73C-23.0031. Definitions

Terms used in this chapter which are not defined herein have the meanings as set forth in the authority incorporated by reference in Rule 73C-23.0030, F.A.C. Terms defined herein have the following meaning:

(1) “Additional Engineering” includes:

(a) Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required, such as route surveys.

(b) Laboratory tests, well tests, borings, and specialized geological soils, hydraulic, or other studies recommended by the engineer.

(c) Property surveys, detailed description of sites, maps, drawings, or estimates related to them, assistance in negotiating for land and easement rights.

(d) Necessary data and filing maps for water rights.

(e) Redesigns ordered by the owner after final plans have been accepted by the owner and the local government, except redesigns to reduce the project cost to within the funds available and projects which received “readiness to proceed” points or a planning and design grant.

(f) Appearances before courts or boards on matters of litigation or hearings related to the project.

(g) Preparation of environment assessments or environmental impact statements.

(h) Performance of detailed staking necessary for construction of the project in excess of the control staking.

(i) Provision of the operation and maintenance manual for a facility.

(j) Activities required to obtain state and federal regulatory agency construction permits.

(k) Design of hookups.

(l) Cost of engineering specialties such as electrical; hydro-geological services; biologists; and heating, ventilation, and air conditioning (HVAC).

Additonal engineering is considered to be services provided in addition to basic architectural and engineering services.

(2) “Addressed Need” means the activities that the Applicant proposes to complete with the funds requested in its Small Cities Community Development Block Grant Application for Funding.

(3) “Applicant” means a unit of general local government that applies for CDBG funding.

(4) “Application” means the Florida Small Cities Community Development Block Grant Application for Funding, Form SC-60, which is incorporated by reference in rule 73C-23.0030, F.A.C.

(5) “Application Cycle” means the period during which the Department will accept applications as specified in the Notice of Funding Availability published in the Florida Administrative Register.

(6) “Architectural and Engineering Services” means the basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services, bid management and services during construction.

(7) “Authorized Signature” means the original signature of the Chief Elected Official or the signature of a person designated by charter, resolution, code, ordinance or another official action of the local government to sign CDBG-related documents as demonstrated by submission of authorizing documentation.

(8) “Biddable Construction Plans and Specifications” means construction plans and specifications, dated and sealed by an engineer or architect, that include all addressed need service areas and all addressed need work activities outlined in the application and contain all documents, forms and information necessary for a contractor to submit a bid, except for a wage decision, the CDBG Supplemental Conditions, and the local government’s current Minority and Women Business Enterprises list.

(9) “Business Incubator” is a multi-tenant building that provides affordable, flexible space along with a variety of office and professional services to small and/or new businesses for the purpose of creating an atmosphere conducive to the creation and growth of fledgling businesses.

(10) “CATF” means Citizen’s Advisory Task Force pursuant to section 290.046(5), F.S. The CATF shall be comprised of at least five residents of the Applicant’s jurisdiction. None of the members shall be an elected official of the Applicant, and no more than one shall be an employee of the local government.

(11) “Complementary Activities” are eligible activities as provided in section 290.042, F.S., required to support the primary activity or project for which grant funds are being requested, which do not, except for Economic Development projects, exceed 35 percent of the cost of the primary activity or project.

(12) “Completeness Period” means the 14-day period that the Applicant has to respond to any requests for additional information related to its Application for Funding.

(13) “Direct Benefit” is Community Service Block Grant assistance that promotes or enhances individual well-being, such as housing rehabilitation, sewer and water hookups, or job creation by a Participating Party and does not include activities that only meet a national objective through an area-wide benefit.

(14) “Final Closeout” means the written notification to a Recipient by the Department that the final required audit or an attestation statement that a Single Audit is not required for an administratively closed subgrant has been approved by the Department, which starts the six-year records retention period for subgrant files.

(15) “Fundable Range” means the range of the highest scoring applications in each CDBG program category that have allocated funds available for award. To remain in the fundable range, funded applications must retain at least 0.01 points above the highest scoring unfunded application.

(16) “Funding Cycle” means the time period from the starting date of one application cycle through the last day before the starting date of the next application cycle.

(17) “Funding Reservation” means the Department’s reservation of funds made for an applicant’s project when an application is received under the Economic Development program category.

(18) “Household” means all individuals residing in a dwelling unit, regardless of their relationship.

(19) “Household Income” means the income of all individuals aged 18 and above residing in a dwelling.

(20) “Income” means annual income as defined by the U.S. Department of Housing and Urban Development as set forth in 24 CFR 570.3, and incorporated by reference in rule 73C-23.0030, F.A.C.

(21) “Jurisdiction” means the corporate limits of a local government.

(22) “Liquidated damages” are funds paid to a local government by a contractor, vendor, or any other party pursuant to a CDBG-funded contract due to non-performance or failure to perform in accordance with contractual requirements and includes funds withheld by, or repaid or rebated to the local government.

(23) “Minority” means an individual who is Black/African American, American Indian/Alaskan Native, Asian, Native Hawaiian/Pacific Islander or Multi-Racial.

(24) “Notice of Funding Availability” or “NOFA” means the notification released by the Department which announces the availability of federal funds, and which includes the application cycle starting date, the deadline date for application submission, and the allocations amounts for each grant program category.

(25) “Open Subgrant” for the purposes of Applicant eligibility is a CDBG agreement that has not been administratively closed.

(26) “Project Area” means the site or sites upon which all subgrant-related construction activities take place, without respect to funding source.

(27) “Public notice” means an advertisement published in a local newspaper of general circulation.at least five days and no more than 30 days prior to the day of the event for which the notice was placed. The calculation of the time period shall include the date of publication of the notice but not the day of the event.

(28) “Recipient” or “Subgrantee” means a unit of local government that has been awarded CDBG funding.

(29) “Readiness to Proceed Points” are points awarded in the Commercial Revitalization and Neighborhood Revitalization categories for projects that have biddable construction plans and specifications completed by the application deadline for all “addressed need” activities requiring plans and specifications and have all required permit applications for infrastructure activities submitted to the proper agencies by the application deadline.

(30) “Recipient” means, for the purposes of division 73C, F.A.C., a unit of general local government that has received an award of funds.

(31) “Section 3” means Section 3 of the Housing and Community Development Act of 1974, as amended, and the implementing regulation, 24 CFR Part 135, relating to employment and other economic opportunities for low- to moderate-income persons.

(32) “Subgrant Agreement” means the contract that is executed between an Applicant and the Department to award CDBG funding for completing the Addressed Need activities that were included in the Applicant’s Small Cities CDBG Application for Funding.

(33) “Unaddressed Need” means the activities that the Applicant listed in its Small Cities CDBG Application for Funding for which funds were not budgeted in the application.

Rulemaking Authority 290.048 FS. Law Implemented 290.042, 290.043, 290.048 FS. History–New 5-23-06, Amended 6-6-10, Formerly 9B-43.0031, Amended 4-21-15, 5-27-18, 11-3-22.