Florida Senate - 2010 CS for CS for SB 1516
By the Policy and Steering Committee on Ways and Means; the
Committee on General Government Appropriations; and Senator
Baker
576-03747-10 20101516c2
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 State Lands in the
16 Department of Environmental Protection rather than the
17 Department of Management Services to develop and
18 maintain an automated inventory of all facilities
19 owned, leased, rented, or otherwise occupied or
20 maintained by any agency of the state; requiring that
21 the facilities inventory data be provided to the
22 department on or before a specified date each year by
23 the owning or operating state agency; requiring the
24 division to adopt rules; directing the department to
25 update its inventory with information concerning the
26 physical condition of facilities that have 3,000
27 square feet or more of usable space; requiring the
28 department to submit an annual report to the Governor
29 and Legislature which lists the state-owned real
30 property recommended for disposition; amending s.
31 253.03, F.S.; requiring the Department of Revenue to
32 furnish, in electronic form, annual current tax roll
33 data for public lands to the Board of Trustees of the
34 Internal Improvement Trust Fund to be used in
35 compiling the inventory of public lands; requiring the
36 board to use tax roll data from the Department of
37 Revenue to assist in the identification and
38 confirmation of publicly held lands; amending s.
39 253.034, F.S.; removing provisions relating to an
40 inventory of public lands, including federal lands,
41 within the state; requiring that a building or parcel
42 of land be offered for lease to state agencies, state
43 universities, and community colleges before being
44 offered for lease, sublease, or sale to a local or
45 federal unit of government or a private party;
46 requiring that priority consideration for such a lease
47 be given to state universities and community colleges;
48 requiring that a state university or community college
49 submit a plan regarding the intended use of such
50 building or parcel of land for review and approval by
51 the Board of Trustees of the Internal Improvement
52 Trust Fund before approval of a lease; providing that
53 priority consideration be given to the University of
54 South Florida Polytechnic for the lease of vacant land
55 and buildings located at the G. Pierce Wood facility
56 in DeSoto County; providing for future expiration;
57 creating the comprehensive state-owned real property
58 system; directing the Department of Environmental
59 Protection to create, administer, operate, and
60 maintain a comprehensive system for all state lands
61 and real property leased, owned, rented, or otherwise
62 occupied or maintained by any state agency or the
63 judicial branch; providing for a database of all real
64 property owned or leased by the state; requiring all
65 state agencies to enter required real property
66 information into the comprehensive state-owned real
67 property system; describing the principal objectives
68 of the comprehensive state-owned real property system;
69 setting forth the timeframes in which the department
70 must complete the comprehensive state-owned real
71 property system; requiring the department to report to
72 the Governor and Legislature by a specified date;
73 providing for an executive steering committee for
74 management of the comprehensive state-owned real
75 property system; describing the composition of the
76 executive steering committee; setting forth the
77 responsibilities of the executive steering committee;
78 creating a project management team to work under the
79 direction of the executive steering committee;
80 requiring the project management team to be headed by
81 a full-time project manager and to consist of senior
82 managers and personnel appointed by members of the
83 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 State Lands in the Department of
140 Environmental Protection Management Services shall develop and
141 maintain an automated inventory of all facilities owned, leased,
142 rented, or otherwise occupied or maintained by any agency of the
143 state, or by the judicial branch, or the water management
144 districts, except those with less than 3,000 square feet. The
145 inventory data shall be provided by the owning or operating
146 agency and shall include the location, occupying agency,
147 ownership, size, condition assessment, valuations, operating
148 costs, maintenance record, age, parking and employee facilities,
149 building uses, full-time equivalent occupancy, known
150 restrictions or historic designations, including conservation
151 land status, leases or subleases, and associated revenues, and
152 other information as required in a rule adopted by the
153 department. The department shall use this data for determining
154 maintenance needs, conducting strategic analyses, including, but
155 not limited to, analyzing and identifying candidates for
156 surplus, valuation, and disposition, and life-cycle cost
157 evaluations of the facility. Inventory data shall be provided to
158 the department on or before July 1 of each year by the owning or
159 operating agency in a format prescribed by the department. The
160 inventory need not include a condition assessment or maintenance
161 record of facilities not owned by a state agency, or by the
162 judicial branch, or a water management district. The term
163 “facility,” as used in this section, means buildings,
164 structures, and building systems, but does not include
165 transportation facilities of the state transportation system.
166 The Department of Transportation shall develop and maintain an
167 inventory of transportation facilities of the state
168 transportation system. The Board of Governors of the State
169 University System and the Department of Education, respectively,
170 shall develop and maintain an inventory, in the manner
171 prescribed by the Department of Environmental Protection
172 Management Services, of all state university and community
173 college facilities and shall make the data available in a format
174 acceptable to the Department of Environmental Protection
175 Management Services. By March 15, 2011, the division shall adopt
176 rules pursuant to ss. 120.536 and 120.54 to administer this
177 section.
178 (2) For the purpose of assessing needed repairs and
179 renovations of facilities, the Department of Environmental
180 Protection Management Services shall update its inventory with
181 condition information for facilities of 3,000 square feet or
182 more and cause to be updated the other inventories required by
183 subsection (1) at least once every 5 years, but the inventories
184 shall record acquisitions of new facilities and significant
185 changes in existing facilities as they occur. The Department of
186 Environmental Protection Management Services shall provide each
187 agency and the judicial branch with the most recent inventory
188 applicable to that agency or to the judicial branch. Each agency
189 and the judicial branch shall, in the manner prescribed by the
190 Department of Environmental Protection Management Services,
191 report significant changes in the inventory as they occur. Items
192 relating to the condition and life-cycle cost of a facility
193 shall be updated at least every 5 years.
194 (3) By October 1, 2011, and annually thereafter, the
195 Division of State Lands in the Department of Environmental
196 Protection shall submit to the Governor, the President of the
197 Senate, and the Speaker of the House of Representatives a report
198 that lists the state-owned real property recommended for
199 disposition. The Department of Management Services shall, every
200 3 years, publish a complete report detailing this inventory and
201 shall publish an annual update of the report. The department
202 shall furnish the updated report to the Executive Office of the
203 Governor and the Legislature no later than September 15 of each
204 year.
205 Section 5. Subsection (8) of section 253.03, Florida
206 Statutes, is amended to read:
207 253.03 Board of trustees to administer state lands; lands
208 enumerated.—
209 (8)(a) The Board of Trustees of the Internal Improvement
210 Trust Fund shall prepare, using tax roll data provided by the
211 Department of Revenue, or the county property appraisers, an
212 annual inventory of all publicly owned lands within the state.
213 Such inventory shall include all lands owned by any unit of
214 state government or local government; by the Federal Government,
215 to the greatest extent possible; and by any other public entity.
216 The board shall submit a summary report of the inventory and a
217 list of major discrepancies between the inventory and the tax
218 roll data to the President of the Senate and the Speaker of the
219 House of Representatives on or before March 1 of each year.
220 (b) In addition to any other parcel data available, the
221 inventory shall include a legal description or proper reference
222 thereto, the number of acres or square feet within the
223 boundaries, and the assessed value of all publicly owned
224 uplands. To the greatest extent practicable, the legal
225 description or proper reference thereto and the number of acres
226 or square feet shall be determined for all publicly owned
227 submerged lands. For the purposes of this subsection, the term
228 “submerged lands” means publicly owned lands below the ordinary
229 high-water mark of fresh waters and below the mean high-water
230 line of salt waters extending seaward to the outer jurisdiction
231 of the state. By October 31 of each year, the Department of
232 Revenue shall furnish, in machine-readable form, annual, current
233 tax roll data for public lands to the board to be used in
234 compiling the inventory.
235 (c) By September 30 of each year, the Department of Revenue
236 shall furnish to the board, in electronic form, the approved
237 preliminary tax roll data for public lands to be used in
238 compiling the inventory. By November 30 December 31 of each
239 year, the board shall prepare and provide to each state agency
240 and local government and any other public entity which holds
241 title to real property, including any water management district,
242 drainage district, navigation district, or special taxing
243 district, a list of the real property owned by such entity,
244 required to be listed on county assessment rolls, using tax roll
245 data provided by the Department of Revenue. By January March 31
246 of the following year, each such entity shall review its list
247 and inform the appropriate property appraiser of any corrections
248 to the list. The appropriate county property appraiser
249 Department of Revenue shall enter provide for entering such
250 corrections on the appropriate county tax roll.
251 (d) Whenever real property is listed on the real property
252 assessment rolls of the respective counties in the name of the
253 State of Florida or any of its agencies, the listing shall not
254 be changed in the absence of a recorded deed executed by the
255 State of Florida or the state agency in whose name the property
256 is listed. If, in preparing the assessment rolls, the several
257 property appraisers within the state become aware of the
258 existence of a recorded deed not executed by the state and
259 purporting to convey real property listed on the assessment
260 rolls as state-owned, the property appraiser shall immediately
261 forward a copy of the recorded deed to the state agency in whose
262 name the property is listed.
263 (e) The board shall use tax roll data, which shall be
264 provided by the Department of Revenue, to assist in the
265 identification and confirmation of publicly held lands. Lands
266 that are held by the state or a water management district and
267 lands that are purchased by the state, a state agency, or a
268 water management district and that are deemed not essential or
269 necessary for conservation purposes are subject to review for
270 surplus sale.
271 Section 6. Subsections (8) and (16) of section 253.034,
272 Florida Statutes, are amended, and subsection (17) is added to
273 that section, to read:
274 253.034 State-owned lands; uses.—
275 (8)(a) Notwithstanding other provisions of this section,
276 the Division of State Lands is directed to prepare a state
277 inventory of all federal lands and all lands titled in the name
278 of the state, a state agency, a water management district, or a
279 local government on a county-by-county basis. To facilitate the
280 development of the state inventory, each county shall direct the
281 appropriate county office with authority over the information to
282 provide the division with a county inventory of all lands
283 identified as federal lands and lands titled in the name of the
284 state, a state agency, a water management district, or a local
285 government. The Legislature recognizes the value of the state’s
286 conservation lands as water recharge areas and air filters and,
287 in an effort to better understand the scientific underpinnings
288 of carbon sequestration, carbon capture, and greenhouse gas
289 mitigation, to inform policymakers and decisionmakers, and to
290 provide the infrastructure for landowners, the Division of State
291 Lands shall contract with an organization experienced and
292 specialized in carbon sinks and emission budgets to conduct an
293 inventory of all lands that were acquired pursuant to
294 Preservation 2000 and Florida Forever and that were titled in
295 the name of the Board of Trustees of the Internal Improvement
296 Trust Fund. The inventory shall determine the value of carbon
297 capture and carbon sequestration. Such inventory shall consider
298 potential carbon offset values of changes in land management
299 practices, including, but not limited to, replanting of trees,
300 routine prescribed burns, and land use conversion. Such an
301 inventory shall be completed and presented to the board of
302 trustees by July 1, 2009.
303 (b) The state inventory must distinguish between lands
304 purchased by the state or a water management district as part of
305 a core parcel or within original project boundaries, as those
306 terms are used to meet the surplus requirements of subsection
307 (6), and lands purchased by the state, a state agency, or a
308 water management district which are not essential or necessary
309 for conservation purposes.
310 (c) In any county having a population of 75,000 or fewer,
311 or a county having a population of 100,000 or fewer which is
312 contiguous to a county having a population of 75,000 or fewer,
313 in which more than 50 percent of the lands within the county
314 boundary are federal lands and lands titled in the name of the
315 state, a state agency, a water management district, or a local
316 government, those lands titled in the name of the state or a
317 state agency which are not essential or necessary to meet
318 conservation purposes may, upon request of a public or private
319 entity, be made available for purchase through the state’s
320 surplusing process. Rights-of-way for existing, proposed, or
321 anticipated transportation facilities are exempt from the
322 requirements of this paragraph. Priority consideration shall be
323 given to buyers, public or private, willing to return the
324 property to productive use so long as the property can be
325 reentered onto the county ad valorem tax roll. Property acquired
326 with matching funds from a local government shall not be made
327 available for purchase without the consent of the local
328 government.
329 (b)(d) If state-owned lands are subject to annexation
330 procedures, the Division of State Lands must notify the county
331 legislative delegation of the county in which the land is
332 located.
333 (16) Before a building or parcel of land is offered for
334 lease, sublease, or sale to a local or federal unit of
335 government or a private party, it shall first be offered for
336 lease to state agencies, and state universities, and community
337 colleges, with priority consideration given to state
338 universities and community colleges. A state university or
339 community college must submit a plan for review and approval by
340 the Board of Trustees of the Internal Improvement Trust Fund
341 regarding the intended use of the building or parcel of land
342 before approval of a lease.
343 (17) Notwithstanding any other provision of this section,
344 the University of South Florida Polytechnic shall be given
345 priority consideration for the lease of vacant land and
346 buildings located at the G. Pierce Wood facility in DeSoto
347 County. This subsection expires July 1, 2012.
348 Section 7. Comprehensive state-owned real property system.—
349 (1) The Department of Environmental Protection shall
350 create, administer, and maintain a comprehensive system for all
351 state lands and real property leased, owned, rented, and
352 otherwise occupied or maintained by any state agency, by the
353 judicial branch, and by any water management district. The
354 comprehensive state-owned real property system shall allow the
355 Board of Trustees of the Internal Improvement Trust Fund to
356 perform its statutory responsibilities and the Division of State
357 Lands, in the Department of Environmental Protection, to conduct
358 strategic analyses and prepare annual valuation and disposition
359 analyses and recommendations for all state real property assets.
360 (a) The comprehensive state-owned real property system must
361 contain a database that includes an accurate inventory of all
362 real property that is leased, owned, rented, occupied, or
363 managed by the state, the judicial branch, or the water
364 management districts.
365 (b) The Division of State Lands, in the Department of
366 Environmental Protection, shall be the statewide custodian of
367 the real property information and shall be accountable for its
368 accuracy.
369 (c) All state agencies and water management districts shall
370 enter required real property information according to rules
371 established by the Division of State Lands pursuant to s.
372 216.0152, Florida Statutes.
373 (2) The comprehensive state-owned real property system must
374 accomplish the following objectives:
375 (a) Eliminate the need for redundant state real property
376 information collection processes and state agency information
377 systems.
378 (b) Reduce the need to lease or acquire additional real
379 property as a result of an annual surplus valuation,
380 utilization, and disposition analysis.
381 (c) Enable regional planning as a tool for cost-effective
382 buy, sell, and lease decisions.
383 (d) Increase state revenues and maximize operational
384 efficiencies by annually identifying those state-owned real
385 properties that are the best candidates for surplus or
386 disposition.
387 (e) Ensure all state real property is identified by
388 collaborating and integrating with the Department of Revenue
389 data as submitted by the county property appraisers.
390 (f) Implement required functionality and processes for
391 state agencies to electronically submit all applicable real
392 property information using a web browser application.
393 (3) The development of the comprehensive state-owned real
394 property system must be composed of the following implementation
395 timeframes and initial deliverables:
396 (a) By October 1, 2010, the Division of State Lands shall
397 submit a report to the Governor, the President of the Senate,
398 and the Speaker of the House of Representatives which identifies
399 and recommends state-owned real property for disposition. The
400 report shall include specific information that documents the
401 valuation and analysis process used to identify the specific
402 state-owned real property recommended for disposition.
403 (b) By November 1, 2010, the Department of Environmental
404 Protection shall submit an updated feasibility study for the
405 Lands Inventory Tracking System, to include in its scope the
406 comprehensive state-owned real property system. The feasibility
407 study shall be submitted to the Governor, the President of the
408 Senate, and the Speaker of the House of Representatives.
409 (c) By February 1, 2011, the executive steering committee
410 shall complete the business process analysis and documentation
411 of both the detailed system requirements and the overall system
412 architecture and submit this information to the Governor, the
413 President of the Senate, and the Speaker of the House of
414 Representatives.
415 (d) By March 1, 2011, the facility inventory components of
416 the comprehensive state-owned real property system must be fully
417 operational.
418 (e) By September 1, 2012, the remaining real property and
419 land inventory components of the comprehensive state-owned real
420 property system must be fully operational.
421 (4) The Department of Environmental Protection shall
422 implement the project governance structure until such time as
423 the comprehensive state-owned real property system is
424 successfully completed, suspended, or terminated.
425 (5) The project sponsor for the comprehensive state-owned
426 real property system is the Secretary of Environmental
427 Protection.
428 (6) The project shall be governed by an executive steering
429 committee composed of the following voting members or their
430 designees:
431 (a) The Secretary of Environmental Protection, who shall
432 serve as chair of the committee.
433 (b) The executive director of the Department of Revenue.
434 (c) The director of the Division of State Lands in the
435 Department of Environmental Protection.
436 (d) The Chief Financial Officer.
437 (e) A property appraiser appointed by the Florida
438 Association of Property Appraisers, Inc.
439 (f) A property appraiser appointed by the Property
440 Appraisers’ Association of Florida, Inc.
441 (g) The executive director of the Agency for Enterprise
442 Information Technology.
443 (7) The executive steering committee shall take action by
444 majority vote of its members and has the overall management
445 responsibility for ensuring that the system meets the main
446 business objectives identified in subsection (1). The executive
447 steering committee is specifically responsible for:
448 (a) Providing management direction and support to the
449 project management team.
450 (b) Reviewing, approving, or disapproving project
451 deliverables and any changes to the project’s scope, schedule,
452 or costs.
453 (c) Preparing an update to the feasibility study for the
454 Lands Inventory Tracking System, including the scope of the real
455 property system. The feasibility study shall include, but need
456 not be limited to, a description of the overall scope of the
457 comprehensive state-owned real property system. In determining
458 the overall scope, the study shall address whether a single,
459 comprehensive database of state-owned real property should
460 replace existing real property databases and whether the
461 comprehensive real property system should accept data from and
462 send data to existing databases. The feasibility study update
463 shall comply with the Schedule IV-B guidelines for the 2010-2011
464 fiscal year, published by the Technology Review Workgroup
465 pursuant to s. 216.023, Florida Statutes.
466 1. At a minimum, the following database systems shall be
467 included in this review and analysis:
468 a. The Public Lands Inventory of the Department of
469 Environmental Protection, the statewide public lands inventory,
470 the Board of Trustees Land Document Systems, and the Lands
471 Information Tracking System.
472 b. The property tax rolls of the Department of Revenue.
473 c. The state facilities inventory of the Department of
474 Management Services.
475 d. The risk management database of the Department of
476 Financial Services.
477 2. Further functions must include:
478 a. Identification of the role and responsibilities of the
479 county property appraisers in a comprehensive system of state
480 owned real property which includes the integration of their real
481 property data.
482 b. A description of the methods for maintaining and
483 updating the system and conducting strategic analyses, including
484 valuation and real property surplus or disposition analysis.
485 c. Specifications describing all functional and technical
486 requirements of the comprehensive system.
487 d. Reliable estimates of the initial and ongoing state and
488 local effort required to implement the comprehensive system of
489 state-owned real property.
490 e. Identification of the business processes that county
491 property appraisers and state agencies will use to keep the
492 comprehensive system data complete, current, and accurate.
493 f. Identification of state agency system usage requirements
494 and responsibilities.
495 g. Cost-benefit analysis documenting the specific direct
496 and indirect costs, savings, and qualitative and quantitative
497 benefits involved in or resulting from the implementation of the
498 comprehensive state-owned real property system.
499 (d) Identifying and recommending to the Governor and the
500 chair of the House Full Appropriations Council on General
501 Government & Health Care and the chair of the Senate Policy and
502 Steering Committee on Ways and Means any fiscal and substantive
503 policy changes that are needed to implement and maintain the
504 comprehensive system as documented in the feasibility study.
505 (8) The project management team shall be established no
506 later than 30 days after this act becomes law and shall work
507 under the direction of the executive steering committee. A
508 memorandum of agreement between the Department of Environmental
509 Protection, the Department of Revenue, and the Department of
510 Financial Services may be executed to clearly define the roles
511 and responsibilities of the project management team. The project
512 management team must be headed by a full-time project manager
513 and consist of senior managers and personnel appointed by
514 members of the executive steering committee. The project
515 management team is responsible for:
516 (a) Providing daily planning, management, and
517 implementation resources and capabilities for the project.
518 (b) Developing an operational work plan for the project and
519 providing to the executive steering committee proposed updates
520 to the work plan whenever necessary. The plan must specify
521 project milestones, deliverables, a development and
522 implementation schedule, and expenditures necessary to achieve
523 the main objectives identified in subsection (1).
524 (c) Submitting written monthly project status reports to
525 the executive steering committee which describe:
526 1. Planned project costs versus actual project costs.
527 2. Completion status of major milestones and deliverables
528 according to the project schedule.
529 3. Any issues requiring resolution, the proposed resolution
530 for the issues, and information regarding the status of the
531 resolution.
532 4. Specific risks that must be managed and methods for
533 their management.
534 5. Recommendations for necessary changes in the project’s
535 scope, schedule, or costs. All recommendations must be reviewed
536 by project stakeholders before submission to the executive
537 steering committee in order to ensure that the recommendations
538 meet required acceptance criteria.
539 (d) Preparing the feasibility study required in subsection
540 (7) under the direction of the executive steering committee.
541 (e) Preparing project work plans and project status
542 reports, which shall also be provided to the Governor and the
543 chair of the House Full Appropriations Council on General
544 Government & Health Care and the chair of the Senate Policy and
545 Steering Committee on Ways and Means.
546 Section 8. This act shall take effect upon becoming a law.