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.