Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 44, November 6, 2009 issue of the Florida Administrative Weekly.
18-24.001 General and Definitions.
(1) This chapter is promulgated to set forth the procedures, standards, and criteria for the evaluation and selection of lands proposed for acquisition, restoration, and other capital improvements with funds from the Florida Forever Trust Fund pursuant to paragraph 259.105(3)(b), F.S. Florida Statutes and to set forth the performance measures for all programs funded pursuant to subsection 259.105(3), F.S.
(2) For the purposes of this chapter, the following terms are defined as follows:
(a) “Acquisition project” means a parcel or parcels of land proposed for acquisition in accordance with paragraph 259.105 (3)(b), F.S., and this rule.
(b) No change.
(c) “Capital improvement project” means a proposed or approved activity which may be either a “restoration project” as defined in paragraph 18-24.001(2)(t)(r), F.A.C., or “other capital improvement project”, as defined in paragraph 18-24.001(2)(q)(p), F.A.C.
(d) “Component of the Everglades restoration efforts” as used in paragraph 259.105(9)(i), F.S. Florida Statutes, means a project which assists in achieving the restoration or acquisition objectives outlined in Sections 373.4592, 373.470, 373.1501 and 373.4595, F.S. Florida Statutes, except as restricted by the terms of Chapter 259, F.S.
(e) “Council” means the Acquisition and Restoration Council, pursuant to Section 259.035, F.S.
(f) No change.
(g) “Ecosystem management team” as used in paragraph 259.105(9)(h) F.S., means a team of citizens and agency representatives, formed and administered by the Department of Environmental Protection under its watershed or ecosystem management initiative.
(h) “Florida Forever Conservation Needs Assessment” refers to an analysis of the geographic distribution of Florida’s natural resources as required by the Florida Forever Act and developed in December 2000 and continually updated for the Department of Environmental Protection by the Florida Natural Areas Inventory in collaboration with the Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the University of Florida, the water management districts, the Department of State’s Division of Historical Resources, and other agencies and organizations with scientific or technical information on the natural, historical or recreational resources of Florida, incorporated herein by reference.
(i)(h) “Florida Forever criteria” means the criteria outlined in subsections 259.105(9), F.S., and further defined in Rule 18‑24.0021, F.A.C as amended herein pursuant to section 259.035(4)(b).
(j) “Florida Forever goals and measures” means the goals and measures outlined in subsection 259.105(4), F.S., and further defined in Rule 18‑24.0022, F.A.C as amended herein pursuant to section 259.035(4)(b).
(k) No change.
(l) “Fund” means the Florida Forever Trust Fund that is created by Section 259.1051, F.S.
(m) “Funding sources that are identified and assured through at least the first two years of the project” as used in paragraph 259.105(9)(e), F.S., means a funding source for a project for which a participating agency, entity, partner, or any combination thereof, has pledged in writing to pursue, through an identified funding source or sources, the resources required to manage or maintain the project for at least two years following the execution of a lease or management agreement, or for at least two years following receipt of specific authority from the Board to proceed with an approved project.
(n) “Less-than-fee acquisition”, as used in Chapter 259, F.S., and in this chapter, means acquisition of an interest in property that is not a full fee simple interest, such as a conservation easement.
(o) “Natural areas” as used in subparagraphs 259.105(2)(a)2. and 3., F.S., means areas of land or water that either retain or have re-established the characteristics of natural communities.
(p) “Ongoing governmental effort” as used in paragraph 259.105(9)(b), F.S., means an ongoing initiative of a federal, state, regional or local government that contributes to the accomplishment of the Florida Forever goals and measures.
(q) “Other capital improvement project” means a proposed or approved capital improvement activity relating to the development of necessary infrastructure such as the “construction, improvement, enlargement or extension of facilities, signs, firelanes, access roads, and trails; or any other activities that serve to … provide public access, recreational opportunities, or necessary services,” as enumerated in subsection 259.03(3), F.S., but excluding restoration projects as defined in paragraph18-24.001(2)(t)(r), F.A.C.
(r) “Project Evaluation Report” means a report prepared in accordance with Rule 18‑24.005, F.A.C., for use by the Council in determining the merits and characteristics of a proposal for funding through the Florida Forever program.
(s) No change.
(t) “Restoration project” means a proposed or approved capital improvement project such as ecosystem restoration, hydrological restoration, or invasive plant removal that do not qualify as an “other capital improvement project” as defined in paragraph 18-24.001 (2)(q)(p), F.A.C.
(u) “Significant archaeological or historical value” as used in paragraph 259.105(9)(d), F.S., means a resource deemed of such significance by the Department of State, Division of Historical Resources.
(v) No change.
18-24.002 Public Purposes and Categories of Projects Qualifying for Funding.
(1) Projects proposed to be funded pursuant to paragraph 259.105(3)(b), F.S., must meet at least one of the criteria outlined under subsection 259.105(9), F.S., and further described in Rule 18‑24.0021, F.A.C., and shall meet at least two of the Florida Forever measures outlined in subsection 259.105(4), F.S., and further described in Rule 18‑24.0022, F.A.C.
(2) To qualify for funding under paragraph 259.105(3)(b), F.S., a project also must be selected pursuant to the provisions of this rule, except as follows:
(a) An inholding or an addition to a project acquired by the Fund under paragraph 259.105(3)(b), F.S., if the estimated value of the inholding or addition does not exceed $500,000, and the managing agency demonstrates in writing to the Division of State Lands that such inholding or addition is in furtherance of the public purpose established for the original acquisition project, or of the current public purpose, if changed;
(b) No change.
(c) Lands which qualify for emergency acquisition by the Board, under the Emergency Archaeological Property Acquisition Act of 1988, Section 253.027, F.S. Florida Statutes;
(d) Lands which qualify for emergency acquisition by the Board pursuant to paragraph 259.041(15)(c), F.S., when a significant portion of the lands contain natural communities or plant or animal species which are listed by the Florida Natural Areas Inventory as critically imperiled, imperiled, or rare, or as excellent quality occurrences of natural communities;
(e) through (f) No change.
18-24.0021 Florida Forever Criteria.
For acquisition projects, the council shall give weight during project selection and ranking to the following Florida Forever criteria:
(1) The project meets multiple Florida Forever goals described in Rule 18-24.0022, F.A.C.
(2) through (12) No change.
18-24.0022 Florida Forever Goals and Numeric Performance Measures.
(1) The Florida Forever goals and measures described in this rule apply to all programs that receive Florida Forever Trust Funds pursuant to Section 259.105(3), F.S. Some goals and measures are specific to acquiring land, while others are primarily measures for capital improvement expenditures. Some measures are not directly related to Florida Forever program activities per se, but are general ecosystem function measures that may have an indirect connection or a post-acquisition land management or land use component. Some measures are specific to one or more of the programs funded under Florida Forever pursuant to Section 259.105(3), F.S., while the majority of the goals and measures overlaps with several programs.
(2) The council shall employ the following Florida Forever goals and measures when evaluating, selecting and ranking acquisition projects. Numeric values for these measures shall be supplied to the Council pursuant to paragraph 18-24.006(3)(c), F.A.C.:
(a) through (b) No change.
(c) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:
1. No change.
2. The number of acres proposed to be acquired for restoration, enhancement, and management as identified in plans prepared pursuant to Section 373.199, F.S., the management prospectus for an acquisition project prepared pursuant to Section 259.032(9)(d), F.S., or the Florida Ecological Restoration Inventory, which is maintained by the Department of Environmental Protection’s Division of Water Resource Management and available at www.dep.state.fl.us/water/wetlands/feri or by writing: Florida Wetland Restoration Information Center, 2600 Blair Stone Road, M.S. 3500, Tallahassee, Florida 32399; or by calling (850)245-8336.
3. through 7. No change.
(d) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by:
1. The number of acres proposed to be acquired which provide retention and storage of surface water in naturally occurring storage areas, such as lakes and wetlands, consistent with the maintenance of water resources or water supplies and consistent with district water supply plans, as identified by the water management districts in plans prepared pursuant to Section 373.199, F.S.
2. The number of acres proposed to be acquired for a water resource development project, as identified in plans prepared pursuant to Section 373.199, F.S.
3. No change.
(e) through (g) No change.
(h) Increase the amount of open space available in urban areas, as measured by:
1. No change.
2. The number of linear feet proposed to be acquired to protect working waterfronts, as defined in Section 380.503(18)(a) and (b), F.S.
(3) For capital improvement project proposals the following goals and measures are applicable:
(a) Protect, restore, and maintain the quality and natural functions of land, water and wetland systems of the state, as measured by:
1. No change.
2. The proposed percentage completion of targeted capital improvements in surface water improvement and management plans created pursuant to Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans if such project were funded.
3. No change.
(b) through (c) No change.
(4) The following list includes Florida Forever performance measures that may not directly relate to land acquisition, selection, or capital improvement expenditures, but are general ecosystem function measures that may have an indirect connection or measures that have a post-acquisition, land management or land use component that was not captured in subsections (2) and (3) above:
(a) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:
1. No change.
2. The percentage of water segments that fully meet, partially meet, or do not meet their designated uses as reported pursuant to Section 259.105(4)(c)2., F.S., in the Department of Environmental Protection’s State Water Quality Assessment 305(b) Report.
3. The percentage completion of targeted capital improvements in surface water improvement and management plans created under Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans.
4. through 6. No change.
(b) through (f) No change.
(5) No change.
(6) Statewide, uniform data sets shall be developed for each geographic-based numeric performance measure that is a component of the Florida Forever Conservation Needs Assessment. Each geographic-based data set shall attempt to identify and establish priorities for each performance measure. The Council may conduct one or more public workshops to receive scientific and technical advice on establishing targets for each of the geographic-based performance measures listed in subsection (2) as components of the Florida Forever Conservation Needs Assessment.
18-24.003 Application Procedures and Requirements.
(1) through (2) No change.
(3) All acquisition project applications shall include the following:
(a) through (d) No change.
(e) A written statement from the applicant asserting that each owner has been contacted in compliance with subparagraph 259.105(7)(b)2., F.S.
(f) Eighteen copies of a written description of the lands being proposed for acquisition, including all of the following:
1. through 5. No change.
6.a through c. No change.
d. For criterion subsections 18-24.0021(10), F.A.C., the applicant shall provide a notarized affidavit written statement, signed by the landowner, indicating the landowner’s willingness to sell their property at 80 percent or less of the state’s appraised value.
e. No change.
(g) No change.
(4) No change.
18-24.004 Initial Review of Project Proposals.
(1) through (2) No change.
(3) An acquisition proposal that was not selected for the full review list shall be reconsidered by the Council during a subsequent review cycle if all of the following conditions are met:
(a) A written request for resubmission and a complete application is received in accordance with Rule 18-24.003, F.A.C.;
(b) and (c) No change.
18-24.005 Full Review of Project Proposals.
(1) No change.
(2) For all acquisition project applications voted by the Council to receive full review, a Project Evaluation Report shall be prepared by staff and presented to the Council. The Project Evaluation Report shall:
(a) through (b) No change.
(c) Provide the Council with each reporting element required by subsection 259.105(15), F.S. Florida Statutes.
(d) No change.
(e) Include a confirmation of the project boundary as contained in the application and recommend boundary adjustments needed for resource protection, acquisition planning, and management, within the constraints of subparagraph 259.105(7)(b)2., F.S. This shall include a recommendation for which portions of the project required to be purchased, if any, might be declared surplus to the purposes of the project.
(f) Include a recommended manager for the project and a brief rationale for the recommendation, a management policy statement, and a management prospectus prepared pursuant to Section 259.032, F.S Florida Statutes.
(3) through (5) No change.
18-24.006 Council Evaluation and Ranking.
(1) Following full review, the Council shall develop a list of projects for consideration by the Board in accordance with the provisions of paragraph 259.105(3)(b), Florida Statutes F.S., and subsections 259.105(4), (8), (9), (10), (13), (14), (15), and (16), Florida Statutes F.S.
(2) Following the full review of projects pursuant to Rule 18-24.005, F.A.C., the Council shall select projects for inclusion on the list. An affirmative vote of at least five council members shall be required to place a project on the list to be presented to the Board. The Council may provide recommendations to the Division of State Lands on which category or categories to place each land acquisition project, or portions thereof.
(3) The Division of State Lands shall categorize the list pursuant to Section 259.105(17), F.S., in preparation for work plan development. The Council shall evaluate the entire list of approved projects and rank them individually in numerical priority order within each category for consideration by the Board as follows:
(a) When assigning priority rankings to projects the Council shall give increased priority to those projects that meet the provisions of the Florida Forever criteria described in paragraphs 259.105(9)(j) and (l), F.S., as further described in subsections (10) and (12) of Rule 18‑24.0021, F.A.C. and in subsection 259.105(10), F.S., as described in paragraph (3)(b) of this rule.
(b) No change.
(c) Priority rankings for each project shall be determined by the Council based on the results of the full review detailed in Rule 18-24.005, F.A.C., a comparative analysis of each project’s ability to meet the Florida Forever goals and measures and the Florida Forever criteria as identified in Rules 18-24.0021 and 18-24.0022, F.A.C., and additional information as identified in paragraphs (a), (b), and (d). As an initial information source for conducting this comparative analysis, the Department of Environmental Protection shall provide the council a comparative analysis and evaluation of each Florida Forever Project, which shall include rankings for each geographic-based resource type outlined in the subsection 18‑24.0022(2), F.A.C., as well as rankings based on an efficient resource analysis using a computer modeling approach to conservation reserve design that involves iterative site selection, which describes those projects offering the greatest return in resource protection given the estimated acreage likely to be acquired by the Florida Forever Program. The Council may conduct a public workshop to receive scientific and technical advice on establishing targets for each of the geographic-based resources being measured and evaluated pursuant to subsection 18‑24.0022(6), F.A.C. The Department also shall provide the council with a matrix of the criteria met by each project including the criteria described in paragraph (b), as well as information on the current status of negotiations to acquire property on the Division of State Lands work plan as described in subsection (6). The Council shall may also consider any other contributing technical analysis of Florida Forever projects submitted by Council members, other organizations or persons in conducting its review of projects for priority ranking.
(d) No change.
(4) No change.
(5) All acquisition projects approved by the Board shall be eligible for funding, with available resources targeted initially toward projects in High Resource Priority Group of the work plan developed pursuant to subsection (6). However, the Board may approve the purchase of any project from any group in furtherance of the intent expressed in paragraph 259.105(2)(e), F.S.
(6) The Division of State Lands shall prepare a categorized acquisition work plan pursuant to s. 259.105(17), F.S. The work plan shall be submitted to the Council at a public meeting. After receiving public testimony during at least one public meeting or hearing, the Council shall consider may require the Division’s to amend the work plan and, when but, once satisfied, shall adopt the work plan by a majority vote of its members. A copy of the work plan shall be provided to the Board no later than October 1 of each year. The Division of State Lands will use the Council’s priority list to develop its work plan. Projects in each of the work plan categories shall be placed in priority groups as follows:
(a) No change.
(b) Medium Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not of the highest priority. The acreage of projects designated for the Medium Priority Group shall be limited to the middle ranked 33% or less of the acreage of projects within each category on the list, as determined by the Council.
(c) Low Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not as important as those included in the high and medium resource priority groups. The Low Priority Group shall include at least the lowest ranked 33% of the acreage of projects within each category on the list, as determined by the Council.
18-24.007 Board of Trustees Consideration.
(1) The Board shall receive at a regularly scheduled public meeting, at least semiannually, the report of the Council pursuant to subsection 259.105(15), Florida Statutes F.S., and act on the recommendations contained in that report pursuant to subsection 259.105(14), Florida Statutes F.S.
(2) The Council’s report will include a list of owners who have requested by certified mail that their property be removed from the list, and maps of the locations of such property, and the Council’s recommendations for whether or not the Board should add such property back on the list. The Board may add those properties back into projects pursuant to the provision of subparagraph 259.105(7)(b)2., Florida Statutes F.S.
(3) No change.
18-24.008 Capital Improvement and Restoration Proposals.
(1) In order for a capital improvement project, whether restoration or other, to be eligible for access to the Fund, pursuant to paragraph 259.105(3)(b), Florida Statutes F.S., the project must be presented for the consideration of the Council in an application from the managing entity, for work on lands acquired from the Fund pursuant to Chapter 259, F.S.
(2) All capital improvement projects, whether restoration or other, which are presented in an application to the Council for funding consideration, must be contemplated in a prospectus or a land management plan submitted and approved pursuant to Sections 253.034 and 259.032, Florida Statutes F.S.
(3) through (6) No change.