The purpose of the proposed rule development is to include the following provisions in the program rule: Ensure consistency within the rule and Chapter 374, F.S., and define terms for land acquisition eligibility, clarify public navigation ...  


  • RULE NO.: RULE TITLE:
    66B-2.004: Policy
    66B-2.005: Funds Allocation
    66B-2.008: Project Eligibility
    PURPOSE AND EFFECT: The purpose of the proposed rule development is to include the following provisions in the program rule: Ensure consistency within the rule and Chapter 374, F.S., and define terms for land acquisition eligibility, clarify public navigation eligibility, add marine fire-fighting vessel eligibility, clarify accounting for fees, and determine environmental restoration parameters.
    The effect of the rule development is to implement changes in the administration of the District’s Assistance Programs that will assist the District and program applicants in the review and evaluation of applications submitted pursuant to the rule.
    SUMMARY: Minor changes to Waterways Assistance Program rule sections: Policy, Funds Allocation, and Project Eligibility.
    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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: January 10, 2012, 11:00 a.m.
    PLACE: District Office, 1314 Marcinski Road, Jupiter, Florida
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Mark Crosley, Assistant Executive Director, telephone number: (561)627-3386. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Crosley, Assistant Executive Director, Florida Inland Navigation District, 1314 Marcinski Road, Jupiter, Florida 33477, telephone Number: (561)627-3386

    THE FULL TEXT OF THE PROPOSED RULE IS:

    66B-2.004 Policy.

    The following constitutes the policy of the District regarding the administration of the program:

    (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows:

    (a) through (b) No change.

    (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, inlet channel maintenance, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects.

    (d) No change.

    (2) through (10) No change.

    (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project’s enterprise fund will be submitted as part of any subsequent assistance program application to the District demonstrate that the facility will utilize 50% or greater of the collected funds for project maintenance, and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable.

    Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History–New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11,________.

     

    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. 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. 91-25 and 91-25 (a) through (f) Waterways Assistance Program Application Evaluation and Rating Worksheet (effective date 4-24-06); and 93-25 and 93-25 (a), (b) and (c) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Worksheet (effective date 4-24-06), hereby incorporated by reference and available from the District office.

    (1) through (4) No change.

    (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port’s activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties.

    (5)(6) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects:

    (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation.

    (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S.

    (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right-of-Way (ROW), or provide public navigation channel access to two or more public accessible launching, mooring or docking facilities. In addition, the following shall apply:

    (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project.

    (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels.

    All other public navigation projects or project elements must have a minimum of one facility open to the public and will only qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use.

    (7)(6) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding.

    (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port’s activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties.

    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,__________.

     

    66B-2.008 Project Eligibility.

    (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment.

    (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application.

    1. Public navigation channel dredging;

    2. Public navigation aids and markers;

    3. Inlet management projects that are a benefit to public navigation in the District;

    4. Public shoreline stabilization directly benefiting the District’s waterway channels;

    5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access;

    6. Waterway signs and buoys for safety, regulation or information;

    7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities;

    8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities;

    9. Derelict Vessel Removal;

    10. Waterways related environmental education programs and facilities;

    11. Public fishing and viewing piers;

    12. Public waterfront parks and boardwalks and associated improvements;

    13. Maritime Management Planning;

    14.13. Waterways boating safety programs and equipment;

    15.14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and

    16. Environmental restoration, enhancement or mitigation projects and

    17. Other waterway related projects.

    (b) through (c) No change.

    2. Marine fire-fighting vessels are eligible for a maximum of $60,000 in initial District funding. Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant.

    3. No change.

    (d) No change.

    (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Program funds to public marina projects shall not be utilized for replacement of the facilities if revenues generated by the facility are not allocated to the operation, maintenance and improvement of the public marina facility. Public marinas operating under an enterprise fund shall not be subject to in accordance with subsection 66B-2.004(11), F.A.C.

    (5) No change.

    (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to assign the mitigation credits to the District for that share of the project funded through the District’s Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible.

    (7)(6) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs.

    Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11,__________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Crosley, Assistant Executive Director
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David Roach, Executive Director
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2012
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011, Vol. 37, No. 42

Document Information

Comments Open:
12/30/2011
Summary:
Minor changes to Waterways Assistance Program rule sections: Policy, Funds Allocation, and Project Eligibility.
Purpose:
The purpose of the proposed rule development is to include the following provisions in the program rule: Ensure consistency within the rule and Chapter 374, F.S., and define terms for land acquisition eligibility, clarify public navigation eligibility, add marine fire-fighting vessel eligibility, clarify accounting for fees, and determine environmental restoration parameters. The effect of the rule development is to implement changes in the administration of the District’s Assistance Programs ...
Rulemaking Authority:
374.976(2) FS.
Law:
374.976(1)-(3) FS.
Contact:
Mark Crosley, Assistant Executive Director, Florida Inland Navigation District, 1314 Marcinski Road, Jupiter, Florida 33477, telephone Number: (561)627-3386
Related Rules: (3)
66B-2.004. Policy
66B-2.005. Funds Allocation
66B-2.008. Project Eligibility