Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS for CS for SB 410 Ì524444&Î524444 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Diaz moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 136 and 137 4 insert: 5 Section 5. Subsection (4) of section 337.25, Florida 6 Statutes, is amended to read: 7 337.25 Acquisition, lease, and disposal of real and 8 personal property.— 9 (4) The department may convey, in the name of the state, 10 any land, building, or other property, real or personal, which 11 was acquired under subsection (1) and which the department has 12 determined is not needed for the construction, operation, and 13 maintenance of a transportation facility. When such a 14 determination has been made, property may be disposed of through 15 negotiations, sealed competitive bids, auctions, or any other 16 means the department deems to be in its best interest, with due 17 advertisement for property valued by the department at greater 18 than $10,000. A sale may not occur at a price less than the 19 department’s current estimate of value, except as provided in 20 paragraphs (a)-(d). The department may afford a right of first 21 refusal to the local government or other political subdivision 22 in the jurisdiction in which the parcel is situated, except in a 23 conveyance transacted under paragraph (a), paragraph (c), or 24 paragraph (e). Notwithstanding any provision of this section to 25 the contrary, before any conveyance under this subsection may be 26 made, except a conveyance under paragraph (a) or paragraph (c), 27 the department shall first afford a right of first refusal to 28 the previous property owner for the department’s current 29 estimate of value of the property. The right of first refusal 30 must be made in writing and sent to the previous owner via 31 certified mail or hand delivery, effective upon receipt. The 32 right of first refusal must provide the previous owner with a 33 minimum of 30 days to exercise the right in writing and must be 34 sent to the originator of the offer by certified mail or hand 35 delivery, effective upon dispatch. If the previous owner 36 exercises his or her right of first refusal, the previous owner 37 has a minimum of 90 days to close on the property. 38 (a) If the property has been donated to the state for 39 transportation purposes and a transportation facility has not 40 been constructed for at least 5 years, plans have not been 41 prepared for the construction of such facility, and the property 42 is not located in a transportation corridor, the governmental 43 entity may authorize reconveyance of the donated property for no 44 consideration to the original donor or the donor’s heirs, 45 successors, assigns, or representatives. 46 (b) If the property is to be used for a public purpose, the 47 property may be conveyed without consideration to a governmental 48 entity. 49 (c) If the property was originally acquired specifically to 50 provide replacement housing for persons displaced by 51 transportation projects, the department may negotiate for the 52 sale of such property as replacement housing. As compensation, 53 the state shall receive at least its investment in such property 54 or the department’s current estimate of value, whichever is 55 lower. It is expressly intended that this benefit be extended 56 only to persons actually displaced by the project. Dispositions 57 to any other person must be for at least the department’s 58 current estimate of value. 59 (d) If the department determines that the property requires 60 significant costs to be incurred or that continued ownership of 61 the property exposes the department to significant liability 62 risks, the department may use the projected maintenance costs 63 over the next 10 years to offset the property’s value in 64 establishing a value for disposal of the property, even if that 65 value is zero. 66 (e) If, at the discretion of the department, a sale to a 67 person other than an abutting property owner would be 68 inequitable, the property may be sold to the abutting owner for 69 the department’s current estimate of value. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete line 29 74 and insert: 75 changes under certain circumstances; amending s. 76 337.25, F.S.; requiring the Department of 77 Transportation to afford a right of first refusal to 78 certain individuals under specified circumstances; 79 providing requirements and procedures for the right of 80 first refusal; amending s.