The purpose of this rulemaking is to clarify and update the department’s rules and incorporated forms to increase efficiency in reviewing applications and acquiring rural lands protection easements. The proposed rules will ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-7.004Application Procedures and Requirements

5I-7.005Technical Review and Evaluation of Project Applications

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

5I-7.008Title and Survey

5I-7.010Negotiations and Purchase Instruments

5I-7.011Board Action

5I-7.013Multi-Party Acquisitions

5I-7.014Compliance, Monitoring and Enforcement

PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify and update the department’s rules and incorporated forms to increase efficiency in reviewing applications and acquiring rural lands protection easements. The proposed rules will update requirements for when the department must obtain approval of the Board of Trustees of the Internal Improvement Trust Fund for a purchase agreement, in response to HB 1279 and HB 1379, which were passed by the 2023 Legislature.

SUMMARY: The proposed amendments update the type of easement used by of the program, reflect the current program address and electronic location of forms, clarify existing rule language, and create the Rural and Family Lands Protection Program Certification Form for carry-over applications. The proposed amendments require the department to submit a purchase agreement for approval only if the purchase price exceeds $5 million, based on statutory changes.

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 rules do not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The proposed amendments will not add any cost to regulated businesses or the department. 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: 259.105(3)(i), 570.07(23), 570.71(10), FS.

LAW IMPLEMENTED: 259.105, 259.105(3)(i), 570.71, 570.715, 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: Natalie Lozano, Rural and Family Lands Protection Program, 315 South Calhoun Street, Suite 500, Tallahassee, FL 32301; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5I-7.004 Application Procedures and Requirements.

(1) For purposes of Sections 259.105(3)(i), and 570.71, F.S., anyone submitting an application for consideration of a Project shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application, Rev. 12/24 04/23, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-15367 or by sending a request to the following mail or email address. When an application review cycle is announced, applications must be submitted by electronic portal entry or mail or email to:

Florida Department of Agriculture and Consumer Services,

Rural and Family Lands Protection Program

Florida Forest Service

315 South Calhoun Street, Suite 500

3125 Conner Boulevard, Suite “J”

Tallahassee, FL 32301-1843 32399-1650

[e-mail].

Applications must be delivered by 5:00 p.m. (Eastern Standard Time), on the final day of the application period, as announced pursuant to subsection 5I-7.004(2), F.A.C.

(2) No change.

(3) When an application review cycle is initiated by the Department, all Projects on the existing Project acquisition list will be carried over without submission of a new application, but will require the Landowner to submit Form FDACS-11210, a Rural & Family Lands Protection Program Project Certification Form, 04/24, hereby incorporated by reference and immediately available on the internet at : http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX or by sending a request to the above mail address. The form must be submitted by electronic portal entry or mailed unless the landowner notifies the Department in writing that the Project is withdrawn from the list. Landowners with property on the existing Project acquisition 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. Failure to submit the Project Certification Form will remove the project from consideration. If the Project no longer meets the Program eligibility criteria set forth in Rule 5I-7.003 5I-5.003, F.A.C., due to changes to use, boundaries, or conditions on the property, Division staff shall recommend to the Rural and Family Lands Selection Committee that the Project be deemed ineligible. When an application review cycle is initiated by the Department, all new and existing Projects will either be ranked or re-ranked in accordance with Rule 5I-7.007, F.A.C.

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

(a) The Department shall notify the applicant with a notice of deficiency provided, via the applicant’s preferred method of contact as indicated on the application, setting forth a description of the deficiency and instructions for resubmission. If the required information is not received in writing via the methods described in subsection 5I-7.004(1), F.A.C., and all reasonable attempts have been made to contact the landowner within five (5) business days of the applicant’s receipt of the notice of deficiency, the application will be rejected.

(b) through (c) No change.

(5) No change.

(6) If the landowner contemplates a division of the property, the size and scope of such division must 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 of the Project without the written consent of the Department. The division must not result in any parcel being below the median size of farms in the county, as determined by the USDA Median Size of Farms by County Table, Version 2022 2017, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-15369 or by sending a request to [e-mail] or the mailing address provided in Rule 5I-7.004, F.A.C.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23, .

 

5I-7.005 Technical Review and Evaluation of Project Applications.

(1) No change.

(2) The Technical Review Team will be authorized to perform a site visit to each new Project by selected team member(s) for the purposes of inspecting, observing, and evaluating property characteristics, and the degree of quality of both the agricultural operations, the suitability for long-term agricultural use, and the natural resource characteristics and the suitability for long-term agricultural use. The site visit will provide for an exchange of information between the landowner, property manager, and technical review team members.

(3) through (4) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23,                    .

 

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

(1) through (8) No change.

(9) All acquisition Projects approved by the Board shall be eligible for funding, with available resources targeted initially toward the highest-ranked Projects. However, the Board is authorized to approve the purchase of any Project from the list, pursuant to Section 259.105, F.S., any Project with cost-share opportunities, and any as well as boundary amendments to completed Projects previously ranked and acquired pursuant to prior lists. The boundary amendment shall not exceed 15% of the total Project acreage previously approved and does not need to be independently ranked. Such amendments must benefit both the Landowner and the Program, create a cohesive and consistent Project, and resolve issues such as title defects, road and plat abandonment, and in-holdings acquired subsequent to closing on the original Project acreage.

(10) No change.

(11) In the event there is no application review cycle initiated during the calendar year, the previously approved previously-approved Project acquisition list may be used, subject to the availability of funds, until the Board approves a Project acquisition list. The Board may also re-approve the previous Project acquisition list.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105 FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23,                    .

 

5I-7.008 Title and Survey.

(1) through (2) No change.

(3) Condition of Title. The objective of negotiations for acquisition of property interests is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned easement. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined and evaluated as to potential possible adverse effect on the objectives in acquiring the property interest. Such matters will be disclosed to the Board at the time the Project is submitted on the Department’s agenda for consideration by the Board.

(4) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23,                    .

 

5I-7.010 Negotiations and Purchase Instruments.

(1) through (5) No change.

(6) Pursuant to Section 570.715(5), F.S., appraisal(s) shall be confidential and exempt from the provisions of Section 119.07(1), F.S., as provided in Section 570.715(5), F.S., until an option contract is executed or, if an option contract is not executed, until (2) weeks before an agreement for purchase is considered for approval by the Board. However, the Department shall disclose appraisal reports to private landowners or their representatives during negotiations for acquisitions has the authority, at its discretion, to disclose appraisal(s) to private landowners during negotiations for acquisitions under this Program if the Department determines that disclosure of such reports will bring the proposed acquisition to closure.

(7) through (10) No change.

(11) Pursuant to Section 570.71(14), F.S., notwithstanding any other law or rule, the Department shall submit a purchase agreement to the Board for approval only if the purchase price exceeds $5 million All agreements involving the purchase of a Perpetual Easement shall be reviewed and approved at a duly noticed meeting by the Board.

(12) All conveyances of a real property interest shall vest in the Board. The Board may agree to jointly share title with a federal agency, local government, or water management district that has contributed funds to the purchase of the easement being jointly acquired. The title interest shall be no greater than the percentage of financial contribution by the governmental entity.

(13) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23,                    .

 

5I-7.011 Board Action.

(1) No change.

(2) Pursuant to Section 570.71(14), F.S., notwithstanding any other law or rule, the Department shall submit a purchase agreement to the Board for approval only if the purchase price exceeds $5 million The Department shall obtain authorization from the Board prior for all acquisitions of interests in land wherein title thereto will vest in the Board.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23,                    .

 

5I-7.013 Multi-Party Acquisitions.

(1) The Department may enter into an acquisition agreement with a cooperating entity, which may consist of a federal agency, another state agency, a water management district, a local government or a nonprofit organization as defined in Section 570.715(5), F.S., for any property that has been authorized for acquisition pursuant to Section 570.71, F.S.

(2) through (3) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23,                    .

 

5I-7.014 Compliance, Monitoring and Enforcement.

(1) through (3) No change.

(4) The Department shall determine the frequency of easement monitoring. All Perpetual Easements shall be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, Rev. 05/24 04/23, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-15425 or by sending a request to: the Florida Department of Agriculture and Consumer Services, Rural and Family Lands Protection Program, 315 South Calhoun Street, Suite 500, Tallahassee, FL 32301-1843 Florida Forest Service, 3125 Conner Boulevard, Suite “J”, Tallahassee, FL 32399-1650.

(5) No change.

(6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with the terms and conditions of the Perpetual Easement.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, 6-12-23,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Natalie Lozano, Rural and Family Lands Protection Program

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 16, 2024