Senate Bill sb0424c1

    Florida Senate - 2004                            CS for SB 424

    By the Committee on Governmental Oversight and Productivity;
    and Senators Geller and Constantine




    302-2138-04

  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; amending s. 274.12,

  9         F.S.; authorizing special districts to use the

10         surplus property alternative procedure;

11         providing an effective date.

12  

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

14  

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

16  253.034, Florida Statutes, is amended 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 an affirmative vote of at least three members. In the

24  case of a land exchange involving the disposition of

25  conservation lands, the board must determine by an affirmative

26  vote of at least three members that the exchange will result

27  in a net positive conservation benefit. For all other lands,

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

29  longer needed and may dispose of them by an affirmative vote

30  of at least three members.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 424
    302-2138-04




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

 2  shall consider whether such lands would be more appropriately

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

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

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

 6  conveyance to a local government would be in the best

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

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

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

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

11  for such surplus lands may include public schools; public

12  libraries; fire or law enforcement substations; and

13  governmental, judicial, or recreational centers. County or

14  local government requests for surplus lands shall be expedited

15  throughout the surplusing process. If the county or local

16  government does not elect to purchase such lands in accordance

17  with s. 253.111, then any surplusing determination involving

18  other governmental agencies shall be made upon the board

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

20  in which governmental agencies have expressed no interest

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

22  Notwithstanding this paragraph, any surplus lands that were

23  acquired by the state prior to 1958 by a gift or other

24  conveyance for no consideration from a municipality shall be

25  first offered for reconveyance to such municipality at no

26  cost, but for the fair market value of any building or other

27  improvements to the land, unless otherwise provided in a deed

28  restriction of record.

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

30  Statutes, is amended to read:

31         274.02  Record and inventory of certain property.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 424
    302-2138-04




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

 2  fixtures and other tangible personal property of a

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

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

 5         Section 3.  Section 274.12, Florida Statutes, is

 6  amended to read:

 7         274.12  Special districts subject to this chapter ch.

 8  79-183.--Every special district governed by the provisions of

 9  this act shall comply with the provisions of this chapter s.

10  274.05.

11         Section 4.  This act shall take effect July 1, 2004.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              SB 424

15                                 

16  Changes the date of lands captured by the bill from 1960 to
    1958.
17  
    Requires payment for fair market value of improvements to the
18  land being surplused.

19  Provides that special districts subject to the provisions of
    the act must comply with the provisions of the chapter.
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CODING: Words stricken are deletions; words underlined are additions.