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HomeMy WebLinkAbout11192008Specialcrtv c~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING CITY OF SEBASTIAN APPLICATION STAN MAYFIELD WORKING WATERFRONTS GRANT PROGRAM WEDNESDAY, NOVEMBER 19, 2008 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Special City Council Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. A moment of silence was held. 3. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner Interim City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Deputy Police Chief, Michelle Morris MIS Systems Analyst, Rob Messersmith Special City Council Meeting November 29, 2008 Page Two 4. RESOLUTION NO. R-08-28 -Approving City of Sebastian Application for the Stan Mayfield Working Waterfronts Grant Program (City Manager Transmittal, R-08-28, and Grant Application to be Delivered 11/17/08) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A CITY OF SEBASTIAN APPLICATION FOR THE STAN MAYFIELD WORKING WATERFRONTS GRANT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained there were two resolutions and two applications to the Stan Mayfield Working Waterfront Grant program before Council for consideration. He said the grant is to further the protection and continuation of working waterfronts in the State of Florida and it was broken down further into two parts that he would identify as Part A, the nucleus of the waterfront; and Part B, the things that can go around the working waterfront. (see attached) He said in his experience, the grant point values are centric on Part A which has been applied for by the Sebastian Fisherman's Landing, Inc. and the City's application, Part B called the "Sebastian Working Waterfront Collaborative" will work in unison with Part A. He also said Indian River County (IRC) Commissioner Chairman Wesley Davis has stipulated he would help seek funding from his peers. He said the other option for consideration is the "Sebastian Riverview Park Marina" application which is a good project that will enhance the City's plans, but cannot be hooked to Part A because of proximity. He noted a match is not required for either applications but it does gain application points. The City Manager explained the properties would be taken off the tax rolls but the project's benefit would outweigh that income. He recommended Council submitting the "Sebastian Working Waterfront Collaborative" Stan Mayfield Working Waterfront grant application, give support for the Sebastian Fisherman's Landing application with multi jurisdictional support, and allocating up to $378,750 from the CRA for grant match. He advised he requested a special IRC Board of County Commission meeting for Friday, November 22, 2008 to seek support and allocate some funds for the application. Public Input Joe Scozzari, 1401 Thornhill Lane, said it is a great idea but cautioned the working waterfront will increase the truck traffic on Indian River Drive. He said the best bet is to take Damien's property right next to the Yacht Club. Special City Council Meeting November 19, 2008 Page Three Mason Bowen, 365 Orange Avenue, commercial fisherman, said trucks are on Indian River Drive now, the thought to remember the pioneers was commendable, and the two properties go well together. Louise Kautenburg, said she is mystified at the idea of wanting a fishing village atmosphere but don't want the boats or trucks. She said she is in favor of this and demanded that Council give their very best effort to the project as though they were going to live forever. Ed Herlihy, 474 Seagrass said he supports the grant to purchase the Hurricane Harbor and Entertainment Center, said we needed a WOW factor such as a working waterfront to get Sebastian on the tourist map. Beth Mitchell, 598 Futch Way, Sebastian resident, said according to the CRA master plan, Sebastian and Roseland area reached a milestone in 1920 when it was established there were over 200 residents and was considered an established fishing village and since 1990 citizens have worked to preserve the unified old fishing village theme. She also said the Sebastian comprehensive future land use plan supports the theme. She spoke in favor of staff's recommendation. Tom Collins, Capt'n Hiram's, said they support the grant, commercial boating is what Sebastian is all about and the purchase of Hurricane Harbor and the Entertainment Center are logical acquisitions now. Don Wright, N. Fischer Circle, said he has been a commercial fisherman and hauling fish further away to sell was less profitable, and the truck traffic could not be any more than the existing restaurant trucks, and he supports the proposal. Lisanne Monier, resident of the CRA district, read from a 30 year old Sebastian River Area guide encouraging citizen participation to improve the City to work, live, and grow; and she thanked the Sembler family for their efforts. She said a personal friend in Cortez, Florida owns three working fish houses that are very profitable. The City Manager summarized the option that Council could apply for a) the collaborative grant, b) the marina grant, or c) both grants. MOTION by Ms. Coy and SECOND by Mr. Hill to approve the Sebastian working waterfront collaborative grant with allocating up to $378,750 from the CRA for a grant match. Council Discussion Mr. Wolff asked the Interim City Attorney for the definition of the working waterfront. Special City Council Meeting November 19, 2008 Page Four While the Interim City Attorney was looking for the definition, Mr. Wolff asked the City Manager what the attainable score was for the collaborative grant, and what the City tallied. The City Manager said the total attainable was 185 points and staff tallied 150 points for the City's grant. In response to Mr. Wolff's question regarding the funding match, the City Manager said a in his opinion that if a City provides a match in a grant which is worth five points, it proves the City is serious and interested. In response to Mr. Wolff, the City Manager explained the he speculated the County wanted to get involved because they thought fishing heritage is an important goal, he didn't ask the County about the Paradise Marina grant because the Marina grant did not fit in either Part A or B, the lower CRA allocation is requested because the seller did not receive interest with his asking price, and the County is not willing to fund as much as originally thought. The City Manager explained the grant is submitted, the announcement will come in January, the State will be the broker, do the appraisal, purchase the property, and deed it to the City. Mr. Wolff asked what happens should the commercial enterprise not succeed. The City Manager said the State would take over, and the money will come from the State, recreational monies, and CRA monies to feed businesses, job creation and new investments. The City Manager said he could be held accountable because his name is on this proposal and he is trying to build a consensus to work and create a vision. Mr. Wolff said Council has a fiduciary responsibility to the taxpayers. The Interim City Attorney said the working waterfront definition Part A and Part B comes from the FCT in implementing the Statute, and he read Part A from the grant application, Florida Administrative Code 9K-9.002(25) and continued to explain when FCT assigns points, they include items described in Part B, and 9K-9.006(5)(c) and (6)(a-c) which assign points to the applications. Mr. Wolff asked if Part A can stand alone from Part B especially with the notation of the word "or" between the paragraphs, and the Interim City Attorney said too much is read into the specific language and the State sees Part A and B broader and inter-related. The City Manager pointed out that a commercial dock facility is 12 points which aims towards the Part A. Mr. Wolff pointed out that he didn't ask about the Flagship Marina because he was told today that the City of Fellsmere was interested in the Marina. Special City Council Meeting November 19, 2008 Page Five Mayor Gillmor called recess at 7:21 p.m. and reconvened at 7:33 p.m. All members were present. Ms. Simchick said the Sebastian Fisherman's Landing grant does enhance our application with proximity and noted more points might be scored if the grant was revamped with a more historical tourism aspect as an economic benefit to the community. She said Michael Float, President of the Sebastian Historical Society, would personally help with the historical aspect. Ms. Simchick also noted a $50,000 historical grant coming up that could help plan this project with another grant coming up in the spring. Mayor Gillmor said this is a win/win situation and the Entertainment Center could be started on right away with eco-tourism. Mr. Hill said this is an exciting time for Sebastian and feels confident with the Sembler family that has been here for 107 years. Ms. Coy said she was impressed with the project manager for the Sebastian Fisherman's Landing, this is the City's opportunity to restore the fisherman image, partner with other jurisdictions, and do something special for our community. The Interim City Attorney read Resolution No. R-08-28 by title and reiterated the motion was for Resolution No. R-08-28 for the single grant application. Result of the roll call: Ayes: Hill, Coy, Simchick, Wolff, Gillmor Nays: None Passed 5-0 The Interim City Attorney announced there were a number of County and regional meetings coming up in December that needed representation and asked for permission to bring this to the floor before adjournment for the City Clerk. Council agreed. The City Clerk stated the County and Vero Beach can attend an ISBA meeting on December 15, 2008 at 5:00 p.m. It was the consensus of Council that this was a good date. Mayor Gillmor offered to take the December 2"d County Commission meeting and Ms. Coy offered to monitor the December Stn County Commission meeting. Mr. Hill offered to attend the Chamber of Commerce meeting on December 18tH in place of Mr. Wolff. (meeting is actually December 11tH) Special City Council Meeting November 19, 2008 Page Six Mr. Gillmor offered to attend the Tourist Development Council meeting on December 4m The City Clerk explained the MPO needed two Sebastian votes for their December 10th meeting and alternate Mr. Wolff offered to attend as well as Ms. Simchick. Mr. Hill offered to attend the Treasure Coast Regional Planning Council Meeting on December 12th in Stuart. 5. Being no further business, Mayor Gillmor adjourned the special meeting at 7:53 p.m. Approved at the December 10th Regular City Council Meeting. Richa . G~ Imor, Mayor ATTEST.' ~- Sal y aio, MM -City CI Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 THE PRELIMINARY TEXT OF THE PROPOSED RUL,I/ DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE. FINANCIAL SERVICES COMMISSION Finance RULE NO.: RULE TITLE: 69V-40.002 Adoption of Forms PURPOSE AND EFFECT: During the regular 2008 legislative session, the Florida Legislature passed HB 5049, which amended Section 494.0033, F.S., to reduce the mortgage broker license application fee from $200 to $195. This bill was signed into law (Chapter 2008-135, Laws , of Florida) by Governor Crist. Form OFR-494-03, Application for Licensure as a Mortgage Broker, which is incorporated by reference in Rule 69V-40.002, F.A.C., is amended to reirlect the reduction in the license application fee. SUBJECT AREA TO BE ADDRESSED: Mortgage Brokers. SPECIFIC AUTHORITY: 494.0011 F~ LAW IMPLEMENTED: 494.0033 FS: IF REQUESTED IN WRITING;{ AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP%`~WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Greg Oaks, Bureau Chief, Office of Financial Regulation, The Fletcher Building, 200 East Gaines Street, Tallahassee, Florida 32399, (850)410-9805, greg.oaks@flofr.com THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: 69V 40.002 Adoption of Forms. (1) The forms referred to in this section below are incorporated by;'reference and readopted by this rule for the purposes of Rules 69V-40.001-.290, Florida Administrative Code: (a) and ~b) No change. (c) Application for Licensure as a Mortgage Broker, Form OFR-494-03, effective "~°-~'~-z;-~oa; (d) through (m) No Change. (2)~`All forms adopted by this rule are available on the Office>s website at www.flofr.com and by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Flo~da 32399-0376. J S 'cific Authority 494.0011(2) FS. Law Implemented 494.0025, 4 4. 494.0041, 494.0042 FS. History-New 3-23-08. Amended Section II Proposed Rules DEPARTMENT OF COMMUNITY AFFAIRS Florida Communities Trust RULE NOS.: RULE TITLES: 9K-9.001 Purpose 9K-9.002 Definitions 9K-9.003 General Requirements and Eligibility Standards 9K-9.004 Submission of Application and Application Materials 9K-9.005 Application Review 9K-9.006 Project Evaluation Criteria 9K-9.007 Ranking and Selection of Applications 9K-9.008 Grant Contracts 9K-9.009 Modification of Project Boundaries 9K-9.010 Preparation and Acceptance of the Management Plan 9K-9.011 Title, Acquisition Procedures, Lease Agreements and Transfer of Title 9K-9.012 Annual Stewardship Report Requirement PURPOSE AND EFFECT: To implement rules to govern the Stan Mayfield Working Waterfronts Program. SUMMARY: These rules govern the grant application procedures and process for the Stan Mayfield Working Waterfronts program that was created during the 2008 legislative session pursuant to Section 380.5105, Florida Statutes. This rule chapter implements Chapter 2008-229, Laws of Florida, which created Sections 380.503 and 380.5105, Florida Statutes. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. SPECIFIC AUTHORITY: 380.507(11), 380.5105(2) FS. LAW IMPLEMENTED: 259.105, 380.5105 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: September 29, 2008, 1:00 p.m. PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 Section II -Proposed Rules 4577 Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at .least 7 days before the workshop/meeting by contacting: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1711. If you are hearing or speech impaired, please contact the agency using the Florida P.elay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1711 THE FULL TEXT OF THE PROPOSED RULES IS: 9K-9.001 Purpose. This rule chapter sets forth the procedures that must be followed for rg ant applications for Florida Forever Funds awarded by Florida Communities Trust. The purpose of the program is to provide ~•ants for the acquisition of interests in land for the restoration and preservation of Working Waterfront pursuant to Section 259.105(3)(jL Specific Authority 380.507(11). 380.5105(21 FS Law Implemented 259.105. 380.501-.515 FS. History-New 9K-9.002 Defmitions. (1 "Acquisition" means the act of obtainin real property or interests and rights therein through avoluntarily-negotiated transaction and through appropriate legal means in furtherance of The Florida Forever Act and this rule chapter. (2) "Applicant" means an eligible Local Government or Nonprofit Working Waterfront Organization or a partnership between a Local Government and Nonprofit Working Waterfront Organization. which submits an Application for Florida Forever funds through the Trust. An Applicant that has been approved for funding by the Trust and has executed a Grant Contract with the Trust shall also be referred to as a Recipient. (3 "Application" means a formal request by an Applicant on an approved form for Florida Forever Funds from the Trust. and consisting of a project proposal together with required documentation submitted pursuant to this rule chapter. (4) "Award" means a grant from the Trust pursuant to the procedures developed in this rule chapter. {5) "Business Summary" means information that describes an organization's status and future goals. It enerally proiects the vision and future opportunities for the organization and outlines the operations. expected needs. fmances and organizational strategies that will enable the organization to achieve its goals. The information required for a Business Summary is specified in Form SMWW-1. {6) "Board of Trustees" means the Governor and Cabinet sitting as the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida. {7) "Declaration of Restrictive Covenants" means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds. This document contains the obligations ri is and responsibilities of each warty, the actions that are prohibited on the propertv and enforcement provisions (8) "Department" means the Florida Department of Community Affairs. L9) "Donation" means a voluntary transfer of cash or title to real property without consideration: the conveyance of land by the owner at a purchase price below its market value can be considered a donation of a portion of the purchase price onlX when the owner expresses the intent in advance of purchase and sale negotiations. to make a bargain sale. with no conditions placed on the bargain sale or donation. (10) "Florida Forever Funds" means proceeds from the Florida Forever Trust Fund created by Section 259 1051 F S and distributed to the Department of Community Affairs pursuant to Sections 259.105(3Z(j) and 380.5105 F S for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Stan Mayfield Working Waterfront Pro rg am. {11) "Grant Contract" means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site. (12) Governing Board" means the six-member governing body of the Trust as described in Section 380.504 and 380 505 F.S.; the powers of the Trust are vested in its GovemingBoard members. pursuant to Section 380.505. F.S (13) "Local Government" means a county or a municipality within the State of Florida. (14 "Management Plan" means a plan prepared by the Recipient under this rule chapter and approved by the Trust re azding the long-term care and management of the Project Site. L15) "Match" means cash. eligible Project Costs or the value of real propertv pledged by a a~rty_{ies~, (16) "Nonprofit Working Waterfront Organization" means a private Nonprofit Working Waterfront Organization existing under the provisions of Section 501(c)(3) of the United States Intemal Revenue Code that can demonstrate that the support of Working Waterfront as defined in Section 380.50~18)(al and (b) F.S. are amon its principal purposes and goals (17) "Project Costs" means the total of all eligible costs associated with the Acquisition of the Proiect Site in accordance with this rule chapter and Chapter 9K-10 F A C and may include the cost of the followin items• purchase price for Acquisition of all or a portion of the Project Site• certified survey containing an adequate legal description of the Project 4578 Section II -Proposed Rules Florida Administrative Weekly Site: any assessment or examination essential and necessary to determine Project Site boundaryappraisal resort(s) and appraisal review of the Proiect Site• title report and title insurance premium: and environmental site assessment(s) performed pursuant to Rule 9K-10 010 F A C (18) "Project Site" means the specific area(s) defined by a boundary map or legal description and Certified Survey where Florida Forever Funds are proposed in an Application to be used for all or a portion of the Acquisition The Proiect Site may include up to three (3~ ownerships The Project Site may include non-contiguous parcels. so long as the non-contiguous areas are part of a unified scheme of development and manaeement within the same Working Waterfront and sufficiently close that the unified scheme can be maintained 119) "Reasonable Assurance" means the Applicant's ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully_implemented and managed in accordance with the Application and the Grant Contract. and may include the Trust's review of• the Applicant's current and prospective financial condition• the Applicant's history in acquiring developing and managine similar projects: the Applicant's financial commitment to the subiect proiect as evidenced by the amount and type of any Match in the form of monies. real estate• and the Applicant's partners. directors. officers. managers project administrators controlling shareholders (if applicable) and appointed or elected officials. (201 "Recipient" means an Applicant that has been approved for funding by the Trust and who has executed a Gr ait'Contract wt or an Award. (21) "Seafood House" mea a facility that manufactures rote re aces seafoods for wholesale whose primary source of income is derived from these activities. that is licensed by the Department of Agriculture And Consumer Services as a Food Establishment pursuant to Section 500.03. F.S.. or a Shellfish Processor licensed pursuant to Section 597.020. F.S. A Seafood House may have retail or food serving facilities in conjunction with its other business operations. L22) "Small Local Government" means county governments with populations of 75 000 or fewer and municipal governments with populations of 10 000 or fewer (23) "Trust" means the Florida Communities Trust a nonreeulator~ encv and instrumentality which is a public body corporate and politic. created within the Department of Community Affairs pursuant to Chapter 380 Part III F S (24) "Voluntaril~gotiated Transaction" means an arm's length market value transaction between a willing seller and a willing buyer. The use of condemnation or the threat of condemnation is not considered a Voluntarily-Ne otiated Transaction. Volume 34, Number 36, September S, 2008 wild or aquacultured marine organisms whose primary source of income is derived from these activities "Workin Waterfront Business" includes without limitation• Licensed commercial fishermen or aauaculturists• persons providing direct services to commercial fishermen or aquaculturists as lone as provision of these direct services requires the use of workine waterfront real estate: and municipal and private piers and wharves operated primarily to provide waterfront access to commercial fishermen or aauaculturists (26) "Working Waterfront Covenants" means a legal document entered into by the seller and Recipient and recorded in the public records of the county or counties in which the project is located that convey a perpetual less than fee interest. in the property to the Recipient This document contains the obligations rights and responsibilities of each party, the actions that are prohibited on the property and enforcement provisions. Specific Authority 380 507(11) 380 5105(2) FS Law Implemented 259 105. 380.501- 515 FS History-New 9K-9.003 General Requirements and Eli tg'bility Standards The following constitutes the general procedures for the Stan Mayfield Working Waterfront Florida Forever ant rogram of the Florida Communities Trust. U) Application Form A,.pplication Form SMWW-1 (eff is prescribed for use with these rules and is incomorated by reference Applications for fundine must be submitted on Application Form SMWW-1 Applicants may only submit one Application Form per Project Site A copy or instructions for receivin t~pplication Form in an electronic format. may be obtained by writing to the Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 orb calling (850)922-2207 (2) Notice of Application Period The Trust shall announce the amount of Florida Forever funds available for Awards and applicable deadlines in the Notice of Application Period published in the Florida Administrative Weeklx 13) Elieible Applicants are Local Governments of the State of Florida. Nonprofit Working Waterfront Organizations or a partnership between a Local Government and a Nonprofit Working Waterfront Organization 14) Nonprofit Working Waterfront Organizations In all acquisitions b a Nonprofit Working Waterfront Organization a euarant~or fledge by a Local Government the Water Management District in which the project is located or a managing a encv of the Board of Trustees to act as a backup manager to assume responsibility for management of the Proiect Site in the event the Nonprofit Working Waterfront Organization is unable to continue to manage the Project Site shall be obtained. Section II -Proposed Rules 4579 Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 In addition. when acquiring a less than fee interest in the Proiect Site. the Nonprofit Working Waterfront Organization must provide assurance that they have the capacity to monitor and enforce the easement conditions. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the less than fee interest Or, if the Nonprofit Working Waterfront Organization is acquiring a fee-simple interest in the Project Site the Nonprofit Working Waterfront Organization must rp ovide assurance that they have the capacity to manage the Project Site. Such assurance shall be in the form of an endowment equal to ten percent of the appraised value of the fee interest (5) Workingi Waterfront Activities. Business activities performed on a project site acquired under this program must derive their primary source of income from services supporting the commercial harvesting of wild or aquacultured marne organisms. Anv new structure to be located on sovereignty-submerged lands shall comply with the criteria set forth in Chapter 18-21. F.A.C. including but not limited to the requirement that the structure(s) be water dependent (6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by an~p~licant(sl under an~pplication(s~ for an~project(s) shall not exceed the amount annually appropriated and accumulated for this program duringany fiscal year. (7) Eligible Sources of Match The Applicant's eli ible sources of Match may include. but are not limited to the followine sources: Local Government or other government revenue: existine cash from Nonprofit Working Waterfront Organization or Donations as defined in this rule (8) Site Acquisition. The Trust shall be responsible for the Acquisition activities. (9) Site Management Each Applicant is required to provide a Management Plan as outlined in this rule chapter To ensure that future management funds will be available for the management of the site in p_pr etui ~ the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources backtu'ound qualifications and competence to manage the Project Site in pe_pr etuity in a reasonable and professional manner that is consistent with the approved mana ement elan. Specific Authority 380.507(11), 380.5105(21 FS Law Implemented 259.105. 380.501-.515 FS. Histo -New 9K-9.004 Submission of Application and Application Materials. (1) Applications must be submitted by mail or delivery to the Florida Communities Trust. 2555 Shumazd Oak Boulevard Tallahassee. FL 32399-2100. To be timely submitted Applications must be received on or before the published Application deadline. (2) Deadlines for submitting Applications shall be announced in the Florida Administrative Weeklx (3) Applications must be transmitted with an on ig pal sienature cover letter on Applicant's letterhead signed by the app~riate representative. official or administrator binding the Applicant to fulfill the commitments made in the Application. and identifying the employee of the Local Government or Nonprofit Working Waterfront Orga;.ization who will act as the key contact between the Trust and the Ap lip cant. (4) Applicants must submit three (3 com lete sets of Application materials. One set shall contain original text and non-text items. The remaining: two sets shall contain le ible copies of text and non-text items. unless otherwise specified in the Application form. (51 Applications must be received on or before the published Application deadline Applications received after the published Application deadline shall be deemed late and will not be considered by the Trust. (6) All applications must be submitted on Application Form SMWW-1. (7) A Business Summa try hat~rovides information on the applicable criteria outlined in the Business Summary section of Form SMWW-1 must be provided by the Applicant Except in the case of a local government p~osal to acquire fee simile interest in the Project Site for a public use Applications submitted without the required Business Summary will not be considered by the Trust for recommendation to the Board of Trustees. Applications containing a Business Summary that is deemed insufficient by the Trust will not be considered by the Board of Trustees. The Business Summary and other relevant information shall be the basis for the Management Plan that will guide the management and operation of funded projects (8) The followine exhibits shall be nrovided• (a) United States Geological Survey 7 1;2 minute quadrangle man with the boundary of the Proiect Site clear)y delineated. (b County Tax Appraiser's map cleazly delineating the project site boundary names of the property owners and azcel tax identification numbers. and ownership boundaries using an appropriate scale. (c) Aerial photograph (1 inch = 2 000 feet or greater detail) with the Project Site boundary clearly delineated (d~vsical improvements map of an app~riate scale that clearly delineates all existing~hvsical improvements alterations. or disturbances occurring on the Project Site and including, but not limited to all cleazed areas buildings roads fences, docks. power lines. billboards boat ramps parking areas and known easements and rights-of--ways and the approximate acreage of the foregoing:, (e) Conceptual site plan that clearly delineates the proiect site boundary and shows the approximate location of all existine and proposed site improvements. 4580 Section II -Proposed Rules Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 (f) One set of labeled photographs of the Project Site which depict all on-site features on the Proiect Site and including, waterbodies. shorelines historical features and existing improvements. Each photograph submitted shall include a legend that identifies the photog~Ph location and key features that the photograph is intended to depict. (g,) If applicable. evidence of status as a Nonprofit Working Waterfront Organization as defined in subsection 9K-9.002(161. F.A.C. (h) A signed statement from the owners of each parcel indicating their willingness to consider an offer to purchase or to donate their parcel(s). Specific Authority 380.507(111, 380.S105j2) FS. Law Implemented 259.105. 380.501-.515 FS. Histo -New 9K-9.005 Anplication Review. (1Lpplications received by the Anplication deadline shall be reviewed and evaluated by Trust staff based on the materials submitted. Applicants will be notified of the timelX receipt and status of their Application(s). (2) No additional information shall be accepted after the Application deadline, unless specificallyquested by the Trust staff for clarification of information provided in the Application received bLthe published Application deadline. Any clarification information requested must be received by the Trust no later than 21 dates prior to the Governin Board meeting or the information will not be considered by the Trust. At a publicly noticed meeting, the Governing Board will finalize the ranking report which will be presented to the Board of Trustees. (3Lproject shall be eligible for scoring onl r~ its purpose is to restore or preserve Working. Waterfront as defined in Section 380.503(18 , F.S. Specific Authority 380.507(11). 380.5105(21 FS. Law Implemented 259.105. 380.501-.515 FS. History-New 9K-9.006 Project Evaluation Criteria. The evaluation of Applications shall be based on the criteria set forth in this rule chapter and the information in Application Form SMWW-1. Trust staff shall utilize the information contained in the Application (including exhibits and al] information obtained during its review of the Application, including information obtained during site visits. in drafting an evaluation report and developing a ranking report to present to the Governing Board. At a publicly noticed meeting the Governing Board will evaluate the reports and approve the recommended ranking report that will be presented to the Board of Trustees. The Business Summary shall be evaluated for sufficiency based on information Provided in Application Form SMWW-1. Staff from the Department of Agriculture and Consumer Services, and other state agencies as deemed necessary by the Trust, shall review each Business Summary and provide comments to the Trust. Trust staff shall prepare a recommended Business Summary sufficiency determination that takes into consideration comments received from the Department of Agriculture and Consumer Services and other agencies for consideration by the Governing Board. Applications containing a Business Summary deemed insufficient by the Trust will not be considered by the Board of Trustees. An Application shall receive all the points assigned to a particular criterion if the criterion is met: no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Anplicant should state "No" in the response to the criterion. Points shall be awarded when the following criteria are met: (1) Location: (a The Project Site is located within the boundary of a locally designated Community Redevelopment Area as defined in Section 163.340. F.S. and furthers the adopted community redevelopment plan (10 pointsj; (b) The Project Site is adjacent to state-owned submerged lands designated as an aquatic preserve identified in Section 258.39. F.S. (10 pointsj; (c The Project Site is located within a municipality with a population less than 30.000 (10 points; (d The Proiect Site is within an area designated as an active "Waterfronts Florida Partnership Community" (9 oints ' (e The Project Site provides services and is located within 15 miles of a state designated aquaculture "High Density Lease Area" (5_points ;and (f) The Project Site is within an area designated as a "Rural Area of Critical Economic Concern" (4 nointsZ (2) Economic Consideration: a_) The proposed Proiect provides an economic benefit to the community (10 pointsj; (b The Project Site is located in a municipality or in the unincoroorated county with a growth rate that exceeds the averaaee growth rate for the state as shown b~POpulation increase since the last census (10 points): and (c) The Project Site has sustained significant hurricane damage in the ap st 5 years (5_points~ (3) Site Suitability/Readiness: a) The Proiect Site contains existing structures that can be used or require only minor improvements. for use as commercial saltwater fisheries or aquaculture operations (points may be awarded based on the following criteria, 1. Dockine facility for commercial fishing vessels (12 oints ' 2. Seafood House or other buildings to be used for Working Waterfront Business (10 pointsj; 3. Boat ramp for commercial fishing vessels (8 points; Section II -Proposed Rules 4581 Florida Administrative Weekly commercial fishing or aquaculture operations (4 points Resource Permit for the existing or proposed docking facility 7 oints (c The Project Site has obtained all necessarypermits from the local government for the existing or progosed uses on the uplands (7 points; ~ to be acquired (5 pointsj; (e) The Project Site will participate in Florida's Clean Marina Program (~oints~ ~) Financial Contribution: is committed to:. ~- 1.Provide aMatch between 25 percent to 34 percent of the Project Costs. or, for Small Local Governments as defined in subsection 9K-9.002(211. F.A.C.. and Nonprofit Working 36, September 5, 2008 (c) The project furthers local government comprehensive plan objectives and policies directives to provide facilities that promote and educate the public about the economic, cultural displays of artifacts and other items open to the public that provide information about the economic. cultural or historic heritage of Florida's traditional Working Waterfront L4 pointsj; (b) Project Site contains a structure[s~ that is listed on the (c Interpretive kiosk or si ng s are provided that educate the public about the economic. cultural, or historic heritage of Florida's traditional Working Waterfront (2 pointsZ _ 2$9.105. 380.501-.515 FS. Histo , -New 9K-9.007 Ranking and Selection of Applications. Waterfront Organizations. a Match between 10 percent and 19 (1) Prior to preparing the ranking report of projects, Trust percent of the Project Costs (5 points: or staff shall conduct site visits as needed to verify the conditions 2. Provide a Match of 35 percent or more of the Project Costs or for Small Local Governments as defined in subsection 9K-9.002(211. F.A.C., and Nonprofit Working Waterfront Organizations. a Match of 20 percent or more of the Project Costs (10 points; (b) The applicant has committed to major restoration of an existing dockin fg acility for commercial fishing vessels or to construct a new dockin facility for commercial fishing vessels 8 oints (c~pplicant has committed to major restoration of an existing Seafood House of other building used for working waterfront business or to construct a new Seafood House or other buildings of at least 1,000 square feet to be used for Working Waterfront Business (6 points; (d) The applicant has committed to major restoration of an existing boat ramp or to construct a new boat ramp for commercial fishing vessels (4 points ~~(5) Community Planning: (a The project is located in a Future Land Use category, zoningdistrict. or overlay district that has been identified for the protection and preservation of Working Waterfront (5 ~~ (b The project furthers local government comprehensive plan objectives and policies dtrectives that ensure the protection and preservation of Working Waterfront for use by commercial fisherman. aauaculturists, or business entities that support these industries (5 pointsj; represented by the Applicants in the SMWW-1. (2 Ranking report and evaluation reports. After a period for review. Trust staff shall prepare a preliminary ranking report and written evaluation reports listing the criteria for which points were received by each Applicant, based on information provided in the Applications and the site visits. The preliminary ranking report and evaluation reports for each Applicant shall be provided to the Governing Board. (3) The Governing Board shall meet for the purpose of approving the recommended scoring report of all Applications at a publicly noticed meeting. Staff shall also provide a copy of the preliminary scoring report and evaluation report to each Applicant prior to the Governing Board meeting (a) The Governing Board shall consider each Application and the scores assigned in the Trust staff evaluation report. The Board may modify staff recommended scores in order to settle unresolved issues arising from written objections from Applicant(s) to scores received in the evaluation report. Applicant objections to staff recommended scores must be submitted in writing to the Trust staff at least 48 hours prior to the Board ranking meeting in order to be considered. Decisions to modify point totals shall be based on review of Applications by the Governing Board. and public presentations to the Governing Board by Trust staff. Applicants and other members of the genera] public. (b All roposed amendments to the Local Comprehensive Plan that are included with the Application will be considered in the staff evaluation. Proposed amendments cited in the Application must be adopted by the Local Government and i 4582 Section II -Proposed Rules Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 approved by the Department prior to the date of the Governing present which would, in all likelihood, preclude or~revent the Board ranking meeting in order for points to be awarded in the successful Acquisition of the Project Site within the fmal score. (4) The Governing Board shall develop and approve a list of all Projects in rank order for consideration by the Board of Trustees. Each Applicant shall be provided with the recommended ranking list prior to the Board of Trustees' meetin¢. j5) The recommended ranking list shall be considered bX the Board of Trustees. at a noticed meeting for their approval in accordance with Section 380.5105(4 . F.S. (6) Followin tg he approval by the Board of Trustees of projects to be funded. the Trust shall enter into a Grant Contract that contains the conditions of the Grant. Such conditions shall be based on Applicant representations. fmdings from site visits and other investigations. Applicants will be advised of the conditions prior to completion of the Grant Contract. (7 If for any reason funds awarded to an approved project become available prior to the next Application cycle, those funds may be committed to other proiectL) based upon available funds and the final ranking ofLroiects as desi ng ated by the Board of Trustees. specific Authority 380 S07(11) 380 SIOS(2) FS Law Implemented 259.105. 380.501-.S1S FS. History--New 9K-9.008 Grant Contracts. (1) The established time frame for funding annroval shall be for a period not to exceed 12 months. Approval shall be evidenced by a fully executed Grant Contract between the Trust and the Recipient. When the established time frame has expired, the project shall be terminated and funds committed to the project shall then be committed to other approved Applications. The Trust may extend the Grant Contract beyond the established time frame if significant progress is being_made toward the acquisition of the project site or if extenuating circumstances warrant an extension of time. f2) The time period of the Grant Contract and extensions shall not exceed a .total of 24 months: unless. however, the Trust extends an Award beyond 24 months when significant progress is being made toward closing the project or if extenuating circumstances warrant an extension of time. (3) The Recipient must request an extension in writing that includes an explanation of the goals currently accomplished to complete the project and the timeframe needed to complete outstanding; goals. The Recipient may also include an explanation of circumstances beyond their control that have ne ativelZimpacted the completion of the~roject site. (4) The Trust may unilaterally terminate the Grant Contract prior to the established time frame. if it is determined by the Trust that no significant progress is being made toward the Acquisition of the Project Site or other circumstances are established time frame. Specific Authority 380.507(111. 380.S10S(2) FS. Law Implemented 2S9.lOS, 380.501-.515 FS. History-New 9K-9.009 Modification of Project Boundaries. Modification to the boundary of a Project Site selected for approval will be considered by the Trust on a case-b,~ase basis. Requests to modi the project boundary shall be submitted to the Trust within 12 months of the approval of the Grant Contract. Requests for boundary amendments received after said deadline shall not be considered unless an exception is gxanted by the Trust based upon the demonstration of good cause. Good cause shall be based on whether the boundary modification is necessary to the successful development and management of the Project Site. The following~rocedures are established to guide the submission and review of boundary modification requests. (1) A written request for boundary modification must be submitted and contain the items listed below. The request must be transmitted with an original signature cover letter on the Recipient's letterhead. si ng ed b ty he appropriate authorized representative named in the Grant Contract. and include a statement binding the Recipient to fulfill the commitments made in the request for boundary modification. (a) An explanation of how the proposed modification complies with the intent and purpose of the project as stated in the origmal Application: (b An explanation of why the requested boundary change was not contained in the original Application; (c) An explanation of the effect on the overall project if the requested modification is not approved. (2) Following receipt of a request for boundary modification. Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient's key contact of any additional information or clarification that is needed to complete the review. (3) In considering on whether to approve the boundary modification. Trust staff shall give consideration to the followine: (a) Whether the proposed boundary modification is consistent with the purpose and intent of the on ig pal Application: and (b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site: (4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before making a final determination whether the boundary change is appropriate. Specific Authority 380.507(11), 380.5105(21 FS. Law Implemented 259.105.380.501-.515 FS. History-New Section II -Proposed Rules 4583 Florida Administrative Weekly Volume 34, Number 36, September S, 2008 9K-9.010 Preparation and Acceptance of the Management Plan. (1) Prior to release of Florida Forever Funds for a project. the Recipients shall submit a Management Plan for approval bx the Trust. The Management Plan shall explain how the Project Site will be managed to further the purposes of the proiect and meet the terms and conditions of the Grant Contract. j2~. The Trust shall approve the Management Plan upon confirmation that it is consistent with the purposes of the Application and the terms and conditions of the Grant Contract. (31 Any revision or modification to the approved Management Plan will require review and approval by the Trust. The Recipient shall provide a written request for any Management Plan change including all appropriate supporting materials. ~ecific Authority 380.507 111. 380.5105(2 FS. Law Implemented 259.105. 380.501-.515 FS. History-New 9K-9.011 Title, Acquisition Procedures. Lease Agreements and Transfer of Title.. This rule chapter and Chapter 9K-10, F.A.C., shall govern in all matters of title, acquisition procedures, lease agreements and transfer of title for lands acquired pursuant to this rule. Specific Authority 380.507(111. 380.5105(21 FS. Law Implemented 259.105. 380.501-.515 FS. Histo -New 9K-9.012 Annual Stewazdship Report Requirement. Pursuant to Section 380.5105(51. F.S.. each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions i>~osed at the time the award was made are being followed and to monitor the stewardship and use of the property. The stewardship report shall be due each Paz. Specific Authority 380.507(111, 380.5105(2) FS. Law Implemented 259.105. 380.501-.515 FS. Historv-New NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary of Department of Community Affairs and Chair of the Florida Communities Trust Governing Boazd DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2008 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008 DEPARTMENT OF COMMUNITY AFFAIRS Florida Communities Trust RULE NOS.: RULE TITLES: 9K-10.001 Purpose 9K-10.002 Definitions 9K-10.003 General Information 9K-10.004 Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price 9K-10.005 Confidentiality of Appraisals, Other Reports Relating to Value, Offers and Counteroffers 9K-10.006 Negotiation of Offers and Counteroffers 9K-10.007 Purchase Agreements 9K-10.008 Title Report and Evidence of Marketable Title 9K-10.009 Certified Survey 9K-10.010 Examination for Hazardous Materials Contamination 9K-10.011 Closing PURPOSE AND EFFECT: To implement rules to govern the Stan Mayfield Working Waterfronts Program. SUMMARY: These rules govern the land acquisition procedures for the Stan Mayfield Working Waterfronts program that was created during the 2008 legislative session pursuant to Section 380.5105, Florida Statutes. This rule chapter implements Chapter 2008-229, Laws of Florida, which created Sections 380.503 and 380.5105, Florida Statutes. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepazed. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. , SPECIFIC AUTHORITY: 380.507(11), 380.5105(2) FS. LAW IMPLEMENTED: 259.105, 380.5105 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: September 29, 2008, 1:00 p.m. PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities 4584 Section II -Proposed Rules Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1711. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Ken Reecy, Community Program Manager, Deparhnent of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1711 THE FULL TEXT OF THE PROPOSED RULES IS 9K-10.001 Purpose. This rule chapter sets forth the procedures that must be followed for land acquisitions for the Stan Mayfield Working Waterfronts Protssam using Florida Forever funds awarded by Florida Communities Trust. Specific Authority 380.507(111, 380.5105(2) FS. Law Implemented 259.105. 380.501-.515 FS. History-New 9K-10.002 Definitions. The definitions set forth in Rule 9K-9.002. F.A.C., shall apply as used in this rule chapter and are incorRorated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter: jl) "Appraisal" or "Appraisal Services" means the services provided by Florida certified or licensed Appraisers pursuant to Section 475.611(1 , F.S. (2) "Appraisal Report" means the written analyses, opinions. and conclusions issued by an Approved Appraiser in connection with the Acquisition of any interest in real property under this rule chapter or Chapter 9K-9, F.A.C. (31 "Appraiser" means anv_person who is certified or licensed by the State pursuant to Chapter 475, Part II, F.S., and whose certification or license is current valid and active (4) "Approved Appraisal" means an An~raisal that has been reviewed and approved by the Trust for use in determining the Maximum Approved Purchase Price. (5 "Approved Appraiser" means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate bein acquired under this Chapter and whose name is on the current list of ap rn oved appraisers on file with the Division of State Lands. Department of Environmental Protection. ~6 "Approved Survey" means a Certified Survey that has been reviewed and approved by the Trust. (7) "Certified Survey" means a survey that is certified. signed and sealed by a registered land surveyor authorized to practice surveying in the State pursuant tc Chapter 472, F.S. (8) "Confidential" refers to' information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07. F.S. (91 "Hazardous Materials Contamination" means radon, PCBs, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. as amended, 42 U.S.C. X9601 et seq. (CERCLA), the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq, (.HMTA), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 5101 et seq. (RCRAI, and the regulations adopted pursuant thereto. (10) "Market Value". as defined in the Uniform Standards of Professional Appraisal Practice (as promul atg ed by the A~~raisal Standards Board of The Appraisal Foundation), means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale. the buyer and seller each acting,~rudently and knowledgeably, and assuming that the price is not affected by undue stimulus. (11) "Maximum Approved Purchase Price" means the maximum purchase price that the Trust can participate in as determined b~ppraisals performed on a Project Site that have been reviewed and approved by the Trust. (12) "Minimum Technical Standards" means the Minimum Technical Standards for Surveyors as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Chapter 472, F.S. and Chapter 61G17-6. F.A.C. (131 "Option Agreement" or "Option Contract" means a proposed written agreement between the Recipient and the Trust to purchase all or a portion of the grope lying within the Project Site. subject to the approval of the Recipient's governing body and the Trust after appropriate notice and hearing_(as may be requiredZ (14) "OwnerLs)" or "Seller(s)" means the fee simple title owner(s) of the Project Site. (15) "Purchase Agreement" means the various types of written contracts to purchase real property, including_purchase agreements, Option Agreements. exchange agreements and other forms of such agreements. that become bindin og n all parties to the contract at the time the Purchase Agreement is duly executed. (16) "Title Insurance Commitment" means a written agreement issued by a Florida licensed title insurer agreeing to issue to the Recipient, the Trust, or the Board of Trustees. individually or as co-insureds. upon the recording of the deed, an owner's policy of title insurance in the amount of the Project Site's purchase price insuring marketability of title to the Project Site, subject only to liens, encumbrances. exceptions or qualifications that are acceptable to the Trust and the Recipient. and those which will be dischar eg d by the Owners at closing Section II -Proposed Rules 4585 Florida Administrative Weekly Volume 34, Number 36, September 5, 2008 (171 "Uniform Standards of Professional Appraisal Practice" means the standards in effect as of the effective date of this rule approved and adopted by the Appraisals Standards Board of The Appraisal Foundation. Specific Authority 380.507(111. 380.5105(21 FS. Law Implemented 259.105. 380.501-.515 FS. Histo -New 9K-10.003 General Information. (1ZThis rule chapter shall govern the activities for Acquisition of real property for the Stan Mayfield Working Waterfronts proeram using_proceeds from the Florida Forever Trust Fund, when title to such real property vests in the Recipient. (2) The disbursement of Florida Forever Funds from the Trust shall be subject to the following conditions: The administration and use of any funds received by the Trust from the Florida Forever Trust Fund shall be subject to such terms and conditions imposed thereon b, tie agency of the state responsible for the revenue bonds. the proceeds of which are deposited in the Florida Forever Trust Fund, including restrictions imposed to ensure that the interest on any such revenue bonds issued by the state as tax-exempt revenue bonds will not be included in the gross income of the holders of such bonds for federal income taxpurposes. (3) The Recipient shall designate an employee or officer who shall serve as the key contact for the exchange of information regarding the Acquisition activities and who shall be responsible for ensuring compliance with the provisions of all applicable statutes. the Grant Contract. rules of the Trust and any local land acquisition ordinances that may applX (4) Funds awarded through anyprogzam of the Trust that derive from the Florida Forever Trust Fund may only be used to pay the eligible Project Costs associated with VoluntarilX Negotiated Transactions. (51 The Project Site will be a Joint Acquisition and all acquisition activities will be completed by the Trust. (61 Prior to release of Florida Forever Funds for a project. the Recipient shall submit a sighed statement by the Recipient that the Recipient is not aware of any_pending criminal, civil or rgeulatorv violations imposed on the Project Site by any governmental a~encv or body. (7) If requested by the Trust. the Recipient shall provide additional documentation to provide Reasonable Assurance that the Recipient will be able to fulfill its obligations under the Grant Contract, the Declaration of Restrictive Covenants. and Chapter 9K-9, F.A.C. Specific Authority 380.507L111. 380.5105(21 FS. Law Implemented 259.105.380.501-.515 FS. History-New 9K-10.004 Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price. (1 j The Trust shall contract with the Approved Appraisers according_to contract recfuirements of theTrust. (2) Techniques and methods used by the Appraiser shall substantially conform to the Uniform Standards of Professional Appraisal Practice (USPAPj, as defined in Chapter 475, Part II, F.S., as well as Trust appraisal instructions and format. (3) The Trust shall provide to the Appraiser all pertinent title information developed in the title report, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, required appraisal forms or formats, and the most recent survey, if available. (4) The Trust shall obtain at least one Appraisal by an Approved Appraiser for each ownership in a Project Site estimated to be valued less than $500,000. For each ownership in a Project Site estimated to be valued at or greater than $500,000, the Trust shall obtain at least two Appraisals by Approved Appraisers. (5) Determination of Maximum Approved Purchase Price. (a) For purposes of calculating the Trust and the Recipient shares of the purchase price paid for real property, a Maximum Approved Purchase Price shall be determined. The Grant Contract will describe financial participation by the Trust and the Recipient on a percentage basis. The Trust considers that the maximum purchase price in which it will participate shall be the Maximum Approved Purchase Price or purchase price, whichever is less. If the Recipient decides to pay a purchase price higher than the Maximum Approved Purchase Price, the Recipient shall pay all the purchase price amount over the Maximum Approved Purchase Price, in addition to the Match percentage share of the Maximum Approved Purchase Price. (b) Appraisals shall be reviewed by a review Appraiser who is employed by or under contract to the Trust. The review Appraiser must certify to the Trust that the Appraisals have been conducted substantially in accordance with this rule chapter and with correct Appraisal standards and methods, and must certify the appraised value(s~ of the subject real propertX This certified value shall also be referred to as "the Maximum Approved Purchase Price." (c) The Maximum Approved Purchase Price shall be the value indicated in a single reviewed and approved Appraisal if only one Appraisal is required. If two Appraisals are obtained and approved when only one is required by this rule chapter. the Maximum Approved Purchase Price shall be the higher of the two values indicated in the Appraisals. (d) If two Appraisals are required and their values do not differ sigrificantly, the Maximum Approved Purchase Price shall be the higher value indicated in the two Appraisals. The two Appraisals shall be considered to differ significantly if the higher of the two values exceeds 120_percent of the lower value. 4586 Section II -Proposed Rules Florida Administrative Weekly Volume 34, Number 36, September S, 2008 (e) When two Appraisals required under subsection j4) above differ significantly, the following steps shall be taken: 1. The review Appraiser shall reauest that the two Appraisers review the differences in their respective reports to attempt to rectify their value conclusions so that the two value conclusions are not significantly different: 2. A third Appraisal shall be obtained if the two Appraisals differ significantly and cannot be rectified as in the above paragraph unless a decision is made by the Trust to negotiate an Acquisition price of no more than 120 percent of the lower of the two reviewed and approved Appraisals: and 3. If a third Appraisal is obtained and reviewed and approved, the Maximum Approved Purchase Price shall be the value contained in the higher of the two closest Appraisals, so long as the two closest Appraisals do not differ significantly. If the two closest Appraisals differ significantly. 120 percent of the lower of the two Appraisals shall be the Maximum Approved Purchase Price. (61 The Trust shall compare the Maximum Approved Purchase Price with the cost to purchase the land as estimated in the Application. If that estimated cost is greater than the Maximum Approved Purchase Price. the Trust shall reduce the amount of the Award by a letter of notice to the Recipient. Specific Authority 380.507(11I. 380.5105(2) FS. Law Implemented 259.105. 380.501-.515 FS. Historv-New 9K-10.005 Confidentiality of Appraisals. Other Reports Relating to Value. Offers and Counteroffers. (1) The Trust and the Recipient shall maintain confidentiality of all Appraisals, and anv other reports relating to value. offers and counter-offers. Appraisals, and an, reports relating to value. offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1). F.S.. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionall~pted by the Trust, or if no Purchase Agreement is executed. then as provided for in Sections 125.355(1Z(a)_and 166.045(1 (a). F.S. (2) If a Purchase Agreement is not submitted to the Trust for approval, the exemption from Section 119.07(1), F.S., will expire 30 days after the termination of negotiations. The date of termination of negotiations may be based on a written statement from a party to the negotiations that good faith efforts at ne otg iating a Purchase Agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust. (3) The Trust and the Recipient shall execute an agreement to maintain confidentiality of al] Appraisals, reports relating to value, written offers and written counteroffers until such time as the information is no longer exempt from Section 119.07(11. F.S. This agreement of confidentiality shall expressly name the individuals to whom the information may be disclosed during th_period that the information is exempt from the requirements of Section 119.07(1). F.S. The exemptions from Section 119.07(1), F.S., that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.15. F.S. Specific Authority 380.507(11). 380.5105(2) FS. Law Implemented 259.105. 380.50]-.515 FS. Historv-New 9K-10.006 Negotiation of Offers and Counteroffers. (1) It shall be the goal of the Trust and the Recipient that the Acquisition of the real prope be negotiated at the best price and terms that can be negotiated in the interest of the project's up blic purpose, with preference given to a purchase price at or below the Maximum Approved Purchase Price. The obiective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances conditions restrictions and reservations that would impede the purposes or management of the Project Site. In the course of negotiations the Trust maY discuss the advantages of a Donation and bargain sale. If the real pro~ertv to be acquired is not ahead s~ urveved and the acreage of the site is not known. the Owner shall be advised of the benefits of obtaining_ a safe upland line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site. (2) All offers and counteroffers shall be in writing (3) The Trust may negotiate and enter into a Purchase Agreement prior to or after the receipt and approval of Appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. The Trust shall maintain appropriate records re ag rding any and all contactL) with the Owner. (4) Initial contact with the Owner may be established prior to negotiations. When initiated such contact should be limited to the following: (a) To inform the Owner about the Stan Mayfield Working Waterfronts land Acquisition pro am: jb) To explain in general terms the possible tax advantages of land Donations and bargain sales; (c To request permission from the Owner in order to have his property appraised and surveyed (dl To discuss the timing of the Acauisition, and the competition for funds under the Stan Mayfield Working Waterfronts pro rog am; fie) To discuss the matter of representation of the Owner by an Agent in anv future negotiations, and the necessary confirmation by the Owner of the Agent's status: (f) To request available title data: (g) To advise of disclosure requirements: jh To request available prope survey data: and (i) To discuss other information pertinent to the Acquisition process in eg Hera]. j52 Upon the initiation of negotiations, the Owner shall be notified in writing that the terms of the final Purchase Agreement are subject to affirmative action by the Recipient and the Trust. Section II -Proposed Rules 4587 Florida Administrative Weekly Volume 34, Number 36, September S, 2008 (6~ The.Trust shall maintain complete and accurate records of every such offer and counteroffer. (71 When the Owner is represented by an A ent, negotiations may not be initiated or continued with the Agent until a written statement si ned by the Owner verifying the A eng is legal or fiduciary relationship with the Owner has been received by the pa responsible for negotiations and a copy has been provided to the Trust. Specific Authority 380.507(11). 380.5105(21 FS. Law Implemented 259.105. 380.501-.515 FS. History-New 9K-10,007 Purchase Agreements. (11 The form of the final ne otg iated~urchase shall be a written Purchase Agreement that is si ng ed by the Owner(s), the Recipient and the Trust. (2) The Trust will prepare and use any form of Purchase Agreement as meeting the intent of all applicable laws and this rule chapter. (31 The Trust shall develop a model standard Purchase Agreement. (4) The Trust shall obtain all disclosures of beneficial interest required in Section 286.23, F.S.. before enterin ig nto a Purchase Agreement. Specific Authority 380.507(111, 380.5105(2) FS. Law Implemented 259.105.380.501-.515 FS. History-New 9K-10.008 Title Report and Evidence of Marketable Title. jl) To obtain Appraisals, the Trust may obtain a title report or title commitment which shall include a legal description of the Project Site to be acquired that is sufficient to inform the Trust, the Recipient and the Appraisers of the status of ownership, encumbrances. exceptions, reservations, and previous ownership history {2) Evidence of Owner's marketable title shall be provided to the Recipient(s) and the Trust prior to the conveyance of title. The Trust shall further be provided a Title Insurance Commitment in accordance with the Purchase Agreement. The Title Insurance Commitment shall be followed after conveyance by an owner's marketable title insurance policy (ALTA Form B) in favor of the Recipient or the Board of Trustees in accordance with the Recipient's election under Rule 9K-8.004. F.A.C. The Trust shall be listed as a co-insured on the Title Insurance Commitment and title insurance policy (3) The standard for examination of condition of title shall be The Uniform Title Standards of the Real Property, Probate & Trust Law Section of The Florida Bar. 1981 edition to eg ther with all u dp ates. Specific Authority 380.507 11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. Histor~New , 9K-10.009 Certified Survev. (11 At least 30 da~prior to closine, a Certified Survey must be submitted to the Trust for final approval to rectify acreage and title issues against the title commitment, the negotiated Purchase Agreement and the Appraisals used to determine the Maximum Approved Purchase Price. (2) In cases where a Certified Survey cannot be practically completed or where the cost of the Certified Survey would be prohibited relative to the expected value of the real property, the requirement for such Certified Surve,Lmay, in whole or in part, be waived by the Recipient and the Trust. Such a waiver shall be requested by the Recipient at the time of submitting the Application. , (3) The Certified Survev shall be prepared according_to the Minimum Technical Standards for Land Surveying and such additional requirements as maybe determined by the Trust and the Recipient to be necessary to meet the intent of the statute and this rule chapter. The Certified Survey shall accuratelx pornay to the greatest extent practicable the condition of the real property as it currently exists. The survey must have been certified within 90 days of the closing_on the property unless this requirement is waived b~he title insurer for the ppurpose of deleting the standard Survev exception from the owner's title insurance,.policy (4) The Certified Survev shall be approved by the Trust as being in compliance with the requirements of this rule chapter. Specific Authority 380 507(.11) 380 5105(2) FS Law Implemented 259.]05, 380.501-.515 FS. Histo -New 9K-10.010 Examination for Hazardous Materials Contamination. (1) All sites acquired with funds from the Florida Forever Trust Fund shall be examined for hazardous materials contamination within 90 days before closing, (2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in performing such an environmental site assessment and shall be documented in writing to the Trust and the Reci ip ent• (3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials (ASTM). For Phase I environmental site assessment. such standard of practice shall be the ASTM Practice E 1527. If the findings and conclusions section of the assessment reports evidence of reco ized environmental conditions. then a Phase II Environmental Site Assessment may be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the Qresence of contaminants on site. 4588 Section II -Proposed Rules Florida Administrative Weekly Volume 34, Number 36, September S, 2008 (41 Prior to closing the Recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title. it may be assumin liability for future adverse action or cleanup associated with the lands covered by the assessment. f5) In the event an adverse environmental assessment is reported on a site. the Trust may confer with the app~riate staff' of the Department of Environmental Protection for assistance in assessing the risk to the State. Because the Board of Trustees will have an executory interest in the Project Site. the Trust shall have the right to refuse to deliver fiords for closing if the Trust and the Department of Environmental Protection determine the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the Acquisition of the Project Site. If it is determined by the Trust and the Department of Environmental Protection that a delay in, or termination of the Acquisition is necessary, the Trust shall inunediatel,~fy the Reci ip ent• The Trust shall immediatel~fy all other parties to the Purchase Agreement of the action taken and the basis for the action. Specific Authority 380.507(11). 380.5105(21 FS. Law Implemented 259.105. 380.501-.515 FS. History-New Specific Authority 380.507(11), 380.5105(2 FS. Law Implemented 259.105, 380.501-.515 FS. History-New NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1711 NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary of Department of Community Affairs and Chair of the Florida Communities Trust Governing Board DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2008 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled "Official Notices." 9K-10.011 Closine. (11 Prior to closing the Trust shall prepaze a grant reconciliation statement which shall evidence exQenditures for all eligible Project Costs for the Proiect Site. The reconciliation statement shall be based on the prepared Buyer and Seller closing statements. the prepaid Project Costs of the Recipient and the Trust evidenced by paid receipts, any reimbursements to the Seller or others to be made after closing, the Award amount and anv revisions to the Award. The reconciliation statement shall evidence the amount of funds needed from the Trust and Recipient in order that the closing may occur. (21 The Trust shall have the authority to modi the Purchase Agreement to extend the time for option exercise. closing, date. submittal deadlines or anv other time limit relating to such agreement. The Trust shall also have the authority to execute or modify all documents necessary for the implementation of Trust action. such as the Purchase Agreement, letter of notification of exercise of option, leases, easements. legal descriptions, deeds, assi ents, and other miscellaneous agreements and affidavits. provided the modification does not change the substance nor the scone of Trust approval, and provided the document executed or modified was either approved by the Trust or contemplated by Trust approval. Any changes in the purchase price to be paid to the Seller(s) not contemplated by the terms of the Purchase Agreement must be approved by the Trust. An extension or modification may only be made under the terms of the Purchase Agreement, or with the Seller's agreement, DEPARTMENT OF CORRECTIONS RULE NO: RULE TITLE: 33-208.002 Rules of Conduct PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to require employees to keep the department aware of the status of any criminal case or charge against the employee. SUMMARY: The proposed amendment to Rule 33-208.002, F.A.C., requires employees to make a full written report of any status change in an arrest, Notice to Appear, or criminal charge filed against the employee. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. SPECIFIC AUTHORITY: 944.09 FS. LAW IMPLEMENTED: 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500 Section II -Proposed Rules 4589 ~Z ,. I 1 H Z Q t~ H Z O oC w H Q O Z Q cn Z Q V o.. I.t.. W 0 W Z Z~ W J ~ Qa Z ~a m~ 0 w Q W _ ~ ~ D ~~~~~ ~~O°~ ~ ~ ~ N ~D 3 ~ V~ ~ ~ ~ ~ ~ ~ A ~ ~ ~ ~ ~ ~, ~ V~ n ~D O p cD _ Z ~ ^ ~ ~ (/~ Z ~ ~ C1 -ti y. ~D ~D ~ S ~. ~ ~ ~ ~ ~ ~ ~ ~ _ ~ O ~ < ~ ~, ~ ~D Q 3 ~ ~ ~ ~ V y1 ~ (D ~. V ~F _ ~• ~F A ~ ~ (~ O. p ~ = < ~ -. C7 ~D ~, =~ ~ V1 V 2 3 ~ cp ~ Z ~ 0 O ~ O ~ ~ ~ ~ _. n D ~' D o~~~o __ _. ~-'~'~~~ ~+ ~ ~ ~ C7 ~ ~. 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