Florida Senate - 2009                                    SB 2388
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01228-09                                            20092388__
    1                        A bill to be entitled                      
    2         An act relating to surplus lands available for
    3         affordable housing; transferring, renumbering, and
    4         amending ss. 125.379 and 166.0451, F.S.; providing
    5         that a county or municipality failing to complete and
    6         update the inventory of all real property held by the
    7         county or municipality which is appropriate for
    8         affordable housing is ineligible to receive any state
    9         funding for affordable housing; providing that
   10         determining when the inventory is updated or complete
   11         is a ministerial act; amending s. 253.034, F.S.;
   12         requiring that a manager of conservation lands report
   13         to the Board of Trustees of the Internal Improvement
   14         Trust Fund at least every 5 years those lands that are
   15         not being used for the purpose for which they were
   16         originally leased; requiring that the Division of
   17         State Lands annually submit to the President of the
   18         Senate and the Speaker of the House of Representatives
   19         a copy of the state inventory identifying all
   20         nonconservation lands; requiring that the division
   21         publish a copy of the annual inventory on its website
   22         and notify by electronic mail the executive head of
   23         the governing body of each local government having
   24         lands in the inventory within its jurisdiction;
   25         amending s. 253.0341, F.S.; conforming cross
   26         references to changes made by the act; creating s.
   27         1011.775, F.S.; requiring that each district school
   28         board prepare an inventory list at specified intervals
   29         of all real property within its jurisdiction which is
   30         not included in the 5-year district facilities work
   31         plan; requiring that the district school board adopt a
   32         resolution including the inventory list; providing
   33         acceptable uses for properties identified as
   34         appropriate for use as affordable housing on the
   35         inventory list; providing that a district school board
   36         that fails to complete an inventory list is ineligible
   37         to receive funding under the Merit Award Program;
   38         amending s. 1012.225, F.S.; requiring each district
   39         school board to certify to the Commissioner of
   40         Education its completion of a list of surplus real
   41         property; providing that the determination of
   42         completion of a district school board inventory by the
   43         Commissioner of Education is a ministerial act;
   44         providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 125.379, Florida Statutes, is
   49  transferred, renumbered as section 163.32431, Florida Statutes,
   50  and amended to read:
   51         163.32431 125.379 Disposition of county property for
   52  affordable housing.—
   53         (1) By July 1, 2007, and every 3 years thereafter, each
   54  county shall prepare an inventory list of all real property
   55  within its jurisdiction to which the county holds fee simple
   56  title that is appropriate for use as affordable housing. The
   57  inventory list must include the address and legal description of
   58  each such real property and specify whether the property is
   59  vacant or improved. The governing body of the county must review
   60  the inventory list at a public hearing and may revise it at the
   61  conclusion of the public hearing. The governing body of the
   62  county shall adopt a resolution that includes an inventory list
   63  of such property following the public hearing.
   64         (2) The properties identified as appropriate for use as
   65  affordable housing on the inventory list adopted by the county
   66  may be offered for sale and the proceeds used to purchase land
   67  for the development of affordable housing or to increase the
   68  local government fund earmarked for affordable housing, or may
   69  be sold with a restriction that requires the development of the
   70  property as permanent affordable housing, or may be donated to a
   71  nonprofit housing organization for the construction of permanent
   72  affordable housing. Alternatively, the county may otherwise make
   73  the property available for use for the production and
   74  preservation of permanent affordable housing. For purposes of
   75  this section, the term “affordable” has the same meaning as in
   76  s. 420.0004(3).
   77         (3)A county that fails to complete and update the
   78  inventory in accordance with the provisions of this section is
   79  ineligible to receive any state funding for affordable housing
   80  until the inventory or update is completed. The determination by
   81  an agency or entity that the inventory or update has been
   82  completed in order to release state funds for affordable housing
   83  is a ministerial act.
   84         Section 2. Section 166.0451, Florida Statutes, is
   85  transferred, renumbered as section 163.32432, Florida Statutes,
   86  and amended to read:
   87         163.32432 166.0451 Disposition of municipal property for
   88  affordable housing.—
   89         (1) By July 1, 2007, and every 3 years thereafter, each
   90  municipality shall prepare an inventory list of all real
   91  property within its jurisdiction to which the municipality holds
   92  fee simple title that is appropriate for use as affordable
   93  housing. The inventory list must include the address and legal
   94  description of each such property and specify whether the
   95  property is vacant or improved. The governing body of the
   96  municipality must review the inventory list at a public hearing
   97  and may revise it at the conclusion of the public hearing.
   98  Following the public hearing, the governing body of the
   99  municipality shall adopt a resolution that includes an inventory
  100  list of such property.
  101         (2) The properties identified as appropriate for use as
  102  affordable housing on the inventory list adopted by the
  103  municipality may be offered for sale and the proceeds may be
  104  used to purchase land for the development of affordable housing
  105  or to increase the local government fund earmarked for
  106  affordable housing, or may be sold with a restriction that
  107  requires the development of the property as permanent affordable
  108  housing, or may be donated to a nonprofit housing organization
  109  for the construction of permanent affordable housing.
  110  Alternatively, the municipality may otherwise make the property
  111  available for use for the production and preservation of
  112  permanent affordable housing. For purposes of this section, the
  113  term “affordable” has the same meaning as in s. 420.0004(3).
  114         (3)A municipality that fails to complete and update the
  115  inventory in accordance with the provisions of this section is
  116  ineligible to receive any state funding for affordable housing
  117  until the inventory or update is completed. The determination by
  118  an agency or entity that the inventory or update has been
  119  completed in order to release state funds for affordable housing
  120  is a ministerial act.
  121         Section 3. Paragraph (c) of subsection (6) of section
  122  253.034, Florida Statutes, is amended, and paragraph (e) is
  123  added to subsection (8) of that section, to read:
  124         253.034 State-owned lands; uses.—
  125         (6) The Board of Trustees of the Internal Improvement Trust
  126  Fund shall determine which lands, the title to which is vested
  127  in the board, may be surplused. For conservation lands, the
  128  board shall make a determination that the lands are no longer
  129  needed for conservation purposes and may dispose of them by an
  130  affirmative vote of at least three members. In the case of a
  131  land exchange involving the disposition of conservation lands,
  132  the board must determine by an affirmative vote of at least
  133  three members that the exchange will result in a net positive
  134  conservation benefit. For all other lands, the board shall make
  135  a determination that the lands are no longer needed and may
  136  dispose of them by an affirmative vote of at least three
  137  members.
  138         (c) At least every 5 10 years, as a component of each land
  139  management plan or land use plan and in a form and manner
  140  prescribed by rule by the board, each manager shall evaluate and
  141  indicate to the board those lands that are not being used for
  142  the purpose for which they were originally leased. For
  143  conservation lands, the council shall review and shall recommend
  144  to the board whether such lands should be retained in public
  145  ownership or disposed of by the board. For nonconservation
  146  lands, the division shall review such lands and shall recommend
  147  to the board whether such lands should be retained in public
  148  ownership or disposed of by the board.
  149         (8)
  150         (e)Beginning December 1, 2009, the Division of State Lands
  151  shall annually submit to the President of the Senate and the
  152  Speaker of the House of Representatives a copy of the state
  153  inventory that identifies all nonconservation lands, including
  154  lands that meet the surplus requirements of subsection (6) and
  155  lands purchased by the state, a state agency, or a water
  156  management district which are not essential or necessary for
  157  conservation purposes. The division shall also publish a copy of
  158  the annual inventory on its website and notify by electronic
  159  mail the executive head of the governing body of each local
  160  government that has lands in the inventory within its
  161  jurisdiction.
  162         Section 4. Subsection (3) of section 253.0341, Florida
  163  Statutes, is amended to read:
  164         253.0341 Surplus of state-owned lands to counties or local
  165  governments.—Counties and local governments may submit
  166  surplusing requests for state-owned lands directly to the board
  167  of trustees. County or local government requests for the state
  168  to surplus conservation or nonconservation lands, whether for
  169  purchase or exchange, shall be expedited throughout the
  170  surplusing process. Property jointly acquired by the state and
  171  other entities shall not be surplused without the consent of all
  172  joint owners.
  173         (3) A local government may request that state lands be
  174  specifically declared surplus lands for the purpose of providing
  175  alternative water supply and water resource development projects
  176  as defined in s. 373.019, public facilities such as schools,
  177  fire and police facilities, and affordable housing. The request
  178  shall comply with the requirements of subsection (1) if the
  179  lands are nonconservation lands or subsection (2) if the lands
  180  are conservation lands. Surplus lands that are conveyed to a
  181  local government for affordable housing shall be disposed of by
  182  the local government under the provisions of s. 163.32431 s.
  183  125.379 or s. 163.32432 s. 166.0451.
  184         Section 5. Section 1011.775, Florida Statutes, is created
  185  to read:
  186         1011.775Disposition of district school board property for
  187  affordable housing.—
  188         (1)By July 1, 2010, and by July 1 of every third year
  189  thereafter, each district school board shall prepare an
  190  inventory list of all real property within its jurisdiction to
  191  which the district holds fee simple title and which is not
  192  included in the 5-year district facilities work plan. The
  193  inventory list must include the address and legal description of
  194  each such property and specify whether the property is vacant or
  195  improved. The district school board must review the inventory
  196  list at a public meeting and determine if any property is
  197  surplus property and appropriate for affordable housing. For
  198  real property that is not included in the 5-year district
  199  facilities work plan and that is not determined appropriate to
  200  be surplus property appropriate for affordable housing, the
  201  board shall state in the inventory list the public purpose for
  202  which the board intends to use the property. The board may
  203  revise the list at the conclusion of the public meeting.
  204  Following the public meeting, the district school board shall
  205  adopt a resolution that includes the inventory list.
  206         (2)Notwithstanding the provisions of ss. 1013.28 and
  207  1002.33(18)(e), the properties identified as appropriate for use
  208  as affordable housing on the inventory list adopted by the
  209  district school board may be offered for sale and the proceeds
  210  may be used to purchase land for the development of affordable
  211  housing or to increase the local government fund earmarked for
  212  affordable housing, may be sold with a restriction that requires
  213  the development of the property as permanent affordable housing,
  214  or may be donated to a nonprofit housing organization for the
  215  construction of permanent affordable housing. Alternatively, the
  216  district school board may otherwise make the property available
  217  for use for the production and preservation of permanent
  218  affordable housing. For purposes of this section, the term
  219  “affordable” has the same meaning as in s. 420.0004.
  220         (3)A district school board that fails to complete an
  221  inventory list in accordance with the provisions of this section
  222  is ineligible to receive funding under the Merit Award Program
  223  pursuant to s. 1012.225(5)(f) until completion of the inventory.
  224         Section 6. Subsection (5) of section 1012.225, Florida
  225  Statutes, to read:
  226         1012.225 Merit Award Program for Instructional Personnel
  227  and School-Based Administrators.—
  228         (5) REVIEW OF PERFORMANCE-BASED PAY PLANS; COMPLETION OF
  229  INVENTORY LIST.—
  230         (a) Each participating district school board must submit
  231  its Merit Award Program plan to the Commissioner of Education
  232  for review by October 1 of each year. The plan must include the
  233  negotiated, district-adopted plan or charter school adopted plan
  234  if the district does not submit a plan intended for use in the
  235  following year. The commissioner shall complete a review of each
  236  plan submitted and determine compliance with the requirements of
  237  this section by November 15 of each year. If a submitted plan
  238  fails to meet the requirements of this section, the commissioner
  239  must identify in writing the specific revisions that are
  240  required. Revised plans must be finalized and resubmitted by a
  241  school district, or by a charter school if the district does not
  242  submit a plan, for the commissioner's review by January 31 of
  243  each year. The commissioner shall certify those school district
  244  or charter school plans that do not comply with this section to
  245  the Governor, the President of the Senate, and the Speaker of
  246  the House of Representatives by February 15 of each year.
  247         (b) Any charter school that does not follow the school
  248  district's salary schedule may adopt its own performance-based
  249  plan in accordance with this section. Charter school proposals
  250  shall be included with the school district plans or may be
  251  submitted independently if the district does not submit a plan.
  252         (c) Each district school board shall establish a procedure
  253  to annually review both the assessment and compensation
  254  components of its plan in order to determine compliance with
  255  this section. After this review and by October 1 of each year,
  256  the district school board shall submit a report to the
  257  Commissioner of Education, along with supporting documentation
  258  that will enable the commissioner to verify the district's
  259  compliance with this section during the prior school year. The
  260  commissioner shall submit a report to the Governor, the
  261  President of the Senate, and the Speaker of the House of
  262  Representatives certifying those school district or charter
  263  school plans that do not comply with this section or whose plans
  264  were not implemented in accordance with this section by December
  265  1 of each year.
  266         (d) For purposes of the 2007-2008 school year, the plan
  267  submitted as required in paragraph (a) applies to the 2007-2008
  268  school year as well as the 2008-2009 school year. Thereafter,
  269  all plans submitted and approved within the timelines set forth
  270  in paragraph (a) apply to the following school year.
  271         (e) Districts that do not have an approved plan for the
  272  2008-2009 school year may submit a plan for the 2008-2009 school
  273  year by October 1, 2008.
  274         (f)By July 1, 2010, and by July 1 of every third year
  275  thereafter, each district school board shall certify to the
  276  Commissioner of Education that the district school board has
  277  completed and updated an inventory list in accordance with the
  278  provisions of s. 1011.775 in order to be eligible to receive
  279  funding for a Merit Award Program under this section. A district
  280  school board is ineligible to receive funds until completion of
  281  the inventory list. The determination by the Commissioner of
  282  Education that a district school board has not certified the
  283  completion of the inventory list is a ministerial act.
  284         Section 7. This act shall take effect July 1, 2009.