HomeMy WebLinkAbout1995 - Request funding IRCCity of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 c FAX (407) 589-5570
MEMORANDUM
DATE: July 12, 1995
TO: Mr. Joel Koford
City Manager
Capv
FROM: Bruce Cooper
Director of Community Development
REFERENCE: Request Funding Participation from Indian River
County for Schumann Tennis Courts
As you aware, our application through the Florida Recreation
Development Assistant Program was approved for the Schumann Park
tennis courts. Attached is the application submitted to the
Department of Environmental Protection which indicates a total cost
of the proposed project to be $139,920. Of that total, $100,000 is
to be funded by the State and the remaining $39,920 to be provided
by the city.
Based on the proposed facility and its current users, residents of
both Indian River County and the City of Sebastian utilize this
facility. Therefore, I would recommend that the city pursue 50%
participation of our costs with Indian River County based on the
following facts:
1. Attached is a membership list of the Friendly Tennis Group as
of May 1995. Of the 31 members, 13 (420) are Indian River
County residents and 18 (58%) City residents.
2. I've checked with Indian River County Planning Department, Mr.
Robert Keating and Stan Boling, and found that there are no
public tennis courts within the North County area except for
the two existing courts at Schumann Park. Its logical to
presume that once this facility is completed with a total of
six courts plus amenities, this would be an attraction for the
residents of North County and City of Sebastian.
Mr. Joel L. Koford
Schumann Park Tennis Courts
Page Two
3. With the construction of the additional four courts to this
facility, the estimated recreation facility demand and needs
for both Indian River County and City of Sebastian pursuant to
their comprehensive plans will be satisfied until the year
2010 based on adopted projected population for this area.
Thank you.
I B. PROJECT INFORMATION (ConlDmed)
4. Legislative districts in which the project site Is located:
the proposed project site is located. Ifyou are not sure
of the Supervisor of Elections.
Stnte Senate 16th State House �tlhll
These should be ilia districts In which
of the district, contact your local office
Briefly describe the project site. Include land resources, vegetation, fish and wildlife,
historical, archeological resources and transportation access as well as other pertinent
information. Include a boundary map of the project site. Include a copy of the site control
document (e.g.,deed, lease, agreement, etc.). Rentember — site control must be in effect by the
close of the submission period (August 31, 1994).
Land Resouccest The project site in approximately 4.00 acres of land identified as Tract N of
Sabae tion hlighl ands Subdivision Unit 16. The site has various recreational uses including a
playground, two tennis courts and two racquetball courts. A football field, which has recently
been relocated, Is now available for further development of this park. Vegetation: The
vegetation community for the project site has been designated as the South Florida Flatwoods
according to the City of Sebastian Comprehensive Plan. The land is nearly level with water
movement gradual to the natural drainage ways. Existing trees on the developed property are
primarily slash pines. Wildlife: As the area surrounding the project site has also been
developed residentially, wildlife common to flatwoods has decreased and species which prefer
open terrain have been attracted. The Florida scrub jay, a federally threatened species, have
areas of known habitat within 150 feet of the project site. Theses birds have territories
often 10 to 40 acres in size, which would include the project site. Historical or
Archeological Resources: There are no particular historical or archeological resources of
significance related to the site. Transportation Access: Vehicular access to the park is via
Schumann Drive, a two-lane major collector road which is divided in some areas. The park is
located approximately one mile off U.S. Highway 1 and spans approximately 418 feet along
Schumann, between Kildare Drive and Englar Drive, and in in the east central part of the City.
Pedestrian access is possible in this residential area that includes sidewalks and a bikepath
located on the east side of Schumann Drive. Public transportation is not readily available.
Boundary nap A boundary map of the project site is attached as Exhibit 1/3. Site Control
Document: The site control document, a warranty deed, has been provided as Exhibit ft.
C. FINANCIAL INFORMATION
1. FRDAP Funds Requested: Line A S 100,000.00
2, Local Funds Available:
a. Cash: Line B S 39,920. 00
b. hl -Kind: Line C
C. Land Value: Line D S
If property is developed, land value cannot be used as a match.
Total Local Funds Available: Line E S 39 920 QQ
Sunl of Lines B, C and D
3. Total Cost of Proposed Project: Lille F S 139 920 00
Suln of Lines A and E
Revisions to the requested grant amounts may be nude due to the limited amount of authorized
progrmn funds. Total Project Cost (Line F) must equal the grant request plus local funds
available.
DEP Fortn 1142-010 4
Revised 04194
4. Project Cost Estimate (COMPLE'T'E ONLY FOR DEVELOPMENTPROJECTS): If land
value is used as match, it should be included under primary cost. primary costs include all
recreation facilities and opportunities, including, Ina not limited to: beach access, fishing piers,
softball fuelds, tennis courts, bicycle wails, etc. For each element, please indicate if it is new
or a renovation of an existing facility. Primary cost must be equal to or greater than 50% of the
total cost. Attach a separate sheet if needed. Remember to include each element in your
conceptual site plan.
PRIMARY RECREATION AREAS AND FACILITIES
Quantity
Description
Estimated
Cost
2
Full size regulation tennis courts (new)
54,000.00
2
Racquetball courts (new)
14,000.00
1
Playground Equipoent (New & renovations)
6,800.00
Total Primary S 74,800.00
SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooins, site preparation,
landscaping, planning and other such costs should be included under stquport costs.
Quantity
Description
Estimated
Cost
1
Parking lot and drive - Proposed site consists of 45
31,500.00
parking stalls, including 2 handicap stalls
1
Electric - Subpanels and devices for lighting of
5,500.00
parking lot and tennis courts
1
Drainage - Retention areas for surface water management
6,000.00
1
Landscaping - Xeriscaping
4,800.00
1
Irrigation - Relocation & addition to existing lines
1,500.00
1
Concrete sidewalks
5,250.00
2
Bleachers
11800.00
2
Picnic Tables
650.00
1
Bike Rack
340.00
2
Benches
480.00
1
1 Engineering Fees - Preparation of Site Plan
7,300.00
Total Support S 65.120.00
TOTAL COST OF PROPOSED PROJECT $ 139,920.00
ll EP!•'oni 1142-010 5
Revised 04194
PART Il.
A. GENERAL EVALUATION CRITERIA
Is the proposed project identified in the applicant's capital improvement plan or schedule? If
"Yes" provide a copy of the five year capital improvement schedule included in the applicant's
adopted Local Comprehensive Plan. The Capital Improvements Schedule nntst clearly indicate
the proposed proi4cf. (Please tab as Exhibit "A").,
x Yes No See Exhibit "A"
Explain how the proposed project would implement one or more of the outdoor recreation goals,
objectives and priorities specified in the currently effective state comprehensive outdoor
recreation plan. Use Chapter 9 in Quidn rr R rG eatiort irr Florida - 1994 /SCORP). Provide
quotations or other appropriate references to justify the correlation (see attachment). Use a
separate sheet ifnecessary. (Please tab as Exhibit "B"):
See Exhibit "B"
List the priority resource/facility needs proposed in the project which are included in applicant's
planning region as specified in the currently effective state comprehensive outdoor recreation
plan. (Use the 1995 Relative Need Index in Qqw1oor Recreation in Florida - 1994 included on
page A 8.3 and A 8.4) also attached for your convenience: Planning Region X - None
bicycling
horseback riding
nature study
outdoor swimming pool use
saltwater beach activities
historical/archaeological site
hunting
EP lbrm 1142-010 G
Revised 04194
freshwater beach activities
saltwater fishing (no boat)
freshwater fishing (no boat)
saltwater fishing (boat)
shuffleboard
hiking
camping
4. Indicate which of the following apply:
a. A pre -advertised announced public meeting was held for the sole purpose of discussing
the proposed project. Attach a copy of proof of publication for the advertisement.
Meeting must be for the SOLE PURPOSE of discussing the project proposed in the
application. The ad should indicate the purpose of the meeting is to discuss a FRDAP
grant for this project site. (Please tab as Exhibit "C")
X b. The project was discussed at a regularly scheduled meeting of the applicant's advisory
board. Provide a copy of the agenda and/or the minutes of the advisory board
meetings) where this project was discussed. The board must be an appointed board
of citizens, such as parks and recreation advisory board, who would normally review
projects similar to the proposed grant application. Discussion must take place at a
regularly scheduled meeting. Planning and zoning or similar boards may be used if a
parks and recreation advisory board does not exist. City or County Commissions are
NOT considered advisory boards. (Please tab as Exhibit "C")
X C. Public input on the proposed project was obtained through presentations to community
organizations, neighborhood associations and/or a written opinion survey. Provide
documentation (agenda, minutes o• thank -you letter) showing that presentations were
made to community organizations or groups OR provide a copy of the survey
instrument, a summary of the results, and explain how the results relate to the
proposed project. (Please tab as Exhibit "C")
See Exhibit "C"
5. Is the proposed project a linear park? If "I'es ", list and briefly describe the linear design
feature(s) and the areas which will be connected by the proposed project: (Note -- LINEAR
PARK means an outdoor area of linear design that provides or connects active or passive
recreation park land or open space areas). (Please tab as Exhibit "D")
Yes X No
6. Is the proposed project for preservation purposes (e.g., historic, archaeological, cultural, etc.),
verified through the Florida Department of Statc7 If "Yes," contact rhe Department of State at
(904) 457-2333 if this applies to your proposed project. A copy of the letter from the
Department of State must be attached to verijj, a "Yes" response to this question.
(Please tab as Exhibit "E")
Yes 'X No
7. Please check only one:
❑X
The applicant has a full-time recreation or park department staffed to provide facility
development, programming and maintenance capabilities. See Exhibit "F"
❑The applicant has demonstrated the existence of a full-time ability to provide facility
development, programming and maintenance capabilities. If this option is selected, please
describe. (Please tab as Exhibit "F")
❑Other means of providing facility development, programming and maintenance capabilities. If
this option is selected, please describe. (Please tab as Exhibit "F")
DEP rorm ff42-01 0 7
Revised 04194
B. DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS)
Please list recreation facility/opportunity types (e.g., tennis court, pialic area, etc.). "Bullet"
lists are encouraged. Recreation facility/opportunity types must correspond with project
elements listed on page 5 of this application.
1. List the existing facilities/improvements on tine project site:
1. wo full-size tennis courts 5. Abandoned football field (relocated to
2. One half-size basketball court- another site at 13arber St. Sports Cooplex)
3. 'leo racquetball courts Area to be utilized for new tennis courts
4. Playground equipnent (i.e. swings) 6. Concession stand/restrooms
A 2. List tyle ltew or additional types of outdoor recreation facilities/opportunities which will be
provided by the proposed project:
1. Zto full-size tennis courts
2. 'Ito racquetball courts
3. Additional playground equipuent
3. List any existing types of outdoor recreation facilities/opportunities which will be renovated
by the proposed project:
1. Playground - Existing playground to be relocated and renovated,
and additional equipnent added as noted above.
4. List any support facilities (e.g., parking, restruuuns, utilities, etc.) which will be constructed
or renovated by the proposed project:
1. New parking lot consisting of 45 parking stalls.
2. Electric subpanels and devices for lighting parking lot & tennis courts.
3. Retention areas for surface water management.
4. Landscaping including xeriscaping.
5. Irrigation system relocation and additions.
6. Concrete sidewalks.
7. Bleachers, benches, picnic tables and bike rack to be added.
5. List any facilities to be constructed which will provide pedestrian access to or along water
resources:
N/A
6. List any facilities to be constructed which will provide for recreational use of water resources:
N/A
DEI Form lt4 - 10
Revised 04194
C. ACQUISITION CRITERIA (COMPLETE ONLY FOR ACQUISITION PROJECTS) N/A
Identify any resources in the Florida Natural Areas inventory (FNAI) which will be protected by
the proposed project. List the protected resources, if any, and provide a letter front the rNAL
(Please tab as Exhibit "G")
N/A
2. List any water bodies contiguous to or within the project boundaries:
N/A
List any user -based outdoor recreation facilities (e.g., baseball fields, basketball courts,
soccer fields, swimming pools, etc.) which will be constructed within three years after
acquisition. If funding for acquisition is approved, list the user -based outdoor recreation facilities
("Bullet" list).
4. Describe how the project provides for identified need(s) for additional park acreage and/or
distribution of park acreage according to the local comprehensive plan. Provide excerpts from
the Recreation/Open Space Element of your adopted local comprehensive plan. Explain how the
proposed acquisition willprovide currently needed general park acreage. include data on
current park acreage, standards and identified needs. If applicable, explain how the
acquisition project would provide currently needed park acreage in a specific geographical area
as identified in the comprehensive plan. (Please tab as Exhibit "H")
Needed Acreage:
Needed Distribution of Acreage:
5. State the current total acreage of recreation, park land and open space property owned by the
applicant:
G. Identify the funds allocated in the applicant's capital improvement plan or schedule over !lie
next five fiscal years for development of the project site (NOT acquisition):
U•11Forni1142-010 9
Revised 04194
Acevedo, Gladys
Adams, Jake (Grace)
Bacher, Joan
Blalock, Carol
FRIENDLY TENNIS GROUP
SEBASTIAN, FL 5/95
6251 Mirror Lake Ct.
13225 Rt.l, Lot 60
4196 79th St.
9100 106th Ave
Bounds, Tom (Ruth) 414 Layport Drive
Capp, Liz 424 Bywood Ave.
Carroll, Tom (Rosemarie) 634 Oleander St.
Cole, Stewart (Ruth) 110 Larchmont Terr.
Cousins, Ralph (Domenica) 679 Fleming St.
DeBernardis,Fred (Doris) 304 Pineapple St.
Eastman, Bill 1108 Breezy Way
Franklin, Jane
Giordan, Lillian
Goddard; Dorcas (Art)
Huber, Jane, David
Hujus,`Fred, Ruth
Kinney, Roy (Beulah)
Kramer;'"Don "'
LaCivita, Joe (Mary)
,McManus -1 -!John; Barbara
Motyka, Ed (Mei)
Nelson, Rex (Nancy)
Nichols, Ginny (Dick)
Pally, Abe
Pesula, John, Jackie
Saunders, Tom
133 Main St.
442 Peterson St.
5942 River Run Dr.
930 Clearmont St.
9770 Fleming Grant Rd
388-1685\
388-3353
589-1427
589-9373 f
589-1160
589-3591
589-8553
589-5711
589-1726
589-5027:r-^:�
589-5789
388-0510
388-1885
388-0303`1`0
589-6737
664-2062
486 Toledo St. 589-4705
540 S. Mirror"'Lake Dr. ° "'', - `x`388=3457-,;9
956 Dolphin Ave.
13380 Indiam,'River. Dr.
1536 Esterbrook Lane
710 Fischer Circle
238 Columbia Ave.
357 Vine Ave.
117 Dickens Ave.
11 Sunset Drive
388-5422
:.589=001314
388-1536
589-7810
388-3512
589-8857
589-9196
Scott, Don (Mimi) 151 Filbert St. 589-5131
Snipes, John (Emily) 961 Indian River Dr. 589-8836
Stier, Mary (Art) 4524 Hunters Run Circle 725-4494
Grant
>••Van..-Ge:lder:,w. Theo, Nely, •- 6045 River. Run�.Drive 5.89-2008.>id-
Van Wolvelaerd, Marcel, 9947 Oak St 664-9249
Virginia Micco
3 )
18 C,+7
V. 20, p. 1171
I H. 31951
FINANCIAL ASSISTASC'E FOR OUTDOOR RECREATION n2D-5.054
(2) The project ill t.e gra",ed a fi,d
of time equal to the amount granted by the federal
government to complete the proiect. If etn extension
is necessary and permissible by the federal
government, the Executive Director may grant
such extension by execution or an amendment to
the project agreement. The project must then be
completed before the amended termination date.
Should the termination date expire prior to an
extension amendment and final project completion,
the date may be extended, if permissible by the
federal government, at the discretion of the
Executive Director. If not extended, the Executive
Director may dcobligate unexpended program
grant funds and require the project sponsor to
reimburse the Department for any or all
contributions it may have made. The project
sponsor's governing body/agency head must
officially approve execution of an extension
amendment.
(3) For all matters pertaining to
pre -construction requirements and approvals,
changes in the projects, grant reimbursements,
eligible expenses, and project completion, the
approved project shall be administered in
accordance with the grant conditions of Section
62D.5.028, F.A.C.
(4) In addition to conforming to the provisions
of this Section, the project sponsor must comply
with the federal UPARR Guidelines.
Specific Awhnrit 370.021(l). 373.041 FS. Lax•
Implemented 375.0413) FS. Hismn—Neo• 12-21-80.
Formerly16D-5.48. 16D.S.048.
62D-5.049 Project Agreements.
(1) Rehabilitation Grant Project Agreement.
[eff. 12/80, available from Division of Recreation
and Parks.)
(2) Innovative Grant Project Agreement. [elf.
12/80, available from Division of Recreation and
Parks)
Specific Authority 370.02/(1). 375.041 IS. Law -
Implemented 375.04113) IS. Hiarory—New 12-21-80,
Formerly 1617-5.49.16D-5.049.
PART V FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM
62D-5.053 Purpose. The Florida Department
of Environmental Protection (DEP), pursuant to
Sections 370.023 and 375.075, F.S., is authorized
to establish the Florida Recreation Development
Assistance Program (FRDAP) to provide grants to
qualified local governmental entities to acquire or
develop land for public outdoor recreation
purposes. The purpose of this part is to set forth
procedures to govern the program.
Specific Authority 370.023, 375.073 FS. Law
Implemented 375.075 FS. History—n'ex, 1240-90.
Formerly 1617-5.053.
62D-5.054 Definitions. The terms used in this
part are defined as follows:
(1) "ACQUISITION' means the act of
obtaining real property or interests and rights
thereon by various legal means to serve public
outdoor recreation purposes.
,21 "APPLICANT" a Inca)
governmental entity which submits an application
for FRDAP funds io the Department during an
announced application submission period.
(3) "APPLICATION" means a formal request
for FRDAP funds by an applicant consisting of a
project proposal with required documentation.
(4) "APPLICATION SUBMISSION
PERIOD" means the formally announced period of
time provided by the Department for the
submission of FRDAP applications by local
governmental entities as applicants in a single
funding cycle.
(5) "CASH.* means money paid by a grantee to
purchase goods and services from private and
independent sources for accomplishment of an
approved FRDAP project. In-kind service costa are
not defined as cash.
(6) "DEPARTMENT" means the Florida
Department of Environmental Protection.
(7) "DEVELOPMENT" means the act of
physically improving an area, facility, resource or
site to increase its ability or capacity to serve public
outdoor recreation purposes.
(8) "DIVISION OF RECREATION AND
PARKS" means the Division of Recreation and
Parks of the Florida Department of Environmental
Protection.
(9) "DIVISION OF STATE LANDS" means
the Division of State Lands of the Florida
Department of Environmental Protection.
(10) "EVALUATION CRITERIA" means the
standard used to evaluate FRDAP applications.
(11) "FACILITIES" means capital
improvement projects which provide or assist in
providing outdoor recreation opportunities.
(12) "FBIP" means the Florida Boating
Improvement Program administered pursuant to
Chapter 62D-5, Part 111, Florida Administrative
Code.
(13) "FISCAL YEAR" means the State fiscal
year, July 1—June 30.
(I4) "FRDAP" means the Florida Recreation
Development Assistance Program.
(15) "FUNDING CYCLE" means the interval
of time between the start of a FRDAP application
submission period and grant award by the
Governor and Cabinet.
(16) "GOVERNOR AND CABINET" means
the Governor and Cabinet of the State of Florida
sitting as the Head of the Florida Department of
Environmental Protection.
(17) "GRANT" means program funds
authorized by the Governor and Cabinet for release
to a grantee for implementation of an approved
project.
(18) "GRANTEE" means a local governmental
entity receiving FRDAP funds pursuant to an
approved FRDAP application.
(19) "IN-KIND SERVICE COSTS" means
in-house expenses incurred by a grantee for labor
and materials and grantee -owned and maintained
equipment for accomplishment of an approved
FRDAP project.
R. 3; 95).
-620-5.055 DEPARTMENT OF EYt'IRONMENTAL PROTECTION % 20, p. 1172
(201 "LAND VALUE" means the annraised
market value of land used b) a grantee as match to
FRDAP funds.
(21) "LINEAR PARK' means an outdoor area
of linear design that provides or connects active or
passive recreation, park land or open space areas.
(22) "LOCAL COMPREHENSIVE PLAN"
means plans adopted pursuant to Chapter 163,
Florida Statutes.
(23) "LWCF" means the Land and Water
Conservation Fund Program administered
pursuant to Chapter 62D-5. Pan VI, Florida
Administrative Code.
(24) "MATCH" means the provision of cash.
in-kind service costs or value of real property in the
ratio required to be added to FRDAP funds by the
grantee for the project cost.
(25) "NEEDS" means a deficiency or a
necessity to carry out a predetermined level of
Service.
(26) "NEW CONSTRUCTION" means
building of new facilities.
(27) "OPEN SPACE" means an outdoor area
whose purpose is to provide a source of recreation
and contributes to environmental harmony through
the enrichment of flora, fauna and geological
features.
(28) "OUTDOOR RECREATION" means the
pursuit of leisure activities in an outdoor
environment.
(29) "PLAN" means the currently effective
comprehensive outdoor recreation plan for the
State of Florida.
(30) "PREAGREEMENT EXPENSES"
means expenses incurred by a grantee for
accomplishment of an eligible FRDAP project
prior to full execution of a project agreement.
(31) "PROGRAM" means the Florida
Recreation Development Assistance Program.
(32) "PROGRAM AMOUNT" means the
amount of FRDAP funds available during any
funding cycle.
(33) "PROJECT" means a planned
undertaking in which all actions or activities have a
clear-cut identity and a well-defined, common
outdoor recreation objective that has been planned
to the point of definite implementation.
(34) "PROJECT AGREEMENT" means an
executed contract between the Department and a
grantee setting forth mutual obligations regarding
an approved FRDAP project.
(35) "PROJECT COMPLETION DATE"
means the date specified in a project agreement by
Which a grantee shall complete an approved
FRDAP project and incur all grant and match
related expenses.
(36) "PROJECT COST" means the total of a
FRDAP grant award and required match.
(37) "PROJECT ELEMENT" means an
identified segment of a project with related
facilities or improvements.
(38) "PROJECT PERIOD" means the
approved period of time set forth in a project
agreement during which eligible project costs may
be incurred and charged to the grant.
(?o) "PROJFCT SITF" means the spectre
area, defined b) a survey or project boundaO map
and legal description, where FRDAP funds are
used for an appro,ed project.
(40) "REAL PROPERTY" means land and
improvements attached or affixed to the land used
by a grantee to match FRDAP funds.
(41) "RENOVATION/REPAIR" means
restoration of a facility or project area to an
improved state suitable for public use that has
deteriorated due to natural causes to the point
where its usefulness is impaired. Such restoration is
not eligible if deterioration of the facility or project
area is due to inadequate maintenance during its
reasonable lifetime.
(42) "STAFF" means appropriate staff of the
Department.
(43) "A'AIVER OF RETROACTIVITY"
means written Department authorization that an
acquisition or development project may be
commenced by an applicant prior to Governor and
Cabinet approval of a program application. Such
authorization does not imply Governor and Cabinet
approval of a future FRDAP application.
Specific Awbority 370.073. 375.075 FS. Loan
lmplemrmed 375.075 FS. History—A'ra" 12-10-90.
Formerly 10-5.051.
62D-5.055 General Requirements. The
following constitutes the general procedures for the
program:
(1) DISTRIBUTION OF PROGRAM
FUNDS. FRDAP funds are distributed as grants
by the Department on a project -by -project basis to
approved applicants after a competitive evaluation
of eligible program applications submitted within
announced application submission periods. The
Department's performance and obligation tosward
program grants are contingent upon an annual
appropriation by the Florida Legislature.
(2) ELIGIBLE APPLICANTS. All county
governments and incorporated municipalities of the
State of Florida and other legally constituted local
governmental entities of the State with the legal
responsibility for the provision of outdoor
recreation sites and facilities for the use and benefit
of the public may submit FRDAP applications.
(3) PROJECT ELIGIBILITY. FRDAP grants
are awarded to grantees for projects that are for the
sole purpose of providing outdoor recreation
opportunities to the public. Applicants may request
funds for one of the following type of projects:
(a) Acquisition. The acquisition of real property
or interests and rights thereon by various legal
means.
(b) Development. Projects for the construction,
expansion or renovation/repair of the following:
1. Primary Facilities. FRDAP funds may be
awarded for one or a combination of natural or
man-made sites and facilities (e.g., beach access,
fishing piers, boat ramps and docks, canoe trails,
boardwalks and riverwalks, observation towers,
baseball and softball fields, tennis and basketball
courts, playgrounds, hiking, interpretive and
bicycle trails, etc.). Enclosed buildings and
structures are ineligible facilities. Primary facility
t R. J, u 5)
V. 20, p. 1173 FINANCIAL ASSISTAICE FOR OUTDOOR RECREATIO\ 6213-5.055
costs must be equal to. nr premer Than. At-rercent
of the total project cost,
2. Support Facilities and Improvements.
FRDAP funds may be awarded for support
facilities and improvements (e.g.. parking lots. rest
rooms, bathhouses, access roads, landscaping,
lighting, fencing, signs, handicap ramps, etc.)
which could not stand, or would have little or no
recreational value, without the primary outdoor
recreation facilities. Enclosed building and
structures, except for rest rooms and bathhouses,
are ineligible facilities. A bathhouse provides an
area for individuals that participate in swimming
activities to change clothes and may contain rest
room and shower facilities. Support facilities alone
do not constitute an eligible project except for
projects that provide or improve sandy beach
access.
(4) MATCH REQUIREMENTS. Match
requirements for FRDAP grants are set forth
below:
(a) Match Ratios. The following match ratios
apply:
Project Cost State Share Grantee Share
550,000 or less 100% 0
550,001-150,000 75% 25%
Over 5150,000 50% 50%
(b) Eligible Match Types. A grantee may utilize
the following types of match sources:
1. Development Project:
a. Cash
It. In-kind service costs
c. FBTP funds for boating related facilities and
improvements pursuant to Chapter 62D-5, Part
111, Florida Administrative Code.
d. Land value of an undeveloped project site
owned by the applicant when such value is
supported by an approved appraisal prepared
pursuant to Subsection 62D.5.058(7)(e)2. of this
part.
2. Acquisition Project:
a. Cash
b. FBIP funds for boating related projects
pursuant to Chapter 62D-5, Part 111, Florida
Administrative Code.
c. Value of real property donated by the seller
when such value is supported by an approved
appraisal prepared pursuant to Subsection
62D.5.058(6)(f)l. of this part. Improvements
identified as part of donated real property must be
utilized for outdoor recreation purpose, either as
primary or support facilities, when the site is
developed.
(c) Ineligible Match Sources. Ineligible match
sources include those identified in the Department's
Grant and Contract Accountability Policy,
Chapter 16A-1 I, Florida Administrative Code, and
FRDAP and LWCF funds. Land value of property
acquired through FRDAP or other state and
federal grant and land acquisition programs (e.g.,
LWCF, legislative line item projects, Save Our
Coast Program. Conservation and Recreation
Lands Program, Save Our Rivers, etc.) are
ineligible match sources.
t9 ORANT AWAP.f) Th, i,,., r.n,,. ,od
Cabinet shall approve applications to the extent of
asailable program funds based on a review of the
recommended application priority lists of eligible
applications established pursuant to Subsections
62D-5.055(6) and (7) and Section 5.057 of this
part.
16) PROGRAM AMOUNT .ALLOCATION.
For each funding cycle, the Department shall
divide The program amount into two funds: Small
Projects Fund (SPF) and Large Projects Fund
(LPF). The percentage of the program amount that
is allocated to each fund is determined as follows:
(o) Small Projects Fund. The dollar amount of
eligible applications proposing projects that do not
exceed $50,000 in project cost divided by the total
dollar amount of requested funds in all eligible
program applications.
(b) Large Projects Fund. The dollar amount of
eligible applications proposing projects that exceed
$50.000 in project cost divided by the total dollar
amount of requested funds in all eligible program
applications.
(7) RECOMMENDED APPLICATION
PRIORITY LISTS. The program amount
assigned to each fund, established pursuant to
Subsection 62D.5.055(6) of this part, shall be
divided into two categories: acquisition and
development. The fund amount assigned to each
category is based on the percentage of funds in each
category in relationship to the total amount of
requested funds in all eligible project applications
for each fund. Likewise, eligible project
applications shall be divided into acquisition and
development categories in each fund and evaluated
according to Section 62D-5.057 of this part. A total
point some shall be assigned to each application.
Department staff shall prepare two priority lists for
each fund: acquisition and development categories.
Applications shall be ranked on the priority lists
according to assigned point scores. The application
with the highest score will receive the highest
priority. The remaining applications will be
arranged in descending order according to their
assigned point scores. The priority lists shall rank
all eligible applications and include
recommendations for distribution of available
program funds. In the event there are insufficient
applications to account for all program funds
assigned to a category or fund, the remaining funds
may be applied to the other category or fund.
(8) SITE CONTROL. The site of a FRDAP
development project shall be controlled (e.g.,
ownership, lease, permit, management agreement,
etc.) by the grantee by the closing date of the
application submission period. The site shall be
dedicated or managed for public recreation use
pursuant to Section 62D-5.059 of this part.
(9) RETROACTIVE PROJECTS. Land
acquired or developed for public outdoor recreation
purposes prior to the date of project approval by the
Governor and Cabinet may be eligible for FRDAP
consideration. To receive consideration, an
applicant must officially request and obtain a
waiver of retroactivity from Department staff prior
(R. 3/ 95j
62D-5.056 DEPARTMENT OF ENVIRONMENTAL PROTECTION C. 20, P. 1174
to purchasing or commencine development of the
property. The request must include a statement
that the applicant fully understands that granting
of a waiver by the Department is only an
acknowledgement of the need for immediate action
and does not imply FRDAP grant approval by the
Department. The Department shall have thirty
days to review the request and make a
determination. Acquisition or development costs
are incurred at the applicant's risk. An application
for a project for which a waiver has been granted
must be submitted for program consideration by
the applicant no later than one fiscal year following
the fiscal year in which the waiver was granted by
Department staff. In acquiring or developing the
property, the applicant must conform to all
requirements for acquisition and development
projects set forth in this part. Such costs are
identified as pre -agreement costs in the project
agreement if the project receives program approval.
(10) HANDICAPPED - ACCESSIBILITY.
Grantees must comply with Section 553.45-48,
Florida Statutes, and the Uniform Federal
Accessibility Standards.
(11) PUBLIC ACCESSIBILITY. Program
projects shall be accessible to the public on a
non-exclusive basis without regard to age, sex, race,
religion or similar condition.
(12) ENTRANCE FEES. Reasonable
differences in entrance fees for program projects
may be maintained on the basis of residence. Such
fees may be charged if the grantee can clearly show
that the differential in user fees reflects, and is
substantially related to, all economic factors, not
simply related to the amount of total tax dollars
spent by the residents, and that a definite burden on
the grantee in park maintenance costs clearly
justifies a higher fee for nonresidents.
(13) NATIVE PLANTINGS. In developing a
project area with program funds, a grantee shall
use only vegetation native to the area, except for
lawn grasses.
(14) UNSETTLED CLAIMS. The
Department may deny or suspend program
eligibility or withhold grant funds to any applicant
or grantee against which the Department has an
unsettled financial claim.
Specific Am6arity 370.073. 375.075 FS. Low
Implemented 375.073 FS. Hinary—A'e•, 17-10-90.
Formerly 1663.035.
62D-5.056 Application Requirements and
Processing. The following constitutes the general
procedures for application submittal and
processing:
(1) APPLICATION SUBMISSION
PERIOD. The Department shall accept program
applications during Department announced
application submission periods. Applications must
be postmarked on or before the last day of the
announced application submission period. Prior to
December 31, for program funds that will become
available in the next fiscal year, the Department
shall publicize establishment of an application
submission period and other pertinent application
information. The Department may announce
additional application if r,, dr
remain after the initial funding cycle, Submission
periods shall be announced- at the minimum, in the
"Florida Administrative N'eeklc" and the
Department's Division of Recreation and Parks'
local government newsletter entitled the
"Recreation Action Program (RAP)."
(2) MAXIMUM GRANT REQUEST, The
Department shall announce the maximum funds
that an applicant may request in a FRDAP
application when publicizing the establishment of
an application submission period.
(3) NUMBER OF APPLICATIONS. An
applicant may submit only one application during
each application submission period. The
application may deal with no more than one project
area except for acquisition or development of sandy
beach access sites.
(4) ACTIVE PROJECTS. A grantee with two
incomplete FRDAP projects by the closing date of
an announced application submission period, which
were approved by the Governor and Cabinet
following the effective date of this part, shall not
apply for program funds.
(5) DUPLICATE PROJECTS. A grantee shall
not apply for FRDAP funds to complete an
approved FRDAP or LWCF project. An applicant
shall not submit the same application, or project
elements therein, under FRDAP or LWCF in
concurrent or overlapping funding cycles.
(6) APPLICATION FORM. The Florida
Recreation Development Assistance Program
Application Form, DEP Form 42-010, effective
date 12.10-90, is hereby incorporated by reference
and is available from the Department's Division of
Recreation and Parks, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000.
(7) ELIGIBILITY DETERMINATION.
Following closure of an application submission
period, Department staff will review all applicants
for program eligibility and notify applicants of
their ineligibility, when applicable. After
determining the eligibility of an applicant,
Department staff shall review each application and
notify the applicant of the following, if applicable:
(a) Ineligibility. Declaration of the ineligibility
of the application, project element, part or expense.
Applications may be declared ineligible by
Department staff pursuant to Subsection
62D.5.056(7)(d) of this pan.
(b) Reduction. Reduction in project scope and
expenses.
(c) Adjustment. Adjustment of funds based on
available program funds, ineligible expenses or
reduced project scope.
(d) Deficient Documentation. Requesting the
applicant to submit documentation missing from
the application (e.g.. proof of site control,
resolution supporting the application, evaluation
criteria, cost estimate, site development plan,
boundary map, etc.) within a prescribed time
period. An applicant may request, in writing, that
Department staff extend the prescribed time period
to submit deficient application documentation for
R. 3,95)
V. 20, P. 1175 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION 62D-5,057
good cause fag.. federal or slate aeencv review.
mail delays, factors beyond grantee's control, etc.).
(8) APPLICATION EVALUATION. Each
eligible application shall be evaluated on the basis
of the information provided in the application and
in accordance with Section 62D-5.057 of this part.
Each shall be assigned a total point score pursuant
to Subsection 62D-5.055(7) of this part.
(9) UNFUNDED APPLICATIONS.
Department staff shall return all unfunded
applications to applicants at the end of the fiscal
year.
Sperifrr Aurhorirr 370.023. 373.075 FS. Lau
Implemented 373.075 FS. Hi.nori—Nru12-10-90.
Formerly 16D-5.056.
62D-5.057 Evaluation Criteria. In addition to
the provisions set forth in this part, an eligible
application's standing among competing eligible
applications shall be determined by the extent to
which it is determined to meet the criteria set forth
in this section. Pursuant to Subsection
62D-5.055(7) of this part, a total point score shall
be assigned to each eligible application after an
evaluation according to the general criteria and,
depending upon the type of project (acquisition or
development), either the acquisition or
development criteria.
(1) GENERAL CRITERIA.
(a) Pursuant to the applicant's adopted local
comprehensive plan, the project, in whole or in part,
is identified in the capital improvement plan or
schedule:
20 points
— Identified
within
the
applicant's
current or
next
fiscal year.
15 points
— Identified
within
the
applicant's
next three
fiscal
years.
10 points
— Identified
within
the
applicant's
next five
fiscal
years.
(b) The extent to which the project would
implement the outdoor recreation goals, objectives
and priorities specified in the currently effective
state comprehensive outdoor recreation plan: 4
points.
(c) The extent to which the project would
provide for priority resource or facility needs in the
region as specified in the currently effective state
comprehensive outdoor recreation plan: 7 points.
(d) The project is a result of the applicant's
public participation process: 21 maximum points.
+ 10 points — Presentation at a
preadvertised announced
public meeting solely for the
discussion of the proposed
project.
7 points — Presentation at a regularly
scheduled advisory board
meeting.
4 points — Presentation to community
organizations, neighborhood
associations, opinion survey.
W The proiect is for linear nark nurposes: 13
points.
(f) The project is for preservation purposes (e.g.,
historic, archaeological, cultural, etc.) and has been
verified through the Florida Department of State
by the applicant: 7 points.
(g) The applicant has the capability to develop,
operate and maintain the project:
8 points — Has a full-time recreation or
park department staffed to
provide facility development,
programming and
maintenance capabilities.
4 points — Has demonstrated the
existence of a full-time
ability to provide facility
development, programming
and maintenance
capabilities.
(2) DEVELOPMENT CRITERIA.
(a) The project provides for new development of
entirely undeveloped park property:5 points.
(b) The project provides new or additional types
of recreation facilities and opportunities:
15 points — 3 Facilities or more.
10 points — 2 Facilities.
5 points — 1 Facility.
(c) The project provides renovation of existing
recreation facilities:
13 points — 3 Facilities or more.
9 points — 2 Facilities.
4 points — I Facility.
(d) The project provides new or renovated
support facilities and improvements to existing
recreation areas (e.g., parking, rest rooms, utilities,
etc.): 15 points.
(e) The project provides developed pedestrian
access to or along water resources (e.g., trails,
boardwalks, dune walkovers, etc.): 7 points.
(f) The project provides facilities for
recreational use of water resources (e.g., boat
ramps, swimming docks, fishing piers, etc.): 12
points. .
(g) The project provides a facility identified in
the priority of new construction needs or
renovation/repair needs within the applicant's
population density set forth in the current study
entitled "An Infrastructure Assessment of Local
Government Recreation and Paik Department
Facility Needs in the State of Florida": 12 points.
(h) The project, in whole or in part, addresses
the priority of infrastructure funding needs set
forth in the applicant's population density in the
current study entitled "An Infrastructure
Assessment of Local Government Recreation and
Park Department Facility Needs in the State of
Florida":
13 points — Higher priority or
combination of new
construction and renovation/
repair.
8 points — Lower priority.
(R. 3i p5f
62D-5.058 DEPARTMENT OF ENVIRONMENTAL PROTECTION V. 20. P. 1176
(3) ACOUISITION CRITERIA.
(a) Project assists in censen'mg and protecting
environmentally unique, irreplaceable and valued
ecological resources (c.g., flora. fauna, natural
communities and other special features) identified
in the Florida Natural Areas In, entoy: 13 points.
(b) The project provides frontage on water
bodies (e.g.. rivers, wetlands, lakes, oceans, etc.): 6
points.
(c) The project provides for user -based
recreation facilities (e.g.. baseball fields, basketball
courts, soccer field, swimming pools, etc.): 15
points.
(d) The project prtwides the following pursuant
to the applicant's adopted local comprehensive
plan: 23 maximum points.
15 points — Needed acreage.
8 points — Needed distribution of
acreage.
(e) The project provides land for recreation,
park land or open space purposes where none exists
in the applicant's jurisdiction: 13 points.
(f) The applicant has identified development of
the property in its five-year capital improvement
plan or schedule: 3 points.
(4) TIE-BREAKER SYSTEM. If two or more
applications receive the same score as a result of the
above evaluation, the following tie-breaker system
will be used to decide the priority ranking among
them. Tied applications will be evaluated according
to each step of the tie-breaker system in order and
will be assigned their priority accordingly.
(a) Step I — Funding History. An order of
priority among those applications with equal scores
shall be established based on the per capita amount
of funds previously received by the applicant
through FRDAP during the previous five fiscal
years. The application from the applicant having
the lowest per capita amount of funds receives the
highest priority. Other applications will be
arranged in descending order inversely to their
applicants' per capita amount of funds received.
The resident population within the applicant's
jurisdictional boundaries shall be utilized to
compute the applicant's per capita amount of funds
received.
(b) Step 11 — Per Capita Operating Budget.
The applicant with the lowest per capita
expenditure of general operating funds receives the
highest priority. The resident population within the
applicant's jurisdictional boundaries will be divided
into the applicant's current fiscal year total general
operating budget to obtain the per capita operating
fund amount.
Specific Authority 370.013, 37.5.075 FS. Low
lmplenremed 375.075(11 FS. History—New 12-10-90.
Fo.rncrh16D-5.057.
62D-5.058 Grant Administration. The following
constitutes procedures for administration of
program grants:
(1) PROJECT AGREEMENT. Once a project
application is approved by the Governor and
Cabinet, the Department and grantee shall enter
into a project agreement which sets forth the
responsibilities and dunev of each regarding
administration of the approved project. The project
agreement shall incorporate terms and conditions
as particular circumstances dictate.
(2) PAYMENT BASIS. Grantees arc paid
approved program funds bt the Department
subject to the following conditions:
(a) Project Costs. Payment of project costs are
made if eligible as provided for in this part and the
project agreement. Costs shall be incurred between
the effective date of. and the project completion
date identified in, the project agreement with the
exception of pre -agreement costs. Costs for
appraisals, sunns (bnundary and topographic),
title searches and project signs are eligible project
expenses. If the total cost of the project exceeds the
grant amount and required match, the grantee
must absorb the additional cost.
(b) Cost Limits. Project planning expenses (e.g.,
application preparation, architectural and
engineering fees, permitting fees, project
inspection, etc.) are eligible project costs provided
such costs do not exceed fifteen (15) percent of the
project cost. Such costs shall be incurred between
two years prior to opening date of the application
submission period and the completion date
specified in the project agreement.
(c) Retention. For development projects, the
Department shall retain not less than len percent
(10%) of the grant award until the grantee
completes the project and Department staff
approves the completion documentation set forth in
Subsection 62D-5.058 (7)(d) of this part.
(3) ACCOUNTABILITY. The following
procedures shall govern the accountability of
program funds:
(a) Accounting System. Each grantee is
responsible for maintaining an accounting system
which meets generally accepted accounting
principles and for maintaining financial records to
properly account for all program and matching
funds.
(b) Grant and Contract Accountability Policy.
The grantee shall ensure the requirements of the
Department's Grant and Contract Accountability
Policy, Chapter 16A -I1, Florida Administrative
Code, are met.
(4) PROJECT COMPLETION
CERTIFICATION. The grantee shall submit to
the Department a Project Completion Certificate,
DEP Form 42-056, effective date 12.10-90, hereby
incorporated by reference and available from the
Department's Division of Recreation and Parks,
3900 Commonwealth Boulevard, Tallahassee,
Florida, 32399-3000.
(5) REVERTED PROJECT FUNDS. FRDAP
funds remaining after termination ora grant award
or grantee completion of an approved project are
subject to the provisions of Chapter 216.301,
Florida Statutes. If any funds awarded during a
funding cycle are not accepted by the grantee or
become available before termination of the fiscal
Year for which appropriated, the Department may
apply the funds in priority order to unfunded
applications remaining on the Governor and
t R. J, 95)
V. 20, p. 1177 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION 62D-5.058
Cabinet approved �rCnmmeodrd Pnplic";on
priority lists.
(6) ACQUISITION PROJECTS. The
following consthmeq the specific procedures for
administration of acquisition projects:
(a) Grant Period. If allowed by Chapter
216.301, Florida Statutes, the grantee will have up
to one year from the effective date of the project
agreement to purchase the project. Department
staff will extend this period for good cause (e.g.,
financial hardship, public controversy, factors
beyond grantee's control, etc.) at the written
request of the grantee.
(b) Ownership. Title to land acquired with
program funds shall veal with the grantee.
(c) Procurement. The grantee shall purchase the
property according to its adopted acquisition
methods.
(d) Assumption of Title. The grantee shall not
purchase the property until the project agreement
is fully executed and Department staff approves the
commencement documentation required by
Subsection 62D -5.058(6)(q of this part, unless
otherwise specified in this part.
(e) Site Development. The grantee will have up
to three (3) years from the completion date set
forth in the project completion certificate to
develop the property, unless extended by
Department staff for good cause (e.g., financial
hardship, public controversy, material shortage,
unfavorable weather conditions, factors beyond
grantee's control, eta) at the written request of the
grantee.
(f) Commencement Documentation. Prior to
commencement of acquisition procedures, the
grantee shall submit for Department staff approval
the documentation described in the Florida
Recreation Development Assistance Program
Acquisition Project Commencement
Documentation Form, DEP Form 42.005, effective
date 12-10.90, hereby incorporated by reference
and available from the Department's Division of
Recreation and Parks, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399.3000.
I. Appraisal. Prior to Department staff
authorizing the grantee to commence acquisition
procedures, the grantee shall submit to the
Department an appraisal, prepared in accordance
with the uniform standards of professional
appraisal practices, which establishes the market
value of the project site. The market value of the
project site shall be based on its highest and best
use. If the property is $500,000 or less in appraised
value, one appraisal is required. If the property
exceeds 5500,000 in appraised value, two
appraisals are required. The appraisal(s) shall be
dated no earlier than six months prior to the closing
date of the application submission period and
prepared by an appraiser included on the list of
approved appraisers maintained by the
Department's Division of State Lands. The list of
approved appraisers may be obtained from the
Division of State Lands, Bureau of Appraisal, 3900
Commonwealth Boulevard, Tallahassee, Florida,
32399-3000. The Bureau of Appraisal shall
—prnvr she -;— .n hrra.tmem
release of program funds to the grantee. If two
appraisals are required for the prgiect. the lower of
the approved appraised values is the basis of the
acquisition cost for program purposes,
2. Survey. For all acquisition projects, the
grantee shall submit to the Department a survey of
the project site following Governor and Cabinet
approval of the application and prior to staff
authorizing the grantee to commence acquisition
procedures. The survey shall include a legal
description of the property, be updated to within
one year of the closing date of the application
submission period and be prepared by a Florida
registered land surveyor. Department staff will
allow the grantee to submit other boundary
documentation (e.g., sketch of description, legal
description. etc.) for good cause (e.g.. excessive
cost, factors beyond the grantee's control, etc.) at
the written request of thegrantee. Along with the
survey or other Department staff approved
boundary information, the grantee shall submit the
results of a title search for the project area. The
search shall cover the five-year period prior to
Governor and Cabinet approval or the project.
(g) Completion Documentation. After
completion of acquisition procedures and prior to
receiving the final program payment, the grantee
shall submit for Department staff approval the
documentation described in the Florida Recreation
Development Assistance Program Acquisition
Project Completion Documentation Form, DEP
Form 42-006, effective date 12.10-90, hereby
incorporated by reference and available from the
Department's Division of Recreation and Parks,
3900 Commonwealth Boulevard, Tallahassee,
Florida, 32399.3000.
(7) DEVELOPMENT PROJECTS. The
following constitutes the specific procedures for
administration of development projects:
(a) Grant Period. If allowed by Chapter
216.301, Florida Statutes, the grantee will have up
to three (3) years from the effective date of the
project agreement to complete the project.
Department staff will extend this period for good
cause (e.g., financial hardship, public controversy,
material shortage, unfavorable weather conditions,
factors beyond grantee's control, etc.) at the
written request of the grantee.
(b) Procurement of Goods and Services. The
grantee shall secure all goods and services for
accomplishment of the project according to its
adopted procurement procedures.
(c) Commencement Documentation. Prior to
commencement of project construction, the grantee
shall submit for Department staff approval the
documentation described in the Florida Recreation
Development Assistance Program Development
Project Commencement Documentation Form,
DEP Form 42-005, effective 12 -Id -90, hereby
incorporated by reference and available from the
Department's Division of Recreation and Parks,
3900 Commonwealth Boulevard, Tallahassee,
Florida, 32399-3000.
'IR. 3/95f
62D-5.059 DEPARTMENT OF ENVIRONMENTAL PROTECTION N. 20, p. II7R
I. Project Preconstrunion Certification. The
grantee shall submit to the Department a Project
Preeonsiruction Certificate, DEP Form 42-043,
effective darn 12.10.00. hereby incorporated by
reference and available from the Department's
Division of Recreation and Parks, 3900
Commonwealth Boulc,ard, Tallahassee, Florida
32399-3000 upon request.
2. Land Value Appraisal. Prior to Department
staff authorizing the grantee to commence
construction of a proiect utilizing land value as
match, in whole or in part. the grantee shall submit
to the Department an appraisal, prepared in
accordance with the uniform standards or
professional appraisal practices, which establishes
the land value of the project site based on its market
value. The market value of the project site shall be
based on its highest and best use. The appraisal
must be dated no earlier than one year prior to the
closing date of the application submission period
and prepared by an appraiser on the list of
approved appraisers maintained by the
Department's Division of State Lands. The list of
approved appraisers may be obtained from the
Division of State Lands. Bureau of Appraisal, 3900
Commonwealth Boulevard, Tallahassee, Florida,
32399-3000. The Bureau of Appraisal shall
approve the appraisal prior to Department release
of approved FRDAP funds to the grantee.
Approved land value not utilized by the grantee for
match on an approved program project may be
used as matching funds on a subsequent approved
project within two years after Governor and
Cabinet approval of the initial project. Approval of
such use must be authorized in writing in advance
by Department staff and only for one additional
project.
3. Permits. The grantee shall obtain all required
state and federal environmental construction
permits and approvals prior to commencement of
project construction. For projects approved
pursuant to this part in fiscal year 92-93 and
thereafter, the grantee shall obtain all such permits
and approvals prior to April 30 in the fiscal year for
which program funds were appropriated. The
grantee must certify that all such permits and
approvals were obtained. If not, the Department
will terminate the program agreement and allocate
the program funds pursuant to Subsection
62D-5.055(7) of this part. A grantee awarded
funds following termination of a project agreement
pursuant to this subsection must obtain all such
permits and approvals within ten (10) months after
execution of the project agreement and must so
certify to the Department. If not, the Department
will terminate the project agreement, and the
program funds will revert pursuant to Subsection
62D-5.058(5) of this part. Department staff will
extend the period of time for the grantee to submit
such permits and approvals for good cause (e.g.,
mail delivery, state br federal agency review,
factors beyond grantee's control, etc.) at the
written request of the grantee.
4. Boundary Map. For all development projects,
the grantee shall submit to the Department a
boundary man of the prnirct dhr The mef mint
provide a description and sketch of the site's
boundaries- display known casements and be
legally sufficient to idemifv the arca which is
afforded protection under 62D-5.059(1) under this
pan. It must be dated and signed by the grantee.
.Along with the map, the grantee shall submit the
results of a title search for the project area. The
search shall cover the five -rear period prior to
Governor and Cabinet approval of the project.
(d) Completion Documentation. Upon
completion of the project and prior to release of the
final payment, the grantee shall submit for
Department staff approval the documentation
described in the Florida Recreation Development
Assistance Program Project Development
Completion Documentation Form, DEP Form
42-006, effective 12-10-90, incorporated by
reference and available from the Department's
Division of Recreation and Parks, 3900
Commonwealth Boulevard, Tallahassee. Florida,
32399-3000.
(e) Inspections. Department staff shall perform
an on-site inspection of the project site to ensure
compliance with the project agreement prior to
release of the final grant payment.
Sperijrc Authority 370.023. 375.075 FS, Lmv
Implemented 375.075 FS. Hi.rrnry—,A'r%- 12-10.00,
Formerly 14D-5.058.
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, shall be dedicated in perpetuity as
an outdoor recreation site for the use and benefit of
the public. The dedication must be recorded in the
public property records by the grantee. Land under
control other than by ownership of the grantee
(e.g., lease, permit, management agreement or
other similar instrument, etc.) and developed with
program funds shall be managed as an outdoor
recreation area for the public for a minimum period
of twenty-five (25) years from the completion date
set forth in the project completion certificate.
(2) MANAGEMENT OF PROJECT SITES.
Grantees shall ensure that projects on
grantee -owned lands, purchased or developed with
FRDAP funds, shall be managed for outdoor
recreation purposes for a minimum period of
twenty-five (25) years from the completion date set
forth in the project completion certificate. Lands
developed with FRDAP funds, but controlled by
means other than ownership, shall be managed as
an outdoor recreation site for a minimum period of
twenty-five (25) years after the completion date set
forth in the project completion certificate. All
projects shall be open at reasonable times and shall
be managed in a safe and attractive manner
appropriate for public use.
(3) CONVERSION. Should a grantee, within
the periods set forth in Subsections 62D-5.059(1)
and (2), convert all or part of the project site to
other than Department staff approved recreational
uses, the grantee shall replace the area, facilities,
!R. 3, 931
Ar. 20, P. 1179 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION 62D-5.061
resource or site at its own expense with an
acceptable project of comparable scope and
quality.
(4) NON-COMPLIANCE. The Dcpartment
shall have the right to terminate a project
agreement and demand return of the program
funds (including applicable interest) for
non-compliance by a grantee. Failure by a grantee
to comply with the provisions of this part or the
project agreement shall result in the Department
declaring the grantee ineligible for further
participation in FRDAP until such time as
compliance has been obtained to the satisfaction of
the Department.
(5) REFUND. Should the Department for any
reason demand from the grantee a refund, in whole
or in part, of the funds provided under terms of the
project agreement, the grantee shall refund the
amount to the Department upon its request.
Disputes shall be handled in accordance with
Chapter 120, Florida Statutes.
(6) POST COMPLETION INSPECTIONS.
Department staff shall periodically inspect
completed program projects to ensure compliance
with Subsections (1), (2) and (3) of this section.
Specific Authority 370.0:3. 373.053 FS. Lax
Implememed 373.073 FS. History—h.eM, 12-10-90.
Formerly 160.3.059.
PART VI LAND AND WATER
CONSERVATION FUND PROGRAM
62D-5.060 Purpose. The federal Land and
Water Conservation Fund Program (LWCF),
established by the U.S. Congress upon enactment
of the Land and Water Conservation Fund Act of
1965 (Public Law 88.578, 78 Statute 897, as
amended), provides matching grants to the State of
Florida, and through the State to governmental
entities, for the acquisition and development of
outdoor recreation purposes. The National Park
Service (NPS) and the Florida Department of
Environmental Protection (DEP) administer the
program on behalf of the U.S. Department of the
Interior and the State of Florida, respectively.
After federal apportionment, NPS provides L%VCF
funds to the State of Florida and the Florida
Legislature provides expenditure authority to DEP.
The purpose of this part is to set forth policies and
procedures for the Department of Environmental
Protection to implement the program. DEP is
authorized to participate in the LWCF program
pursuant to Chapter 375.021(3), Florida Statutes.
Specific Atahorf r 370.023 FS. Lox, Implemented
375.021, 375.041 FS. Hirrari—Aba� 12-10-90. Formerly
1665.060.
62115.061 Definitions. The basic terms
utilized in this part are defined as follows:
(1) "ACQUISITION' means the act of
obtaining real property or interests and rights
therein by various legal means to serve public
outdoor recreation purposes.
(2) "APPLICANT' means a local
governmental entity which submits an application
for LNrCF funds to the Department daring an
announced application submission period.
(3) "APPLICATION' means a formal request
for LWCF funds by an applicant consisting of a
project proposal with required documentation.
(4) "APPLICATION SUBMISSION
PERIOD" means the formally announced period of
time announced by the Department for the
submission of LWCF applications by local
governmental entities in a single funding cycle.
(5) "CASH" means money paid by a grantee to
purchase goods and services from private and
independent sources for accomplishment of an
approved LWCF project. In-kind service costs are
not defined as cash.
6) "DEPARTMENT' or "DEP" means the
Florida Department of Environmental Protection.
(7) "DEVELOPMENT' means the act of
physically improving an area, facility, resource, or
site to increase its ability or capacity to serve public
outdoor recreation purposes.
(8) "DIVISION OF RECREATION AND
PARKS" means the Division of Recreation and
Parks of the Florida Department of Environmental
Protection.
(9) "DIVISION OF STATE LANDS" means
the Division of State Lands of the Florida
Department of Environmental Protection.
(10) "EVALUATION CRITERIA" means the
standards used to evaluate LWCF applications.
(11) "FACILITIES" means capital
improvement projects which provide or assist in
providing outdoor recreation opportunities.
(12) "FBIP" means the Florida Boating
Improvement Program administered pursuant to
Chapter 62D-5, Part Ill, Florida Administrative
Code.
(13) "FISCAL YEAR" means the State fiscal
year, July I —June 30.
(14) "FRDAP" means the Florida Recreation
Development Assistance Program administered
pursuant to Chapter 62D-5, Part V, Florida
Administrative Code.
(15) "FUNDING CYCLE" means the interval
of time between .the opening of a LWCF
application submission period and grant award by
NPS.
(16) "GOVERNOR AND CABINET' means
the Governor and Cabinet of the State of Florida
sitting as the Head of the Florida Department of
Environmental Protection.
(17) "GRANT' means program funds
authorized by NPS for release to the State, and by
the Governor and Cabinet for release to a grantee,
for implementation of an approved program
project.
(I8) "GRANTEE' means a local governmental
entity receiving LWCF funds pursuant to an
approved LWCF application.
(19) "IN-KIND SERVICE COSTS' means
in-house expenses incurred by a grantee for labor
and materials and grantee owned and maintained
equipment for accomplishment of an approved
LWCF project.
° (R..f/93')
620-5.062 DEPARTMENT OF ENVIRONMENTAL PROTECTION C. 211, P. 1180
(20) "LAND VALLE" means the appraised
s-alue of donated land used bs a grantee as match to
LWCF funds.
(21) "LINEAR PARA' means an active or
passive outdoor area of linear design that provides
or connects recreation. park land or open space
areas.
(22) "LOCAL COMPREHENSIVE PLAN"
means plans adopted pursuant to Chapter 163.
Florida Statutes.
f23) "LWCF' means the I -and and Water
Conservation Fund Program.
(24) "MANUAL" means the Land and Water
Conservation Fund Program Grants Manual
published by the National Park Service of the
United States Department of the Interior.
(25) "MATCH" means the provision of cash,
in-kind services and value of donated real property
in the ratio required to be added to LWCF funds by
the grantee for the project cost.
(26) "NEEDS" means a delii'ciency or a
necessity 10 carry Out a predetermined level or
service.
(27) "NENk' CONSTRUCTION" means
building new facilities.
(28) "NPS" means the National Park Serviceof
the United States Department of the Interior.
(29) "OPEN SPACE" means an outdoor area
whose purpose is to provide a source of recreation
and contributes to environmental harmony through
the enrichment of flora, fauna and geological
features.
(30) "OUTDOOR RECREATION" means the
pursuit of leisure activities in an outdoor
environment.
(31) "PLAN" means the currently effective
comprehensive outdoor recreation plan for the
State of Florida.
(32) "PREAGREEMENT EXPENSES"
means expenses incurred by the grantee for
accomplishment of an eligible LWCF project prior
to execution of a project agreement.
(33) "PROGRAM" means the Land and Water
Conservation Fund Program.
(34) "PROGRAM AMOUNT' means the
amount of LWCF funds available during any
funding cycle.
(35) 'PROJECT' means a planned
undertaking in which all actions or activities have a
clear-cut identity and a well-defined common
outdoor recreation objective and which has been
planned to the point of definite implementation.
(36) "PROJECT AGREEMENT' means
separate executed contracts between the
Department and NPS and the Department and a
grantee setting forth mutual obligations regarding
an approved LWCF project.
(37) "PROJECT COMPLETION DATE"
means the date specified in a project agreement by
which the grantee shall complete an approved
LWCF project and incur all grant and match
related expenses.
(38) "PROJECT COST" means the total of the
LWCF grant award and required match.
(39) "PROJECT ELFMFNT" means an
identified segment of a project rrith related
facilities or improvements.
(40) "PROJECT PERIOD" means the
approved period of time set forth in a project
agreement during which eligible project costs may
be incurred and charged to the grant.
(41) "PROJECT SITE" means the specific
area, defined be a survey or project boundary map
and legal description, where LWCF funds are used
for an approved project.
(42) "REAL PROPERTY" means land and
improvements attached to or affixed to the land
used by the grantee to match LWCF fonds.
(43) "RENOVATION/REPAIR" means the
restoration of a facility or project area to an
improved stale suitable for public use that has
deteriorated due to natural causes to the point
where its usefulness is impaired. Such restoration is
not eligible if deterioration of the facility or project
area is due to inadequate maintenance during its
reasonable lifetime.
(44) "STAFF' means appropriate staff of the
Department.
(45) "STATE" means the State of Florida.
(46) "WAIVER OF RETROACTIVITY"
means written Department authorization that an
acquisition project may be commenced by an
applicant prior to National Park Service approval
of a program application. Such authorization does
not imply Governor and Cabinet or NPS approval
of a future LWCF application.
Specific Aurhorily 370.073 FS. Low lmplemenred
373.071. 375.041 FS. Hisrory—New 17-1040. Formerly
16D-5.061.
62D-5.062 General Requirements. The following
constitutes the general procedures for the program:
(1) DISTRIBUTION OF PROGRAM
FUNDS. LWCF funds are distributed as grants by
the Department on a matching, project -by -project
basis, to approved applicants after a competitive
evaluation of eligible program applications
submitted within announced application
submission periods. The Department's
Performance and obligation to award program
grants are contingent ' upon an annual
apportionment from NPS and expenditure
authorization by the Florida Legislature.
(2) MANUAL. The Department, applicants
and grantees shall meet all program requirements
set forth in the Land and Water Conservation Fund
Grants Manual. The manual is hereby
incorporated by reference and excerpts are
available from the Department's Division of
Recreation and Parks, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000.
(3) PLAN. All projects receiving grant
assistance through LWCF shall implement the
currently effective statewide comprehensive
outdoor recreation plan.
(4) ELIGIBLE APPLICANTS. All county
governments and incorporated municipalities of the
State of Florida and other legally constituted local
governmental entities with the legal responsibility
for the provision of outdoor recreation sites and
2p 21 22 ??
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The Division of Recreation and Parks is in the process of establi ecr
ation Facility Design Share Program to enhance both local and s e
and park planning efforts. This program, when fully operative, will provide for a
variety of recreation facility designs from which an agency can select and use at no
cost. The Division of Recreation and Parks currently has several designs available
which include different size picnic shelters, restrooms, bathhouses, boardwalks,
pole hams, equipment shelters / maintenance shops, and information kiosk.
We are asking that you consider allowing any facility designs used on your grant
project to be placed in the Recreation Facility Design Share Program for others
to use. If your agency is working with a consultant on this project, please be
certain that any facility designs used on this project become the property of your
agency when the project is completed.
For information on this Recreation Facility Design Share Program, please
contact:
Collier Clark
Bureau of Design and Construction
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 520
Tallahassee, Florida 32399-3000.
(904) 488-3538 or Suncom 278-3538.
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