Fla. Admin. Code Ann. R. 62-815.010 - Conceptual Approval of Applications by the Trust
(1) Evaluation Report. After a period for
technical review, not to exceed 120 days from the closing date of the
application period, the Trust staff shall prepare a written evaluation report
for consideration by the governing body that includes the following:
(a) A summary of each project, the type of
award requested and the scoring it received in the evaluation categories
pursuant to subsections
62-815.008(1), (2), and
(3), F.A.C.
(b) A statement of the total amount of
Preservation 2000 funds available.
(2) Application Selection by the Trust. The
governing body shall meet for the purpose of selecting applications for
conceptual approval.
(a) The Trust may
schedule a sufficient number of meetings to conduct the activities described in
this part, so long as the meeting at which conditions for conceptual approval
of applications is given occurs no later than 60 days from the date of the
meeting at which the staff evaluation report is given to the governing
body.
(b) The governing body shall
consider each application submitted to the Trust for funding and approve or
modify the point scoring totals assigned to each application in the staff
evaluation report. Decisions to modify point totals shall be based on review of
applications by the governing body, oral presentations presented to the
governing body by staff, and public presentations to the governing body by
applicants and other members of the general public.
(c) Recognizing that the primary
responsibility for establishing well-planned land use rests at the local
government level through the implementation of the local comprehensive plan,
the Trust shall place added emphasis on those projects that further the growth
management and comprehensive plan implementation criteria set forth in
subsection 62-815.008(1),
F.A.C., by adjusting the score upward in this category by a factor of
1.5.
(d) After a final
determination of the scoring of each application in each evaluation category,
the governing body shall consider the point totals in each evaluation category,
as well as any other relevant factors not considered directly in the assignment
of point totals, and rank the applications in descending order, with the
highest ranking application being given highest funding priority.
(e) After ranking the applications in
descending order, the governing body, beginning with the application with the
highest ranking and moving in order down the list, shall select applications
until all of the Preservation 2000 funds available for awards are encumbered,
and accounting that at least half of the funds available are matched on a
dollar-for-dollar basis.
(f) After
application ranking but prior to the meeting for conceptual approval at which
the Conceptual Approval Agreements are approved, the Trust staff may conduct
site visits or other investigations. If such visits or investigations reveal
undisclosed facts or erroneous evaluation conclusions, the Trust staff shall
report such findings to the governing body at the meeting for conceptual
approval. The Trust governing body shall have the right to impose conditions
relevant to these findings, or any other conditions deemed necessary to protect
the interests of the State of Florida. Such conditions will be imposed on the
applicant at the conceptual approval meeting. Applicants will be advised of the
conditions prior to the meeting. Any such conditions must be met by the
applicant prior to receiving project plan approval. Further, the governing body
shall have the right to alter the ranking of applications based on the site
visit or investigation findings.
(g) At the conclusion of the meeting for
conceptual approval of applications, those applications selected for funding
pursuant to the provisions of this part will be considered to have received
conceptual approval for funding. The Trust shall publish a Notice of Conceptual
Approval in the Florida Administrative Register that shall list all
applications considered, whether the application has received conceptual
approval or not, and the amount of funding conceptually approved for each
applicant.
(h) Any person with
substantial interests that are or may be determined by the conceptual approval
of funds for projects by the Trust may request an administrative proceeding
pursuant to Section 120.57, F.S., within 21 days of
publication of the Notice of Conceptual Approval.
(i) If for any reason funds awarded to a
conceptually approved application become available prior to the opening of the
next application cycle, those funds committed to the project by the Trust may
then be committed to a lesser ranked project on the Notice of Conceptual
Approval for the same series funding cycle.
(j) Conceptual approval for funding shall be
for a period not to exceed nine (9) months from the date of the meeting at
which the conceptual approval was given. Project plans that have not received
project plan approval prior to the conclusion of the nine-month period may
request an extension to the Conceptual Approval Agreement from the Trust. An
extension request must be made in writing to the Program Manager of the Trust,
fully explaining the reason for the delay and the extension requested. The
request for an extension must be received prior to 5:00 p.m., at the Trust
offices on the last day of the nine-month conceptual approval period. When a
conceptually approved project has not received project plan approval and the
nine-month approval period has passed without a request for an extension, the
application will be deemed withdrawn and the funds committed to the project by
the Trust shall then be committed to applications that are conceptually
approved in subsequent funding cycles.
(k) Pursuant to Section
380.510(3)(f),
F.S., the time period of the conceptual approval agreement and extensions shall
not exceed a total of 24 months; unless, however, the governing board extends a
grant beyond 24 months when the grant recipient demonstrates that significant
progress is being made toward closing the project or that extenuating
circumstances warrant an extension of time.
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