Fla. Admin. Code Ann. R. 66B-3.008 - Determining the Maximum Amount

(1) The maximum amount that may be paid by the District for a parcel to be acquired shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergence.

(2) If two appraisals are required by law and their values do not differ significantly, the maximum amount that may be paid by the District for the parcel shall be the higher value indicated in the two approved appraisals.

(3) If a third appraisal is obtained and approved, the maximum amount that may be paid for the parcel shall be the value contained in the higher of the two closest appraisals as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, one hundred and twenty (120) percent of the lower of the two appraisals shall be the maximum value.

(4) No purchase offer by the District shall exceed the value for that parcel as determined pursuant to the highest approved appraisal or the value determined pursuant to these rules, whichever value is less, except under the following circumstances:

(a) The District has unsuccessfully attempted to negotiate a purchase, pursuant to the price restrictions in this subparagraph, for a period of two years after the date of the District's first written offer on all or a substantial part of the parcel, during which there have been at least two bona fide offers at a purchase price at or within ten (10) percent below the limits prescribed by this subparagraph. The Board shall waive the two year period in cases in which it has directed the District to exercise eminent domain authority;

(b) The Board determines that the parcel meets the requirements for acquisition by eminent domain and that the cost of acquisition by eminent domain, including jury determination of compensation and other costs and fees provided for in Chapter 73 or 74, F.S., is likely to exceed the highest approved appraisal value of the parcel as otherwise determined pursuant by this rule. In this case, the total purchase price may not exceed one hundred and twenty five (125) percent of the limits otherwise prescribed by this subparagraph. The decision to acquire a parcel pursuant to paragraphs (a) and (b), must be made by a vote of a majority of the Board.

(c) In the case of a joint acquisition by a state agency and a local government or other entity apart from the District, the joint purchase price may not exceed one hundred and fifty (150) percent of the value for a parcel as determined in accordance with this rule. The District's share of a joint purchase offer may not exceed what the District may offer singly as prescribed in this rule.

(5) When provided for pursuant to the terms of an informal acquisition agreement, the District shall also disclose appraisal information to or use an appraisal provided by a cooperating agency.

(a) If the District is disclosing the appraisal information, the agreement shall identify the individual who will have custody of the appraisal report, individuals within the cooperating agency who will have access to the appraisal information and require the written consent of the District prior to disclosing the information to any other person.

(b) If the cooperating agency is to provide the appraisal, the appraisal must be made by an appraiser meeting the District's requirements for appraisers as set forth in this rule. Such appraisal shall be subject to the same confidentiality restrictions as an appraisal provided by the District.

(6) The District shall also disclose appraisal information to the owner of the property to be acquired if requested by the property owner and determined by the District that such disclosure will enhance the probability of a successful purchase.

Notes

Fla. Admin. Code Ann. R. 66B-3.008

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS.

New 8-17-99, Amended by Florida Register Volume 47, Number 046, March 9, 2021 effective 3/25/2021.

New 8-17-99, Amended 3-25-21.