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Florida Administrative Code (Last Updated: April 18, 2024) |
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18. Board of Trustees of The Internal Improvement Trust Fund |
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D18. Departmental |
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18-1. State Land Acquisition Procedures (Formerly 16q-3) |
1(1) The Board will consider accepting donations of land if the following conditions are met:
16(a) The conveyance must be by no less than a special warranty deed, unless the conveyance is from the Federal Government, a county government, or another state agency or, if a gift or donation by quitclaim deed, the Board determines that accepting such quitclaim deed is in the best interest of the public.
69(b) Evidence of marketable title must be supplied either by the landowner, the Division, or the acquiring or managing agency or waived in accordance with Section 95253.025 96or 97259.041, F.S., 99as applicable.
101(c) The Division must verify that the State of Florida has no title or sovereignty interest in the land.
120(d) A determination as to who will manage the land must be made by the Division.
136(e) An acceptable survey must be submitted to and approved by the Division in accordance with this chapter. The acquiring or managing 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 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.
243(2) Appraisal of donated lands and appurtenances shall not be required as a condition of receipt of such land by the State.
265(3) Where less than fee simple title is to be donated, or to aid in clearing the title or otherwise resolving a boundary or title question in any acquisition, the Division may accept less than a special warranty deed, provided staff legal counsel recommends acceptance of such a conveyance.
314Rulemaking Authority 316253.025, 317259.041 FS. 319Law Implemented 321253.025, 322259.041 FS. 324History–New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, 3-2-16.
