Fla. Admin. Code Ann. R. 18-1.013 - Donations
(1) The Board will consider accepting
donations of land if the following conditions are met:
(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.
(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
253.025 or
259.041, F.S., as
applicable.
(c) The Division must
verify that the State of Florida has no title or sovereignty interest in the
land.
(d) A determination as to who
will manage the land must be made by the Division.
(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.
(2) Appraisal of
donated lands and appurtenances shall not be required as a condition of receipt
of such land by the State.
(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.
Notes
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, 3-2-16.
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