To clarify procedures for funding of eligible port projects in accordance with Section 311.09, Florida Statutes.

 

DEPARTMENT OF TRANSPORTATION

Florida Seaport Transportation and Economic Development Council

RULE NOS.:RULE TITLES:

14B-1.001Definitions

14B-1.002Port Project Funding Application Procedures and Requirements

14B-1.003Measuring Economic Benefits

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

14B-1.005Council Procedures

14B-1.006Eligible Port Funding Requirements

PURPOSE AND EFFECT: To clarify procedures for funding of eligible port projects in accordance with Section 311.09, Florida Statutes.

SUMMARY: These amendments clarify the criteria the Florida Seaport Transportation and Economic Development Council uses to evaluate port funding requests.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule does not impose a regulatory cost.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 311.09(2)(4)(11) FS.

LAW IMPLEMENTED: 311.07, 311.09, 315.02, 320.20 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 14B-1.001 follows. See Florida Administrative Code for present text.

14B-1.001 Definitions.

(1) “Council” means the Florida Seaport Transportation and Economic Development Council as created in Section 311.09(1), F.S.

(2) “Eligible Port” means deepwater ports identified in Section 311.07(3)(a), F.S.

(3) “Florida Seaport Mission Plan” means the mission statement developed by the Council pursuant to Section 311.09(3), F.S

(4) “Florida Transportation Plan” means the plan developed by the Department of Transportation pursuant to Section 339.155, F.S.

(5) “Matching Funds” for a port transportation project, other than a seaport intermodal access project, means funds provided by a source other than the Florida Department of Transportation which shall, at a minimum, be an amount equal to the program funds.

(a) Matching Funds for seaport intermodal access projects as described in Section 341.053, F.S. and identified in the Seaport Mission Plan shall be mutually determined by the Council and the Department of Transportation, provided a minimum of 25 percent of the total project funds shall come from port, local, private, or specifically earmarked federal funds.

(b) Matching Funds for seaport intermodal access projects that involve the dredging or deepening of channels, turning basins, or harbors; or the rehabilitation of wharves, docks, or similar structures shall have a minimum of 25 percent of the total project funds from port, federal, local, or private funds.

(6) “Port Facilities or Port Transportation Projects” are those defined in Section 311.07(3)(b), F.S.:

(7) “Port Master Plan” means a comprehensive plan prepared by each eligible deepwater port which addresses existing port facilities and any proposed expansions and adequately addresses the applicable requirements of Section 163.3178(2)(k), F.S., or other provisions of the Community Planning Act, Part II of Chapter 163, F.S.

(8) “Program Funds” means those funds identified in Sections 311.07(2) and 320.20(3) and (4), F.S.

(9) “SeaCIP” is a secure, comprehensive capital improvement project and financial management database system designed for use by Council members. It allows for online application submission by seaports and online review and approval of seaport capital improvement projects by Council state agencies. As projects are funded by the Council and progress through the construction phase, the SeaCIP system accepts inputs regarding funds allotted and funds disbursed to the project creating a “real time” financial management tool.

(10) “Statewide Seaport and Waterways System Plan” means the plan developed by the Department of Transportation pursuant to Section 311.14, F.S.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.07, 311.09, 315.02, 320.20 FS. History–New 12-19-90, Amended 7-13-10,           .

 

14B-1.002 Port Project Funding Application Procedures and Requirements.

(1) An application shall be accepted only from an eligible port. The port shall apply for the grant by submitting to the Council Application Form 14B, entitled “Florida Seaport Transportation and Economic Development Council Grant Project Application”, hereby incorporated by reference, effective October, 2015 August 1, 2009 at https://www.flrules.org/Gateway/reference.asp?No=Ref-06097. Applications for program funds shall be submitted in electronic format and can be obtained utilizing SeaCIP (www.seacip.com). Applications shall be submitted by the appropriate duly authorized official of such port. The submission deadline for submitting applications for the upcoming applicable Department of Transportation fiscal year funding cycle shall be determined by the Council in consultation with the Department each calendar year and noted in SeaCIP. Applications for other Department of Transportation fiscal funding cycles may be electronically submitted utilizing SeaCIP by an eligible port at any time during the calendar year. 

(2) The applicant must demonstrate provide information in the electronic application so that it may be determined whether the proposed port transportation project is consistent, to the maximum extent feasible, with an approved port master plan, local government comprehensive plan and five year schedule of capital improvements. The applicant must include its current updated port master plan as part of the electronic application.

(3) The application shall be accompanied by a map depicting the location of the proposed port transportation project and adjacent properties.

(4) The applicant must demonstrate provide information in the electronic application so that it may be determined whether the project provides an economic benefit and is consistent with the Florida Seaport Mission Plan.

(5) The applicant must demonstrate provide information in the electronic application so that it may be determined whether the project is consistent with the policies and needs contained in the Florida Transportation Plan, the Statewide Seaport and Waterways System Plan, its adopted work program and other relevant statewide, regional and local transporation plans, goals and objectives.

(6) The Council staff shall have up to fifteen (15) days from receipt of an application to examine the application and notify the applicant via SeaCIP of any apparent errors or omissions and request any relevant additional information. The applicant shall have up to fifteen (15) days from receipt of the request to provide the additional information. The application shall be considered incomplete if the requested information is not provided.

(7) The project information required to be submitted by the applicant port is contained in SeaCIP and includes the following information:

(a) Name of applicant, authorized representative, brief project description, unique project identification number, total project cost, estimated completion date and port priority.

(b) Total funding requested, phase or year of request, state funds requested, local funds available, and source of port matching funds.

(c) Information from the applicant port about its port master plan and local government comprehensive plan so the Department of Economic Opportunity Community Affairs may review the project and determine whether it is consistent, to the maximum extent feasible, with the port master plan and local government comprehensive plan. The applicant must provide an electronic version of its current updated port master plan when submitting the applications.

(d) Economic benefit information related to the project so that the Department of Economic Opportunity Office of Tourism, Trade, and Economic Development can determine whether the project provides an economic benefit to the state and is consistent with the Florida Seaport Mission Plan. For ports with annual operating revenues of $5 million or less seeking funding for certain projects as defined in Section 315.02(6), F.S., a statement of eligibility, operating revenues, and economic benefits is required.

(e) Transportation impact information related to the project so that the Department of Transporation can determine the impacts to the state transportation system.

(8) The Council shall consider the electronic submittal of an application for funding at any time during the calendar year.

(8)(9) Approved projects shall remain eligible for funding for a period of three calendar years from the date of approval, or for three sequential fiscal-year funding cycles, whichever is greater. Approved projects that have any major change shall require the submission of a new or modified application for consistency review by the Council and agencies. For purposes of this subsection, major change means a deviation from an approved project that is reasonably expected to have any of the following impacts:

(a) Increases the program funds requested for an approved project;

(b) Increases the demand, reduces the capacity or changes the demand or capacity on internal roadways or rail lines by more than 5% of the original estimate;

(c) Leads to a new or substantially different type of facility or project, including any operational change or other changes that impact the reported level of service on any affected roadway; or

(d) Any land acquisition.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10,               .

 

14B-1.003 Measuring Economic Benefits.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, Repealed      .

 

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

(1) The Council shall evaluate review and approve or disapprove each project’s eligibility for funding, based on the following:

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

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

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

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

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

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

(g) The applicant has secured matching funds for the project

The Council will determine which projects are eligible for funding and After such determination, the Council shall annually submit to the Secretary of the Department of Transportation, the Office of Tourism, Trade and Economic Development, and the Executive Director Secretary of the Department of Economic Opportunity Community Affairs, a list of eligible projects and the requested funding level for each project.

(2) Pursuant to Section 311.09(7)(6), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Economic Opportunity Community Affairs shall review the projects to evaluate their economic benefit and determine 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 Community Affairs will notify the Council of those projects which are not 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 Community Affairs’ review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

(3) Pursuant to Section 311.09(6)(7), F.S., upon 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, the Department of Transportation will identify those projects which are not consistent and notify the Council of projects found to be inconsistent. 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.

(4) Pursuant to Section 311.09(8), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Office of Tourism, Trade and Economic Development shall review the projects to evaluate the economic benefit and to determine whether the projects are consistent with the Florida Seaport Mission Plan. It is the expectation of the Council that within forty-five (45) days from receipt of the list of eligible projects, the Office of Tourism, Trade and Economic Development will identify those projects which do not offer an economic benefit to the state or are not consistent with the Florida Seaport Mission Plan and shall notify the Council of its findings. When additional economic impact information is requested from the applicant, the time limit for the Department’s review of the project may be extended up to fifteen (15) days following receipt of the requested information.

(4)(5) Pursuant to Section 311.09(10)(11), F.S., a member of the Council from the Department of Economic Opportunity Community Affairs, or the Department of Transportation, or the Office of Tourism, Trade, and Economic Development 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.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10,                    .

 

14B-1.005 Council Procedures.

(1) The Council shall prioritize and allocate funding to seaports for approved projects at the Council meeting and in accordance with the following criteria adopted by Florida Seaport Transportation and Economic Development Council, June 10, 1998, and revised February 25, 2003:

(a) Consistency reviews performed by the Departments of Transportation and the Department of Economic Opportunity Community Affairs and the Governor’s Office of Tourism, Trade, and Economic Development (OTTED) and the economic benefit review performed by the Department of Economic Opportunity OTTED.

(b) The goals and objectives of the Florida Seaport Mission Plan.

(c) Competition for cargo or trade between an applicant port and port located outside the State of Florida.

(d) Importance of a project to support or maintain existing cargo, trade or passenger movements at the applicant port.

(e) Revenues or funds available at the applicant port to ensure that the port meets its matching fund requirement and to ensure that the project is initiated within the funding year in which the project is approved.

(f) The overall 5-year capital improvement needs of each applicant port.

(g) The ability of the port to finance port improvements through other sources.

(h) Fairness in achieving balanced support for each port’s priorities, objectives and goals in a 5-year capital improvement program.

(i) Each port’s recommendations concerning its funding needs.

(2) A majority vote of the Council members present is sufficient to prioritize and allocate funding to seaports for all approved projects. A majority vote of the Council members present is sufficient to disapprove funding for a specific port transportation project.

(3) The Council staff shall submit a summary of port transportation projects with pertinent information to the Council members no less than five (5) working days prior to the date of the meeting at which time projects will be considered for funding approval.

(4) Eligible ports whose transportation projects are not recommended for funding in any given year may reapply for subsequent funding consideration by the Council.

(5) The Council may also hold monthly meetings to facilitate the project review process and other related issues.

Rulemaking Authority 311.09(2), (11) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10,                     .

 

14B-1.006 Eligible Port Funding Requirements.

Program funds received by eligible ports shall be expended only on eligible costs associated with projects listed in 311.07(3)(b), F.S. only.

(1) Eligible costs include:

(a) Design and engineering, permitting, environmental mitigation, construction of the port transportation project, right-of-way acquisition, relocation of electrical utilities, drainage, railroad spurs, water lines, sewer lines, and other infrastructure costs associated with construction of the project. 

(b) Improvements or fixtures constructed or placed on leased property, however, the useful life of the improvements or fixtures shall be equal to or less than the length of the lease, or so long as the improvements or fixtures remain under the control and use of the ports after the termination of the lease.

(c) Trade Data Information Products related to the purchase of information involving any or all of the following:

1. Market intelligence;

2. Economic activity;

3. Economic and natural resources;

4. Transportation infrastructure;

5. Navigational and shipping issues;

6. Environmental issues.

(2) Costs associated with preparation of the application or administration of project funds are not eligible costs.

(3)(2) If program funds are not expended on eligible costs, the port shall immediately reimburse the Council for the ineligible costs.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.07, 320.20(3), (4) FS. History–New 12-19-90, Amended 7-13-10,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Toy Keller, Vice President of Programs and Planning

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Seaport Transportation and Economic Development Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 10, 2015