Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.009 - Negotiation of Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(1) As described in paragraph
				 62-817.004(3)(c),
				F.A.C., the recipient shall elect whether the recipient or its agent, or the
				Trust or its agent, will conduct all negotiations with the owner.
(2) 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 shall be apprised 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 of a single cash payment in relation to the maximum offer
				allowed by law.
(3) The Trust
				desires that the party responsible for negotiations negotiate the purchase
				price at or below the maximum approved purchase price.
(4) Pursuant to Sections
				 125.355(1)(b),
				F.S., for counties and Section
				 166.045(1)(b),
				F.S., for municipalities, if the agreed purchase price exceeds the average
				appraised price of the two appraisals, the county or municipal governing body
				is required to approve the purchase by an extraordinary vote. The county or
				municipal governing body may, by ordinary vote, exempt a purchase in an amount
				of $100, 000.00 or less from the requirement for an appraisal.
(5) Pursuant to Section
				 125.355(1)(a),
				F.S., for counties, and Section
				 166.045(1)(a),
				F.S., for municipalities, in any case in which a county or municipality,
				pursuant to the provisions of that section and using funds distributed under a
				grant from the Trust, seeks to acquire by purchase any real property for a
				public purpose, every offer or counteroffer must be in writing.
(6) Pursuant to Section
				 380.510(3),
				F.S., grant agreements for an award for land acquisition shall provide that the
				Trust shall approve the terms under which the interest in land is acquired.
				Such approval shall be given at the time the Trust governing body approves the
				executed purchase agreement negotiated by either the recipient or its agent, or
				the Trust or its agent and approves the release of funds. The recipient shall
				have executed the purchase agreement prior to approval by the Trust.
(7) 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. All owner contact
				shall be documented in the appropriate acquisition file of the party
				responsible for conducting negotiations.
(8) 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
				Rule  62-817.007, F.A.C., that party
				assumes all risk and responsibility that may arise out of a negotiated purchase
				price that exceeds the maximum approved purchase price or other review
				standards set forth in Rule
				 9K-6.007, F.A.C.
(9) Initial contact with the owner 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 of the land
				acquisition program under which the project is being considered, and to request
				the owner's permission to inspect the property in order to determine its
				suitability for the purposes of the acquisition.
(b) To ascertain or confirm the owner's
				interest in conveying the property to the recipient or the Board of
				Trustees.
(c) To explain in general
				terms the possible tax advantages of land donations and bargain
				sales.
(d) To request permission
				from the owner in order to have his property appraised and surveyed.
(e) To discuss the timing of possible future
				acquisitions, and the competition for funds under the various Trust acquisition
				programs.
(f) 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.
(g) To request available title
				data.
(h) To advise of disclosure
				requirements.
(i) To request
				available property survey data.
(j)
				To discuss other information pertinent to the acquisition process in
				general.