The purpose and effect is to provide guidance to the public and to the Florida Forest Service staff regarding tree planting and tree enhancement programs. This rule was created for the Plant a Tree Trust Fund in 1993 and last updated in 1995. Many ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-5.001Purpose

5I-5.002Definitions

5I-5.003Use of Plant A Tree Trust Fund Monies

5I-5.004Grant Application Process

5I-5.005Reviewing and Processing of Grants

5I-5.006Maintenance of Grant Award Projects

5I-5.007Prioritization of Grant Applications

5I-5.008Award of Grants

5I-5.009Execution of Agreements and Documents

5I-5.010Review of Projects in Progress and Upon Completion

PURPOSE AND EFFECT: The purpose and effect is to provide guidance to the public and to the Florida Forest Service staff regarding tree planting and tree enhancement programs. This rule was created for the Plant a Tree Trust Fund in 1993 and last updated in 1995. Many of the provisions are obsolete and need to be updated to increase efficiency.

SUMMARY: To provide guidance to the public and to the Florida Forest Service staff regarding tree planting and tree enhancement programs.

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 not 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 participation in the program is voluntary and there are no fees associated with Rule Chapter 5I-5, F.A.C., or with the proposed changes. Additionally, no interested party submitted additional information regarding the economic impact.

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: 570.07(23), 589.277(3), F.S.

LAW IMPLEMENTED: 589.077, 589.30, 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: Steve Bohl, 3125 Conner Blvd., Tallahassee, FL 32399-1650, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

TREE ENHANCEMENT PROGRAMS PLANT A TREE TRUST FUND

5I-5.001 Purpose.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93,

Repealed              .

 

5I-5.002 Purpose and Definitions.

The purpose of this chapter is to administer the Florida Forest Service Tree Enhancement Programs. The following words have the meaning indicated:

For the purpose of these rules:

(1) “Applicant” means a Local Government, Not for Profit Nonprofit Organization, or Private Landowner applying making application to the Plant A Tree Trust Fund for cost-share assistance.

(2) “Board” or “Board of Trustees” means the six-member committee whose role is to provide guidance to the Department of Agriculture and Consumer Services on Plant A Tree Trust fund activities. The Board of Trustees shall consist of five members appointed by the Commissioner of Agriculture; one arborist or private consulting forester, one private landowner, one representative of a nonprofit organization, one representative of forest industry and one representative of an incorporated town, city or village. The Director of the Division of Forestry shall serve as the Chairman and sixth member of the Board. Board members shall be appointed for three-year staggered terms, and may be reappointed for an unlimited number of terms. Appointed board members shall serve on a voluntary basis and shall receive no monetary compensation for their services.

(3) “Chairman” means the Director of the Florida Division of Forestry serving as the head of the Board of Trustees.

(2)(4) “District/Center” means the administrative field unit of the Florida Forest Service Division of Forestry.

(3)(5) “District/Center Manager” means the chief administrative employee of the District as defined in subsection (2)(4) above.

(4)(6) “Fiscal Year” means the program year for the Plant A Tree Trust Fund, which is the period of time extending from July 1 to June 30.

(7) “Grant Application” means the official Plant A Tree Trust Fund Application and supporting documentation.

(8) “Grant Review Team” means the five-person advisory committee whose role is to review grant applications for rural and urban tree planting and recommend grant awards and funding levels to the Board of Trustees. The Grant Review Team will be appointed by the Chairman at the beginning of each fiscal year for terms of one year and will consist of individuals with expertise in rural and urban forestry. Appointed Grant Review Team members shall receive no monetary compensation from the Plant A Tree Trust Fund for their services, however, the Division of Forestry may reimburse those individuals for their travel expenses at the official state rate.

(5) “Tree Enhancement Programs” means  the tree planting programs authorized by Section 589.277, Florida Statutes, and includes programs related to maintaining native plant species including those providing for prescribed burning, treating non-native invasive plant species, site preparation, timber stand improvement, and other related practices.

(6)(9) “Local Government” means any county or incorporated municipality within this state a county government or a municipality (an incorporated city, town, or village).

(7)(10) “Not for Profit Nonprofit Organization” means an organization which has an active record filed an application with the Florida Secretary of State for not for profit corporation nonprofit corporate status pursuant to Chapter 617, F.S., and has been issued a federal employer identification number by the Internal Revenue Service.

(11) “Plant A Tree Trust Fund” means the trust fund established by Section 589.277, F.S., and administered by the Florida Department of Agriculture and Consumer Services, Division of Forestry.

(8)(12) “Private Landowner” means a private individuals, groups, Indian tribes or and other native groups, associations, corporations, or other non-governmental legal entity owning or controlling a contiguous parcel of at least one acre ten acres of land and no more than twenty-five one thousand acres of land in any one county of the State, unless the acreage threshold within this range is otherwise specified by the Florida Forest Service under which financial resources are allocated.

(13) “Trust Administrator” means the Division of Forestry staff member assigned by the Chairman to coordinate administrative support for The Plant A Tree Trust Fund and the Board.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 570.0705, 589.277, 589.30 FS. History–New 3-8-93, Amended 4-17-95,              .

 

5I-5.003 Allocation of Funds Use of Plant A Tree Trust Fund Monies.

(1) A notice of funding availability shall be published on the Florida Forest Service website.

(2)(1) The Florida Forest Service Board shall determine the amount of funds to be distributed through awards grants, the financial range of grant awards, and the distribution of funds into the urban, and rural, or tree ehancement progam grant categories, based upon the availablity of federal, state, or donated funds.

(3)(2) During any fiscal year, the Florida Forest Service Board may designate the use of up to ten percent (10%) of the program funds for adminstration and management. July 1st balance in the Plant A Tree Trust Fund for fund-raising and advertisement.

(3) Except as provided for in subsection (2) above, all Plant A Tree Trust Fund Monies are to be expended as 50:50 matching grant awards for tree planting, including those reasonable costs for planting materials, irrigation equipment and site preparation established by the Division of Forestry.

(4) Contributors of donated funds to the Florida Forest Service trust fund Plant A Tree Trust Fund may designate the county or counties where their donated funds will be used and for which whether they will be used for urban, or rural tree planting tree enhancement program.

(5) All trees and/or seedlings planted as a part of the Plant A Tree Trust Fund program must be of a species native to the State of Florida. and must meet the Florida Division of Plant Industry’s requirements a Florida Grade Number 1 or better specimen.

(6) For questions about Tree Enhancement Programs contact: Forest Management Bureau, Florida Forest Service, 3125 Conner Boulevard, M.S. C25, Tallahassee, Florida 32399-1650, phone  [phone].

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-3-94, 4-17-95,                 .

 

5I-5.004 Grant Application Process.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95,Repealed                 .

 

5I-5.005 Reviewing and Processing of Grants.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, Repealed                 .

 

5I-5.006 Maintenance Responsibility of Grant Award Projects.

(1) All grant applications must include provisions for the care and maintenance of the trees or seedlings planted under the project for a minimum of two years.

(2) After funding is provided by the Florida Forest Sevice for a Tree Enhancement Projects, the long-term cCosts for the care and maintenance of trees or seedlings planted as a part of a Plant A Tree Trust Fund project are the responsibility of the applicant.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95,              .

 

5I-5.007 Prioritization of Grant Applications.

(1) Potential projects submitted for Tree Enhancement Programs, urban tree planting shall be evaluated based upon the following criteria:

(a) through (c) No change.

(d) Number of acres to be planted, nNumber, and size of trees to be planted.

(e) The acres to be treated under any Tree Enhancement Programs.

(f)(e) Evidence of local government and community support for urban plantings.

(f) Use of a landscape plan.

(g) Use of imaginative design concepts.

(h) Provision for minimal impacts on traffic safety during maintenance operations.

(i) Contribution to local or regional environmental or beautification plans.

(g)(j) Cost effectiveness.

(h)(k) Demonstration of an amount of applicant match supplemental as a source of funding.

(i)(l) Educational benefit of the project. Rural Tree Enhancement Programs must folllow Best Management Practices for Silviculture (2008), adopted and incorporated by reference in Rule 5I-6.002, F.A.C.

(m) Care and maintenance plan.

(2) Applications for rural tree planting shall be evaluated based upon the following criteria:

(a) Contribution to an existing forest management plan.

(b) Number and size of trees.

(c) Cost effectiveness.

(d) Provisions for wildlife habitat improvements.

(e) Environmental enhancement.

(f) Care and maintenance plan.

(g) Number of acres to be planted.

(2)(3) The Forest Management Bureau Chief Grant Review Team will provide the Director of the Florida Forest Service Board with a recommended prioritized list of grant projects, and including partial funding of projects.

(4) The Grant Review Team may recommend partial funding of grant applications.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95,                 .

 

5I-5.008 Award of Grants.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 8-19-93, 4-17-95, Repealed                          .

 

5I-5.009 Execution of Agreements and Documents.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, Repealed                 .

 

5I-5.010 Review of Projects in Progress and Upon Completion.

The District/Center Managers, or their representative, shall verify that the applicants adhere to all tree planting or tree enhancement program activities terms and conditions of the agreements executed under Rule 5I-5.009, F.A.C. are complied with, and:

(1) Prior to final project acceptance, a sixty-day grow-in period is required on all planted trees and seedings.

(2) Upon notification of project completion and submittal of all receipts, invoices and required documentation, the Trust Administrator will arrange for a final inspection of the planting site and payment of the grant award.

(2)(3) The District/Center Managers, or their his representative, shall review and approve tree enhancement  projects prior to final acceptance, and shall notify the Forest Management Bureau of their final acceptance.

(4) The Board reserves the right to inspect and/or review the projects prior to final acceptance.

(3) The District/Center Managers, or their representative, shall ensure that Best Management Practices for Silviculture (2008), adopted and incorporated by reference in Rule 5I-6.002, F.A.C., were followed for  rural Tree Enhancement Programs.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277, 589.30 FS. History–New 3-8-93, Amended 4-17-95,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James R. Karels, Director, Florida Forest Service

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 3/14/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/21/2017