Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.009 - Negotiation of Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(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.