Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1622
       
       
       
       
       
       
                                Ì357140vÎ357140                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2018           .                                
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       The Committee on Environmental Preservation and Conservation
       (Flores) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 71 - 162
    4  and insert:
    5         (22) The board of trustees, by an affirmative vote of at
    6  least three members, may direct the department to purchase lands
    7  on an immediate basis using up to 15 percent of the funds
    8  allocated to the department pursuant to s. 259.105 for the
    9  acquisition of lands that:
   10         (a) Are listed or placed at auction by the Federal
   11  Government as part of the Resolution Trust Corporation sale of
   12  lands from failed savings and loan associations;
   13         (b) Are listed or placed at auction by the Federal
   14  Government as part of the Federal Deposit Insurance Corporation
   15  sale of lands from failed banks; or
   16         (c) Will be developed or otherwise lost to potential public
   17  ownership, or for which federal matching funds will be lost, by
   18  the time the land can be purchased under the program within
   19  which the land is listed for acquisition; or
   20         (d)Will prevent or satisfy private property rights claims
   21  resulting from limitations imposed by the designation of an area
   22  of critical state concern pursuant to chapter 380.
   23  
   24  For such acquisitions, the board of trustees may waive or modify
   25  all procedures required for land acquisition pursuant to this
   26  chapter and all competitive bid procedures required pursuant to
   27  chapters 255 and 287. Lands acquired pursuant to this subsection
   28  must, at the time of purchase, be on one of the acquisition
   29  lists established pursuant to chapter 259, or be essential for
   30  water resource development, protection, or restoration, or a
   31  significant portion of the lands must contain natural
   32  communities or plant or animal species that are listed by the
   33  Florida Natural Areas Inventory as critically imperiled,
   34  imperiled, or rare, or as excellent quality occurrences of
   35  natural communities.
   36         (23)The board of trustees, by an affirmative vote of at
   37  least three members, may direct the department to purchase lands
   38  on an immediate basis that will prevent or satisfy private
   39  property rights claims resulting from limitations imposed by the
   40  designation of an area of critical state concern pursuant to
   41  chapter 380.
   42         (24)For acquisitions directed pursuant to subsection (22)
   43  or subsection (23):
   44         (a) The board of trustees may waive or modify all
   45  procedures required for land acquisition pursuant to this
   46  chapter and all competitive bid procedures required pursuant to
   47  chapters 255 and 287; and
   48         (b) If a parcel is estimated to be worth $500,000 or less
   49  and the director of the Division of State Lands finds that the
   50  cost of an outside appraisal is not justified, a comparable
   51  sales analysis, an appraisal prepared by the division, or other
   52  reasonably prudent procedure may be used by the division to
   53  estimate the value of the land, provided the public interest is
   54  reasonably protected.
   55         (25)(23) Title to lands to be held jointly by the board of
   56  trustees and a water management district and acquired pursuant
   57  to s. 373.139 may be deemed to meet the standards necessary for
   58  ownership by the board of trustees, notwithstanding this section
   59  or related rules.
   60         Section 2. Paragraph (c) of subsection (2) of section
   61  288.980, Florida Statutes, is amended to read:
   62         288.980 Military base retention; legislative intent; grants
   63  program.—
   64         (2)
   65         (c) As used in this subsection, the term “nonconservation
   66  lands” means lands acquired for uses other than conservation,
   67  outdoor resource-based recreation, or archaeological or historic
   68  preservation not subject to acquisition by the Florida Forever
   69  Program.
   70         Section 3. Subsection (3) of section 380.0666, Florida
   71  Statutes, is amended to read:
   72         380.0666 Powers of land authority.—The land authority shall
   73  have all the powers necessary or convenient to carry out and
   74  effectuate the purposes and provisions of this act, including
   75  the following powers, which are in addition to all other powers
   76  granted by other provisions of this act:
   77         (3) To acquire and dispose of real and personal property or
   78  any interest therein when such acquisition is necessary or
   79  appropriate to protect the natural environment, provide public
   80  access or public recreational facilities, preserve wildlife
   81  habitat areas, provide affordable housing to families whose
   82  income does not exceed 160 percent of the median family income
   83  for the area, prevent or satisfy private property rights claims
   84  resulting from limitations imposed by the designation of an area
   85  of critical state concern, or provide access to management of
   86  acquired lands; to acquire interests in land by means of land
   87  exchanges; to contribute tourist impact tax revenues received
   88  pursuant to s. 125.0108 to the county in which it is located and
   89  its most populous municipality or the housing authority of such
   90  county or municipality, at the request of the county commission
   91  or the commission or council of such municipality, for the
   92  construction, redevelopment, or preservation of affordable
   93  housing in an area of critical state concern within such
   94  municipality or any other area of the county; to contribute
   95  funds to the Department of Environmental Protection for the
   96  purchase of lands by the department; and to enter into all
   97  alternatives to the acquisition of fee interests in land,
   98  including, but not limited to, the acquisition of easements,
   99  development rights, life estates, leases, and leaseback
  100  arrangements. However, the land authority shall make an
  101  acquisition or contribution only if:
  102         (a) Such acquisition or contribution is consistent with
  103  land development regulations and local comprehensive plans
  104  adopted and approved pursuant to this chapter;
  105         (b) The property acquired is within an area designated as
  106  an area of critical state concern at the time of acquisition or
  107  is within an area that was designated as an area of critical
  108  state concern for at least 20 consecutive years before prior to
  109  removal of the designation;
  110         (c) The property to be acquired has not been selected for
  111  purchase through another local, regional, state, or federal
  112  public land acquisition program. Such restriction does shall not
  113  apply if the land authority cooperates with the other public
  114  land acquisition programs which listed the lands for
  115  acquisition, to coordinate the acquisition and disposition of
  116  such lands. In such cases, the land authority may enter into
  117  contractual or other agreements to acquire lands jointly or for
  118  eventual resale to other public land acquisition programs; and
  119         (d) The acquisition or contribution is not used to improve
  120  public transportation facilities or otherwise increase road
  121  capacity to reduce hurricane evacuation clearance times.
  122         (e) Land authority funds may be used to pay costs related
  123  to the development and construction of affordable housing
  124  projects, including but not limited to, site improvements; site
  125  amenities; site infrastructure, such as roads, water,
  126  wastewater, and utilities; any fees associated with gaining
  127  development approval, including but not limited to building
  128  permit and impact fees, and utility fees; easements; energy
  129  efficiency and sustainable design features; environmental
  130  mitigation; any related land acquisition, land improvement,
  131  design, and engineering costs; and all other professional and
  132  related costs required to bring an affordable housing project
  133  into service.
  134  
  135  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  136  And the directory clause is amended as follows:
  137         Delete lines 28 - 29
  138  and insert:
  139         Section 1. Present subsection (23) of section 253.025,
  140  Florida Statutes, is redesignated as subsection (25),
  141  subsections (21) and (22) of that section are amended, and a new
  142  subsection (23) and subsection (24) are added to that section,
  143  to read:
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146  And the title is amended as follows:
  147         Delete lines 18 - 24
  148  and insert:
  149         within areas of critical state concern; authorizing
  150         the Board of Trustees of the Internal Improvement
  151         Trust Fund to direct the department to purchase lands
  152         on an immediate basis to satisfy private property
  153         rights claims resulting from certain limitations;
  154         authorizing the board to waive certain procedures;
  155         providing procedures for estimating the value of lands
  156         under a certain value under certain conditions;
  157         amending s. 288.980, F.S.; redefining the term
  158         “nonconservation lands”; amending s. 380.0666, F.S.;
  159         authorizing land authorities to contribute tourist
  160         impact tax revenues to certain counties for the
  161         construction, redevelopment, and preservation of
  162         certain affordable housing; authorizing land authority
  163         funds to be used to pay costs related to the
  164         development and construction of affordable housing
  165         projects; providing an effective date.