Fla. Admin. Code Ann. R. 62-815.011 - Preparation and Acceptance of Project Plans
(1) All applicants that have received
conceptual approval from the Trust must prepare a project plan for approval by
the governing body, prior to the release of Preservation 2000 funds from the
Trust. This project plan must include the following:
(a) A purchase agreement for acquisition of
the project site, executed by the property seller and the grant Recipient(s),
that is based on an appraisal or appraisals prepared consistent with the
requirements of Rule Chapter 62-817, F.A.C., and be otherwise consistent with
the provisions of that rule chapter. This signed agreement may be negotiated by
either the Trust, or by the Recipient pursuant to the conceptual approval
agreement between the Trust and the Recipient.
(b) A management plan which at a minimum sets
forth how the site will be managed to further the purpose of the project, a
description of all planned improvements to the project site, the costs and
funding sources, and the management entity and its funding source. If the
Recipient is not the proposed managing entity, the project plan must include a
signed agreement between the Recipient and the managing entity stating the
managing entity's willingness to manage the site, the manner in which the site
will be managed to further the purpose(s) of the project, and identification of
the source of funding for management.
(c) A statement of the total project cost,
including all non-recurring costs of project development.
(d) A statement of the amount of the award
being requested from the Trust.
(e)
A statement from each local government in whose jurisdiction the project site
is located that the project plan is consistent with the local comprehensive
plan.
(f) Evidence that the
conditions imposed as part of the conceptual approval have been
satisfied.
(2) The
governing body shall decide whether to approve the project plan based upon the
Recipient's compliance with the Conceptual Approval Agreement, the requirements
of subsection (1), and the following:
(a) The
governing body shall reject any project plan if any portion of the project plan
is insufficient to carry out the purpose of the project or is inconsistent with
statutory or administrative requirements.
(b) Recipients requesting approval of project
plans by the governing body must submit the project plan on or before the
deadline for submittal, which shall be announced in the Florida Administrative
Register prior to each quarterly meeting of the governing body.
(c) The Trust staff shall review project
plans for completeness of all items required under this part. Project plans
found incomplete by staff may be made complete by the applicant, so long as the
complete project plan is received prior to the announced deadline described
above. Project plans completed after the deadline shall be considered at the
next meeting of the governing body for which the announced deadline is met by
the applicant.
(d) Any application
with conceptual approval whose project plan is not rejected by the governing
body but for which sufficient Preservation 2000 funds are not available will be
approved for Preservation 2000 funds from the next funding period.
(e) A Recipient whose project plan is
rejected by the Trust may amend the project plan for reconsideration at the
next meeting of the Trust governing body.
(f) The Trust shall withhold project plan
approval if the local comprehensive plan of the applicant or the applicant's
partner is, for any reason, found not in compliance by the Department after
conceptual approval has been granted by the Trust, unless the local government
has executed a stipulated settlement agreement with the Department to resolve
all of the issues raised by the Department in a statement of intent to find a
plan not in compliance issued pursuant to Section
163.3184(8),
F.S.
(3) The Trust shall
publish a Notice of Approval For Preservation 2000 Funds in the Florida
Administrative Register that shall list each project plan that has received
approval for funding, and the amount of funding approved. Any person with
substantial interests that are or may be determined by the decision of the
Trust to reject or approve the project plan may request an administrative
proceeding pursuant to Section
120.57, Florida Statutes, within
21 days from publication of the Notice of Approval for Preservation 2000
Funds.
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