Definitions, Application Procedures and Requirements, Ranking, Review and Approval of Priority Acquisition List, Appraisal Procedures, Report Requirements and Determining Maximum Amounts, Closing, Compliance, Monitoring and Enforcement  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Florida Forest Service

    RULE NOS.:RULE TITLES:

    5I-7.002Definitions

    5I-7.004Application Procedures and Requirements

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

    5I-7.009Appraisal Procedures, Report Requirements and Determining Maximum Amounts

    5I-7.012Closing

    5I-7.014Compliance, Monitoring and Enforcement

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 04, January 7, 2015 issue of the Florida Administrative Register.

    The Notice of Proposed Rule incorrectly lists the publish date of the Notice of Rule Development as December 23, 2014. The Notice of Rule Development was published December 24, 2014.

    5I-7.002 Definitions.

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

    (1) through (4) No change.

    (5) “Baseline Documentation Report” means a report used for long term perpetual easement monitoring that documents existing land conditions at the time of execution of the easement, such as surface and minerals ownership, improvements, and land uses. The report also documents conservation values protected by the perpetual easement, including but not limited to agriculture, significant natural areas, water resources, and wildlife habitat.

    (6) through (22) No change.

    Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended               .

     

    5I-7.004 Application Procedures and Requirements.

    (1) through (4) No change.

    (5) Requests for a project boundary modification of currently approved projects for acreage additions or reductions of 15% or less of the total approved project area shall be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new projects.  Should the Committee approve the modification, a new total project acreage would be established.  If the modification will be in excess of 15% of the total approved project area, the landowner must submit a new application.

    (6) No change

    Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended_______.

     

    5I-7.014 Compliance, Monitoring and Enforcement.

    (1) through (2) No change.

    (3) All perpetual easements shall require the landowner to assure all activities adhere to all established applicable Florida Department of Agriculture and Consumer Services Best Management Practices (BMPs) adopted in Rule Chapters 5I, 5L, 5M, F.A.C. or, in the absence of established BMPs, follow established standard industry practices.

    (4) through (6) No change.

    Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended                    .