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Florida Administrative Code (Last Updated: April 18, 2024) |
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9. Department of Community Affairs |
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9K. Florida Communities Trust |
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9K-7. Florida Forever Program |
1Modification 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 Contract. Requests for boundary amendments received after said deadline shall not be considered unless an exception is granted by the Trust based upon the demonstration of good cause. Good cause shall be based on whether the boundary modification is necessary to the successful development and management of the Project Site. The following procedures are established to guide the submission and review of boundary modification requests.
109(1) A written request for boundary modification must be submitted and contain the items listed below. The request must be transmitted with an original signature cover letter on the Recipient’s letterhead, signed by the appropriate authorized representative named in the Grant Contract, and include a statement binding the Recipient to fulfill the commitments made in the request for boundary modification.
169(a) An explanation of how the proposed modification complies with the intent and purpose of the project as stated in the original Application;
192(b) An explanation of why the requested boundary change was not contained in the original Application;
208(c) An explanation of the effect on the overall project if the requested modification is not approved;
225(d) A written statement signed by the Recipient detailing any and all changes to the original Application which result from the boundary modification being proposed; and
251(e) An amended acquisition plan.
256(2) Following receipt of a request for boundary modification, Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient’s key contact of any additional information or clarification that is needed to complete the review.
308(3) Trust staff shall prepare a recommendation for consideration and approval by the Trust following the same review procedures used to evaluate the original Application. The report will contain the following:
339(a) Whether the proposed boundary modification is consistent with the purpose and intent of the original Application;
356(b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site;
371(c) Whether the proposed boundary modification would change the final project score if it had been part of the original Application and whether the revised score would result in any change in the funding status of the project;
409(d) Whether the Trust has funds available to cover the additional Project Costs and that the increase in the Trust Award would not exceed the Award limit contained in this rule chapter.
441(4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before final approval of the boundary change.
465Rulemaking Authority 467380.507(11) FS. 469Law Implemented 471259.105, 472380.510 FS. 474History–New 4752-8-10476.
