Florida Regulations 40C-9.041: Acquisition Procedures; Negotiations
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(1) Upon determination of land requirements, descriptions and maps sufficient to identify the lands to be acquired should be obtained.
(2) Ownership information shall be obtained and reviewed in order to determine the title to the land being acquired.
(3) The District shall obtain at least one certified appraisal pursuant to Fl. Admin. Code R. 40C-9.061, or written estimate of value, as follows:
(a) For lands where staff estimates the value to be less than $50,000, a written estimate of value may be prepared by staff in lieu of a certified appraisal;
(b) For any lands that are acquired with acquisition moneys released by the Department of Environmental Protection, the District shall obtain at least one certified appraisal.
(4) The District shall attempt to acquire each parcel through voluntary negotiation prior to commencement of proceedings in eminent domain.
(5) All contracts to purchase shall be reduced to writing and shall be contingent upon approval by the Governing Board.
(6) The District shall attempt to negotiate the acquisition of desired parcels in accordance with the following procedure:
(a) The District shall contact each owner or authorized representative and make an offer to acquire based on the appraised value of the property.
(b) A file shall be maintained, which shall summarize such negotiations, including the amount of offer made by the District, and any counter-offer made by the property owner.
(c) In the event an offer is accepted, the District shall:
1. Arrange for the proper execution and recording of all necessary documents.
2. When necessary, prepare a resolution by the Governing Board requesting the Department of Environmental Protection to release the necessary funds pursuant to Fl. Admin. Code Chapter 62-402
(d) When a negotiated settlement cannot be readily attained, and staff determines that acquisition is necessary, staff shall prepare a memorandum, which shall include:
1. A request for resolution to institute eminent domain proceedings.
2. Identification of parcels by title memorandum number.
3. Legal interest or estate considered for acquisition.
(e) The District may accept donations of land. In such event the provisions of this subsection shall be followed, except that appraisals may be waived upon concurrence of both the landowner and the District. The District shall not accept a donation unless it has received or obtained the following:
1. A Phase I environmental site assessment;
2. Title insurance; and
3. A description of the boundary that is adequate to serve the District’s needs, which may include a surveyed legal description.
(7) The District shall adhere to the provisions of Chapter 287.055, F.S., if applicable.
Rulemaking Authority 373.044, 373.113, 373.139 FS. Law Implemented 259.105, 287.055, 373.056, 373.086, 373.099, 373.139, 373.199 FS. History-New 6-15-82, Amended 7-30-01, 6-7-04.
Terms Used In Florida Regulations 40C-9.041
- Appraisal: A determination of property value.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) The District shall obtain at least one certified appraisal pursuant to Fl. Admin. Code R. 40C-9.061, or written estimate of value, as follows:
(a) For lands where staff estimates the value to be less than $50,000, a written estimate of value may be prepared by staff in lieu of a certified appraisal;
(b) For any lands that are acquired with acquisition moneys released by the Department of Environmental Protection, the District shall obtain at least one certified appraisal.
(4) The District shall attempt to acquire each parcel through voluntary negotiation prior to commencement of proceedings in eminent domain.
(5) All contracts to purchase shall be reduced to writing and shall be contingent upon approval by the Governing Board.
(6) The District shall attempt to negotiate the acquisition of desired parcels in accordance with the following procedure:
(a) The District shall contact each owner or authorized representative and make an offer to acquire based on the appraised value of the property.
(b) A file shall be maintained, which shall summarize such negotiations, including the amount of offer made by the District, and any counter-offer made by the property owner.
(c) In the event an offer is accepted, the District shall:
1. Arrange for the proper execution and recording of all necessary documents.
2. When necessary, prepare a resolution by the Governing Board requesting the Department of Environmental Protection to release the necessary funds pursuant to Fl. Admin. Code Chapter 62-402
(d) When a negotiated settlement cannot be readily attained, and staff determines that acquisition is necessary, staff shall prepare a memorandum, which shall include:
1. A request for resolution to institute eminent domain proceedings.
2. Identification of parcels by title memorandum number.
3. Legal interest or estate considered for acquisition.
(e) The District may accept donations of land. In such event the provisions of this subsection shall be followed, except that appraisals may be waived upon concurrence of both the landowner and the District. The District shall not accept a donation unless it has received or obtained the following:
1. A Phase I environmental site assessment;
2. Title insurance; and
3. A description of the boundary that is adequate to serve the District’s needs, which may include a surveyed legal description.
(7) The District shall adhere to the provisions of Chapter 287.055, F.S., if applicable.
Rulemaking Authority 373.044, 373.113, 373.139 FS. Law Implemented 259.105, 287.055, 373.056, 373.086, 373.099, 373.139, 373.199 FS. History-New 6-15-82, Amended 7-30-01, 6-7-04.