The following constitutes procedures for administration of program grants:

1. (1) PROJECT AGREEMENT. After the Legislature appropriates FRDAP funds, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project. The project agreement shall contain terms and conditions particular to each project. Project agreements are not transferable.

2. (2) PAYMENT BASIS. Grantees shall be paid program funds by the Department subject to the following conditions:

   1. (a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs shall be incurred between the effective date of, and the project completion date identified in, the project agreement except for pre-agreement costs. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee must pay the excess cost.
   2. (b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees, are eligible project costs provided that such costs do not exceed fifteen percent of the project cost.
   3. (c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion documentation set forth in paragraphs 62D-5.058(6)(g) and (7)(d), F.A.C.

3. (3) ACCOUNTABILITY. The following procedures shall govern the accountability of program funds:

   1. (a) Accounting System. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all program and matching funds.
   2. (b) Grant and Contract Accountability Procedure. The grantee shall ensure the requirements of the Division’s Grant and Contract Accountability Procedure, effective, January 23, 1997, incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.
4. (4) PROJECT COMPLETION CERTIFICATION. The grantee shall submit to the Department a Project Completion Certificate, FPS-A037, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.
5. (5) REVERTED PROJECT FUNDS. FRDAP funds remaining after termination of a grant award or grantee completion of project shall revert to the Department under the provisions of Section 216.301, F.S. If any funds awarded during a funding cycle are not accepted by the grantee or become available before termination of the fiscal year for which they were appropriated, the Department shall offer the funds to unfunded applicants in order of priority.

6. (6) ACQUISITION PROJECTS. The following constitutes the specific procedures for administration of acquisition projects:

   1. (a) Grant Period. The grantee will have up to one year from the start of the state’s fiscal year in which funds are appropriated to purchase the property. Department staff will extend this period for good cause such as financial hardship, public controversy, or factors beyond grantee’s control, at the written request of the grantee. Extensions shall not exceed three years from the start of the state’s fiscal year in which funds are appropriated.
   2. (b) Ownership. Title to land acquired with program funds shall vest in the grantee.
   3. (c) Procurement. The grantee shall purchase the property according to its adopted acquisition methods.
   4. (d) Assumption of Title. The grantee shall not purchase the property until the project agreement is fully executed and Department staff approves the commencement documentation required by paragraph 62D-5.058(6)(f), F.A.C., unless otherwise specified in this part.
   5. (e) Site Development. The grantee will have up to three (3) years from the completion date set forth in the project completion certificate to develop the property.

   6. (f) Commencement Documentation. Prior to commencement of acquisition procedures, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Acquisition Project Commencement Documentation Form, FPS-A034, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

      1. Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures, the grantee shall submit to the Department an appraisal, prepared in accordance with the uniform standards of professional appraisal practices, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000.00 or less in appraised value, one appraisal is required. If the property exceeds $500,000.00 in appraised value, two appraisals are required. The appraisal(s) must be dated no earlier than six months prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands under the provisions of Sections 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000, (850)245-2658. If two appraisals are required for the project, the lower of the approved appraised values is the basis of the acquisition cost for program purposes.

      2. Survey. For all acquisition projects, the grantee shall submit to the Department a survey of the project site. The survey must provide a legal description and sketch of the property’s boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, be updated to within one year of the closing date of the application submission period, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of Chapter 472, F.S. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion shall cover the prior thirty year period.

   7. (g) Completion Documentation. Upon completion of an acquisition and prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Acquisition Project Completion Documentation Form, FPS-A036, effective date 08-13-98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)245-2501.

7. (7) DEVELOPMENT PROJECTS AND TRAIL CONSTRUCTION. The following constitutes the specific procedures for administration of development projects:

   1. (a) Grant Period. The grantee will have up to three years from the start of the state’s fiscal year in which funds are appropriated to complete the project. If the project is not completed within three years from the original contract date, the start of the state’s fiscal year in which funds are appropriated, the contract shall be terminated and the project funds shall revert to the revenue fund from which they were appropriated.
   2. (b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures.

   3. (c) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement/Reimbursement Documentation Form, FPS-A034, effective 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

      1. Project Permitting Certification. The grantee shall submit to the Department a Project Permitting Certificate, FPS-A035, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

      2. Land Value Match. Prior to the Department staff authorizing the grantee to commence construction of a project utilizing land value as match, the grantee shall submit to the Department an appraisal, prepared in accordance with the uniform standards of professional appraisal practices, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. The appraisal must be dated no earlier than one year prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands, under provisions of Sections 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000, (850)245-2658. In lieu of obtaining an appraisal to establish the site’s fair market value, the grantee may use the assessed value of the project site supported by documentation of the current assessed value from the County Property Appraiser. Approved fair market or assessed land value not used by the grantee for a match on an approved project may be used as matching funds on a subsequent approved project within two years after the Secretary’s approval of the initial project, and the grantee need not obtain a new appraisal or documentation of land value. Such use is limited to one additional project.

      3. Survey. For all projects, the grantee shall submit to the Department a survey of the project site. The survey must provide a legal description and sketch of the site’s boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of Chapter 472, F.S. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion shall cover the prior thirty year period.

   4. (d) Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Project Development Completion Documentation Form, FPS-A036, effective 08/13/98, incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.
   5. (e) Inspections. The Department shall have the right to perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment.

Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.058, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04.