Purpose, Definitions, General Requirements, Application Requirements and Processing, Evaluation Criteria, Grant Administration, Compliance Responsibilities
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Recreation and Parks
RULE NOS.:RULE TITLES:
62D-5.053Purpose
62D-5.054Definitions
62D-5.055General Requirements
62D-5.056Application Requirements and Processing
62D-5.057Evaluation Criteria
62D-5.058Grant Administration
62D-5.059Compliance Responsibilities
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 118, June 18, 2014 issue of the Florida Administrative Register.
In addition to changes to the proposed rule shown below, the Department has made changes to forms that are adopted and incorporated by reference to reflect where each form is adopted and incorporated by reference; and Form OoO-A038, Notice of Limitation of Use and Site Dedication, has been redrafted to require formalities of execution by local government officials, implementing Sections 125.411, 375.075, 695.01(1), 695.01(3), 695.03, and 695.26, F.S.
62D-5.053 Purpose.
No change.
62D-5.054 Definitions.
The terms used in this part are defined as follows:
(1) through (2) No change.
(3) “APPLICATION” means a formal request for FRDAP funds to be submitted by an Applicant consisting of a completed Project Application form with all required documentation, as described in identified as Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, FL 32399-3000; by telephone: (850) 245-2501; or on the Internet at http://www.dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04218.
(4) through (34) No change.
(35) “PROGRAM” means the Florida Recreation Development Assistance Program (“FRDAP”). The Application Packet, incorporated in subsection 62D-5.054(3), F.A.C., and forms used in the FRDAP Program are, as listed in the rules requiring the use of the forms and subsection 62D-5.055(7), are available by contacting: Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, FL 32399-3000; by telephone: (850) 245-2501; or on the Internet at http://www.dep.state.fl.us/parks/oirs/ or https://www.flrules.org/.
(36) through (48) No change.
(49) “SCORP” means the Statewide Comprehensive Outdoor Recreation Plan for the State of Florida, prepared under Section 375.021, F.S., entitled “Outdoor Recreation in Florida 2013,” effective December 31, 2013. through December 31, 2018. Addressing one or more SCORP issues, goals or recommendations in an Application Form OoO-A033, incorporated in subsection 62D-5.054(3), F.A.C., will provide an opportunity to receive an additional seven points. The SCORP is hereby adopted and incorporated by reference, and a copy may be obtained from the Office of Park Planning, Division of Recreation Parks, 3900 Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida, 32399-3000, or on the Internet at http://www.dep.state.fl.us/parks/outdoor/scorp.htm or http://www.flrules.org/gateway/reference.asp?No=Ref-04217. Please note that the SCORP is typically updated every five years to maintain the currency of the inventory; however, this reference material is to be used on or after the most recent effective date of these rules, and until further notice.
(50) through (52) No change.
Rulemaking Specific Authority 375.075 FS. Law Implemented 288.0656, 375.021, 375.075 FS. History–New 12-10-90, Formerly 16D-5.054, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,___________.
62D-5.055 General Requirements.
General requirements for the Program include the following:
(1) No change.
(2) PROJECT ELIGIBILITY. In order to be eligible for a Grant, a Project must meet the criteria in paragraphs (a) through (e), below. A Project is ineligible for a Grant if any of the criteria in paragraph (f), below, are met.
(a) No change.
(b) Eligible Site: The site of a FRDAP Development Project must be owned by the Applicant or must be under lease to the Applicant for a period of time before the closing date of the Application Submission Period sufficient to satisfy the dedication period required by this rule. The Project Site location must not be changed after the close of the Application Submission Period. The Project Site must be one contiguous parcel, except for sandy beach access sites. Other forms of Real Property interest will be considered if the Applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time specified by this rule. The Project Site control verification must be received by the close of the Application Submission Period, as required by subsection 62D-5.056(2), and the Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C. Eligible sites must be dedicated or managed for Public recreational use pursuant to subsection 62D-5.059(1), F.A.C.
(c) through (f) No change.
(3) through (6) No change.
(7) PROGRAM FORMS. The following forms will be used for the application and administration of the Program, as defined in Subsection 62D-5.054(35), F.A.C., where contact information is available:
(a) The Applicant shall submit the information to the Department using Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04218.
(b) The Grantee shall determine readiness to seek Department authorization for commencement of construction or land acquisition based upon submission of documentation listed on Commencement Documentation Checklist, Form OoO-A034, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04219.
(c) The Grantee shall certify to the Department that all applicable site and construction standards, plans, and specifications have been met in accordance with the law using Commencement Certification, Form OoO-A035, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04221.
(d) The Grantee shall determine its compliance with close-out documentation requirements by using Completion Documentation Checklist, Form OoO-A036, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04222.
(e) The Grantee shall certify Project Completion to the Department using Project Completion Certification, Form OoO-A037, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04225.
(f) The Grantee shall record a public notice of use and dedication, pursuant to subsection 62D-5.059(1), F.A.C. , using Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04228.
(g) The Grantee shall report actual costs to the Department using Actual Cost Contract Payment Request, Form OoO-A039, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04229.
(h) The Grantee shall report work performed by private or independent contractors to the Department using Contractual Services Purchases Schedule, Form OoO-A040, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04230.
(i) The Grantee shall report salaries and wages paid to employees to the Department using Grantee Labor Cost Schedule, Form OoO-A041, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04231.
(j) The Grantee shall report purchases of materials and supplies to the Department using Direct Material Purchases Schedule, Form OoO-A042, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04232.
(k) The Grantee shall report stock or inventory materials or supplies to the Department using Grantee Stock Material Cost Schedule, Form OoO-A043, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04233.
(l) The Grantee shall report rental or use costs of equipment to the Department using Grantee Equipment Cost Schedule, Form OoO-A044, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04234.
(m) The Grantee shall report to the Department in accordance with paragraph 62D-5.058(3)(c), F.A.C., about status of work accomplished using Project Status Report, Form OoO-A046, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04235.
(n) The Grantee shall access Florida’s Outdoor Recreation Inventory, Form OoO-A056, effective [date], hereby adopted and incorporated by reference, to fill in, print and mail, and e-mail details of the completed Project. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/, http://www.flrules.org/Gateway/reference.asp?No=Ref-04236 or http://webapps.dep.state.fl.us/DrpOrpcr/ outdoorRecreationInventory.do/.
(o) The Grantee shall determine whether all pre-reimbursement standards have been met using Reimbursement Request Checklist, Form OoO-A057, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04237.
(p) The Grantee shall review and follow the procedures found in Financial Reporting Procedures, Form OoO-A058, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04238.
Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.055, Amended 8-13-98, 7-5-01,__________.
62D-5.056 Application Requirements and Processing Procedures.
The Department will approve Applications for Program Grants in order of priority until all Program funds are depleted under the following standards and criteria:
(1) APPLICATION FORM. All Applications must be submitted using the Florida Recreation Development Assistance Program Grant Application Packet, Form OoO-A033, effective [date], incorporated by reference in subsection 62D-5.054(3), F.A.C.
(2) through (8) No change.
Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.056, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,__________.
62D-5.057 Evaluation Criteria.
No change.
62D-5.058 Grant Administration.
The following constitutes procedures for administration of the Grant Program:
(1) No change.
(2) PAYMENT BASIS. Grantees will be paid Program funds by the Department subject to the following conditions:
(a) Project Costs. Payment of Project Costs will be reimbursed as provided for in this rule and in the Project Agreement. Costs must be incurred between the effective date of the Project Agreement and the Project Agreement completion date, except for Pre-Agreement Costs. If the total cost of the Project exceeds the Grant amount and the required Match, the Grantee must pay the excess cost. The following forms shall be used for reporting:
1. The Grantee shall report actual costs to the Department using Actual Cost Contract Payment Request, Form OoO-A039, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04479.
2. The Grantee shall report work performed by private or independent contractors to the Department using Contractual Services Purchases Schedule, Form OoO-A040, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04481.
3. The Grantee shall report salaries and wages paid to employees to the Department using Grantee Labor Cost Schedule, Form OoO-A041, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04482.
4. The Grantee shall report purchases of materials and supplies to the Department using Direct Material Purchases Schedule, Form OoO-A042, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04484.
5. The Grantee shall report stock or inventory materials or supplies to the Department using Grantee Stock Material Cost Schedule, Form OoO-A043, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04486.
6. The Grantee shall report rental or use costs of equipment to the Department using Grantee Equipment Cost Schedule, Form OoO-A044, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04488.
(b) Pre-Agreement Costs. Expenses within the definition of Pre-Agreement Costs, subsection 62D-5.054(32), F.A.C., may be eligible for reimbursement, in whole or in part, provided that the costs meet the requirements of Financial Reporting Procedures, Form OoO-A058, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04492. incorporated by reference in paragraph 62D-5.055(7)(p), F.A.C.
(c) through (d) No change.
(3) ACCOUNTABILITY. The following procedures will govern the accountability of Program funds:
(a) No change.
(b) Financial Reporting Procedures. The Grantee must ensure compliance with the requirements of the Financial Reporting Procedures, Form OoO-A058, incorporated in paragraph 62D-5.058(2)(b), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04492. effective [date], incorporated by reference in paragraph 62D-5.055(7)(p), F.A.C.
(c) Status Reports. The Grantee must submit to the Department signed Project Status Reports with photographs attached, every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and any information requested by the Department, using the Project Status Report, Form OoO-A046, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04489. in paragraph 62D-5.055(7)(m), F.A.C.
(4) No change.
(5) ACQUISITION PROJECTS. The following constitutes the specific procedures for administration of Acquisition Projects:
(a) through (d) No change.
(e) Commencement Documentation. Prior to commencement of the Acquisition, the Grantee shall receive must submit for written approval from the Department to proceed by first submitting documentation listed on described in the Commencement Documentation Checklist, Form OoO-A034, effective [date], hereby adopted and incorporated by reference in paragraph 62D-5.055(7)(b), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04469. Applicants that have undertaken Acquisition of Real Property and plan to submit for reimbursement as Pre-Agreement Costs must also submit the required documentation above.
1. Appraisal. Prior to the Department authorizing the Grantee to commence the Acquisition, the Grantee must submit to the Department an appraisal(s), prepared in accordance with the Uniform Standards of Professional Appraisal Practices (USPAP), which establishes the fair market value of the Project Site, and which standards are hereby incorporated in subsection by reference from Rule 18-1.002(29), F.A.C., which may be obtained on the Internet from http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm or https://www.flrules.org/.
a. through b. No change.
2. through 3. No change.
(f) Completion Documentation. The Grantee shall determine whether all pre-reimbursement standards have been met using Reimbursement Request Checklist, Form OoO-A057, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04491. Upon completion of an Acquisition and prior to release of the final payment, the Grantee shall determine its compliance with close-out must submit all documentation requirements by submitting described in the Completion Documentation Checklist, Form OoO-A036, effective [date], hereby adopted and incorporated by reference, with all supporting documentation requested. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04472 in paragraph 62D-5.055(7)(d), F.A.C. The Grantee must have submitted all completion documentation by Project Close-Out.
1. Project Completion Certification. The Grantee shall certify Project Completion to the Department using Project Completion Certification, Form OoO-A037, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04474. The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in paragraph 62D-5.055(7)(e), F.A.C.
2. Florida’s Outdoor Recreation Inventory. The Grantee shall access Florida’s must submit the Outdoor Recreation Planning Inventory Facility Form, Form OoO-A056, effective [date], hereby adopted and incorporated by reference, and shall fill in, print and mail, or e-mail details of the completed Project, describing the entire park. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/, http://www.flrules.org/Gateway/reference.asp?No=Ref-04490 or http://webapps.dep.state.fl.us/DrpOrpcr/ outdoorRecreationInventory.do/ describing the entire park, incorporated by reference in paragraph 62D-5.055(7)(n), F.A.C.
3. No change.
4. Notice of Limitation of Use and Site Dedication. The Grantee shall record a public notice must submit certification that the Notice of Limitation of Use and Site Dedication has been recorded in the official records of the county in which the property is located, pursuant to subsection 62D-5.059(1), F.A.C., using the form entitled Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], hereby adopted and incorporated by reference, and such form shall attach a correct legal description, boundary map or survey of the real property that has been dedicated for public use for the Project receiving the FRDAP grant. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04477. After recordation, the Grantee must provide a copy of the recorded document including the information provided by the Clerk as to Book and Page number where the document appears in the public record. Recording must include a legal description, boundary map or survey, and the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in paragraph 62D-5.055(7)(f), F.A.C.
5. Final Payment Request. The Grantee must submit all applicable reimbursement forms with all information completed on each form pursuant to the Financial Reporting Procedures, Form OoO-A058, incorporated in paragraph 62D-5.058(2)(b), F.A.C. effective [date]. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04492. All completion documents must be received and approved by the Department prior to the release of the final reimbursement.
6. through 8. No change.
(g) Site Development of Acquired Land. In accordance with paragraph 62D-5.058(5)(f), F.A.C., the Grantee will have up to three years to develop the property from the completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated in subparagraph 62D-5.058(5)(f)1., F.A.C. by reference in paragraph 62D-5.055(7)(e), F.A.C. If the Project is not developed within the three years, the Department will deem the Grantee Non-Compliant, as required by subsection 62D-5.059(4), F.A.C. The Grantee must provide the following documentation upon completion of the Development of the Facilities identified in the Project Agreement:
1. Project Completion Certification. The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated in subparagraph 62D-5.058(5)(f)1., F.A.C. by reference in paragraph 62D-5.055(7)(e), F.A.C. The Grantee must comply with all federal, state, and local regulations, rules, and ordinances in developing this Project.
2. through 3. No change.
(6) DEVELOPMENT PROJECTS. The following constitutes the specific procedures for administration of Development Projects:
(a) No change.
(b) Commencement Documentation. Prior to commencement of Project construction, the Grantee shall receive must submit for written approval from the Department by first submitting the documentation listed on described in the Commencement Documentation Checklist, Form OoO-A034, effective [date], incorporated by reference in paragraph 62D-5.058(5)(e), F.A.C 62D-5.055(7)(b), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04469. Applicants that have undertaken Development of Real Property and plan to submit for reimbursement as Pre-Agreement Costs must also submit the above required documentation.
1. No change.
2. Commencement Certification. The Grantee shall certify to the Department that all applicable site and construction standards, plans, and specifications have been met in accordance with the law using Commencement Certification, Form OoO-A035, effective [date], hereby adopted and incorporated by reference. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04470. The Grantee must submit to the Department the Commencement Certification, Form OoO-A035, effective [date], incorporated by reference in paragraph 62D-5.055(7)(c), F.A.C.
3. through 5. No change.
(c) Completion Documentation. Upon completion of the Project and prior to release of the final payment, the Grantee must submit all documentation described in the Completion Documentation Checklist, Form OoO-A036, effective [date], incorporated by reference in paragraph 62D-5.058(5)(f), F.A.C 62D-5.055(7)(d), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04472. The Grantee must have submitted all completion documentation by Project Close-Out.
1. Project Completion Certification. The Grantee must submit to the Department a Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in subparagraph 62D-5.058(5)(f)1., F.A.C. paragraph 62D-5.055(7)(e), F.A.C. The Grantee must comply with all federal, state, and local regulations, rules, and ordinances in developing this Project.
2. No change.
3. Florida Recreation Resource and Facility Inventory Form. The Grantee shall access must submit Florida’s Outdoor Recreation Inventory, Form OoO-A056, effective [date], describing the entire park, incorporated by reference in subparagraph 62D-5.058(5)(f)2., F.A.C. paragraph 62D-5.055(7)(n), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/, http://www.flrules.org/Gateway/reference.asp?No=Ref-04490 or http://webapps.dep.state.fl.us/DrpOrpcr/ outdoorRecreationInventory.do/.
4. No change.
5. Notice of Limitation of Use and Site Dedication. The Grantee shall record a public notice must submit certification that the Notice of Limitation of Use and Site Dedication has been recorded in the official records of the county in which the property is located, pursuant to subsection 62D-5.059(1), F.A.C., using the form entitled. Recording must include a legal description, boundary map or survey, and the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in subparagraph 62D-5.058(5)(f)4., F.A.C., and attaching a correct legal description, boundary map or survey of the real property that has been dedicated for public use for the Project receiving the FRDAP grant. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04477. After recordation, the Grantee must provide a copy of the recorded document including the information provided by the Clerk as to Book and Page number where the document appears in the public record paragraph 62D-5.055(7)(f), F.A.C.
6. Final Payment Request. The Grantee must submit all applicable reimbursement forms with all information completed on each form pursuant to the Financial Reporting Procedures, Form OoO-A058, effective [date], incorporated in subparagraph 62D-5.058(5)(f)5., F.A.C. by reference at paragraph 62D-5.055(7)(p), F.A.C. Copies of this form are available from the Program or on the Internet at http://dep.state.fl.us/parks/oirs/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-04492. Ten (10) percent of the total Grant amount will be held as retainage until final inspection has been completed. The Project must be completely closed out and all completion documents approved by the Department prior to the release of the final reimbursement.
(d) No change.
Rulemaking Specific Authority 375.075 FS. Law Implemented 125.411, 375.075, 695.01(1), 695.01(3), 695.03, 695.26 FS. History–New 12-10-90, Formerly 16D-5.058, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04,__________.
62D-5.059 Compliance Responsibilities.
The following constitutes the general requirements for Program compliance:
(1) SITE DEDICATION. Land owned by the Grantee, which is developed or acquired with FRDAP funds, must be dedicated in perpetuity as an Outdoor Recreational site for the use and benefit of the Public. Land under control other than by ownership of the Grantee, such as by lease, must be dedicated as an Outdoor Recreation area for the use and benefit of the Public for a minimum period of 25 years from the completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in subparagraph 62D-5.058(5)(f)1., F.A.C paragraph 62D-5.055(7)(e), F.A.C. The dedication must be recorded by the Grantee in the official records of the county in which the property lies, pursuant to the Notice of Limitation of Use and Site Dedication, Form OoO-A038, effective [date], incorporated by reference in subparagraph 62D-5.058(5)(f), F.A.C. paragraph 62D-5.055(7)(f), F.A.C.
(2) MANAGEMENT OF PROJECT SITES. The Department may perform site inspections to ensure that Facilities on Project Sites developed with FRDAP funds are being operated and maintained for Outdoor Recreation purposes for a minimum period of 25 years from the Project Completion date set forth in the Project Completion Certification, Form OoO-A037, effective [date], incorporated by reference in subparagraph 62D-5.058(5)(f)1., F.A.C paragraph 62D-5.055(7)(e), F.A.C. All Project Sites must be open to the Public at reasonable times and must be managed in a safe and attractive manner.
(3) through (9) No change.
Rulemaking Specific Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.059, Amended 8-13-98, 8-15-04,___________.
