SB 496 — Growth Management

Florida Senate - 2021 CS for CS for SB 496 By the CommitteesCommittee on Judiciary;Community Affairs;

and CommunitySenator Affairs;Perry 578-02373-21 2021496c1 A bill to be entitled An act relating to growth management;

and Senator Perry 590-02867-21 2021496c2 A bill to be entitled An act relating to growth management;

337.25, F.S.;

requiring the Department of Transportation to afford a right of first refusal to certain individuals under specified circumstances;

providing requirements and procedures for the right of first refusal;

amending s.

2731 Be It Enacted by the Legislature of the State of Florida:

2933 Section 1. Subsection (3) of section 163.3167, Florida Statutes, is amended to read:

6468 The following rights shall be considered in local decisionmaking:

6771 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.

7175 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state law and local ordinances.

7680 3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.

8084 4. The right of a property owner to dispose of his or her property through sale or gift.

8387 2. Each local government must adopt a property rights element in its comprehensive plan by the earlier of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s.

Section 4. Paragraph4. Subsection (d) of subsection (4) of section 380.06,337.25, Florida Statutes, is amended to read:

337.25 Acquisition, lease, and disposal of real and personal property.— (4) The department may convey, in the name of the state, any land, building, or other property, real or personal, which was acquired under subsection (1) and which the department has determined is not needed for the construction, operation, and maintenance of a transportation facility.

When such a determination has been made, property may be disposed of through negotiations, sealed competitive bids, auctions, or any other means the department deems to be in its best interest, with due advertisement for property valued by the department at greater than $10,000.

A sale may not occur at a price less than the department’s current estimate of value, except as provided in paragraphs (a)-(d).

The department may afford a right of first refusal to the local government or other political subdivision in the jurisdiction in which the parcel is situated, except in a conveyance transacted under paragraph (a), paragraph (c), or paragraph (e).

Notwithstanding any provision of this section to the contrary, before any conveyance under this subsection may be made, except a conveyance under paragraph (a) or paragraph (c), the department shall first afford a right of first refusal to the previous property owner for the department’s current estimate of value of the property.

The right of first refusal must be made in writing and sent to the previous owner via certified mail or hand delivery, effective upon receipt.

The right of first refusal must provide the previous owner with a minimum of 30 days to exercise the right in writing and must be sent to the originator of the offer by certified mail or hand delivery, effective upon dispatch.

If the previous owner exercises his or her right of first refusal, the previous owner has a minimum of 90 days to close on the property.

(a) If the property has been donated to the state for transportation purposes and a transportation facility has not been constructed for at least 5 years, plans have not been prepared for the construction of such facility, and the property is not located in a transportation corridor, the governmental entity may authorize reconveyance of the donated property for no consideration to the original donor or the donor’s heirs, successors, assigns, or representatives.

(b) If the property is to be used for a public purpose, the property may be conveyed without consideration to a governmental entity.

(c) If the property was originally acquired specifically to provide replacement housing for persons displaced by transportation projects, the department may negotiate for the sale of such property as replacement housing.

As compensation, the state shall receive at least its investment in such property or the department’s current estimate of value, whichever is lower.

It is expressly intended that this benefit be extended only to persons actually displaced by the project.

Dispositions to any other person must be for at least the department’s current estimate of value.

(d) If the department determines that the property requires significant costs to be incurred or that continued ownership of the property exposes the department to significant liability risks, the department may use the projected maintenance costs over the next 10 years to offset the property’s value in establishing a value for disposal of the property, even if that value is zero.

(e) If, at the discretion of the department, a sale to a person other than an abutting property owner would be inequitable, the property may be sold to the abutting owner for the department’s current estimate of value.

Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida Statutes, is amended to read:

Section 5. The6. The Legislature finds and declares that this act fulfills an important state interest.

Section 6. This7. This act shall take effect July 1, 2021.