that it has issued an order on December 14, 2016, granting Seminole County, Florida’s Petition for Waiver. The Petition was received on October 13, 2016. Notice of Receipt of this Petition was published in the Florida Administrative Register on ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-818.016: Consideration of Recipient's Request for Land Exchanges

The Department of Environment Protection hereby gives notice:

that it has issued an order on December 14, 2016, granting Seminole County, Florida’s Petition for Waiver. The Petition was received on October 13, 2016. Notice of Receipt of this Petition was published in the Florida Administrative Register on October 18, 2016; VOL 42/203. The petition requested a waiver from paragraph 62-818.016(1)(a), F.A.C., which requires that a proposed land exchange parcel for a Florida Communities Trust (FCT) project must be contiguous to an FCT project site. The petition also requested a temporary waiver from paragraphs 62-818.016(2)(d) and (e), F.A.C., which require submission of a survey and legal description of the parcel to be acquired and the parcel to be provided by the Recipient/Trust, and submission of a title policy of the parcel to be acquired in order for FCT staff to further evaluate a land exchange request under the FCT program. No public comment was received. The Order, OGC Case No. 16-1342, granted the Petition to paragraphs 62-818.016(1)(a) and 62-818.016(2)(d) and (e), F.A.C., based on a showing that strict application of these rules would result in a substantial hardship to Petitioner, and on Petitioner’s demonstration that a waiver of paragraph 62.818.016(1)(a), F.A.C. and a temporary waiver of paragraphs 62-818.0169(2)(d) and (e), F.A.C. would be consistent with the purpose of the underlying statutes, and that said purpose will be achieved because it is promoting the acquisition, preservation and protection of, and access to open space for public recreation and conservation by facilitating the purchase of the alternative project site. Additionally, the purpose of the statutes being implemented will be otherwise met because ultimate approval of the land exchange request will be contingent upon the title policy and survey work being received and sufficient, thereby protecting the interests of the people of Florida.

A copy of the Order or additional information may be obtained by contacting:

Department of Environmental Protection, Attn: Linda Reeves, 3900 Commonwealth Blvd., Mail Station #103, Tallahassee, Florida, 32399-3000, telephone: [phone], [e-mail], during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.