Q&A #5.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

719 South Woodland Boulevard

DeLand, FL 32720-6834

JARED W. PERDUE, P.E.

SECRETARY

Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov

Questions and Answers #5

ADVERTISEMENT NUMBER: DOT-ITN-26-5001-ROW

DESCRIPTION: District Five Appraisal, Appraisal Review, Right-of-Way Cost Estimates, Right-of-Way Design Support, and Miscellaneous Valuation Support Services DATE: August 11, 2025

1. Will the appraisals be considered open records?

Appraisals reports conducted on behalf of the Department of Transportation are public record. They are temporarily exempt under section 119.0711, Florida Statutes.

2. What is the intended use of the appraisals?

Appraisals must comply with USPAP and Florida Supplemental Standards to support full compensation to owners. Full compensation is required by the Florida Constitution. FDOT acquires property reasonably necessary for public purposes by negotiated settlement and condemnation via eminent domain. Appraisers are expected to be able to defend their work product and testify in the court of law in support of their valuation.

3. Who will have access to the valuation/appraisal reports?

Landowners, owners’ attorneys, Department staff, review appraisers, the court system, and a 12-member jury are some of the individuals or groups that will have access to the appraisal report.

4. Will the public, including potential sellers of the parcels, be able to access the appraisals?

Yes. The appraisal report is subject to discovery and required to support the good faith offer and negotiations for the parcel prior to any condemnation.

5. Prior to accepting the assignment, will the appraisal company be informed of all counterparties involved in each appraisal?

Depending on the project schedule, title and mapping documents will be provided to the appraisal firm in advance of assignment selection and acceptance. There is occasion with a mere sketch/location and legal description are provided to the appraisal firm before selection and acceptance of the project.

6. Will each task order specify the parcel address and ownership details?

Yes.

7. Does performing an appraisal under this ITN automatically involve the appraisal company in litigation?

Yes, we expect the appraisal firm to enter into an expert witness contract and defend their work product in potential litigation.

8. What is the process by which an appraiser may be required to appear in court to defend their work?

Pursuit to Chapter 74, Florida Statutes, to acquire a property by eminent domain at an Order of Taking Hearing, the Department must provide reasonable necessity, public purpose, and a production of a good faith appraisal. Full compensation is decided by a 12-member jury upon the completion of trial. Our appraiser of record is expected to testify and defend their value at trial.

9. Is there an option for appraisal company to opt out of having its name publicly disclosed in connection with the appraisal work?

No, authors of appraisals are not exempt or confidential from Chapter 119, Public Records. Chapter 73 and 74, Florida Statutes requires a valid, good faith appraisal, and the right to contest the valuation at a jury trial.