Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1622
       
       
       
       
       
       
                                Ì721876JÎ721876                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2018           .                                
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (21) and (22) of section 253.025,
    6  Florida Statutes, are amended, present subsection (23) is
    7  redesignated as subsection (25), and a new subsection (23) and
    8  subsection (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
   17  shall apply Yellow Book appraisal standards and must disclose
   18  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  accordance 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 to purchase lands
   41  on an immediate basis using up to 15 percent of the funds
   42  allocated to the department pursuant to s. 259.105 for the
   43  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 finds that the cost of an
   84  outside appraisal is not justified, a comparable sales analysis,
   85  an appraisal prepared by the division, or other reasonably
   86  prudent procedure may be used by the division to estimate the
   87  value of the land, provided the public interest is reasonably
   88  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 finds that the cost of an
  113  outside appraisal is not justified, a comparable sales analysis,
  114  an appraisal prepared by the division, or other reasonably
  115  prudent procedures may be used by the division to estimate the
  116  value of the parcel, provided the public’s interest is
  117  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. Paragraphs (b) and (c) of subsection (2) of
  124  section 288.980, Florida Statutes, are amended to read:
  125         288.980 Military base retention; legislative intent; grants
  126  program.—
  127         (2)
  128         (b)1. The department shall annually request military
  129  installations in the state to provide the department with a list
  130  of base buffering encroachment lands for fee simple or less
  131  than-fee simple acquisitions before October 1.
  132         2. The department shall submit the list of base buffering
  133  encroachment lands to the Florida Defense Support Task Force
  134  created in s. 288.987.
  135         3. The Florida Defense Support Task Force shall, annually
  136  by December 1, review the list of base buffering encroachment
  137  lands submitted by the military installations and provide its
  138  recommendations for ranking the lands for acquisition to the
  139  department.
  140         4. The department shall annually submit the list of base
  141  buffering encroachment lands provided by the Florida Defense
  142  Support Task Force to the Board of Trustees of the Internal
  143  Improvement Trust Fund, which may acquire the lands pursuant to
  144  s. 253.025. At a minimum, the annual list must contain for each
  145  recommended land acquisition:
  146         a. A legal description of the land and its property
  147  identification number;
  148         b. A detailed map of the land; and
  149         c. A management and monitoring agreement to ensure the land
  150  serves a base buffering purpose. The department may annually
  151  submit a list to the Board of Trustees of the Internal
  152  Improvement Trust Fund of nonconservation lands to acquire,
  153  subject to a specific appropriation, through fee simple purchase
  154  or through perpetual, less-than-fee interest purchase, for the
  155  purpose of buffering a military installation against
  156  encroachment. The Board of Trustees of the Internal Improvement
  157  Trust Fund shall also consider the recommendations of the
  158  Florida Defense Support Task Force, created in s. 288.987, when
  159  selecting nonconservation lands to purchase for the purpose of
  160  securing and protecting a military installation against
  161  encroachment. This paragraph does not preclude the acquisition
  162  of such lands by local governments through fee simple purchase
  163  or through perpetual, less-than-fee interest purchase, for the
  164  purpose of buffering a military installation against
  165  encroachment.
  166         (c) As used in this subsection, the term “nonconservation
  167  lands” means lands acquired for uses other than conservation,
  168  outdoor resource-based recreation, or archaeological or historic
  169  preservation not subject to acquisition by the Florida Forever
  170  Program.
  171         Section 4. Subsection (3) of section 380.0666, Florida
  172  Statutes, is amended, present subsection (4) is redesignated as
  173  subsection (5), and a new subsection (4) is added to that
  174  subsection to read:
  175         380.0666 Powers of land authority.—The land authority shall
  176  have all the powers necessary or convenient to carry out and
  177  effectuate the purposes and provisions of this act, including
  178  the following powers, which are in addition to all other powers
  179  granted by other provisions of this act:
  180         (3) To acquire and dispose of real and personal property or
  181  any interest therein when such acquisition is necessary or
  182  appropriate to protect the natural environment, provide public
  183  access or public recreational facilities, preserve wildlife
  184  habitat areas, provide affordable housing to families whose
  185  income does not exceed 160 percent of the median family income
  186  for the area, prevent or satisfy private property rights claims
  187  resulting from limitations imposed by the designation of an area
  188  of critical state concern, or provide access to management of
  189  acquired lands; to acquire interests in land by means of land
  190  exchanges; to contribute tourist impact tax revenues received
  191  pursuant to s. 125.0108 to the county in which it is located and
  192  its most populous municipality or the housing authority of such
  193  county or municipality, at the request of the county commission
  194  or the commission or council of such municipality, for the
  195  construction, redevelopment, or preservation of affordable
  196  housing in an area of critical state concern within such
  197  municipality or any other area of the county; to contribute
  198  funds to the Department of Environmental Protection for the
  199  purchase of lands by the department; and to enter into all
  200  alternatives to the acquisition of fee interests in land,
  201  including, but not limited to, the acquisition of easements,
  202  development rights, life estates, leases, and leaseback
  203  arrangements. However, the land authority shall make an
  204  acquisition or contribution only if:
  205         (a) Such acquisition or contribution is consistent with
  206  land development regulations and local comprehensive plans
  207  adopted and approved pursuant to this chapter;
  208         (b) The property acquired is within an area designated as
  209  an area of critical state concern at the time of acquisition or
  210  is within an area that was designated as an area of critical
  211  state concern for at least 20 consecutive years prior to removal
  212  of the designation;
  213         (c) The property to be acquired has not been selected for
  214  purchase through another local, regional, state, or federal
  215  public land acquisition program. Such restriction shall not
  216  apply if the land authority cooperates with the other public
  217  land acquisition programs which listed the lands for
  218  acquisition, to coordinate the acquisition and disposition of
  219  such lands. In such cases, the land authority may enter into
  220  contractual or other agreements to acquire lands jointly or for
  221  eventual resale to other public land acquisition programs; and
  222         (d) The acquisition or contribution is not used to improve
  223  public transportation facilities or otherwise increase road
  224  capacity to reduce hurricane evacuation clearance times.
  225         (4) Land authority funds received pursuant to s. 125.0108
  226  may be used to pay costs related to affordable housing projects,
  227  including:
  228         (a) The cost of acquiring real property and any buildings
  229  thereon, including payments for contracts to purchase
  230  properties.
  231         (b) The cost of site preparation, demolition, environmental
  232  remediation that is not reimbursed by another governmental
  233  funding program, and development.
  234         (c) Professional fees in connection with the planning,
  235  design, and construction of the project, such as those of
  236  architects, engineers, attorneys, and accountants.
  237         (d) The cost of studies, surveys, and plans.
  238         (e) The cost of the construction, rehabilitation, and
  239  equipping of the project, excluding permit and impact fees and
  240  mitigation requirements.
  241         (f) The cost of onsite land improvements, such as
  242  landscaping, parking, and ingress and egress, excluding permit
  243  and impact fees and mitigation requirements.
  244         (g) The cost of offsite access roads, except those required
  245  to meet hurricane evacuation clearance times.
  246         Section 5. This act shall take effect upon becoming a law.
  247  
  248  ================= T I T L E  A M E N D M E N T ================
  249  And the title is amended as follows:
  250         Delete everything before the enacting clause
  251  and insert:
  252                        A bill to be entitled                      
  253         An act relating to lands used for governmental
  254         purposes; amending s. 253.025, F.S.; providing
  255         conditions under which specified appraisal standards
  256         are required for acquisition of military installation
  257         buffer lands; authorizing such lands to be leased or
  258         conveyed for less than appraised value to military
  259         installations; authorizing such lands to be leased for
  260         less than appraised value to agricultural or
  261         silvicultural operations; providing requirements for
  262         such leasing and conveyance; authorizing the use of
  263         certain funding sources for the immediate acquisition
  264         of lands that prevent or satisfy private property
  265         rights claims within areas of critical state concern;
  266         authorizing the board of trustees to waive or modify
  267         certain procedures or competitive bidding
  268         requirements; providing procedures for estimating the
  269         value of such lands under certain conditions; amending
  270         s. 259.045, F.S.; requiring the Department of
  271         Environmental Protection to make certain
  272         recommendations to the board regarding the acquisition
  273         of certain lands to prevent or satisfy private
  274         property rights claims within areas of critical state
  275         concern; providing procedures for estimating the value
  276         of such lands under certain conditions; amending s.
  277         288.980, F.S.; requiring the Department of Economic
  278         Opportunity to annually request a list from military
  279         installations regarding base buffering encroachment
  280         lands before a specified date; requiring the
  281         department to submit such list to the Florida Defense
  282         Support Task Force; requiring the Task Force to review
  283         such list annually and provide its recommendations to
  284         the department by a specified date; requiring the
  285         department to submit such list annually to the Board
  286         of Trustees of the Internal Improvement Trust Fund;
  287         authorizing the board to acquire such land, subject to
  288         certain conditions; specifying requirements for such
  289         list; revising the definition of the term
  290         “nonconservation lands”; amending s. 380.0666, F.S.;
  291         revising the powers of land authorities; authorizing
  292         land authorities to contribute tourist impact tax
  293         revenues to counties for the construction,
  294         redevelopment, and preservation of certain affordable
  295         housing; providing an effective date.