Florida Regulations 18-1.011: Board Action
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(1) Within ten days after the execution by an owner of a purchase instrument for an acquiring agency, the acquiring agency will furnish the following to the Division:
(a) The original of the purchase instrument.
(b) A copy of the owner’s disclosure form under Florida Statutes § 286.23
(c) Evidence of the marketability of the title. The Division may agree to defer submittal and approval of the title commitment until after Board approval of the purchase instrument. In such case the acquiring agency shall provide the Division with a copy of the owner’s deed to the property.
(d) The approved appraisal reports.
(e) A letter from the acquiring agency stating that the inventory of existing State-owned lands was examined and contains no suitable available land for the agency’s use, or that the property proposed for purchase is within a project on the council or other land acquisition program lists.
(f) A written statement by the acquiring agency outlining the public purpose for which the acquisition is being made, citing statutory authority, or stating that the property proposed for purchase is within a project on the council or other land acquisition program lists.
(g) A written statement signed by the owner confirming the owner’s relationship with his agent.
(h) A written confirmation by the acquiring agency of the source and availability of funding for the acquisition.
(i) A copy of the current certified survey or appraisal map, approved by the Division in accordance with this rule.
(2) No later than 10 days prior to the time the purchase is to be considered by the Board, the owner shall file the following with the Division:
(a) All disclosures required by Sections 375.031(1) and 380.08(2), F.S.
(b) A statement identifying any expenditures made in the categories set forth in paragraphs (2)(a), (b) or (c) of Fl. Admin. Code R. 18-1.012
(c) A statement providing a good faith estimate of any additional expenditures in the categories set forth in paragraph (2)(a), (b) or (c) of Fl. Admin. Code R. 18-1.012
(3) The Division shall submit the proposed acquiring agency acquisition for consideration by the Board within 45 days after receipt from the acquiring agency by the Division of the materials required by subsections (1) and (2), above. The Division shall supply a copy of the proposed purchase instrument and all supporting documentation to the Board for its review.
(4) The Board must authorize prior to purchase, and pursuant to the provisions of Chapters 253 and 259, F.S., all acquisitions of land title to which will vest in the Board whether or not the acquisition is on behalf of an acquiring agency.
(5) Prior to or concurrent with approval of an acquisition of property, the Board shall designate an agency or agencies to manage the land to be purchased.
Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History-New 6-16-86, Amended 1-29-90, 10-30-91, 4-14-08.
Terms Used In Florida Regulations 18-1.011
- Appraisal: A determination of property value.
- 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.
(b) A copy of the owner’s disclosure form under Florida Statutes § 286.23
(c) Evidence of the marketability of the title. The Division may agree to defer submittal and approval of the title commitment until after Board approval of the purchase instrument. In such case the acquiring agency shall provide the Division with a copy of the owner’s deed to the property.
(d) The approved appraisal reports.
(e) A letter from the acquiring agency stating that the inventory of existing State-owned lands was examined and contains no suitable available land for the agency’s use, or that the property proposed for purchase is within a project on the council or other land acquisition program lists.
(f) A written statement by the acquiring agency outlining the public purpose for which the acquisition is being made, citing statutory authority, or stating that the property proposed for purchase is within a project on the council or other land acquisition program lists.
(g) A written statement signed by the owner confirming the owner’s relationship with his agent.
(h) A written confirmation by the acquiring agency of the source and availability of funding for the acquisition.
(i) A copy of the current certified survey or appraisal map, approved by the Division in accordance with this rule.
(2) No later than 10 days prior to the time the purchase is to be considered by the Board, the owner shall file the following with the Division:
(a) All disclosures required by Sections 375.031(1) and 380.08(2), F.S.
(b) A statement identifying any expenditures made in the categories set forth in paragraphs (2)(a), (b) or (c) of Fl. Admin. Code R. 18-1.012
(c) A statement providing a good faith estimate of any additional expenditures in the categories set forth in paragraph (2)(a), (b) or (c) of Fl. Admin. Code R. 18-1.012
(3) The Division shall submit the proposed acquiring agency acquisition for consideration by the Board within 45 days after receipt from the acquiring agency by the Division of the materials required by subsections (1) and (2), above. The Division shall supply a copy of the proposed purchase instrument and all supporting documentation to the Board for its review.
(4) The Board must authorize prior to purchase, and pursuant to the provisions of Chapters 253 and 259, F.S., all acquisitions of land title to which will vest in the Board whether or not the acquisition is on behalf of an acquiring agency.
(5) Prior to or concurrent with approval of an acquisition of property, the Board shall designate an agency or agencies to manage the land to be purchased.
Rulemaking Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History-New 6-16-86, Amended 1-29-90, 10-30-91, 4-14-08.