9K-7.002: Definitions
9K-7.003: General Requirements and Eligibility Standards
9K-7.004: Submission of Application and Application Materials
9K-7.006: Application Review
9K-7.007: Project Evaluation Criteria
9K-7.008: Ranking and Selection of Applications
9K-7.010: Modification to Expand the Project Boundary
9K-7.011: Preparation and Acceptance of the Management Plan
9K-7.013: Annual Stewardship Report Requirement
9K-7.014: Modification to Expand the Project Boundary.
9K-7.015: Consideration of Recipient's Request for Linear Facilities.
9K-7.016: Consideration of Recipient's Request for Land Exchanges.
PURPOSE AND EFFECT: To improve Florida Communities Trust’s efficiency in administering Florida Forever Funds.
SUMMARY: To ensure the rules are user-friendly for the customers.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 380.507(11) FS.
LAW IMPLEMENTED: 120.55(1)(a)4., 259.105, 380.501-.515 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 23, 2009, 1:30 p.m.
PLACE: Department of Community Affairs, Randall Kelley Training Center, Room 305, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Grant Gelhardt, Environmental Administrator, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1704. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ken Reecy, Community Program Manager, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-2207.
THE FULL TEXT OF THE PROPOSED RULE IS:
9K-7.002 Definitions.
(1) through (15) No change.
(16) “Greenway” means a linear open space protected and managed as part of linked conservation lands or recreation opportunities, including waterway trails such as canoe or paddling trails. Greenways typically follow natural landscape features such as rivers, streams, shorelines, man-made corridors such as utility and abandoned railroad right-of-ways, and scenic roadways or any area defined in Section 260.13, F.S. Greenways may protect the habitat of native plants and wildlife, maintain wildlife movement routes and natural connections, or provide opportunities for outdoor recreation.
(17) through (21) No change.
(22) “Low-income Community” means a U.S. Census tract in which the median family income is less than half that of the state median family income where 51 percent of the residents are low-income families with an annual income that does not exceed 80 percent of the median income for the area or that does not exceed 80 percent of the median income for the State, whichever is higher, as most recently determined by U.S. Department of Housing and Urban Development.
(23) “Major Military Installation” includes the following areas designated by the United States Military: Avon Park Air Force Range, Camp Blanding Joint Training Center, Eglin Air Force Base & Hurlburt Field including Out Lying Field Camp Rudder and Duke, Homestead Air Force Reserve Base, MacDill Air Force Base, Naval Air Station Jacksonville including Out Lying Field Whitehouse, Naval Air Station Key West (Boca Chica), Patrick Air Force Base, Tyndall Air Force Base, Naval Station Mayport, Naval Air Station Pensacola (Pensacola Complex) including Out Lying Field Saufley and Site 8 and Naval Air Station Whiting Field including Out Lying Field Pace, Spencer, Harold, Santa Rosa, Choctaw and Holley.
(24)(23) “Management Plan” means a plan prepared by the Recipient under this rule chapter and approved by the Trust regarding the long-term care and management of the Project Site.
(25)(24) “Match” means the provision of cash, eligible Project Costs, value of real property donated by a party(ies) other than the Applicant, or real property owned by the Applicant, provided the Match is from an eligible source as set forth in Section 259.105(3)(c), F.S.
(26)(25) “Natural Community” means a community that is dominated by native plant species as described in the Florida Natural Areas Inventory publication, “Guide to the Natural Communities of Florida.” A Natural Community generally possesses the following characteristics: the plant species composition includes most of the more common species typical of that natural community type; the community may contain small areas of exotic or invasive plants that could be easily controlled by prescribed burning or other forms of management; evidence of historical disturbance may be present but disturbance has not destroyed or prevented the re-establishment of a mature natural community type; and, the community is not substantially disturbed by recent human activities, except for such disturbance as low intensity forestry activities that allow the natural community to recover to previous conditions.
(27)(26) “Neighborhood Recreation Center” means a small community oriented building, generally up to 15,000 square feet, used primarily by one or more adjacent neighborhoods. The center could provide facilities for activities such as, indoor recreational programs, after school programs, summer programs, yoga classes, dance classes, or art and craft classes.
(28)(27) “Nonprofit Environmental Organization” means a private nonprofit organization, existing under the provisions of Section 501(c)(3) of the United States Internal Revenue Code which has and can demonstrate that the conservation of natural resources or protection of the environment are among its principal purposes and goals.
(29)(28) “Outdoor Recreation” means the pursuit of leisure-time activities that occur in an outdoor setting and that are dependent on some particular element or combination of elements in the natural environment. Examples of such activities include bicycling, walking, hiking, skating, swimming, horseback riding, boating, camping, fishing, hunting, picnicking, studying nature, and visiting archaeological and historical sites.
(30)(29) “Partnership Application” means an Application for an Award submitted to the Trust by two or more eligible Applicants.
(31)(30) “Phased Project” means the phased continuation of a project which has been acquired approved for funding by the Trust in a prior funding cycle. The phased continuation must be adjacent (or adjacent through public ownership) to the previously acquired project. A Phased Project is generally characterized as a unified project but which, as a result of numerous owners, unique or linear configuration, or funding limitations, causes the project to be difficult or burdensome to develop and complete during a single funding cycle of the Trust and is instead developed as part of two or more Trust funding cycles.
(32)(31) “Pre-acquired” means the Project Site or a portion of the Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline.
(33)(32) “Project Costs” means the total of all eligible costs associated with the Acquisition of the Project Site in accordance with this rule chapter and Chapter 9K-8, F.A.C., and may include the cost of the following items: purchase price for Acquisition of all or a portion of the Project Site; certified survey containing an adequate legal description of the Project Site; any assessment or examination essential and necessary to determine Project Site boundary; appraisal report(s) and appraisal review of the Project Site; title report and title insurance premium; reasonable real estate fees or commissions not to exceed $10,000 per grant Application paid by the Recipient for Acquisition and environmental site assessment(s) performed pursuant to Rule 9K-8.012, F.A.C.
(34)(33) “Project Plan” means the compilation of items to be approved by the Trust that when taken together provide a detailed description of a proposed project that has received approval for an Award from the Trust. A Project Plan shall be prepared by the Recipient pursuant to the requirements of this rule chapter and Chapter 9K-8, F.A.C., and shall be approved by the Trust prior to disbursement of Florida Forever Funds.
(35)(34) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Trust funds are proposed in an Application to be used for all or a portion of the Acquisition. Project Site may include non-contiguous areas, so long as connectivity through other public ownership (excluding road right-of-ways and water bodies unless parcels are directly across from each other) is demonstrated, and the non-contiguous areas are part of a unified scheme of development and management, or the project includes non-contiguous parcels that are part of a local government adopted riverwalks or beach boardwalk plans, listed species habitat or riverine corridor protection plan. Parcels contained within a riverwalk or beach boardwalk plan shall be within one mile of each other. For listed species habitat protection plans, all parcels are required to be within two miles of each other. For riverine corridor protection plans all parcels are required to be within five miles of each other. Project Sites divided by small water bodies, such as narrow streams, may be considered if the project is part of a unified scheme and the small water body does not fragment the Project Site. Project Sites divided by a two-lane road that can be safely crossed may be considered if the site fragmentation caused by the road does not diminish pedestrian access or recreational opportunities.
(36)(35) “Reasonable Assurance” means the Applicant’s ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully implemented and managed in accordance with the Application and the Grant Contract, and may include the Trust’s inquiry into: the Applicant’s current and prospective financial condition; the Applicant’s history in acquiring, developing and managing similar projects; the Applicant’s financial commitment to the subject project as evidenced by the amount and type of any Match in the form of monies or real estate; and the character and background of the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.
(37)(36) “Recipient” means an Applicant that has been approved for funding by the Trust and who has executed a Grant Contract with the Trust for an Award.
(38)(37) “Recreational Trail” means a linear land-based corridor for recreation purposes which may include, but is not limited to, bicycling, walking, running, skating, and horseback riding. A Recreational Trail consists of a trail separated from the road and does not include sidewalks or bike lanes on the road.
(39)(38) “Recreational Trail System” means a network of Recreation Trail(s) and adjacent support parcels connecting parks, schools, residential and commercial or retail areas for recreation and authorized alternative modes of transportation. A For a Recreational Trail System that is primarily located within road right-of-ways, the trail shall consist of either stabilized soils or paved trail separated from the road with occasional limited use of sidewalks that make critical connections within the system.
(40)(39) “Reimbursement” means recognition of those eligible Project Costs incurred for Pre-acquired parcel(s) or Reimbursement Acquisition parcels.
(41)(40) “Reimbursement Acquisition” means the entire Project Site or remaining portion of the Project Site will be acquired by the Applicant through a voluntarily-negotiated transaction after the application deadline and within the terms of the Grant Contract.
(41) “Standard Metropolitan Statistical Area” or “Metropolitan Statistical Area” means an area that has been defined or designated by the United States Census Bureau or by the Office of Management and Budget of the Executive Office of the President.
(42) through (46) No change.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07,__________.
9K-7.003 General Requirements and Eligibility Standards.
The following constitutes the general procedures for the Florida Forever Program of the Florida Communities Trust (FCT).
(1) Application Form. Application Form FCT-5 FCT-4 (eff. _______ 2-19-07), incorporated herein by reference, is prescribed for use with these rules. Applications for funding must be submitted on Application Form FCT-5 FCT-4. 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, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, or by calling (850)922-2207 (SunCom 292-2207).
(2) Notice of Application Period. The Trust shall announce the amount of Florida Forever bond funds available for Awards, the limitation on Award amounts, and applicable deadlines in the Notice of Application Period Published in the Florida Administrative Weekly.
(3) All Project Sites shall be open to the public.
(4) Eligible Applicants:
(a) Local Governments; and
(b) Nonprofit Environmental Organizations.
(5) No change.
(6) Overdue Stewardship Reports: The Governing Board will not consider any Applications submitted by an Applicant with an overdue stewardship report. A stewardship report is considered overdue when it has not been received or approved by the Trust within the one year period immediately preceding the grant application deadline. Applicants may cure the overdue status if the overdue stewardship report is received and approved by the Trust at least 21 days prior to the scheduled Trust Governing Board project selection meeting.
(7)(6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Local Government(s) or Nonprofit Environmental Organization(s) under any Application(s) or Partnership Application(s) for any project(s) shall not exceed five million dollars ($5,000,000.00) during any one cycle ten percent of the total Florida Forever Funds as advertised available for Awards in the Notice of Application Period announcing the cycle. In no case shall any Applicant be awarded more than $10 million during any one cycle. All award(s) for Partnership Applications shall, for purposes of calculation of award limitations, be divided equally among the Local Government(s) or Nonprofit Environmental Organization(s).
(8)(7) Match Requirement. All Local Governments shall provide a minimum of 25 percent match toward the Project Costs, including:
(a) Partnership Applications between Local Governments (other than a small Local Government as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., below) and Nonprofit Environmental Organizations shall be required to provide a Match.
(b) Partnership Applications between two or more Local Governments shall be required to provide a Match unless all of the Local Governments are small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., below.
(c) A minimum Match shall not be required under the following circumstances:
1. The Trust shall award a portion of the Florida Forever funds for Awards, for which no Match is required, for the benefit of small Local Governments, as follows: county governments with populations of 75,000 or fewer and municipal governments with populations of 10,000 or fewer.
2. The Trust shall award a portion of the Florida Forever funds for Awards, for which no Match is required, for the benefit of Nonprofit Environmental Organizations that have provided the Trust with Reasonable Assurance that they can develop and manage the Project Site in a qualified, competent and professional manner.
(9)(8) Eligible Sources of Match. The Applicant’s eligible sources of Match may include, but are not limited to, the following sources: Local Government funds; Nonprofit Environmental Organization funds; state or federal grants or loans; private cash donations; real property owned by the Applicant or donated to the Applicant by a party other than the Applicant; or, in advance of negotiations, an owner’s commitment to the value of a bargain sale or donation of all or part of the purchase price of the Project Site. Any real property owned by the Applicant must be acquired through a Voluntarily-Negotiated Transaction within 24 months prior to, or 24 months after, the Application deadline. Additionally, any real property utilized as a Match shall be included in the Application, shall be considered part of the Project Site and shall be subject to all restrictions placed on the Project Site. Applicants may not use funds from the Florida Forever Trust Fund for any part of the Match.
(10)(9) Site Acquisition. The Acquisition of a Project Site shall take place under one of the following procedures:
(a) For a Project Site that consists of ten or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.
(b) For a Project Site that consists of eleven or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.
(c) If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the Pproject Ssite, the Trust shall act as the party responsible for the Acquisition activities.
(11)(10) Site Management. Each Applicant is required to provide a Management Plan as outlined in this rule chapter. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105, F.S., and Chapter 380, Part III, F.S., the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner that is consistent with the approved Mmanagement Pplan. Where the Application or Partnership Application does not include at least one Local Government, the Trust shall: require the Recipient to establish an endowment or other fund in an amount equal to ten percent of the project cost to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; require a guaranty or pledge by a Local Government, the Water Management District, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, or the Florida Department of Environmental Protection (DEP) which shall require the Local Government, the Water Management District or the State agency to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization is unable to; and require such other assurances as the governing board may deem necessary to adequately protect the public interest.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.505-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07,________.
9K-7.004 Submission of Application and Application Materials.
(1) through (5) No change.
(6) All applications must be submitted on Application Form FCT-5 FCT-4 (eff.________2-19-07) incorporated herein by reference.
(7) The following exhibits shall be provided:
(a) through (c) No change.
(d) County Tax Appraiser’s map clearly delineating the Pproject Ssite boundary, access points, names of the property owners, and parcel tax identification numbers, and ownership boundaries using an appropriate scale.
(e) No change.
(f) Natural Communities map of an appropriate scale that depicts the Natural Communities on the Project Site, utilizing the Florida Natural Areas Inventory or other appropriate classification system, such as the Florida Land Use, Cover and Forms Classification System, and providing the approximate acreage of the various Natural Communities with the Project Site boundary clearly delineated.
(g) Physical improvements map of an appropriate scale that clearly delineates all existing physical improvements, alterations, or disturbances occurring on the Project Site, and including all cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, manmade lakes and excavations, and known easements and rights-of-ways, and the approximate acreage of the foregoing with the Project Site boundary clearly delineated.
(h) Future Land Use Map covering the Project Site and surrounding area that indicates future land use designations and which clearly delineates the Project Site boundaries.
(i) Resource conservation, open space, and outdoor recreation map that identifies the Project Site and surrounding lands in a three-mile radius that are used for natural resource conservation and outdoor recreation and including all parks, preserves, wildlife management areas, greenways, trails, linkages and designated outdoor recreation areas.
(j) Map depicting any applicable 100-year floodplain or, coastal high-hazard area, or wellfield protection zone within the boundary of the Project Site clearly delineated.
(k) Conceptual site plan that clearly delineates the Pproject Ssite boundary and shows the approximate location of all proposed site improvements.
(l) One set of labeled photographs of the Project Site which depict all on-site features on the Project Site and including Natural Communities, waterbodies, shorelines, plants, Habitat, unique biological or geological features, and historical or archaeological features. Each photograph submitted shall include a legend that identifies the photograph location and key features that the photograph is intended to depict.
(m) If applicable, evidence of status as a Nonprofit Environmental Organization as defined in subsection 9K-7.002(23), F.A.C.
(n) If the Applicant is a Nonprofit Environmental Organization which anticipates being designated as the management entity pursuant to subsection 9K-7.003(7), F.A.C., evidence that the Nonprofit Environmental Organization has the financial resources, including documentation that they have commitments in an amount equal to ten percent of the project cost to be set aside as a management endowment fund, background qualifications and competence existing to manage the Project Site in perpetuity or in cooperation with a Local Government as outlined in subsection 9K-7.003(7), F.A.C.
(o) If applicable, a signed statement from the owner(s) of each parcel indicating their willingness to consider an offer to purchase their parcel(s).
(p) If a Project Site is Pre-acquired:
1. The Aapplicant shall provide copies of a signed closing statement for each Pre-acquired parcel. If a closing statement is not available at the time of the application submittal then a copy of the contract for each of the Pre-acquired parcels shall be provided and a copy of the closing statements shall be provided within 14 days after the application deadline.
2. The Aapplicant shall provide a statement that neither condemnation nor the threat of condemnation was used in the purchase of the property.
(8) If applicable, provide an Acquisition Plan that lists the priority parcels and the general order of Acquisition.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.508, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07,________.
9K-7.006 Application Review.
(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. Any clarification information requested must be received by the Trust no later than 48 hours prior to the ranking and selection meeting, or it will not be considered by the Trust.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 380.508 FS. History–New 5-27-01, Amended 5-20-02,________.
9K-7.007 Project Evaluation Criteria.
The evaluation of Applications shall be based on the criteria set forth in this rule chapter and in Application Form FCT-5 FCT-4 (eff. _______ 2-19-2007), incorporated herein by reference. Trust staff will be responsible for evaluating Applications and recommending point scores to the Governing Board. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application for scoring recommendations to the Governing Board. Personnel from other state agencies, regional planning councils, water management districts, and other public and private groups may assist the Trust staff in project evaluation as requested by Trust staff on an Aapplication-by-Aapplication basis. Unless otherwise noted, an Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.
(1) Furtherance of specified general standards (points may be awarded based on the following criteria):
(a) Pre-acquired. The entire Project Site has been acquired by the Applicant through a Vvoluntarily Nnegotiated Ttransaction within 24 months prior to the Application deadline (10 points).
(b) The Project Site has not been the subject of a land use or zoning change that would allow an increase of either allowable density or intensity within the last three (3) years prior to the Application deadline (5 points).
(c)(b) Phased Project. The proposed Project Site is adjacent (or adjacent through public ownership) to a continuation of a previous project that was acquired with Trust funding such that it constitutes a Phased Project (5 points).
(d)(c) Providing a greater share of the Match. The Applicant is committed to:
1. Provide a Match between 40 percent to 49 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants, a Match between 10 percent and 19 percent of the Project Costs (10 points); or
2. Provide a Match between 50 percent to 59 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants a Match between 20 percent and 29 percent of the Project Costs (20 points); or
3. Provide a Match for 60 percent or more of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants, a Match for 30 percent or more of the Project Costs (25 points).
(e) The grant award amount requested is within the following thresholds.
(Points will be awarded on only one of the following criteria):
1. The Applicant is requesting a grant award amount that does not exceed $1,500,000.00 (8 points);
2. The Applicant is requesting a grant award amount that does not exceed $2,500,000.00 (4 points);
3. The Applicant is requesting a grant award amount that does not exceed $3,500,000.00 (2 points).
The Trust will not participate in Project Costs that exceed the grant award amount.
(f)(d) No prior funding. This is the Applicant’s first Application to the Trust, or the Applicant has previously submitted an Application that was either not funded or was funded but not acquired. (In the case of a Partnership Application, if any of the partners have received funding and the Project Site was acquired, then no points will be awarded.) (5 points).
(g)(e) Innovative Acquisition. The proposed project provides for alternatives to the Acquisition of fee interests in land through the acquisition of at least 25 percent of the acreage of the Project Site with a minimum of five acres through conservation easements (5 points).
(2) Furtherance of Outdoor Recreation, natural and cultural resources (points may be awarded based on the following criteria):
(a) Providing Outdoor Recreation or open space. The Project Site provides for Outdoor Recreation or open space:
1. Provides Outdoor Recreation areas or open space adjacent to other publicly-owned upland areas, such as existing parks, museums, schools, libraries, or public affordable housing complexes (5 points);
1.2. Provides functional land-based nature, walking, bike, equestrian or multi-use trails that are at least one- quarter mile in length:
a. A nature, walking, bike, equestrian or multi-use trail is provided on the Project Site (2 points);
b. The trail is at least one-half mile in length (5 points);
c. Benches are provided along the trail (2 points);
d. A water fountain is provided at the trailhead or along the trail (1 point).
2.3. Provides Outdoor Recreation Facilities such as picnic pavilions, fishing piers, boat ramps, wildlife observation platforms, playgrounds, basketball courts, or volleyball courts; (Points will be awarded on only one of the following criteria):
a. Provides two different types of or three recreational facilities (7 5 points); or
b. Provides three different types of recreational facilities (8 points); or
c.b. Provides four or more different types of recreational facilities (9 10 points).
3.4. Provides access facilities to an existing open water shoreline or beach, such as a fishing pier, boat ramp, canoe/kayak launching facility, observation platform, dock or dune walkover, and managed for recreational uses (10 5 points);
4.5. Furthers Outdoor Recreation, public water access or open space within an Urban Area (points may be awarded based on the following criteria):
a. Within an Urban Service Area (5 points);
b. Within an Urban Service Area and is also within one-half mile of a built-up commercial or industrial Urban Area (5 points);
(b) Connectivity. The Project Site provides for new or enhanced connections to neighborhoods, recreational opportunities or natural areas (points may be awarded based on the following criteria):
1. Will be connected to neighborhoods by an existing sidewalk(s) or a proposed sidewalk(s) that is within an existing right-of-way sidewalk(s) (5 points);
2. Provides Outdoor Recreation areas or open space adjacent to other publicly-owned upland areas;
a. Adjacent to existing publicly-owned infrastructure facility, such as a fire station, police station, museum, school or library (3 points);
b. Adjacent to existing publicly-owned conservation or recreation lands (5 points).
3.2. The Pproject Ssite is adjacent to publicly-owned lands, excluding road right-of-ways, that contain or includes a Recreational Trail that connects to an existing local, regional or statewide land-based Recreational Trail System or lands that are located within the Preferred Routing corridor of the Florida National Scenic Trail (5 points);
4.3. The Project Site is adjacent to publicly-owned lands that expand a Enhances or connects existing local, regional or statewide Ecological Corridors (5 points);
4. Furthers a locally-adopted Ecological Corridor or Recreational Trail System plan (5 points).
5. Enhances a State Designated Paddling Trail by providing facilities, including a paddling trail sign, canoe/kayak launch, and restrooms (5 points).
(c) Providing educational opportunities. The Project Site provides for environmental or historical educational opportunities (points may be awarded based on the following criteria):
1. Provides an interpretive kiosk or interpretive signs that educates visitors about the natural environment or unique history of the area (5 points);
2. Provides at least six 12 environmental or historical education classes or programs per year at the Project Site conducted by trained educators or resource professionals (3 5 points);
3. Includes a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming: (5 points). (Points will be awarded on only one of the following criteria):
a. The construction of a new building of at least 1,000 square feet to house a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming (2 points).
b. The construction of a new building of at least 1,000 square feet designed and constructed to meet the U.S. Green Building Council’s (USGBCs) Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System for New Construction and Major Renovations Version 2.2, to house a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming (3 points).
c. The use of an existing building, that contains at least 1,000 square feet of enclosed area, for a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming (6 points).
d. The use of an existing building, that contains at least 1,000 square feet of enclosed area, for a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming and retrofitted to meet the U.S. Green Building Council’s (USGBCs) Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System for New Construction and Major Renovations Version 2.2 ( 7 points).
(d) Protecting natural and biological resources. The Project Site protects natural and biological resources (points may be awarded based on the following criteria):
1. Seventy percent of the Project Site contains Consists of predominantly Natural Communities that have not been impacted by human disturbance or alteration (5 points);
2. Contains Habitat recognized as typically suitable for one or more Listed Animal Species (3 5 points);
3. Contains a Locally Significant Natural Area as identified by the Florida Natural Areas Inventory (5 points);
4. Contains Habitat recognized as typically suitable for one or more Listed Animal Species and is located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (5 points). (Points will be awarded on only one of the following criteria):
a. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and less than twenty-five percent of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (2 points).
b. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and twenty-five to forty-nine percent of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (4 points).
c. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and fifty percent or more of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (7 points).
5. Contains land that will be managed in cooperation with Florida Division of Forestry’s Forest Stewardship Program (3 points).
6. Contains priority habitat as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and managed in cooperation with FWCC’s Landowner Assistance Program (5 points).
(e) Vegetative enhancement. The Project Site provides for new or enhanced landscaping or restoration (points may be awarded based on the following criteria):
1. Planting disturbed uplands with native vegetation (Points will be awarded on only one of the following criteria): Invasive exotic vegetation will be removed from the project site (5 points);
a. At least 1 acre of the disturbed upland area will be planted with native vegetation (2 points);
b. At least 5 acres of the disturbed upland area will be planted with native vegetation (5 points);
c. At least 10 acres of the disturbed upland area will be planted with native vegetation (7 points);
2. Planting disturbed shorelines with native vegetation (Points will be awarded on only one of the following criteria): A significant portion of the upland area on the Project Site will be planted with native vegetation (5 points);
a. At least 150 linear feet of the disturbed shoreline will be planted with native vegetation (1 point);
b. At least 300 linear feet of the disturbed shoreline will be planted with native vegetation (2 points);
c. At least 600 linear feet of the disturbed shoreline will be planted with native vegetation (4 points);
3. A significant portion of the wetland area on the Project Site will be planted with native vegetation (5 points).
(f) Water quality. The Project Site provides for the protection or enhancement of water quality (points may be awarded based on the following criteria):
1. The project will improve the quality of surface waters or address current flooding problems occurring on, adjacent or in close proximity to the Project Site by installing stormwater facilities that provide wildlife habitat and/or open space in a park like or natural setting (3 5 points);
2. The Project Site is adjacent to and will protect Outstanding Florida Waters as designated by the Department of Environmental Protection (5 points);
3. The Project Site will protect Class I Waters as identified by the Department of Environmental Protection, or the Project Site is located within a locally-designated wellfield protection zone (3 5 points).
(g) Historical resources. The Project Site protects or enhances historic resources (points may be awarded based on the following criteria):
1. Contains, or is within one-quarter mile of, a site listed in the Florida Master Site File with the Division of Historical Resources (2 5 points);
2. Contains a resource that is listed on the Florida Master Site File and has been evaluated by the Division of Historical Resources as meeting the criteria for listing in the National Register of Historic Places is also recognized by a local historic board or the Division of Historical Resources as being historically significant at the local, regional or state level. (5 points);
3. Contains a resource that is listed on the National Register of Historic Places by the National Park Service (7 5 points).
(3) Furtherance of Community Planning (points may be awarded based on the following criteria):
(a) Local Comprehensive Plan. Acquisition of the Project Site will assist the Local Government in furthering the Local Comprehensive Plan directives. When used in this part, the term “furthered” means that proposed project(s) will assist the Local Government in realizing the objectives or policies of the Local Comprehensive Plan. For each criterion that is furthered by an objective or policy of the Local Comprehensive Plan, the objective or policy number is to be cited in the response to the criterion and a copy of the objective or policy, and any associated exhibits or documents, shall be included as an exhibit as provided in this rule chapter. If the Project Site is located entirely in one jurisdiction, the Local Comprehensive Plan of the jurisdiction shall be evaluated for scoring purposes. If the Project Site is located in two or more jurisdictions, the Local Comprehensive Plan of either jurisdiction shall be compared for compatibility and evaluated for scoring purposes and if either jurisdiction’s Local Comprehensive Plan is furthered then points shall be awarded. Points may be awarded based on the following criteria:
1. Provides acreage or outdoor recreational facilities necessary to maintain or improve adopted levels of service standards for recreation or open space (5 points).
2. Ensures acquisition of natural areas or open space through public acquisition (5 points).
3. Provides new or enhanced public access to existing water bodies or saltwater beaches (5 points).
4. Provides for new or enhanced Greenways, Ecological Corridors or Recreational Trail Systems, including but not limited to the Florida National Scenic Trail system (5 points).
5. Ensures the preservation of Natural Communities or Listed Animal Species Habitat (5 points).
6. Provides for coordination between the Local Government(s) and other federal, state and local agencies or non-profit organizations in managing natural areas or open space or furthering the completion of the Florida National Scenic Trail (5 points).
6.7. Provides for restoration or enhancement of degraded natural areas, such as restoration of Natural Communities, restoration of natural hydrology, or removal of non-native vegetation (5 points).
7.8. Ensures the protection or enhancement of surface water quality by addressing non-point pollution through enhanced stormwater treatment (5 points).
8.9. Ensures the preservation of historical, cultural or archaeological features on the Project Site (5 points).
9.10. Provides for the redevelopment of a locally designated urban infill, urban redevelopment or downtown revitalization area as defined in Section 163.3164, F.S. (5 points).
(b) Hazard Mitigation. The proposed project furthers hazard mitigation (points may be awarded based on the following criteria):
1. All or a portion of the Pproject Ssite is located in a Coastal High Hazard Area or a 100-year flood plain (points will be awarded on only one of the following criteria): (5 points).
a. Up to 25 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (2 points).
b. At least 25 percent but less than 50 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (3 points).
c. At least 50 percent but less than 75 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (4 points).
d. Over 75 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (5 points).
2. Provides recreational opportunities or open space areas within a state-designated brownfield area (5 points).
3. Military Base Buffering. The proposed Project Site buffers a Major Military Installation while providing land-use compatible recreational and open space opportunity to the public. (Points will be awarded on only one of the following criteria):
a. The Project Site is adjacent to a Major Military Installation (12 points).
b. The Project Site is located within one mile of a Major Military Installation (7 points).
c. The Project Site is located within two miles of a Major Military Installation (2 points).
To receive points for this criterion, the Applicant must provide a letter from the base commander that the proposed conceptual site plan is an acceptable land use to buffer the base.
(c) Priority investment areas and special state-designated areas. The Project Site is located in one or more of the following special designated areas and will provide new or enhanced Outdoor Recreation or open space within an identified priority investment area or other special state-designated area targeted for investment or redevelopment (points may be awarded based on the following criteria):
1. Within an area designated as a “Front Porch Community” (10 points).
2. Within an area designated as an active “Florida Main Street Community” (5 10 points).
3. Within an area designated as a current or previously designated “Waterfront Florida Community” (5 10 points).
4. Within an area defined as a “Low-Income Community” under Rule 9K-7.002, F.A.C. (10 points).
5. Within an area designated as a “Rural Area of Critical Economic Concern” (10 points).
6. Within the boundary of a locally designated Community Redevelopment Area as defined in Section 163.340, F.S. and furthers the adopted redevelopment plan. (5 10 points).
7. Within a designated or previously designated “Area of Critical State Concern” under Section 380.05, F.S. (5 10 points).
(4) The proposed project furthers and exemplifies “project excellence.” Up to 10 points, based on issues that support the goals of the Trust, but such issues are not adequately addressed by the evaluation criteria established in this rule such as whether the proposed project exhibits strong community-based support, possesses exemplary characteristics, exemplifies regional cooperation between local governments, assists an otherwise disadvantaged community or voluntarily helps resolve land use conflicts.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07,________.
9K-7.008 Ranking and Selection of Applications.
(1) Evaluation Report. After a period for review, not to exceed 120 calendar days from the Application deadline, the Trust staff shall prepare a written evaluation report, based on information provided in the Application, to the Governing Board. Staff shall also provide a copy of the evaluation report to the Applicant prior to the Governing Board meeting provided for in subsection 9K-7.008(2), F.A.C.
(2) The Governing Board shall meet for the purpose of ranking and selecting Applications for funding at a publicly noticed meeting for this purpose.
(a) The Governing Board shall consider each Application and the scores assigned in the Trust staff evaluation report. The Board may modify staff recommended scores in order to settle unresolved issues arising from written objections from Applicant(s) to scores received in the evaluation report. Applicant objections to staff recommended scores must be submitted in writing to the Trust staff no later than five full working days at least 48 hours prior to the Board ranking and selection meeting, in order to be considered. Decisions to modify point totals shall be based on review of Applications by the Governing Board, and public presentations to the Governing Board by Trust staff, Applicants and other members of the general public.
(b) All proposed amendments to the Local Comprehensive Plan that are included with the Application will be considered in the staff evaluation. Proposed amendments cited in the Application must be adopted by the Local Government and be effective pursuant to Section 163.3189(2), F.S., prior to the date of the Governing Board ranking and selection meeting in order for points to be awarded in the final score.
(c) After approval of the score of each Application, the Governing Board shall consider the scores, the requirements of this rule chapter, and rank the Applications in descending order, with the highest ranking Application being given highest funding priority.
1. At least 75 percent of the funds available shall be matched by Local Governments on a dollar-for-dollar basis.
2. At least 30 percent of the total allocation shall be used within Metropolitan Statistical Areas and one-half of that amount shall be used within localities where the Project Site is located in built-up commercial, industrial, or mixed-use areas and functions to intersperse open spaces within congested urban core areas.
3. No less than five percent of the total allocation shall be used to acquire lands for Recreational Trail Systems, provided that in the event these funds are not needed for such projects, they will be available for other Trust projects.
(d) In the event of tied scores, the Trust shall rank the Applications by:
1. Scores received in the Community Planning Section set forth in subsection 9K-7.007(3), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 2. of this subsection.
2. Scores received in the Outdoor Recreation Section set forth in subsection 9K-7.007(2), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 3. of this subsection.
3. Scores received in the General Standards Section set forth in subsection 9K-7.007(1), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority order. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 4. of this subsection.
4. The order in which Applications were received prior to the Application deadline.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-19-07,________.
9K-7.010 Modification to Expand the Project Boundary.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, Repealed________.
9K-7.011 Preparation and Acceptance of the Management Plan.
(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 can 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 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 Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07,________.
9K-7.013 Annual Stewardship Report Requirement.
(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 Aaward 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 requirement for Preservation 2000 Program and Florida Forever Program projects may be submitted to the Trust on a five year review cycle phased out as follows.
(a) To initiate the five year review cycle three year phase-out of the stewardship report requirement, 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 As-built master site plan drawing;
3. Photographic record of all completed site improvements and restoration activities.; and
4. Updated Management Plan, if appropriate.
(b) Trust staff shall perform site visits to ensure that the Recipient has demonstrated that the terms of the Declaration of Restrictive Covenants and the approved Management Plan have been followed.
(c)(b) Upon the Trust’s acceptance of the Recipient’s statement of completion, the updated Management Plan and photographic record and a satisfactory completion of the site visit, and timely submission of three consecutive stewardship reports that have met the requirements of this rule chapter, the Trust may, in its discretion, transfer suspend the stewardship report to a five year review cycle requirement if the Recipient has demonstrated that the terms and conditions of the Declaration of Restrictive Covenants and the approved Management Plan made are being followed. If, aAfter transfer suspension of the stewardship report to a five year review cycle requirement, if the Trust finds that the terms and conditions of the Declaration of Restrictive Covenants are not being followed, the annual stewardship report requirement shall be reimposed.
Rulemaking Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07,________.
9K-7.014 Modification to Expand the Project Boundary.
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 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;
(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.
(2) Following receipt of a request for boundary modification, Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient’s key contact of any additional information or clarification that is needed to complete the review.
(3) Trust staff shall prepare a recommendation for consideration and approval by the Trust following the same review procedures used to evaluate the original Application. The report will contain the following:
(a) Whether the proposed boundary modification is consistent with the purpose and intent of the original Application;
(b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site;
(c) Whether the proposed boundary modification would change the final project score if it had been part of the original Application and whether the revised score would result in any change in the funding status of the project;
(d) Whether the Trust has funds available to cover the additional Project Costs and that the increase in the Trust Award would not exceed the Award limit contained in this rule chapter.
(4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before final approval of the boundary change.
Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New________.
9K-7.015 Consideration of Recipient’s Request for Linear Facilities.
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.
(2) If the Trust determines that no practical off-site alternatives exist, then the following information is required:
(a) A written statement that the Local Government has reviewed and approved the proposed use;
(b) A description and dimensions of the linear facility, and of the area that will be affected during construction;
(c) Information on the natural communities and cultural features found on, and immediately surrounding the site of the proposed facility;
(d) A statement explaining how the proposed facility will be compatible with planned recreational uses of the Trust Project Site, as committed to in the approved Management Plan;
(e) Discussion of the proposed mitigation for impacts to the Trust Project Site; and
(f) A modified master site plan drawing identifying the locations of existing vegetation and all proposed structures, facilities and restoration areas that will be affected by the facility.
After receiving all of the above information, staff will evaluate and review the request for consistency according to the above listed requirements. If the proposal meets the above requirements and has minimum impact to the Project Site, staff may approve the request. If public objections are received, if it is a large project, or if the project could be viewed as controversial the proposal will be presented to the Trust Governing Board for consideration.
(3) If the request is approved, the Recipient must:
(a) Provide an appraisal of the land use area or other valuation method as approved by Trust staff;
(b) Provide a legal description from a licensed surveyor;
(c) Sign an amendment to the Declaration of Restrictive Covenants that provides for the changed use of the Project Site; and
(d) Record the amended Declaration of Restrictive Covenants in the Public Records of the County where the property is located.
The Recipient will be required to pay for the land use area. The payment shall be allocated to the Recipient and the Trust based on the percentage of the original grant (i.e., 50% Recipient participation and 50% Trust participation.
Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New________.
9K-7.016 Consideration of Recipient’s Request for Land Exchanges.
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.
(2) If the above tests are met, the Trust staff will then request the below additional information to further evaluate the request.
(a) A written statement from the Recipient’s governing council that it has reviewed the proposal and that the governing body conceptually approves the proposed land exchange by an affirmative vote of at least three-fourths of its members or the local requirement, whichever is higher;
(b) A revised Management Plan with a revised master site plan;
(c) Information on the natural communities and cultural features found on the area to be exchanged;
(d) A survey and legal description of the parcel to be acquired and of the parcel to be provided by the Recipient/Trust (paid by the entity proposing the exchange and commissioned by the Recipient);
(e) A title policy of the parcel to be acquired;
(f) Separate appraisals for each parcel (to be paid by the entity proposing the exchange and commissioned by the Recipient). The appraisal shall be completed according to Uniform Standards of Professional Appraisal Practice (USPAP) and FCT standards by an approved DEP appraiser, after consultation with FCT appraisal staff. The parcel(s) to be provided by the Recipient/Trust shall be appraised as if it did not have any development restrictions on it;
(g) Phase I environmental site assessment of the parcel to be acquired (to be paid by the entity proposing the exchange and commissioned by the Recipient); and
(h) Any other items requested by the Trust to properly evaluate the request.
After receiving all of the above information, Trust staff will evaluate and review the request for consistency according to the above listed requirements. If the exchange proposal meets the above requirements and has a net positive environmental, conservation and/or recreational benefit, Trust staff will put the request on the agenda of the next scheduled Trust Governing Board Meeting for consideration.
(3) If the exchange request is approved by the Governing Board, the Recipient must:
(a) Sign an amendment to the Declaration of Restrictive Covenants that provides for the changed use of the Project Site;
(b) Record the amended Declaration of Restrictive Covenants (and any other necessary local Government document[s]) in the Public Records of the County where the original Declaration was recorded; and
(c) The entity receiving the exchange must provide monetary compensation to the Trust if the value of the land provided by the Recipient/Trust is greater than the land received by the Recipient/Trust in the exchange. Such funds will be distributed between the Trust and the Recipient in accordance with the percentages in the original grant award.
Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New_______.