The Division of State Lands operates its land acquisition, land management, and appraisal processes through statute, rule, and internal department guidelines, through delegations from and approvals by the Board of Trustees. Recent changes in ...

 

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
Departmental

RULE NO: RULE TITLE
18-2: MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES
18-2.017: Definitions
18-2.018: Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands
18-2.020: Payments and Consideration
PURPOSE AND EFFECT: The Division of State Lands operates its land acquisition, land management, and appraisal processes through statute, rule, and internal department guidelines, through delegations from and approvals by the Board of Trustees. Recent changes in statutes, and Board of Trustees' policies and guidelines, which were adopted at lawfully advertised public meetings, have not been adopted by rule. Rule amendments are needed to clarify and implement statutes and policies adopted by the Board for state land appraisal procedures. These rule amendments will implement recommendations of the Auditor General's Office in a June 2005 operational audit. They will improve consistency, adequacy and clarity pertaining to the disposition and management of state land. The changes will also protect the Board of Trustees against loss of revenue related to oil and gas lease terminations.
SUBJECT AREA TO BE ADDRESSED: Revisions to the rule will do the following: clarify appraisal-related terms by adding definitions; clarify the term "appraisal" to include appraisal services, including appraisal reviews; add appraiser selection procedures; incorporate by reference the "Supplemental Appraisal Standards for Board of Trustees Land" for leases, easements, and disposal of uplands; eliminate the use of acreage in determination of whether a parcel should be competitively bid or not, and consider dollar value only; eliminate the requirement that the value of private land for exchange purposes shall be no more than 100% of the average if two appraisals are used, in order to be consistent with acquisition rules; delete provisions that require submittal of appraisals with bids; provide financial security against loss of revenue resulting from an oil and gas lessee's failure to comply with the terms and conditions of a lease; clarify reporting requirements and provide procedures for late payments and reports for oil and gas leases; remove the necessity for a full legal description and listing of land use restrictions when noticing surplus land sales. To differentiate this rulemaking from another concurrent rulemaking in this chapter, this rulemaking will be called "Appraisal Rules."
SPECIFIC AUTHORITY: 253.03(7), (11), 253.034(6) FS.
LAW IMPLEMENTED: 253.03, 253.034, 253.0341, 253.111, 253.115, 253.42, 253.421, 253.47-60 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Friday, January 26, 2007, 10:00 a.m.

PLACE: Marjory Stoneman Douglas Building Conference Room A, 3900 Commonwealth Blvd., Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Kerry Drakes, Division of State Lands, MS 110, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, [phone], e-mail [e-mail] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Draft rule changes can be found on the Internet at www.dep.state.fl. us/lands or contact Kerry Drakes at the address or phone number above

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.