14B-1.004. Determination of Funding; Council/Agency Review  


Effective on Thursday, August 8, 2019
  • 1(1) The Council shall evaluate each project’s eligibility for funding, based on the following:

    15(a) The project is consistent with the approved port master plan, local government comprehensive plan, and five year schedule of capital improvements;

    37(b) The project is expected to provide an economic benefit through increased cargo flow, cruise passenger movement, international commerce, or port revenues;

    59(c) The project is expected to create jobs in the local community;

    71(d) The project is ready for acquisition and construction upon receipt of funding;

    84(e) The project will not adversely affect the competitiveness of other Florida ports;

    97(f) The seaport system has the capacity to support the project; and,

    109(g) The applicant has secured matching funds for the project119.

    120The Council will determine which projects are eligible for funding and annually submit to the Secretary of the Department of Transportation and the Executive Director of the Department of Economic Opportunity, a list of eligible projects and the requested funding level for each project.

    164(2) Pursuant to section 168311.09(7), F.S., 170upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Economic Opportunity shall review the projects to evaluate their economic benefit and consistency with the Florida Seaport Mission Plan and state economic development goals and policies. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Economic Opportunity will notify the Council of those projects which are consistent. Should additional information be requested from one or more applicants to evaluate project consistency, the time limit for the Department of Economic Opportunity’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

    297(3) Pursuant to section 301311.09(6), F.S., 303upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Transportation shall review the projects for consistency with the Florida Transportation Plan and the Statewide Seaport and Waterways System Plan. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Transportation will notify the Council of those projects which are consistent. When additional information is requested from one or more applicants to evaluate project consistency, the time limit for the Department of Transportation’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

    422(4) 423Pursuant to section 426311.09(10), F.S., 428a member of the Council from the Department of 437Economic Opportunity or the 441Department of Transportation may vote to overrule any action of the Council which approves a project pursuant to subsection (1). Any action to overrule a project shall be taken prior to, or at, the Council meeting at which the project is approved for submission to the Department of Transportation for funding. A vote overruling an action of the Council shall be in writing, give specific reasons for overruling the Council, and be considered final agency action for purposes of chapter 120, F.S.

    523Rulemaking Authority 525311.09(4) FS. 527Law Implemented 529311.09 FS. 531History–New 12-19-90, Amended 7-13-10, 1-12-16, 8-8-19.