Section 62D-5.074 - Compliance ResponsibilitiesSubsections 62D-5.070(12) -(16), F.A.C., and the following constitute the general requirements for program compliance.
(1) SITE DEDICATION. Land owned by the grantee, which is developed or acquired with LWCF funds, shall be dedicated in perpetuity as an outdoor recreation site for the use and benefit of the public. Land which is leased from the federal government or another public agency by grantee must include safeguards to ensure the perpetual use requirement contained in the Land and Water Conservation Fund Act. Safeguards include such things as joint sponsorship of the project or an agreement between the parties that the lessor would assume compliance responsibility for the project site in the event of default by the lessee (grantee) or termination or expiration of the lease. These dedications must be recorded in the county's public property records by the grantee.(2) MANAGEMENT OF PROJECT SITES. Grantees shall ensure by site inspections that the property acquired or developed with LWCF are being operated and maintained for outdoor recreation purposes. All projects shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Facilities shall be kept in reasonable repair for a minimum of 25 years from the date set forth on the project completion certificate to prevent undue deterioration.(3) CONVERSION. Should a grantee, within the period of dedication, convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource or site at its own expense with an acceptable project of comparable or greater value, scope and quality pursuant to section 675.9.3 of the Manual.(4) NON-COMPLIANCE. Before a project is closed, the Department and the NPS shall have the right to terminate a project agreement and demand return of the program funds for non-compliance by a grantee. Failure by a grantee to comply with the provisions of this Part or the project agreement will result in the Department declaring the grantee ineligible for further participation in LWCF until such time as compliance has been obtained as determined by the Department under this rule and the Manual.(5) INSPECTIONS. Department staff shall periodically inspect program projects to ensure compliance with subsections (1), (2), and (3), of this rule, and section 675.9 of the Manual.Fla. Admin. Code Ann. R. 62D-5.074
Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS.