66A-2.0071. Real Property Acquisitions

The following constitutes the specific conditions procedures and administrative requirement for real property acquisition projects.

(1) Eligible Projects. Real property acquisitions are limited to projects that provide for rights-of-way, spoil material disposal areas, environmental mitigation areas or other areas that may be necessary for completion of capital improvements resulting in future public navigation or boater recreation facilities or extension of existing public navigation or boater recreation facilities. Member counties shall have up to one year from the effective date of the project agreement to purchase the property. The Board may extend this period in accordance with subsection 66A-2.0072(2), F.A.C.

(2) Capital Improvements. The public navigation or boater recreation capital improvements proposed at the time of the acquisition shall be constructed on the property within seven (7) years of the acquisition date and dedicated to the public for such use in perpetuity upon completion. Failure to timely complete the capital improvements may result in WCIND at its sole discretion: requiring the member county to refund WCIND’s interest as calculated in subsection (6) below; the conveyance of the property to WCIND; or extending the seven aforesaid (7) year time limit.

(3) Total Project Cost. Real property acquisitions projects are subject to the match ratios set forth in subsection 66A-2.003(4), F.A.C., and total project cost shall be upon based on either the negotiated purchase price or approved appraised value, whichever is lowest. If the negotiated purchase price or approved appraised value is greater than the project cost, the member county must pay the additional cost. Pre-agreement costs for appraisals, inspections, surveys (boundary and topographic) and title searches or opinions completed within one-year of the date of application may be detailed in the project agreement and used as match funds for a boater recreation project.

(4) Member counties shall include in the acquisition project application, the following supporting documentation:

(a) Appraisal. An appraisal prepared by an appraiser certified under Chapter 475, F.S., shall be submitted which establishes the fair market value of the parcel(s) proposed for acquisition. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) must be dated no earlier than six months prior to the submittal date of the application. If two appraisals are required for the project, the lower of the approved appraised values shall be the basis of the total project cost.

(b) Survey. A survey, certified, signed and sealed by a professional surveyor and mapper licensed under Chapter 472, F.S., shall be submitted which provides a legal description and sketch of the boundaries of the parcel(s) proposed for acquisition. The survey shall accurately portray the existing conditions and any known easements and encroachments. The survey shall be certified no earlier than six months prior to the submittal date of the application.

(c) Title Opinion. A title opinion prepared by a member of the Florida Bar or a licensed title insurer which covers the thirty-year period prior to the application submittal date and attests to the landowner’s clear title with no liens, encumbrances or taxes against the property.

(5) Ownership. Title to land acquired with program funds shall vest in the member county at closing subject to such covenants and restrictions, and reversion, conveyance and termination clauses that are sufficient to ensure compliance with this Rule Chapter in perpetuity and any easements reserved for the benefit of WCIND. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants and restrictions in favor of WCIND which include, at a minimum, the time limit for completing the proposed capital improvements and public dedication requirements in subsection (2) above. Additionally, the deed shall contain a reversion, conveyance or termination clause that vests title to WCIND if any of the covenants or restrictions are violated by the member county or by some third-party with the knowledge of the member county.

(6) Misused Real Property. If a member county violates the covenants and restrictions on the acquired property, the Board, at its discretion, may require the member county to take one of the following remedial actions:

(a) Convey the property to WCIND;

(b) Sell the property at public auction and refund WCIND’s interest from the sale proceeds; or

(c) Retain the property for non-waterway related uses and refund WCIND’s interest based upon the fair market value of the property at the time of the violation. Fair market value of the property, including any WCIND funded capital improvements thereon, shall be determined in the same manner as the total project costs in paragraph (4)(a) above.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.