Florida Regulations 62D-5.071: Application Requirements And Processing
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The following constitute the general requirements and procedures for application submittal and processing.
(1) APPLICATION SUBMISSION PERIOD. The Department shall accept program applications only during the application submission period. Applications shall be postmarked or received on or before the last day of the application submission period. The Department shall publicize the dates of the application submission period and other pertinent application information specified in this rule in the Florida Administrative Register. The Department shall announce additional application submission periods if sufficient funds remain after the initial funding cycle.
(2) MAXIMUM REQUEST. The Department shall announce the maximum funds that an applicant may request in a LWCF application when publicizing the establishment of an application submission period. The amount will depend on the level of federal funding available.
(3) NUMBER OF APPLICATIONS. An applicant may submit only one application during each announced application submission period. The application may contain no more than one project site except for sandy beach access sites.
(4) DUPLICATE PROJECTS. A grantee shall not apply for LWCF funds to complete an approved project funded by LWCF, FRDAP, RTP, or other sources such as those identified in Fl. Admin. Code R. 62D-5.070(6)(c), of this Part. An applicant shall not submit the same application, in whole or in part, under LWCF, RTP, or FRDAP in concurrent or overlapping funding cycles.
(5) ACTIVE PROJECTS. A grantee with two incomplete LWCF projects by the closing date of the announced application submission period shall not be allowed to apply for additional program funds.
(6) OUTDOOR RECREATION. LWCF grants shall only be awarded to grantees for projects that are for the sole purpose of providing outdoor recreational opportunities to the public.
(7) APPLICATION FORMS. The Land and Water Conservation Fund Program Application Form, FPS-A047, 7-15-01, 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, (850)488-7896.
(8) ELIGIBILITY DETERMINATION. Following closure of an application submission period, staff will review and determine the eligibility based on the following:
(a) Deficiency Documentation. The applicant may retain eligibility by submitting documentation missing from the application, such as: proof that applicant had site control by the submission period deadline, evaluation criteria, cost estimate, site development plan, or survey. This documentation must be submitted within 15 working days from date of deficiency notification.
(b) Ineligibility. An application, in whole or in part, may be declared ineligible by the Department pursuant to subsections 62D-5.070(10) and 62D.5.071(3)-(6), F.A.C., of this part. The Department may determine that a project site or facility is not viable or practical. A project site would not be considered practical if it has documented and unresolved environmental violations on the site.
(c) Application Evaluation. Each eligible application shall be evaluated on the basis of the information provided in the application and in accordance with Fl. Admin. Code R. 62D-5.072, of this part. Each shall be assigned a total point score pursuant to subsection 62D-5.070(9), F.A.C., of this part.
(9) PROJECT DOCUMENTATION. Following Secretary approval of the priority list of applications, the grantees shall submit to the Department the documentation described in the Land and Water Conservation Fund Program Approved Project Documentation Form, FPS-A048, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399- 3000, (850)488-7896. This documentation must be submitted in order for Department to apply for federal grant funds pursuant to Fl. Admin. Code R. 62D-5.068, of this part.
(a) Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures for acquisition projects and projects where the seller is donating real property as all or part of the grantee’s matching funds, the grantee shall submit to the Department an appraisal(s) obtained at its own expense, prepared in accordance with uniform appraisal standards for federal land acquisitions, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000.00 or less in appraised value, one appraisal is required. If the property exceeds $500,000.00 in appraised value, a second appraisal is required. The appraisal(s) shall be dated no earlier than six months prior to the closing date of the LWCF application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands under provisions of paragraphs 253.025(6)(b), 259.041(7)(c), F.S., and Fl. Admin. Code R. 18-1.007 The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station #110, Tallahassee, Florida 32399-3000, (850)245-2669. The Bureau of Appraisal shall approve the appraisals prior to submittal of the State application by the Department to NPS. The project cost is based on the purchase price or appraised value, whichever is lower. If two appraisals are required for the project, the lower of the purchase price or the approved appraised values is the basis of the project cost. Appraisal costs are ineligible project costs.
(b) Survey or Boundary Map. The grantee shall submit project site boundary information to the Department as follows:
1. Acquisition Project. The grantee shall submit a survey of the project site. The survey shall include a legal description of the property, be updated to within one year of the closure date of the application submission period and be prepared by a Florida registered land surveyor and mapper. Along with the survey, the grantee shall submit the results of a title search for the project area. The search shall cover the thirty-year period prior to the Secretary’s approval of the project list. Survey and title search expenses are ineligible project costs.
2. Development Project. The grantee shall submit a boundary map of the project site pursuant to section 660.2.6 of the Manual.
(10) APPLICATION EVALUATION. All eligible project applications will be reviewed on the basis of information provided in the applications in accordance with Fl. Admin. Code R. 62D-5.072, of this part.
(11) UNFUNDED AND INELIGIBLE APPLICATIONS. Any unfunded or ineligible application may be returned to the applicant upon request. If no request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff.
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-5.071
- Appraisal: A determination of property value.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) MAXIMUM REQUEST. The Department shall announce the maximum funds that an applicant may request in a LWCF application when publicizing the establishment of an application submission period. The amount will depend on the level of federal funding available.
(3) NUMBER OF APPLICATIONS. An applicant may submit only one application during each announced application submission period. The application may contain no more than one project site except for sandy beach access sites.
(4) DUPLICATE PROJECTS. A grantee shall not apply for LWCF funds to complete an approved project funded by LWCF, FRDAP, RTP, or other sources such as those identified in Fl. Admin. Code R. 62D-5.070(6)(c), of this Part. An applicant shall not submit the same application, in whole or in part, under LWCF, RTP, or FRDAP in concurrent or overlapping funding cycles.
(5) ACTIVE PROJECTS. A grantee with two incomplete LWCF projects by the closing date of the announced application submission period shall not be allowed to apply for additional program funds.
(6) OUTDOOR RECREATION. LWCF grants shall only be awarded to grantees for projects that are for the sole purpose of providing outdoor recreational opportunities to the public.
(7) APPLICATION FORMS. The Land and Water Conservation Fund Program Application Form, FPS-A047, 7-15-01, 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, (850)488-7896.
(8) ELIGIBILITY DETERMINATION. Following closure of an application submission period, staff will review and determine the eligibility based on the following:
(a) Deficiency Documentation. The applicant may retain eligibility by submitting documentation missing from the application, such as: proof that applicant had site control by the submission period deadline, evaluation criteria, cost estimate, site development plan, or survey. This documentation must be submitted within 15 working days from date of deficiency notification.
(b) Ineligibility. An application, in whole or in part, may be declared ineligible by the Department pursuant to subsections 62D-5.070(10) and 62D.5.071(3)-(6), F.A.C., of this part. The Department may determine that a project site or facility is not viable or practical. A project site would not be considered practical if it has documented and unresolved environmental violations on the site.
(c) Application Evaluation. Each eligible application shall be evaluated on the basis of the information provided in the application and in accordance with Fl. Admin. Code R. 62D-5.072, of this part. Each shall be assigned a total point score pursuant to subsection 62D-5.070(9), F.A.C., of this part.
(9) PROJECT DOCUMENTATION. Following Secretary approval of the priority list of applications, the grantees shall submit to the Department the documentation described in the Land and Water Conservation Fund Program Approved Project Documentation Form, FPS-A048, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399- 3000, (850)488-7896. This documentation must be submitted in order for Department to apply for federal grant funds pursuant to Fl. Admin. Code R. 62D-5.068, of this part.
(a) Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures for acquisition projects and projects where the seller is donating real property as all or part of the grantee’s matching funds, the grantee shall submit to the Department an appraisal(s) obtained at its own expense, prepared in accordance with uniform appraisal standards for federal land acquisitions, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000.00 or less in appraised value, one appraisal is required. If the property exceeds $500,000.00 in appraised value, a second appraisal is required. The appraisal(s) shall be dated no earlier than six months prior to the closing date of the LWCF application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands under provisions of paragraphs 253.025(6)(b), 259.041(7)(c), F.S., and Fl. Admin. Code R. 18-1.007 The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station #110, Tallahassee, Florida 32399-3000, (850)245-2669. The Bureau of Appraisal shall approve the appraisals prior to submittal of the State application by the Department to NPS. The project cost is based on the purchase price or appraised value, whichever is lower. If two appraisals are required for the project, the lower of the purchase price or the approved appraised values is the basis of the project cost. Appraisal costs are ineligible project costs.
(b) Survey or Boundary Map. The grantee shall submit project site boundary information to the Department as follows:
1. Acquisition Project. The grantee shall submit a survey of the project site. The survey shall include a legal description of the property, be updated to within one year of the closure date of the application submission period and be prepared by a Florida registered land surveyor and mapper. Along with the survey, the grantee shall submit the results of a title search for the project area. The search shall cover the thirty-year period prior to the Secretary’s approval of the project list. Survey and title search expenses are ineligible project costs.
2. Development Project. The grantee shall submit a boundary map of the project site pursuant to section 660.2.6 of the Manual.
(10) APPLICATION EVALUATION. All eligible project applications will be reviewed on the basis of information provided in the applications in accordance with Fl. Admin. Code R. 62D-5.072, of this part.
(11) UNFUNDED AND INELIGIBLE APPLICATIONS. Any unfunded or ineligible application may be returned to the applicant upon request. If no request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff.
Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4), FS. History-New 7-15-01.