HB 905

1
A bill to be entitled
2An act relating to disposition of public property for
3affordable housing; amending ss. 125.379 and 166.0451,
4F.S.; providing for ineligibility of counties and
5municipalities to receive state funding for affordable
6housing for failing to complete and update an inventory
7list of certain real property; amending s. 253.034, F.S.;
8increasing the frequency required of managers of state
9lands under certain management or use plans to evaluate
10and indicate to the Board of Trustees of the Internal
11Improvement Trust Fund which lands are not being used for
12certain purposes; requiring the Division of State Lands to
13annually submit to the Legislature a state inventory of
14certain lands; requiring publication of the inventory on
15the division's website and notification of the heads of
16the governing bodies of certain local governments;
17creating s. 1011.775, F.S.; requiring district school
18boards to prepare an inventory list of certain district
19real property; providing requirements; requiring district
20school boards to review the list and determine
21appropriateness of properties for affordable housing;
22requiring district school boards to state the public
23purpose for use of certain properties; authorizing
24district school boards to dispose of certain properties
25for affordable housing purposes; providing for
26ineligibility of district school boards to receive Merit
27Award Program funding for failing to complete and update
28an inventory list of certain real property; amending s.
291012.225, F.S.; requiring district school boards to
30certify completing and updating an inventory list of
31certain real property for Merit Award Program funding
32eligibility; specifying ineligibility for such funding
33until completing and updating such list; providing an
34effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsection (3) is added to section 125.379,
39Florida Statutes, to read:
40     125.379  Disposition of county property for affordable
41housing.--
42     (3)  A county that fails to complete the inventory list in
43accordance with this section is ineligible to receive any state
44funding for affordable housing until the inventory is completed.
45The determination by an agency or entity that the inventory has
46been completed in order to release state funds for affordable
47housing is a ministerial act.
48     Section 2.  Subsection (3) is added to section 166.0451,
49Florida Statutes, to read:
50     166.0451  Disposition of municipal property for affordable
51housing.--
52     (3)  A municipality that fails to complete the inventory
53list in accordance with this section is ineligible to receive
54any state funding for affordable housing until the inventory is
55completed. The determination by an agency or entity that the
56inventory has been completed in order to release state funds for
57affordable housing is a ministerial act.
58     Section 3.  Paragraph (c) of subsection (6) of section
59253.034, Florida Statutes, is amended, and paragraph (d) is
60added 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
63Trust Fund shall determine which lands, the title to which is
64vested in the board, may be surplused. For conservation lands,
65the board shall make a determination that the lands are no
66longer needed for conservation purposes and may dispose of them
67by an affirmative vote of at least three members. In the case of
68a land exchange involving the disposition of conservation lands,
69the board must determine by an affirmative vote of at least
70three members that the exchange will result in a net positive
71conservation benefit. For all other lands, the board shall make
72a determination that the lands are no longer needed and may
73dispose of them by an affirmative vote of at least three
74members.
75     (c)  At least every 5 10 years, as a component of each land
76management plan or land use plan and in a form and manner
77prescribed by rule by the board, each manager shall evaluate and
78indicate to the board those lands that are not being used for
79the purpose for which they were originally leased. For
80conservation lands, the council shall review and shall recommend
81to the board whether such lands should be retained in public
82ownership or disposed of by the board. For nonconservation
83lands, the division shall review such lands and shall recommend
84to the board whether such lands should be retained in public
85ownership or disposed of by the board.
86     (8)
87     (d)  Beginning December 1, 2008, the Division of State
88Lands shall annually submit to the President of the Senate and
89the Speaker of the House of Representatives a copy of the state
90inventory that identifies all nonconservation lands, including
91lands that meet the surplus requirements of subsection (6) and
92lands purchased by the state, a state agency, or a water
93management district which are not essential or necessary for
94conservation purposes. The division shall also publish a copy of
95the annual inventory on its website and notify by electronic
96mail the executive head of the governing body of each local
97government that has lands in the inventory within its
98jurisdiction.
99     Section 4.  Section 1011.775, Florida Statutes, is created
100to read:
101     1011.775  Disposition of district school board property for
102affordable housing.--
103     (1)  By July 1, 2009, and every 3 years thereafter, each
104district school board shall prepare an inventory list of all
105real property within its jurisdiction to which the district
106holds fee simple title and that is not included in the 5-year
107district facilities work plan. The inventory list must include
108the address and legal description of each such property and
109specify whether the property is vacant or improved. The district
110school board shall review the inventory list at a public meeting
111and determine if any of the properties is appropriate to be
112surplused for use as affordable housing. For real property that
113is not included in the 5-year district facilities work plan and
114that is not determined appropriate to be surplused for use as
115affordable housing, the board shall state in the inventory list
116the public purpose for which the board intends to use the
117property. The board may revise the inventory list at the
118conclusion of the public meeting. Following the public meeting,
119the district school board shall adopt a resolution that includes
120the inventory list.
121     (2)  Notwithstanding the provisions of ss. 1002.33(18)(e)
122and 1013.28, the properties identified as appropriate for use as
123affordable housing on the inventory list adopted by the district
124school board may be offered for sale and the proceeds may be
125used to purchase land for the development of affordable housing
126or to increase the local government fund earmarked for
127affordable housing, may be sold with a restriction that requires
128the development of the property as permanent affordable housing,
129or may be donated to a nonprofit housing organization for the
130construction of permanent affordable housing. Alternatively, the
131district school board may otherwise make the property available
132for use for the production and preservation of permanent
133affordable housing. For purposes of this section, the term
134"affordable" has the same meaning as that provided in s.
135420.0004(3).
136     (3)  A district school board that fails to complete an
137inventory list in accordance with this section is ineligible to
138receive funding under the Merit Award Program pursuant to s.
1391012.225(5)(e) until completion of the inventory.
140     Section 5.  Subsection (5) of section 1012.225, Florida
141Statutes, is amended to read:
142     1012.225  Merit Award Program for Instructional Personnel
143and School-Based Administrators.--
144     (5)  REVIEW OF PERFORMANCE-BASED PAY PLANS; COMPLETION OF
145INVENTORY LIST.--
146     (a)  Each participating district school board must submit
147its Merit Award Program plan to the Commissioner of Education
148for review by October 1 of each year. The plan must include the
149negotiated, district-adopted plan or charter school adopted plan
150if the district does not submit a plan intended for use in the
151following year. The commissioner shall complete a review of each
152plan submitted and determine compliance with the requirements of
153this section by November 15 of each year. If a submitted plan
154fails to meet the requirements of this section, the commissioner
155must identify in writing the specific revisions that are
156required. Revised plans must be finalized and resubmitted by a
157school district, or by a charter school if the district does not
158submit a plan, for the commissioner's review by January 31 of
159each year. The commissioner shall certify those school district
160or charter school plans that do not comply with this section to
161the Governor, the President of the Senate, and the Speaker of
162the House of Representatives by February 15 of each year.
163     (b)  Any charter school that does not follow the school
164district's salary schedule may adopt its own performance-based
165plan in accordance with this section. Charter school proposals
166shall be included with the school district plans or may be
167submitted independently if the district does not submit a plan.
168     (c)  Each district school board shall establish a procedure
169to annually review both the assessment and compensation
170components of its plan in order to determine compliance with
171this section. After this review and by October 1 of each year,
172the district school board shall submit a report to the
173Commissioner of Education, along with supporting documentation
174that will enable the commissioner to verify the district's
175compliance with this section during the prior school year. The
176commissioner shall submit a report to the Governor, the
177President of the Senate, and the Speaker of the House of
178Representatives certifying those school district or charter
179school plans that do not comply with this section or whose plans
180were not implemented in accordance with this section by December
1811 of each year.
182     (d)  For purposes of the 2007-2008 school year, the plan
183submitted as required in paragraph (a) applies to the 2007-2008
184school year as well as the 2008-2009 school year. Thereafter,
185all plans submitted and approved within the timelines set forth
186in paragraph (a) apply to the following school year.
187     (e)  By July 1, 2009, and every 3 years thereafter, each
188district school board shall certify to the Commissioner of
189Education that the district school board has completed an
190inventory list in accordance with the provisions of s. 1011.775
191in order to be eligible to receive funding for a Merit Award
192Program under this section. A district school board is
193ineligible to receive such funds until completion of the
194inventory list. The determination by the Commissioner of
195Education that a district school board has not certified the
196completion of the inventory list is a ministerial act.
197     Section 6.  This act shall take effect July 1, 2008.


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