Current through Reg. 50, No. 187; September 24, 2024
(1) Four reimbursement methods are available
to the landowner as follows:
(a) Final
Completion Method. Reimbursement of allowable costs in total upon completion of
the project and certification of completion of the project by the
Department.
(b) Completion of
Revegetation. Reimbursement of 95% of allowable costs upon completion of the
revegetation stage and certification of completion of the revegetation stage by
the Department. The remaining 5% will be reimbursed upon completion of the
project and certification of completion of the project by the
Department.
(c) Stage Completion.
Reimbursement of allowable costs upon completion of the stages and
certification of completion of the stages by the Department in the following
manner:
1. 90% of allowable planning,
engineering and surveying costs upon approval of reclamation program and
commencement of reclamation efforts.
2. 90% of allowable earthmoving costs upon
completion of the earthmoving and certification of the completion of the
earthmoving stage by the Department.
3. 90% of allowable revegetation costs and
the remaining 10% of allowable planning, engineering and surveying costs upon
completion of revegetation stage and certification of completion of the
revegetation stage by the Department.
4. The remaining allowable costs will be
reimbursed upon completion of the reclamation program and certification of
completion of the reclamation program by the Department.
(d) Percentage of Completion. Reimbursement,
on a quarterly basis, of allowable costs upon acceptance of the landowner's
progress as identified by the Department's quarterly report according to the
following schedule:
1. 80% of allowable
planning, engineering and surveying costs upon approval of reclamation program
and commencement of reclamation efforts.
2. After completion of the planning and
engineering stage, as the earthmoving and revegetation stages progress, the
State will reimburse the landowner 80% of such allowable earthmoving and
revegetation costs as incurred and paid by the landowner and reported by the
Department during each quarterly period.
3. Upon completion of the revegetation stage,
the State will also reimburse the remaining 20% of the allowable costs incurred
and paid by the landowner for the planning and engineering stage as provided in
subparagraph 1., above.
4. After
completion of the establishment stage and certification by the Department that
the reclamation project has been satisfactorily concluded, the State will
reimburse all other retained allowable expenses.
(2) Once a landowner has selected one of the
reimbursement methods, it may not be changed without the prior approval of the
Department. If a change in reimbursement method is approved, no additional
reimbursements shall be granted in excess of the amount that would have been
allowed had the substitute method been in effect from the inception of the
program.
(3) If the landowner
selects any method other than Final Completion Method, before any such
reimbursement is made, the landowner shall furnish the State of Florida one of
the following:
(a) Documented first mortgage
on the parcel of land subject to reclamation conditioned upon the landowner's
faithful completion of such project in the manner and form set forth in the
reclamation program. Upon default by the landowner in such reclamation program
as determined by the Department, the State shall have the right to foreclose
such mortgage, acquire the land, complete the project. Thereafter, disposition
of the land or the proceeds thereof shall be governed by section
378.035(5),
F.S.
(b) Good and sufficient surety
bond issued by a surety company and in form acceptable to the State in the full
amount of the reclamation project conditioned upon completion of the
reclamation project and certification of satisfactory completion of the project
by the Department.
(c) Irrevocable
letter of credit in form acceptable to the State in the full amount of the
reclamation project and conditioned upon completion of the reclamation project
and certification of satisfactory completion of the project by the
Department.
(d) When the landowner
is the federal, state, county or local government or any agency thereof, the
requirements of subsection (3), may be waived by the Chief Financial Officer
upon written request.
(4)
The cost of providing such mortgage, surety bond, or irrevocable letter of
credit shall not be reimbursable costs under the provisions of chapter 378,
F.S.
(5) The landowner shall
provide the following documentation to the Department prior to reimbursement of
costs submitted for payment:
(a) Affidavit as
provided in subsection
69I-44.006(4),
F.A.C.
(b) Documented first
mortgage, etc., as provided in subsection
69I-44.007(3),
F.A.C.
(c) Copies of cancelled
checks paid to contractors, vendors, employees, etc., for which reimbursement
is being requested. In lieu of such cancelled checks, the Department may accept
an affidavit from the landowner listing all payments made by payee, date of
payment, check number, and certifying that such checks have been issued,
delivered and paid for all items for which reimbursement is being
requested.
(d) Copies of all
contracts between the landowner and contractors and copies of bid tabulations
and bid specifications when applicable.
(6) All payments to the landowner are subject
to final audit upon completion of the reclamation project. The landowner may be
entitled to additional payment or required to refund excess amounts disbursed
based on the findings of the audit.
Rulemaking Authority
17.29,
378.037(2) FS.
Law Implemented 378.037
FS.
New 8-9-83, Amended 10-31-84, Formerly 3A-44.07, Amended
11-30-94, Formerly 3A-44.007.
