62-821.006. Negotiation of Offers and Counteroffers

(1) It shall be the goal of the Trust and the Recipient that the Acquisition of the real property be negotiated at the best price and terms that can be negotiated in the interest of the project’s public purpose, with preference given to a purchase price at or below the maximum amount. The objective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances, conditions, restrictions and reservations that would impede the purposes or management of the Project Site. In the course of negotiations the Trust may discuss the advantages of a Donation and bargain sale. If the real property to be acquired is not already surveyed and the acreage of the site is not known, the Owner shall be advised of the benefits of obtaining a safe upland line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site.

(2) All offers and counteroffers shall be in writing.

(3) The Trust may negotiate and enter into a Purchase Agreement prior to or after the receipt and approval of Appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. The Trust shall maintain appropriate records regarding any and all contact(s) with the Owner.

(4) Initial contact with the Owner may be established prior to negotiations. When initiated, such contact should be limited to the following:

(a) To inform the Owner about the Stan Mayfield Working Waterfronts land Acquisition program;

(b) To explain in general terms the possible tax advantages of land Donations and bargain sales;

(c) To request permission from the Owner in order to have his property appraised and surveyed;

(d) To discuss the timing of the Acquisition, and the competition for funds under the Stan Mayfield Working Waterfronts program;

(e) To discuss the matter of representation of the Owner by an Agent in any future negotiations, and the necessary confirmation by the Owner of the Agent’s status;

(f) To request available title data;

(g) To advise of disclosure requirements;

(h) To request available property survey data; and

(i) To discuss other information pertinent to the Acquisition process in general.

(5) Upon the initiation of negotiations, the Owner shall be notified in writing that the terms of the final Purchase Agreement are subject to affirmative action by the Recipient and the Trust.

(6) The Trust shall maintain complete and accurate records of every such offer and counteroffer.

(7) When the Owner is represented by an Agent, negotiations may not be initiated or continued with the Agent until a written statement signed by the Owner verifying the Agent’s legal or fiduciary relationship with the Owner has been received by the party responsible for negotiations and a copy has been provided to the Trust.

Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.006, Amended 6-9-13.