Current as of: Dec. 2011
(1) The FCMP shall review applications in consultation with agencies having the appropriate expertise to evaluate the merits of the projects and provide technical comments and recommendations to the FCMP. The FCMP shall determine which projects will be included in the state’s cooperative agreement application to NOAA based on the consultation and the following criteria: the project’s feasibility; the cost-effectiveness of the project; and the degree to which the project meets the priorities stated in the notice of availability of funds, complements other state and federal resource management programs and initiatives, and meets or reduces an unmet need.
(2) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by the Department and NOAA.
(3) Funds awarded by the procedures described in this chapter shall not be used to supplant or replace any state or local funds, used as matching funds to apply for or receive other federal funds, or used as match for funds awarded as a result of the application processes described in this chapter.
(4) Funding of any application submitted in response to the FCMP’s notice of availability of funds and in accordance with this rule chapter is subject to the amount of federal coastal zone management funds awarded to the FCMP and the amount allocated to the CPI by the FCMP.
(5) Notice of funding decisions shall be published on the FAW website at https://www.flrules.org/. Any person whose substantial interests are affected may request a hearing pursuant to Section 120.569, F.S., within 21 days of publication of the notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.
(6) A timely filed petition for an administrative hearing shall not cause the suspension of further action on other applications. If, as a result of a Chapter 120, F.S., administrative or judicial proceeding, the Department’s decision not to fund an application is reversed, the Department shall include the application among any state agency or water management district projects included in the following year’s application for coastal zone management funds pursuant to the Act.
Rulemaking Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 1-29-09, Amended 8-11-10.
Laws implemented by this Rule: Florida Statutes § 380.22, 380.27
Questions & Answers: Coastlines
Florida Laws: Coastlines