The rule is proposed to provide criteria for seaport security grant funding in accordance with Section 311.12(6), Florida Statutes.

 

DEPARTMENT OF TRANSPORTATION

Florida Seaport Transportation and Economic Development Council

RULE NO.:RULE TITLE:

14B-1.008Seaport Security Grant Program

PURPOSE AND EFFECT: The rule is proposed to provide criteria for seaport security grant funding in accordance with Section 311.12(6), Florida Statutes.

SUMMARY: The rule establishes the application and review process for seaport security grant funding.

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 provides for funding without an application fee or other 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: 311.12(6), FS.

LAW IMPLEMENTED: 311.12, 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:

 

14B-1.008 Seaport Security Grant Program

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

(2) Grant request submissions shall be accepted only from a  port listed in Section 311.09(1), F.S.. The port shall apply for the grant by submitting a formal written statement on port letterhead to the Chairman of the Florida Seaport Transportation and Economic Development Council, signed by the authorized representative of the port. The statement must provide the following information:

(a) A description of the proposed security enhancements. Security plans are confidential in accordance with Section 119.07(3), Florida Statutes, and will not be copied as part of the application process.

(b) An explanation of how the security enhancements will improve the port’s ability to screen cargo and/or passengers and notify local, state, and federal law enforcement of potential security risks. 

(c) An itemized listing of costs associated with the proposed security enhancements.

(d) A commitment to provide a minimum of 25% of the total cost of the security enhancement project and identification of the source of those funds.

(3) The Seaport Security Advisory Committee will review all submissions from qualified ports complete applications and make recommendations to the Council for grant approvals based on the following:

(a) The project assists in the implementation of security plans and security measures at the port;

(b) The project is expected to enhance communication with local, state, and federal law enforcement;

(c) The project is expected to increase efficiency in the screening of cargo and or passengers;

(d) The applicant has secured matching funds of at least 25% of the total cost of the project.

(4) Recommendations of the Seaport Security Advisory Committee will be provided to the Council.  The Council shall prioritize and allocate funding to seaports for approved projects at the Council meeting.  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 security project.

Rulemaking Authority 311.12(6) FS. Law Implemented 311.12 FS. History–New                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Rubin, Assistant Secretary

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 24, 2016