Fla. Admin. Code Ann. R. 18-1.008 - Negotiations

(1) The Division, or the acquiring agency if any, may initiate acquisition negotiations upon receipt of the approved appraisal reports in accordance with Section 253.025(6) or 259.041(7), F.S. The Division may negotiate and enter into an option agreement for acquisition of conservation lands prior to or after the receipt and approval of appraisals, subject to the conditions established in Section 259.041(7)(f), F.S., and this chapter. All owner contact shall be documented in the appropriate acquisition file of the Division or acquiring agency. Initial contact with the landowner by the Division or acquiring agency may be established prior to negotiations, provided such contact is limited to the following:

(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner's permission for the Division or the acquiring agency to inspect the property in order to determine its suitability for the purposes of the Division or the acquiring agency.

(b) To ascertain or confirm the owner's interest in conveying the property to the State.

(c) To explain in general terms that tax advantages for land donations and bargain sales to the State may exist, and to recommend the owner confer with his tax adviser about the possibility of such advantages.

(d) To request written permission from the owner to have his property appraised.

(e) To discuss the timing of possible future acquisitions, and the competition for funds under the various State acquisition programs.

(f) 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.

(g) To request available title data.

(h) To advise of disclosure requirements.

(i) To request available property survey data.

(j) To discuss other information pertinent to the acquisition process in general.

(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. In the course of negotiations the Division or the acquiring agency, if any, shall recommend that the owner confer with his tax adviser to discuss the advantages of a donation or bargain sale. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Division or the acquiring agency shall apprise the seller of the benefits of obtaining a survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey. In making an offer the Division or the acquiring agency shall consider the benefit to the owner of a single cash payment in relation to the maximum offer allowed by law. Under no circumstances will the final purchase price for non-conservation lands exceed the value established pursuant to Section 253.025(7)(e), F.S., and this chapter.

(3) Upon the initiation of negotiations the Division or the acquiring agency, as applicable, shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent's legal or fiduciary relationship with the owner has been received by the Division or the acquiring agency.

(4) All offers and counter-offers shall be in writing, and shall be confidential and exempt from the provisions of Section 119.07(1), F.S., under the conditions of Section 119.0711(2), 253.025(7)(d) or 259.041(8)(c), F.S.

(5) Purchase negotiations for the acquisition of any land from the Florida Forever Trust Fund, the Conservation and Recreational Lands Trust Fund or Land Acquisition Trust Fund shall be initiated within six months of approval by the Division of appraisals of property on the lists developed pursuant to Section 259.035, F.S. The Quarterly Report of the Department of Environmental Protection to the Board will contain a report on the status of all said acquisition projects.

Notes

Fla. Admin. Code Ann. R. 18-1.008

Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS.

New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08.

New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08.