To implement rules to govern the Stan Mayfield Working Waterfronts Program.

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

RULE NO: RULE TITLE
9K-9.002: Definitions.
9K-9.003: General Requirements and Eligibility Standards.
9K-9.004: Submission of Application and Application Materials.
9K-9.006: Project Evaluation Criteria.
9K-9.007: Ranking and Selection of Applicants.
PURPOSE AND EFFECT: To implement rules to govern the Stan Mayfield Working Waterfronts Program.
SUMMARY: These rules govern the grant application procedures and process for the Stan Mayfield Working Waterfronts program that was created during the 2008 legislative session pursuant to Section 380.5105, Florida Statutes. This rule chapter implements Chapter 2008-229, Laws of Florida, which created Sections 380.503 and 380.5105, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 380.507(11), 380.5105(2) FS.
LAW IMPLEMENTED: 259.105, 380.5105 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 15, 2009, 9:00 a.m. – Noon, or until business is concluded, whichever occurs first
PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399
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 7 days before the workshop/meeting by contacting: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]. 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: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

9K-9.002 Definitions.

(1) through (4) No change.

(5) “Business Summary” means information that describes an organization's status and future goals. It generally projects the vision and future opportunities for the organization and outlines the operations, expected needs, finances and organizational strategies that will enable the organization to achieve its goals. The information required for a Business Summary is specified in Form SMWW-2 SMWW-1.

(6) through (15) No change.

(16) “Nonprofit Working Waterfront Organization” means a private Nonprofit Working Waterfront Organization, existing under the provisions of Section 501(c)(3) of the United States Internal Revenue Code that can demonstrate that the support of Working Waterfront as defined in Section 380.503(18)(a) and (b), F.S., are among its principal purposes and goals.

(17) No change.

(18) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Florida Forever Funds are proposed in an Application to be used for all or a portion of the Acquisition. The Project Site may include up to three (3) ownerships. The Project Site may include non-contiguous parcels, so long as the non-contiguous areas are part of a unified scheme of development and management within the same Working Waterfront and within 300 feet of each other sufficiently close that the unified scheme can be maintained.

(19) through (26) No change.

Rulemaking Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended______.

 

9K-9.003 General Requirements and Eligibility Standards.

The following constitutes the general procedures for the Stan Mayfield Working Waterfront Florida Forever grant program of the Florida Communities Trust.

(1) Application Form. Application Form SMWW-2 SMWW-1 (eff. _______11-25-08) is prescribed for use with these rules and is incorporated by reference. Applications for funding must be submitted on Application Form SMWW-2 SMWW-1. Applicants may only submit one Application Form per Project Site. A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, or by calling [phone].

(2) through (3) No change.

(4) Nonprofit Working Waterfront Organizations. In all acquisitions by a Nonprofit Working Waterfront Organization, a guaranty or pledge by a Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Nonprofit Working Waterfront Organization is unable to continue to manage the Project Site shall be obtained.

In addition, when acquiring a less-than-fee interest in the Project Site, the Nonprofit Working Waterfront Organization must provide assurance that they have the capacity to monitor and enforce the easement conditions. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the less-than-fee interest.

Or, if the Nonprofit Working Waterfront Organization is acquiring a fee-simple interest in the Project Site, the Nonprofit Working Waterfront Organization must provide assurance that they have the capacity to manage the Project Site. Such assurance shall be in the form of an endowment equal to five ten percent of the appraised value of the fee interest and a capital fund equal to five percent of the appraised value of the fee interest.

(5) No change.

(6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Applicant(s) under any Application(s) for any project(s) shall not exceed five million dollars ($5,000,000.00) during any one cycle or the amount appropriated by the Legislature if the appropriated amount is less than five million dollars ($5,000,000.00) the amount annually appropriated and accumulated for this program during any fiscal year.

(7) through (9) No change.

(10) Submerged Land Leases:

(a) Applicant: Each Applicant must provide documentation by the Application deadline that any Applicant owned facility or structure located over state sovereignty submerged lands is properly authorized and that any applicable fees and wetslip certification forms are current. The documentation must be in the form of a letter from the Department of Environmental Protection stating that all Applicant owned facilities or structures located over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV and 403, Florida Statutes and the submerged land lease and applicable fees and wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the Department of Environmental Protection to secure this documentation. This documentation must be submitted by the Application deadline, otherwise the project will not be considered by the Trust.

(b) Project Site: Each Applicant must provide a letter from the Department of Environmental Protection that verifies any facilities or structures located on the Project Site that are over state sovereignty submerged lands are properly authorized and that any applicable fees and wetslip certification forms are current or a statement from the Department of Environmental Protection that the facilities or structures are not located on state sovereignty submerged land. The documentation must be in the form of a letter from the Department of Environmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373, Part IV and 403, Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the Department of Environmental Protection to secure this documentation. This documentation must be submitted to the Trust no later than 48 hours before the FCT Governing Board meeting, otherwise the project will not be considered by the Trust.

(11) Zoning Compliance. Each Applicant must submit a letter from the local planning department that verifies the proposed uses on the Project Site are consistent with the future land use designation and local zoning regulations.

Rulemaking Specific Authority 380.507(11), 380.5105(2). FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended ________.

 

9K-9.004 Submission of Application and Application Materials.

(1) through (3) No change.

(4) Applicants must submit four (4) three (3) complete sets of Application materials. One set shall contain original text and non-text items. The remaining three two sets shall contain legible copies of text and non-text items, unless otherwise specified in the Application form.

(5) No change.

(6) All applications must be submitted on Application Form SMWW-2 SMWW-1.

(7) A Business Summary that provides information on the applicable criteria outlined in the Business Summary section of Form SMWW-2 SMWW-1 must be provided by the Applicant. Except in the case of a local government proposal to acquire fee simple interest in the Project Site for a public use. Applications submitted without the required Business Summary will not be considered by the Trust for recommendation to the Board of Trustees. Applications containing a Business Summary that is deemed insufficient by the Trust will not be considered by the Board of Trustees. The Business Summary and other relevant information shall be the basis for the Management Plan that will guide the management and operation of funded projects.

(8) The following exhibits shall be provided:

(a) through (h) No change.

(i) The Applicant must provide a letter from the Department of Environmental Protection that verifies any facilities or structures owned by the Applicant that are located over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV and 403, Florida Statutes and the submerged land lease and applicable fees and wetslip certification forms are current or that the structures are not located on state sovereignty submerged land. This letter must accompany the Application.

(j) The Applicant must provide a letter from the Department of Environmental Protection that verifies any facilities or structures located on the Project Site that are over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV and 403, Florida Statutes and the submerged land lease and applicable fees and wetslip certification forms are current or that the structures are not located on state sovereignty submerged land. This letter can be submitted no later than 48 hours before the FCT Governing Board meeting.

(k) A letter from the local planning department that verifies the proposed uses of the Project Site are in compliance with the future land use designation and local zoning regulations.

Rulemaking Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended ________.

 

9K-9.006 Project Evaluation Criteria.

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and the information in Application Form SMWW-2 SMWW-1. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application, including information obtained during site visits, in drafting an evaluation report and developing a ranking report to present to the Governing Board. At a publicly noticed meeting, the Governing Board will evaluate the reports and approve the recommended ranking report that will be presented to the Board of Trustees.

The Business Summary shall be evaluated for sufficiency based on information provided in Application Form SMWW-2 SMWW-1. Staff from the Department of Agriculture and Consumer Services, and other state agencies as deemed necessary by the Trust, shall review each Business Summary and provide comments to the Trust. Trust staff shall prepare a recommended Business Summary sufficiency determination that takes into consideration comments received from the Department of Agriculture and Consumer Services and other agencies for consideration by the Governing Board. Applications containing a Business Summary deemed insufficient by the Trust will not be considered by the Board of Trustees.

An Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.

Points shall be awarded when the following criteria are met:

(1) Location

(a) No change.

(b) The Project Site is adjacent to or within 2,000 feet of and tidally connected to state-owned submerged lands designated as an aquatic preserve identified in Section 258.39, F.S., National Marine Sanctuary or National Estuarine Research Reserve (10 points);

(c) The Project Site is located within a municipality with a population less than 30,000 or in an unincorporated area of the county with a population in the unincorporated area that is less than 40,000 (10 points);

(d) The Project Site is within an area designated as an active “Waterfronts Florida Partnership Community” (9 points);

(e) No change.

(f) The Project Site is within an area designated as a “Rural Area of Critical Economic Concern” or “Area of Critical State Concern” (points only given on one category) (4 points).

(2) Economic Consideration

(a) through (c) No change.

(d) The grant award amount requested is within the following thresholds (Points will be awarded on only one of the following criteria):

1. The Applicant is requesting a grant award amount that does not exceed $1,500,000.00 (8 points);

2. The Applicant is requesting a grant award amount that does not exceed $2,500,000.00 (4 points);

3. The Applicant is requesting a grant award amount that does not exceed $3,500,000.00 (2 points).

FCT will not participate in project costs that exceed the grant award amount.

(3) Site Suitability/Readiness

(a) The Project Site will provide a docking facility for commercial fishing vessels (Points will be awarded on only one of the following criteria) The Project Site contains existing structures that can be used or require only minor improvements, for use as commercial saltwater fisheries or aquaculture operations (points may be awarded based on the following criteria):

1. The Project Site contains an existing docking facility that can be presently utilized for commercial saltwater fisheries or aquaculture operations (17 points) Docking facility for commercial fishing vessels (12 points);

2. The Project Site contains an existing docking facility that requires major restoration to be utilized for commercial saltwater fisheries or aquaculture operations and the applicant has committed to rebuild the docking facility (12 points) A Seafood House or other buildings to be used for Working Waterfront Business (10 points);

3. The Applicant has committed to construct a new docking facility on the Project Site for commercial fishing vessels or aquaculture operations (6 points) Boat ramp for commercial fishing vessels (8 points).;

4. Storage area for traps, nets, and other gear needed for commercial fishing or aquaculture operations (4 points);

(b) The Project Site will provide a Seafood House or other building to be used for Working Waterfront Business (Points will be awarded on only one of the following criteria): The Project Site has a submerged land lease from the Board of Trustees, Environmental Resource Permit, or Wetland Resource Permit for the existing or proposed docking facility (7 points);

1. The Project Site contains an existing Seafood House or other building that can be presently utilized for Working Waterfront Business (10 points);

2. The Project Site contains an existing Seafood House or other building that requires major restoration and the applicant has committed to rebuild the building to be utilized as a Working Waterfront Business (8 points);

3. The Applicant has committed to construct a new Seafood House or other buildings of at least 1,000 square feet on the Project Site to be used for Working Waterfronts Business (4 points).

(c) The Project Site will provide a structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system (Points will only be awarded on one of the following criteria): The Project Site has obtained all necessary permits from the local government for the existing or proposed uses on the uplands (7 points);

1. The Project Site contains an existing structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system, which can be presently utilized without major restoration (6 points);

2. The Project Site contains an existing structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system, that requires major restoration and the Applicant has committed to rebuild the existing boat ramp (4 points).

3. The Applicant has committed to construct a new boat launching facility on the Project Site that will be used for commercial fishing vessels (2 points).

(d) The Project Site contains an open area of at least 1/4 acre to be used for the storage of traps, nets, and other gear needed for commercial fishing or aquaculture operations (4 points) The proposed project will be acquired using a less-than-fee Working Waterfronts Covenant for all of the land to be acquired (5 points);

(e) The proposed project will be acquired using a less-than-fee Working Waterfront Covenant for all of the land to be acquired (5 points) The Project Site will participate in Florida’s Clean Marina Program (4 points).

(4) Financial Contribution

(a) through 2. No change.

(b) The applicant has committed to major restoration of an existing docking facility for commercial fishing vessels or to construct a new docking facility for commercial fishing vessels (8 points);

(c) The applicant has committed to major restoration of an existing Seafood House of other building used for working waterfront business or to construct a new Seafood House or other buildings of at least 1,000 square feet to be used for Working Waterfront Business (6 points);

(d) The applicant has committed to major restoration of an existing boat ramp or to construct a new boat ramp for commercial fishing vessels (4 points).

(5) Community Planning

(a) The project is located in a Future Land Use category, zoning district, or overlay district that has been identified for the protection and preservation of Working Waterfront (7 points) (5 points);

(b) The project furthers local government comprehensive plan objectives and policies directives that ensure the protection and preservation of Working Waterfront for use by commercial fisherman, aquaculturists, or business entities that support these industries (7 points) (5 points).;

(c) The project furthers local government comprehensive plan objectives and policies directives to provide facilities that promote and educate the public about the economic, cultural and historical heritage of Florida’s traditional Working Waterfront (3 points).

(6) Public Education

(a) through (b) No change.

(c) The Project Site will contain interpretive Interpretive kiosk(s) or signs(s) are provided that educate the public about the economic, cultural, or historic heritage of Florida’s traditional Working Waterfront (2 points).

Rulemaking Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended ________.

 

9K-9.007 Ranking of Applications.

(1) Prior to preparing the ranking report of projects, Trust staff shall conduct site visits as needed to verify the conditions represented by the Applicants in the SMWW-2 SMWW-1.

(2) through (3)(b) No change.

(c) Any Application that does not contain a Business Summary or an Application that contains an insufficient Business Summary will not be considered by the Trust for recommendation to the Board of Trustees.

(d) Any Applicant that does not provide documentation from the Department of Environmental Protection by the application deadline that all facilities or structures owned by the Applicant are fully compliant with Chapters 253, 258, 373, Part IV and 403, Florida Statutes, and the state sovereignty submerged leases and applicable fees or wetslip certification forms are current, or that the structures are not located on state sovereignty submerged land, will not be considered by the Trust for recommendation to the Board of Trustees.

(e) Any Applicant that does not provide documentation from the Department of Environmental Protection within 48 hours of the FCT Governing Board meeting that any facilities or structures located on the Project Site are fully compliant with Chapters 253, 258, 373, Part IV and 403, Florida Statutes, and the state sovereignty submerged leases and applicable fees or wetslip certification forms are current, or that the structures are not located on state sovereignty submerged land, will not be considered by the Trust for recommendation to the Board of Trustees.

(4) The Governing Board shall develop and approve a list of all Projects in rank order for consideration by the Board of Trustees. In the event of tied scores, the Governing Board shall rank the Applications in the order in which Applications were received prior to the Application Deadline. Each Applicant shall be provided with the recommended ranking list prior to the Board of Trustees’ meeting.

(5) through (7) No change.

Rulemaking Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Reecy, Community Program Manager, Department of Community Affairs, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary of Department of Community Affairs and Chair of the Florida Communities Trust Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 6, 2009