Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.004 - Policy

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the policy of the District
				 regarding the administration of the program.
(1) Financial Assistance Eligibility:
				Eligible federal, state and regional agencies may be provided financial
				assistance, support or cooperation in planning, acquisition, development,
				construction, reconstruction, extension, improvement, operation or the
				maintenance of public navigation, local and regional anchorage management,
				beach nourishment, public recreation, inlet management, environmental
				education, maritime management plans, and boating safety projects directly
				related to the waterways. Eligible projects shall include the acquisition and
				development of public boat ramps, launching facilities, and public boat docking
				and mooring facilities, including those in man-made, navigable waterways
				contiguous to "waterways" as defined in Rule   66B-1.003, F.A.C.
(2) Notification: The District will notify,
				by direct mail, email and/or advertised public notice, all eligible state
				agencies of the program and the upcoming authorized submission
				period.
(3) Project Approval:
				Approval of projects by the District shall be in accordance with these
				rules.
(4) Project Accessibility:
				Facilities or programs funded in whole or in part by program funds shall be
				made available to the general public of all of the member counties on a
				non-exclusive basis without regard to race, color, religion, age, sex or
				similar condition. Additionally, facilities funded in whole or in part by
				program funds, shall not require a paid membership for the general public of
				all of the member counties as a condition to use the facilities. User or
				entrance fees may be charged for the use of facilities funded in whole or in
				part by program funds, however such fees shall be reasonable and shall be the
				same for the general public of all of the member counties.
(5) Waterway Impacts: All development
				projects must be designed so as not to impact navigation along the District's
				waterways through the placement of structures, attendant uses, or the necessity
				of a boating speed zone for safety purposes. Before applying for boating speed
				zone designation in District waterways because of a project funded by this
				program, the sponsor shall first receive approval from the Board. The Board
				will use the criteria found in Section   327.46(1), F.S., in determining whether
				to approve the proposed boating speed zone.
(6) Project Maintenance: The project sponsor
				shall be responsible for the operation, maintenance, and management of the
				project for the anticipated life of the project and shall be responsible for
				all expenses required for such purposes. The project shall be maintained in
				accordance with the standards of maintenance for other similar local facilities
				and in accordance with applicable health standards. Project facilities and
				improvements shall be kept reasonably safe and in reasonable repair to prevent
				undue deterioration and to encourage public use. The project sponsor shall have
				full legal authority and financial ability to operate and maintain the project
				facilities.
(7) Education
				Facilities and Programs: Waterways related environmental education facilities
				and programs sponsored by the District shall occur at specially designated
				environmental education facilities located adjacent and contiguous to the
				waterways. It is the District's intent to consolidate its environmental
				education efforts in the least number of facilities within an area that will
				adequately serve the education needs of that area of the District.
(8) Public Information Availability: Public
				information produced with assistance from this program shall not be copyrighted
				and shall be provided free of cost, except for the cost of reproduction, to the
				public.
(9) Third-Party Project
				Operators: Projects that are being operated by a third party shall have
				sufficient oversight by the eligible project sponsor as determined by the
				Board. Such oversight at a minimum will include a project liaison that is a
				staff member of the eligible project sponsor, and oversight of the operating
				hours and admission fees of the facility by the eligible project sponsor
				through a legal agreement. All third party projects shall be open to the public
				in accordance with this rule.
(10)
				Non-compliance: The District shall terminate a project agreement and demand
				return of program funds disbursed to the project sponsor for non-compliance
				with any of the terms of the project agreement or this rule, if such
				non-compliance calls into question the ability of the applicant to complete the
				project. Failure of a project sponsor to comply with the provisions of this
				rule or the project agreement shall result in the District declaring the
				project sponsor ineligible for further participation in the program until such
				time as compliance has been met to the satisfaction of the District.
(11) Fees: Any public project eligible for
				District program funds that charges a fee or will charge a fee must create and
				maintain an enterprise fund for the public project that shall plan for and
				retain at all times sufficient funds for the on-going maintenance of the
				facility during its project life. Accounting records of the previous five years
				of the public project's enterprise fund will be submitted as part of any
				subsequent assistance program application to the District.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1), (2)  FS.
New 12-17-90, Amended 2-6-97, Formerly 16T-1.004, Amended
					 5-17-98, 3-31-99, 3-5-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 3-7-11,
					 3-7-12, 1-27-14, 2-17-15.