Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The terms used in this rule chapter are defined as
				 follows:
(1) "Acquisition" means the
				act of obtaining with Program funds equipment, intangible property, supplies,
				real property, activities and services necessary to plan and carry out a
				project under this rule.
(2)
				"Application" means a member county's formal request for Program funds on the
				specified form with required supporting documentation.
(3) "Board" means the Board of Commissioners
				of WCIND.
(4) "Budget-Cycle
				Funding" or "Budget-Cycle" means the time period between January 1st and June
				15th when project applications may be submitted to WCIND for approval and
				appropriation of project funds by the Board during the TRIM hearing or budget
				approval process for the upcoming fiscal year beginning on October
				1st.
(5) "Capital Improvement"
				means the addition, improvement, modification or alteration of real property
				that materially increases its value or useful life.
(6) "Construction" means the carrying out of
				any altering, building, clearing, demolishing, dredging, excavating, filling
				and related activities of any facility or real property.
(7) "County Navigation Improvement Fund" or
				"CNIF" means the total unencumbered balances of reserve funds assigned to each
				member county in an adopted budget. Each member county CNIF reserve fund
				balance available is its unexpended proportional share of ad valorem tax
				revenues carried over from past fiscal years, including excess funds from
				completed projects, plus such unobligated revenues from the current fiscal
				year.
(8) "Development" in the
				context of capital improvements, means the act of physically improving real
				property or facilities thereon to increase its ability or capacity to serve
				waterway related purposes. In the context of intellectual property,
				"development" refers to the systematic use of scientific and technical
				knowledge in the design, testing, or evaluation of a potential new product or
				service (or of an improvement in an existing product or service) to meet
				specific performance requirements or objectives.
(9) "Equipment" means non-consumable and
				nonexpendable, tangible personal property having a per-unit cost of $5, 000 or
				more and a useful life beyond one year.
(10) "Executive Director" means the Executive
				Director of the WCIND.
(11)
				"Extension" means to increase the size or capacity or make an addition to an
				existing facility. In the context of time, "extension" refers to the additional
				time granted to a member county to complete a project agreement or satisfy a
				condition or requirement under this Rule Chapter.
(12) "Facility" means all or any portion of a
				capital improvement established to be used exclusively for purposes directly
				related to WCIND waterways as set forth in this Rule Chapter.
(13) "Fiscal Year" means WCIND fiscal year,
				October 1st - September 30th.
(14)
				"In-Kind Contribution" means the value of a non-cash contribution provided by a
				member county or third-party to meet a project's match funding
				requirement.
(15) "Intangible
				Property" means property having no physical existence such as trademarks,
				copyrights, or patents, having a per-unit cost of $5, 000 or more and a useful
				life beyond one year.
(16)
				"Intellectual Property" means a copyrightable intangible property that was
				developed with Program funds, or for which ownership was acquired with Program
				funds.
(17) "Liaison Agent" means
				the person officially designated by a member county who is authorized to act on
				its behalf on matters related to participation in the Program.
(18) "Maintenance" means the activities
				necessary to keep facilities or equipment in a condition to serve their
				intended purposes. Maintenance activities include routine, recurring custodial
				services, minor repairs and other non-routine actions which occur on a less
				frequent basis through any give fiscal year.
(19) "Marine Law Enforcement" means law
				enforcement activities performed on WCIND waterways by any of the following:
				county sheriffs and their deputies; municipal police officers; or law
				enforcement officers, part-time law enforcement officers and auxiliary law
				enforcement officers as defined by Section   943.10, F.S.
(20) "Marine Fire Service" means fire
				suppression and prevention activities and related rescue response activities
				for the protection of life and property performed on WCIND waterways by a
				county, municipality, sheriff or special district. Marine fire service may be
				performed in conjunction with marine emergency medical services where the
				marine fire service provider is licensed to perform the same under Chapter 401,
				F.S.
(21) "Match" means the value
				of cash, pre-agreement costs or in-kind contributions provided by a member
				county or third-party to pay its share of the project costs as required by this
				Rule Chapter.
(22) "Member County"
				means a county located within the taxing boundaries of the WCIND.
(23) "Net Ad Valorem Revenue" means WCIND's
				estimated net ad valorem revenues as adopted in its annual budget and
				calculated from subtracting applicable property appraiser and tax collector
				fees from the estimated ad valorem revenue.
(24) "Off Funding Cycle" or "Off-Cycle" means
				the time outside of the TRIM hearing or budget approval process when project
				applications may be submitted to WCIND for approval and appropriation of CNIF
				reserve funds by the Board at a regularly scheduled meeting.
(25) "Operations" means the activities
				necessary for facilities or equipment to function and produce desired results
				on a daily or frequent basis. Where appropriate context applies, operations
				means activities necessary to properly conduct marine law enforcement or
				boating safety and environmental education programs.
(26) "Overhaul" means the repair, rebuild and
				recondition of equipment at or near the end of the equipment's useful life that
				results in a new useful life of the equipment that is consistent with the
				extent of the overhaul.
(27)
				"Planning" means project planning phase activities, including feasibility
				analysis, design, studies, and other tasks required to prepare plans for
				eligible projects prior to construction, including environmental review,
				permitting and compliance tasks, and architectural, survey and engineering
				studies.
(28) "Post-Construction"
				means the monitoring, collection and analysis of physical or biological data,
				or similar activities required by state or federal permits on an annual or
				periodic basis following the completion of the project's construction
				phase.
(29) "Primary Facility"
				means any facility which could stand alone and carry out its project purpose to
				relate directly to WCIND waterways, without a support facility.
(30) "Project" means a planned undertaking
				which includes one or more activities that have a common purpose that relates
				directly to WCIND waterways.
(31)
				"Project Agreement" means an executed contract between WCIND and a member
				county setting forth the terms and conditions of funding an approved Program
				project.
(32) "Real Property" means
				all lands, including improvements and fixtures thereon and property of any
				nature appurtenant thereto or used in connection therewith, and every estate,
				interest, and right, legal or equitable, therein.
(33) "Reconstruction" means the act of
				constructing a previously existing facility again, which was demolished or
				destroyed in whole or in part by fire, casualty or natural disaster.
(34) "Regional and Administrative Efforts"
				means the regional and administrative expenses and contingencies budgeted
				annually for the purposes of providing the requisite local cooperation for the
				construction, maintenance and operation of the Gulf Intracoastal Waterway in
				accordance with Chapter 98-526, Laws of Florida. Regional and administrative
				efforts are budgeted and funded from the annual net ad valorem revenue in
				proportion to each member county's share of the same.
(35) "Specialized Instruction" means the act
				or practice of teaching a particular skill necessary to boat more safely or
				protect the marine environment or advising and informing students in a manner
				that develops an awareness of boating safety or waterway environments, and is
				performed on WCIND waterways. Specialized instruction is specific and exclusive
				to the boater safety or environmental education curriculum and is not included
				under member county or third-party operator salaries.
(36) "Supplies" means all materials,
				fabricated parts and other items of tangible personal property other than
				equipment as defined above.
(37)
				"Support Facility" means a facility which could not stand alone and carry out
				its project purpose to relate directly to the waterways without the primary
				facility.
(38) "Third-Party
				Operator" means a local government or other entity which is provided Program
				funds under written contract with a member county to carry out all or part of
				an approved project in accordance with the project agreement.
(39) "TRIM Hearings" means the public
				hearings required by the Truth in Millage Act as codified in Chapter 200, F.S.,
				to adopt WCIND's annual ad valorem tax millage rate and budget.
(40) "Upgrade" means improvements to
				equipment that are intended to materially improve its functional use or
				heighten the capabilities of its intended use. This term does not include
				overhauls of equipment.
(41)
				"Waterway Related Environmental Issues" means: the physical and biological
				impacts of waterway construction, maintenance, and operation, and related
				restoration and enhancement activities; the role of waterways within watershed
				ecosystems, watershed structure and functions, and the value and benefits of
				healthy watersheds; ecofriendly boating practices and the balance of the
				recreational, economic, and scenic values of such waters.
(42) "WCIND's Interest" means the interest
				that WCIND holds in any tangible or intangible property acquired with Program
				funds based upon WCIND's share in the costs of the original
				acquisition.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 11-11-90, Formerly 16S-2.002, Amended
					 3-3-21.