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A bill to be entitled

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An act relating to the acquisition of state lands;

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amending s. 253.025, F.S.; decreasing the minimum

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estimated value of a parcel allowed before two appraisals

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are required; requiring the Department of Agriculture and

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Consumer Services to select one of the appraisers for such

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appraisal; providing that a third appraisal may be

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obtained under certain circumstances; requiring the

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Department of Financial Services to select a third

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appraiser and a review appraiser if the estimated value of

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a parcel exceeds a certain amount; providing that an

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appraisal prepared by the Division of State Lands may be

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used under certain circumstances; amending s. 259.041,

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F.S.; prohibiting the Board of Trustees of the Internal

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Improvement Trust Fund from waiving certain requirements

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relating to the appraisal of state-owned lands; requiring

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the board of trustees to adopt requirements for multiple

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purchasers; requiring that the state's contribution not

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exceed the difference between the appraised value and the

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sum of the contributions from other parties to the joint

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acquisition; providing an effective date.

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

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     Section 1.  Paragraph (a) of subsection (6) of section

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253.025, Florida Statutes, is amended to read:

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     253.025  Acquisition of state lands for purposes other than

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preservation, conservation, and recreation.--

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     (6)  Prior to negotiations with the parcel owner to purchase

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land pursuant to this section, title to which will vest in the

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board of trustees, an appraisal of the parcel shall be required

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as follows:

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     (a)  Each parcel to be acquired shall have at least one

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appraisal. Two appraisals are required when the estimated value

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of the parcel exceeds $500,000. If two appraisals are required,

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the Department of Agriculture and Consumer Services shall select

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one of the appraisers. A third appraisal may be obtained if both

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appraisals exceed $500,000 and differ significantly, in which

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case the Department of Financial Services shall select the third

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appraiser. The Department of Financial Services shall select a

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review appraiser if the estimated value of a parcel exceeds

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$500,000 $1 million. When a parcel is estimated to be worth

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$100,000 or less and the director of the Division of State Lands

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finds that the cost of an outside appraisal is not justified, an

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appraisal prepared by the division may be used a comparable sales

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analysis or other reasonably prudent procedures may be used by

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the division to estimate the value of the parcel, provided the

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public's interest is reasonably protected. The state is not

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required to appraise the value of lands and appurtenances that

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are being donated to the state.

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     Section 2.  Subsections (1), (2), and (3) and paragraphs (b)

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and (d) of subsection (7) of section 259.041, Florida Statutes,

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are amended to read:

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     259.041  Acquisition of state-owned lands for preservation,

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conservation, and recreation purposes.--

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     (1)  Neither the Board of Trustees of the Internal

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Improvement Trust Fund nor its duly authorized agent shall commit

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the state, through any instrument of negotiated contract or

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agreement for purchase, to the purchase of lands with or without

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appurtenances unless the provisions of this section have been

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fully complied with. Except for the requirements of subsections

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(3), (7), (14), and (15), the board of trustees may waive any

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requirements of this section, may waive any rules adopted

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pursuant to this section, notwithstanding chapter 120, or may

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substitute other reasonably prudent procedures, provided the

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public's interest is reasonably protected. The title to lands

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acquired pursuant to this section shall vest in the board of

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trustees as provided in s. 253.03(1), unless otherwise provided

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by law, and all such titled lands shall be administered pursuant

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to the provisions of s. 253.03.

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     (2)  The board of trustees has authority to adopt rules

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pursuant to ss. 120.536(1) and 120.54 to implement the provisions

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of this section, including rules governing the terms and

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conditions of land purchases. Such rules shall address with

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specificity, but not be limited to:

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     (a)  The procedures to be followed in the acquisition

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process, including selection of appraisers, surveyors, title

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agents and closing agents, and the content of appraisal reports.

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     (b)  The determination of the value of parcels which the

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state has an interest to acquire.

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     (c)  Special requirements when multiple landowners are

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involved in an acquisition.

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     (d)  Requirements for obtaining written option agreements so

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that the interests of the state are fully protected.

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     (e) Special requirements if multiple purchasers are

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involved in an acquisition.

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     (3)  No agreement to acquire real property for the purposes

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described in this chapter, chapter 260, or chapter 375, title to

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which will vest in the board of trustees, may bind the state

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unless and until the agreement has been reviewed and approved by

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the Department of Environmental Protection as complying with the

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requirements of this section and any rules adopted pursuant to

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this section. If the state is a party to a joint acquisition in

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which another entity is contributing to the agreed contract

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price, the state's contribution may not exceed the difference

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between the appraised value, as determined by the state, and the

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sum of the contributions from other parties. If Where any of the

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following conditions exist, the agreement shall be submitted to

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and approved by the board of trustees:

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     (a)  The purchase price agreed to by the seller exceeds the

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value as established pursuant to the rules of the board of

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trustees;

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     (b)  The contract price agreed to by the seller and

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acquiring agency exceeds $1 million;

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     (c)  The acquisition is the initial purchase in a project;

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or

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     (d)  Other conditions that the board of trustees may adopt

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by rule. Such conditions may include, but not be limited to,

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projects where title to the property being acquired is considered

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nonmarketable or is encumbered in such a way as to significantly

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affect its management.

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Where approval of the board of trustees is required pursuant to

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this subsection, the acquiring agency must provide a

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justification as to why it is in the public's interest to acquire

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the parcel or project. Approval of the board of trustees also is

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required for projects the department recommends acquiring

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pursuant to subsections (14) and (15). Review and approval of

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agreements for acquisitions for Florida Greenways and Trails

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Program properties pursuant to chapter 260 may be waived by the

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department in any contract with nonprofit corporations that have

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agreed to assist the department with this program.

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     (7)  Prior to approval by the board of trustees or, when

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applicable, the Department of Environmental Protection, of any

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agreement to purchase land pursuant to this chapter, chapter 260,

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or chapter 375, and prior to negotiations with the parcel owner

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to purchase any other land, title to which will vest in the board

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of trustees, an appraisal of the parcel shall be required as

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follows:

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     (b)  Each parcel to be acquired shall have at least one

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appraisal. Two appraisals are required when the estimated value

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of the parcel exceeds $500,000. If two appraisals are required,

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the Department of Agriculture and Consumer Services shall select

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one of the appraisers. If However, when both appraisals exceed

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$500,000 and differ significantly, a third appraisal may be

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obtained, in which case the Department of Financial Services

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shall select the third appraiser. The Department of Financial

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Services shall select a review appraiser if the estimated value

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of a parcel exceeds $500,000. When a parcel is estimated to be

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worth $100,000 or less and the director of the Division of State

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Lands finds that the cost of obtaining an outside appraisal is

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not justified, an appraisal prepared by the division may be used.

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     (d) The fee appraiser and the review appraiser for the

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agency shall not act in any way that may be construed as

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negotiating with the property owner.

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Notwithstanding the provisions of this subsection, on behalf of

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the board and before the appraisal of parcels approved for

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purchase under this chapter, the Secretary of Environmental

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Protection or the director of the Division of State Lands may

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enter into option contracts to buy such parcels. Any such option

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contract shall state that the final purchase price is subject to

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approval by the board or, when applicable, the secretary and that

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the final purchase price may not exceed the maximum offer allowed

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by law. The consideration for such an option may not exceed

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$1,000 or 0.01 percent of the estimate by the department of the

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value of the parcel, whichever amount is greater.

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     Section 3.  This act shall take effect July 1, 2008.