68D-16.029: Derelict Vessel Removal Grant Program
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend this rule to conform it to amendments made in Sections 206.606, 376.15, and 823.11, Florida Statues.
SUMMARY: The amendment allows the Derelict Vessel Grant Program to award grants to all local governments as opposed to only coastal local governments, and to fund removal of vessels identified and marked by any law enforcement officer as opposed to only officers employed by the Fish and Wildlife Conservation Commission.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 376.15 FS.
LAW IMPLEMENTED: 206.606, 376.15, 823.11 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tim Woody, Grants Specialist, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Room 235, Tallahassee, Florida 32399 or at (850)488-5600 or tim.woody@myfwc.com
THE FULL TEXT OF THE PROPOSED RULE IS:
68D-16.029 Derelict Vessel Removal Grant Program.
(1) In the event monies are appropriated by the Legislature for the funding of the Derelict Vessel Removal Grant Program for a given fiscal year, the Executive Director may award said grants only to coastal local governments based on these criteria.
(a) through (f) No change.
(2) Only derelict vessels as defined in Section 823.11(1), F.S. shall be eligible for removal with grant funds. Derelict vessels must be designated and marked by a law enforcement officer as specified in Section 327.70, F.S. Such designation and marking shall be considered made when the law enforcement officer completes form number FWCDLE_048, Derelict or Abandoned Vessel Report, dated October 2005, incorporated herein by reference. This form may be obtained by contacting the Division No vessel shall be eligible for removal with grant funds, unless and until, said vessel has been designated and marked as a derelict vessel by the Division of Law Enforcement. Such designation and marking shall be considered made when the division assigns a case number to the vessel and completes a derelict vessel report on it.
(3) Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites and permitted landfill locations. Any exceptions must be approved in writing by the Division Executive Director.
(4) In the event monies are appropriated by the Legislature for the funding of the Derelict Vessel Removal Grant Program for a given fiscal year, the Division shall announce the availability of funding in the Commission no more than 60 days from the date the announcement is published later than August 1st of a given fiscal year, except for Fiscal Year 1985-86 in which said application must be provided to the Commission prior to January 1st. This application shall be submitted on the Form No. DVGrant.199 which is hereby incorporated by reference. This form FWC/DV-APP(12/2007), is entitled, “Application for Derelict Vessel Removal Grant” effective date 7/1/99, incorporated herein by reference, and may be obtained by contacting the Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 S. Meridian Street, 1M, Tallahassee, Florida 32399-1600. No other form will be accepted.
(5) The Division Executive Director may within 30 days after the established submission closing date make the award of said grants pursuant to the criteria set forth in (1) above. Said grants may be awarded for the removal and disposal of all or part of the vessels designated on a given grant application. In the event the dollar amount of the awarded grant applications is less than the allocated funds or the Division Executive Director determines that any or all of the submitted applications do not adequately meet the established award criteria, or any of the designated derelict vessels contained within an awarded grant are removed prior to their removal with grants funds, the Division Executive Director may solicit additional applications from potential applicants for the balance of the allocated funds not expended pursuant to the grant program.
(6) A grant recipient shall administer the removal and disposal of designated derelict vessels as an independent governmental authority and not as an agent or representative of the Commission. In the event the Division Executive Director determines that a derelict vessel(s) included in a grant constitutes an immediate hazard to navigation or determines after consultation with the Department of Health that a vessel constitutes an immediate hazard to the public's health and safety, the Division Executive Director may suspend the grant procedures set forth in this rule and initiate emergency procedures under Section 823.11, F.S.
(7) No grant monies for the removal and disposal of a given derelict vessel shall be paid to the grant recipient until said vessel has been legally removed and such removal and disposal properly documented by the grant recipient. The grant recipient must submit documentation for the removal and disposal of derelict vessels along with a request for reimbursement to the Division on a monthly basis Certification as to the removal and disposal of any designated derelict vessel during a given month shall be made by the submission to the Commission of Form DVGrant2.199, hereby incorporated by reference, along with a properly executed invoice. This form is entitled "Disposition Certificate for Derelict Vessels, effective 7/1/99, and may be obtained by contacting the Fish and Wildlife Conservation Commission, Division of Law Enforcement. Such request for reimbursement shall be made by the grant recipient on a monthly basis and shall be accompanied by a monthly status report and the required certification form. Only costs directly associated with the actual removal and disposal of a designated derelict vessel(s) including the removal of pollutants are eligible for reimbursement from the grant program.
(8) No change.
Specific Authority 376.15(2)(c) FS. Law Implemented 376.15(2)(b) FS. History–New 11-11-85, Formerly 16N-16.29, Amended 5-20-86, Formerly 16N-16.029, 62N-16.029, Amended_________.