Section 62C-17.0085 - Acquisition Standards and Criteria(1) Acquisition applications for nonmandatory lands shall be considered with the reclamation applications for funding under the provisions of subsection 62C-17.005(3), F.A.C. The per acre cost of lands acquired under this program are subject to the limitations of Chapter 253, F.S., and shall not exceed the maximum allowable per acre cost established for reclamation in subsection 62C-17.010(3), F.A.C., unless the Department specifically determines that a payment in excess of this per acre cost is necessary and appropriate to effect the purposes of Chapter 378, Part I, F.S., and that such payment will not adversely affect the ability of the Department to reimburse Landowners for reclamation of eligible parcels in accordance with Chapter 378, Part I, F.S., and this Chapter 62C-17, F.A.C. Acquisition applications received by January 1 of each year shall be considered with the reclamation applications which are received by July 1 of that year.(2) Acquisition applications may be filed by any interested person or the Department, and must identify a managing agency responsible for the management of the property after acquisition, and shall meet one or more of the following standards and criteria: (a) Lands which have been or may be naturally reclaimed and which are suitable for hunting, fishing, or other outdoor recreational purposes;(b) Lands which have been or may be naturally reclaimed and which provide valuable wildlife habitat;(c) Lands which will serve the public interest because of the exceptional need to accomplish the particular reclamation and the Landowner is unable or unwilling to restore or reclaim the land in accordance with the master reclamation plan. Lands in this category shall consist of the following: 1. Lands which are needed for the reestablishment of a stream or river,2. Lands which are necessary for the reestablishment of regional drainage,3. Lands which may serve as wildlife or recreational corridors,4. Lands which the state may wish to acquire for the preservation of an existing landform.(3) Costs incurred during the preparation of an application for acquisition by the state are reimbursable. The applicant may apply for reimbursement of costs necessary to file the application, such as surveys, aerial photographs, appraisals, and application preparation. Any costs which are paid for by the Division of State Lands are not reimbursable to the applicant. Applicant's reasonable and necessary eligible costs are reimbursable after the parcel is approved by the Department for acquisition within the funds available.(4) Acquisition program applications which are approved by the Governor and Cabinet members and which qualify for funding under the provisions of Section 378.034, F.S., shall be transferred upon approval to the Division of State Lands for acquisition according to Chapter 253, F.S.Fla. Admin. Code Ann. R. 62C-17.0085
Rulemaking Authority 378.021, 378.034, 378.036, 378.038 FS. Law Implemented 378.036 FS.
New 1-10-85, Amended 12-3-85, Formerly 16C-17.085, Amended 12-25-86, 6-13-91, Formerly 16C-17.0085.New 1-10-85, Amended 12-3-85, Formerly 16C-17.085, Amended 12-25-86, 6-13-91, Formerly 16C-17.0085.