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Florida Administrative Code (Last Updated: July 17, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-817. Land Acquisition Procedures With Preservation 2000 Funds |
1(1) The Trust, the recipient, the recipient’s agent(s) and the party responsible for acquisition shall maintain confidentiality of appraisals, according to the requirements set forth below.
27(2) Section 29125.355(1)(a), F.S., 31for counties, and Section 35166.045(1)(a), F.S., 37for municipalities, require that in any case in which a county or municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a public purpose, every appraisal must be in writing.
75(3) Pursuant to the sections cited in subsection (2) above, such appraisals are not available for public disclosure or inspection and are exempt from the provisions of Section 103119.07(1), F.S., 105until an option contract is executed by the municipality or county, or if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality or county.
146(4) Pursuant to the sections cited in subsection (2) above, if a contract or agreement for purchase is not submitted to the municipal or county governing body for approval, the exemption from Section 179119.07(1), F.S., 181will expire 30 days after the termination of negotiations.
190(5) The date of termination of negotiations shall be based on a written statement from a party to the negotiations that good faith efforts at negotiating a purchase agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.
238(6) The Trust and the recipient, and their agents if any, shall execute an agreement to maintain confidentiality of appraisals until such time as the appraisal information is no longer exempt from Section 271119.07(1), F.S., 273as described in subsection (3) above. This agreement of confidentiality shall expressly name the individuals to whom the appraisal information may be disclosed during the period that the appraisal is exempt from the requirements of Section 309119.07(1), F.S. 311Pursuant to the sections cited in subsection (2) above, the exemptions from Section 324119.07(1), F.S., 326that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.14, F.S.
347Rulemaking Authority 349380.507(11) FS. 351Law Implemented 353259.101, 354375.045, 355380.501-.515 FS. History–New 7-7-94, Formerly 3609K-6.008.
