18-1.002: Definitions
18-1.006: Appraisal Procedures, Report Requirements and Determining Maximum Amounts
18-1.007: Appraiser Eligibility and Selection
PURPOSE AND EFFECT: The purpose of this amendment is to make the appropriate changes to the Rule 18-1, F.A.C., reflecting the recent legislative changes to Section 253.025, F.S. Pursuant to Section 253.025(6)(f), F.S., the Board of Trustees shall adopt a rule providing for waiver of sales history in appraisal reports where it is cost prohibitive compared to the value of the parcel. Furthermore, pursuant to Section 253.025(6)(e), F.S., changes to paragraph 18-1.007(5)(b), F.A.C., are proposed for consistency among conservation and non-conservation land acquisitions in regards to the appraisal review requirements based on the value of the parcel. The proposed changes will revise subsection 18-1.002(29), F.A.C., and the Supplemental Appraisal Standards for Board of Trustees Land to update the citation of the Uniform Standards of Professional Appraisal Practice to the version effective January 1, 2010. Finally, the adoption by reference of the Supplemental Appraisal Standards for Board of Trustees Land is moved from subsection 18-1.006(1), F.A.C., to definitions in subsection 18-1.002(27), F.A.C.
SUMMARY: The rule amendments will do the following: provide appraisal procedures for state lands acquisition.
Rule 18-1.002, F.A.C., is referenced in two rules. The amendments will have no effect in the referencing rule of: Rule 18-21.003, F.A.C. The amendments will update the definition references of Rule 18-1.002, in Rule 18-2.017, F.A.C.
Rule 18-1.007, F.A.C., is also referenced in several rules. The amendments will have no effect in the following referencing rules: Rules 1A-1.007, 62D-5.058 and 62D-5.071, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 253.03, 253.025, 259.041 FS.
LAW IMPLEMENTED: 253.025, 259.041 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mike Herran, DEP, Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Blvd., MS 110, Tallahassee FL 32399-3000, (850)245-2658, mike.herran@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Herran, DEP, Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Blvd., MS 110, Tallahassee FL 32399-3000, (850)245-2658, mike.herran@dep.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
18-1.002 Definitions.
When used in this chapter, the following shall have the indicated meaning unless the context clearly indicates otherwise:
(1) through (26) No change.
(27) “Supplemental standards” means the Supplemental Appraisal Standards for Board of Trustees Land, dated [effective date] April 14, 2008, hereby adopted by reference, which contains appraisal requirements that establish public policy and add to the standard appraisal procedures and practices of the appraisal profession for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 259, F.S., adopted by the Board of Trustees of the Internal Improvement Trust Fund, available on the internet at: http://www.dep.state.fl.us/lands/appraisal/ or by sending a request to: Department of Environmental Protection, Bureau of Appraisal, 3900 Commonwealth Boulevard, M.S. 110, Tallahassee, Florida 32399-3000 or by phone at (850)245-2658 or by fax at (850)245-2668.
(28) No change.
(29) “USPAP” means the Uniform Standards of Professional Appraisal Practice, effective January 1, 2010 July 1, 2006, which contains the generally accepted standards of the appraisal profession that deal with the procedures to be followed in developing an appraisal, analysis, or opinion and the manner in which such appraisal, analysis, or opinion is communicated, as promulgated by the Appraisal Foundation, available on the internet at: http://www.apraisalfoundation.org or by directing your request to: The Appraisal Foundation, 1155 15th Street, N.W., Suite 1111, Washington, DC 20005.
Rulemaking Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 10-30-91, 4-14-08,________.
18-1.006 Appraisal Procedures, Report Requirements and Determining Maximum Amounts.
(1) The development and reporting of all appraisal services by the fee appraiser shall be consistent with the USPAP, Supplemental Standards, this chapter and the specific assignment. The Supplemental Standards are hereby adopted by reference.
(2) through (3) No change.
(4) In accordance with Section 253.025(6)(f), F.S., the appraisal report shall be accompanied by a sales history of the parcel for the prior five years, with the following exceptions:
(a) The appraisal assignment consists of 25 or more parcels, and
(b) Each parcel is 20 acres or less in size, and
(c) The most recent ad valorem tax assessment for each parcel is $75,000 or less, excluding tax exemptions.
(5) through (9) No change.
Rulemaking Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, 259.041, 373.139 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 1-2-91, 10-30-91, 4-14-08,________.
18-1.007 Appraiser Eligibility and Selection.
(1) through (4) No change.
(5) Appraisal reviews are appraisal services that will be conducted for each assignment by qualified review appraisers in accordance with the USPAP competency requirements. Appraisal review reports shall be submitted to the Chief Appraiser or his designee for approval.
(a) In accordance with Section 259.041, F.S., conservation land acquisition appraisals, Ffor acquisition parcels with values greater than $500,000 an appraisal review will be developed and reported according to the requirements of Standard 3 of the USPAP, the Supplemental Standards, this chapter, and the specific requirements of the assignment. For acquisition parcels with values of $500,000 or less, a cursory review by the Bureau of Appraisal will be conducted for assurance that requirements of the assignment were met. For every 20th appraisal for conservation land acquisition with a value of $500,000 or less, a Standard 3 review, as described above, will be developed and reported for quality assurance purposes.
(b) In accordance with Section 253.025, F.S., non-conservation land acquisition appraisals, for parcels with values greater than $250,000 an appraisal review will be developed and reported according to the requirements of Standard 3 of the USPAP, the Supplemental Standards, this chapter, and the specific requirements of the assignment. For parcels with values of $250,000 or less, a cursory review by the Bureau of Appraisal will be conducted for assurance that requirements of the assignment were met.
(b)(c) No change.
(6) No change.
Rulemaking Specific Authority 253.03, 259.041 FS. Law Implemented 259.041 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91, 4-14-08,________.