The purpose of this rulemaking is to conform the rule language to changes made in statute. Amendments are needed to add the Land Acquisition Trust Fund as a funding source for Florida Forever acquisitions.

 

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NOS.:RULE TITLES:

18-24.001General and Definitions

18-24.0022Florida Forever Goals and Numeric Performance Measures

PURPOSE AND EFFECT: The purpose of this rulemaking is to conform the rule language to changes made in statute. Amendments are needed to add the Land Acquisition Trust Fund as a funding source for Florida Forever acquisitions.

SUMMARY: In 2015, the Legislature amended section 259.035(4)(a), F.S., “requiring the Acquisition and Restoration Council to develop rules defining specific criteria and numeric performance measures needed for lands acquired under the Florida Forever Program with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Article X of the State Constitution.” (Ch. 2015-229, Laws of Florida) The Acquisition and Restoration Council has previously developed rules defining specific criteria and numeric performance measures; this amendment will simply reflect the addition of the Land Acquisition Trust Fund.

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: Ratification is not required on any of the proposed rules because the proposed changes are technical in nature and, as such, there is no adverse impact or regulatory costs of the rule that exceed any of the criteria established in Section 120.541(2)(a), F.S., based on a review conducted in association with the “Proposed Rule: Is a SERC Required?” checklist.

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: 259.035(1), 259.035(4), 259.105(9), 259.105(18) F.S.

LAW IMPLEMENTED: 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 F.S.

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: Elaine Mann, Division of State Lands, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 100, Tallahassee, Florida 32399-3000, phone: [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

18-24.001 General and Definitions.

(1) This chapter is promulgated to set forth the procedures, standards, and criteria for the evaluation and selection of lands proposed for acquisition, restoration, and other capital improvements with funds from the Florida Forever Trust Fund pursuant to Section 259.105(3)(b), F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and to set forth the performance measures for all programs funded pursuant to Section 259.105(3), F.S.

(2) For the purposes of this chapter, the following terms are defined as follows:

(a)  through (k) No change.

(l) “Fund” means the Florida Forever Trust Fund that is created by Section 259.1051, F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution.

(m) through (v) No change.

Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10,                    .

 

18-24.0022 Florida Forever Goals and Numeric Performance Measures.

(1) The Florida Forever goals and measures described in this rule apply to all programs that receive Florida Forever Trust Funds pursuant to Section 259.105(3), F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution.  Some goals and measures are specific to acquiring land, while others are primarily measures for capital improvement expenditures. Some measures are not directly related to Florida Forever program activities per se, but are general ecosystem function measures that may have an indirect connection or a post-acquisition land management or land use component. Some measures are specific to one or more of the programs funded under Florida Forever pursuant to Section 259.105(3), F.S., while the majority of the goals and measures overlaps with several programs.

(2) through (4) No change.

(5) For program expenditures to acquire lands or implement capital improvements that achieve one or more of the measures listed above in subsection (2), (3) or (4), each program funded under Section 259.105(3), F.S., shall report its accomplishments to the Department of Environmental Protection’s Division of State Lands by January 15 of each year. Fund rRecipients of Florida Forever funds shall also report on those measures that are not directly related to Florida Forever expenditures but are applicable to their program component as described in subsection (4).

(6) No change.

Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 5-1-10,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elaine Mann, Program Analyst, Division of State Lands

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Trustees of the Internal Improvement Trust Fund

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 06, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2015