February 24, 2020
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_h7169__
HB 7169

1
A bill to be entitled
2An act relating to state-owned real property; providing
3legislative findings; amending s. 193.023, F.S.; requiring
4assessments of state-owned real property upon request;
5amending s. 193.085, F.S.; deleting an agency coordination
6requirement for the Department of Revenue; requiring
7annual written notification from local governments to
8property appraisers; amending s. 213.053, F.S.;
9authorizing the Department of Revenue to provide certain
10information to the Department of Environmental Protection;
11amending s. 216.0152, F.S.; revising requirements for the
12Department of Management Services to develop inventories
13of state-owned or state-occupied facilities; amending s.
14253.03, F.S.; requiring the Department of Environmental
15Protection to maintain a comprehensive database of state-
16owned land; providing requirements; specifying duties of
17the Department of Management Services; requiring the
18Department of Revenue to provide certain tax roll data to
19the Board of Trustees of the Internal Improvement Trust
20Fund for certain purposes; requiring the board of trustees
21to use tax roll data for certain purposes; requiring the
22board to review certain lands for surplus sales;
23prohibiting imposition of new data requirements on
24property appraisers for certain purposes; requiring
25agencies to retire duplicative state property databases
26under certain circumstances; amending s. 253.034, F.S.;
27deleting requirements for the Division of State Lands to
28prepare state inventories of certain federal, state, and
29local lands; deleting inventory requirements; providing an
30effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  The Legislature finds that the management of
35state-owned real property requires a comprehensive integrated
36inventory system to support decisionmaking processes, including,
37but not limited to, dispositions. This comprehensive database
38will serve as the authoritative inventory repository for state-
39owned facilities and publicly owned lands data that is collected
40through various agency operations in disparate systems. The
41comprehensive database must provide agencies owning property,
42the public, and state policy makers with ready access to an
43integrated view of collected information and, wherever
44operationally feasible and cost effective, replace any
45duplicative state property databases. The initial objective for
46the database is establishing an integrated inventory of the
47state-owned real property data from the Department of
48Environmental Protection, the Department of Management Services,
49and the Department of Revenue and to collect operating costs and
50occupancy data from state agencies, while considering future
51developments to include leased lands and facilities data used by
52the Department of Financial Services and the Department of
53Management Services. The new database must optimize the use of
54existing data collection processes and minimize imposing new
55collection and reporting requirements where adequate existing
56data sources are available and must incorporate interfaces for
57tax roll data collected under statutory authorities by the
58Department of Revenue from the county property appraisers and
59other sources. The Legislature therefore intends to promote the
60development, maintenance, and use of the database through a
61coordinated interagency effort that leverages existing resources
62and processes to minimize costs and impacts on agencies owning
63property and county property appraisers.
64     Section 2.  Subsection (2) of section 193.023, Florida
65Statutes, is amended to read:
66     193.023  Duties of the property appraiser in making
67assessments.-
68     (2)  In making his or her assessment of the value of real
69property, the property appraiser is required to physically
70inspect the property at least once every 5 years. Where
71geographically suitable, and at the discretion of the property
72appraiser, the property appraiser may use image technology in
73lieu of physical inspection to ensure that the tax roll meets
74all the requirements of law. The Department of Revenue shall
75establish minimum standards for the use of image technology
76consistent with standards developed by professionally recognized
77sources for mass appraisal of real property. However, the
78property appraiser shall physically inspect any parcel of
79taxable or state-owned real property upon the request of the
80taxpayer or owner.
81     Section 3.  Paragraph (a) of subsection (3) of section
82193.085, Florida Statutes, is amended to read:
83     193.085  Listing all property.-
84     (3)(a)  The department will coordinate with all other
85departments of state government to ensure that the several
86property appraisers are properly notified annually of state
87ownership of real property. The department shall promulgate
88regulations to ensure that All forms of local government,
89special taxing districts, multicounty districts, and
90municipalities must provide each year written notification to
91properly notify annually the several property appraisers of any
92and all real property owned by any of them so that ownership of
93all such property will be properly listed.
94     Section 4.  Paragraph (z) is added to subsection (8) of
95section 213.053, Florida Statutes, to read:
96     213.053  Confidentiality and information sharing.-
97     (8)  Notwithstanding any other provision of this section,
98the department may provide:
99     (z)  Information relative to ss. 253.03(8) and 253.0325 to
100the Department of Environmental Protection in the conduct of its
101official business.
102
103Disclosure of information under this subsection shall be
104pursuant to a written agreement between the executive director
105and the agency. Such agencies, governmental or nongovernmental,
106shall be bound by the same requirements of confidentiality as
107the Department of Revenue. Breach of confidentiality is a
108misdemeanor of the first degree, punishable as provided by s.
109775.082 or s. 775.083.
110     Section 5.  Subsections (1) and (2) of section 216.0152,
111Florida Statutes, are amended to read:
112     216.0152  Inventory of state-owned facilities or state-
113occupied facilities.-
114     (1)  The Department of Management Services shall develop
115and maintain an automated inventory of all facilities owned,
116leased, rented, or otherwise occupied or maintained by any
117agency of the state or by the judicial branch, except those with
118less than 3,000 square feet. The inventory data shall be
119provided by the owning or operating agency and shall include the
120location, occupying agency, ownership, size, condition
121assessment, valuations, operating costs, maintenance record,
122age, parking and employee facilities, building use, full-time
123equivalent occupancy, known restrictions or historic
124designations including conservation land status, leases or
125subleases and associated revenues, and other information as
126required by the department. The department shall use such data
127for determining maintenance needs, conducting strategic
128analyses, including, but not limited to, candidates for surplus,
129and life-cycle cost evaluations of the facility. Beginning July
1301, 2011, and each July 1 thereafter, inventory information shall
131be provided to the department by the owning or operating agency
132in a format prescribed by the department. The inventory need not
133include a condition assessment or maintenance record of
134facilities not owned by a state agency or by the judicial
135branch. The term "facility," as used in this section, means
136buildings, structures, and building systems, but does not
137include transportation facilities of the state transportation
138system. The Department of Transportation shall develop and
139maintain an inventory of transportation facilities of the state
140transportation system. The Board of Governors of the State
141University System and the Department of Education, respectively,
142shall develop and maintain an inventory, in the manner
143prescribed by the Department of Management Services, of all
144state university and community college facilities and shall make
145the data available in a format acceptable to the Department of
146Management Services.
147     (2)  For purposes of assessing needed repairs and
148renovations of facilities, the Department of Management Services
149shall update its inventory with condition information for
150facilities of 3,000 square feet or more and cause to be updated
151the other inventories required by subsection (1) at least once
152every 5 years, but the inventories shall record acquisitions of
153new facilities and significant changes in existing facilities as
154they occur. The Department of Management Services shall provide
155each agency and the judicial branch with the most recent
156inventory applicable to that agency or to the judicial branch.
157Each agency and the judicial branch shall, in the manner
158prescribed by the Department of Management Services, report
159significant changes in the inventory as they occur. Items
160relating to the condition and life-cycle cost of a facility
161shall be updated at least every 5 years.
162     Section 6.  Subsection (8) of section 253.03, Florida
163Statutes, is amended to read:
164     253.03  Board of trustees to administer state lands; lands
165enumerated.-
166     (8)(a)  The Board of Trustees of the Internal Improvement
167Trust Fund shall prepare, using tax roll data provided by the
168Department of Revenue as supplied by the counties, an annual
169inventory of all publicly owned lands within the state. Such
170inventory shall include all lands owned by any unit of state
171government or local government; by the Federal Government, to
172the greatest extent possible; and by any other public entity.
173The board shall submit a summary report of the inventory and a
174list of major discrepancies between the inventory and the tax
175roll data to the President of the Senate and the Speaker of the
176House of Representatives on or before March 1 of each year.
177     (b)  The Department of Environmental Protection shall
178maintain a comprehensive database of all state-owned real
179property. The database shall be available to the public in an
180electronic format and be complete and operational by March 31,
1812011. The database shall be used by agencies when analyzing
182candidates for real property acquisition, use consolidation, or
183disposition. The Department of Management Services shall direct
184agency entries of facility data and analysis as identified in s.
185216.0152(1) for the statewide database.
186     (c)(b)  In addition to any other parcel data available, the
187inventory shall include a legal description or proper reference
188thereto, the number of acres or square feet within the
189boundaries, and the assessed value of all publicly owned
190uplands. To the greatest extent practicable, the legal
191description or proper reference thereto and the number of acres
192or square feet shall be determined for all publicly owned
193submerged lands. For the purposes of this subsection, the term
194"submerged lands" means publicly owned lands below the ordinary
195high-water mark of fresh waters and below the mean high-water
196line of salt waters extending seaward to the outer jurisdiction
197of the state. By October 31 of each year, the Department of
198Revenue shall furnish, in machine-readable form, annual, current
199tax roll data for public lands to the board to be used in
200compiling the inventory.
201     (d)1.(c)  Beginning September 30, 2011, and each September
20230 thereafter, the Department of Revenue shall furnish to the
203board, in electronic form, current tax roll data for public
204lands to be used in compiling the inventory.
205     2.  By November 30 By December 31 of each year, the board
206shall prepare and provide to each state agency and local
207government and any other public entity which holds title to real
208property, including any water management district, drainage
209district, navigation district, or special taxing district, a
210list of the real property owned by such entity, required to be
211listed on county assessment rolls, using tax roll data provided
212by the Department of Revenue.
213     3.  By January March 31 of the following year, each such
214entity shall review its list and inform the appropriate property
215appraiser of any corrections to the list. The appropriate county
216property appraiser Department of Revenue shall provide for
217entering such corrections on the appropriate county tax roll.
218     (e)  The board shall use tax roll data, which shall be
219provided by the Department of Revenue, to assist in the
220identification and confirmation of publicly held lands. Lands
221held by the state or a water management district and lands
222purchased by the state, a state agency, or a water management
223district deemed not essential or unnecessary for conservation
224purposes shall be subject to review by the board for surplus
225sale. New data requirements may not be imposed upon property
226appraisers solely for the comprehensive database.
227     (f)(d)  Whenever real property is listed on the real
228property assessment rolls of the respective counties in the name
229of the State of Florida or any of its agencies, the listing
230shall not be changed in the absence of a recorded deed executed
231by the State of Florida or the state agency in whose name the
232property is listed. If, in preparing the assessment rolls, the
233several property appraisers within the state become aware of the
234existence of a recorded deed not executed by the state and
235purporting to convey real property listed on the assessment
236rolls as state-owned, the property appraiser shall immediately
237forward a copy of the recorded deed to the state agency in whose
238name the property is listed.
239     (g)  Wherever operationally feasible and cost effective,
240when the comprehensive database is available, agencies shall
241retire any duplicative state property databases.
242     Section 7.  Subsection (8) of section 253.034, Florida
243Statutes, is amended to read:
244     253.034  State-owned lands; uses.-
245     (8)(a)  Notwithstanding other provisions of this section,
246the Division of State Lands is directed to prepare a state
247inventory of all federal lands and all lands titled in the name
248of the state, a state agency, a water management district, or a
249local government on a county-by-county basis. To facilitate the
250development of the state inventory, each county shall direct the
251appropriate county office with authority over the information to
252provide the division with a county inventory of all lands
253identified as federal lands and lands titled in the name of the
254state, a state agency, a water management district, or a local
255government. The Legislature recognizes the value of the state's
256conservation lands as water recharge areas and air filters and,
257in an effort to better understand the scientific underpinnings
258of carbon sequestration, carbon capture, and greenhouse gas
259mitigation, to inform policymakers and decisionmakers, and to
260provide the infrastructure for landowners, the Division of State
261Lands shall contract with an organization experienced and
262specialized in carbon sinks and emission budgets to conduct an
263inventory of all lands that were acquired pursuant to
264Preservation 2000 and Florida Forever and that were titled in
265the name of the Board of Trustees of the Internal Improvement
266Trust Fund. The inventory shall determine the value of carbon
267capture and carbon sequestration. Such inventory shall consider
268potential carbon offset values of changes in land management
269practices, including, but not limited to, replanting of trees,
270routine prescribed burns, and land use conversion. Such an
271inventory shall be completed and presented to the board of
272trustees by July 1, 2009.
273     (b)  The state inventory must distinguish between lands
274purchased by the state or a water management district as part of
275a core parcel or within original project boundaries, as those
276terms are used to meet the surplus requirements of subsection
277(6), and lands purchased by the state, a state agency, or a
278water management district which are not essential or necessary
279for conservation purposes.
280     (c)  In any county having a population of 75,000 or fewer,
281or a county having a population of 100,000 or fewer which is
282contiguous to a county having a population of 75,000 or fewer,
283in which more than 50 percent of the lands within the county
284boundary are federal lands and lands titled in the name of the
285state, a state agency, a water management district, or a local
286government, those lands titled in the name of the state or a
287state agency which are not essential or necessary to meet
288conservation purposes may, upon request of a public or private
289entity, be made available for purchase through the state's
290surplusing process. Rights-of-way for existing, proposed, or
291anticipated transportation facilities are exempt from the
292requirements of this paragraph. Priority consideration shall be
293given to buyers, public or private, willing to return the
294property to productive use so long as the property can be
295reentered onto the county ad valorem tax roll. Property acquired
296with matching funds from a local government shall not be made
297available for purchase without the consent of the local
298government.
299     (b)(d)  If state-owned lands are subject to annexation
300procedures, the Division of State Lands must notify the county
301legislative delegation of the county in which the land is
302located.
303     Section 8.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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