Rule Chapter 9K-7, F.A.C., establishes the Florida Communities Trust (FCT) project application and selection process and management requirements for land acquisition grants using Florida Forever funds. The proposed changes to Rule Chapter 9K-7, F.A....

 

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

RULE NO: RULE TITLE
9K-7.002: Definitions
9K-7.003: General Requirements and Eligibility Standards
9K-7.004: Submission of Application and Application Materials
9K-7.007: Project Evaluation Criteria
9K-7.008: Ranking and Selection of Applications
9K-7.010: Modification to the Project Boundary
9K-7.011: Preparation and Acceptance of the Management Plan
9K-7.013: Annual Stewardship Report Requirement
PURPOSE AND EFFECT: Rule Chapter 9K-7, F.A.C., establishes the Florida Communities Trust (FCT) project application and selection process and management requirements for land acquisition grants using Florida Forever funds. The proposed changes to Rule Chapter 9K-7, F.A.C., serve to clarify and add definitions, add, delete and modify certain general requirements and eligibility standards, add, delete and modify project evaluation criteria, and modify management plan requirements. The purpose of the program described in this rule chapter is to provide grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, natural resources conservation areas, parks, greenways and outdoor recreation areas to further implementation of their local comprehensive plans.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 380.507(11) FS.
LAW IMPLEMENTED: 259.105, 380.501-.515 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 16, 2007, 2:00 p.m.

PLACE: The Randall Kelley Training Center, Third Floor, Room 305, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100

Any person requiring special accommodation at the hearing because of a disability or physical impairment should contact Ken Reecy, Community Program Manager, Florida Communities Trust, 2555 Shumard Oak Boulevard, [phone], SUNCOM 291-1747, at least seven days before the date of the hearing. If you are hearing or speech impaired, please contact the Department of Community Affairs using the Florida Dual Party Relay System which can be reached at 1(800)955-8770 (Voice) or 1(800)955-9771 (TDD).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Ken Reecy, Community Program Manager, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone], S/C 291-1747

 

THE FULL TEXT OF THE PROPOSED RULES IS:

9K-7.002  Definitions.

(1) through (9) No change.

(10) “Ecological Corridor” means a natural or open space corridor that connects Natural Communities to provide, enhance and protect wildlife habitat and biodiversity.

(11)(10) No change.

(12) “Florida National Scenic Trail” (Florida Trail) means a National Scenic Trail designated by U.S. Congress in 1983.  Primarily a hiking trail, it is a recreational trail, greenway and ecological corridor extending approximately 1,400 miles through the state. The trail is recognized as Florida’s official statewide, non-motorized trail in Section 260.012(6), F.S. The Federal Administrator of the Trail, the USDA Forest Service, assisted by the Florida Trail Association, has identified a proposed route for the trail in the publication "Preferred Routing of the Florida National Scenic Trail”.

(11) through (15) renumbered (13) through (17) No change.

(16) “Inholding” means a parcel(s) that is within or adjacent to publicly owned conservation or recreation lands that when acquired will assist in completing the overall project boundary and improve management of the adjacent publicly owned lands.  The parcel(s) is relatively small in comparison with the overall publicly owned lands.

(17) through (35) renumbered (18) through (36) No change.

(37) “Recreational Trail” means a linear land-based corridor for recreation purposes which may include, but not limited to, bicycling, walking, running, skating, and horseback riding. A Recreational Trail consists of a trail separated from the road and does not include sidewalks or bike lanes on the road.

(38)(36) “Recreational Trail System” means a network of Recreation Trail(s) land-based trails and adjacent support parcels connecting parks, schools, residential and commercial or retail areas for recreation and authorized alternative modes of transportation such as bicycling, walking, running, skating, and horseback riding. A Recreational Trail System shall consist of trail separated from the road with occasional limited use of sidewalks that make critical connections within the system. and shall not include sidewalks or bike lanes on the road.

(37) through (39) renumbered (39) through (41) No change.

(42) “State Designated Paddling Trail” means a mapped paddling trail that has been officially designated by the State Legislature or the Office of Greenways and Trails.

(40) through (43) renumbered (43) through (46) No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS.  History–New 5-27-01, Amended 5-20-02, 2-7-05,________.

 

9K-7.003 General Requirements and Eligibility Standards.

The following constitutes the general procedures for the Florida Forever Program of the Florida Communities Trust.

(1) Application Form.  Application Form FCT-4  (effective______), incorporated herein by reference, FCT-3  (eff. 2-21-05) is prescribed for use with these rules and is incorporated by reference.  Applications for funding must be submitted on Application Form FCT-4 FCT-3. Applicants may only submit one Application Form per Project Site.  A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, or by calling [phone] (SunCom 292-2207).

(2) through (4)(b)  No change.

(5) Current Applications: If any Applicant has three or more active Grant Contracts at the time of the project selection meeting, the Applicant shall not be funded for additional grant Applications until the Applicant has closed out one or more of the active Grant Contracts so that there are no more than two active Grant Contracts one or more of the active Grant Contracts are closed.

(6)  Limitation of Awards.

(a) The total amount of any Award or combination of Awards applied for by any Local Government(s) or Nonprofit Environmental Organization(s) under any Application(s) or Partnership Application(s) for any project(s) shall not exceed ten percent of the total Florida Forever Funds as advertised available for Awards in the Notice of Application Period announcing the cycle. In no case shall any Applicant be awarded more than $10 million during any one cycle.  All award(s) for Partnership Applications shall, for purposes of calculation of award limitations, be divided equally among the Local Government(s) or Nonprofit Environmental Organization(s). or;

(b)  Any Applicant that submits only one application for a preacquired project may apply for up to fifteen percent of the total Florida Forever Funds as advertised available for Awards in the Notice of Application Period announcing the cycle.

(7)  Match Requirement. All Local Governments shall provide a minimum of 25 percent match toward the Project Costs, including:

(a)  Partnership Applications between Local Governments (other than a small Local Government as defined in subparagraph 9K-7.003(7)(4)(c)1., F.A.C., below) and Nonprofit Environmental Organizations shall be required to provide a Match.

(b)  Partnership Applications between two or more Local Governments shall be required to provide a Match unless all of the Local Governments are small Local Governments as defined in subparagraph 9K-7.003(7)(4)(c)1., F.A.C., below.

(c) through (8) No change.

(9)  Site Acquisition. The Acquisition of a Project Site shall take place under one of the following procedures:

(a)  For a Project Site that consists of ten five (5) or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.

(b)  For a Project Site that consists of eleven six (6) or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.

(c) If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.

(10) No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.505-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05,________.

 

9K-7.004 Submission of Application and Application Materials.

(1) through (5)  No change.

(6) All applications must be submitted on Application Form FCT-4 (effective), incorporated herein by reference FCT-3.:

(7)  The following exhibits shall be provided:

(a) through (m) No change.

(n) If the Applicant is a Nonprofit Environmental Organization which anticipates being designated as the management entity pursuant to subsection 9K-7.003(7), F.A.C., evidence that the Nonprofit Environmental Organization has the financial resources, including documentation that they have commitments in an amount equal to ten percent of the project cost to be set aside as a management endowment fund, background qualifications and competence existing to manage the Project Site in perpetuity or in cooperation with a Local Government as outlined in subsection 9K-7.003(7), F.A.C.

(o)  If applicable, a signed statement from the owner(s) of each parcel the top priority parcels referenced in subsection 9K-7.004(7), F.A.C., indicating their willingness to consider an offer to purchase their parcel(s).

(p)  If a Project Site is Pre-acquired, the applicant shall provide copies of a signed closing statement for each Pre-acquired parcel.  If a closing statement is not available at the time of the application submittal then a copy of the contract for each of the Pre-acquired parcels shall be provided and a copy of the closing statements shall be provided within 14 days after the application deadline. Provide a statement that neither condemnation nor the threat of condemnation was used in the purchase of the property.

(8)  No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.508, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05,________.

 

9K-7.007  Project Evaluation Criteria.

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and in Application Form FCT-4 (effective), incorporated herein by reference FCT-3. Trust staff will be responsible for evaluating Applications and recommending point scores to the Governing Board. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application for scoring recommendations to the Governing Board. Personnel from other state agencies, regional planning councils, water management districts, and other public and private groups may assist the Trust staff in project evaluation as requested by Trust staff on an application-by-application basis. Unless otherwise noted, an Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.

(1)  Furtherance of specified general standards (points may be awarded based on the following criteria):

(a)  Designation of Parcels:

1. Partially Pre-acquired. A portion of the Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline (5 points).

(a)2. Pre-acquired. The entire Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline (10 points).

(b)  Phased Project. The proposed project is a continuation of a previous project that was acquired with selected for Trust funding such that it constitutes a Phased Project (5 points).

(c)  Providing a greater share of the Match. The Applicant is committed to:

1.  Provide a Match between 40 percent to 49 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants, a Match between 10 percent and 19 percent of the Project Costs (10 points); or

2.  Provide a Match between 50 percent to 59 54 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants a Match between 20 percent and 29 percent of the Project Costs (20 points); or

3.  Provide a Match for 60 55 percent or more of the Project Costs, or, for small Local Governments as defined in subparagraph 9K-7.003(7)(c)1., F.A.C., and eligible non-profit applicants, a Match for 30 percent or more of the Project Costs (25 points).

(d)  No prior funding. This is the Applicant’s first Application to the Trust, or the Applicant has previously submitted an Application that was either not funded or but was not funded but not acquired (5 points).

(e)  No change.

(f)  Inholdings. The proposed project acquires inholdings within or adjacent to existing publicly owned conservation or recreation lands (5 points).

(g)  Neighborhood access. The project site is accessible by an existing sidewalk or will be connected to an adjacent sidewalk within the next 2 years (5 points).

(2) Furtherance of Outdoor Recreation, natural and cultural resources (points may be awarded based on the following criteria):

(a) through 1.  No change.

2. Provides land-based nature, bike, equestrian or multi-use trails that are at least one-quarter mile in length Provides two (2) or more resource-based Outdoor Recreation facilities, such as a nature trail, picnic pavilion, fishing pier, wildlife observation platform, canoe dock, or camping area (5 points);

3. Provides Outdoor Recreation Facilities such as picnic pavilions, fishing piers, wildlife observation platforms, playgrounds, basketball courts, or volleyball courts;

a.  Provides two or three recreation facilities (5 points); or

b.  Provides four or more recreation facilities (10 points);

Provides two or more user-oriented Outdoor Recreation facilities on the Project Site or on adjacent publicly owned lands within 1,000 feet of the Project Site, such as playgrounds, basketball courts, tennis courts, bocci ball courts, shuffleboard courts, or volleyball courts (5 points);

4.  Provides access facilities to an existing open water a shoreline or beach, such as a fishing pier, observation platform, dock or dune walkover, and managed for recreational uses (5 points);

5.  No change.

a.  No change.

b. Within an Urban Service Area and is also within one-half mile of a built-up commercial, or industrial high density mixed-use Urban Area (5 points);

c. Within an Urban Service Area and is also within a built-up commercial, or high density mixed-use Urban Area (5 points).

(b)  Connectivity  Providing Greenway Systems. The Project Site provides for new or enhanced connections to neighborhoods, recreational opportunities or natural areas ecological corridor or land-based Recreational Trail Systems (points may be awarded based on the following criteria):

1. Will be connected to neighborhoods by an existing or proposed sidewalk(s) Provides new or enhanced land-based nature, bike or equestrian trails that are at least one-quarter mile in length (5 points);

2. The project site is adjacent to or includes a Recreational Trail that Enhances or connects to an existing local, regional or statewide land-based Recreational Trail Systems or the Preferred Routing corridor of the Florida National Scenic Trail (5 points);

3. Enhances or connects existing local, regional or statewide Ecological Corridors network of existing ecological corridors (5 points);

4. Furthers a locally-adopted Ecological Corridor ecological corridors or land-based Recreational Trail System plan (5 points);

5. Enhances a State Designated Paddling Trail by providing facilities, including a paddling trail sign, canoe/kayak launch, and restrooms (5 points).

(c) Providing educational opportunities. The Project Site provides for environmental or historical educational opportunities (points may be awarded based on the following criteria):

1. Provides interpretive kiosk or interpretive signs that educates visitors about the natural environment or unique history of the area Project Site (5 points);

2. through (d)1. No change.

2. Contains a Locally Significant Natural Area as identified by the Florida Natural Areas Inventory habitat identified by the Florida Natural Inventory as a Priority 1 or 2 habitat area as shown on the FNAI Potential Habitat for Rare Species map (5 points);

3. through 4. No change.

(e) Vegetative enhancement Landscaping or restoration. The Project Site provides for new or enhanced landscaping or restoration (points may be awarded based on the following criteria):

1. Invasive exotic vegetation will be removed from the project site Degraded or altered areas on the Project Site will be landscaped with native vegetation (5 points);

2. A significant portion of the uplands area on the Project Site will be planted with native vegetation Degraded or altered upland communities on the Project Site will be restored as a Natural Community (5 points);

3. A significant portion of the wetland area on the Project Site will be planted with native vegetation Degraded or altered wetland communities on the Project Site will be restored as a Natural Community (5 points).

(f) Water quality. The Project Site provides for the protection or enhancement of water quality (points may be awarded based on the following criteria):

1. The proposed project will improve the quality of surface waters or address current flooding problems occurring on, adjacent or in close proximity to the Project Site by installing stormwater facilities that provide wildlife habitat and/or open space in a park like setting (5 points);

2. No change.

3. The proposed Project Site will protect Class I Waters as identified by the Department of Environmental Protection, or the Project Site is located within a locally-designated wellfield protection zone (5 points).

(g) Historical resources. The Project Site protects or enhances enhanced historic resources (points may be awarded based on the following criteria):

1. through 3. No change.

(3) Furtherance of Community Planning (points may be awarded based on the following criteria):

(a) Local Comprehensive Plan. Acquisition of the Project Site will assist the Local Government in furthering the Local Comprehensive Plan directives. When used in this part, the term “furthered” means that proposed project(s) will assist the Local Government in realizing the objectives or policies of the Local Comprehensive Plan. For each criterion that is furthered by an objective or policy of the Local Comprehensive Government Plan, the objective or policy number is to be cited in the response to the criterion and a copy of the objective or policy, and any associated exhibits or documents, shall be included as an exhibit as provided in this rule chapter. If the Project Site is located entirely in one jurisdiction, the Local Comprehensive Plan of the jurisdiction shall be evaluated for scoring purposes. If the Project Site is located in two or more jurisdictions, the Local Comprehensive Plan of either each jurisdiction shall be compared for compatibility and evaluated for scoring purposes and if either jurisdiction’s Local Comprehensive Plan is furthered then points shall be awarded. Points may be awarded based on the following criteria:

1. Provides acreage or outdoor recreational facilities necessary to maintain or improve adopted levels of service standards for recreation or open space (5 points);

2. No change.

3. Provides new or enhanced public access to existing water bodies or saltwater beaches (5 points);

4. Provides for new or enhanced Greenways, Ecological Corridors or Recreational Trail Systems (5 points);

5. No change.

6. Provides for coordination between the Local Government(s) and other federal, state and local agencies or non-profit organizations in managing natural areas or open space or furthering the completion of the Florida National Scenic Trail (5 points);

7. No change.

8. Ensures the protection or enhancement of surface water or groundwater quality by addressing non-point pollution through enhanced stormwater treatment (5 points);

9. through (b)1. No change.

(b) through 1. No change.

2. Is located within an area identified in the County’s adopted Local Mitigation Strategy as a mitigation priority (5 points).

2.3. Provides recreational opportunities or open space areas within a state-designated brownfield “brownfield” area (5 points).

(c) Priority investment areas and special state-designated areas. The Project Site will provide new or enhanced Outdoor Recreation or open space within an identified priority investment area or other special state-designated area targeted for investment or redevelopment (points may be awarded based on the following criteria):

1. Within an area designated as a “Front Porch Community”(10 5 points);

2. Within an area designated as an active “Florida Main Street Community” (10 5 points);

3. Within an area designated as an “Eastward Ho! Corridor” under Executive Order 94-54 (5 points).

3.4. Within an area designated as a current or previously designated “Waterfront Florida Community” (10 5 points);

4.5. Within an area defined as a “Low-Income Community” under Rule 9K-7.002, F.A.C.(10 5 points);

5.6. Within an area designated as a “Rural Area of Critical Economic Concern” (10 5 points);

6.7. Within the boundary of a locally designated Community Redevelopment Area urban infill, urban redevelopment or downtown revitalization area as defined in Section 163.340 163.3164, F.S. (10 5 points);

7.8. Within a designated or previously designated “Area of Critical State Concern” under Section 380.05, F.S. (10 5 points).

9. Within an area subject to an adopted rate of growth ordinance, that has been approved by the Department of Community Affairs (5 points).

10. Within or adjacent to a state or federally designated area, not identified elsewhere in the Application criteria, that is intended to protect or restore natural resources, such as a spring protection zone, the Aquatic Preserve, the National Estuarine Research Reserve National Estuary Program, the Marine Sanctuary, and the American Heritage River boundaries (5 points).

(4) The proposed project furthers and exemplifies “project excellence.” Up to 10 points, based on issues that support the goals of the Trust, but such issues are not adequately addressed by the evaluation criteria established in this rule such as whether the proposed project exhibits strong community-based support, possesses exemplary characteristics, exemplifies regional cooperation between local governments, assists an otherwise disadvantaged community, or voluntarily helps resolve land use conflicts.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05,________.

 

9K-7.008 Ranking and Selection of Applications.

(1) Evaluation Report. After a period for review, not to exceed 120 90 calendar days from the Application deadline, the Trust staff shall prepare a written evaluation report, based on information provided in the Application, to the Governing Board. Staff shall also provide a copy of the evaluation report to the Applicant prior to the Governing Board meeting provided for in subsection 9K-7.008(2), F.A.C.

(2) No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02,________.

 

9K-7.010 Modification to Expand the Project Boundary.

Modifications 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.

(1) through (4) No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05,_________.

 

9K-7.011 Preparation and Acceptance of the Management Plan.

(1) No change.

(2) If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entity stating the managing entity’s willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management.

(3) through (4) renumbered (2) through (3) No change.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05,________.

 

9K-7.013 Annual Stewardship Report Requirement.

(1) through (2)(a)4. No change.

(b) Upon the Trust’s acceptance of the Recipient’s statement of completion, and timely submission of three consecutive stewardship reports that have met the requirements of this rule chapter, the Trust may suspend the stewardship report requirement if the Recipient has demonstrated that the terms and conditions of the Declaration of Restrictive Covenants and the approved Management Plan made are being followed. After suspension of the stewardship report requirement, if the Trust finds that the terms and conditions of the Declaration of Restrictive Covenants are not being followed, the stewardship report requirement shall be reimposed for an additional two years.

Specific Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Reecy, Community Program Manager, Florida Communities Trust

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Thaddeus L. Cohen, Secretary, Department of Community Affairs

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 9, 2006