9K-9.003. General Requirements and Eligibility Standards. (Transferred)

The following constitutes the general procedures for the Stan Mayfield Working Waterfronts Florida Forever grant program of the Florida Communities Trust.

(1) Application Form. Stan Mayfield Working Waterfronts Grant Application Form SMWW-2 (eff. 5-16-10), is prescribed for use with these rules and is incorporated by reference. Applications for funding must be submitted on Application Form SMWW-2. Applicants may only submit one Application Form per Project Site. A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the, Florida Communities Trust, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, or by calling [phone].

(2) Notice of Application Period. The Trust shall announce the amount of Florida Forever funds available for Awards and applicable deadlines in the Notice of Application Period published in the Florida Administrative Weekly.

(3) Eligible Applicants are Local Governments of the State of Florida, Nonprofit Working Waterfronts Organizations or a partnership between a Local Government and a Nonprofit Working Waterfronts Organization.

(4) Nonprofit Working Waterfronts Organizations. In all acquisitions by a Nonprofit Working Waterfronts Organization, a guaranty or pledge by a Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Nonprofit Working Waterfronts Organization is unable to continue to manage the Project Site shall be obtained.

In addition, when acquiring a “less than fee interest” in the Project Site, the Nonprofit Working Waterfronts Organization must provide assurance that they have the capacity to monitor and enforce the easement conditions. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the less than fee interest.

Or, if the Nonprofit Working Waterfronts Organization is acquiring a fee-simple interest in the Project Site, the Nonprofit Working Waterfronts Organization must provide assurance that they have the capacity to manage the Project Site. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the fee interest and a capital fund equal to five percent of the appraised value of the fee interest.

(5) Working Waterfronts Activities. Business activities performed on a project site acquired under this program must derive their primary source of income from services supporting the commercial harvesting of wild or aquacultured marine organisms. Nothing in this rule shall be construed to relieve the Applicant from obtaining proper authorization from the Board of Trustees of Internal Improvement Trust Fund for any structures located on sovereign lands constructed with funds provided by the Florida Communities Trust.

(6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Applicant(s) under any Application(s) for any project(s) shall not exceed five million dollars ($5,000,000.00) during any one cycle or the amount appropriated by the Legislature if the appropriated amount is less than five million dollars ($5,000,000.00).

(7) Eligible Sources of Match. The Applicant’s eligible sources of Match may include, but are not limited to, the following sources: Local Government or other government revenue; existing cash from Nonprofit Working Waterfronts Organization or Donations as defined in this rule.

(8) Site Acquisition. The Trust shall be responsible for the Acquisition activities.

(9) Site Management. Each Applicant is required to provide a Management Plan as outlined in this rule chapter. To ensure that future management funds will be available for the management of the site in perpetuity, the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner that is consistent with the approved management plan.

(10) Submerged Lands Use Authorization:

(a) Applicant: Each Applicant must provide documentation by the Application deadline that any Applicant owned facility or structure located over state sovereignty submerged lands is properly authorized and that any applicable fees and wetslip certification forms are current. The documentation must be in the form of a letter from the issuing agency stating that all Applicant owned facilities or structures located over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease and applicable fees and wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the issuing agency to secure this documentation. This documentation must be submitted by the Application deadline, otherwise the project will not be considered by the Trust.

(b) Project Site: Each Applicant must provide a letter from the issuing agency that verifies any facilities or structures located on the Project Site that are over state sovereignty submerged lands are properly authorized and that any applicable fees and wetslip certification forms are current or a statement from the issuing agency that the facilities or structures are not located on state sovereignty submerged land. The documentation must be in the form of a letter from the issuing agency stating the current land owner is in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the issuing agency to secure this documentation. This documentation must be submitted to the Trust no later than 48 hours before the FCT Governing Board meeting, otherwise the project will not be considered by the Trust.

(11) Zoning Compliance. Each Applicant must submit a letter from the local planning department that verifies the proposed uses on the Project Site are consistent with the future land use designation and local zoning regulations.

Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10.