The proposed rule amendment is being promulgated to implement changes in the administration of the District's Waterways Assistance Program. This makes minor changes to the Waterways Assistance program rule sections: Project ....

 

NAVIGATION DISTRICTS

Florida Inland Navigation District

RULE NOS.:RULE TITLES:

66B-2.008Project Eligibility

66B-2.014Small-Scale Spoil Island Restoration and Enhancement Projects

66B-2.015Small-Scale Derelict Vessel Removal Projects

PURPOSE AND EFFECT: The proposed rule amendment is being promulgated to implement changes in the administration of the District's Waterways Assistance Program. This makes minor changes to the Waterways Assistance program rule sections: Project Eligibility, Small-Scale Spoil Island Enhancement Projects, and Small-Scale Derelict Vessel projects and increases potential funding for law enforcement vessels, derelict vessel removal, and spoil island restoration and enhancement projects. In-kind construction cost labor for spoil island restoration projects will be valued at Independent Sector estimated value of each volunteer hour and funding will also be provided for trash removal management, and sign installation.

SUMMARY: The amendments being proposed at this time will increase potential funding for law enforcement vessels, derelict vessel removal, and spoil island restoration and enhancement projects. In-kind construction cost labor for spoil island restoration projects will now be valued at Independent Sector estimated value of each volunteer hour and funding will also be provided for trash removal and management, and sign installation.

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: 1) No requirement for a SERC was triggered under Section 120.541(1), F.S. and 2) Based upon the nature of the rule, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S. It is anticipated that the proposed rule will not have any negative economic impact. 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.

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: 374.976(2)FS.

LAW IMPLEMENTED: 374.976(1)-(3)FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 10, 2024, 10:00am

PLACE: 600 County Hwy 707, Unit C, Jupiter, FL 33469-3516

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Kelley, Deputy Director, Florida Inland Navigation District, 600 County Hwy 707, Unit C, Jupiter, FL 33469-3516 Telephone Number (561)561-627-3386 Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

66B-2.008 Project Eligibility.

(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment.

(a) through (b) No Change

(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list:

1. No Change.

2. Marine fire-fighting, Marine law enforcement and other vessels are eligible for a maximum of $125,000 $100,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant.

3. No change.

(d) No change.

(2) through (7) No change.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 3-25-21, 3-9-23.

 

66B-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects.

Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District’s waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) through (3) No change.

(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions:

(a) The District shall fund a maximum of up to $10,000 $7,500 per project, not to exceed $30,000 $22,500 per County, per fiscal year.

(b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will be valued at the Independent Sector estimated national value of each volunteer hour not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs.

(c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, trash removal and management, sign installation, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 7-30-02, Amended 4-24-06, 3-7-11, 3-25-21.

 

66B-2.015 Small-Scale Derelict Vessel Removal Projects.

Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District’s waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) through (3) No changes.

(4) District funding shall be limited to $150,000 $75,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C.

(5) through (11) No changes.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 3-25-21, 3-9-23.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Kelley, Deputy Director, Florida Inland Navigation District, 600 County Hwy 707, Unit C, Jupiter, FL 33469-3516 Telephone Number (561)561-627-3386 Email: [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Inland Navigation District Board of Commissioners

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 08, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/30/23