- (1) All Perpetual Easements acquired pursuant to this rule shall include provisions for assuring compliance, monitoring and enforcement of the terms and conditions of such Perpetual Easements.
- (2) The Department shall procure or require any landowner to provide any reports, maps, studies, or documents the Department deems necessary to document the existence and location of property boundaries, structures, environmental issues, conservation values, and natural features on the property in conjunction with and prior to closing for the purpose of developing a Baseline Documentation Report.
- (3) All Perpetual Easements shall require the landowner to enroll in, implement, and adhere to all applicable Florida Department of Agriculture and Consumer Services Best Management Practices (BMPs). The landowner shall agree to enroll in applicable BMPs, such as those adopted in rule titles 5I, 5L, and 5M, F.A.C., if included in the terms of an option agreement.
- (4) The Department shall determine the frequency of easement monitoring. All Perpetual Easements shall be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, Rev. 05/24, hereby incorporated by reference and immediately available on the internet at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17490"http://www.flrules.org/Gateway/reference.asp?No=Ref-17490 or by sending a request to: the Florida Department of Agriculture and Consumer Services, Rural and Family Lands Protection Program, 315 South Calhoun Street, Suite 500, Tallahassee, FL 32301-1843.
- (5) The monitor shall be a Department employee, other public agency selected by the Department, or an independent contractor hired by the Department.
- (6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with the terms and conditions of the Perpetual Easement.
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, 6-12-23, 2-27-25, 12-10-25.