Refine and correct oversights in the original rule making the rule more streamlined and user friendly for applicants to the program and for the agency.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-7.002 Definitions

5I-7.004 Application Procedures and Requirements

5I-7.007 Ranking, Review and Approval of Priority Acquisition List

5I-7.009 Appraisal Procedures, Report Requirements and Determining Maximum Amounts

5I-7.012 Closing

5I-7.014 Compliance, Monitoring and Enforcement

PURPOSE AND EFFECT: Refine and correct oversights in the original rule making the rule more streamlined and user friendly for applicants to the program and for the agency.

SUMMARY: Qualification and prioritization of applicants of the Rural and Family Lands Protection Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that participation in the program is voluntary and there are no fees associated with Rule Chapter 5I-7, F.A.C., or with the proposed change. Any costs are minimal and undeterminable. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 570.71(10), 259.105, 259.105(3)(i) FS.

LAW IMPLEMENTED: 570.70, 570.71, 259.105, 259.04(1)(c) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Reed, Land Program Coordinator, Florida Forest Service, Land Administration Section, The Conner Building, 3125 Conner Boulevard, Room 237, Tallahassee, FL 32399-1650, [phone], [phone] Fax, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5I-7.002 Definitions.

(1) through (10) No change.

(11) “Division” means the Florida Forest Service Division of Forestry in the Department of Agriculture and Consumer Services. 

(12) through (18) No change.

(19) “Supplemental Standards” means the Supplemental Appraisal Standards for Board of Trustees Land, which contains appraisal requirements that establish public policy and add to the standard appraisal procedures and practices of the appraisal profession for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 259, F.S., which is incorporated by reference in subsection 18-1.002(27), F.A.C. adopted by the Board of Trustees of the Internal Improvement Trust Fund, dated April 14, 2008, incorporated by reference and available on the internet at: http://www.dep.state.fl.us/lands/appraisal/ or by sending a request to: Department of Environmental Protection, Bureau of Appraisal, 3900 Commonwealth Boulevard, MS #110, Tallahassee, Florida 32399-3000 or by phone at [phone] or by fax at [phone].

(20) “Uniform Standards of Professional Appraisal Practices (USPAP)” means the generally accepted and recognized standards of real property appraisal practice in the United States promulgated by the Appraisal Foundation and used by state and federal agencies and others, which is incorporated by reference in Rule 61J1-9.001, F.A.C. and available on the internet at: http://commerce.appraisalfoundation.org/html/ or by sending a request to: The Appraisal Foundation, 1155 15th Street, N. W., Suite 1111, Washington, DC 20005.

(21) through (22) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended__________.

 

5I-7.004 Application Procedures and Requirements.

(1) For purposes of Sections 259.105(3)(i), 570.70(5) and 570.71, F.S., anyone submitting an application for consideration of a project under this rule shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application RURAL & FAMILY LANDS PROTECTION PROGRAM ASSOCIATION, Rev. 5/1308/08, hereby incorporated by reference. Copies are immediately available on the internet at:  http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.fl-dof.com/forest_management/rural_family_lands_index.html or by sending a request to: Florida Department of Agriculture and Consumer Services, Florida Forest Service Division of Forestry, 3125 Conner Boulevard, Suite “JI”, Tallahassee, FL 32399-1650.

(2) Landowners applying to the Program who have submitted information to another agency under the Florida Forever program, Section 259.105, F.S., may submit a Rural and Family Lands Protection Program application. If the required supporting documentation has previously been provided to another agency, the applicant shall notify the Department, which will then assist in identifying and securing information and documentation previously submitted and available from the other Florida Forever program.

(3) The Department shall accept applications on an ongoing basis that will be reviewed during the application review cycle in which they are received.

(2)(4) When an application review cycle is initiated by the Department, Not less than once per year the Department shall publish a Notice of Application Review Cycle with a date by which new all applications must be received. All notices shall be published in the Florida Administrative Register, and available on the internet at:  http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.fl-dof.com/forest_management/rural_family_lands_index.html no less than 45 days prior to the application review cycle deadline.

(3) All projects on the existing priority list will be carried over without submission of a new application, unless the landowner notifies the Department in writing that the project is withdrawn from the list.  Landowners with property on the existing priority list shall submit descriptions of any changes to use or conditions on the property by the deadline for submission of new applications published in the Notice of Application Review Cycle.  If the project no longer meets the program criteria set forth in subsection 5I-5.007(3), F.A.C., due to changes to use or conditions on the property, Division staff shall recommend to the Rural and Family Lands Selection Committee that the project be deemed ineligible.  All new and existing projects will either be ranked or re-ranked in accordance with Rule 5I-7.007, F.A.C.

(4)(5) Each acquisition project application received shall, within 30 days of receipt, be reviewed by Division staff to verify sufficiency of information and that on its face is eligible for further review and evaluation in accordance with this section. 

(a) Incomplete applications shall be returned to the applicant with a letter stating every deficiency, for completion and resubmission. If the supplemental information is not received by the application review cycle deadline, the entire file will be returned to the applicant.

(b) Applications determined to be ineligible shall be returned to the applicant with an explanation of the reason that the project was determined to be ineligible. 

(c) Applications received after the application review cycle deadline shall not be considered in the next group of projects.

(5) Requests for a project boundary modification of currently approved projects for acreage additions or reductions of 15% or less of the total approved project area shall be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new projects. Should the Committee approve the modification, a new total project acreage would be established.  If the modification will be in excess of 15% of the total approved project area, the landowner must submit a new application.

(6) If the landowner contemplates a division of the property, the size and scope of such division shall be specified in the application and must go before the Selection Committee for approval.  No division of the property will be allowed after the approval and ranking of the project.  The division must not result in any parcel being below the median size of farms in the county, as determined by the Median Size of Farms by County Table, Version September 2014, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended__________.

 

5I-7.007 Ranking, Review and Approval of Priority Acquisition List.

(1) through (3) No change.

(4) The Rural and Family Lands Selection Committee shall consider the list of projects at a public meeting conducted pursuant to Section 120.525, F.S. The purpose of the meeting shall be to receive public comment, consider the eligibility of new applications and projects on the existing priority list, and by majority vote adopt a list of projects in tiered priority order that qualify for acquisition under the Program.

(5) No change.

(6) Following review by the Council, the Department shall present the priority list to the Board for approval, along with supporting information outlined in subsection (7) below. The Board is authorized to remove projects from the list, but may not add projects or change project rankings, as provided in Section 259.105(15)04(1)(c), F.S.

(7) through (11) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105, 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105, 259.04(1)(c) FS. History–New 11-3-08, Amended_________.

 

5I-7.009 Appraisal Procedures, Report Requirements and Determining Maximum Amounts.

(1) The Department shall only use appraisers and review appraisers from the list of approved appraisers under contracts developed and maintained pursuant to subsections 18-1.007(1) and (2), F.A.C. The Department is authorized to contract directly with qualified appraisers and review appraisers or coordinate through the Department of Environmental Protection, Division of State Lands for review appraisal services.

(2) through (5) No change.

(6) The development and reporting of all appraisal services by the appraiser and review appraiser shall be consistent with the Uniform Standards of Professional Appraisal Practices (USPAP), Supplemental Standards, this chapter and the specific assignment. The Supplemental Standards identified in subsection 5I-7.002(19), F.A.C., are hereby adopted by reference.

(7) through (14) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended _________.

 

5I-7.012 Closing.

(1) The Department shall have the authority to modify the purchase instrument previously approved by the Board to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for closing does not exceed 180 calendar days after the date contemplated in the purchase instrument approved by the Board. The Department shall also have the authority to execute or modify all documents necessary for the implementation of Board action, including without limitation the purchase instrument, legal descriptions, deeds, assignments, title policies and other miscellaneous agreements and affidavits, provided the modification does not change the substance or the scope of Board approval, and provided the document executed or modified was either approved by the Board or contemplated by Board approval. Any increase changes in the purchase price to be paid to the seller not contemplated by the terms of the purchase instrument must be approved by the Board. An extension or modification may only be made under the terms of the purchase instrument, or with the seller’s agreement.

(2) through (4) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS.  Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended_________.

 

5I-7.014 Compliance, Monitoring and Enforcement.

(1) through (3) No change.

(4) The Department shall monitor all perpetual easements utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, 12/14 08/08, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.fl-dof.com/forest_management/rural_family_lands_index.html or by sending a request to: the Florida Department of Agriculture and Consumer Services, Florida Forest Service Division of Forestry, 3125 Conner Boulevard, Suite “JI”, Tallahassee, FL 32399-1650.

(5) No change.

(6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with terms and conditions of the perpetual easement utilizing Form FDACS-11208 11209, Rural & Family Lands Protection Program Easement Monitoring Form Review, 12/14 08/08, hereby incorporated by reference and immediately available on the internet at: http://www.fl-dof.com/forest_management/ rural_family_lands_index.html or by sending a request to: the Florida Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Suite “JI”, Tallahassee, FL 32399-1650.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Karels, Director, Florida Forest Service

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner, Florida Department of Agriculture and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2014