Florida Regulations 66A-2.003: Policy
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The following constitutes WCIND’s policy pertaining to the administration of the additional programs undertaken pursuant to Florida Statutes § 374.976
(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 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12689, in accordance with the requirements set forth in Fl. Admin. Code R. 66A-2.004 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 Florida Statutes § 374.976 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 Florida Statutes § 374.976(2), 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.
Rulemaking Authority Florida Statutes § 374.976(2). Law Implemented 374.976(1)-(3) FS. History-New 11-11-90, Formerly 16S-2.003, Amended 3-3-21.
Terms Used In Florida Regulations 66A-2.003
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
(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 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12689, in accordance with the requirements set forth in Fl. Admin. Code R. 66A-2.004 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 Florida Statutes § 374.976 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 Florida Statutes § 374.976(2), 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.
Rulemaking Authority Florida Statutes § 374.976(2). Law Implemented 374.976(1)-(3) FS. History-New 11-11-90, Formerly 16S-2.003, Amended 3-3-21.