NOTICE IS HEREBY GIVEN that on November 23, 2009, the State of Florida Department of Environmental Protection has issued an order.
Notice of receipt of this petition was published in the Florida Administrative Weekly on September 11, 2009. The petition requested a waiver of subsection 62S-2.075(2), Florida Administrative Code, which requires that an applicant for grant funds under the Recreational Trails Program receive the State of Florida Department of Environmental Protection’s formal approval of commencement documentation prior to the commencement of construction of an approved project. No public comment was received. The Order, OGC No. 09-3439, granted the petition based on the petitioner showing that a strict application of the rule would result in substantial hardship to the petitioner due to loss of other grant funding and because the purpose of the underlying statute, which is development and improvement of recreational trails and trail-related facilities on publicly-owned lands to provide access to healthful outdoor recreational opportunities for the public, has been achieved by the petitioner by other means.
A copy of the Order may be obtained by contacting: Alexandra Weiss, Office of Greenways and Trails, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #795, Tallahassee, Florida 32399-3000. Ms. Weiss may also be contacted by telephone at (850)245-2052.