Section 5I-7.007 - Ranking, Review and Approval of Project Acquisition List(1) The Commissioner will designate a Rural and Family Lands Selection Committee of no fewer than five (5) members drawn from divisions and offices within the Department with expertise in various agricultural activities.(2) Rural and Family Lands Selection Committee members shall independently evaluate Projects based on consideration of the Project Evaluation Report detailed in Rule 5I-7.006, F.A.C., giving preference to ranch and timberlands managed using practices that provide multiple use and sustained yield of the renewable surface resources with the goal of sustaining the economic and ecological integrity of the property while allowing the agricultural business to operate and prosper, in accordance with Section 570.71(10), F.S., or other priorities established in the Notice of Application Review Cycle.(3) The Rural and Family Lands Selection Committee shall consider the list of Projects at public meeting(s) conducted pursuant to Section 120.525, F.S. The purpose of the meeting(s) shall be to receive public comment, consider the eligibility of new applications and Projects on the existing Project acquisition list, and after the final meeting by majority vote approve a list of Projects in priority order that qualify for acquisition under the Program. The Department will establish the time limit for public comment in advance of the public meeting(s).(4) Upon approval of the Project acquisition list by the Rural and Family Lands Selection Committee, the Department shall present Projects on the Project acquisition list to the Council for review at a regularly scheduled public meeting, as provided in Section 259.105(14), F.S.(5) The Department shall present the Project acquisition list to the Board for approval, along with supporting information outlined in subsection (6) below. The Board is authorized to remove Projects from the list, but may not add Projects or change Project rankings, as provided in Section 259.105(14), F.S.(6) The Department shall submit to the Board, with its Project acquisition list, a report that includes, but is not limited to, the following information for each Project listed: (a) A summary of the Project evaluation, including the type of agricultural activities currently on the property, the natural resource benefits of the project, and the current threat of conversion to non-agricultural uses; and(b) A map delineating Project boundaries, and, where applicable, proximity to other protected lands.(7) The combined value of all projects recommended to the Board by the Department may exceed the amount of money available for acquisition.(8) Upon approval of the Project acquisition list by the Board and subject to the availability of funds, the Department may proceed with the acquisition process for Perpetual Easements, including appraisals, survey and title review.(9) All acquisition Projects approved by the Board shall be eligible for funding, with available resources targeted initially toward the highest ranked Projects. However, the Board is authorized to approve the purchase of any Project from the list, pursuant to Section 259.105, F.S., as well as boundary amendments to completed Projects previously ranked and acquired pursuant to prior lists. The boundary amendment shall not exceed 15% of the total Project acreage previously approved and does not need to be independently ranked. Such amendments must benefit both the Landowner and the Program, create a cohesive and consistent Project, and resolve issues such as title defects, road and plat abandonment, and in-holdings acquired subsequent to closing on the original Project acreage.(10) A Project acquisition list approved by the Board shall replace all prior lists.(11) In the event there is no application review cycle initiated during the calendar year, the previously-approved Project acquisition list may be used, subject to the availability of funds, until the Board approves a Project acquisition list. The Board may also re-approve the previous Project acquisition list.Fla. Admin. Code Ann. R. 5I-7.007
Rulemaking Authority 570.07(23), 570.71 (10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105 FS.
New 11-3-08, Amended by Florida Register Volume 41, Number 062, March 31, 2015 effective 4/14/2015, Amended by Florida Register Volume 49, Number 105, May 31, 2023 effective 6/12/2023.New 11-3-08, Amended 4-14-15, 6-12-23.