Rule Chapter 9K-8, F.A.C., establishes the Florida Communities Trust (FCT) land acquisition procedures using Florida Forever funds. The proposed changes to Rule Chapter 9K-8, F.A.C., further serve to clarify terminology relating to these land ...

 

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

RULE NO: RULE TITLE
9K-8.002: Definitions
9K-8.004: Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title
9K-8.007: Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price
PURPOSE AND EFFECT: Rule Chapter 9K-8, F.A.C., establishes the Florida Communities Trust (FCT) land acquisition procedures using Florida Forever funds. The proposed changes to Rule Chapter 9K-8, F.A.C., further serve to clarify terminology relating to these land acquisition procedures. 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 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, Tallahassee, Florida, [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 Reccy, 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-8.002 Definitions.

The definitions set forth in Rule 9K-7.002, F.A.C., shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter:

(1) through (4) No change.

(5) “Approved Appraisal” means an Appraisal that has been reviewed and approved by the Trust for use in determining the Maximum Approved Purchase Price that the Trust and the Recipient will pay for property.

(6) “Approved Appraiser” means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate being acquired under this Chapter and whose name is on the current list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection. A copy of the list of Approved Appraisers shall be maintained for public examination in the offices of the Trust.

(7) through (19) 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,             .

 

9K-8.004 Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title.

(1) through (3)(b) No change.

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

1. For a Project Site that consists of ten five 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.

2. For a Project Site that consists of eleven six 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.

3. 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.

(d) No change.

(4) through (5) 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, Amended 2-8-05,________.

 

9K-8.007 Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price.

(1) through (4) No change.

(5) Determination of Maximum Approved Purchase Price.

(a) For purposes of calculating the Trust and the Recipient shares of the purchase price paid for real property, a Maximum Approved Purchase Price shall be determined. The Grant Contract will describe financial participation by the Trust and the Recipient on a percentage basis. The Trust considers that the maximum purchase price in which it will participate shall be the Maximum Approved Purchase Price or purchase price, whichever is less. If the Recipient or its Agent negotiates a purchase price higher than the Maximum Approved Purchase Price, the Recipient shall pay all the purchase price amount over the Maximum Approved Purchase Price, in addition to the Match percentage share of the Maximum Approved Purchase Price.

(b) through (6) 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, 2-8-05,               ________.

 

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

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled “Official Notices.”