Rule 11D-9.001, F.A.C.: Add new definitions for statewide planning requirements for the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Rule 11D-9.002, F.A.C.: Add new requirements for statewide planning for the Edward Byrne Memorial ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NOS.:RULE TITLES:

11D-9.001Definitions

11D-9.002Funds Availability

11D-9.005Application and Award Procedures

11D-9.006Forms and Instructions

PURPOSE AND EFFECT: Rule 11D-9.001, F.A.C.: Add new definitions for statewide planning requirements for the Edward Byrne Memorial Justice Assistance Grant (JAG) program.

Rule 11D-9.002, F.A.C.: Add new requirements for statewide planning for the Edward Byrne Memorial Justice Assistance Grant (JAG) program funding decisions.

Rule 11D-9.005, F.A.C.: Revise procedures and forms to incorporate changes with the electronic grant management system.

Rule 11D-9.006, F.A.C.: Revise procedures and forms to incorporate changes to the Department's grant management requirements.

SUMMARY: The amendments to Rule 11D-9 include revising definitions, requirements, procedures and forms for the Edward Byrne Memorial Justice Assistance Grant.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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.

RULEMAKING AUTHORITY: 943.25, 943.403, FS.

LAW IMPLEMENTED: 943.25, 943.403, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Bufano at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11D-9.001 Definitions.

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Act” means the Omnibus Crime Control and Safe Streets Act of 1968, 34 42 U.S.C. 3701, et. seq., as amended.

(2) “BJA” means the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.

(3) “JAG” means the Edward Byrne Memorial Justice Assistance Grant Program.

(4) “JAG-Countywide” means the 60% funding stream that was formerly known as the Byrne Program.

(5) “JAG-Direct” means the 40% funding stream that was formerly known as the Local Law Enforcement Block Grant Program.

(6) “Criminal Justice System” means agencies established by state and local units of government to apprehend, prosecute, and adjudicate criminal offenders, including correctional agencies established to carry out the sentence imposed upon criminal offenders.

(7) “Department” means the Florida Department of Law Enforcement.

(8) “Eligible Application” is an application for Act funds, which meets the requirements of Rules 11D-9.001, 11D-9.002, 11D-9.005 and 11D-9.006, F.A.C.

(9) “Local Applicant” means any governing body of a city or county, however styled, including that of a consolidated or metropolitan government and including an Indian Tribe which performs law enforcement functions as determined by the Secretary of the Interior.

(10) “OCJG” means the Office of Criminal Justice Grants, Business Support Programs, Florida Department of Law Enforcement.

(11) “State Applicant” means any unit of the executive, legislative or judicial branches of state government which performs functions related to the purposes of the Act.

(12) “Statewide Strategic Plan” means a comprehensive plan developed in consultation with key stakeholders, as identified in the Omnibus Crime Control and Safe Streets Act, Section 502 (6)(a), detailing how grants adminstered under the JAG-Countywide and JAG-Direct Programs will be used to improve the criminal justice system.

(12) “Statewide Strategy for Drug Control, Violence Prevention, and System Improvement” means a policy designed to address the problems of illegal drug use and violent crime and to improve the efficiency and effectiveness of the criminal justice system in accordance with the Act.

(13) “Substance Abuse and Violent Crime Identification Matrix” means a set of statistical factors and values used by the Department to ascertain the degree of the drug problem or violent crime within any particular county relative to any other particular county.

(14) “PGI” means Program Generated Income.

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G-16.002, Amended 3-8-99, Formerly 9B-61.002, Amended 11-5-02, 3-27-06, 3-13-13, __________.

 

11D-9.002 Funds Availability for JAG-Countywide and JAG-Direct.

(1) JAG-Countywide. The amount of funds available shall be that amount allocated each federal fiscal year to the State of Florida by the federal government under the Act and appropriated by the legislature.

(2) The Department shall attempt to obligate all of the funds available in the current federal fiscal year, but may obligate part or all of the funds in a later federal fiscal year, when permitted by Federal law and applicable Florida Statutes.

(3) The Department shall establish a Substance Abuse and Violent Crime Identification Matrix, comprised of population and crime data, which shall be used, in conjunction with population, to determine the amount of funds allocated to each county in accordance with paragraph 11D-9.002(4)(c), F.A.C., of this subsection. Through analysis of statewide databases, the Department shall determine the rate, trend and magnitude of the following group indices and their identified variables for the most recent five years of available data in each of Florida’s counties:

(a) Violent Crime Index.

1. Number of Burglary Offenses.

2. Number of Larceny Offenses.

3. Number of Robbery Offenses.

4. Number of Murder Offenses.

(b) Juvenile Involvement in Drugs Index.

1. Number of juveniles arrested for sale and possession of marijuana.

2. Number of juveniles arrested for sale and possession of cocaine.

3. Drug Arrest Index. Number of arrests for sale and possession of any drug.

(c) Cocaine Factor Index. Number of arrests for sale and possession of cocaine.

(4) Based on the rate, trend and magnitude of these indices in each county relative to every other county, the Department shall generate a listing of the counties. Such listing shall be generated every two years.

(5) Each county shall be allocated a percentage of local share federal funds equal to one-half of the sum of that county’s percentage of statewide need as determined by the Substance Abuse and Violent Crime Identification Matrix plus that county’s percentage of the total state population.

(6) Each application for local share JAG-Countywide Program funds shall represent agreement on expenditure of grant funds among at least 51% percent of the local units of government which also represent at least 51% percent of the population within the geographic boundaries of the applicant’s county.

(7) In the event that at least 51% percent of the units of government which also represent at least 51% percent of the population in any county are unable to agree upon the expenditure of funds by the application deadline established by the program announcement or are unable to expend all of their allocated funds by the end of the grant period, said funds shall be distributed at the discretion of the Department.

(6)(8) JAG-Direct. BJA determines eligibility of JAG-Direct funds. Distribution of JAG-Direct funds will be determined by using the latest available UCR data and distributed to local units of government.

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G-16.003, Amended 3-8-99, Formerly 9B-61.003, Amended 11-5-02, 3-27-06, __________.

 

11D-9.005 Application and Award Procedures for JAG-Countywide and JAG-Direct.

(1) Statewide Strategic Plan. The Department shall develop a Statewide plan to determine how grants received under the Edward Byrne Memorial Justice Assistance Grant Program will be used to improve the administration of the criminal justice system. The plan shall:

(a) be designed in consultation with local governments and representatives of all segments of the criminal justice systems as outlined in the Act, Section 502(6)(A);

(b) include a description of how the State will allocate funding within the JAG program areas identified in the Act, Section 501(a)(1);

(c) describe the process used by State for gathering evidenced-based data and the use of such data in support of funding decisions; and

(d) be updated every 5 years.

(2)(1) JAG-Countywide Notification Process for State Applicants.

(a) The Department shall notify, in writing, state agencies that are appropriated a portion of the JAG-Countywide funds as determined by the Florida Legislature. Such notice shall identify the funding available, the purposes for which these funds may be used and the procedures required for receipt of such funds.

(b) State agencies so notified shall be obligated the appropriated funds upon receipt of an application for such funds from the affected agency.

(c) Applicants who submit proposals to the Department for consideration shall submit a two originals of the completed application package which is filled out via the Department’s electronic grants management system. Subgrant Information ON-line System (SIMON).

(3)(2) JAG-Countywide Notification Process for Local Applicants.

(a) To initiate a funding cycle, the Department shall notify all eligible agencies and jurisdictions through publication in the Florida Administrative Register. The funding cycle shall be advertised in the Florida Administrative Register at least 30 days prior to the deadline for submitting applications.

(a) (b) In addition to the notice specified in paragraph (1)(a) of this section, The the Department shall send notice of the funding cycle and a program announcement to the Chairman for the , Board of County Commissioners, in each county. The Department shall also provide a courtesy copy of said notice and program announcement to the Chief Elected Official of the governing body of each city located in each county so notified.

(b) (c) The Chairman for the, Board of County Commissioners, in each county so notified shall return to the Department within 30 days of receiving the funding notification, a statement of participation certification indicating the county’s willingness to serve as the coordinating unit of government for at least 51% percent of the units of government which also represent at least 51% percent of the population located in said county. In the event the county declines to serve as the coordinating unit of government, the Department shall request the governing body of each municipality, in descending order of population, to serve as the coordinating unit of government. The county shall also identify a county coordinator. The Department shall provide an announcement code to access the application forms in “Subgrant Information Management On-line System “SIMON,” and any other needed information to the county coordinator.

(c) The county shall designate a county coordinator to serve as the primary point-of-contact for JAG-Countywide local application planning and coordination. The county coordinator shall be responsible for: coordinating the 51% process, coordinating the county’s application submission, providing application instructions to approved agencies, and overseeing all applications within the county to ensure timely submission.

(d) Units of government receiving JAG Countywide funds must reach a written consensus on the use of those funds. This written consensus shall be documented through submission of 51% letters which must:

1. Represent at least 51% of the units of government in the county;

2. Represent at least 51% of the population of the county;

3. Be signed by the chief official for the unit of government;

4. Identify each recipient, the amount, and the purpose for use of the funds; and

5. Include the total amount of the county’s JAG Countywide allocation.

(d) In the event the county declines to serve as the coordinating unit of government, the Department shall request the governing body of each municipality, in descending order of population, to serve as the coordinating unit of government.

(4)(3) JAG-Countywide Local Application Process.

(a) Each applicant is encouraged to appoint an a Substance Abuse and Violent Crime Policy Advisory Board, the membership of which shall include at a minimum the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment programs. An existing Board or Council whose membership includes the listed representatives may be utilized in lieu of appointing a new Board or Council. The Substance Abuse and Violent Crime Policy Advisory Board shall serve as the primary body for identifying priority areas for funding to improve criminal justice within the local jurisdiction. coordinating drug abuse efforts undertaken with funds provided by the Act.

(b) Each applicant is encouraged to designate an Office of Substance Abuse and Violent Crime Policy for the purposes of:

1. Providing administrative support to the Substance Abuse and Violent Crime Policy Advisory Board;

2. Preparing an application on behalf of at least 51 percent of the local units of government that also represents at least 51% percent of the population in the applicant’s county;

3. Administering funds received from the OCJG, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustment, accounting, auditing and fund disbursements; and

4. Coordinating the drug control and violent crime prevention and enforcement activities of the county’s criminal justice system, education system and drug treatment systems.

(c) An office or agency performing other functions within the applicant unit of government may be designated as the Office of Substance Abuse and Violent Crime Policy.

(b) (d) Applicants who submit proposals to the Department for consideration shall submit a two originals of the completed application package which is filled out via the Department’s electronic grant management system.Subgrant Information ON-line System (SIMON).

(c)(e) The Department shall review all applications for JAG-Countywide funds and shall reject any application not meeting the requirements of these rules and applicable federal and state laws.

(5)(4) JAG-Direct Notification Process for Local Applicants. To initiate a funding cycle, the Department shall send notice of the funding cycle and a program announcement to the Chief Elected Official of the governing body of each unit of government identified by BJA as eligible to receive JAG-Direct funds. city located in each county so notified.local agency head; being the mayor of the city or the chairman, in each county.

(6)(5) JAG-Direct Local Application Process.

(a) Applicants who submit proposals to the Department for consideration shall submit a two originals of the completed application package which is filled out via the Department’s electronic grant management system. Subgrant Information ON-line System (SIMON).

(b) The Department shall review all applications for Act funds and shall reject any application not meeting the requirements of these rules and applicable federal and state laws.

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 2-7-95, Formerly 9G-16.008, Amended 6-22-00, Formerly 9B-61.008, Amended 11-5-02, 3-27-06, 3-13-13, ____________.

 

11D-9.006 Forms and Instructions.

Copies of the materials and forms required for the application process in Rule 11D-9.005, F.A.C., are incorporated by reference herein may be obtained through the electronic grants management system, the Office of Criminal Justice Grants website, by email to [e-mail], or by writing or calling: Office of Criminal Justice Grants, Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308, Telephone [phone].

Forms Required
(1) Project Expenditure Report https://www.flrules.org/Gateway/reference.asp?No=Ref-02283	OCJG-001 (rev. June 2012)
(2) Financial Closeout Audit https://www.flrules.org/Gateway/reference.asp?No=Ref-02284	OCJG-002 (rev. June 2012)
(3) PGI Budget Request https://www.flrules.org/Gateway/reference.asp?No=Ref-02285	OCJG-003 (rev. June 2012)
(4) PGI Earnings and Expenditure Report https://www.flrules.org/Gateway/reference.asp?No=Ref-02287	OCJG-004 (rev. June 2012)
(5) Application for Funding Assistance	OCJG-005 (rev. April 2005)
(6) Confidential Funds Certification	OCJG-008 (rev. October 2005)
(7) Criminal Intelligence System Certification	OCJG-009 (rev. October 2005)
(8) Automated Data Processing (ADP) Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval Form	OCJG-010 (rev. October 2005)
(9) Sole Source Justification for Services and Equipment Request for Approval Form https://www.flrules.org/Gateway/reference.asp?No=Ref-02288	OCJG-011 (rev. June 2012)
(10) Certificate of Acceptance of Subgrant Award https://www.flrules.org/Gateway/reference.asp?No=Ref-02289	OCJG-012 (rev. June 2012)
(11) Refund Form https://www.flrules.org/Gateway/reference.asp?No=Ref-02290	OCJG-018 (created June 2012)
(12) Grant Adjustment Notice https://www.flrules.org/Gateway/reference.asp?No=Ref-02314	OCJG-020 (created June 2012)
(13) Performance Report http://www.flrules.org/Gateway/reference.asp?No=Ref-02292	OCJG-023 (created June 2012)
(14) Certificate of Participation https://www.flrules.org/Gateway/reference.asp?No=Ref-02293	OCJG-024 (created June 2012)
(15) Request for Cash Advance https://www.flrules.org/Gateway/reference.asp?No=Ref-02315	OCJG-025 (created June 2012)
(16) PGI Budget Approval https://www.flrules.org/Gateway/reference.asp?No=Ref-02295	OCJG-026 (created June 2012)
(17) Certification as to Bulletproof Vest Purchase Requirements https://www.flrules.org/Gateway/reference.asp?No=Ref-02296	OCJG-027 (created June 2012)

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 2-7-95, Formerly 9G-16.009, Amended 6-22-00, Formerly 9B-61.009, Amended 11-5-02, 3-27-06, 3-13-13, ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Director Michelle Pyle

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2018