69I-44.007. Reimbursement

(1) Four reimbursement methods are available to the landowner as follows:

(a) Final Completion Method. Reimbursement of allowable costs in total upon completion of the project and certification of completion of the project by the Department.

(b) Completion of Revegetation. Reimbursement of 95% of allowable costs upon completion of the revegetation stage and certification of completion of the revegetation stage by the Department. The remaining 5% will be reimbursed upon completion of the project and certification of completion of the project by the Department.

(c) Stage Completion. Reimbursement of allowable costs upon completion of the stages and certification of completion of the stages by the Department in the following manner:

1. 90% of allowable planning, engineering and surveying costs upon approval of reclamation program and commencement of reclamation efforts.

2. 90% of allowable earthmoving costs upon completion of the earthmoving and certification of the completion of the earthmoving stage by the Department.

3. 90% of allowable revegetation costs and the remaining 10% of allowable planning, engineering and surveying costs upon completion of revegetation stage and certification of completion of the revegetation stage by the Department.

4. The remaining allowable costs will be reimbursed upon completion of the reclamation program and certification of completion of the reclamation program by the Department.

(d) Percentage of Completion. Reimbursement, on a quarterly basis, of allowable costs upon acceptance of the landowner’s progress as identified by the Department’s quarterly report according to the following schedule:

1. 80% of allowable planning, engineering and surveying costs upon approval of reclamation program and commencement of reclamation efforts.

2. After completion of the planning and engineering stage, as the earthmoving and revegetation stages progress, the State will reimburse the landowner 80% of such allowable earthmoving and revegetation costs as incurred and paid by the landowner and reported by the Department during each quarterly period.

3. Upon completion of the revegetation stage, the State will also reimburse the remaining 20% of the allowable costs incurred and paid by the landowner for the planning and engineering stage as provided in subparagraph 1. above.

4. After completion of the establishment stage and certification by the Department that the reclamation project has been satisfactorily concluded, the State will reimburse all other retained allowable expenses.

(2) Once a landowner has selected one of the reimbursement methods, it may not be changed without the prior approval of the Department. If a change in reimbursement method is approved, no additional reimbursements shall be granted in excess of the amount that would have been allowed had the substitute method been in effect from the inception of the program.

(3) If the landowner selects any method other than Final Completion Method, before any such reimbursement is made, the landowner shall furnish the State of Florida one of the following:

(a) Documented first mortgage on the parcel of land subject to reclamation conditioned upon the landowner’s faithful completion of such project in the manner and form set forth in the reclamation program. Upon default by the landowner in such reclamation program as determined by the Department, the State shall have the right to foreclose such mortgage, acquire the land, complete the project. Thereafter, disposition of the land or the proceeds thereof shall be governed by Section 378.035(5), F.S.

(b) Good and sufficient surety bond issued by a surety company and in form acceptable to the State in the full amount of the reclamation project conditioned upon completion of the reclamation project and certification of satisfactory completion of the project by the Department.

(c) Irrevocable letter of credit in form acceptable to the State in the full amount of the reclamation project and conditioned upon completion of the reclamation project and certification of satisfactory completion of the project by the Department.

(d) When the landowner is the federal, state, county or local government or any agency thereof, the requirements of subsection (3) may be waived by the Chief Financial Officer upon written request.

(4) The cost of providing such mortgage, surety bond, or irrevocable letter of credit shall not be reimbursable costs under the provisions of Chapter 378, Florida Statutes.

(5) The landowner shall provide the following documentation to the Department prior to reimbursement of costs submitted for payment:

(a) Affidavit as provided in subsection 69I-44.006(4), F.A.C.

(b) Documented first mortgage, etc., as provided in subsection 69I-44.007(3), F.A.C.

(c) Copies of cancelled checks paid to contractors, vendors, employees, etc., for which reimbursement is being requested. In lieu of such cancelled checks, the Department may accept an affidavit from the landowner listing all payments made by payee, date of payment, check number, and certifying that such checks have been issued, delivered and paid for all items for which reimbursement is being requested.

(d) Copies of all contracts between the landowner and contractors and copies of bid tabulations and bid specifications when applicable.

(6) All payments to the landowner are subject to final audit upon completion of the reclamation project. The landowner may be entitled to additional payment or required to refund excess amounts disbursed based on the findings of the audit.

Specific Authority 17.29, 378.037(2) FS. Law Implemented 378.037 FS. History–New 8-9-83, Amended 10-31-84, Formerly 3A-44.07, Amended 11-30-94, Formerly 3A-44.007.