Senate Bill sb0668c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                     CS for CS for SB 668

    By the Committees on General Government Appropriations;
    Agriculture; and Senator Fasano




    601-2402-07

  1                      A bill to be entitled

  2         An act relating to surplus state lands;

  3         amending s. 253.034, F.S.; providing for

  4         reconveyance of certain state lands to certain

  5         fair associations under specified

  6         circumstances; authorizing agencies last

  7         holding a lease of such lands to remove

  8         improvements, fixtures, goods, wares, and

  9         merchandise from such lands within a time

10         certain after reconveyance; providing for

11         expiration; providing an effective date.

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

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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.

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    Florida Senate - 2007                     CS for CS for SB 668
    601-2402-07




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

 2  council shall consider whether such lands would be more

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

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

 5  shall 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; governmental,

13  judicial, or recreational centers; and affordable housing

14  meeting the criteria of s. 420.0004(3). County or local

15  government requests for surplus lands shall be expedited

16  throughout the surplusing process. If the county or local

17  government does not elect to purchase such lands in accordance

18  with s. 253.111, then any surplusing determination involving

19  other governmental agencies shall be made upon the board

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

21  in which governmental agencies have expressed no interest

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

23         2.  Notwithstanding subparagraph 1., any surplus lands

24  that were acquired by the state prior to 1958 by a gift or

25  other conveyance for no consideration from a municipality, and

26  which the department has filed by July 1, 2006, a notice of

27  its intent to surplus, shall be first offered for reconveyance

28  to such municipality at no cost, but for the fair market value

29  of any building or other improvements to the land, unless

30  otherwise provided in a deed restriction of record. This

31  subparagraph expires July 1, 2006.

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    Florida Senate - 2007                     CS for CS for SB 668
    601-2402-07




 1         3.  Notwithstanding subparagraph 1., any parcel of

 2  surplus lands less than 3 acres in size which was acquired by

 3  the state before 1955 by gift or other conveyance or for $1

 4  consideration from a fair association incorporated under

 5  chapter 616 for the purpose of conducting and operating public

 6  fairs or expositions, and concerning which the department has

 7  filed by July 1, 2008, a notice of intent to dispose of as

 8  surplus lands, shall be offered for reconveyance to such fair

 9  association for no consideration; however, the agency that

10  last held the lease from the board for management of such

11  lands may remove from the lands any improvements, fixtures,

12  goods, wares, and merchandise within 180 days after the

13  effective date of the reconveyance. This subparagraph expires

14  July 1, 2008.

15         Section 2.  This act shall take effect July 1, 2007.

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                            CS/SB 668

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20  Corrects a drafting error to clarify the bill only pertains to
    lands gifted or conveyed to the state from a fair association,
21  prior to 1955, for no consideration or for one dollar.

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