Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 806
Ì114744,Î114744
LEGISLATIVE ACTION
Senate . House
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The Committee on Governmental Oversight and Accountability
(Baxley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 373.089, Florida Statutes, is amended to
6 read:
7 373.089 Sale or exchange of lands, or interests or rights
8 in lands.—The governing board of the district may sell lands, or
9 interests or rights in lands, to which the district has acquired
10 title or to which it may hereafter acquire title in the
11 following manner:
12 (1) Any lands, or interests or rights in lands, determined
13 by the governing board to be surplus may be sold by the
14 district, at any time, for the highest price obtainable using
15 any reasonable means, including, but not limited to, procuring
16 real estate services, open or exclusive listings, competitive
17 bidding, auctions, negotiated direct sales, or other related
18 services to facilitate the sale; however, in no case shall the
19 selling price may not be less than the appraised value of the
20 lands, or interests or rights in lands, as determined by a
21 certified appraisal obtained within 360 days before the
22 effective date of a contract for sale.
23 (2) All sales of land, or interests or rights in land, must
24 shall be for cash or upon terms and security to be approved by
25 the governing board, but a deed therefor may shall not be
26 executed and delivered until full payment is made.
27 (3) Before selling any surplus land, or interests or rights
28 in land, the district shall publish a notice of intention to
29 sell in a newspaper published in the county in which the land,
30 or interests or rights in the land, is situated once each week
31 for 3 successive weeks, three insertions being sufficient. The
32 first publication of the required notice must occur at least 30
33 days, but not more than 360 days, before any sale and must
34 include a description of lands, or interests or rights in lands,
35 to be offered for sale.
36 (4) The governing board of a district may exchange lands,
37 or interests or rights in lands, owned by, or lands, or
38 interests or rights in lands, for which title is otherwise
39 vested in, the district for other lands, or interests or rights
40 in lands, within the state owned by any person. The governing
41 board shall fix the terms and conditions of any such exchange
42 and may pay or receive any sum of money that the board considers
43 necessary to equalize the values of exchanged properties. Land,
44 or interests or rights in land, acquired under former s. 373.59,
45 Florida Statutes 2014, may be exchanged only for lands, or
46 interests or rights in lands, that otherwise meet the
47 requirements of that section for acquisition.
48 (5) In any county having a population of 75,000 or fewer,
49 or a county having a population of 100,000 or fewer that is
50 contiguous to a county having a population of 75,000 or fewer,
51 in which more than 50 percent of the lands within the county
52 boundary are federal lands and lands titled in the name of the
53 state, a state agency, a water management district, or a local
54 government, those lands titled in the name of a water management
55 district which are not essential or necessary to meet
56 conservation purposes may, upon request of a public or private
57 entity, be made available for purchase through the surplusing
58 process in this section. Priority consideration must be given to
59 buyers, public or private, who are willing to return the
60 property to productive use so long as the property can be
61 reentered onto the county ad valorem tax roll. Property acquired
62 with matching funds from a local government shall not be made
63 available for purchase without the consent of the local
64 government.
65 (6) Any lands the title to which is vested in the governing
66 board of a water management district may be surplused pursuant
67 to the procedures set forth in this section and s. 373.056 and
68 the following:
69 (a) For those lands designated as acquired for conservation
70 purposes, the governing board shall make a determination that
71 the lands are no longer needed for conservation purposes and may
72 dispose of them by a two-thirds vote.
73 (b) For all other lands, the governing board shall make a
74 determination that such lands are no longer needed and may
75 dispose of them by majority vote.
76 (c) For the purposes of this subsection, all lands for
77 which title has vested in the governing board prior to July 1,
78 1999, shall be deemed to have been acquired for conservation
79 purposes.
80 (d) For any lands acquired on or after July 1, 1999, for
81 which title is vested in the governing board, the governing
82 board shall determine which parcels shall be designated as
83 having been acquired for conservation purposes.
84 (7)(a) Notwithstanding other provisions of this section,
85 the governing board shall first offer title to lands acquired in
86 whole or in part with Florida Forever funds which are determined
87 to be no longer needed for conservation purposes to the Board of
88 Trustees of the Internal Improvement Trust Fund unless the
89 disposition of those lands is for the following purposes:
90 1.(a) Linear facilities, including electric transmission
91 and distribution facilities, telecommunication transmission and
92 distribution facilities, pipeline transmission and distribution
93 facilities, public transportation corridors, and related
94 appurtenances.
95 2.(b) The disposition of the fee interest in the land where
96 a conservation easement is retained by the district to fulfill
97 the conservation objectives for which the land was acquired.
98 3.(c) An exchange of the land for other lands that meet or
99 exceed the conservation objectives for which the original land
100 was acquired in accordance with subsection (4).
101 4.(d) To be used by a governmental entity for a public
102 purpose.
103 5.(e) The portion of an overall purchase deemed surplus at
104 the time of the acquisition.
105 (b) If the Board of Trustees of the Internal Improvement
106 Trust Fund declines to accept title to the lands offered under
107 this section, the land may be disposed of by the district under
108 the provisions of this section.
109 (8)(a) If a parcel of land is no longer essential or
110 necessary for conservation purposes and is valued at $25,000 or
111 less as determined by a certified appraisal, a broker’s price
112 opinion, or other valuation services obtained within 360 days
113 before the effective date of a contract for the sale, as
114 specified in subsection (1), the governing board may determine
115 that the parcel of land is surplus and may offer to sell it to
116 the adjacent property owners. If the governing board elects to
117 offer for sale the parcel to adjacent property owners pursuant
118 to this subsection, the governing board must publish the notice
119 of intention to sell must be published as required under
120 subsection (3), one time only and. the governing board must
121 shall send the notice of intention to sell the parcel to
122 adjacent property owners by certified mail and publish the
123 notice on its website. For the purpose of this subsection, the
124 term “adjacent property owners” means those owners whose
125 property abuts the parcel.
126 (b) Fourteen days after publication of such notice, the
127 district may sell the parcel to an adjacent property owner or,
128 if there are two or more owners of adjacent property, accept
129 sealed bids and sell the parcel to the highest bidder or reject
130 all offers.
131 (c) If the parcel is not sold to an adjacent property owner
132 pursuant to paragraph (b), the district may sell the parcel at
133 any time to the general public for the highest price obtainable
134 using any reasonable means, including, but not limited to,
135 procuring real estate services, open or exclusive listings,
136 competitive bidding, auctions, negotiated direct sales, or other
137 related services to facilitate the sale Thirty days after
138 publication of such notice, the district shall accept sealed
139 bids and may sell the parcel to the highest bidder or reject all
140 offers.
141
142 If the Board of Trustees of the Internal Improvement Trust Fund
143 declines to accept title to the lands offered under this
144 section, the land may be disposed of by the district under the
145 provisions of this section.
146 Section 2. This act shall take effect July 1, 2018.
147
148 ================= T I T L E A M E N D M E N T ================
149 And the title is amended as follows:
150 Delete everything before the enacting clause
151 and insert:
152 A bill to be entitled
153 An act relating to water management district
154 surplus lands; amending s. 373.089, F.S.; authorizing
155 the water management districts to use any reasonable
156 means to sell surplus property; specifying that
157 certain lands acquired with Florida Forever funds may
158 be disposed of if the Board of Trustees of the
159 Internal Improvement Trust Fund declines to accept
160 title; revising the process for selling certain lower
161 valued surplus lands; defining the term “adjacent
162 property owners”; authorizing districts to sell
163 parcels to the general public under certain
164 circumstances using any reasonable means to facilitate
165 the sale; providing an effective date.