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

(1) The development and reporting of all appraisal services shall be consistent with the Supplemental Standards, this chapter, the specific assignment, and Part II of Chapter 475, F.S. If the estimated value is $100,000 or less, the Department shall waive any portion of the Supplemental Standards when best professional judgment demonstrates that it would not be detrimental to a credible assignment result.

(2) The acquiring agency shall provide, or coordinate through the Division, to the 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 appraiser’s estimate or conclusion as to value.

(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, with the following exceptions:

(a) The appraisal assignment consists of 25 or more parcels;

(b) Each parcel is 20 acres or less in size; and,

(c) The most recent just value, as determined by the county property appraiser, is $75,000 or less.

(5) When two appraisals are required under Section 253.025(6)(a) 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) Determining the maximum amount.

(a) The maximum amount that may be paid by the State 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 divergency.

(b) If two appraisals are required by law and their values do not differ significantly, the maximum amount that may be paid by the State for the parcel shall be the higher value indicated in the two approved appraisals.

(c) If a third appraisal is obtained and approved, the maximum amount that may be paid for the parcel shall be the value contained in the higher of the two closest appraisals as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two appraisals shall be the maximum value.

(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), 373.139(3), 259.041(7)(e), F.S., and this chapter.

(b) The Division may also disclose appraisal information to, or use an appraisal provided by a cooperating agency, pursuant to an informal acquisition agreement.

1. If the Division is disclosing the appraisal information, the agreement shall identify the individual who will have custody of the appraisal report, individuals within the cooperating agency who will have access to the appraisal information and require the written consent of the Division prior to disclosing the information to any other person.

2. If the cooperating agency is to provide the appraisal, the appraisal must be made by an appraiser on the Division’s list and must be reviewed and approved by the Division. Such appraisal shall be subject to the same confidentiality restrictions as an appraisal provided by the Division.

(8) Appraisal fees and all direct incidental expenses shall be paid by the acquiring agency proposing the acquisition.

(9) When the Division requests the release of funds for appraising CARL, Save Our Coast, or Land Acquisition Trust Fund parcels, the Board shall be provided a status report indicating when negotiations for acquiring such parcels were or will be initiated.

Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041, 373.139 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 1-2-91, 10-30-91, 4-14-08, 6-15-10, 3-2-16.