling for bids for the purchase of the real estate

30  so advertised to be sold.  In the case of a sale, the bid of

31  the highest bidder complying with the terms and conditions set


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    SB 1132                                        First Engrossed



  1  forth in such notice shall be accepted, unless the board of

  2  county commissioners rejects all bids because they are too

  3  low.  The board of county commissioners may require a deposit

  4  to be made or a surety bond to be given, in such form or in

  5  such amount as the board determines, with each bid submitted.

  6         (2)  When the board of county commissioners finds that

  7  a parcel of real property is of insufficient size and shape to

  8  be issued a building permit for any type of development to be

  9  constructed on the property or when the board of county

10  commissioners finds that the value of a parcel of real

11  property is $15,000 or less, as determined by a fee appraiser

12  designated by the board or as determined by the county

13  property appraiser, and when, due to the size, shape,

14  location, and value of the parcel, it is determined by the

15  board that the parcel is of use only to one or more adjacent

16  property owners, the board may effect a private sale of the

17  parcel. The board may, after sending notice of its intended

18  action to owners of adjacent property by certified mail,

19  effect a sale and conveyance of the parcel at private sale

20  without receiving bids or publishing notice; however, if,

21  within 10 working days after receiving such mailed notice, two

22  or more owners of adjacent property notify the board of their

23  desire to purchase the parcel, the board shall accept sealed

24  bids for the parcel from such property owners and may convey

25  such parcel to the highest bidder or may reject all offers.

26         (3)  As an alternative to subsections (1) and (2), the

27  board of county commissioners may by ordinance prescribe

28  disposition standards and procedures to be used by the county

29  in selling and conveying any real or personal property and in

30  leasing real property owned by the county. The standards and

31  procedures must provide at a minimum for:


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    SB 1132                                        First Engrossed



  1         (a)  Establishment of competition and qualification

  2  standards upon which disposition will be determined.

  3         (b)  Reasonable public notice of the intent to consider

  4  disposition of county property and the availability of copies

  5  of the standards. Reasonableness of the notice is to be

  6  determined by the efficacy and efficiency of the means of

  7  communication used.

  8         (c)  Identification of the form and manner by which an

  9  interested person may acquire county property.

10         (d)  Types of negotiation procedures applicable to the

11  selection of a person to whom county properties may be

12  disposed.

13         (e)  The manner in which interested persons will be

14  notified of the board's intent to consider final action at a

15  regular meeting of the board on the disposition of a property

16  and the time and manner for making objections.

17         (f)  Adherence in the disposition of real property to

18  the governing comprehensive plan and zoning ordinances.

19         Section 2.  Section 125.568, Florida Statutes, is

20  amended to read:

21         125.568  Conservation of water; Xeriscape.--

22         (1)(a)  The Legislature finds that Xeriscape

23  contributes to the conservation of water.  In an effort to

24  meet the water needs of this state in a manner that will

25  supply adequate and dependable supplies of water where needed,

26  it is the intent of the Legislature that Xeriscape be an

27  essential part of water conservation planning.

28         (b)  "Xeriscape" or "Florida friendly landscape" means

29  quality landscapes that conserve water and protect the

30  environment and are adaptable to local conditions and which

31  are drought tolerant a landscaping method that maximizes the


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    SB 1132                                        First Engrossed



  1  conservation of water by the use of site-appropriate plants

  2  and an efficient watering system.  The principles of Xeriscape

  3  include planning and design, appropriate choice of plants,

  4  soil analysis which may include the use of solid waste

  5  compost, practical use of turf, efficient irrigation,

  6  appropriate use of mulches, and proper maintenance.

  7         (2)  By October 1, 1992, The board of county

  8  commissioners of each county shall consider enacting

  9  ordinances requiring the use of Xeriscape as a water

10  conservation measure. If the board determines that Xeriscape

11  would be of significant benefit as a water conservation

12  measure relative to the cost to implement Xeriscape

13  landscaping in its area of jurisdiction, the board shall enact

14  a Xeriscape ordinance.  Further, the board of county

15  commissioners shall consider promoting Xeriscape as a water

16  conservation measure by:  using Xeriscape in, around, or near

17  facilities, parks, and other common areas under its

18  jurisdiction which are landscaped after the effective date of

19  this act; providing public education on Xeriscape, its uses as

20  a water conservation tool, and its long-term

21  cost-effectiveness; and offering incentives to local residents

22  and businesses to implement Xeriscape landscaping.

23         (3)  A deed restriction or covenant entered after

24  October 1, 2001, or local government ordinance may not

25  prohibit any property owner from implementing Xeriscape or

26  Florida friendly landscape on his or her land.

27         Section 3.  Section 166.048, Florida Statutes, is

28  amended to read:

29         166.048  Conservation of water; Xeriscape.--

30         (1)(a)  The Legislature finds that Xeriscape

31  contributes to the conservation of water.  In an effort to


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    SB 1132                                        First Engrossed



  1  meet the water needs of this state in a manner that will

  2  supply adequate and dependable supplies of water where needed,

  3  it is the intent of the Legislature that Xeriscape be an

  4  essential part of water conservation planning.

  5         (b)  "Xeriscape" or "Florida friendly landscape" means

  6  quality landscapes that conserve water and protect the

  7  environment and are adaptable to local conditions and which

  8  are drought tolerant a landscaping method that maximizes the

  9  conservation of water by the use of site-appropriate plants

10  and an efficient watering system.  The principles of Xeriscape

11  include planning and design, appropriate choice of plants,

12  soil analysis which may include the use of solid waste

13  compost, practical use of turf, efficient irrigation,

14  appropriate use of mulches, and proper maintenance.

15         (2)  By October 1, 1992, The governing body of each

16  municipality shall consider enacting ordinances requiring the

17  use of Xeriscape as a water conservation measure.  If the

18  governing body determines that Xeriscape would be of

19  significant benefit as a water conservation measure relative

20  to the cost to implement Xeriscape landscaping in its area of

21  jurisdiction in the municipality, the board shall enact a

22  Xeriscape ordinance. Further, the governing body shall

23  consider promoting Xeriscape as a water conservation measure

24  by:  using Xeriscape in, around, or near facilities, parks,

25  and other common areas under its jurisdiction which are

26  landscaped after the effective date of this act; providing

27  public education on Xeriscape, its uses as a water

28  conservation tool, and its long-term cost-effectiveness; and

29  offering incentives to local residents and businesses to

30  implement Xeriscape landscaping.

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    SB 1132                                        First Engrossed



  1         (3)  A deed restriction or covenant entered after

  2  October 1, 2001, or local government ordinance may not

  3  prohibit any property owner from implementing Xeriscape or

  4  Florida friendly landscape on his or her land.

  5         Section 4.  Subsection (4) is added to section 255.259,

  6  Florida Statutes, to read:

  7         255.259  Xeriscape landscaping on public property.--

  8         (4)  A deed restriction or covenant entered after

  9  October 1, 2001, or local government ordinance may not

10  prohibit any property owner from implementing Xeriscape or

11  Florida friendly landscape on his or her land.

12         Section 5.  Section 335.167, Florida Statutes, is

13  amended to read:

14         335.167  State highway construction and maintenance;

15  Xeriscape landscaping in rights-of-way.--

16         (1)  The department shall use and require the use of

17  Xeriscape practices, as defined in s. 373.185(1), in the

18  construction and maintenance of all new state highways,

19  wayside parks, access roads, welcome stations, and other state

20  highway rights-of-way constructed upon or acquired after June

21  30, 1992. The department shall develop a 5-year program for

22  phasing in the use of Xeriscape, including the use of solid

23  waste compost, in state highway rights-of-way constructed upon

24  or acquired before July 1, 1992.  In accomplishing these

25  tasks, the department shall employ the guidelines set out in

26  s. 373.185(2)(a)-(f).

27         (2)  A deed restriction or covenant entered after

28  October 1, 2001, or local government ordinance may not

29  prohibit any property owner from implementing Xeriscape or

30  Florida friendly landscape on his or her land.

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    SB 1132                                        First Engrossed



  1         Section 6.  Section 373.62, Florida Statutes, is

  2  amended to read:

  3         373.62  Water conservation; automatic sprinkler

  4  systems.--Any person who purchases and installs an automatic

  5  lawn sprinkler system after May 1, 1991, shall install, and

  6  must maintain and operate, a rain sensor device or switch that

  7  which will override the irrigation cycle of the sprinkler

  8  system when adequate rainfall has occurred.

  9         Section 7.  Section 373.185, Florida Statutes, is

10  amended to read:

11         373.185  Local Xeriscape ordinances.--

12         (1)  As used in this section, the term:

13         (a)  "Local government" means any county or

14  municipality of the state.

15         (b)  "Xeriscape" or "Florida friendly landscape" means

16  quality landscapes that conserve water and protect the

17  environment and are adaptable to local conditions and which

18  are drought tolerant a landscaping method that maximizes the

19  conservation of water by the use of site-appropriate plants

20  and an efficient watering system. The principles of Xeriscape

21  include planning and design, appropriate choice of plants,

22  soil analysis which may include the use of solid waste

23  compost, efficient irrigation, practical use of turf,

24  appropriate use of mulches, and proper maintenance.

25         (2)  Each water management district shall design and

26  implement an incentive program to encourage all local

27  governments within its district to adopt new ordinances or

28  amend existing ordinances to require Xeriscape landscaping for

29  development permitted after the effective date of the new

30  ordinance or amendment.  Each district shall adopt rules

31  governing the implementation of its incentive program and


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    SB 1132                                        First Engrossed



  1  governing the review and approval of local government

  2  Xeriscape ordinances or amendments which are intended to

  3  qualify a local government for the incentive program.  Each

  4  district shall assist the local governments within its

  5  jurisdiction by providing a model Xeriscape code and other

  6  technical assistance.  A local government Xeriscape ordinance

  7  or amendment, in order to qualify the local government for a

  8  district's incentive program, must include, at a minimum:

  9         (a)  Landscape design, installation, and maintenance

10  standards that result in water conservation.  Such standards

11  shall address the use of plant groupings, soil analysis

12  including the promotion of the use of solid waste compost,

13  efficient irrigation systems, and other water-conserving

14  practices.

15         (b)  Identification of prohibited invasive exotic plant

16  species.

17         (c)  Identification of controlled plant species,

18  accompanied by the conditions under which such plants may be

19  used.

20         (d)  A provision specifying the maximum percentage of

21  turf and the maximum percentage of impervious surfaces allowed

22  in a xeriscaped area and addressing the practical selection

23  and installation of turf.

24         (e)  Specific standards for land clearing and

25  requirements for the preservation of existing native

26  vegetation.

27         (f)  A monitoring program for ordinance implementation

28  and compliance.

29

30  The districts also shall work with local governments to

31  promote, through educational programs and publications, the


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  1  use of Xeriscape practices, including the use of solid waste

  2  compost, in existing residential and commercial development.

  3  This section may not be construed to limit the authority of

  4  the districts to require Xeriscape ordinances or practices as

  5  a condition of any consumptive use permit.

  6         (3)  A deed restriction or covenant entered after

  7  October 1, 2001, or local government ordinance may not

  8  prohibit any property owner from implementing Xeriscape or

  9  Florida friendly landscape on his or her land.

10         Section 8.  Section 720.3075, Florida Statutes, is

11  amended to read:

12         720.3075  Prohibited clauses in association

13  documents.--

14         (1)  It is declared that the public policy of this

15  state prohibits the inclusion or enforcement of certain types

16  of clauses in homeowners' association documents, including

17  declaration of covenants, articles of incorporation, bylaws,

18  or any other document of the association which binds members

19  of the association, which either have the effect of or provide

20  that:

21         (a)  A developer has the unilateral ability and right

22  to make changes to the homeowners' association documents after

23  the transition of homeowners' association control in a

24  community from the developer to the nondeveloper members, as

25  set forth in s. 720.307, has occurred.

26         (b)  A homeowners' association is prohibited or

27  restricted from filing a lawsuit against the developer, or the

28  homeowners' association is otherwise effectively prohibited or

29  restricted from bringing a lawsuit against the developer.

30         (c)  After the transition of homeowners' association

31  control in a community from the developer to the nondeveloper


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    SB 1132                                        First Engrossed



  1  members, as set forth in s. 720.307, has occurred, a developer

  2  is entitled to cast votes in an amount that exceeds one vote

  3  per residential lot.

  4

  5  Such clauses are declared null and void as against the public

  6  policy of this state.

  7         (2)  The public policy described in subsection (1)

  8  prohibits the inclusion or enforcement of such clauses created

  9  on or after the effective date of s. 3, chapter 98-261, Laws

10  of Florida.

11         (3)  Homeowners' association documents, including

12  declarations of covenants, articles of incorporation, or

13  bylaws, may not preclude the display of one United States flag

14  by property owners. However, the flag must be displayed in a

15  respectful way and may be subject to reasonable standards for

16  size, placement, and safety, as adopted by the homeowners'

17  association, consistent with Title 36 U.S.C. chapter 10 and

18  any local ordinances.

19         (4)  Homeowners' association documents, including

20  declarations of covenants, articles of incorporation or

21  bylaws, entered after October 1, 2001, may not prohibit any

22  property owner from implementing Xeriscape or Florida friendly

23  landscape, as defined in s. 373.185(1), on his or her land.

24         Section 9.  Subsection (7) of section 197.502, Florida

25  Statutes, is amended to read:

26         197.502  Application for obtaining tax deed by holder

27  of tax sale certificate; fees.--

28         (7)  On county-held certificates for which If there are

29  no bidders at the public sale, the clerk shall enter the land

30  on a list entitled "lands available for taxes" and shall

31  immediately notify the county commission and all other persons


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    SB 1132                                        First Engrossed



  1  holding certificates against the land that the land is

  2  available. During the first 90 days after the land is placed

  3  on the list of lands available for taxes, the county may

  4  purchase the land for the opening bid.  Thereafter, any

  5  person, the county, or any other governmental unit may

  6  purchase the land from the clerk, without further notice or

  7  advertising, for the opening bid, except that when the county

  8  or other governmental unit is the purchaser for its own use,

  9  the board of county commissioners may cancel omitted years'

10  taxes, as provided under s. 197.447. Interest on the opening

11  bid continues to accrue through the month of sale as

12  prescribed by s. 197.542.

13         Section 10.  Subsection (3) of section 197.512, Florida

14  Statutes, is amended to read:

15         197.512  Notice, form of publication for obtaining tax

16  deed by holder.--

17         (3)  Except when the land is redeemed according to law

18  Upon ultimate disposition of the application for a tax deed,

19  the clerk shall record enter his or her certificate of notice

20  and his or her certificate of advertising in the public

21  records of the county with such other relevant documents as

22  may be required by the department.

23         Section 11.  Section 197.542, Florida Statutes, is

24  amended to read:

25         197.542  Sale at public auction.--

26         (1)  The lands advertised for sale to the highest

27  bidder as a result of an application filed under s. 197.502

28  shall be sold at public auction by the clerk of the circuit

29  court, or his or her deputy, of the county where the lands are

30  located on the date, at the time, and at the location as set

31  forth in the published notice, which shall be during the


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  1  regular hours the clerk's office is open.  At the time and

  2  place, the clerk shall read the notice of sale and shall offer

  3  the lands described in the notice for sale to the highest

  4  bidder for cash at public outcry. The amount required to

  5  redeem the tax certificate, plus the amounts paid by the

  6  holder to the clerk of the circuit court in charges for costs

  7  of sale, redemption of other tax certificates on the same

  8  lands, and all other costs to the applicant for tax deed, plus

  9  interest thereon at the rate of 1.5 percent per month for the

10  period running from the month after the date of application

11  for the deed through the month of sale and costs incurred for

12  the service of notice provided for in s. 197.522(2), shall be

13  considered the bid of the certificateholder for the property.

14  However, if the land to be sold is assessed on the latest tax

15  roll as homestead property, the bid of the certificateholder

16  shall be increased to include an amount equal to one-half of

17  the assessed value of the homestead property as required by s.

18  197.502.  If there are no higher bids, the land shall be

19  struck off and sold to the certificateholder, who shall

20  forthwith pay to the clerk the documentary stamp tax and

21  recording fees due, and a tax deed shall thereupon be issued

22  and recorded by the clerk.

23         (2)  If there are other bids, the certificateholder

24  shall have the right to bid as others present may bid, and the

25  property shall be struck off and sold to the highest bidder.

26  The high bidder shall post with the clerk a nonrefundable cash

27  deposit of $200 at the time of the sale, to be applied to the

28  sale price at the time of full payment. Notice of this deposit

29  requirement shall be posted at the auction site, and the clerk

30  may require that bidders show their willingness and ability to

31  post the cost deposit. If full payment of the final bid and of


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  1  documentary stamp tax and recording fees is not made within 24

  2  hours, excluding weekends and legal holidays, the clerk shall

  3  cancel all bids, readvertise the sale as provided in this

  4  section, and pay all costs of the sale from the deposit. Any

  5  remaining funds must be applied toward the opening bid. The

  6  clerk may refuse to recognize the bid of any person who has

  7  previously bid and refused, for any reason, to honor such bid.

  8         (3)(2)  The clerk of the circuit court shall demand

  9  immediate payment of an amount equal to the highest bid plus

10  applicable documentary stamp taxes and recording fees. If full

11  payment is not received by the clerk within 24 hours after the

12  advertised time of the sale, the clerk shall cancel the bids

13  and readvertise the property for sale. If the sale is canceled

14  for any reason, the clerk shall immediately readvertise the

15  sale to be held no later than 30 days after from the date the

16  sale was canceled. Only one advertisement is shall be

17  necessary. No further notice is shall be required. The amount

18  of the statutory (opening) bid shall be increased by the cost

19  of advertising, additional clerk's fees as provided for in s.

20  28.24(26), and interest as provided for in subsection (1).

21  The clerk shall receive full payment prior to the issuance of

22  the tax deed.

23         Section 12.  This section and section 1 of this act

24  shall take effect upon becoming a law and sections 9, 10, and

25  11 shall take effect October 1, 2001, as to sales for which

26  the respective application for obtaining a tax deed is filed

27  on or after October 1, 2001.

28         Section 13.  This act shall take effect October 1,

29  2001, except that this section and section 1 of this act shall

30  take effect upon becoming a law.

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