Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management by amending review procedures and criteria, incorporating a grant application by reference, amending the date for noticing ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of the Secretary

RULE NO: RULE TITLE
62S-4.001: Definitions
62S-4.004: Application Procedures for Coastal Partnership Initiative Grants
62S-4.0045: Application Procedures for Coastal Management Grants to State Agencies and Water Management Districts
62S-4.005: Eligibility for Funding of Coastal Partnership Initiative Grants
62S-4.0055: Eligibility for Funding of Coastal Management Grants to State Agencies and Water Management Districts
62S-4.007: Review Procedures and Criteria
62S-4.008: Funding Coastal Partnership Initiative Grants
PURPOSE AND EFFECT: Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management by amending review procedures and criteria, incorporating a grant application by reference, amending the date for noticing availability of funds and deleting rules applicable to state agencies. The Coastal Partnership Initiative grant program will be strengthened by adding a new funding category, increasing the amount of funds available, reordering rule sections and substantially rewriting sections for clarity.
SUMMARY: The proposed rule amendments substantially rewrite Rules 62S-4.004 and .007 and add new Rule 62S-4.008, F.A.C., to amend grant funding categories; increase the amount of grant funds available; amend the date for noticing availability of funds; create and incorporate by reference a grant application form; amend eligibility requirements for Coastal Partnership Initiative applicants; amend review procedures and criteria; delete rules applicable to state agencies (62S-4.0045, .0055 and .007(3)); reorder rule sections; revise title of Chapter 62S-4, F.A.C.; add a definition; and make other clarifications.
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: 380.22 FS.
LAW IMPLEMENTED: 380.27 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: October 14, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Dept. of Environmental Protection, Rm. 953B, 3900 Commonwealth Blvd., Tallahassee, FL 32399
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 5 days before the workshop/meeting by contacting: Susan Goggin at [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: Susan Goggin, [phone], or by email to [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS

62S‑4.001 Definitions.

(1) No change.

(2) “Applicant” means the following with regard to the identified grants:

(a) Coastal Partnership Initiative Grants: “Applicant” means local governments of the 35 coastal counties and all municipalities within their boundaries that are designated as “coastal’ by the state land planning agency or required to include a coastal element in the local comprehensive plan; national estuarine research reserves; and national estuary programs. The term also means public and private colleges and universities, regional planning councils, and non‑profit groups, as long as an eligible local government, national estuarine research reserve, or national estuary program agrees to participate as a partner. However, non‑profit organizations are not eligible to be applicants for funds under Section 306A of the Act.

(b) Grants other than those awarded through the Coastal Partnership Initiative: “Applicant” means state agencies, as identified in Sections 20.10 through 20.43, F.S., and water management districts.

(3) “Application” means a formal request for Coastal Partnership Initiative funds by an applicant consisting of a complete project application form, including required copies and applicable documentation.

(4)(3) “CPI” means “Coastal Partnership Initiative, which is a, Grants” means competitive grants program to disperse funds pursuant to Sections 306 and 306A of the Act available for the specific purposes and activities identified in Rule 62S‑4.004, F.A.C.

(4) through (9) renumbered (5) through (10) No change.

(11) “Special Designations” means waters or areas designated by federal, state or local authorities that protect or preserve environmental, cultural or coastal resources.

(12)(10) “306A Checklist” means the January 2003 “Section 306A Guidance and Checklist which became effective ________ and is hereby adopted and incorporated by reference required for applicants requesting funds for construction projects, capital outlay or land acquisition. NOAA requires submission of the information in the checklist prior to release of funds under Section 306A of the Act for construction projects, invasive species removal, habitat restoration, capital outlay or land acquisition. 306A Checklists may be obtained from the CPI website at http://www.dep.state.fl.us/cmp/grants/index.htm, or by contacting FCMP staff at the Department of Environmental Protection, Florida Coastal Management Program, MS 47, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000.

Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10‑15‑81, Formerly 17‑24.03, Amended 12‑2‑87, Formerly 17‑24.030, Amended 11‑22‑93, 4‑30‑96, 6‑10‑01, Formerly 9M‑1.003, Amended 8‑11‑03, 9‑11‑05,________.

 

(Substantial rewording of Rule 62S-4.004 follows. See Florida Administrative Code for present text.)

62S‑4.004 Application Procedures for Coastal Partnership Initiative Grants.

(1) CPI Program Purpose. Eligible applicants may request financial assistance to implement projects to protect, enhance, and improve the management of natural, cultural, and historical coastal resources and to increase the sustainability, resiliency and preparedness of coastal communities. Grant applications must meet the purpose and goals of one of the following CPI categories:

(a) Resilient Communities. The goal of this initiative is to help coastal communities prepare for and respond to the effects of climate change and natural hazard events and disasters. Project examples include: conducting vulnerability analyses and risk assessments; developing post-disaster redevelopment plans and business continuity plans; developing climate change adaptation strategies for incorporation in local comprehensive plans or ordinances; developing policies, guidance and best management practices; restoring and preserving coastal wetlands and shorelines; and developing energy efficiency and alternative energy strategies.

(b) Coastal Resource Stewardship. The goal of this initiative is to promote stewardship and appreciation of fragile coastal resources through citizen, volunteer and local government involvement. Stewardship project examples include dune and wetland restoration; exotic plant control; coastal clean-ups; environmental awareness initiatives; and environmental education events and field trips.

(c) Access to Coastal Resources. The goal of this initiative is to help communities identify and improve public access to cultural, historical and natural areas while protecting resources from overuse and damage. Project examples include: planning for, and construction of small-scale projects such as fishing piers, dune crossovers, boardwalks, observation decks, and canoe and sailboat launches; natural shoreline restoration; exotic species removal; waterfront park improvements; and development of recreational surface water use plans or policies pursuant to Section 163.3177(6)(g), F.S.

(d) Working Waterfronts. The working waterfronts initiative is designed to assist communities with waterfront revitalization. The working waterfronts initiative aims to support projects that enhance and sustain traditional waterfront communities while addressing public access, resource protection, and hazard mitigation issues. Projects examples in this category include constructing boat ramps, waterside boardwalks, kiosks and fish cleaning stations; and restoring shorelines and wetlands or implementing other measures that mitigate the effects of natural hazards.

(2) Assistance.

(a) Financial awards are limited to no more than $60,000 and no less than $20,000, for planning and coordination activities, land acquisition, small construction, or capital improvement projects.

(b) Projects funded under the CPI must be located on publicly-owned or leased land, or land held in perpetuity under a conservation easement.

(c) Non-profit organizations are not eligible to be applicants for funds under Section 306A of the Act.

(d) A recipient will be required to provide 100% (1:1) matching funds, cash or in-kind.

(e) Eligible applicants may submit no more than one application per funding cycle.

(f) A project that receives a CPI grant may be considered again for funding in a subsequent grant cycle, provided that the first grant was successfully completed.

(g) A project that receives CPI funds for two consecutive funding cycles is not eligible to be considered again for funding until two subsequent funding cycles have passed, and provided that the previously funded projects were successfully completed.

(h) Funds awarded by the procedures described in this chapter shall not be used to supplant or replace any state or local funds, used as matching funds to apply for or receive other federal funds, or used as match for funds awarded as a result of the application processes described in this chapter.

(3) Period of Assistance. Funding is available only for project work initiated and completed during a 12-month period beginning July 1 and ending June 30, unless the FCMP grants a written extension for good cause.

(4) Notice.

(a) If funds are available, the FCMP shall initiate the funding cycle by publishing a notice of the availability of funds on the Florida Administrative Weekly (FAW) website at https://www.flrules.org/ no later than October 31. Applications for a funding cycle will not be accepted prior to the publication of the notice of availability of funds.

(b) In addition, the FCMP shall send a copy of the notice of availability of funds to the chair of the Board of County Commissioners in each of the 35 coastal counties and to the chair of the governing body of each eligible municipality as defined in paragraph 62S-4.001(1)(a), F.A.C.

(5) Application Form. The Coastal Partnership Initiative Application Form, effective date __________ is hereby incorporated by reference and is available from the CPI website at http://www.dep.state.fl.us/cmp/grants/index.htm. To request an application form, contact FCMP staff at the Department of Environmental Protection, Florida Coastal Management Program, MS 47, 3900 Commonwealth Blvd., Tallahassee 32399-3000.

(a) Applications shall be submitted either in person, by certified or registered mail (return receipt requested), or by courier service. Applications shall be received at Department of Environmental Protection, FCMP, M.S. 47, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399‑3000 on or before 4:00 p.m., Eastern Time Zone, on the date identified in the notice of availability of funds, which shall be a minimum of 60 days from the publication of the notice of availability of funds.

(b) It is the applicant’s responsibility to ensure that one original application and 12 copies of the application are delivered at the proper time and place. Applications submitted by fax or other electronic media are not acceptable. Applications received after the exact time and date specified above will be disqualified.

Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10‑15‑81, Formerly 17‑24.04, Amended 12‑2‑87, Formerly 17‑24.040, Amended 11‑22‑93, 4‑30‑96, 6‑10‑01, Formerly 9M‑1.004, Amended 8‑11‑03, 9‑11‑05,________.

 

62S‑4.0045 Application Procedures for Coastal Management Grants to State Agencies and Water Management Districts.

Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 8‑11‑03, Amended 9‑11‑05, Repealed________.

 

62S-4.005 Eligibility for Funding of Coastal Partnership Initiative Grants.

Specific Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 10‑15‑81, Formerly 17‑24.05, Amended 12‑2‑87, Formerly 17‑24.050, Amended 11‑22‑93, 4‑30‑96, 6‑10‑01, Formerly 9M‑1.005, Amended 8‑11‑03, 9‑11‑05, Repealed________.

 

62S-4.0055 Eligibility for Funding of Coastal Management Grants to State Agencies and Water Management Districts.

Specific Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 8‑11‑03, Amended 9‑11‑05, Repealed________.

 

(Substantial rewording of Rule 62S-4.007 follows. See Florida Administrative Code for present text.)

62S‑4.007 Review Procedures and Criteria.

(1) Minimum Requirements. Applications must include the following in order to be reviewed by the evaluation committee:

(a) A signed and complete Title Page;

(b) A Location Map;

(c) A Work Plan; and

(d) A Budget.

(2) Applications that meet the minimum requirements listed in paragraphs 62S‑4.007(1)(a)-(d), F.A.C., will be reviewed by an interagency technical evaluation committee of at least three members who are appointed by the FCMP Administrator and have knowledge of current coastal resource management issues and state and federal resource management programs and activities. Each application will be evaluated using the evaluation criteria below. The final score of each application shall be the average of the evaluators’ scores.

(3) Evaluation Criteria.

 

Criteria for all Initiative Categories	Maximum Points
(a) The project location is clearly depicted on a map.	15
(b) Project description is clearly presented.	20
(c) Project tasks, deliverables and timelines are clear.	20
(d) Applicant and partner roles are adequately identified.	10
(e) Project location is clearly described.	15
(f) There is a clear need for the project.	20
(g) Project meets goal of the chosen CPI category.	15
(h) The project will benefit coastal resource management.	25
(i) There is community support for the project and project will benefit community.	5
(j) Project supports specific goals and objectives of the local comprehensive plan.	5
(k) If applicable, project helps achieve the goals of the following Department, state, local or federal programs:
1. Local Mitigation Strategy	5
2. Florida Forever	5
3. Waterfronts Florida	5
4, Special Designations	5
(l) Budget clearly shows how funds and match funds will be expended by category.	15
Total Maximum Points Possible	185

 

(m) Within each category, projects that receive a final score of at least 110 points will be eligible for funding in rank order by score, depending on the availability of funds. If more than one project in a category receives the same score, those projects will receive equal treatment in making funding decisions.

(n) Projects will be funded in rank order by score as determined by the evaluation committee and subject to the availability of funds. If the project is funded by NOAA, the subgrant agreement shall be executed within 90 days from approval. Failing timely execution, the subgrant award shall not be awarded. Instead, the funds shall be awarded to the next eligible, unfunded CPI project in the same initiative category. If there is no eligible, unfunded CPI project in the same initiative category, then the funds shall be allocated to other FCMP needs.

Specific Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 10‑15‑81, Formerly 17‑24.07, Amended 12‑2‑87, Formerly 17‑24.070, Amended 11‑22‑93, 4‑30‑96, 6‑10‑01, Formerly 9M‑1.007, Amended 8‑11‑03, 9‑11‑05,________.

 

62S-4.008 Funding Coastal Partnership Initiative Grants.

(1) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by NOAA.

(2) Funding of any application submitted in response to the FCMP’s notice of availability of funds and in accordance with this rule chapter is subject to the amount of federal coastal zone management funds awarded to the FCMP and the amount allocated to the CPI by the FCMP.

(3) The total amount allocated to CPI shall initially be distributed equally among the categories. After fully funding all eligible applications in a CPI category, any excess funds in a category will be redistributed to categories in which the initial allocation is insufficient to fully fund all eligible applications. In redistributing funds, preference shall be given to achieving full funding of partially-funded projects.

(4) Notice of funding decisions shall be published on the FAW website at https://www.flrules.org/. Any person whose substantial interests are affected may request a hearing pursuant to Section 120.569, F.S., within 21 days of publication of the notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.

(5) A timely filed petition for an administrative hearing shall not cause the suspension of further action on other applications. If, as a result of a Chapter 120, F.S., administrative or judicial proceeding, the Department’s determination of ranking for an application is reversed, and as a result an applicant obtains a rank high enough that it would qualify for inclusion in the Department’s application to NOAA, the Department shall include the application in the following year’s application to NOAA for coastal zone management funds.

(6) Any recipient of a previous grant awarded by the Department that did not complete the tasks specified in the grant agreement or substantially failed to abide by the terms of the grant agreement, without good cause, shall be ineligible to be considered for funding under the CPI program for two consecutive funding cycles. The FCMP shall determine within 30 days of the grant end date whether the grant recipient is ineligible pursuant to this paragraph and shall notify the ineligible grant recipient in writing. Any person whose substantial interests are affected may request a hearing pursuant to Section 120.569, F.S., within 21 days of receipt of notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.

Specific Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Goggin
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Michael Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25, 2008