Fla. Admin. Code Ann. R. 62-819.009 - 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. 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
party responsible for negotiations 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(s) 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.
In making an offer, the party responsible for negotiations shall consider the
benefit to the Owner(s) of a single cash payment in relation to the maximum
offer allowed by law.
(2) All
offers and counteroffers shall be in writing.
(3) The Trust desires that the party
responsible for negotiations negotiate the purchase price at or below the
maximum amount.
(4) The party
responsible for negotiations 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 party responsible for conducting negotiations shall maintain
appropriate records regarding any and all contact(s) the party had with the
Owner(s).
(5) When the party
responsible for negotiations initiates Acquisition negotiations prior to the
receipt of the required number of Appraisal reports reviewed and approved in
accordance with this rule chapter, that party assumes all risk and
responsibility that may arise out of a negotiated purchase price that exceeds
the maximum amount or other review standards set forth in this rule
chapter.
(6) Initial contact with
the Owner(s) by the party responsible for negotiations may be established prior
to negotiations. When initiated, such contact should be limited to the
following:
(a) To inform the Owner(s) about
the Trust's 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(s)
in order to have his property appraised and surveyed.
(d) To discuss the timing of possible future
Acquisitions, and the competition for funds under the various Trust Acquisition
programs.
(e) To discuss the matter
of representation of the Owner(s) by an Agent in any future negotiations, and
the necessary confirmation by the Owner(s) of the Agent's status.
(f) To request available title
data.
(g) To advise of disclosure
requirements.
(h) To request
available property survey data.
(i)
To discuss other information pertinent to the Acquisition process in
general.
(7) Upon the
initiation of negotiations, the Owner(s) shall be notified in writing that the
terms of the final Purchase Agreement are subject to affirmative action by the
Recipient and the Trust, if title is to be conveyed to the Recipient, and also
the Board of Trustees, if title is to be conveyed to the Board of
Trustees.
(8) Recipient shall
maintain complete and accurate records of every such offer and
counteroffer.
(9) When the Owner(s)
is represented by an Agent, negotiations may not be initiated or continued with
the Agent until a written statement signed by the Owner(s) verifying the
Agent's legal or fiduciary relationship with the Owner(s) has been received by
the party responsible for negotiations and a copy has been provided to the
Trust.
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