HB 763 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0763-00
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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
A bill to be entitled 1
An act relating to disposal of Department of 2
Transportation property; amending s. 337.25, F.S.; 3
providing that the use of property as affordable 4
housing qualifies as use for a public purpose in the 5
context of the authorization of the Department of 6
Transportation to convey property without 7
consideration to a governmental entity; providing an 8
effective date. 9
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Be It Enacted by the Legislature of t he State of Florida: 11
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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 stat e, 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
HB 763 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0763-00
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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
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 i n 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 conveya nce 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 cert ified 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 b e 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
HB 763 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0763-00
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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
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. 53