Senate Bill sb0262e2

    CS for SB 262                           Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to local governments; amending

  3         s. 253.034, F.S.; providing for the disposition

  4         of certain surplus state lands; amending s.

  5         274.02, F.S.; revising a definition to increase

  6         the monetary value of fixtures and tangible

  7         personal property that must be included in an

  8         inventory of property; repealing s. 274.12,

  9         F.S., relating to disposition of surplus

10         property; providing an effective date.

11  

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

13  

14         Section 1.  Paragraph (f) of subsection (6) of section

15  253.034, Florida Statutes, is amended, and subsection (12) is

16  added to that section to read:

17         253.034  State-owned lands; uses.--

18         (6)  The Board of Trustees of the Internal Improvement

19  Trust Fund shall determine which lands, the title to which is

20  vested in the board, may be surplused. For conservation lands,

21  the board shall make a determination that the lands are no

22  longer needed for conservation purposes and may dispose of

23  them by a two-thirds vote. In the case of a land exchange

24  involving the disposition of conservation lands, the board

25  must determine by at least a two-thirds vote that the exchange

26  will result in a net positive conservation benefit. For all

27  other lands, the board shall make a determination that the

28  lands are no longer needed and may dispose of them by majority

29  vote.

30         (f)  In reviewing lands owned by the board, the council

31  shall consider whether such lands would be more appropriately


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    CS for SB 262                           Second Engrossed (ntc)



 1  owned or managed by the county or other unit of local

 2  government in which the land is located. The council shall

 3  recommend to the board whether a sale, lease, or other

 4  conveyance to a local government would be in the best

 5  interests of the state and local government. The provisions of

 6  this paragraph in no way limit the provisions of ss. 253.111

 7  and 253.115. Such lands shall be offered to the state, county,

 8  or local government for a period of 30 days. Permittable uses

 9  for such surplus lands may include public schools; public

10  libraries; fire or law enforcement substations; and

11  governmental, judicial, or recreational centers.  County or

12  local government requests for surplus lands shall be expedited

13  throughout the surplusing process. If the county or local

14  government does not elect to purchase such lands in accordance

15  with s. 253.111, then any surplusing determination involving

16  other governmental agencies shall be made upon the board

17  deciding the best public use of the lands. Surplus properties

18  in which governmental agencies have expressed no interest

19  shall then be available for sale on the private market.

20  Notwithstanding this paragraph, any surplus lands that were

21  acquired by the state prior to 1960 by a gift or other

22  conveyance for no consideration from a municipality shall be

23  first offered for reconveyance at no cost to such

24  municipality, unless otherwise provided in a deed restriction

25  of record.

26         (12)(a)  In regard to an exchange of lands contemplated

27  between the Board of Trustees and the City of Lakeland,

28  Florida, commonly referred to as the "Teneroc Exchange", the

29  Legislature finds that the completion of the land exchange is

30  in the public interest; the lands currently owned by the Board

31  of Trustees which are to be conveyed to the City of Lakeland,


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    CS for SB 262                           Second Engrossed (ntc)



 1  Florida, are no longer needed for conservation purposes; and

 2  the lands proposed to be exchanged are considered to be of

 3  equal value and no further consideration shall be paid by the

 4  Board of Trustees or the City of Lakeland.

 5         (b)  Notwithstanding the requirements of Chapters 253,

 6  259, and 270, Florida Statutes, the Board of Trustees and the

 7  City of Lakeland, Florida shall consummate this exchange no

 8  later than August 31, 2003. The Board of Trustees shall

 9  include in the deed of conveyance to the City of Lakeland a

10  deed restriction that limits the use of the portion of the

11  property that was received by the Board as a donation to that

12  of a public purpose use by the City of Lakeland. The Board of

13  Trustees' deed of conveyance of the donated property shall

14  also contain a reverter that automatically reverts title to

15  the Board of Trustees if the City of Lakeland fails to use the

16  property for a public purpose.

17         Section 2.  Subsection (1) of section 274.02, Florida

18  Statutes, is amended to read:

19         274.02  Record and inventory of certain property.--

20         (1)  The word "property" as used in this section means

21  fixtures and other tangible personal property of a

22  nonconsumable nature the value of which is $1,000 $750 or more

23  and the normal expected life of which is 1 year or more.

24         Section 3.  Section 274.12, Florida Statutes, is

25  repealed.

26         Section 4.  This act shall take effect July 1, 2003.

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