Current through Reg. 50, No. 187; September 24, 2024
(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:
1. Public navigation channel dredging,
2. Public navigation aids and
markers,
3. Inlet management
projects that are a benefit to public navigation in the District,
4. Public shoreline stabilization directly
benefiting the District's waterway channels,
5. Acquisition and development of publicly
owned spoil disposal site and public commercial/industrial waterway access,
6. Waterway signs and buoys for
safety, regulation or information,
7. Acquisition, dredging, shoreline
stabilization and development of public boat ramps and launching facilities,
8. Acquisition, dredging,
shoreline stabilization and development of public boat docking and mooring
facilities,
9. Derelict Vessel
Removal,
10. Waterways related
environmental education programs and facilities,
11. Public fishing and viewing piers,
12. Public waterfront parks and
boardwalks and associated improvements,
13. Maritime Managmement Planning,
14. Waterways boating safety programs and
equipment,
15. Beach renourishment
on beaches adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project; and,
16. Environmental restoration, enhancement or
mitigation projects; and,
17.
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:
1. Landscaping that does not
provide shoreline stabilization or aquatic habitat,
2. Restrooms for non-waterway users,
3. Roadways providing access to
non-waterway users,
4. Parking
areas for non-waterway users,
5.
Utilities for non-waterway related facilities,
6. Lighting for non-waterway related
facilities,
7. Project maintenance
and maintenance equipment,
8.
Picnic shelters and furniture for non-waterway related facilities,
9. Vehicles to transport vessels,
10. Operational items such as fuel, oil,
etc.,
11. Office space that is not
incidental and necessary to the operation of the main eligible public building,
12. Conceptual project planning,
including: cost-benefit analysis, public surveys, opinion polls, public
meetings, and organizational conferences; and,
13. Inlet maintenance.
(c) Project Elements with Eligibility Limits:
Subject to approval by the Board of an itemized expense list:
1. 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.
2. 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.
3. 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:
1. Public boat ramp
and ramp parking inventory and analysis.
2. Public mooring and docking facility
analysis, including day docks and transient slips.
3. Commercial and working waterfront
identification and needs analysis.
4. The identification, location, condition
and analysis of existing and potential navigation channels.
5. An inventory and assessment of accessible
public shorelines.
6. Public
waterway transportation needs.
7.
Environmental conditions that affect boat facility siting, a current resource
inventory survey, and restoration opportunities.
8. Economic conditions affecting the boating
community and boating facilities.
9. 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.
Rulemaking Authority 374.976(2) FS. Law Implemented
374.976(1)-(3) FS.
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.
