The purpose of the proposed rule development is to clarify and revise rule provisions to the Land Acquisition Procedure rules. This makes minor changes to Land Acquisition rule sections: Definitions, Title Reports, Appraisal ....

 

NAVIGATION DISTRICTS

Florida Inland Navigation District

RULE NOS.:RULE TITLES:

66B-3.002Definitions

66B-3.005Title Reports

66B-3.007Appraisal Procedures

66B-3.008Determining the Maximum Amount

66B-3.009Appraiser Selection

66B-3.013Multi-Party Acquisitions

PURPOSE AND EFFECT: The purpose of the proposed rule development is to clarify and revise rule provisions to the Land Acquisition Procedure rules. This makes minor changes to Land Acquisition rule sections: Definitions, Title Reports, Appraisal Procedures, Determination of Maximum Amount, Appraiser Selection and Multi-Party Acquisitions.

SUMMARY: The amendments being proposed at this time will clarify or make changes suggested by JAPC staff.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1), F.S. and 2) Based upon the nature of the rule, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S. It is anticipated that the proposed rule will not have any negative economic impact.

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.

RULEMAKING AUTHORITY: 374.984(3) FS.

LAW IMPLEMENTED: 374.984(1)-(3) 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: January 8, 2021, 11:00 a.m.

PLACE: Florida Inland Navigation District, 1314 Marcinski Rd., Jupiter, Florida 33477

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: Janet Zimmerman, Assistant Executive Director, Florida Inland Navigation District, 1314 Marcinski Rd., Jupiter, FL 33477, Phone: [phone]. 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: Janet Zimmerman, Assistant Executive Director, Florida Inland Navigation District, 1314 Marcinski Rd., Jupiter, FL 33477, Phone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

66B-3.002 Definitions

(1) through (11) No change.

(12) “State Certified General Appraiser” means a real estate appraiser who has been certified by the State Florida Board of Real Estate Appraisers as a certified general appraiser under the provisions of Chapter 475, F.S.

(13) No change

(14) “Uniform Standards of Professional Appraisal Practice” means 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.

Rulemaking 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

66B-3.005 Title Reports

(1) through (2) No change

(3) The District shall waive the requirement of the evidence of marketability for acquisition of property assessed by the county property appraiser at $15,000 $10,000 or less, where the District 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 and use of the property by the District.

(4) No change

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

66B-3.007 Appraisal Procedures

(1) All appraisal reports shall be prepared by or under the direct supervision of a State Certified General Appraiser, who shall sign the appraisal report. Techniques and methods used by the fee appraiser shall be consistent with the Uniform Standards of Professional Appraisal Practice which are hereby incorporated by reference.

(2) through (5) No change

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

66B-3.008 Determination of Maximum Amount

(1) The maximum minimum amount that may be paid by the District for a parcel to be acquired shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergence.

(2) through (6) No change

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

66B-3.009 Appraiser Selection

The selection of fee appraisers shall be accomplished as follows.

(1) The District will determine whether the appraiser is a State Certified General Appraiser state certified appraiser pursuant to subsection 66B-3.002(12), F.A.C., and is a MAI designated appraiser. The name of each appraiser who is determined to be eligible will be placed on a list of approved appraisers for the appraisal project.

(2) through (3) No change

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

66B-3.013 Multi-Party Acquisitions

(1) The District may enter into an acquisition agreement with a water management district, a local government, a member county, or a navigation related district for any property which has been determined in a long range dredged material management plan or plan update approved by the Board to be necessary for dredged material management of the Atlantic Intracoastal or and Okeechobee Waterways in Florida.

(2) through (3) No change

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Zimmerman

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Commissioners, Florida Inland Navigation District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2020