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.