 |
Florida Administrative Code (Last Updated: November 11, 2024) |
 |
40. Water Management Districts |
|
40B. Suwannee River Water Management District |
|
40B-9. Water Management Lands Acquisition Procedures |
1(1) 2Bona fide 4offers for sale.
7The District’s land acquisition process is initiated when the District receives from an owner of real property a 25bona fide 27offer for sale to the District. A 34bona fide 36offer is one which includes:
41(a) The county property appraiser’s tax parcel identification number;
50(b) An aerial map or other documentation upon which the property boundaries are shown or described;
66(c) A copy of the deed showing the current owner of record for the property being offered;
83(d) The owner’s initial asking price for the property;
92(e) Identification of any easements, deed restrictions, mineral interests, or other rights held by persons other than the fee title owner; and,
114(f) Identification of any existing purchase agreement, option contract, listing agreement, or any other agency arrangement or agreement entered into by the seller relating to the subject property.
142(2) Criteria for evaluation of 147bona fide 149offers.
150Upon receipt, District staff will evaluate all 157bona fide 159offers for sale of real property to determine the extent to which the acquisition will contribute to achieving the goals in Section 181259.105(4), F.S., 183and provide a recommendation for disposition to the Governing Board.
193(3) Following Governing Board approval of a property for state priority funding, the following due diligence must be completed prior to a contract for sale:
218(a) Evidence of good and sufficient fee title to the property in the seller must be provided by the seller to the District.
241(b) The property owner must provide access to the District and its agents as needed to obtain appraisals as required under Section 263373.139(3)(c), F.S., 265which include an Environmental Site Assessment and baseline inventory reporting. The appraisal must be performed by a qualified appraiser who is registered, licensed, or certified under Part II, Chapter 475, F.S. The Phase I environmental site assessment must be performed by a professional certified in environmental assessment as the District deems appropriate.
317(4) Contracts for sale.
321The Governing Board must adopt a purchase resolution which authorizes the Executive Director to execute a contract specifying the source of funds for the land to be acquired.
349(5) Donations of land to District.
355The District may accept donations or gifts of real property interests. In such event the provisions of this section shall be followed, except that the requirement for an appraisal may be waived upon concurrence of both the property owner and the District.
397Rulemaking Authority 399373.044, 400373.083, 401373.139 FS. 403Law Implemented 405373.013, 406373.139, 407373.59 FS. 409History–New 3-1-83, Amended 5-26-88, 5-31-09, 5-9-17.
