Florida Administrative Code

(1) "Acquisition" means the act of obtaining real property or interests and rights therein by various legal means to serve natural resource conservation or outdoor recreation. (2) "Agent" means an authorized representative assisting the applicant or recipient to secure real estat…

(1) This rule chapter shall govern the activities for acquisition of real property using proceeds from the Preservation 2000 Trust Fund, when title to such real property vests in the local government. (2) Pursuant to Section 380.507(11), F.S., these rules must include, but not be…

(1) Section 259.101(3)(c), F.S., allocates proceeds deposited into the Preservation 2000 Trust Funds to the Department to provide land acquisition grants and loans to local governments through the Florida Communities Trust pursuant to Chapter 380, Part III, F.S. Title to real pro…

(1) Initial Title Report. In order to obtain appraisals, the party responsible for acquisition activities as determined in paragraph 62-817.004(3)(c), F.A.C., shall order a title report or title commitment. The title report shall include a legal description of the real property t…

(1) For each project site, the party responsible for acquisition activities shall cause to be prepared an appraisal map that contains adequate legal description of the real property, any known title information and other land characteristics that may have an impact on the market …

(1) The party responsible for acquisition activities shall contract with the approved appraiser(s) qualified to appraise real property that is like the project site, according to contract requirements of the recipient or the Trust, whichever is responsible for acquisition activit…

(1) The Trust, the recipient, the recipient's agent(s) and the party responsible for acquisition shall maintain confidentiality of appraisals, according to the requirements set forth below. (2) Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for munici…

(1) As described in paragraph 62-817.004(3)(c), F.A.C., the recipient shall elect whether the recipient or its agent, or the Trust or its agent, will conduct all negotiations with the owner. (2) It shall be the goal of the Trust and the recipient that the acquisition of the real …

(1) The Trust and the recipient shall maintain confidentiality of offers and counteroffers, according to the requirements set forth below. (2) Pursuant to Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, such offers and counteroffers…

(1) The form of the final negotiated purchase shall be a written purchase agreement that is signed by the owner, the recipient and the Trust. (2) The Trust or recipient may prepare and use any form of purchase agreement approved by the Trust as meeting the intent of all applicabl…

(1) All sites acquired with funds from the Preservation 2000 Trust Fund shall be examined for hazardous materials contamination within 45 days before closing. (2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in perfo…

(1) Pursuant to Section 380.510(3), F.S., the Trust shall approve the terms under which the interest in land is acquired. Such approval shall be evidenced by the Trust execution of the purchase agreement. (2) The Trust shall consider and approve the terms of the acquisition, toge…

(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 to be closed. The reconciliation statement shall be based on the prepared buyer and seller closing stateme…

This rule chapter sets forth the procedures that must be followed for grant applications for Florida Forever funds awarded by Florida Communities Trust. The purpose of the program is to provide grants to local governments and non-profit environmental organizations for the acquisi…

(1) "Acquisition" means the act of obtaining real property or interests and rights therein by appropriate legal means in furtherance of The Florida Forever Act and this rule chapter. (2) "Acquisition Plan" applies to Project Sites with multiple parcels or multiple owners and mean…

The following constitutes the general procedures for the Florida Forever Program of the Florida Communities Trust (FCT). (1) Application Form. Application Form FCT-5 (eff. 2-8-10), incorporated herein by reference, is prescribed for use with these rules. Applications for funding …

(1) Applications must be submitted by mail or delivery to the Florida Communities Trust, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000. To be timely submitted, Applications must be received on or before the published Appl…

After an Application has been submitted for funding under the conditions described herein, all communications to the Governing Board of the Trust regarding any Application under consideration shall be in writing and mailed or delivered to the Trust for distribution to all members…

(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 A…

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and in Application Form FCT-5 (eff. 2-8-10), incorporated herein by reference. Trust staff will be responsible for evaluating Applications and recommending point scores to the Governing B…

(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…

(1) Following the ranking and selection of Applications described above but prior to approval, the Trust staff shall conduct site visits or other investigations. If such visits or investigations reveal undisclosed facts or erroneous evaluation conclusions, the Trust staff shall a…

(1) Prior to release of Florida Forever Funds for a project, the Recipients shall submit a Management Plan for approval by the Trust. Phased Projects or additions to Trust funded projects shall be combined into existing Management Plans. The Management Plan shall explain how the …

This rule chapter and chapter 62-819, F.A.C., shall govern in all matters of title, acquisition procedures, Project Plans, lease agreements and transfer of title for lands acquired with Florida Forever funds received under the Florida Forever Program. Rulemaking Authority 380.507…

(1) Each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions imposed at the time the award was made are being followed and to monitor the steward…

Modification to expand the boundary of a Project Site selected for approval will be considered by the Trust on a case-by-case basis. Requests to modify the project boundary shall be submitted to the Trust within 12 months of the approval of the Grant Agreement. Requests for bound…

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 re…

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 adja…

This rule chapter sets forth the procedures that must be followed for land acquisitions using Florida Forever funds awarded by Florida Communities Trust. Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History-New 5-27-01, Formerly 9K-8.001

The definitions set forth in Rule 62-818.002, F.A.C., shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter: (1) "Agent" means an authorized representative assisting the …

(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 sh…

(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 ma…

(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 stat…

(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 …

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 cont…

(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 pub…

(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. The objective of all purchase negotiations shall be to obtain, at th…

(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 applic…

(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 b…

(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 perform…

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. History-New 5-27-01, Amended 12-9-03, …

(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 st…

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 o…

(1) "Acquisition" means the act of obtaining real property or interests and rights therein through a voluntarily-negotiated transaction and through appropriate legal means in furtherance of The Florida Forever Act and this rule chapter. (2) "Applicant" means an eligible Local Gov…

The following constitutes the general procedures for the Stan Mayfield Working Waterfronts Florida Forever grant program of the Florida Communities Trust. (1) Application Form. Stan Mayfield Working Waterfronts Grant Application Form SMWW-2 (eff. 5-16-10), is prescribed for use w…

(1) Applications must be submitted by mail or delivery to the Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000. To be timely submitted, Applications must be received on or before the published Application deadline. (2) Deadlines for subm…

(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…

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and the information in Application Form SMWW-2. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review …

(1) Prior to preparing the ranking report of projects, Trust staff shall conduct site visits as needed to verify the conditions represented by the Applicants in the SMWW-2. (2) Ranking report and evaluation reports. After a period for review, Trust staff shall prepare a prelimina…

(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 …