To implement rules to govern the Stan Mayfield Working Waterfronts Program.

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

RULE NO: RULE TITLE
9K-9.001: Purpose.
9K-9.002: Definitions.
9K-9.003: General Requirements and Eligibility Standards.
9K-9.004: Submission of Application and Application Materials.
9K-9.005: Application Review.
9K-9.006: Project Evaluation Criteria.
9K-9.007: Ranking and Selection of Applicants.
9K-9.008: Grant Contracts
9K-9.009: Modification to the Project Boundary.
9K-9.010: Preparation and Acceptance of the Management Plan.
9K-9.011: Title, Acquisition Procedures, Lease Agreements and Transfer of Title.
9K-9.012: Annual Stewardship Report Requirement.
PURPOSE AND EFFECT: To implement rules to govern the Stan Mayfield Working Waterfronts Program.
SUMMARY: These rules govern the grant application procedures and process for the Stan Mayfield Working Waterfronts program that was created during the 2008 legislative session pursuant to Section 380.5105, Florida Statutes. This rule chapter implements Chapter 2008-229, Laws of Florida, which created Sections 380.503 and 380.5105, Florida Statutes.
SUMMARY OF STATEMENT 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), 380.5105(2) FS.
LAW IMPLEMENTED: 259.105, 380.5105 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: September 29, 2008, 1:00 p.m.
PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399
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 7 days before the workshop/meeting by contacting: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]. 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: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

9K-9.001 Purpose.

This rule chapter sets forth the procedures that must be followed for grant applications for Florida Forever Funds awarded by Florida Communities Trust. The purpose of the program is to provide grants for the acquisition of interests in land for the restoration and preservation of Working Waterfront pursuant to Section 259.105(3)(j), F.S.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

 

9K-9.002 Definitions.

(1) “Acquisition” means the act of obtaining real property or interests and rights therein through a voluntarily-negotiated transaction and through appropriate legal means in furtherance of The Florida Forever Act and this rule chapter.

(2) “Applicant” means an eligible Local Government or Nonprofit Working Waterfront Organization or a partnership between a Local Government and Nonprofit Working Waterfront Organization, which submits an Application for Florida Forever funds through the Trust. An Applicant that has been approved for funding by the Trust and has executed a Grant Contract with the Trust shall also be referred to as a Recipient.

(3) “Application” means a formal request by an Applicant on an approved form for Florida Forever Funds from the Trust, and consisting of a project proposal together with required documentation submitted pursuant to this rule chapter.

(4) “Award” means a grant from the Trust pursuant to the procedures developed in this rule chapter.

(5) “Business Summary” means information that describes an organization's status and future goals. It generally projects the vision and future opportunities for the organization and outlines the operations, expected needs, finances and organizational strategies that will enable the organization to achieve its goals. The information required for a Business Summary is specified in Form SMWW-1.

(6) “Board of Trustees” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(7) “Declaration of Restrictive Covenants” means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

(8) “Department” means the Florida Department of Community Affairs.

(9) “Donation” means a voluntary transfer of cash or title to real property without consideration; the conveyance of land by the owner at a purchase price below its market value can be considered a donation of a portion of the purchase price only when the owner expresses the intent, in advance of purchase and sale negotiations, to make a bargain sale, with no conditions placed on the bargain sale or donation.

(10) “Florida Forever Funds” means proceeds from the Florida Forever Trust Fund created by Section 259.1051, F.S., and distributed to the Department of Community Affairs pursuant to Sections 259.105(3)(j) and 380.5105, F.S., for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Stan Mayfield Working Waterfront Program.

(11) “Grant Contract” means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site.

(12) Governing Board” means the six-member governing body of the Trust as described in Section 380.504 and 380.505, F.S.; the powers of the Trust are vested in its Governing Board members, pursuant to Section 380.505, F.S.

(13) “Local Government” means a county or a municipality within the State of Florida.

(14) “Management Plan” means a plan prepared by the Recipient under this rule chapter and approved by the Trust regarding the long-term care and management of the Project Site.

(15) “Match” means cash, eligible Project Costs, or the value of real property, pledged by a party(ies).

(16) “Nonprofit Working Waterfront Organization” means a private Nonprofit Working Waterfront Organization, existing under the provisions of Section 501(c)(3) of the United States Internal Revenue Code that can demonstrate that the support of Working Waterfront as defined in Section 380.503(18)(a) and (b), F.S., are among its principal purposes and goals.

(17) “Project Costs” means the total of all eligible costs associated with the Acquisition of the Project Site in accordance with this rule chapter and Chapter 9K-10, F.A.C., and may include the cost of the following items: purchase price for Acquisition of all or a portion of the Project Site; certified survey containing an adequate legal description of the Project Site; any assessment or examination essential and necessary to determine Project Site boundary; appraisal report(s) and appraisal review of the Project Site; title report and title insurance premium; and environmental site assessment(s) performed pursuant to Rule 9K-10.010, F.A.C.

(18) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Florida Forever Funds are proposed in an Application to be used for all or a portion of the Acquisition. The Project Site may include up to three (3) ownerships. The Project Site may include non-contiguous parcels, so long as the non-contiguous areas are part of a unified scheme of development and management within the same Working Waterfront and sufficiently close that the unified scheme can be maintained.

(19) “Reasonable Assurance” means the Applicant’s ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully implemented and managed in accordance with the Application and the Grant Contract, and may include the Trust’s review of: the Applicant’s current and prospective financial condition; the Applicant’s history in acquiring, developing and managing similar projects; the Applicant’s financial commitment to the subject project as evidenced by the amount and type of any Match in the form of monies, real estate; and the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.

(20) “Recipient” means an Applicant that has been approved for funding by the Trust and who has executed a Grant Contract with the Trust for an Award.

(21) “Seafood House” means a facility that manufactures, processes, packs, holds or prepares seafoods for wholesale, whose primary source of income is derived from these activities, that is licensed by the Department of Agriculture And Consumer Services as a Food Establishment pursuant to Section 500.03, F.S., or a Shellfish Processor licensed pursuant to Section 597.020, F.S. A Seafood House may have retail or food serving facilities in conjunction with its other business operations.

(22) “Small Local Government” means county governments with populations of 75,000 or fewer and municipal governments with populations of 10,000 or fewer.

(23) “Trust” means the Florida Communities Trust, a nonregulatory agency and instrumentality, which is a public body corporate and politic, created within the Department of Community Affairs pursuant to Chapter 380, Part III, F.S.

(24) “Voluntarily-Negotiated Transaction” means an arm’s length market value transaction between a willing seller and a willing buyer. The use of condemnation or the threat of condemnation is not considered a Voluntarily-Negotiated Transaction.

(25) “Working Waterfront Business” means any enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities. “Working Waterfront Business” includes without limitation: Licensed commercial fishermen or aquaculturists; persons providing direct services to commercial fishermen or aquaculturists, as long as provision of these direct services requires the use of working waterfront real estate; and, municipal and private piers and wharves operated primarily to provide waterfront access to commercial fishermen or aquaculturists.

(26) “Working Waterfront Covenants” means a legal document entered into by the seller and Recipient, and recorded in the public records of the county or counties in which the project is located that conveys a perpetual less than fee interest, in the property to the Recipient. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

 

9K-9.003 General Requirements and Eligibility Standards.

The following constitutes the general procedures for the Stan Mayfield Working Waterfront Florida Forever grant program of the Florida Communities Trust.

(1) Application Form. Application Form SMWW-1 (eff. ________) is prescribed for use with these rules and is incorporated by reference. Applications for funding must be submitted on Application Form SMWW-1. Applicants may only submit one Application Form per Project Site. A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, or by calling [phone].

(2) Notice of Application Period. The Trust shall announce the amount of Florida Forever funds available for Awards and applicable deadlines in the Notice of Application Period published in the Florida Administrative Weekly.

(3) Eligible Applicants are Local Governments of the State of Florida, Nonprofit Working Waterfront Organizations or a partnership between a Local Government and a Nonprofit Working Waterfront Organization.

(4) Nonprofit Working Waterfront Organizations. In all acquisitions by a Nonprofit Working Waterfront Organization, a guaranty or pledge by a Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Nonprofit Working Waterfront Organization is unable to continue to manage the Project Site shall be obtained.

In addition, when acquiring a less than fee interest in the Project Site, the Nonprofit Working Waterfront Organization must provide assurance that they have the capacity to monitor and enforce the easement conditions. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the less than fee interest.

Or, if the Nonprofit Working Waterfront Organization is acquiring a fee-simple interest in the Project Site, the Nonprofit Working Waterfront Organization must provide assurance that they have the capacity to manage the Project Site. Such assurance shall be in the form of an endowment equal to ten percent of the appraised value of the fee interest.

(5) Working Waterfront Activities. Business activities performed on a project site acquired under this program must derive their primary source of income from services supporting the commercial harvesting of wild or aquacultured marine organisms. Any new structure to be located on sovereignty-submerged lands shall comply with the criteria set forth in Chapter 18-21, F.A.C. including but not limited to the requirement that the structure(s) be water dependent.

(6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Applicant(s) under any Application(s) for any project(s) shall not exceed the amount annually appropriated and accumulated for this program during any fiscal year.

(7) Eligible Sources of Match. The Applicant’s eligible sources of Match may include, but are not limited to, the following sources: Local Government or other government revenue; existing cash from Nonprofit Working Waterfront Organization or Donations as defined in this rule.

(8) Site Acquisition. The Trust shall be responsible for the Acquisition activities.

(9) Site Management. Each Applicant is required to provide a Management Plan as outlined in this rule chapter. To ensure that future management funds will be available for the management of the site in perpetuity, the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner that is consistent with the approved management plan.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

 

9K-9.004 Submission of Application and Application Materials.

(1) Applications must be submitted by mail or delivery to the Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100. To be timely submitted, Applications must be received on or before the published Application deadline.

(2) Deadlines for submitting Applications shall be announced in the Florida Administrative Weekly.

(3) Applications must be transmitted with an original signature cover letter on Applicant’s letterhead, signed by the appropriate representative, official or administrator, binding the Applicant to fulfill the commitments made in the Application, and identifying the employee of the Local Government or Nonprofit Working Waterfront Organization who will act as the key contact between the Trust and the Applicant.

(4) Applicants must submit three (3) complete sets of Application materials. One set shall contain original text and non-text items. The remaining two sets shall contain legible copies of text and non-text items, unless otherwise specified in the Application form.

(5) Applications must be received on or before the published Application deadline. Applications received after the published Application deadline shall be deemed late, and will not be considered by the Trust.

(6) All applications must be submitted on Application Form SMWW-1.

(7) A Business Summary that provides information on the applicable criteria outlined in the Business Summary section of Form SMWW-1 must be provided by the Applicant. Except in the case of a local government proposal to acquire fee simple interest in the Project Site for a public use. Applications submitted without the required Business Summary will not be considered by the Trust for recommendation to the Board of Trustees. Applications containing a Business Summary that is deemed insufficient by the Trust will not be considered by the Board of Trustees. The Business Summary and other relevant information shall be the basis for the Management Plan that will guide the management and operation of funded projects.

(8) The following exhibits shall be provided:

(a) United States Geological Survey 7 1/2 minute quadrangle map with the boundary of the Project Site clearly delineated.

(b) County Tax Appraiser’s map clearly delineating the project site boundary, names of the property owners, and parcel tax identification numbers, and ownership boundaries using an appropriate scale.

(c) Aerial photograph (1 inch = 2,000 feet or greater detail) with the Project Site boundary clearly delineated.

(d) Physical improvements map of an appropriate scale that clearly delineates all existing physical improvements, alterations, or disturbances occurring on the Project Site, and including, but not limited to, all cleared areas, buildings, roads, fences, docks, power lines, billboards, boat ramps, parking areas and known easements and rights-of-ways, and the approximate acreage of the foregoing.

(e) Conceptual site plan that clearly delineates the project site boundary and shows the approximate location of all existing and proposed site improvements.

(f) One set of labeled photographs of the Project Site which depict all on-site features on the Project Site and including, waterbodies, shorelines, historical features and existing improvements. Each photograph submitted shall include a legend that identifies the photograph location and key features that the photograph is intended to depict.

(g) If applicable, evidence of status as a Nonprofit Working Waterfront Organization as defined in subsection 9K-9.002(16), F.A.C.

(h) A signed statement from the owner(s) of each parcel indicating their willingness to consider an offer to purchase or to donate their parcel(s).

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

 

9K-9.005 Application Review.

(1) Applications received by the Application deadline shall be reviewed and evaluated by Trust staff based on the materials submitted. Applicants will be notified of the timely receipt and status of their Application(s).

(2) No additional information shall be accepted after the Application deadline, unless specifically requested by the Trust staff for clarification of information provided in the Application received by the published Application deadline. Any clarification information requested must be received by the Trust no later than 21 days prior to the Governing Board meeting or the information will not be considered by the Trust.  At a publicly noticed meeting, the Governing Board will finalize the ranking report which will be presented to the Board of Trustees.

(3) A project shall be eligible for scoring only if its purpose is to restore or preserve Working Waterfront as defined in Section 380.503(18), F.S.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

 

9K-9.006 Project Evaluation Criteria.

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and the information in Application Form SMWW-1. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application, including information obtained during site visits, in drafting an evaluation report and developing a ranking report to present to the Governing Board. At a publicly noticed meeting, the Governing Board will evaluate the reports and approve the recommended ranking report that will be presented to the Board of Trustees.

The Business Summary shall be evaluated for sufficiency based on information provided in Application Form SMWW-1. Staff from the Department of Agriculture and Consumer Services, and other state agencies as deemed necessary by the Trust, shall review each Business Summary and provide comments to the Trust. Trust staff shall prepare a recommended Business Summary sufficiency determination that takes into consideration comments received from the Department of Agriculture and Consumer Services and other agencies for consideration by the Governing Board. Applications containing a Business Summary deemed insufficient by the Trust will not be considered by the Board of Trustees.

An Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.

Points shall be awarded when the following criteria are met:

(1) Location:

(a) The Project Site is located within the boundary of a locally designated Community Redevelopment Area as defined in Section 163.340, F.S. and furthers the adopted community redevelopment plan (10 points);

(b) The Project Site is adjacent to state-owned submerged lands designated as an aquatic preserve identified in Section 258.39, F.S. (10 points);

(c) The Project Site is located within a municipality with a population less than 30,000 (10 points);

(d) The Project Site is within an area designated as an active “Waterfronts Florida Partnership Community” (9 points);

(e) The Project Site provides services and is located within 15 miles of a state designated aquaculture “High Density Lease Area” (5 points); and

(f) The Project Site is within an area designated as a “Rural Area of Critical Economic Concern” (4 points).

(2) Economic Consideration:

(a) The proposed project provides an economic benefit to the community (10 points);

(b) The Project Site is located in a municipality or in the unincorporated county with a growth rate that exceeds the average growth rate for the state, as shown by population increase since the last census (10 points); and

(c) The Project Site has sustained significant hurricane damage in the past 5 years (5 points).

(3) Site Suitability/Readiness:

(a) The Project Site contains existing structures that can be used or require only minor improvements, for use as commercial saltwater fisheries or aquaculture operations (points may be awarded based on the following criteria):

1. Docking facility for commercial fishing vessels (12 points);

2. Seafood House or other buildings to be used for Working Waterfront Business (10 points);

3. Boat ramp for commercial fishing vessels (8 points);

4. Storage area for traps, nets, and other gear needed for commercial fishing or aquaculture operations (4 points);

(b) The Project Site has a submerged land lease from the Board of Trustees, Environmental Resource Permit, or Wetland Resource Permit for the existing or proposed docking facility (7 points);

(c) The Project Site has obtained all necessary permits from the local government for the existing or proposed uses on the uplands (7 points);

(d) The proposed project will be acquired using a less-than-fee Working Waterfront Covenant for all of the land to be acquired (5 points);

(e) The Project Site will participate in Florida’s Clean Marina Program (4 points).

(4) Financial Contribution:

(a) Providing a share of the eligible Match. The Applicant is committed to:

1. Provide a Match between 25 percent to 34 percent of the Project Costs, or, for Small Local Governments as defined in subsection 9K-9.002(21), F.A.C., and Nonprofit Working Waterfront Organizations, a Match between 10 percent and 19 percent of the Project Costs (5 points); or

2. Provide a Match of 35 percent or more of the Project Costs, or, for Small Local Governments as defined in subsection 9K-9.002(21), F.A.C., and Nonprofit Working Waterfront Organizations, a Match of 20 percent or more of the Project Costs (10 points).

(b) The applicant has committed to major restoration of an existing docking facility for commercial fishing vessels or to construct a new docking facility for commercial fishing vessels (8 points);

(c) The applicant has committed to major restoration of an existing Seafood House of other building used for working waterfront business or to construct a new Seafood House or other buildings of at least 1,000 square feet to be used for Working Waterfront Business (6 points);

(d) The applicant has committed to major restoration of an existing boat ramp or to construct a new boat ramp for commercial fishing vessels (4 points).

(5) Community Planning:

(a) The project is located in a Future Land Use category, zoning district, or overlay district that has been identified for the protection and preservation of Working Waterfront (5 points);

(b) The project furthers local government comprehensive plan objectives and policies directives that ensure the protection and preservation of Working Waterfront for use by commercial fisherman, aquaculturists, or business entities that support these industries (5 points);

(c) The project furthers local government comprehensive plan objectives and policies directives to provide facilities that promote and educate the public about the economic, cultural and historical heritage of Florida’s traditional Working Waterfront (3 points).

(6) Public Education:

(a) The Projects Site provides permanent structured displays of artifacts and other items open to the public that provide information about the economic, cultural or historic heritage of Florida’s traditional Working Waterfront (4 points);

(b) Project Site contains a structure(s) that is listed on the National Register of Historic Places administered by the National Park Service (3 points);

(c) Interpretive kiosk or signs are provided that educate the public about the economic, cultural, or historic heritage of Florida’s traditional Working Waterfront (2 points).

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New __________.

 

9K-9.007 Ranking and Selection of Applications.

(1) Prior to preparing the ranking report of projects, Trust staff shall conduct site visits as needed to verify the conditions represented by the Applicants in the SMWW-1.

(2) Ranking report and evaluation reports. After a period for review, Trust staff shall prepare a preliminary ranking report and written evaluation reports listing the criteria for which points were received by each Applicant, based on information provided in the Applications and the site visits.  The preliminary ranking report and evaluation reports for each Applicant shall be provided to the Governing Board.

(3) The Governing Board shall meet for the purpose of approving the recommended scoring report of all Applications at a publicly noticed meeting.  Staff shall also provide a copy of the preliminary scoring report and evaluation report to each Applicant prior to the Governing Board meeting.

(a) The Governing Board shall consider each Application and the scores assigned in the Trust staff evaluation report.  The Board may modify staff recommended scores in order to settle unresolved issues arising from written objections from Applicant(s) to scores received in the evaluation report.  Applicant objections to staff recommended scores must be submitted in writing to the Trust staff at least 48 hours prior to the Board ranking meeting in order to be considered.  Decisions to modify point totals shall be based on review of Applications by the Governing Board, and public presentations to the Governing Board by Trust staff, Applicants and other members of the general public.

(b) All proposed amendments to the Local Comprehensive Plan that are included with the Application will be considered in the staff evaluation. Proposed amendments cited in the Application must be adopted by the Local Government and approved by the Department prior to the date of the Governing Board ranking meeting in order for points to be awarded in the final score.

(4)  The Governing Board shall develop and approve a list of all Projects in rank order for consideration by the Board of Trustees. Each Applicant shall be provided with the recommended ranking list prior to the Board of Trustees’ meeting.

(5)  The recommended ranking list shall be considered by the Board of Trustees, at a noticed meeting, for their approval in accordance with Section 380.5105(4), F.S.

(6)  Following the approval by the Board of Trustees of projects to be funded, the Trust shall enter into a Grant Contract that contains the conditions of the Grant.  Such conditions shall be based on Applicant representations, findings from site visits and other investigations. Applicants will be advised of the conditions prior to completion of the Grant Contract.

(7)  If for any reason funds awarded to an approved project become available prior to the next Application cycle, those funds may be committed to other project(s) based upon available funds and the final ranking of projects as designated by the Board of Trustees.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

 

9K-9.008 Grant Contracts.

(1) The established time frame for funding approval shall be for a period not to exceed 12 months. Approval shall be evidenced by a fully executed Grant Contract between the Trust and the Recipient. When the established time frame has expired, the project shall be terminated and funds committed to the project shall then be committed to other approved Applications. The Trust may extend the Grant Contract beyond the established time frame if significant progress is being made toward the acquisition of the project site or if extenuating circumstances warrant an extension of time.

(2) The time period of the Grant Contract and extensions shall not exceed a total of 24 months; unless, however, the Trust extends an Award beyond 24 months when significant progress is being made toward closing the project or if extenuating circumstances warrant an extension of time.

(3) The Recipient must request an extension in writing that includes an explanation of the goals currently accomplished to complete the project and the timeframe needed to complete outstanding goals. The Recipient may also include an explanation of circumstances beyond their control that have negatively impacted the completion of the project site.

(4) The Trust may unilaterally terminate the Grant Contract prior to the established time frame, if it is determined by the Trust that no significant progress is being made toward the Acquisition of the Project Site or other circumstances are present which would, in all likelihood, preclude or prevent the successful Acquisition of the Project Site within the established time frame.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

 

9K-9.009 Modification of Project Boundaries.

Modification to the boundary of a Project Site selected for approval will be considered by the Trust on a case-by-case basis. Requests to modify the project boundary shall be submitted to the Trust within 12 months of the approval of the Grant Contract. Requests for boundary amendments received after said deadline shall not be considered unless an exception is granted by the Trust based upon the demonstration of good cause. Good cause shall be based on whether the boundary modification is necessary to the successful development and management of the Project Site. The following procedures are established to guide the submission and review of boundary modification requests.

(1) A written request for boundary modification must be submitted and contain the items listed below. The request must be transmitted with an original signature cover letter on the Recipient’s letterhead, signed by the appropriate authorized representative named in the Grant Contract, and include a statement binding the Recipient to fulfill the commitments made in the request for boundary modification.

(a) An explanation of how the proposed modification complies with the intent and purpose of the project as stated in the original Application;

(b) An explanation of why the requested boundary change was not contained in the original Application;

(c) An explanation of the effect on the overall project if the requested modification is not approved.

(2) Following receipt of a request for boundary modification, Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient’s key contact of any additional information or clarification that is needed to complete the review.

(3) In considering on whether to approve the boundary modification, Trust staff shall give consideration to the following:

(a) Whether the proposed boundary modification is consistent with the purpose and intent of the original Application; and

(b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site;

(4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before making a final determination whether the boundary change is appropriate.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

 

9K-9.010 Preparation and Acceptance of the Management Plan.

(1) Prior to release of Florida Forever Funds for a project, the Recipients shall submit a Management Plan for approval by the Trust. The Management Plan shall explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of the Grant Contract.

(2) The Trust shall approve the Management Plan upon confirmation that it is consistent with the purposes of the Application and the terms and conditions of the Grant Contract.

(3) Any revision or modification to the approved Management Plan will require review and approval by the Trust. The Recipient shall provide a written request for any Management Plan change including all appropriate supporting materials.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

 

9K-9.011 Title, Acquisition Procedures, Lease Agreements and Transfer of Title.

This rule chapter and Chapter 9K-10, F.A.C., shall govern in all matters of title, acquisition procedures, lease agreements and transfer of title for lands acquired pursuant to this rule.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

 

9K-9.012 Annual Stewardship Report Requirement.

Pursuant to Section 380.5105(5), F.S., 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.

Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary of Department of Community Affairs and Chair of the Florida Communities Trust Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008