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.

SUMMARY: The Florida Communities Trust is governed by two separate rules, the Preservation 2000 Program in Chapter 62-815, F.A.C., and the Florida Forever Program, Chapter 62-818, F.A.C. The amendment to Rule 62-815.013, F.A.C., will provide consistency between the two rules relative to the annual reporting requirement. The amendment will allow annual reports to be transferred to a five-year reporting cycle if all of the terms and conditions in the Declarations of Restrictive Covenants have been met by the Grantee. The amendment will make both programs run in a consistent manner and will provide opportunity for Preservation 2000 Grantees the same flexibility as Florida Forever Grantees already have. Allowing the five-year reporting cycle streamlines the process for the Florida Communities Trust staff and eases the burden on Grantees that have fulfilled the terms and conditions of the grant.

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 rule revision will reduce the annual reporting requirements and will not have an adverse impact or a increase in regulatory cost as identified in the SERC checklist.

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: 380.507(11) FS.

LAW IMPLEMENTED: 259.101, 375.045 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:

DATE AND TIME: October 25, 2013, 9:00 a.m.

PLACE: Douglas Building, Conference Room A, 3900 Commonwealth Blvd, 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 5 hours before the workshop/meeting by contacting: A. Diane Langston, 3800 Commonwealth Blvd, MS 103, Tallahassee, FL 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: A. Diane Langston, 3800 Commonwealth Blvd, MS 103, Tallahassee, FL 32399-3000, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE 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, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: A. Diane Langston

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2013 (Volume 39, Number 127)