Definitions, Appraisal Procedures, Report Requirements and Determining Maximum Amounts, Designated Appraisal Organizations and Appraiser Selection, Board Action, Donations
BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
RULE NO: RULE TITLE
18-1.002: Definitions
18-1.006: Appraisal Procedures, Report Requirements and Determining Maximum Amounts
18-1.007: Designated Appraisal Organizations and Appraiser Selection
18-1.011: Board Action
18-1.013: DonationsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 29, July 20, 2007 issue of the Florida Administrative Weekly.
18-1.002 Definitions.
When used in this chapter, the following shall have the indicated meaning unless the context clearly indicates otherwise:
(1) through (9) No change.
(10) “Certified survey” means a boundary survey, as further defined in Rule 18-1.005, F.A.C., which is certified, signed and sealed by a professional surveyor and mapper authorized to practice surveying in the State of Florida, and approved by the Division’s Bureau of Survey and Mapping as being in compliance with the minimum technical standards for land surveying in Florida. The survey shall accurately portray the parcel’s boundaries, improvements and encumbrances. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the Division and by the title insurer for the purpose of deleting the standard exceptions for survey matters, easements, or claims of easements not shown by the public records from the owner’s title policy.
(11) “Council” means the Acquisition and Restoration Council formed by Section 259.035, F.S.
(11) through (15) renumbered (12) through (16) No change.
(17)(16) “Evidence of marketable title” means assurance of the marketability of the land being acquired, in the form of a marketability title commitment and policy (American Land Title Association [ALTA] Form B with Florida revisions). The coverage, form and exceptions of the title insurance must be approved by the Division in order to assure that title is marketable and compatible with the purposes of the acquisition. The terms “Title Policy” and “Title Commitment” are included within this definition.
(17) through (28) renumbered (18) through (29) No change.
Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 10-30-91,_________.
18-1.006 Appraisal Procedures, Report Requirements and Determining Maximum Amounts.
(1) through (3) No change.
(4) In accordance with Section 253.025(6)(f), F.S., the appraisal report shall be accompanied by a sales history of the parcel for the prior five years. This requirement shall be waived under the following conditions: If the sales history would not be useful, or the cost would be prohibitive compared to the value of the parcel, such as cases wherein 15 or more parcels are appraised in one appraisal report. This waiver provision does not impact or reduce the sales history requirements for appraisal services under the USPAP.
(a) The history shall be deemed not useful for projects consisting of a large number of relatively similar size properties under separate ownership for which a multiple-ownership appraisal technique can be used.
(b) The cost will be considered to be prohibitive relative to the value of the parcel if the most recent assessed value for ad valorem tax purposes is $50,000 or less, excluding greenbelt agricultural, aquifer recharge, or other special exemptions.
(5) through (9) No change.
Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 373.139, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 1-2-91, 10-30-91,_________.
18-1.007 Designated Appraisal Organizations and Appraiser Eligibility and Selection.
(1) Approved Appraiser List – Eligibility and Selection.
(a) The Chief Appraiser shall annually send an announcement to each approved appraisal organization and to the Florida Real Estate Appraisal Board (FREAB) for publication in their respective newsletters, inviting interested appraisers to apply for placement on the approved appraiser list.
1. An appraiser shall be considered eligible and will be placed on the list when he has complied with all the following criteria:
a. through b. No change.
c. The appraiser is a state certified appraiser licensed to do business in Florida and certified by the FREAB.
d. through e. No change.
2. through 3. No change.
(2) through (6) No change.
Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91,_________.
18-1.011 Board Action.
(1) through (4) No change.
(5) The Division and the Board may consider an appraisal acquired by the Seller, or any part thereof, in negotiating or approving any purchase, but such appraisal may not be used in lieu of an appraisal required by subsection 253.025(6) F.S. or 259.041(7), F.S., to determine the maximum offer allowed by law except as otherwise provided by law.
(5)(6) No change.
Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91, ________.
18-1.013 Donations.
(1) The Board will consider may accepting donations of land if under the following conditions are met:
(a) through (e) No change.
(2) through (3) No change.
Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, ________.
