9B-43.0031. Definitions (Transferred)

The Florida Small Cities Community Development Block Grant (CDBG) Program is governed by definitions provided in the Housing and Community Development Act of 1974, as amended; and Title 24 C.F.R. 570, Subparts A, C, I, J, K, M and Appendix A, both incorporated herein by reference for use throughout this chapter, as effective on 6-6-10. These and other documents referenced in this rule are available either on the Department’s CDBG program website pages or upon request from the CDBG program office. The following additional definitions are provided for clarification.

(1) “Administrative closeout” means the written notification to a recipient by the Department that all applicable administrative actions and all required work of the subgrant have been completed, with the exception of submission of the final audit.

(2) “Administrative costs” include the payment of all reasonable costs of management, coordination, monitoring, and evaluation, and similar costs and carrying charges, related to the planning and execution of community development activities which are funded in whole or in part under the Florida Small Cities Community Development Block Grant Program. Administrative costs shall include all costs of administration, including general administration, planning and urban design, and project administration costs. Excluded from administrative costs are:

(a) Architectural, engineering and associated construction observation;

(b) Force account crews performing construction work;

(c) Title searches, appraisals and costs of surveys.

(3) “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 and services during construction except for the following additional engineering services:

(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).

(4) “Authorized signature” means the original signature of the Chief Elected Official or of a person designated by charter, resolution, code, ordinance or another official action of the local government to sign CDBG-related documents. If a signature other than that of the Chief Elected Official is submitted, a copy of the authorizing document must accompany the signature.

(5) “Biddable construction plans and specifications” means construction plans and specifications that include all addressed need service areas defined in the application, and includes all addressed need work activities outlined in the application. These documents must be consistent with the project description in the application and the proposed budget and scope of work.

(6) “CATF” means Citizen’s Advisory Task Force pursuant to Section 290.046(5), F.S. The CATF shall be comprised of citizens in the jurisdiction in which the proposed project is to be implemented.

(7) “Complementary activities” are eligible activities, as provided in Section 290.042, F.S., required by the primary activity or project scored in the CDBG application for which grant funds are being requested and which do not, except for Economic Development projects, exceed 35 percent of the cost of the primary activity or project.

(8) “Direct Benefit” is CDBG assistance that promotes or enhances individual well-being, such as housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities that only meet a national objective through an area-wide benefit do not confer direct benefit.

(9) “Engineer” means a person meeting the qualifications in Section 471.005(5), F.S.

(10) A “finding” is a specific issue of noncompliance with federal or state regulatory requirements, including the CDBG subgrant contract provisions.

(11) “Full-time employee” means a person, excluding an elected official, employed by the local government who is on the payroll on one specific payroll date during the 45 day period prior to the application deadline and who is eligible to receive full vacation, retirement, and any other benefits provided by the employing local government to all its regular employees. For county governments, only the employees of the Board of County Commissioners shall be eligible to be included in this definition.

(12) “Fundable range” for each category, except Emergency Set-Aside, shall be determined from the final scores of the eligible applications, ranked by the Department in descending order. Awards are based on the ranking following appeals, beginning with the highest scored application and proceeding in descending order until all available funds in a category for that funding cycle are depleted. If there are unfunded applications in a category, the highest scored unfunded application shall set the score above which a project must remain to be fundable.

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

(14) “Income” means annual income as defined by the U.S. Department of Housing and Urban Development as set forth in 24 CFR Section 5.609, incorporated herein by reference, as effective on 6-6-10.

(15) “Job creation location” means the geographic location in the project area where job creation activities of the Participating Party and expenditure of non-public funds will occur. This excludes locations where public funds from any source are being expended for local government owned infrastructure, local government owned public facilities or within public easements or rights-of-way.

(16) “Jobs – created” means non-public sector jobs that were not in existence in the State of Florida prior to the provision of the CDBG assistance and which would not be created without CDBG assistance. In cases where an employer both creates and eliminates jobs, “jobs – created” means the difference between the new jobs created and the old jobs eliminated.

(17) “Jobs – permanent” means full-time jobs (2,000 hours annually) or full-time equivalent jobs (2,000 hours annually) as set forth in the application which are necessary to the overall goals and objectives of a business and which have no known end.

(18) “Jobs – retained” means jobs that without CDBG assistance, would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as otherwise clarified in 24 C.F.R. s. 570.483(b)(4), incorporated herein by reference, as effective on 6-6-10.

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

(20) “Leverage” includes non-CDBG grants and loans to the local government, funds expended by other entities for the project (including by a Participating Party in an Economic Development project), fee waivers, or donated land required for the project. Special CDBG allocations awarded separately from the annual allocation, such as disaster recovery funding, may be used as leverage.

(21) “Liquidated damages” are funds paid to a local government by a contractor, vendor, or any other party pursuant to a CDBG-funded contract when such payment is triggered by non-performance or failure to perform. This definition is applicable whether such funds are withheld by the local government or repaid or rebated to the local government by the contractor, vendor or third party.

(22) “Local government” means a unit of general purpose local government, such as county governments and municipal governments (incorporated cities, towns and villages) within the State of Florida. Unless otherwise stated, “applicant” shall refer to the applying local government.

(23) “Low and moderate income (LMI) household means a household whose annual income does not exceed 80 percent of the median income for the area as most recently determined by HUD.

(24) “Low and moderate income persons” means members of low and moderate-income households.

(25) “Low income household” means a household whose annual income does not exceed 50 percent of the median income for the area as most recently determined by HUD.

(26) “Minority” means African American, American Indian, Alaskan native, Asian, Native Hawaiian, or Pacific Islander individual.

(27) “One hundred year floodplain” or “100 year floodplain” means the area subject to a one percent or greater chance of flooding in any given year as specified in 24 C.F.R. s. 55.2(b)(1), incorporated herein by reference, as effective on 6-6-10, and used throughout this chapter.

(28) “On schedule” means the local government’s performance on an open CDBG subgrant agreement is in accordance with the expenditure rates and accomplishments described in the contract workplan. Expenditures shall be considered “on schedule” if the local government has received at least 90 percent of the amount projected in the work plan’s schedule of expenditures. Accomplishments shall be considered “on schedule” if an activity identified in the work plan is not more than two months past the scheduled completion date.

(29) “On-time performance” means the local government has not received an extension of the subgrant agreement period for twelve (12) months or more, except for time extensions required for an Economic Development project to track additional job creation when contractual job creation commitments have been met, but the cost per job exceeds $10,000. For subgrants initially funded only for planning and design, the 12 months shall begin two years after the subgrant was amended for construction phase funding.

(30) “Open subgrant” for the purposes of applicant eligibility is a CDBG agreement that has not been administratively closed.

(31) “Participating Party” means a private, for-profit business or non-governmental private not-for-profit entity responsible for creating or retaining permanent jobs as part of a proposed Economic Development project.

(32) “Principal” means the owner of 50 percent or more of a Participating Party business in a proposed Economic Development project.

(33) “Program income” means gross income received by a unit of local government that was generated from the use of CDBG funds.

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

(35) “Public notice” is an advertisement published in a local newspaper of general circulation at least 5 days and no more than 20 days prior to the event for which the notice was placed. The calculation of the time period shall not include the date of publication of the notice.

(36) “Section 3” means Section 3 of the Housing and Community Development Act of 1974, as amended, incorporated herein by reference, and the implementing regulation, 24 C.F.R. Part 135, incorporated herein by reference, as effective on 6-6-10, relating to employment and other economic opportunities for lower income persons.

(37) “Service area” means the total geographic area to be directly or indirectly served by the subgrant project, where at least 51 percent of the residents are low and moderate income persons. A service area must include all, and only those, beneficiaries who are reasonably served or would be reasonably served by an activity.

(38) “Time period” or “days” means calendar days. All time periods specified in this rule, the application, the agreement and all correspondence to and from the Department refer to calendar days unless otherwise specified.

(39) “Very low-income (VLI) household” is a household whose annual income does not exceed 30 percent of the median income for the area as most recently determined by HUD.

Rulemaking Authority 290.048 FS. Law Implemented 290.042, 290.043 FS. History–New 5-23-06, Amended 6-6-10.