Fla. Admin. Code Ann. R. 62ER24-2 - [Effective until 7/1/2025] Hurricane Restoration Reimbursement Grant Program

(1) This chapter implements the Hurricane Restoration Reimbursement Grant Program, to provide financial assistance to coastal homeowners for eligible costs related to sand placement, temporary coastal armoring, or permanent coastal armoring construction projects to remedy coastal beach erosion incurred as a result of preparation for or damage sustained from Hurricane Ian or Hurricane Nicole in 2022. The grant program also provides financial assistance to local governments and municipalities to implement large scale sand placement projects.

(2) For purposes of this rule, the term:

(a) "Eligible applicant" means the individual, corporation, trust, or other legal entity eligible to be a grantee. An agent may make application upon behalf of an applicant, but such agent is not the applicant, grantee, or otherwise eligible for reimbursement.

(b) "Department" means the Department of Environmental Protection.

(c) "Grantee" means an eligible applicant that is the recorded deeded landowner for the eligible residential property who has complied with all documentation requirements in paragraph (6)(b) of this rule and received a grant from the Department. For a residential condominium or cooperative that is not the recorded deeded landowner for the eligible residential property, such entity may only be a grantee if alternative evidence is submitted proving legal control over the eligible residential property as related to the eligible project. For properties sold after September 23, 2022, the grantee may be the individual, corporation, trust, or other legal entity that incurred eligible costs during the period in which that grantee owned the property.

(d) "Eligible costs" means construction costs associated with execution of an eligible project that have been incurred and for which the grantee has evidence of payment. Construction costs may include design, engineering, construction-related monitoring required by permit or contract, surveys, materials, labor, contractors, and construction oversight. Eligible costs do not include permit fees or repair of residential structures. Reimbursement of eligible costs may be no greater than $300,000 per parcel for armoring projects on eligible single family or multi-family residential property as defined in (f)1. and $600,000 for armoring projects on eligible residential condominium or cooperative properties as defined in (f)2. and 3. Reimbursement of eligible costs for armoring projects shall be no greater than 50 percent of the total cost incurred for the construction. Costs for sand placement projects shall be reimbursed at 100 percent of the total construction cost.

(e) "Eligible project" means construction activities that occurred after September 23, 2022, related to sand placement, temporary coastal armoring, or permanent coastal armoring construction projects intended to prepare for or remedy coastal beach erosion or damage sustained from Hurricane Ian or Hurricane Nicole, on an eligible residential property. To be eligible, projects must be permitted or authorized under chapter 161, F.S., prior to the commencement of authorized work, exempt from permitting requirements, or otherwise authorized by law. The project address on any issued permit under chapter 161, F.S., must match the address of the eligible residential property.

(f) "Eligible residential property" means a parcel that is a coastal property on the beach located in Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, Sarasota, or Volusia County that is either:

1. A single-family, site-built, residential property or a multi-family, site-built, residential property, not to exceed four units, where the homeowner has been granted a homestead exemption on the home under chapter 196, F.S.;

2. A residential condominium, as defined in chapter 718, F.S.; or

3. A cooperative, as defined in chapter 719, F.S.

(g) "Low-income or moderate-income applicants" are those applicants that are low-income or moderate-income person(s) as defined in section 420.0004, F.S., who provide an attestation of income on Form 3 DEP-62ER24-2, Attestation of Low-Income or Moderate-Income (effective date July 1, 2024), which is hereby adopted by reference into this rule and available at https://floridadep.gov/HRRGP.

(h) "Required documentation" means documents and evidence required to be submitted as part of the application.

(3) To apply for a grant, an eligible applicant shall submit to the department online or by paper copy a complete application, Form 1 DEP-62ER24-2, Hurricane Restoration Reimbursement Grant Program Application (effective date July 1, 2024), which is hereby adopted by reference into this rule and available at https://floridadep.gov/HRRGP, as well as all required documentation, as follows:

(a) Applications can be submitted through the department's electronic portal available online beginning February 1, 2023, at 9:00 a.m. EST at: https://floridadep.gov/HRRGP. Applications will be date and time-stamped upon submission. Applicants must sign up for a user account prior to making application.

(b) Alternatively, application materials can be submitted in paper form beginning February 1, 2023, at 9:00 a.m. EST by certified mail to the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, which will be date and time-stamped upon entry into the grants database.

(4) The department will review all applications to determine whether the project is eligible for inclusion in the Hurricane Restoration Reimbursement Grant Program. Eligibility requirements include:

(a) An eligible applicant properly submitted a complete application, Form 1 DEP-62ER24-2, including all required documentation;

(b) The property is an eligible residential property;

(c) There are documented eligible costs for an eligible project;

(d) The applicant has applied for no greater than $300,000 in reimbursement for armoring projects on eligible single and multifamily residential properties as defined in (f)1., and no greater than $600,000 in reimbursement for armoring projects on eligible residential condominium or cooperative properties as defined in (f)2. and 3., and provided all documentation for reimbursement, inclusive of cost share requirements.

(5) If corrections are needed to the application, the Department will review the materials and, if not sufficient, will contact the applicant and provide 7 calendar days to meet requirements. If the requested materials are received within 7 days, the date-time stamp of the initial submittal will be used for the application processing. However, if the information is not provided in that timeframe, a new or amended application must be made by the applicant if corrections are able to be made.

(6) By making application, the applicant agrees to enter into a grant agreement with the department and agrees to Form 2 DEP-62ER24-2, Grant Terms and Conditions (effective date July 1, 2024), which is hereby adopted by reference into this rule and available at https://floridadep.gov/HRRGP.

(a) The department will award grants to applicants meeting all eligibility requirements on a first-come, first-served basis, with priority given by calendar day to low-income and moderate-income applicants until funds are exhausted or upon the expiration of this rule, whichever comes first.

(b) The department will disburse grant funds on a cost-reimbursement basis to the grantee(s).

1. To receive reimbursement, the grantee(s) must submit:

a. The parcel identification number for the applicable county.

b. A valid social security number or tax identification number.

c. Proof the eligible applicant resides at the address to which a check is asked to be mailed, if different than the eligible residential property address, as identified in sub-sub-paragraphs 2. - 4., below.

d. A copy of the permit issued under chapter 161, F.S., prior to the commencement of work for which a grant is sought, or applicable statutory exemption or other authorization.

e. Documentation of eligible project expenses (e.g., for a completed project, photos of the completed project; for projects not yet fully complete, a copy of the design and engineering plans or similar evidence of work);

f. Paid invoices and associated documentation showing work conducted for the eligible project, dates of work, and proof of payment;

g. If applicable, Form 3, DEP-62ER24-2, Attestation of Low-Income or Moderate-Income;

h. Any other information required by the application or this rule.

2. For individuals listed on the recorded deed for the eligible residential property, checks will be issued in the name of all individuals on the deed. If the mailing address for payment is different than the eligible residential property, the applicant must provide the driver's license or other documented address for at least one person on the recorded deed.

3. For trusts listed on the recorded deed for the eligible residential property, checks will be issued in the name of the trustee for the trust. The applicant must provide documentation identifying the trustee of the trust and, if the mailing address for payment is different than the eligible residential property, the applicant must additionally provide the driver's license or other documented address for the trustee.

4. For corporations listed on the recorded deed for the eligible residential property, checks will be issued in the name of the corporation at the mailing address as registered with the Department of State.

5. The applicant must provide any other documentation required by state law to identify proof of completion of the eligible project and proof reimbursement is allowable under this rule and the grant agreement.

(c) No checks will be mailed to a post office box.

(d) If a grantee is unable to comply with subparagraphs 2. - 4., the grantee may request the Department to accept alternative forms of proof of identity and valid address. The Department shall accept such alternative forms of proof if such alternative provides clear evidence that the person seeking disbursement is the grantee.

(e) As necessary for the Department to verify eligibility under this rule or information associated with reimbursement, the Department shall seek additional information necessary from the Applicant.

(7) Beginning July 1, 2024, local governments and municipalities in Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, Sarasota, or Volusia County may apply for program funds to implement large scale sand placement projects along the beach. For purposes of this subsection, "large scale sand placement projects" means any sand project conducted by local governments that is intended to protect multiple upland owners.

(a) Up to 50 percent of the funds remaining in the Hurricane Restoration Reimbursement Grant Program as of July 1, 2024, can be utilized for projects occurring under this subsection. Up to 100 percent of requested costs are eligible for grant award. Funds remaining do not include any eligible projects submitted into the grant portal system prior to July 1, 2024.

(b) Applications may be submitted for review of eligibility, which shall not constitute a grant award, prior to initiation of construction. Applications for reimbursement may be made once the large scale sand placement construction project has begun and the applicant has evidence of payment. Available funds shall be distributed on a first-come, first-served basis.

(c) Project applicants must demonstrate that the project will provide protection to upland structures against erosion, benefit property owners at large, and is able to be completed by July 1, 2025.

(d) Project applications shall include the amount of funding being requested, the limits of the beach project, the amount and source of sand to be placed, and the timeline of placement and project completion.

(e) Applicants shall submit a complete application to the department through the Hurricane Restoration Reimbursement Grant Program portal with required attachments. The application is hereby adopted by reference into this rule as Form 4 DEP-62ER24-2, Hurricane Restoration Reimbursement Grant Program Local Government Application (effective date July 1, 2024), available at https://floridadep.gov/HRRGP.

(f) Awards will be cost-reimbursement and eligible expenditures must be completed prior to July 1, 2025. Eligible expenditures include any costs required to implement large scale sand placement projects that are incurred between July 1, 2024, and July 1, 2025.

(8) This rule expires on July 1, 2025.

Notes

Fla. Admin. Code Ann. R. 62ER24-2

Rulemaking Authority ss. 10 and 12 of Chapter 2022-272, L.O.F., Law Implemented ss. 10 and 12, Ch. 2022-272, L.O.F., s. 61, Ch. 2023-240, L.O.F., s. 72, Ch. 2024-228, L.O.F.,

Rule 62ER23-2, 62ER23-3, 62ER24-1, Adopted by Florida Register Volume 50, Number 129, July 2, 2024 effective 7/1/2024, exp. 7/1/2025 (Emergency).