The Land and Recreation Grants Program proposes amendment of Chapter 62D-5, F.A.C., including sections 62D-5.053 through 62D-5.059, to revise and update definitions, scoring criteria, grant administrative details, and to clarify any ambiguities due ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Recreation and Parks

RULE NOS.:RULE TITLES:

62D-5.053Purpose

62D-5.054Definitions

62D-5.055General Requirements

62D-5.056Application Requirements and Processing

62D-5.057Evaluation Criteria

62D-5.058Grant Administration

62D-5.059Compliance Responsibilities

PURPOSE AND EFFECT: The Land and Recreation Grants Program proposes amendment of Chapter 62D-5, F.A.C., including Rules 62D-5.053 through 62D-5.059, F.A.C., to revise and update definitions, scoring criteria, grant administrative details, and to clarify any ambiguities due to evolving program changes.

SUMMARY: The program rules for Florida Recreation Development Assistance Program have been substantially revised for better flow, and to increase efficacy for grant applicants and award recipients, serving notice of specific requirements, updating references and scoring criteria, and establishing distinctions between acquisition and development projects. Changes to Rule 62D-5.053, F.A.C., were minor grammatical revisions; Rules 62D-5.054 through 62D-5.059, F.A.C., were re-written to refine definitions and incorporate the application form and referenced document; to clarify general requirements; application requirements and processing; evaluation criteria, grant administration, and grantee compliance responsibilities.

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 promulgation of these rule revisions will result in no adverse economic, non-economic, or small business impacts and no increases in regulatory costs.

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: 375.075(2) FS.

LAW IMPLEMENTED: 375.075 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: July 10, 2014, 2:30 p.m.

PLACE: Conference Room 153, Carr Building, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399. The public may also participate by dialing in toll-free at 1(888)670-3525 and entering passcode: 7020742991.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Linda Reeves, 3800 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Reeves, 3800 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62D-5.053 Purpose.

The Florida Department of Environmental Protection (DEP), pursuant to Section 375.075, F.S., is authorized to establish the Florida Recreation Development Assistance Program (FRDAP) to provide Ggrants to qualified Llocal Ggovernmental Eentities to acquire or develop land for Public Outdoor Recreation purposes. The purpose of this part is to set forth procedures to govern the Pprogram.

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.053, Amended__________.

 

(Substantial rewording of Rule 62D-5.054 follows. See Florida Administrative Code for present text.)

 

62D-5.054 Definitions.

The terms used in this part are defined as follows:

(1) “ACQUISITION” means the act of obtaining Real Property or interests and rights thereon for Public Outdoor Recreation purposes in accordance with this part.

(2) “APPLICANT” means a Local Governmental Entity, which submits an Application for FRDAP funds to the Department during an announced Application Submission Period.

(3) “APPLICATION” means a formal request for FRDAP funds by an Applicant consisting of a completed Project Application form with all required documentation, identified as Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station  #585, Tallahassee, FL 32399-3000; by telephone: [phone]; or on the Internet at http://www.dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04218.

(4) “APPLICATION SUBMISSION PERIOD” means the formally announced period of time provided by the Department for the submission of FRDAP Applications by Local Governmental Entities.

(5) “APPROPRIATION” means a sum of money set aside from the Legislative budget for the FRDAP Program.

(6) “CAPITAL IMPROVEMENT PLAN” or “CIP” means that portion of an Applicant’s adopted Local Government Comprehensive Plan, which indicates a schedule of capital improvement Projects, including estimated costs and target dates for completion.

(7) “CASH” means money paid by a Grantee to purchase goods and services from private and independent sources for accomplishment of a FRDAP Project. In-Kind Service Costs are not Cash.

(8) “DEPARTMENT” means the Florida Department of Environmental Protection.

(9) “DEVELOPMENT” means the act of physically improving land to increase its suitability or capacity to serve Public Outdoor Recreation purposes.

(10) “DIRECTOR” means the Director of the Division of Recreation and Parks of the Florida Department of Environmental Protection. 

(11) “DIVISION OF RECREATION AND PARKS” means the Division of Recreation and Parks of the Florida Department of Environmental Protection.

(12) “DIVISION OF STATE LANDS” means the Division of State Lands of the Florida Department of Environmental Protection.

(13) “ESTIMATED PROGRAM FUNDS” means the dollar amount of FRDAP funds estimated by the Department to be available for the subsequent Fiscal Year.

(14) “EVALUATION CRITERIA” means the standards used to evaluate FRDAP Applications.

(15) “FACILITY” means a component that is built, installed or established to serve a particular purpose and is defined in this rule as either a Primary Facility or Support Facility.

(16) “FISCAL YEAR” means the State of Florida Fiscal Year, which is July 1st through June 30th.

(17) “FRDAP” means the Florida Recreation Development Assistance Program.

(18) “FUNDING CYCLE” means the interval of time between the start of a FRDAP Application Submission Period and Appropriation of Project funds by the Florida Legislature.

(19) “GRANT” means FRDAP funds authorized by the Secretary for release to a Grantee for implementation of an approved Project.

(20) “GRANT PERIOD” means the period of time which is July 1st through June 30th of the third year from Appropriation.

(21) “GRANTEE” means a Local Governmental Entity receiving FRDAP funds pursuant to an approved FRDAP Application.

(22) “IN-KIND SERVICE COSTS” means in-house expenses incurred by a Grantee for labor, materials or Grantee-owned and maintained equipment for accomplishment of an approved FRDAP Project.

(23) “LAND VALUE” means the appraised or tax assessed dollar amount of the land used by the Grantee as Match to FRDAP funds, on which there are no existing recreational Facilities.

(24) “LOCAL GOVERNMENT COMPREHENSIVE PLAN” means a plan adopted pursuant to Chapter 163, F.S.

(25) “LOCAL GOVERNMENTAL ENTITY” means a county government, municipality (incorporated city, town or village) or an independent special district of the State of Florida with the legal responsibility for providing Public Outdoor Recreation pursuant to statute or charter.

(26) “LWCF” means the Federal Land and Water Conservation Fund, administered pursuant to Rules 62D-5.068 through 62D-5.074, F.A.C.

(27) “MATCH” means the provision of Cash, In-Kind Service Costs or Land Value in the ratio required by this rule to be added to FRDAP funds by the Grantee for the Project Cost.

(28) “NEEDS” means a deficiency in or a necessity to carry out a predetermined level of recreational service.

(29) “NEW CONSTRUCTION” means the building of new Facilities not previously in existence.

(30) “NON-COMPLIANCE” means failure to comply with the provisions of the FRDAP and LWCF rules or the terms and conditions of the Program’s Project Agreements.

(31) “OUTDOOR RECREATION” means any leisure time activity conducted outdoors.

(32) “PRE-AGREEMENT COSTS” means expenses incurred by a Grantee for accomplishment of an eligible FRDAP Project that have occurred within one year prior to the effective date of the Appropriation by the Legislature.

(33) “PRIMARY FACILITY” means any Facility, which could stand alone and provide Outdoor Recreation.  Range of examples of Primary Facilities are:  beach access, Trailhead, fishing piers, boat ramps, docks, canoe trails, boardwalks, observation towers, ball fields, tennis courts, basketball courts, playgrounds, picnicking, hiking, nature and bike trails or skate Facilities. This excludes enclosed structures such as classrooms, gymnasiums, libraries, meeting rooms or other structures used for indoor activities. 

(34) “PRIORITY LIST” means a list that contains all eligible Applications, which is organized sequentially by point score.

(35) “PROGRAM” means the Florida Recreation Development Assistance Program (“FRDAP”). The Application Packet and forms used in the FRDAP Program, as listed in subsection 62D-5.055(7), F.A.C., are available by contacting: Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, FL 32399-3000; by telephone: [phone]; or on the Internet at http://www.dep.state.fl.us/parks/oirs/ or https://www.flrules.org/. 

(36) “PROJECT” means the Acquisition of land or Development of Real Property for New Construction or Renovation of existing Primary Facilities and Support Facilities to be accomplished with Grant funds and Match.

(37) “PROJECT AGREEMENT” means an executed contract between the Department and a Grantee setting forth mutual obligations regarding an approved FRDAP Project.

(38) “PROJECT CLOSE-OUT” means all completion documentation has been received and approved by the Department prior to May 30th, which is 35 months from July 1st.

(39) “PROJECT COMPLETION” means April 30th, which is 34 months from July 1st, by which time a Grantee must complete an approved FRDAP Project, incur all Grant related expenses, and be open to the Public.

(40) “PROJECT COST” means the total of a FRDAP Grant award and required Match.

(41) “PROJECT ELEMENT” means an identified permanent Facility or enhancement owned by the Grantee within a Project Site. Lease-to-own or rental Facilities or enhancements are ineligible.

(42) "PROJECT SITE” means the specific area, and boundaries thereof, as shown by a boundary survey and stated in a legal description, for which FRDAP funds are used to acquire or develop.

(43) “PUBLIC” means not restricted to a particular group or category of participants; open to and shared by all.

(44) “REAL PROPERTY” means land and improvements attached or affixed to the land.

(45) “RECREATIONAL TRAIL” means a linear corridor and any adjacent support parcels of land or water providing Public access for recreation or authorized alternative modes of transportation.

(46) “REDI” means rural communities eligible to request a waiver per “Rural Economic Development Initiative” as described in Section 288.0656, F.S.

(47) “RENOVATION” means enhancement, repair, replacement or restoration of existing Facilities, which have deteriorated due to natural causes to the point where the usefulness is impaired, to an improved state suitable for Public use.

(48) “RTP” means the Recreational Trails Program of the Office of Greenways and Trails, administered pursuant to Chapter 62S-2, F.A.C.

(49) “SCORP” means the Statewide Comprehensive Outdoor Recreation Plan for the State of Florida, prepared under Section 375.021, F.S., effective December 31, 2013 through December 31, 2018. The SCORP is hereby adopted and incorporated by reference, and a copy may be obtained from the Office of Park Planning, Division of Recreation Parks, 3900 Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida 32399-3000, or on the Internet at http://www.dep.state.fl.us/parks/outdoor/scorp.htm or http://www.flrules.org/gateway/reference.asp?No=Ref-04217.

(50) “SECRETARY” means the Secretary of the Florida Department of Environmental Protection.

(51) “SUPPORT FACILITY” means a Facility, which could not stand alone or which would have little or no Public Outdoor Recreational value without the Primary Facility. Examples of Support Facilities are:  parking lots, restrooms, bathhouses, combined restroom-concession stand buildings, access roads, walkways, landscaping, security lighting and fencing.

(52) “Trailhead” means a point of access to a trail which is accessible from a Public road, or from within a park or Project Site, and has signage and available parking. A Trailhead may also have restrooms and potable water. 

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.054, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,___________.

 

(Substantial rewording of Rule 62D-5.055 follows. See Florida Administrative Code for present text.)

 

62D-5.055 General Requirements.

General requirements for the Program include the following:

(1) ELIGIBLE APPLICANTS. All Local Governmental Entities with the legal responsibility, by statute or charter, for providing Outdoor Recreational sites and Facilities for the use and benefit of the Public, that submit FRDAP Applications during the Application Submission Period and meet all other requirements of the Program pursuant to Section 375.075, F.S., and applicable rules.

(2) PROJECT ELIGIBILITY. In order to be eligible for a Grant, a Project must meet the criteria in paragraphs (a) through (e), below. A Project is ineligible for a Grant if any of the criteria in paragraph (f), below, are met.

(a) Outdoor Recreation: FRDAP Grants will only be awarded to Grantees for Projects that are for the sole purpose of providing Outdoor Recreational opportunities to the Public.

(b) Eligible Site: The site of a FRDAP Development Project must be owned by the Applicant or must be under lease to the Applicant for a period of time before the closing date of the Application Submission Period sufficient to satisfy the dedication period required by this rule. The Project Site location must not be changed after the close of the Application Submission Period. The Project Site must be one contiguous parcel, except for sandy beach access sites. Other forms of Real Property interest will be considered if the Applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time specified by this rule. The Project Site control verification must be received by the close of the Application Submission Period, as required by subsection 62D-5.056(2), and the Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C. Eligible sites must be dedicated or managed for Public recreational use pursuant to subsection 62D-5.059(1), F.A.C. 

(c) Number of Applications: An Applicant must submit no more than two Applications during each Application Submission Period.

(d) Active Projects: A local government may not have more than three active Projects expending Grant funds during any state Fiscal Year. A Grantee with two active FRDAP Projects by the closing date of an Application Submission Period will only be eligible to submit one additional Application. 

(e) Duplication of Facilities: An Applicant must not submit Applications to seek funding under FRDAP, RTP, or LWCF in concurrent or overlapping Funding Cycles for the same Facility or any part of the same Facility.

(f) Ineligibility: Any of the following criteria will cause the Project to be deemed ineligible: 

1. A Project Site has documented and unresolved environmental violations.

2. A Project Site or Facility does not receive a minimum number of 50 points, as determined under Evaluation Criteria, Rule 62D-5.057, F.A.C.

3 .Support Facility costs are over 50% of the total Project Cost. 

4. A Project Site is a school board property, whether owned or leased, and privately or publicly held.

5. A Project Site includes non-contiguous properties, except for sandy beach access sites.

(3) APPLICATION SUBMISSION PERIOD. The Department will accept Applications postmarked on or before the last day of the Application Submission Period as noticed in the Florida Administrative Register, which is available at Florida libraries and online at http://dep.state.fl.us/parks/oirs/ or https://www.flrules.org/.

(4) MAXIMUM GRANT REQUEST. The maximum amount for any Project Application is $200,000 as provided by Section 375.075 (3), F.S. 

(5) PHASED PROJECTS. If a Project is approved to be constructed in phases, construction of a subsequent phase must not impede Public access to previously completed Facilities.  If a Facility is not open to the Public upon completion, a Grantee will be deemed Non-Compliant under subsection 62D-5.059(4), F.A.C. 

(6) MATCH REQUIREMENTS. Match requirements for FRDAP Grants are set forth below:

(a) Match Ratios. The following Match ratios apply:

Total Project CostState ShareGrantee Share

$50,000 or less 100%                                          0

$50,001-150,000 75%                                          25%

Over $150,000 50%                                          50%

(b) Eligible Match Types. A Grantee must utilize the following types of Match sources for the Grantee share:

1. Cash.

2. In-Kind Service Costs.

3. Land Value.

4. Rural Economic Development Initiative (REDI).

(c) Ineligible Match Sources. 

1. Land Value of property, if acquired with FRDAP or other state and federal Grant funds, such as: LWCF, RTP, Florida Communities Trust, Land Acquisition Trust Fund, Florida Forever or its successor program.

2. Volunteer labor, inmate labor, or donated materials for In-Kind Service Costs.

(7) PROGRAM FORMS. The following forms will be used for the application and administration of the Program, as defined in subsection 62D-5.054(35), F.A.C., where contact information is available:

(a) The Applicant shall submit the information to the Department using Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04218.

(b) The Grantee shall determine readiness to seek Department authorization for commencement of construction or land acquisition based upon submission of documentation listed on Commencement Documentation Checklist, Form OoO-A034, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04219. 

(c) The Grantee shall certify to the Department that all applicable site and construction standards, plans, and specifications have been met in accordance with the law using Commencement Certification, Form OoO-A035, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04221.

(d) The Grantee shall determine its compliance with close-out documentation requirements by using Completion Documentation Checklist, Form OoO-A036, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04222. 

(e) The Grantee shall certify Project Completion to the Department using Project Completion Certification, Form OoO-A037, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04225.

(f) The Grantee shall record a public notice of use and dedication, pursuant to Subsection 62D-5.059(1), F.A.C. , using Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04228.

(g) The Grantee shall report actual costs to the Department using Actual Cost Contract Payment Request, Form OoO-A039, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04229.

(h) The Grantee shall report work performed by private or independent contractors to the Department using Contractual Services Purchases Schedule, Form OoO-A040, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04230.

(i) The Grantee shall report salaries and wages paid to employees to the Department using Grantee Labor Cost Schedule, Form OoO-A041, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04231. 

(j) The Grantee shall report purchases of materials and supplies to the Department using Direct Material Purchases Schedule, Form OoO-A042, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04232.

(k) The Grantee shall report stock or inventory materials or supplies to the Department using Grantee Stock Material Cost Schedule, Form OoO-A043, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04233. 

(l) The Grantee shall report rental or use costs of equipment to the Department using Grantee Equipment Cost Schedule, Form OoO-A044, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04234.

(m) The Grantee shall report to the Department in accordance with paragraph 62D-5.058(3)(c), F.A.C., about status of work accomplished using Project Status Report, Form OoO-A046, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04235.

(n) The Grantee shall access Florida’s Outdoor Recreation Inventory, Form OoO-A056, effective [date], hereby adopted and incorporated by reference, to fill in, print and mail, and e-mail details of the completed Project. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/, http://www.flrules.org/Gateway/reference.asp?No=Ref-04236 or http://webapps.dep.state.fl.us/DrpOrpcr/outdoorRecreationInventory.do/.

(o) The Grantee shall determine whether all pre-reimbursement standards have been met using Reimbursement Request Checklist, Form OoO-A057, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04237. 

(p) The Grantee shall review and follow the procedures found in Financial Reporting Procedures, Form OoO-A058, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04238.

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.055, Amended 8-13-98, 7-5-01,__________.

 

(Substantial rewording of Rule 62D-5.056 follows. See Florida Administrative Code for present text.)

 

62D-5.056 Application Requirements and Processing Procedures.

The Department will approve Applications for Program Grants in order of priority until all Program funds are depleted under the following standards and criteria:

(1) APPLICATION FORM. All Applications must be submitted using the Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C.

(2) ELIGIBILITY DETERMINATION. Following closure of an Application Submission Period, the Department will determine the eligibility of each Applicant based on the following:

(a) Applications received by the closing date of the Application Submission Period will be reviewed and evaluated for Program eligibility by the Department based on the materials submitted. Applicants will be notified of the timely receipt and status of their Application(s).

(b) No additional information will be accepted after closure of the Application Submission Period, unless specifically requested by the Department for clarification of information provided in the Application.

(3) UNSETTLED CLAIMS AND DISQUALIFICATION. The Department will deny or suspend Program eligibility of any Applicant or Grantee against which the Department has an unsettled financial claim or which has been deemed non-compliant under subsection 62D-5.059(4), F.A.C.

(4) APPLICATION EVALUATION. Each eligible Application will be evaluated on the basis of the information provided in the Application and in accordance with this part. Each Application will be assigned a total point score pursuant to the recommended Applicant Priority List, paragraph 62D-5.056(7)(b), F.A.C., and Evaluation Criteria, Rule 62D-5.057, F.A.C.

(5) PRIORITY LIST APPROVAL. The Secretary or designated representative will approve Applications to the extent of Estimated Program Funds, based on a Program review of the recommended Application Priority List, which is established pursuant to Rules 62D-5.056 and 62D-5.057, F.A.C. The Secretary or designee will approve the final Application Priority List, which will then be submitted to the Executive Office of the Governor, and to the House and Senate Appropriations Committees, for funding consideration for the subsequent Fiscal Year.

(6) DISTRIBUTION OF PROGRAM FUNDS. FRDAP funds are distributed as reimbursement Grants by the Department on a Project-by-Project basis to Applicants eligible under this part. The Department's performance and obligation to award FRDAP Grants is contingent upon an annual Appropriation by the Florida Legislature for the subsequent Fiscal Year for this purpose.

(7) RECOMMENDED APPLICANT PRIORITY LIST. The list will be determined by the following procedures.

(a) Eligible Project Applications will be divided into four categories (large Acquisition, small Acquisition, large Development, and small Development) and evaluated according to Rule 62D-5.057, F.A.C. 

(b) Upon evaluation of each Application under Rules 62D-5.055 and 62D-5.057, F.A.C., a total point score will be assigned to each Application. The Department will prepare a Priority List for each category. Applications will be ranked on the Priority List according to assigned point scores. The Application with the highest score will receive the highest priority. The remaining Applications will be arranged in descending order according to their assigned point scores. Applications scoring below the minimum points, established pursuant to subparagraph 62D-5.055(2)(f)2., F.A.C., must not be placed on the Priority List. The Priority List will include recommendations for distribution of available Program funds.

(c) For each Funding Cycle, the Department will divide the Estimated Program Funds into two funds: Small Projects Fund and Large Projects Fund. The percentage of the Estimated Program Funds that are allocated to each fund is determined by total dollar amount requested by Applicants in that fund and then divided by total dollar amount requested by all Applicants in accordance with the following:

1. The Small Projects Fund consists of the dollar amount of eligible Applications proposing Projects that do not exceed $50,000 in Project Cost, divided by the total dollar amount requested by all eligible Program Applications.

2. The Large Projects Fund consists of the dollar amount of eligible Applications proposing Projects that exceed $50,000 in Project Cost, divided by the total dollar amount requested by all eligible Program Applications.

(d) The Estimated Program Funds assigned to each fund, established pursuant to paragraph 62D-5.056(7)(c), F.A.C., will be divided into two categories: Acquisition and Development. The funding amount assigned to each category is based on the total dollar amount requested by all eligible Project Applications for each fund.

(e) A Grantee must complete partially funded Projects, as submitted, or decline the Grant entirely. In the event there are insufficient funds to provide for a viable Project, and the Applicant declines those funds, the Department may recommend that those unallocated funds be offered to other Applicants.  Unallocated amounts will revert back to the revenue source from which the funding was appropriated.

(8) TIE-BREAKER SYSTEM. If two or more Applications receive the same score as a result of evaluation pursuant to Rule 62D-5.057, F.A.C., the tie-breaker system will be used to decide the priority ranking among them. Tied Applications will be evaluated and assigned priority ranking according to the following two-step ranking system:

(a) Step One – Per Capita Funding History. An order of priority among those Applications with equal scores will be established based upon the per capita amount of funds received by the Applicant through FRDAP during the previous five Fiscal Years. The Applicant that received the lowest per capita amount of Program funds will receive the highest priority. Other Applications will be arranged in descending order, related inversely to the per capita amount of Program funds each Applicant has received. The current resident population within the Applicant's jurisdictional boundaries will be utilized to compute the per capita amount of funds each Applicant has received.

(b) Step Two – Per Capita Operating Budget. The Applicant with the lowest per capita expenditure of general operating funds receives the highest priority. Then, the current resident population within the Applicant's jurisdictional boundaries, as determined in Step One, will be divided into the Applicant's current Fiscal Year total general operating budget to obtain the per capita operating fund amount.

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.056, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,___________.

 

(Substantial rewording of Rule 62D-5.057 follows. See Florida Administrative Code for present text.)

 

62D-5.057 Evaluation Criteria.

Pursuant to paragraph 62D-5.056(7)(b), F.A.C., a total point score will be assigned to each eligible Application after an evaluation according to the Application criteria, as follows:

(1) GENERAL CRITERIA.

(a) CAPITAL IMPROVEMENT PLAN (“CIP”).

1. The Project implements the Applicant’s adopted Local Government Comprehensive Plan and is included in the CIP or schedule during the current or next three (3) years.	10 points
Or
2. The Project is included as part of the Local Government Comprehensive Plan through an adopted resolution committing the Applicant to amend their CIP and complete the Project should it receive Program funds.	5 points

(b) STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN.

The Project addresses one or more issues, goals, or recommendations as identified in the current SCORP.

7 points

(c) PUBLIC PARTICIPATION. The Applicant obtained Public participation through the following methods (12 points maximum):

1. The Applicant held a pre-advertised Public meeting to discuss the proposed Project.	8 points
2. The Applicant discussed the proposed Project at a meeting of an advisory board or community organization that is related to recreation or a meeting of a neighborhood association that is substantially affected by the proposed Project.	4 points

(d) OPERATION AND MAINTENANCE. The Applicant has the capability to operate and maintain the Project by demonstrating:

1. The Applicant has full-time staff to provide for Project operations and maintenance.	6 points
Or
2. The Applicant has provided proof of their ability to operate and maintain the Project.	3 points

(e) PARK PARTNERSHIP. 

The Project is supported through a written cooperative agreement between the Applicant and an individual or entity, either private or Public, other than those programs listed in subparagraph 62D-5.057(2)(a)1., F.A.C., below, which agrees to furnish 10% or more of the Cash, land, materials, or labor services for the Project.

5 points

(2) DEVELOPMENT CRITERIA.

(a) PROJECT SITE.

1. Project Site was acquired in part or in whole by funding from either the Florida Communities Trust, FRDAP, LWCF, or other state and federal land acquisition programs.	5 points
2. The Project provides for a new park on an entirely undeveloped or conservation property.	5 points

(b) TRAIL CONNECTIVITY. 

The Project would provide for increased trail access by connecting to an existing, publicly-owned, and designated Recreational Trail outside the Project boundary.

5 points

(c) GREEN INITIATIVE.

The proposed Project provides environmental education or a significant, positive effect on the environment, as designated by green initiatives such as protecting or enhancing water conservation, wildlife habitat, recycling efforts, or energy conservation.

8 points

(d) FACILITIES.

1. The Project provides new Primary Facilities, Renovations and/or enhancements to the Project Site.
a. Three or more Primary Facilities and/or enhancements	15 points
b. Two Primary Facilities and/or enhancements	10 points
c. One Primary Facility and/or enhancement	5 points
2. The Project provides new, Renovated and/or enhanced Support Facilities:
a. Restrooms	10 points
b. Other Support Facilities	5 points

(3) ACQUISITION CRITERIA.

(a) PROJECT SITE. 

Applicant has obtained a willing landowner-seller letter or statement for all parcels intended to be purchased with FRDAP funds or a publicly recorded deed for pre-acquired Real Property.

5 points

(b) OUTDOOR RECREATION.

The proposed Acquisition would provide property adjacent to existing parks and/or greenways that will be developed to increase the number or variety of Outdoor Recreation opportunities.

8 points

(c) NATURAL RESOURCES.

1. The proposed Acquisition would provide land protection or preservation of a sensitive natural habitat or significant natural resource.	8 points
2. The proposed Acquisition would provide or increase Public access and use of a natural water resource.	8 points
3. The proposed Acquisition would protect natural resources that are threatened with Development or destruction by private ownership.	8 points

(d) CULTURAL RESOURCES.

The proposed Acquisition has been identified as either an archeological site or a site of historic and/or cultural importance.

8 points

(e) COMPREHENSIVE PLAN. Pursuant to the Applicant’s adopted recreation element from the Applicant’s Local Government Comprehensive Plan, provide information that identifies whether or not the Applicant is deficient in recreational acres needed. 

Acreage Needed

10 points

(f) CAPITAL IMPROVEMENT PLAN (“CIP”).

1. The Applicant has identified the Development of the Project in the Applicant’s adopted Local Government Comprehensive Plan and is included in the CIP or schedule during the current year or following three (3) years.	6 points
Or
2. The Applicant has identified the Development of the Project and is included as part of the Local Government Comprehensive Plan through an adopted resolution committing the Applicant to amend their CIP and complete the Project should it receive Program funds.	3 points

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075(2) FS. History–New 12-10-90, Formerly 16D-5.057, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,__________.

 

(Substantial rewording of Rule 62D-5.058 follows. See Florida Administrative Code for present text.)

 

62D-5.058 Grant Administration.

The following constitutes procedures for administration of the Grant Program:

(1) PROJECT AGREEMENT. After the Legislature appropriates FRDAP funds, the Department and the Grantee will enter into a Project Agreement, which sets forth the legal responsibilities and duties of each regarding administration of the approved Project. The Project Agreement will contain terms and conditions particular to each Project. Project Agreements are not transferable or assignable.

(2) PAYMENT BASIS. Grantees will be paid Program funds by the Department subject to the following conditions:

(a) Project Costs.  Payment of Project Costs will be reimbursed as provided for in this rule and in the Project Agreement. Costs must be incurred between the effective date of the Project Agreement and the Project Agreement completion date, except for Pre-Agreement Costs. If the total cost of the Project exceeds the Grant amount and the required Match, the Grantee must pay the excess cost.

(b) Pre-Agreement Costs. Expenses within the definition of Pre-Agreement Costs, subsection 62D-5.054(32), F.A.C., may be eligible for reimbursement, in whole or in part, provided that the costs meet the requirements of Financial Reporting Procedures, Form OoO-A058, effective [date], incorporated by reference in paragraph 62D-5.055(7)(p), F.A.C.

(c) Cost Limits.  Project planning expenses, such as Application preparation and consultant fees, are eligible Project Costs provided that such costs do not exceed five (5) percent of the total Project Cost. Architectural, engineering, permitting, and other similar fees are eligible Project Costs, provided that costs for such fees do not exceed ten (10) percent of the total Project Cost.

(d) Retainage. The Department will retain ten (10) percent of the Grant amount until the Grantee completes the Project and the Department approves all completion documentation set forth in paragraph 62D-5.058(5)(f), F.A.C., for Acquisition Projects, and paragraph 62D-5.058(6)(c), F.A.C., for Development Projects.

(3) ACCOUNTABILITY. The following procedures will govern the accountability of Program funds:

(a) Accounting System. Each Grantee must maintain an accounting system, which meets the standards of generally accepted accounting principles and must maintain financial records to properly account for all Program funds and Match.

(b) Financial Reporting Procedures. The Grantee must ensure compliance with the requirements of the Financial Reporting Procedures, Form OoO-A058, effective [date], incorporated by reference in paragraph 62D-5.055(7)(p), F.A.C.

(c) Status Reports. The Grantee must submit to the Department signed Project Status Reports with photographs attached, every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and any information requested by the Department, using the Project Status Report, Form OoO-A046, effective [date], incorporated by reference in paragraph 62D-5.055(7)(m), F.A.C.

(4) REVERTED PROJECT FUNDS. Any FRDAP funds remaining after termination of a Grant award or Grantee completion of a Project will revert back to the revenue source from which the funding was appropriated.

(5) ACQUISITION PROJECTS. The following constitutes the specific procedures for administration of Acquisition Projects:

(a) Purchase Period. The Grantee will have up to one year from the effective date of the Project Agreement to purchase the property. The Department will extend this Acquisition deadline at the written request of the Grantee for good cause, such as financial hardship, Public controversy, or other factors beyond Grantee's control. However, extensions must not extend beyond 60 days before the end of the Grant Period; if the Acquisition is not completed by 60 days before the closing date of the Grant period, the funds will revert back to the revenue source from which the funding was appropriated.

(b) Ownership. Title to land acquired with Program funds will vest with the Grantee.

(c) Procurement. The Grantee must purchase the property according to its adopted Acquisition methods.

(d) Assumption of Title. The Grantee will not be reimbursed for purchase of the property until the Project Agreement is fully executed and the Department approves the commencement documentation, unless the purchase otherwise meets the definition of Pre-Agreement Costs.

(e) Commencement Documentation. Prior to commencement of the Acquisition, the Grantee must submit for written approval the documentation described in the Commencement Documentation Checklist, Form OoO-A034, effective [date], incorporated by reference in paragraph 62D-5.055(7)(b), F.A.C. Applicants that have undertaken Acquisition of Real Property and plan to submit for reimbursement as Pre-Agreement Costs must also submit the required documentation above.

1. Appraisal. Prior to the Department authorizing the Grantee to commence the Acquisition, the Grantee must submit to the Department an appraisal(s), prepared in accordance with the Uniform Standards of Professional Appraisal Practices (USPAP), which establishes the fair market value of the Project Site, and which standards are hereby incorporated by reference from subsection 18-1.002(29), F.A.C., which may be obtained on the Internet from http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm or https://www.flrules.org/. 

a. If the property is $1,000,000 or less in appraised value, one appraisal is required. If the property exceeds $1,000,000 in appraised value, two appraisals are required. If appraised value is less than the Grant amount, Grantee will only be reimbursed for appraised value plus any additional costs associated with the actual Acquisition not to exceed the amount of the Grant and Match.

b. The appraisal(s) must be dated no earlier than six months prior to the closing date of the Application Submission Period and must be prepared by an appraiser on the list of approved appraisers maintained by the Department's Division of State Lands under the provisions of Sections 253.025(6)(b), F.S., 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers must be obtained from the Department’s Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station #110, Tallahassee, Florida, 32399-3000, [phone], or on its website at: http://dep.state.fl.us/lands/appraisal_list.htm. If two appraisals are required for the Project, the lower of the approved appraised values is the basis of determining Acquisition cost for Program purposes.

2. Boundary Survey. For all Acquisition Projects, the Grantee must submit to the Department a survey of the Project Site. The survey must meet all of the following requirements:

a. Provide a legal description and sketch of the property’s boundaries;

b. Display known easements and encroachments, if any;

c. Be legally sufficient to identify the site;

d. Be dated no earlier than one year before the closing date of the Application Submission Period; and

e. Be signed and sealed by a professional surveyor and mapper licensed under the provisions of Chapter 472, F.S. 

3. Title. The Grantee must submit to the Department a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion must cover the 30-year period prior to the closing date of the Application Submission Period.

(f) Completion Documentation. Upon completion of an Acquisition and prior to release of the final payment, the Grantee must submit all documentation described in the Completion Documentation Checklist, Form OoO-A036, effective [date], incorporated by reference in paragraph 62D-5.055(7)(d), F.A.C. The Grantee must have submitted all completion documentation by Project Close-Out.

1. Project Completion Certification.  The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C.

2. Florida’s Outdoor Recreation Inventory. The Grantee must submit the Outdoor Recreation Planning Inventory Facility Form, Form OoO-A056, effective [date], describing the entire park, incorporated by reference in paragraph 62D-5.055(7)(n), F.A.C.

3. Photographs.  The Grantee must submit photographs of the property and the acknowledgement sign or plaque crediting both the Department and FRDAP.

4. Notice of Limitation of Use and Site Dedication. The Grantee must submit certification that the Notice of Limitation of Use and Site Dedication has been recorded in the official records of the county in which the property is located. Recording must include a legal description, boundary map or survey, and the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in paragraph 62D-5.055(7)(f), F.A.C.

5. Final Payment Request. The Grantee must submit all applicable reimbursement forms with all information completed on each form pursuant to the Financial Reporting Procedures, Form OoO-A058, effective [date]. All completion documents must be received and approved by the Department prior to the release of the final reimbursement.

6. Evidence of Title. The Grantee must submit a recorded copy of the deed.

7. Buyer-Seller Statement. The Grantee must submit a copy of the buyer-seller financial closing statement.

8. Timeline. The Grantee must submit a three-year timeline for the Development of the Facilities identified in the Project Agreement.

(g) Site Development of Acquired Land. In accordance with paragraph 62D-5.058(5)(f), F.A.C., the Grantee will have up to three years to develop the property from the completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C. If the Project is not developed within the three years, the Department will deem the Grantee Non-Compliant, as required by subsection 62D-5.059(4), F.A.C. The Grantee must provide the following documentation upon completion of the Development of the Facilities identified in the Project Agreement:

1. Project Completion Certification. The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C. The Grantee must comply with all federal, state, and local regulations, rules, and ordinances in developing this Project.

2. As Built Site Plan. The Grantee must submit a final “as built” site plan that is signed, sealed, and dated by a certified engineer, surveyor, or architect, and signed by the Grantee. The Grantee must color code and label current Project Elements and/or any phases of the project.

3. Photographs. The Grantee must submit photographs of the completed Project Elements and the acknowledgement sign or plaque crediting both the Department and FRDAP.

(6) DEVELOPMENT PROJECTS. The following constitutes the specific procedures for administration of Development Projects:

(a) Development Period. Project Completion must be accomplished prior to 60 days before the end of the Grant Period. If the Project is not completed by the Project Completion date, the Project Agreement will be terminated and at the end of the Grant Period, the Project funds will revert back to the revenue source from which the funding was appropriated.

(b) Commencement Documentation. Prior to commencement of Project construction, the Grantee must submit for written approval the documentation described in the Commencement Documentation Checklist, Form OoO-A034, effective [date], incorporated by reference in paragraph 62D-5.055(7)(b), F.A.C. Applicants that have undertaken Development of Real Property and plan to submit for reimbursement as Pre-Agreement Costs must also submit the above required documentation.

1. Site Plan. The Grantee must submit a professional graphic document of the proposed Development, which must be signed and dated by the Project liaison that shows the location of all existing and proposed buildings, Facilities, and other improvements. The Grantee must color code and label existing Project Elements and/or any phases on the site plan.

2. Commencement Certification. The Grantee must submit to the Department the Commencement Certification, Form OoO-A035, effective [date], incorporated by reference in paragraph 62D-5.055(7)(c), F.A.C.

3. Boundary Survey. The Grantee must submit to the Department a boundary survey of the Project Site. The boundary survey must:

a. Provide a legal description and sketch of the property’s boundaries;

b. Display known easements and encroachments, if any;

c. Be legally sufficient to identify the site; and

d. Be signed and sealed by a professional surveyor and mapper licensed under the provisions of Chapter 472, F.S.

4. Title.  The Grantee must submit to the Department a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion must cover the 30-year period prior to the closing date of the Application Submission Period.

5. Land Value Match. If the Grantee uses Land Value as Match, the Grantee must submit the tax assessed dollar amount or an appraisal prepared to establish the fair market value of the land. 

a. Prior to the Department authorizing the Grantee to commence construction of a Project utilizing Land Value as Match, the Grantee must submit to the Department an appraisal that must be prepared in accordance with the Uniform Standards of Professional Appraisal Practices (USPAP), which establishes the fair market value of the Project Site, and which standards are hereby incorporated by reference from Rule 18-1.002, F.A.C., which may be obtained on the Internet from http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm or https://www.flrules.org/. The fair market value of the Project Site must be based on its highest and best use. 

b. The appraisal must be dated no earlier than one year prior to the closing date of the Application Submission Period and must be prepared by an appraiser on the list of approved appraisers maintained by the Department's Division of State Lands. The list of approved appraisers must be obtained from the Department’s Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station #110, Tallahassee, Florida, 32399-3000, [phone] or on the Internet at http://www.dep.state.fl.us/lands/appraisal_list.htm.

c. In lieu of obtaining an appraisal to establish the site's fair market value, the Grantee may use the tax assessed value of the Project Site supported by documentation of the current tax assessed value from the County Property Appraiser.

d. Approved fair market value or tax assessed value not used by the Grantee for a Match on an approved Project may be used as Matching funds on a subsequent approved Project within two years after the Secretary’s approval of the initial Project, and the Grantee need not obtain a new appraisal or documentation of Land Value. Such use is limited to one additional Project.

(c) Completion Documentation. Upon completion of the Project and prior to release of the final payment, the Grantee must submit all documentation described in the Completion Documentation Checklist, Form OoO-A036, effective [date], incorporated by reference in paragraph 62D-5.055(7)(d), F.A.C. The Grantee must have submitted all completion documentation by Project Close-Out.

1. Project Completion Certification. The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C. The Grantee must comply with all federal, state, and local regulations, rules, and ordinances in developing this Project.

2. As Built Site Plan. The Grantee must submit a final “as built” site plan that is signed, sealed, and dated by a certified engineer, surveyor, or architect. The Grantee must color code and label existing Facilities, current Project Elements, and/or any phases.

3. Florida Recreation Resource and Facility Inventory Form. The Grantee must submit Florida’s Outdoor Recreation Inventory, Form OoO-A056, effective [date], describing the entire park, incorporated by reference in paragraph 62D-5.055(7)(n), F.A.C. 

4. Photographs. The Grantee must submit color photographs of all completed Project Elements and the acknowledgement sign or plaque crediting both the Department and FRDAP.

5. Notice of Limitation of Use and Site Dedication. The Grantee must submit certification that the Notice of Limitation of Use and Site Dedication has been recorded in the official records of the county in which the property is located. Recording must include a legal description, boundary map or survey, and the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in paragraph 62D-5.055(7)(f), F.A.C.

6. Final Payment Request. The Grantee must submit all applicable reimbursement forms with all information completed on each form pursuant to the Financial Reporting Procedures, Form OoO-A058, effective [date], incorporated by reference at paragraph 62D-5.055(7)(p), F.A.C. Ten (10) percent of the total Grant amount will be held as retainage until final inspection has been completed. The Project must be completely closed out and all completion documents approved by the Department prior to the release of the final reimbursement.

(d) Inspections. The Department will have the right to perform an on-site inspection of the Project Site to ensure compliance with the Project Agreement prior to release of the final Grant payment.

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.058, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,_________.

 

(Substantial rewording of Rule 62D-5.059 follows. See Florida Administrative Code for present text.)

 

62D-5.059 Compliance Responsibilities.

The following constitutes the general requirements for Program compliance:

(1) SITE DEDICATION. Land owned by the Grantee, which is developed or acquired with FRDAP funds, must be dedicated in perpetuity as an Outdoor Recreational site for the use and benefit of the Public. Land under control other than by ownership of the Grantee, such as by lease, must be dedicated as an Outdoor Recreation area for the use and benefit of the Public for a minimum period of 25 years from the completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C. The dedication must be recorded by the Grantee in the official records of the county in which the property lies, pursuant to the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in paragraph 62D-5.055(7)(f), F.A.C.

(2) MANAGEMENT OF PROJECT SITES. The Department may perform site inspections to ensure that Facilities on Project Sites developed with FRDAP funds are being operated and maintained for Outdoor Recreation purposes for a minimum period of 25 years from the Project Completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C.  All Project Sites must be open to the Public at reasonable times and must be managed in a safe and attractive manner.

(3) CONVERSION. If a Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., converts all or part of the Project Site to other than Public Outdoor Recreational uses, the Grantee must replace the area, Facilities, resource, or site at its own expense with a Project of comparable scope and quality, or refund the full amount of the Grant plus interest based on the current prime rate accruing from the time of notification of Non-Compliance.

(4) NON-COMPLIANCE. If the Grantee fails to comply with the provisions of this rule or the Project Agreement, the Department will find that the Grantee is in Non-Compliance. The Grantee will be notified in writing of the terms of Non-Compliance and will be given a specified time frame and an opportunity to cure the Non-Compliance to the satisfaction of the Department. If the Grantee fails to obtain compliance within the specified time frame, the Department will terminate the Project Agreement, demand return of the Program funds, including interest accrued from date of notice of Non-Compliance, and declare the Grantee ineligible for further participation in LWCF, RTP, or FRDAP grant programs until such time as the Non-Compliance is resolved. 

(5) UNSETTLED CLAIMS AND DISQUALIFICATION. The Department will deny, disqualify or suspend Program eligibility to any Applicant or Grantee against which the Department has an unsettled financial claim or who is deemed Non-Compliant under subsection 62D-5.059(4), F.A.C.

(6) PUBLIC ACCESSIBILITY. All Facilities must be accessible to the Public on a non-exclusive basis without regard to age, sex, race, religion, residence, membership, or ability level.

(7) ENTRANCE FEES. All Facilities must be accessible to the Public at the same fee regardless of residence or membership.

(8) NATIVE PLANTINGS. In developing a Project area with Program funds, a Grantee must primarily use vegetation native to the area, except for lawn grasses.

(9) POST COMPLETION INSPECTIONS. The Department will have the right to perform an on-site inspection of completed Program sites to ensure compliance with Program requirements as stated in subsections 62D-5.059(1), (2), (3), (6), (7) and (8), F.A.C.

Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.059, Amended 8-13-98, 8-15-04,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Reeves

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 29, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 11, 2014