The purpose of this rulemaking is to modernize and update the department’s rules for the Rural and Family Lands Protection Program and to increase efficiency in reviewing applications and acquiring conservation easements.....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NO.RULE TITLE:

5I-7.001:Purpose

5I-7.002:Definitions

5I-7.003:Program Goals and Objectives

5I-7.004:Application Procedures and Requirements

5I-7.005:Technical Review and Evaluation of Project Applications

5I-7.006:Program Review and Evaluation of Project Applications

5I-7.007:Ranking, Review and Approval of Priority Acquisition List

5I-7.008:Title and Survey

5I-7.009:Appraisal Procedures, Report Requirements and Determining Maximum Amounts

5I-7.010:Negotiations and Purchase Instruments

5I-7.011:Board Action

5I-7.012:Closing

5I-7.013:Multi-Party Acquisitions

5I-7.014:Compliance, Monitoring and Enforcement

PURPOSE AND EFFECT: The purpose of this rulemaking is to modernize and update the department’s rules for the Rural and Family Lands Protection Program and to increase efficiency in reviewing applications and acquiring conservation easements.

SUMMARY: The proposed rule revises the definitions, application, review, appraisal, and approval processes for the Rural and Family Lands Protection Program.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did no exceed any of the criteria established in section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that the Rural and Family Lands Protection Program is a voluntary program where applicants may apply for the Department to potentially purchase conservation easements from landowners and there is no fee to apply for participation in the program. Further, the revisions made in the proposed rule impose nominal administrative or clerical requirements on the applicants.

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: 259.105(3)(i), 570.07(23), 570.71(10), F.S.

LAW IMPLEMENTED: 259.105(3)(i), 570.70, 570.71, 570.715, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alan Davis, Land Planning Coordinator / FFS Rule Coordinator; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

CHAPTER 5I-7

RURAL AND FAMILY LANDS PROTECTION PROGRAM

5I-7.001Program Goals and Objectives Purpose

5I-7.002Definitions

5I-7.003Project Eligibility Program Goals and Objectives

5I-7.004Application Procedures and Requirements

5I-7.005Technical Review and Evaluation of Project Applications

5I-7.006Program Review and Evaluation of Project Applications

5I-7.007Ranking, Review and Approval of Priority Project Acquisition List

5I-7.008Title and Survey

5I-7.009Appraisal Procedures, Report Requirements and Determining Maximum Amounts

5I-7.010Negotiations and Purchase Instruments

5I-7.011Board Action

5I-7.012Closing

5I-7.013Multi-Party Acquisitions

5I-7.014Compliance, Monitoring and Enforcement

5I-7.001 Program Goals and Objectives Purpose.

(1) Pursuant to Section 570.70, F.S., the Rural and Family Lands Protection Program’s goals and objectives are to bring under public protection lands that serve to limit subdivision and conversion of agricultural and natural areas that provide economic, open space, water, and wildlife benefits by acquiring interests in land such as perpetual, less-than-fee acquisitions, agricultural protection agreements, and resource conservation agreements and innovative planning and development strategies in rural areas. The purpose of this chapter is to provide uniform and efficient procedures for the application, priority ranking, and acquisition of perpetual less-than-fee simple interests on working agricultural lands, title to which will vest in the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(2) This chapter is promulgated pursuant to Sections 570.71 and 259.105, F.S. and establishes an application process and criteria for the use of program funds to protect rural and agricultural lands through perpetual easements.

(3) This chapter also establishes appraisal and title review processes, and a method to assure compliance with the terms of the perpetual easements.

(2)(4) Acquisitions described procedures provided for in this rule are for voluntary, negotiated acquisitions and conveyances under agreements for purchase of perpetual less-than-fee simple interests.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented, 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.002 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

(1) “Acquisition project” means a parcel or parcels of land proposed for acquisition in accordance with Section 570.71, F.S., and this rule.

(2) through (3) renumbered as (1) through (2).

(3)(4) “Agricultural Lands” means lands on which Aagriculture is conducted.

(4)(12) “Aquifer Groundwater Recharge Areas” means regions areas that provide water to an aquifer that is critical to springs, sinks, lakes, rivers, other natural systems, or water supply.

(5) “Baseline Documentation Report” means a report used for long term Pperpetual Eeasement monitoring that documents existing land conditions at the time of execution of the easement.

(6) through (11) No change.

(12)(13) “Natural Floodplain” means Federal Emergency Management Agency (FEMA) “special flood hazard areas (SFHA)” associated with major rivers. In counties where no FEMA data is available, the Nnatural Ffloodplain is estimated based on water management district landcover data, landsat data, and National Wetlands Inventory data.

(13)(14) “Outparcel” means land within the boundaries of a parcel which is not owned or under the control of the parent tract owner or is intended to be excluded from the Pproject by the parent tract owner.

(14)(15) “Perpetual Easement” means a cConservation eEasement as defined in Section 570.71(2)(a) 704.06, F.S., or a rRural lLands pProtection eEasement as defined in Section 570.71(3), F.S.

(15)(16) “Program” means the Rural and Family Lands Protection Program (RFLPP).

(16)(17) “Project” means the a proposed acquisition of a Pperpetual Eeasement as provided for in Sections 570.71 and 704.06, F.S. 

(17)(18) “Significant Natural Areas” as contained outlined in Section 570.71(1)(c), F.S., means areas of relatively undisturbed agricultural lands or water features that promote healthy functioning habitats with important to native plant and wildlife species and hydrology habitat or water resources.

(18)(22) “Species Habitat” means an environment consisting of an assemblage of plants, animals, soils, and associated processes that provide a plant or animal with its physical and chemical requirements.

(19) “Supplemental Standards” means 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 570 259, F.S., and in accordance with which is incorporated by reference in Rule subsection 18-1.002(23) 1.002 (27), F.A.C.

(20) No change.

(21) “Water Resources” means water bodies, Aaquifer Rrecharge Aareas, aquifers, wetlands, and watersheds.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, Amended _______.

5I-7.003 Project Eligibility Program Goals and Objectives.

In order to be eligible qualify for acquisition pursuant to this rule chapter, a Project agricultural land must be consistent with the Program Goals and Objectives as stated in Rule 5I-7.001, F.A.C., must protect the integrity and function of working landscapes, ensure opportunities for viable agricultural activities on working lands threatened by conversion to other uses, and meet at least one of the following public purposes consistent with Sections 570.71(1) 259.105(3)(i), F.S.:

1. Promotion and improvement of wildlife habitat;

2. Protection and enhancement of water bodies, Aquifer Recharge Areas, wetlands, and watersheds;

3. Perpetuation of open space on lands with Significant Natural Areas; or

4. Protection of Agricultural Lands threatened by conversion to other uses.

(1) Perpetuate open space on working lands that contain significant natural areas;

(2) Protect, restore or enhance water bodies, aquifer recharge areas including uplands and springsheds, wetlands, or watersheds;

(3) Consistent with subsection 5I-7.003(3), F.A.C., promote a more complete pattern of protection, including buffers to natural areas, ecological greenways, functioning ecosystems; and military installations as provided in Sections 259.105(2)(h)1.-3., F.S.;

(4) Promote the restoration, enhancement or management of species habitat, consistent with the purposes for which the easement is acquired.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

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 Pproject under this rule shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application, Rev. 04/23 5/13, hereby incorporated by reference. and Copies are immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No-Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05106 or by sending a request to the following mail or email address. When an application review cycle is announced, aApplications must be submitted by mail or e-mail to:

Florida Department of Agriculture and Consumer Services

Rural and Family Lands Protection Program

Florida Forest Service

3125 Conner Boulevard, Suite “J”,

Tallahassee, FL 32399-1650,

[e-mail].

Applications must be delivered by 5:00 p.m., Eastern Standard Time, on the final day of the application period, as announced pursuant to 5I-7.004(2), F.A.C,

(2) When an application review cycle is initiated by the Department, Tthe Department shall publish a Notice of Application Review Cycle announcing the opening of an application review cycle and the with a date by which new applications must be received. The notice shall include any funding priority criteria that will be considered in addition to the preferences set forth in Section 570.71(10), F.S. The All notices shall be published in the Florida Administrative Register, and available on the internet at: http://www.flrules.org/ no less than 45 days prior to the application review cycle deadline.

(3) When an application review cycle is initiated by the Department, aAll Pprojects on the existing Project acquisition priority list will be carried over without submission of a new application, unless the landowner notifies the Department in writing that the Pproject is withdrawn from the list. Landowners with property on the existing Project acquisition priority list shall submit descriptions of any changes to use or conditions on the property by the deadline for submission of new applications published in the Notice of Application Review Cycle. If the Pproject no longer meets the Pprogram eligibility criteria set forth in Rule subsection 5I-7.003 5I-5.007(3), F.A.C., due to changes to use or conditions on the property, Division staff shall recommend to the Rural and Family Lands Selection Committee that the Pproject be deemed ineligible. When an application review cycle is initiated by the Department, aAll new and existing Pprojects will either be ranked or re-ranked in accordance with Rule 5I-7.007, F.A.C. 

(4) Each acquisition Pproject application received shall, within 30 days of receipt, be reviewed by Division staff to verify sufficiency of information and that on its face it is eligible for further review and evaluation in accordance with this chapter section.

(a) Incomplete applications shall be returned to The Department shall notify the applicant with a notice of letter stating every deficiency, provided, via the applicant’s preferred method of contact as indicated on the application, setting forth a description of the stating deficiency, and instructions for completion and resubmission. If the required supplemental information is not received in writing via the methods described in 5I-7.004(1), F.A.C., within five (5) business days of the applicant’s receipt of the notice of deficiency by the application review cycle deadline, the application entire file will be rejected. and returned to the applicant.

(b) Applications determined to be ineligible shall be returned to the applicant with an explanation of the reason that the Pproject was determined to be ineligible.

(c) Applications received after the application review cycle deadline described in 5I-7.004(1), F.A.C., shall not be considered in the next group of projects will not be considered and will be returned to the applicant.

(5) Requests to modify the boundary of for a Pproject on the Project acquisition list boundary modification of currently approved projects by for acreage additions or reductions of 15% or more less of the total approved Pproject area must shall be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new Pprojects. Should the Committee approve the modification, a new total Pproject acreage would be established.

(6) If the landowner contemplates a division of the property, the size and scope of such division must shall be specified in the application and must go before the Selection Committee for approval. No division of the property will be allowed after the approval and ranking of the Pproject without the written consent of the Department. The division must not result in any parcel being below the median size of farms in the county, as determined by the most recent USDA Median Size of Farms by County Table, Version 2017 September 2014, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05108 or by sending a request to [e-mail] or the mailing address provided in 5I-7.004, F.A.C.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, Amended _______.

5I-7.005 Technical Review and Evaluation of Project Applications.

(1) Once complete and timely submitted, the application shall receive an independent review within 45 days by members of a Technical Review Team appointed by the Commissioner or his designee and coordinated by the Division, who will evaluate each Project as it relates to their area of expertise or program disciplines. 

(2) The Technical Review Team will be authorized to perform a site visit to each new Project by selected team member(s) for the purposes shall consist of inspecting, observing, and evaluating property characteristics, and no fewer than three (3) representatives from the following disciplines. the degree of quality of both the agricultural operations and the suitability for long-term agricultural use. The site visit will provide for an exchange of information between the landowner, property manager, and technical review team members.

(a) Divisions within the Department with expertise in the types of agricultural activities currently in place within the project and contemplated for the future. The representatives from the Department shall be responsible for an evaluation of the agricultural operation, whether BMPs are being implemented, and suitability of land for long term agricultural use.

(b) The Florida Natural Areas Inventory, a scientific organization proficient in biological natural resource based evaluations, which shall perform a scientific assessment of natural resource attributes of each property.

(c) A state or local agency responsible for land planning and growth management, which shall perform an assessment of the level of threat of conversion to non-agricultural use including, at a minimum, the land use designation of the property and surrounding area; development trends in the surrounding area that might serve to adversely impact future agriculture, or conversely, encourage the continuation of agriculture; and any known state or local rural land area designation applicable to the property.

(d) Geographically applicable water management district on projects where hydrological considerations are integral to the proposal, which shall assess the potential benefits of the property relating to floodplain, surface water, wetlands and aquifer recharge.

(e) Adjacent public land managers, if applicable, who shall assess the benefits of the property relating to buffering and connectivity.

(f) Other agencies or organizations deemed necessary by the Department, based upon the specific nature of the property involved in the application, to effectuate a thorough review and evaluation of an application.

(3) The Project evaluation process will also include a desk review by the Technical Review Team to analyze available data, maps, and information related to the property, its natural features and Species Habitat, hydrology, agricultural operation, and potential for conversion to non-agricultural use.

(4)(3) The Review by Technical Review Team members will prepare a report of their findings to the Division for each Project consist of an evaluation of each project.  The report will include an evaluation of Pproject eligibility (in Rule 5I-7.003, F.A.C.) and the degree to which the Pproject meets application based on the Pprogram goals and objectives (in Rule 5I-7.001, F.A.C.) applicable to each team member’s particular area of expertise as outlined in subsection (2) above.

(4) Upon completion of the review, a narrative of each team member’s findings shall be provided to the Department along with an evaluation of the extent to which the project achieves the goals and objectives in Rule 5I-7.003, F.A.C.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.006 Program Review and Evaluation of Project Applications.

(1) Division staff shall prepare a Project Program Evaluation Report for each Pproject after within 30 days of receipt of the findings of the Technical Review Team.

(2) The Project Evaluation Report shall include:

(a) A compilation of all Technical Review Team member reports, a summary of the information in the application, and any additional information relied upon by the team members. If applicable, this shall include a determination that the Pproject does not meet the eligibility requirements for the RFLPP, or a recommendation that a Pproject, or portion thereof, might be more suitably acquired by a separate another Florida Forever land acquisition program such as pursuant to Section 259.105(3)(b), F.S., and the goals and objectives of that program. When such a recommendation is made, the landowner shall be contacted and provided the reason why the Pproject is ineligible, or that another program may be appropriate. If requested by the landowner after the landowner applies to another program, the Department shall coordinate with the other program(s) by transferring all data and technical reviews that are available.

(b) Confirmation of the Pproject boundary as contained in the application and any recommended boundary adjustments.

(c) A recommended monitoring entity for the Pproject and a brief rationale for the recommendation, if said entity is different from the Department.

(d) Known or potential opportunities for cost sharing partnerships with complementary local, state and federal programs. A potential cost sharing opportunity or program shall be considered complementary if:

1. The goals, objectives and eligibility criteria of the partnering programs are compatible;

2. The property owner is willing to comply with the requirements of all entities or programs engaged in the partnership; and

3. Funding is or will be available from participating programs to cost-share the proposed Pperpetual Eeasement.

(e) Whether the property is within one or more of the following:

1. Wwithin an agricultural area as determined by a local government comprehensive plan pursuant to Section 163.3177(6)(a), F.S.;

2. is Wwithin a rural land stewardship area pursuant to Section 163.3248 163.3177(11)(d), F.S.; or

3. is Cclassified as agricultural pursuant to Section 193.461, F.S.; or is part of an Agricultural Cooperative.

(f) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.007 Ranking, Review and Approval of Project Priority Acquisition List.

(1) No change.

(2) Rural and Family Lands Selection Committee members shall independently evaluate Pprojects based on consideration of the Project Program Evaluation Report detailed in Rule 5I-7.006, F.A.C., giving preference to ranch and timberlands managed using practices that provide multiple use and sustained yield of the renewable surface resources with the goal of sustaining the economic and ecological integrity of the property while allowing the agricultural business to operate and prosper, in accordance with 570.71(10), F.S., or other priorities established in the Notice of Application Review Cycle.

(3) Eligible projects are those that protect the integrity and function of working landscapes, ensure opportunities for viable agricultural activities on working lands threatened by conversion to other uses, and meet at least one of the following public purposes consistent with Sections 259.105(3)(i) and 570.71(1), F.S.:

(a) Perpetuate open space on working lands that contain significant natural areas;

(b) Protect, restore or enhance water bodies, aquifer recharge areas including uplands and springsheds, wetlands or watersheds;

(c) Consistent with subsection 5I-7.003(1), F.A.C., promote a more complete pattern of protection, including buffers to natural areas, ecological greenways, functioning ecosystems; and military installations as provided in Sections 259.105(2)(h)1.-3., F.S.

(d) Promote the restoration, enhancement or management of species habitat, consistent with the purposes for which the easement is acquired

(3)(4) The Rural and Family Lands Selection Committee shall consider the list of Pprojects at a public meeting(s) conducted pursuant to Section 120.525, F.S. The purpose of the meeting(s) shall be to receive public comment, consider the eligibility of new applications and Pprojects on the existing Project acquisition priority list, and after the final meeting by majority vote approve adopt a list of Pprojects in tiered priority order that qualify for acquisition under the Program. The Department will establish the time limit for public comment in advance of the public meeting(s).

(4)(5) Upon approval of the Project acquisition list by the Rural and Family Lands Selection Committee Each year that cash disbursements or bonds are to be issued pursuant to Section 259.105, F.S., the Department shall present Projects on the Project acquisition the priority list to the Council, approved by the Rural and Family Lands Selection Committee, for review by the Council at a regularly scheduled public meeting, as provided in Section 259.105(14).

(5)(6) Following review by the Council, Tthe Department shall present the Project acquisition priority list to the Board for approval, along with supporting information outlined in subsection (6)(7) below. The Board is authorized to remove Pprojects from the list, but may not add Pprojects or change Pproject rankings, as provided in Section 259.105(14) 259.105 (15), F.S.

(6)(7) The Department shall submit to the Board, with its Project acquisition priority list, a report that includes, but is not limited to, the following information for each Pproject listed:

(a) A summary of the Pproject evaluation, including the type of agricultural activities currently on the property, the natural resource benefits of the Pproject, and the current threat of conversion to non-agricultural uses;. and

(b) A map delineating Pproject boundaries, and, where applicable, proximity to other protected lands.

(7)(8) The combined value of all Pprojects recommended to the Board by the Department may exceed the amount of money available for acquisition.

(8)(9) Upon approval of the Project acquisition priority list by the Board and subject to the availability of funds, the Department may proceed with the acquisition process for Pperpetual Eeasements, including appraisals, survey and title review.

(9)(10) All acquisition Pprojects approved by the Board shall be eligible for funding, with available resources targeted initially toward the highest ranked Pprojects. However, the Board is authorized to approve the purchase of any Pproject from the list, pursuant to Sections 259.105, 570.70 and 570.71, F.S., as well as boundary amendments to completed Projects previously ranked and acquired pursuant to prior lists.  The boundary amendment shall not exceed 15% of the total Project acreage previously approved and does not need to be independently ranked.  Such amendments must benefit both the Landowner and the Program, create a cohesive and consistent Project, and resolve issues such as title defects, road and plat abandonment, and in-holdings acquired subsequent to closing on the original Project acreage.

(10)(11) A Project acquisition priority list approved by the Board shall replace all prior lists. If a project from a prior list is removed, all acquisition activities shall cease, unless there is a fully executed contract on the property.

(11) In the event there is no application review cycle initiated during the calendar year, the previously-approved Project acquisition list may be used, subject to the availability of funds, until the Board approves a Project acquisition list. The Board may also re-approve the previous Project acquisition list.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105, 259.04(1)(c) FS. History–New 11-3-08, Amended 4-14-15, Amended _______.

5I-7.008 Title and Survey.

(1) Initial Title Report. In order for the Department to obtain appraisals, Aa title report shall be obtained from a licensed title company or title attorney authorized to do business in the State of Florida. The title report shall include an adequate legal description of the property to be acquired sufficient to inform the Department and the appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history.

(2) No change.

(3) Condition of Title. The objective of negotiations for acquisition of property interests is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned easement. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined and evaluated as to possible adverse effect on the objectives in acquiring the property interest. Such matters will be disclosed to the Board at the time the Pproject is submitted on the Department’s agenda for consideration by the Board.

(4) Prior to closing, a certified survey must be obtained, unless the requirement is waived by the Department Board if it determines that the available information is adequate to establish the boundaries of the property. The Department shall use surveyors licensed by the State of Florida. Any certified survey shall be reviewed to ensure that it complies with the standards of practice for surveys set forth in Rule Chapter 5J-17, F.A.C. to ensure that it complies with the land acquisition survey standards of the Department of Environmental Protection, Division of State Lands, Bureau of Survey and Mapping. dated September 3, 2002, incorporated by reference and available on the internet at: http://www.dep.state.fl.us/lands/surv_map/default.htm or by sending a request to: Department of Environmental Protection, Bureau of Survey and Mapping, 3900 Commonwealth Boulevard, MS #105, Tallahassee, Florida 32399-3000 or by phone at [phone] or by Fax at [phone]. The Department shall only use surveyors from the list of approved surveyors under contracts developed and maintained by the Bureau of Survey and Mapping.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.009 Appraisal Procedures, Report Requirements and Determining Maximum Amounts.

(1) The Department shall only use appraisers and review appraisers licensed or certified from the list of approved appraisers developed and maintained in accordance with pursuant to Chapter 475, F.S. subsections 18-1.007(1) and (2), F.A.C. The Department is authorized to contract directly with qualified appraisers and review appraisers pursuant to Chapter 287, F.S. or coordinate through the Department of Environmental Protection, Division of State Lands for review appraisal services.

(2) Specific Project Appraiser Selection. Appraisers to be solicited for appraisal assignments will be those with competency in the area of specialization required by the proposed appraisal assignment, with additional consideration given to production time, cost efficiency, and contemplation of additional appraisal services in a specific Pproject area.

(3) Through competitive bidding, multiple bids will be sought with the objective of obtaining the best possible services efficiently and at the most reasonable cost.

(4) Solicitations will include selection criteria to be used in making the final selection of the appraiser to be awarded the appraisal services required.

(5) renumbered to (3).

(4)(6) The development and reporting of all appraisal services by the appraiser and review appraiser shall be in accordance consistent with the Uniform Standards of Professional Appraisal Practices (USPAP), Supplemental Standards, as adopted in Rule 18-1.002 (23), F.A.C., this rule chapter (Chapter 5I-7), and the Department’s specific assignment to the appraiser.

(7) through (9) renumbered as (5) through (7).

(8)(10) When two appraisals are required under Section 570.715(1)(b)1. 259.041(7)(b), F.S., a third appraisal shall be obtained if the two appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value. However, a third appraisal shall not be obtained if the decision is made by the Department to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals.

(9)(11) Determining the maximum amount:

(a) The maximum amount that may be paid for a Pperpetual Eeasement shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergence.

(b) through (c) No change.

(10)(12) Appraisal Reviews:

(a) Appraisal reviews will be conducted for each parcel by qualified review appraisers in accordance with USPAP requirements. Appraisals and appraisal review reports shall be submitted to the Department for the purpose of determining maximum amounts that may be paid for Pperpetual Eeasements.

(b) No change.

(11)(13) All appraisers will be required to comply with Section 259.041(7)(c), F.S., and submit an affidavit, pursuant to Section 570.715(1)(b)2., F.S., substantiating that they have no vested or fiduciary interest in any property for which appraisal services will be awarded.

(14) renumbered as (12).

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, Amended _______.

5I-7.010 Negotiations and Purchase Instruments.

(1) Initial contact with the landowner by the Department may be established prior to negotiations, provided such contact is limited to the following:

(a) No change.

(b) To confirm the owner’s interest in conveying a Pperpetual Eeasement to the State and establish the terms of the proposed easement for appraisal purposes;

(c) through (f) No change.

(g) To discuss other information pertinent to the acquisition process in general; and

(h) No change.

(2) The Department is authorized to initiate purchase negotiations only upon receipt of the approved appraisal(s) reports in accordance with this chapter rule. 

(3) through (5) No change.

(6) Pursuant to Section 570.715(5), F.S., All offers, counter-offers and appraisal(s) reports shall be confidential and exempt from the provisions of Section 119.07(1), F.S., as provided in Section 570.715(5), F.S., until an option contract is executed or, if an option contract is not executed, until two (2) weeks before an option contract, contract, or agreement for purchase is considered for approval by the Board. However, the Department has the authority, at its discretion, to disclose appraisal(s) reports to private landowners during negotiations for acquisitions under this Program if the Department determines that disclosure of such reports will bring the proposed acquisition to closure.

(7) No change.

(8) Purchase Instruments. The final negotiated purchase shall be placed in the form of a written purchase instrument signed by the owner and the Department, subject to approval by the Board and legislative appropriation.

(9) through (10) No change.

(11) All agreements involving the purchase of a Pperpetual Eeasement shall be reviewed and approved at a duly noticed meeting by the Board.

(12) through (13) No change.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.011 Board Action.

(1) The Department shall furnish the following at the time a purchase is considered by the Board:

(a) The original of the purchase instrument.

(b) through (c) No change.

(d) Summary of tThe approved appraisal review reports.

(e) A written statement by the Department outlining the public interest for which the acquisition is being made, citing statutory authority, and stating that the property proposed for purchase is within a Pproject on the Department’s Project acquisition program list.

(f) through (h) No change.

(i) All disclosures required by Sections 375.031(1) and 380.08(2), F.S.

(j) through (k) renumbered as (i) through (j).

(2) The Department shall submit the proposed acquisition for consideration by the Board within 45 days after receipt from the landowner by the Department of the materials required by subsection (1) above. The Department shall supply a copy of the proposed purchase instrument and all supporting documentation to the Board for its review.

(2)(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 interests in land wherein, title thereto which will vest in the Board.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.012 Closing.

(1) through (3) No change.

(4) All original documents including recorded documents shall be forwarded to the Department within 30 days after receipt by the closing agent from the county clerk. The Department shall forward all recorded documents and a copy of the title insurance policy to the Department of Environmental Protection, Division of State Lands within 30 days after receipt by the Department for inclusion in the Board’s land title records system.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15.

5I-7.013 Multi-Party Acquisitions.

(1) The Department may enter into an acquisition agreement with a cooperating entity, which may consist of another state agency, a water management district, a local government or a nonprofit organization as defined in Section 570.715(5) 259.041(7)(e), F.S., for any property that has been authorized for acquisition pursuant to Section 570.71, F.S.

(2) No change.

(3) An acquisition agreement may provide for the sharing of appraisals, offers, and other negotiation matters between the Department and the cooperating entity; provided, however the agreement shall require the cooperating entity to follow Department procedures and this chapter when acquiring appraisals and to deliver to the Department all negotiation files after negotiations with the owner have terminated. As a condition of the sharing of confidential information, the cooperating entity must agree to maintain, on its behalf and on behalf of its employees and agents, the confidentiality of appraisals, offers, and other negotiation matters, as required by Section 570.715(5) 259.041(8)(c), F.S., and this chapter, and the cooperating entity must obtain the consent of the Department prior to disclosing the information to any other person.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 570.715, 259.105(3)(i) FS. History–New 11-3-08, Amended _______.

5I-7.014 Compliance, Monitoring and Enforcement.

(1) All Pperpetual Eeasements acquired pursuant to this rule shall include provisions for assuring compliance, monitoring and enforcement of the terms and conditions of such Pperpetual Eeasements.

(2) The Department shall procure or require any landowner to provide any reports, maps, studies, or documents the Department deems necessary to document the existence and location of property boundaries, structures, environmental issues, conservation values, and natural features on the property in conjunction with and prior to closing for the purpose of developing a Baseline Documentation Report.

(3) All Pperpetual Eeasements shall require the landowner to enroll in, implement, and adhere to all applicable Florida Department of Agriculture and Consumer Services Best Management Practices (BMPs), such as those adopted in Rule Titles 5I, 5L, and 5M, F.A.C.

(4) The Department shall determine the frequency of easement monitoring monitor all perpetual easements.  Aall Pperpetual Eeasements shall be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, Rev. 04/23 12/14, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05107 or by sending a request to: the Florida Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Suite “J”, Tallahassee, FL 32399-1650.

(5) No change.

(6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with terms and conditions of the Pperpetual Eeasement utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, 12/14.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71(10), 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, Amended _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alan Davis, Land Planning Coordinator and FFS Rule Coordinator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wilton Simpson, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 17, 2023