Fla. Admin. Code tit. 66 | Fla. Admin. Code Title 66 — Navigation Districts

Chapter 66B-1 COOPERATIVE ASSISTANCE PROGRAM

Fla. Admin. Code R. 66B-1.001 Purpose

Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District’s policies and procedures for the implementation of an assistance program under Section 374.976, F.S., for state agencies operating within the District. This program will be known hereafter as the Florida Inland Navigation District’s Cooperative Assistance Program.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.001.

Fla. Admin. Code R. 66B-1.002 Forms

All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.002.

Fla. Admin. Code R. 66B-1.003 Definitions

The basic terms utilized in this rule are defined as follows:

(1) “APPLICANT” means an eligible state regional or federal agency submitting an application through this program.

(2) “APPLICATION” means a project proposal with the required documentation.

(3) “AUTHORIZED SUBMISSION PERIOD” means the established period for submitting applications to the District.

(4) “BEACH RENOURISHMENT” means the placement of sand on a beach for the nourishment, re-nourishment or restoration of a beach.

(5) “BOARD” means the Board of Commissioners of the Florida Inland Navigation District.

(6) “DISTRICT” means the Florida Inland Navigation District (FIND).

(7) “ELIGIBLE AGENCY” means federal, regional and state agencies or units thereof which provide programs on the waterways within a member county of the District.

(8) “ENVIRONMENTAL PERMITS” means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors.

(9) “EXECUTIVE DIRECTOR” means the Executive Director of the Florida Inland Navigation District.

(10) “LIAISON AGENT” means the contact person officially designated to act on behalf of the applicant or the project sponsor.

(11) “MARITIME MANAGEMENT PLAN” means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area.

(12) “MATCHING FUNDS” means those funds provided by the local sponsor to the project.

(13) “MEMBER COUNTY” means a county located within the taxing boundaries of the District that includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade Counties.

(14) “PRE-AGREEMENT COSTS” means project costs approved by the District Board which have occurred prior to the execution of the project agreement.

(15) “PROGRAM” means the Florida Inland Navigation District Cooperative Assistance Program.

(16) “PROGRAM FUNDS” means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement.

(17) “PROJECT” means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public.

(18) “PROJECT AGREEMENT” means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project.

(19) “PROJECT MAINTENANCE” means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose.

(20) “PROJECT MANAGER” means the District employee who is responsible for monitoring the performance of the project and compliance with the project agreement.

(21) “PROJECT PERIOD” means the approved time during which costs may be incurred and charged to the funded project.

(22) “PROJECT SPONSOR” means an eligible governmental agency receiving program funds pursuant to an approved application.

(23) “PUBLIC BUILDING” means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination.

(24) “PUBLIC MARINA” means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price.

(25) “PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS” means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District’s waterways to serve the infrastructure needs of the District’s waterway users.

(26) “WATERWAYS” means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways.

(27) “WATERWAY RELATED ENVIRONMENTAL EDUCATION” means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; obtains information on the history, importance, economics, condition and future of the Intracoastal Waterway; and becomes motivated to apply action strategies to maintain a balance between quality of life and quality of the environment of waterways.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 2-6-97, Formerly 16T-1.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 2-22-10, 3-7-11, 4-4-21.

Fla. Admin. Code R. 66B-1.004 Policy

The following constitutes the policy of the District regarding the administration of the program.

(1) Financial Assistance Eligibility: Eligible federal, state and regional agencies may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach nourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. Eligible projects shall include the acquisition and development of public boat ramps, launching facilities, and public boat docking and mooring facilities, including those in man-made, navigable waterways contiguous to “waterways” as defined in Rule 66B-1.003, F.A.C.

(2) Notification: The District will notify, by direct mail, email and/or advertised public notice, all eligible state agencies of the program and the upcoming authorized submission period.

(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.

(4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties.

(5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District’s waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone.

(6) Project Maintenance: The project sponsor 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 health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities.

(7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District’s intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District.

(8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public.

(9) Third-Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight at a minimum will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule.

(10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District.

(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project’s enterprise fund will be submitted as part of any subsequent assistance program application to the District.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History–New 12-17-90, Amended 2-6-97, Formerly 16T-1.004, Amended 5-17-98, 3-31-99, 3-5-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 3-7-11, 3-7-12, 1-27-14, 2-17-15.

Fla. Admin. Code R. 66B-1.005 Funds Allocation

The Board will allocate funding for this program based upon the District’s overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible state and regional agencies of the availability of program funding and the authorized submission period. Applications will be reviewed by the Board utilizing FIND Form No. 15-15 Cooperative Assistance Program Application and Evaluation Worksheet (effective date 1-1-25) hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17809 or available from the District office or by download from the District’s webpage at: www. aicw.org..

(1) Funding Assistance Availability: The Board will allocate funding for this program based upon the District’s overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year.

(2) Project Funding Ratio: All financial assistance and support to eligible state and regional agencies shall require, at minimum, equal matching funds from the project sponsor’s own budget, with the exception of public navigation projects that meet the provisions of subsection 66B-1.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-1.005(7), and Rule 66B-1.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-1.014, F.A.C., and projects approved in counties recovering from a state of emergency. Applicant’s in-house costs are limited pursuant to paragraph 66B-1.007(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty (50) percent of the state share of the cost of an inlet project. The District shall not contribute funding to both the state and local shares of an inlet management project.

(3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 66B-1.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project’s total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-1, F.A.C.

(4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting over 50% of the total assistance funding available for the program, will be reviewed and approved by the Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests.

(5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects:

(a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to public navigation in the District. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation.

(b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project project, the Board shall make a finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S.

(a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project;

(b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. All other public navigation projects or project elements must have a minimum of one facility open to the public and will only qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use.

(7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in perpetuity after completion of construction, the District shall require the applicant to refund the program funding.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History–New 12-17-90, Amended 2-6-97, Formerly 16T-1.005, Amended 5-17-98, 3-31-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 5-15-16, 4-4-21, 5-15-25.

Fla. Admin. Code R. 66B-1.006 Application Process

(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small-Scale Spoil Island Restoration and Enhancement Projects, eligible Small-Scale Derelict Vessel Applications, and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period which shall be established by vote of the Board at a scheduled meeting.

(2) Application Form: FIND Form No. 15-15 Cooperative Assistance Program Application and Evaluation Workshee (effective date 1-1-25) is hereby incorporated by reference in Rule 66B-1.005, F.A.C. and available from the District office. All applications for financial assistance and support through this program shall be made on this form. With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, the Small-Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from state agencies shall also be made on FIND Form No. 15-15 Cooperative Assistance Program Application and Evaluation Worksheet and shall include a detailed cost estimate submitted on FIND Form No. 15-20 Cooperative Assistance Program Project Cost Estimate (effective date 1-1-25), hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-18019 or available from the District office. In addition, all applicants shall submit a complete and detailed FIND Form No. 15-25 Cooperative Assistance Program Project Timeline (effective date 1-1-25), hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17811 or available from the District office.

(3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 15-30 Resolution for Assistance Under the Florida Inland Navigation District Cooperative Assistance Program (effective date 1-1-25) hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17812 or available from the District office.

(4) Attorney’s Certification: If the application is for a project that is a land based development project the applicant shall submit FIND Form Number 15-35 Attorney’s Certification of Title (effective date 1-1-25) hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17814 or available from from the District office.

(5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects.

(6) Application Review: If the proposed project is a construction project within a single County, prior to submitting the application to the District office, applicants shall obtain the local FIND Commissioner’s initials on FIND Form No. 15-10 Cooperative Assistance Program Applicant Checklist (effective date 1-1-25) hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-18020 or available from the District office. It is the applicant’s responsibility to make timely arrangements for the local FIND Commissioner’s review. If the proposed project is a regional project, a pre-application meeting will be held with District staff prior to formal submission of the application. In the absence of extenuating circumstances outside of the applicant’s control as determined by the Board of Commissioners, a single County application shall not be considered complete if it does not include the local FIND commissioner’s initials on FIND Form No. 15-10.

Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the FIND Form No. 15-10 Cooperative Assistance Program Applicant Checklist, and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, Staff will immediately inform the applicant by mail or email. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-1.006, F.A.C., and any other information requirements identified in FIND Form No. 15-10 Cooperative Assistance Program Applicant Checklist, but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-1, F.A.C.

(7) Interlocal Agreements: The District may enter into interlocal agreements to accomplish the goals of this program provided that funds are determined to be available based upon the District’s overall goals, management policies, fiscal responsibilities and operational needs at the time of the request. Interlocal agreements will be considered by the Board at any time upon submission of a proposal on the forms of this program. Interlocal agreements under this program shall be in compliance with chapters 374 and 163, F.S., and will only be approved for multi-agency projects that involve more than one project site or more than one political sub-division of the state, will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District’s long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District’s long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or will have multiple funding partners including the Corps of Engineers as the project manager. Interlocal agreements may include participation in government sponsored projects at privately owned waterway related facilities that serve the public on a first come, first serve basis. Applications that the Board determines meet the criteria set forth in subsection 66B-1.005(5), F.A.C., can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify applications that appear to meet these criteria and present them to the Board for its determination as to the funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement, permitting and property control requirements.

(8) Application Presentations: Applications determined to be complete and in compliance with this rule shall be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request.

(9) Application Evaluation: Following the presentations, the Board will review the applications and evaluate them using FIND Form No. 15-15 Cooperative Assistance Program Application and Evaluation Worksheet. The total points awarded to each application by the Commissioners will be averaged to determine an application’s final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application.

(10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 2-6-97, Formerly 16T-1.006, Amended 3-5-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 4-10-13, 5-15-25.

Fla. Admin. Code R. 66B-1.007 Application Form

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.007, Repealed 7-30-02.

Fla. Admin. Code R. 66B-1.008 Project Eligibility

(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, and inlet management, maritime management planning, environmental mitigation and beach re-nourishment directly related to the waterways.

(a) Program funds may be used for projects such as acquisition planning, development, construction, reconstruction, extension or improvement, of the following for public use on land and water:

Public navigation channel dredging,
Public navigation aids and markers,
Inlet management projects that are a benefit to public navigation in the District,
Public shoreline stabilization directly benefiting the District’s waterway channels,
Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access,
Waterway signs and buoys for safety, regulation or information,
Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities,
Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities,
Derelict Vessel Removal,
Waterways related environmental education programs and facilities,
Public fishing and viewing piers,
Public waterfront parks and boardwalks and associated improvements,
Maritime Managmement Planning,
Waterways boating safety programs and equipment,
Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and,
Environmental restoration, enhancement or mitigation projects; and,
Other waterway related projects. Navigation projects that do not meet specific criteria in subsection 66B-1.005(6), F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of “other waterway related project” and eligible for 25% funding.

(b) Ineligible Projects or Project Elements: Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition that is not for additional trailer parking at an existing boat ramp, irrigation equipment, ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following:

Landscaping that does not provide shoreline stabilization or aquatic habitat,
Restrooms for non-waterway users,
Roadways providing access to non-waterway users,
Parking areas for non-waterway users,
Utilities for non-waterway related facilities,
Lighting for non-waterway related facilities,
Project maintenance and maintenance equipment,
Picnic shelters and furniture for non-waterway related facilities,
Vehicles to transport vessels,
Operational items such as fuel, oil, etc.,
Office space that is not incidental and necessary to the operation of the main eligible public building,
Conceptual project planning, including: cost-benefit analysis, public surveys, opinion polls, public meetings, and organizational conferences; and,
Inlet maintenance.

The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor:

a. Project management, administration and inspection,

b. Design, permitting, planning, engineering or surveying costs for completed construction project,

c. Restoration of sites disturbed during the construction of an approved project; and,

d. Equipment costs.

Before reimbursement is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the project approved and executed by the project sponsor and project contractor must be submitted to the District.

Marine fire-fighting, Marine law enforcement and other vessels are eligible for a maximum of $125,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant.
Waterway related environmental education facility funding will be limited to those project elements directly related to the District’s waterways.

(d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review.

(2) Property Control: The site of a new proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 35 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if:

(a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or

(b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or

(c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map.

(3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters stating such permits or authorizations are not required shall result in the application not being considered for funding.

(4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Certification that revenues generated by a marina facility are exclusively allocated to the operation, maintenance and improvement of the public marine facility will be required to be submitted with the application and, if approved, thereafter on an annual basis using form No. FIND 03-01 (effective date 3-3-04), hereby incorporated by reference and available from the District office.

(5) The District may assist eligible governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community.

(a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process.

(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following:

Public boat ramp and ramp parking inventory and analysis.
Public mooring and docking facility analysis, including day docks and transient slips.
Commercial and working waterfront identification and needs analysis.
The identification, location, condition and analysis of existing and potential navigation channels.
An inventory and assessment of accessible public shorelines.
Public waterway transportation needs.
Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities.
Economic conditions affecting the boating community and boating facilities.
Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway.

(c) Projects requested for assistance program funding shall be consistent with the applicant’s maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects.

(6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District’s Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible.

(7) Final Decisions: The Board will make all final decisions on the eligibility of a project or specific project costs.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 12-17-90, Amended 2-6-97, Formerly 16T-1.008, Amended 5-17-98, 3-31-99, 3-5-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 4-4-21, 3-9-23, 3-11-24.

Fla. Admin. Code R. 66B-1.009 Project Administration

The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant’s staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows:

(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year.

(2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed.

(3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner’s concurrence. A minor project amendment shall not change the approved projects category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project’s location or a change in the approved project’s purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement.

(4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on an Assistance Program Project Quarterly Status Report, Form 95-02 (effective date 7-30-02) hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address.

(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project.

(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project.

(7) Project Completion: The project shall be completed within three (3) years of the beginning of the District’s first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period.

(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager:

(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02) hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans.

(b) A final reimbursement request accompanied by all required billing statements and vouchers.

(d) Photograph(s) of the completed project clearly showing the program improvements.

(9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.009, Amended 3-21-01, 7-30-02, 3-7-11, 1-27-14.

Fla. Admin. Code R. 66B-1.010 Project Amendment

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.010, Amended 3-21-01, Repealed 7-30-02.

Fla. Admin. Code R. 66B-1.011 Reimbursement

The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis unless otherwise authorized by the Board. Board authorization shall only be given if the applicant can demonstrate that the project cannot be accomplished otherwise. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. However, the Board may approve the payment of all or a portion of the program funds upon the execution of the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office.

(1) Project Reimbursement: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding that the Board has agreed to fund, or (2) the maximum application funding assistance amount.

(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled.

(3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation, such as billing statements for work performed and cancelled payment vouchers for expenditures made.

(4) Retainage: The District shall retain ten (10%) percent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement.

(5) Advanced Payment: For those projects where the Board approves payment of project funds in advance, the project sponsor shall provide an accounting of the expended program funds prior to the expiration date of the contract. Any program funds not expended pursuant to the Project Agreement shall be reimbursed to the District.

(6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost-share percentage, the project sponsor shall proportionately reimburse the District’s program funds equal to the cost-share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.011, Amended 3-31-99, 7-30-02, 3-7-11.

Fla. Admin. Code R. 66B-1.012 Accountability

The following procedures shall govern the accountability of program funds:

(1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds.

(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-1.009(4), F.A.C.

(3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-1.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds.

(4) Auditing: All project records including project costs shall be available for review by the District, or by an auditor selected by the District, for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor.

(5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters.

(6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.012, Amended 7-30-02.

Fla. Admin. Code R. 66B-1.013 Acknowledgement

The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District’s participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District’s participation. If the final product of the project is a report, study or other publication, the District’s sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District’s logo and a statement of the District’s participation in the project shall be contained in the display.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-1.013, Amended 2-22-10.

Fla. Admin. Code R. 66B-1.014 Small-Scale Spoil Island Restoration and Enhancement Projects

Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District’s waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) Application Procedure – A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02 Call for Proposals – Small-Scale Spoil Island Restoration and Enhancement Program, effective date 3-20-03, hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year.

(2) Matching Funds – Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant’s ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B-1.014(4)(b), F.A.C.

(3) Eligibility – All proposals must meet the following eligibility criteria to be considered for funding:

(a) Management Plan Compliance – Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site.

(b) Property Control – The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application.

(4) Funds Allocation – Funds shall be allocated pursuant to Rule 66B-1.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions:

(a) The District shall fund a maximum of up to $20,000 per project, not to exceed $60,000 per County, per fiscal year.

(b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will be valued at the Independent Sector estimated national value of each volunteer hour. No administrative costs can be incorporated into the Project as Project costs.

(c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, trash removal and management, sign installation, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 3-20-03, Amended 4-24-06, 3-7-11, 4-4-21, 3-11-24, 5-15-25.

Fla. Admin. Code R. 66B-1.015 Small-Scale Derelict Vessel Removal Projects

Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District’s waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) Application Procedure – Applications shall be submitted on a completed FIND Form No. 05-01 (Small-Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small-Scale Derelict Vessel Removal Program – Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year.

(2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules.

(3) The program must be sponsored by an eligible government agency or not-for-profit organization.

(4) District funding shall be limited to $150,000 per county, per year, provided on a reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-1.005(3), F.A.C.

(5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District’s cost-share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs.

(6) The derelict vessel must be located in the District’s Waterways, as defined in Rule 66B-1.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application.

(7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program.

(8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant.

(9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program.

(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant’s derelict vessel removal program.

(11) The District Board shall make all final decisions concerning the provision of funding for this program.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 4-4-21, 3-9-23, 3-11-24.

Fla. Admin. Code R. 66B-1.016 Waterways Cleanup Events

Proposals shall be accepted for financial assistance for the organized removal of refuse within the District’s waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year.

(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below.

(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation.

(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below.

(5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program.

(6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages.

(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program.

In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds.

(8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding.

(9) The applicant shall tally and report the composition and location of the waterway-related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up.

(10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 3-7-11.

Chapter 66B-2 WATERWAYS ASSISTANCE PROGRAM

Fla. Admin. Code R. 66B-2.001 Purpose

Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District’s policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District’s Waterways Assistance Program.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-2.001.

Fla. Admin. Code R. 66B-2.002 Forms

All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-2.002.

Fla. Admin. Code R. 66B-2.003 Definitions

The basic terms utilized in this rule are defined as follows:

(1) “APPLICANT” means an eligible governmental agency submitting an application through this program.

(2) “APPLICATION” means a project proposal with the required documentation.

(3) “AUTHORIZED SUBMISSION PERIOD” means the established period for submitting applications to the District.

(4) “BEACH RENOURISHMENT” means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach.

(5) “BOARD” means the Board of Commissioners of the Florida Inland Navigation District.

(6) “DISTRICT” means the Florida Inland Navigation District (FIND).

(7) “ELIGIBLE GOVERNMENTAL AGENCY” means member counties, local governments and navigation related districts within the taxing boundaries of the District.

(9) “EXECUTIVE DIRECTOR” means the Executive Director of the Florida Inland Navigation District.

(10) “LIAISON AGENT” means the contact person officially designated to act on behalf of the applicant or the project sponsor.

(11) “LOCAL GOVERNMENTS” means municipalities, cities, or consolidated county governments, which are located within the member counties.

(12) “MARITIME MANAGEMENT PLAN” means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area.

(13) “MATCHING FUNDS” means those funds provided by the local sponsor to the project.

(14) “MEMBER COUNTY” means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade Counties.

(15) “NAVIGATION RELATED DISTRICTS” means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District.

(16) “PRE-AGREEMENT COSTS” means project costs approved by the District Board which have occurred prior to the execution of the project agreement.

(17) “PROGRAM” means the Florida Inland Navigation District Waterways Assistance Program.

(18) “PROGRAM FUNDS” means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement.

(19) “PROJECT” means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public.

(20) “PROJECT AGREEMENT” means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project.

(21) “PROJECT MAINTENANCE” means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose.

(22) “PROJECT MANAGER” means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement.

(23) “PROJECT PERIOD” means the approved time during which costs may be incurred and charged to the funded project.

(24) “PROJECT SPONSOR” means an eligible governmental agency receiving program funds pursuant to an approved application.

(25) “PUBLIC BUILDING” means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination.

(26) “PUBLIC MARINA” means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price.

(27) “PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS” means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District’s waterways to serve the infrastructure needs of the District’s waterway users.

(28) “WATERWAYS” means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. Solely for the purpose of navigation channel dredging, man-made canals shall be considered eligible waterways provided they are owned by or dedicated to a governmental entity and connect to the Atlantic Intracoastal Waterway.

(29) “WATERWAY RELATED ENVIRONMENTAL EDUCATION” means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 3-25-21, 1-26-26.

Fla. Admin. Code R. 66B-2.004 Policy

The following constitutes the policy of the District regarding the administration of the program:

(1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows:

(a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways.

(b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways.

(c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects.

(d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to “waterways” as defined in Rule 66B-2.003, F.A.C.

(2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period.

(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.

(9) Third-Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History–New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15.

Fla. Admin. Code R. 66B-2.005 Funds Allocation

The Board will allocate funding for this program based upon the District’s overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District’s ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing FIND Form No. 25-15 Waterways Assistance Program Application and Evaluation Worksheet (effective date 1-1-25), hereby incorporated by reference and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17820, and available from the District office or by download from the District’s webpage at: www.aicw.org.

(1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to ninety (90) percent of the proportional share of the District’s ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District’s overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S.

(2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7), and Rule 66B-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, F.A.C., derelict vessel projects consistent with Rule 66B-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C., and projects approved in counties recovering from a state of emergency. Applicant’s in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project.

(3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project’s total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C.

(4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests.

(b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S.

(6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right-of-Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as boat ramp, marina or pier) will be prioritized according to the associated use. Dredging of a canal or channel not associated with another use (such as a boat ramp, marina or pier) that does not provide access to at least one publicly accessible launching, mooring or docking facility will be prioritized as “other waterway related project”.

In addition, the following shall apply:

(b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels.

Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding.

(8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port’s activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District’s ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History–New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14, 5-15-16, 3-25-21, 5-14-25, 1-26-26.

Fla. Admin. Code R. 66B-2.006 Application Process

(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small-Scale Spoil Island Restoration and Enhancement Projects eligible Small-Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting.

(2) Application Forms: FIND Form No. 25-15 Waterways Assistance Program Project Application and Evaluation Worksheet (effective date 1-1-25), hereby incorporated by reference in Rule 66B-2.005, F.A.C. and available from the District office. With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, the Small-Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on FIND Form No. 25-15 Waterways Assistance Program Project Application and Evaluation Worksheet and shall include a detailed cost estimate submitted on FIND Form No. 25-20, Waterways Assistance Program Project Cost Estimate, (effective date 1-1-25), hereby incorporated by reference and available at: https://flrules.org/Gateway/reference.asp?No=Ref-17821, and available from the District office. In addition, all applicants shall submit a complete and detailed FIND form No. 25-25 Waterways Assistance Program Project Timeline (effective date 1-1-25), hereby incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-17822, and available from the District office.

(3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 25-30, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 1-1-25), hereby incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-18021, and available from the District office.

(4) Attorney’s Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney’s Certification of Title, FIND Form 25-35 Attorney’s Certification of Title (effective date 1-1-25), hereby incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-17824, and available from the District office.

(6) Application Review: Prior to submitting the application to the District office, applicants shall obtain the local FIND Commissioner’s initials on FIND Form No. 25-10 Waterways Assistance Program Applicant Checklist 25-10 Waterways Assistance Program Applicant Checklist (effective date 1-1-25), hereby incorporated by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-17825, and from the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner’s review. In the absence of extenuating circumstances outside of the applicant’s control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner’s initials on FIND Form No. 25-10. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in FIND Form No. 25-10 Waterways Assistance Program Applicant Checklist, and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail or email. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in FIND Form No. 25-10 Waterways Assistance Program Applicant Checklist, but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C.

(7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District’s long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District’s long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements.

(8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request.

(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using FIND Form 25-15 Waterways Assistance Program Application and Evaluation Worksheets. The total points awarded to each application by the Commissioners will be averaged to determine an application’s final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14, 5-14-25.

Fla. Admin. Code R. 66B-2.0061 Disaster Relief Applications

Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2), F.A.C. The District shall consider these applications in accordance with these rules.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4-24-06, 3-25-21.

Fla. Admin. Code R. 66B-2.007 Application Form

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02.

Fla. Admin. Code R. 66B-2.008 Project Eligibility

(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment.

(a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application.

Public navigation channel dredging,
Public navigation aids and markers,
Inlet management projects that are a benefit to public navigation in the District,
Public shoreline stabilization directly benefiting the District’s waterway channels,
Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access,
Waterway signs and buoys for safety, regulation or information,
Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities,
Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities,
Derelict Vessel Removal,
Waterways related environmental education programs and facilities,
Public fishing and viewing piers,
Public waterfront parks and boardwalks and associated improvements,
Maritime Management Planning,
Waterways boating safety programs and equipment,
Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and,
Environmental restoration, enhancement or mitigation projects; and,
Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)1.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of “other waterway related project” and eligible for 25% funding except that a county with a population under 250,000 according to the Florida Office of Economic and Demographic Research shall be eligible for 50% funding for navigation dredging projects. In addition, navigation dredging projects in man-made canals shall require the following:

a. the local government sponsor shall have an approved placement facility for storage, processing and/or disposal of dredged material;

b. the local government sponsor shall establish a long term dredge material management plan for the public man-made canals in its jurisdiction; and

c. the local government sponsor shall provide at least fifty percent (50%) of the required matching funds through general taxes or special assessment of the benefitted properties.

(b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following:

Landscaping that does not provide shoreline stabilization or aquatic habitat,
Restrooms for non-waterway users,
Roadways providing access to non-waterway users,
Parking areas for non-waterway users,
Utilities for non-waterway related facilities,
Lighting for non-waterway related facilities,
Project maintenance and maintenance equipment,
Picnic shelters and furniture for non-waterway related facilities,
Vehicles to transport vessels; and,
Operational items such as fuel, oil, etc.
Office space that is not incidental and necessary to the operation of the main eligible public building; and,
Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and,
Inlet maintenance.

The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor:

a. Project management, administration and inspection,

b. Design, permitting, planning, engineering or surveying costs for completed construction project,

c. Restoration of sites disturbed during the construction of an approved project,

d. Equipment costs.

Before reimbursement is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District.

Marine fire-fighting, Marine law enforcement and other vessels are eligible for a maximum of $125,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant.
Waterway related environmental education facility funding will be limited to those project elements directly related to the District’s waterways.

(2) Property Control: The site of a proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. Any change in such dedication shall require the prior approval of the District. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if:

(a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or

(5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community.

(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following:

Public boat ramp and ramp parking inventory and analysis.
Public mooring and docking facility analysis, including day docks and transient slips.
Commercial and working waterfront identification and needs analysis.
The identification, location, condition and analysis of existing and potential navigation channels.
An inventory and assessment of accessible public shorelines.
Public Waterway transportation needs.
Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities.
Economic conditions affecting the boating community and boating facilities.
Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway.

(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 3-25-21, 3-9-23, 3-11-24, 1-26-26.

Fla. Admin. Code R. 66B-2.009 Project Administration

(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the project sponsor of a request for extension to the District no later than July of fiscal year two of the approved project. This request will then be considered by the District Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. For projects in the categories of: (i) acquisition of public commercial/industrial waterway access; (ii) acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; (iii) acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; (iv) public fishing and viewing piers; (v) and public waterfront parks and boardwalks and associated improvements; the project agreement shall include a provision that in the event the project sponsor initiates, applies for, adopts, approves, or otherwise implements any new or expanded restrictions on public boating access in proximity to the project (“Public Boating Restrictions’) during the project period, or for a period of tweny (20) years following completion of the project, without the prior written consent of the District, the project sponsor shall immediately refund the full assistance amount awarded under the agreement. Public Boating Restrictions under this rule shall include, but are not limited to, restrictions or limitations on operating, anchoring, vessel size or type, public access, mooring, or other navigational uses not previously in effect as of the date of the agreement. The distance from the project that Public Boating Restrictions shall require a refund will be determined on a case-by-case basis taking into account the nature of the project and the distance from the channel of the Intracoastal Waterway.

(3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner’s concurrence. A minor project amendment shall not change the approved project’s category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project’s location or a change in the approved project’s purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules.

(4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on FIND Form 25-40, Assistance Program Project Quarterly Status Report, (effective date 1-1-26), hereby incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-18986 and available from the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address.

(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District.

(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project.

(7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District’s first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period.

(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager:

(a) FIND Form No. 25-45 Project Completion Certificate (effective date 1-1-26), hereby incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-18987 and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans.

(b) A final reimbursement request accompanied by all required billing statements and vouchers.

(d) Photograph(s) of the completed project clearly showing the program improvements.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02, 3-7-11, 1-27-14, 3-25-21, 1-26-26.

Fla. Admin. Code R. 66B-2.010 Project Agreement

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 9-5-96, Formerly 16T-2.010, Amended 3-21-01, Repealed 7-30-02.

Fla. Admin. Code R. 66B-2.011 Reimbursement

The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Payment Reimbursement Request Form and required supporting documents submitted on FIND Form No. 25-50 Payment Reimbursement Form (effective date 1-1-26), hereby incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-18988 and available from the District office.

(1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of:

(a) The percentage total of project funding that the Board has agreed to fund, or

(b) The maximum application funding assistance amount.

(3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made.

(4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement.

(5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02, 3-7-11, 1-26-26.

Fla. Admin. Code R. 66B-2.012 Accountability

The following procedures shall govern the accountability of program funds:

(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C.

(3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds.

(4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-2.012, Amended 7-30-02.

Fla. Admin. Code R. 66B-2.013 Acknowledgement

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 12-17-90, Formerly 16T-2.013, Amended 2-22-10.

Fla. Admin. Code R. 66B-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects

(1) Application Procedure – A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02 Call for Proposals – Small-Scale Spoil Island Restoration and Enhancement Program (effective date 1-1-26), hereby incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-18990 and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year.

(2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant’s ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C.

(3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding:

(a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site.

(b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application.

(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions:

(a) The District shall fund a maximum of up to $20,000 per project, not to exceed $60,000 per County, per fiscal year.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 7-30-02, Amended 4-24-06, 3-7-11, 3-25-21, 3-11-24, 5-14-25, 1-26-26.

Fla. Admin. Code R. 66B-2.015 Small-Scale Derelict Vessel Removal Projects

Proposals shall be accepted for financial assistance for the removal of derelict vessels as defined in section 823.11, Florida Statute, within the District’s waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) Application Procedure – Applications shall be submitted on a completed FIND Form No. 05-01 Small-Scale Derelict Vessel Removal Program Application (effective date 1-1-26), hereby incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-18991 and available from the District office, and FIND Form No. 01-06 Small-Scale Derelict Vessel Removal Program – Project Cost Estimate (effective date 1-1-26), hereby incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-18992 and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year.

(3) The program must be sponsored by an eligible government agency or not-for-profit organization.

(4) District funding shall be limited to $150,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C.

(6) The derelict vessel must be located in the District’s Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application.

(7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program.

(9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program.

(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant’s derelict vessel removal program.

(11) The District Board shall make all final decisions concerning the provision of funding for this program.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 3-25-21, 3-9-23, 3-11-24, 1-26-26.

Fla. Admin. Code R. 66B-2.016 Waterways Cleanup Events

(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below.

(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation.

(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below.

(5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program.

(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program.

In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds.

(8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History–New 3-7-11.

Fla. Admin. Code R. 66B-3.001 Purpose

The Florida Inland Navigation District, as the designated state or local sponsor of the Atlantic Intracoastal, Intracoastal and a portion of the Okeechobee Waterway projects is required by congressional acts and by Section 374, F.S., to provide all lands, free of cost, required by the federal government for the construction, operation and maintenance of the waterway projects. The purpose of this rule is to set forth the procedures that the District will utilize to acquire the required lands when they are needed. This program will be known hereafter as the Florida Inland Navigation District’s Land Acquisition Program.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.002 Definitions

(1) “Approved Appraisal” means an appraisal that has been accepted by the District for use in calculating the amount that the District can pay for property.

(2) “Certified Survey” means a boundary survey which is certified to the District and the title company designated as the agent, signed and sealed by a professional Florida licensed surveyor and mapper authorized to practice surveying in the State of Florida. The survey must be approved by the District as being in compliance with the Minimum Technical Standards of Surveying in the State of Florida, as established by the Florida Department of Professional Regulation, and such additional requirements required by the applicable contract between the District and the landowner(s). The survey shall accurately portray to the greatest extent practicable the condition of the parcel as it currently exists. The survey must have been certified to the District, the title company and agent/law firm designated by the District within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner’s title policy and the District.

(3) “Cooperating Agency” means a local government, water management district, member county, special taxing district, or navigation related district that has entered into an acquisition agreement with the District to acquire specific property.

(4) “Evidence of Marketable Title” means assurance of the marketability of the land being acquired, in the form of a marketability title commitment and policy (ALTA Form B). The coverage, form and exceptions of either title insurance or title opinion shall be as required by the applicable contract between the District and the landowner(s). The terms “Title Policy” and “Title Opinion” are included within this definition.

(5) “Fee Appraiser” means the person performing an appraisal of property for the District who is a “State Certified Appraiser” in accordance with this rule and who holds a MAI designation.

(6) “Land” or “Property” means the interest in real property to be acquired, together with all appurtenances.

(7) “Landowner” or “Owner” or “Seller” means the owner of the land or his authorized agent.

(8) “Market Value” means the most probable price in cash or terms equivalent to cash for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently and knowledgeably, and assuming that neither is under undue duress.

(9) “Option Agreement” means a purchase instrument which becomes binding on both parties at the time of execution, but subject to Board approval and to exercise of an option or options.

(10) “Purchase Agreement” means a contract to purchase property which becomes binding on both parties at the time of execution, but subject to Board approval.

(11) “Purchase Instrument” means the various types of contracts to purchase property, including purchase agreements, option agreements, exchange agreements and other forms of such agreements.

(12) “State Certified General Appraiser” means a real estate appraiser who has been certified by the Florida Board of Real Estate Appraisers as a certified general appraiser under the provisions of Chapter 475, F.S.

(13) “Title Commitment” means a written agreement binding a title insurance company to provide a policy insuring marketability of title for a specified time in the name of the District in the amount of the purchase price, or other appropriate value, complying with the requirements of the applicable form(s) approved for use in the State of Florida by the Department of Financial Services and further complying with such additional terms, if any, contained in a contract between the District and the landowners(s).

Rulemaking 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.003 Noticing

Prior to acquiring any property for the deposit of dredged material, the District shall perform the noticing required in section 374.984(1), F.S.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.004 General Requirements

(1) Land acquisition procedures provided for in this part of the rule are for voluntary, negotiated acquisitions under purchase agreements for purchase, option or exchange. The purpose and intent of this section is to provide uniform and efficient procedures for the acquisition of interests in real property title to which will vest in the District, in accordance with legal requirements and sound business practice.

(2) Neither the Board nor its agent shall commit the District to the purchase of land, through any instrument of negotiated contract or agreement for purchase, unless the provisions of this rule, have been complied with.

(3) Prior to the District initiating acquisition of property, the District shall contact the Department of Environmental Protection’s Division of State Lands to determine the availability of existing suitable state-owned lands in the area which meet the public purpose for which the acquisition is being proposed. If the District determines that no suitable state-owned lands exist, it may proceed to acquire the property by employing this rule and all available statutory authority for acquisition.

(4) All conveyances to the District of fee title in land shall be by no less than a special warranty deed, unless the conveyance is from another governmental agency, or, if a gift or donation is made by quitclaim deed and the Board or its designee, determines that accepting such quitclaim deed is adequate to convey fee title in the land to the District, with the District basing such determination on its review of title reports and receipt of adequate title insurance coverage. The District may accept a quitclaim deed to aid in clearing title or boundary questions.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.005 Title Reports

(1) In order for the District to obtain accurate appraisals, the District shall obtain an adequate legal description of the property to be acquired sufficient to inform the District and the fee appraisers of the boundaries of the property so that the fee appraiser can determine the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history.

(2) Final evidence of marketable title shall be provided prior to the conveyance of title. The form and content of such evidence of marketable title is subject to the approval of the District in order to assure that the District’s interests are fully protected. If a title policy is to be furnished as evidence of marketable title, the final policy must be preceded by a title commitment. Title insurers issuing title policies, abstractors preparing abstracts, and attorneys issuing marketability opinions must be licensed in the State of Florida, in order to assure that the District’s interests are fully protected.

(3) The District shall waive the requirement of the evidence of marketability for acquisition of property assessed by the county property appraiser at $15,000 or less, where the District finds, based upon such review of the title records as is reasonable under the circumstances, that there is no apparent impediment to marketability, or to management and use of the property by the District.

(4) Unless otherwise stated by the District, the objective of negotiations for acquisition of property is to obtain all the landowners rights, title and interest in the property, together with such rights as are necessary for the planned use and management of the property. All exceptions, reservations, encroachments or other adverse conditions which are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the District and evaluated in writing as to possible adverse effect on the objectives of the District in acquiring the property. All such matters potentially having an adverse effect on acquisition, management and use by the District which become apparent prior to Board approval will be disclosed to the Board at the time of approval.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.006 Appraisal Map or Survey

For each parcel of property the District shall obtain a certified survey containing an adequate legal description of the property. In cases in which a survey cannot be practically completed or in which the cost of the survey would be prohibitive relative to the expected value of the parcel, the requirement for such certified survey shall be waived by the Board.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.007 Appraisal Procedures

(1) All appraisal reports shall be prepared by or under the direct supervision of a State Certified General Appraiser, who shall sign the appraisal report.

(2) The District shall provide to the fee appraiser all pertinent title information developed, a specification of the rights to be acquired, a list of items, if any, considered to be non-compensable, minimum appraisal requirements that apply, required appraisal forms or formats, and a certified survey or appraisal map.

(3) The appraisal report shall state any assumption made by the appraiser in determining market value and shall document and adequately support the fee appraiser’s estimate or conclusion as to value. The report shall include a description of the location, size, shape, topography, access, highway or water frontage, and present zoning of the property. It shall include a description of utilities, if any, and a detailed description of any appurtenances. The report shall address other factors relevant to the development potential of the property including, but not limited to, local government land use restrictions and permit moratoria, environmental sensitivity of the property, and the likelihood of obtaining any pending or required local, state or federal permits. In determining land value, the fee appraiser shall primarily consider the present market value of the property. This market value, as much as practicable, should be based on comparable arm’s length sales of similar property. If the fee appraiser uses comparable sales in determining land value, he shall thoroughly describe each such sale including the date of sale, a brief legal description, the present use, the highest and best use, the official record book and page where the transaction is recorded, the grantor and grantee, the purchase price, the terms and conditions of the sale, and when and with whom verified. The fee appraiser also shall consider the present use of the subject property, taking into consideration any local or state land use regulation and any moratorium imposed by executive order, law, ordinance, regulation, resolution, or proclamation adopted by any governmental body or agency or the Governor when the moratorium prohibits or restricts the development or improvement of property as otherwise authorized by applicable law. The report also shall address the highest and best use to which the property can be expected to be put in the immediate future. The term “immediate future” as used in this section means a period of time not to exceed five (5) years. In addition, the report also shall consider the cost of the property and the present depreciated reproduction/replacement costs of any improvements thereon, the condition of the property, and any income from the property.

(4) The report shall be accompanied by a sales history of the parcel for at least the prior five years. Such sales history shall list the parties to each transaction involving the subject parcel as well as the consideration paid with the amount of consideration verified, if possible. The report also shall show the tax assessed value for the previous five (5) years. If the sales history required by this section would not be useful or the cost would be prohibitive compared to the value of the parcel, it shall be waived by the Board.

(a) The history shall be deemed not useful for projects consisting of a large number of relatively similar size properties under separate ownership for which a multiple-ownership appraisal technique can be used.

(b) The cost will be considered to be prohibitive relative to the value of the parcel if the most recent assessed value for ad valorem tax purposes is $50,000 or less, including greenbelt agricultural, aquifer recharge, or other special exemptions.

(5) When two appraisals are required pursuant to this rule, a third appraisal shall be obtained if the two appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds one hundred and twenty (120) percent of the lower value. However, a third appraisal shall not be obtained if the decision is made by the District to attempt to negotiate an acquisition price of no more than one hundred and twenty (120) percent of the lower of the two appraisals.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.008 Determining the Maximum Amount

(1) The maximum amount that may be paid by the District for a parcel to be acquired shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergence.

(2) If two appraisals are required by law and their values do not differ significantly, the maximum amount that may be paid by the District for the parcel shall be the higher value indicated in the two approved appraisals.

(3) If a third appraisal is obtained and approved, the maximum amount that may be paid for the parcel shall be the value contained in the higher of the two closest appraisals as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, one hundred and twenty (120) percent of the lower of the two appraisals shall be the maximum value.

(4) No purchase offer by the District shall exceed the value for that parcel as determined pursuant to the highest approved appraisal or the value determined pursuant to these rules, whichever value is less, except under the following circumstances:

(a) The District has unsuccessfully attempted to negotiate a purchase, pursuant to the price restrictions in this subparagraph, for a period of two years after the date of the District’s first written offer on all or a substantial part of the parcel, during which there have been at least two bona fide offers at a purchase price at or within ten (10) percent below the limits prescribed by this subparagraph. The Board shall waive the two year period in cases in which it has directed the District to exercise eminent domain authority;

(b) The Board determines that the parcel meets the requirements for acquisition by eminent domain and that the cost of acquisition by eminent domain, including jury determination of compensation and other costs and fees provided for in Chapter 73 or 74, F.S., is likely to exceed the highest approved appraisal value of the parcel as otherwise determined pursuant by this rule. In this case, the total purchase price may not exceed one hundred and twenty five (125) percent of the limits otherwise prescribed by this subparagraph. The decision to acquire a parcel pursuant to paragraphs (a) and (b), must be made by a vote of a majority of the Board.

(c) In the case of a joint acquisition by a state agency and a local government or other entity apart from the District, the joint purchase price may not exceed one hundred and fifty (150) percent of the value for a parcel as determined in accordance with this rule. The District’s share of a joint purchase offer may not exceed what the District may offer singly as prescribed in this rule.

(5) When provided for pursuant to the terms of an informal acquisition agreement, the District shall also disclose appraisal information to or use an appraisal provided by a cooperating agency.

(a) If the District is disclosing the appraisal information, the agreement shall identify the individual who will have custody of the appraisal report, individuals within the cooperating agency who will have access to the appraisal information and require the written consent of the District prior to disclosing the information to any other person.

(b) If the cooperating agency is to provide the appraisal, the appraisal must be made by an appraiser meeting the District’s requirements for appraisers as set forth in this rule. Such appraisal shall be subject to the same confidentiality restrictions as an appraisal provided by the District.

(6) The District shall also disclose appraisal information to the owner of the property to be acquired if requested by the property owner and determined by the District that such disclosure will enhance the probability of a successful purchase.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.009 Appraiser Selection

The selection of fee appraisers shall be accomplished as follows.

(1) The District will determine whether the appraiser is a State Certified General Appraiser pursuant to subsection 66B-3.002(12), F.A.C., and is a MAI designated appraiser. The name of each appraiser who is determined to be eligible will be placed on a list of approved appraisers for the appraisal project.

(2) The District shall notify by direct mail those individuals whose names appear on the list of approved appraisers who have expressed a willingness to work in the specific area of an appraisal project.

(3) The District will accept and review proposals and select appraisers in response to requests for proposals. Proposals shall be evaluated to determine:

(a) The appraiser’s experience in appraising similar property within the neighborhood of the subject; and,

(b) The appraiser’s experience in appraising similar property outside the neighborhood of the subject; and,

(d) The appraiser’s proposed fee.

(e) The appraiser’s current or anticipated workload.

(f) The appraiser’s responses to any other specialized requirements or questions outlined in the request for proposal.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.010 Negotiations

(1) The lack of received and approved appraisals shall not prevent the District from negotiating and entering into a purchase agreement, so long as the purchase agreement provides that the final purchase price shall be established by the approved appraisals. All owner contact shall be documented in the appropriate acquisition file of the acquiring agency. Initial contact with the landowner by the acquiring agency may be established prior to negotiations, provided that such contact is limited to the following:

(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner’s permission for the District to inspect the property in order to determine its suitability for the purposes of the District.

(b) To ascertain or confirm the owner’s interest in conveying the property to the District.

(d) To discuss the matter of representation of the owner by an agent in any future negotiations, and the necessary confirmation by the owner of the agent's status.

(e) To request available title data.

(f) To advise of disclosure requirements.

(g) To request available property survey data.

(h) To discuss other information pertinent to the acquisition process in general.

(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. Under no circumstances will the final purchase price exceed the value established pursuant to this rule.

(3) Upon the initiation of negotiations the District shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. When the landowner is represented by an agent or broker negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the District.

(4) All offers and counter-offers shall be in writing.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.011 Purchase Instruments

(1) The final negotiated purchase shall be placed in the form of a written purchase instrument, signed by the owner and approved by the Board.

(2) The District may prepare and use any form of purchase instrument approved by the Board as meeting the intent of the law and this rule.

(3) Prior to the closing, the District will have obtained the following information:

(a) The original of the purchase instrument.

(b) A copy of the owner’s disclosure form, if required, under Section 286.23, F.S.

(d) The approved appraisal reports.

(e) A letter from the Department of Environmental Protection’s Division of State Lands stating that the inventory of existing State-owned lands was examined and contains no suitable available land for the District’s use.

(f) A written statement by the District outlining the public purpose for which the acquisition is being made, citing statutory authority.

(g) A written statement signed by the owner confirming the owner’s relationship with his agent, if any.

(h) A written confirmation by the District of the source and availability of funding for the acquisition.

(i) A copy of the current certified survey or appraisal map, approved by the District.

(j) All the details pertinent to the acquisition not included in this list or in the purchase instrument.

(4) The District shall submit the proposed acquisition to the Board for approval. The District shall supply a copy of the proposed purchase instrument and all supporting documentation or a list of all due diligence items to be obtained prior to the closing to the Board for its review.

(5) The Board must authorize all acquisitions of land, title to which will vest in the District, prior to purchase.

(6) The District shall consider an appraisal acquired by the seller, or any part thereof, in negotiating or approving any purchase, but such appraisal shall not be used in lieu of an appraisal required by this rule to determine the maximum offer allowed by law except as otherwise provided by this rule.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.012 Closing

(1) The Executive Director shall have the authority to modify the purchase instrument previously approved by the Board to extend the time for purchase, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for closing does not exceed one hundred and eighty (180) calendar days after the date contemplated in the purchase instrument approved by the Board. The Executive Director shall also have the authority to execute or modify all documents necessary for the implementation of Board action, including without limitation the purchase agreement, exchange agreement, leases, easements, legal descriptions, deeds, assignments, title policies and other miscellaneous agreements and affidavits, provided the modification does not change the substance nor the scope of Board approval, and provided the document executed or modified was either approved by the Board or contemplated by Board approval. Any changes in the purchase price to be paid to the seller not contemplated by the terms of the purchase instrument must be approved by the Board. An extension or modification may only be made under the terms of the purchase instrument, or with the seller’s agreement.

(2) The District shall obtain all disclosures of beneficial interest required in Section 286.23 F.S., before entering into a purchase instrument. All other disclosures shall be obtained no later than ten (10) days prior to closing. Appropriate disclosures shall be filed with the Department of State as required by law. Disclosures not required by statute shall be waived by the Board in the case of acquisitions of property for a price of $250,000 or less where the Board finds that the difficulty on the person providing such disclosures outweighs the value of the disclosed information to the District.

(3) The District shall be responsible for proper completion of the closing, proper recordation of all legal documents and payment of required fees.

(4) All original documents including recorded documents shall be forwarded to the District within thirty (30) days after receipt by the acquiring agency from the county clerk or closing agent. All such documents shall be accompanied by a written signed statement from the acquiring agency indicating that all documents have been approved as to form and legality by the attorney for the District.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.013 Multi-Party Acquisitions

(1) The District may enter into an acquisition agreement with a water management district, a local government, a member county, or a navigation related district for any property which has been determined in a long range dredged material management plan or plan update approved by the Board to be necessary for dredged material management of the Atlantic Intracoastal or Okeechobee Waterways in Florida.

(2) The District and a cooperating agency must execute an acquisition agreement prior to the cooperating agency obtaining title to, or any other legal interest in, the property to be acquired.

(3) An acquisition agreement may provide for the sharing of appraisals, offers, and other negotiation matters, between the District and cooperating agency. However, as a condition of the sharing of such confidential information, the cooperating agency must agree to maintain the confidentiality of appraisals, offers, and other negotiation matters, as required by Section 253.025, F.S., and this rule, and the agency must identify the individuals within the cooperating agency who will have access to confidential information, and obtain the consent of the District prior to disclosing the information to any other person.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99, Amended 3-25-21.

Fla. Admin. Code R. 66B-3.014 Property Exchanges

All exchanges of real property owned by the District for other land shall be approved by the Board in the same manner as other acquisitions, and shall be placed in the form of a written exchange agreement reviewed and approved by the Board.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.015 Property Donations

(1) Where the Board has determined that ownership of the land being offered to the District furthers one or more of the statutory duties of the District, the Board shall accept donations of land under the following conditions:

(a) The conveyance must be by no less than a special warranty deed, unless the conveyance is from another governmental agency or, if a gift or donation is made by quitclaim deed, and the Board determines that accepting such quitclaim deed is in the best interest of the public.

(b) Evidence of marketable title must be supplied either by the landowner or the District. The Board shall waive the requirement of evidence of marketability for acquisitions of property assessed by the county property appraiser at $10,000 or less, where the District finds, based upon such review of the title records as is reasonable under the circumstances, that there is no apparent impediment to marketability, or to management of the property by the state. The Board shall accept a dedication, gift, grant, or bequest of lands and appurtenances without formal evidence of marketability if, upon recommendation by the District, the Board determines that such lands and appurtenances have value and are reasonably manageable by the state, and that their acceptance is in the public interest.

(c) An acceptable survey must be submitted to and approved by the District. The survey requirement shall be waived by the Board, if donated lands are in their natural unimproved condition and no improvements are contemplated, if the donated lands are completely surrounded by District-owned lands, if a survey cannot practically be completed, or where the cost of the survey would be prohibitive relative to the expected value of the parcel. Where a survey requirement has been waived by the Board for either of the first two reasons set forth in the preceding sentence, the District shall have the ability to conduct its own survey and to consider the results of such survey in determining whether to accept the proposed donation of land.

(2) Appraisal of donated lands and appurtenances shall not be required as a condition of receipt of such land by the District.

(3) Where less than fee simple title is to be donated, or to aid in clearing the title or otherwise resolving a boundary or title question in any acquisition, the District shall accept less than a special warranty deed, provided District legal counsel recommends acceptance of such a conveyance.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(1)-(3) FS. History–New 8-17-99.

Fla. Admin. Code R. 66B-3.016 Acquisition through Condemnation

(1) The District will only utilize condemnation for land acquisition when the acquisition by voluntary, negotiated procedures has been unsuccessful.

(2) The District will utilize the procedures contained in Chapter 73 or 74, F.S., for condemnation. The Board will pass a resolution approving the acquisition of a specific property by condemnation.

History

Rulemaking Authority 374.984(3) FS. Law Implemented 374.984(4) FS. History–New 8-17-99.

Chapter 66A-1 GENERAL AND PROCEDURAL RULES

Fla. Admin. Code R. 66A-1.001 The District

(1) West Coast Inland Navigation District, also referred to as WCIND, was created pursuant to Chapter 23770, Laws of Florida (1947). WCIND is an independent, multi-county special taxing district composed of the Counties of Manatee, Sarasota, Charlotte and Lee.

(2) WCIND was created to implement the requirements and conditions imposed upon “local interests,” by the Congress of the United States of America, in its River and Harbor Act approved March 2, 1945, authorizing the improvement and construction of an inland waterway from the Caloosahatchee River, Florida, to the Anclote River, Florida. Part 211 of Title 33 – Navigation and Navigable Waters, of the Code of Federal Regulations, contains current regulations of the Corps of Engineers, Department of the Army, governing the Corps’ activities in connection with Federal civil works projects like the Intracoastal Waterway from the Caloosahatchee River, Florida to the Anclote River, Florida. These Federal regulations provide that no land shall be acquired on account of the United States except under a law authorizing such acquisition. (The Federal law authorizing the project is the River and Harbor Act approved by the Congress of the United States of America, on March 2, 1945.) The Federal regulations require local cooperation for civil works projects, meaning that local (non-Federal) interests are required to provide without cost to the United States, all lands, easements and rights-of-way for the construction of the projects. WCIND was created by The Florida Legislature in 1947 to provide the requisite local cooperation for the construction and maintenance of the waterway. WCIND is authorized to obtain by donation, purchase or condemnation and convey without cost to the United States, the necessary rights of way for said project together with suitable areas for the deposit of spoil material in connection with the work and its subsequent maintenance, all as contemplated and required by the Congress of the United States, and those acting by its authority.

(3) WCIND is also responsible for undertaking programs intended to alleviate problems associated with its waterway, and is empowered and authorized to carry out waterway development projects specified in Sections 374.975 and 374.976, F.S.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.001.

Fla. Admin. Code R. 66A-1.002 The Agency Head

(1) The Agency Head of WCIND is a governing body known as the “Board of Commissioners of West Coast Inland Navigation District.” It is comprised of four members, each of whom is an elected County Commissioner of the County he or she represents on said Board, and selected in each instance by the several County Boards from the membership thereof. Each member’s term of office is for one year or until such time the member county appoints a successor.

(2) In addition to its designated WCIND Board member, each member county shall also designate an alternate member who is authorized to attend all board meetings and other District-approved activities and participate in board deliberations, but who shall not be authorized to vote except in case of the absence of the designated board member. Each designated alternate shall be an elected County Commissioner of the County he or she represents on the District Board, selected in each instance by the several County Boards from the membership thereof. Each alternate member's term of office is for one year or until such time as the member county appoints a successor.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.002.

Fla. Admin. Code R. 66A-1.003 General Description of District Organization and Operations

(1) The District is comprised of the Board, the Executive Director and District staff. The internal organizational structure of the District is reflected graphically in Figure 1-1.

WEST COAST INLAND NAVIGATION DISTRICT ORGANIZATIONAL CHART

GOVERNING BOARD

EXECUTIVE DIRECTOR

DISTRICT STAFF

Figure 1-1

(2) The Governing Board. The functions, duties and responsibilities of the Board are described in Rule 66A-1.001, F.A.C.

(3) The Executive Director. The District shall have an Executive Director, and the Board shall employ some qualified person to act in such capacity and by resolution shall define the qualifications, term and duties of such office. The Executive Director is the chief executive officer of the District. He is responsible for the overall management and review of the District programs, including the coordination of Board activities and the implementation of Board decisions and directives, as well as providing general direction and guidance by allocating organizational resources and reviewing organizational performance. His duties and responsibilities include the overall management and supervision of all District staff.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.003.

Fla. Admin. Code R. 66A-1.004 General Information Concerning District

The principal office of WCIND is located at 200 East Miami Avenue, P.O. Box 1845, Venice, Florida 34284, with telephone number of (813)485-9402. All WCIND records, publications, forms and documents are available at the above-referenced location during the office hours from 8:00 a.m. to 4:00 p.m., Monday through Friday, except holidays.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.004.

Fla. Admin. Code R. 66A-1.005 Statutory Chapters and Rules

The statutes and rules affecting the operation of WCIND include:

Chapter 23770, Laws of Florida (1947).

Chapter 27289, Laws of Florida (1951).

Chapter 27290, Laws of Florida (1951).

Chapter 28542, Laws of Florida (1953).

Chapter 30074, Laws of Florida (1955).

Chapter 57-467, Laws of Florida (1957).

Chapter 59-756, Laws of Florida (1959).

Chapter 61-1590, Laws of Florida (1961).

Chapter 77-494, Laws of Florida (1977).

Chapter 79-435, Laws of Florida (1979).

Chapter 81-337, Laws of Florida (1981).

Chapter 85-200, Laws of Florida (1985).

Chapter 86-282, Laws of Florida (1986).

Section 374.761, F.S.

Section 374.975, F.S.

Section 374.976, F.S.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.005.

Fla. Admin. Code R. 66A-1.006 Public Information and Inspection of Records

All WCIND documents, publications or recorded actions shall be public records and available for inspection and copying at WCIND’s principal office. Copies of such records shall be available at a charge for the cost of copying such records.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.006.

Fla. Admin. Code R. 66A-1.007 Agency Clerk

The Executive Director of WCIND shall be the Agency Clerk and as such shall be the official custodian of the minute books, records, maps, seal, and other properties and records of the District. Such officer shall be authorized to affix the official seal of the District to its legal documents and to certify copies of any official proceedings of the District.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 120.53(1)(a) FS. History–New 11-11-90, Formerly 16S-1.007.

Chapter 66A-2 WCIND WATERWAY DEVELOPMENT PROGRAM

Fla. Admin. Code R. 66A-2.001 Purpose

Pursuant to Section 374.976, F.S., the West Coast Inland Navigation District (WCIND) is authorized to undertake additional programs intended to alleviate the problems associated with its waterways. The purpose of this Rule Chapter is to set forth WCIND’s policies and procedures implementing such program, which shall be known hereafter as WCIND’S Waterway Development Program (WDP or the Program).

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.001, Amended 3-3-21.

Fla. Admin. Code R. 66A-2.0011 Scope

The provisions of this rule chapter implement the additional programs intended to alleviate problems associated with WCIND’s waterways under Section 374.976, F.S. Nothing herein shall be construed to limit WCIND’s authority to administer programs under its codified special act charter in Chapter 98-526, Laws of Florida, or otherwise restrict any other powers granted to WCIND thereunder.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.002 Definitions

The terms used in this rule chapter are defined as follows:

(1) “Acquisition” means the act of obtaining with Program funds equipment, intangible property, supplies, real property, activities and services necessary to plan and carry out a project under this rule.

(2) “Application” means a member county’s formal request for Program funds on the specified form with required supporting documentation.

(3) “Board” means the Board of Commissioners of WCIND.

(4) “Budget-Cycle Funding” or “Budget-Cycle” means the time period between January 1st and June 15th when project applications may be submitted to WCIND for approval and appropriation of project funds by the Board during the TRIM hearing or budget approval process for the upcoming fiscal year beginning on October 1st.

(5) “Capital Improvement” means the addition, improvement, modification or alteration of real property that materially increases its value or useful life.

(6) “Construction” means the carrying out of any altering, building, clearing, demolishing, dredging, excavating, filling and related activities of any facility or real property.

(7) “County Navigation Improvement Fund” or “CNIF” means the total unencumbered balances of reserve funds assigned to each member county in an adopted budget. Each member county CNIF reserve fund balance available is its unexpended proportional share of ad valorem tax revenues carried over from past fiscal years, including excess funds from completed projects, plus such unobligated revenues from the current fiscal year.

(8) “Development” in the context of capital improvements, means the act of physically improving real property or facilities thereon to increase its ability or capacity to serve waterway related purposes. In the context of intellectual property, “development” refers to the systematic use of scientific and technical knowledge in the design, testing, or evaluation of a potential new product or service (or of an improvement in an existing product or service) to meet specific performance requirements or objectives.

(9) “Equipment” means non-consumable and nonexpendable, tangible personal property having a per-unit cost of $5,000 or more and a useful life beyond one year.

(10) “Executive Director” means the Executive Director of the WCIND.

(11) “Extension” means to increase the size or capacity or make an addition to an existing facility. In the context of time, “extension” refers to the additional time granted to a member county to complete a project agreement or satisfy a condition or requirement under this Rule Chapter.

(12) “Facility” means all or any portion of a capital improvement established to be used exclusively for purposes directly related to WCIND waterways as set forth in this Rule Chapter.

(13) “Fiscal Year” means WCIND fiscal year, October 1st – September 30th.

(14) “In-Kind Contribution” means the value of a non-cash contribution provided by a member county or third-party to meet a project’s match funding requirement.

(15) “Intangible Property” means property having no physical existence such as trademarks, copyrights, or patents, having a per-unit cost of $5,000 or more and a useful life beyond one year.

(16) “Intellectual Property” means a copyrightable intangible property that was developed with Program funds, or for which ownership was acquired with Program funds.

(17) “Liaison Agent” means the person officially designated by a member county who is authorized to act on its behalf on matters related to participation in the Program.

(18) “Maintenance” means the activities necessary to keep facilities or equipment in a condition to serve their intended purposes. Maintenance activities include routine, recurring custodial services, minor repairs and other non-routine actions which occur on a less frequent basis through any give fiscal year.

(19) “Marine Law Enforcement” means law enforcement activities performed on WCIND waterways by any of the following: county sheriffs and their deputies; municipal police officers; or law enforcement officers, part-time law enforcement officers and auxiliary law enforcement officers as defined by Section 943.10, F.S.

(20) “Marine Fire Service” means fire suppression and prevention activities and related rescue response activities for the protection of life and property performed on WCIND waterways by a county, municipality, sheriff or special district. Marine fire service may be performed in conjunction with marine emergency medical services where the marine fire service provider is licensed to perform the same under Chapter 401, F.S.

(21) “Match” means the value of cash, pre-agreement costs or in-kind contributions provided by a member county or third-party to pay its share of the project costs as required by this Rule Chapter.

(22) “Member County” means a county located within the taxing boundaries of the WCIND.

(23) “Net Ad Valorem Revenue” means WCIND’s estimated net ad valorem revenues as adopted in its annual budget and calculated from subtracting applicable property appraiser and tax collector fees from the estimated ad valorem revenue.

(24) “Off Funding Cycle” or “Off-Cycle” means the time outside of the TRIM hearing or budget approval process when project applications may be submitted to WCIND for approval and appropriation of CNIF reserve funds by the Board at a regularly scheduled meeting.

(25) “Operations” means the activities necessary for facilities or equipment to function and produce desired results on a daily or frequent basis. Where appropriate context applies, operations means activities necessary to properly conduct marine law enforcement or boating safety and environmental education programs.

(26) “Overhaul” means the repair, rebuild and recondition of equipment at or near the end of the equipment’s useful life that results in a new useful life of the equipment that is consistent with the extent of the overhaul.

(27) “Planning” means project planning phase activities, including feasibility analysis, design, studies, and other tasks required to prepare plans for eligible projects prior to construction, including environmental review, permitting and compliance tasks, and architectural, survey and engineering studies.

(28) “Post-Construction” means the monitoring, collection and analysis of physical or biological data, or similar activities required by state or federal permits on an annual or periodic basis following the completion of the project’s construction phase.

(29) “Primary Facility” means any facility which could stand alone and carry out its project purpose to relate directly to WCIND waterways, without a support facility.

(30) “Project” means a planned undertaking which includes one or more activities that have a common purpose that relates directly to WCIND waterways.

(31) “Project Agreement” means an executed contract between WCIND and a member county setting forth the terms and conditions of funding an approved Program project.

(32) “Real Property” means all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein.

(33) “Reconstruction” means the act of constructing a previously existing facility again, which was demolished or destroyed in whole or in part by fire, casualty or natural disaster.

(34) “Regional and Administrative Efforts” means the regional and administrative expenses and contingencies budgeted annually for the purposes of providing the requisite local cooperation for the construction, maintenance and operation of the Gulf Intracoastal Waterway in accordance with Chapter 98-526, Laws of Florida. Regional and administrative efforts are budgeted and funded from the annual net ad valorem revenue in proportion to each member county’s share of the same.

(35) “Specialized Instruction” means the act or practice of teaching a particular skill necessary to boat more safely or protect the marine environment or advising and informing students in a manner that develops an awareness of boating safety or waterway environments, and is performed on WCIND waterways. Specialized instruction is specific and exclusive to the boater safety or environmental education curriculum and is not included under member county or third-party operator salaries.

(36) “Supplies” means all materials, fabricated parts and other items of tangible personal property other than equipment as defined above.

(37) “Support Facility” means a facility which could not stand alone and carry out its project purpose to relate directly to the waterways without the primary facility.

(38) “Third-Party Operator” means a local government or other entity which is provided Program funds under written contract with a member county to carry out all or part of an approved project in accordance with the project agreement.

(39) “TRIM Hearings” means the public hearings required by the Truth in Millage Act as codified in Chapter 200, F.S., to adopt WCIND’s annual ad valorem tax millage rate and budget.

(40) “Upgrade” means improvements to equipment that are intended to materially improve its functional use or heighten the capabilities of its intended use. This term does not include overhauls of equipment.

(41) “Waterway Related Environmental Issues” means: the physical and biological impacts of waterway construction, maintenance, and operation, and related restoration and enhancement activities; the role of waterways within watershed ecosystems, watershed structure and functions, and the value and benefits of healthy watersheds; ecofriendly boating practices and the balance of the recreational, economic, and scenic values of such waters.

(42) “WCIND’s Interest” means the interest that WCIND holds in any tangible or intangible property acquired with Program funds based upon WCIND’s share in the costs of the original acquisition.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.002, Amended 3-3-21.

Fla. Admin. Code R. 66A-2.003 Policy

The following constitutes WCIND’s policy pertaining to the administration of the additional programs undertaken pursuant to Section 374.976, F.S:

(1) Waterway Development Program. This Program is established to alleviate problems associated with WCIND waterways and is implemented through member county projects directly addressing such problems related to navigability, recreational boater access, boater safety and the marine environment. Financial assistance may be furnished to member counties for the costs of planning and carrying out projects that meet the purposes of one or more of the following project categories:

(a) Public Navigation. The purpose of this project category is to benefit or enhance public navigation within WCIND.

(b) Boater Recreation. The purpose of this project category is to benefit or enhance access to WCIND waterways for recreational boaters.

(c) Environmental Education. The purpose of this project category is to benefit or enhance the marine environment in WCIND waterways and increase public awareness and knowledge of waterway related environmental issues.

(d) Boating Safety and Education. The purpose of this project category is to benefit or enhance safety on WCIND waterways and increase awareness and knowledge of safe boating practices and waterway regulations among WCIND’s boating public.

(e) Marine Law Enforcement. The purpose of this project category is to benefit or enhance law enforcement on WCIND waterways for better protection of the boating public’s health and safety and welfare, and the marine environment.

(2) Project Application and Approval. Member counties shall submit requests for funding to WCIND for each project on Form No. 1, “Funding Application,” effective 1/1/2026, which is incorporated herein by reference and available from https://flrules.org/Gateway/reference.asp?No=Ref-18685, in accordance with the requirements set forth in Rule 66A-2.004, F.A.C. The Board may approve applications complying with the provisions of this Rule Chapter and fund projects during annual budget-cycles or off-cycles.

(3) Project Agreement. Prior to reimbursement of funds for eligible project costs, the member county shall enter into a specified written project agreement with WCIND, Form No. 2, “Waterway Development Project Agreement,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12696.

(4) Budget-Cycle Funding: Each fiscal year, the Board will allocate Program funds during the annual budget process based upon WCIND’s overall goals, priorities, fiscal responsibilities, and operational needs for the upcoming fiscal year. Funds available to each member county will be their proportional balances for county specific projects as allocated in any fiscal year budget. County specific project funds are calculated by subtracting WCIND’s regional and administrative costs from net ad valorem tax revenue then adding any unused CNIF carried over from the prior fiscal year. Budget-cycle funding shall be available in the following Program Area match ratios and allocation limits:

Waterway Development Projects

Funding Match Ratios and Allocation Limits

Project Category

Match

Limits

Public Navigation

No Match

Up to 100%

Boater Recreation

50%

Up to 100%

Boating Safety and Education

50%

Up to 100%

Marine Law Enforcement

No Match

Up to 35%*

Environmental Education

No Match

Up to 25%*

*A waiver of the 35% and 25% limits may be granted by the Board when requested by a member county due to its total project needs and priorities exceeding the allocation limits in a budget cycle. Member counties shall request the waiver as part of the official Board of County Commissioners resolution approving the applications required by subsections 66A-2.004(1) and (2), F.A.C.

(5) Off-Cycle Funding. During off-cycle funding of any remaining fiscal year, the Board may fund additional county specific projects from the available CNIF reserve fund balances assigned to each member county. Off-cycle funding is intended to provide member counties with the flexibility to timely plan and carry out projects when local needs, priorities or opportunities arise outside of the budget-cycle application process. Off-cycle funding shall be subject to the same Program area match ratios and allocation percentage limits in the above table as applied to the member county’s total available CNIF reserve fund balances at the time of the request, unless otherwise waived by the Board.

(6) Interlocal Agreements. WCIND may provide financial assistance, support or cooperation for projects that benefit or enhance public navigation and have multiple funding partners, including the U.S. Army Corps of Engineers, through an interlocal agreement pursuant to Chapter 163 or Section 374.976, F.S. WCIND staff will identify these projects and present them to the Board for approval during budget-cycles or off-cycles. With exception to the three-year funding encumbrance limit set forth in Section 374.976(2), F.S., interlocal agreement projects shall not be subject to the provisions of this rule chapter unless a member county is a party to an interlocal agreement and receives Program funds during any budget-cycle or off-cycle. In such instances, a member county shall only be subject to the three-year funding encumbrance limit, the matching funds requirements and the proportional share funding limits set forth in Sections 374.976(2) and (3), F.S.

(7) Non-Compliance. WCIND may terminate a project agreement and demand return of Program funds disbursed to member county or other remedial action for non-compliance with any of the terms of the project agreement or this rule chapter, if such non-compliance calls into question the ability of the member county or third-party operator to complete the project. Failure of a member county or third-party operator to comply with the provisions of this rule chapter or the project agreement may result in WCIND declaring the member county or third-party operator ineligible for further participation in the Program until such time as the non-compliance has been remedied to the satisfaction of the Board.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.003, Amended 3-3-21, 1-12-26.

Fla. Admin. Code R. 66A-2.004 Application Requirements

All member county requests for Program funds shall be submitted in accordance with the following application requirements:

(1) Budget-Cycle Funding Applications. Member counties shall submit a completed Form No. 1, “Funding Application,” which is incorporated by reference in subsection 66A-2.003(2) F.A.C., for each budget-cycle funding request with supporting documents and an official Board of County Commissioners resolution approving such applications from January 1st through June 15th of each year to be considered at the Board’s TRIM hearings and funding approval for the following fiscal year. Applications which are not received in WCIND’s headquarters in paper or electronic format by 4:00 p.m. on June 15th of each year may be rejected from consideration at the TRIM hearings.

(2) Off-Cycle Funding Applications. Member counties shall submit a completed Form No. 1, “Funding Application,” which is incorporated by reference in subsection 66A-2.003(2), F.A.C., for each off-cycle funding request no less than thirty (30) days prior to the next regularly scheduled meeting to be considered for funding approval by the Board. Applications which are not received in WCIND’s headquarters in paper or electronic format by such date, may be rejected from consideration at the next regularly scheduled Board meeting. Supporting documents and an official Board of County Commissioners resolution approving the application need not be submitted with the completed application but must be submitted prior to the Board’s consideration at its next regularly scheduled meeting.

(3) WCIND shall review all applications for compliance with this Rule Chapter and Section 374.976, F.S., and may reject those that are found non-compliant. Additionally, WCIND may reject applications from member counties which have previously been found non-compliant with the provisions of this Rule Chapter or the terms of a previous project agreement pursuant to subsection 66A-2.003(7), F.A.C.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.004, Amended 3-3-21.

Fla. Admin. Code R. 66A-2.0041 Disaster Relief Projects

At a regular or special meeting, the Board may waive the requirements of this rule chapter and funding limitations in Section 374.976(3), F.S., to approve and fund disaster relief projects in member counties recovering from a storm event or natural disaster resulting in a state of emergency declared under Chapter 252, F.S. Disaster relief projects approved by the Board shall be distributed under a project agreement and be subject to the remaining conditions in Section 374.976, F.S. Member counties must submit funding requests for disaster relief projects along with a waiver request, if necessary, to WCIND on Form No. 1, “Funding Application”, which is incorporated by reference in subsection 66A-2.003(2), F.A.C., prior to the Board’s consideration at its regular or special meeting.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.005 Project Eligibility

Eligible project costs are only those costs associated with the specific types of projects and activities listed in Rules 66A-2.20051 through 66A-2.0055, F.A.C., for each project category, as long as the expenditures incurred by the member county are reasonable and necessary for the performance of an approved project. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. The following provisions set forth the general eligibility requirements of the Program.

(1) Ineligible Activities or Costs. Unless otherwise allowed by the eligibility requirements within a project category, the following costs are prohibited from Program funding or use as match funding:

(a) Indirect, contingencies, miscellaneous, or reoccurring personnel related costs;

(b) Member county in-house labor or other costs related to compensating employees, including salaries and wages, and fringe benefits costs;

(d) Expenditures for equipment, materials and supplies, or services not used exclusively for an approved project;

(e) Expenditures for vehicles or overland transportation services;

(f) Expenditures for enclosed buildings or structures;

(g) Civil air patrols; and

(h) Promotional items including, but not limited to, flyers, posters, signage, brochures, vehicle lettering, and trailer wraps, considered as advertising and not an integral and necessary part of a project’s instructional purposes.

(2) Match Funds: Applications for projects requiring matching funds shall clearly identify and enumerate the amount and source. Upon verification from the member county’s records, the following sources may be utilized for match funds:

(a) Cash;

(b) Costs for preliminary plans that are an integral and necessary part of a project and used exclusively for the project’s purposes whose costs are incurred without WCIND financial assistance prior to a project’s approval by the Board;

(d) In-kind Contributions. The value of the following in-kind contributions may be used as match funds:

Equipment and Supplies. Equipment and supplies or portions thereof acquired without WCIND financial assistance during the duration of the project where such equipment and supplies are an integral and necessary part of an approved project and used exclusively for the project’s purposes. The value of contributed equipment and supplies shall be based upon a receipt or equivalent documentation showing the actual purchase price or current value.
Real Property Value. The current fair market value of a project site acquired without WCIND financial assistance shall be based upon an appraisal dated no earlier than one year prior to the submission of the application. In lieu of obtaining an appraisal to establish the site’s fair market value, a member county may use the assessed value of the project site supported by documentation of the current assessed value from the respective County Property Appraiser.

(3) Phasing of Projects. Applications may be submitted as a phased project with up to three phases, where Phase I includes the real property acquisition, Phase II includes the design, engineering and permitting activities, and Phase III includes the construction of the project. The description of the Phase II and III work shall be submitted along with the Phase I application for Board review.

(4) Eligibility Determination. Applications received by the application submission deadline will be reviewed by the Executive Director or his or her designee for project eligibility and compliance with this rule chapter. No additional information shall be accepted after the application submission deadline, unless specifically requested by the Executive Director for clarification of information provided in the application received by the published application submission deadline.

(5) The Executive Director will make recommendations for approval or denial of the project applications during the TRIM hearings or regular meeting, whichever is applicable.

(6) The Board will make all final decisions on the eligibility of a project or specific allowable project costs during the TRIM Hearings or regular meeting, whichever is applicable.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Amended 8-15-94, Formerly 16S-2.005, Amended 3-3-21, 1-12-26.

Fla. Admin. Code R. 66A-2.0051 Public Navigation Projects

(1) Public Navigation Facilities. Program funds may be used to pay direct costs incurred in connection with capital improvements resulting in public navigation facilities, including the cost of acquisition, planning, development, construction, reconstruction, extension, post-construction, operation, maintenance and related activities. Eligible public navigation facilities include:

(a) Primary Facilities.

Public navigation channels;
Spoil material disposal areas;
Inlet management projects approved by the Board pursuant to Section 374.976(1)(b), F.S.;
Public navigation channel markers or other aids to navigation, including, but not limited to, signs, symbols, beacons, buoys, or lights; and
Other primary facilities as determined by the Board to benefit or enhance public navigation.

(2) Public Navigation Equipment. Program funds may be used to pay direct costs incurred in connection with enhancing waterway operation or maintenance capabilities, including acquisition, overhaul and upgrade of the following equipment:

(a) Vessels and appurtenant equipment, such as trailers, communication or navigation systems, sonar devices, lights and other similar vessel accessory apparatuses;

Weather stations, sensors, gauges, data loggers, telemetry devices and related equipment providing real-time waterway conditions of WCIND waterways; and

(b) Other equipment as determined by the Board to benefit or enhance public navigation.

(3) Public Navigation Intangible Property. Program funds may be used to pay direct costs incurred in connection with enhancing waterway operation or maintenance capabilities, including acquisition of intangible property and development of intellectual property, such as software applications and operating systems, and web-based information and applications, and other intangible property as determined by the Board to benefit or enhance public navigation.

(4) Public Navigation Hazards. Program funds may be used to pay direct costs incurred in connection with improving navigation safety, including planning, development, construction, post-construction and related activities necessary to remove abandoned or derelict vessels, and other navigation hazards or navigation safety activities on WCIND waterways as determined by the Board to benefit or enhance public navigation.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.0052 Boater Recreation Projects

(1) Boater Recreation Facilities. Program funds may be used to pay direct costs incurred in connection with capital improvements resulting in boater recreation facilities, including the cost of acquisition, planning, development, construction, reconstruction, extension, post-construction and related activities. Eligible boater recreation facilities include:

(a) Primary Facilities.

Public docks, boat ramps and launching facilities, tie-up facilities, and mooring fields;
Public piers providing access to WCIND waterways for recreational boaters, canoers or kayakers;
Public canoe or kayak trails and launching facilities;
Spoil island or natural island restoration within WCIND’s waterways providing for boater access and recreational purposes; and
Other primary facilities as determined by the Board to benefit or enhance recreational boater access, except enclosed structures which are ineligible as primary facilities.

(b) Support Facilities.

Vehicle and trailer parking, boarding docks, wave attenuator or breakwaters, seawalls, restrooms, walkways, landscaping, security lighting and fencing, interpretive signs, handicap ramps and fish cleaning stations. Enclosed structures shall be limited to restrooms accessible by waterway users; and
Other non-enclosed support facilities as determined by the Board to benefit or enhance recreational boating access.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.0053 Environmental Education Projects

(1) Environmental Education Facilities. Program funds may be used to pay direct costs incurred in connection with capital improvements resulting in environmental education facilities, including the cost of planning (except for feasibility analysis), development, construction, reconstruction, extension, post-construction and related activities. Eligible environmental education facilities include:

(a) Primary Facilities. Exhibits, demonstrations or interpretive sites constructed and installed within an existing educational facility which provide a range of environmental educational and interpretive programs, including aquariums, signs, kiosks, trails or walkways, wayside panels, static, interactive, multimedia or virtual displays, and other similar features which convey information about environmental education.

(b) Support Facilities.

Permanent appurtenances mounted or fastened to the existing educational facility to support the structural integrity of an installed exhibits demonstration or interpretive site or required to connect to existing utility services; and
Other support facilities as determined by the Board installed and integrated into an exhibits demonstration or interpretive site which provides an interactive user experience and conveys information about environmental education.

(2) Environmental Education Equipment. Program funds may be used to pay direct costs incurred in connection with enhancing environmental education capabilities, including acquisition, overhaul and upgrade of audio visual equipment, specialized scientific equipment, and other equipment as determined by the Board to be integral to the curriculum and an enhancement of the environmental education experience.

(3) Environmental Education Intangible Property. Program funds may be used to pay direct costs incurred in connection with enhancing environmental education capabilities, including acquisition of intangible property and the development of intellectual property, such as software applications and operating systems, web-based information and applications, curricula, including instructional tools and materials, and other intangible property as determined by the Board to be integral to the curriculum and an enhancement of the environmental education experience.

(4) Environmental Education Instruction. Program funds may be used to pay direct costs incurred in connection with enhancing environmental education capabilities, including the acquisition of specialized instruction services and the following supplies:

Instructional materials for environmental education curriculum delivered via in-house classroom or on the water class instruction; and
Other supplies as determined by the Board to be integral to the curriculum and an enhancement of the environmental education experience.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.0054 Boating Safety and Education Projects

(1) Boating Safety and Education Facilities. Program funds may be used to pay direct costs incurred in connection with capital improvements resulting in boating safety and education facilities, including the cost of planning (except for feasibility analysis), development, construction, reconstruction, extension, post-construction and related activities. Eligible boating safety and education facilities include:

(a) Primary Facilities.

Docks and lifts that enhance the capabilities of marine fire and rescue services;
Docks and lifts that enhance the capabilities of boating safety and education instruction; and
Signage at public docks, boat ramps and launch facilities that increases awareness of boating safety and educates the boating pubic.

(b) Support Facilities. Boarding docks, wave attenuator or breakwaters and seawalls.

(2) Boating Safety and Education Equipment. Program funds may be used to pay direct costs incurred in connection with the acquisition, overhaul and upgrade of the following equipment:

(a) Vessels and appurtenant equipment that enhance marine fire and rescue services capabilities, such as trailers, communication or navigation systems, sonar devices, lights, fire pumps, life-saving appliances, dive and rescue gear, hazardous materials response kits, and other similar vessel accessory apparatuses and onboard safety equipment;

(b) Vessels and appurtenant equipment that enhance boating safety and education capabilities, such as trailers, communication or navigation systems, lights, personal floatation devices, and other similar vessel accessory apparatuses and onboard safety equipment, and non-motorized vessels, such as sailboats, canoes, kayaks, rowing sculls, paddles, and other similar non-motorized vessels accessories apparatus and safety equipment.

(3) Boating Safety and Education Intangible Property. Program funds may be used to pay direct costs incurred in connection with enhancing boating safety and education capabilities, including acquisition of intangible property and development of intellectual property, such as software applications and operating systems, web-based information and applications, curricula, including instructional tools and materials.

(4) Boating Safety and Education Instruction. Program funds may be used to pay direct costs incurred in connection with enhancing boating safety and education capabilities, including acquisition of specialized instruction services and acquisition of the following supplies:

(a) Instructional materials for curriculum delivered via in-house classroom or on the water instruction; and

(b) Other supplies as determined by the Board to be integral to the curriculum and an enhancement of the boating safety and education experience.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.0055 Marine Law Enforcement Projects

(1) Marine Law Enforcement Facilities. Program funds may be used to pay direct costs incurred in connection with capital improvements resulting in marine law enforcement facilities, including the cost of planning (except for feasibility analysis), development, construction, reconstruction, extension, post-construction and related activities. Eligible marine law enforcement facilities are limited to docks lifts or similar primary facilities providing mooring and access for law enforcement vessels.

(2) Marine Law Enforcement Equipment. Program funds may be used to pay direct costs incurred in connection with enhancing marine law enforcement capabilities, including acquisition, overhaul and upgrade of the following equipment:

Vessels and appurtenant equipment, such as trailers, communication or navigation systems, lights and similar vessel accessory apparatus and onboard safety equipment;
Other equipment as determined by the Board to enhance the capabilities of marine law enforcement.

(3) Marine Law Enforcement Patrols. Program funds may be used to pay direct costs incurred in connection with enhancing marine law enforcement capabilities, including acquisition of marine law enforcement personnel services performed on WCIND waterways (on the water hours, including overtime), and the acquisition of fuel and oil supplies.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.006 Project Design Criteria

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976 FS. History–New 11-11-90, Formerly 16S-2.006, Repealed 3-3-21.

Fla. Admin. Code R. 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:

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.
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.

History

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.

Fla. Admin. Code R. 66A-2.0071 Real Property Acquisition

The following constitutes the specific conditions procedures and administrative requirement for real property acquisition projects.

(1) Eligible Projects. Real property acquisitions are limited to projects that provide for rights-of-way, spoil material disposal areas, environmental mitigation areas or other areas that may be necessary for completion of capital improvements resulting in future public navigation or boater recreation facilities or extension of existing public navigation or boater recreation facilities. Member counties shall have up to one year from the effective date of the project agreement to purchase the property. The Board may extend this period in accordance with subsection 66A-2.0072(2), F.A.C.

(2) Capital Improvements. The public navigation or boater recreation capital improvements proposed at the time of the acquisition shall be constructed on the property within seven (7) years of the acquisition date and dedicated to the public for such use in perpetuity upon completion. Failure to timely complete the capital improvements may result in WCIND at its sole discretion: requiring the member county to refund WCIND’s interest as calculated in subsection (6) below; the conveyance of the property to WCIND; or extending the seven aforesaid (7) year time limit.

(3) Total Project Cost. Real property acquisitions projects are subject to the match ratios set forth in subsection 66A-2.003(4), F.A.C., and total project cost shall be upon based on either the negotiated purchase price or approved appraised value, whichever is lowest. If the negotiated purchase price or approved appraised value is greater than the project cost, the member county must pay the additional cost. Pre-agreement costs for appraisals, inspections, surveys (boundary and topographic) and title searches or opinions completed within one-year of the date of application may be detailed in the project agreement and used as match funds for a boater recreation project.

(4) Member counties shall include in the acquisition project application, the following supporting documentation:

(a) Appraisal. An appraisal prepared by an appraiser certified under Chapter 475, F.S., shall be submitted which establishes the fair market value of the parcel(s) proposed for acquisition. If the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) must be dated no earlier than six months prior to the submittal date of the application. If two appraisals are required for the project, the lower of the approved appraised values shall be the basis of the total project cost.

(b) Survey. A survey, certified, signed and sealed by a professional surveyor and mapper licensed under Chapter 472, F.S., shall be submitted which provides a legal description and sketch of the boundaries of the parcel(s) proposed for acquisition. The survey shall accurately portray the existing conditions and any known easements and encroachments. The survey shall be certified no earlier than six months prior to the submittal date of the application.

(c) Title Opinion. A title opinion prepared by a member of the Florida Bar or a licensed title insurer which covers the thirty-year period prior to the application submittal date and attests to the landowner’s clear title with no liens, encumbrances or taxes against the property.

(5) Ownership. Title to land acquired with program funds shall vest in the member county at closing subject to such covenants and restrictions, and reversion, conveyance and termination clauses that are sufficient to ensure compliance with this Rule Chapter in perpetuity and any easements reserved for the benefit of WCIND. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants and restrictions in favor of WCIND which include, at a minimum, the time limit for completing the proposed capital improvements and public dedication requirements in subsection (2) above. Additionally, the deed shall contain a reversion, conveyance or termination clause that vests title to WCIND if any of the covenants or restrictions are violated by the member county or by some third-party with the knowledge of the member county.

(6) Misused Real Property. If a member county violates the covenants and restrictions on the acquired property, the Board, at its discretion, may require the member county to take one of the following remedial actions:

(a) Convey the property to WCIND;

(b) Sell the property at public auction and refund WCIND’s interest from the sale proceeds; or

(c) Retain the property for non-waterway related uses and refund WCIND’s interest based upon the fair market value of the property at the time of the violation. Fair market value of the property, including any WCIND funded capital improvements thereon, shall be determined in the same manner as the total project costs in paragraph (4)(a) above.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.0072 Project Administration

The following constitutes the general requirements for the administration of the Program.

(1) Project Management. The Executive Director or his or her designee shall be the WCIND project manager responsible for monitoring the project agreements under the Program. The Executive Director or designated project manager shall also be responsible for approving all reimbursement requests. The Liaison Agent shall act on the member county’s behalf in carrying out the terms and conditions of the project and project agreement. Payment of project costs shall be reimbursed as provided for in this rule chapter and in the project agreement.

(2) Time Extensions. All project agreements require a project to be completed within one year from the effective date of the project agreement. The completion date may be extended for good cause upon written request of the member county. However, in no event shall the completion date be extended beyond three years following the effective date of the initial project agreement. Member county liaison agents shall submit a request for extension to WCIND no later than June 15 of fiscal year one or two of the approved project, whichever year is applicable, using Form No. 3, “Project Extension Request,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12697. For purposes of this rule, “good cause” means an event beyond the control of the Member County, which prevents it from timely completing the project, including, but not limited to: acts of God (such as earthquakes, drought, fires, storms, and floods); war, hostilities, acts of terrorism, blockades or riots; strikes, lockouts, or other industrial disturbances; and title disputes, or other litigation. In review of time extension requests, the Board will take into consideration the current project status and progress, the nature of the causing event, and the ability of the member county to complete the project within one additional year.

(3) Failure to Timely Complete. If any project has not been completed within three years following approval of the project, all undisbursed Program funds shall no longer be encumbered for the project and WCIND shall place such funds into the member county’s CNIF. Nothing in this rule chapter prohibits the member county from re-applying to WCIND for new funding for the project in a subsequent WCIND budget-cycle following expiration of the initial project agreement. Projects that fail to timely complete shall not be eligible for funding during the next available off-cycle.

(4) Agreement Modification. Any requested changes in the scope of the project or amount of financial assistance from WCIND must be submitted in writing to WCIND. All proposed changes to the project agreement must be submitted to WCIND in writing by the member county’s Liaison Agent accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the Board, except that the Executive Director may approve a minor project agreement amendment which does not change the approved project’s category or the amount of financial assistance. Agreed changes shall be evidenced by a formal amendment to the project agreement utilizing Exhibit “G” of Form No. 2, “Waterway Development Project Agreement,” which is incorporated by reference in subsection 66A-2.003(3), F.A.C.

(5) Agreement Termination. WCIND may unilaterally terminate the project agreement for breach of its terms and conditions or noncompliance with the provisions of this rule chapter should the member county fail to cure the breach or remedy the noncompliance within thirty (30) days after receiving written notice. If the member county fails to cure the breach, WCIND may require the member county to refund all funds previously reimbursed under the project agreement. Additionally, upon written request by either party, WCIND and the member county may mutually agree to terminate the project agreement.

(6) Project Reporting. The liaison agent shall submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall be submitted on Form No. 5, “Quarterly Status Report,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12699, by the 15th calendar day after the end of each quarter and continue throughout the length of the project period until completion of the project. A final project report shall be submitted with the certificate of project completion form and shall include at a minimum: project summary, photo of completed project, final cost, project benefits to the waterway and location address.

(7) Payment Requests. For all projects, requests for disbursement of WCIND funds shall be made using Form No. 4, “Request for Payment Certificate,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12698.

(8) Project Inspection. Upon reasonable request, the WCIND project manager or his or her designee shall have the right to inspect the project and all records relating to the project.

(9) Project Completion. WCIND shall be notified of completion of a project by the submission of Form No. 6, “Notification of Project Completion,” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12700, signed by the liaison agent, and co-signed by either the County Administrator or the County Financial Officer.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code R. 66A-2.008 Accountability

The following procedures shall govern the accountability of Program funds:

(1) Member counties are responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as are necessary to properly account for all Program funds.

(2) Quarterly Reports: Member counties shall submit completed quarterly status reports to WCIND in accordance with subsection 66A-2.0071(6), F.A.C.

(3) Completion Certification: Final certification of project completion and supporting documents as outlined in subsection 66A-2.0071(9), F.A.C., shall be submitted to WCIND prior to final reimbursement of Program funds for each project.

(4) Auditing: All project records including project costs shall be available for review by WCIND or by an auditor selected by WCIND for 3 years after completion of the project.

(5) Project Records: The member county shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three-year period, the member county shall retain all records until the final resolution of such matters. Records for real property, capital improvements and equipment must be retained for three years after disposition or replacement.

(6) Repayment: If it is found by WCIND or any state, county or independent auditor that funds had not been used in accordance with the project agreement, this Rule Chapter or Section 374.976, F.S., the member county shall be responsible for refunding the misused funds to WCIND. Payment of the refund shall include interest calculated from date of original County receipt of the funds, through date of WCIND’s receipt of the refund at the same rate which would have been paid during said period for the funds if they have been invested in the State of Florida Local Government Surplus Funds Trust Fund (Florida PRIME).

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 11-11-90, Formerly 16S-2.008, Amended 3-3-21.

Fla. Admin. Code R. 66A-2.009 Acknowledgment

Upon request, the member county shall erect a permanent sign, approved by WCIND, at an appropriate location on the project site which indicates WCIND’s participation in the project. If the member county erects a temporary construction sign, this sign shall also recognize the WCIND’s participation. If the final product of the project is a report, study or other publication, upon request, WCIND’s sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display or intellectual property, upon request, a statement acknowledging WCIND’s participation in the project shall be contained in the display or intellectual property.

History

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History–New 3-3-21.

Fla. Admin. Code Title 66 — Navigation Districts

Division 66B Florida Inland Navigation District

Chapter 66B-1 COOPERATIVE ASSISTANCE PROGRAM

Fla. Admin. Code R. 66B-1.001 Purpose

Fla. Admin. Code R. 66B-1.002 Forms

Fla. Admin. Code R. 66B-1.003 Definitions

Fla. Admin. Code R. 66B-1.004 Policy

Fla. Admin. Code R. 66B-1.005 Funds Allocation

Fla. Admin. Code R. 66B-1.006 Application Process

Fla. Admin. Code R. 66B-1.007 Application Form

Fla. Admin. Code R. 66B-1.008 Project Eligibility

Fla. Admin. Code R. 66B-1.009 Project Administration

Fla. Admin. Code R. 66B-1.010 Project Amendment

Fla. Admin. Code R. 66B-1.011 Reimbursement

Fla. Admin. Code R. 66B-1.012 Accountability

Fla. Admin. Code R. 66B-1.013 Acknowledgement

Fla. Admin. Code R. 66B-1.014 Small-Scale Spoil Island Restoration and Enhancement Projects

Fla. Admin. Code R. 66B-1.015 Small-Scale Derelict Vessel Removal Projects

Fla. Admin. Code R. 66B-1.016 Waterways Cleanup Events

Chapter 66B-2 WATERWAYS ASSISTANCE PROGRAM

Fla. Admin. Code R. 66B-2.001 Purpose

Fla. Admin. Code R. 66B-2.002 Forms

Fla. Admin. Code R. 66B-2.003 Definitions

Fla. Admin. Code R. 66B-2.004 Policy

Fla. Admin. Code R. 66B-2.005 Funds Allocation

Fla. Admin. Code R. 66B-2.006 Application Process

Fla. Admin. Code R. 66B-2.0061 Disaster Relief Applications

Fla. Admin. Code R. 66B-2.007 Application Form

Fla. Admin. Code R. 66B-2.008 Project Eligibility

Fla. Admin. Code R. 66B-2.009 Project Administration

Fla. Admin. Code R. 66B-2.010 Project Agreement

Fla. Admin. Code R. 66B-2.011 Reimbursement

Fla. Admin. Code R. 66B-2.012 Accountability

Fla. Admin. Code R. 66B-2.013 Acknowledgement

Fla. Admin. Code R. 66B-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects

Fla. Admin. Code R. 66B-2.015 Small-Scale Derelict Vessel Removal Projects

Fla. Admin. Code R. 66B-2.016 Waterways Cleanup Events

Chapter 66B-3 FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES

Fla. Admin. Code R. 66B-3.001 Purpose

Fla. Admin. Code R. 66B-3.002 Definitions

Fla. Admin. Code R. 66B-3.003 Noticing

Fla. Admin. Code R. 66B-3.004 General Requirements

Fla. Admin. Code R. 66B-3.005 Title Reports

Fla. Admin. Code R. 66B-3.006 Appraisal Map or Survey

Fla. Admin. Code R. 66B-3.007 Appraisal Procedures

Fla. Admin. Code R. 66B-3.008 Determining the Maximum Amount

Fla. Admin. Code R. 66B-3.009 Appraiser Selection

Fla. Admin. Code R. 66B-3.010 Negotiations

Fla. Admin. Code R. 66B-3.011 Purchase Instruments

Fla. Admin. Code R. 66B-3.012 Closing

Fla. Admin. Code R. 66B-3.013 Multi-Party Acquisitions

Fla. Admin. Code R. 66B-3.014 Property Exchanges

Fla. Admin. Code R. 66B-3.015 Property Donations

Fla. Admin. Code R. 66B-3.016 Acquisition through Condemnation

Division 66A West Coast Inland Navigation District

Chapter 66A-1 GENERAL AND PROCEDURAL RULES

Fla. Admin. Code R. 66A-1.001 The District

Fla. Admin. Code R. 66A-1.002 The Agency Head

Fla. Admin. Code R. 66A-1.003 General Description of District Organization and Operations

Fla. Admin. Code R. 66A-1.004 General Information Concerning District

Fla. Admin. Code R. 66A-1.005 Statutory Chapters and Rules

Fla. Admin. Code R. 66A-1.006 Public Information and Inspection of Records

Fla. Admin. Code R. 66A-1.007 Agency Clerk

Chapter 66A-2 WCIND WATERWAY DEVELOPMENT PROGRAM

Fla. Admin. Code R. 66A-2.001 Purpose

Fla. Admin. Code R. 66A-2.0011 Scope

Fla. Admin. Code R. 66A-2.002 Definitions

Fla. Admin. Code R. 66A-2.003 Policy

Fla. Admin. Code R. 66A-2.004 Application Requirements

Fla. Admin. Code R. 66A-2.0041 Disaster Relief Projects

Fla. Admin. Code R. 66A-2.005 Project Eligibility

Fla. Admin. Code R. 66A-2.0051 Public Navigation Projects

Fla. Admin. Code R. 66A-2.0052 Boater Recreation Projects

Fla. Admin. Code R. 66A-2.0053 Environmental Education Projects

Fla. Admin. Code R. 66A-2.0054 Boating Safety and Education Projects

Fla. Admin. Code R. 66A-2.0055 Marine Law Enforcement Projects

Fla. Admin. Code R. 66A-2.006 Project Design Criteria

Fla. Admin. Code R. 66A-2.007 Funding Conditions

Fla. Admin. Code R. 66A-2.0071 Real Property Acquisition

Fla. Admin. Code R. 66A-2.0072 Project Administration