Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter, the following shall have the
				  indicated meaning unless the context clearly indicates otherwise:
(1) "Acquiring agency" means a state agency
				initiating acquisition of land or for whose benefit land is being acquired,
				title to which will vest in the Board. The term "acquiring agency" does not
				include the Board or the Division acting on behalf of the Board.
(2) "Appraisal map" means a map of the
				project area with individual ownership and project boundaries identified. This
				map shall show acreage and other pertinent information needed for appraisal.
				The map shall be prepared by a surveyor and mapper currently authorized to
				practice surveying in the State of Florida and shall be approved by the
				Division for compliance with applicable survey standards.
(3) "Appraisal services" means valuation work
				in the form of an appraisal or appraisal review.
(4) "Approved appraisal" means an appraisal
				service that has been approved by the Chief Appraiser, Bureau of Appraisal,
				Division of State Lands, or designee as in compliance with the Supplemental
				Standards, this chapter, and the specific assignment requirements.
(5) "Board" means the Governor and Cabinet
				sitting as the Board of Trustees of the Internal Improvement Trust Fund of the
				State of Florida.
(6) "Boundary
				map" means a map of the project area with the project boundaries
				identified.
(7) "Certified survey"
				means a boundary survey, as further defined in Rule
				 18-1.005, F.A.C., which is
				certified, signed and sealed by a professional surveyor and mapper authorized
				to practice surveying in the State of Florida, and approved by the Division's
				Bureau of Survey and Mapping as being in compliance with the minimum technical
				standards for land surveying in Florida. The survey shall accurately portray
				the parcel's boundaries, improvements and encumbrances. The survey must have
				been certified within 90 days of the closing on the property unless this
				requirement is waived by the title insurer for the purpose of deleting the
				standard exceptions for survey matters, easements, or claims of easements not
				shown by the public records from the owner's title policy.
(8) "Chief Appraiser" means the Chief, Bureau
				of Appraisal, Division of State Lands, Department of Environmental
				Protection.
(9) "Conservation
				lands" shall be defined as provided in Rule
				 18-2.017, F.A.C.
(10) "Cooperating agency" means a local
				government, water management district, or a nonprofit organization as defined
				in Section  253.025(6)(d) 
				or  259.041(7)(e),
				F.S., that has entered into an agreement with the Division to assist in the
				acquisition of specific property by the Board.
(11) "Council" means the Acquisition and
				Restoration Council formed by Section
				 259.035, F.S.
(12) "Director" means the Director, Division
				of State Lands, Department of Environmental Protection.
(13) "Division" means the Division of State
				Lands, Department of Environmental Protection.
(14) "Evidence of marketable title" means
				assurance of the marketability of the land being acquired, in the form of a
				marketability title commitment and policy. The coverage, form and exceptions of
				the title insurance must be approved by the Division in order to assure that
				title is marketable and compatible with the purposes of the acquisition. The
				term "Title Policy" and "Title Commitment" are included within this
				definition.
(15) "Land" or
				"Property" means the interest in real property to be acquired, together with
				all appurtenances.
(16) "Landowner"
				or "Owner" or "Seller" means the owner of the land or his authorized
				agent.
(17) "Market value" means
				the most probable price for which the appraised property will sell, as further
				defined in the Supplemental Standards.
(18) "Option agreement" means a purchase
				instrument that is subject to Board approval and to exercise of an option or
				options.
(19) "Purchase agreement"
				means a contract to purchase property which becomes binding on both parties at
				the time of execution, but subject to Board approval.
(20) "Purchase instrument" means one of the
				various types of contracts to purchase property, including purchase agreements,
				option agreements, exchange agreements and other forms of such
				agreements.
(21) "Secretary" means
				the Secretary of the Department of Environmental Protection.
(22) "State Certified Appraiser" means a real
				estate appraiser who has been certified by the State under the provisions of
				Chapter 475, F.S.
(23)
				"Supplemental Standards" means the Supplemental Appraisal Standards for Board
				of Trustees, March 2, 2016, hereby adopted by reference and made available on
				the internet at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06292
or
http://www.dep.state.fl.us/lands/appraisal.htm
or by sending a request to: Department of Environmental Protection, Bureau of
				Appraisal, 3900 Commonwealth Boulevard, MS #110, Tallahassee, Florida
				32399-3000 or by phone at (850)245-2658 or by fax at (850)245-2668. The
				Supplemental Standards contain appraisal requirements that establish public
				policy and add procedures and practices, including those outlined in Chapters
				253 and 259, F.S., that are to be used in addition to the appraisal procedures
				and practices of the appraisal profession, as regulated by Part II of Chapter
				475, F.S., for the development and reporting of all appraisal services,
				including those outlined in Chapters 253 and 259, F.S., adopted by the Board of
				Trustees of the Internal Improvement Trust Fund.
(24) "Title Commitment" means written
				agreement binding a title insurance company to provide a policy insuring
				marketability of title for a specified time in the name of the Board in the
				amount of the purchase price, or other appropriate value, containing such
				coverage and exceptions, and in a form, approved by the
				Division.
Rulemaking Authority
					 253.03,
					 253.025,
					 259.041 FS. Law Implemented
					 253.025,
					 259.041
					 FS.
New 6-16-86, Amended 4-6-89, 1-29-90, 10-30-91, 4-14-08,
					 6-15-10, 3-2-16.