Florida 2022 2022 Regular Session

Florida House Bill H0457 Analysis / Analysis

Filed 01/12/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0457c.PEL 
DATE: 1/12/2022 
 
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS 
 
BILL #: HB 457    St. Lucie County 
SPONSOR(S): Trabulsy 
TIED BILLS:  None  IDEN./SIM. BILLS: None 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Local Administration & Veterans Affairs 
Subcommittee 
15 Y, 0 N Darden Miller 
2) Post-Secondary Education & Lifelong Learning 
Subcommittee 
15 Y, 0 N Wolff Kiner 
3) State Affairs Committee    
SUMMARY ANALYSIS 
The State of Florida owns lands for many purposes including preservation, conservation, recreation, water 
management, historic preservation, and administration of government. Most of these lands are held by the 
Board of Trustees of the Internal Improvement Trust Fund, consisting of the Governor and Cabinet. The Board 
may acquire, sell, transfer, and administer state lands in the manner consistent with chapters 253 and 259, 
F.S. 
 
Indian River State College (IRSC) is a member of the Florida College System serving Indian River, Martin, 
Okeechobee and St. Lucie Counties. IRSC operates five campuses and serves approximately 30,000 
students. One of IRSC’s campuses, the Pruitt Campus, was previously operated as a joint-use campus with 
Florida Atlantic University (FAU). FAU discontinued operations on its portion of the campus in 2012 due to 
budget issues and agreed to transfer its portion of the property to IRSC. IRSC signed a 50-year lease in 2014 
with the Board of Trustees of the Internal Improvement Trust Fund to use the portions of the campus that had 
previously belonged to FAU. The entirety of IRSC’s four other campuses, as well as the remainder of the Pruitt 
Campus, is owned directly by the IRSC District Board of Trustees. 
 
The bill directs the Trustees of the Internal Improvement Trust Fund to convey in fee simple to the District 
Board of Trustees of IRSC property currently held by the Trustees of the Internal Improvement Trust Fund that 
previously constituted the FAU portions of the Pruitt Campus. The bill requires IRSC to manage and protect the 
property and to continuously use the property for educational means and purposes. In the event of a sale or 
disposition of the property, the bill gives the Trustees of the Internal Improvement Trust Fund the option to 
regain ownership of the property. The bill requires the Trustees of the Internal Improvement Trust Fund to 
convey the property within 60 days of the effective date of the act, which is the earlier of when the bill becomes 
a law or June 1, 2022.   STORAGE NAME: h0457c.PEL 	PAGE: 2 
DATE: 1/12/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
State Lands 
 
The State of Florida owns lands for many purposes including preservation, conservation, recreation, 
water management, historic preservation, and administration of government.  These lands include: 
 All swamp and overflowed lands held by the state or which may inure to the state; 
 All lands owned by the state by right of its sovereignty;
1
 
 All internal improvement lands proper; 
 All tidal lands; 
 All lands covered by shallow waters of the ocean or gulf, or bays or lagoons thereof, and all 
lands owned by the state covered by fresh water; 
 All parks, reservations, or lands or bottoms set aside in the name of the state, excluding lands 
held for transportation facilities and transportation corridors and canal rights-of-way; and 
 All lands which have accrued, or which may accrue, to the state.
2
 
 
State lands are held in trust for the use and benefit of the people of Florida by the Board of Trustees of 
the Internal Improvement Trust Fund.
3
 The board consists of the Governor, Attorney General, Chief 
Financial Officer, and Commissioner of Agriculture.
4
  This body may acquire, sell, transfer, and 
administer state lands in the manner consistent with chapters 253 and 259, F.S.
5
   
 
The Department of Environmental Protection, through its Division of State Lands, generally performs all 
staff duties and functions related to the acquisition, administration, and disposition of state lands, 
although certain staff duties related to state lands may be performed by water management districts, 
the Department of Agriculture and Consumer Services, and the Fish and Wildlife Conservation 
Commission.
6
 College and university facilities owned by the state total over 163 million square feet of 
space statewide.
7
 
 
Indian River State College 
 
Originally established as Indian River Junior College in 1959, Indian River State College (IRSC) moved 
to its present primary campus on Virginia Avenue in Fort Pierce in 1963.
8
 IRSC merged with Lincoln 
Junior College in 1965 to create one institution serving students in Indian River, Martin, Okeechobee 
and St. Lucie Counties. In the years since the institution has undergone two name changes, first to 
Indian River Community College in 1970 and then to IRSC in 2008 to reflect its status as a 
baccalaureate degree granting institution. IRSC currently enrolls approximately 30,000 students and 
                                                
1
 These are “sovereignty submerged lands,” which include but are not limited to, tidal lands, islands, sand bars, shallow banks, and 
lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters, to which 
the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated. 
R. 18-21.003(67), F.A.C. 
2
 S. 253.03(1), F.S. 
3
 S. 253.001, F.S. 
4
 S. 253.02(1), F.S. 
5
 Id. 
6
 S. 253.002(1), F.S. 
7
 Dept. of Environmental Protection, State of Florida Lands and Facilities Inventory Search, 
https://prodenv.dep.state.fl.us/DslPi/splash?Create=new (last visited Jan. 4, 2022) (Data can be found by running a search of “State 
Facilities” and selecting all Florida College System (FCS) and Statute University System ( SUS) institutions in the “Agency” field). 
8
 Indian River State College, History, https://irsc.edu/about/history.html (last visited Jan. 4, 2022).  STORAGE NAME: h0457c.PEL 	PAGE: 3 
DATE: 1/12/2022 
  
has received national recognition as a community college of excellence.
9
 IRSC currently operates five 
campuses: 
 Massey Campus in Ft. Pierce; 
 Chastain Campus in Stuart; 
 Dixon Hendry Campus in Okeechobee; 
 Mueller Campus in Vero Beach; and 
 Pruitt Campus in Port St. Lucie.
10
 
 
The Pruitt Campus was initially operated as a joint-use campus between IRSC and Florida Atlantic 
University (FAU).
11
 FAU discontinued operations on its portion of the campus in 2012 due to budget 
issues and agreed to transfer its portion of the property to IRSC.
12
 The IRSC District Board of Trustees 
entered into a 50-year lease for the property with the Trustees of the Internal Improvement Trust Fund 
in 2014.
13
 The entirety of IRSC’s four other campuses, as well as the remainder of the Pruitt Campus, 
is owned directly by the IRSC District Board of Trustees. 
 
Effect of Proposed Changes 
 
The bill directs the Trustees of the Internal Improvement Trust Fund to convey in fee simple to the 
IRSC District Board of Trustees property currently held by the Trustees of the Internal Improvement 
Trust Fund that previously constituted the FAU portions of the Pruitt Campus. The bill requires IRSC to 
manage and protect the property and to continuously use the property for educational means and 
purposes. In the event of a sale or disposition of the property, the bill gives the Trustees of the Internal 
Improvement Trust Fund the option to regain ownership of the property. The bill requires the Trustees 
of the Internal Improvement Trust Fund to convey the property within 60 days of the effective date of 
the act, which is the earlier of when the bill becomes a law or June 1, 2022. 
 
B. SECTION DIRECTORY: 
Section 1: Directs the Trustees of the Internal Improvement Trust Fund to convey in fee simple 
certain real property in St. Lucie County to the District Board of Trustees of Indian River 
State College.   
 
Section 2: Provides that the District Board of Trustees of Indian River State College shall use the 
property for education purposes and that any sale or disposition of the property may 
result in ownership reverting to the Board of Trustees of the Internal Improvement Trust 
Fund on behalf of the state. 
 
Section 3: Requires the Board of Trustees of the Internal Improvement Trust Fund to convey the 
property to the District Board of Trustees of Indian River State College with 60 days of 
the effective date of the bill. 
 
Section 4: Provides an effective date of the earlier of the bill becoming a law or June 1, 2022. 
 
II.  NOTICE/REFERENDUM AND OTHER REQUIREMENTS 
 
A.  NOTICE PUBLISHED?     Yes [x]     No [] 
 
      IF YES, WHEN? September 1, 2021 
                                                
9
 Aspen Institute, 2019 Aspen Prize for Community College Excellence Awarded to Florida’s Indian River State College and Miami 
Dade College, https://www.aspeninstitute.org/news/press-release/2019-aspen-prize-for-community-college-excellence/ (last visited Jan. 
4, 2022). 
10
 Indian River State College, Campuses, https://irsc.edu/about/campuses.html (last visited Jan. 4, 2022). 
11
 IRSC Resolution of Support, on copy with Local Administration & Veterans Affairs Subcommittee. 
12
 See Christin Erazo, IRSC to expand St. Lucie West with use of former FAU buildings, TC Palm, available at 
https://archive.tcpalm.com/news/irsc-to-expand-st-lucie-west-with-use-of-former-fau-buildings-ep-381492280-342816922.html/ (last 
visited Jan. 4, 2022). 
13
 IRSC Resolution of Support, on copy with Local Administration & Veterans Affairs Subcommittee.  STORAGE NAME: h0457c.PEL 	PAGE: 4 
DATE: 1/12/2022 
  
 
WHERE? The St. Lucie News Tribune, a daily newspaper of general circulation published 
in St. Lucie County, Florida. 
 
B.  REFERENDUM(S) REQUIRED?     Yes []     No [x] 
 
      IF YES, WHEN? 
 
C.  LOCAL BILL CERTIFICATION FILED?     Yes [x]     No [] 
 
D.  ECONOMIC IMPACT STATEMENT FILED?     Yes [x]     No [] 
 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill does not provide rulemaking authority or require executive branch rulemaking. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
 
 None.