To update the application process.

 

DEPARTMENT OF TRANSPORTATION

Florida Seaport Transportation and Economic Development Council

RULE NOS.:RULE TITLES:

14B-1.001Definitions

14B-1.002Port Project Funding Application Procedures and Requirements

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

PURPOSE AND EFFECT: To update the application process.

SUMMARY: Updates incorporated application to clarify requirements. Clarifies process for review of applications.

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: No additional costs have been identified by clarifying language.

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: 311.09(4), FS.

LAW IMPLEMENTED: 311.07, 311.09, 315.02, 320.20, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casey Grigsby, Florida Ports Council, 502 East Jefferson Street, Tallahassee, Fl 32301, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14B-1.001 Definitions.

(1) through (6) No change.

(7) “Port Master Plan” means a comprehensive or strategic plan prepared by each eligible deepwater port which addresses existing port facilities and any proposed expansions and adequately addresses the applicable requirements of Section 163.3178(2)(k), F.S., or other provisions of the Community Planning Act, Part II of Chapter 163, F.S.

(8) through (10) No change.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.07, 311.09, 315.02, 320.20 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16,       .

 

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 Application, entitled “Florida Seaport Transportation and Economic Development Project Application,” Form 01-016, revised March 2019, hereby incorporated by reference, October, 2015 at https://www.flrules.org/Gateway/reference.asp?No=Ref-10432 https://www.flrules.org/Gateway/reference.asp?No=Ref-06097. Applications for program funds shall be submitted in electronic format and can be obtained utilizing SeaCIP (www.seacip.com). Applications shall be submitted by the appropriate duly authorized official of such port. The submission deadline for submitting applications for the upcoming Department of Transportation fiscal year funding cycle shall be determined by the Council in consultation with the Department each calendar year and noted in SeaCIP. 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.

(2) through (5) No change.

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

(7) The project information required to be submitted by the applicant port is contained in SeaCIP and includes the following information:

(a) No change.

(b) Total funding requested, phase or year of request, state funds requested, local funds available, and source of port matching funds.

(c) through (e) No change.

(8) Approved projects shall remain eligible for funding for a period of three calendar years from the date of original Council 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. For purposes of this subsection, major change means a deviation from an approved project that is reasonably expected to have any of the following impacts:

(a) through (d) No change.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16, ___.

 

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

(1) No change.

(2) Pursuant to Section 311.09(7), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Economic Opportunity shall review the projects to evaluate their economic benefit and consistency with the Florida Seaport Mission Plan and state economic development goals and policies. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Economic Opportunity will notify the Council of those projects which are not consistent. Should additional information be requested from one or more applicants to evaluate project consistency, the time limit for the Department of Economic Opportunity’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

(3) Pursuant to Section 311.09(6), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Transportation shall review the projects for consistency with the Florida Transportation Plan and the Statewide Seaport and Waterways System Plan. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Transportation will notify the Council of those projects which are consistent identify those projects which are not consistent and notify the Council of projects found to be inconsistent. When additional information is requested from one or more applicants to evaluate project consistency, the time limit for the Department of Transportation’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

(4) No change.

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16,___  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casey Grigsby, Vice President of Programs and Planning, Florida Ports Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Seaport Transportation and Economic Development Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 15, 2019