3293458, 18-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 3293458

Notice of Development of Rulemaking

Department:

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

Chapter:

MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES

Overview

RULE:

18-2	MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES
18-2.017	Definitions
18-2.018	Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands
18-2.020	Payments and Consideration

PURPOSE:

The Division of State Lands operates its land acquisition, land management, and appraisal processes through statute, rule, and internal department guidelines, through delegations from and approvals by the Board of Trustees.  Recent changes in statutes, and Board of Trustees' policies and guidelines, which were adopted at lawfully advertised public meetings, have not been adopted by rule.  Rule amendments are needed to clarify and implement statutes and policies adopted by the Board for state land appraisal procedures.  These rule amendments will implement recommendations of the Auditor General's Office in a June 2005 operational audit.  They will improve consistency, adequacy and clarity pertaining to the disposition and management of state land.  The changes will also protect the Board of Trustees against loss of revenue related to oil and gas lease terminations.

SUBJECT:

Revisions to the rule will do the following: clarify appraisal-related terms by adding definitions; clarify the term "appraisal" to include appraisal services, including appraisal reviews; add appraiser selection procedures; incorporate by reference the "Supplemental Appraisal Standards for Board of Trustees Land" for leases, easements, and disposal of uplands; eliminate the use of acreage in determination of whether a parcel should be competitively bid or not, and consider dollar value only; eliminate the requirement that the value of private land for exchange purposes shall be no more than 100% of the average if two appraisals are used, in order to be consistent with acquisition rules; delete provisions that require submittal of appraisals with bids; provide financial security against loss of revenue resulting from an oil and gas lessee's failure to comply with the terms and conditions of a lease; clarify reporting requirements and provide procedures for late payments and reports for oil and gas leases; remove the necessity for a full legal description and listing of land use restrictions when noticing surplus land sales.  To differentiate this rulemaking from another concurrent rulemaking in this chapter, this rulemaking will be called "Appraisal Rules."

RULEMAKING AUTHORITY:

253.03(7), (11), 253.034(6), F.S.

LAW:

253.03, 253.034, 253.0341, 253.111, 253.115, 253.42, 253.421, 253.47-60, F.S.

PRINT PUBLISH DATE:

1/5/2007 Vol. 33/01

RELATED STATUTES
AND LAWS:

253.03(7), (11), 253.034(6), F.S., 253.03, 253.034, 253.0341, 253.111, 253.115, 253.42, 253.421, 253.47-60, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=18-2&PDate=1/5/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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