The proposed rule amendment is being promulgated to implement changes in the administration of the District's Waterways Assistance Program. This makes minor changes to the Waterways Assistance program rule sections: Funds ....

 

NAVIGATION DISTRICTS

Florida Inland Navigation District

RULE NOS.:RULE TITLES:

66B-2.005Funds Allocation

66B-2.006Application Process

66B-2.014Small-Scale Spoil Island Restoration and Enhancement Projects

PURPOSE AND EFFECT: The proposed rule amendment is being promulgated to implement changes in the administration of the District's Waterways Assistance Program. This makes minor changes to the Waterways Assistance program rule sections: Funds Allocation, Application Process, Disaster Relief Applications, and Small-Scale Spoil Island Restoration and Enhancement Projects.

SUMMARY: The amendments proposed at this time will support the updated and renewed Waterways Assistance Program application, which has been shortened to make for a more concise and simplified application while allowing more project narratives to identify the key points for funding consideration. The Form numbers and the link to the State’s FL Rules website have changed for the new Waterways Assistance Program Application. The complete application will be submitted as part of the FY2024 Rule Making. There is an increase in potential funding for Small-Scale Spoil Island Restoration and Enhancement Projects. There is also an increase in the proportional share of tax collections.

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:

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: 374.976(2) FS.

LAW IMPLEMENTED: 374.976(1)-(3)FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 16, 2024, 10:00 a.m.

PLACE: Office of the Florida Inland Navigation District

600 State Road 707, Unit C, Jupiter, FL 33469-3516

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Kelley, Deputy Director, Florida Inland Navigation District, 600 State Road 707, Unit C, Jupiter, FL 33469-3516 Telephone Number [phone] Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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. 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. 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. 25-15 91-25 and 25-15 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date xx-xx-xx 1/2014), hereby incorporated by reference and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17323 http://www.flrules.org/Gateway/reference.asp?No=Ref-03568, and available from the District office or by download from the District’s webpage at: www.aicw.org.

(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 ninety (90) 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, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S.

(2) through (8) No change.

Rulemaking 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, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14, 5-15-16, 3-25-21, xx-xx-xx.

 

66B-2.006 Application Process.

(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small-Scale Spoil Island Restoration and Enhancement Projects eligible Small-Scale Derelict Vessel Applications and Waterway Cleanup Events, all 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 Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 25-15  91-25 and 25-15 https://www.flrules.org/Gateway/reference.asp?No=Ref-17350 91-25 (A) through (F) (effective date xx-xx-xx 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, the Small-Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 25-15 91-25 and 25-15 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 25-20 http://www.flrules.org/Gateway/reference.asp?No=Ref-17338 90-25 , Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date xx-xx-xx 4-24-06) , hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 25-25 http://www.flrules.org/Gateway/reference.asp?No=Ref-17340 96-10) (effective date xx-xx-xx 4-15-07) .

(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 Form No. 25-30 http://www.flrules.org/Gateway/reference.asp?No=Ref-17339 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date xx-xx-xx 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 25-35 http://www.flrules.org/Gateway/reference.asp?No=Ref-17340 94-26  (effective date xx-xx-xx 5-25-00), hereby incorporated by reference and available from the District office.

(5) No change.

(6) Application Review: Applicants shall obtain the local FIND Commissioner’s initials on Form No. 25-10 http://www.flrules.org/Gateway/reference.asp?No=Ref-17346 90-26  prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner’s review. In the absence of extenuating circumstances outside of the applicant’s control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner’s initials on Form No. 25-10 90-26. 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 25-10 90-26 (effective date xx-xx-xx 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 or email. 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, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 25-10 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C.

(7) through (8) No change.

(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 25-15 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application’s 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. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., “Disaster Relief Applications,” shall complete FIND Form No. 25-15 91-25F Emergency Re-Construction (effective date xx-xx-xx 4-24-06, 1/2014).

(10) No change.

Rulemaking 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, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14, xx-xx-xx.

 

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 applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) through (3) No change.

(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions:

(a) The District shall fund a maximum of up to $20,000 $10,000 per project, not to exceed $60,000 $30,000 per County, per fiscal year.

(b) through (c) No change.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 7-30-02, Amended 4-24-06, 3-7-11, 3-25-21, 3-11-24, xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Kelley

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Spencer Crowley, Chairman Florida Inland Navigation District Board of Commissioners

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2024