Fla. Admin. Code Ann. R. 66B-3.010 - Negotiations
(1) The lack of received and approved
appraisals shall not prevent the District from negotiating and entering into a
purchase agreement, so long as the purchase agreement provides that the final
purchase price shall be established by the approved appraisals. All owner
contact shall be documented in the appropriate acquisition file of the
acquiring agency. Initial contact with the landowner by the acquiring agency
may be established prior to negotiations, provided that 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 District to inspect the property in
order to determine its suitability for the purposes of the District.
(b) To ascertain or confirm the owner's
interest in conveying the property to the District.
(c) To explain in general terms the possible
tax advantages of land donations and bargain sales.
(d) 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.
(e) To request available title
data.
(f) To advise of disclosure
requirements.
(g) To request
available property survey data.
(h)
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. Under no circumstances will the
final purchase price exceed the value established pursuant to this
rule.
(3) Upon the initiation of
negotiations the District 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 District.
(4) All offers and counter-offers shall be in
writing.
Notes
Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS.
New 8-17-99.
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