Florida Senate - 2021 SB 1894 By Senator Torres 15-01801-21 20211894__ 1 A bill to be entitled 2 An act relating to municipal land banks; providing 3 definitions; authorizing one or more municipalities to 4 create a land bank; specifying contents of an 5 ordinance or agreement to create a land bank; 6 specifying a land bank’s legal status and primary 7 goal; requiring a land bank to have a board; providing 8 for membership, appointment, and terms of office; 9 providing for meetings; specifying duties of the 10 board; specifying types of property a land bank may 11 acquire with an automatically accepted bid; 12 authorizing a land bank to employ agents and 13 employees; specifying powers of a land bank; 14 specifying mechanisms for a land bank to acquire real 15 property or interests in real property; providing 16 requirements for the purchase, transfer, inspection of 17 records, and sale of real property held by a land 18 bank; authorizing one or more municipalities that 19 created a land bank to establish a hierarchical 20 ranking of priorities for the use of real property 21 conveyed by a land bank; specifying mechanisms for a 22 land bank to receive funds; authorizing a land bank to 23 issue specified types of bonds and providing 24 requirements; specifying legal liabilities related to 25 the issuance of bonds; providing recordkeeping 26 requirements; specifying mechanisms for dissolving a 27 land bank; providing prohibited practices of board 28 members and employees; requiring the board to adopt 29 specified rules and guidelines; providing directives 30 for handling encumbered property; specifying 31 procedures for tax certificate sales; authorizing 32 automatically accepted bids under certain 33 circumstances; providing a mechanism for a land bank 34 to acquire real property that is auctioned off as part 35 of a foreclosure; specifying when a land bank may 36 apply for execution of a tax deed; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Municipal Land Bank Act.— 42 (1) For purposes of this act, the term: 43 (a) “Board” means the board of directors of a land bank. 44 (b) “Land bank” means an entity created by one more 45 municipalities as set forth in this section. 46 (c) “Real property” means lands, lands under water, 47 structures, and any and all easements, air rights, franchises, 48 and incorporeal hereditaments and every estate and right 49 therein, legal and equitable, including terms for years and 50 liens by way of judgment, mortgage, or otherwise, and any 51 fixtures and improvements located thereon. 52 (2)(a) A municipality may create a land bank by adopting an 53 ordinance to act on behalf of the municipality. Two or more 54 municipalities may enter into an agreement to create a single 55 land bank to act on behalf of such municipalities. The ordinance 56 or agreement must contain the following: 57 1. The name of the land bank. 58 2. The names of the initial individuals who will serve as 59 members of the board, their qualifications, and the length of 60 terms for which they will serve. 61 (b) Each land bank is deemed to be a public corporation 62 acting in a governmental capacity and a political subdivision of 63 the state and has permanent and perpetual duration until 64 terminated and dissolved. 65 (c) The primary goal of any land bank is to help return 66 vacant, abandoned, and tax delinquent properties to productive 67 use. 68 (3)(a) A land bank created by a single municipality by 69 ordinance, or a land bank created by more than one municipality 70 by agreement, must have a board that consists of: 71 1. Seven voting members that have, collectively, verifiable 72 skills and knowledge in market rate and affordable residential, 73 commercial, industrial, and mixed-use real estate development, 74 financing, law, purchasing and sales, asset management, economic 75 and community development, and the acquisition of tax sale 76 certificates. If the land bank was created by one municipality, 77 the members shall be appointed by the municipality. If the land 78 bank was created by more than one municipality, the members 79 shall be appointed by agreement among the municipalities. 80 2. The planning director of the municipality or the 81 planning director of each of the municipalities that created the 82 land bank as nonvoting, ex officio members. 83 3. Such other nonvoting members as appointed by the mayor 84 of the municipality or as mutually agreed upon by the 85 municipality or municipalities that created the land bank. 86 (b) Each voting member must be a resident of the 87 municipality or municipalities that created the land bank. 88 (c) The voting members shall represent, to the greatest 89 extent possible, the racial and ethnic diversity of the 90 municipality or municipalities that created the land bank. 91 (d) The seven voting members of the board must include: 92 1. At least one member representing realtors. 93 2. At least one member representing the banking industry. 94 3. At least one member representing real estate developers. 95 4. At least one member representing a chamber of commerce. 96 5. At least one member representing a nonprofit corporation 97 involved in affordable housing. 98 6. At least one member representing owners of multiple 99 residential or commercial properties. 100 (4)(a) The members of the board shall select annually from 101 among themselves a chair, a vice chair, a treasurer, and such 102 other officers as the board may determine. 103 (b) A vacancy on the board shall be filled in the same 104 manner as the original appointment. 105 (c) Board members shall serve without compensation. 106 (d) The board must meet regularly according to a schedule 107 adopted by the board, at the call of the chair, or upon written 108 notice signed by a majority of the voting members. The presence 109 of a majority of the voting members of the board constitutes a 110 quorum. 111 (e) Except as otherwise specifically stated in this 112 section, actions of the board shall be approved by a majority 113 vote of the board present to vote when the action is taken. 114 (f) Members of a board are liable personally on the bonds 115 or other obligations of the land bank, and the rights of 116 creditors shall be solely against such land bank. 117 (5) The board must adopt policies and procedures to specify 118 the conditions that must be met for the land bank to make an 119 automatically accepted bid as authorized in subsection (16). The 120 adoption of the policies and procedures requires approval of 121 two-thirds of the voting members of the board. At a minimum, the 122 policies and procedures must ensure that an automatically 123 accepted bid is only made for one of the following reasons: 124 (a) The real property substantially meets more than one of 125 the following criteria: 126 1. The property is not occupied by the owner or any lessee 127 or licensee of the owner; 128 2. There are no utilities currently being provided to the 129 property; 130 3. Any buildings on the property have been deemed unfit for 131 human habitation, occupancy, or use by local housing officials; 132 4. Any buildings on the property are exposed to the 133 elements such that deterioration of the building is occurring; 134 5. Any buildings on the property are boarded up; 135 6. There have been no previous efforts to rehabilitate any 136 buildings on the property; 137 7. There is a presence of vermin, uncut vegetation, or 138 debris accumulation on the property; 139 8. There have been past actions by the municipality to 140 maintain the grounds or any buildings on the property; or 141 9. The property has been out of compliance with orders of 142 local housing officials; 143 (b) The real property is contiguous to a parcel that meets 144 more than one of the criteria in paragraph (a) or a parcel that 145 is already owned by the land bank; or 146 (c) Acquisition of the real property by the land bank would 147 serve the best interests of the community. In determining 148 whether the acquisition would serve the best interests of the 149 community, the board must consider the hierarchical ranking of 150 priorities for the use of real property conveyed by a land bank 151 established pursuant to subsection (9), if any such hierarchical 152 ranking is established. 153 (6)(a) A land bank may employ such agents and employees, 154 permanent or temporary, as it may require, and may determine the 155 qualifications and fix the compensation and benefits of those 156 persons. 157 (b) A land bank may: 158 1. Adopt, amend, and repeal bylaws for the regulation of 159 its affairs and the conduct of its business. 160 2. Sue and be sued in its own name. 161 3. Borrow money from the municipality or municipalities 162 that created it, from any other municipality, from the state, 163 from the federal government, or from other public or private 164 sources as may be necessary for its operation and work. 165 4. Issue negotiable revenue bonds and notes. 166 5. Procure insurance or guarantees from the state or the 167 federal government of the payments of any debts or parts thereof 168 incurred by it and to pay premiums in connection therewith. 169 6. Enter into contracts and other instruments necessary, 170 incidental, or convenient to the performance of its duties and 171 the exercise of its powers. 172 7. Enter into contracts and other instruments necessary, 173 incidental, or convenient to the performance of its functions on 174 behalf of municipalities or agencies or departments of 175 municipalities or the performance by municipalities or agencies 176 or departments of municipalities of functions on its behalf. 177 8. Make and execute contracts and other instruments 178 necessary or convenient to the exercise of its powers. 179 9. Provide foreclosure prevention counseling and rehousing 180 assistance. 181 10. Procure insurance against losses in connection with its 182 real property, assets, or activities. 183 11. Invest its money, at the discretion of the board, in 184 instruments, obligations, securities, or property determined 185 proper by the board and name and use depositories for its money. 186 12. Enter into contracts for the management of, the 187 collection of rent from, or the sale of its real property. 188 13. Design, develop, construct, demolish, reconstruct, 189 rehabilitate, renovate, relocate, and otherwise improve its real 190 property or rights or interests in its real property. 191 14. Fix, charge, and collect fees and charges for the 192 provision of its services. 193 15. Fix, charge, and collect rents and leasehold payments 194 for the use of its real property for a period not to exceed 12 195 months, except that such 12-month limitation does not apply if 196 the real property of the land bank is subject to a lease with a 197 remaining term of more than 12 months at the time the land bank 198 acquires the real property. 199 16. Grant or acquire a license, easement, lease, as lessor 200 or lessee, or any option with respect to its real property. 201 17. Enter into partnerships, joint ventures, and other 202 collaborative relationships with municipalities and other public 203 and private entities for the ownership, management, development, 204 and disposition of its real property. 205 18. Do all other things necessary to achieve its objectives 206 and purposes. 207 (c) A land bank does not possess and may not exercise the 208 power of eminent domain. 209 (7)(a) A land bank may acquire real property or interests 210 in real property by gift, devise, transfer, exchange, 211 foreclosure, purchase, or otherwise on terms and conditions and 212 in a manner the land bank considers proper. 213 (b) A land bank may acquire real property or interests in 214 real property by purchase contracts, lease-purchase agreements, 215 installment sales contracts, or land contracts and may accept 216 transfers from political subdivisions upon such terms and 217 conditions as agreed to by the land bank and the political 218 subdivision. Notwithstanding any other law to the contrary, a 219 political subdivision may transfer to the land bank real 220 property and interests in real property of the political 221 subdivision on such terms and conditions and according to such 222 procedures as determined by the political subdivision and in 223 accordance with law. 224 (c) A land bank must maintain its real property in 225 accordance with the laws and ordinances of the jurisdiction in 226 which the real property is located. 227 (d) A land bank may not own or hold real property located 228 outside the jurisdictional boundaries of the municipality or 229 municipalities that created the land bank. For purposes of this 230 paragraph, jurisdictional boundaries of a municipality do not 231 include the extraterritorial zoning jurisdiction of a 232 municipality. 233 (e) A land bank may not hold legal title at any one time to 234 more than 7 percent of the total number of parcels of real 235 property located in the municipality or municipalities that 236 created the land bank. 237 (f) The real property of a land bank and the land bank’s 238 income and operations are exempt from taxation by the state or 239 any political subdivision. 240 (8)(a) A land bank shall hold in its own name all real 241 property acquired by the land bank irrespective of the identity 242 of the transferor of the real property. 243 (b) A land bank shall maintain and make available for 244 public review and inspection an inventory of all real property 245 held by the land bank. 246 (c) A land bank shall set forth in its policies and 247 procedures the general terms and conditions it will use when 248 considering the transfer of real property and interests in real 249 property. The land bank may consider monetary payments and 250 secured financial obligations, covenants and conditions related 251 to the present and future use of the real property, contractual 252 commitments of the transferee, and such other forms of 253 consideration as determined by the board to be in the best 254 interest of the land bank. 255 (d) A land bank may convey, exchange, sell, transfer, 256 grant, or release any interest related to the real property of 257 the land bank. A land bank may lease as lessor real property of 258 the land bank for a period not to exceed 12 months, except that 259 such 12-month limitation does not apply if the real property of 260 the land bank is subject to a lease with a remaining term of 261 more than 12 months at the time the land bank acquires the real 262 property. 263 (9)(a) The municipality or municipalities that created the 264 land bank may establish by resolution or ordinance a 265 hierarchical ranking of priorities for the use of real property 266 conveyed by a land bank. The ranking must take into 267 consideration the highest and best use of the real property and 268 that will bring the greatest benefit to the community. The 269 priorities may include: 270 1. Use for purely public spaces and places. 271 2. Use for affordable housing. 272 3. Use for retail, commercial, and industrial activities. 273 4. Such other uses and in such hierarchical order as 274 determined by the municipality or municipalities that created 275 the land bank. 276 (b) The municipality or municipalities that created the 277 land bank may require by resolution or ordinance that any 278 disposition of real property, or any disposition of real 279 property located within specified jurisdictions, be subject to 280 specified voting and approval requirements of the board. Except 281 and unless restricted or constrained in this manner, the board 282 may delegate to officers and employees the authority to enter 283 into and execute agreements, instruments of conveyance, and all 284 other related documents pertaining to the conveyance of real 285 property by the land bank. 286 (10)(a) A land bank may receive funding through grants or 287 loans from the municipality or municipalities that created the 288 land bank, from any other municipality, from the state, from the 289 federal government, or from other public or private sources. 290 (b) A land bank may receive and retain payments for 291 services rendered, for rents and leasehold payments received, 292 for consideration for disposition of real and personal property, 293 for proceeds of insurance coverage for losses incurred, for 294 income from investments, and for any other asset and lawful 295 activity. 296 (11)(a) A land bank may issue bonds for any corporate 297 purpose, the principal and interest of which are payable from 298 its revenue generally. Bonds shall be secured by a pledge of any 299 revenue of the land bank or by a mortgage of any property of the 300 land bank. 301 (b) Bonds issued by a land bank are deemed to have all of 302 the qualities of negotiable instruments under the Uniform 303 Commercial Code. 304 (c) Bonds of a land bank and the income therefrom are 305 exempt from all taxes imposed by the state or any political 306 subdivision. 307 (d) Bonds issued by the land bank must be authorized by 308 resolution of the board and shall be limited to obligations of 309 the land bank. The principal and interest, costs of issuance, 310 and other costs incidental thereto are payable solely from the 311 income and revenue derived from the sale, lease, or other 312 disposition of the assets of the land bank. Any refunding bonds 313 issued are payable from any source described in this paragraph 314 or from the investment of any of the proceeds of the refunding 315 bonds, and do not constitute an indebtedness or pledge of the 316 general credit of any municipality within the meaning of any 317 constitutional or statutory limitation of indebtedness and must 318 contain a recital to that effect. Bonds of the land bank shall 319 be issued in such form, shall be in such denominations, shall 320 bear such interest, shall mature in such manner, and shall be 321 executed by one or more members of the board as provided in the 322 resolution authorizing the issuance of the bonds. The bonds may 323 be subject to redemption at the option of and in the manner 324 determined by the board in the resolution authorizing the 325 issuance of those bonds. 326 (e) Bonds issued by the land bank shall be issued, sold, 327 and delivered in accordance with the terms and provisions of a 328 resolution adopted by the board. The board may sell such bonds 329 in such manner, either at public or private sale, and for such 330 price as it may determine to be in the best interests of the 331 land bank. The resolution issuing bonds shall be published in a 332 newspaper of general circulation within the municipality or 333 municipalities that created the land bank. 334 (f) Neither the members of the board nor any person 335 executing the bonds are liable personally on any such bonds by 336 reason of the issuance thereof. The bonds or other obligations 337 of a land bank are not a debt of any municipality or 338 municipalities that created the land bank and must state such on 339 their face, and the revenue and the property of the municipality 340 or municipalities may not be used to pay off any debt of the 341 land bank. 342 (12)(a) The board shall cause minutes and a record to be 343 kept of all its proceedings. Meetings of the board are subject 344 to the applicable provisions of chapter 286, Florida Statutes. 345 (b) All of a land bank’s records and documents are 346 considered public records. 347 (c) The board shall provide monthly reports to the 348 municipality or municipalities that created the land bank. The 349 board shall also provide an annual report to the municipality or 350 municipalities that created the land bank and to the relevant 351 substantive committees of the Legislature by December 31 of each 352 year summarizing the board’s activities for the year. The report 353 submitted to the substantive committees must be submitted 354 electronically. 355 (13) A land bank may be dissolved 60 calendar days after a 356 resolution of dissolution is approved by two-thirds of the 357 voting members of the board and by two-thirds of the membership 358 of the governing body of the municipality or municipalities that 359 created the land bank. The board must provide 60 calendar days’ 360 advance written notice of its consideration of a resolution of 361 dissolution by publishing such notice in a newspaper of general 362 circulation within the municipality or municipalities that 363 created the land bank and must send such notice by certified 364 mail to the trustee of any outstanding bonds of the land bank. 365 Upon dissolution of the land bank, all real property, personal 366 property, and other assets of the land bank shall become the 367 assets of the municipality or municipalities that created the 368 land bank. 369 (14)(a) A member of the board or an employee of a land bank 370 may not acquire any interest, direct or indirect, in real 371 property of the land bank or in any real property to be acquired 372 by or from the land bank. A member of the board or an employee 373 of a land bank may not have any interest, direct or indirect, in 374 any contract or proposed contract for materials or services to 375 be furnished or used by a land bank. 376 (b) The board shall adopt: 377 1. Rules addressing potential conflicts of interest. 378 2. Ethical guidelines for members of the board and 379 employees of the land bank. 380 (15)(a) If a land bank acquires real property that is 381 encumbered by a lien or claim for real property taxes owed to 382 one or more political subdivisions, the land bank may, by 383 resolution of the board, discharge and extinguish such liens or 384 claims, except that a lien or claim represented by a tax sale 385 certificate held by a private third party may not be discharged 386 or extinguished under this paragraph. 387 (b) If a land bank receives payments of any kind 388 attributable to liens or claims for real property taxes owed to 389 one or more political subdivisions on property acquired by the 390 land bank, the land bank must remit the full amount of the 391 payments to the county that levied the taxes for distribution to 392 the appropriate taxing entity. 393 (16)(a) At any sale of real property for the nonpayment of 394 taxes conducted under chapter 197, Florida Statutes, a land bank 395 may: 396 1. Bid on the real property in an amount equal to the total 397 amount of taxes, interest, and costs due on the real property. 398 If a bid is made pursuant to this subsection, the bid may not 399 receive any special treatment by the tax collector and must be 400 accepted or rejected in the same manner as any other bid on such 401 real property; or 402 2. Make an automatically accepted bid on any real property 403 that meets more than one of the criteria is subsection (5) in an 404 amount equal to the total amount of taxes, interest, and costs 405 due on the real property. If an automatically accepted bid is 406 made, it shall be accepted by the sheriff regardless of any 407 other bids on such real property. An automatically accepted bid 408 may be made only if the land bank has obtained written consent 409 to make an automatically accepted bid from the holder of a 410 mortgage or the beneficiary or trustee under a trust deed giving 411 rise to a lien against such real property. To obtain such 412 written consent, the land bank shall send, by certified mail, a 413 notice of its intent to make an automatically accepted bid to 414 any such holder of a mortgage or beneficiary or trustee under a 415 trust deed and shall request that written consent be provided 416 within 30 days. If no response is provided within 30 days, such 417 holder of a mortgage or beneficiary or trustee under a trust 418 deed shall be deemed to have provided written consent. 419 (b) If any real property is auctioned off as part of any 420 foreclosure proceedings and no bid is made at such sale equal to 421 the total amount of taxes, interest, and costs due thereon, and 422 the real property being sold lies within a municipality with a 423 land bank, the land bank shall be deemed to have bid the total 424 amount of taxes, interest, and costs due thereon and such bid 425 shall be accepted by the sheriff. The land bank may discharge 426 and extinguish the liens for delinquent taxes included in the 427 foreclosure proceedings and shall be entitled to a deed to the 428 real property. 429 (c) If a land bank’s bid in subparagraph (a)1. is accepted 430 by the tax collector, the land bank must pay the tax collector 431 and is entitled to a tax sale certificate for the real property. 432 (d) Within 6 months after the expiration of 3 years from 433 the date of sale of real property for the nonpayment of taxes 434 under chapter 197, Florida Statutes, a land bank that acquired a 435 tax sale certificate for such real property may: 436 1. Apply to the tax collector for execution of a tax deed 437 for the real property described in the tax sale certificate. A 438 land bank applying for execution of a tax deed must comply with 439 the applicable provisions of chapter 197, Florida Statutes; or 440 2. Foreclose the lien represented by the tax sale 441 certificate. 442 Section 2. This act shall take effect July 1, 2021.