Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0071 - Real Property Acquisitions

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the specific conditions procedures
				 and administrative requirement for real property acquisition projects.
(1) Eligible Projects. Real property
				acquisitions are limited to projects that provide for rights-of-way, spoil
				material disposal areas, environmental mitigation areas or other areas that may
				be necessary for completion of capital improvements resulting in future public
				navigation or boater recreation facilities or extension of existing public
				navigation or boater recreation facilities. Member counties shall have up to
				one year from the effective date of the project agreement to purchase the
				property. The Board may extend this period in accordance with subsection
				  66A-2.0072(2), F.A.C.
(2) Capital
				Improvements. The public navigation or boater recreation capital improvements
				proposed at the time of the acquisition shall be constructed on the property
				within seven (7) years of the acquisition date and dedicated to the public for
				such use in perpetuity upon completion. Failure to timely complete the capital
				improvements may result in WCIND at its sole discretion: requiring the member
				county to refund WCIND's interest as calculated in subsection (6) below; the
				conveyance of the property to WCIND; or extending the seven aforesaid (7) year
				time limit.
(3) Total Project Cost.
				Real property acquisitions projects are subject to the match ratios set forth
				in subsection   66A-2.003(4), F.A.C., and total project cost shall be upon based
				on either the negotiated purchase price or approved appraised value, whichever
				is lowest. If the negotiated purchase price or approved appraised value is
				greater than the project cost, the member county must pay the additional cost.
				Pre-agreement costs for appraisals, inspections, surveys (boundary and
				topographic) and title searches or opinions completed within one-year of the
				date of application may be detailed in the project agreement and used as match
				funds for a boater recreation project.
(4) Member counties shall include in the
				acquisition project application, the following supporting documentation:
(a) Appraisal. An appraisal prepared by an
				appraiser certified under Chapter 475, F.S., shall be submitted which
				establishes the fair market value of the parcel(s) proposed for acquisition. If
				the property is $500,000 or less in appraised value, one appraisal is required.
				If the property exceeds $500,000 in appraised value, two appraisals are
				required. The appraisal(s) must be dated no earlier than six months prior to
				the submittal date of the application. If two appraisals are required for the
				project, the lower of the approved appraised values shall be the basis of the
				total project cost.
(b) Survey. A
				survey, certified, signed and sealed by a professional surveyor and mapper
				licensed under Chapter 472, F.S., shall be submitted which provides a legal
				description and sketch of the boundaries of the parcel(s) proposed for
				acquisition. The survey shall accurately portray the existing conditions and
				any known easements and encroachments. The survey shall be certified no earlier
				than six months prior to the submittal date of the application.
(c) Title Opinion. A title opinion prepared
				by a member of the Florida Bar or a licensed title insurer which covers the
				thirty-year period prior to the application submittal date and attests to the
				landowner's clear title with no liens, encumbrances or taxes against the
				property.