DATE: August 18, 1992
RE: Maxcy/SOF-Kiss Acq Safe Upland Line
The term "safe upland line" can be found in Chapter 18-1.008(2), F.A.C, copyiAhched. This
term does not appear in any water management district regulation.
Chapter 18-1, F.A.C., was previously Chapter 16Q-3, F.A.C. which became effective in April,
1980. This chapter was repealed in June, 1986 and transferred to Chapter 18-1, F.A.C.
RegFiles does not have an archive of DNR's rules. The DNR regulations only came n-line last
INTERNAL IMPROVEMENT TRUST FUND
proposed fees, the current or anticipated workload
of the fee appraiser as a result of current or
anticipated contractual activity through the
Division, and responses to any other specialized
requirements or questions outlined in the request
for proposal. Committee selections and proposal
information shall be made available promptly to
the acquiring agency for issuance of contracts
(e) If second or third appraisals are required for
a project, appraisers may be selected from the list
of those who previously submitted proposals for the
stated project. If an additional appraisal is needed
for one or more parcels within the project, the Chief
Appraiser may select an appraiser from among
those who previously submitted proposals. If those
appraisersare unavailable, the procedures outlined
in this subsection shall be repeated.
Specifc Audrfty 25103. 253.025(7)(b) FS. Law
Implemaw d 253.02517) FS. History-New 6-16-6.
Anudd 1-2990. 10-30-91.
(1) The acquiring agency may initiate
acquisition negotiations upon receipt of the
required number of appraisal reports approved by
the Chief Appraiser in accordance with subsection
253.025(7), F.S. The Division may negotiate and
enter into an option agreement prior to or after the
receipt and approval of appraisals, subject to the
conditions established in paragraph 253.023(6)(b),
F.S., and this role. 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 acquiring agency to inspect the property in
order to determine its suitability for the purposes of
the acquiring agency.
(b) To ascertain or confirm the owner's interest
in conveying the property to the State.
(c) To explain in general terms the possible tax
advantages of land donations and bargain sales.
(d) To request written permission from the
owner in order to have his property appraised by
State fee appraisers.
(e) To discuss the timing of possible future
acquisitions, and the competition for funds under
the various State acquisition programs.
(f) 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
(g) To request available title data.
(h) To advise of disclosure requirements.
(i) To request available property survey data.
(j) 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. In the
course of negotiations the acquiring agency shall
V. 9, p. 992
discuss the advantages of a donation and bargain
-Ii 6 --
In akinan offer
the acquiring agency shall consider the benefit to
the owner of a single cash payment in relation to
the maximum offer allowed by law. Under no
circumstances will the final purchase price exceed
the value established pursuant to paragraph
253.025(8)(e), FS., and this rule.
(3) Upon the initiation of negotiations the
acquiring agency shall notify the landowner in
writing that final purchase approval is subject to
affirmative action by the Beard. 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
(4) All offers and counter-offers shall be in
writing, and shall be confidential and exempt from
the provisions of Section 119.07(1), F.S., under the
conditions of paragraph 253.025(8)(d).
(5) Purchase negotiations for the acquisition of
any land from the Conservation and Recreational
Lands Trust Fund or Land Acquisition Trust Fund
shall be initiated within six months of approval by
the Division of appraisals of property on the lists
developed pursuant to 259.035, FS. The Quarterly
Report of the Department of Natural Resources to
the Board will contain a report on the status of all
said acquisition projects, with a recommendation as
to any project, or portion of a project, which should
be abandoned in accordance with subsection
Specific Awthory 253.025(14) FS. Law Implemeted
253.023(61(b). 253.025(4). (5), (8) FS. History-New
6-16-86, Amended 4-6-89.1-29-90.
18-1.009 Purchase Instruments.
(1) The final negotiated purchase shall be
placed in the form of a written purchase
instrument, signed by the owner and approved by
the head of the agency, or by the designated
representative of the acquiring agency. Option
agreements entered into prior to approval of the
appraisals must be signed on behalf of the Board by
the Executive Director or the Director. Option
agreements should be utilized, under the
procedures set forth in this rule, when necessary to
protect the interests of the State in purchasing
property owned by more than one person, where it
is not feasible or desirable to include all such
owners on one purchase instrument.
(2) The acquiring agency may prepare and use
any form of purchase instrument approved by the
Director as meeting the intent of the law and this
(3) Before the acquiring agency executes the
purchase instrument the provisions of Section
286.23, F.S., shall be complied with.
(4) A purchase instrument approved by the
Board shall be binding on all parties.