Florida Regulations 5I-7.004: Application Procedures and Requirements
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(1) For purposes of Sections 259.105(3)(i), and 570.71, F.S., anyone submitting an application for consideration of a Project shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application, Rev. 04/23, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15367 or by sending a request to the following mail or email address. When an application review cycle is announced, applications must be submitted by mail or email to:
Florida Department of Agriculture and Consumer Services,
Rural and Family Lands Protection Program
Florida Forest Service
3125 Conner Boulevard, Suite “”J””
Tallahassee, FL 32399-1650
RFLPP@FDACS.gov.
Applications must be delivered by 5:00 p.m. (Eastern Standard Time), on the final day of the application period, as announced pursuant to subsection 5I-7.004(2), F.A.C.
(2) The Department shall publish a Notice of Application Review Cycle announcing the opening of an application review cycle and the date by which new applications must be received. The notice shall include any funding priority criteria that will be considered in addition to the preferences set forth in Florida Statutes § 570.71(10) The notice shall be published in the Florida Administrative Register, and available on the internet at: http://www.flrules.org/.
(3) When an application review cycle is initiated by the Department, all Projects on the existing Project acquisition list will be carried over without submission of a new application, unless the landowner notifies the Department in writing that the Project is withdrawn from the list. Landowners with property on the existing Project acquisition list shall submit descriptions of any changes to use or conditions on the property by the deadline for submission of new applications published in the Notice of Application Review Cycle. If the Project no longer meets the Program eligibility criteria set forth in Fl. Admin. Code R. 5I-5.003, due to changes to use or conditions on the property, Division staff shall recommend to the Rural and Family Lands Selection Committee that the Project be deemed ineligible. When an application review cycle is initiated by the Department, all new and existing Projects will either be ranked or re-ranked in accordance with Fl. Admin. Code R. 5I-7.007
(4) Each Project application received shall, within 30 days of receipt, be reviewed by Division staff to verify sufficiency of information and that on its face it is eligible for further review and evaluation in accordance with this chapter.
(a) The Department shall notify the applicant with a notice of deficiency provided, via the applicant’s preferred method of contact as indicated on the application, setting forth a description of the deficiency and instructions for resubmission. If the required information is not received in writing via the methods described in subsection 5I-7.004(1), F.A.C., within five (5) business days of the applicant’s receipt of the notice of deficiency, the application will be rejected.
(b) Applications determined to be ineligible shall be returned to the applicant with an explanation of the reason that the Project was determined to be ineligible.
(c) Applications received after the application review cycle deadline described in subsection 5I-7.004(1), F.A.C., will not be considered and will be returned to the applicant.
(5) Requests to modify the boundary of a Project on the Project acquisition list by 15% or more of the total approved Project area must be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new Projects. Should the Committee approve the modification, a new total Project acreage would be established.
(6) If the landowner contemplates a division of the property, the size and scope of such division must be specified in the application and must go before the Selection Committee for approval. No division of the property will be allowed after the approval of the Project without the written consent of the Department. The division must not result in any parcel being below the median size of farms in the county, as determined by the USDA Median Size of Farms by County Table, Version 2017, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15369 or by sending a request to RFLPP@FDACS.gov or the mailing address provided in Fl. Admin. Code R. 5I-7.004
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.
Florida Department of Agriculture and Consumer Services,
Rural and Family Lands Protection Program
Florida Forest Service
3125 Conner Boulevard, Suite “”J””
Tallahassee, FL 32399-1650
RFLPP@FDACS.gov.
Applications must be delivered by 5:00 p.m. (Eastern Standard Time), on the final day of the application period, as announced pursuant to subsection 5I-7.004(2), F.A.C.
(3) When an application review cycle is initiated by the Department, all Projects on the existing Project acquisition list will be carried over without submission of a new application, unless the landowner notifies the Department in writing that the Project is withdrawn from the list. Landowners with property on the existing Project acquisition list shall submit descriptions of any changes to use or conditions on the property by the deadline for submission of new applications published in the Notice of Application Review Cycle. If the Project no longer meets the Program eligibility criteria set forth in Fl. Admin. Code R. 5I-5.003, due to changes to use or conditions on the property, Division staff shall recommend to the Rural and Family Lands Selection Committee that the Project be deemed ineligible. When an application review cycle is initiated by the Department, all new and existing Projects will either be ranked or re-ranked in accordance with Fl. Admin. Code R. 5I-7.007
(4) Each Project application received shall, within 30 days of receipt, be reviewed by Division staff to verify sufficiency of information and that on its face it is eligible for further review and evaluation in accordance with this chapter.
(a) The Department shall notify the applicant with a notice of deficiency provided, via the applicant’s preferred method of contact as indicated on the application, setting forth a description of the deficiency and instructions for resubmission. If the required information is not received in writing via the methods described in subsection 5I-7.004(1), F.A.C., within five (5) business days of the applicant’s receipt of the notice of deficiency, the application will be rejected.
(b) Applications determined to be ineligible shall be returned to the applicant with an explanation of the reason that the Project was determined to be ineligible.
(c) Applications received after the application review cycle deadline described in subsection 5I-7.004(1), F.A.C., will not be considered and will be returned to the applicant.
(5) Requests to modify the boundary of a Project on the Project acquisition list by 15% or more of the total approved Project area must be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new Projects. Should the Committee approve the modification, a new total Project acreage would be established.
(6) If the landowner contemplates a division of the property, the size and scope of such division must be specified in the application and must go before the Selection Committee for approval. No division of the property will be allowed after the approval of the Project without the written consent of the Department. The division must not result in any parcel being below the median size of farms in the county, as determined by the USDA Median Size of Farms by County Table, Version 2017, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15369 or by sending a request to RFLPP@FDACS.gov or the mailing address provided in Fl. Admin. Code R. 5I-7.004
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.