(1) Where the Board has determined that ownership of the land being offered to the District furthers one or more of the statutory duties of the District, the Board shall accept donations of land under the following conditions:
Terms Used In Florida Regulations 66B-3.015
- Appraisal: A determination of property value.
- Bequest: Property gifted by will.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(a) The conveyance must be by no less than a special warranty deed, unless the conveyance is from another governmental agency or, if a gift or donation is made by quitclaim deed, and the Board determines that accepting such quitclaim deed is in the best interest of the public.
(b) Evidence of marketable title must be supplied either by the landowner or the District. The Board shall waive the requirement of evidence of marketability for acquisitions of property assessed by the county property appraiser at $10,000 or less, where the District finds, based upon such review of the title records as is reasonable under the circumstances, that there is no apparent impediment to marketability, or to management of the property by the state. The Board shall accept a dedication, gift, grant, or bequest of lands and appurtenances without formal evidence of marketability if, upon recommendation by the District, the Board determines that such lands and appurtenances have value and are reasonably manageable by the state, and that their acceptance is in the public interest.
(c) An acceptable survey must be submitted to and approved by the District. The survey requirement shall be waived by the Board, if donated lands are in their natural unimproved condition and no improvements are contemplated, if the donated lands are completely surrounded by Districtowned lands, if a survey cannot practically be completed, or where the cost of the survey would be prohibitive relative to the expected value of the parcel. Where a survey requirement has been waived by the Board for either of the first two reasons set forth in the preceding sentence, the District shall have the ability to conduct its own survey and to consider the results of such survey in determining whether to accept the proposed donation of land.
(2) Appraisal of donated lands and appurtenances shall not be required as a condition of receipt of such land by the District.
(3) Where less than fee simple title is to be donated, or to aid in clearing the title or otherwise resolving a boundary or title question in any acquisition, the District shall accept less than a special warranty deed, provided District legal counsel recommends acceptance of such a conveyance.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History—New 8-17-99.