To provide a procedure and requirements for the Acquisition and Restoration Council to use to amend boundaries of Florida Forever land acquisition projects. The Council has been using and modifying such procedures for several years, and its policy ...

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO: RULE TITLE
18-24.005: Full Review of Project Proposals
PURPOSE AND EFFECT: To provide a procedure and requirements for the Acquisition and Restoration Council to use to amend boundaries of Florida Forever land acquisition projects. The Council has been using and modifying such procedures for several years, and its policy and procedure are now developed to the point that rules can be proposed.
SUMMARY: This rule amendment will create a uniform procedure for all sellers of land and for the Council to follow when boundary amendments are desired.
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: 259.035(1)(f) FS.
LAW IMPLEMENTED: 259.035 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: June 29, 2007, 1:00 p.m. EDT
PLACE: Conference Room A, Marjory Stoneman Douglas Building, 3900 Commonwealth Blvd., Tallahassee Florida
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 48 hours before the workshop/meeting by contacting: Greg Brock, D.E.P., 3900 Commonwealth Blvd., Mail Station 140, 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: Greg Brock at the address or phone above

THE FULL TEXT OF THE PROPOSED RULE IS:

18-24.005 Full Review of Project Proposals.

(1) through (4) No change.

(5) By majority vote, the Council will may direct staff to prepare, revise, or update a project boundary for a project already on the approved list. Landowners who wish to have their property removed from an approved project boundary shall submit by certified mail a letter identifying such property to be removed to the following address: Florida Forever Program, Office of Environmental Services, Mail Station 140, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, FL 32399-3000. All other proposals to amend the boundary for a project already on the approved list will be considered by the Council, at its next regularly scheduled meeting, if the following conditions are met: Modifications to the project boundary must be justified in writing and include an assessment of the resources.

(a) Each proposed modification to the project boundary must include an assessment of the proposed modification. The assessment for proposals to add property to an existing project boundary shall include the following:

1. A complete application that includes all items of information as required in subsection 18‑24.003(3), F.A.C., and this section; and

2. If fee simple acquisition is proposed, a letter from the proposed managing agency indicating the agency’s willingness to manage the property and describing the proposed addition’s relative importance to management of the existing project or to the protection of its significant resources; or

3. If less-than-fee acquisition is proposed, a brief description of any known activities or property rights proposed to be acquired by the state and those proposed to be retained by the landowner.

(b) The Council shall consider a proposed boundary addition only if the applicant provides a complete application as required in paragraph (a), and only if one or more of the following criteria is met:

1. The county property appraiser’s tax valuation for all parcels of the proposed addition total less than $5 million;

2. The proposed addition meets the criteria for emergency acquisitions pursuant to Section 253.027 or Section 259.041(15), F.S.;

3. The acreage of proposed addition is less than 10% of the size of the existing project boundary, including areas previously acquired, and is less than 1,000 acres;

4. The property was previously on an acquisition list developed under Chapter 259, F.S.;

5. The property was previously managed by a state agency; or

6. The Council chair receives written requests to consider a proposed boundary modification from two or more Council members.

(c) Each application to add property to an existing project boundary shall, within 30 days of receipt, be reviewed by staff to verify sufficiency of information in accordance with this subsection. Applicants who submit incomplete applications shall be notified of each deficiency, and shall have 30 days from the date of the deficiency letter within which to submit the missing information. If the missing information is not received by the deadline, the boundary amendment application will be denied and returned to the applicant.

(d) Proposals not meeting at least one of the criteria in paragraph (b) shall not be considered by the Council as a boundary modification, but may be submitted by the applicant as a Florida Forever project proposal pursuant to Rule   18-24.003, F.A.C.

(e) For a proposed boundary modification that exceeds 5,000 acres in size, staff shall prepare an amended project evaluation report in accordance with the provisions of subsection 18-24.005(2), F.A.C., unless the Council chair receives from four or more Council members written requests to consider a proposed boundary modification without a site visit by staff.

(f) An affirmative vote of at least five Council members shall be required to add property to an existing project, while a majority vote of members present shall be required to remove property from an existing project.

(g) Parcels of land qualifying as de minimis lands, as defined in paragraph 18-24.001(2)(f), F.A.C., shall be exempt from the provisions of this section.

Specific Authority 259.035(1), 259.035(4), 259.105(9), 259.105(18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended ___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Brock
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Trustees of the Internal Improvement Trust Fund
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 22, 2006