HomeMy WebLinkAboutexhibitDATTACHMENT D
CHAPTER 66B-2 — WATERWAYS ASSISTANCE PROGRAM (2005)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2,014 Small -Scale Spoil Island Restoration & Enhancement Projects.
66B-2.001 — Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida
Statutes. This law authorizes and empowers each inland navigation district to undertake
programs intended to alleviate the problems associated with its waterways. The purpose of
this rule is to set forth the District's policy and procedures for the implementation of an
assistance program under s. 374.976, F.S., for local governments, member counties and
navigation related districts within the District. This program will be known hereafter as the
Florida Inland Navigation District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-
2.001.
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66B-2.002 — Forms.
AB forms for the administration of this program are available from the District office.
Specific Authority 374.976(2) ES, Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-
2.002.
66B-2.003 — Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an application
through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the
nourishment, renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation
District.
(6) "DISTRICT" means the Florida inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or general
permits for construction below mean high water line of a navigable waterway required and
issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of
Environmental Protection, and the South Florida or the St. Johns River Water Management
Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland
Navigation District.
(10) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "MATCHING FUNDS" means those funds provided by the local sponsor to the
project.
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(13) "MEMBER COUNTY" means a county located within the taxing boundaries of
the District, which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River,
St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts
or any other agency having legally authorized navigation related duties in waterways of the
District.
(15) "PRE -AGREEMENT COSTS" means project costs approved by the District
Board that have occurred prior to the execution of the project agreement.
(1b) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a
project for release to the project sponsor pursuant to the terms of the project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(19) "PROJECT AGREEMENT" means an executed contract between the District and
a project sponsor setting forth mutual obligations regarding an approved project.
(20) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs may be.
incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(23) "PUBLIC BUILDING" means a building or facility on government owned
property that is owned or operated by a governmental entity, or operated by a third party
operator. The building or facility must provide waterway related information, public meeting
space, or educational services and be open to members of the public on a continual basis
without discrimination.
(24) "PUBLIC MARINA" means a harbor complex used primarily for recreational
boat mooring or storage, the services of which are open to the general public on a first come,
first served basis without any qualifying requirements such as club membership, stock
ownership, or differential in price.
(25) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
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(26) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee
Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those
portions of the Dania Cut -Off Canal and the Hillsboro Canal, east of the water control
structures navigable natural rivers, bays, creeks or lagoons intersected by said waterways and
all navigable natural creeks, rivers, bays or lagoons entering or extending from said
waterways.
(27) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner: develops an awareness of the natural
and manmade environments of waterways; develops knowledge about how the environment
of the waterways works; acquires knowledge about the technological, social, cultural,
political, and economic relationships occurring in waterway related environmental issues;
and, becomes motivated to apply action strategies to maintain balance between quality of life
and quality of the environment of waterways.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History— New 12-17-90, Amended 9-2-92,
2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, __-_-04,^ ^ OS
66B-2.004 — Policy.
The following constitutes the policy of the District regarding the administration of the
program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation may
be provided to eligible governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in
planning, acquisition, development, construction, reconstruction, extension, improvement,
operation or the maintenance of public navigation, public recreation, inlet management,
environmental education, law enforcement and boating safety projects directly related to the
waterways. Member counties may also be provided financial assistance, support, and
cooperation in planning and carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance, support and
cooperation in planning and carrying out public navigation, public recreation, inlet
management, environmental education, law enforcement and boating safety projects directly
related to the waterways. Eligible local governments may also be provided financial
assistance, support and cooperation in planning and carrying out beach renourishment and
inlet management projects.
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(c) Navigation related districts may be provided with financial assistance to pay part of
the costs of the planning and acquisition of dredge material management sites if the Board
finds that the site is required for the long-range maintenance of the Atlantic Intracoastal
Waterway channel. All such sites must meet the development and operational criteria
established by the District through a long-range dredge material management plan for that
county. Navigation related districts may also be provided with assistance for environmental
mitigation projects associated with waterway improvement related activities and inlet
management projects if the Board finds that the project benefits public navigation in the
Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal
matching funds to any District financial assistance provided. Seaports may also be furnished
assistance and support in planning and carrying out environmental mitigation projects. All
seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall
contribute matching funds for funded projects.
(d) Eligible projects shall include public boat ramps and launching facilities, land
acquisition for additional trailer parking at an existing boat ramp, and public boat docking and
mooring facilities in man-made, navigable waterways contiguous to "waterways" as defined
in Section 66B-2.003.
(2) Notification: The District will notify by direct mail and/or advertised public notice
all eligible governmental agencies of the program and the upcoming authorized submission
period. Funding allocations to navigation related districts, member counties and local
governments shall be based upon the proportional share of the District's ad valorem tax
collections from each county.
(3) Project Approval: Approval of projects by the District shall be in accordance with
these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by
program funds shall be made available to the general public of all of the member counties on
a non-exclusive basis without regard to race, color, religion, age, sex or similar condition.
Additionally, facilities funded in whole or in part by program funds, shall not require a paid
membership for the general public of all of the member counties as a condition to use the
facilities. User or entrance fees may be charged for the use of facilities funded in whole or in
part by program funds, however such fees shall be reasonable and shall be the same for the
general public of all of the member counties.
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(5) Waterway Impacts: All development projects must be designed so as not to impact
navigation along the District's waterways through the placement of structures, attendant uses,
or the necessity of a boating speed zone for safety purposes. Before applying for boating
speed zone designation in District waterways because of a project funded by this program, the
sponsor shall first receive approval from the Board. The Board will use the criteria found in s.
327.46(1), F.S., in determining whether to approve the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation,
maintenance, and management of the project for the anticipated life of the project and shall be
responsible for all expenses required for such purposes. The project shall be maintained in
accordance with the standards of maintenance for other similar local facilities and in
accordance with applicable health standards. Project facilities and improvements shall be kept
reasonably safe and in reasonable repair to prevent undue deterioration and to encourage
public use. The project sponsor shall have full legal authority and financial ability to operate
and maintain the project facilities.
(7) Public Information Availability: Public information produced with assistance from
this program shall not be copyrighted and shall be provided free of cost, except for the cost of
reproduction, to the public.
(8) Third -Party Project Operators: Projects that are being operated by a third party
shall have sufficient oversight by the eligible project sponsor as determined by the Board.
Such oversight, at a minimum, will include a project liaison that is a staff member of the
eligible project sponsor, and oversight of the operating hours and admission fees of the
facility by the eligible project sponsor through a legal agreement. All third party projects
shall be open to the public in accordance with this rule.
(9) Non-compliance: The District shall terminate a project agreement and demand
return of program funds disbursed to the project sponsor for non-compliance with any of the
terms of the project agreement or this rule, if such non-compliance calls into question the
ability of the applicant to complete the project. Failure of a project sponsor to comply with the
provisions of this rule or the project agreement shall result in the District declaring the project
sponsor ineligible for further participation in the program until such time as compliance has
been met to the satisfaction of the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History- New 12-17-90, Amended 2-3-
94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 3-25-00, 3-21-01, 7-30-02._ 04, _ 05
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66B-2.005 — Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the upcoming
year. If funds are determined to be available for the program, the District will notify potential
eligible governmental agencies of the availability of program funding. Applications will be
reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru e) Waterways
Assistance Program Application Evaluation and Rating Form (effective date 03-21-01); and
93-25 and 93-25 (a and b) Waterways Assistance Program Navigation Districts Application
Evaluation and Rating Form, (effective date 03-21-01), hereby incorporated by reference and
available from the District office.
(1) Funding Assistance Availability: In as much as the District has other fiscal
responsibilities and operational needs, financial assistance to eligible government agencies
shall not exceed an amount equal to eighty (80) per cent of the proportional share of the
District's ad valorem tax collections from each county in which such agencies are located. The
District may make an exception to this funding limitation, if funds are determined to be
available based upon the District's overall goals, management policies, fiscal responsibilities
and operational needs, in counties that are recovering from a state of emergency declared
under Chapter 252, Florida Statutes.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at minimum, equal matching funds from the project
sponsor with the exception of public navigation projects that meet the provisions of s.66B-
2.005(7) and small-scale spoil island restoration and enhancement projects that meet the
provisions of s.66B-2.013. Applicant's in-house costs are limited pursuant to s. 66B-
2.008(1)(c). All financial assistance to seaports shall require equal matching funds. The
District shall contribute no more than fifty percent (50%) of the local share of the cost of an
inlet management or beach renourishment project. The District shall not contribute funding to
both the state and local shares of an inlet management or beach renourishment project
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an
approved project element prior to the execution of the project agreement unless authorized by
the Board during the review and funding approval process. Board authorization of pre -
agreement expenses will be given for the commencement of work prior to the execution of a
project agreement if the Board determines that there is a benefit to the District, its waterways
or its constituents. All project costs must be incurred and work performed within the project
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period as stipulated in the project agreement unless pre -agreement costs are approved by the
Board. Pre -agreement expenses will be approved if they are consistent with the provisions of
rule 66B-2.008 and occur within the fiscal year of the grant application submission (October
61 to September 30th). Pre -agreement expenses, except for projects approved by the Board as
multi -year projects, will be limited to fifty (50) percent of the project's total cost and if the
expenses are eligible project expenses in accordance with this rule. Only one-half (112) or
less of the approved pre -agreement expenses will be eligible for reimbursement funding from
the District, except for projects approved by the Board as multi -year projects.
(4) Multi -Year Funding: The construction phase of projects that are large scale,
involve multiple phases, have a construction time line of one year or longer, or are requesting
a significant amount of assistance funding in relation to the total assistance available for the
county where the project is located, will be reviewed and approved by the District Board for a
multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter
200, F.S. The determination by the Board to provide assistance funding on a multi -year basis
can be made at any time during the application review process.
(5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the
proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1)
from the county in which such seaport is located if the seaport can demonstrate that a regional
benefit occurs from the port's activities. Financial assistance to a seaport project that
demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share
of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) from the counties
where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other
local government projects funded in those counties.
(6) inlet Management and Beach Renourishment: Projects and project elements in the
categories of inlet management and beach renourishment shall be subject to the following
provisions. The District shall contribute no more than fifty per cent of the local share of the
cost of the project. The District shall not contribute funding to both the state and local shares
of an inlet management or beach renourishment project. Funding for the construction phase of
an inlet management or beach renourishment project may be approved by the District Board
for a multiple year period subject to budgeting and allocation pursuant to the provisions of
Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or
beach renourishment projects:
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(a) Inlet Management:
Inlet management projects shall benefit public navigation within the
District and shall be consistent with Department of Environmental Protection
approved inlet management plans and the statewide beach management plan pursuant
to s. 161, F.S. Inlet management projects that are determined to be consistent with
Department of Environmental Protection approved inlet management plans are
declared to be a benefit to public navigation.
(b) Beach Renourishment
All projects in this category shall be consistent with the statewide beach
management plan. Beach renourishment projects shall only include those beaches that
have been adversely impacted by navigation inlets, navigation structures, navigation
dredging, or a navigation project. The determination of beach areas that are adversely
impacted by navigation for the purposes of this program shall be made by Department
of Environmental Protection approved inlet management plans. If state funding is not
provided for a beach project, public access with adequate parking must be available in
accordance with s. 161, F.S.
(7) Public Navigation: Projects or project elements in the category of public
navigation that will qualify for up to seventy-five per cent (75%) program funds must provide
public access to public launching, mooring or docking facilities. In addition, the following
shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that
the source of channel sedimentation has been identified and is in the process of, or
has been controlled, or that the frequency and amount of shoaling is such that
dredging will provide an improvement to the channel that will last for twenty (20)
years or more and therefore is more cost effective than identifying and correcting the
cause of shoaling, or that the cost of identifying the source of channel sedimentation
exceeds the cost of the dredging project.;
(b) Navigation channel lighting and markers must be located on primary or
secondary public navigation channels.
All other public navigation projects or project elements will only qualify for up to fifty
percent (50%) program funding.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -New 12-17-90, Amended 6-
24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02,
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66B-2.006 — Application Process.
(l) Application Period: Applications for assistance through this program will be
submitted during the authorized submission period that shall be established by vote of the
Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Application Form Number FIND 90-22 (effective date 7-30-02) and 93-22 (effective
date 7-30-02) are hereby incorporated by reference and available from the District office.
With the exception of Small -Scale Spoil island Restoration and Enhancement projects, all
applications for financial assistance and support through this program from member counties
and local governments shall be made on Form Number FIND 90-22. All applications for
financial assistance and support through this program from navigation related districts shall be
made on Form Number FIND 93-22.
(3) Sponsor Resolution: The project sponsor shall approve the submission of an
application by official resolution from its governing board or commission. Said resolution
shall be made on FIND Resolution Form No. 90-21 (effective date 10-14-92) hereby
incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based
development project, the applicant shall submit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available
from the District office.
(5) Application Review: Applications will be reviewed by the local FIND
Commissioner before being submitted to the District Office. Upon receipt in the District
office, staff will review the applications for completeness of the informational requirements
identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02)
and for compliance with the eligibility requirements of this rule. When an application is
determined by staff to be incomplete or ineligible, staff will immediately inform the applicant
by mail. The applicant will then have until the date established by the Board in the application
package to bring the application into compliance. If the applicant fails to provide a complete
application in compliance with these rules, the application will not be considered for funding.
In order to have a complete application, the applicant shall not only submit the forms required
under Rule 66B-2.006, and any other information requirements identified in the Application
Checklist (FIND Form Number 90-26), but such forms and other submitted information must
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be completely filled out, executed as applicable, and also establish compliance with Rule
66B-2.
(6) Interlocal Agreements: Applications that the Board determines will directly benefit
the maintenance of the Atlantic Intracoastal Waterway channel as documented by the
District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel in Martin County as documented by the
District's long range dredged material management plan, will directly benefit the maintenance
or improvement of District property, or have multiple funding partners including the Corps of
Engineers as the project manager can qualify for project assistance through an interlocal
agreement pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these
applications and present them to the Board for their determination as to funding. Interlocal
agreement projects shall comply with all other provisions of this rule, except for pre -
agreement expenses, permitting and property control requirements.
(7) Application Presentations: Applications determined to be complete and in
compliance with this rule will be forwarded to the Board for review and then scheduled for
presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make
a presentation to the Board by submitting a written request.
(8) Application Evaluation and Rating Score: Following the presentations, the Board
will review the applications and evaluate them using the Project Evaluation and Rating Forms
No. 91.25 (effective date 3-21-01), and No. 91-25(a thru e) for Waterways Assistance
Program applications, and 93-25 and 93-25(a & b) for Navigation Related District
applications, hereby incorporated by reference and available from the District office. The total
points awarded to each application by the Commissioners will be averaged to determine an
applications' final rating score. The final rating score for each application must equal or
exceed 35 points for the application to be considered for funding assistance. Reconsideration
of any application with a final rating score of less than 35 points will only occur if the
majority of the Commissioners evaluating the project rated the project equal to or exceeding
35 points and two-thirds of the Commissioners vote for reconsideration of the application.
(9) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to each project.
Allocations will be based in part upon the cumulative score of the applications as calculated
from the Project Evaluation and Rating Form, and the projects will be ranked by overall
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average score to facilitate final funding decisions by the Board. Allocations will also be
based upon the specific needs of the individual counties.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History— New 12-17-90, Amended 9-2-92,
6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21.01. 7-30-02.
66B-2.0061 — Emergency Applications.
Emergency applications may be submitted to the District and considered by the Board
at any time during the year to provide assistance to an eligible applicant for the removal of
navigation obstructions and repair or replacement of waterway facilities damaged by a
declared natural disaster. The District shall consider these applications in accordance with
these rules.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 6-24-93, Amended 2-6-97,
Formerly 16T-2.0061.
66B-2.007 — Application Form.
(Repealed)
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended 6-24-
93, 2-3-94, 4-12-93, Formerly 16T-2.007, Repealed 7-30-02.
66B-2.008 - Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be
used to plan or carry out public navigation, public recreation, environmental education,
boating safety, spoil site acquisition directly related to the waterways, inlet management,
environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or maintenance
of the following types of projects for public use on land and water. These project types will be
arranged into a priority list each year by vote of the Board. The priority list will be distributed
to applicants with the project application.
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation in the
District;
4. Public shoreline stabilization;
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5. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition for
additional trailer parking at an existing boat ramp;
8. Public boat docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements: Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel
related costs, land acquisition that is not for additional trailer parking at an existing boat ramp,
irrigation equipment, ball -courts, park and playground equipment, and any extraneous
recreational amenities not directly related to the waterway such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the
main eligible public building.
12. Conceptual project planning, including: public surveys, opinion polls,
public meetings, and organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an
itemized expense list:
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1. The following project costs will be eligible for program funding or as
matching funding if they are performed by an independent contractor:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying costs for
completed construction project;
c. Restoration of sites disturbed during the construction of an approved
project;
d. Equipment costs.
Before reimbursement is made by the District on any of the costs listed in subsection
1 above, a construction contract for the project approved and executed by the project sponsor
and project contractor must be submitted to the District.
2. Marine law enforcement and other vessels are eligible for a maximum of
$30,000 in initial District funding. All future replacement and maintenance
costs of the vessel and related equipment will be the responsibility of the
applicant.
(3) Waterway related environmental education facility funding will be limited
to those project elements directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects will be submitted
as a phased project where Phase I will include the design, engineering and permitting
elements and Phase II will include the construction of the project. A description and cost
estimate of the Phase II work will be submitted along with the Phase I application for Board
review. Applicants for construction projects that include elements that require federal or state
environmental permits will demonstrate that all required environmental permitting will be
completed by the District's final TRIM hearing. This demonstration will be by the
submission of the required environmental permit(s) or by the submission of a letter from the
agency(s) stating that a permit is not required. Should the environmental permitting element
of an application that has construction elements that require federal or state environmental
permits not be completed by the District's final TRIM hearing, the construction portion of the
project will not be considered for funding. The District will not deviate from the funding
schedule, whereby funding decisions are completed at the final TRIM hearing, to
accommodate any application deficiency.
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(2) Property Control: The site of a new proposed Iand-based development project, with
the exception of those projects requesting Small -Scale Spoil Island Restoration and
Enhancement funding, shall be dedicated for the public use for which the project was intended
for a minimum period of 25 years after project completion. Such dedication shall be in the
form of a deed, lease, management agreement or other legally binding document and shall be
recorded in the public property records of the county in which the property is located. This
property control requirement also applies to a project site owned by another governmental
entity. The governmental entity that owns the project site may be joined as a co -applicant to
meet this property control requirement. Existing land based development projects that are
being repaired, replaced or modified must demonstrate that the project site has been dedicated
for public use for at least 25 years with at least 10 years remaining on the dedication
document. Property shall also be deemed dedicated for public use if (a) the property has been
designated for the use for which the project is intended (even though there may have been no
formal dedication) in a plat or map recorded prior to 1940 or (b) the project sponsor
demonstrates that it has had exclusive control over the property for the public use for which
the project is intended for a period of at Ieast 30 years prior to submission of the application,
or (c) there is no ongoing litigation challenging the designated use of the property as shown
on the plat or map, nor has there been any judicial determination contrary to the use by the
public for the use shown on the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local permits, laws and regulations in the development of the project.
(4) Public Marina Qualifications: All public marina projects funded through this
program shall include sewage pumpout facilities for vessels, unless the applicant can
demonstrate that inclusion of such a facility is physically, operationally or economically
impracticable. All public marina projects funded through this program shall have at least ten
(10%) percent of their slips or mooring areas available for transient vessels. Program funds to
public marina projects shall not be utilized for maintenance of the facilities if revenues
generated by the facility are not exclusively allocated to the operation, maintenance and
improvement of the public marina facility.
(5) Final Decisions: The Board will make all final decisions on the eligibility of a
Project or specific project costs.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History — New 12-17-90, Amended
9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17.98, 3-31-99, 5-25-00, 3-
21-01, 7-30-02, _-_-04..
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66B-2.009 — Project Administration.
The District will appoint a project manager who shall be responsible for monitoring
the project and the project agreement. The project manager shall also be responsible for
approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who
will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms
of the project agreement. Administration of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project sponsor
will enter into a project agreement, prior to the release of program funds, setting forth the
mutual obligations of the parties concerning the project. The project agreement shall
incorporate the applicable policies and procedures of the program as outlined in this rule.
Project agreements will be for a two-year period with the possibility for one, one-year
extension. Any request for a one-year extension of funding shall require submittal by the
PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal
year two of the approved project. This request will then be considered by the DISTRICT
Board, whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the applicant to
complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the
amount and source of the matching funds it will be using to match the program funds supplied
by the District for an approved project. The project sponsor shall provide suitable evidence
that it has the matching funds available at the time the project agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must be
submitted to the District in writing by the project sponsor accompanied by a statement of
justification for the proposed changes. All project agreement amendments shall be approved
by the District Board, except that the Executive Director may approve a minor project
agreement amendment for a project within a county with the local District commissioner's
concurrence. A minor project amendment shall not change the approved project's category nor
result in a reallocation of more than 35% of the approved funding of the project among
project elements. Project agreement amendments will not include a change to the approved
project's location or a change in the approved project's purpose or project type. Agreed
changes shall be evidenced by a formal amendment to the project agreement and shall be in
compliance with these rules.
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ATTACHMENT D
(4) Project Reporting: The liaison agent will submit quarterly reports to the project
manager summarizing the work accomplished since the last report, problems encountered,
percentage of project completion and other appropriate information. These reports shall
continue throughout the length of the project period until completion of the project. The report
shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report,
dated 7-30-02, hereby incorporated by reference and available at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement
requests during the project period in accordance with s.66B-2.011. The project manager will
approve or disapprove all reimbursement requests. The final payment of program funds will
be made upon certified completion of the project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have the
right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the
date beginning in the District's first fiscal year for which the project was approved. If the
completion of a project is impacted by a declared state of emergency and the Board waives
this rule section, the extension of time granted shall not exceed one additional three (3) year
period.
(8) Project Completion Requirements: Upon completion of the project, the liaison
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02),
hereby incorporated by reference and available from the District office, which certifies that
the project was completed in accordance with the project agreement and the final project
plans.
(b) A final reimbursement request accompanied by all required billing statements and
vouchers.
(c) Photograph(s) showing the installation of the sign required by s. 66B-2.013.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(9) Project Completion Review: The project manager will review the project
completion package and will authorize or reject the final reimbursement payment, which will
include all retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T
2.009, Amended 3-21-01.__-__-04
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ATTACHMENT D
66B-2.010 — Project Agreement.
(Repealed)
Specific Authority 374.976(2) FS. Law implemented 374.976(1) FS. History-- New 12-17-90, Amended 9-3-96,
1-01, Formerly 16T-2.010, Repealed 7-30-02.
66B-2.011-- Reimbursement.
The District shall release program funds in accordance with the terms and conditions
set forth in the project agreement. This release of program funds shall be on a reimbursement
only basis. The District shall reimburse the project sponsor for project costs expended on the
project in accordance with the project agreement. Project funds to be reimbursed will require
the submission of a Reimbursement Request Form and required supporting documents, FIND
Form No. 90-14 (effective 7-30-02), hereby incorporated by reference and available from the
District office.
(1) Authorized Expenditures: Project funds shall not be spent except as consistent with
the project agreement cost estimate that was approved by the Board, which shall be an
attachment to the project agreement. This cost estimate will establish the maximum funding
assistance provided by the District and the percentage of funding provided by each party to
the project. The District will pay the lesser of (a) the percentage total of project funding that
the Board has agreed to fund, or (b) the maximum application funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be
made on a Phase I application until a construction contract is executed by the applicant for the
construction phase of the project. If the Phase 1 project is completed but a construction
contract is not executed by the three (3) year project deadline, then the District shall only
allow one (1) year from the Phase I project deadline to enter into the required construction
contract before the Phase ] funding is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the District and
summarized on the Reimbursement Request Form. All requests for reimbursement shall
include supporting documentation such as billing statements for work performed and
cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10%) of all reimbursement
payments until final certification of completion of the project. The District shall withhold any
reimbursement payment, either in whole or part, for non-compliance with the terms of this
agreement.
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ATTACHMENT D
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting or public
dedication ceremony for the project facility.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS, History — New 12-17-90, Amended 6-24-
93, Formerly 16T-2.011, Amended 3-31.99, 7-30-02
66B-2.0I2 - Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting
system that meets generally accepted accounting principles and for maintaining such financial
records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports
to FIND in accordance with s.66B-2.009(4).
(3) Completion Certification: All required final completion certification documents
and materials as outlined in s.66B-2.009(8) of this rule shall be submitted to the District prior
to final reimbursement of program funds.
(4) Auditing: All project records including project costs shall be available for review
by the District or by an auditor selected by the District for 3 years after completion of the
project. Any such audit expenses incurred shall be borne entirely by the project sponsor.
(5) Project Records: The project sponsor shall retain all records supporting project
costs for three years after either the completion of the project or the final reimbursement
payment, whichever is later, except that should any litigation, claim, or special audit arise
before the expiration of the three year period, the project sponsor shall retain all records until
the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent audit that
program funds have not been used in accordance with this rule and applicable laws, the
project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-
2.012, Amended 7-30-02.
66B-2.013 — Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent location at the completed project that indicates the District's participation in the
project. This sign shall contain the FIND logo. In the event that the project sponsor erects a
temporary construction sign, this sign shall also recognize the District's participation. if the
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final product of the project is a report, study or other publication, the District's sponsorship of
that publication shall be prominently indicated at the beginning of the publication. If the
project results in an educational display, the District's logo and a statement of the District's
participation in the project shall be contained in the display.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-
2. 013.
66B-2.014 — Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and
natural islands within the District's waterways for recreational, navigational, educational, and
environmental purposes. The provisions of this rule apply to these applications with the
following additions or exceptions:
(1) Application Procedure — A Request for Proposals procedure will be used to request
proposals for consideration. Proposals shall follow the format described in FIND Document
#03-02 Call for Proposals — Small Scale Spoil Island Restoration and Enhancement Program,
effective date 7-30-02, hereby incorporated by reference and available from the District
office. Proposals may be submitted to the District and considered by the Board at any time
during the year.
(2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify
for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching
funds may include in -kind contribution pursuant to s66B-2.014(4) (b).
(3) Eligibility: All proposals must meet the following eligibility criteria to be
considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the provisions
of any Spoil Island Management Plans or other management plans that govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the
Project site to construct and maintain the Project for a minimum of five years. Such property
rights can be in the form of a lease, interlocal agreement, use agreement or other legal form
approved by the District.
(4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005, subject to the
exceptions identified in this rule, and with the following additions:
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ATTACHMENT D
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed
$22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor; such in -kind
construction labor costs will not be counted by the District as exceeding $10.00 per hour. No
administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project
expenses such as construction materials, plant materials, herbicides, etc. The funding provided
by the District shall not be allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall
sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and
hereby incorporated by reference and available from the District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 7-30-02.
21