General Requirements and Eligibility Standards., Application Review., Project Evaluation Criteria., Grant Contracts, Title, Acquisition Procedures, Lease Agreements and Transfer of Title.  

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    DEPARTMENT OF COMMUNITY AFFAIRS
    Florida Communities Trust

    RULE NO: RULE TITLE
    9K-9.003: General Requirements and Eligibility Standards.
    9K-9.005: Application Review.
    9K-9.006: Project Evaluation Criteria.
    9K-9.008: Grant Contracts
    9K-9.011: Title, Acquisition Procedures, Lease Agreements and Transfer of Title.

    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. 34, No. 36, September 5, 2008 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) Application Form. Stan Mayfield Working Waterfronts Grant Application Form, form number SMWW-1(eff. ?-??-08), hereinafter Application Form SMWW-1, is prescribed for use with these rules and is incorporated by reference. Applications for funding must be submitted on Application Form 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 (850)922-2207.

    (2) through (4) No change.

    (5) Working Waterfront Activities. Business activities performed on a project site acquired under this program must derive their primary source of income from services supporting the commercial harvesting of wild or aquacultured marine organisms. Nothing in this rule shall be construed to relieve the Applicant from obtaining proper authorization from the Board of Trustees of Internal Improvement Trust Fund for any structures located on sovereign lands constructed with funds provided by the Florida Communities Trust. Any new structure to be located on sovereignty-submerged lands shall comply with the criteria set forth in Chapter 18-21, F.A.C. including but not limited to the requirement that the structure(s) be water dependent.

    (6) through (9) No change.

    Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New_________.

     

    9K-9.005 Application Review.

    (1) Applications received by the Application deadline shall be reviewed and evaluated by Trust staff based on the materials submitted. Eligible Applicants will be notified of the timely receipt and status of their Application(s) via standard mail. Ineligible Applicants shall be notified via certified mail.

    (2) through (3) No change.

    Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

     

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

    (c) The Project Site has sustained significant hurricane damage in the past 5 years such that operating capacity was reduced or normal operations were interrupted for a period of not less than two weeks (5 points).

    (3) through (4)(c) No change.

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

    (5) through (6) No change.

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

     

    9K-9.008 Grant Contracts.

    (1) The established time frame for funding approval shall be for a period not to exceed 12 months. Approval shall be evidenced by a fully executed Grant Contract between the Trust and the Recipient. When the established time frame has expired, the project shall be terminated and funds committed to the project shall then be committed to other approved Applications. The Trust shall may extend the Grant Contract beyond the established time frame if significant progress is being made toward the acquisition of the project site or if extenuating circumstances beyond the control of the Applicant warrant an extension of time.

    (2) through (4) No change.

    Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.

     

    9K-9.011 Title, Acquisition Procedures, Lease Agreements and Transfer of Title.

    This rule chapter and Chapter 9K-10, F.A.C., shall govern in all matters of title, acquisition procedures, lease agreements and transfer of title for lands acquired pursuant to this rule chapter.

    Specific Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New__________.