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EXHIBIT B <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />program funds, shall not require a paid membership for the general public of all of the member counties as <br />a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in <br />whole or in part by program funds, however such fees shall be reasonable and shall be the same for the <br />general public of all of the member counties. <br />(5) Waterway Impacts: All development projects must be designed so as not to impact navigation <br />along the District's waterways through the placement of structures, attendant uses, or the necessity of a <br />boating speed zone for safety purposes. Before applying for boating speed zone designation in District <br />waterways because of a project funded by this program, the sponsor shall first receive approval from the <br />Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve <br />the proposed boating speed zone. <br />(6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and <br />management of the project for the anticipated life of the project and shall be responsible for all expenses <br />required for such purposes. The project shall be maintained in accordance with the standards of <br />maintenance for other similar local facilities and in accordance with applicable health standards. Project <br />facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue <br />deterioration and to encourage public use. The project sponsor shall have full legal authority and financial <br />ability to operate and maintain the project facilities. <br />(7) Education Facilities and Programs: Waterways related environmental education facilities and <br />programs sponsored by the District shall occur at specially designated environmental education facilities <br />located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental <br />education efforts in the least number of facilities within an area that will adequately serve the education <br />needs of that area of the District. <br />(8) Public Information Availability: Public information produced with assistance from this program <br />shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the <br />public. <br />(9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient <br />oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will <br />include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating <br />hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third <br />party projects shall be open to the public in accordance with this rule. <br />(10) Non-compliance: The District shall terminate a project agreement and demand return of program <br />funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or <br />this rule, if such non-compliance calls into question the ability of the applicant to complete the project. <br />Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result <br />in the District declaring the project sponsor ineligible for further participation in the program until such <br />time as compliance has been met to the satisfaction of the District. <br />(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee <br />must create and maintain an enterprise fund for the public project that shall plan for and retain at all times <br />sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of <br />the previous five years of the public project's enterprise fund will be submitted as part of any subsequent <br />assistance program application to the District. <br />Rulemaking Authority 374 976(2) FS. Law Implemented 374 976(1), (2) FS. History—New 12-17-90, Amended 2-3-94, <br />2-6-97, Formerly 16T-2 004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, <br />3-7-11, 3-7-12, 1-27-14 <br />66B-2.005 Funds Allocation. <br />The Board will allocate funding for this program based upon the District's overall goals, management <br />policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to <br />navigation related districts, member counties and local governments shall be based upon the proportional <br />