General Requirements and Eligibility Standards., Submission of Application and Application Materials., Project Evaluation Criteria., Ranking and Selection of Applicants.

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

RULE NO: RULE TITLE
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.

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. 35 No. 24, June 19, 2009 issue of the Florida Administrative Weekly.

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) through (9) No change.

(10) Submerged Lands Use Authorization 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 issuing agency 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, and 597, 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 issuing agency 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 issuing agency 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 issuing agency 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 issuing agency Department of Environmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV, and 403, and 597, 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 issuing agency 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) 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-9.004 Submission of Application and Application Materials.

(1) through (8)(h) No change.

(i) The Applicant must provide a letter from the issuing agency 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, and 597, 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 issuing agency 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, and 597, 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) 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-9.006 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 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. 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) through (3)(c)1. No change.

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 launch ramp (4 points).

3. through (6)(c) No change.

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

 

9K-9.007 Ranking of Applications.

(1) through (3)(c) No change.

(d) Any Applicant that does not provide documentation from the issuing agency 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, and 597, 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 issuing agency 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, and 597, 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) 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________.