62S-1.400. Designation of Public Conservation or Recreation Lands and Waterways

(1) Eligible Projects. Public Conservation or Recreation Lands and Waterways within the state may be designated by the Department as components of the Florida Greenways and Trails System upon compliance with the requirements of this rule.

(2) Initiation of Process. The designation process for Public Conservation or Recreation Lands and Waterways can be initiated in one of two ways:

(a) The Department can contact the owner or managing entity of Public Conservation or Recreation Lands or Waterways to formally request that the property be designated as part of the Florida Greenways and Trails System; or

(b) The owner or managing entity of Public Conservation or Recreation Lands or Waterways can contact the Department’s Office of Greenways and Trails at the address stated in paragraph 62S-1.350(2)(b), F.A.C., to request designation of the property as part of the statewide system of greenways and trails.

In either case, the owner of the Public Conservation or Recreation Lands or Waterways proposed for designation must provide the Department with written consent to designation of the property as part of the Florida Greenways and Trails System.

(3) Submission of Project Proposals. To confirm its desire to pursue designation of the Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System, the owner or managing entity of the property must complete and file with OGT an “Application for Designation of Public Lands or Waterways,” DEP Form #OGT-6, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference. The following documents must be attached to the Application for Designation of Public Lands or Waterways at the time of submittal:

(a) An “Owner Consent,” DEP Form #OGT-7, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference, signed by the record title owner(s) of the property; and

(b) A “Management Certificate,” DEP Form #OGT-8, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference, signed by the managing entity of the property. The forms can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station 795, Tallahassee, FL 32399-3000, by telephoning [phone] (SunCom 205-2052), or through OGT’s website address, www.floridagreenwaysandtrails.com. All required documentation must be submitted to OGT at the above postal address.

(4) Evaluation of Designation Proposals. Upon receipt of a completed and signed Application for Designation of Public Lands or Waterways, Owner Consent form and Management Certificate for the Public Conservation or Recreation Lands or Waterways being proposed for designation, OGT staff will evaluate the designation proposal to verify its compliance with the requirements of this rule. If OGT’s evaluation indicates that the project does not satisfy the designation criteria, it shall so notify the submitting party or parties in writing. If OGT’s evaluation indicates that the requirements of this rule have been met, OGT will coordinate the preparation of a proposed designation agreement for the property.

(5) Preparation of Designation Agreement. At a minimum, a proposed designation agreement shall include or address the following:

(a) The owner’s statutory right to have the property removed from designation;

(b) The term of the designation and the criteria for and manner in which the designation and the agreement can be modified, expanded (to encompass additional adjacent lands or waterways, for example), withdrawn from designation by the owner, or removed from the Florida Greenways and Trails System by the Department;

(c) Management, operation and maintenance of the designated property, including the responsibility of the owner or manager to notify the Department of any change in the following: property ownership or management; the condition or extent of natural, recreational, cultural or historic resources described in the Application for Designation of Public Lands or Waterways or its attachments; or the expansion or improvement of the project or its amenities and facilities. Alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;

(d) Disposition of all temporary and permanent structures or other improvements made to the property by the owner, the Department or others, whether existing at the time of designation or constructed or erected later;

(e) The issue of public access to all or part of the designated lands or waterways, including written authorization from the owner(s) in the form of a lease or other instrument if public access is granted;

(f) If necessary, development or modification of a greenway or trail use plan for the property which, at a minimum, describes the types and intensities of uses permitted and addresses public safety regulation and enforcement, and the components of which must be compatible with connecting segments of the Florida Greenways and Trails System; alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;

(g) If applicable, identification of the methods and personnel responsible for enforcement of state law within the designated lands or waterways. If the owner wishes to enforce additional restrictions on the property, the designation agreement must detail the restrictions and identify the methods and personnel responsible for their enforcement, or a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference.

(6) Public Hearing and Notice. Upon completion of a proposed designation agreement for the Public Conservation or Recreation Lands or Waterways proposed for designation, OGT shall:

(a) Notify the Florida Greenways and Trails Council that the proposed designation will be presented to the Council at its next public meeting;

(b) Provide the Council with a copy of the Application for Designation of Public Lands or Waterways, Owner Consent, Management Certificate and proposed designation agreement for the project;

(c) Publish notice of the Council’s next public meeting in the Florida Administrative Weekly not less than fourteen (14) days before the meeting; in addition to a statement of the general subject matter to be considered at the meeting, the notice shall include an announcement of the Department’s intent to designate the Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System; and

(7) Council Review and Recommendation. The Florida Greenways and Trails Council shall review each proposal for designation of Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System. At the meeting noticed under paragraph 62S-1.400(6)(c), F.A.C., OGT staff will present to the Council a verbal summary of the relevant information submitted for each proposed designation project and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties and projects. Following the close of the comment period, the Council shall consider the information submitted and either recommend approval or disapproval of the designation proposal to the Secretary of the Department. The Council’s recommendation shall be ratified by a majority of members present and voting at the public meeting; a quorum shall be present when the ratification vote is taken. OGT staff shall forward the Council’s recommendation to the Secretary of the Department.

(8) Secretary Approval and Effective Date of Designation. The Secretary of the Department shall consider the recommendation of the Florida Greenways and Trails Council and public comment prior to approving or rejecting a proposed designation of Public Conservation or Recreation Lands or Waterways. Official designation of the property into the Florida Greenways and Trails System shall become effective upon execution of a binding designation agreement by the Secretary of the Department, the owner(s) and managing entity of the Public Conservation or Recreation Lands or Waterways and any other indispensable parties.

(9) Record of Designation. OGT shall maintain an indexed record of all designation agreements executed in connection with the designation of Public Conservation or Recreation Lands and Waterways as portions of the Florida Greenways and Trails System. Designation agreements shall be available for public inspection and copying at reasonable times and upon prior written notice to the Department. The owner of the Public Conservation or Recreation Lands or Waterways may (but is not required to) record the designation agreement, or a memorandum thereof, in the public records of the county or counties in which the designated lands or waterways are located, at the owner’s expense.

Specific Authority 260.016(1)(c)1. FS. Law Implemented 260.012, 260.013, 260.014, 260.0142, 260.016 FS. History–New 7-11-00, Amended 7-10-03.