Change the stewardship report requirements from annually to every five years for eligible projects.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-815.013Annual Reporting Requirement

PURPOSE AND EFFECT: Change the stewardship report requirements from annually to every five years for eligible projects.

SUBJECT AREA TO BE ADDRESSED: Annual Reporting Requirement

RULEMAKING AUTHORITY: 380.507(11) FS.

LAW IMPLEMENTED: 259.101, 375.045 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: A. Diane Langston, 3800 Commonwealth Blvd., MS 103, Tallahassee, FL 32399-3000, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

62-815.013 Annual Stewardship Report Reporting Requirement.

(1) Each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions imposed at the time the award was made are being followed and to monitor the stewardship and use of the property. The stewardship report shall be due each year.

(2) Once the project is fully developed as outlined in the approved Management Plan, the stewardship report for that projects may be submitted to the Trust on a five year review cycle:

(a) To initiate the five year review cycle of the stewardship report, the Recipient shall provide the following:

1. Written statement of completion certifying that the Project Site was developed in accordance with the approved Management Plan;

2. Updated Management Plan that includes an as-built master site plan drawing showing all facilities and structures; and

3. Photographic record of all completed site improvements and restoration activities.

(b) Trust staff shall perform site visits to ensure that the Recipient has demonstrated that the terms of the Declaration of Restrictive Covenants and the approved Management Plan have been followed.

(c) Upon the Trust’s acceptance of the Recipient’s statement of completion, the updated Management Plan and photographic record and a satisfactory completion of the site visit, the Trust may, in its discretion, transfer the stewardship report to a five year review cycle. If, after transfer of the stewardship report to a five year review cycle, the Trust finds that the terms and conditions of the Declaration of Restrictive Covenants are not being followed, the annual stewardship report requirement shall be reimposed.

Each award to a Recipient shall include a condition that, after acquisition of the project site, an annual report is required from the Recipient benefitting from the award, and title holder if different, in order to verify that conditions imposed at the time the award was made are being followed, to monitor the stewardship and use of the property, to verify the status of conditions in Rule 62-815.012, F.A.C., and other sections of this rule chapter, and to collect survey information. The annual report shall be due on the anniversary of the date on which the project plan was approved by the governing body.

Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.013,_________.