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Florida Administrative Code (Last Updated: June 27, 2024) |
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9. Department of Community Affairs |
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9K. Florida Communities Trust |
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9K-8. Land Acquisition Procedures |
9K-8.007. Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price (Transferred)
1(1) The party responsible for Acquisition activities shall contract with the Approved Appraiser(s) according to contract requirements of the Recipient or the Trust, whichever is responsible for Acquisition activities.
30(2) Techniques and methods used by the Appraiser shall substantially conform to the Uniform Standards of Professional Appraisal Practice (USPAP), as defined in Chapter 475, Part II, F.S., as well as Trust appraisal instructions and format.
66(3) The party responsible for Acquisition activities shall provide to the Appraiser all pertinent title information developed in the title report, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, required appraisal forms or formats, and the most recent survey, if available.
117(4) The party responsible for Acquisition activities shall obtain at least one Appraisal by an Approved Appraiser for each ownership in a Project Site estimated to be valued less than $500,000. For each ownership in a Project Site estimated to be valued at or greater than $500,000, the party responsible for Acquisition activities shall obtain at least two Appraisals by Approved Appraisers.
181(5) Determination of Maximum Approved Purchase Price.
188(a) For purposes of calculating the Trust and the Recipient shares of the purchase price paid for real property, a Maximum Approved Purchase Price shall be determined. The Grant Contract will describe financial participation by the Trust and the Recipient on a percentage basis. The Trust considers that the maximum purchase price in which it will participate shall be the Maximum Approved Purchase Price 252or purchase price, whichever is less258. If the Recipient or its Agent negotiates a purchase price higher than the Maximum Approved Purchase Price, the Recipient shall pay all the purchase price amount over the Maximum Approved Purchase Price, in addition to the Match percentage share of the Maximum Approved Purchase Price.
304(b) Appraisals of 307all 308properties shall be reviewed by a review Appraiser who is employed by or under contract to the Trust. The review Appraiser must certify to the Trust that the Appraisals have been conducted substantially in accordance with this rule chapter and with correct Appraisal standards and methods, and must certify the appraised value(s) of the subject real property. This certified value shall also be referred to as “the Maximum Approved Purchase Price.”
379(c) The Maximum Approved Purchase Price shall be the value indicated in a single reviewed and approved Appraisal if only one Appraisal is required. If two Appraisals are obtained and approved when only one is required by this rule chapter, the Maximum Approved Purchase Price shall be the higher of the two values indicated in the Appraisals.
436(d) If two Appraisals are required and their values do not differ significantly, the Maximum Approved Purchase Price shall be the higher value indicated in the two Appraisals. The two Appraisals shall be considered to differ significantly if the higher of the two values exceeds 120 percent of the lower value.
487(e) When two Appraisals required under subsection (4) above differ significantly, the following steps shall be taken:
5041. The review Appraiser shall request that the two Appraisers review the differences in their respective reports to attempt to rectify their value conclusions so that the two value conclusions are not significantly different;
5382. A third Appraisal shall be obtained if the two Appraisals differ significantly and cannot be rectified as in the above paragraph unless a decision is made by the 567Trust 568to negotiate an Acquisition price of no more than 120 percent of the lower of the two reviewed and approved Appraisals.
5893. If a third Appraisal is obtained and reviewed and approved, the Maximum Approved Purchase Price shall be the value contained in the higher of the two closest Appraisals, so long as the two closest Appraisals do not differ significantly. If the two closest Appraisals differ significantly, 120 percent of the lower of the two Appraisals shall be the Maximum Approved Purchase Price.
652(6) The Trust shall compare the Maximum Approved Purchase Price with the cost to purchase the land as estimated in the Application. If that estimated cost is greater than the Maximum Approved Purchase Price, the Trust shall reduce the amount of the Award by a letter of notice to the Recipient.
703Rulemaking 704Authority 705380.507(11) FS. 707Law Implemented 709259.105, 710380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-8-05, 7172-19-07, 7182-9-10.
