Florida Regulations 62-817.009: Negotiation of Offers and Counteroffers
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(1) As described in Fl. Admin. Code R. 62-817.004(3)(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 Florida Statutes § 380.510(3), 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 Fl. Admin. Code R. 62-817.007, 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 Fl. Admin. Code R. 9K-6.007
(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.
(10) Upon the initiation of negotiations the owner shall be notified in writing that the terms of the final purchase agreement are subject to affirmative action by the recipient and the Trust, if title is to be conveyed to the recipient, and the Board of Trustees, if title is to be conveyed to the Board of Trustees.
(11) Pursuant to the sections cited in subsection (5), above, the county or municipality shall maintain complete and accurate records of every such offer and counteroffer. For the purposes of this section, the term “”option contract”” means a proposed agreement by the county or municipality to purchase a piece of property, subject to the approval of the county or municipal governing body at a public meeting after 30 days’ public notice, and also subject to approval by the Trust at a public meeting. The county or municipality will not be under any obligation to exercise the option unless the option contract is approved by the county or municipal governing body at the public hearing specified in this section, and approved by the Trust at a public meeting duly noticed.
(12) When the owner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the owner verifying the agent’s legal or fiduciary relationship with the owner has been received by the party responsible for negotiations.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.009.
Terms Used In Florida Regulations 62-817.009
- Appraisal: A determination of property value.
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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 Florida Statutes § 380.510(3), 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 Fl. Admin. Code R. 62-817.007, 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 Fl. Admin. Code R. 9K-6.007
(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.
(10) Upon the initiation of negotiations the owner shall be notified in writing that the terms of the final purchase agreement are subject to affirmative action by the recipient and the Trust, if title is to be conveyed to the recipient, and the Board of Trustees, if title is to be conveyed to the Board of Trustees.
(11) Pursuant to the sections cited in subsection (5), above, the county or municipality shall maintain complete and accurate records of every such offer and counteroffer. For the purposes of this section, the term “”option contract”” means a proposed agreement by the county or municipality to purchase a piece of property, subject to the approval of the county or municipal governing body at a public meeting after 30 days’ public notice, and also subject to approval by the Trust at a public meeting. The county or municipality will not be under any obligation to exercise the option unless the option contract is approved by the county or municipal governing body at the public hearing specified in this section, and approved by the Trust at a public meeting duly noticed.
(12) When the owner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the owner verifying the agent’s legal or fiduciary relationship with the owner has been received by the party responsible for negotiations.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.009.