66A-2.007. Funding Conditions

The following constitute the general conditions for Program compliance:

(1) Three-Year Encumbrance Limit. Program funds shall not be encumbered for a project beyond three years following approval of a project (October 1 for budget-cycle projects and three years from the date of Board approval for off-cycle projects).

(2) Match Funds. With the exception of public navigation, marine law enforcement or environmental education projects, matching funds are required and shall be clearly identified and enumerated as to amount and source on all requests for funding. Member counties shall provide documentation verifying the amount and source of matching funds in accordance with subsection 66A-2.005(2), F.A.C.

(3) Site Dedication. Real property which is developed with Program funds shall be dedicated in accordance with the following:

(a) Public Lands. Member county and local government lands which are developed with Program funds shall be dedicated in perpetuity as a waterway development project site for the use and benefit of the general public. Lands which are under control of a member county or local government by lease agreement or other legally binding document, shall be dedicated as a waterway development project site for the use and benefit of the general public for a minimum of twenty-five (25) years from the completion date set forth in the project completion certificate. Member counties shall record such dedications within their respective public property records.

(b) Private Lands. Private lands of a third-party operator may be developed with Program funds for boater safety and education or environmental education projects as described in Rule 66A-2.005, F.A.C. In such instances, member counties shall provide safeguards to ensure that the project site located on the third-party operator’s lands are operated and maintained for boater safety and education or environmental education purposes and opened to the general public for a minimum of twenty-five (25) years from the completion date set forth in the project completion certificate.

(4) Facilities Maintenance and Operation. Except as otherwise provided in this Rule Chapter, the member county shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable federal, state and local health standards. Project facilities shall be kept safe and in repair to prevent undue deterioration. The member county must have full legal authority and financial ability to operate and maintain the project facilities or, where appropriate, ensure that a third-party operator has such authority and ability.

(5) Legal Compliance and Assurances. Member counties and third-party operator shall comply with all applicable state, federal and local laws, rules, and regulations or, where appropriate, ensure a third-party operator’s compliance with the same. Applications must include copies of all applicable regulatory agency permits or authorizations demonstrating the project’s compliance with all applicable federal, state and local laws, rules and regulations, including but not limited to, U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and Florida Water Management Districts. Failure to include copies of such permits or authorizations may result in the rejection of the application. Member counties may re-apply for previously rejected projects upon obtaining the required permits or authorizations during any subsequent off-cycle or budget-cycle. Upon approval of an application, member counties shall ensure compliance with all permits and their conditions relating to the project’s construction and post-construction monitoring.

(6) Project Accessibility. Notwithstanding facilities used exclusively for marine law enforcement or marine fire and rescue services, facilities funded in whole or in part by Program funds shall be accessible to the public on a non-exclusive basis without regard to age, gender, race, religion, marital status, disability, or ethnic group, and shall be open at hours comparable to similar state or local public facilities.

(7) User Fees. User fees may be charged for the use of facilities funded in whole or in part by Program funds. Discrimination based on residence, including preferential reservation, membership or annual permit systems, is prohibited except differences in user fees may be maintained on the basis of residence. User fees charged to nonresidents cannot exceed twice the amount charged to residents. Where there is no charge for residents, but a user fee is charged to nonresidents, nonresident user fees cannot exceed user fees charged for residents at comparable state or local public facilities. User fees based upon residence shall be set forth in the project agreement and only apply to the project areas as described therein.

(8) Third-Party Operators. A member county may authorize project funds for use by third-party operators. However, the terms and conditions of the project agreement are not assignable, and the member county shall remain responsible for Program administration and accountability as further set forth in this rule chapter. Member counties shall continue to be responsible to WCIND for the proper use and management of Program funds, equipment and facilities, and maintain oversight of third-party operators.

(9) Procurement Requirements. Member counties shall acquire professional services in compliance with Florida law, including Section 287.055, F.S., or ensure a third-party operator’s compliance with the same. Additionally, member counties shall competitively procure acquisition of all goods and services exceeding $5,000 for accomplishment of the project. Alternatively, a member county may utilize a state contract or equivalent procurement method within its approved purchasing policy for such acquisitions. Member counties shall ensure third-party operators procure goods and services in compliance with the requirements herein. Verification of such compliance shall be provided in a quarterly report.

(10) Valuation. Unless otherwise specified in this Rule Chapter, when determining the value of facilities, equipment, intellectual property or supplies, member counties may utilize the appropriate valuation methods under Generally Accepted Accounting Principles (GAAP) or Modified Accelerated Cost Recovery System (MACRS).

(11) Equipment. Title to equipment acquired with Program funds shall vest upon acquisition in the member county subject to the conditions and requirements of this Rule Chapter. All equipment shall be used exclusively for the waterway purposes as indicated in the project agreement. The equipment shall be operated, stored and maintained per the manufacturer’s recommendations, and made available for inspection by WCIND staff upon request.

(a) Replacement or Disposition. When replacing or disposing of equipment acquired in whole or in part with Program funds, member counties shall first make written request to WCIND using Form No. 7, “Property Disposal/Replacement Request,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12701. WCIND will approve such requests in accordance with the following requirements:

1. Replacement. Member counties may trade-in or sell the equipment to be replaced, with its trade-in value or sale proceeds being used to offset the cost of the replacement equipment.

2. Disposition. Member counties may dispose of original or replacement equipment that is no longer needed for its project purpose or for any other use as approved by WCIND, in accordance with the following:

a. Equipment with a current per-unit fair market value of $5,000 or less may be retained, sold, or otherwise disposed of without any further obligation to WCIND. Member counties shall record the details of dispositions of such equipment within its annual asset inventory, including the party receiving the equipment (if any), the date of disposition, the cash or value received (if any); or

b. Equipment with a current per-unit fair market value of more than $5,000 may be retained or sold with WCIND’s interest being refunded. Where such equipment is sold, WCIND may permit the member county to deduct and retain $500 or ten percent of the proceeds, whichever is less, for its selling and handling costs. Member counties shall record the details of dispositions in the same manner as provided for in sub-subparagraph (11)(a)(2)1. above.

(12) Casualty Loss and Misused Property. When facilities, equipment or supplies are lost or damaged by fire, natural disaster or other casualty, the fair market value shall be calculated on the basis of the condition of the facilities, equipment or supplies immediately before the loss or damage, irrespective of the extent of insurance coverage or insurance adjustment received. If any loss or damage to facilities, equipment or supplies results from abuse or misuse occurring with the member county’s knowledge and consent, the member county shall either repair, reconstruct or replace such facilities, equipment or supplies at its own expense or refund WCIND’s interest therein. If the lost or damaged facilities, equipment or supplies are covered by insurance, a member county shall apply all insurance proceeds to either the costs of repairing, reconstructing or replacing such facilities, equipment or supplies, or the refund of WCIND’s interest therein.

(13) Intangible Property. Title to intangible property shall vest upon acquisition in the member county subject to the conditions and requirements of this rule chapter. All intangible property shall be used exclusively for the waterway purposes as indicated in the project agreement. Member counties may replace or dispose of intangible property in accordance with the provisions for equipment in paragraph (11)(a) above. Member counties may copyright any intellectual property created under the Program with the reservation of WCIND’s royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the intellectual property for WCIND purposes, and to authorize others to do so.

(14) Inventory. Member counties shall submit an annual asset inventory by June 15th of each year. The asset inventory shall track and detail, at minimum, each asset (facilities, equipment and intangible property) acquired with Program funds, the asset’s current custodian, date acquired, acquisition cost, whether the asset is insured, and disposition details where applicable.

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.007, Amended 3-3-21.