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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
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