Florida Rural and Family Lands Protection Program (RFLPP)

The Rural and Family Lands Protection Program (RFLPP) is an agricultural land preservation program designed to protect important agricultural lands through the acquisition of permanent agricultural land conservation easements. The program is written into Section 570.70, Florida Statutes, and Chapter 5I-7, Florida Administrative Code (F.A.C.). Projects are reviewed by a Technical Review Team, ranked through a formal process by the Rural and Family Lands Protection Program Selection Committee, and approved by the Governor and Cabinet.

The program is designed to meet three needs:

• Protect valuable agricultural lands.

• Create easement documents that work together with agricultural production to ensure sustainable agricultural practices and reasonable protection of the environment without interfering with agricultural operations in such a way that could put the continued economic viability of these operations at risk.

• Protect natural resources, not as the primary purpose, but in conjunction with the economically viable agricultural operations.

Originally created in 2001 with the passage of the Rural and Family Lands Protection Act, the program has successfully acquired conservation easements on nearly 69,000 acres of working agricultural land. The Rural and Family Lands Protection Program recognizes that working agricultural lands are essential to Florida's economic future. Agricultural lands are being increasingly threatened by urban development. To counter this trend, the Rural and Family Lands Protection Program coordinates with farmers and ranchers to ensure sustainable production practices while reasonably protecting natural resources. The program’s conservation easements ultimately provide a two-fold benefit: protecting a viable agricultural sector while providing rural landscapes and open space.

In order to be eligible for acquisition pursuant to this chapter, a Project must be consistent with the Program Goals and Objectives as stated in Rule 5I-7.001, F.A.C., and meet at least one of the following public purposes consistent with Section 570.71(1), F.S.:

1. Promotion and improvement of wildlife habitat;

2. Protection and enhancement of water bodies, Aquifer Recharge Areas, wetlands, and watersheds;

3. Perpetuation of open space on lands with Significant Natural Areas; or

4. Protection of Agricultural Lands threatened by conversion to other uses.

Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23.

(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 Section 570.71(10), F.S. 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 Rule 5I-5.003, F.A.C., 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 Rule 5I-7.007, F.A.C.

(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 Rule 5I-7.004, F.A.C.

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.

• Learn more about the program and application process.