Florida Regulations 62D-5.070: General Requirements
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The following constitute the general requirements for the program.
(1) DISTRIBUTION OF PROGRAM FUNDS. LWCF funds are distributed as grants by the Department on a matching, project-by-project basis, to approved applicants after a competitive evaluation of eligible program applications submitted within announced application submission periods. The Department’s performance and obligation to award program grants are contingent upon an annual apportionment from NPS and expenditure authorization by the Florida Legislature.
(2) MANUAL. The Department, applicants, and grantees shall meet all program requirements set forth in the Land and Water Conservation Fund Grants Manual. The manual is hereby incorporated by reference and is available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000.
(3) PLAN. All projects receiving grant assistance through LWCF shall implement the Plan.
(4) ELIGIBLE APPLICANTS. All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public may submit LWCF applications during the application submission period.
(5) PROJECT ELIGIBILITY. LWCF grants are awarded to grantees for projects that are for the sole purpose of providing outdoor recreation opportunities to the public. Applicants may request funds for the following types of projects:
(a) Acquisition. The acquisition of real property or interests and rights therein by various legal means.
(b) Development. Projects for the construction, expansion, renovation/repair or installation of the following:
1. Primary Facilities. LWCF funds are awarded for one or a combination of natural or man-made sites and facilities, such as: beach access improvements, fishing piers, boat ramps and docks, canoe trails, boardwalks and riverwalks, observation towers, baseball and softball fields, tennis and basketball courts, playgrounds, and hiking, interpretive, and bicycle trails. Enclosed buildings and structures are ineligible facilities. Primary facility cost must be equal to, or greater than, 50 percent of the total project cost.
2. Support Facilities and Improvements. LWCF funds can be awarded for support facilities and improvements, such as: parking lots, restrooms, bathhouses, combined restroom-concession stand buildings, access roads, landscaping, lighting, fencing, signs, and handicap ramps which would have little or no recreational value without the primary facilities. Enclosed buildings and structures, except for restrooms, bathhouses, and combined restroom-concession stand buildings are ineligible facilities.
(6) MATCH REQUIREMENTS. Match requirements for LWCF grant projects are set forth below:
(a) Matching Basis. LWCF assistance is provided on a 50 percent (program/grantee) matching basis.
(b) Eligible Match Types. A grantee may utilize the following types of match sources:
1. Development Project:
a. Cash,
b. In-kind service costs, or
c. Donated real property pursuant to this Part and the Manual.
2. Acquisition Project:
a. Cash, or
b. Real property donated pursuant to this Part and the Manual.
(c) Ineligible Match Types. Ineligible match sources include real property acquired or funds obtained from any of the following sources:
1. FRDAP, RTP, and LWCF funds,
2. Donated value of real property acquired prior to Department approval or through LWCF; and,
3. Other state or federal grant or land acquisition programs such as: legislative special interest projects, Save Our Coast Program, Preservation 2000, Florida Forever, Conservation and Recreation Lands Program, Save Our Rivers Program, and Land Acquisition Trust Fund. Funding sources identified in sections 640.1.7 and 670.1.5 of the Manual are eligible match types.
(7) GRANT AWARD. The Secretary shall approve applications to the extent of available program funds, based on a review of the recommended application priority lists established pursuant to subsections 62D-5.070(8) and (9), F.A.C., of this part.
(8) PROGRAM AMOUNT ALLOCATION. The program amount shall be divided into two categories: acquisition and development. The acquisition category will be assigned the first 25 percent of the program amount. The remaining program amount will be assigned to the acquisition and development categories based on the percentage of funds requested in each category in relationship to the total amount of requested funds in all eligible program applications.
(9) RECOMMENDED APPLICATION PRIORITY LISTS. All eligible applications shall be divided into acquisition and development categories and evaluated according to Fl. Admin. Code R. 62D-5.072, of this part. A total point score shall be assigned to each application. Department staff shall prepare two priority lists according to the type of category: acquisition and development. Applications shall be ranked on the priority lists according to assigned point scores. The application with the highest score will receive the highest priority. The remaining applications will be arranged in descending order according to their assigned point scores. The priority lists shall rank all eligible applications and include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds assigned to one category, the remaining funds may be applied to the other category.
(10) SITE CONTROL. The site of an LWCF development project shall be owned by the applicant, or shall be under lease to the applicant from another public agency for a period of time sufficient to satisfy the dedication period required by this rule. Other forms of real property interest will be considered if the applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time; and that such interest cannot be unilaterally or arbitrarily canceled by the grantor of the interest. Eligible sites shall not include school board property. Eligible sites shall be dedicated or managed for public outdoor recreational use pursuant to Fl. Admin. Code R. 62D-5.074, of this part.
(11) RETROACTIVE PROJECTS. Land acquired for public outdoor recreation purposes prior to the date of project approval by NPS shall be eligible for LWCF consideration if the applicant obtains a waiver of retroactivity from Department staff before entering into formal negotiations to acquire the property. Prior to undertaking such negotiations, an applicant shall contact Department staff at Bureau of Design and Recreation Services, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896, for forms and instructions.
(12) HANDICAPPED ACCESSIBILITY. Grantee must comply with Sections 553.501-.513, F.S., and the Uniform Federal Accessibility Standards. These standards are incorporated by reference and may be obtained from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.
(13) PUBLIC ACCESSIBILITY. Program projects must be accessible to the public on a non-exclusive basis without regard to age, sex, race, religion, marital status, disability, or ethnic group.
(14) ENTRANCE FEES. Reasonable differences in admission fees on the basis of residence for program projects are permitted if they comply with section 675.9.2.B of the Manual.
(15) FEDERAL COMPLIANCE AND ASSURANCES. LWCF applicants and approved grantees shall comply with all federal laws, rules, and regulations pursuant to sections 650.1 and 660.3 of the Manual.
(16) NATIVE PLANTINGS. In developing a project site with program funds, a grantee shall use only vegetation native to the area except for lawn grasses.
(17) UNSETTLED CLAIMS. The Department shall deny or suspend program eligibility or withhold grant funds to any applicant or grantee against which the Department has an unsettled financial claim.
Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History-New 7-15-01.
Terms Used In Florida Regulations 62D-5.070
- Grantor: The person who establishes a trust and places property into it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) MANUAL. The Department, applicants, and grantees shall meet all program requirements set forth in the Land and Water Conservation Fund Grants Manual. The manual is hereby incorporated by reference and is available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000.
(3) PLAN. All projects receiving grant assistance through LWCF shall implement the Plan.
(4) ELIGIBLE APPLICANTS. All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public may submit LWCF applications during the application submission period.
(5) PROJECT ELIGIBILITY. LWCF grants are awarded to grantees for projects that are for the sole purpose of providing outdoor recreation opportunities to the public. Applicants may request funds for the following types of projects:
(a) Acquisition. The acquisition of real property or interests and rights therein by various legal means.
(b) Development. Projects for the construction, expansion, renovation/repair or installation of the following:
1. Primary Facilities. LWCF funds are awarded for one or a combination of natural or man-made sites and facilities, such as: beach access improvements, fishing piers, boat ramps and docks, canoe trails, boardwalks and riverwalks, observation towers, baseball and softball fields, tennis and basketball courts, playgrounds, and hiking, interpretive, and bicycle trails. Enclosed buildings and structures are ineligible facilities. Primary facility cost must be equal to, or greater than, 50 percent of the total project cost.
2. Support Facilities and Improvements. LWCF funds can be awarded for support facilities and improvements, such as: parking lots, restrooms, bathhouses, combined restroom-concession stand buildings, access roads, landscaping, lighting, fencing, signs, and handicap ramps which would have little or no recreational value without the primary facilities. Enclosed buildings and structures, except for restrooms, bathhouses, and combined restroom-concession stand buildings are ineligible facilities.
(6) MATCH REQUIREMENTS. Match requirements for LWCF grant projects are set forth below:
(a) Matching Basis. LWCF assistance is provided on a 50 percent (program/grantee) matching basis.
(b) Eligible Match Types. A grantee may utilize the following types of match sources:
1. Development Project:
a. Cash,
b. In-kind service costs, or
c. Donated real property pursuant to this Part and the Manual.
2. Acquisition Project:
a. Cash, or
b. Real property donated pursuant to this Part and the Manual.
(c) Ineligible Match Types. Ineligible match sources include real property acquired or funds obtained from any of the following sources:
1. FRDAP, RTP, and LWCF funds,
2. Donated value of real property acquired prior to Department approval or through LWCF; and,
3. Other state or federal grant or land acquisition programs such as: legislative special interest projects, Save Our Coast Program, Preservation 2000, Florida Forever, Conservation and Recreation Lands Program, Save Our Rivers Program, and Land Acquisition Trust Fund. Funding sources identified in sections 640.1.7 and 670.1.5 of the Manual are eligible match types.
(7) GRANT AWARD. The Secretary shall approve applications to the extent of available program funds, based on a review of the recommended application priority lists established pursuant to subsections 62D-5.070(8) and (9), F.A.C., of this part.
(8) PROGRAM AMOUNT ALLOCATION. The program amount shall be divided into two categories: acquisition and development. The acquisition category will be assigned the first 25 percent of the program amount. The remaining program amount will be assigned to the acquisition and development categories based on the percentage of funds requested in each category in relationship to the total amount of requested funds in all eligible program applications.
(9) RECOMMENDED APPLICATION PRIORITY LISTS. All eligible applications shall be divided into acquisition and development categories and evaluated according to Fl. Admin. Code R. 62D-5.072, of this part. A total point score shall be assigned to each application. Department staff shall prepare two priority lists according to the type of category: acquisition and development. Applications shall be ranked on the priority lists according to assigned point scores. The application with the highest score will receive the highest priority. The remaining applications will be arranged in descending order according to their assigned point scores. The priority lists shall rank all eligible applications and include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds assigned to one category, the remaining funds may be applied to the other category.
(10) SITE CONTROL. The site of an LWCF development project shall be owned by the applicant, or shall be under lease to the applicant from another public agency for a period of time sufficient to satisfy the dedication period required by this rule. Other forms of real property interest will be considered if the applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time; and that such interest cannot be unilaterally or arbitrarily canceled by the grantor of the interest. Eligible sites shall not include school board property. Eligible sites shall be dedicated or managed for public outdoor recreational use pursuant to Fl. Admin. Code R. 62D-5.074, of this part.
(11) RETROACTIVE PROJECTS. Land acquired for public outdoor recreation purposes prior to the date of project approval by NPS shall be eligible for LWCF consideration if the applicant obtains a waiver of retroactivity from Department staff before entering into formal negotiations to acquire the property. Prior to undertaking such negotiations, an applicant shall contact Department staff at Bureau of Design and Recreation Services, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896, for forms and instructions.
(12) HANDICAPPED ACCESSIBILITY. Grantee must comply with Sections 553.501-.513, F.S., and the Uniform Federal Accessibility Standards. These standards are incorporated by reference and may be obtained from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.
(13) PUBLIC ACCESSIBILITY. Program projects must be accessible to the public on a non-exclusive basis without regard to age, sex, race, religion, marital status, disability, or ethnic group.
(14) ENTRANCE FEES. Reasonable differences in admission fees on the basis of residence for program projects are permitted if they comply with section 675.9.2.B of the Manual.
(15) FEDERAL COMPLIANCE AND ASSURANCES. LWCF applicants and approved grantees shall comply with all federal laws, rules, and regulations pursuant to sections 650.1 and 660.3 of the Manual.
(16) NATIVE PLANTINGS. In developing a project site with program funds, a grantee shall use only vegetation native to the area except for lawn grasses.
(17) UNSETTLED CLAIMS. The Department shall deny or suspend program eligibility or withhold grant funds to any applicant or grantee against which the Department has an unsettled financial claim.
Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History-New 7-15-01.