Fla. Admin. Code Ann. R. 66A-2.002 - Definitions

The terms used in this rule chapter are defined as follows:

(1) "Acquisition" means the act of obtaining with Program funds equipment, intangible property, supplies, real property, activities and services necessary to plan and carry out a project under this rule.

(2) "Application" means a member county's formal request for Program funds on the specified form with required supporting documentation.

(3) "Board" means the Board of Commissioners of WCIND.

(4) "Budget-Cycle Funding" or "Budget-Cycle" means the time period between January 1st and June 15th when project applications may be submitted to WCIND for approval and appropriation of project funds by the Board during the TRIM hearing or budget approval process for the upcoming fiscal year beginning on October 1st.

(5) "Capital Improvement" means the addition, improvement, modification or alteration of real property that materially increases its value or useful life.

(6) "Construction" means the carrying out of any altering, building, clearing, demolishing, dredging, excavating, filling and related activities of any facility or real property.

(7) "County Navigation Improvement Fund" or "CNIF" means the total unencumbered balances of reserve funds assigned to each member county in an adopted budget. Each member county CNIF reserve fund balance available is its unexpended proportional share of ad valorem tax revenues carried over from past fiscal years, including excess funds from completed projects, plus such unobligated revenues from the current fiscal year.

(8) "Development" in the context of capital improvements, means the act of physically improving real property or facilities thereon to increase its ability or capacity to serve waterway related purposes. In the context of intellectual property, "development" refers to the systematic use of scientific and technical knowledge in the design, testing, or evaluation of a potential new product or service (or of an improvement in an existing product or service) to meet specific performance requirements or objectives.

(9) "Equipment" means non-consumable and nonexpendable, tangible personal property having a per-unit cost of $5, 000 or more and a useful life beyond one year.

(10) "Executive Director" means the Executive Director of the WCIND.

(11) "Extension" means to increase the size or capacity or make an addition to an existing facility. In the context of time, "extension" refers to the additional time granted to a member county to complete a project agreement or satisfy a condition or requirement under this Rule Chapter.

(12) "Facility" means all or any portion of a capital improvement established to be used exclusively for purposes directly related to WCIND waterways as set forth in this Rule Chapter.

(13) "Fiscal Year" means WCIND fiscal year, October 1st - September 30th.

(14) "In-Kind Contribution" means the value of a non-cash contribution provided by a member county or third-party to meet a project's match funding requirement.

(15) "Intangible Property" means property having no physical existence such as trademarks, copyrights, or patents, having a per-unit cost of $5, 000 or more and a useful life beyond one year.

(16) "Intellectual Property" means a copyrightable intangible property that was developed with Program funds, or for which ownership was acquired with Program funds.

(17) "Liaison Agent" means the person officially designated by a member county who is authorized to act on its behalf on matters related to participation in the Program.

(18) "Maintenance" means the activities necessary to keep facilities or equipment in a condition to serve their intended purposes. Maintenance activities include routine, recurring custodial services, minor repairs and other non-routine actions which occur on a less frequent basis through any give fiscal year.

(19) "Marine Law Enforcement" means law enforcement activities performed on WCIND waterways by any of the following: county sheriffs and their deputies; municipal police officers; or law enforcement officers, part-time law enforcement officers and auxiliary law enforcement officers as defined by Section 943.10, F.S.

(20) "Marine Fire Service" means fire suppression and prevention activities and related rescue response activities for the protection of life and property performed on WCIND waterways by a county, municipality, sheriff or special district. Marine fire service may be performed in conjunction with marine emergency medical services where the marine fire service provider is licensed to perform the same under Chapter 401, F.S.

(21) "Match" means the value of cash, pre-agreement costs or in-kind contributions provided by a member county or third-party to pay its share of the project costs as required by this Rule Chapter.

(22) "Member County" means a county located within the taxing boundaries of the WCIND.

(23) "Net Ad Valorem Revenue" means WCIND's estimated net ad valorem revenues as adopted in its annual budget and calculated from subtracting applicable property appraiser and tax collector fees from the estimated ad valorem revenue.

(24) "Off Funding Cycle" or "Off-Cycle" means the time outside of the TRIM hearing or budget approval process when project applications may be submitted to WCIND for approval and appropriation of CNIF reserve funds by the Board at a regularly scheduled meeting.

(25) "Operations" means the activities necessary for facilities or equipment to function and produce desired results on a daily or frequent basis. Where appropriate context applies, operations means activities necessary to properly conduct marine law enforcement or boating safety and environmental education programs.

(26) "Overhaul" means the repair, rebuild and recondition of equipment at or near the end of the equipment's useful life that results in a new useful life of the equipment that is consistent with the extent of the overhaul.

(27) "Planning" means project planning phase activities, including feasibility analysis, design, studies, and other tasks required to prepare plans for eligible projects prior to construction, including environmental review, permitting and compliance tasks, and architectural, survey and engineering studies.

(28) "Post-Construction" means the monitoring, collection and analysis of physical or biological data, or similar activities required by state or federal permits on an annual or periodic basis following the completion of the project's construction phase.

(29) "Primary Facility" means any facility which could stand alone and carry out its project purpose to relate directly to WCIND waterways, without a support facility.

(30) "Project" means a planned undertaking which includes one or more activities that have a common purpose that relates directly to WCIND waterways.

(31) "Project Agreement" means an executed contract between WCIND and a member county setting forth the terms and conditions of funding an approved Program project.

(32) "Real Property" means all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein.

(33) "Reconstruction" means the act of constructing a previously existing facility again, which was demolished or destroyed in whole or in part by fire, casualty or natural disaster.

(34) "Regional and Administrative Efforts" means the regional and administrative expenses and contingencies budgeted annually for the purposes of providing the requisite local cooperation for the construction, maintenance and operation of the Gulf Intracoastal Waterway in accordance with Chapter 98-526, Laws of Florida. Regional and administrative efforts are budgeted and funded from the annual net ad valorem revenue in proportion to each member county's share of the same.

(35) "Specialized Instruction" means the act or practice of teaching a particular skill necessary to boat more safely or protect the marine environment or advising and informing students in a manner that develops an awareness of boating safety or waterway environments, and is performed on WCIND waterways. Specialized instruction is specific and exclusive to the boater safety or environmental education curriculum and is not included under member county or third-party operator salaries.

(36) "Supplies" means all materials, fabricated parts and other items of tangible personal property other than equipment as defined above.

(37) "Support Facility" means a facility which could not stand alone and carry out its project purpose to relate directly to the waterways without the primary facility.

(38) "Third-Party Operator" means a local government or other entity which is provided Program funds under written contract with a member county to carry out all or part of an approved project in accordance with the project agreement.

(39) "TRIM Hearings" means the public hearings required by the Truth in Millage Act as codified in Chapter 200, F.S., to adopt WCIND's annual ad valorem tax millage rate and budget.

(40) "Upgrade" means improvements to equipment that are intended to materially improve its functional use or heighten the capabilities of its intended use. This term does not include overhauls of equipment.

(41) "Waterway Related Environmental Issues" means: the physical and biological impacts of waterway construction, maintenance, and operation, and related restoration and enhancement activities; the role of waterways within watershed ecosystems, watershed structure and functions, and the value and benefits of healthy watersheds; ecofriendly boating practices and the balance of the recreational, economic, and scenic values of such waters.

(42) "WCIND's Interest" means the interest that WCIND holds in any tangible or intangible property acquired with Program funds based upon WCIND's share in the costs of the original acquisition.

Notes

Fla. Admin. Code Ann. R. 66A-2.002

Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS.

New 11-11-90, Formerly 16S-2.002, Amended by Florida Register Volume 47, Number 031, February 16, 2021 effective 3/3/2021.

New 11-11-90, Formerly 16S-2.002, Amended 3-3-21.