HomeMy WebLinkAboutExhibit 2EXHIBT A
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 (Repealed)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 (Repealed)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.
668-2.014 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.
All forms for the administration of this program are available from the District
office.
Specific Authority 374.976(2) FS. 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.
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(12) "MATCHING FUNDS" means those funds provided by the local sponsor to
the project.
(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.
(16) "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.
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(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.
(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, 3-03-04,04-21-05
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
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assistance, support, and cooperation in planning and carrying out beach renourishrnent
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.
(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.
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(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.
(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
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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 379.976(2) FS. Law Implemented 374.976(1), (2) FS. History- New 12-17-90, Amended
2-3-99, 2-6-97, Formerly 167-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02.3-03-04, 04-
21-05.
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) percent 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.
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(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at minimum, equal matching funds from the project
sponsor's own budget 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 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 lst 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 (1/2) 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
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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 percent 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:
(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. 161.161, 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
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beach areas that are adversely impacted by navigation for the purposes of this
program shall be made by the 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 percent (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, 04-21-05.
66B-2.006 — Application Process.
(1) 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
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Enhancement projects, all applications for financial assistance and support through this
program from member counties and Iocal 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 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
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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 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. 04-21-05.
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66B-2.006I — 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.
668-2.007 — 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, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02.
668-2.008 - 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;
5. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
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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.
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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:
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
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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.
(2) Property Control: The site of a new proposed land -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 least 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
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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, 7-30-02,3-03-04.
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
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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.
(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
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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 7-3 0-
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 3-21-0.1,3-03-04
66B-2.010 — Project Agreement.
(Repealed)
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended
9-5-96, 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 an 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.
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(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 I 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 I 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.
(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-2.012 - 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.
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(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 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.
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EXHIBT A
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 Ca11 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:
(a) The District shall fund a maximum of up to $7,500 per project, not to
exceed $22,500 per County, per fiscal year.
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(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.
Spec Vic Authority 374.976(2) FS, Law Implemented 374.976(1) FS. History — New 7-30-02.
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