Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1173, 1st Eng.
       
       
       
       
       
       
                                Ì483474=Î483474                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/06/2018 10:26 AM       .      03/08/2018 01:53 PM       
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (23) of section 253.025, Florida
    6  Statutes, is renumbered as subsection (25), subsections (21) and
    7  (22) of that section are amended, and new subsections (23) and
    8  (24) are added to that section, to read:
    9         253.025 Acquisition of state lands.—
   10         (21)(a) The board of trustees may acquire, pursuant to s.
   11  288.980(2)(b), nonconservation lands from the annual list
   12  submitted by the Department of Economic Opportunity for the
   13  purpose of buffering a military installation against
   14  encroachment.
   15         (b)If federal partnership funds are available before the
   16  military installation buffer land is acquired, the Division of
   17  State Lands shall apply yellow book appraisal standards and must
   18  disclose the appraised value to the seller.
   19         (c)Following acquisition of the military installation
   20  buffer land, the board of trustees is authorized, in accordance
   21  with the installation’s procedures, the laws of this state, and
   22  the terms of the management and monitoring agreement provided in
   23  s. 288.980(2)(b), to:
   24         1.Convey the land at less than appraised value to the
   25  military installation;
   26         2.Lease the land at less than appraised or market value to
   27  the military installation; or
   28         3.Lease the land at rates determined by competitive bid,
   29  which may be less than appraised or market value, to private
   30  entities to conduct agricultural or silvicultural operations
   31  under terms requiring approval of the military installation and
   32  that must implement the best management practices applicable to
   33  such operations as adopted by the Department of Agriculture and
   34  Consumer Services.
   35         (d)A conveyance at less than appraised value must state
   36  that the land will revert to the board of trustees if the land
   37  is not used for its intended purposes as a military installation
   38  buffer or if the military installation closes.
   39         (22) The board of trustees, by an affirmative vote of at
   40  least three members, may direct the Department of Environmental
   41  Protection to purchase lands on an immediate basis using up to
   42  15 percent of the funds allocated to the department pursuant to
   43  s. 259.105 for the acquisition of lands that:
   44         (a) Are listed or placed at auction by the Federal
   45  Government as part of the Resolution Trust Corporation sale of
   46  lands from failed savings and loan associations;
   47         (b) Are listed or placed at auction by the Federal
   48  Government as part of the Federal Deposit Insurance Corporation
   49  sale of lands from failed banks; or
   50         (c) Will be developed or otherwise lost to potential public
   51  ownership, or for which federal matching funds will be lost, by
   52  the time the land can be purchased under the program within
   53  which the land is listed for acquisition; or
   54         (d)Will prevent or satisfy private property rights claims
   55  resulting from limitations imposed by the designation of an area
   56  of critical state concern pursuant to chapter 380.
   57  
   58  For such acquisitions, the board of trustees may waive or modify
   59  all procedures required for land acquisition pursuant to this
   60  chapter and all competitive bid procedures required pursuant to
   61  chapters 255 and 287. Lands acquired pursuant to this subsection
   62  must, at the time of purchase, be on one of the acquisition
   63  lists established pursuant to chapter 259, or be essential for
   64  water resource development, protection, or restoration, or a
   65  significant portion of the lands must contain natural
   66  communities or plant or animal species that are listed by the
   67  Florida Natural Areas Inventory as critically imperiled,
   68  imperiled, or rare, or as excellent quality occurrences of
   69  natural communities.
   70         (23)The board of trustees, by an affirmative vote of at
   71  least three members, may direct the division to purchase lands
   72  on an immediate basis that will prevent or satisfy private
   73  property rights claims resulting from limitations imposed by the
   74  designation of an area of critical state concern pursuant to
   75  chapter 380.
   76         (24)For acquisitions directed pursuant to subsection (22)
   77  or subsection (23):
   78         (a)The board of trustees may waive or modify all
   79  procedures required for land acquisition pursuant to this
   80  chapter and all competitive bid procedures required pursuant to
   81  chapters 255 and 287; and
   82         (b)If a parcel is estimated to be worth $500,000 or less
   83  and the director of the Division of State Lands finds that the
   84  cost of an outside appraisal is not justified, a comparable
   85  sales analysis, an appraisal prepared by the division, or other
   86  reasonably prudent procedure may be used by the division to
   87  estimate the value of the land, provided the public interest is
   88  reasonably protected.
   89         Section 2. Subsection (6) of section 259.045, Florida
   90  Statutes, is amended to read:
   91         259.045 Purchase of lands in areas of critical state
   92  concern; recommendations by department and land authorities.
   93  Within 45 days after the Administration Commission designates an
   94  area as an area of critical state concern under s. 380.05, and
   95  annually thereafter, the Department of Environmental Protection
   96  shall consider the recommendations of the state land planning
   97  agency pursuant to s. 380.05(1)(a) relating to purchase of lands
   98  within an area of critical state concern or lands outside an
   99  area of critical state concern that directly impact an area of
  100  critical state concern, which may include lands used to preserve
  101  and protect water supply, and shall make recommendations to the
  102  board with respect to the purchase of the fee or any lesser
  103  interest in any such lands that are:
  104         (6) Lands used to prevent or satisfy private property
  105  rights claims resulting from limitations imposed by the
  106  designation of an area of critical state concern if the
  107  acquisition of such lands fulfills a public purpose listed in s.
  108  259.032(2) or if the parcel is wholly or partially, at the time
  109  of acquisition, on one of the board’s approved acquisition lists
  110  established pursuant to this chapter. For the purposes of this
  111  subsection, if a parcel is estimated to be worth $500,000 or
  112  less and the director of the Division of State Lands finds that
  113  the cost of an outside appraisal is not justified, a comparable
  114  sales analysis, an appraisal prepared by the Division of State
  115  Lands, or other reasonably prudent procedures may be used by the
  116  Division of State Lands to estimate the value of the parcel,
  117  provided the public’s interest is reasonably protected.
  118  
  119  The department, a local government, a special district, or a
  120  land authority within an area of critical state concern may make
  121  recommendations with respect to additional purchases which were
  122  not included in the state land planning agency recommendations.
  123         Section 3. Paragraph (i) is added to subsection (4) of
  124  section 259.105, Florida Statutes, to read:
  125         259.105 The Florida Forever Act.—
  126         (4) It is the intent of the Legislature that projects or
  127  acquisitions funded pursuant to paragraphs (3)(a) and (b)
  128  contribute to the achievement of the following goals, which
  129  shall be evaluated in accordance with specific criteria and
  130  numeric performance measures developed pursuant to s.
  131  259.035(4):
  132         (i)Mitigate the effects of natural disasters and floods in
  133  developed areas, as measured by:
  134         1.The number of acres acquired within a 100-year
  135  floodplain or a coastal high hazard area;
  136         2.The number of acres acquired or developed to serve dual
  137  functions as:
  138         a.Flow ways or temporary water storage areas during
  139  flooding or high water events, not including permanent
  140  reservoirs; and
  141         b.Greenways or open spaces available to the public for
  142  recreation;
  143         3.The number of acres that protect existing open spaces
  144  and natural buffer areas within a floodplain that also serve as
  145  natural flow ways or natural temporary water storage areas; and
  146         4.The percentage of the land acquired within the project
  147  boundary that creates additional open spaces, natural buffer
  148  areas, and greenways within a floodplain, while precluding
  149  rebuilding in areas that repeatedly flood.
  150  
  151  Florida Forever projects and acquisitions funded pursuant to
  152  paragraph (3)(c) shall be measured by goals developed by rule by
  153  the Florida Communities Trust Governing Board created in s.
  154  380.504.
  155         Section 4. Paragraphs (b) and (c) of subsection (2) of
  156  section 288.980, Florida Statutes, are amended to read:
  157         288.980 Military base retention; legislative intent; grants
  158  program.—
  159         (2)
  160         (b)1.The department shall annually request military
  161  installations in the state to provide the department with a list
  162  of base buffering encroachment lands for fee simple or less
  163  than-fee simple acquisitions before October 1.
  164         2.The department shall submit the list of base buffering
  165  encroachment lands to the Florida Defense Support Task Force,
  166  created in s. 288.987.
  167         3.The Florida Defense Support Task Force shall, annually
  168  by December 1, review the list of base buffering encroachment
  169  lands submitted by the military installations and provide its
  170  recommendations for ranking the lands for acquisition to the
  171  department.
  172         4.The department shall annually submit the list of base
  173  buffering encroachment lands provided by the Florida Defense
  174  Support Task Force to the Board of Trustees of the Internal
  175  Improvement Trust Fund, which may acquire the lands pursuant to
  176  s. 253.025. At a minimum, the annual list must contain for each
  177  recommended land acquisition:
  178         a.A legal description of the land and its property
  179  identification number;
  180         b.A detailed map of the land; and
  181         c.A management and monitoring agreement to ensure the land
  182  serves a base buffering purpose The department may annually
  183  submit a list to the Board of Trustees of the Internal
  184  Improvement Trust Fund of nonconservation lands to acquire,
  185  subject to a specific appropriation, through fee simple purchase
  186  or through perpetual, less-than-fee interest purchase, for the
  187  purpose of buffering a military installation against
  188  encroachment. The Board of Trustees of the Internal Improvement
  189  Trust Fund shall also consider the recommendations of the
  190  Florida Defense Support Task Force, created in s. 288.987, when
  191  selecting nonconservation lands to purchase for the purpose of
  192  securing and protecting a military installation against
  193  encroachment. This paragraph does not preclude the acquisition
  194  of such lands by local governments through fee simple purchase
  195  or through perpetual, less-than-fee interest purchase, for the
  196  purpose of buffering a military installation against
  197  encroachment.
  198         (c) As used in this subsection, the term “nonconservation
  199  lands” means lands acquired for uses other than conservation,
  200  outdoor resource-based recreation, or archaeological or historic
  201  preservation not subject to acquisition by the Florida Forever
  202  Program.
  203         Section 5. Paragraphs (h) and (i) are added to subsection
  204  (2) of section 380.0555, Florida Statutes, to read:
  205         380.0555 Apalachicola Bay Area; protection and designation
  206  as area of critical state concern.—
  207         (2) LEGISLATIVE INTENT.—It is hereby declared that the
  208  intent of the Legislature is:
  209         (h)To provide affordable housing in close proximity to
  210  places of employment in the Apalachicola Bay Area.
  211         (i)To protect and improve the water quality of the
  212  Apalachicola Bay Area through federal, state, and local funding
  213  of water quality improvement projects, including the
  214  construction and operation of wastewater management facilities
  215  that meet state requirements.
  216         Section 6. Subsection (3) of section 380.0666, Florida
  217  Statutes, is amended to read:
  218         380.0666 Powers of land authority.—The land authority shall
  219  have all the powers necessary or convenient to carry out and
  220  effectuate the purposes and provisions of this act, including
  221  the following powers, which are in addition to all other powers
  222  granted by other provisions of this act:
  223         (3)(a) To acquire and dispose of real and personal property
  224  or any interest therein when such acquisition is necessary or
  225  appropriate to protect the natural environment, provide public
  226  access or public recreational facilities, preserve wildlife
  227  habitat areas, provide affordable housing to families whose
  228  income does not exceed 160 percent of the median family income
  229  for the area, prevent or satisfy private property rights claims
  230  resulting from limitations imposed by the designation of an area
  231  of critical state concern, or provide access to management of
  232  acquired lands; to acquire interests in land by means of land
  233  exchanges; to contribute tourist impact tax revenues received
  234  pursuant to s. 125.0108 to the county in which it is located and
  235  its most populous municipality or the housing authority of such
  236  county or municipality, at the request of the county commission
  237  or the commission or council of such municipality, for the
  238  construction, redevelopment, or preservation of affordable
  239  housing in an area of critical state concern within such
  240  municipality or any other area of the county; to contribute
  241  funds to the Department of Environmental Protection for the
  242  purchase of lands by the department; and to enter into all
  243  alternatives to the acquisition of fee interests in land,
  244  including, but not limited to, the acquisition of easements,
  245  development rights, life estates, leases, and leaseback
  246  arrangements. However, the land authority shall make an
  247  acquisition or contribution only if:
  248         1.(a) Such acquisition or contribution is consistent with
  249  land development regulations and local comprehensive plans
  250  adopted and approved pursuant to this chapter;
  251         2.(b) The property acquired is within an area designated as
  252  an area of critical state concern at the time of acquisition or
  253  is within an area that was designated as an area of critical
  254  state concern for at least 20 consecutive years before prior to
  255  removal of the designation;
  256         3.(c) The property to be acquired has not been selected for
  257  purchase through another local, regional, state, or federal
  258  public land acquisition program. Such restriction does shall not
  259  apply if the land authority cooperates with the other public
  260  land acquisition programs which listed the lands for
  261  acquisition, to coordinate the acquisition and disposition of
  262  such lands. In such cases, the land authority may enter into
  263  contractual or other agreements to acquire lands jointly or for
  264  eventual resale to other public land acquisition programs; and
  265         4.(d) The acquisition or contribution is not used to
  266  improve public transportation facilities or otherwise increase
  267  road capacity to reduce hurricane evacuation clearance times.
  268         (b)To use revenues received pursuant to s. 125.0108 to pay
  269  costs related to affordable housing projects, including:
  270         1.The cost of acquiring real property and any buildings
  271  thereon, including payments for contracts to purchase
  272  properties;
  273         2.The cost of site preparation, demolition, environmental
  274  remediation that is not reimbursed by another governmental
  275  funding program, and development;
  276         3.Professional fees in connection with the planning,
  277  design, and construction of the project, such as those of
  278  architects, engineers, attorneys, and accountants;
  279         4.The cost of studies, surveys, and plans;
  280         5.The cost of the construction, rehabilitation, and
  281  equipping of the project, excluding permit and impact fees and
  282  mitigation requirements;
  283         6.The cost of on-site land improvements, such as
  284  landscaping, parking, and ingress and egress, excluding permit
  285  and impact fees and mitigation requirements; and
  286         7.The cost of offsite access roads, except those required
  287  to meet hurricane evacuation clearance times.
  288         Section 7. Paragraph (f) of subsection (4) of section
  289  380.508, Florida Statutes, is redesignated as paragraph (g), and
  290  a new paragraph (f) is added to that subsection, to read:
  291         380.508 Projects; development, review, and approval.—
  292         (4) Projects or activities which the trust undertakes,
  293  coordinates, or funds in any manner shall comply with the
  294  following guidelines:
  295         (f)The purpose of urban greenways and open space projects
  296  shall be to provide recreational opportunities, promote
  297  community interaction, and connect communities. Urban greenways
  298  and open space projects may also serve dual functions as flow
  299  ways or temporary water storage areas, not including permanent
  300  reservoirs, to mitigate natural disasters and floods in
  301  developed areas.
  302  
  303  Project costs may include costs of providing parks, open space,
  304  public access sites, scenic easements, and other areas and
  305  facilities serving the public where such features are part of a
  306  project plan approved according to this part. In undertaking or
  307  coordinating projects or activities authorized by this part, the
  308  trust shall, when appropriate, use and promote the use of
  309  creative land acquisition methods, including the acquisition of
  310  less than fee interest through, among other methods,
  311  conservation easements, transfer of development rights, leases,
  312  and leaseback arrangements. The trust shall assist local
  313  governments in the use of sound alternative methods of financing
  314  for funding projects and activities authorized under this part.
  315  Any funds over and above eligible project costs, which remain
  316  after completion of a project approved according to this part,
  317  shall be transmitted to the state and deposited into the Florida
  318  Forever Trust Fund.
  319         Section 8. Paragraph (d) of subsection (3) of section
  320  380.510, Florida Statutes, is amended to read:
  321         380.510 Conditions of grants and loans.—
  322         (3) In the case of a grant or loan for land acquisition,
  323  agreements shall provide all of the following:
  324         (d) If any essential term or condition of a grant or loan
  325  is violated, title to all interest in real property acquired
  326  with state funds shall be conveyed or revert to the Board of
  327  Trustees of the Internal Improvement Trust Fund. The trust shall
  328  treat such property in accordance with s. 380.508(4)(g) s.
  329  380.508(4)(f).
  330  
  331  Any deed or other instrument of conveyance whereby a nonprofit
  332  organization or local government acquires real property under
  333  this section shall set forth the interest of the state. The
  334  trust shall keep at least one copy of any such instrument and
  335  shall provide at least one copy to the Board of Trustees of the
  336  Internal Improvement Trust Fund.
  337         Section 9. This act shall take effect upon becoming a law.
  338  
  339  ================= T I T L E  A M E N D M E N T ================
  340  And the title is amended as follows:
  341         Delete everything before the enacting clause
  342  and insert:
  343                        A bill to be entitled                      
  344         An act relating to lands used for governmental
  345         purposes; amending s. 253.025, F.S.; providing
  346         conditions under which specified appraisal standards
  347         are required, and such appraisal be provided to the
  348         seller, for the acquisition of lands for the purpose
  349         of buffering military installations against
  350         encroachment; authorizing such lands to be leased or
  351         conveyed for less than appraised value to military
  352         installations; providing requirements for such leasing
  353         and conveyance; authorizing the use of certain funding
  354         sources for the immediate acquisition of lands that
  355         prevent or satisfy private property rights claims
  356         within areas of critical state concern; authorizing
  357         the board of trustees to waive certain procedures for
  358         land acquisition for such lands; providing procedures
  359         for estimating the value of such lands under certain
  360         conditions; amending s. 259.045, F.S.; authorizing the
  361         Department of Environmental Protection to acquire
  362         certain conservation and recreation lands to prevent
  363         or satisfy private property rights claims within areas
  364         of critical state concern; providing procedures for
  365         estimating the value of such lands under certain
  366         conditions; amending s. 259.105, F.S.; including
  367         natural disaster and flood mitigation as criteria for
  368         assessing certain projects and land acquisitions under
  369         the Florida Forever Act; amending s. 288.980, F.S.;
  370         requiring the Department of Economic Opportunity to
  371         annually request state military installations to
  372         provide a certain list before a specified date;
  373         requiring the department to submit such list to the
  374         Florida Defense Support Task Force; requiring the task
  375         force to annually review such list and provide certain
  376         recommendations by a specified date; requiring the
  377         department to annually submit a certain list to the
  378         Board of Trustees of the Internal Improvement Trust
  379         Fund, for certain purposes; providing requirements for
  380         the annual list; revising the definition of the term
  381         “nonconservation lands”; amending s. 380.0555, F.S.;
  382         revising the legislative intent of the Apalachicola
  383         Bay Area Protection Act; amending s. 380.0666, F.S.;
  384         authorizing land authorities to contribute tourist
  385         impact tax revenues to counties to pay for project
  386         costs relating to the construction, redevelopment, and
  387         preservation of certain affordable housing; amending
  388         s. 380.508, F.S.; requiring that urban greenways and
  389         open space projects undertaken, coordinated, or funded
  390         by the Florida Communities Trust meet certain
  391         criteria; amending s. 380.510, F.S.; conforming a
  392         cross-reference; providing an effective date.