Senate Bill sb1930

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1930

    By Senator Geller





    31-901-03                                               See HB

  1                      A bill to be entitled

  2         An act relating to acquisition of public lands;

  3         amending s. 259.041, F.S.; decreasing the vote

  4         required for approval of acquisition of certain

  5         lands from five members to three members of the

  6         Board of Trustees of the Internal Improvement

  7         Trust Fund; reenacting s. 253.025(7)(e), F.S.,

  8         for the purpose of incorporating a reference;

  9         reenacting s. 259.02, F.S., for the purpose of

10         incorporating a reference; reenacting s.

11         259.032(8), F.S., for the purpose of

12         incorporating a reference; reenacting s.

13         260.016(3)(b), F.S., for the purpose of

14         incorporating a reference; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsection (15) of section 259.041, Florida

20  Statutes, is amended to read:

21         259.041  Acquisition of state-owned lands for

22  preservation, conservation, and recreation purposes.--

23         (15)  The board of trustees, by an affirmative vote of

24  three five members, may direct the department to purchase

25  lands on an immediate basis using up to 15 percent of the

26  funds allocated to the department pursuant to ss.

27  259.101(3)(a) and 259.105 for the acquisition of lands that:

28         (a)  Are listed or placed at auction by the Federal

29  Government as part of the Resolution Trust Corporation sale of

30  lands from failed savings and loan associations;

31  

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    Florida Senate - 2003                                  SB 1930
    31-901-03                                               See HB




 1         (b)  Are listed or placed at auction by the Federal

 2  Government as part of the Federal Deposit Insurance

 3  Corporation sale of lands from failed banks; or

 4         (c)  Will be developed or otherwise lost to potential

 5  public ownership, or for which federal matching funds will be

 6  lost, by the time the land can be purchased under the program

 7  within which the land is listed for acquisition.

 8  

 9  For such acquisitions, the board of trustees may waive or

10  modify all procedures required for land acquisition pursuant

11  to this chapter and all competitive bid procedures required

12  pursuant to chapters 255 and 287. Lands acquired pursuant to

13  this subsection must, at the time of purchase, be on one of

14  the acquisition lists established pursuant to this chapter, or

15  be essential for water resource development, protection, or

16  restoration, or a significant portion of the lands must

17  contain natural communities or plant or animal species which

18  are listed by the Florida Natural Areas Inventory as

19  critically imperiled, imperiled, or rare, or as excellent

20  quality occurrences of natural communities.

21         Section 2.  For the purpose of incorporating the

22  amendment to section 259.041, Florida Statutes, in a reference

23  thereto, paragraph (e) of subsection (7) of section 253.025,

24  Florida Statutes, is reenacted to read:

25         253.025  Acquisition of state lands for purposes other

26  than preservation, conservation, and recreation.--

27         (7)

28         (e)1.  The board of trustees shall adopt by rule the

29  method for determining the value of parcels sought to be

30  acquired by state agencies pursuant to this section. No offer

31  by a state agency, except an offer by an agency acquiring

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    Florida Senate - 2003                                  SB 1930
    31-901-03                                               See HB




 1  lands pursuant to s. 259.041, may exceed the value for that

 2  parcel as determined pursuant to the highest approved

 3  appraisal or the value determined pursuant to the rules of the

 4  board of trustees, whichever value is less.

 5         2.  In the case of a joint acquisition by a state

 6  agency and a local government or other entity apart from the

 7  state, the joint purchase price may not exceed 150 percent of

 8  the value for a parcel as determined in accordance with the

 9  limits prescribed in subparagraph 1. The state agency share of

10  a joint purchase offer may not exceed what the agency may

11  offer singly as prescribed by subparagraph 1.

12         3.  The provisions of this paragraph do not apply to

13  the acquisition of historically unique or significant property

14  as determined by the Division of Historical Resources of the

15  Department of State.

16         Section 3.  For the purpose of incorporating the

17  amendment to section 259.041, Florida Statutes, in a reference

18  thereto, section 259.02, Florida Statutes, is reenacted to

19  read:

20         259.02  Authority; full faith and credit

21  bonds.--Pursuant to the provisions of s. 11(a), Art. VII of

22  the State Constitution and s. 215.59, the issuance of state

23  bonds pledging the full faith and credit of the state in the

24  principal amount, including any refinancing, not to exceed

25  $200 million for state capital projects for environmentally

26  endangered lands and $40 million for state capital projects

27  for outdoor recreation lands is hereby authorized, subject to

28  the provisions of ss. 259.01-259.06.

29         Section 4.  For the purpose of incorporating the

30  amendment to section 259.041, Florida Statutes, in a reference

31  

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    Florida Senate - 2003                                  SB 1930
    31-901-03                                               See HB




 1  thereto, subsection (8) of section 259.032, Florida Statutes,

 2  is reenacted to read:

 3         259.032  Conservation and Recreation Lands Trust Fund;

 4  purpose.--

 5         (8)  Lands to be considered for purchase under this

 6  section are subject to the selection procedures of s. 259.035

 7  and related rules and shall be acquired in accordance with

 8  acquisition procedures for state lands provided for in s.

 9  259.041, except as otherwise provided by the Legislature. An

10  inholding or an addition to a project selected for purchase

11  pursuant to this chapter is not subject to the selection

12  procedures of s. 259.035 if the estimated value of such

13  inholding or addition does not exceed $500,000. When at least

14  90 percent of the acreage of a project has been purchased

15  pursuant to this chapter, the project may be removed from the

16  list and the remaining acreage may continue to be purchased.

17  Moneys from the fund may be used for title work, appraisal

18  fees, environmental audits, and survey costs related to

19  acquisition expenses for lands to be acquired, donated, or

20  exchanged which qualify under the categories of this section,

21  at the discretion of the board. When the Legislature has

22  authorized the Department of Environmental Protection to

23  condemn a specific parcel of land and such parcel has already

24  been approved for acquisition under this section, the land may

25  be acquired in accordance with the provisions of chapter 73 or

26  chapter 74, and the fund may be used to pay the condemnation

27  award and all costs, including a reasonable attorney's fee,

28  associated with condemnation.

29         Section 5.  For the purpose of incorporating the

30  amendment to section 259.041, Florida Statutes, in a reference

31  

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    Florida Senate - 2003                                  SB 1930
    31-901-03                                               See HB




 1  thereto, paragraph (b) of subsection (3) of section 260.016,

 2  Florida Statutes, is reenacted to read:

 3         260.016  General powers of the department.--

 4         (3)  The department or its designee is authorized to

 5  negotiate with potentially affected private landowners as to

 6  the terms under which such landowners would consent to the

 7  public use of their lands as part of the greenways and trails

 8  system. The department shall be authorized to agree to

 9  incentives for a private landowner who consents to this public

10  use of his or her lands for conservation or recreational

11  purposes, including, but not limited to, the following:

12         (b)  Agreement to exchange, subject to the approval of

13  the Board of Trustees of the Internal Improvement Trust Fund

14  or other applicable unit of government, ownership or other

15  rights of use of public lands for the ownership or other

16  rights of use of privately owned lands. Any exchange of

17  state-owned lands, title to which is vested in the Board of

18  Trustees of the Internal Improvement Trust Fund, for privately

19  owned lands shall be subject to the requirements of s.

20  259.041.

21         Section 6.  This act shall take effect upon becoming a

22  law.

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