68-1.003: Florida Fish and Wildlife Conservation Commission Grants Program
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to incorporate the Nongame Wildlife, Fish and Wildlife Research Institute, and the Florida State Wildlife grants programs’ application forms by reference for consistency with Chapter 120, F.S. Additionally, we plan on adding the Derelict Vessel Removal Grant Program rule language in full to move it from the current location in Rule 68D-16.029 to Rule 68-1.003, F.A.C., for consistency and ease of location, and subsequently repealing the language in Rule 68D-16.029, F.A.C. Finally, we will be amending the State Wildlife Grant program guidelines that are incorporated by reference. The amendment will update the date of the guidelines referenced in the rule from March 2007 to September 2008.
SUMMARY: The application and budget forms are being incorporated pursuant to new requirements of Chapter 120, FS. The Derelict Vessel Grant Program rule is being moved to this rule to provide consistency with other Commission grant programs. The State Wildlife Grant program guidelines are being changed to reflect the Program’s progress and development within the agency. These changes include eliminating the preliminary review option for grant applications, clarifying (but not changing) the partial prohibition of indirect costs used as matching funds to allow them not to exceed more than 15% of the salary request per fiscal year, adding statements relating to unemployment/workers compensation, and clarifying our metadata requirements. Also included in the changes is a provision directing grantees to plan a project timeframe to allow for completion of the draft and final reports without requiring an amendment for additional time, as such could be considered a late deliverable when reviewing future applications.
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: Article IV, Section 9, Fla. Const. 379.106 FS.
LAW IMPLEMENTED: Article IV, Section 9, Fla. Const. 379.106, 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: Florida’s State Wildlife Grants Program: Brian Branciforte, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, FL 32399, telephone (850)488-3831, email: brian.branciforte@myfwc.com. Derelict Vessel Removal Grant Program: Tim Woody, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, FL 32399, telephone (850)410-0656, ext. 17173, email tim.woody@myfwc.com. Additionally, a copy of the proposed guideline language can be obtained by contacting Brian Branciforte
THE FULL TEXT OF THE PROPOSED RULE IS:
68-1.003 Florida Fish and Wildlife Conservation Commission Grants Program.
(1) through (4) No change.
(5) Nongame Wildlife Grants Program grants shall meet all additional program requirements set forth in the Florida Nongame Wildlife Grants Program Guidelines (dated March 2007), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/NWGP-1, entitled “Florida Nongame Wildlife Grants Program Budget Form,” June 2008 FWC/NWGP-2, entitled “Florida Nongame Wildlife Grants Program Application Form,” June 2008. The guidelines and forms are available from the Commission at 620 South Meridian Street, Tallahassee, Florida 32399-1600.
(6) No change.
(7) Derelict Vessel Removal Grant Program grants shall meet all requirements set forth in this section of Rule 68D-16.029, F.A.C.
(a) 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 Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement (Division) shall award said grants to local governments based on these criteria.
1. The degree to which the designated derelict vessels pose a threat to public health or safety, the environment, navigation or the aesthetic condition of the general vicinity within the jurisdiction of the grant applicant.
2. The total number of derelict vessels within the jurisdiction of the grant applicant.
3. The degree to which the designated derelict vessels will be used in the construction of permitted artificial reef sites.
4. The projected cost effectiveness of the grant applicant's proposed derelict vessel removal program.
5. The degree of commitment of the grant applicant to maintain coastal waters free of derelict vessels and its record for seeking legal action against those owners who abandon vessels in the waters of the state.
6. The timeliness and completeness of the grant application received from the applicant.
(b) 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 March 2008, incorporated herein by reference. This form may be obtained by contacting the Fish and Wildlife Conservation Commission, Division of Law Enforcement.
(c) 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.
(d) 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 Florida Administrative Weekly and on the Web site at http://myfwc.com/boating/grants/derelict.htm. A grant applicant shall provide a completed grant application to the Division no more than 60 days from the date the announcement is published. This application shall be submitted on the form FWC/DV-APP (July 2008), entitled “Application for Derelict Vessel Removal Grant,”, July 2008, 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.
(e) The Division shall within 30 days after the established submission closing date make the award of said grants pursuant to the criteria set forth in subsection (1) above. Said grants shall 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 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 shall solicit additional applications from potential applicants for the balance of the allocated funds not expended pursuant to the grant program.
(f) 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 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 may suspend the grant procedures set forth in this rule and initiate emergency procedures under Section 823.11, F.S.
(g) 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 shall submit documentation for the removal and disposal of derelict vessels along with a request for reimbursement to the Division on a monthly basis. 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.
(h) All grants made pursuant to this subsection shall be subject to pre-audit and post-audit by the Commission or its representative.
(8) through (9) No change.
(10) Fish and Wildlife Research Institute Grants Program grants shall meet all additional program requirements set forth in the Fish and Wildlife Research Grants Program Guidelines (dated March 2007), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/FWRIGP-1, entitled “Florida Fish and Wildlife Research Institute Grants Program Budget Form,” June 2008 and FWC/FWRIGP-2, entitled “Florida Fish and Wildlife Research Institute Grants Program Application Form,” June 2008. The guidelines and forms are available from the Commission at the Fish and Wildlife Research Institute, 100 Eighth Avenue S.E., Saint Petersburg, Florida 33701-5020.
(11) Florida’s State Wildlife Grants Program grants shall meet all additional program requirements set forth in Florida's State Wildlife Grants Program Guidelines (dated September 2008 March 2007), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/SWG-1, entitled “Florida State Wildlife Grants Program Budget Form,” June 2008 and FWC/SWG-2, entitled “Florida State Wildlife Grants Program Application Form,” June 2008. The guidelines and forms are available from the Commission at 620 South Meridian Street, Tallahassee, Florida 32399-1600.
(12) Boating Infrastructure Grant Program grants shall meet all additional requirements set forth in the Boating Infrastructure Grant Program Guidelines (dated Jan. 2008), which are hereby incorporated by reference. The following form is hereby adopted and incorporated by reference: FWC/BIGP-APP, Boating Infrastructure Grant Program Grant Application, 07/08. The guidelines and form are available from the Commission at 620 S. Meridian St., 1M, Tallahassee, Florida 32399-1600 or www.myfwc.com/boating/grants/bigp.htm.
Specific Authority 206.606, 327.04, 327.47, 370.023, 376.15 FS. Law Implemented 206.606, 327.47, 328.72, 370.023, 376.15, 823.11 FS. History–New 4-4-04, Amended 3-15-05, Formerly 68A-2.015, Amended 5-22-07, 7-6-08,_________.