To reflect changes in federal regulations for relocation assistance payments provided to persons relocated as a result of a transportation project.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-66.007Relocation Assistance Program

PURPOSE AND EFFECT: To reflect changes in federal regulations for relocation assistance payments provided to persons relocated as a result of a transportation project.

SUMMARY: Rental assistance payments, business reestablishment benefits, and business moving expenses are increased. Minimum tenancy requirements have decreased from 180 days to 90 days. Unnecessary definitions have been removed and the form for replacement housing payment has been updated.

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 changes increase benefits to individuals and businesses.

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: 334.044(2); 339.09(2) FS.

LAW IMPLEMENTED: 339.09(2), (3), 421.55 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, Assistance General Counsel, Department of Transportation, 605 Suwannee Street, Tallahassee, FL 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-66.007 Relocation Assistance Program.

Pursuant to Sections 339.09(2) and (3) and 421.55, F.S., the Department may expend transportation tax revenues on federal and non-federal-aid projects which shall include relocation assistance and moving costs to persons displaced by transportation facilities or other related projects.

(1) The purpose of this rule is to govern the provision of relocation services, moving costs, replacement housing costs, and other related expenses and to ensure that each person displaced as a direct result of a transportation project is treated fairly, consistently, and equitably, so that such person will not suffer disproportionate injury as a result of projects designed for the benefit of the public as a whole, and to ensure that the Department implements these regulations in a manner that is efficient and cost effective. This rule shall apply to all persons displaced by any applicable transportation project on which negotiations for right-of-way acquisition begin after the effective date of this rule. The provisions of 49 C.F.R. Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs (effective October 1, 2014 2006), as modified herein, are incorporated into this rule by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05429 and available at www.fhwa.dot.gov/real-estate/uniform_act. The Department shall require, as a condition of financial participation, that the requirements of this rule be met by the administering Agency on transportation projects or project phases:

(a) through (d) No change.

(2) No change.

(3) Definitions. The following definitions, as well as those stated in 49 C.F.R. Part 24, Subpart A, shall apply as used in the context of this rule:

(a) through (c) No change.

(d) “Direct Loss Payment” shall mean a remuneration made to displaced persons for personal property that cannot be moved or which the displaced person chooses not to move.

(e) “Displaced Person” or “Person” shall mean anyone who  pursuant to this rule, moves from the real property or moves his or her personal property from the real property as defined in 49 C.F.R. 24.2 and is used interchangeably with “displacee” and “relocatee.” Displaced person shall include an individual, partnership, corporation, association or other entity.

(d)(f) “Displacement Dwelling” or “Acquired Dwelling” shall mean the dwelling from which a displaced person is required to move due to a transportation project.

(g) “Displacement Site” shall mean, for purposes of a non-residential fixed payment, the parent tract on which the business is operating.

(e)(h) “Domicile” shall mean the place where a person has his or her true, fixed, permanent home and principal establishment and to which he or she has, when absent, the intention of returning.

(i) “Federalized Project” shall mean any project with federal participation in any project phase.

(j) “Gross Household Income” shall mean total income received for a 12 month period from sources (earned and unearned) including, such as salaries, wages, child support, alimony, unemployment benefits, workers’ compensation, social security, or the net income from business. It does not include income received or earned by dependent children and full time students under 18 years of age.

(k) “Initiation of Negotiations” shall mean the date the initial written offer of just compensation is delivered by the Agency to the owner or representative of the owner to purchase real property for a project.

(l) “Major Exterior Attribute” shall mean any major appurtenant structure exterior to a residential dwelling, or an aesthetically valuable view which substantially contributes to the quality or standard of living of the displaced person(s).

(m) “Market/Economic Rent” shall mean the Agency’s determination of the reasonable income expectancy of a dwelling or other property if it were available for rent, and the rent justifiably payable for the right of occupancy of land or improvements.

(f)(n) “Personal Property” shall mean, moveable items not permanently affixed to and a part of the real estate, which typically can be removed without serious injury either to the real estate or to the items themselves.

(o) “Post-Move Inventory” shall mean a list of personal property actually moved to the replacement site as a part of a relocation. Such list is prepared by the displaced person or the Agency after the move is completed and is confirmed as correct by the Agency’s representative and the displaced person(s).

(p) “Pre-Move Inventory” shall mean a list of items to be included in a move. Such list is prepared prior to the move and confirmed by the displaced person(s).

(q) “Typical Homesite Determination” shall mean replacement housing payment computation purposes, of the portion of a tract of land which is typical for residential use in the area.

(4) Advisory Services. The Agency will provide relocation advisory services in accordance with 49 C.F.R. Part 24 .205.

(5) Written Notices. The following written notices will be furnished to each displaced person to provide information regarding the benefits and services available to him or her:

(a) A General Information notice shall be furnished to each displaced person as required in 49 C.F.R. Part 24, Subpart C.

(b) A 90-Day Notice will be furnished to each displaced person in accordance with as delineated in 49 C.F.R. Part 24, Subpart C.

(c) through (d) No change.

3. A statement of the occupancy requirement necessary for obtaining the full amount of the payment.

(6) No change.

(7) Moving and Related Expenses.  Any displaced person is entitled to payment of his or her actual moving and related expenses, as the Agency determines to be reasonable and necessary, as outlined in 49 C.F.R. Part 24, subject to the following provisions:

(a) through (j) No change.

(k) A business may be eligible to choose a fixed payment in-lieu of payment for actual moving and related expenses, and actual reasonable reestablishment expenses, as provided by 49 C.F.R. Part 24 .301 and 24.304. The displaced business is eligible for a fixed payment if the Agency determines that the business meets all qualifying criteria under 49 C.F.R. Part 24 .305(a) and (b).

(l) No change.

(8) Replacement Housing Payments. Persons displaced from a dwelling acquired for a transportation project are eligible for replacement housing payments in accordance with the payments delineated in 49 C.F.R. Part 24 , Subpart E.

(a) A displaced person is eligible for the replacement housing payment for a 90 180-day homeowner-occupant in accordance with criteria of 49 C.F.R. Part 24 , Subpart E.

(b) No change.

(c) Displaced persons are not required to relocate to the same occupancy status (owner or tenant) as existing prior to acquisition, and may choose payment benefits for an alternate occupancy status, if eligible:

1. At the displaced person’s request, a dwelling which changes the occupancy status of the displaced person(s) shall be provided, if such a dwelling is available and can be provided more economically.

2. The total rental assistance payment to a 90 180-day owner (a person who has owned and occupied the residence for at least 90 180 days prior to the Agency making an offer to purchase it) is determined by calculating the difference between the market rent and average monthly utilities costs for the acquired dwelling and the actual rent and estimated monthly utilities costs of a comparable rental dwelling available on the market, multiplied by 42 months. Under no circumstances would the rental assistance payment exceed the amount that could have been received if the 90 180-day owner remained under an ownership status.

(d) through (f) No change.

(g)  A 90-day tenant or owner-occupant (persons who own or rent and occupy a dwelling as a domicile for at least 90 days prior to the Agency making an offer to purchase it) displaced from a dwelling is entitled to a rental assistance replacement housing payment as outlined in 49 C.F.R. Part 24, Subpart E.

(h) Any displaced person eligible for a rental assistance payment, except a 90 180-day owner occupant, may choose to use that payment as a down payment supplement, including incidental expenses, to purchase a replacement dwelling, subject to the following:

1. The full amount of the replacement housing payment for down-payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.

2. If the actual required down payment, plus incidental expenses, exceeds the amount of rental assistance eligibility calculated and is no more than $7,200 $5,250, the payment will be increased to $7,200 $5,250.

3. If the required down payment on the replacement dwelling exceeds $7,200 $5,250 and the rental assistance payment allowable does not exceed $7,200 $5,250, the down payment supplement shall be limited to $7,200 $5,250. If the rental assistance payment allowable exceeds $7,200 $5,250, the full amount of the rental assistance payment shall be used as the down payment supplement under the provisions of Last Resort Housing as outlined in 49 C.F.R. Part 24.

4. The full amount of the down payment assistance payment shall be applied to the purchase price of the replacement dwelling and related incidental expenses and shall be shown on an executed closing statement or similar documentation for the replacement dwelling.

5. The payment to a 90-day owner-occupant shall not exceed the amount the owner would receive as a purchase additive if he or she met the 180-day occupancy requirement.

(i) 90-day occupants are eligible to receive rental assistance payments as outlined in 49 C.F.R. Part 24, Subpart E.

(j) Displaced persons who are less than 90-day occupants are entitled to a replacement housing payment as outlined in 49 C.F.R. Part 24, Subpart E. Additionally, to be eligible for a replacement housing payment, displaced persons who are less than 90-day occupants must be in occupancy at the time the Agency obtains title to the property. The displaced person will be allowed to relocate prior to the Agency taking title to the property if the Agency determines that continued occupancy would be a danger to the health, safety, and welfare of the displaced person, or if the Agency determines that replacement housing is scarce and may not be available at the time the Agency obtains title to the property.

(9) Mobile Homes. Under 49 C.F.R. Part 24, Subpart F, the term “acquired” refers to a mobile home on an acquired parcel that is either acquired as part of the real property and is included in the Agency’s acquisition of the fee parcel or is purchased as personal property and not included in the acquisition of the fee parcel.

(a) through (d) No change.

(e) If a mobile home owner-occupant retains and re-occupies a mobile home which is not decent, safe, and sanitary, the costs necessary to bring it up to decent, safe, and sanitary standards may be claimed from the available price differential or down payment supplement. The amount claimed may not exceed the amount allowed in the replacement housing payment computation. The Agency will not disburse a payment until the mobile home meets decent, safe, and sanitary requirements set forth in 49 C.F.R., Part 24 .2(a)(8) or applicable local housing standards.

(f) No change.

(10) Claim Filing and Documentation. Each relocation payment claim shall be accompanied by complete documentation supporting expenses incurred, such as bills, receipts, and appraisals. The Agency shall provide assistance to a ensure that each displaced person as receives reasonable assistance necessary to complete and file any required claim for payment.

(a) through (g) No change.

(h) If a condemnation suit has been filed, prior to receiving a replacement housing payment, the displaced person(s) must agree to a condemnation clause that has been incorporated into Department Form 575-040-14, Application and Claim for Replacement Housing Payment, Rev. 10/14 08/05, incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05428. Copies of Form 575-040-14 are and available at http://www2.dot.state.fl.us/proceduraldocuments/forms/forms.asp.

1. through 2. No change.

(i) No change.

Rulemaking Authority 334.044(2), 339.09(2) FS. Law Implemented 339.09(2), (3), 421.55 FS. History–New 8-9-72, Formerly 14-66.07, Amended 11-24-92, 12-7-00, 4-17-07,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Knight, Manager, Relocation Assistance and Land Title

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 6, 2015