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Florida Administrative Code (Last Updated: April 18, 2024) |
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9. Department of Community Affairs |
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9K. Florida Communities Trust |
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9K-8. Land Acquisition Procedures |
9K-8.004. Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title (Transferred)
1(1) Section 3259.105(3)(c), F.S., 5allocate proceeds deposited into the Florida Forever Trust Fund to the Department to provide land Acquisition grants through the Florida Communities Trust pursuant to Chapter 380, Part III, F.S. Title to real property purchased with these funds may be vested in the Recipient or the Board of Trustees.
53(2) At the time the Recipient executes the Grant Contract, the Recipient shall elect one of the following options; either:
73(a) Title to the Project 78Site will vest in the Recipient; 84or
85(b) Title to the Project Site will vest permanently in the Board of Trustees.
99(3) If the Recipient elects to hold title, then the following applies:
111(a) The election is subject to approval by the Trust, such approval indicated when the Grant Contract governing the grant funds is executed between the Recipient and the Trust;
140(b) The Trust shall not withhold approval of the Recipient’s election to take title unless the Trust specifically finds on the record of a public meeting that the Recipient is not capable of holding title or has failed to provide the Trust with reasonable and adequate assurances that the public interests will be protected;
194(c) The Acquisition of a Project Site shall take place under one of the following procedures:
2101. For a Project Site that consists of 218ten 219or fewer ownerships to be 224jointly 225acquired 226with the Trust, 229the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.
2482. For a Project Site that consists of 256eleven 257or more ownerships to be 262jointly 263acquired 264with the Trust, 267the Recipient 269shall 270be required to act as the party responsible for the Acquisition activities.
2823. If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.
322(d) When the Recipient is the party responsible for Acquisition activities, the Recipient will follow the Acquisition procedures outlined in this rule chapter. If the Recipient contracts with an Agent to act on the Recipient’s behalf in pursuing the Acquisition in accordance with this rule chapter, the Agent’s fee may be recognized as an eligible Project Cost only if the Acquisition closes.
384(4) If a Pre-acquired or Reimbursement Acquisition, title vests in the Recipient and Recipient will provide notification that Recipient’s acquisition procedures were followed. If Recipient has no such procedures, the Recipient may follow the Acquisition procedures outlined in this rule chapter.
425(5) If the Recipient elects that title vest in the Board of Trustees, the following applies:
441(a) The election must be approved by the Trust and the Board of Trustees; and
456(b) The Acquisition activities and negotiations shall be conducted by the Trust following the requirements of Section 473253.025, F.S., 475and Chapter 18-1, F.A.C., the applicable statutes and rules for all Acquisitions of the Board of Trustees.
492Specific Authority 494380.507(11) FS. 496Law Implemented 498259.105, 499380.501-.515 FS. History–New 5025-27-01, 503Amended 5045-20-02, 5052-8-05, 5062-19-07507.
