18-24.001: General and Definitions
18-24.002: Public Purposes and Categories of Projects Qualifying for Funding
18-24.0021: Florida Forever Criteria
18-24.0022: Florida Forever Goals and Numeric Performance Measures
18-24.003: Application Procedures and Requirements
18-24.004: Initial Review of Project Proposals
18-24.005: Full Review of Project Proposals
18-24.006: Council Evaluation and Grouping
18-24.007: Board of Trustees Consideration
18-24.008: Capital Improvement and Restoration Proposals
PURPOSE AND EFFECT: To comply with new statutory requirements, rules applying to criteria, goals and measures for the Florida Forever land acquisition, management and restoration program and the Council’s evaluation, selection and ranking of Florida Forever projects shall be developed for consideration of the Board of Trustees.
SUMMARY: Revision of the Florida Forever Program’s criteria, goals and performance measures and the Council’s procedures for evaluating and ranking Florida Forever projects.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 259.035, 259.105 FS.
LAW IMPLEMENTED: 259.035, 259.105 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: the Office of Environmental Services at (850)245-2784. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Greg Brock, Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Blvd., M.S. 140, Tallahassee, Florida 32399-3000; phone: (850)245-2784; E-mail: greg.brock@dep.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
18-24.001 General and Definitions.
(1) This chapter is promulgated to set forth the procedures, standards, and criteria for the evaluation and selection of lands proposed for acquisition, restoration, and other capital improvements with funds from the Florida Forever Trust Fund pursuant to paragraph 259.105(3)(b), F.S., and to set forth the performance measures for all programs funded pursuant to subsection 259.105(3), F.S.
(2) For the purposes of this chapter, the following terms are defined as follows:
(a) through (f) No change.
(g) “Ecosystem management team” as used in paragraph 259.105(9)(h), F.S., means a team of citizens and agency representatives, formed and administered by the Department of Environmental Protection under its watershed or ecosystem management initiative.
(h) “Florida Forever Conservation Needs Assessment” refers to an analysis of the geographic distribution of Florida’s natural resources as required by the Florida Forever Act and developed and continually updated for the Department of Environmental Protection by the Florida Natural Areas Inventory in collaboration with the Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the University of Florida, the water management districts, the Department of State’s Division of Historical Resources, and other agencies and organizations with scientific or technical information on the natural, historical or recreational resources of Florida, incorporated herein by reference.
(i)(h) “Florida Forever criteria” means the criteria outlined in subsections 259.105(9) and (10), as amended herein pursuant to Section 259.035(4)(b), F.S.
(j)(i) “Florida Forever goals and measures” means the goals and measures outlined in subsection 259.105(4), F.S., as amended herein to reflect the findings of the Florida Forever Advisory Council, pursuant to Section 259.035(4)(b), F.S 259.0345. Amendments to subsection 259.105(4) adopted in the 2001 legislative session shall be considered by ARC and the Board in their evaluations under this rule after the effective date of the 2001 amendments.
(j) through (l) renumbered (k) through (m) No change.
(n)(m) “Less-than-fee acquisition”, as used in Chapter 259, F.S., and in this chapter, means acquisition of an interest in property that is not a full fee simple interest acquisition of less than fee simple title to real property, such as a conservation easement.
(n) through (q) renumbered (o) through (r) No change.
(s) “Resource-based recreation” or “natural resource-based recreation” or “resource-based public recreational and educational opportunities” means compatible outdoor recreation that is dependent on some particular element in the natural or historical environments and which require some natural condition that cannot easily be duplicated by people, as deemed appropriate in land management plans approved by the Council. Visiting historical and archaeological sites is also included because such sites, while not strictly natural resources, suffer the same limitations of being fixed in both quantity and location.
(r) through (s) renumbered (t) and (u) No change.
(v) “Tax assessed value” means the county property appraiser’s “just value”, “just valuation”, “actual value” or “value”, all of which are defined as the price at which a property, if offered for sale in the open market, with a reasonable time for the seller to find a purchaser, would transfer for cash or its equivalent, under prevailing market conditions between parties who have knowledge of the uses to which the property may be put, both seeking to maximize their gains and neither being in a position to take advantage of the exigencies of the other.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended________.
18-24.002 Public Purposes and Categories of Projects Qualifying for Funding.
(1) Projects proposed to be funded pursuant to paragraph 259.105(3)(b), F.S., must meet at least one of give weight to the criteria outlined under in subsections 259.105(9) and (10) and further described in Rule 18‑24.0021, F.A.C., and shall meet at least two of the Florida Forever goals and measures outlined in subsection 259.105(4), F.S., and further described in Rule 18‑24.0022, F.A.C., as amended to reflect the findings of the Florida Forever Advisory Council, pursuant to section 259.0345. Amendments to subsection 259.105(4) adopted in the 2001 legislative session shall be considered by ARC and the Board in their evaluations under this rule after the effective date of the 2001 amendments.
(2) No change.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended________.
18-24.0021 Florida Forever Criteria.
For acquisition projects, the council shall give weight during project selection and ranking to the following Florida Forever criteria:
(1) The project meets multiple Florida Forever goals described in Rule 18-24.0022, F.A.C.
(2) The project is part of an ongoing governmental effort to restore, protect, or develop land areas or water resources.
(3) The project enhances or facilitates management of properties already under public ownership.
(4) The project has significant archaeological or historic value. The relative significance of the archaeological or historical values for each acquisition project will be determined based on information obtained from the Department of State, Division of Historical Resources.
(5) The project has funding sources that are identified and assured through at least the first 2 years of the project.
(6) The project contributes to the solution of water resource problems on a regional basis. The applicability of the project’s contribution to the solution of water resource problems on a regional basis will be evaluated based on information obtained from the water management district within which the project is located.
(7) The project has a significant portion of its land area in imminent danger of development, in imminent danger of losing its significant natural attributes or recreational open space, or in imminent danger of subdivision which would result in multiple ownership and make acquisition of the project costly or less likely to be accomplished. In reviewing the applicant’s information and making a determination concerning the imminent danger of development, subdivision, or loss of natural attributes or recreational open space, the council may utilize information provided by the Division of State Lands, the affected local governments, or the Department of Community Affairs.
(8) The project implements an element from a plan developed by an ecosystem management team.
(9) The project is one of the components of the Everglades restoration effort. The project’s applicability to the Everglades restoration effort will be based on information obtained from the South Florida Water Management District.
(10) The project may be purchased at 80 percent of appraised value, based on the state’s appraised value.
(11) The project may be acquired, in whole or in part, using alternatives to fee simple, including but not limited to, tax incentives, mitigation funds, or other revenues; the purchase of development rights, hunting rights, agricultural or silvicultural rights, or mineral rights; or obtaining conservation easements or flowage easements.
(12) The project is a joint acquisition, either among public agencies, nonprofit organizations, or private entities, or by a public-private partnership.
Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New________.
18-24.0022 Florida Forever Goals and Numeric Performance Measures.
(1) The Florida Forever goals and measures described in this rule apply to all programs that receive Florida Forever Trust Funds pursuant to Section 259.105(3), F.S. Some goals and measures are specific to acquiring land, while others are primarily measures for capital improvement expenditures. Some measures are not directly related to Florida Forever program activities per se, but are general ecosystem function measures that may have an indirect connection or a post-acquisition land management or land use component. Some measures are specific to one or more of the programs funded under Florida Forever pursuant to Section 259.105(3), F.S., while the majority of the goals and measures overlaps with several programs.
(2) The council shall employ the following Florida Forever goals and measures when evaluating, selecting and ranking acquisition projects. Numeric values for these measures shall be supplied to the Council pursuant to paragraph 18-24.006(3)(c), F.A.C.:
(a) Enhance the coordination and completion of land acquisition projects, as measured by:
1. The number of acres proposed to be acquired that contribute to the enhancement of essential natural resources (such as retention of biodiversity and water quantity and quality), ecosystem service parcels (such as those that assist in carbon sequestration, flood control and storm surge protection), and connecting linkage corridors, as identified and developed by the best available scientific analysis, and measured under goals paragraphs (2)(b), (c), (d), and (g) of this rule.
2. The number of acres proposed to be protected through the use of alternatives to fee-simple acquisition.
3. The number of Florida Forever acquisition funding partners and partners with other funding sources, including the percent of funding to be derived from partnerships, and the estimated amount of funds to be made available by the funding partners.
4. For ranking purposes only, the remaining acres and percent completion of each project on the Florida Forever list.
(b) Increase the protection of Florida’s biodiversity at the species, natural community, and landscape levels, as measured by:
1. The number of acres proposed to be acquired of significant strategic habitat conservation areas, as identified in the Florida Forever Conservation Needs Assessment.
2. The number of acres proposed to be acquired of highest priority conservation areas for Florida’s rarest species, as identified in the Florida Forever Conservation Needs Assessment.
3. The number of acres proposed to be acquired of significant landscapes, landscape linkages, and conservation corridors, giving priority to completing linkages, as identified in the Florida Forever Conservation Needs Assessment.
4. The number of acres proposed to be acquired of underrepresented native ecosystems, as identified in the Florida Forever Conservation Needs Assessment.
5. The number of acres proposed to be acquired that would establish or enhance a landscape-sized protection area of at least 50,000 acres that exhibits a mosaic of predominantly intact or restorable natural communities, as identified in the Florida Forever Conservation Needs Assessment.
6. The number of imperiled species known or reported to occur on the acquisition project.
(c) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:
1. The number of acres proposed to be acquired that enhance the management feasibility of existing conservation lands, as documented by the affected agency(ies) that manage or own the existing conservation lands.
2. The number of acres proposed to be acquired for restoration, enhancement, and management as identified in plans prepared pursuant to Section 373.199, F.S., the management prospectus for an acquisition project prepared pursuant to Section 259.032(9)(d), F.S., or the Florida Ecological Restoration Inventory, which is maintained by the Department of Environmental Protection’s Division of Water Resource Management and available at www.dep.state.fl.us/water/wetlands/feri or by writing Florida Wetland Restoration Information Center, 2600 Blair Stone Road, M.S. 3500, Tallahassee, Florida 32399; or by calling (850)245-8336.
3. The number of acres proposed to be acquired that protect natural floodplain functions, as identified in the Florida Forever Conservation Needs Assessment.
4. The number of acres proposed to be acquired that protect surface waters of the state in designated watersheds, as identified in the Florida Forever Conservation Needs Assessment.
5. The number of acres proposed to be acquired to minimize damage from flooding, as identified by the Department of Environmental Protection in coordination with the water management districts.
6. The number of acres proposed to be acquired that protect fragile coastal resources, as identified in the Florida Forever Conservation Needs Assessment. These include those acres that help species and natural communities adapt to climate change.
7. The number of acres of functional wetland systems proposed to be protected, as identified in the Florida Forever Conservation Needs Assessment.
(d) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by:
1. The number of acres proposed to be acquired which provide retention and storage of surface water in naturally occurring storage areas, such as lakes and wetlands, consistent with the maintenance of water resources or water supplies and consistent with district water supply plans, as identified by the water management districts in plans prepared pursuant to Section 373.199, F.S.
2. The number of acres proposed to be acquired for a water resource development project, as identified in plans prepared pursuant to Section 373.199, F.S.
3. The number of acres proposed to be acquired of groundwater recharge areas critical to springs, sinks, aquifers, other natural systems, or water supply, as identified in the Florida Forever Conservation Needs Assessment.
(e) Increase natural resource-based public recreational and educational opportunities, as measured by:
1. The number of acres proposed to be acquired that are proposed to be available for potential natural resource-based public recreation or education, as identified by the Department of Environmental Protection in coordination with other agencies.
2. The miles of trails that are proposed to be made available for public recreation, giving priority to those that provide significant connections including those that will assist in completing the Florida National Scenic Trail, as identified in the Florida Forever Conservation Needs Assessment.
3. For ranking purposes only, the population served within 100 miles of the acquisition project.
(f) Preserve significant archaeological or historic sites, as measured by:
1. The number and relative significance of archaeological sites identified on the acquisition proposal, as reported by the Department of State’s, Division of Historical Resources in the Florida Master Site File.
2. The number and relative significance of historic sites identified on the acquisition proposal, as reported by the Department of State’s, Division of Historical Resources in the Florida Master Site File.
(g) Increase the amount of agricultural and forest land available for sustainable management of natural and agricultural resources, as measured by:
1. The number of acres proposed to be acquired that are potentially available for sustainable forest management and could provide economic return utilizing multiple-use management, as identified in the Florida Forever Conservation Needs Assessment.
2. The number of acres of forestland proposed to be acquired that will serve to maintain natural groundwater recharge functions, as identified by overlaying data from measures subparagraphs (d)3. and (g)1. above.
3. For ranking purposes only, the number of acres of improved agricultural lands proposed to be protected, as verified by the Department of Agriculture and Consumer Services in coordination with the landowner.
4. For ranking purposes only, the number of acres of unimproved agricultural lands proposed to be protected, as verified by the Department of Agriculture and Consumer Services in coordination with the landowner.
5. The number of development units proposed to be acquired, as verified by the landowner through the approved local government comprehensive plan.
(h) Increase the amount of open space available in urban areas, as measured by:
1. The number of acres proposed to be purchased of open space within urban service areas.
2. The number of linear feet proposed to be acquired to protect working waterfronts, as defined in Section 380.503(18)(a) and (b), F.S.
(3) For capital improvement project proposals the following goals and measures are applicable:
(a) Protect, restore, and maintain the quality and natural functions of land, water and wetland systems of the state, as measured by:
1. The number of acres of publicly owned land identified that are proposed to be restored or enhanced.
2. The proposed percentage completion of targeted capital improvements in surface water improvement and management plans created pursuant to Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans if such project were funded.
3. The number of acres of public conservation lands in which upland invasive, exotic plants are proposed to be treated to bring them under maintenance control.
(b) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by the quantity of water proposed to be made available through Florida Forever expenditures for water resource development.
(c) Increase natural resource-based public recreational and educational opportunities, as measured by the number of new resource-based recreation facilities, by type, proposed to be made available on public land.
(4) The following list includes Florida Forever performance measures that may not directly relate to land acquisition selection or capital improvement expenditures, but are general ecosystem function measures that may have an indirect connection or measures that have a post-acquisition, land management or land use component that was not captured in subsections (2) and (3) above:
(a) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:
1. The number of acres of publicly owned land identified as needing restoration, enhancement, and management, acres undergoing restoration or enhancement, acres with restoration activities completed, and acres managed to maintain such restored or enhanced conditions; the number of acres which represent actual or potential imperiled species habitat; the number of acres which are available pursuant to a management plan to restore, enhance, repopulate, and manage imperiled species habitat; and the number of acres of imperiled species habitat managed, restored, enhanced, repopulated, or acquired.
2. The percentage of water segments that fully meet, partially meet, or do not meet their designated uses as reported in the Department of Environmental Protection's State Water Quality Assessment 305(b) Report.
3. The percentage completion of targeted capital improvements in surface water improvement and management plans created under Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans.
4. The percentage of miles of critically eroding beaches contiguous with public lands that are restored or protected from further erosion;
5. The percentage of public lakes and rivers in which invasive, nonnative aquatic plants are under maintenance control, as reported by entities that manage state conservation lands.
6. The number of acres of public conservation lands in which upland invasive, exotic plants are under maintenance control, as reported by entities that manage state conservation lands.
(b) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by the quantity of water made available through the water resource development component of a district water supply plan for which a water management district is responsible.
(c) Increase natural resource-based public recreational and educational opportunities, as measured by the number of new resource-based recreation facilities, by type, made available on public land.
(d) Preserve significant archaeological or historic sites, as measured by the increase in the number and percentage of historic and archaeological properties that are in state ownership.
(e) Increase the amount of agricultural and forest land available for sustainable management of natural and agricultural resources, as measured by:
1. The number of acres of state-owned forestland managed for economic return in accordance with current best management practices, as verified by the Department of Agriculture and Consumer Services in coordination with land managers, conservation easement monitors, and the landowners.
2. The percentage and number of acres identified for restoration actually restored by reforestation, as verified by the Department of Agriculture and Consumer Services in coordination with land managers, conservation easement monitors, and the landowners.
(f) Increase the amount of open space available in urban areas, as measured by:
1. The percentage of local governments that participate in land acquisition programs and acquire open space in urban service areas as defined in Sections 163.3164(29) and 163.3177(14), F.S.
2. The number of parks and open space projects proposed to be acquired within urban service areas as defined in Sections 163.3164(29) and 163.3177(14), F.S.
(5) For program expenditures to acquire lands or implement capital improvements that achieve one or more of the measures listed above in subsection (2), (3), or (4), each program funded under Section 259.105(3), F.S., shall report its accomplishments to the Department of Environmental Protection’s Division of State Lands by January 15 of each year. Recipients of Florida Forever funds shall also report on those measures that are not directly related to Florida Forever expenditures but are applicable to their program component as described in subsection (4).
(6) Statewide, uniform data sets shall be developed for each geographic-based numeric performance measure that is a component of the Florida Forever Conservation Needs Assessment. Each geographic-based data set shall attempt to identify and establish priorities for each performance measure. The Council may conduct one or more public workshops to receive scientific and technical advice on establishing targets for each of the geographic-based performance measures listed in subsection (2) as components of the Florida Forever Conservation Needs Assessment.
Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New_________.
18-24.003 Application Procedures and Requirements.
(1) through (2) No change.
(3) All acquisition project applications shall include the following:
(a) One original and seventeen twelve legible copies (or originals) of United States Geological Survey (USGS) topographic quadrangle maps, on which the boundaries of the project are clearly delineated.
(b) No change.
(c) Eighteen Thirteen legible copies of Florida Department of Transportation (FDOT) county general highway maps on which the boundaries of the proposed acquisition are clearly delineated.
(d) through (e) No change.
(f) Eighteen Thirteen copies of a written description of the lands being proposed for acquisition, including all of the following:
1. through 5. No change.
6. A clear statement detailing how the project meets criteria and furthers the goals and objectives outlined in Rules 18-24.0021 and 18-24.0022, F.A.C 18-24.002(1). For projects that are presumed to meet one or more of the following criteria, the applicant shall also provide, as appropriate, additional written information as follows:
a. For criterion subsection 18-24.0021(2), F.A.C., the applicant shall clearly describe the ongoing governmental effort, including a description of the resources that the effort is attempting to restore, protect or develop. The applicant shall also describe the governmental entity or entities involved in the effort and their current and proposed levels of financial support to complete the effort.
b. For criterion subsections 18-24.0021(3), F.A.C., the applicant shall identify the property under public ownership whose management will be enhanced or facilitated, and shall describe specifically how the acquisition project will enhance or facilitate the identified property’s management.
c. For criterion subsections 18-24.0021(7), F.A.C., the applicant shall describe the imminent threats to significant natural attributes or recreational open space, and explain how existing, applicable environmental policies and regulations at the local, regional or state level cannot provide for the protection of these resources and related environmental services.
d. For criterion subsections 18-24.0021(10), F.A.C., the applicant shall provide a notarized affidavit, signed by the landowner, indicating the landowner’s willingness to sell their property at 80 percent or less of the state’s appraised value.
e.7. For criterion subsections 18-24.0021(11), F.A.C., the applicant shall provide a description of the specific alternatives to fee simple that are applicable to each ownership within the project and A clear statement of whether the project is proposed for fee simple acquisition or less-than-fee acquisition, and why. If a less-than-fee acquisition is proposed, include a brief description of any known activities or property rights proposed to be acquired by the state and those proposed to be retained by the property owner.
f. For criterion subsection 18-24.0021(12), F.A.C., the applicant shall provide written evidence of the specific agencies, organizations or private entities that will contribute to joint acquisition of the project and the commitments made by each agency, organization or private entity to participate in the partnership.
(g) The applicant must provide eighteen thirteen copies of any oversized or color documents presented as part of the application for consideration by the Council.
(4) No change.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, and 259.105 FS. History–New 7-17-01, Amended_________.
18-24.004 Initial Review of Project Proposals.
(1) Complete applications shall receive an initial review by the Council starting within 60 days, or at the next regularly scheduled Council meeting, whichever occurs later. Initial review by the Council will consist of:
(a) through (d) No change.
(e) Review of the specific Florida Forever goals and measures met by the acquisition project to ensure compliance with subsection 18‑24.002(1), F.A.C. Acquisition projects not complying with subsection 18‑24.002(1), F.A.C., shall not be considered further.
(2) through (3) No change.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended________.
18-24.005 Full Review of Project Proposals.
No change to rule text.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 4-14-08.
18-24.006 Council Evaluation and Ranking Grouping.
(1) No change.
(2) Following the full review of projects pursuant to section 18-24.005, the Council shall select projects for inclusion on the list. An affirmative vote of at least five council members shall be required to place a project on the list to be presented to the Board. The Council may provide recommendations to the Division of State Lands on which category or categories to place each land acquisition project, or portions thereof.
(3) The Division of State Lands shall categorize the list pursuant to Section 259.105(17), F.S., in preparation for work plan development. The Council shall evaluate the entire list of approved projects and rank them individually in numerical priority order within each category group those for consideration by the Board as follows:
(a) Group A: Those acquisition projects proposed for approval, which will receive the highest priority for acquisition. Projects designated for Group A shall be so designated based on those which make the greatest contributions toward achieving the Florida Forever goals and measures, and the Florida Forever criteria. The number of projects designated for Group A shall be limited, as determined by the Council, based on the total estimated funds available for acquisition during the acquisition cycle for which the projects are scheduled, and the anticipated success rate of acquiring targeted projects.
(b) Group B: Those acquisition projects proposed for approval that are considered by the Council to be important, but not of the highest priority, based on the criteria stated in (a).
(c) Within Group A and Group B there will be three subgroups:
1. Fee Simple/Large Holdings Subgroup: Those acquisition projects made up predominantly of large ownerships to be acquired in fee simple;
2. Multi-Parcel or Small Holdings Subgroup: Those acquisition projects made up predominantly of small ownerships with individual values not exceeding one million dollars each; or individual acquisitions that are determined by the Council to contribute to achieving the Florida Forever goals, measures and criteria enough to qualify for acquisition, but are valued at less than one million dollars; and
3. Less-Than-Fee Acquisition Subgroup: Those acquisition projects where the majority of the project is proposed to be acquired in less than fee, such as conservation easements.
(a) When assigning priority rankings to projects the Council shall give increased priority to those projects that Within each of the subgroups in Group A and Group B, special consideration shall be given based on each project’s ability to meet the provisions of the Florida Forever criteria described in paragraphs 259.105(9)(j) and (l), F.S., as further described in paragraphs (10) and (12) of subsection 18‑24.0021, F.A.C., and in subsection 259.105(10), F.S., as described in paragraph (b).
(b) The council shall also give increased priority to those projects where the state’s land conservation plans overlap with the military's need to protect lands, water, and habitat to ensure the sustainability of military missions including:
1. Protecting habitat on nonmilitary land for any species found on military land that is designated as threatened or endangered, or is a candidate for such designation under the Endangered Species Act or any Florida statute, as determined by Florida Natural Areas Inventory in coordination with Florida Fish and Wildlife Conservation Commission or Department of Agriculture and Consumer Services;
2. Protecting areas underlying low-level military air corridors or operating areas, as described in official military documents presented by the affected military installations; and
3. Protecting areas identified as clear zones, accident potential zones, and air installation compatible use buffer zones delineated by our military partners, and for which federal or other funding is available to assist with the project pursuant to subsection 18‑24.021(11), F.A.C.
(c)(4) Priority rankings for each project Project groupings shall be determined by the Council based on the results of the full review detailed in Rule 18-24.005, F.A.C., a comparative analysis of each project’s ability to meet the Florida Forever goals and measures and the Florida Forever criteria as identified in Rules 18-24.0021 and 18-24.0022, F.A.C., and additional information as identified in paragraphs (a), (b), and (d). As an initial information source for conducting this comparative analysis, the Department of Environmental Protection shall provide the council a comparative analysis and evaluation of each Florida Forever Project, which shall include rankings for each geographic-based resource type outlined in the subsection 18‑24.0022(2), F.A.C., as well as rankings based on an efficient resource analysis using a computer modeling approach to conservation reserve design that involves iterative site selection, which describes those projects offering the greatest return in resource protection given the estimated acreage likely to be acquired by the Florida Forever Program. The Council may conduct a public workshop to receive scientific and technical advice on establishing targets for each of the geographic-based resources being measured and evaluated pursuant to subsection 18‑24.0022(6), F.A.C. The Department also shall provide the council with a matrix of the criteria met by each project including the criteria described in paragraph (b), as well as information on the current status of negotiations to acquire property on the Division of State Lands work plan as described in subsection (6). The Council may also consider any other contributing technical analysis of Florida Forever projects submitted by Council members, other organizations or persons in conducting its review of projects for priority ranking.
(d) The Council shall also consider the following when developing its priority list:
1. Projects that are considered priority resources, as described in subsection 18‑24.0022(6), F.A.C., for multiple Florida Forever goals shall be given greater consideration than those that are considered priority resources for fewer or only one Florida Forever goal. Projects that meet multiple Florida Forever criteria, as described in Rule 18‑24.0021, F.A.C., shall be given greater consideration than those that meet fewer or only one Florida Forever criterion.
2. Projects with the greatest percentage of acreage acquired, as measured by subparagraph 18‑24.0022(2)(a)4., F.A.C., shall be given greater consideration than those with a lesser percentage of acreage acquired if the remaining lands to be acquired contribute significantly to the Florida Forever goals and measures.
3. Projects that close a critical gap in a recreational or ecological greenway, or landscape linkage, shall be given greater consideration than those that do not.
4. Projects that provide the greatest opportunities for resource-based recreation as identified in the State Comprehensive Outdoor Recreation Plan, which is prepared by the Department of Environmental Protection’s Division of Recreation and Parks for the State of Florida pursuant to Section 375.021, F.S., shall be given greater consideration than those that provide fewer opportunities for resource-based recreation.
5. Lands that help to address the challenges of global climate change by providing opportunities to sequester carbon, provide habitat, protect coastal lands or barrier islands, and otherwise mitigate and help adapt to the effects of sea-level rise, shall be given greater consideration than those that do not.
6. Many factors, other than technical resource data, are important in the project evaluation, selection, and ranking process. For example threat of development or loss of resource values are difficult factors with no clear methodology for comparing projects numerically at this time. Similarly, public support, owner’s willingness to sell at a reasonable price, management needs and other important factors takes on many forms that are not readily quantifiable. Additionally, other important information that may not be explicitly captured by the current Florida Forever goals and measures may be presented to the Council in the Project Evaluation Report, prepared pursuant to Rule 18‑24.005, F.A.C., or during public hearings held pursuant to paragraphs 18‑24.004(1)(c) and 18‑24.005(3)(c), F.A.C. The Council shall consider these and other factors identified during the project evaluation and public hearings of the council as additional information when deciding where to rank a project on the priority list.
(4)(5) The estimated value of all projects recommended to the Board by the Council, shall exceed the amount of money available in the Fund for acquisition.
(5)(6) All acquisition projects approved by the Board shall be eligible for funding, with available resources targeted initially toward projects in High Resource Priority Group of the work plan developed pursuant to subsection (6) A. However, the Board may approve the purchase of any project from any group or subgroup in furtherance of the intent expressed in paragraph 259.105(2)(e), F.S.
(6) The Division of State Lands shall prepare a categorized acquisition work plan pursuant to Section 259.105(17), F.S. The work plan shall be submitted to the Council at a public meeting. After receiving public testimony during at least one public meeting or hearing, the Council may require the Division to amend the work plan but, once satisfied, shall adopt the work plan by a majority vote of its members. A copy of the work plan shall be provided to the Board no later than October 1 of each year. The Division of State Lands will use the Council’s priority list to develop its work plan. Projects in each of the work plan categories shall be placed in priority groups as follows:
(a) High Priority Group: Those acquisition projects proposed for approval, which will receive the highest priority for acquisition. Projects designated for this group shall be so designated based on the Council’s priority ranking. The acreage of projects designated for the High Priority Group within each category shall be limited to the top 33% or less of the acreage of projects within each category on the list, as determined by the Council.
(b) Medium Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not of the highest priority. The acreage of projects designated for the Medium Priority Group shall be limited to 33% or less of the acreage of projects within each category on the list, as determined by the Council.
(c) Low Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not as important as those included in the high and medium resource priority groups. The Low Priority Group shall include at least 33% of the acreage of projects within each category on the list, as determined by the Council.
(7) Before consideration for acquisition from the Fund, projects remaining on the Conservation and Recreation Lands (CARL) list shall be evaluated by the Council as directed by subsection 259.105(16), F.S. Those projects recommended for approval will then be grouped as described in subsection 18-24.006(3), F.A.C.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended________.
18-24.007 Board of Trustees Consideration.
No change to rule text.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01.
18-24.008 Capital Improvement and Restoration Proposals.
(1) No change.
(2) All capital improvement projects, whether restoration or other, which are presented in an application to the Council for funding consideration, must be contemplated included in a prospectus or a land management plan submitted and approved pursuant to Sections 253.034 and 259.032, F.S.
(3) All capital improvement project applications presented to the Council for funding consideration must include all of the following:
(a) through (c) No change.
(d) A description of the landscape changes or management objectives intended to be achieved by the project, and how the project’s effects or impacts will be monitored or measured.
(e) A detailed description of the physical work to be performed to complete the project.
(e)(f) A description of any recreational activities that may be enhanced, impeded or curtailed by the project.
(g) A description of how the project’s success will be measured, or a detailed description of how the project’s effects will be monitored.
(f)(h) A detailed breakdown of the costs being requested from the Fund for the project.
(4) through (5) No change.
(6) At least three percent, but no more than ten percent, of the funds annually allocated pursuant to paragraph 259.105(3)(b), F.S., shall be spent on capital project expenditures that meet land management planning activities necessary for public access. Funding for all capital improvement projects shall not exceed 10 percent of the total annual allocation to the Fund. The Council may choose, in any annual funding cycle, to recommend for approval less than 10 percent of the total annual allocation to the fund for capital improvement projects.
Rulemaking Specific Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended________.