(1)
Bona fide offers for sale.
The District's land acquisition process is initiated when the
District receives from an owner of real property a bona fide
offer for sale to the District. A bona fide offer is one which
includes:
(a) The county property
appraiser's tax parcel identification number;
(b) An aerial map or other documentation upon
which the property boundaries are shown or described;
(c) A copy of the deed showing the current
owner of record for the property being offered;
(d) The owner's initial asking price for the
property;
(e) Identification of any
easements, deed restrictions, mineral interests, or other rights held by
persons other than the fee title owner; and,
(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.
(2) Criteria
for evaluation of
bona fide offers.
Upon receipt, District staff will evaluate all bona
fide offers for sale of real property to determine the extent to which
the acquisition will contribute to achieving the goals in Section
259.105(4),
F.S., and provide a recommendation for disposition to the Governing
Board.
(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:
(a) Evidence of good and sufficient fee title
to the property in the seller must be provided by the seller to the
District.
(b) The property owner
must provide access to the District and its agents as needed to obtain
appraisals as required under Section
373.139(3)(c),
F.S., which 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.
(4) Contracts for sale.
The 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.
(5) Donations of land to District.
The 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.
Notes
Fla. Admin.
Code Ann. R. 40B-9.041
Rulemaking Authority 373.044, 373.083, 373.139 FS. Law
Implemented 373.013, 373.139, 373.59
FS.
New 3-1-83, Amended
5-26-88, 5-31-09, Amended by
Florida
Register Volume 43, Number 105, May 31, 2017 effective
5/9/2017.
New 3-1-83, Amended 5-26-88, 5-31-09,
5-9-17.
