Florida Senate - 2018 CS for SB 1622
By the Committee on Environmental Preservation and Conservation;
and Senator Flores
592-02879A-18 20181622c1
1 A bill to be entitled
2 An act relating to lands used for governmental
3 purposes; amending s. 253.025, F.S.; specifying the
4 authority of the Division of State Lands within the
5 Department of Environmental Protection to acquire
6 lands from an annual list provided by the Department
7 of Economic Opportunity and the Florida Defense
8 Support Task Force for the purpose of buffering
9 military installations against encroachment; providing
10 requirements for the annual list; providing conditions
11 under which specified appraisal standards are required
12 for such lands; authorizing such lands to be leased or
13 conveyed for less than appraised value to military
14 installations; providing requirements for such leasing
15 and conveyance; authorizing the use of certain funding
16 sources for the immediate acquisition of lands that
17 prevent or satisfy private property rights claims
18 within areas of critical state concern; authorizing
19 the Board of Trustees of the Internal Improvement
20 Trust Fund to direct the department to purchase lands
21 on an immediate basis to satisfy private property
22 rights claims resulting from certain limitations;
23 authorizing the board to waive certain procedures;
24 providing procedures for estimating the value of lands
25 under a certain value under certain conditions;
26 amending s. 288.980, F.S.; redefining the term
27 “nonconservation lands”; amending s. 380.0666, F.S.;
28 authorizing land authorities to contribute tourist
29 impact tax revenues to certain counties for the
30 construction, redevelopment, and preservation of
31 certain affordable housing; authorizing land authority
32 funds to be used to pay costs related to the
33 development and construction of affordable housing
34 projects; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Present subsection (23) of section 253.025,
39 Florida Statutes, is redesignated as subsection (25),
40 subsections (21) and (22) of that section are amended, and a new
41 subsection (23) and subsection (24) are added to that section,
42 to read:
43 253.025 Acquisition of state lands.—
44 (21)(a) The board of trustees, through its agent, the
45 Division of State Lands within the Department of Environmental
46 Protection, may acquire, pursuant to s. 288.980(2)(b),
47 nonconservation lands from the annual list submitted by the
48 Department of Economic Opportunity for the purpose of buffering
49 a military installation against encroachment.
50 (b) The Department of Economic Opportunity shall annually
51 by October 1 request military installations in the state to
52 provide the department with a list of base buffering
53 encroachment lands for fee simple or less-than-fee simple
54 acquisitions.
55 (c) The Florida Defense Support Task Force shall analyze
56 the list of base buffering encroachment lands submitted by the
57 military installations and provide its recommendations for
58 ranking the lands to the Department of Economic Opportunity.
59 (d) The Department of Economic Opportunity shall submit the
60 final list of base buffering encroachment lands to the Division
61 of State Lands, which may acquire the lands pursuant to this
62 section. At a minimum, the annual list must contain for each
63 land:
64 1. A legal description of the land and its property
65 identification number;
66 2. A detailed map of the land; and
67 3. A management and monitoring agreement to ensure the land
68 serves a base buffering purpose.
69 (e) If federal partnership funds are available before the
70 land is acquired, Yellow Book appraisal standards must be
71 applied and the appraised value must be disclosed to the seller.
72 (f) As authorized by the Division of State Lands on behalf
73 of the board of trustees, and in agreement with the benefiting
74 military installation, the land may be leased or conveyed at
75 less than appraised value to the installation after its
76 acquisition in accordance with the installation’s procedures and
77 the laws of this state. The management and monitoring of the
78 land must be provided by the installation or another
79 governmental entity.
80 (g) A conveyance at less than appraised value must state
81 that the land will revert to the board of trustees if the land
82 is not used for its intended purposes as a military installation
83 buffer or if the military installation closes.
84 (22) The board of trustees, by an affirmative vote of at
85 least three members, may direct the department to purchase lands
86 on an immediate basis using up to 15 percent of the funds
87 allocated to the department pursuant to s. 259.105 for the
88 acquisition of lands that:
89 (a) Are listed or placed at auction by the Federal
90 Government as part of the Resolution Trust Corporation sale of
91 lands from failed savings and loan associations;
92 (b) Are listed or placed at auction by the Federal
93 Government as part of the Federal Deposit Insurance Corporation
94 sale of lands from failed banks; or
95 (c) Will be developed or otherwise lost to potential public
96 ownership, or for which federal matching funds will be lost, by
97 the time the land can be purchased under the program within
98 which the land is listed for acquisition; or
99 (d) Will prevent or satisfy private property rights claims
100 resulting from limitations imposed by the designation of an area
101 of critical state concern pursuant to chapter 380.
102
103 For such acquisitions, the board of trustees may waive or modify
104 all procedures required for land acquisition pursuant to this
105 chapter and all competitive bid procedures required pursuant to
106 chapters 255 and 287. Lands acquired pursuant to this subsection
107 must, at the time of purchase, be on one of the acquisition
108 lists established pursuant to chapter 259, or be essential for
109 water resource development, protection, or restoration, or a
110 significant portion of the lands must contain natural
111 communities or plant or animal species that are listed by the
112 Florida Natural Areas Inventory as critically imperiled,
113 imperiled, or rare, or as excellent quality occurrences of
114 natural communities.
115 (23) The board of trustees, by an affirmative vote of at
116 least three members, may direct the department to purchase lands
117 on an immediate basis that will prevent or satisfy private
118 property rights claims resulting from limitations imposed by the
119 designation of an area of critical state concern pursuant to
120 chapter 380.
121 (24) For acquisitions directed pursuant to subsection (22)
122 or subsection (23):
123 (a) The board of trustees may waive or modify all
124 procedures required for land acquisition pursuant to this
125 chapter and all competitive bid procedures required pursuant to
126 chapters 255 and 287; and
127 (b) If a parcel is estimated to be worth $500,000 or less
128 and the director of the Division of State Lands finds that the
129 cost of an outside appraisal is not justified, a comparable
130 sales analysis, an appraisal prepared by the division, or other
131 reasonably prudent procedure may be used by the division to
132 estimate the value of the land, provided the public interest is
133 reasonably protected.
134 Section 2. Paragraph (c) of subsection (2) of section
135 288.980, Florida Statutes, is amended to read:
136 288.980 Military base retention; legislative intent; grants
137 program.—
138 (2)
139 (c) As used in this subsection, the term “nonconservation
140 lands” means lands acquired for uses other than conservation,
141 outdoor resource-based recreation, or archaeological or historic
142 preservation not subject to acquisition by the Florida Forever
143 Program.
144 Section 3. Subsection (3) of section 380.0666, Florida
145 Statutes, is amended to read:
146 380.0666 Powers of land authority.—The land authority shall
147 have all the powers necessary or convenient to carry out and
148 effectuate the purposes and provisions of this act, including
149 the following powers, which are in addition to all other powers
150 granted by other provisions of this act:
151 (3) To acquire and dispose of real and personal property or
152 any interest therein when such acquisition is necessary or
153 appropriate to protect the natural environment, provide public
154 access or public recreational facilities, preserve wildlife
155 habitat areas, provide affordable housing to families whose
156 income does not exceed 160 percent of the median family income
157 for the area, prevent or satisfy private property rights claims
158 resulting from limitations imposed by the designation of an area
159 of critical state concern, or provide access to management of
160 acquired lands; to acquire interests in land by means of land
161 exchanges; to contribute tourist impact tax revenues received
162 pursuant to s. 125.0108 to the county in which it is located and
163 its most populous municipality or the housing authority of such
164 county or municipality, at the request of the county commission
165 or the commission or council of such municipality, for the
166 construction, redevelopment, or preservation of affordable
167 housing in an area of critical state concern within such
168 municipality or any other area of the county; to contribute
169 funds to the Department of Environmental Protection for the
170 purchase of lands by the department; and to enter into all
171 alternatives to the acquisition of fee interests in land,
172 including, but not limited to, the acquisition of easements,
173 development rights, life estates, leases, and leaseback
174 arrangements. However, the land authority shall make an
175 acquisition or contribution only if:
176 (a) Such acquisition or contribution is consistent with
177 land development regulations and local comprehensive plans
178 adopted and approved pursuant to this chapter;
179 (b) The property acquired is within an area designated as
180 an area of critical state concern at the time of acquisition or
181 is within an area that was designated as an area of critical
182 state concern for at least 20 consecutive years before prior to
183 removal of the designation;
184 (c) The property to be acquired has not been selected for
185 purchase through another local, regional, state, or federal
186 public land acquisition program. Such restriction does shall not
187 apply if the land authority cooperates with the other public
188 land acquisition programs which listed the lands for
189 acquisition, to coordinate the acquisition and disposition of
190 such lands. In such cases, the land authority may enter into
191 contractual or other agreements to acquire lands jointly or for
192 eventual resale to other public land acquisition programs; and
193 (d) The acquisition or contribution is not used to improve
194 public transportation facilities or otherwise increase road
195 capacity to reduce hurricane evacuation clearance times.
196
197 Land authority funds may be used to pay costs related to the
198 development and construction of affordable housing projects,
199 including but not limited to, site improvements; site amenities;
200 site infrastructure, such as roads, water, wastewater, and
201 utilities; any fees associated with gaining development
202 approval, including but not limited to building permit and
203 impact fees, and utility fees; easements; energy efficiency and
204 sustainable design features; environmental mitigation; any
205 related land acquisition, land improvement, design, and
206 engineering costs; and all other professional and related costs
207 required to bring an affordable housing project into service.
208 Section 4. This act shall take effect upon becoming a law.