eLaws of Florida

  SECTION 380.0666. Powers of land authority.  


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  • 1The land authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers, which are in addition to all other powers granted by other provisions of this act:
    43(1) 44To sue and be sued; to have a seal, to alter the same at pleasure, and to authorize the use of a facsimile thereof; and to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land authority.
    90(2) 91To undertake and carry out studies and analyses of county land planning needs within areas of critical state concern and ways of meeting those needs.
    116(3)(a) 117To acquire and dispose of real and personal property or any interest therein when such acquisition is necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas, provide affordable housing to families whose income does not exceed 160 percent of the median family income for the area, prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern, or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; to contribute tourist impact tax revenues received pursuant to s. 222125.0108 223to the county in which it is located and its most populous municipality or the housing authority of such county or municipality, at the request of the county commission or the commission or council of such municipality, for the construction, redevelopment, or preservation of affordable housing in an area of critical state concern within such municipality or any other area of the county; to contribute funds to the Department of Environmental Protection for the purchase of lands by the department; and to enter into all alternatives to the acquisition of fee interests in land, including, but not limited to, the acquisition of easements, development rights, life estates, leases, and leaseback arrangements. However, the land authority shall make an acquisition or contribution only if:
    3461. 347Such acquisition or contribution is consistent with land development regulations and local comprehensive plans adopted and approved pursuant to this chapter;
    3682. 369The property acquired is within an area designated as an area of critical state concern at the time of acquisition or is within an area that was designated as an area of critical state concern for at least 20 consecutive years before removal of the designation;
    4153. 416The property to be acquired has not been selected for purchase through another local, regional, state, or federal public land acquisition program. Such restriction does not apply if the land authority cooperates with the other public land acquisition programs which listed the lands for acquisition, to coordinate the acquisition and disposition of such lands. In such cases, the land authority may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs; and
    4984. 499The acquisition or contribution is not used to improve public transportation facilities or otherwise increase road capacity to reduce hurricane evacuation clearance times.
    522(b) 523To use revenues received pursuant to s. 530125.0108 531to pay costs related to affordable housing projects, including:
    5401. 541The cost of acquiring real property and any buildings thereon, including payments for contracts to purchase properties;
    5582. 559The cost of site preparation, demolition, environmental remediation that is not reimbursed by another governmental funding program, and development;
    5783. 579Professional fees in connection with the planning, design, and construction of the project, such as those of architects, engineers, attorneys, and accountants;
    6014. 602The cost of studies, surveys, and plans;
    6095. 610The cost of the construction, rehabilitation, and equipping of the project, excluding permit and impact fees and mitigation requirements;
    6296. 630The cost of on-site land improvements, such as landscaping, parking, and ingress and egress, excluding permit and impact fees and mitigation requirements; and
    6537. 654The cost of offsite access roads, except those required to meet hurricane evacuation clearance times.
    669(4) 670To borrow money through the issuance of bonds for the purposes provided in this act, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof.
    703(5) 704To purchase bonds of the land authority out of any funds or moneys of the land authority available therefor and to hold, cancel, or resell such bonds.
    731(6) 732To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under s. 762215.47, 763and in any authorized investments, if such investments are made on behalf of the land authority by the State Board of Administration or by another trustee appointed for that purpose.
    793(7) 794To contract for and to accept gifts, grants, loans, or other aid from the United States Government or any person or corporation, including gifts of real property or any interest therein.
    825(8) 826To insure and procure insurance against any loss in connection with any bonds of the land authority and the land authority’s operations, including without limitation:
    851(a) 852The repayment of any loans to mortgage lenders or mortgage loans;
    863(b) 864Any project;
    866(c) 867Any bonds of the land authority;

    873in such amounts and from such insurers, including the Federal Government, as it may deem necessary or desirable and to pay any premiums therefor.

    897(9) 898To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice.
    917(10) 918To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the land authority under this act, including contracts with any person, firm, corporation, local government, or other entity; and all local governments established under the laws of the state are hereby authorized to enter into and do all things necessary to perform such contracts and otherwise cooperate with the land authority to facilitate the accomplishment of the purposes of this act.
    1000(11) 1001To undertake any actions necessary to conduct a feasibility and design study for a solid waste management facility in an area of critical state concern and, if such project is feasible, to carry out such project.
    1037(12) 1038To identify parcels of land within the area or areas of critical state concern that would be appropriate acquisitions by the state and recommend such acquisitions to the advisory council established pursuant to s. 1072259.035 1073or its successor.
    1076(13) 1077To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted in, this act.
History.-s. 1, ch. 86-170; s. 5, ch. 88-164; s. 3, ch. 88-376; s. 15, ch. 89-116; s. 10, ch. 92-288; s. 40, ch. 99-247; s. 4, ch. 2006-223; s. 38, ch. 2013-18; s. 31, ch. 2015-30; s. 63, ch. 2015-229; s. 8, ch. 2016-225; s. 6, ch. 2018-159.

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