Florida 2023 Regular Session

Florida House Bill H0763 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 763 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to disposal of Department of 2
16	16	Transportation property; amending s. 337.25, F.S.; 3
17	17	providing that the use of property as affordable 4
18	18	housing qualifies as use for a public purpose in the 5
19	19	context of the authorization of the Department of 6
20	20	Transportation to convey property without 7
21	21	consideration to a governmental entity; providing an 8
22	22	effective date. 9
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24	24	Be It Enacted by the Legislature of t he State of Florida: 11
25	25	12
26	26	Section 1. Paragraph (b) of subsection (4) of section 13
27	27	337.25, Florida Statutes, is amended to read: 14
28	28	337.25 Acquisition, lease, and disposal of real and 15
29	29	personal property.— 16
30	30	(4) The department may convey, in the name of the stat e, 17
31	31	any land, building, or other property, real or personal, which 18
32	32	was acquired under subsection (1) and which the department has 19
33	33	determined is not needed for the construction, operation, and 20
34	34	maintenance of a transportation facility. When such a 21
35	35	determination has been made, property may be disposed of through 22
36	36	negotiations, sealed competitive bids, auctions, or any other 23
37	37	means the department deems to be in its best interest, with due 24
38	38	advertisement for property valued by the department at greater 25
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40	40	HB 763 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0763-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	than $10,000. A sale may not occur at a price less than the 26
52	52	department's current estimate of value, except as provided in 27
53	53	paragraphs (a)-(d). The department may afford a right of first 28
54	54	refusal to the local government or other political subdivision 29
55	55	in the jurisdiction i n which the parcel is situated, except in a 30
56	56	conveyance transacted under paragraph (a), paragraph (c), or 31
57	57	paragraph (e). Notwithstanding any provision of this section to 32
58	58	the contrary, before any conveyance under this subsection may be 33
59	59	made, except a conveya nce under paragraph (a) or paragraph (c), 34
60	60	the department shall first afford a right of first refusal to 35
61	61	the previous property owner for the department's current 36
62	62	estimate of value of the property. The right of first refusal 37
63	63	must be made in writing and sent to the previous owner via 38
64	64	certified mail or hand delivery, effective upon receipt. The 39
65	65	right of first refusal must provide the previous owner with a 40
66	66	minimum of 30 days to exercise the right in writing and must be 41
67	67	sent to the originator of the offer by cert ified mail or hand 42
68	68	delivery, effective upon dispatch. If the previous owner 43
69	69	exercises his or her right of first refusal, the previous owner 44
70	70	has a minimum of 90 days to close on the property. The right of 45
71	71	first refusal set forth in this subsection may not b e required 46
72	72	for the disposal of property acquired more than 10 years before 47
73	73	the date of disposition by the department. 48
74	74	(b) If the property is to be used for a public purpose, 49
75	75	including, but not limited to, affordable housing as provided in 50
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77	77	HB 763 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	ss. 125.379 and 166.0451, the property may be conveyed without 51
89	89	consideration to a governmental entity. 52
90	90	Section 2. This act shall take effect July 1, 2023. 53