Section 40B-9.041 - Acquisition Procedures - Negotiations(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.
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.