1. (1) Requests for funding must be submitted on the Application for Intermodal Logistics Center Infrastructure Support Program, DOT Form 725-085-01, 3/13, incorporated herein by reference at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-02432"
   http://www.flrules.org/Gateway/reference.asp?No=Ref-02432, and available as an electronic application on the Department’s website at HYPERLINK "http://www.dot.state.fl.us/seaport" www.dot.state.fl.us/seaport. Upon receipt of a completed Application, the Department will consider the Project’s eligibility for funding. There are no deadlines for submitting Applications. The Department will consider an Application as long as there are funds available within a given fiscal year. Funding is subject to legislative appropriations. Any unused funds will be requested to carryover to the subsequent fiscal year.

2. (2) All information requested on the Application for Intermodal Logistics Center Infrastructure Support Program must be included, and the Applicant must include documentation demonstrating the following:

   1. (a) The ILC’s financial stability, contribution to the achievement of state economic goals and policies, and the extent to which the ILC will contribute to increased state economic activity, including job creation, increased wages, and revenues. The Applicant must submit:

      1. A business plan for the ILC and a finance plan that fully funds the ILC, or the phase of the ILC under construction, including all contingencies, and identifies the investments made, or to be made, by the owner or developer of the ILC.

      2. Documentation of commitments from private sector businesses currently operating at the ILC, or that have executed a contract to locate operations at the ILC.

      3. Documentation of current memorandums of understandings with one or more seaport(s) listed in Section 311.09(1), F.S., to convey or ship goods to and from the ILC through the seaport, and an estimate of the amount of cargo expected to be handled at the ILC and conveyed from each appropriate seaport.

      4. A Return on Investment estimate report for the ILC and the Project, as applicable, demonstrating what will be contributed to regional and/or statewide economic activity. Estimates for the ILC must be current (within 6 months of the Application) and certified by a nationally recognized consulting firm (i.e. traffic and revenue consultant or Certified Public Accountant).

   2. (b) The positive contribution of the Project to the state transportation system, and the ability of the Project to improve the cost effective and efficient movement of goods to and from one or more seaports. If the Application is submitted by a private entity, the Applicant must clearly explain the public benefit from the Project, such as how the Project provides a benefit to the associated seaport(s) and to the State, and how the regional and/or statewide transportation of goods is improved with the development of ILC and the Project. The Applicant must provide:

      1. Project cost estimates, current (within six months of the Application) and certified by the Department’s project cost estimating system, or a nationally recognized firm of consulting engineers. Contingency amounts, representing a minimum of 10% of total costs, must be included to help ensure that the Project can be fully funded and completed.

      2. Documentation of a 50 percent or more funding match for the Project, including what entity is providing the match and how the match will be provided.

      3. Documentation from the appropriate local government(s) supporting the ILC and the Project, and affirming the ILC and the Project’s conformance with all appropriate local land use regulations and requirements.

      4. Documentation demonstrating the Project’s consistency with local Metropolitan Planning Organization plans and local government comprehensive plans.

3. (3) When an Application is submitted to the Department, the Application will be reviewed for initial eligibility and completeness. If the Department finds the Application is not complete or the Project does not meet the Program’s eligibility requirements, the Applicant will be advised of any deficiencies.
4. (4) If the Department finds the Application to be complete and the Project appears eligible for funding, it will be forwarded to the DEO for review. The DEO will provide comments to the Department on how the Project meets state economic goals and fits in to the overall goals of supporting the state’s ability to promote growth in global trade and logistics. Department modal, financial, and district staff will be asked to review and provide comments for Applications within their area to the Seaport and Waterways Office Manager. After reviewing all comments and the Application, the Seaport and Waterways Office Manager will provide recommendations to the Secretary for consideration and final approval.
5. (5) The Department Secretary will determine which Projects will receive funding support in accordance with the provisions of this rule chapter. All funding is contingent upon legislative appropriations. Funding in a single fiscal year may be distributed among several projects and no single project will receive in excess of 50% of available Program funds in a single fiscal year. The Department will respond to Applicants with a final decision on funding after the review of Applications is completed, and the Secretary has made project selections. After funding decisions are made, the Department will include the funded project in the work program in accordance with Section 339.135, F.S., as expeditiously as possible.
6. (6) The Department is responsible for constructing any Project consisting of improvements to state or federal highways. However, in cases where the Applicant will be constructing the Project, an appropriate local agreement, such as a Local Area Program Agreement or a Joint Participation Agreement will be executed by the Department and the Applicant prior to release of any funding. Failure to enter into a local agreement will result in the award being withdrawn.

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New 5-16-13.