reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter is promulgated to set forth the procedures
				  that shall be followed in the Area of Critical State Concern Program of the
				  Florida Communities Trust, recognizing the legislative intent expressed in
				  Chapter 380, Part III, F.S. The Florida Communities Trust Act, and Section
				  259.101, The Preservation 2000
				  Act, F.S.; specifically, to assist counties to implement the conservation,
				  recreation and open space, and coastal management elements of local
				  comprehensive plans, to assist in conserving natural resources and resolving
				  land use conflicts through a program of matching grants for land acquisition
				  within Areas of Critical State Concern.
Rulemaking Authority 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 6-30-93, Formerly
					  9K-5.001.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.004 - Communications to the Governing Body

Current through Reg. 50, No. 138; July 16, 2024
After a proposal has been formally submitted for funding
				  under the conditions described herein, all communications to the Trust
				  governing body regarding any proposal under consideration shall either be in
				  writing and mailed or delivered to all members of the governing body, mailed or
				  delivered to the Program Manager for distribution to all members of the
				  governing body, or be presented in writing or orally to the governing body in a
				  public meeting of the Trust.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 380.508
					 FS.
New 6-30-93, Formerly
					  9K-5.004.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.005 - Submission of Proposal(s)

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				deadlines for submitting proposals shall be announced in the Florida
				Administrative Register at least seventy-five days prior to each
				deadline.
(2) Proposals must be
				timely submitted by mail or delivered to the Program Manager, Florida
				Communities Trust, 3900 Commonwealth Boulevard, Tallahassee, Florida
				32399-3000. To be timely submitted, proposals must be received on or before the
				published proposal deadline. Facsimile or electronically transmitted proposals
				will not be accepted.
(3) Proposals
				received after the published deadline shall not be considered by the Trust
				unless an exception for good cause is made by the Program Manager of the Trust.
				Good cause shall mean that the applicant made diligent effort to provide the
				proposal on or before the published deadline, but due to the negligence of the
				delivery service the proposal was not timely received.
(4) Proposals received by the published
				deadline will be reviewed by Trust staff for eligibility. A Notice of Receipt
				shall be mailed to the applicant advising that the proposal was timely received
				and found eligible or ineligible for consideration for funding.
(5) Proposals shall be evaluated by the Trust
				staff as submitted by the published deadline. No additional information shall
				be accepted after the proposal deadline, unless specifically requested by the
				Trust staff for clarification purposes during the evaluation of the proposal.
				Without exception any clarification information requested by the staff shall be
				received by the Trust no later than 30 days prior to the selection meeting.
				Information that, by the due diligence of the applicant, could not have been
				discovered and submitted with the proposal will be considered new information.
				The Trust will accept new information subsequent to the proposal deadline. The
				Trust staff requests that all new information be provided to the staff no later
				than 24 hours prior to the selection meeting.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.508
					 FS.
New 6-30-93, Formerly
					  9K-5.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.006 - Proposal Materials

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants must
				submit ten complete sets of materials. One set must contain original text and
				non-text items. The remaining nine sets may contain legible first generation
				copies of text and non-text items, unless otherwise specified in the proposal
				form.
(2) All proposals shall be
				submitted on Form FCT/ACSC-2 and contain the following categories of
				information, appropriate for the proposal, in a cost-effective form available
				to the applicant:
(a) Applicant information.
1. Estimated project cost information,
				including the amount of grant requested and the source and amount of local
				match;
2. A statement describing
				the administrative capability, including personnel, facilities and organization
				that will be used to complete the project or implement the land acquisition
				program and meet the administrative and accounting requirements of the
				grant.
3. Description outlining the
				land acquisition procedures to be employed to acquire the project site(s) or to
				be used in the land acquisition program. The proposal must provide
				documentation evidencing that the procedures are consistent with the
				requirements for acquisition of land using Preservation 2000 funds specified in
				Rule Chapter 62-817, F.A.C., or where applicable, Section
				 380.507(11),
				F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.008 - Preparation and Acceptance of Management Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) All grantees must prepare a final
				management plan for approval by the governing body prior to the release of any
				funds by the Trust. This plan must include the following:
(a) At a minimum the management plans shall
				set forth how the site will be managed to further the purpose of the project, a
				description of all planned improvements to the project site, the costs and
				funding sources, and the management entity and its funding source. If the
				grantee is not the proposed managing entity, the management plan must include a
				signed agreement between the grantee and the managing entity stating the
				managing entity's willingness to manage the site, the manner in which the site
				will be managed to further the purpose(s) of the project, and identification of
				the source of funding for management.
(b) Evidence that the management plan is
				consistent with the local comprehensive plan.
(c) Evidence that the conditions imposed in
				the grant contract have been satisfied.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.009 - Grant Contract

Current through Reg. 50, No. 138; July 16, 2024
(1) All matching
				grant awards which have been approved in accordance with Rule
				 62-816.007, F.A.C., shall be
				made by formal grant contract.
(2)
				The grant contract shall be prepared by the Trust and shall contain by
				reference all regulations, rules, and other conditions governing the matching
				grant award. No other requirements shall be imposed upon the grantee by the
				Trust except in accordance with this rule chapter.
(3) The grant contract shall include at a
				minimum the following specific provisions:
(a) Identification of the project by name and
				by project number assigned by the Trust;
(b) A statement of the maximum amount of
				matching grant funds allocated to the project;
(c) A statement that the project work may not
				be initiated prior to execution of the grant contract;
(d) A requirement for evidence that the local
				match portion of the total project costs has been transferred by the local
				government into a restricted segregated account established and used
				exclusively for the purposes of the funded project. This same account shall be
				the receiving account for the Trust matching grant and shall be subject to the
				accounting and auditing provisions set forth in Rules
				 62-816.010, .011 and .012,
				F.A.C.;
(e) A specific date by
				which the project shall be completed;
(f) A description of the scope and nature of
				the project work for which grant assistance is authorized;
(g) A management plan that meets the
				requirements set forth in Rule
				 62-816.008, F.A.C.;
(h) A statement of the format, schedule, and
				information content of project progress reports to be submitted to the Trust,
				in addition to the annual stewardship report described in Rule
				 62-816.015, F.A.C.;
(i) A statement of all applicable accounting
				and audit requirements in accordance with Rules
				 62-816.010, .011 and .012,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.010 - Accounting Requirements

Current through Reg. 50, No. 138; July 16, 2024
The grantee shall maintain an accounting system which
				  provides for a complete record of the use of all funds connected with the
				  grant. This accounting system shall provide for:
(1) Accurate, current, and complete
				disclosure of the financial results of the grant.
(2) Records that identify adequately the
				sources and application of funds for all activities related to the grant. In
				the absence of a proper accounting system with accounts for source and
				application of funds, a separate checking account may be used.
(3) Effective control over and accountability
				for all funds, property, and other assets.
(4) Comparison of actual outlays with amounts
				in budget.
(5) Procedures to
				minimize the time elapsing between the transfer of funds from the Trust and the
				disbursement by the grantee.
(6)
				Procedures for determining reasonableness, allowability, and allocability of
				costs.
(7) Accounting records that
				are supported by source documentation, for example: invoices, bills, canceled
				checks.
(8) An independent audit
				performed in accordance with Section
				 11.45, F.S., and rules of the
				Auditor General of the State of Florida. Such audits should be conducted at
				least every two (2) years.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.010.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.011 - Retention of Accounting Records

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Financial records, supporting documents, statistical records, and all other
				records pertinent to a grant shall be retained for a period of three years
				after the end of the grant period or until an audit is completed. If any
				litigation, claim, or audit is started before the expiration of the three year
				period, the records shall be retained until all litigation, claims, or audit
				findings involving the records have been resolved.
(2) The grantee shall make all grant records
				of expenditures, copies of reports, books, and related documentation available
				to the Trust, the Department, or any duly authorized representatives of the
				state for inspection at a reasonable time for the purpose of making audits,
				examinations, excerpts, and transcript.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.012 - General Audit Procedures

Current through Reg. 50, No. 138; July 16, 2024
The Trust shall develop a monitoring and audit schedule at
				  the beginning of each grant year to insure the adequate monitoring and audit of
				  selected grantees. All grantees that receive a matching grant shall provide for
				  examinations in the form of audits of their books and accounts. This does not
				  mean that each grant shall be audited separately. The grantee may provide for a
				  general audit of its books performed in accordance with Section
				   11.45, F.S., that would include
				  the grant. The Trust may, at its option, perform selected or complete audits of
				  grants or grantees. The potential for such an audit increases when one of the
				  following circumstances or conditions exist:
(1) First year grantees;
(2) Where a grants administrative official of
				the Department or Trust determines that a grant report indicates that a
				provision of the grant requirements has not been met or a grant report has not
				been filed by the grantee;
(3) The
				grantee has a history of poor performance under a Trust grant;
(4) The grantee is under investigation by
				another granting agency.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.508,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.012.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.013 - Revisions to Grant Assisted Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) No changes shall be made in the scope or
				nature of the project work, or in the amount of grant assistance authorized,
				except by formal amendment to the grant contract, duly authorized by the Trust
				and signed by both parties.
(2) The
				grantee shall be responsible for prompt notification to the Trust of any
				conditions or circumstances that may require or justify such changes and shall
				submit a written request for amendment to the grant contract detailing the
				changes requested and supported by such information and documentation as may be
				appropriate.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.508,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.013.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.014 - Termination

Current through Reg. 50, No. 138; July 16, 2024
(1) Matching grants shall normally be
				terminated by the final disbursement of allocated funds following satisfactory
				completion of the project work.
(2)
				Failure of the grantee to comply with the provisions of the grant contract
				shall constitute grounds for terminating the matching grant.
(3) Funds remaining in any grant allocation
				as a result of early termination of a project grant or from completion of the
				project at less than anticipated cost shall revert to the Florida Communities
				Trust Preservation 2000 Trust Fund and be attributed to the bond series out of
				which the matching grant was made.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.508,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.014.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.015 - Annual Stewardship Report

Current through Reg. 50, No. 138; July 16, 2024
Each award to a grantee shall include a condition that
				  requires annual stewardship reports from each of the grantees benefiting from
				  the award and title holder if different, in order to: verify that conditions
				  imposed at the time the award was made are being followed; monitor the
				  stewardship and use of the property; verify the status of conditions in Rule
				   62-816.009, F.A.C.; satisfy the
				  requirement in paragraph
				   62-816.010(3)(h),
				  F.A.C., and other sections of this rule chapter. The stewardship report shall
				  be due on the anniversary of the date on which the management plan was approved
				  by the governing body.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101,
					 375.045,
					 380.508,
					 380.510
					 FS.
New 6-30-93, Formerly
					  9K-5.015.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to set forth the
				  procedures that must be followed for all land acquisition by local governments
				  or the Trust using Preservation 2000 funds awarded by the Florida Communities
				  Trust. This rule chapter implements Section
				   380.507(11),
				  F.S., that relates to land acquisition procedures and requirements using
				  proceeds from the Preservation 2000 Trust Fund.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.001.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.003 - General Information

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				chapter shall govern the activities for acquisition of real property using
				proceeds from the Preservation 2000 Trust Fund, when title to such real
				property vests in the local government.
(2) Pursuant to Section
				 380.507(11),
				F.S., these rules must include, but not be limited to, procedures for
				appraisals and confidentiality consistent with Sections
				 125.355(1)(a) and
				(b), and
				 166.045(1)(a) and
				(b), F.S., a method of determining a maximum
				purchase price, and procedures to insure that the land is acquired in a
				voluntarily negotiated transaction, surveyed, conveyed with marketable title
				and examined for hazardous materials contamination.
(3) The disbursement of Preservation 2000
				funds from the trust shall be subject to the following conditions:
The administration and use of any funds received by the trust
				  from the Preservation 2000 Trust Fund shall be subject to such terms and
				  conditions imposed thereon by the agency of the state responsible for the
				  revenue bonds, the proceeds of which are deposited in the Preservation 2000
				  Trust Fund, including restrictions imposed to ensure that the interest on any
				  such revenue bonds issued by the state as tax-exempt revenue bonds will not be
				  included in the gross income of the holders of such bonds for federal income
				  tax purposes.
(4) The local
				government shall designate an employee of the local government who shall serve
				as the key contact for the exchange of information regarding the acquisition
				activities and who shall be responsible for ensuring local government
				compliance with the provisions of all applicable statutes, the grant agreement,
				rules of the Trust and any local land acquisition ordinances that may
				apply.
(5) Funds awarded through
				any program of the Trust that derive from the Preservation 2000 Trust Fund may
				only be used to pay the eligible project costs associated with voluntarily
				negotiated land acquisitions.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.003.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.004 - Election by Local Government of Titleholder and Negotiating Entity; Statutes and Rules Governing Acquisitions; Title

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				 259.101(3)(c),
				F.S., allocates proceeds deposited into the Preservation 2000 Trust Funds to
				the Department to provide land acquisition grants and loans to local
				governments through the Florida Communities Trust pursuant to Chapter 380, Part
				III, F.S. Title to real property purchased with these funds may be vested in
				the Board of Trustees of the Internal Improvement Trust Fund or may be vested
				in a local government.
(2) At the
				time the local government grant recipient executes the agreement that will
				govern acquisition funding received from the Trust, the local government shall
				elect one of the following options; either:
(a) Title to the project site will vest in
				the local government, or
(b) Title
				to the project site will vest permanently in the Board of Trustees of the
				Internal Improvement Trust Fund.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.005 - Title Report and Evidence of Marketable Title

Current through Reg. 50, No. 138; July 16, 2024
(1) Initial Title Report. In order to obtain
				appraisals, the party responsible for acquisition activities as determined in
				paragraph  62-817.004(3)(c),
				F.A.C., shall order a title report or title commitment. The title report shall
				include a legal description of the real property to be acquired that is
				sufficient to inform the Trust, the recipient and the appraisers of the status
				of ownership, encumbrances, exceptions, reservations, and previous ownership
				history.
(2) Evidence of marketable
				title.
(a) Evidence of owner's marketable
				title shall be provided prior to the conveyance of title in the form of a
				marketable title insurance commitment, which shall be followed after conveyance
				by an owner's marketable title insurance policy (ALTA Form B).
(b) The Trust and recipient may mutually
				agree to waive the requirement of evidence of marketable title for acquisition
				of property assessed by the county property appraiser at $10, 000.00 or less.
				Such waiver shall be based on such review of the title records as is reasonable
				under the circumstances that shows no apparent impediment to marketability or
				to management of the property by the recipient.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.008 - Confidentiality of Appraisals

Current through Reg. 50, No. 138; July 16, 2024
(1) The Trust,
				the recipient, the recipient's agent(s) and the party responsible for
				acquisition shall maintain confidentiality of appraisals, according to the
				requirements set forth below.
(2)
				Section  125.355(1)(a),
				F.S., for counties, and Section
				 166.045(1)(a),
				F.S., for municipalities, require that in any case in which a county or
				municipality, pursuant to the provisions of this section, seeks to acquire by
				purchase any real property for a public purpose, every appraisal must be in
				writing.
(3) Pursuant to the
				sections cited in subsection (2), above, such appraisals are not available for
				public disclosure or inspection and are exempt from the provisions of Section
				 119.07(1),
				F.S., until an option contract is executed by the municipality or county, or if
				no option contract is executed, until 30 days before a contract or agreement
				for purchase is considered for approval by the governing body of the
				municipality or county.
(4)
				Pursuant to the sections cited in subsection (2), above, if a contract or
				agreement for purchase is not submitted to the municipal or county governing
				body for approval, the exemption from Section
				 119.07(1),
				F.S., will expire 30 days after the termination of negotiations.
(5) The date of termination of negotiations
				shall be based on a written statement from a party to the negotiations that
				good faith efforts at negotiating a purchase agreement have failed and that the
				party desires to cease negotiations. Reinitiation of negotiations shall require
				approval of the Trust.
(6) The
				Trust and the recipient, and their agents if any, shall execute an agreement to
				maintain confidentiality of appraisals until such time as the appraisal
				information is no longer exempt from Section
				 119.07(1),
				F.S., as described in subsection (3), above. This agreement of confidentiality
				shall expressly name the individuals to whom the appraisal information may be
				disclosed during the period that the appraisal is exempt from the requirements
				of Section  119.07(1), F.S.
				Pursuant to the sections cited in subsection (2), above, the exemptions from
				Section  119.07(1),
				F.S., that are provided in this paragraph are subject to the Open Government
				Sunset Review Act in accordance with Section
				 119.14,
				F.S.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.008.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.010 - Confidentiality of Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(1) The Trust and the recipient shall
				maintain confidentiality of offers and counteroffers, according to the
				requirements set forth below.
(2)
				Pursuant to Section  125.355(1)(a),
				F.S., for counties, and Section
				 166.045(1)(a),
				F.S., for municipalities, such offers and counteroffers are not available for
				public disclosure or inspection and are exempt from the provisions of Section
				 119.07(1),
				F.S., until an option contract is executed or, if no option contract is
				executed, until 30 days before a contract or agreement for purchase is
				considered for approval by the governing body of the municipality or
				county.
(3) Pursuant to the
				sections cited in subsection (2), above, if a contract or agreement for
				purchase is not submitted to the municipal or county governing body for
				approval, the exemption from Section
				 119.07(1),
				F.S., will expire 30 days after the termination of negotiations.
(4) The date of termination of negotiations
				shall be based on a written statement from a party to the negotiations that
				good faith efforts at negotiating a purchase agreement have failed and that the
				party desires to cease negotiations. Reinitiation of negotiations shall require
				approval of the Trust.
(5) The
				Trust and the recipient, and their agents if any, shall execute an agreement to
				maintain confidentiality of offers and counteroffers until such time as the
				offers and counteroffers are no longer exempt from Section
				 119.07(1),
				F.S., as described in subsection (3), above. This agreement of confidentiality
				shall expressly name the individuals to whom the offers and counteroffers may
				be disclosed during the period that the offers and counteroffers are exempt
				from the requirements of Section
				 119.07(1), F.S.
				Pursuant to the sections cited in subsection (2), above, the exemptions from
				Section  119.07(1),
				F.S., that are provided in this paragraph are subject to the Open Government
				Sunset Review Act in accordance with Section
				 119.14,
				F.S.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.010.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.011 - Purchase Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) The form of the
				final negotiated purchase shall be a written purchase agreement that is signed
				by the owner, the recipient and the Trust.
(2) The Trust or recipient may prepare and
				use any form of purchase agreement approved by the Trust as meeting the intent
				of all applicable laws and this rule chapter.
(3) The Trust shall develop a model standard
				purchase agreement that may be used by the party conducting the
				negotiations.
(4) The party
				responsible for negotiations shall obtain all disclosures of beneficial
				interest required in Section
				 286.23, F.S., before entering
				into a purchase agreement.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.012 - Examination for Hazardous Materials Contamination

Current through Reg. 50, No. 138; July 16, 2024
(1) All sites acquired with funds from the
				Preservation 2000 Trust Fund shall be examined for hazardous materials
				contamination within 45 days before closing.
(2) The examination for hazardous materials
				contamination shall be performed by an individual who is experienced in
				performing such an environmental site assessment and shall be documented in
				writing to the Trust and the recipient.
(3) The examination for hazardous materials
				contamination shall be performed to the standard of practice of the American
				Society of Testing Materials. For Phase I environmental site assessment, such
				standard of practice shall be the ASTM Practice E 1527. If the Findings and
				Conclusions section of the assessment reports evidence of recognized
				environmental conditions, then a Phase II Environmental Site Assessment shall
				be performed to address any suspicions raised in the Phase I environmental site
				assessment and to confirm the presence of contaminants on site.
(4) Prior to closing the recipient shall
				examine the written assessment and advise the Trust in writing of its
				understanding that by accepting title, it may be assuming liability for future
				adverse action or cleanup associated with the lands covered by the
				assessment.
(5) Because the Board
				of Trustees will have an executory interest in the land, the Trust shall have
				the right to refuse to deliver funds for closing a site where hazardous
				materials contamination, in the sole view of the Trust, presents a liability to
				the state that outweighs the benefits derived from the acquisition of the site.
				In the event an adverse environmental assessment is reported on a site after
				the Trust governing board has approved the project plan and the release of
				funds for the site, the Trust governing board hereby delegates to Trust staff
				the authority to determine if a delay in, or termination of, the closing is in
				the best interest of the State of Florida. Exercise of such delegation of
				authority shall be subject to ratification by the governing board at its next
				regularly scheduled meeting. Prior to exercising the delegation of authority,
				the Trust staff shall confer with the appropriate staff of the Department of
				Environmental Protection for assistance in assessing the risk to the State of
				Florida. If it is determined by Trust staff that a delay in, or termination of,
				the closing is in the best interest of the State of Florida, the Trust staff
				shall immediately notify the Recipient. The party responsible for negotiations
				shall immediately notify all other parties to the purchase agreement of the
				action taken and the basis for the action.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.012.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.013 - Trust Governing Body Action

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to Section  380.510(3),
				F.S., the Trust shall approve the terms under which the interest in land is
				acquired. Such approval shall be evidenced by the Trust execution of the
				purchase agreement.
(2) The Trust
				shall consider and approve the terms of the acquisition, together with all
				other requirements associated with the grant award to the recipient and the
				release of funds for the grants.
(3) Notice of this approval shall be
				published in the Florida Administrative Weekly, according to the subsection
				 62-815.011(3) 
				or  62-816.007(6),
				F.A.C., which notify the public that any person with substantial interests that
				are or may be determined by the approval or denial of funds for projects by the
				Trust may request an administrative proceeding pursuant to Section
				 120.57, F.S., and Rule 9K-1.008,
				F.A.C., within 21 days from publication of the Notice of Approval for
				Preservation 2000 Funds.
(4) After
				the expiration of the 21-day notification period and provided that all purchase
				agreement and grant terms have been met, the Trust shall execute a letter
				notifying the seller of exercise of option, if an option agreement was used.
				The recipient shall likewise execute a letter notifying the seller of exercise
				of option when all purchase agreement and grant requirements have been
				met.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Amended 9-7-00, Formerly
					  9K-6.013.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter sets forth the procedures that must be
				  followed for grant applications for Florida Forever funds awarded by Florida
				  Communities Trust. The purpose of the program is to provide grants to local
				  governments and non-profit environmental organizations for the acquisition of
				  community-based projects, urban open spaces, parks and greenways to implement
				  local government comprehensive plans.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Repromulgated 5-20-02, Amended 2-7-05,
					 Formerly  9K-7.001.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.003 - General Requirements and Eligibility Standards

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the general procedures for the
				  Florida Forever Program of the Florida Communities Trust (FCT).
(1) Application Form. Application Form FCT-5
				(eff. 2-8-10), incorporated herein by reference, is prescribed for use with
				these rules. Applications for funding must be submitted on Application Form
				FCT-5. Applicants may only submit one Application Form per Project Site. A
				copy, or instructions for receiving the Application Form in an electronic
				format, may be obtained by writing to the Florida Communities Trust, 3900
				Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000, by calling
				(850)245-2669, or via
http://www.flrules.org/Gateway/reference.asp?No=Ref-02354
.
(2) Notice of Application Period. The Trust
				shall announce the limitation on Award amounts and applicable deadlines in the
				Notice of Application Period published in the F.A.R.
(3) All Project Sites shall be open to the
				public.
(4) Eligible Applicants:
(a) Local Governments; and,
(b) Nonprofit Environmental
				Organizations.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.005 - Communications to the Governing Board

Current through Reg. 50, No. 138; July 16, 2024
After an Application has been submitted for funding under the
				  conditions described herein, all communications to the Governing Board of the
				  Trust regarding any Application under consideration shall be in writing and
				  mailed or delivered to the Trust for distribution to all members of the
				  Governing Board or be presented in writing or orally to the Governing Board at
				  the ranking and selection meeting.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 380.508
					 FS.
New 5-27-01, Repromulgated 5-20-02, Amended 2-7-05,
					  9K-7.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.006 - Application Review

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				received by the Application deadline shall be reviewed and evaluated by Trust
				staff based on the materials submitted. Applicants will be notified of the
				timely receipt and status of their Application(s).
(2) No additional information shall be
				accepted after the Application deadline, unless specifically requested by the
				Trust staff for clarification of information provided in the Application
				received by the published Application deadline.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 380.508
					 FS.
New 5-27-01, Amended 5-20-02, 2-8-10, Formerly
					  9K-7.006.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.010 - Modification to Expand the Project Boundary (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105,
					 380.510
					 FS.
New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, Repealed
					 2-8-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.011 - Preparation and Acceptance of the Management Plan

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to release of Florida Forever Funds
				for a project, the Recipients shall submit a Management Plan for approval by
				the Trust. Phased Projects or additions to Trust funded projects shall be
				combined into existing Management Plans. The Management Plan shall explain how
				the Project Site will be managed to further the purposes of the project and
				meet the terms and conditions of the Grant Agreement.
(2) The Trust shall approve the Management
				Plan upon confirmation that it is consistent with the purposes of the
				Application and the terms and conditions of the Grant Agreement.
(3) Any revision or modification to the
				approved Management Plan will require review and approval by the Trust. The
				Recipient shall provide a written request for any Management Plan change
				including all appropriate supporting materials.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105,
					 380.510
					 FS.
New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10,
					 Formerly  9K-7.011, Amended
					 6-10-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.012 - Title, Acquisition Procedures, Project Plans, Lease Agreements and Transfer of Title

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter and chapter 62-819, F.A.C., shall govern in
				  all matters of title, acquisition procedures, Project Plans, lease agreements
				  and transfer of title for lands acquired with Florida Forever funds received
				  under the Florida Forever Program.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 380.508,
					 380.510
					 FS.
New 6-25-01, Repromulgated 5-20-02, Formerly
					  9K-7.012.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.013 - Annual Stewardship Report Requirement

Current through Reg. 50, No. 138; July 16, 2024
(1) Each award to a Recipient shall include a
				condition that, after Acquisition of the Project Site, a stewardship report is
				required. The stewardship report is intended to verify that conditions imposed
				at the time the award was made are being followed and to monitor the
				stewardship and use of the property. The stewardship report shall be due each
				year.
(2) Once the project is fully
				developed as outlined in the approved Management Plan, the stewardship report
				for that projects may be submitted to the Trust on a five year review cycle:
(a) To initiate the five year review cycle of
				the stewardship report, the Recipient shall provide the following:
1. Written statement of completion certifying
				that the Project Site was developed in accordance with the approved Management
				Plan,
2. Updated Management Plan
				that includes an as-built master site plan drawing showing all facilities and
				structures; and,
3. Photographic
				record of all completed site improvements and restoration
				activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.014 - Modification to Expand the Project Boundary

Current through Reg. 50, No. 138; July 16, 2024
Modification to expand the boundary of a Project Site
				  selected for approval will be considered by the Trust on a case-by-case basis.
				  Requests to modify the project boundary shall be submitted to the Trust within
				  12 months of the approval of the Grant Agreement. Requests for boundary
				  amendments received after said deadline shall not be considered unless an
				  exception is granted by the Trust based upon the demonstration of good cause.
				  Good cause shall be based on whether the boundary modification is necessary to
				  the successful development and management of the Project Site. The following
				  procedures are established to guide the submission and review of boundary
				  modification requests.
(1) A written
				request for boundary modification must be submitted and contain the items
				listed below. The request must be transmitted with an original signature cover
				letter on the Recipient's letterhead, signed by the appropriate authorized
				representative named in the Grant Agreement, and include a statement binding
				the Recipient to fulfill the commitments made in the request for boundary
				modification.
(a) An explanation of how the
				proposed modification complies with the intent and purpose of the project as
				stated in the original Application;
(b) An explanation of why the requested
				boundary change was not contained in the original Application;
(c) An explanation of the effect on the
				overall project if the requested modification is not approved;
(d) A written statement signed by the
				Recipient detailing any and all changes to the original Application which
				result from the boundary modification being proposed; and,
(e) An amended acquisition
				plan.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.015 - Consideration of Recipient's Request for Linear Facilities

Current through Reg. 50, No. 138; July 16, 2024
The Declaration of Restrictive Covenants for Trust Project
				  Sites limits the use of the property to conservation, outdoor recreation, and
				  other related activities. However, the Trust periodically receives requests for
				  Management Plan modifications to allow linear facilities and related
				  appurtenances on the Trust Project Site. When evaluating these requests, the
				  following process must be followed.
(1) First, there has to be a determination:
(a) That there is no reasonable alternative
				to the proposed modification land use on the Trust Project Site; and,
(b) That the land use is designed
				to have a minimal impact to the site; and,
(c) A copy of an alternative analysis
				assessment of other off-site alternatives or options considered by the
				Recipient.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.016 - Consideration of Recipient's Request for Land Exchanges

Current through Reg. 50, No. 138; July 16, 2024
The Declaration of Restrictive Covenants for Trust Project
				  Sites limits the use of the property to conservation, outdoor recreation, and
				  other related activities. However, Recipients occasionally receive requests
				  from adjacent property owners for land exchanges to expand the adjacent
				  development in return for other lands adjacent to the park.
When evaluating these requests, the following process must be
				  followed.
(1) Only local governments
				may participate in land exchanges. The Local Government must send a request to
				the Trust for a proposed land exchange. The Trust will not accept proposals
				from any other party. To be considered by the Trust, the proposal must at a
				minimum meet the following tests:
(a) The
				proposed exchange parcel(s) must be contiguous to a Trust Project Site, which
				could include being connected through a land bridge, easement or blue
				way;
(b) The proposed exchange
				parcel(s) must be at least equal to or greater in terms of upland
				acreage;
(c) The proposed exchange
				parcel(s) must have at least the same real estate value (as determined through
				independent appraisal[s]) as the Trust parcel being given up (or monetary
				compensation of the difference). There will be no monetary compensation if the
				proposed parcel(s) to be exchanged have a value greater than the Trust
				parcel;
(d) The proposed exchange
				parcel(s) must have a significant and clear net environmental, conservation
				and/or recreational benefit to the Project Site as determined by Trust staff;
				and,
(e) The exchange cannot result
				in a lower score based on the Application criteria.
If it is determined that no discernable net environmental,
				  conservation, and/or recreational benefit to the Project Site would be achieved
				  through the land exchange, the request will be
				  denied.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter sets forth the procedures that must be
				  followed for land acquisitions using Florida Forever funds awarded by Florida
				  Communities Trust.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Formerly
					  9K-8.001