Florida Regulations 62-819.004: Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title
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(1) Section 259.105(3)(c), F.S., allocate proceeds deposited into the Florida Forever Trust Fund to the Department to provide land Acquisition grants through the Florida Communities Trust pursuant to Florida Statutes Chapter 380, Part III Title to real property purchased with these funds may be vested in the Recipient or the Board of Trustees.
(2) At the time the Recipient executes the Grant Contract, the Recipient shall elect one of the following options; either:
(a) Title to the Project Site will vest in the Recipient, or
(b) Title to the Project Site will vest permanently in the Board of Trustees.
(3) If the Recipient elects to hold title, then the following applies:
(a) The election is subject to approval by the Trust, such approval indicated when the Grant Contract governing the grant funds is executed between the Recipient and the Trust;
(b) The Trust shall not withhold approval of the Recipient’s election to take title unless the Trust specifically finds on the record of a public meeting that the Recipient is not capable of holding title or has failed to provide the Trust with reasonable and adequate assurances that the public interests will be protected;
(c) The Acquisition of a Project Site shall take place under one of the following procedures:
1. For a Project Site that consists of ten or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.
2. For a Project Site that consists of eleven or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.
3. If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.
(d) When the Recipient is the party responsible for Acquisition activities, the Recipient will follow the Acquisition procedures outlined in this rule chapter. If the Recipient contracts with an Agent to act on the Recipient’s behalf in pursuing the Acquisition in accordance with this rule chapter, the Agent’s fee may be recognized as an eligible Project Cost only if the Acquisition closes.
(4) If a Pre-acquired or Reimbursement Acquisition, title vests in the Recipient and Recipient will provide notification that Recipient’s acquisition procedures were followed. If Recipient has no such procedures, the Recipient may follow the Acquisition procedures outlined in this rule chapter.
(5) If the Recipient elects that title vest in the Board of Trustees, the following applies:
(a) The election must be approved by the Trust and the Board of Trustees; and,
(b) The Acquisition activities and negotiations shall be conducted by the Trust following the requirements of Florida Statutes § 253.025, and Fl. Admin. Code Chapter 18-1, the applicable statutes and rules for all Acquisitions of the Board of Trustees.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.105, 380.501-.515 FS. History-New 5-27-01, Amended 5-20-02, 2-8-05, 2-19-07, Formerly 9K-8.004.
Terms Used In Florida Regulations 62-819.004
- Contract: A legal written agreement that becomes binding when signed.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Title to the Project Site will vest in the Recipient, or
(b) Title to the Project Site will vest permanently in the Board of Trustees.
(3) If the Recipient elects to hold title, then the following applies:
(a) The election is subject to approval by the Trust, such approval indicated when the Grant Contract governing the grant funds is executed between the Recipient and the Trust;
(b) The Trust shall not withhold approval of the Recipient’s election to take title unless the Trust specifically finds on the record of a public meeting that the Recipient is not capable of holding title or has failed to provide the Trust with reasonable and adequate assurances that the public interests will be protected;
(c) The Acquisition of a Project Site shall take place under one of the following procedures:
1. For a Project Site that consists of ten or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.
2. For a Project Site that consists of eleven or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.
3. If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.
(d) When the Recipient is the party responsible for Acquisition activities, the Recipient will follow the Acquisition procedures outlined in this rule chapter. If the Recipient contracts with an Agent to act on the Recipient’s behalf in pursuing the Acquisition in accordance with this rule chapter, the Agent’s fee may be recognized as an eligible Project Cost only if the Acquisition closes.
(4) If a Pre-acquired or Reimbursement Acquisition, title vests in the Recipient and Recipient will provide notification that Recipient’s acquisition procedures were followed. If Recipient has no such procedures, the Recipient may follow the Acquisition procedures outlined in this rule chapter.
(5) If the Recipient elects that title vest in the Board of Trustees, the following applies:
(a) The election must be approved by the Trust and the Board of Trustees; and,
(b) The Acquisition activities and negotiations shall be conducted by the Trust following the requirements of Florida Statutes § 253.025, and Fl. Admin. Code Chapter 18-1, the applicable statutes and rules for all Acquisitions of the Board of Trustees.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.105, 380.501-.515 FS. History-New 5-27-01, Amended 5-20-02, 2-8-05, 2-19-07, Formerly 9K-8.004.