CS for CS for SB 1516 First Engrossed
20101516e1
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 that
24 the Department of Transportation identify and dispose
25 of surplus property pursuant to ss. 337.25 and 339.04,
26 F.S.; requiring the division to adopt rules; directing
27 the department to update its inventory with
28 information concerning the physical condition of
29 facilities that have 3,000 square feet or more of
30 usable space; requiring the department to submit an
31 annual report to the Governor and Legislature which
32 lists the state-owned real property recommended for
33 disposition; amending s. 253.03, F.S.; requiring the
34 Department of Revenue to furnish, in electronic form,
35 annual current tax roll data for public lands to the
36 Board of Trustees of the Internal Improvement Trust
37 Fund to be used in compiling the inventory of public
38 lands; requiring the board to use tax roll data from
39 the Department of Revenue to assist in the
40 identification and confirmation of publicly held
41 lands; amending s. 253.034, F.S.; removing provisions
42 relating to an inventory of public lands, including
43 federal lands, within the state; requiring that a
44 building or parcel of land be offered for lease to
45 state agencies, state universities, and community
46 colleges before being offered for lease, sublease, or
47 sale to a local or federal unit of government or a
48 private party; requiring that priority consideration
49 for such a lease be given to state universities and
50 community colleges; requiring that a state university
51 or community college submit a plan regarding the
52 intended use of such building or parcel of land for
53 review and approval by the Board of Trustees of the
54 Internal Improvement Trust Fund before approval of a
55 lease; providing that priority consideration be given
56 to the University of South Florida Polytechnic for the
57 lease of vacant land and buildings located at the G.
58 Pierce Wood facility in DeSoto County; providing for
59 future expiration; creating the comprehensive state
60 owned real property system; directing the Department
61 of Environmental Protection to create, administer,
62 operate, and maintain a comprehensive system for all
63 state lands and real property leased, owned, rented,
64 or otherwise occupied or maintained by any state
65 agency or the judicial branch; providing for a
66 database of all real property owned or leased by the
67 state; requiring all state agencies to enter required
68 real property information into the comprehensive
69 state-owned real property system; describing the
70 principal objectives of the comprehensive state-owned
71 real property system; setting forth the timeframes in
72 which the department must complete the comprehensive
73 state-owned real property system; requiring the
74 department to report to the Governor and Legislature
75 by a specified date; providing for an executive
76 steering committee for management of the comprehensive
77 state-owned real property system; describing the
78 composition of the executive steering committee;
79 setting forth the responsibilities of the executive
80 steering committee; creating a project management team
81 to work under the direction of the executive steering
82 committee; requiring the project management team to be
83 headed by a full-time project manager and to consist
84 of senior managers and personnel appointed by members
85 of the executive steering committee; setting forth the
86 responsibilities of the project management team;
87 providing an effective date.
88
89 Be It Enacted by the Legislature of the State of Florida:
90
91 Section 1. Subsection (2) of section 193.023, Florida
92 Statutes, is amended to read
93 193.023 Duties of the property appraiser in making
94 assessments.—
95 (2) In making his or her assessment of the value of real
96 property, the property appraiser is required to physically
97 inspect the property at least once every 5 years. Where
98 geographically suitable, and at the discretion of the property
99 appraiser, the property appraiser may use image technology in
100 lieu of physical inspection to ensure that the tax roll meets
101 all the requirements of law. The Department of Revenue shall
102 establish minimum standards for the use of image technology
103 consistent with standards developed by professionally recognized
104 sources for mass appraisal of real property. However, the
105 property appraiser shall physically inspect any parcel of
106 taxable or state-owned real property upon the request of the
107 taxpayer or owner.
108 Section 2. Paragraph (a) of subsection (3) of section
109 193.085, Florida Statutes, is amended to read:
110 193.085 Listing all property.—
111 (3)(a) The department will coordinate with all other
112 departments of state government to ensure that the several
113 property appraisers are properly notified annually of state
114 ownership of real property. The department shall promulgate
115 regulations to ensure that All forms of local government,
116 special taxing districts, multicounty districts, and
117 municipalities shall provide written annual notification to
118 properly notify annually the several property appraisers of any
119 and all real property owned by any of them so that ownership of
120 all such property will be properly listed.
121 Section 3. Paragraph (z) is added to subsection (8) of
122 section 213.053, Florida Statutes, to read:
123 213.053 Confidentiality and information sharing.—
124 (8) Notwithstanding any other provision of this section,
125 the department may provide:
126 (z) Information relative to ss. 253.03(8) and 253.0325 to
127 the Department of Environmental Protection in the conduct of its
128 official business.
129
130 Disclosure of information under this subsection shall be
131 pursuant to a written agreement between the executive director
132 and the agency. Such agencies, governmental or nongovernmental,
133 shall be bound by the same requirements of confidentiality as
134 the Department of Revenue. Breach of confidentiality is a
135 misdemeanor of the first degree, punishable as provided by s.
136 775.082 or s. 775.083.
137 Section 4. Section 216.0152, Florida Statutes, is amended
138 to read:
139 216.0152 Inventory of state-owned facilities or state
140 occupied facilities.—
141 (1) The Division of State Lands in the Department of
142 Environmental Protection Management Services shall develop and
143 maintain an automated inventory of all facilities owned, leased,
144 rented, or otherwise occupied or maintained by any agency of the
145 state, or by the judicial branch, or the water management
146 districts, except those with less than 3,000 square feet. The
147 inventory data shall be provided by the owning or operating
148 agency and shall include the location, occupying agency,
149 ownership, size, condition assessment, valuations, operating
150 costs, maintenance record, age, parking and employee facilities,
151 building uses, full-time equivalent occupancy, known
152 restrictions or historic designations, including conservation
153 land status, leases or subleases, and associated revenues, and
154 other information as required in a rule adopted by the
155 department. The department shall use this data for determining
156 maintenance needs, conducting strategic analyses, including, but
157 not limited to, analyzing and identifying candidates for
158 surplus, valuation, and disposition, and life-cycle cost
159 evaluations of the facility. Inventory data shall be provided to
160 the department on or before July 1 of each year by the owning or
161 operating agency in a format prescribed by the department. The
162 inventory need not include a condition assessment or maintenance
163 record of facilities not owned by a state agency, or by the
164 judicial branch, or a water management district. The term
165 “facility,” as used in this section, means buildings,
166 structures, and building systems, but does not include
167 transportation facilities of the state transportation system.
168 For reporting purposes, the Department of Transportation shall
169 develop and maintain an inventory of transportation facilities
170 of the state transportation system. The Department of
171 Transportation shall also identify and dispose of surplus
172 property pursuant to ss. 337.25 and 339.04. The Board of
173 Governors of the State University System and the Department of
174 Education, respectively, shall develop and maintain an
175 inventory, in the manner prescribed by the Department of
176 Environmental Protection Management Services, of all state
177 university and community college facilities and shall make the
178 data available in a format acceptable to the Department of
179 Environmental Protection Management Services. By March 15, 2011,
180 the division shall adopt rules pursuant to ss. 120.536 and
181 120.54 to administer this section.
182 (2) For the purpose of assessing needed repairs and
183 renovations of facilities, the Department of Environmental
184 Protection Management Services shall update its inventory with
185 condition information for facilities of 3,000 square feet or
186 more and cause to be updated the other inventories required by
187 subsection (1) at least once every 5 years, but the inventories
188 shall record acquisitions of new facilities and significant
189 changes in existing facilities as they occur. The Department of
190 Environmental Protection Management Services shall provide each
191 agency and the judicial branch with the most recent inventory
192 applicable to that agency or to the judicial branch. Each agency
193 and the judicial branch shall, in the manner prescribed by the
194 Department of Environmental Protection Management Services,
195 report significant changes in the inventory as they occur. Items
196 relating to the condition and life-cycle cost of a facility
197 shall be updated at least every 5 years.
198 (3) By October 1, 2011, and annually thereafter, the
199 Division of State Lands in the Department of Environmental
200 Protection shall submit to the Governor, the President of the
201 Senate, and the Speaker of the House of Representatives a report
202 that lists the state-owned real property recommended for
203 disposition. The Department of Management Services shall, every
204 3 years, publish a complete report detailing this inventory and
205 shall publish an annual update of the report. The department
206 shall furnish the updated report to the Executive Office of the
207 Governor and the Legislature no later than September 15 of each
208 year.
209 Section 5. Subsection (8) of section 253.03, Florida
210 Statutes, is amended to read:
211 253.03 Board of trustees to administer state lands; lands
212 enumerated.—
213 (8)(a) The Board of Trustees of the Internal Improvement
214 Trust Fund shall prepare, using tax roll data provided by the
215 Department of Revenue, or the county property appraisers, an
216 annual inventory of all publicly owned lands within the state.
217 Such inventory shall include all lands owned by any unit of
218 state government or local government; by the Federal Government,
219 to the greatest extent possible; and by any other public entity.
220 The board shall submit a summary report of the inventory and a
221 list of major discrepancies between the inventory and the tax
222 roll data to the President of the Senate and the Speaker of the
223 House of Representatives on or before March 1 of each year.
224 (b) In addition to any other parcel data available, the
225 inventory shall include a legal description or proper reference
226 thereto, the number of acres or square feet within the
227 boundaries, and the assessed value of all publicly owned
228 uplands. To the greatest extent practicable, the legal
229 description or proper reference thereto and the number of acres
230 or square feet shall be determined for all publicly owned
231 submerged lands. For the purposes of this subsection, the term
232 “submerged lands” means publicly owned lands below the ordinary
233 high-water mark of fresh waters and below the mean high-water
234 line of salt waters extending seaward to the outer jurisdiction
235 of the state. By October 31 of each year, the Department of
236 Revenue shall furnish, in machine-readable form, annual, current
237 tax roll data for public lands to the board to be used in
238 compiling the inventory.
239 (c) By September 30 of each year, the Department of Revenue
240 shall furnish to the board, in electronic form, the approved
241 preliminary tax roll data for public lands to be used in
242 compiling the inventory. By November 30 December 31 of each
243 year, the board shall prepare and provide to each state agency
244 and local government and any other public entity which holds
245 title to real property, including any water management district,
246 drainage district, navigation district, or special taxing
247 district, a list of the real property owned by such entity,
248 required to be listed on county assessment rolls, using tax roll
249 data provided by the Department of Revenue. By January March 31
250 of the following year, each such entity shall review its list
251 and inform the appropriate property appraiser of any corrections
252 to the list. The appropriate county property appraiser
253 Department of Revenue shall enter provide for entering such
254 corrections on the appropriate county tax roll.
255 (d) Whenever real property is listed on the real property
256 assessment rolls of the respective counties in the name of the
257 State of Florida or any of its agencies, the listing shall not
258 be changed in the absence of a recorded deed executed by the
259 State of Florida or the state agency in whose name the property
260 is listed. If, in preparing the assessment rolls, the several
261 property appraisers within the state become aware of the
262 existence of a recorded deed not executed by the state and
263 purporting to convey real property listed on the assessment
264 rolls as state-owned, the property appraiser shall immediately
265 forward a copy of the recorded deed to the state agency in whose
266 name the property is listed.
267 (e) The board shall use tax roll data, which shall be
268 provided by the Department of Revenue, to assist in the
269 identification and confirmation of publicly held lands. Lands
270 that are held by the state or a water management district and
271 lands that are purchased by the state, a state agency, or a
272 water management district and that are deemed not essential or
273 necessary for conservation purposes are subject to review for
274 surplus sale.
275 Section 6. Subsections (8) and (16) of section 253.034,
276 Florida Statutes, are amended, and subsection (17) is added to
277 that section, to read:
278 253.034 State-owned lands; uses.—
279 (8)(a) Notwithstanding other provisions of this section,
280 the Division of State Lands is directed to prepare a state
281 inventory of all federal lands and all lands titled in the name
282 of the state, a state agency, a water management district, or a
283 local government on a county-by-county basis. To facilitate the
284 development of the state inventory, each county shall direct the
285 appropriate county office with authority over the information to
286 provide the division with a county inventory of all lands
287 identified as federal lands and lands titled in the name of the
288 state, a state agency, a water management district, or a local
289 government. The Legislature recognizes the value of the state’s
290 conservation lands as water recharge areas and air filters and,
291 in an effort to better understand the scientific underpinnings
292 of carbon sequestration, carbon capture, and greenhouse gas
293 mitigation, to inform policymakers and decisionmakers, and to
294 provide the infrastructure for landowners, the Division of State
295 Lands shall contract with an organization experienced and
296 specialized in carbon sinks and emission budgets to conduct an
297 inventory of all lands that were acquired pursuant to
298 Preservation 2000 and Florida Forever and that were titled in
299 the name of the Board of Trustees of the Internal Improvement
300 Trust Fund. The inventory shall determine the value of carbon
301 capture and carbon sequestration. Such inventory shall consider
302 potential carbon offset values of changes in land management
303 practices, including, but not limited to, replanting of trees,
304 routine prescribed burns, and land use conversion. Such an
305 inventory shall be completed and presented to the board of
306 trustees by July 1, 2009.
307 (b) The state inventory must distinguish between lands
308 purchased by the state or a water management district as part of
309 a core parcel or within original project boundaries, as those
310 terms are used to meet the surplus requirements of subsection
311 (6), and lands purchased by the state, a state agency, or a
312 water management district which are not essential or necessary
313 for conservation purposes.
314 (c) In any county having a population of 75,000 or fewer,
315 or a county having a population of 100,000 or fewer which is
316 contiguous to a county having a population of 75,000 or fewer,
317 in which more than 50 percent of the lands within the county
318 boundary are federal lands and lands titled in the name of the
319 state, a state agency, a water management district, or a local
320 government, those lands titled in the name of the state or a
321 state agency which are not essential or necessary to meet
322 conservation purposes may, upon request of a public or private
323 entity, be made available for purchase through the state’s
324 surplusing process. Rights-of-way for existing, proposed, or
325 anticipated transportation facilities are exempt from the
326 requirements of this paragraph. Priority consideration shall be
327 given to buyers, public or private, willing to return the
328 property to productive use so long as the property can be
329 reentered onto the county ad valorem tax roll. Property acquired
330 with matching funds from a local government shall not be made
331 available for purchase without the consent of the local
332 government.
333 (b)(d) If state-owned lands are subject to annexation
334 procedures, the Division of State Lands must notify the county
335 legislative delegation of the county in which the land is
336 located.
337 (16) Before a building or parcel of land is offered for
338 lease, sublease, or sale to a local or federal unit of
339 government or a private party, it shall first be offered for
340 lease to state agencies, and state universities, and community
341 colleges, with priority consideration given to state
342 universities and community colleges. A state university or
343 community college must submit a plan for review and approval by
344 the Board of Trustees of the Internal Improvement Trust Fund
345 regarding the intended use of the building or parcel of land
346 before approval of a lease.
347 (17) Notwithstanding any other provision of this section,
348 the University of South Florida Polytechnic shall be given
349 priority consideration for the lease of vacant land and
350 buildings located at the G. Pierce Wood facility in DeSoto
351 County. This subsection expires July 1, 2012.
352 Section 7. Comprehensive state-owned real property system.—
353 (1) The Department of Environmental Protection shall
354 create, administer, and maintain a comprehensive system for all
355 state lands and real property leased, owned, rented, and
356 otherwise occupied or maintained by any state agency, by the
357 judicial branch, and by any water management district. The
358 comprehensive state-owned real property system shall allow the
359 Board of Trustees of the Internal Improvement Trust Fund to
360 perform its statutory responsibilities and the Division of State
361 Lands, in the Department of Environmental Protection, to conduct
362 strategic analyses and prepare annual valuation and disposition
363 analyses and recommendations for all state real property assets.
364 (a) The comprehensive state-owned real property system must
365 contain a database that includes an accurate inventory of all
366 real property that is leased, owned, rented, occupied, or
367 managed by the state, the judicial branch, or the water
368 management districts.
369 (b) The Division of State Lands, in the Department of
370 Environmental Protection, shall be the statewide custodian of
371 the real property information and shall be accountable for its
372 accuracy.
373 (c) All state agencies and water management districts shall
374 enter required real property information according to rules
375 established by the Division of State Lands pursuant to s.
376 216.0152, Florida Statutes.
377 (2) The comprehensive state-owned real property system must
378 accomplish the following objectives:
379 (a) Eliminate the need for redundant state real property
380 information collection processes and state agency information
381 systems.
382 (b) Reduce the need to lease or acquire additional real
383 property as a result of an annual surplus valuation,
384 utilization, and disposition analysis.
385 (c) Enable regional planning as a tool for cost-effective
386 buy, sell, and lease decisions.
387 (d) Increase state revenues and maximize operational
388 efficiencies by annually identifying those state-owned real
389 properties that are the best candidates for surplus or
390 disposition.
391 (e) Ensure all state real property is identified by
392 collaborating and integrating with the Department of Revenue
393 data as submitted by the county property appraisers.
394 (f) Implement required functionality and processes for
395 state agencies to electronically submit all applicable real
396 property information using a web browser application.
397 (3) The development of the comprehensive state-owned real
398 property system must be composed of the following implementation
399 timeframes and initial deliverables:
400 (a) By October 1, 2010, the Division of State Lands shall
401 submit a report to the Governor, the President of the Senate,
402 and the Speaker of the House of Representatives which identifies
403 and recommends state-owned real property for disposition. The
404 report shall include specific information that documents the
405 valuation and analysis process used to identify the specific
406 state-owned real property recommended for disposition.
407 (b) By November 1, 2010, the Department of Environmental
408 Protection shall submit an updated feasibility study for the
409 Lands Inventory Tracking System, to include in its scope the
410 comprehensive state-owned real property system. The feasibility
411 study shall be submitted to the Governor, the President of the
412 Senate, and the Speaker of the House of Representatives.
413 (c) By February 1, 2011, the executive steering committee
414 shall complete the business process analysis and documentation
415 of both the detailed system requirements and the overall system
416 architecture and submit this information to the Governor, the
417 President of the Senate, and the Speaker of the House of
418 Representatives.
419 (d) By March 1, 2011, the facility inventory components of
420 the comprehensive state-owned real property system must be fully
421 operational.
422 (e) By September 1, 2012, the remaining real property and
423 land inventory components of the comprehensive state-owned real
424 property system must be fully operational.
425 (4) The Department of Environmental Protection shall
426 implement the project governance structure until such time as
427 the comprehensive state-owned real property system is
428 successfully completed, suspended, or terminated.
429 (5) The project sponsor for the comprehensive state-owned
430 real property system is the Secretary of Environmental
431 Protection.
432 (6) The project shall be governed by an executive steering
433 committee composed of the following voting members or their
434 designees:
435 (a) The Secretary of Environmental Protection, who shall
436 serve as chair of the committee.
437 (b) The executive director of the Department of Revenue.
438 (c) The director of the Division of State Lands in the
439 Department of Environmental Protection.
440 (d) The Chief Financial Officer.
441 (e) A property appraiser appointed by the Florida
442 Association of Property Appraisers, Inc.
443 (f) A property appraiser appointed by the Property
444 Appraisers’ Association of Florida, Inc.
445 (g) The executive director of the Agency for Enterprise
446 Information Technology.
447 (7) The executive steering committee shall take action by
448 majority vote of its members and has the overall management
449 responsibility for ensuring that the system meets the main
450 business objectives identified in subsection (1). The executive
451 steering committee is specifically responsible for:
452 (a) Providing management direction and support to the
453 project management team.
454 (b) Reviewing, approving, or disapproving project
455 deliverables and any changes to the project’s scope, schedule,
456 or costs.
457 (c) Preparing an update to the feasibility study for the
458 Lands Inventory Tracking System, including the scope of the real
459 property system. The feasibility study shall include, but need
460 not be limited to, a description of the overall scope of the
461 comprehensive state-owned real property system. In determining
462 the overall scope, the study shall address whether a single,
463 comprehensive database of state-owned real property should
464 replace existing real property databases and whether the
465 comprehensive real property system should accept data from and
466 send data to existing databases. The feasibility study update
467 shall comply with the Schedule IV-B guidelines for the 2010-2011
468 fiscal year, published by the Technology Review Workgroup
469 pursuant to s. 216.023, Florida Statutes.
470 1. At a minimum, the following database systems shall be
471 included in this review and analysis:
472 a. The Public Lands Inventory of the Department of
473 Environmental Protection, the statewide public lands inventory,
474 the Board of Trustees Land Document Systems, and the Lands
475 Information Tracking System.
476 b. The property tax rolls of the Department of Revenue.
477 c. The state facilities inventory of the Department of
478 Management Services.
479 d. The risk management database of the Department of
480 Financial Services.
481 2. Further functions must include:
482 a. Identification of the role and responsibilities of the
483 county property appraisers in a comprehensive system of state
484 owned real property which includes the integration of their real
485 property data.
486 b. A description of the methods for maintaining and
487 updating the system and conducting strategic analyses, including
488 valuation and real property surplus or disposition analysis.
489 c. Specifications describing all functional and technical
490 requirements of the comprehensive system.
491 d. Reliable estimates of the initial and ongoing state and
492 local effort required to implement the comprehensive system of
493 state-owned real property.
494 e. Identification of the business processes that county
495 property appraisers and state agencies will use to keep the
496 comprehensive system data complete, current, and accurate.
497 f. Identification of state agency system usage requirements
498 and responsibilities.
499 g. Cost-benefit analysis documenting the specific direct
500 and indirect costs, savings, and qualitative and quantitative
501 benefits involved in or resulting from the implementation of the
502 comprehensive state-owned real property system.
503 (d) Identifying and recommending to the Governor and the
504 chair of the House Full Appropriations Council on General
505 Government & Health Care and the chair of the Senate Policy and
506 Steering Committee on Ways and Means any fiscal and substantive
507 policy changes that are needed to implement and maintain the
508 comprehensive system as documented in the feasibility study.
509 (8) The project management team shall be established no
510 later than 30 days after this act becomes law and shall work
511 under the direction of the executive steering committee. A
512 memorandum of agreement between the Department of Environmental
513 Protection, the Department of Revenue, and the Department of
514 Financial Services may be executed to clearly define the roles
515 and responsibilities of the project management team. The project
516 management team must be headed by a full-time project manager
517 and consist of senior managers and personnel appointed by
518 members of the executive steering committee. The project
519 management team is responsible for:
520 (a) Providing daily planning, management, and
521 implementation resources and capabilities for the project.
522 (b) Developing an operational work plan for the project and
523 providing to the executive steering committee proposed updates
524 to the work plan whenever necessary. The plan must specify
525 project milestones, deliverables, a development and
526 implementation schedule, and expenditures necessary to achieve
527 the main objectives identified in subsection (1).
528 (c) Submitting written monthly project status reports to
529 the executive steering committee which describe:
530 1. Planned project costs versus actual project costs.
531 2. Completion status of major milestones and deliverables
532 according to the project schedule.
533 3. Any issues requiring resolution, the proposed resolution
534 for the issues, and information regarding the status of the
535 resolution.
536 4. Specific risks that must be managed and methods for
537 their management.
538 5. Recommendations for necessary changes in the project’s
539 scope, schedule, or costs. All recommendations must be reviewed
540 by project stakeholders before submission to the executive
541 steering committee in order to ensure that the recommendations
542 meet required acceptance criteria.
543 (d) Preparing the feasibility study required in subsection
544 (7) under the direction of the executive steering committee.
545 (e) Preparing project work plans and project status
546 reports, which shall also be provided to the Governor and the
547 chair of the House Full Appropriations Council on General
548 Government & Health Care and the chair of the Senate Policy and
549 Steering Committee on Ways and Means.
550 Section 8. This act shall take effect upon becoming a law.