Florida Senate - 2023                                     SB 678
       
       
        
       By Senator Powell
       
       
       
       
       
       24-00624-23                                            2023678__
    1                        A bill to be entitled                      
    2         An act relating to disposal of property; amending s.
    3         337.25, F.S.; providing that the use of property as
    4         affordable housing qualifies as use for a public
    5         purpose in the context of the authorization of the
    6         Department of Transportation to convey property
    7         without consideration to a governmental entity;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (b) of subsection (4) of section
   13  337.25, Florida Statutes, is amended to read:
   14         337.25 Acquisition, lease, and disposal of real and
   15  personal property.—
   16         (4) The department may convey, in the name of the state,
   17  any land, building, or other property, real or personal, which
   18  was acquired under subsection (1) and which the department has
   19  determined is not needed for the construction, operation, and
   20  maintenance of a transportation facility. When such a
   21  determination has been made, property may be disposed of through
   22  negotiations, sealed competitive bids, auctions, or any other
   23  means the department deems to be in its best interest, with due
   24  advertisement for property valued by the department at greater
   25  than $10,000. A sale may not occur at a price less than the
   26  department’s current estimate of value, except as provided in
   27  paragraphs (a)-(d). The department may afford a right of first
   28  refusal to the local government or other political subdivision
   29  in the jurisdiction in which the parcel is situated, except in a
   30  conveyance transacted under paragraph (a), paragraph (c), or
   31  paragraph (e). Notwithstanding any provision of this section to
   32  the contrary, before any conveyance under this subsection may be
   33  made, except a conveyance under paragraph (a) or paragraph (c),
   34  the department shall first afford a right of first refusal to
   35  the previous property owner for the department’s current
   36  estimate of value of the property. The right of first refusal
   37  must be made in writing and sent to the previous owner via
   38  certified mail or hand delivery, effective upon receipt. The
   39  right of first refusal must provide the previous owner with a
   40  minimum of 30 days to exercise the right in writing and must be
   41  sent to the originator of the offer by certified mail or hand
   42  delivery, effective upon dispatch. If the previous owner
   43  exercises his or her right of first refusal, the previous owner
   44  has a minimum of 90 days to close on the property. The right of
   45  first refusal set forth in this subsection may not be required
   46  for the disposal of property acquired more than 10 years before
   47  the date of disposition by the department.
   48         (b) If the property is to be used for a public purpose,
   49  including, but not limited to, affordable housing as provided in
   50  ss. 125.379 and 166.0451, the property may be conveyed without
   51  consideration to a governmental entity.
   52         Section 2. This act shall take effect July 1, 2023.