Definitions, Application Procedures and Requirements, Ranking, Review and Approval of Priority Acquisition List, Board Action, Closing, Compliance, Monitoring and Enforcement
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of ForestryRULE NO: RULE TITLE
5I-7.002: Definitions
5I-7.004: Application Procedures and Requirements
5I-7.007: Ranking, Review and Approval of Priority Acquisition List
5I-7.011: Board Action
5I-7.012: Closing
5I-7.014: Compliance, Monitoring and EnforcementNOTICE 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. 34, No. 32, August 8, 2008 issue of the Florida Administrative Weekly.
5I-7.001 No change.
5I-7.002 Definitions.
(1) through (4) No change.
(5) “Baseline Documentation Report” means a report used for long term perpetual easement monitoring that documents existing 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 (18) No change.
(19) “Supplemental Standards” means the most current version of the Supplemental Appraisal Standards for Board of Trustees Land, which contains appraisal requirements that establish public policy and add to the standard appraisal procedures and practices of the appraisal profession for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 259, F.S., adopted by the Board of Trustees of the Internal Improvement Trust Fund, dated April 14 18, 2008, incorporated by reference and available on the internet at: http://www.dep.state.fl.us/lands/appraisal/ or by sending a request to: Department of Environmental Protection, Bureau of Appraisal, 3900 Commonwealth Boulevard, M.S. 110, Tallahassee, Florida 32399-3000 or by phone at (850) 245-2658 or by fax at (850) 245-2668.
(20) through (22) No change.
5I-7.003 No change.
5I-7.004 Application Procedures and Requirements.
(1) For purposes of Sections 259.105(3)(i), 570.70(5) and 570.71, F.S., anyone submitting an application for consideration of a project under this rule shall utilize form DACS-11207, Rural & Family Lands Protection Program Application, 08/08 06/08, hereby incorporated by reference. Copies are immediately available on the internet at: http://www.fl-dof.com/forest_management/rural_family_lands_index.html http://www.doacs.state.fl.us/xxxxx/xxxxxxxxx/ or by sending a request to: Florida Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Suite “I”, Tallahassee, FL 32399–1650.
(2) No change.
(3) The Department shall accept applications on an ongoing basis that will be reviewed during the application review cycle in which they are received.
(4) Not less than once per year the Department shall publish a Notice of Application Review Cycle with a date by which all applications must be received. All notices shall be published in the Florida Administrative Weekly, and post available on the internet at: http://www.fl-dof.com/forest_management/rural_family_lands_index.html http://www. doacs.state.fl.us/xxxxx/xxxxxxxxx/ no less than 45 days prior to the application review cycle deadline.
(5) No change.
5I-7.005 and 5I-7.006 No change.
5I-7.007 Ranking, Review and Approval of Priority Acquisition List.
(1) through (8) No change.
(9) Upon approval of the priority list by the Board and subject to the availability of funds, the Department may proceed with the acquisition process for perpetual easements, including appraisals, survey and title review.
(10) through (11) No change.
5I-7.008, 5I-7.009 and 5I-7.010 No change.
5I-7.011 Board Action.
(1) through (2) No change.
(3) The Department shall obtain authorization from the Board prior to purchase, and pursuant to the provisions of Chapters 570 and 259, F.S., for all acquisitions of land, title to which will vest in the Board.
5I-7.012 Closing.
(1) No change.
(2) The Department shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before submitting a purchase instrument to the Board for approval. All other disclosures, including those required by Sections 375.031(1) and 380.08(2), F.S., shall be obtained prior to closing. The following information shall also be included in the statement obtained from supplied by the owner prior to closing:
(a) through (c) No change.
(3) through (4) No change.
5I-7.013 No change.
5I-7.014 Compliance, Monitoring and Enforcement.
(1) through (3) No change.
(4) The Department shall monitor all perpetual easements utilizing form DACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, 08/08 06/08, hereby incorporated by reference and immediately available on the internet at: http://www.fl-dof.com/forest_management/rural_family_lands_index.html http:// www.doacs.state.fl.us/ xxxxx/xxxxxxxxx/ or by sending a request to: the Florida Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Suite “I”, Tallahassee, FL 32399–1650
(5) In the event the owner of the property changes the type of agricultural use of the property, the Department shall update the Baseline Documentation Report to reflect the new agricultural use. All other provisions of the easement shall remain in full force and effect.
(5)(6) No change.
(6)(7) The Department shall review all monitoring reports for compliance with monitoring specifications utilizing form DACS-11209, Rural & Family Lands Protection Program Easement Monitoring Review, 08/08 06/08, hereby incorporated by reference and immediately available on the internet at: http://www.fl-dof.com/forest_management/rural_family_lands_index.html http://www.doacs.state.fl.us/ xxxxx/xxxxxxxxx/ or by sending a request to: Florida Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Suite “I”, Tallahassee, FL 32399–1650.
