Florida Senate - 2015                                     SB 762
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00494A-15                                           2015762__
    1                        A bill to be entitled                      
    2         An act relating to the sale or exchange of surplus
    3         lands; amending s. 373.089, F.S.; extending the
    4         timeframe within which a certified appraisal may be
    5         obtained for lands to be sold as surplus; revising the
    6         procedures a water management district must follow for
    7         publishing a notice of intention to sell surplus
    8         lands; providing that parcels no longer essential or
    9         necessary for conservation purposes and valued below a
   10         certain threshold may be sold directly to the highest
   11         bidder; authorizing districts to include restrictions
   12         on future use of land sold; reenacting ss.
   13         259.101(6)(a), 373.139(6), and 380.0677(9), F.S., to
   14         incorporate the amendments made by this act to s.
   15         373.089, F.S., in references thereto; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (1) and (3) of section 373.089,
   21  Florida Statutes, are amended, and subsection (8) is added to
   22  that section, to read:
   23         373.089 Sale or exchange of lands, or interests or rights
   24  in lands.—The governing board of the district may sell lands, or
   25  interests or rights in lands, to which the district has acquired
   26  title or to which it may hereafter acquire title in the
   27  following manner:
   28         (1) Any lands, or interests or rights in lands, determined
   29  by the governing board to be surplus may be sold by the
   30  district, at any time, for the highest price obtainable;
   31  however, in no case shall the selling price be less than the
   32  appraised value of the lands, or interests or rights in lands,
   33  as determined by a certified appraisal obtained within 360 120
   34  days before the sale.
   35         (3) Before selling any surplus land, or interests or rights
   36  in land, it shall be the duty of the district to cause a notice
   37  of intention to sell to be published in a newspaper published in
   38  the county in which the land, or interests or rights in the
   39  land, is situated once each week for 3 successive weeks. (three
   40  insertions being sufficient), The first publication of the
   41  required notice must occur at least which shall be not less than
   42  30 days, but not nor more than 360 45 days, before prior to any
   43  sale, and must include which notice shall set forth a
   44  description of lands, or interests or rights in lands, to be
   45  offered for sale.
   46         (8) Notwithstanding this section, if a parcel of land is no
   47  longer essential or necessary for conservation purposes and is
   48  valued at $25,000 or less as determined by a certified appraisal
   49  obtained within 360 days before any sale, the governing board
   50  may, after sending notice of its intention to sell the parcel to
   51  adjacent property owners by certified mail and publishing the
   52  required notice on its website, receive sealed offers for the
   53  parcel and sell the parcel directly to the highest bidder. The
   54  district may include a restriction on the future use of such
   55  parcel as a term and condition of the sale.
   56         Section 2. Paragraph (a) of subsection (6) of s. 259.101,
   57  subsection (6) of s. 373.139, and subsection (9) of s. 380.0677,
   58  Florida Statutes, are reenacted for the purpose of incorporating
   59  the amendments made by this act to s. 373.089, Florida Statutes,
   60  in references thereto.
   61         Section 3. This act shall take effect July 1, 2015.