Florida Regulations 62-817.004: Election by Local Government of Titleholder and Negotiating Entity; Statutes and Rules Governing Acquisitions; Title
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(1) Section 259.101(3)(c), F.S., allocates proceeds deposited into the Preservation 2000 Trust Funds to the Department to provide land acquisition grants and loans to local governments through the Florida Communities Trust pursuant to Florida Statutes Chapter 380, Part III Title to real property purchased with these funds may be vested in the Board of Trustees of the Internal Improvement Trust Fund or may be vested in a local government.
(2) At the time the local government grant recipient executes the agreement that will govern acquisition funding received from the Trust, the local government shall elect one of the following options; either:
(a) Title to the project site will vest in the local government, or
(b) Title to the project site will vest permanently in the Board of Trustees of the Internal Improvement Trust Fund.
(3) If the local government elects that title vest in the local government and be conveyed directly from the owner to the local government, the following applies:
(a) The election is subject to approval by the Trust, such approval indicated when the agreement governing the grant funds is executed between the local government and the Trust;
(b) The Trust shall not withhold approval of the local government election to take title unless the Trust specifically finds on the record of a public meeting that the local government is not capable of holding title;
(c) The local government shall elect the party that will conduct all acquisition activities and negotiations necessary to complete the transaction in conformance with this rule chapter. The local government may either elect that:
1. The local government, or its agent, will conduct all acquisition activities and negotiations, or
2. The Trust or its agent, will conduct all acquisition activities and negotiations.
(d) The acquisition activities shall be conducted pursuant to either:
1. The requirements of this rule chapter, which implements Florida Statutes § 380.507(11), or
2. Adopted land acquisition procedures of the local government, subject to approval by the Trust. Approval by the Trust of local government’s land acquisition procedures shall be given provided that the local procedures are consistent with or exceed the requirements of this rule chapter. An officer of the local government or its legal counsel shall certify that the local procedures, if used, are consistent with or exceed the requirements of this rule chapter.
(4) If the local government elects that title vest in the Board of Trustees, the following applies:
(a) The election must be approved by the Trust and the Board of Trustees; and,
(b) The acquisition activities and negotiations shall be conducted by the Trust following the requirements of Florida Statutes § 253.025, and Rule Fl. Admin. Code Chapter 18-1, the applicable statutes and rules for all acquisitions of the Board of Trustees.
(5) Land acquisition procedures of a local land authority created pursuant to Florida Statutes § 380.0663, shall be used for the Trust’s Area of Critical State Concern Program, described by Rule Fl. Admin. Code Chapter 62-816, for land acquisitions within an area of critical state concern designated pursuant to Florida Statutes § 380.05, subject to approval of the Trust.
(6) Pursuant to Florida Statutes § 380.510(3), agreements for an award of a grant or loan for land acquisition shall provide all the following:
(a) The Trust shall approve the terms under which the interest in land is acquired.
(b) The transfer of land acquired with a Trust award and the local match shall be subject to the approval of the Trust, and the Trust shall enter into a recordable grant agreement with the transferee, containing such covenants, reverter clauses, or other restrictions as are sufficient to protect the interest of the people of Florida.
(c) The interest in land acquired with an award from the Trust and the local match may not serve as security for any debt the applicant incurs unless the Trust approves the transaction.
(d) If any essential term or condition of a grant or loan is violated, title to all interest in real property acquired with state funds shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund. The Trust shall treat such property in accordance with Section 380.508(4)(e), F.S.
(e) If the existence of a recipient that becomes the titleholder to lands purchased under any Trust program terminates for any reason, title to all interest in real property it has acquired with state funds and local match shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless the Trust negotiates an agreement with another local government or non-profit organization which agrees to accept title to all interest in and to manage the property.
(7) Any deed or instrument of conveyance whereby a non-profit organization or local government acquires real property under this rule chapter and/or Florida Statutes § 380.510, shall set forth the interest of the state. The trust shall keep at least one copy of any such instrument and shall provide at least one copy to the Board of Trustees of the Internal Improvement Trust Fund.
(8) Pursuant to Florida Statutes § 380.510(4), the Trust shall require in the grant award agreement terms sufficient to protect the public interest in any improvement or development constructed under an award to an applicant. The agreement shall describe with particularity any real property which is subject to the agreement, and the Trust shall record the grant agreement in the county in which the real property is located.
(9) All deeds or leases with respect to any real property acquired with funds received by the Trust from the Preservation 2000 Trust Fund shall contain such covenants and restrictions as are sufficient to ensure that the use of such real property at all times complies with Florida Statutes § 375.051, and Section 9. Article XII of the State Constitution. Each deed or lease shall contain a reversion, conveyance, or termination clause that will vest title in the Board of Trustees of the Internal Improvement Trust Fund if any of the covenants or restrictions are violated by the titleholder or leaseholder or by some third party with the knowledge of the titleholder or leaseholder.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.004.
Terms Used In Florida Regulations 62-817.004
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Title to the project site will vest in the local government, or
(b) Title to the project site will vest permanently in the Board of Trustees of the Internal Improvement Trust Fund.
(3) If the local government elects that title vest in the local government and be conveyed directly from the owner to the local government, the following applies:
(a) The election is subject to approval by the Trust, such approval indicated when the agreement governing the grant funds is executed between the local government and the Trust;
(b) The Trust shall not withhold approval of the local government election to take title unless the Trust specifically finds on the record of a public meeting that the local government is not capable of holding title;
(c) The local government shall elect the party that will conduct all acquisition activities and negotiations necessary to complete the transaction in conformance with this rule chapter. The local government may either elect that:
1. The local government, or its agent, will conduct all acquisition activities and negotiations, or
2. The Trust or its agent, will conduct all acquisition activities and negotiations.
(d) The acquisition activities shall be conducted pursuant to either:
1. The requirements of this rule chapter, which implements Florida Statutes § 380.507(11), or
2. Adopted land acquisition procedures of the local government, subject to approval by the Trust. Approval by the Trust of local government’s land acquisition procedures shall be given provided that the local procedures are consistent with or exceed the requirements of this rule chapter. An officer of the local government or its legal counsel shall certify that the local procedures, if used, are consistent with or exceed the requirements of this rule chapter.
(4) If the local government elects that title vest in the Board of Trustees, the following applies:
(a) The election must be approved by the Trust and the Board of Trustees; and,
(b) The acquisition activities and negotiations shall be conducted by the Trust following the requirements of Florida Statutes § 253.025, and Rule Fl. Admin. Code Chapter 18-1, the applicable statutes and rules for all acquisitions of the Board of Trustees.
(5) Land acquisition procedures of a local land authority created pursuant to Florida Statutes § 380.0663, shall be used for the Trust’s Area of Critical State Concern Program, described by Rule Fl. Admin. Code Chapter 62-816, for land acquisitions within an area of critical state concern designated pursuant to Florida Statutes § 380.05, subject to approval of the Trust.
(6) Pursuant to Florida Statutes § 380.510(3), agreements for an award of a grant or loan for land acquisition shall provide all the following:
(a) The Trust shall approve the terms under which the interest in land is acquired.
(b) The transfer of land acquired with a Trust award and the local match shall be subject to the approval of the Trust, and the Trust shall enter into a recordable grant agreement with the transferee, containing such covenants, reverter clauses, or other restrictions as are sufficient to protect the interest of the people of Florida.
(c) The interest in land acquired with an award from the Trust and the local match may not serve as security for any debt the applicant incurs unless the Trust approves the transaction.
(d) If any essential term or condition of a grant or loan is violated, title to all interest in real property acquired with state funds shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund. The Trust shall treat such property in accordance with Section 380.508(4)(e), F.S.
(e) If the existence of a recipient that becomes the titleholder to lands purchased under any Trust program terminates for any reason, title to all interest in real property it has acquired with state funds and local match shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless the Trust negotiates an agreement with another local government or non-profit organization which agrees to accept title to all interest in and to manage the property.
(7) Any deed or instrument of conveyance whereby a non-profit organization or local government acquires real property under this rule chapter and/or Florida Statutes § 380.510, shall set forth the interest of the state. The trust shall keep at least one copy of any such instrument and shall provide at least one copy to the Board of Trustees of the Internal Improvement Trust Fund.
(8) Pursuant to Florida Statutes § 380.510(4), the Trust shall require in the grant award agreement terms sufficient to protect the public interest in any improvement or development constructed under an award to an applicant. The agreement shall describe with particularity any real property which is subject to the agreement, and the Trust shall record the grant agreement in the county in which the real property is located.
(9) All deeds or leases with respect to any real property acquired with funds received by the Trust from the Preservation 2000 Trust Fund shall contain such covenants and restrictions as are sufficient to ensure that the use of such real property at all times complies with Florida Statutes § 375.051, and Section 9. Article XII of the State Constitution. Each deed or lease shall contain a reversion, conveyance, or termination clause that will vest title in the Board of Trustees of the Internal Improvement Trust Fund if any of the covenants or restrictions are violated by the titleholder or leaseholder or by some third party with the knowledge of the titleholder or leaseholder.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.004.