BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
RULE NOS.:RULE TITLES:
18-2.019Procedures to Obtain Authorization
18-2.020Payments and Consideration
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 243, December 17, 2015 issue of the Florida Administrative Register.
This notice also clarifies that the above referenced notice published on December 17, 2015, incorrectly stated that subsections 18-2.019(6) through (7) were renumbered as (4) through (5), when it should have stated that subsection 18-2.019(6) was renumbered as (4). This notice also corrects the numbering for subsections 18-2.019(6) and (7) to subsections 18-2.019(5) and (6). All of the changes herein are made in response to proposed objections raised by the Joint Administrative Procedures Committee and/or are supported by the record of the March 14, 2017, hearing of the Board of Trustees of the Internal Improvement Trust Fund.
18-2.019 Procedures to Obtain Authorization.
(1) through (4) No change.
(5)(6) Before a building or parcel of land is offered for lease or sale to a local or federal unit of government or a private party, it shall first be offered for lease to state agencies, state universities, and Florida College System institutions. The Board shall give priority, with priority consideration given to state universities and Florida College System institutions over state agencies.
(6)(7) In lieu of the application procedure for leases in this rule, before a surplus parcel or building owned by the Board is leased to a state university, Florida College System institution, or state agency, Section 253.0341(7), F.S., 253.034(13), F.S., requires the applicant to submit a business plan to the Board for its review and approval. State universities, Florida College System institutions, and state agencies must follow the following application procedures:
(a) A state university, Florida College System institution, or state agency shall submit written notice of its intention to submit a business plan and desire to apply for a lease after the offer for lease is published. and prior to submission of the business plan. Failure to submit a notice of intention to submit a business plan shall be considered to be conclusive that there is no interest in leasing the parcel or building. Within 60 days after publication of the offer for lease, the time period set forth in Section 253.034(13), F.S., the state university agency, Florida College System institution, or state agency shall must submit its business plan to the Department for consideration by the Board.
(b) If the applicant chooses to combine elements in its business plan, it shall clearly indicate where in the business plan all statutory requirements of Section 253.0341(7), F.S., Section 253.034(13), F.S., and the requirements of this rule are met. The plan shall contain an explanation of such combinations.
(c) No change.
(d) A business plan from a state university or Florida College System institution shall consist of:
1. A description of the proposed use, including future use, of the building or parcel, and a statement of how such future use is consistent with its campus master plan.
2. A timeline for the renovation or construction of any capital improvements.
3. through 4. renumber 2. through 3.
Rulemaking Authority 253.03, 253.0341 253.034 FS. Law Implemented 253.03, 253.0341 253.034, 253.115, 253.42, 253.52, 253.77 FS. History–New 6-4-96, Amended .
18-2.020 Payments and Consideration.
(1) No change.
(2) Disposal.
(a) No change.
(b) Disposal of parcels Parcels with a market an estimated value over $500,000 shall must be initially offered for sale by competitive bid. Any parcels with an estimated value of over $500,000 that were unsuccessfully offered for sale by competitive bid, and parcels with an estimated value of $500,000 or less, may be sold by any reasonable means, such as those identified in Section 253.0341(9), F.S., including procuring real estate services, open or exclusive listings, competitive bid, auction, negotiated direct sales, or other appropriate services, to facilitate the sale. The In no case shall areal estate brokerage fee or auction fee shall not exceed 10% of the purchase price of the parcel.
(c) through (d) No change.
(3) No change.
(4) Easements.
(a) A one-time fee for private easements shall be assessed and based upon an appraisal, a comparable sales analysis, or a brokers opinion of value. Notwithstanding, private easements shall be assessed and based upon an appraisal if the Division, using best professional judgment, finds the easement has an estimated value greater than $10,000 or if the Division, using best professional judgment, is unable to determine an initial estimated value.
(b) through (d) No change.
(5) through (8) No change.
Rulemaking Authority 253.03, 253.0341 253.034 FS. Law Implemented 253.03, 253.0341 253.034, 253.42, 253.51-.54, 253.571, 270.11 FS. History–New 6-4-96, Amended 5-29-08, .
