To implement the provisions of Section 311.115, Florida Statutes by creating an administrative process to review and approve or disapprove applications for dredging grants.

Florida Seaport Transportation and Economic Development Council

RULE NO.: RULE TITLE:

14B-2 Small County Dredging Grant Program

PURPOSE AND EFFECT: To implement the provisions of Section 311.115, Florida Statutes by creating an administrative process to review and approve or disapprove applications for dredging grants.

SUMMARY:This rule implements the provisions of section 311.115, Florida Statutes by providing procedural and applicant requirements to seek and receive state funding for dredging projects located in small counties.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No regulatory costs on any parties are estimated with this proposed rule.

SPECIFIC AUTHORITY: 311.115, FS.

LAW IMPLEMENTED: 311.115, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE ADMINISTRATIVE WEEKLY. (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael L. Rubin, Assistant Secretary, Florida Seaport Transportation and Economic Development Council, 502 East Jefferson Street, Tallahassee, Florida 32301.

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14B-2.001 Definitions.

(1) “Council” means the Florida Seaport Transportation and Economic Development Council as defined in s. 311.09(1), F.S.

(2) “Dredging Project” means a project to dredge or deepen channels, turning basins, or harbors.

(3) “Eligible Costs” means costs that are specifically required to initiate or complete a dredging project. Examples of eligible costs include: dredging and dredging machinery costs, design and engineering, permitting costs, environmental mitigation, and other infrastructure costs associated with the dredging project.

(4) “Eligible Port” means a port authority, as defined in Section 315.02(2), F.S., in a county having a population of less than 300,000, according to the last official census, that complies with the permitting requirements in part IV of Chapter 373, F.S. and the local financial management and reporting provisions of part III of Chapter 218, F.S.

(5) “Matching Funds” means those funds provided by the eligible port from any source other than the Florida Department of Transportation which shall, at a minimum, be an amount equal to the program funds allocated to the eligible port for a dredging project..

(6) “Program Funds” means those funds appropriated specifically for small county dredging projects in the annual appropriations bill passed by the Legislature and approved by the Governor.

(7) “Project Review Group” means the review group designated by the Council to review applications. Such group must include the three state agency representatives from the Council: one voting representative from the Department of Transportation; one voting representative from the Department of Community Affairs; and one voting representative from the Governor’s Office of Tourism, Trade, and Economic Development. The Project Review Group shall also include two voting seaport representatives from the Council.

Specific Authority 311.22, FS. Law Implemented 311.22 FS. History–New _________.

 

14B-2.002 Port Project Funding Application Procedures and Requirements.

(1) An application shall be accepted only from an eligible port. The eligible port shall apply for the grant by either electronically submitting or mailing to the Council an application entitled “Small County Seaport Dredging Project Application”, Form FSTED- 2, hereby incorporated by reference, effective August, 2005 Applications shall be submitted by the authorized representative of such port.

(2) Applications must be submitted to the Council during the time period designated by the Project Review Group pursuant to section 14B-2.005 of these rules. Application forms are available via the following website: www.flaports.org, or by contacting the Florida Ports Council at their offices at 502 East Jefferson Street, Tallahassee, Florida, 32301 – [phone].

(3) The Project Review Group will have fifteen (15) days from the application submission deadline to examine the application and notify the applicant of any apparent errors or omissions and to request any needed additional information. The applicant shall then have fifteen (15) days from receipt of the request to provide the additional information. The application shall not be considered to be properly completed if the additional information is not provided.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New ________.

 

14B-2.003 Measuring Economic Benefits.

Each eligible and complete application shall be reviewed to determine the economic benefit of the dredging project measured by the potential for the proposed project to increase or maintain cargo flow, domestic and international commerce, port revenues, and the number of jobs for the port’s local community.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New __________.

 

14B-2.004 Determination of Funding; Project Review Group/Agency Review.

(1) The Project Review Group shall review and determine whether each application is complete and eligible for program funds within one hundred twenty (120) days of the application deadline. After such determination, the Project Review Group shall submit complete and eligible applications to the Secretary of Transportation; the Office of Tourism, Trade, and Economic Development; and the Secretary of Community Affairs for their review pursuant to this section.

(2)(a) Upon receipt of the applications and appropriate project information from the Project Review Group, the Department of Transportation, Department of Community Affairs, and the Office of Tourism, Trade, and Economic Development shall review the projects to determine whether there are any conflicts with state transportation and/or growth management plans, local approved local government comprehensive plans of the units of local government in which the port is located, or with any pertinent port master plan.

(b) The Office of Tourism, Trade, and Economic Development shall review the projects to evaluate the economic benefit of each project based upon the information required by Section 14B-2.003, F.A.C.

(c) Within forty-five (45) days from receipt of the applications, the Department of Transportation, Department of Community Affairs, and Office of Tourism, Trade and Economic Development shall notify the Council whether the projects are eligible for funding or ineligible due to a conflict or lack of economic benefit. Should additional information be requested from one or more applicants to evaluate conflicts or economic benefit, the time limit for the review and notice to the Project Review Group shall be extended fifteen (15) days following receipt of the requested information.

(3) The Council shall review the findings of the Department of Community Affairs, the Office of Tourism, Trade, and Economic Development, and the Department of Transportation, and cast a vote to approve or disapprove funding for projects found eligible and not in conflict by the above agencies. Projects found to be in conflict pursuant to subsections (2), (3), and/or lacking an economic benefit pursuant to subsection (4) shall not be eligible for program funds. If enough appropriated funds are available to provide program funds to all eligible projects, the Council shall recommend funding for all projects found eligible and not in conflict pursuant to this rule section. If an adequate amount of appropriated funds are not available, the Council shall prioritize appropriated funds to those projects providing the greatest economic benefit.

(4) The Council shall submit to the Department of Transportation a list of approved projects for funding. Additionally, the Council shall submit to the department a list of unfunded eligible projects that should receive additional program funds if such funds were made available in the next fiscal year.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New _________.

 

14B-2.005 Council Procedures.

(1) The Council shall allocate program funds for approved projects. A majority vote of the voting Council members present is sufficient to approve funding for a specific port dredging project and is sufficient for the Council to allocate funding for all approved projects. A majority vote of the voting Council members present is sufficient to disapprove funding for a specific port dredging project.

(2) Contingent upon the available appropriated funds, the Council shall publish in the Florida Administrative Weekly and any other appropriate publication method the period for submitting application for program funds. The Council shall ensure that the publication provides eligible ports with adequate notice to submit an applications. The application submission period must be for a period of not less than thirty (30) days. The Council may provide for more than one (1) application submission period in a fiscal year.

(3) Applicants whose dredging projects are not recommended for funding in any given year may reapply for subsequent funding consideration by the Council.

(4) The Council shall publish in the Florida Administrative Weekly, at least seven (7) days prior to Council meetings or workshops, notification of the time and place the Council will meet to discuss, review, and/or vote upon dredging projects. Such meetings or workshops shall be open to the public. At least seven (7) days prior to a meeting, the Council shall prepare and make available an agenda for distribution on request of any interested person.

(5) The Council may elect to provide an administrative staff, by contract or otherwise, to provide services to the Council on matters relating to the program and the Council.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New __________.

 

14B-2.006 Eligible Port Funding Requirements.

(1) Any project that receives funds pursuant to section 311.22, Florida Statutes, shall be subject to a final audit pursuant to Department of Transportation rules and regulations.

(2) Funds received by eligible ports shall be expended on eligible costs only. If program funds are not expended on eligible costs, then the port shall immediately reimburse the Council for its share of the ineligible expenditures.

(3) Eligible ports awarded program funds shall enter into a written Joint Participation Agreement (JPA) with the Department of Transportation. The Department of Transportation will reimburse the eligible port an amount equal to amount approved by the Council on an approved project. This reimbursement will be made upon receipt of an invoice showing total eligible costs incurred to date, less reimbursements received to date. These reimbursements will be made in compliance with the payment requirements set forth in s. 215.422, F.S. The final reimbursement to the port will be released upon the satisfactory completion of a final audit conducted by the Florida Department of Transportation.

(4) Eligible ports awarded program funds shall pay an administrative fee to the Council for the administration of the small county dredging program, based upon each recipient’s share of the funds. The administrative fee shall be paid in its total amount by the recipient port upon execution by the port and the Department of Transportation of a joint participation agreement. The Council shall vote on and set such fee at a properly noticed public hearing of the Council.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New ________.

 

14B-2.007 Reporting Requirements.

The eligible port shall enter into the Department of Transportation’s Joint Participation Agreement, as prescribed by the Department pursuant to s. 339.137, F.S., which sets forth the duties and obligations of the parties thereto regarding the expenditure and receipt of funds prior to any expenditure of state funds.

Specific Authority 311.22 FS. Law Implemented 311.22 FS. History–New _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael L. Rubin

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Nancy Leikauf

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2005.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 19, 2005.