Current through Reg. 50, No. 187; September 24, 2024
Modification of approved greenways and trails projects shall
be considered by the Department in accordance with the criteria and procedures
established by this rule.
(1) Changes
Requiring Notice to OGT. Written notice of the following types of changes to
approved Group A or Group B projects shall be provided to OGT within ten (10)
days after the event:
(a) Substitution,
addition, or deletion of a managing entity or project sponsor;
(b) Acquisition of adjacent, additional, or
alternative lands located outside the original planned project corridor but
within the original project boundary submitted for the project;
(c) Any change in ownership of parcels lying
within the planned project corridor;
(d) Change from fee-simple acquisition to
less-than-fee acquisition alternatives for one or more parcels within the
planned project corridor, or vice versa;
(e) Addition or relocation of trailhead(s) or
any other project "capital improvement, " as that term is defined in Section
259.03(3),
F.S., or
(f) An increase or
reduction in the amount of matching funds or other acquisition and development
monies previously committed to the project.
The written notice shall be mailed or delivered to the Office
of Greenways and Trails, Department of Environmental Protection, 3900
Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, and shall
include a description of each change being made to the project, the reason(s)
for each change and the effective date thereof (if any). If the change includes
substitution of the project's managing entity, a "Willing Manager Certificate,
" DEP Form #OGT-3, effective July 10, 2003, shall be completed and signed by
the new managing entity and submitted with the written notice. If the change
involves the proposed acquisition of lands located outside the original planned
project corridor but within the original project boundary, a "Willing Owner
Certificate, " DEP Form #OGT-4, effective July 10, 2003, shall be completed and
signed by the owner of each new or additional parcel, except for parcels to be
acquired under Sections 253.781-.782, F.S., and submitted with the written
notice.
(2)
Modifications Requiring Council Approval. All requests for modifications under
this subsection must be submitted on OGT's "Request for Modification, " DEP
Form #OGT-5, effective July 10, 2003, which is prescribed for use with this
rule and is hereby incorporated by reference. The Request for Modification form
may be obtained by writing to the Office of Greenways and Trails, Department of
Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795,
Tallahassee, FL 32399-3000, or through OGT's website address,
www.floridagreenwaysandtrails.com.
The following types of changes to approved Group A or Group B projects shall be
submitted to and must be approved by the Council:
(a) Any substantial change to the intended
use(s) of the project, such as deletion of an entire category of use, changing
an unpaved equestrian trail to a paved multiple-use trail, or addition of
camping sites to an area initially designated for archaeological study,
or
(b) A modification of the
planned project corridor that extends outside of the project boundary as
described in the original Application.
(3) Submission of Modification Proposal. For
any modification requiring Council approval, a completed Request for
Modification must be received at least sixty (60) days prior to the public
hearing during which it will be considered by the Council. The party seeking
modification must mail or deliver an original and twenty-four (24)
first-generation copies of the Request for Modification, together with required
attachments and other supporting documentation to the address stated in
subsection 62S-1.350(2),
F.A.C. Faxed copies of required documents will not be accepted or
returned.
(4) Contents of Request
for Modification. To receive consideration, a Request for Modification must
include the following information:
(a) A
general narrative description of the project modification requested; a
statement indicating why the change is necessary; and an explanation of the
effect on the project if the modification is not approved;
(b) A detailed itemization of changes to the
original project Application that would result if the modification is approved;
for example, if the Request for Modification proposed the substitution of
certain adjacent lands, items such as the Application's list of project parcels
and the attached project site sketch, property appraiser assessment statements,
and county property appraiser maps would require revision to accurately reflect
the project as modified; and,
(c)
If the Request for Modification involves the proposed acquisition of lands
located outside of the original project boundary, the Request for Modification
package submitted must include a "Willing Owner Certificate, " DEP Form #OGT-4,
effective July 10, 2003, completed and signed by the owner of each new or
additional parcel, except for parcels to be acquired under Sections
253.781-.782, F.S.
(5)
Review for Completeness. Within ten (10) days after receipt of a Request for
Modification, OGT will provide the submitting party with written notice
regarding the completeness and clarity of the documentation submitted. If the
Request for Modification is incomplete or otherwise inadequate, the notice will
describe the additional information or clarification required and indicate the
date by which it must be received by OGT at the address stated in subsection
62S-1.350(2),
F.A.C. Failure of the submitting party to timely provide the information
requested in the notice shall be deemed a withdrawal of the Request for
Modification from further consideration.
(6) Evaluation of Request for Modification.
Within forty-five (45) days after receipt of a sufficiently completed Request
for Modification, OGT will evaluate the proposal and provide to the submitting
party and members of the Council a written evaluation report that includes the
following information:
(a) A general
description of the modification sought by the Request for Modification,
including a statement indicating whether the change is consistent with the
purposes for which the project is being acquired and whether the modification
would facilitate OGT's acquisition of the project;
(b) If the modification proposal involves the
acquisition of additional lands or waterways located outside the original
project boundary, a statement indicating whether the owners of the additional
parcels are willing to negotiate with Department representatives regarding the
potential conveyance of their lands to the state;
(c) Whether the proposed modification would
have changed the recommended grouping of the project if it had been part of the
original Application;
(d) Whether
the OGT has funds available to cover additional project costs associated with
the modification (if any); and,
(e)
Any other information OGT needs for clarification of the Request for
Modification to the modification proposal.
Prior to consideration of the Request for Modification by the
Council, OGT may conduct a site visit to verify representations made in the
Request for Modification.
(7) Review and Approval of Requests for
Modification. To become effective, a Request for Modification must be endorsed
by a majority vote of the Council and approved by the Secretary of the
Department under the following procedures:
(a)
Within ninety (90) days after OGT's receipt of a Request for Modification, the
Council will consider the modification proposal during a public meeting. Notice
of the meeting will be mailed to the party that submitted the Request for
Modification and shall be published in the Florida Administrative Register and
on the Department's website address,
www.dep.state.fl.us, under the link entitled
"Official Notices, " at least seven (7) days in advance of the meeting
date.
(b) At the noticed meeting,
OGT will present to the Council a verbal summary of the relevant information
submitted for each Request for Modification and respond to members' questions.
Thereafter, the Council shall permit oral or written comments by project
sponsors, supporters, and members of the general public.
(c) Following the close of the comment
period, the Council shall consider the information submitted and either endorse
the Request for Modification as presented, or modify and then endorse the
Request for Modification. Any modification made to the Request for Modification
by the Council shall be based on its review of documentation submitted in
support of the Request for Modification, oral presentations by OGT, and written
or verbal comments by project sponsors, supporters, or the general
public.
(d) A Request for
Modification must be endorsed by a majority of Council members present and
voting at the public meeting during which the modification was considered; a
quorum must be present when the vote occurs. A modification to a Group A or
Group B project that does not obtain Council endorsement cannot be implemented
within the original project, but it can be incorporated in a new Application
package and submitted as a separate acquisition proposal for OGT evaluation and
ranking during a regularly advertised funding cycle.
(e) OGT shall forward each endorsed Request
for Modification to the Secretary of the Department for approval. Within ten
(10) days after receipt of an endorsed Request for Modification, the Secretary
shall consider the Council's endorsement and either approve the modification
proposal or amend it based upon the Department's acquisition priorities and
thereafter approve the modification proposal, stating the specific reason(s)
for any such amendment. OGT shall provide a copy of each approved Request for
Modification to the submitting party and to the Division of State
Lands.
Rulemaking Authority
260.016(1)(c)
FS. Law Implemented 260.012,
260.0142,
260.015,
260.016
FS.
New 7-11-00, Amended
7-10-03.
