11N-1.002. Purpose and Funding

(1) Purpose. It is the intent of the Department and Council to administer financial assistance grant programs to eligible recipients pursuant to authority under sections 943.031 and 943.042, F.S.

(2) Funding Process.

(a) The amount of funds available shall be that amount allocated each state fiscal year to the Department as appropriated by the Legislature and allocated to each grant program by the Council.

(b) All funds will be used to support priorities and objectives, adhere to grant program criteria, and comply with solicitations as approved by the Council, incorporated by reference herein.

(c) The Department shall issue an annual grant solicitation and begin receiving applications by July 9, 2019 of each calendar year.

(d) The Department and Council shall attempt to obligate all funds available in the current fiscal year, but may obligate part or all of the funds in a later fiscal year, when permitted by law.

(e) Applications for funding shall be submitted to the Department on application forms as specified by the Council and Department signed by the chief official or head of the requesting agency that complies with Council program requirements.

(f) Applications received from local governmental entities that have not returned to the Department any unexpended or unaccounted for funds from prior year grants shall be rejected by the Department and Review Committee. Applications from local governmental entities that have not met their obligations under the terms of any previous grant agreements for funds under this Rule or authorizing legislation shall also be rejected by the Department and Review Committee.

(g) Awarded grant funds shall be administered pursuant to a written finanical assistance agreement between the Department and recipient, upon approval of the application by the Review Committee.

(h) All expenditures of Council grant funds must comply with the terms and conditions of the grant award and be expended in a manner approved by the Council or Review Committee.

(i) Rapid funds disbursement. The Review Committee and Department shall employ rapid funds disbursement procedures for violent crime investigative assistance and emergency funding as authorized in section 943.031(6), F.S.

(3) Allowable costs and limitations on use of funds.

(a) Allowable costs for violent crime and drug control investigative assistance and emergency grant programs are case related investigative expenses, salary and overtime for offices and employees directly linked to a funded investigation and other expenses related to investigations approved by the Council.

(b) Allowable costs for violent crime emergency trial-related funding are limited to extraordinary violent crime trial-related expenses and salary overtime payments. Such funding shall not include the payment of salaries for permanent employees, or the purchase of furnishings and equipment. Examples of extraordinary trial-related expenses include expert witness fees, travel expenses of witnesses, extraordinary security measures, and salary payments to temporary security personnel under contractual agreements.

(c) Funding provided by the Council shall not be used to supplant, take the place of, or substitute for existing appropriations of state and local law enforcement agencies and units of government.

(d) Matching funds of ten percent cash or in-kind shall be required for all Council grant programs.

(e) The maximum funding provided by the Council on a single investigation shall be $100,000. However, an approved investigative effort may consist of multiple investigations, each of which may receive funding up to $100,000.

(f) No law enforcement agency as defined herein may receive more than $200,000 in Council funds during the agency’s fiscal year.

(g) Payment of overtime with Council funds shall not exceed $10,000 per officer or employee dedicated to the funded investigative effort.

(h) As used herein, “beyond the resources” means that the expenses claimed by the agency seeking emergency funding assistance under this section are so extraordinary that they currently jeopardize the requester’s ability to provide the services or duties required by law or have caused the requestor to terminate providing a service it would otherwise not be providing, and that the requester has demonstrated to the Council that all reasonable alternatives for funding the claimed expenses within the requesting agency’s current fiscal year have been exhausted.

(4) Recipients of Council violent crime or drug control investigative assistance or emergency funding shall:

(a) Designate a lead investigative agency that will serve as the liaison between the Council and the participating agencies for the purposes of coordinating the collection of information and in disbursing funds approved by the Council.

(b) Each participating agency shall agree to promptly provide requested information to the Council, to provide regular performance reports and information related to funded investigations as required by the Council, retain documentation and proof of expenditures or personnel efforts as may be required by the Council, and submit to any audit or review of the use of received funds as may be required by the Council.

(c) If an additional agency is brought into the investigation after funding has already been appropriated and no additional monies are being sought and there is no change of focus of the investigation, a lead investigative agency is authorized to request that the additional agency be permitted to share in council funds for the investigation.

(d) The lead agency shall verify and endorse both that agency match funding is available from the new agency and that all requirements will be fulfilled by the new agency.

(e) The new agency shall guarantee its agreements are completed and obtain agency match funding before presenting its package, with the lead agency’s endorsement, to the Chairperson of the Council.

(5) Application information, Form FDLE/IFS-005, Victim/Witness Protection Program Reimbursement Application, revised 08/01/07, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10778, funding criteria, and dates of scheduled Violent Crime & Drug Control Council (Council) meetings can be found at http://www.fdle.state.fl.us/VCDCC.Forms.

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 11-5-02, 3-21-07, 6-9-08, 7-9-19.