reglab/statecodes huggingface dataset:
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.007 - Funding Conditions

Current through Reg. 50, No. 138; July 16, 2024
The following constitute the general conditions for Program
				 compliance:
(1) Three-Year Encumbrance
				Limit. Program funds shall not be encumbered for a project beyond three years
				following approval of a project (October 1 for budget-cycle projects and three
				years from the date of Board approval for off-cycle projects).
(2) Match Funds. With the exception of public
				navigation, marine law enforcement or environmental education projects,
				matching funds are required and shall be clearly identified and enumerated as
				to amount and source on all requests for funding. Member counties shall provide
				documentation verifying the amount and source of matching funds in accordance
				with subsection   66A-2.005(2), F.A.C.
(3) Site Dedication. Real property which is
				developed with Program funds shall be dedicated in accordance with the
				following:
(a) Public Lands. Member county and
				local government lands which are developed with Program funds shall be
				dedicated in perpetuity as a waterway development project site for the use and
				benefit of the general public. Lands which are under control of a member county
				or local government by lease agreement or other legally binding document, shall
				be dedicated as a waterway development project site for the use and benefit of
				the general public for a minimum of twenty-five (25) years from the completion
				date set forth in the project completion certificate. Member counties shall
				record such dedications within their respective public property
				records.
(b) Private Lands. Private
				lands of a third-party operator may be developed with Program funds for boater
				safety and education or environmental education projects as described in Rule
				  66A-2.005, F.A.C. In such instances, member counties shall provide safeguards
				to ensure that the project site located on the third-party operator's lands are
				operated and maintained for boater safety and education or environmental
				education purposes and opened to the general public for a minimum of
				twenty-five (25) years from the completion date set forth in the project
				completion certificate.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.008 - Accountability

Current through Reg. 50, No. 138; July 16, 2024
The following procedures shall govern the accountability of
				 Program funds:
(1) Member counties are
				responsible for maintaining an accounting system which meets generally accepted
				accounting principles and for maintaining such financial records as are
				necessary to properly account for all Program funds.
(2) Quarterly Reports: Member counties shall
				submit completed quarterly status reports to WCIND in accordance with
				subsection   66A-2.0071(6), F.A.C.
(3) Completion Certification: Final
				certification of project completion and supporting documents as outlined in
				subsection   66A-2.0071(9), F.A.C., shall be submitted to WCIND prior to final
				reimbursement of Program funds for each project.
(4) Auditing: All project records including
				project costs shall be available for review by WCIND or by an auditor selected
				by WCIND for 3 years after completion of the project.
(5) Project Records: The member county shall
				retain all records supporting project costs for three years after either the
				completion of the project or the final reimbursement payment, whichever is
				later, except that should any litigation, claim, or special audit arise before
				the expiration of the three-year period, the member county shall retain all
				records until the final resolution of such matters. Records for real property,
				capital improvements and equipment must be retained for three years after
				disposition or replacement.
(6)
				Repayment: If it is found by WCIND or any state, county or independent auditor
				that funds had not been used in accordance with the project agreement, this
				Rule Chapter or Section   374.976, F.S., the member county shall be responsible
				for refunding the misused funds to WCIND. Payment of the refund shall include
				interest calculated from date of original County receipt of the funds, through
				date of WCIND's receipt of the refund at the same rate which would have been
				paid during said period for the funds if they have been invested in the State
				of Florida Local Government Surplus Funds Trust Fund (Florida
				PRIME).
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 11-11-90, Formerly 16S-2.008, 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-2.009 - Acknowledgment

Current through Reg. 50, No. 138; July 16, 2024
Upon request, the member county shall erect a permanent sign,
				 approved by WCIND, at an appropriate location on the project site which
				 indicates WCIND's participation in the project. If the member county erects a
				 temporary construction sign, this sign shall also recognize the WCIND's
				 participation. If the final product of the project is a report, study or other
				 publication, upon request, WCIND's sponsorship of that publication shall be
				 prominently indicated at the beginning of the publication. If the project
				 results in an educational display or intellectual property, upon request, a
				 statement acknowledging WCIND's participation in the project shall be contained
				 in the display or intellectual property.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 3-3-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Recognizing the importance and benefits of inland navigation
				 channels and waterways, as well as noting problems associated with the
				 construction, continued maintenance and use of these waterways, the Florida
				 Legislature created Section   374.976, F.S. This law authorizes and empowers each
				 inland navigation district to undertake programs intended to alleviate the
				 problems associated with its waterways. The purpose of this rule is to set
				 forth the District's policies and procedures for the implementation of an
				 assistance program under Section   374.976, F.S., for state agencies operating
				 within the District. This program will be known hereafter as the Florida Inland
				 Navigation District's Cooperative Assistance Program.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly
					 16T-1.001.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.002 - Forms

Current through Reg. 50, No. 138; July 16, 2024
All forms for the administration of this program are
				 available from the District office located at 1314 Marcinski Road, Jupiter,
				 Florida 33477.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly
					 16T-1.002.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.007 - Application Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-1.007, Repealed
					 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.008 - Project Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				Projects: Financial assistance and support through this program shall be used
				to plan or carry out public navigation and anchorage management, public
				recreation, environmental education, boating safety, acquisition and
				development of spoil sites and publicly owned commercial/industrial waterway
				access directly related to the waterways, acquisition and development of public
				boat ramps, launching facilities and boat docking and mooring facilities, and
				inlet management, maritime management planning, environmental mitigation and
				beach re-nourishment directly related to the waterways.
(a) Program funds may be used for projects
				such as acquisition planning, development, construction, reconstruction,
				extension or improvement, of the following for public use on land and water:
1. Public navigation channel dredging,
2. Public navigation aids and
				markers,
3. Inlet management
				projects that are a benefit to public navigation in the District,
4. Public shoreline stabilization directly
				benefiting the District's waterway channels,
5. Acquisition and development of publicly
				owned spoil disposal site and public commercial/industrial waterway access,
6. Waterway signs and buoys for
				safety, regulation or information,
7. Acquisition, dredging, shoreline
				stabilization and development of public boat ramps and launching facilities,
8. Acquisition, dredging,
				shoreline stabilization and development of public boat docking and mooring
				facilities,
9. Derelict Vessel
				Removal,
10. Waterways related
				environmental education programs and facilities,
11. Public fishing and viewing piers,
12. Public waterfront parks and
				boardwalks and associated improvements,
13. Maritime Managmement Planning,
14. Waterways boating safety programs and
				equipment,
15. Beach renourishment
				on beaches adversely impacted by navigation inlets, navigation structures,
				navigation dredging, or a navigation project; and,
16. Environmental restoration, enhancement or
				mitigation projects; and,
17.
				Other waterway related projects. Navigation projects that do not meet specific
				criteria in subsection   66B-1.005(6), F.A.C., but are located on eligible
				waterways shall be considered for funding under the priority listing of "other
				waterway related project" and eligible for 25% funding.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.010 - Project Agreement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-1.010, Amended 3-21-01, Repealed
					 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.012 - Accountability

Current through Reg. 50, No. 138; July 16, 2024
The following procedures shall govern the accountability of
				 program funds:
(1) Accounting: Each
				project sponsor is responsible for maintaining an accounting system which meets
				generally accepted accounting principles and for maintaining such financial
				records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor
				shall submit quarterly project status reports to FIND in accordance with
				subsection   66B-1.009(4), F.A.C.
(3)
				Completion Certification: All required final completion certification documents
				and materials as outlined in subsection   66B-1.009(8), F.A.C., of this rule
				shall be submitted to the District prior to final reimbursement of program
				funds.
(4) Auditing: All project
				records including project costs shall be available for review by the District,
				or by an auditor selected by the District, for 3 years after completion of the
				project. Any such audit expenses incurred shall be borne entirely by the
				project sponsor.
(5) Project
				Records: The project sponsor shall retain all records supporting project costs
				for three years after either the completion of the project or the final
				reimbursement payment, whichever is later, except that should any litigation,
				claim, or special audit arise before the expiration of the three year period,
				the project sponsor shall retain all records until the final resolution of such
				matters.
(6) Repayment: If it is
				found by any State, County, FIND, or independent audit that program funds have
				not been used in accordance with this rule and applicable laws, the project
				sponsor shall repay the misused program funds to the
				District.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-1.012, Amended
					 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.013 - Acknowledgement

Current through Reg. 50, No. 138; July 16, 2024
The project sponsor shall erect a permanent sign, approved by
				 the District, at the entrance to the project site which indicates the
				 District's participation in the project. This sign shall contain the FIND logo.
				 In the event that the project sponsor erects a temporary construction sign,
				 this sign shall also recognize the District's participation. If the final
				 product of the project is a report, study or other publication, the District's
				 sponsorship of that publication shall be prominently indicated at the beginning
				 of the publication. If the project results in an educational display, the
				 District's logo and a statement of the District's participation in the project
				 shall be contained in the display.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-1.013, Amended
					 2-22-10.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-1 - COOPERATIVE ASSISTANCE PROGRAM › Section 66B-1.014 - Small-Scale Spoil Island Restoration and Enhancement Projects

Current through Reg. 50, No. 138; July 16, 2024
Proposals shall be accepted for the restoration or
				 enhancement of spoil islands and natural islands within the District's
				 waterways for recreational, navigational, educational, and environmental
				 purposes. The applicable provisions of this rule apply to these applications
				 with the following additions or exceptions:
(1) Application Procedure - A Request for
				Proposals procedure will be used to request proposals for consideration.
				Proposals shall follow the format described in FIND Document #03-02 Call for
				Proposals - Small-Scale Spoil Island Restoration and Enhancement Program,
				effective date 3-20-03, hereby incorporated by reference and available from the
				District office. Proposals may be submitted to the District and considered by
				the Board at any time during the year.
(2) Matching Funds - Small-scale spoil island
				restoration and enhancement may qualify for up to ninety percent (90%) program
				funds. The applicant's ten percent (10%) matching funds may include in-kind
				contribution pursuant to paragraph   66B-1.014(4)(b), F.A.C.
(3) Eligibility - All proposals must meet the
				following eligibility criteria to be considered for funding:
(a) Management Plan Compliance - Projects
				shall be in compliance with the provisions of any Spoil Island Management Plans
				or other management plans that govern the Project site.
(b) Property Control - The Project Sponsor
				must have written property rights on the Project site to construct and maintain
				the Project for a minimum of five years. Such property rights can be in the
				form of a lease, interlocal agreement, use agreement or other legal form
				approved by the District. The applicant shall include a map clearly delineating
				the location of all proposed work included in the
				application.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Recognizing the importance and benefits of inland navigation
				 channels and waterways, as well as noting problems associated with the
				 construction, continued maintenance and use of these waterways, the Florida
				 Legislature created Section   374.976, F.S. This law authorizes and empowers each
				 inland navigation district to undertake programs intended to alleviate the
				 problems associated with its waterways. The purpose of this rule is to set
				 forth the District's policy and procedures for the implementation of an
				 assistance program under Section   374.976, F.S., for local governments, member
				 counties and navigation related districts within the District. This program
				 will be known hereafter as the Florida Inland Navigation District's Waterways
				 Assistance Program.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly
					 16T-2.001.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.002 - Forms

Current through Reg. 50, No. 138; July 16, 2024
All forms for the administration of this program are
				 available from the District office located at 1314 Marcinski Road, Jupiter,
				 Florida 33477.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly
					 16T-2.002.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.004 - 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:
				Financial assistance, support and cooperation may be provided to eligible
				governmental agencies for approved projects as follows:
(a) Member counties 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 renourishment, public recreation, inlet management, environmental
				education, maritime management plans, and boating safety projects directly
				related to the waterways.
(b)
				Eligible local governments may also be provided financial assistance, support
				and cooperation in planning and carrying out public navigation, local and
				regional anchorage management, beach renourishment, public recreation, inlet
				management, environmental education, and boating safety projects directly
				related to the waterways.
(c)
				Navigation related districts may be provided with financial assistance to pay
				part of the costs of the planning and acquisition of dredge material management
				sites if the Board finds that the site is required for the long-range
				maintenance of the Atlantic Intracoastal Waterway channel. All such sites must
				meet the development and operational criteria established by the District
				through a long-range dredge material management plan for that county.
				Navigation related districts may also be provided with assistance for waterway
				related access projects, environmental mitigation projects associated with
				waterway improvement related activities, and inlet management projects if the
				Board finds that the project benefits public navigation in the Atlantic
				Intracoastal Waterway. All navigation related districts shall contribute at
				least equal matching funds to any District financial assistance provided.
				Seaports may also be furnished assistance and support in planning and carrying
				out environmental mitigation projects. All seaport projects shall benefit
				publicly maintained channels and harbors. Each seaport shall contribute
				matching funds for funded projects.
(d) Eligible projects shall include the
				acquisition and development of public boat ramps and launching facilities,
				including those in man-made, navigable waterways contiguous to "waterways" as
				defined in Rule   66B-2.003, F.A.C.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.0061 - Emergency Applications

Current through Reg. 50, No. 138; July 16, 2024
Disaster Relief applications may be submitted to the District
				 and considered by the Board at any time during the year to provide assistance
				 to an eligible applicant for the removal of navigation obstructions and repair
				 or replacement of waterway facilities damaged by a declared natural disaster.
				 Applicants for Disaster Relief shall use the same forms listed in subsection
				   66B-2.006(2), F.A.C. The District shall consider these applications in
				 accordance with these rules.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended
					 4-24-06, 3-25-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.007 - Application Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly
					 16T-2.007, Repealed 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.008 - Project Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				Projects: Financial assistance and support through this program shall be used
				to plan or carry out public navigation and anchorage management, public
				recreation, environmental education, boating safety, acquisition and
				development of spoil sites and publicly owned commercial/industrial waterway
				access directly related to the waterways, acquisition and development of public
				boat ramps, launching facilities and boat docking and mooring facilities, inlet
				management, maritime management planning, environmental mitigation and beach
				renourishment.
(a) Program funds may be used
				for projects such as acquisition, planning, development, construction,
				reconstruction, extension, or improvement, of the following types of projects
				for public use on land and water. These project types will be arranged into a
				priority list each year by vote of the Board. The priority list will be
				distributed to applicants with the project application.
1. Public navigation channel dredging,
2. Public navigation aids and
				markers,
3. Inlet management
				projects that are a benefit to public navigation in the District,
4. Public shoreline stabilization directly
				benefiting the District's waterway channels,
5. Acquisition and development of publicly
				owned spoil disposal site and public commercial/industrial waterway access,
6. Waterway signs and buoys for
				safety, regulation or information,
7. Acquisition, dredging, shoreline
				stabilization and development of public boat ramps and launching facilities,
8. Acquisition, dredging,
				shoreline stabilization and development of public boat docking and mooring
				facilities,
9. Derelict Vessel
				Removal,
10. Waterways related
				environmental education programs and facilities,
11. Public fishing and viewing piers,
12. Public waterfront parks and
				boardwalks and associated improvements,
13. Maritime Management Planning,
14. Waterways boating safety programs and
				equipment,
15. Beach renourishment
				on beaches adversely impacted by navigation inlets, navigation structures,
				navigation dredging, or a navigation project; and,
16. Environmental restoration, enhancement or
				mitigation projects; and,
17.
				Other waterway related projects. Waterway projects that do not meet specific
				criteria in subsection   66B-2.005(5) or (6)   or subparagraphs
				  66B-2.008(1)(a)  1.-16., F.A.C., but are located on eligible waterways shall be
				considered for funding under the priority listing of "other waterway related
				project" and eligible for 25% funding.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.010 - Project Agreement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Amended 9-5-96, Formerly 16T-2.010, Amended
					 3-21-01, Repealed 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.011 - Reimbursement

Current through Reg. 50, No. 138; July 16, 2024
The District shall release program funds in accordance with
				 the terms and conditions set forth in the project agreement. This release of
				 program funds shall be on a reimbursement only basis. The District shall
				 reimburse the project sponsor for project costs expended on the project in
				 accordance with the project agreement. Project funds to be reimbursed will
				 require the submission of a Reimbursement Request Form and required supporting
				 documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by
				 reference and available from the District office.
(1) Authorized Expenditures: Project funds
				shall not be spent except as consistent with the project agreement cost
				estimate that was approved by the Board, which shall be an attachment to the
				project agreement. This cost estimate will establish the maximum funding
				assistance provided by the District and the percentage of funding provided by
				each party to the project. The District will pay the lesser of:
(a) The percentage total of project funding
				that the Board has agreed to fund, or
(b) The maximum application funding
				assistance amount.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.012 - Accountability

Current through Reg. 50, No. 138; July 16, 2024
The following procedures shall govern the accountability of
				 program funds:
(1) Accounting: Each
				project sponsor is responsible for maintaining an accounting system which meets
				generally accepted accounting principles and for maintaining such financial
				records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor
				shall submit quarterly project status reports to FIND in accordance with
				subsection   66B-2.009(4), F.A.C.
(3)
				Completion Certification: All required final completion certification documents
				and materials as outlined in subsection   66B-2.009(8), F.A.C., of this rule
				shall be submitted to the District prior to final reimbursement of program
				funds.
(4) Auditing: All project
				records including project costs shall be available for review by the District
				or by an auditor selected by the District for 3 years after completion of the
				project. Any such audit expenses incurred shall be borne entirely by the
				project sponsor.
(5) Project
				Records: The project sponsor shall retain all records supporting project costs
				for three years after either the completion of the project or the final
				reimbursement payment, whichever is later, except that should any litigation,
				claim, or special audit arise before the expiration of the three year period,
				the project sponsor shall retain all records until the final resolution of such
				matters.
(6) Repayment: If it is
				found by any State, County, FIND, or independent audit that program funds have
				not been used in accordance with this rule and applicable laws, the project
				sponsor shall repay the misused program funds to the
				District.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-2.012, Amended
					 7-30-02.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.013 - Acknowledgement

Current through Reg. 50, No. 138; July 16, 2024
The project sponsor shall erect a permanent sign, approved by
				 the District, at the entrance to the project site which indicates the
				 District's participation in the project. This sign shall contain the FIND logo.
				 In the event that the project sponsor erects a temporary construction sign,
				 this sign shall also recognize the District's participation. If the final
				 product of the project is a report, study or other publication, the District's
				 sponsorship of that publication shall be prominently indicated at the beginning
				 of the publication. If the project results in an educational display, the
				 District's logo and a statement of the District's participation in the project
				 shall be contained in the display.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)  FS.
New 12-17-90, Formerly 16T-2.013, Amended
					 2-22-10.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-2 - WATERWAYS ASSISTANCE PROGRAM › Section 66B-2.014 - Small-Scale Spoil Island Restoration and Enhancement Projects

Current through Reg. 50, No. 138; July 16, 2024
Proposals shall be accepted for the restoration or
				 enhancement of spoil islands and natural islands within the District's
				 waterways for recreational, navigational, educational, and environmental
				 purposes. The applicable provisions of this rule apply to these applications
				 with the following additions or exceptions:
(1) Application Procedure - A Request for
				Proposals procedure will be used to request proposals for consideration.
				Proposals shall follow the format described in FIND Document #03-02, Call for
				Proposals - Small-Scale Spoil Island Restoration and Enhancement Program
				(effective date 7-30-02), hereby incorporated by reference and available from
				the District office. Proposals may be submitted to the District and considered
				by the Board at any time during the year.
(2) Matching Funds: Small-scale spoil island
				restoration and enhancement may qualify for up to ninety percent (90%) program
				funds. The applicant's ten percent (10%) matching funds may include in-kind
				contribution pursuant to paragraph   66B-2.014(4)(b), F.A.C.
(3) Eligibility: All proposals must meet the
				following eligibility criteria to be considered for funding:
(a) Management Plan Compliance: Projects
				shall be in compliance with the provisions of any Spoil Island Management Plans
				or other management plans that govern the Project site.
(b) Property Control: The Project Sponsor
				must have written property rights on the Project site to construct and maintain
				the Project for a minimum of five years. Such property rights can be in the
				form of a lease, interlocal agreement, use agreement or other legal form
				approved by the District. The applicant shall include a map clearly delineating
				the location of all proposed work included in the
				application.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The Florida Inland Navigation District, as the designated
				 state or local sponsor of the Atlantic Intracoastal, Intracoastal and a portion
				 of the Okeechobee Waterway projects is required by congressional acts and by
				 Section 374, F.S., to provide all lands, free of cost, required by the federal
				 government for the construction, operation and maintenance of the waterway
				 projects. The purpose of this rule is to set forth the procedures that the
				 District will utilize to acquire the required lands when they are needed. This
				 program will be known hereafter as the Florida Inland Navigation District's
				 Land Acquisition Program.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.003 - Noticing

Current through Reg. 50, No. 138; July 16, 2024
Prior to acquiring any property for the deposit of dredged
				 material, the District shall perform the noticing required in Section
				   374.984(1), F.S.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.004 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Land
				acquisition procedures provided for in this part of the rule are for voluntary,
				negotiated acquisitions under purchase agreements for purchase, option or
				exchange. The purpose and intent of this section is to provide uniform and
				efficient procedures for the acquisition of interests in real property title to
				which will vest in the District, in accordance with legal requirements and
				sound business practice.
(2)
				Neither the Board nor its agent shall commit the District to the purchase of
				land, through any instrument of negotiated contract or agreement for purchase,
				unless the provisions of this rule, have been complied with.
(3) Prior to the District initiating
				acquisition of property, the District shall contact the Department of
				Environmental Protection's Division of State Lands to determine the
				availability of existing suitable state-owned lands in the area which meet the
				public purpose for which the acquisition is being proposed. If the District
				determines that no suitable state-owned lands exist, it may proceed to acquire
				the property by employing this rule and all available statutory authority for
				acquisition.
(4) All conveyances to
				the District of fee title in land shall be by no less than a special warranty
				deed, unless the conveyance is from another governmental agency, or, if a gift
				or donation is made by quitclaim deed and the Board or its designee, determines
				that accepting such quitclaim deed is adequate to convey fee title in the land
				to the District, with the District basing such determination on its review of
				title reports and receipt of adequate title insurance coverage. The District
				may accept a quitclaim deed to aid in clearing title or boundary
				questions.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.005 - Title Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) In order for the District to obtain
				accurate appraisals, the District shall obtain an adequate legal description of
				the property to be acquired sufficient to inform the District and the fee
				appraisers of the boundaries of the property so that the fee appraiser can
				determine the status of ownership, encumbrances, exceptions, reservations,
				previous ownership history, and tax assessment history.
(2) Final evidence of marketable title shall
				be provided prior to the conveyance of title. The form and content of such
				evidence of marketable title is subject to the approval of the District in
				order to assure that the District's interests are fully protected. If a title
				policy is to be furnished as evidence of marketable title, the final policy
				must be preceded by a title commitment. Title insurers issuing title policies,
				abstractors preparing abstracts, and attorneys issuing marketability opinions
				must be licensed in the State of Florida, in order to assure that the
				District's interests are fully protected.
(3) The District shall waive the requirement
				of the evidence of marketability for acquisition of property assessed by the
				county property appraiser at $15, 000 or less, where the District finds, based
				upon such review of the title records as is reasonable under the circumstances,
				that there is no apparent impediment to marketability, or to management and use
				of the property by the District.
(4) Unless otherwise stated by the District,
				the objective of negotiations for acquisition of property is to obtain all the
				landowners rights, title and interest in the property, together with such
				rights as are necessary for the planned use and management of the property. All
				exceptions, reservations, encroachments or other adverse conditions which are
				disclosed in the course of preparing to negotiate, negotiating, contracting or
				closing shall be individually examined by the District and evaluated in writing
				as to possible adverse effect on the objectives of the District in acquiring
				the property. All such matters potentially having an adverse effect on
				acquisition, management and use by the District which become apparent prior to
				Board approval will be disclosed to the Board at the time of
				approval.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99, Amended
					 3-25-21.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.006 - Appraisal Map or Survey

Current through Reg. 50, No. 138; July 16, 2024
For each parcel of property the District shall obtain a
				 certified survey containing an adequate legal description of the property. In
				 cases in which a survey cannot be practically completed or in which the cost of
				 the survey would be prohibitive relative to the expected value of the parcel,
				 the requirement for such certified survey shall be waived by the
				 Board.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.009 - Appraiser Selection

Current through Reg. 50, No. 138; July 16, 2024
The selection of fee appraisers shall be accomplished as
				 follows.
(1) The District will
				determine whether the appraiser is a State Certified General Appraiser pursuant
				to subsection   66B-3.002(12), F.A.C., and is a MAI designated appraiser. The
				name of each appraiser who is determined to be eligible will be placed on a
				list of approved appraisers for the appraisal project.
(2) The District shall notify by direct mail
				those individuals whose names appear on the list of approved appraisers who
				have expressed a willingness to work in the specific area of an appraisal
				project.
(3) The District will
				accept and review proposals and select appraisers in response to requests for
				proposals. Proposals shall be evaluated to determine:
(a) The appraiser's experience in appraising
				similar property within the neighborhood of the subject; and,
(b) The appraiser's experience in appraising
				similar property outside the neighborhood of the subject; and,
(c) The appraiser's proposed time period for
				delivery of the appraisal.
(d) The
				appraiser's proposed fee.
(e) The
				appraiser's current or anticipated workload.
(f) The appraiser's responses to any other
				specialized requirements or questions outlined in the request for
				proposal.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.010 - Negotiations

Current through Reg. 50, No. 138; July 16, 2024
(1) The lack of received and approved
				appraisals shall not prevent the District from negotiating and entering into a
				purchase agreement, so long as the purchase agreement provides that the final
				purchase price shall be established by the approved appraisals. All owner
				contact shall be documented in the appropriate acquisition file of the
				acquiring agency. Initial contact with the landowner by the acquiring agency
				may be established prior to negotiations, provided that such contact is limited
				to the following:
(a) To inform the owner of
				the land acquisition program under which the project is being considered, and
				to request the owner's permission for the District to inspect the property in
				order to determine its suitability for the purposes of the District.
(b) To ascertain or confirm the owner's
				interest in conveying the property to the District.
(c) To explain in general terms the possible
				tax advantages of land donations and bargain sales.
(d) To discuss the matter of representation
				of the owner by an agent in any future negotiations, and the necessary
				confirmation by the owner of the agent's status.
(e) To request available title
				data.
(f) To advise of disclosure
				requirements.
(g) To request
				available property survey data.
(h)
				To discuss other information pertinent to the acquisition process in
				general.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.011 - Purchase Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1) The final
				negotiated purchase shall be placed in the form of a written purchase
				instrument, signed by the owner and approved by the Board.
(2) The District may prepare and use any form
				of purchase instrument approved by the Board as meeting the intent of the law
				and this rule.
(3) Prior to the
				closing, the District will have obtained the following information:
(a) The original of the purchase
				instrument.
(b) A copy of the
				owner's disclosure form, if required, under Section   286.23, F.S.
(c) Evidence of the marketability of the
				title.
(d) The approved appraisal
				reports.
(e) A letter from the
				Department of Environmental Protection's Division of State Lands stating that
				the inventory of existing State-owned lands was examined and contains no
				suitable available land for the District's use.
(f) A written statement by the District
				outlining the public purpose for which the acquisition is being made, citing
				statutory authority.
(g) A written
				statement signed by the owner confirming the owner's relationship with his
				agent, if any.
(h) A written
				confirmation by the District of the source and availability of funding for the
				acquisition.
(i) A copy of the
				current certified survey or appraisal map, approved by the District.
(j) All the details pertinent to the
				acquisition not included in this list or in the purchase
				instrument.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.012 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) The Executive Director shall have the
				authority to modify the purchase instrument previously approved by the Board to
				extend the time for purchase, closing date, submittal deadlines or any other
				time limit relating to such agreement, provided the total extension of time for
				closing does not exceed one hundred and eighty (180) calendar days after the
				date contemplated in the purchase instrument approved by the Board. The
				Executive Director shall also have the authority to execute or modify all
				documents necessary for the implementation of Board action, including without
				limitation the purchase agreement, exchange agreement, leases, easements, legal
				descriptions, deeds, assignments, title policies and other miscellaneous
				agreements and affidavits, provided the modification does not change the
				substance nor the scope of Board approval, and provided the document executed
				or modified was either approved by the Board or contemplated by Board approval.
				Any changes in the purchase price to be paid to the seller not contemplated by
				the terms of the purchase instrument must be approved by the Board. An
				extension or modification may only be made under the terms of the purchase
				instrument, or with the seller's agreement.
(2) The District shall obtain all disclosures
				of beneficial interest required in Section   286.23 F.S., before entering into a
				purchase instrument. All other disclosures shall be obtained no later than ten
				(10) days prior to closing. Appropriate disclosures shall be filed with the
				Department of State as required by law. Disclosures not required by statute
				shall be waived by the Board in the case of acquisitions of property for a
				price of $250,000 or less where the Board finds that the difficulty on the
				person providing such disclosures outweighs the value of the disclosed
				information to the District.
(3)
				The District shall be responsible for proper completion of the closing, proper
				recordation of all legal documents and payment of required fees.
(4) All original documents including recorded
				documents shall be forwarded to the District within thirty (30) days after
				receipt by the acquiring agency from the county clerk or closing agent. All
				such documents shall be accompanied by a written signed statement from the
				acquiring agency indicating that all documents have been approved as to form
				and legality by the attorney for the District.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99.
Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66B - Florida Inland Navigation District › Chapter 66B-3 - FLORIDA INLAND NAVIGATION DISTRICT LAND ACQUISITION PROCEDURES › Section 66B-3.013 - Multi-Party Acquisitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				District may enter into an acquisition agreement with a water management
				district, a local government, a member county, or a navigation related district
				for any property which has been determined in a long range dredged material
				management plan or plan update approved by the Board to be necessary for
				dredged material management of the Atlantic Intracoastal or Okeechobee
				Waterways in Florida.
(2) The
				District and a cooperating agency must execute an acquisition agreement prior
				to the cooperating agency obtaining title to, or any other legal interest in,
				the property to be acquired.
(3) An
				acquisition agreement may provide for the sharing of appraisals, offers, and
				other negotiation matters, between the District and cooperating agency.
				However, as a condition of the sharing of such confidential information, the
				cooperating agency must agree to maintain the confidentiality of appraisals,
				offers, and other negotiation matters, as required by Section   253.025, F.S.,
				and this rule, and the agency must identify the individuals within the
				cooperating agency who will have access to confidential information, and obtain
				the consent of the District prior to disclosing the information to any other
				person.
Rulemaking Authority  374.984(3)  FS. Law Implemented
					  374.984(1)-(3)  FS.
New 8-17-99, Amended
					 3-25-21.