reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.003 - 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 Florida Forever Trust Fund, when title to such real property
				vests in the Recipient or the Board of Trustees.
(2) The disbursement of Florida Forever Funds
				from the Trust shall be subject to the following conditions: The administration
				and use of any funds received by the Trust from the Florida Forever 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 Florida Forever 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.
(3) The Recipient shall designate an employee
				or officer who shall serve as the key contact for the exchange of information
				regarding the Acquisition activities and who shall be responsible for ensuring
				compliance with the provisions of all applicable statutes, the Grant Contract,
				rules of the Trust and any local land acquisition ordinances that may
				apply.
(4) Funds awarded through
				any program of the Trust that derive from the Florida Forever Trust Fund may
				only be used to pay the eligible Project Costs associated with Voluntarily
				Negotiated Transactions.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 5-20-02, Formerly
					  9K-8.003.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.004 - Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				 259.105(3)(c),
				F.S., allocate proceeds deposited into the Florida Forever Trust Fund to the
				Department to provide land Acquisition grants 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 Recipient or the Board of
				Trustees.
(2) At the time the
				Recipient executes the Grant Contract, the Recipient shall elect one of the
				following options; either:
(a) Title to the
				Project Site will vest in the Recipient, or
(b) Title to the Project Site will vest
				permanently in the Board of Trustees.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.005 - Title Report and Evidence of Marketable Title

Current through Reg. 50, No. 138; July 16, 2024
(1) To obtain Appraisals, the party
				responsible for Acquisition activities may obtain a title report or title
				commitment which shall include a legal description of the Project Site 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 Owner(s)' marketable title shall be provided to the Recipient(s)
				and the Trust prior to the conveyance of title. The Trust shall further be
				provided a Title Insurance Commitment in accordance with the Purchase
				Agreement. The Title Insurance Commitment shall be followed after conveyance by
				an owner's marketable title insurance policy (ALTA Form B) in favor of the
				Recipient or the Board of Trustees in accordance with the Recipient's election
				under Rule  62-819.004, F.A.C. The Trust may
				be listed as a co-insured on the Title Insurance Commitment and title insurance
				policy. 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 Project Site by
				the Recipient.
(3) The standard for
				examination of condition of title shall be The Uniform Title Standards of the
				Real Property, Probate & Trust Law Section of The Florida Bar, 1981 edition
				together with all updates.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 2-9-10, Formerly
					  9K-8.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.006 - Certified Survey

Current through Reg. 50, No. 138; July 16, 2024
(1) At least 30
				days prior to closing, a Certified Survey must be submitted to the Trust for
				final approval to rectify acreage and title issues against the title
				commitment, the negotiated Purchase Agreement and the Appraisal(s) used to
				determine the maximum amount.
(2)
				In cases where a Certified Survey cannot be practically completed or where the
				cost of the Certified Survey would be prohibited relative to the expected value
				of the real property, the requirement for such Certified Survey may, in whole
				or in part, be waived by the Recipient and the Trust. Such a waiver shall be
				requested by the Recipient at the time of Project Plan approval.
(3) The Certified Survey shall be prepared
				according to the Minimum Technical Standards for Land Surveying and such
				additional requirements as may be determined by the Trust and the Recipient to
				be necessary to meet the intent of the statute and this rule chapter. The
				Certified Survey shall accurately portray to the greatest extent practicable
				the condition of the real property as it currently exists. The survey must have
				been certified within 90 days of the closing on the property unless this
				requirement is waived by the title insurer for the purpose of deleting the
				standard survey exception from the owner's title insurance policy.
(4) If a Project Site includes associated
				water bodies, a Safe Upland Line, as opposed to a surveyed mean or ordinary
				high water line, shall be an acceptable line for determining the acreage upon
				which the purchase price of the site to be acquired is based.
(5) The Certified Survey shall be approved by
				the Trust as being in compliance with the requirements of this rule
				chapter.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Formerly
					  9K-8.006, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.007 - Appraisal Procedures

Current through Reg. 50, No. 138; July 16, 2024
Appraisal services shall be obtained through the Department
				  in accordance with the procedures and requirements provided in Chapter 18-1,
				  F.A.C., except as follows:
(1) The
				party responsible for Acquisition activities shall contract with the Approved
				Appraiser(s) according to contract requirements of the Recipient or the Trust,
				whichever is responsible for Acquisition activities.
(2) The party responsible for Acquisition
				activities shall obtain at least one Appraisal for each ownership in a Project
				Site estimated to be valued less than $1, 000, 000.00. For each ownership in a
				Project Site estimated to be valued at or greater than $1, 000, 000.00, the
				party responsible for Acquisition activities shall obtain at least two
				Appraisals.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 5-20-02, 2-8-05, 2-19-07, 2-9-10,
					 Formerly  9K-8.007, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.008 - Confidentiality of Appraisals, Other Reports Relating to Value, Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(1) The Trust,
				the Recipient, and the Recipient's Agent(s) shall maintain confidentiality of
				all Appraisals, and any other reports relating to value, offers and
				counter-offers. Appraisals, and any other reports relating to value, 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 a Purchase Agreement is executed by the Owner(s) and Recipient and
				conditionally accepted by the Trust, or if no Purchase Agreement is executed,
				then as provided for in Sections
				 125.355(1)(a) 
				and  166.045(1)(a),
				F.S.
(2) If a Purchase Agreement is
				not submitted to the Trust for approval, the exemption from Section
				 119.07(1),
				F.S., will expire 30 days after the termination of negotiations. The date of
				termination of negotiations may 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.
(3) The Trust and the Recipient, and the
				Recipient's Agent(s) if any, shall execute an agreement to maintain
				confidentiality of all Appraisals, reports relating to value, written offers
				and written counteroffers until such time as the information is no longer
				exempt from Section  119.07(1), F.S.
				This agreement of confidentiality shall expressly name the individuals to whom
				the information may be disclosed during the period that the information is
				exempt from the requirements of Section
				 119.07(1), F.S.
				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
				 119.15,
				F.S.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Formerly
					  9K-8.008.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.010 - 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(s), 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 259.105, 380.501-.515
					 FS.
New 5-27-01, Formerly
					  9K-8.010.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.011 - Preparation and Acceptance of Project Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to release of Florida Forever Funds
				for a project, the Recipient shall submit a Project Plan for approval by the
				Trust. The Project Plan shall include the following:
(a) A Purchase Agreement as defined in this
				rule chapter for Acquisition of the Project Site, executed by the Owner(s) and
				the Recipient, that is based on an Appraisal(s) prepared consistent with the
				requirements of this rule chapter.
(b) A letter from the Trust indicating
				approval of the Management Plan prepared in accordance with Chapter 62-818,
				F.A.C.
(c) A statement of the total
				Project Cost as defined in Chapter 62-818, F.A.C.
(d) A statement of the amount of the Award
				being requested.
(e) Supporting
				documentation that the conditions imposed as part of the Grant Contract have
				been satisfied.
(f) A signed
				statement by the Recipient that the Recipient is not aware of any pending
				criminal, civil or regulatory violations imposed on the Project Site by any
				governmental agency or body.
(g)
				Additional documentation as may be requested by the Trust as Reasonable
				Assurance that the Recipient will be able to fulfill its obligations under the
				Grant Contract, the Declaration of Restrictive Covenants, and Chapter 62-818,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.012 - Examination for Hazardous Materials Contamination

Current through Reg. 50, No. 138; July 16, 2024
(1) All sites acquired with funds from the
				Florida Forever Trust Fund shall be examined for hazardous materials
				contamination within 90 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 (ASTM). 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 onsite.
(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) In the event an
				adverse environmental assessment is reported on a site after approval of the
				Project Plan for the site, the Trust shall assess the risk to the State.
				Because the Board of Trustees will have an executory interest in the Project
				Site, the Trust shall have the right to refuse to deliver funds for closing if
				the Trust determines the hazardous materials contamination presents a liability
				to the State that outweighs the benefits to be derived from the Acquisition of
				the Project Site. If it is determined by the Trust that a delay in, or
				termination of the Acquisition is necessary, the Trust 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 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 2-8-05, Formerly
					  9K-8.012, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.013 - Trust Governing Board Action

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 12-9-03, Formerly
					  9K-8.013.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.014 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to closing the Trust shall prepare
				a grant reconciliation statement which shall evidence expenditures for all
				eligible Project Costs for the portion of the Project Site to be closed. The
				reconciliation statement shall be based on the prepared Buyer and Seller
				closing statements, the prepaid Project Costs of the Recipient and the Trust
				evidenced by paid receipts, any reimbursements to the Seller or others to be
				made after closing, the Award amount and any revisions to the Award. The
				reconciliation statement shall evidence the amount of funds needed from the
				Trust and Recipient in order that the closing may occur.
(2) The Trust shall have the authority to
				modify the Purchase Agreement previously approved by the Trust to extend the
				time for option exercise, closing date, submittal deadlines or any other time
				limit relating to such agreement. The Trust shall also have the authority to
				execute or modify all documents necessary for the implementation of Trust
				action, such as the Purchase Agreement, letter of notification of exercise of
				option, leases, easements, legal descriptions, deeds, assignments, and other
				miscellaneous agreements and affidavits, provided the modification does not
				change the substance nor the scope of Trust approval, and provided the document
				executed or modified was either approved by the Trust or contemplated by Trust
				approval. Any changes in the purchase price to be paid to the Seller(s) not
				contemplated by the terms of the Purchase Agreement must be approved by the
				Trust. An extension or modification may only be made under the terms of the
				Purchase Agreement, or with the Seller's agreement.
(3) The party responsible for negotiations
				shall be the party responsible for proper completion of the closing, and proper
				recording of all legal documents.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 2-8-05, Formerly
					  9K-8.014.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.001 - 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 for the
				  acquisition of interests in land for the restoration and preservation of
				  Working Waterfronts pursuant to Section
				   380.5105, F.S.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.001
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.005 - 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. Eligible Applicants will be notified of
				the receipt and status of their Application(s) via standard mail. Ineligible
				Applicants shall be notified via certified mail.
(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. Any clarification information
				requested must be received by the Trust no later than 21 days prior to the
				Governing Board meeting or the information will not be considered by the Trust.
				At a publicly noticed meeting, the Governing Board will finalize the ranking
				report which will be presented to the Board of Trustees.
(3) A project shall be eligible for scoring
				only if its purpose is to restore or preserve Working Waterfronts as defined in
				Section  380.503(18),
				F.S.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.008 - Grant Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) The established
				time frame for funding approval shall be for a period not to exceed 12 months.
				Approval shall be evidenced by a fully executed Grant Contract between the
				Trust and the Recipient. When the established time frame has expired, the
				project shall be terminated and funds committed to the project shall then be
				committed to other approved Applications. The Trust shall extend the Grant
				Contract beyond the established time frame if significant progress is being
				made toward the acquisition of the project site or if extenuating circumstances
				beyond the control of the Applicant warrant an extension of time.
(2) The time period of the Grant Contract and
				extensions shall not exceed a total of 24 months; unless, however, the Trust
				extends an Award beyond 24 months when significant progress is being made
				toward closing the project or if extenuating circumstances warrant an extension
				of time.
(3) The Recipient must
				request an extension in writing that includes an explanation of the goals
				currently accomplished to complete the project and the timeframe needed to
				complete outstanding goals. The Recipient may also include an explanation of
				circumstances beyond their control that have negatively impacted the completion
				of the project site.
(4) The Trust
				may unilaterally terminate the Grant Contract prior to the established time
				frame, if it is determined by the Trust that no significant progress is being
				made toward the Acquisition of the Project Site or other circumstances are
				present which would, in all likelihood, preclude or prevent the successful
				Acquisition of the Project Site within the established time
				frame.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.008.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.009 - Modification to the Project Boundary

Current through Reg. 50, No. 138; July 16, 2024
Modification to 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 Contract. 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 Contract, 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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.010 - 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. 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 Contract.
(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 Contract.
(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),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.010.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.011 - Title, Acquisition Procedures, Lease Agreements and Transfer of Title

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter and Chapter 62-821, F.A.C., shall govern in
				  all matters of title, acquisition procedures, lease agreements and transfer of
				  title for lands acquired pursuant to this rule chapter.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.012 - Annual Stewardship Report Requirement

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				   380.5105(5),
				  F.S., 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.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-9.012.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter sets forth the procedures that must be
				  followed for land acquisitions for the Stan Mayfield Working Waterfronts
				  Program using Florida Forever funds awarded by Florida Communities
				  Trust.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.001.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.003 - General Information

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				chapter shall govern the activities for Acquisition of real property for the
				Stan Mayfield Working Waterfronts program using proceeds from the Florida
				Forever Trust Fund, when title to such real property vests in the
				Recipient.
(2) The disbursement of
				Florida Forever Funds from the Trust shall be subject to the following
				conditions: The administration and use of any funds received by the Trust from
				the Florida Forever 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 Florida Forever 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.
(3) The Recipient shall
				designate an employee or officer who shall serve as the key contact for the
				exchange of information regarding the Acquisition activities and who shall be
				responsible for ensuring compliance with the provisions of all applicable
				statutes, the Grant Contract, rules of the Trust and any local land acquisition
				ordinances that may apply.
(4)
				Funds awarded through any program of the Trust that derive from the Florida
				Forever Trust Fund may only be used to pay the eligible Project Costs
				associated with Voluntarily Negotiated Transactions.
(5) The Project Site will be a Joint
				Acquisition and all acquisition activities will be completed by the
				Trust.
(6) Prior to release of
				Florida Forever Funds for a project, the Recipient shall submit a signed
				statement by the Recipient that the Recipient is not aware of any pending
				criminal, civil or regulatory violations imposed on the Project Site by any
				governmental agency or body.
(7) If
				requested by the Trust, the Recipient shall provide additional documentation to
				provide Reasonable Assurance that the Recipient will be able to fulfill its
				obligations under the Grant Contract, the Declaration of Restrictive Covenants,
				and Chapter 62-820, F.A.C.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.003.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.004 - Appraisal Procedures

Current through Reg. 50, No. 138; July 16, 2024
Appraisal services shall be obtained through the Department
				  in accordance with the procedures and requirements provided in Chapter 18-1,
				  F.A.C.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.004, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.005 - Confidentiality of Appraisals, Other Reports Relating to Value, Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(1) The Trust
				and the Recipient shall maintain confidentiality of all Appraisals, and any
				other reports relating to value, offers and counter-offers. Appraisals, and any
				other reports relating to value, 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 a Purchase Agreement is executed by the Owner(s) and Recipient and
				conditionally accepted by the Trust, or if no Purchase Agreement is executed,
				then as provided for in Sections
				 125.355(1)(a) 
				and  166.045(1)(a),
				F.S.
(2) If a Purchase Agreement is
				not submitted to the Trust for approval, the exemption from Section
				 119.07(1),
				F.S., will expire 30 days after the termination of negotiations. The date of
				termination of negotiations may 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.
(3) The Trust and the Recipient shall execute
				an agreement to maintain confidentiality of all Appraisals, reports relating to
				value, written offers and written counteroffers until such time as the
				information is no longer exempt from Section
				 119.07(1), F.S.
				This agreement of confidentiality shall expressly name the individuals to whom
				the information may be disclosed during the period that the information is
				exempt from the requirements of Section
				 119.07(1), F.S.
				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
				 119.15,
				F.S.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.006 - Negotiation of Offers and Counteroffers

Current through Reg. 50, No. 138; July 16, 2024
(1) It shall be the goal of the Trust and the
				Recipient that the Acquisition of the real property be negotiated at the best
				price and terms that can be negotiated in the interest of the project's public
				purpose, with preference given to a purchase price at or below the maximum
				amount. The objective of all purchase negotiations shall be to obtain, at the
				lowest possible price, the appropriate interest in real property free of
				encumbrances, conditions, restrictions and reservations that would impede the
				purposes or management of the Project Site. In the course of negotiations the
				Trust may discuss the advantages of a Donation and bargain sale. If the real
				property to be acquired is not already surveyed and the acreage of the site is
				not known, the Owner shall be advised of the benefits of obtaining a safe
				upland line survey, as opposed to a mean high water or ordinary high water
				survey, for calculating the acreage of the site.
(2) All offers and counteroffers shall be in
				writing.
(3) The Trust may
				negotiate and enter into a Purchase Agreement prior to or after the receipt and
				approval of Appraisals. However, such negotiations and agreements are subject
				to the conditions established in this rule chapter. The Trust shall maintain
				appropriate records regarding any and all contact(s) with the Owner.
(4) Initial contact with the Owner may be
				established prior to negotiations. When initiated, such contact should be
				limited to the following:
(a) To inform the
				Owner about the Stan Mayfield Working Waterfronts land Acquisition
				program;
(b) To explain in general
				terms the possible tax advantages of land Donations and bargain
				sales;
(c) To request permission
				from the Owner in order to have his property appraised and surveyed;
(d) To discuss the timing of the Acquisition,
				and the competition for funds under the Stan Mayfield Working Waterfronts
				program;
(e) To discuss the matter
				of representation of the Owner by an Agent in any future negotiations, and the
				necessary confirmation by the Owner of the Agent's status;
(f) To request available title
				data;
(g) To advise of disclosure
				requirements;
(h) To request
				available property survey data; and,
(i) To discuss other information pertinent to
				the Acquisition process in general.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.007 - 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(s), the Recipient and the Trust.
(2) The Trust will prepare and use any form
				of Purchase Agreement as meeting the intent of all applicable laws and this
				rule chapter.
(3) The Trust shall
				develop a model standard Purchase Agreement.
(4) The Trust 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),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.007.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.008 - Title Report and Evidence of Marketable Title

Current through Reg. 50, No. 138; July 16, 2024
(1) To obtain Appraisals, the Trust may
				obtain a title report or title commitment which shall include a legal
				description of the Project Site 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 Owner's
				marketable title shall be provided to the Recipient(s) and the Trust prior to
				the conveyance of title. The Trust shall further be provided a Title Insurance
				Commitment in accordance with the Purchase Agreement. The Title Insurance
				Commitment shall be followed after conveyance by an owner's marketable title
				insurance policy (ALTA Form B) in favor of the Recipient or the Board of
				Trustees in accordance with the Recipient's election under Rule
				 62-819.004, F.A.C. The Trust
				shall be listed as a co-insured on the Title Insurance Commitment and title
				insurance policy.
(3) The standard
				for examination of condition of title shall be The Uniform Title Standards of
				the Real Property, Probate & Trust Law Section of The Florida Bar, 1981
				edition, together with all updates.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.008.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.009 - Certified Survey

Current through Reg. 50, No. 138; July 16, 2024
(1) At least 30
				days prior to closing, a Certified Survey must be submitted to the Trust for
				final approval to rectify acreage and title issues against the title
				commitment, the negotiated Purchase Agreement and the Appraisal(s) used to
				determine the maximum amount.
(2)
				In cases where a Certified Survey cannot be practically completed or where the
				cost of the Certified Survey would be prohibited relative to the expected value
				of the real property, the requirement for such Certified Survey may, in whole
				or in part, be waived by the Recipient and the Trust. Such a waiver shall be
				requested by the Recipient at the time of submitting the Application.
(3) The Certified Survey shall be prepared
				according to the Minimum Technical Standards for Land Surveying and such
				additional requirements as may be determined by the Trust and the Recipient to
				be necessary to meet the intent of the statute and this rule chapter. The
				Certified Survey shall accurately portray to the greatest extent practicable
				the condition of the real property as it currently exists. The survey must have
				been certified within 90 days of the closing on the property unless this
				requirement is waived by the title insurer for the purpose of deleting the
				standard survey exception from the owner's title insurance policy.
(4) The Certified Survey shall be approved by
				the Trust as being in compliance with the requirements of this rule
				chapter.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.009, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.010 - Examination for Hazardous Materials Contamination

Current through Reg. 50, No. 138; July 16, 2024
(1) All sites acquired with funds from the
				Florida Forever Trust Fund shall be examined for hazardous materials
				contamination within 90 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 (ASTM). 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 may be
				performed to address any suspicions raised in the Phase I environmental site
				assessment and to confirm the presence of contaminants onsite.
(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) In the event an
				adverse environmental assessment is reported on a site, the Trust will assess
				the risk to the State. Because the Board of Trustees will have an executory
				interest in the Project Site, the Trust shall have the right to refuse to
				deliver funds for closing if the Trust determines the hazardous materials
				contamination presents a liability to the State that outweighs the benefits to
				be derived from the Acquisition of the Project Site. If it is determined by the
				Trust that a delay in, or termination of the Acquisition is necessary, the
				Trust shall immediately notify the Recipient. The Trust 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),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.010, Amended
					 6-9-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.011 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to closing the Trust shall prepare
				a grant reconciliation statement which shall evidence expenditures for all
				eligible Project Costs for the Project Site. The reconciliation statement shall
				be based on the prepared Buyer and Seller closing statements, the prepaid
				Project Costs of the Recipient and the Trust evidenced by paid receipts, any
				reimbursements to the Seller or others to be made after closing, the Award
				amount and any revisions to the Award. The reconciliation statement shall
				evidence the amount of funds needed from the Trust and Recipient in order that
				the closing may occur.
(2) The
				Trust shall have the authority to modify the Purchase Agreement to extend the
				time for option exercise, closing date, submittal deadlines or any other time
				limit relating to such agreement. The Trust shall also have the authority to
				execute or modify all documents necessary for the implementation of Trust
				action, such as the Purchase Agreement, letter of notification of exercise of
				option, leases, easements, legal descriptions, deeds, assignments, and other
				miscellaneous agreements and affidavits, provided the modification does not
				change the substance nor the scope of Trust approval, and provided the document
				executed or modified was either approved by the Trust or contemplated by Trust
				approval. Any changes in the purchase price to be paid to the Seller(s) not
				contemplated by the terms of the Purchase Agreement must be approved by the
				Trust. An extension or modification may only be made under the terms of the
				Purchase Agreement, or with the Seller's agreement.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-26 - METES AND BOUNDS DESCRIPTIONS OF COASTAL CONSTRUCTION CONTROL LINES › Section 62B-26.001 - Description of the Walton County Coastal Construction Control Line

Current through Reg. 50, No. 138; July 16, 2024
(1) There is hereby established, pursuant to
				Section  161.053, F.S., the revised
				Walton County Coastal Construction Control Line. The legal description of said
				line is attached hereto.
(2) This
				rule amendment shall take effect on the date of filing with the Florida
				Department of State and shall be duly recorded in the public records in the
				office of the Clerk of the Circuit Court, in and for Walton County, Florida,
				together with each affected municipality.
(3) After this rule amendment becomes
				effective, a permit, under Section
				 161.053, F.S., and Chapter
				62B-33, F.A.C., to alter, excavate or construct on property seaward of the
				established control line is required from the Department of Environmental
				Protection.
Rulemaking Authority
					 161.053(21) FS.
					 Law Implemented 161.053
					 FS.
New 8-12-75, Amended 12-29-82, Formerly 16B-26.01,
					 16B-26.001, Amended 8-25-09.