Florida Regulations 66B-3.010: Negotiations
Current as of: 2024 | Check for updates
|
Other versions
(1) The lack of received and approved appraisals shall not prevent the District from negotiating and entering into a purchase agreement, so long as the purchase agreement provides that the final purchase price shall be established by the approved appraisals. All owner contact shall be documented in the appropriate acquisition file of the acquiring agency. Initial contact with the landowner by the acquiring agency may be established prior to negotiations, provided that such contact is limited to the following:
(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner’s permission for the District to inspect the property in order to determine its suitability for the purposes of the District.
(b) To ascertain or confirm the owner’s interest in conveying the property to the District.
(c) To explain in general terms the possible tax advantages of land donations and bargain sales.
(d) 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.
(e) To request available title data.
(f) To advise of disclosure requirements.
(g) To request available property survey data.
(h) To discuss other information pertinent to the acquisition process in general.
(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. Under no circumstances will the final purchase price exceed the value established pursuant to this rule.
(3) Upon the initiation of negotiations the District shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. 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 District.
(4) All offers and counter offers shall be in writing.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99.
Terms Used In Florida Regulations 66B-3.010
- Fiduciary: A trustee, executor, or administrator.
(b) To ascertain or confirm the owner’s interest in conveying the property to the District.
(c) To explain in general terms the possible tax advantages of land donations and bargain sales.
(d) 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.
(e) To request available title data.
(f) To advise of disclosure requirements.
(g) To request available property survey data.
(h) To discuss other information pertinent to the acquisition process in general.
(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. Under no circumstances will the final purchase price exceed the value established pursuant to this rule.
(3) Upon the initiation of negotiations the District shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. 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 District.
(4) All offers and counter offers shall be in writing.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99.