CS/HB 395

1
A bill to be entitled
2An act relating to surplus state lands; amending s.
3253.034, F.S.; providing for reconveyance of certain state
4lands to certain fair associations at no cost under
5certain circumstances; authorizing certain agencies to
6remove certain improvements, fixtures, goods, wares, and
7merchandise from such lands within a time certain after
8reconveyance; providing for expiration; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (f) of subsection (6) of section
14253.034, Florida Statutes, is amended to read:
15     253.034  State-owned lands; uses.--
16     (6)  The Board of Trustees of the Internal Improvement
17Trust Fund shall determine which lands, the title to which is
18vested in the board, may be surplused. For conservation lands,
19the board shall make a determination that the lands are no
20longer needed for conservation purposes and may dispose of them
21by an affirmative vote of at least three members. In the case of
22a land exchange involving the disposition of conservation lands,
23the board must determine by an affirmative vote of at least
24three members that the exchange will result in a net positive
25conservation benefit. For all other lands, the board shall make
26a determination that the lands are no longer needed and may
27dispose of them by an affirmative vote of at least three
28members.
29     (f)1.  In reviewing lands owned by the board, the council
30shall consider whether such lands would be more appropriately
31owned or managed by the county or other unit of local government
32in which the land is located. The council shall recommend to the
33board whether a sale, lease, or other conveyance to a local
34government would be in the best interests of the state and local
35government. The provisions of this paragraph in no way limit the
36provisions of ss. 253.111 and 253.115. Such lands shall be
37offered to the state, county, or local government for a period
38of 30 days. Permittable uses for such surplus lands may include
39public schools; public libraries; fire or law enforcement
40substations; governmental, judicial, or recreational centers;
41and affordable housing meeting the criteria of s. 420.0004(3).
42County or local government requests for surplus lands shall be
43expedited throughout the surplusing process. If the county or
44local government does not elect to purchase such lands in
45accordance with s. 253.111, then any surplusing determination
46involving other governmental agencies shall be made upon the
47board deciding the best public use of the lands. Surplus
48properties in which governmental agencies have expressed no
49interest shall then be available for sale on the private market.
50     2.  Notwithstanding subparagraph 1., any surplus lands that
51were acquired by the state prior to 1958 by a gift or other
52conveyance for no consideration from a municipality, and which
53the department has filed by July 1, 2006, a notice of its intent
54to surplus, shall be first offered for reconveyance to such
55municipality at no cost, but for the fair market value of any
56building or other improvements to the land, unless otherwise
57provided in a deed restriction of record. This subparagraph
58expires July 1, 2006.
59     3.  Notwithstanding subparagraph 1., any parcel of surplus
60lands less than 3 acres in size that was acquired by the state
61prior to 1955 by gift or other conveyance for no consideration
62from a fair association incorporated under chapter 616 for the
63purpose of conducting and operating public fairs or expositions,
64and for which the department has filed by July 1, 2008, a notice
65of intent to surplus, shall be offered for reconveyance to such
66fair association for no consideration; however, the agency that
67last held a lease from the board for management of such lands
68may remove from the lands any improvements, fixtures, goods,
69wares, and merchandise within 180 days after the effective date
70of the reconveyance. This subparagraph expires July 1, 2008.
71     Section 2.  This act shall take effect July 1, 2007.


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