Updates program procedures and forms.  

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    DEPARTMENT OF LAW ENFORCEMENT
    Office of Inspector General

    RULE NO: RULE TITLE
    11N-1: VIOLENT CRIME INVESTIGATIVE EMERGENCY AND DRUG CONTROL STRATEGY IMPLEMENTATION ACCOUNT
    11N-1.002: Criteria
    11N-1.0031: Limitations on Matching Drug Control Investigative Funding
    11N-1.004: Procedures for Emergency Violent Crime Investigative Funding
    11N-1.005: Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding
    11N-1.0051: Procedures for Funding Requests for Matching Drug Control Investigative Funding
    11N-1.007: Annual Audit
    11N-1.009: Victim/Witness Protection Program
    PURPOSE AND EFFECT: Updates program procedures and forms.

    SUMMARY: This rule chapter updates program and contact information, creates and revises forms to capture budgetary information from agencies and provide documentation for audits, expands funding request deadline to provide more time to process requests.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    SPECIFIC AUTHORITY: 943.03(4), 943.042 FS.
    LAW IMPLEMENTED: 943.031, 943.042 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: January 10, 2007, 10:00 a.m.

    PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, Tallahassee, Florida 32308-1489

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Joyce Gainous-Harris at (850)410-7096.

    If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Joyce Gainous-Harris at (850)410-7096

     

    THE FULL TEXT OF THE PROPOSED RULES IS:

    11N-1.002 Criteria.

    The Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall be used:

    (1) through (2) No change.

    (3) Application information, funding criteria, and dates of scheduled VCDCC meetings can be found at http://www.fdle.state.fl.us.

    Specific 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,_________.

     

    11N-1.0031 Limitations on Drug Control Investigative Funding.

    (1) through (5) No change.

    (6) Limits Upon Drug Control Funding.

    (a) through (d) No change.

    (e) Previously-approved drug investigation initiatives are eligible for additional funding from the Ccouncil, up to the funding limits set by Rules 11N-1.003 and 11N-1.0031, F.A.C., and Section 943.031, F.S. In order to receive consideration for additional funding, an entity seeking such consideration must demonstrate:

    1. through 3. No change.

    Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06,________.

     

    11N-1.004 Procedures for Emergency Violent Crime Investigative Funding.

    (1) Requests for violent crime investigative emergency funding up to the maximum of $25,000 shall be made by a detailed written request demonstrating how emergency funding criteria established in this rule are satisfied and certifying that the requesting agency cannot initiate or continue the investigation without immediate supplemental funding. The request shall be accompanied by fForm FDLE/IFS-001 FDLE/OSI-001, Violent Crime Investigative Reimbursement Application, revised 08/01/06 10/08/02, hereby incorporated by reference, and shall be mailed to the chairperson of the Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302. This form can be obtained by written request to the above address.

    (2) No change.

    (3) Agencies receiving emergency violent crime investigative funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall provide a written quarterly report to the chairperson of the Florida Violent Crime and Drug Control Council of all expenditures from the Account funds. The report shall be accompanied by fForm FDLE/IFS-002 FDLE/OSI-002, Violent Crime Investigative Quarterly Report, revised 08/01/06 10/08/02, hereby incorporated by reference, and shall be mailed to the chairperson of the Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302. This form can be obtained by written request to the above address. Requesting agencies shall retain documentation supporting expenditures from the Account and make these available during the annual evaluation and audit of the trust fund.

    (4) No change.

    Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 8-22-00, 10-25-01, 12-3-03,_________.

     

    11N-1.005 Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding.

    (1) No change.

    (2) In order to assure careful consideration of requests before presentation to the Council, written requests for funding shall be submitted by the head of the Regional Violent Crime Investigative Coordinating Team so that they are received at least 30 thirty days prior to the next scheduled Violent Crime and Drug Control Council meeting. Requests shall be mailed to: Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32302, and shall indicate who will be making the presentation to the Council.

    (3) Agencies making formal funding requests under this section, shall submit to the Council via the Regional Violent Crime Investigative Coordinating Team a detailed and itemized written request and the head of the requesting agency shall certify in writing that the request complies with the requirements established by this rule for funding. The request shall be accompanied by fForm FDLE/IFS-001 FDLE/OSI-001. The request shall describe the violent crime case in relation to the criteria established in this rule chapter and shall state details and specifics demonstrating that the resources of each requesting agency are insufficient to meet the investigative or trial expenses in the agency’s current fiscal year.

    (4) through (5) No change.

    (6) Agencies receiving advance funding under this section from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall provide a written quarterly report to the chairperson of the Florida Violent Crime and Drug Control Council of all expenditures from the Account funds. The report for such advance funding shall be accompanied by fForm FDLE/IFS-002 FDLE/OSI-002. Requesting agencies shall retain documentation supporting expenditures from the Account and make these available during the annual evaluation and audit of the trust fund.

    (7) through (9) No change.

    Specific 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, 12-3-03, 3-27-06,_________.

     

    11N-1.0051 Procedures for Funding Requests for Drug Control Investigative Funding.

    (1) The Department of Law Enforcement has established in each area of the state served by a Department regional office a Regional Drug Enforcement Coordinating Team (Team) to coordinate the identification and development of multi-agency or statewide drug control or illicit money laundering investigative or task force efforts that significantly contribute to achieving the state’s goal of reducing drug-related crime as articulated by the Office of Drug Control, that represent a significant illicit money laundering investigative effort, or that otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council established under Section 397.333, F.S. Each Team will be under the direction of the Florida Department of Law Enforcement Special Agent in Charge Regional Director for the area of the state in which the Team operates. The Team should be made up of representatives of state, local, and federal law enforcement and prosecuting entities working within the area.

    (2) through (4) No change.

    (5) Submissions from a Regional Drug Enforcement Coordinating Team shall be made to the Department of Law Enforcement’s Investigations and Forensic Science Program (IFS) Office of Statewide Intelligence. Materials being submitted shall be secured and transmitted in a manner to assure that the criminal investigative and criminal intelligence information contained is not compromised.

    (6) The IFS Office of Statewide Intelligence will receive and review all submissions from the various Regional Drug Enforcement Coordinating Teams utilizing the criteria of this rule, and shall prioritize from the pending submissions those proposals that best meet the criteria of this rule and are determined to be multi-agency or statewide drug control or illicit money laundering investigative or task force efforts that are most likely to significantly contribute to achieving the state’s goal of reducing drug-related crime as articulated by the Office of Drug Control, that represent the most significant of proposed illicit money laundering investigative efforts, or are cases that are best believed to otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council established under Section 397.333, F.S.

    (7) The IFS Office of Statewide Intelligence (OSI) shall present to the Council all cases forwarded to it by the regional Teams, indicating its prioritization determinations at a meeting of the Council. The presentation must include a recommendation of which cases IFS OSI believes should receive funding priority and the amount of drug control funding recommended and may identify the relative strengths and weaknesses of the cases under consideration in meeting the underlying goals of Council funding.

    (8) The Council will make its drug control funding decisions based upon the information presented to it by IFS OSI, or otherwise made available at a Council meeting, and the availability of funds for use by the Council. The Council may direct that approved funding shall be paid in a lump sum or in installments. The Council may fund all, a portion, or none of a request presented to it.

    (9) through (10) No change.

    (11) If after receipt of funds, it appears that a funded investigative effort will substantially depart from the focus and effort originally approved by the Council, the agencies receiving Council funds shall suspend use of such funds and shall contact the Regional Drug Enforcement Coordinating Team leader and describe the change of focus and effort.

    (a) through (b) No change.

    (c) The Council may endorse changes of focus or efforts and authorize the continued use of Council funds when receiving progress reports during regularly scheduled meetings provided that the Team and the IFS endorse the new focus or efforts for such continued funding.

    (12) In order to assure careful consideration of original requests for drug control funding and resubmitted requests for funding that have been previously denied, the written requests and approvals shall be submitted by the head of the Team to the IFS Office of Statewide Intelligence no later than 30 days prior to the meeting of the Council in which the request for funding might be considered.

    (13) Agencies seeking drug control funding under this section shall cooperate with the Team in the agencies’ area, and provide all information as requested by the Team to assist in the preparation of a funding request, including information to identify the amounts of agency funds being committed by each participating agency to be matched by Council drug control funds. The head of each requesting agency that seeks to receive Council drug control funds shall include in the submission to the Team a certification in writing that to the agency head’s best knowledge and belief, the request complies with the requirements established by law and this rule for funding. The agency head shall also agree to provide requested information to the Council to assist the Council in its performance-monitoring obligations and shall agree to retain proof and documentation as may be required by the Council and to submit to any audits or reviews of agency utilization of Council funds or funds derived from any Council-funded investigative effort as may be performed. The request shall be accompanied by fForm FDLE/IFS-003 FDLE/OSI-003 Drug Control & Money Laundering Application, revised 08/01/06 12/03/2004, incorporated by reference.

    (14) through (15) No change.

    (16) Council Funding Documentation.

    (a) Agencies receiving drug control funding under this section shall provide a written quarterly report of expenditures of Council funds and of the progress of the investigative effort. The report shall be prepared in consultation with the Regional Drug Enforcement Coordinating Team and submitted by that Team through the IFS Office of Statewide Intelligence for compilation and presentation to the Council at a quarterly meeting. Form FDLE/IFS-004A FDLE/OSI-004A, Drug Control Quarterly Report, revised 08/01/06 12/03/2004, incorporated by reference, shall be utilized to make the report. In addition, the Council may require oral progress reports to be made at Council meetings by a representative of the Regional Drug Enforcement Coordinating Team or a designee of the lead investigative agency in a funded investigative effort. Agencies receiving Drug Control funding after September 1, 2005, shall utilize FDLE/IFS-004B FDLE/OSI-004B, Drug Control Bi-Annual Report, revised 08/01/06 12/03/2004, hereby incorporated by reference.

    (b) Agencies receiving Council funding shall retain documentation supporting the amounts and purposes of expenditures made from Council funds, the amounts and purposes of expenditure of agency match funds, the performance and accomplishments of the investigative efforts, and shall make these available to the Council upon request. With regard to agency personnel assigned to investigative efforts receiving Council funds, each agency shall retain, and make available to the Council as requested, each employee’s official time and leave records and such other documentation demonstrating the time devoted by the employee to the funded investigative effort, but these records shall not be submitted with either FDLE/IFS-004A FDLE/OSI-004A or FDLE/IFS-004B FDLE/OSI-004B.

    (c) Agencies receiving Council funding shall provide such other information as required by the Council or the IFS Office of Statewide Intelligence in its capacity as support staff, to assist in preparing its annual report to the Legislature, to assist audits of Council activities, or to assist the Council and IFS OSI in fulfilling their role to monitor the performance of funded investigations.

    (17) through (18) No change.

    (19) If agencies receiving Council funding fail to submit the required forms, FDLE/IFS-004A FDLE/OSI-004A or FDLE/IFS-004B FDLE/OSI-004B, by the stated deadline, the Council Chair in consultation with FDLE/IFS OSI staff is authorized to request that all unexpended funds be returned within 30 days. Upon such a finding, the Agency Head of the funded agencies will be notified in writing as to the manner in which such funds must be returned. Any agency that is delinquent in submitting either form FDLE/IFS-004A FDLE/OSI-004A or FDLE/IFS-004B FDLE/OSI-004B by 90 or more days shall be subject to this provision.

    Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06,_________.

     

    11N-1.007 Annual Audit.

    (1) The Department of Law Enforcement will annually arrange for an independent evaluation of the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account to ensure expenditures are consistent with provisions of this rule chapter, and annually arrange for an independent audit of the financial statement.

    (2) Upon the lead agency’s receipt of the Council award, the Agency Head and the Chief Financial Officer (CFO) will be required to sign, date, and return the State Financial Assistance form FDLE/IFS-006, created 08/01/06 and incorporated by reference, indicating agreement to maintain the requested documentation detailing the actual funds expended during the investigations, and to provide documentation to an auditor upon request.

    (3) Within 30 days of receipt of the award, the lead agency shall mail the signed State Financial Assistance form to:  Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    Specific 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,_________.

     

    11N-1.009 Victim/Witness Protection Program.

    (1) Requests for Victim/Witness Protection funding, pursuant to Section 943.031(6), F.S., must be made using the Victim/Witness Protection Program Application, form FDLE/IFS-005 FDLE/OSI-005, revised 08/01/06 10/8/02 and incorporated by reference.

    (2) In order to be considered for funding, completed applications shall be submitted to FDLE/IFS, OSI, at least 30 days prior to the next scheduled Violent Crime and Drug Control Council (VCDCC) meeting. Application information and dates of scheduled VCDCC meetings can be found at http://osiweb.fldle.flcjn.net/VCDCC/vwcases/vwapplication.ht m.

    (3) Completed forms shall be mailed to: Chairperson, Florida Violent Crime & Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attn.: Investigations and Forensic Science Program Violent Crime Agent/Office of Statewide Intelligence.

    Specific Authority 943.03(4) FS. Law Implemented 943.031(6), 914.25 FS. History–New 12-3-03, Amended 3-27-06,_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Joyce Gainous-Harris, Florida Department of Law Enforcement, Investigations and Forensic Science Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-7096

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Richard A. Ward, Special Agent Supervisor, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006

Document Information

Comments Open:
12/15/2006
Summary:
This rule chapter updates program and contact information, creates and revises forms to capture budgetary information from agencies and provide documentation for audits, expands funding request deadline to provide more time to process requests.
Purpose:
Updates program procedures and forms.
Rulemaking Authority:
943.03(4), 943.042 FS
Law:
943.031, 943.042 FS.
Contact:
Joyce Gainous-Harris at 850-410-7096.
Related Rules: (7)
11N-1.002. Criteria
11N-1.0031. Limitations on Matching Drug Control Investigative Funding
11N-1.004. Procedures for Emergency Violent Crime Investigative Funding
11N-1.005. Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding
11N-1.0051. Procedures for Funding Requests for Matching Drug Control Investigative Funding
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