Florida Senate - 2010 CS for SB 1516
By the Committee on General Government Appropriations; and
Senator Baker
601-03269-10 20101516c1
1 A bill to be entitled
2 An act relating to state-owned lands; amending s.
3 193.023, F.S.; requiring the property appraiser to
4 physically inspect any parcel of taxable or state
5 owned real property upon the request of the taxpayer
6 or owner; amending s. 193.085, F.S.; removing
7 provisions requiring the Department of Revenue to
8 notify property appraisers of state ownership of real
9 property; requiring local governments to notify
10 property appraisers of lands owned by the local
11 government; amending s. 213.053, F.S.; authorizing the
12 Department of Revenue to disclose certain information
13 to the Department of Environmental Protection
14 regarding state-owned lands; amending s. 216.0152,
15 F.S.; requiring the Division of Real Estate
16 Development and Management in the Department of
17 Environmental Protection rather than the Department of
18 Management Services to develop and maintain an
19 automated inventory of all facilities owned, leased,
20 rented, or otherwise occupied or maintained by any
21 agency of the state; requiring that the facilities
22 inventory data be provided to the department on or
23 before a specified date each year by the owning or
24 operating state agency; requiring the division to
25 adopt rules; directing the department to update its
26 inventory with information concerning the physical
27 condition of facilities that have 3,000 square feet or
28 more of usable space; requiring the department to
29 submit annually a report to the Governor and the
30 Legislature which lists the state-owned real property
31 recommended for disposition; amending s. 253.03, F.S.;
32 requiring the Department of Revenue to furnish, in
33 electronic form, annual current tax roll data for
34 public lands to the Board of Trustees of the Internal
35 Improvement Trust Fund to be used in compiling the
36 inventory of public lands; requiring the board to use
37 tax roll data from the Department of Revenue to assist
38 in the identification and confirmation of publicly
39 held lands; amending s. 253.034, F.S.; removing
40 provisions relating to an inventory of public lands,
41 including federal lands, within the state; requiring
42 that a building or parcel of land be offered for lease
43 to state agencies, state universities, and community
44 colleges before being offered for lease, sublease, or
45 sale to a local or federal unit of government or a
46 private party; requiring that priority consideration
47 for such a lease be given to state universities and
48 community colleges; requiring that a state university
49 or community college submit a plan regarding the
50 intended use of such building or parcel of land for
51 review and approval by the Board of Trustees of the
52 Internal Improvement Trust Fund before approval of a
53 lease; providing that priority consideration be given
54 to the University of South Florida Polytechnic for the
55 lease of vacant land and buildings located at the G.
56 Pierce Wood facility in DeSoto County; providing for
57 future expiration; creating the comprehensive state
58 owned real property system; directing the Department
59 of Environmental Protection to create, administer,
60 operate, and maintain a comprehensive system for all
61 state lands and real property leased, owned, rented,
62 or otherwise occupied or maintained by any state
63 agency or the judicial branch; providing for a
64 database of all real property owned or leased by the
65 state; requiring all state agencies to enter required
66 real property information into the comprehensive
67 state-owned real property system; describing the
68 principal objectives of the comprehensive state-owned
69 real property system; setting forth the timeframes in
70 which the department must complete the comprehensive
71 state-owned real property system; requiring the
72 department to report to the Governor and Legislature
73 by a specified date; providing for an executive
74 steering committee for management of the comprehensive
75 state-owned real property system; describing the
76 composition of the executive steering committee;
77 setting forth the responsibilities of the executive
78 steering committee; creating a project management team
79 to work under the direction of the executive steering
80 committee; requiring the project management team to be
81 headed by a full-time project manager and to consist
82 of senior managers and personnel appointed by members
83 of the executive steering committee; setting forth the
84 responsibilities of the project management team;
85 providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Subsection (2) of section 193.023, Florida
90 Statutes, is amended to read
91 193.023 Duties of the property appraiser in making
92 assessments.—
93 (2) In making his or her assessment of the value of real
94 property, the property appraiser is required to physically
95 inspect the property at least once every 5 years. Where
96 geographically suitable, and at the discretion of the property
97 appraiser, the property appraiser may use image technology in
98 lieu of physical inspection to ensure that the tax roll meets
99 all the requirements of law. The Department of Revenue shall
100 establish minimum standards for the use of image technology
101 consistent with standards developed by professionally recognized
102 sources for mass appraisal of real property. However, the
103 property appraiser shall physically inspect any parcel of
104 taxable or state-owned real property upon the request of the
105 taxpayer or owner.
106 Section 2. Paragraph (a) of subsection (3) of section
107 193.085, Florida Statutes, is amended to read:
108 193.085 Listing all property.—
109 (3)(a) The department will coordinate with all other
110 departments of state government to ensure that the several
111 property appraisers are properly notified annually of state
112 ownership of real property. The department shall promulgate
113 regulations to ensure that All forms of local government,
114 special taxing districts, multicounty districts, and
115 municipalities shall provide written annual notification to
116 properly notify annually the several property appraisers of any
117 and all real property owned by any of them so that ownership of
118 all such property will be properly listed.
119 Section 3. Paragraph (z) is added to subsection (8) of
120 section 213.053, Florida Statutes, to read:
121 213.053 Confidentiality and information sharing.—
122 (8) Notwithstanding any other provision of this section,
123 the department may provide:
124 (z) Information relative to ss. 253.03(8) and 253.0325 to
125 the Department of Environmental Protection in the conduct of its
126 official business.
127
128 Disclosure of information under this subsection shall be
129 pursuant to a written agreement between the executive director
130 and the agency. Such agencies, governmental or nongovernmental,
131 shall be bound by the same requirements of confidentiality as
132 the Department of Revenue. Breach of confidentiality is a
133 misdemeanor of the first degree, punishable as provided by s.
134 775.082 or s. 775.083.
135 Section 4. Section 216.0152, Florida Statutes, is amended
136 to read:
137 216.0152 Inventory of state-owned facilities or state
138 occupied facilities.—
139 (1) The Division of Real Estate Development and Management
140 in the Department of Environmental Protection Management
141 Services shall develop and maintain an automated inventory of
142 all facilities owned, leased, rented, or otherwise occupied or
143 maintained by any agency of the state or by the judicial branch,
144 except those with less than 3,000 square feet. The inventory
145 data shall be provided by the owning or operating agency and
146 shall include the location, occupying agency, ownership, size,
147 condition assessment, valuations, operating costs, maintenance
148 record, age, parking and employee facilities, building uses,
149 full-time equivalent occupancy, known restrictions or historic
150 designations including conservation land status, leases or
151 subleases and associated revenues, and other information as
152 required in a rule adopted by the department. The department
153 shall use this data for determining maintenance needs,
154 conducting strategic analyses, including, but not limited to,
155 analyzing and identifying candidates for surplus, valuation, and
156 disposition, and life-cycle cost evaluations of the facility.
157 Inventory data shall be provided to the department on or before
158 July 1 of each year by the owning or operating agency in a
159 format prescribed by the department. The inventory need not
160 include a condition assessment or maintenance record of
161 facilities not owned by a state agency or by the judicial
162 branch. The term “facility,” as used in this section, means
163 buildings, structures, and building systems, but does not
164 include transportation facilities of the state transportation
165 system. The Department of Transportation shall develop and
166 maintain an inventory of transportation facilities of the state
167 transportation system. The Board of Governors of the State
168 University System and the Department of Education, respectively,
169 shall develop and maintain an inventory, in the manner
170 prescribed by the Department of Management Services, of all
171 state university and community college facilities and shall make
172 the data available in a format acceptable to the Department of
173 Environmental Protection Management Services. The division shall
174 adopt rules pursuant to ss. 120.536 and 120.54, Florida Statutes
175 to, administer this section by March 15, 2011.
176 (2) For the purpose of assessing needed repairs and
177 renovations of facilities, the Department of Environmental
178 Protection Management Services shall update its inventory with
179 condition information for facilities of 3,000 square feet or
180 more and cause to be updated the other inventories required by
181 subsection (1) at least once every 5 years, but the inventories
182 shall record acquisitions of new facilities and significant
183 changes in existing facilities as they occur. The Department of
184 Management Services shall provide each agency and the judicial
185 branch with the most recent inventory applicable to that agency
186 or to the judicial branch. Each agency and the judicial branch
187 shall, in the manner prescribed by the Department of Management
188 Services, report significant changes in the inventory as they
189 occur. Items relating to the condition and life-cycle cost of a
190 facility shall be updated at least every 5 years.
191 (3) By October 1, 2011, and annually thereafter, the
192 Division of Real Estate Development and Management, in the
193 Department of Environmental Protection, shall submit to the
194 Governor, the President of the Senate, and the Speaker of the
195 House of Representatives a report that lists the state-owned
196 real property recommended for disposition. The Department of
197 Management Services shall, every 3 years, publish a complete
198 report detailing this inventory and shall publish an annual
199 update of the report. The department shall furnish the updated
200 report to the Executive Office of the Governor and the
201 Legislature no later than September 15 of each year.
202 Section 5. Subsection (8) of section 253.03, Florida
203 Statutes, is amended to read:
204 253.03 Board of trustees to administer state lands; lands
205 enumerated.—
206 (8)(a) The Board of Trustees of the Internal Improvement
207 Trust Fund shall prepare, using tax roll data provided by the
208 Department of Revenue, as supplied by the counties, an annual
209 inventory of all publicly owned lands within the state. Such
210 inventory shall include all lands owned by any unit of state
211 government or local government; by the Federal Government, to
212 the greatest extent possible; and by any other public entity.
213 The board shall submit a summary report of the inventory and a
214 list of major discrepancies between the inventory and the tax
215 roll data to the President of the Senate and the Speaker of the
216 House of Representatives on or before March 1 of each year.
217 (b) In addition to any other parcel data available, the
218 inventory shall include a legal description or proper reference
219 thereto, the number of acres or square feet within the
220 boundaries, and the assessed value of all publicly owned
221 uplands. To the greatest extent practicable, the legal
222 description or proper reference thereto and the number of acres
223 or square feet shall be determined for all publicly owned
224 submerged lands. For the purposes of this subsection, the term
225 “submerged lands” means publicly owned lands below the ordinary
226 high-water mark of fresh waters and below the mean high-water
227 line of salt waters extending seaward to the outer jurisdiction
228 of the state. By October 31 of each year, the Department of
229 Revenue shall furnish, in machine-readable form, annual, current
230 tax roll data for public lands to the board to be used in
231 compiling the inventory.
232 (c) By September 30 of each year, the Department of Revenue
233 shall furnish, in electronic form, annual current tax roll data
234 for public lands to the board to be used in compiling the
235 inventory. By November 30 December 31 of each year, the board
236 shall prepare and provide to each state agency and local
237 government and any other public entity which holds title to real
238 property, including any water management district, drainage
239 district, navigation district, or special taxing district, a
240 list of the real property owned by such entity, required to be
241 listed on county assessment rolls, using tax roll data provided
242 by the Department of Revenue. By January March 31 of the
243 following year, each such entity shall review its list and
244 inform the appropriate property appraiser of any corrections to
245 the list. The appropriate county property appraiser Department
246 of Revenue shall enter provide for entering such corrections on
247 the appropriate county tax roll.
248 (d) Whenever real property is listed on the real property
249 assessment rolls of the respective counties in the name of the
250 State of Florida or any of its agencies, the listing shall not
251 be changed in the absence of a recorded deed executed by the
252 State of Florida or the state agency in whose name the property
253 is listed. If, in preparing the assessment rolls, the several
254 property appraisers within the state become aware of the
255 existence of a recorded deed not executed by the state and
256 purporting to convey real property listed on the assessment
257 rolls as state-owned, the property appraiser shall immediately
258 forward a copy of the recorded deed to the state agency in whose
259 name the property is listed.
260 (e) The board shall use tax roll data, which shall be
261 provided by the Department of Revenue, to assist in the
262 identification and confirmation of publicly held lands. Lands
263 that are held by the state or a water management district and
264 lands that are purchased by the state, a state agency, or a
265 water management district and that are deemed not essential or
266 necessary for conservation purposes are subject to review for
267 surplus sale.
268 Section 6. Subsections (8) and (16) of section 253.034,
269 Florida Statutes, are amended, and subsection (17) is added to
270 that section, to read:
271 253.034 State-owned lands; uses.—
272 (8)(a) Notwithstanding other provisions of this section,
273 the Division of State Lands is directed to prepare a state
274 inventory of all federal lands and all lands titled in the name
275 of the state, a state agency, a water management district, or a
276 local government on a county-by-county basis. To facilitate the
277 development of the state inventory, each county shall direct the
278 appropriate county office with authority over the information to
279 provide the division with a county inventory of all lands
280 identified as federal lands and lands titled in the name of the
281 state, a state agency, a water management district, or a local
282 government. The Legislature recognizes the value of the state’s
283 conservation lands as water recharge areas and air filters and,
284 in an effort to better understand the scientific underpinnings
285 of carbon sequestration, carbon capture, and greenhouse gas
286 mitigation, to inform policymakers and decisionmakers, and to
287 provide the infrastructure for landowners, the Division of State
288 Lands shall contract with an organization experienced and
289 specialized in carbon sinks and emission budgets to conduct an
290 inventory of all lands that were acquired pursuant to
291 Preservation 2000 and Florida Forever and that were titled in
292 the name of the Board of Trustees of the Internal Improvement
293 Trust Fund. The inventory shall determine the value of carbon
294 capture and carbon sequestration. Such inventory shall consider
295 potential carbon offset values of changes in land management
296 practices, including, but not limited to, replanting of trees,
297 routine prescribed burns, and land use conversion. Such an
298 inventory shall be completed and presented to the board of
299 trustees by July 1, 2009.
300 (b) The state inventory must distinguish between lands
301 purchased by the state or a water management district as part of
302 a core parcel or within original project boundaries, as those
303 terms are used to meet the surplus requirements of subsection
304 (6), and lands purchased by the state, a state agency, or a
305 water management district which are not essential or necessary
306 for conservation purposes.
307 (c) In any county having a population of 75,000 or fewer,
308 or a county having a population of 100,000 or fewer which is
309 contiguous to a county having a population of 75,000 or fewer,
310 in which more than 50 percent of the lands within the county
311 boundary are federal lands and lands titled in the name of the
312 state, a state agency, a water management district, or a local
313 government, those lands titled in the name of the state or a
314 state agency which are not essential or necessary to meet
315 conservation purposes may, upon request of a public or private
316 entity, be made available for purchase through the state’s
317 surplusing process. Rights-of-way for existing, proposed, or
318 anticipated transportation facilities are exempt from the
319 requirements of this paragraph. Priority consideration shall be
320 given to buyers, public or private, willing to return the
321 property to productive use so long as the property can be
322 reentered onto the county ad valorem tax roll. Property acquired
323 with matching funds from a local government shall not be made
324 available for purchase without the consent of the local
325 government.
326 (b)(d) If state-owned lands are subject to annexation
327 procedures, the Division of State Lands must notify the county
328 legislative delegation of the county in which the land is
329 located.
330 (16) Before a building or parcel of land is offered for
331 lease, sublease, or sale to a local or federal unit of
332 government or a private party, it shall first be offered for
333 lease to state agencies, and state universities, and community
334 colleges, with priority consideration given to state
335 universities and community colleges. A state university or
336 community college must submit a plan for review and approval by
337 the Board of Trustees of the Internal Improvement Trust Fund
338 regarding the intended use of the building or parcel of land
339 before approval of a lease.
340 (17) Notwithstanding any other provision of this section,
341 the University of South Florida Polytechnic shall be given
342 priority consideration for the lease of vacant land and
343 buildings located at the G. Pierce Wood facility in DeSoto
344 County. This subsection expires July 1, 2012.
345 Section 7. Comprehensive state-owned real property system.—
346 (1) The Department of Environmental Protection shall
347 create, administer, operate, and maintain a comprehensive system
348 for all state lands and real property leased, owned, rented, and
349 otherwise occupied or maintained by any state agency or by the
350 judicial branch. The comprehensive state-owned real property
351 system shall enable the Board of Trustees of the Internal
352 Improvement Trust Fund to perform its statutory responsibilities
353 and the Division of Real Estate Development and Management in
354 the Department of Environmental Protection to conduct strategic
355 analyses and prepare annual valuation and disposition analyses
356 and recommendations for all state real property assets.
357 (a) The comprehensive state-owned real property system must
358 contain a database that includes an accurate inventory of all
359 real property that is leased, owned, rented, occupied, or
360 managed by the state or the judicial branch.
361 (b) The Division of Real Estate Development and Management,
362 in the Department of Environmental Protection, shall be the
363 statewide custodian of the real property information and shall
364 be accountable for its accuracy.
365 (c) All state agencies shall enter required real property
366 information according to rules established by the Division of
367 Real Estate Development and Management pursuant to s. 216.0152,
368 Florida Statutes.
369 (2) The comprehensive state-owned real property system must
370 accomplish the following objectives:
371 (a) Eliminate the need for redundant state real property
372 information collection processes and state agency information
373 systems.
374 (b) Reduce the need to lease or acquire additional real
375 property as a result of an annual surplus valuation,
376 utilization, and disposition analysis.
377 (c) Enable cost-effective buy, sell, lease decisions.
378 (d) Increase state revenues and maximize operational
379 efficiencies by annually identifying those state-owned real
380 properties that are the best candidates for surplus and or
381 disposition.
382 (e) Ensure all state real property is identified by
383 collaborating and integrating with the county property appraiser
384 systems.
385 (f) Implement required functionality and processes for
386 state agencies to electronically submit all applicable real
387 property information using a web browser application.
388 (3) The development of the comprehensive state-owned real
389 property system must be composed of the following implementation
390 timeframes and initial deliverables:
391 (a) By March 15, 2011, the real property components of the
392 comprehensive state-owned real property system must be fully
393 operational.
394 (b) By September 1, 2012, the land inventory components of
395 the comprehensive state-owned real property system must be fully
396 operational.
397 (c) By October 1, 2010, the Division of Real Estate
398 Development and Management shall submit a report to the
399 Governor, the President of the Senate, and the Speaker of the
400 House of Representatives which identifies and recommends state
401 owned real property for disposition. The report shall include
402 specific information that documents the valuation and analysis
403 process used to identify the specific state-owned real property
404 recommended for disposition.
405 (d) By October 15, 2010, the Department of Environmental
406 Protection shall submit an updated feasibility study for the
407 Lands Inventory Tracking System, to include in its scope the
408 comprehensive state-owned real property system. The feasibility
409 study shall be submitted to the Governor, the President of the
410 Senate, and the Speaker of the House of Representatives.
411 (e) By March 1, 2011, the executive steering committee
412 shall complete the business process analysis and documentation
413 of both the detailed system requirements and the overall system
414 architecture and submit this information to the Governor, the
415 President of the Senate, and the Speaker of the House of
416 Representatives.
417 (4) The Department of Environmental Protection shall
418 implement the project governance structure until such time as
419 the comprehensive state-owned real property system is
420 successfully completed, suspended, or terminated.
421 (5) The project sponsor for the comprehensive state-owned
422 real property system is the Secretary of Environmental
423 Protection.
424 (6) The project shall be governed by an executive steering
425 committee composed of the following voting members or their
426 designees:
427 (a) The Secretary of Environmental Protection, who shall
428 serve as chair of the committee.
429 (b) The executive director of the Department of Revenue.
430 (c) The director of the Division of Real Estate Development
431 and Management in the Department of Environmental Protection.
432 (d) The Chief Financial Officer.
433 (e) A property appraiser appointed by the Florida
434 Association of Property Appraisers, Inc.
435 (f) A property appraiser appointed by the Property
436 Appraisers’ Association of Florida, Inc.
437 (g) The executive director of the Agency for Enterprise
438 Information Technology.
439 (7) The executive steering committee shall take action by
440 the majority vote of its members and has the overall management
441 responsibility for ensuring that the system meets the main
442 business objectives in subsection (1). The executive steering
443 committee is specifically responsible for:
444 (a) Providing management direction and support to the
445 project management team.
446 (b) Reviewing, approving, or disapproving project
447 deliverables and any changes to the project’s scope, schedule,
448 and costs.
449 (c) Preparing an update to the feasibility study for the
450 Lands Inventory Tracking System, including the scope of the real
451 property system. The feasibility study shall include, but need
452 not be limited to, a description of the overall scope of the
453 comprehensive state-owned real property system. In determining
454 the overall scope, the study shall address whether a single,
455 comprehensive database of state-owned real property should
456 replace all existing real property databases and whether the
457 comprehensive real property system should accept data from and
458 send data to only existing databases. At a minimum, the
459 following database systems shall be included in this review and
460 analysis:
461 1. The Public Lands Inventory of the Department of
462 Environmental Protection, the statewide public lands inventory,
463 the Board of Trustees Land Document Systems, and the Lands
464 Information Tracking System.
465 2. The property tax rolls of the Department of Revenue.
466 3. The state facilities inventory of the Department of
467 Management Services.
468 4. The risk management database of the Department of
469 Financial Services.
470 (d) Further functions must include:
471 1. Identification of the role and responsibilities of the
472 county property appraisers in a comprehensive system of state
473 owned real property which includes the integration of their real
474 property data.
475 2. A description of the methods for maintaining and
476 updating the system and conducting strategic analyses, including
477 valuation and real property surplus or disposition analysis.
478 3. Specifications describing all functional and technical
479 requirements of the comprehensive system.
480 4. Reliable estimates of the initial and ongoing state and
481 local effort required to implement the comprehensive system of
482 state-owned real property.
483 5. Identification of the business processes that county
484 property appraisers and state agencies will use to keep the
485 comprehensive system data complete, current, and accurate.
486 6. Identification of state agency system usage requirements
487 and responsibilities.
488 7. Cost-benefit analysis documenting the specific direct
489 and indirect costs, savings, and qualitative and quantitative
490 benefits involved in or resulting from the implementation of the
491 comprehensive state-owned real property system.
492 8. Identify and recommend to the Governor and the chair of
493 the House Full Appropriations Council on General Government &
494 Health Care and the chair of the Senate Policy and Steering
495 Committee on Ways and Means any fiscal and substantive policy
496 changes that are needed to implement and maintain the
497 comprehensive system as documented in the feasibility study.
498 (8) The project management team shall work under the
499 direction of the executive steering committee. The project
500 management team must be headed by a full-time project manager
501 and consist of senior managers and personnel appointed by
502 members of the executive steering committee. The project
503 management team is responsible for:
504 (a) Providing daily planning, management, and
505 implementation resources and capabilities for the project.
506 (b) Developing an operational work plan for the project and
507 providing proposed updates to the work plan to the executive
508 steering committee whenever necessary. The plan must specify
509 project milestones, deliverables, development, and
510 implementation schedule, and expenditures necessary to achieve
511 the main objectives identified in subsection (1).
512 (c) Submitting written monthly project status reports to
513 the executive steering committee which describe:
514 1. Planned project costs versus actual project costs.
515 2. Completion status of major milestones and deliverables
516 according to the project schedule.
517 3. Any issues requiring resolution, the proposed resolution
518 for the issues, and information regarding the status of the
519 resolution.
520 4. Specific risks that must be managed and methods for
521 their management.
522 5. Recommendations for necessary changes in the project’s
523 scope, schedule, or costs. All recommendations must be reviewed
524 by project stakeholders before submission to the executive
525 steering committee in order to ensure that the recommendations
526 meet required acceptance criteria.
527 (d) Preparing the feasibility study required in subsection
528 (7) under the direction of the executive steering committee.
529 (e) Preparing project work plans and project status
530 reports, which shall also be provided to the Governor and the
531 chair of the House Full Appropriations Council on General
532 Government & Health Care and the chair of the Senate Policy and
533 Steering Committee on Ways and Means.
534 (9) By October 1, 2010, the Division of Real Estate
535 Development and Management shall submit to the Governor, the
536 President of the Senate, and the Speaker of the House of
537 Representatives a report that lists the state-owned real
538 property recommended for disposition.
539 Section 8. This act shall take effect upon becoming a law.