Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.059 - Compliance Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the general requirements for
				  program compliance:
(1) SITE
				DEDICATION. Land owned by the grantee, which is developed or acquired with
				FRDAP funds, shall be dedicated in perpetuity as an outdoor recreational site
				for the use and benefit of the general public. Land under control other than by
				ownership of the grantee such as by lease, shall be dedicated as an outdoor
				recreation area for the use and benefit of the general public for a minimum
				period of twenty-five (25) years from the completion date set forth in the
				project completion certificate. The dedications must be recorded in the public
				property records by the grantee.
(2) MANAGEMENT OF PROJECT SITES. Grantees
				shall ensure by site inspections that facilities on project sites developed
				with FRDAP funds are being operated and maintained for outdoor recreational
				purposes for a minimum period of twenty-five (25) years from the completion
				date set forth in the project completion certificate. All project sites shall
				be open at reasonable times and shall be managed in a safe and attractive
				manner.
(3) CONVERSION. Should a
				grantee, within the periods set forth in subsections
				 62D-5.059(1) and
				(2), F.A.C., convert all or part of the
				project site to other than public outdoor recreational uses, the grantee shall
				replace the area, facilities, resource or site at its own expense with project
				of comparable scope and quality.
(4) NON-COMPLIANCE. The Department shall
				terminate a project agreement and demand return of the program funds (including
				interest) for non-compliance by a grantee with the terms stated in the project
				agreement or this rule. If grantee fails to comply with the provisions of this
				part or the project agreement, the Department shall declare the grantee
				ineligible for further participation in FRDAP until such time as compliance has
				been obtained.
(5) PUBLIC
				ACCESSIBILITY. All facilities shall be accessible to the public on a
				non-exclusive basis, without regard to age, sex, race, religion, or ability
				level.
(6) ENTRANCE FEES.
				Reasonable differences in entrance fees for program projects may be maintained
				on the basis of residence. Such fees may only be charged if the grantee can
				clearly show that the difference in entrance fees reflects, and is
				substantially related to, all economic factors related to park management, and
				it is not simply related to the amount of tax dollars spent by the residents
				for the park; and that a definite burden on the grantee in park maintenance
				costs clearly justifies a higher fee for nonresidents.
(7) NATIVE PLANTINGS. In developing a project
				area with program funds, a grantee shall primarily use vegetation native to the
				area, except for lawn grasses.
(8)
				POST COMPLETION INSPECTIONS. Department staff shall have the right to perform
				an on-site inspection of program sites to ensure compliance with program
				requirements as stated in subsections (1), (2) and (3), of this
				section.
Rulemaking Authority
					 375.075 FS. Law Implemented
					 375.075
					 FS.
New 12-10-90, Formerly 16D-5.059, Amended 8-13-98,
					 8-15-04.