Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 410
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz moved the following:
    1         Senate Amendment (with title amendment)
    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.
   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.