9K-8.009. Negotiation of Offers and Counteroffers (Transferred)

(1) It shall be the goal of the Trust and the Recipient that the Acquisition of the real property be negotiated at the best price and terms that can be negotiated in the interest of the project’s public purpose. The objective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances, conditions, restrictions and reservations that would impede the purposes or management of the Project Site. In the course of negotiations the party responsible for negotiations may discuss the advantages of a Donation and bargain sale. If the real property to be acquired is not already surveyed and the acreage of the site is not known, the Owner(s) shall be advised of the benefits of obtaining a Safe Upland Line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site. In making an offer, the party responsible for negotiations shall consider the benefit to the Owner(s) of a single cash payment in relation to the maximum offer allowed by law.

(2) All offers and counteroffers shall be in writing.

(3) The Trust desires that the party responsible for negotiations negotiate the purchase price at or below the Maximum Approved Purchase Price.

(4) The party responsible for negotiations may negotiate and enter into a Purchase Agreement prior to or after the receipt and approval of Appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. The party responsible for conducting negotiations shall maintain appropriate records regarding any and all contact(s) the party had with the Owner(s).

(5) When the party responsible for negotiations initiates Acquisition negotiations prior to the receipt of the required number of Appraisal reports reviewed and approved in accordance with this rule chapter, that party assumes all risk and responsibility that may arise out of a negotiated purchase price that exceeds the Maximum Approved Purchase Price or other review standards set forth in this rule chapter.

(6) Initial contact with the Owner(s) by the party responsible for negotiations may be established prior to negotiations. When initiated, such contact should be limited to the following:

(a) To inform the Owner(s) about the Trust’s land Acquisition program.

(b) To explain in general terms the possible tax advantages of land Donations and bargain sales.

(c) To request permission from the Owner(s) in order to have his property appraised and surveyed.

(d) To discuss the timing of possible future Acquisitions, and the competition for funds under the various Trust Acquisition programs.

(e) To discuss the matter of representation of the Owner(s) by an Agent in any future negotiations, and the necessary confirmation by the Owner(s) of the Agent’s status.

(f) To request available title data.

(g) To advise of disclosure requirements.

(h) To request available property survey data.

(i) To discuss other information pertinent to the Acquisition process in general.

(7) Upon the initiation of negotiations, the Owner(s) shall be notified in writing that the terms of the final Purchase Agreement are subject to affirmative action by the Recipient and the Trust, if title is to be conveyed to the Recipient, and also the Board of Trustees, if title is to be conveyed to the Board of Trustees.

(8) Recipient shall maintain complete and accurate records of every such offer and counteroffer.

(9) When the Owner(s) is represented by an Agent, negotiations may not be initiated or continued with the Agent until a written statement signed by the Owner(s) verifying the Agent’s legal or fiduciary relationship with the Owner(s) has been received by the party responsible for negotiations and a copy has been provided to the Trust.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01.