62-815.011. Preparation and Acceptance of Project Plans

(1) All applicants that have received conceptual approval from the Trust must prepare a project plan for approval by the governing body, prior to the release of Preservation 2000 funds from the Trust. This project plan must include the following:

(a) A purchase agreement for acquisition of the project site, executed by the property seller and the grant Recipient(s), that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 62-817, F.A.C., and be otherwise consistent with the provisions of that rule chapter. This signed agreement may be negotiated by either the Trust, or by the Recipient pursuant to the conceptual approval agreement between the Trust and the Recipient.

(b) A management plan which at a minimum sets forth how the site will be managed to further the purpose of the project, a description of all planned improvements to the project site, the costs and funding sources, and the management entity and its funding source. If the Recipient is not the proposed managing entity, the project plan must include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management.

(c) A statement of the total project cost, including all non-recurring costs of project development.

(d) A statement of the amount of the award being requested from the Trust.

(e) A statement from each local government in whose jurisdiction the project site is located that the project plan is consistent with the local comprehensive plan.

(f) Evidence that the conditions imposed as part of the conceptual approval have been satisfied.

(2) The governing body shall decide whether to approve the project plan based upon the Recipient’s compliance with the Conceptual Approval Agreement, the requirements of subsection (1) and the following:

(a) The governing body shall reject any project plan if any portion of the project plan is insufficient to carry out the purpose of the project or is inconsistent with statutory or administrative requirements.

(b) Recipients requesting approval of project plans by the governing body must submit the project plan on or before the deadline for submittal, which shall be announced in the Florida Administrative Weekly prior to each quarterly meeting of the governing body.

(c) The Trust staff shall review project plans for completeness of all items required under this part. Project plans found incomplete by staff may be made complete by the applicant, so long as the complete project plan is received prior to the announced deadline described above. Project plans completed after the deadline shall be considered at the next meeting of the governing body for which the announced deadline is met by the applicant.

(d) Any application with conceptual approval whose project plan is not rejected by the governing body but for which sufficient Preservation 2000 funds are not available will be approved for Preservation 2000 funds from the next funding period.

(e) A Recipient whose project plan is rejected by the Trust may amend the project plan for reconsideration at the next meeting of the Trust governing body.

(f) The Trust shall withhold project plan approval if the local comprehensive plan of the applicant or the applicant’s partner is, for any reason, found not in compliance by the Department after conceptual approval has been granted by the Trust, unless the local government has executed a stipulated settlement agreement with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued pursuant to Section 163.3184(8), Florida Statutes.

(3) The Trust shall publish a Notice of Approval For Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project plan that has received approval for funding, and the amount of funding approved. Any person with substantial interests that are or may be determined by the decision of the Trust to reject or approve the project plan may request an administrative proceeding pursuant to Section 120.57, Florida Statutes, within 21 days from publication of the Notice of Approval for Preservation 2000 Funds.

Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.507(11), 380.508, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly 9K-4.011.