The rule is being amended to implement changes in statute regarding acquisition of conservation lands, and changes in Board of Trustees' policies regarding conservation lands and appraisals. This will satisfy the recommendations of the Auditor ...

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO: RULE TITLE
18-1.001: Purpose and Intent
18-1.002: Definitions
18-1.003: General Requirements
18-1.004: Title
18-1.005: Appraisal Map and Survey
18-1.006: Appraisal Procedures, Report Requirements and Determining Maximum Amounts
18-1.007: Designated Appraisal Organizations and Appraiser Selection
18-1.008: Negotiations
18-1.009: Purchase Instruments
18-1.010: Exchanges
18-1.011: Board Action
18-1.012: Closing
18-1.013: Donations
18-1.014: Multi-Party Acquisitions
PURPOSE AND EFFECT: The rule is being amended to implement changes in statute regarding acquisition of conservation lands, and changes in Board of Trustees' policies regarding conservation lands and appraisals. This will satisfy the recommendations of the Auditor General’s Office in a June 2005 operational audit of the Department, and will update the rule to conform it to current practice of the Trustees.
SUMMARY: The rule amendments: add or amend definitions to clarify appraisal-related terms; add references to Chapter 259, F.S. for acquisition of conservation lands; provide standards and criteria for appraisals; incorporate by reference the Supplemental Appraisal Standards for Board of Trustees Land; and update appraiser selection procedures to reflect current practices for land acquisition.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 253.025(6), 253.025(7), 253.025(12), 253.03(7), 253.034(6), 259.041(2), 259.041(7) FS.
LAW IMPLEMENTED: 253.025, 259.041 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 21, 2007, 10:00 a.m. EDT
PLACE: Conference Room A, Marjory Stoneman Douglas Building, DEP, 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 5 days before the workshop/meeting by contacting: Kerry Drakes, DEP, Division of State Lands, Bureau of Appraisal, MS 110, 3900 Commonwealth Blvd., Tallahassee FL 32399-3000, [phone], [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 IS: Kerry Drakes, above

THE FULL TEXT OF THE PROPOSED RULE IS:

18-1.001 Purpose and Intent.

State land acquisition procedures provided for in this rule are for voluntary, negotiated acquisitions under agreements for purchase, option or exchange. The purpose and intent of this chapter is to provide uniform and efficient procedures for the acquisition of interests in real property, and donation of such interests, title to which will vest in the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, in accordance with legal requirements and sound business practice. As used in this chapter, Section 253.025, F.S., shall mean and refer to the acquisition of non-conservation lands, and Section 259.041, F.S., shall mean and refer to the acquisition of conservation lands.

Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended________.

 

18-1.002 Definitions.

When used in this chapter, the following shall have the indicated meaning unless the context clearly indicates otherwise:

(1) “Acquiring aAgency” means a state agency initiating acquisition of land or for whose benefit land is being acquired, title to which will vest in the Board. The term “acquiring agency” does not include the Board or the Division acting on behalf of the Board. In cases where the Division, acting for the Board, is the acquiring agency, and this rule requires that the acquiring agency submit documents or information to the Division, the Division shall acquire such documents or information.

(2) through (3) No change.

(4) “Appraisal services” means valuation work in the form of an appraisal, appraisal review or appraisal consulting assignment, as outlined in the USPAP.

(5) “Appraiser” means one who is expected to perform appraisal services competently and in a manner that is independent, impartial and objective.

(6)(4) “Approved aAppraisal” means an appraisal service that has been approved accepted by the Chief Appraiser, Bureau of Appraisal, Division of State Lands, or designee as in compliance with USPAP, the Supplemental Standards, this chapter, and the specific assignment requirements., for use in calculating the amount that the state can pay for property.

(7)(5) “Approved aAppraisal oOrganization” means an appraisal organization that has been approved by the Board pursuant to this rule is a member of the Appraisal Foundation, a foundation authorized by the United States Congress as the source of appraisal standards and appraiser qualifications.

(8)(6) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(9)(7) No change.

(10)(8) “Certified sSurvey” means a boundary survey, as further defined in Rule 18-1.005, F.A.C., which is certified, signed and sealed by a professional registered surveyor and mapper authorized to practice surveying in the State of Florida, and. The survey must be approved by the Division’s Bureau of Survey and Mapping as being in compliance with the mMinimum tTechnical sStandards for lLand sSurveying in Florida as established by the Florida Department of Business and Professional Regulation, and such additional requirements as may be determined by the Division to be necessary to meet the intent of the statute or and this rule. The survey shall accurately portray to the greatest extent practicable the condition of the parcel’s boundaries, improvements and encumbrances as it currently exists. 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, and easements, or claims of easements not shown by the public records from the owner’s title policy and the Division.

(11)(9) No change.

(12) “Conservation lands” shall be defined as provided in Rule 18-2.017, F.A.C.

(13)(10) “Cooperating aAgency” means a local government, water management district, or a nonprofit an organization as defined in Section 253.025(6)(d), F.S. or 259.041(7)(e), F.S., that has entered into an acquisition agreement with the Division to assist in the acquisition of acquire specific property by the Board.

(11) through (12) renumbered (14) through (15) No change.

(16)(13) “Evidence of mMarketable tTitle” means assurance of the marketability of the land being acquired, in the form of either a marketability title commitment and policy (American Land Title Association [ALTA] Form B with Florida revisions), or a complete, certified abstract from earliest public records to the time of deed recording, with a marketability title opinion prepared by an attorney licensed to practice law in Florida. The coverage, form and exceptions of the either title insurance must be or title opinion is subject to the approvedal by of the Division in order to assure that title is marketable and compatible with the purposes of the acquisition the State’s interests are fully protected. The terms “Title Policy” and “Title Commitment” “Title Opinion” are included within this definition.

(14) “Secretary” means the Executive Director, Department of Environmental Protection.

(15) through (17) renumbered (17) through (19) No change.

(20)(18) “Market vValue” means the most probable price in cash or terms equivalent to cash for which the appraised property will sell, as further defined in the Supplemental Standards in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently and knowledgeably, and assuming that neither is under undue duress.

(21)(19) “Option aAgreement” means a purchase instrument that is which becomes binding on both parties at the time of execution, but subject to Board approval and to the exercise of an option or options.

(22)(20) No change.

(23)(21) “Purchase iInstrument” means one of the various types of contracts to purchase property, including purchase agreements, option agreements, exchange agreements and other forms of such agreements.

(24) “Secretary” means the Secretary of the Department of Environmental Protection.

(25)(22) No change.

(26) “Supplemental Standards” means the Supplemental Appraisal Standards for Board of Trustees Land, dated [effective date], which contains appraisal requirements that establish public policy and add to the standard appraisal procedures and practices of the appraisal profession for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 259, F.S., adopted by the Board of Trustees of the Internal Improvement Trust Fund, available on the internet at: http://www.dep.state.fl.us/lands/appraisal/ or by sending a request to: Department of Environmental Protection, Bureau of Appraisal, 3900 Commonwealth Boulevard, M.S. 110, Tallahassee, Florida, 32399-3000 or by phone at [phone] or by fax at [phone].

(27)(23) No change.

(28)(24) “USPAP” means the Uniform Standards of Professional Appraisal Practice, effective July 1, 2006, which contains the generally accepted standards of the appraisal profession that deal with the procedures to be followed in developing an appraisal, analysis, or opinion and the manner in which such appraisal, analysis, or opinion is communicated, as promulgated by the Appraisal Foundation, available on the internet at: http://www.appraisalfoundation.org or by directing your request to: The Appraisal Foundation, 1155 15th Street, N. W., Suite 1111, Washington, DC 20005.

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,________.

 

18-1.003 General Requirements.

(1) Neither the Board nor its agent shall commit the State to the purchase of land, through any instrument of negotiated contract or agreement for purchase, unless the provisions of Section 253.025, F.S. and of this rule, have been complied with. However, the Board may substitute alternate procedures for this rule and for the provisions of Section 253.025, F.S. as follows:

(a) Federally mandated acquisition procedures may be used when federal funds are available, and will be utilized for the purchase of land, and qualification for such federal funds requires compliance with federally-mandated acquisition procedures; or

(b) Federal appraisals may be used when, pursuant to a joint federal and state acquisition project, lands are being acquired by the Board for anticipated sale, conveyance, or transfer to the Federal Government; or

(c) Department of Transportation appraisal procedures may be used when abandoned railroad rights-of-way are to be appraised.

(2) The Board may waive any provision of this rule and Section 253.025, F.S., when land is being conveyed to the Board from another State agency, except that except that the maximum amount requirements of paragraph 253.025(6)(e), F.S., may not be waived.

(1)(3) Prior to any acquiring agency initiating acquisition of property, the agency shall contact the Division to determine the availability of existing suitable state-owned lands in the area which meet the public purpose for which the acquisition is being proposed. If the acquiring agency determines that no suitable state-owned lands exist, it may proceed to acquire the property by employing this rule and all available statutory authority for acquisition. For purposes of the acquisition of conservation lands this subsection, the adoption of the council Conservation and Recreation Lands (CARL), the Save Our Coast (SOC), and the Land Acquisition Trust Fund (LATF) acquisition lists by the Board pursuant to Sections 259.04, 253.023 and 375.041, F.S., or other land acquisition program lists constitutes a finding that no suitable replacement lands exist.

(4) All conveyances to the Board of fee title in land shall be by no less than a special warranty deed, unless the conveyance is from the Federal Government, county government, other state agency, or, if a gift or donation by quitclaim deed, if the Board, or its designee, determines that accepting such quitclaim deed is in the best interest of the public. The Board may accept a quitclaim deed to aid in clearing title or boundary questions.

(2) For all appraisals services required by the Board and obtained by an acquiring agency or other entity, appraiser selection will be in accordance with this Chapter.

Specific Authority 253.025(12), 259.041 FS. Law Implemented 253.03, 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90,________.

 

18-1.004 Title.

(1) Initial Title Report. In order for the Division to obtain appraisals, the acquiring agency shall furnish to the Division a title report, including an adequate legal description, of the property to be acquired sufficient to inform the Division and the fee appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history shall be obtained. If an acquiring agency has initiated the acquisition or the acquisition is for the benefit of an acquiring agency, then the title report shall be furnished to the Division by the acquiring agency. This information shall be furnished in a form determined by the Division to be sufficient for these purposes.

(2) Evidence of Marketability.

(a) A title commitment Final evidence of marketable title shall be obtained by the Division, at the acquiring agency’s cost if an acquiring agency is involved in the acquisition, provided by the landowner prior to the conveyance of title. The form and content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition is subject to the approval of the Division in order to assure that the State’s interests are fully protected. The Board may waive the requirement that the landowner provide evidence of marketable title; and in that case the acquiring agency shall provide evidence of marketable title. If a title policy is to be furnished as evidence of marketable title, the final policy must be preceded by a title commitment. Title insurers issuing title policies, abstractors preparing abstracts, and attorneys issuing marketability opinions must be approved by the Division, in order to assure that the State’s interests are fully protected.

(b) No change.

(3) Condition of Title. The objective of negotiations for acquisition of property is to obtain all the landowner’s rights, title and interest in the property, together with such rights as are necessary for the planned management or conservation of the property. All exceptions, reservations, encroachments or other adverse conditions that which are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the Division and the acquiring agency, if any, and evaluated in writing as to possible adverse effect on the objectives of the agency in acquiring the property. The acquiring agency shall notify the Division of all such exceptions, reservations, encroachments or adverse conditions and the agency’s evaluation of those matters as soon as practicable. All such matters potentially having an adverse effect on acquisition goals which become apparent prior to Board approval will be disclosed to the Board at the time of approval.

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,________.

 

18-1.005 Appraisal Map and Survey.

(1) For each project or parcel of property the acquiring agency shall submit to the Division shall provide for use by the fee appraisers, at acquiring agency’s cost if an acquiring agency is involved in the acquisition, either a certified survey or appraisal map containing an adequate legal description of the property. The survey or appraisal map will be subject to the approval of the Division for compliance with standards set forth in this rule.

(2) Prior to closing, a certified survey must be obtained, at the submitted by the landowner or the acquiring agency’s cost if an acquiring agency is participating in the acquisition unless the following criteria has been met:

(a) The parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;

(b) The parcel is located within a subdivision or in a Section in which the controlling land corners have been recently surveyed and the survey drawing is acceptable for computing acreage;

(c) The parcel is in its unimproved condition;

(d) Although the parcel lines were not surveyed, it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed by the state;

(e) The parcel was visually inspected; and

(f) The managing agency concurs that the parcel does not need to be surveyed.

to the Division for final approval. In cases in which a survey cannot be practically completed or in which the cost of the survey would be prohibitive relative to the expected value of the parcel, the requirement for such certified survey may, in whole or in part, be waived by the Board of Trustees.

(3) The acquiring agency shall have the authority to reimburse the owner for all or part of the cost of the survey when deemed to be in keeping with the purposes of Section 253.025, F.S., by the head of the agency or his designee. Such reimbursement will not be considered a part of the purchase price.

Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 10-30-91,____________.

 

18-1.006 Appraisal Procedures, Report Requirements and Determining Maximum Amounts.

(1) The development and reporting of all appraisal services Techniques and methods used by the fee appraiser shall be consistent with the Uniform Standards of Professional Appraisal Practice. USPAP, Supplemental Standards, this chapter and the specific assignment. The Division shall prepare a report format substantially consistent with the Uniform Standards of Professional Appraisal Practice, that shall be used by the fee appraiser. The Supplemental Standards are hereby adopted by reference.

(2) The acquiring agency shall provide, or coordinate through the Division, to the fee appraiser all pertinent title information developed, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, minimum appraisal requirements that apply, required appraisal forms or formats, and a certified survey or appraisal map.

(3) The appraisal report shall state any extraordinary assumption or hypothetical condition made by the appraiser in determining market value and shall document and adequately support the fee appraiser’s estimate or conclusion as to value. The report shall include a description of the location, size, shape, topography, access, highway or water frontage, and present zoning of the property. It shall include a description of utilities, if any, and a detailed description of any appurtenances. The report shall address other factors relevant to the development potential of the property including, but not limited to, local government land use restrictions and permit moratoria, environmental sensitivity of the property, and the likelihood of obtaining any pending or required local, state or federal permits. In determining land value, the fee appraiser shall primarily consider the present market value of the property. This market value, as much as practicable, should be based on comparable arm’s length sales of similar property. If the fee appraiser uses comparable sales in determining land value, he shall thoroughly describe each such sale including the date of sale, a brief legal description, the present use, the highest and best use, the official record book and page where the transaction is recorded, the grantor and grantee, the purchase price, the terms and conditions of the sale, and when and with whom verified. The fee appraiser also shall consider the present use of the subject property, taking into consideration any local or state land use regulation and any moratorium imposed by executive order, law, ordinance, regulation, resolution, or proclamation adopted by any governmental body or agency or the Governor when the moratorium prohibits or restricts the development or improvement of property as otherwise authorized by applicable law. The report also shall address the highest and best use to which the property can be expected to be put in the immediate future. The term “immediate future” as used in this section means a period of time not to exceed 5 years. In addition, the report also shall consider the cost of the property and the present depreciated reproduction/replacement costs of any improvements thereon, the condition of the property, and any income from the property.

(4) In accordance with Section 253.025(6)(f), F.S., tThe appraisal report shall be accompanied by a sales history of the parcel for at least the prior five years. Such sales history shall list the parties to each transaction involving the subject parcel as well as the consideration paid with the amount of consideration verified, if possible. The report also shall show the tax assessed value for the previous five years. This requirement shall be waived under the following conditions: If the sales history required by Section 253.025(6)(f), F.S., 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) through (b) No change.

(5) When two appraisals are required under Section 253.025(6)(a), F.S. or 259.041(7)(b), F.S., a third appraisal shall be obtained if the two appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value. However, a third appraisal shall not be obtained if the decision is made by the Director to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals.

(6) No change.

(7) All appraisals, as well as offers and counter offers shall be confidential, and exempt from the provisions of Chapter 119, F.S., except that:

(a) The Division and a water management district created under Chapter 373, F.S., may disclose and share appraisal reports or appraisal information pursuant to Section 373.139, F.S. The Division or District desiring to review an appraisal must make a written request and give a written receipt for such appraisal. The confidentiality of shared appraisals or appraisal information shall be maintained in accordance with Sections 253.025(6) and (7), F.S., Section 373.139(3), F.S., Section 259.041(7)(e), F.S., and this chapter rule, and procedures established by the Division, to ensure confidentiality.

(b) No change.

(8) 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,_________.

 

(Substantial rewording of Rule 18-1.007 follows. See Florida Administrative Code for present text.)

18-1.007 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. The appraiser has applied to the Bureau of Appraisal to be placed on the list of approved appraisers.

b. The appraiser meets the eligibility requirements of Section 253.025 or 259.041, F.S. and this chapter.

c. The appraiser is a state certified appraiser.

d. The appraiser demonstrates a level of general appraisal competence through past appraisal experience. An acceptable level of general appraisal competence and quality shall be demonstrated by the submission of an appraisal report prepared for a business client within the previous two years that substantially complies with the USPAP.

e. The appraiser identifies any specialty property types, as outlined in the Supplemental Standards, for which he professes appraisal expertise and competence in accordance with the USPAP.

2. The Chief Appraiser will request that the appraiser submit annual reaffirmation of interest in and update his documentation in order to remain on the list of approved appraisers.

3. Removal of the appraiser’s name from the list of approved appraisers shall be made at the appraiser’s request, by failure to submit annual reaffirmation of interest or updated documentation after notice, for unsatisfactory performance, for disciplinary action given by the FREAB or for material non-compliance with contract terms. If an appraiser’s name is removed from the list pursuant to this rule, he must comply with the requirements of this rule to be placed back on the list of approved appraisers and if disciplined by the FREAB, supply evidence that he has fulfilled all requirements of the disciplinary action.

(2) Multiple Year Appraiser Contracts Eligibility and Selection. For cost and time efficiency regarding future appraisal services, appraisers will be selected and placed under multi-year contracts. Selection procedures shall be as follows:

(a) Only appraisers whose name appears on the list of approved appraisers will be invited to submit proposals to perform appraisal services under a multiple year contract arrangement.

(b) Invitations to submit proposals for multiple year contracts shall be issued by the Division of State Lands, Bureau of Appraisal, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000. The Bureau of Appraisal shall be the sole point of contact.

(c) When the Bureau of Appraisal has received proposals and after the invitation closing date, the appraisers’ proposals will be evaluated for the purpose of awarding future multi-year contracts according to the following criteria listed in order of importance and scored based on a point system maintained by the Bureau of Appraisal:

1. Quality of previous work, if any, performed as a result of appraisal assignments through the Division. This includes evaluating appraisals on the basis of documentation and reasoning; accuracy and clarity of the report; methodology, techniques and support; responsiveness to review questions; the appraiser’s understanding of the nature and scope of the appraisal assignment. The maximum points for this quality of previous work category is 25.

2. Attainment of professional appraisal designations awarded by approved appraisal organizations. For a commercial designation 9 points are awarded and for a residential designation 4 points are awarded, for a possible total of 13 points.

3. Professional appraisal-related education or teaching experience. For each appraisal course or seminar credit hour attended or taught during the prior two years, one-tenth point is awarded up to a maximum of 12 points for 120 classroom hours.

4. Other pertinent factors and specialized requirements outlined in the request for proposal, such as the appraiser’s quality assurance process and ability to prioritize Division assignments.

(d) Selection shall be made by an appraiser selection committee composed of the Director, the Chief Appraiser and the Chief of the Division’s Bureau of Land Acquisition, or their designated representatives.

(e) The Chief Appraiser shall provide a summary and recommendation to the appraiser selection committee of the various proposals submitted.

(f) When selecting appraisers for multiple year contracts, the committee shall consider the various factors set forth in the request for proposal, the appraiser’s submitted proposal and the standards and criteria of this rule.

(3) Specific Project Appraiser Bid Solicitation and Selection. When an agency proposing an acquisition has determined that appraisal services are required, the agency shall contact the Division’s Bureau of Appraisal and request that such services be obtained. Through competitive bidding, multiple bids will be sought with the objective of obtaining the best possible services efficiently and at the most reasonable cost.

(a) Appraisers to be solicited for bids will be from those under multiple year contract or those on the approved appraiser list with competency in the area of specialization required by the proposed appraisal assignment. The solicitation will include selection criteria to be used in making the final selection of the appraiser to be awarded the appraisal services required.

(b) Appraisers will be required to comply with Section 259.041(7)(c) or 253.025(5)(b), F.S. and submit an affidavit substantiating that they have no vested or fiduciary interest in any property for which appraisal services will be awarded.

(4) For increased time and cost efficiency, for recurring needs for additional appraisal services in a specific project area or for a specific parcel, use of the same appraisers used for these previous services is allowed.

(5) Appraisal reviews are appraisal services that will be conducted for each assignment by qualified review appraisers in accordance with the USPAP competency requirements. Appraisal review reports shall be submitted to the Chief Appraiser or his designee for approval.

(a) In accordance with Section 259.041, F.S., conservation land acquisition appraisals, for parcels with values greater than $500,000 an appraisal review will be developed and reported according to the requirements of Standard 3 of the USPAP, the Supplemental Standards, this chapter, and the specific requirements of the assignment. For parcels with values of $500,000 or less, a cursory review by the Bureau of Appraisal will be conducted for assurance that requirements of the assignment were met. For every 20th appraisal for conservation land acquisition with a value of $500,000 or less, a Standard 3 review, as described above, will be developed and reported for quality assurance purposes.

(b) In accordance with Section 253.025, F.S. non-conservation land acquisition appraisals, for parcels with values greater than $250,000 an appraisal review will be developed and reported according to the requirements of Standard 3 of the USPAP, the Supplemental Standards, this chapter, and the specific requirements of the assignment. For parcels with values of $250,000 or less, a cursory review by the Bureau of Appraisal will be conducted for assurance that requirements of the assignment were met.

(c) For all non-acquisition appraisal services such as for disposition, leases and easements, a review will be completed for assurance that the requirements of the assignment were met.

(6) Appraisers to be solicited for appraisal review assignments, as identified in paragraph (5)(a), above, will be from those on the approved appraiser list, under a multiple year contract and who possess competency for review work in accordance with the USPAP.

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,________.

 

18-1.008 Negotiations.

(1) The Division, or the acquiring agency if any, may initiate acquisition negotiations upon receipt of the approved required number of appraisal reports approved by the Chief Appraiser in accordance with subsection 253.025(6), F.S or 259.041(7), F.S. The Division may negotiate and enter into an option agreement for acquisition of conservation lands prior to or after the receipt and approval of appraisals, subject to the conditions established in Section paragraph 259.041(7)(f) 253.023(7)(b), F.S., and this chapter rule. All owner contact shall be documented in the appropriate acquisition file of the Division or acquiring agency. Initial contact with the landowner by the Division or acquiring agency may be established prior to negotiations, provided that such contact is limited to the following:

(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner’s permission for the Division or the acquiring agency to inspect the property in order to determine its suitability for the purposes of the Division or the acquiring agency.

(b) No change.

(c) To explain in general terms that the possible tax advantages for of land donations and bargain sales to the State may exist, and to recommend the owner confer with his tax adviser about the possibility of such advantages.

(d) To request written permission from the owner in order to have his property appraised by State fee appraisers.

(e) through (j) No change.

(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. In the course of negotiations the Division or the acquiring agency, if any, shall recommend that the owner confer with his tax adviser to discuss the advantages of a donation or and bargain sale. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Division or the acquiring agency shall apprise the seller of the benefits of obtaining a safe upland line survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey. In making an offer the Division or the acquiring agency shall consider the benefit to the owner of a single cash payment in relation to the maximum offer allowed by law. Under no circumstances will the final purchase price for non-conservation lands exceed the value established pursuant to Section paragraph 253.025(7)(e), F.S., and this chapter rule.

(3) Upon the initiation of negotiations the Division or the acquiring agency, as applicable, shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the Division or the acquiring agency.

(4) All offers and counter-offers shall be in writing, and shall be confidential and exempt from the provisions of Section 119.07(1), F.S., under the conditions of Sections paragraph 119.0711(2), 253.025(7)(d), or 259.041(8)(c), F.S.

(5) Purchase negotiations for the acquisition of any land from the Florida Forever Trust Fund, the Conservation and Recreational Lands Trust Fund or Land Acquisition Trust Fund shall be initiated within six months of approval by the Division of appraisals of property on the lists developed pursuant to 259.035, F.S. The Quarterly Report of the Department of Environmental Protection to the Board will contain a report on the status of all said acquisition projects, with a recommendation as to any project, or portion of a project, which should be abandoned in accordance with subsection 253.025(5), F.S.

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, ________.

 

18-1.009 Purchase Instruments.

(1) The final negotiated purchase shall be placed in the form of a written purchase instrument, signed by the owner and, if applicable, approved by the head of the agency, or by the designated representative of the acquiring agency. Option agreements entered into prior to approval of the appraisals must be signed on behalf of the Board by the Secretary Executive Director or the Director. Option agreements should be utilized, under the procedures set forth in this rule, when necessary to protect the interests of the State in purchasing property owned by more than one person, where it is not feasible or desirable to include all such owners on one purchase instrument.

(2) When an The acquiring agency is negotiating the acquisition and obtaining the owner’s signature on a purchase instrument, the acquiring agency shall may prepare and use a any form of purchase instrument approved by the Director as meeting the intent of the law and this rule.

(3) Before the acquiring agency executes the purchase instrument is submitted to the Board for approval, the provisions of Section 286.23, F.S., shall be complied with.

(4) No change.

Specific Authority 253.025(12), 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended________.

 

18-1.010 Exchanges.

(1) No change.

(2) Prior to the closing of any exchange the real property to be conveyed by the Board Trustees must comply with all applicable legal requirements pertaining to surplus real property owned by the Board. Acquisition of the land to be conveyed to the Board must be in accordance with Section 253.025, F.S. or 259.041, F.S. and this chapter rule.

Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended________.

 

18-1.011 Board Action.

(1) Within ten days after the execution by an owner of a the purchase instrument for an acquiring agency, the acquiring agency will furnish the following to the Division:

(c) Evidence of the marketability of the title. The Division may agree to defer submittal and approval of the title opinion or title commitment policy until after Board approval of the purchase instrument. In such case the acquiring agency shall provide the Division with a copy of the owner’s deed to the property. Division must approve the opinion or policy prior to closing.

(a) through (b) No change.

(d) No change.

(e) A letter from the acquiring agency stating that the inventory of existing State-owned lands was examined and contains no suitable available land for the agency’s use, or that the property proposed for purchase is within a project on the council or other land acquisition program CARL, SOC or LATF lists.

(f) A written statement by the acquiring agency outlining the public purpose for which the acquisition is being made, citing statutory authority, or stating that the property proposed for purchase is within a project on the council or other land acquisition program CARL, SOC or LATF lists.

(g) through (i) No change.

(j) All the details pertinent to the acquisition not included in this list or in the purchase instrument.

(2) No change.

(3) The Division shall submit the proposed acquiring agency acquisition for consideration by to the Board in time for the Board to approve or reject it within 45 days after its receipt from the acquiring agency by the Division of the materials required by paragraphs (1) and (2), above. The Division shall supply a copy of the proposed purchase instrument and all supporting documentation to the Board for its review.

(4) The Board must authorize all acquisitions of land, title to which will vest in the Board, prior to purchase, and pursuant to the provisions of Chapters 253 and 259, Florida Statutes, all acquisitions of land title to which will vest in the Board whether or not the acquisition is on behalf of an acquiring agency. The Board may approve, approve with modification, or reject a proposed acquisition. The Board may reconsider a rejected proposal for acquisition at any time.

(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)(7), F.S. or 259.041(7), F.S., to determine the maximum offer allowed by law except as otherwise provided by law this rule.

(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, _________.

 

18-1.012 Closing.

(1) No change.

(2) The Division or the acquiring agency, if any, shall obtain all disclosures of beneficial interest required in Section 286.23 F.S., before submitting entering into a purchase instrument to the Board for approval. All other disclosures, including those required by subsections 375.031(1) and 380.08(2), F.S., shall be obtained no later than 10 days prior to closing. Appropriate disclosures shall be filed with the Department of State as required by law. Disclosures not required by statute may be waived by the Director in the case of acquisitions of property for a price of $250,000 or less where the Director finds that the difficulty on the person providing such disclosures outweighs the value of the disclosed information to the Department or the acquiring agency. The following information shall also be included in the statement supplied by the owner no later than 10 days prior to closing:

(a) through (c) No change.

(3) The Division acquiring agency shall be responsible for proper completion of the closing, and proper recordation of all legal documents necessary to vest title in the Board and payment of required fees.

(4) All original documents including recorded documents shall be forwarded to the Division within 30 days after receipt by the closing agent acquiring agency from the county clerk or closing agent. All such documents shall be accompanied by a written signed statement from the acquiring agency indicating that all documents have been approved as to form and legality by the attorney for the acquiring agency.

Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended_________.

 

18-1.013 Donations.

(1) The Board may accept donations of land under the following conditions:

(a) No change.

(b) Evidence of marketable title must be supplied either by the landowner, the Division, or the acquiring receiving or managing agency. The Board may waive the requirement of evidence of marketability for acquisitions of property assessed by the county property appraiser at $10,000 or less, where the Division of State Lands finds, based upon such review of the title records as is reasonable under the circumstances, that there is no apparent impediment to marketability, or to management of the property by the state. The Board may accept a dedication, gift, grant, or bequest of lands and appurtenances without formal evidence of marketability if, upon recommendation by the Division, the Board determines that such lands and appurtenances have value and are reasonably manageable by the state, and that their acceptance is in the public interest.

(c) The Division Bureau of Survey and Mapping must verify that the State of Florida has no title or sovereignty interest in the land.

(d) No change.

(e) An acceptable survey must be submitted to and approved by the Division in accordance with this chapter rule. The acquiring receiving or managing management agency of the donated land may provide a current certified survey, in the event such survey is not provided from another source. The survey requirement shall may be waived by the Board, if the Board determines that the donated lands are in their natural unimproved condition and no improvements are contemplated, if the donated lands are completely surrounded by State-owned lands, if a survey cannot practically be completed, or where the cost of the survey would be prohibitive relative to the expected value of the parcel.

(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, _________.

 

18-1.014 Multi-Party Acquisitions.

(1) The Division may enter into an acquisition agreement with a water management district, a local government or a nonprofit an organization as defined in Section 253.025(6)(d) or 259.041(7)(e), F.S., for any property that which has been authorized for acquisition pursuant to Section 253.025 or 259.041, F.S.

(2) No change.

(3) An acquisition agreement may provide for the sharing of appraisals, offers, and other negotiation matters, between the Division and cooperating agency; provided, however the agreement shall require the cooperating agency to follow Division procedures and this chapter when acquiring appraisals and to deliver to the Division all negotiation files after negotiations with the owner have terminated. However aAs a condition of the sharing of such confidential information, the cooperating agency must agree to maintain on its behalf and on behalf of its employees and agents, the confidentiality of appraisals, offers, and other negotiation matters, as required by Section 253.025 or 259.041, F.S., whichever is applicable, and this chapter rule, and the cooperating agency must identify the individuals within the cooperating agency who will have access to confidential information, and obtain the consent of the Division prior to disclosing the information to any other person.

Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 1-29-90, Amended 1-2-91, 10-30-91, _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kerry Drakes
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 5, 2007 and May 4, 2007