Current through Reg. 50, No. 187; September 24, 2024
(1) Where the
Board has determined that ownership of the land being offered to the District
furthers one or more of the statutory duties of the District, the Board shall
accept donations of land under the following conditions:
(a) The conveyance must be by no less than a
special warranty deed, unless the conveyance is from another governmental
agency or, if a gift or donation is made by quitclaim deed, and the Board
determines that accepting such quitclaim deed is in the best interest of the
public.
(b) Evidence of marketable
title must be supplied either by the landowner or the District. The Board shall
waive the requirement of evidence of marketability for acquisitions of property
assessed by the county property appraiser at $10,000 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 of the property by the state. The Board shall accept a
dedication, gift, grant, or bequest of lands and appurtenances without formal
evidence of marketability if, upon recommendation by the District, the Board
determines that such lands and appurtenances have value and are reasonably
manageable by the state, and that their acceptance is in the public
interest.
(c) An acceptable survey
must be submitted to and approved by the District. The survey requirement shall
be waived by the Board, if donated lands are in their natural unimproved
condition and no improvements are contemplated, if the donated lands are
completely surrounded by District-owned lands, if a survey cannot practically
be completed, or where the cost of the survey would be prohibitive relative to
the expected value of the parcel. Where a survey requirement has been waived by
the Board for either of the first two reasons set forth in the preceding
sentence, the District shall have the ability to conduct its own survey and to
consider the results of such survey in determining whether to accept the
proposed donation of land.
(2) Appraisal of donated lands and
appurtenances shall not be required as a condition of receipt of such land by
the District.
(3) Where less than
fee simple title is to be donated, or to aid in clearing the title or otherwise
resolving a boundary or title question in any acquisition, the District shall
accept less than a special warranty deed, provided District legal counsel
recommends acceptance of such a conveyance.
Rulemaking Authority 374.984(3) FS. Law Implemented
374.984(1)-(3) FS.
New 8-17-99.
