(1) The Department and the local sponsor will execute a project agreement when funds are available and the project is ready to proceed. The project agreement shall include the following:

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Terms Used In Florida Regulations 62B-36.009

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
    (a) The estimated costs for each eligible project item, including the amount of the local sponsor’s share, the Department’s share, and when applicable, the federal share;
    (b) A scope of work and estimated date of completion for each eligible project item; and,
    (c) A periodic reporting and billing schedule.
    (2) The Department’s annual financial obligation under the agreement shall be contingent upon a legislative appropriation and continued availability of funds. Funds not expended in a timely manner are subject to reversion or re-appropriation.
    (3) Local sponsors may design and construct beach management projects which are consistent with this rule and Florida Statutes Chapter 161, prior to the receipt of funding from the state pursuant to Sections 161.101 and 161.161, F.S., and may subsequently apply for reimbursement from the state within three years of the completion of the project pursuant to Florida Statutes § 161.101, provided that:
    (a) The local sponsor has obtained from the Department approval for cost-sharing for all scopes of work related to the project and has established the basis for reimbursement before the project phase commences. No reimbursement shall be granted for work accomplished prior to the date of the agreement unless specifically set forth in the agreement;
    (b) The project has been subject to review by the Department in the design or construction phases and the project has been found to be consistent with the intent of Florida Statutes Chapter 161, for project eligibility and cost effectiveness;
    (c) Reimbursement shall be limited to eligible project costs as specified in the written agreement referenced in paragraph (a), above, and this rule;
    (d) The project has been prioritized as required in Sections 161.101(14) and 161.143(2), F.S., and is subject to legislative appropriation; and,
    (e) Documentation of costs are provided to the Department, pursuant to the requirements of the State’s Auditor General.
Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.143(2), (3), (4), 161.161(1), (2), (6), 216.181, 287.057 FS. History-New 6-10-83, Formerly 16B-36.09, 16B-36.009, Amended 12-25-03, 8-5-13.