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Florida Administrative Code (Last Updated: July 17, 2024) |
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73. Department of Commerce |
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73C. Division of Community Development |
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73C-26. Community Development; Low-Income Energy Assistance |
1Based on the availability of federal LIHEAP funds each year, the distribution of funds shall be made as follows:
20(1) The Department shall retain no more than 3 percent of the total LIHEAP funds received from the federal government for the state administration of the program.
47(2) With the approval of the U. S. Department of Health and Human Services, the Department will designate up to the maximum allowed in the Act for weatherization and other energy-related home repair for low-income households.
83(3) The Department will provide 6 percent of the total LIHEAP funds to the Department of Elder Affairs to provide assistance under LIHEAP to low-income households that include at least one member age 60 years of age or older.
122(4) The Department will reserve 2% of the annual LIHEAP amount designated for pass-through to the Sub139recipient140s to be used in case of a weather-related, supply shortage or economic emergency. These funds will be retained by the Department each year until December 15. If a state or federal emergency is declared by the President, the Governor or the Executive Director of the Department prior to December 15, then the funds will be released for use for LIHEAP eligible activities in response to the emergency. After December 15, if no emergency has been declared, the Department will release these funds for energy benefits. When funds are distributed for an emergency, the terms of the executive order will determine the allowable expenditures of the funds, based on the nature of the emergency. Any additional emergency funds will be added to the existing contracts of the Sub268recipient269s affected by the emergency.
274(5) The balance of the LIHEAP funds shall be awarded through an allocation plan for statewide distribution of the funds based in part on the percentage of poverty population and the climate zone of each county. Notice shall be sent annually by email to each Sub320recipient321. For any county not served by a LIHEAP provider, a public hearing must be held to select a new LIHEAP provider in accordance with the requirements of the Act [35242 U.S.C. § 8624356].
357(6) Funds distributed by the Department to Subrecipients which have not been expended at the end of the contract period shall be returned to the Department at the time of close388‑389out.
390(7) Subrecipients shall be offered an annual subgrant until they either voluntarily withdraw from the program or are defunded for cause.
411(8) When it is necessary to designate a new LIHEAP Subrecipient, the process shall be publicly announced and noticed and shall conform to the requirements of the Act.
439Rulemaking Authority 441409.508 FS. 443Law Implemented 445409.508 FS. 447History–New 11-30-08, 449Formerly 4509B-65.021451.
