HB 7093

1
A bill to be entitled
2An act relating to acquisition of state and state-owned
3lands; amending s. 253.025, F.S.; providing for appraisal
4process consistency; clarifying the appraisal requirement
5to require two appraisals when the estimated value of a
6parcel exceeds $500,000; requiring a second appraiser to
7be selected by the Department of Agriculture and Consumer
8Services; requiring a third appraiser to be selected by
9the Department of Financial Services under certain
10circumstances; requiring the review appraiser to be
11selected by the Department of Financial Services; limiting
12the amount paid by the state in joint acquisitions with a
13local government or other entity apart from the state;
14amending s. 259.041, F.S.; conforming appraisal
15requirements; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Paragraphs (a) and (c) of subsection (6) and
20paragraph (e) of subsection (7) of section 253.025, Florida
21Statutes, are amended to read:
22     253.025  Acquisition of state lands for purposes other than
23preservation, conservation, and recreation.--
24     (6)  Prior to negotiations with the parcel owner to
25purchase land pursuant to this section, title to which will vest
26in the board of trustees, an appraisal of the parcel shall be
27required as follows:
28     (a)  Each parcel to be acquired shall have at least one
29appraisal. Two appraisals are required when the estimated value
30of the parcel exceeds $500,000 $1 million. When two appraisals
31are required, one appraiser shall be selected by the Department
32of Agriculture and Consumer Services. When both appraisals
33exceed $500,000 and differ significantly, a third appraisal
34shall be obtained, with the Department of Financial Services
35selecting the third appraiser. Two appraisals shall be
36considered to differ significantly if the higher of the two
37values exceeds 120 percent of the lower value. When the
38estimated value of the parcel exceeds $500,000, the review
39appraiser shall be selected by the Department of Financial
40Services. To provide for payment by the agency selecting the
41second and third appraisers and review appraiser, as required by
42this section, the Department of Environmental Protection shall
43enter into interagency agreements with the Department of
44Agriculture and Consumer Services and the Department of
45Financial Services, whereby funds will be transferred to those
46agencies for that purpose upon direction of the selecting
47agency. When a parcel is estimated to be worth $100,000 or less
48and the director of the Division of State Lands finds that the
49cost of an outside appraisal is not justified, an appraisal
50prepared by the division may be used a comparable sales analysis
51or other reasonably prudent procedures may be used by the
52division to estimate the value of the parcel, provided the
53public's interest is reasonably protected. The state is not
54required to appraise the value of lands and appurtenances that
55are being donated to the state.
56     (c)  The board of trustees shall adopt by rule the minimum
57criteria, techniques, and methods to be used in the preparation
58of appraisal reports. Such rules shall incorporate, to the
59extent practicable, generally accepted appraisal standards. Any
60appraisal issued for acquisition of lands pursuant to this
61section must comply with the rules adopted by the board of
62trustees. A certified survey must be made which meets the
63minimum requirements for upland parcels established in the
64Minimum Technical Standards for Land Surveying in Florida
65published by the Department of Business and Professional
66Regulation and which accurately portrays, to the greatest extent
67practicable, the condition of the parcel as it currently exists.
68The requirement for a certified survey may, in part or in whole,
69be waived by the board of trustees any time prior to submitting
70the agreement for purchase to the Division of State Lands. When
71an existing boundary map and description of a parcel are
72determined by the division to be sufficient for appraisal
73purposes, the division director may temporarily waive the
74requirement for a survey until any time prior to conveyance of
75title to the parcel. The fee appraiser and the review appraiser
76for the agency shall not act in any way that may be construed as
77negotiating with the property owner.
78     (7)
79     (e)1.  The board of trustees shall adopt by rule the method
80for determining the value of parcels sought to be acquired by
81state agencies pursuant to this section. No offer by a state
82agency, except an offer by an agency acquiring lands pursuant to
83s. 259.041, may exceed the value for that parcel as determined
84pursuant to the highest approved appraisal or the value
85determined pursuant to the rules of the board of trustees,
86whichever value is less.
87     2.  In the case of a joint acquisition by a state agency
88and a local government or other entity apart from the state, the
89joint purchase price may not exceed 150 percent of the value for
90a parcel as determined in accordance with the limits prescribed
91in subparagraph 1. The state agency share of a joint purchase
92offer shall may not exceed the difference between the appraised
93value, as determined by the state, and the sum of the
94contributions of the other parties what the agency may offer
95singly as prescribed by subparagraph 1.
96     3.  The provisions of this paragraph do not apply to the
97acquisition of historically unique or significant property as
98determined by the Division of Historical Resources of the
99Department of State.
100     Section 2.  Subsections (1) and (3) and paragraphs (b) and
101(d) of subsection (7) of section 259.041, Florida Statutes, are
102amended, and paragraph (e) is added to subsection (2) of that
103section, to read:
104     259.041  Acquisition of state-owned lands for preservation,
105conservation, and recreation purposes.--
106     (1)  Neither the Board of Trustees of the Internal
107Improvement Trust Fund nor its duly authorized agent shall
108commit the state, through any instrument of negotiated contract
109or agreement for purchase, to the purchase of lands with or
110without appurtenances unless the provisions of this section have
111been fully complied with. Except for the requirements of
112subsections (3), (7), (14), and (15), the board of trustees may
113waive any requirements of this section, may waive any rules
114adopted pursuant to this section, notwithstanding chapter 120,
115or may substitute other reasonably prudent procedures, provided
116the public's interest is reasonably protected. The title to
117lands acquired pursuant to this section shall vest in the board
118of trustees as provided in s. 253.03(1), unless otherwise
119provided by law, and all such titled lands shall be administered
120pursuant to the provisions of s. 253.03.
121     (2)  The board of trustees has authority to adopt rules
122pursuant to ss. 120.536(1) and 120.54 to implement the
123provisions of this section, including rules governing the terms
124and conditions of land purchases. Such rules shall address with
125specificity, but not be limited to:
126     (e)  Special requirements when multiple purchasers are
127involved in an acquisition.
128     (3)  No agreement to acquire real property for the purposes
129described in this chapter, chapter 260, or chapter 375, title to
130which will vest in the board of trustees, may bind the state
131unless and until the agreement has been reviewed and approved by
132the Department of Environmental Protection as complying with the
133requirements of this section and any rules adopted pursuant to
134this section. When the state is a party to a joint acquisition
135in which another entity is contributing to the agreed contract
136price, the state contribution shall not exceed the difference
137between the appraised value, as determined by the state, and the
138sum of the contributions of the other parties. Where any of the
139following conditions exist, the agreement shall be submitted to
140and approved by the board of trustees:
141     (a)  The purchase price agreed to by the seller exceeds the
142value as established pursuant to the rules of the board of
143trustees;
144     (b)  The contract price agreed to by the seller and
145acquiring agency exceeds $1 million;
146     (c)  The acquisition is the initial purchase in a project;
147or
148     (d)  Other conditions that the board of trustees may adopt
149by rule. Such conditions may include, but not be limited to,
150projects where title to the property being acquired is
151considered nonmarketable or is encumbered in such a way as to
152significantly affect its management.
153
154Where approval of the board of trustees is required pursuant to
155this subsection, the acquiring agency must provide a
156justification as to why it is in the public's interest to
157acquire the parcel or project. Approval of the board of trustees
158also is required for projects the department recommends
159acquiring pursuant to subsections (14) and (15). Review and
160approval of agreements for acquisitions for Florida Greenways
161and Trails Program properties pursuant to chapter 260 may be
162waived by the department in any contract with nonprofit
163corporations that have agreed to assist the department with this
164program.
165     (7)  Prior to approval by the board of trustees or, when
166applicable, the Department of Environmental Protection, of any
167agreement to purchase land pursuant to this chapter, chapter
168260, or chapter 375, and prior to negotiations with the parcel
169owner to purchase any other land, title to which will vest in
170the board of trustees, an appraisal of the parcel shall be
171required as follows:
172     (b)  Each parcel to be acquired shall have at least one
173appraisal. Two appraisals are required when the estimated value
174of the parcel exceeds $500,000. When two appraisals are
175required, one appraiser shall be selected by the Department of
176Agriculture and Consumer Services. However, When both appraisals
177exceed $500,000 and differ significantly, a third appraisal
178shall may be obtained, with the Department of Financial Services
179selecting the third appraiser. Two appraisals shall be
180considered to differ significantly if the higher of the two
181values exceeds 120 percent of the lower value. When the
182estimated value of the parcel exceeds $500,000, the review
183appraiser shall be selected by the Department of Financial
184Services. To provide for payment by the agency selecting the
185second and third appraisers and review appraiser, as required by
186this section, the Department of Environmental Protection shall
187enter into interagency agreements with the Department of
188Agriculture and Consumer Services and the Department of
189Financial Services, whereby funds will be transferred to those
190agencies for that purpose upon direction of the selecting
191agency. When a parcel is estimated to be worth $100,000 or less
192and the director of the Division of State Lands finds that the
193cost of obtaining an outside appraisal is not justified, an
194appraisal prepared by the division may be used. The state is not
195required to appraise the value of lands and appurtenances that
196are being donated to the state.
197     (d)  The fee appraiser and the review appraiser for the
198agency shall not act in any way that may be construed as
199negotiating with the property owner.
200
201Notwithstanding the provisions of this subsection, on behalf of
202the board and before the appraisal of parcels approved for
203purchase under this chapter, the Secretary of Environmental
204Protection or the director of the Division of State Lands may
205enter into option contracts to buy such parcels. Any such option
206contract shall state that the final purchase price is subject to
207approval by the board or, when applicable, the secretary and
208that the final purchase price may not exceed the maximum offer
209allowed by law. The consideration for such an option may not
210exceed $1,000 or 0.01 percent of the estimate by the department
211of the value of the parcel, whichever amount is greater.
212     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.