RULE NO.:RULE TITLE:
14-66.007Relocation Assistance Program
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 88, May 6, 2015 issue of the Florida Administrative Register.
Section (7) of Rule 14-66.007 is amended to read:
(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) In a residential or non-residential self-move, if the Agency questions the reasonableness of a moving expense, the Agency shall obtain an estimate of customary charges for the appropriate moving activity. If the estimate obtained by the agency is substantially less than the charges submitted by the displaced person, for the same activity, the Agency shall reimburse the lesser amount.
(b) When the cost of moving personal property from a residential or non-residential property is expected to exceed $10,000, at least two estimates of moving costs shall be obtained prior to beginning the move by the Agency or the displaced person(s) at the Agency’s discretion. A commercial mover shall not be authorized to begin a move until such estimates have been obtained. The amount of the payment is limited to the lower of the two estimates. When a move is expected to cost less than $10,000, a single move estimate prepared by a commercial mover or an Agency employee shall be sufficient at the Agency’s discretion.
(c) 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) All pollutants or contaminants, as defined in Chapters 376 and 403, F.S., which are not hazardous wastes, shall not be abandoned and shall be disposed of or moved to the replacement site by the displaced person owner/operator in accordance with 49 C.F.R. and Chapters 376 and 403, F.S.
1.through 2. No change.
Subsection (10)(h) of Rule 14-66.007, is amended to read:
(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. 5/15 08/05, incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05462 . 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.
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,___________.
