Provide implementation guidelines for port project funding application procedures, agency reviews, Council procedures and port funding requirements.

 

DEPARTMENT OF TRANSPORTATION
Florida Seaport Transportation and Economic Development Council

RULE NO: RULE TITLE
14B-1.001: Definitions
14B-1.002: Port Project Funding Application Procedures and Requirements
14B-1.003: Measuring Economic Benefits
14B-1.004: Determination of Funding; Council/Agency Review
14B-1.005: Council Procedures
14B-1.006: Eligible Port Funding Requirements
14B-1.007: Reporting Requirements
PURPOSE, EFFECT AND SUMMARY: Provide implementation guidelines for port project funding application procedures, agency reviews, Council procedures and port funding requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 311.09(4) FS.
LAW IMPLEMENTED: 315.02, 320.20 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Toy Keller, Florida Ports Council, 502 E. Jefferson Street, Tallahassee, Florida 32301, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Toy Keller, Florida Ports Council, 502 E. Jefferson Street, Tallahassee, Florida 32301, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

14B-1.001 Definitions.

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

(2) “Program Funds” means those funds identified in Sections 311.07(2) and 320.20(3) and (4), F.S. “Trust Fund” means the Florida Seaport Transportation and Economic Development Trust Fund as provided in Section 311.07(2), F.S.

(3) “Eligible Port” means deepwater ports listed in Section 403.021(9)(b), F.S., which are governed by a public body, or any other deepwater port which is governed by a public body which complies with the water quality provisions of Section 403.061, F.S., the comprehensive master plan requirements of Section 163.3178(2)(k), F.S., the local financial management and reporting provisions of Part III of Chapter 218, F.S., and the auditing provisions of Section 11.45(3)(a)4., F.S.

(4) “Port Facilities or Port Transportation Projects” are those defined in Section 311.07(3)(b), F.S. means:

(a) Transportation facilities within the jurisdiction of the port; or

(b) The dredging or deepening of channels, turning basins, or harbors; or

(c) The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, automated people mover systems, or any facilities necessary or useful in connection with any of the foregoing; or

(d) The acquisition of container cranes or other mechanized equipment used in the movement of cargo or passengers in international commerce; or

(e) The acquisition of land to be used for port purposes; or

(f) The acquisition, improvement, enlargement, or extension of existing port facilities; or

(g) Environmental protection projects which are necessary because of requirements imposed by a state agency as a condition of a permit or other form of state approval; which are necessary for environmental mitigation required as a condition of a state, federal or local environmental permit; which are necessary for the acquisition of spoil disposal sites and improvement to existing and future spoil sites; defined in Section 376.22, F.S., or which result from the funding of eligible projects listed herein; or

(h) Transportation facilities as defined in Section 334.03(27), F.S., which are not otherwise part of the Department of Transportation’s adopted work program.

(i) Seaport intermodal access projects identified in the 5-year Florida Seaport Mission Plan as provided in Section 311.09(3), F.S.; or

(j) Construction or rehabilitation of port facilities as defined in Section 315.02, F.S., excluding any park or recreational facilities, in ports listed in Section 311.09(1), F.S., with operating revenues of $5 million or less, provided that such projects create economic development opportunities, capital improvements, and positive financial returns to such ports.

(5) “Port Master Plan” means a comprehensive master plan prepared by each eligible deepwater port listed in Section 403.021(9), F.S., which addresses existing port facilities and any proposed expansions and which adequately addresses the applicable requirements of Section 163.3178(2)(k), F.S., or other provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Part II of Chapter 163, F.S.

(6) “Florida Seaport Mission Plan” means the mission statement developed by the Council pursuant to Section 311.09(3), F.S. which defines the goals and objectives of the Council concerning the development of port facilities and an intermodal transportation system. The five year plan shall be updated annually and shall include specific recommendations for the construction of intermodal transportation projects which connect a port to another transportation mode and port transportation projects which enhance international commerce and provide economic benefits to the state.

(7) “Matching Funds” for an approved port transportation project other than seaport intermodal access projects means are those funds provided by a source other than the Florida Department of Transportation the eligible port which shall, at a minimum, be an amount equal to the program funds cash contribution provided by the Trust Fund to fund the approved project.

(a) Matching Funds for seaport intermodal access projects as described in Section 341.053, F.S., as identified in the Seaport Mission Plan shall be mutually determined by the Council and the Department of Transportation, provided a minimum of 25 percent of the total project funds shall come from any port, local, private, or specifically earmarked federal funds.

(b) Matching Funds for seaport intermodal access projects that involve the dredging or deepening of channels, turning basins, or harbors; or the rehabilitation of wharves, docks, or similar structures shall be a minimum of 25 percent of the total project funds coming from any port, federal, local, or private funds.

(8) “Approved Project” means a port transportation project which has been determined by the Department of Community Affairs to be consistent, to the maximum extent feasible, with the port master plan and an approved local government comprehensive plan and with the port master plan; determined by the Department of Transportation to be consistent with the policies and needs contained in the Florida Transportation Plan and, as appropriate, the Department of Transportation’s adopted work program; and determined by the Office or Tourism, Trade, and Economic Development Department of Commerce to be consistent with the Florida Seaport Mission Plan and to have an economic benefit to the state.

(9) “Eligible Costs” means costs expenses that may be incurred and paid by program funds from the Trust Fund. Eligible costs include: design and engineering, permitting costs, environmental mitigation, construction of the port transportation project, right-of-way acquisition, relocation of electrical utilities, drainage, railroad spurs, water lines, sewer lines, and other infrastructure costs associated with construction of the port transportation project,. and the acquisition of trade data information products. Eligible costs may include improvements or fixtures constructed or placed on leased property, however, the useful life of the improvements or fixtures shall be equal to or less than the length of the lease, or so long as the improvements or fixtures remain under the control and use of the ports after the termination of the lease. Costs associated with preparation of the application or administration of the project fund are not eligible costs.

(10) “Acquisition” means the securing of real or personal property by purchase, lease, gift, devise, grant, bequest, or eminent domain.

(11) “Trade Data Information Products” means products related to the purchase of information involving any or all of the following:

(a) Market intelligence;

(b) Economic activity;

(c) Economic and natural resources;

(d) Transportation infrastructure;

(e) Navigational and shipping issues;

(f) Environmental issues.

(12) “Major Change” means a deviation from an approved project that is reasonably expected to have any of the following impacts:

(a) Increases the program funds requested for an approved project;

(b) Increases the demand, reduces the capacity or changes the demand or capacity on internal roadways or rail lines by more than 5% of the original estimate;

(c) Leads to a new or substantially different type of facility or project, including any operational change or other changes that impact the reported level of service on any affected roadway; or

(d) Any land acquisition.

(13) “SeaCIP” is a secure, comprehensive capital improvement project and financial management database system designed for use by Council members. It allows for online application submission by seaports and online review and approval of seaport capital improvement projects by Council state agencies. As projects are funded by the Council and progress through the construction phase, the SeaCIP system accepts inputs regarding funds allotted and funds disbursed to the project creating a “real time” financial management tool.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.07, 311.09, 315.02, 320.20 FS. History–New 12-19-90, Amended________.

 

14B-1.002 Port Project Funding Application Procedures and Requirements.

(1) An application shall be accepted only from an eligible port. The port shall apply for the grant by submitting to the Council an Florida Seaport Transportation and Economic Development Project Aapplication entitled “SeaCIP – Seaport Grant Management System,” Florida Seaport Transportation and Economic Development Project Application, Form FSTED-1, hereby incorporated by reference, effective August 1, 2009 which contains five separate elements as described in subsection (7) below. Applications for program funds shall be submitted in electronic format utilizing SeaCIP (www.seacip.com), and Applications shall be submitted by the appropriate duly authorized official of such port. Beginning in 1991, tThe submission deadline period for submitting applications for the applicable Department of Transportation fiscal-year funding cycle shall be determined by the Council in consultation with the Department each calendar year from January 1 to February 15 in each calendar year. Applications for other Department of Transportation fiscal funding cycles may be electronically submitted utilizing SeaCIP by an eligible port at any time during the calendar year. Application forms may be obtained from and completed applications submitted in five (5) copies to: Florida Seaport Transportation and Economic Development Council, P. O. Box 10137, Tallahassee, FL 32302.

(2) The applicant must provide information in the electronic application format so that it may be determined whether the proposed port transportation project is consistent, to the maximum extent feasible, with an approved port master plan, local government comprehensive plan and five year schedule of capital improvements and port master plan. The applicant must include provide its current updated port master plan as part of the electronic application both to the Council and to the Department of Community Affairs.

(3) The application shall must be accompanied by a drawing or map depicting which depicts the location of the proposed port transportation project and adjacent properties in relation to the port and the local community.

(4) The applicant must provide information in the electronic application format so that it may be determined whether the project provides an economic benefit and is consistent with the Florida Seaport Mission Plan.

(5) The applicant must provide information in the electronic application format so that it may be determined whether the project is consistent with the policies and needs contained in the Florida Transportation Plan, its adopted work program and other relevant statewide, regional and local transporation plans, goals and objectives.

(6) The Council shall will have up to fifteen (15) days from receipt of an application to examine the application and notify the applicant via SeaCIP in writing of any apparent errors or omissions and to request any relevant needed additional information. The applicant shall then have up to fifteen (15) days from receipt of the request to provide the additional information. The application shall not be considered incomplete to be properly completed if the requested additional information is not provided.

(7) The project information required to be submitted by the applicant port is contained in SeaCIP and includes in the application Form FSTED-1, consisting of the following five units or forms:

(a) Part A. The cover sheet summary of the Council’s application contains the summary information:

(a) Nname of applicant, authorized representative, brief project description, unique project identification project number, total project cost, estimated completion date and port priority. amount requested/fiscal year.), plan information, economic benefit analysis, map/drawing, and signature of authorized official of the applicant port. Attached to Form A is a description of “Project Eligibility Requirements.”

(b) Total funding requested, Form B – Means of Financing. Incorporated herein by reference is a copy of Form B which requires a detailed description of the project, estimated number of years for project completion, phase or year of request, state funds requested, local funds available, and source of port matching funds.

(c) Form C – Port Development Candidate File. Incorporated herein by reference is Form C which is a five year forecast of funding requests for capital improvements at the applicant port. If the port’s total capital improvement program for the five year period is different than the five year forecast of funding requests, a description of the total five year capital improvement program should also be provided. This latter information will be used for the reporting requirements of the Florida Seaport Mission Plan.

(c)(d) Form D – Plan Information. Incorporated herein by reference is Form D which requires Iinformation from the applicant port about its port master plan and local government comprehensive plan so that the Department of Community Affairs may review the project and to determine whether it is consistent, to the maximum extent feasible, with the port master plan and local government comprehensive plan and the port master plan. The applicant must provide an electronic version of two (2) copies of its current updated port master plan when submitting the applications.

(d)(e) Form E – Economic Benefit Analysis. Incorporated herein by reference is Form E which requires Eeconomic benefit information related to the project so that the Office of Tourism, Trade, and Economic Development Department of Commerce can may determine whether the project provides an economic benefit to the state and is consistent with the Florida Seaport Mission Plan. For ports with annual operating revenues of $5 million or less seeking funding for certain projects as defined in Section 315.02(6), F.S., a statement of eligibility, operating revenues, and economic benefits is required.

(e) Transportation impact information related to the project so that the Department of Transporation can determine the impacts to the state transportation system.

(8) All forms and form instructions are incorporated herein by reference and are available by writing to the address provided in subsection (1) above.

(8)(9) The Council shall will consider the electronic submittal by an eligible port of an application for funding of an emergency project at any time during the calendar year. An emergency project is defined as the maintenance or reconstruction of an eligible project which contributes to or enables the port to continue to perform an essential service at the same level of service which it has previously provided in the movement of cargo or passengers.

(9) Approved projects shall remain eligible for funding for a period of three calendar years from the date of approval, or for three sequential fiscal-year funding cycles, whichever is greater. Approved projects that have any major change shall require the submission of a new or modified application for consistency review by the Council and agencies.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended_________.

 

14B-1.003 Measuring Economic Benefits.

(1) The Council shall review each properly completed application to determine the economic benefit of the port transportation project measured by the potential for the proposed project to increase or maintain cargo flow, cruise passenger movement, international commerce, port revenues, and the number of jobs for the port’s local community.

(2) The minimum criteria to be utilized by the Council in specifying and identifying a port transportation project as facilitating the economic benefit of Florida shall consist of satisfaction of the following:

(a) Each application must indicate the amount of the port’s capital investment in the port transportation project and the source of port matching funds.

(b) Each application must provide a separate port analysis of how the port transportation project will support international commerce, increase cargo flow through the port or improve cruise passenger movements. The analysis must provide specific assumptions about demand for additional service or capacity on which the project is based; type of employment to include the average hourly wage that will be created by the project or reasons the port project is needed to support existing employment; expected life of the project; expected port revenue stream resulting from the project; and a description of how the port project will affect and enhance the local, regional and state economies. The applicant shall, upon request by the Council, provide any other economic impact information which would assist the Council and the Department of Commerce to determine the economic benefit of the port transportation project.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended________.

 

14B-1.004 Determination of Funding; Council/Agency Review.

(1) The Council shall review and approve or disapprove each project’s eligibility eligible for funding from the Trust Fund within one hundred twenty (120) days of the application deadline. After such determination, the Council shall annually submit to the Secretary of Transportation, the Office of Tourism, Trade and Economic Development Secretary of Commerce, and the Secretary of Community Affairs, a list of eligible projects and which have been approved by the Council. The list shall specify the requested recommended funding level for each project.; and, if staged implementation of the project is appropriate, the funding requirements for each stage shall be specified. The decision to fund a project at any funding level is within the sole discretion of the Council.

(2) Pursuant to Section 311.09(6), F.S., uUpon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Community Affairs shall review the projects to determine consistency, to the maximum extent feasible, with approved local government comprehensive plans of the units of local government in which the port is located and with the port master plan. It is the expectation of the Council that wWithin forty-five (45) days of from receipt of the list of projects and supporting applications, the Department of Community Affairs will shall notify the Council of those projects which are not consistent, to the maximum extent feasible, with such comprehensive plans and port master plans. Should additional information be requested from one or more applicants by the Department of Community Affairs to permit the Department of Community Affairs to evaluate project consistency, the time limit for the Department of Community Affairs’ review and notice to the Council may shall be extended up to fifteen (15) days following receipt of the requested information.

(3) Pursuant to Section 311.09(7), F.S., uUpon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Transportation shall review the list of projects for consistency with the policies and needs contained in the Florida Transportation Plan and, as appropriate, the Department’s adopted work program. In evaluating the consistency of a project, the Department shall determine whether the transportation impact of the proposed project is adequately handled by existing state highway facilities or by the construction of additional state highway facilities as identified in the Department’s adopted work program. In reviewing for consistency a transportation facility project as defined in s. 334.03(31)(27), F.S., which is not otherwise part of the Department work program, the Department shall evaluate whether the project is needed to provide for projected movement of cargo or passengers from the port to the State Highway System or local road. If the project is needed to provide for projected movement of cargo or passengers, the project shall be approved for consistency as a consideration to facilitate the economic development and growth of the state in a timely manner. It is the expectation of the Council that wWithin forty-five (45) days of from receipt of the list of projects, the Department of Transportation will shall identify those projects which are not consistent with the policies and needs contained in the Florida Transportation Plan and, as appropriate, the Department’s adopted work program and shall notify the Council of projects found to be inconsistent. When Should additional information is be requested from one or more applicants by the Department of Transportation to permit the Department of Transportation to evaluate project consistency, the time limit for the Department of Transportation’s review and notice to the Council may shall be extended up to fifteen (15) days following receipt of the requested information.

(4) Pursuant to Section 311.09(8), F.S., uUpon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Office of Tourism, Trade and Economic Development Department of Commerce shall review the list of projects to evaluate the economic benefit of the project and to determine whether the projects are is consistent with the Florida Seaport Mission Plan. The Department of Commerce shall evaluate the economic benefits of each project based upon the information required by the Council Rule No. 14B-1.003 and, in so doing, may conduct any appropriate investigation to determine the accuracy of the information. It is the expectation of the Council that wWithin forty-five (45) days from receipt of the list of eligible projects, the Office of Tourism, Trade and Economic Development will Department of Commerce shall identify those projects which it has determined do not offer an economic benefit to the state or are not consistent with the Florida Seaport Mission Plan and shall notify the Council of its findings. When Should additional economic impact information is be requested from the applicant by the Department of Commerce, the time limit for the Department’s review of the project may shall be extended up to fifteen (15) days following receipt of the requested information.

(5) Pursuant to Section 311.09(11), F.S., a member of the Council from The Department of Community Affairs, Department of Transportation, or the Office of Tourism, Trade, and Economic Development may vote to overrule any action of the Council which approves a project pursuant to subsection (1). Any action to overrule a project shall be taken prior to, or at, the Council meeting at which the project is approved for submission to the Department of Transportation for funding. A vote overruling an action of the Council shall be in writing, give specific reasons for overruling the Council, and be considered final agency action for purposes of Chapter 120, F.S. The Council shall review the findings of the Department of Community Affairs, the Department of Commerce and the Department of Transportation. Projects found to be inconsistent pursuant to subsections (2), (3), and (4) above and projects which have been determined not to offer an economic benefit to the state pursuant to subsection (4) shall not be included in the list of projects to be funded. However, the list of proposed projects may include projects which have been determined inconsistent, where such inconsistency determination was wholly unrelated to the proposed project itself, but was made on the basis that the local government comprehensive plan was not in compliance with the requirements of Chapter 163, F.S. Such projects are eligible for funding at the time the local government comprehensive plan is determined by the Department of Community Affairs or the Administration Commission to be in compliance with Chapter 163, F.S.; provided, however, that no amendments to the local comprehensive plan which brought it into compliance altered or modified the plan in relation to the impacts of the project itself.

(6) The Council shall submit to the Department of Transportation a list of approved projects for funding from the Trust Fund. The Department of Transportation shall include in its annual legislative budget request a Florida Seaport Transportation and Economic Development grant program for expenditure of funds in the Trust Fund. Such budget request shall request funding for the list of approved projects submitted by the Council based upon the funds expected to be available in the Trust Fund during the ensuing budget year. Additionally, the Council may submit to the department a list of unfunded approved projects that could be made production-ready within the biennium and for which trust funds are not available in that budget year. The list of unfunded approved projects shall be submitted by the Department of Transportation as part of the project list prepared pursuant to Section 339.135(4)(j), F.S., and the needs list prepared pursuant to Section 339.155(5)(b), F.S.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended________.

 

14B-1.005 Council Procedures.

(1) The Council shall meet at the call of its chairperson, at the request of a majority of its membership, or at such times as may be prescribed in its bylaws. However, the Council must meet at least semiannually. A majority of voting members of the Council constitutes a quorum for the purpose of transacting the business of the Council. All members of the Council are voting members except for members representing the Department of Transportation, the Department of Community Affairs, and the Department of Commerce. A majority vote of the voting members present is sufficient for any action of the Council, unless the bylaws of the Council require a greater vote for a particular action.

(1)(2) The Council shall prioritize and allocate funding to seaports for approved projects at the Council meeting and in accordance with the following criteria adopted by Florida Seaport Transportation and Economic Development Council, June 10, 1998, and revised February 25, 2003:

(a) Consistency reviews performed by the Departments of Transportation and Community Affairs and the Governor’s Office of Tourism, Trade, and Economic Development (OTTED) and the economic benefit review performed by OTTED.

(b) The goals and objectives of the Florida Seaport Mission Plan.

(c) Competition for cargo or trade between an applicant port and port located outside the State of Florida.

(d) Importance of a project to support or maintain existing cargo, trade or passenger movements at the applicant port.

(e) Revenues or funds available at the applicant port to ensure that the port meets its matching fund requirement and to ensure that the project is initiated within the funding year in which the project is approved.

(f) The overall 5-year capital improvement needs of each applicant port.

(g) The ability of the port to finance port improvements through other sources.

(h) Fairness in achieving balanced support for each port’s priorities, objectives and goals in a 5-year capital improvement program.

(i) Each port’s recommendations concerning its funding needs.

(2) A majority vote of the voting Council members present is sufficient to approve funding for a specific port transportation project and is sufficient for the Council to prioritize and allocate funding to seaports for all approved projects. A Certification of Project Acceptance which certifies that the Council has reviewed the port projects pursuant to the requirements of applicable Florida law must be executed by the Chairman of the Council, witnessed, and attested to by the Assistant Secretary prior to submission of the approved project candidate list to the Department of Transportation. Said certification in the form approved by the Department of Transportation shall accompany the project list submittal. A majority vote of the voting Council members present is sufficient to disapprove funding for a specific port transportation project.

(3) The Council shall submit a summary of port transportation projects with pertinent information to the Council members no less than five (5) seven (7) working days prior to the date of the meeting at which time such projects will be considered for funding approval.

(4) Eligible ports Applicants whose port transportation projects are not recommended for funding in any given year may reapply for subsequent funding consideration by the Council.

(5) The Council may also hold monthly meetings to facilitate the project review process and other related issues. 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. 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. The Council also shall provide seven (7) days prior notification of Council meetings or workshops by mailing a notice to each eligible port applicant whose port transportation project is to be considered.

(6) Special meetings of the Council may be held at the call of the Chairman or shall be called by the Chairman at the written request of a majority of the voting members. Upon seven (7) days public notice, a special meeting may be conducted by a telephone conference call with members of the Council in accordance with the provisions of Chapter 28-8, F.A.C., Model Rules of Procedure.

(7) Emergency meetings of the Council may be held at the call of the Chairman in accordance with the provisions of Rule 28-2.007, F.A.C., Model Rules of Procedure.

(8) Members of the Council shall serve without compensation but are entitled to receive reimbursement for per diem and traveling expenses as provided in Section 112.061, F.S. The Council may elect to provide an administrative staff to provide services to the Council on matters relating to the Trust Fund and the Council. The cost for such administrative services shall be paid by all ports that receive funding from the Trust Fund, based upon a pro rata formula measured by each recipient’s share of the funds as compared to the total trust funds disbursed to all recipients during the year. The share of costs for administrative services shall be paid in full by the recipient port at the time the first payment of trust funds are disbursed to it. Such administrative services payment is in addition to the matching funds required to be paid by the recipient port.

Rulemaking Specific Authority 120.53, 311.09(2), (11) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended________.

 

14B-1.006 Eligible Port Funding Requirements.

(1) A port eligible for matching funds from the Trust Fund may receive a grant from the Trust Fund of not more than $7 million during any one calendar year and grants of not more than $30 million during any five calendar year period.

(2) Any port which receives funding from the Trust Fund shall institute procedures to ensure that jobs created as a result of the state funding shall be subject to equal opportunity hiring practices in the manner provided in Section 110.112, F.S.

(3) The Department of Transportation shall subject any project that receives funds pursuant to this section to a final audit. The Department may adopt rules and perform such other acts as are necessary or convenient to ensure that the final audits are conducted and that any deficiency or questioned costs noted by the audit are resolved.

(1)(4) Program fFunds received by eligible ports from the Trust Fund shall be expended on eligible costs only. If program funds are not expended on eligible costs, the port shall immediately reimburse the Council for the ineligible costs.

(2) For projects funded pursuant to bonds issued under the provisions of Sections 320.20(3) and (4), F.S., the reimbursement procedures will be as set forth in the Master Agreement, the Indenture of Trust, and the Loan Agreement, incorporated herein by reference, and any other agreement with another applicable governmental entity.

(5) Upon legislative approval of the Department of Transportation’s budget request as provided in Rule 14B-1.004, F.A.C., and upon entering into a written grant agreement with an eligible port, the Department of Transportation will reimburse the eligible port an amount equal to 50 percent of eligible costs incurred on an approved project. This reimbursement will be made upon receipt of an invoice showing total eligible costs incurred to date, less the port’s 50 percent share, less reimbursements received to date. These reimbursements will be made in compliance with the payment requirements set forth in Section 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.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.07, 320.20(3), (4) FS. History–New 12-19-90, Amended________.

 

14B-1.007 Reporting Requirements.

(1) If the port transportation project is to be funded in annual phases, the Council shall require the port to submit an annual written report which describes the work completed per the project schedule, the status of the project, a description of any change orders which change the nature of the project and a budget summary detailing the amount of financial contribution to the project by the port. A phased project shall be considered by the Council as one project and shall be annually prioritized accordingly. An approved phased project shall be awarded separate annual grants until complete; provided, however, that no change order has been requested recipient port. Change orders requested for previously approved projects will require resubmission of a revised project application for Council and agency consistency review.

(2) The eligible port shall enter into a joint participation agreement (JPA) with the Department of Transportation 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. The recipient port also shall provide a signed letter stating that the port accepts total responsibility and ownership of the port transportation project.

Rulemaking Specific Authority 120.53, 311.09(4) FS. Law Implemented 311.07 FS. History–New 12-19-90, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Toy Keller

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nancy Leikauf, Interim President, Florida Ports Council, Third Party Administrator, Florida Seaport Transportation and Economic Development Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 9, 2010