HB 7169

1	A bill to be entitled
2	An act relating to state-owned real property; providing
3	legislative findings; amending s. 193.023, F.S.; requiring
4	assessments of state-owned real property upon request;
5	amending s. 193.085, F.S.; deleting an agency coordination
6	requirement for the Department of Revenue; requiring
7	annual written notification from local governments to
8	property appraisers; amending s. 213.053, F.S.;
9	authorizing the Department of Revenue to provide certain
10	information to the Department of Environmental Protection;
11	amending s. 216.0152, F.S.; revising requirements for the
12	Department of Management Services to develop inventories
13	of state-owned or state-occupied facilities; amending s.
14	253.03, F.S.; requiring the Department of Environmental
15	Protection to maintain a comprehensive database of state-
16	owned land; providing requirements; specifying duties of
17	the Department of Management Services; requiring the
18	Department of Revenue to provide certain tax roll data to
19	the Board of Trustees of the Internal Improvement Trust
20	Fund for certain purposes; requiring the board of trustees
21	to use tax roll data for certain purposes; requiring the
22	board to review certain lands for surplus sales;
23	prohibiting imposition of new data requirements on
24	property appraisers for certain purposes; requiring
25	agencies to retire duplicative state property databases
26	under certain circumstances; amending s. 253.034, F.S.;
27	deleting requirements for the Division of State Lands to
28	prepare state inventories of certain federal, state, and
29	local lands; deleting inventory requirements; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  The Legislature finds that the management of
35	state-owned real property requires a comprehensive integrated
36	inventory system to support decisionmaking processes, including,
37	but not limited to, dispositions. This comprehensive database
38	will serve as the authoritative inventory repository for state-
39	owned facilities and publicly owned lands data that is collected
40	through various agency operations in disparate systems. The
41	comprehensive database must provide agencies owning property,
42	the public, and state policy makers with ready access to an
43	integrated view of collected information and, wherever
44	operationally feasible and cost effective, replace any
45	duplicative state property databases. The initial objective for
46	the database is establishing an integrated inventory of the
47	state-owned real property data from the Department of
48	Environmental Protection, the Department of Management Services,
49	and the Department of Revenue and to collect operating costs and
50	occupancy data from state agencies, while considering future
51	developments to include leased lands and facilities data used by
52	the Department of Financial Services and the Department of
53	Management Services. The new database must optimize the use of
54	existing data collection processes and minimize imposing new
55	collection and reporting requirements where adequate existing
56	data sources are available and must incorporate interfaces for
57	tax roll data collected under statutory authorities by the
58	Department of Revenue from the county property appraisers and
59	other sources. The Legislature therefore intends to promote the
60	development, maintenance, and use of the database through a
61	coordinated interagency effort that leverages existing resources
62	and processes to minimize costs and impacts on agencies owning
63	property and county property appraisers.
64	Section 2.  Subsection (2) of section 193.023, Florida
65	Statutes, is amended to read:
66	193.023  Duties of the property appraiser in making
67	assessments.-
68	(2)  In making his or her assessment of the value of real
69	property, the property appraiser is required to physically
70	inspect the property at least once every 5 years. Where
71	geographically suitable, and at the discretion of the property
72	appraiser, the property appraiser may use image technology in
73	lieu of physical inspection to ensure that the tax roll meets
74	all the requirements of law. The Department of Revenue shall
75	establish minimum standards for the use of image technology
76	consistent with standards developed by professionally recognized
77	sources for mass appraisal of real property. However, the
78	property appraiser shall physically inspect any parcel of
79	taxable or state-owned real property upon the request of the
80	taxpayer or owner.
81	Section 3.  Paragraph (a) of subsection (3) of section
82	193.085, Florida Statutes, is amended to read:
83	193.085  Listing all property.-
84	(3)(a)  The department will coordinate with all other
85	departments of state government to ensure that the several
86	property appraisers are properly notified annually of state
87	ownership of real property. The department shall promulgate
88	regulations to ensure that All forms of local government,
89	special taxing districts, multicounty districts, and
90	municipalities must provide each year written notification to
91	properly notify annually the several property appraisers of any
92	and all real property owned by any of them so that ownership of
93	all such property will be properly listed.
94	Section 4.  Paragraph (z) is added to subsection (8) of
95	section 213.053, Florida Statutes, to read:
96	213.053  Confidentiality and information sharing.-
97	(8)  Notwithstanding any other provision of this section,
98	the department may provide:
99	(z)  Information relative to ss. 253.03(8) and 253.0325 to
100	the Department of Environmental Protection in the conduct of its
101	official business.
102
103	Disclosure of information under this subsection shall be
104	pursuant to a written agreement between the executive director
105	and the agency. Such agencies, governmental or nongovernmental,
106	shall be bound by the same requirements of confidentiality as
107	the Department of Revenue. Breach of confidentiality is a
108	misdemeanor of the first degree, punishable as provided by s.
109	775.082 or s. 775.083.
110	Section 5.  Subsections (1) and (2) of section 216.0152,
111	Florida Statutes, are amended to read:
112	216.0152  Inventory of state-owned facilities or state-
113	occupied facilities.-
114	(1)  The Department of Management Services shall develop
115	and maintain an automated inventory of all facilities owned,
116	leased, rented, or otherwise occupied or maintained by any
117	agency of the state or by the judicial branch, except those with
118	less than 3,000 square feet. The inventory data shall be
119	provided by the owning or operating agency and shall include the
120	location, occupying agency, ownership, size, condition
121	assessment, valuations, operating costs, maintenance record,
122	age, parking and employee facilities, building use, full-time
123	equivalent occupancy, known restrictions or historic
124	designations including conservation land status, leases or
125	subleases and associated revenues, and other information as
126	required by the department. The department shall use such data
127	for determining maintenance needs, conducting strategic
128	analyses, including, but not limited to, candidates for surplus,
129	and life-cycle cost evaluations of the facility. Beginning July
130	1, 2011, and each July 1 thereafter, inventory information shall
131	be provided to the department by the owning or operating agency
132	in a format prescribed by the department. The inventory need not
133	include a condition assessment or maintenance record of
134	facilities not owned by a state agency or by the judicial
135	branch. The term "facility," as used in this section, means
136	buildings, structures, and building systems, but does not
137	include transportation facilities of the state transportation
138	system. The Department of Transportation shall develop and
139	maintain an inventory of transportation facilities of the state
140	transportation system. The Board of Governors of the State
141	University System and the Department of Education, respectively,
142	shall develop and maintain an inventory, in the manner
143	prescribed by the Department of Management Services, of all
144	state university and community college facilities and shall make
145	the data available in a format acceptable to the Department of
146	Management Services.
147	(2)  For purposes of assessing needed repairs and
148	renovations of facilities, the Department of Management Services
149	shall update its inventory with condition information for
150	facilities of 3,000 square feet or more and cause to be updated
151	the other inventories required by subsection (1) at least once
152	every 5 years, but the inventories shall record acquisitions of
153	new facilities and significant changes in existing facilities as
154	they occur. The Department of Management Services shall provide
155	each agency and the judicial branch with the most recent
156	inventory applicable to that agency or to the judicial branch.
157	Each agency and the judicial branch shall, in the manner
158	prescribed by the Department of Management Services, report
159	significant changes in the inventory as they occur. Items
160	relating to the condition and life-cycle cost of a facility
161	shall be updated at least every 5 years.
162	Section 6.  Subsection (8) of section 253.03, Florida
163	Statutes, is amended to read:
164	253.03  Board of trustees to administer state lands; lands
165	enumerated.-
166	(8)(a)  The Board of Trustees of the Internal Improvement
167	Trust Fund shall prepare, using tax roll data provided by the
168	Department of Revenue as supplied by the counties, an annual
169	inventory of all publicly owned lands within the state. Such
170	inventory shall include all lands owned by any unit of state
171	government or local government; by the Federal Government, to
172	the greatest extent possible; and by any other public entity.
173	The board shall submit a summary report of the inventory and a
174	list of major discrepancies between the inventory and the tax
175	roll data to the President of the Senate and the Speaker of the
176	House of Representatives on or before March 1 of each year.
177	(b)  The Department of Environmental Protection shall
178	maintain a comprehensive database of all state-owned real
179	property. The database shall be available to the public in an
180	electronic format and be complete and operational by March 31,
181	2011. The database shall be used by agencies when analyzing
182	candidates for real property acquisition, use consolidation, or
183	disposition. The Department of Management Services shall direct
184	agency entries of facility data and analysis as identified in s.
185	216.0152(1) for the statewide database.
186	(c)(b)  In addition to any other parcel data available, the
187	inventory shall include a legal description or proper reference
188	thereto, the number of acres or square feet within the
189	boundaries, and the assessed value of all publicly owned
190	uplands. To the greatest extent practicable, the legal
191	description or proper reference thereto and the number of acres
192	or square feet shall be determined for all publicly owned
193	submerged lands. For the purposes of this subsection, the term
194	"submerged lands" means publicly owned lands below the ordinary
195	high-water mark of fresh waters and below the mean high-water
196	line of salt waters extending seaward to the outer jurisdiction
197	of the state. By October 31 of each year, the Department of
198	Revenue shall furnish, in machine-readable form, annual, current
199	tax roll data for public lands to the board to be used in
200	compiling the inventory.
201	(d)1.(c)  Beginning September 30, 2011, and each September
202	30 thereafter, the Department of Revenue shall furnish to the
203	board, in electronic form, current tax roll data for public
204	lands to be used in compiling the inventory.
205	2.  By November 30 By December 31 of each year, the board
206	shall prepare and provide to each state agency and local
207	government and any other public entity which holds title to real
208	property, including any water management district, drainage
209	district, navigation district, or special taxing district, a
210	list of the real property owned by such entity, required to be
211	listed on county assessment rolls, using tax roll data provided
212	by the Department of Revenue.
213	3.  By January March 31 of the following year, each such
214	entity shall review its list and inform the appropriate property
215	appraiser of any corrections to the list. The appropriate county
216	property appraiser Department of Revenue shall provide for
217	entering such corrections on the appropriate county tax roll.
218	(e)  The board shall use tax roll data, which shall be
219	provided by the Department of Revenue, to assist in the
220	identification and confirmation of publicly held lands. Lands
221	held by the state or a water management district and lands
222	purchased by the state, a state agency, or a water management
223	district deemed not essential or unnecessary for conservation
224	purposes shall be subject to review by the board for surplus
225	sale. New data requirements may not be imposed upon property
226	appraisers solely for the comprehensive database.
227	(f)(d)  Whenever real property is listed on the real
228	property assessment rolls of the respective counties in the name
229	of the State of Florida or any of its agencies, the listing
230	shall not be changed in the absence of a recorded deed executed
231	by the State of Florida or the state agency in whose name the
232	property is listed. If, in preparing the assessment rolls, the
233	several property appraisers within the state become aware of the
234	existence of a recorded deed not executed by the state and
235	purporting to convey real property listed on the assessment
236	rolls as state-owned, the property appraiser shall immediately
237	forward a copy of the recorded deed to the state agency in whose
238	name the property is listed.
239	(g)  Wherever operationally feasible and cost effective,
240	when the comprehensive database is available, agencies shall
241	retire any duplicative state property databases.
242	Section 7.  Subsection (8) of section 253.034, Florida
243	Statutes, is amended to read:
244	253.034  State-owned lands; uses.-
245	(8)(a)  Notwithstanding other provisions of this section,
246	the Division of State Lands is directed to prepare a state
247	inventory of all federal lands and all lands titled in the name
248	of the state, a state agency, a water management district, or a
249	local government on a county-by-county basis. To facilitate the
250	development of the state inventory, each county shall direct the
251	appropriate county office with authority over the information to
252	provide the division with a county inventory of all lands
253	identified as federal lands and lands titled in the name of the
254	state, a state agency, a water management district, or a local
255	government. The Legislature recognizes the value of the state's
256	conservation lands as water recharge areas and air filters and,
257	in an effort to better understand the scientific underpinnings
258	of carbon sequestration, carbon capture, and greenhouse gas
259	mitigation, to inform policymakers and decisionmakers, and to
260	provide the infrastructure for landowners, the Division of State
261	Lands shall contract with an organization experienced and
262	specialized in carbon sinks and emission budgets to conduct an
263	inventory of all lands that were acquired pursuant to
264	Preservation 2000 and Florida Forever and that were titled in
265	the name of the Board of Trustees of the Internal Improvement
266	Trust Fund. The inventory shall determine the value of carbon
267	capture and carbon sequestration. Such inventory shall consider
268	potential carbon offset values of changes in land management
269	practices, including, but not limited to, replanting of trees,
270	routine prescribed burns, and land use conversion. Such an
271	inventory shall be completed and presented to the board of
272	trustees by July 1, 2009.
273	(b)  The state inventory must distinguish between lands
274	purchased by the state or a water management district as part of
275	a core parcel or within original project boundaries, as those
276	terms are used to meet the surplus requirements of subsection
277	(6), and lands purchased by the state, a state agency, or a
278	water management district which are not essential or necessary
279	for conservation purposes.
280	(c)  In any county having a population of 75,000 or fewer,
281	or a county having a population of 100,000 or fewer which is
282	contiguous to a county having a population of 75,000 or fewer,
283	in which more than 50 percent of the lands within the county
284	boundary are federal lands and lands titled in the name of the
285	state, a state agency, a water management district, or a local
286	government, those lands titled in the name of the state or a
287	state agency which are not essential or necessary to meet
288	conservation purposes may, upon request of a public or private
289	entity, be made available for purchase through the state's
290	surplusing process. Rights-of-way for existing, proposed, or
291	anticipated transportation facilities are exempt from the
292	requirements of this paragraph. Priority consideration shall be
293	given to buyers, public or private, willing to return the
294	property to productive use so long as the property can be
295	reentered onto the county ad valorem tax roll. Property acquired
296	with matching funds from a local government shall not be made
297	available for purchase without the consent of the local
298	government.
299	(b)(d)  If state-owned lands are subject to annexation
300	procedures, the Division of State Lands must notify the county
301	legislative delegation of the county in which the land is
302	located.
303	Section 8.  This act shall take effect July 1, 2010.

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