Section 62S-1.350 - Modification of Approved Acquisition ProjectsModification 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.Fla. Admin. Code Ann. R. 62S-1.350
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.New 7-11-00, Amended 7-10-03.