| 1 | A bill to be entitled |
| 2 | An act relating to disposition of public property for |
| 3 | affordable housing; amending ss. 125.379 and 166.0451, |
| 4 | F.S.; providing for ineligibility of counties and |
| 5 | municipalities to receive state funding for affordable |
| 6 | housing for failing to complete and update an inventory |
| 7 | list of certain real property; amending s. 253.034, F.S.; |
| 8 | increasing the frequency required of managers of state |
| 9 | lands under certain management or use plans to evaluate |
| 10 | and indicate to the Board of Trustees of the Internal |
| 11 | Improvement Trust Fund which lands are not being used for |
| 12 | certain purposes; requiring the Division of State Lands to |
| 13 | annually submit to the Legislature a state inventory of |
| 14 | certain lands; requiring publication of the inventory on |
| 15 | the division's website and notification of the heads of |
| 16 | the governing bodies of certain local governments; |
| 17 | creating s. 1011.775, F.S.; requiring district school |
| 18 | boards to prepare an inventory list of certain district |
| 19 | real property; providing requirements; requiring district |
| 20 | school boards to review the list and determine |
| 21 | appropriateness of properties for affordable housing; |
| 22 | requiring district school boards to state the public |
| 23 | purpose for use of certain properties; authorizing |
| 24 | district school boards to dispose of certain properties |
| 25 | for affordable housing purposes; providing for |
| 26 | ineligibility of district school boards to receive Merit |
| 27 | Award Program funding for failing to complete and update |
| 28 | an inventory list of certain real property; amending s. |
| 29 | 1012.225, F.S.; requiring district school boards to |
| 30 | certify completing and updating an inventory list of |
| 31 | certain real property for Merit Award Program funding |
| 32 | eligibility; specifying ineligibility for such funding |
| 33 | until completing and updating such list; providing an |
| 34 | effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Subsection (3) is added to section 125.379, |
| 39 | Florida Statutes, to read: |
| 40 | 125.379 Disposition of county property for affordable |
| 41 | housing.-- |
| 42 | (3) A county that fails to complete the inventory list in |
| 43 | accordance with this section is ineligible to receive any state |
| 44 | funding for affordable housing until the inventory is completed. |
| 45 | The determination by an agency or entity that the inventory has |
| 46 | been completed in order to release state funds for affordable |
| 47 | housing is a ministerial act. |
| 48 | Section 2. Subsection (3) is added to section 166.0451, |
| 49 | Florida Statutes, to read: |
| 50 | 166.0451 Disposition of municipal property for affordable |
| 51 | housing.-- |
| 52 | (3) A municipality that fails to complete the inventory |
| 53 | list in accordance with this section is ineligible to receive |
| 54 | any state funding for affordable housing until the inventory is |
| 55 | completed. The determination by an agency or entity that the |
| 56 | inventory has been completed in order to release state funds for |
| 57 | affordable housing is a ministerial act. |
| 58 | Section 3. Paragraph (c) of subsection (6) of section |
| 59 | 253.034, Florida Statutes, is amended, and paragraph (d) is |
| 60 | added to subsection (8) of that section, to read: |
| 61 | 253.034 State-owned lands; uses.-- |
| 62 | (6) The Board of Trustees of the Internal Improvement |
| 63 | Trust Fund shall determine which lands, the title to which is |
| 64 | vested in the board, may be surplused. For conservation lands, |
| 65 | the board shall make a determination that the lands are no |
| 66 | longer needed for conservation purposes and may dispose of them |
| 67 | by an affirmative vote of at least three members. In the case of |
| 68 | a land exchange involving the disposition of conservation lands, |
| 69 | the board must determine by an affirmative vote of at least |
| 70 | three members that the exchange will result in a net positive |
| 71 | conservation benefit. For all other lands, the board shall make |
| 72 | a determination that the lands are no longer needed and may |
| 73 | dispose of them by an affirmative vote of at least three |
| 74 | members. |
| 75 | (c) At least every 5 10 years, as a component of each land |
| 76 | management plan or land use plan and in a form and manner |
| 77 | prescribed by rule by the board, each manager shall evaluate and |
| 78 | indicate to the board those lands that are not being used for |
| 79 | the purpose for which they were originally leased. For |
| 80 | conservation lands, the council shall review and shall recommend |
| 81 | to the board whether such lands should be retained in public |
| 82 | ownership or disposed of by the board. For nonconservation |
| 83 | lands, the division shall review such lands and shall recommend |
| 84 | to the board whether such lands should be retained in public |
| 85 | ownership or disposed of by the board. |
| 86 | (8) |
| 87 | (d) Beginning December 1, 2008, the Division of State |
| 88 | Lands shall annually submit to the President of the Senate and |
| 89 | the Speaker of the House of Representatives a copy of the state |
| 90 | inventory that identifies all nonconservation lands, including |
| 91 | lands that meet the surplus requirements of subsection (6) and |
| 92 | lands purchased by the state, a state agency, or a water |
| 93 | management district which are not essential or necessary for |
| 94 | conservation purposes. The division shall also publish a copy of |
| 95 | the annual inventory on its website and notify by electronic |
| 96 | mail the executive head of the governing body of each local |
| 97 | government that has lands in the inventory within its |
| 98 | jurisdiction. |
| 99 | Section 4. Section 1011.775, Florida Statutes, is created |
| 100 | to read: |
| 101 | 1011.775 Disposition of district school board property for |
| 102 | affordable housing.-- |
| 103 | (1) By July 1, 2009, and every 3 years thereafter, each |
| 104 | district school board shall prepare an inventory list of all |
| 105 | real property within its jurisdiction to which the district |
| 106 | holds fee simple title and that is not included in the 5-year |
| 107 | district facilities work plan. The inventory list must include |
| 108 | the address and legal description of each such property and |
| 109 | specify whether the property is vacant or improved. The district |
| 110 | school board shall review the inventory list at a public meeting |
| 111 | and determine if any of the properties is appropriate to be |
| 112 | surplused for use as affordable housing. For real property that |
| 113 | is not included in the 5-year district facilities work plan and |
| 114 | that is not determined appropriate to be surplused for use as |
| 115 | affordable housing, the board shall state in the inventory list |
| 116 | the public purpose for which the board intends to use the |
| 117 | property. The board may revise the inventory list at the |
| 118 | conclusion of the public meeting. Following the public meeting, |
| 119 | the district school board shall adopt a resolution that includes |
| 120 | the inventory list. |
| 121 | (2) Notwithstanding the provisions of ss. 1002.33(18)(e) |
| 122 | and 1013.28, the properties identified as appropriate for use as |
| 123 | affordable housing on the inventory list adopted by the district |
| 124 | school board may be offered for sale and the proceeds may be |
| 125 | used to purchase land for the development of affordable housing |
| 126 | or to increase the local government fund earmarked for |
| 127 | affordable housing, may be sold with a restriction that requires |
| 128 | the development of the property as permanent affordable housing, |
| 129 | or may be donated to a nonprofit housing organization for the |
| 130 | construction of permanent affordable housing. Alternatively, the |
| 131 | district school board may otherwise make the property available |
| 132 | for use for the production and preservation of permanent |
| 133 | affordable housing. For purposes of this section, the term |
| 134 | "affordable" has the same meaning as that provided in s. |
| 135 | 420.0004(3). |
| 136 | (3) A district school board that fails to complete an |
| 137 | inventory list in accordance with this section is ineligible to |
| 138 | receive funding under the Merit Award Program pursuant to s. |
| 139 | 1012.225(5)(e) until completion of the inventory. |
| 140 | Section 5. Subsection (5) of section 1012.225, Florida |
| 141 | Statutes, is amended to read: |
| 142 | 1012.225 Merit Award Program for Instructional Personnel |
| 143 | and School-Based Administrators.-- |
| 144 | (5) REVIEW OF PERFORMANCE-BASED PAY PLANS; COMPLETION OF |
| 145 | INVENTORY LIST.-- |
| 146 | (a) Each participating district school board must submit |
| 147 | its Merit Award Program plan to the Commissioner of Education |
| 148 | for review by October 1 of each year. The plan must include the |
| 149 | negotiated, district-adopted plan or charter school adopted plan |
| 150 | if the district does not submit a plan intended for use in the |
| 151 | following year. The commissioner shall complete a review of each |
| 152 | plan submitted and determine compliance with the requirements of |
| 153 | this section by November 15 of each year. If a submitted plan |
| 154 | fails to meet the requirements of this section, the commissioner |
| 155 | must identify in writing the specific revisions that are |
| 156 | required. Revised plans must be finalized and resubmitted by a |
| 157 | school district, or by a charter school if the district does not |
| 158 | submit a plan, for the commissioner's review by January 31 of |
| 159 | each year. The commissioner shall certify those school district |
| 160 | or charter school plans that do not comply with this section to |
| 161 | the Governor, the President of the Senate, and the Speaker of |
| 162 | the House of Representatives by February 15 of each year. |
| 163 | (b) Any charter school that does not follow the school |
| 164 | district's salary schedule may adopt its own performance-based |
| 165 | plan in accordance with this section. Charter school proposals |
| 166 | shall be included with the school district plans or may be |
| 167 | submitted independently if the district does not submit a plan. |
| 168 | (c) Each district school board shall establish a procedure |
| 169 | to annually review both the assessment and compensation |
| 170 | components of its plan in order to determine compliance with |
| 171 | this section. After this review and by October 1 of each year, |
| 172 | the district school board shall submit a report to the |
| 173 | Commissioner of Education, along with supporting documentation |
| 174 | that will enable the commissioner to verify the district's |
| 175 | compliance with this section during the prior school year. The |
| 176 | commissioner shall submit a report to the Governor, the |
| 177 | President of the Senate, and the Speaker of the House of |
| 178 | Representatives certifying those school district or charter |
| 179 | school plans that do not comply with this section or whose plans |
| 180 | were not implemented in accordance with this section by December |
| 181 | 1 of each year. |
| 182 | (d) For purposes of the 2007-2008 school year, the plan |
| 183 | submitted as required in paragraph (a) applies to the 2007-2008 |
| 184 | school year as well as the 2008-2009 school year. Thereafter, |
| 185 | all plans submitted and approved within the timelines set forth |
| 186 | in paragraph (a) apply to the following school year. |
| 187 | (e) By July 1, 2009, and every 3 years thereafter, each |
| 188 | district school board shall certify to the Commissioner of |
| 189 | Education that the district school board has completed an |
| 190 | inventory list in accordance with the provisions of s. 1011.775 |
| 191 | in order to be eligible to receive funding for a Merit Award |
| 192 | Program under this section. A district school board is |
| 193 | ineligible to receive such funds until completion of the |
| 194 | inventory list. The determination by the Commissioner of |
| 195 | Education that a district school board has not certified the |
| 196 | completion of the inventory list is a ministerial act. |
| 197 | Section 6. This act shall take effect July 1, 2008. |