reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.016 - Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) To ensure the safety, confidentiality,
				and privacy of persons receiving services, the provider shall safeguard
				information identifying domestic violence emergency shelters and center
				participants as provided in Section
				 39.908, F.S. Confidential
				information may be in hardcopy or electronic format and may include name,
				address, phone number, case management plan and notes, safety plan, service
				plan, services provided, referrals, and other related information. Access to
				any participant identifying information shall be limited to staff members who
				have a legitimate interest in the case and have a need to know to carry out
				their job duties.
(2) The
				Department and the contracted entity shall have access to shelters and center
				records to the extent necessary to perform the oversight function. Providers
				may not provide individual participant records to stakeholders, partner
				agencies, and other entities that have an interest in provider operations,
				except as expressly authorized in section
				 39.908, F.S. Client
				communications that satisfy the criteria for a privileged communication under
				Section  90.5036, F.S., may be disclosed
				only as provided in that statute.
(3) The provider shall ensure all center
				employees and volunteers are aware of and understand their obligation to comply
				with Section  39.908, F.S., which prohibits
				the disclosure of shelter location and any information regarding center
				participants without their express written, time-limited consent, except in
				limited circumstances described in the statute.
Rulemaking Authority
					 39.903 FS. Law Implemented
					 39.908
					 FS.
New 11-30-09, Formerly
					  65H-1.004, Amended
					 5-4-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.018 - Funding Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) For each funding
				cycle, the Department or contracted entity will provide all eligible certified
				domestic violence centers with an application for funding with instructions for
				completion.
(2) Newly certified
				centers without previous funding from the Department or contracted entity must
				request an application for funding by July 1 for the following state fiscal
				year. Certification does not guarantee funding.
(3) In accordance with Section
				 39.905(7)(a),
				F.S., all funds collected and appropriated for certified domestic violence
				centers will annually be distributed by the Department or contracted entity
				through an allocation formula developed by the Department or contracted entity.
				The Department will review the allocation formula and any revisions made by the
				contracted entity to ensure that it includes the factors required by Sections
				 39.903 and
				 39.905, F.S.
(4) The Department or contracted entity shall
				provide final approval of applications for and shall award funds appropriated
				for certified domestic violence centers as provided in Section
				 39.903(7), F.S.
				The Department or contracted entity shall contract with successful applicants
				for the operation of certified domestic violence centers.
(5) The Department or contracted entity will
				conduct evaluations of certified domestic violence centers to ensure quality
				services are being provided to center participants.
(6) Funding is contingent upon completion of
				any corrective action required by the Department or contracted entity, unless
				the failure to complete the corrective action is attributable to circumstances
				that are beyond the provider's reasonable control.
Rulemaking Authority
					 39.903 FS. Law Implemented
					 39.903,
					 39.905
					 FS.
New 11-30-09, Formerly
					  65H-1.002, Amended
					 5-4-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.32,
					 741.325 FS. Law Implemented
					 741.32,
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.32,
					 741.325,
					 741.327
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.003 - Program Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.32,
					 741.325,
					 741.327
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.004 - Program Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.005 - Program Curriculum (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.006 - Facilitator Eligibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.007 - Assessor Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.008 - Assessment Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.009 - Assessor Eligibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.010 - Trainer Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.011 - Conflicts of Interest (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.012 - Monitoring (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 741.325 FS. Law Implemented
					 741.325
					 FS.
New 4-26-07, Repealed
					 3-21-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.015 - Program Application Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Application.
(a) Application for initial
				certification or for renewal of certification shall be made on Form CF 831,
				Batterers' Intervention Program Certification Application, (August 2022), which
				is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14616
.
				The individual owner or the designated representative of a corporation or
				partnership shall complete the application.
(b) All program locations of a provider shall
				be included in the application.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.016 - Program Requirements

Current through Reg. 50, No. 138; July 16, 2024
To qualify for certification, a batterers' intervention
				  program shall meet and comply with the following minimum standards:
(1) Community Collaboration and Coordination.
(a) The program must coordinate its efforts
				within the community, particularly with victims and their families, the local
				justice system, social service agencies, including the certified domestic
				violence centers, and state and local governments to enhance the safety of
				victims and their children and establish protocols to effectively communicate
				to stakeholders any potential danger the batterer poses to the victim and/or
				children.
(b) The provider will
				inform courts, prosecutors, probation and parole, the victim, and other
				stakeholders as appropriate to the case of the batterer's positive progress and
				compliance with program expectations, and if the batterer is not in compliance
				with the program expectations or demonstrates any risk of repeat violence or
				homicide.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.017 - Program Curriculum

Current through Reg. 50, No. 138; July 16, 2024
(1) The program
				curriculum shall be based on a psychoeducational or cognitive behavioral
				therapy intervention model that recognizes domestic violence and dating
				violence as the result of one person in an intimate relationship systematically
				using tactics of coercion, emotional abuse and physical violence in order to
				assert power and control over the other. The curriculum shall incorporate the
				following elements/content:
(a) An educational
				approach that assigns responsibility for the violence solely to the batterer
				and provides a strategy for assisting the batterer in taking responsibility for
				the violence,
(b) Encourages the
				batterer to develop critical thinking skills that will allow the batterer to
				rethink their behavior and identify behavior choices other than violence,
(c) Addresses intimate partner
				violence as a learned behavior, not an impulse control issue,
(d) Domestic violence is not provoked or the
				result of substance abuse and recognizes substance abuse patterns in domestic
				violence,
(e) The batterer's
				ability to identify and articulate feelings,
(f) Communication skills and listening with
				empathy,
(g) Negotiation and
				conflict resolution skills,
(h)
				Addresses gender specific forms of violence and challenges stereotypical gender
				role expectations,
(i) Strategies
				for helping the batterer to develop and improve support systems,
(j) The effects of distorted thinking on
				emotions and behavior, and
(k) The
				effects of domestic violence on children.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.018 - Facilitator Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Facilitator
				Employment Credentials. A facilitator employed or contracted by a provider
				shall meet the following educational, experiential, and training requirements:
(a) Bachelor's degree or, in lieu of a
				bachelor's degree, two years of experience working with domestic violence
				victims and batterers;
(b)
				Completion of 40 hours of domestic violence training to include at a minimum,
				domestic violence tactics, risk indicators to homicide,
				culturally-informed/culturally competent practices, batterers as parents, the
				relationship of substance abuse and mental health in domestic violence, victim
				blaming, perpetrator accountability, participation in coordinated community
				response efforts, and court attendance during domestic violence
				cases;
(c) Completion of 21 hours
				of facilitator training on the power and control model of intervention,
				gender-based violence model, and group facilitation;
(d) Completion of 72 hours of supervised
				facilitating or co-facilitating batterers' intervention groups. Within six
				months of promulgation of this rule, supervised facilitating or co-facilitating
				batterer's intervention groups must be completed with a Florida certified
				batterer's intervention program;
(e) Documentation for all facilitator
				training shall be submitted to the ODV for approval prior to a facilitator
				facilitating groups on their own. Facilitator training will be approved if it
				meets the standards set forth in this rule.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.019 - Assessor Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Assessor
				Credentials. The provider must hire or contract with assessors who meet the
				following educational, experiential, and training requirements, and must
				maintain the necessary documentation to demonstrate compliance with these
				requirements:
(a) Licensed or eligible for
				license under Chapter 490, 491, or 397, F.S., and two years of supervised
				psychosocial assessment clinical experience. Individuals with a minimum of
				three years of experience conducting assessments for batterers' intervention
				programs prior to the promulgation of this rule are exempt from this
				requirement.
(b) Completion of 30
				hours of domestic violence training to include at a minimum, domestic violence
				tactics, risk indicators to homicide, culturally-informed practices, batterers
				as parents, the relationship of substance abuse in domestic violence, victim
				blaming, survivor-focused/trauma-informed services, participation in
				coordinated community response efforts, and court attendance during domestic
				violence cases.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.020 - Conflicts of Interest

Current through Reg. 50, No. 138; July 16, 2024
(1) It is essential
				to the proper operation of batterers' intervention programs that direct-service
				staff, program employees, assessors, concurrent treatment providers, and
				program participants do not engage in any activity that presents a conflict of
				interest or the appearance of a conflict of interest. The provider must
				maintain policies pertaining to conflicts of interest.
(2) If an assessor determines that the
				batterer who has been referred to a batterers' intervention program should also
				be referred for further evaluation, the assessor shall provide a list of
				licensed or certified providers to the batterer. The assessor may not
				self-refer.
(3) Program staff or
				assessors providing direct services to program participants must not engage in
				direct counseling or therapy with the victim, and/or current partner of the
				program participant, or with family or household members of the victim and/or
				current partner.
Rulemaking Authority
					 741.327 FS. Law Implemented
					 741.32,
					 741.325,
					 741.327
					 FS.
New 9-4-22.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS › Section 65H-2.021 - Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department will conduct monitoring of
				certified programs to ensure compliance of the minimum standards as set forth
				in this rule chapter.
(2) The first
				monitoring of a certified batterers' intervention program may be conducted
				on-site within six (6) months after initial certification. Thereafter, a
				certified batterers' intervention program will be monitored annually, through
				an on-site visit or desk review, as determined by the Department. However,
				monitoring may occur at any time there is a corrective action or a complaint to
				the Department.
(3) Within 30
				calendar days after the monitoring, the provider will receive a written report
				from the Department indicating whether or not standards have been
				met.
(4) If Department monitoring
				indicates that a provider has violated or otherwise does not meet the standards
				set forth in this rule chapter, the provider will be given 30 calendar days
				from the date of the written report to submit a corrective action plan. The
				severity of the noncompliance may affect the period of time allowed for
				correction, but in no event shall the corrective action period exceed 90 days.
(a) The proposed corrective action plan must
				contain all of the following:
1. The actions
				the provider and its staff will take to correct each of the violations
				identified and to comply with the applicable requirements;
2. The name of the staff person(s)
				responsible for completing each action; and
3. A timeframe for accomplishing each
				action.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 7-15-93, Formerly 10C-33.003, Amended
					 2-16-00, Formerly  65A-33.003, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.002 - Eligibility Factors Other Than Income (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 7-15-93, Formerly 10C-33.004, Amended
					 2-16-00, Formerly  65A-33.004, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.003 - Determination of Eligibility Based on Income (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Formerly 10C-33.005, Amended 2-16-00, Formerly
					  65A-33.005, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.004 - Income (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Formerly 10C-33.006, Amended 2-16-00, Formerly
					  65A-33.006, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.005 - Verification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 4-2-91, 7-15-93, Formerly 10C-33.007,
					 Amended 2-16-00, Formerly
					  65A-33.007, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.006 - Program Administration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 4-2-91, 7-15-93, Formerly 10C-33.008,
					 Amended 2-16-00, Formerly
					  65A-33.008, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.007 - Eligible Payments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 4-2-91, Formerly 10C-33.009, Formerly
					  65A-33.009, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.008 - Ineligible Payments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Formerly 10C-33.010, Formerly
					  65A-33.010, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65I - Office on Homelessness › Chapter 65I-1 - EMERGENCY FINANCIAL ASSISTANCE FOR HOUSING PROGRAM › Section 65I-1.009 - Type and Amount of Assistance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 414.45,
					 420.622 FS. Law Implemented
					 414.16
					 FS.
New 3-13-88, Amended 4-2-91, 7-15-93, Formerly 10C-33.011,
					 Amended 2-16-00, Formerly
					  65A-33.011, Repealed by Chapter
					 2013-74, Laws of Florida 7-1-13.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.001 - The District

Current through Reg. 50, No. 138; July 16, 2024
(1) West Coast
				Inland Navigation District, also referred to as WCIND, was created pursuant to
				Chapter 23770, Laws of Florida (1947). WCIND is an independent, multi-county
				special taxing district composed of the Counties of Manatee, Sarasota,
				Charlotte and Lee.
(2) WCIND was
				created to implement the requirements and conditions imposed upon "local
				interests, " by the Congress of the United States of America, in its River and
				Harbor Act approved March 2, 1945, authorizing the improvement and construction
				of an inland waterway from the Caloosahatchee River, Florida, to the Anclote
				River, Florida. Part 211 of Title 33 - Navigation and Navigable Waters, of the
				Code of Federal Regulations, contains current regulations of the Corps of
				Engineers, Department of the Army, governing the Corps' activities in
				connection with Federal civil works projects like the Intracoastal Waterway
				from the Caloosahatchee River, Florida to the Anclote River, Florida. These
				Federal regulations provide that no land shall be acquired on account of the
				United States except under a law authorizing such acquisition. (The Federal law
				authorizing the project is the River and Harbor Act approved by the Congress of
				the United States of America, on March 2, 1945.) The Federal regulations
				require local cooperation for civil works projects, meaning that local
				(non-Federal) interests are required to provide without cost to the United
				States, all lands, easements and rights-of-way for the construction of the
				projects. WCIND was created by The Florida Legislature in 1947 to provide the
				requisite local cooperation for the construction and maintenance of the
				waterway. WCIND is authorized to obtain by donation, purchase or condemnation
				and convey without cost to the United States, the necessary rights of way for
				said project together with suitable areas for the deposit of spoil material in
				connection with the work and its subsequent maintenance, all as contemplated
				and required by the Congress of the United States, and those acting by its
				authority.
(3) WCIND is also
				responsible for undertaking programs intended to alleviate problems associated
				with its waterway, and is empowered and authorized to carry out waterway
				development projects specified in Sections   374.975 and   374.976,
				F.S.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.001.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.002 - The Agency Head

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency Head of WCIND is a governing
				body known as the "Board of Commissioners of West Coast Inland Navigation
				District." It is comprised of four members, each of whom is an elected County
				Commissioner of the County he or she represents on said Board, and selected in
				each instance by the several County Boards from the membership thereof. Each
				member's term of office is for one year or until such time the member county
				appoints a successor.
(2) In
				addition to its designated WCIND Board member, each member county shall also
				designate an alternate member who is authorized to attend all board meetings
				and other District-approved activities and participate in board deliberations,
				but who shall not be authorized to vote except in case of the absence of the
				designated board member. Each designated alternate shall be an elected County
				Commissioner of the County he or she represents on the District Board, selected
				in each instance by the several County Boards from the membership thereof. Each
				alternate member's term of office is for one year or until such time as the
				member county appoints a successor.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.002.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.003 - General Description of District Organization and Operations

Current through Reg. 50, No. 138; July 16, 2024
(1) The District is comprised of the Board,
				the Executive Director and District staff. The internal organizational
				structure of the District is reflected graphically in Figure 1-1.
WEST COAST INLAND NAVIGATION DISTRICT ORGANIZATIONAL
				 CHART
GOVERNING BOARD
EXECUTIVE DIRECTOR
DISTRICT STAFF
Figure 1-1
(2) The Governing Board. The functions,
				duties and responsibilities of the Board are described in Rule   66A-1.001,
				F.A.C.
(3) The Executive Director.
				The District shall have an Executive Director, and the Board shall employ some
				qualified person to act in such capacity and by resolution shall define the
				qualifications, term and duties of such office. The Executive Director is the
				chief executive officer of the District. He is responsible for the overall
				management and review of the District programs, including the coordination of
				Board activities and the implementation of Board decisions and directives, as
				well as providing general direction and guidance by allocating organizational
				resources and reviewing organizational performance. His duties and
				responsibilities include the overall management and supervision of all District
				staff.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.003.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.004 - General Information Concerning District

Current through Reg. 50, No. 138; July 16, 2024
The principal office of WCIND is located at 200 East Miami
				 Avenue, P.O. Box 1845, Venice, Florida 34284, with telephone number of
				 (813)485-9402. All WCIND records, publications, forms and documents are
				 available at the above-referenced location during the office hours from 8:00
				 a.m. to 4:00 p.m., Monday through Friday, except holidays.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.004.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.005 - Statutory Chapters and Rules

Current through Reg. 50, No. 138; July 16, 2024
The statutes and rules affecting the operation of WCIND
				 include:
Chapter 23770, Laws of Florida (1947).
Chapter 27289, Laws of Florida (1951).
Chapter 27290, Laws of Florida (1951).
Chapter 28542, Laws of Florida (1953).
Chapter 30074, Laws of Florida (1955).
Chapter 57-467, Laws of Florida (1957).
Chapter 59-756, Laws of Florida (1959).
Chapter 61-1590, Laws of Florida (1961).
Chapter 77-494, Laws of Florida (1977).
Chapter 79-435, Laws of Florida (1979).
Chapter 81-337, Laws of Florida (1981).
Chapter 85-200, Laws of Florida (1985).
Chapter 86-282, Laws of Florida (1986).
Section   374.761, F.S.
Section   374.975, F.S.
Section   374.976, F.S.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.005.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.006 - Public Information and Inspection of Records

Current through Reg. 50, No. 138; July 16, 2024
All WCIND documents, publications or recorded actions shall
				 be public records and available for inspection and copying at WCIND's principal
				 office. Copies of such records shall be available at a charge for the cost of
				 copying such records.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.006.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-1 - GENERAL AND PROCEDURAL RULES › Section 66A-1.007 - Agency Clerk

Current through Reg. 50, No. 138; July 16, 2024
The Executive Director of WCIND shall be the Agency Clerk and
				 as such shall be the official custodian of the minute books, records, maps,
				 seal, and other properties and records of the District. Such officer shall be
				 authorized to affix the official seal of the District to its legal documents
				 and to certify copies of any official proceedings of the
				 District.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 11-11-90, Formerly
					 16S-1.007.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section   374.976, F.S., the West Coast Inland
				 Navigation District (WCIND) is authorized to undertake additional programs
				 intended to alleviate the problems associated with its waterways. The purpose
				 of this Rule Chapter is to set forth WCIND's policies and procedures
				 implementing such program, which shall be known hereafter as WCIND'S Waterway
				 Development Program (WDP or the Program).
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 11-11-90, Formerly 16S-2.001, Amended
					 3-3-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0011 - Scope

Current through Reg. 50, No. 138; July 16, 2024
The provisions of this rule chapter implement the additional
				 programs intended to alleviate problems associated with WCIND's waterways under
				 Section   374.976, F.S. Nothing herein shall be construed to limit WCIND's
				 authority to administer programs under its codified special act charter in
				 Chapter 98-526, Laws of Florida, or otherwise restrict any other powers granted
				 to WCIND thereunder.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 3-3-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.003 - Policy

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes WCIND's policy pertaining to the
				 administration of the additional programs undertaken pursuant to Section
				   374.976, F.S:
(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.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.004 - Application Requirements

Current through Reg. 50, No. 138; July 16, 2024
All member county requests for Program funds shall be
				 submitted in accordance with the following application requirements:
(1) Budget-Cycle Funding Applications. Member
				counties shall submit a completed Form No. 1, "Funding Application, " which is
				incorporated by reference in subsection   66A-2.003(2)   F.A.C., for each
				budget-cycle funding request with supporting documents and an official Board of
				County Commissioners resolution approving such applications from January 1st
				through June 15th of each year to be considered at the Board's TRIM hearings
				and funding approval for the following fiscal year. Applications which are not
				received in WCIND's headquarters in paper or electronic format by 4:00 p.m. on
				June 15th of each year may be rejected from consideration at the TRIM
				hearings.
(2) Off-Cycle Funding
				Applications. Member counties shall submit a completed Form No. 1, "Funding
				Application, " which is incorporated by reference in subsection   66A-2.003(2),
				F.A.C., for each off-cycle funding request no less than thirty (30) days prior
				to the next regularly scheduled meeting to be considered for funding approval
				by the Board. Applications which are not received in WCIND's headquarters in
				paper or electronic format by such date, may be rejected from consideration at
				the next regularly scheduled Board meeting. Supporting documents and an
				official Board of County Commissioners resolution approving the application
				need not be submitted with the completed application but must be submitted
				prior to the Board's consideration at its next regularly scheduled
				meeting.
(3) WCIND shall review all
				applications for compliance with this Rule Chapter and Section   374.976, F.S.,
				and may reject those that are found non-compliant. Additionally, WCIND may
				reject applications from member counties which have previously been found
				non-compliant with the provisions of this Rule Chapter or the terms of a
				previous project agreement pursuant to subsection   66A-2.003(7),
				F.A.C.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 11-11-90, Formerly 16S-2.004, Amended
					 3-3-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0041 - Disaster Relief Projects

Current through Reg. 50, No. 138; July 16, 2024
At a regular or special meeting, the Board may waive the
				 requirements of this rule chapter and funding limitations in Section
				   374.976(3), F.S., to approve and fund disaster relief projects in member
				 counties recovering from a storm event or natural disaster resulting in a state
				 of emergency declared under Chapter 252, F.S. Disaster relief projects approved
				 by the Board shall be distributed under a project agreement and be subject to
				 the remaining conditions in Section   374.976, F.S. Member counties must submit
				 funding requests for disaster relief projects along with a waiver request, if
				 necessary, to WCIND on Form No. 1, "Funding Application", which is incorporated
				 by reference in subsection   66A-2.003(2), F.A.C., prior to the Board's
				 consideration at its regular or special meeting.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 3-3-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.005 - Project Eligibility

Current through Reg. 50, No. 138; July 16, 2024
Eligible project costs are only those costs associated with
				 the specific types of projects and activities listed in Rules 66A-2.20051
				 through   66A-2.0055, F.A.C., for each project category, as long as the
				 expenditures incurred by the member county are reasonable and necessary for the
				 performance of an approved project. A cost is reasonable if, in its nature and
				 amount, it does not exceed that which would be incurred by a prudent person
				 under the circumstances prevailing at the time the decision was made to incur
				 the cost. The following provisions set forth the general eligibility
				 requirements of the Program.
(1)
				Ineligible Activities or Costs. Unless otherwise allowed by the eligibility
				requirements within a project category, the following costs are prohibited from
				Program funding or use as match funding:
(a)
				Indirect, contingencies, miscellaneous, or reoccurring personnel related
				costs;
(b) Member county in-house
				labor or other costs related to compensating employees, including salaries and
				wages, and fringe benefits costs;
(c) Operational, maintenance and
				administrative, utility, rent, taxes and insurance costs;
(d) Expenditures for equipment, materials and
				supplies, or services not used exclusively for an approved project;
(e) Expenditures for vehicles or overland
				transportation services;
(f)
				Expenditures for enclosed buildings or structures; and
(g) Civil air patrols.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0051 - Public Navigation Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Public
				Navigation Facilities. Program funds may be used to pay direct costs incurred
				in connection with capital improvements resulting in public navigation
				facilities, including the cost of acquisition, planning, development,
				construction, reconstruction, extension, post-construction, operation,
				maintenance and related activities. Eligible public navigation facilities
				include:
(a) Primary Facilities.
1. Public navigation channels;
2. Spoil material disposal areas;
3. Inlet management projects approved by the
				Board pursuant to Section   374.976(1)(b), F.S.;
4. Public navigation channel markers or other
				aids to navigation, including, but not limited to, signs, symbols, beacons,
				buoys, or lights; and
5. Other
				primary facilities as determined by the Board to benefit or enhance public
				navigation.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0052 - Boater Recreation Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Boater
				Recreation Facilities. Program funds may be used to pay direct costs incurred
				in connection with capital improvements resulting in boater recreation
				facilities, including the cost of acquisition, planning, development,
				construction, reconstruction, extension, post-construction and related
				activities. Eligible boater recreation facilities include:
(a) Primary Facilities.
1. Public docks, boat ramps and launching
				facilities, tie-up facilities, and mooring fields;
2. Public piers providing access to WCIND
				waterways for recreational boaters, canoers or kayakers;
3. Public canoe or kayak trails and launching
				facilities;
4. Spoil island or
				natural island restoration within WCIND's waterways providing for boater access
				and recreational purposes; and
5.
				Other primary facilities as determined by the Board to benefit or enhance
				recreational boater access, except enclosed structures which are ineligible as
				primary facilities.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0053 - Environmental Education Projects

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Environmental Education Facilities. Program funds may be used to pay direct
				costs incurred in connection with capital improvements resulting in
				environmental education facilities, including the cost of planning (except for
				feasibility analysis), development, construction, reconstruction, extension,
				post-construction and related activities. Eligible environmental education
				facilities include:
(a) Primary Facilities.
				Exhibits, demonstrations or interpretive sites constructed and installed within
				an existing educational facility which provide a range of environmental
				educational and interpretive programs, including aquariums, signs, kiosks,
				trails or walkways, wayside panels, static, interactive, multimedia or virtual
				displays, and other similar features which convey information about
				environmental education.
(b)
				Support Facilities.
1. Permanent appurtenances
				mounted or fastened to the existing educational facility to support the
				structural integrity of an installed exhibits demonstration or interpretive
				site or required to connect to existing utility services; and
2. Other support facilities as determined by
				the Board installed and integrated into an exhibits demonstration or
				interpretive site which provides an interactive user experience and conveys
				information about environmental education.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0054 - Boater Safety and Education Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Boating
				Safety and Education Facilities. Program funds may be used to pay direct costs
				incurred in connection with capital improvements resulting in boating safety
				and education facilities, including the cost of planning (except for
				feasibility analysis), development, construction, reconstruction, extension,
				post-construction and related activities. Eligible boating safety and education
				facilities include:
(a) Primary Facilities.
1. Docks and lifts that enhance the
				capabilities of marine fire and rescue services;
2. Docks and lifts that enhance the
				capabilities of boating safety and education instruction; and
3. Signage at public docks, boat ramps and
				launch facilities that increases awareness of boating safety and educates the
				boating pubic.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0055 - Marine Law Enforcement Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Marine Law
				Enforcement Facilities. Program funds may be used to pay direct costs incurred
				in connection with capital improvements resulting in marine law enforcement
				facilities, including the cost of planning (except for feasibility analysis),
				development, construction, reconstruction, extension, post-construction and
				related activities. Eligible marine law enforcement facilities are limited to
				docks lifts or similar primary facilities providing mooring and access for law
				enforcement vessels.
(2) Marine Law
				Enforcement Equipment. Program funds may be used to pay direct costs incurred
				in connection with enhancing marine law enforcement capabilities, including
				acquisition, overhaul and upgrade of the following equipment:
1. Vessels and appurtenant equipment, such as
				trailers, communication or navigation systems, lights and similar vessel
				accessory apparatus and onboard safety equipment;
2. Other equipment as determined by the Board
				to enhance the capabilities of marine law enforcement.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.006 - Project Design Criteria (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  374.976(2)  FS. Law Implemented  374.976 FS.
New 11-11-90, Formerly 16S-2.006, Repealed
					 3-3-21.