2016 Florida Regulations 62-552.370: Construction Grants for Financially Disadvantaged Communities
Effective date: 7/20/1999
Grants shall be available only to project sponsors that qualify as financially disadvantaged communities. Additionally, projects must meet the financial burden, benefit limitation, and priority criteria under this rule section. Grants shall be available only after a listing on the fundable portion of the priority list has been obtained, a complete grant application has been submitted to the Department, and a grant agreement has been executed.
(1) Construction grants shall be subject to the following limitations:
(a) The grant amount plus the loan amount, when the non-grant funded share is funded under this rule chapter, for a project in any one year shall not exceed the lesser of $750,000 or 25% of the funds available under subsection 62-552.300(8), F.A.C. The total financial assistance shall be less than the foregoing not-to-exceed amount when there are insufficient funds to enable funding of all projects qualifying for such assistance on the fundable portion of the priority list. When deferred funding occurs under paragraph (f) below, the minimum segmented grant and loan amount available in any one year shall be the lesser of the estimated adjusted post-allowance project costs or $375,000 subject to the 25% limitation referenced above.
(b) The grant funding shall not exceed 85% of any allowance under Rule 62-552.420, F.A.C., and the estimated post-allowance project costs when the median household income is below 80% of the statewide average and the financial burden ratio is at least 0.5% as established under paragraph 62-552.200(14)(b), F.A.C.
(c) The grant funding shall not exceed 65% of any allowance under Rule 62-552.420, F.A.C., and the estimated post-allowance project costs when the following conditions have been met:
1. The median household income is at least 80% of the statewide average but less than the statewide average and the financial burden ratio is at least 1.0% as established under paragraph 62-552.200(14)(b), F.A.C., or
2. The median household income is below 80% of the statewide average and the financial burden ratio is less than 0.5% as established under paragraph 62-552.200(14)(b), F.A.C.
(d) No project sponsor shall be eligible to receive more than one construction grant unless the project priority is based, in part, on consolidation or regionalization under paragraph 62-552.650(5)(c), F.A.C. However, a grant that is segmented for deferred funding as described under paragraph (a) above or paragraph (i) below shall not be construed to be multiple grants.
(e) A project sponsor shall document as part of the requirements under paragraph 62-552.700(4)(i), F.A.C., that the debt service component of the user charge (or equivalent thereof) to median household income ratio requirement of paragraph 62-552.200(14)(b), F.A.C., has been met.
(f) A project sponsor, owning or operating more than one public water system, shall document under subparagraph 62-552.700(4)(i)5., F.A.C., that the exclusive benefit requirement has been met.
(g) Grants shall be awarded only for projects and for project components to which a public health risk has been assigned under paragraphs 62-552.650(4)(a) through (d), F.A.C. When a multiple component project has both public health risk and compliance priority components, project components to which compliance priorities have been assigned under paragraph 62-552.650(4)(e), F.A.C., may be grant funded subject to the following considerations:
1. Project components having public health risk priorities under paragraphs 62-552.650(4)(a) through (d), F.A.C., shall be funded before any consideration is given to funding project components having compliance priorities.
2. In the event grant funds remain available after all public health risk priority project components are funded, project components having compliance priorities shall be funded in order of priority rank established under Rule 62-552.655 or 62-552.680, F.A.C.
3. No project component to which an “other” priority has been assigned under Rule 62-552.650(4)(f), F.A.C., shall be eligible for grant funding.
(h) The funding of projects qualifying for grants in excess of the amount available from the Department in a single fiscal year shall be segmented for deferred funding under paragraph (a) above and paragraph 62-552.600(1)(b) and subparagraph 62-552.655(4)(a)1., F.A.C.
(i) A project sponsor shall obtain, within 180 days of grant agreement execution, a binding commitment for the non-grant share of the project costs described in, and to be incurred under, the grant agreement if such funds are not available at the time of grant application. No grant disbursements shall be made before the non-grant share has been secured.
(2) Compliance with the requirements of this rule chapter shall be necessary to qualify for a construction grant.
(3) Failure to comply with the terms and conditions of the grant agreement shall result in one or more of the following actions:
(a) Grant disbursement withholding.
(b) Suspension, termination, or annulment of the grant agreement.
(c) Legal proceedings to recover the grant amount.
Specific Authority 403.8532 FS. Implements Florida Statutes § 403.8532. History—New 8-10-98, Amended 7-20-99.