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A bill to be entitled

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An act relating to surplus lands available for affordable

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housing; transferring, renumbering, and amending ss.

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125.379 and 166.0451, F.S.; providing that a county or

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municipality that fails to complete and update the

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inventory of all real property held by the county or

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municipality which is appropriate for affordable housing

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is ineligible to receive any state funding for affordable

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housing; providing that determining when the inventory is

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updated or complete is a ministerial act; amending s.

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253.034, F.S.; requiring that a manager of conservation

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lands report to the Board of Trustees of the Internal

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Improvement Trust Fund at least every 5 years those lands

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that are not being used for the purpose for which they

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were originally leased; requiring that the Division of

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State Lands annually submit to the President of the Senate

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and the Speaker of the House of Representatives a copy of

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the state inventory that identifies all nonconservation

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lands; requiring the division to publish a copy of the

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annual inventory on its website and notify by electronic

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mail the executive head of the governing body of each

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local government having lands in the inventory within its

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jurisdiction; creating s. 1011.775, F.S.; requiring that

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every 3 years each district school board prepare an

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inventory list of all real property within its

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jurisdiction which is not included in the 5-year district

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facilities work plan; requiring the district school board

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to adopt a resolution that includes the inventory list;

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providing acceptable uses for properties identified as

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appropriate for use as affordable housing on the inventory

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list; providing that a district school board that fails to

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complete an inventory list is ineligible to receive

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funding under the Merit Award Program; amending s.

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1012.225, F.S.; requiring each district school board to

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certify to the Commissioner of Education its completion of

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a list of surplus real property; providing that the

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determination of completion of a district school board

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inventory by the Commissioner of Education is a

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ministerial act; 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.  Section 125.379, Florida Statutes, is

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transferred, renumbered as section 163.32431, Florida Statutes,

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and amended to read:

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     163.32431 125.379 Disposition of county property for

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affordable housing.--

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     (1)  By July 1, 2007, and every 3 years thereafter, each

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county shall prepare an inventory list of all real property

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within its jurisdiction to which the county holds fee simple

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title that is appropriate for use as affordable housing. The

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inventory list must include the address and legal description of

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each such real property and specify whether the property is

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vacant or improved. The governing body of the county must review

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the inventory list at a public hearing and may revise it at the

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conclusion of the public hearing. The governing body of the

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county shall adopt a resolution that includes an inventory list

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of such property following the public hearing.

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     (2)  The properties identified as appropriate for use as

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affordable housing on the inventory list adopted by the county

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may be offered for sale and the proceeds used to purchase land

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for the development of affordable housing or to increase the

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local government fund earmarked for affordable housing, or may be

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sold with a restriction that requires the development of the

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property as permanent affordable housing, or may be donated to a

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nonprofit housing organization for the construction of permanent

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affordable housing. Alternatively, the county may otherwise make

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the property available for use for the production and

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preservation of permanent affordable housing. For purposes of

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this section, the term "affordable" has the same meaning as in s.

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420.0004(3).

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(3) A county that fails to complete and update the

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inventory in accordance with the provisions of this section is

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ineligible to receive any state funding for affordable housing

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until the inventory or update is completed. The determination by

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an agency or entity that the inventory or update has been

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completed in order to release state funds for affordable housing

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is a ministerial act.

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     Section 2.  Section 166.0451, Florida Statutes, is

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transferred, renumbered as section 163.32432, Florida Statutes,

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and amended to read:

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     163.32432 166.0451 Disposition of municipal property for

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affordable housing.--

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     (1)  By July 1, 2007, and every 3 years thereafter, each

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municipality shall prepare an inventory list of all real property

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within its jurisdiction to which the municipality holds fee

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simple title that is appropriate for use as affordable housing.

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The inventory list must include the address and legal description

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of each such property and specify whether the property is vacant

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or improved. The governing body of the municipality must review

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the inventory list at a public hearing and may revise it at the

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conclusion of the public hearing. Following the public hearing,

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the governing body of the municipality shall adopt a resolution

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that includes an inventory list of such property.

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     (2)  The properties identified as appropriate for use as

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affordable housing on the inventory list adopted by the

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municipality may be offered for sale and the proceeds may be used

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to purchase land for the development of affordable housing or to

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increase the local government fund earmarked for affordable

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housing, or may be sold with a restriction that requires the

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development of the property as permanent affordable housing, or

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may be donated to a nonprofit housing organization for the

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construction of permanent affordable housing. Alternatively, the

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municipality may otherwise make the property available for use

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for the production and preservation of permanent affordable

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housing. For purposes of this section, the term "affordable" has

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the same meaning as in s. 420.0004(3).

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(3) A municipality that fails to complete and update the

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inventory in accordance with the provisions of this section is

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ineligible to receive any state funding for affordable housing

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until the inventory or update is completed. The determination by

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an agency or entity that the inventory or update has been

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completed in order to release state funds for affordable housing

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is a ministerial act.

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     Section 3.  Paragraph (c) of subsection (6) of section

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253.034, Florida Statutes, is amended, and paragraph (d) is added

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to subsection (8) of that section, to read:

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     253.034  State-owned lands; uses.--

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

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Fund shall determine which lands, the title to which is vested in

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the board, may be surplused. For conservation lands, the board

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shall make a determination that the lands are no longer needed

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for conservation purposes and may dispose of them by an

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affirmative vote of at least three members. In the case of a land

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exchange involving the disposition of conservation lands, the

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board must determine by an affirmative vote of at least three

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members that the exchange will result in a net positive

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conservation benefit. For all other lands, the board shall make a

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determination that the lands are no longer needed and may dispose

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of them by an affirmative vote of at least three members.

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     (c) At least every 5 10 years, as a component of each land

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management plan or land use plan and in a form and manner

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prescribed by rule by the board, each manager shall evaluate and

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indicate to the board those lands that are not being used for the

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purpose for which they were originally leased. For conservation

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lands, the council shall review and shall recommend to the board

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whether such lands should be retained in public ownership or

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disposed of by the board. For nonconservation lands, the division

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shall review such lands and shall recommend to the board whether

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such lands should be retained in public ownership or disposed of

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by the board.

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     (8)

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     (d) Beginning December 1, 2008, the Division of State Lands

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shall annually submit to the President of the Senate and the

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Speaker of the House of Representatives a copy of the state

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inventory that identifies all nonconservation lands, including

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lands that meet the surplus requirements of subsection (6) and

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lands purchased by the state, a state agency, or a water

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management district which are not essential or necessary for

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conservation purposes. The division shall also publish a copy of

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the annual inventory on its website and notify by electronic mail

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the executive head of the governing body of each local government

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that has lands in the inventory within its jurisdiction.

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     Section 4.  Section 1011.775, Florida Statutes, is created

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to read:

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     1011.775 Disposition of district school board property for

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affordable housing.--

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(1) By July 1, 2009, and every 3 years thereafter, each

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district school board shall prepare an inventory list of all real

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property within its jurisdiction to which the district holds fee

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simple title and which is not included in the 5-year district

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facilities work plan. The inventory list must include the address

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and legal description of each such property and specify whether

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the property is vacant or improved. The district school board

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must review the inventory list at a public meeting and determine

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if any property is surplus property and appropriate for

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affordable housing. For real property that is not included in the

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5-year district facilities work plan and that is not determined

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appropriate to be surplus property appropriate for affordable

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housing, the board shall state in the inventory list the public

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purpose for which the board intends to use the property. The

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board may revise the list at the conclusion of the public

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meeting. Following the public meeting, the district school board

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shall adopt a resolution that includes the inventory list.

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(2) Notwithstanding the provisions of ss. 1013.28 and

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1002.33(18)(e), the properties identified as appropriate for use

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as affordable housing on the inventory list adopted by the

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district school board may be offered for sale and the proceeds

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may be used to purchase land for the development of affordable

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housing or to increase the local government fund earmarked for

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affordable housing, may be sold with a restriction that requires

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the development of the property as permanent affordable housing,

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or may be donated to a nonprofit housing organization for the

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construction of permanent affordable housing. Alternatively, the

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district school board may otherwise make the property available

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for use for the production and preservation of permanent

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affordable housing. For purposes of this section, the term

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"affordable" has the same meaning as in s. 420.0004.

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(3) A district school board that fails to complete an

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inventory list in accordance with the provisions of this section

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is ineligible to receive funding under the Merit Award Program

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pursuant to s. 1012.225(5)(e) until completion of the inventory.

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     Section 5.  Subsection (5) of section 1012.225, Florida

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Statutes, to read:

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     1012.225  Merit Award Program for Instructional Personnel

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and School-Based Administrators.--

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     (5) REVIEW OF PERFORMANCE-BASED PAY PLANS; COMPLETION OF

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INVENTORY LIST.--

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     (a)  Each participating district school board must submit

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its Merit Award Program plan to the Commissioner of Education for

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review by October 1 of each year. The plan must include the

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negotiated, district-adopted plan or charter school adopted plan

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if the district does not submit a plan intended for use in the

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following year. The commissioner shall complete a review of each

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plan submitted and determine compliance with the requirements of

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this section by November 15 of each year. If a submitted plan

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fails to meet the requirements of this section, the commissioner

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must identify in writing the specific revisions that are

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required. Revised plans must be finalized and resubmitted by a

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school district, or by a charter school if the district does not

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submit a plan, for the commissioner's review by January 31 of

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each year. The commissioner shall certify those school district

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or charter school plans that do not comply with this section to

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the Governor, the President of the Senate, and the Speaker of the

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House of Representatives by February 15 of each year.

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     (b)  Any charter school that does not follow the school

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district's salary schedule may adopt its own performance-based

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plan in accordance with this section. Charter school proposals

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shall be included with the school district plans or may be

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submitted independently if the district does not submit a plan.

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     (c)  Each district school board shall establish a procedure

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to annually review both the assessment and compensation

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components of its plan in order to determine compliance with this

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section. After this review and by October 1 of each year, the

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district school board shall submit a report to the Commissioner

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of Education, along with supporting documentation that will

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enable the commissioner to verify the district's compliance with

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this section during the prior school year. The commissioner shall

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submit a report to the Governor, the President of the Senate, and

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the Speaker of the House of Representatives certifying those

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school district or charter school plans that do not comply with

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this section or whose plans were not implemented in accordance

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with this section by December 1 of each year.

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     (d)  For purposes of the 2007-2008 school year, the plan

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submitted as required in paragraph (a) applies to the 2007-2008

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school year as well as the 2008-2009 school year. Thereafter, all

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plans submitted and approved within the timelines set forth in

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paragraph (a) apply to the following school year.

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     (e) By July 1, 2009, and every 3 years thereafter, each

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district school board shall certify to the Commissioner of

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Education that the district school board has completed and

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updated an inventory list in accordance with the provisions of s.

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1011.775 in order to be eligible to receive funding for a Merit

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Award Program under this section. A district school board is

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ineligible to receive funds until completion of the inventory

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list. The determination by the Commissioner of Education that a

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district school board has not certified the completion of the

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inventory list is a ministerial act.

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     Section 6.  This act shall take effect July 1, 2008.