Florida Regulations 5I-7.010: Negotiations and Purchase Instruments
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(1) Initial contact with the landowner by the Department may be established prior to negotiations, provided such contact is limited to the following:
(a) To request the owner’s permission for the Department to inspect the property in order to determine its suitability for the purposes of the Program;
(b) To confirm the owner’s interest in conveying a Perpetual Easement to the State and establish the terms of the proposed easement for appraisal purposes;
(c) To recommend that the owner confer with his or her tax advisor about the possibility of any tax advantages. Appraisals performed by the Department for acquisition purposes are not intended for use by the seller to qualify for tax advantages, and do not meet the federal requirements for such appraisals;
(d) To discuss the timing of possible future acquisitions, and the competition for funds under the Program;
(e) 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;
(f) To advise of disclosure requirements;
(g) To discuss other information pertinent to the acquisition process in general; and
(h) To provide the owner a copy of this rule.
(2) The Department is authorized to initiate purchase negotiations only upon receipt of the appraisal(s) in accordance with this chapter.
(3) Upon the initiation of negotiations the Department shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board and subject to legislative appropriation.
(4) When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the Department.
(5) All offers and counter-offers shall be in writing, and shall be documented in the appropriate acquisition file of the Department.
(6) Pursuant to Florida Statutes § 570.715(5), appraisal(s) shall be confidential and exempt from the provisions of Florida Statutes § 119.07(1), as provided in Florida Statutes § 570.715(5), until an option contract is executed or, if an option contract is not executed, until (2) weeks before an agreement for purchase is considered for approval by the Board. However, the Department has the authority, at its discretion, to disclose appraisal(s) to private landowners during negotiations for acquisitions under this Program if the Department determines that disclosure of such reports will bring the proposed acquisition to closure.
(7) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations that conflict with the terms of the easement, at the lowest reasonable price. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Department shall apprise the seller of the benefits of obtaining a survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey.
(8) Purchase Instruments. The final negotiated purchase shall be placed in the form of a written purchase instrument signed by the owner and the Department, subject to approval by the Board and legislative appropriation.
(9) The Department shall use a form of purchase instrument meeting the intent of the law and this rule.
(10) Before the purchase instrument is submitted to the Board for approval, the provisions of Florida Statutes § 286.23, shall be complied with.
(11) All agreements involving the purchase of a Perpetual Easement shall be reviewed and approved at a duly noticed meeting by the Board.
(12) All conveyances of a real property interest shall vest in the Board. The Board may agree to jointly share title with a local government or water management district that has contributed funds to the purchase of the easement being jointly acquired. The title interest shall be no greater than the percentage of financial contribution by the governmental entity.
(13) A purchase instrument approved by the Board shall be binding on all parties, except that performance by the Board and the Department is subject to legislative appropriation and any other contingencies in the approved purchase agreement.
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History—New 11-3-08, Amended 6-12-23.
Terms Used In Florida Regulations 5I-7.010
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) To confirm the owner’s interest in conveying a Perpetual Easement to the State and establish the terms of the proposed easement for appraisal purposes;
(c) To recommend that the owner confer with his or her tax advisor about the possibility of any tax advantages. Appraisals performed by the Department for acquisition purposes are not intended for use by the seller to qualify for tax advantages, and do not meet the federal requirements for such appraisals;
(d) To discuss the timing of possible future acquisitions, and the competition for funds under the Program;
(e) 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;
(f) To advise of disclosure requirements;
(g) To discuss other information pertinent to the acquisition process in general; and
(h) To provide the owner a copy of this rule.
(2) The Department is authorized to initiate purchase negotiations only upon receipt of the appraisal(s) in accordance with this chapter.
(3) Upon the initiation of negotiations the Department shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board and subject to legislative appropriation.
(4) When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the Department.
(5) All offers and counter-offers shall be in writing, and shall be documented in the appropriate acquisition file of the Department.
(6) Pursuant to Florida Statutes § 570.715(5), appraisal(s) shall be confidential and exempt from the provisions of Florida Statutes § 119.07(1), as provided in Florida Statutes § 570.715(5), until an option contract is executed or, if an option contract is not executed, until (2) weeks before an agreement for purchase is considered for approval by the Board. However, the Department has the authority, at its discretion, to disclose appraisal(s) to private landowners during negotiations for acquisitions under this Program if the Department determines that disclosure of such reports will bring the proposed acquisition to closure.
(7) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations that conflict with the terms of the easement, at the lowest reasonable price. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Department shall apprise the seller of the benefits of obtaining a survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey.
(8) Purchase Instruments. The final negotiated purchase shall be placed in the form of a written purchase instrument signed by the owner and the Department, subject to approval by the Board and legislative appropriation.
(9) The Department shall use a form of purchase instrument meeting the intent of the law and this rule.
(10) Before the purchase instrument is submitted to the Board for approval, the provisions of Florida Statutes § 286.23, shall be complied with.
(11) All agreements involving the purchase of a Perpetual Easement shall be reviewed and approved at a duly noticed meeting by the Board.
(12) All conveyances of a real property interest shall vest in the Board. The Board may agree to jointly share title with a local government or water management district that has contributed funds to the purchase of the easement being jointly acquired. The title interest shall be no greater than the percentage of financial contribution by the governmental entity.
(13) A purchase instrument approved by the Board shall be binding on all parties, except that performance by the Board and the Department is subject to legislative appropriation and any other contingencies in the approved purchase agreement.
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History—New 11-3-08, Amended 6-12-23.