Florida Regulations 66B-3.005: Title Reports
Current as of: 2024 | Check for updates
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(1) In order for the District to obtain accurate appraisals, the District shall obtain an adequate legal description of the property to be acquired sufficient to inform the District and the fee appraisers of the boundaries of the property so that the fee appraiser can determine the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history.
(2) Final evidence of marketable title shall be provided prior to the conveyance of title. The form and content of such evidence of marketable title is subject to the approval of the District in order to assure that the District’s interests are fully protected. If a title policy is to be furnished as evidence of marketable title, the final policy must be preceded by a title commitment. Title insurers issuing title policies, abstractors preparing abstracts, and attorneys issuing marketability opinions must be licensed in the State of Florida, in order to assure that the District’s interests are fully protected.
(3) The District shall waive the requirement of the evidence of marketability for acquisition of property assessed by the county property appraiser at $15,000 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 and use of the property by the District.
(4) Unless otherwise stated by the District, the objective of negotiations for acquisition of property is to obtain all the landowners rights, title and interest in the property, together with such rights as are necessary for the planned use and management of the property. All exceptions, reservations, encroachments or other adverse conditions which are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the District and evaluated in writing as to possible adverse effect on the objectives of the District in acquiring the property. All such matters potentially having an adverse effect on acquisition, management and use by the District which become apparent prior to Board approval will be disclosed to the Board at the time of approval.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99, Amended 3-25-21.
Terms Used In Florida Regulations 66B-3.005
- 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.
(3) The District shall waive the requirement of the evidence of marketability for acquisition of property assessed by the county property appraiser at $15,000 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 and use of the property by the District.
(4) Unless otherwise stated by the District, the objective of negotiations for acquisition of property is to obtain all the landowners rights, title and interest in the property, together with such rights as are necessary for the planned use and management of the property. All exceptions, reservations, encroachments or other adverse conditions which are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the District and evaluated in writing as to possible adverse effect on the objectives of the District in acquiring the property. All such matters potentially having an adverse effect on acquisition, management and use by the District which become apparent prior to Board approval will be disclosed to the Board at the time of approval.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99, Amended 3-25-21.