The amendments to this rule are being made to clarify procedures for the small county dredging grant program.

 

DEPARTMENT OF TRANSPORTATION

Florida Seaport Transportation and Economic Development Council

RULE NOS.:RULE TITLES:

14B-2.001Definitions

14B-2.002Port Project Funding Application Procedures and Requirements

14B-2.003Measuring Economic Benefits

14B-2.004Determination of Funding; Project Review Group/Agency Review

14B-2.005Project Review Group Procedures

14B-2.006Eligible Port Funding Requirements

14B-2.007Reporting Requirements

PURPOSE AND EFFECT: The amendments to this rule are being made to clarify procedures for the small county dredging grant program.

SUMMARY: These amendments clarify the criteria the Florida Seaport Transportation and Economic Development Council uses to evaluate funding requests for dredging by ports in counties having a population under 300,000.

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: 311.22 FS.

LAW IMPLEMENTED: 311.22 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,605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14B-2.001 Definitions.

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

(2) “Dredging Project” means a project to dredge or deepen channels, turning basins, or harbors.

(3) “Eligible Costs” means costs that are specifically required to initiate or complete a dredging project. Examples of eligible costs include: dredging and dredging machinery costs, design and engineering, permitting costs, environmental mitigation, and other infrastructure costs associated with the dredging project.

(4) “Eligible Port” means a port authority, as defined in Section 315.02(2), F.S., in a county having a population of less than 300,000, according to the last official census, that complies with the permitting requirements in Part IV of Chapter 373, F.S., and the local financial management and reporting provisions of Part III of Chapter 218, F.S.

(5) “Matching Funds” means those funds provided by the eligible port from any source other than the Florida Department of Transportation which shall, at a minimum, be 25 percent of the total cost for the an amount equal to the program funds allocated to the eligible port for a dredging project.

(6) “Program Funds” means those funds appropriated specifically for small county dredging projects in the annual appropriations bill passed by the Legislature and approved by the Governor.

(7) “Project Review Group” means the review group designated by the Council to review applications. Such group must include the three state agency representatives from the Council: one voting representative from the Department of Transportation; one voting representative from the Department of  Community Affairs; and one voting representative from the Governor’s Office of Tourism, Trade, and Economic Development. The Project Review Group shall also include two voting seaport representatives from the Council.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06,                   .

 

14B-2.002 Dredging Project Funding Application Procedures and Requirements.

(1) Contingent upon available appropriated funds, the Council shall announce the availability of Small County Dredging Grant program funds and the application deadline on the Florida Port Council website at flaports.org. The application submission period must be for a period of not less than thirty (30) days.

(2)(1) An application shall be accepted only from an eligible port. The eligible port shall apply for the grant by either electronically submitting or mailing to the Council an application entitled “Florida Seaport Transportation and Economic Development Grant Small County Seaport Dredging Project Application”, Form FSTED-2, hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06097, effective October, 2015 August, 2005 utilizing SeaCIP (www.seacip.com). Applications shall be submitted by the authorized representative of such port.

(2) Applications must be submitted to the Council during the time period designated by the Project Review Group pursuant to Rule 14B-2.005, F.A.C., of these rules. Application forms are available via the following website: www.flaports.org, or by contacting the Florida Ports Council at their offices at 502 East Jefferson Street, Tallahassee, Florida 32301, 1(850) 222-8028.

(3) Council staff The Project Review Group will have fifteen (15) days from the application submission deadline to examine the application and notify the applicant of any apparent errors or omissions and to request any needed additional information. The applicant shall then have fifteen (15) days from receipt of the request to provide the additional information. The application shall not be considered to be properly completed if the additional information is not provided.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06,     .

 

14B-2.003 Measuring Economic Benefits.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06.Repealed___________.

 

14B-2.004 Determination of Funding; Project Review Council/Agency Review.

(1) The Project Review Group shall review and determine whether each application is complete and eligible for program funds within one hundred twenty (120) days of the application deadline. After such determination, the Project Review Group shall submit Ccomplete and eligible applications submitted by eligible ports will be provided to the Secretary of Transportation; the Office of Tourism, Trade, and Economic Development; and the Executive Director Secretary of the Department of Economic Opportunity Community Affairs within 60 days of the application deadline for their review pursuant to this section.

(2)(a) Upon receipt of the applications and appropriate project information from the Project Review Group, the Department of Transportation, Department of Community Affairs, and the Office of Tourism, Trade, and Economic Development shall review the projects for consistency with the Florida Transportation Plan provided in Section 339.155, F.S., and the Statewide Seaport and Waterways Systems Plan provided in Section 311.14, F.S. to determine whether there are any conflicts with state transportation and/or growth management plans, local approved local government comprehensive plans of the units of local government in which the port is located, or with any pertinent port master plan. Within forty-five (45) days from receipt of the application, the Department of Transportation will notify the Council whether the project is ineligible for funding due to inconsistency with the above listed plans. Should additional information be requested from one or more applicants to evaluate consistency, the time limit for the review and notice to the Council shall be extended fifteen (15) days following receipt of the requested information.

(b) The Department of Economic Opportunity Office of Tourism, Trade, and Economic Development shall review the projects for consistency with the Florida Seaport Mission Plan as provided in Section 311.09(3), F.S., the Port Master Plan as provided in Section 163.3178(2)(k), F.S., and the local government comprehensive plan. The Department of Economic Opportunity will further to evaluate the economic benefit of each project based upon the potential for the proposed project to increase or maintain cargo flow, domestic and international commerce, port revenues, and the number of jobs for the port's local community information required by Rule 14B-2.003, F.A.C.

(c) Within forty-five (45) days from receipt of the applications, the Department of Transportation, Department of Economic Opportunity Community Affairs, and Office of Tourism, Trade and Economic Development shall notify the Council whether the projects are eligible for funding or ineligible due to inconsistency with any of the above listed plans a conflict or lack of economic benefit. Should additional information be requested from one or more applicants to evaluate conflicts or economic benefit, the time limit for the review and notice to the Council Project Review Group shall be extended fifteen (15) days following receipt of the requested information.

(3) The Council shall review the findings of the Department of Economic Opportunity Community Affairs, the Office of Tourism, Trade, and Economic Development, and the Department of Transportation, and cast a vote to approve or disapprove funding for projects found eligible and not  in conflict by the above agencies. Projects found to be inconsistent in conflict pursuant to paragraph (2)(a) or (b), or lacking an economic benefit pursuant to paragraph (2)(d) shall not be eligible for program funds. If enough appropriated funds are available to provide program funds to all eligible projects, the Council shall recommend funding for all projects found eligible and not in conflict pursuant to this rule section. If an adequate amount of appropriated funds are not available, the Council shall prioritize appropriated funds to those projects providing the greatest economic benefit.

(4) The Council shall submit to the Department of Transportation a list of approved projects for funding. Additionally, the Council shall submit to the department a list of unfunded eligible projects that should receive additional program funds if such funds were made available in the next fiscal year.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06,                          .

 

14B-2.005 Council Procedures.

(1) The Council shall allocate program funds for approved projects. A majority vote of the voting Council members present is sufficient to approve funding for a specific port dredging project and is sufficient for the Council to allocate funding for all approved projects. A majority vote of the voting Council members present is sufficient to disapprove funding for a specific port dredging project.

(2) Contingent upon the available appropriated funds, the Council shall publish in the Florida Administrative Weekly and any other appropriate publication method the period for submitting application for program funds. The Council shall ensure that the publication provides eligible ports with adequate notice to submit an application. The application submission period must be for a period of not less than thirty (30) days. The Council may provide for more than one (1) application submission period in a fiscal year.

(3) Applicants whose dredging projects are not recommended for funding in any given year may reapply for subsequent funding consideration by the Council.

(4) The Council shall publish in the Florida Administrative Register, at least seven (7) days prior to Council meetings or workshops, notification of the time and place the Council will meet to discuss, review, and/or vote upon dredging projects. Such meetings or workshops shall be open to the public. At least seven (7) days prior to a meeting, the Council shall prepare and make available an agenda for distribution on request of any interested person.

(5) The Council may elect to provide an administrative staff, by contract or otherwise, to provide services to the Council on matters relating to the program and the Council.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Amended                    .

 

14B-2.006 Eligible Port Funding Requirements.

(1) Any project that receives funds pursuant to Section 311.22, F.S., shall be subject to a final audit pursuant to Department of Transportation rules and regulations.

(2) Funds received by eligible ports shall be expended on eligible costs only. If program funds are not expended on eligible costs, then the port shall immediately reimburse the Council for its share of the ineligible expenditures.

(3) Eligible ports awarded program funds shall enter into a written Joint Participation Agreement (JPA) with the Department of Transportation. The Department of Transportation will reimburse the eligible port an amount equal to the amount approved by the Council on an approved project. This reimbursement will be made upon receipt of an invoice showing total eligible costs incurred to date, less reimbursements received to date. These reimbursements will be made in compliance with the payment requirements set forth in Section 215.422, F.S. The final reimbursement to the port will be released upon the satisfactory completion of a final audit conducted by the Florida Department of Transportation.

(4) Eligible ports awarded program funds shall pay an administrative fee to the Council for the administration of the small county dredging program, based upon each recipient’s share of the funds. The administrative fee shall be paid in its total amount by the recipient port upon execution by the port and the Department of Transportation of a joint participation agreement. The Council shall vote on and set such fee at a properly noticed public hearing of the Council.

Rulemaking Authority 311.22 FS. Law Implemented 311.09(11), 311.22 FS. History–New 4-23-06.

 

14B-2.007 Reporting Requirements.

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Repealed                   .

 

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: September 3, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 18, 2015