Title: Disposal of Department of Transportation Property

Summary: Provides that use of property as affordable housing qualifies as use for public purpose in context of authorization of DOT to convey property without consideration to governmental entity.

Full Text:
An act relating to disposal of Department of Transportation property; amending s. 337.25, F.S.; providing that the use of property as affordable housing qualifies as use for a public purpose in the context of the authorization of the Department of Transportation to convey property without consideration to a governmental entity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (b) of subsection (4) of section 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 stat e, 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 determinati on 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 HB 2023 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 i nwhich 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 conveya nce 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 days to exercise the right in writing and must be sent to the originator of the offer by cert ified 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 days to close on the property. The right of first refusal set forth in this subsection may not be required for the disposal of property acquired more than years before the date of disposition by the department. (b) If the property is to be used for a public purpose, including, but not limited to, affordable housing as provided in HB 2023 ss. 125.379 and 166.0451, the property may be conveyed without consideration to a governmental entity. Section 2. This act shall take effect July 1, 2023.