To clarify and simplify the application process for agencies receiving funding from the Violent Crime and Drug Control Strategy Implementation Account.

DEPARTMENT OF LAW ENFORCEMENT
Office of Inspector General

RULE NO: RULE TITLE
11N-1.002: Criteria
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: To clarify and simplify the application process for agencies receiving funding from the Violent Crime and Drug Control Strategy Implementation Account.
SUMMARY: Clarifies procedures for funding by the Violent Crime and Drug Control Council.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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: Wednesday, April 2, 2008, 10:00 a.m.
PLACE: 2331 Phillips Road, 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 [phone]. 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 RULE IS: Joyce Gainous-Harris, Florida Department of Law Enforcement, Investigations and Forensic Science Program, 2331 Phillips Road, Tallahassee, Florida 32308, [phone]

THE FULL TEXT OF THE PROPOSED RULE 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 Violent Crime & Drug Control Council (Council) VCDCC meetings can be found at http://www.fdle.state.fl.us/vcdcc/VCDCC.htm.

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, 3-21-07,__________.

 

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, Violent Crime Investigative Reimbursement Application, revised 08/01/07 08/01/06, hereby incorporated by reference, and FDLE/IFS-006, State Financial Assistance Form, revised 08/01/07, hereby incorporated by reference, and shall be mailed to the Cchairperson of the Florida Violent Crime & and Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attn.: Investigations and Forensic Science Program. This form can be obtained by written request to the above address.

(2) The Cchairperson of the Council Florida Violent Crime and Drug Control Council, as authorized by the Council, shall review all requests for emergency funding, and approve or disapprove each request based upon the criteria specified in this rule chapter, the needs outlined by the requesting agency, and funds available in the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account. In the event the Cchairperson determines a conflict of interest or becomes unavailable, the Vvice Cchairperson shall make the decision.

(3) Agencies receiving emergency violent crime investigative funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall provide a written bi-annual quarterly report to the Cchairperson 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, Violent Crime Investigative Bi-Annual Quarterly Report, revised 08/01/07 08/01/06, hereby incorporated by reference, and shall be mailed to the Cchairperson of the Florida Violent Crime & and Drug Control Council, c/o Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attn.: Investigations and Forensic Science Program. 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) Within 60 days of the conclusion of the violent crime investigation or 180 days after disbursement of the emergency funding, whichever is sooner, the receiving agency shall return any unexpended funds to the Department of Law Enforcement for deposit back into the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account, unless the Council Florida Violent Crime Drug Control Council authorizes an extension of the funding based upon a determination that the receiving agency is continuing in good faith to utilize such funds or upon a request of the receiving agency that additional time is needed to prepare and submit a final reconciliation and report to the Council.

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, 3-21-07,________.

 

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

(1) The Department of Law Enforcement has established in each area of the state served by a Department regional office a Regional Violent Crime Investigative Coordinating Team (RCT Team). All formal funding requests for violent crime investigation or violent crime trial expense reimbursement funding must be submitted to the RCT Team in the region from which the request is made. Upon receipt, the RCT Team shall review the request to determine whether it appears to conform with the requirements of rule and statute. If the request is determined to not conform with such requirements, it shall be returned to the submitting agency, with the deficiencies specifically noted along with suggestions on how the request may be revised to bring it into conformance with requirements. If the request is determined to conform with such requirements, the Chairperson (Chair) head of the RCT Regional Violent Crime Investigative Coordinating Team shall signify in writing the RCT’s Team’s review and endorsement for Council consideration, and forward the request to the Council as noted below.

(2) In order to assure careful consideration of requests before presentation to the Council, written requests for funding shall be submitted by the Chair head of the RCT Regional Violent Crime Investigative Coordinating Team so that they are received at least 30 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 32302-1489, Attn.: Investigations and Forensic Science Program.

(3) Agencies making formal funding requests under this section, shall submit to the Council via the RCT 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 Fforms FDLE/IFS-001 and FDLE/IFS-006. 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) The Florida Violent Crime and Drug Control Council shall review all formal funding requests and approve or disapprove all or part of each request based upon the criteria specified in this rule chapter, the needs outlined by the requesting agency, and funds available in the Violent Crime Emergency Account.

(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 bi-annual quarterly report to the Cchairperson 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. 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) Within 60 days of the conclusion of the violent crime investigation or trial, or 180 days after disbursement of the advance funding, whichever is sooner, the receiving agency shall return any unexpended funds to the Department of Law Enforcement for re-deposit in the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account, unless the Florida Violent Crime and Drug Control Council authorizes an extension of the funding based upon a determination that the receiving agency is continuing in good faith to utilize such funds or upon a request of the receiving agency that additional time is needed to prepare and submit a final reconciliation and report to the Council.

(8) 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, 3-21-07,_________.

 

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 (RCT 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 RCT Team will be under the direction of the Florida Department of Law Enforcement Special Agent in Charge for the area of the Sstate in which the RCT Team operates. The RCT Team should be made up of representatives of state, local, and federal law enforcement and prosecuting entities working within the area.

(2) All requests for drug control investigative effort funds from the Violent Crime and Drug Control Council must be developed in conjunction with, and approved by, the RCT Team in the region from in which the lead requesting agency is located. No request submitted without the endorsement of the RCT Team will be considered by the Council.

(3) Prior to submitting a request for drug control funds to the Department of Law Enforcement for review and consideration for Council funding, the RCT Team shall assure that the various requirements of this rule have been satisfied. The RCT Team shall discuss each mandatory criteria element stated in this rule, explaining in detail how the criteria is met. In addition, the RCT Team shall identify and discuss each non-mandatory criteria identified in this rule reasonably applicable to the request. The RCT Team shall assure that the funding proposal has been explained in sufficient detail to promote a fair review and evaluation of the request by the Department and the Council.

(4) All submissions to the Department from a RCT Regional Drug Enforcement Coordinating Team must be approved by the RCT Team and deemed complete, as indicated by the written certification of the Chair head of the RCT Team.

(5) Submissions from a RCT Regional Drug Enforcement Coordinating Team shall be made to the Department of Law Enforcement’s Investigations and Forensic Science Program (IFS). 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 will receive and review all submissions from the various RCTs 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 shall present to the Council all cases forwarded to it by the RCTs regional Teams, indicating its prioritization determinations at a meeting of the Council. The presentation must include a recommendation of which cases IFS 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) No change.

(9) Denial of all or a part of a request shall not disqualify the request from future consideration by the Council. However, any such request will be considered a new funding request and must be evaluated and approved through the process set forth in this rule, beginning with consideration and approval by the RCT Regional Drug Enforcement Coordinating Team.

(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 Chair of the RCT Regional Drug Enforcement Coordinating Team leader and describe the change of focus and effort.

(a) If the new focus and effort is of a type that could be considered for Council funding, the RCT Team and the participating agencies shall secure Council approval for the continued use of Council funds by the funded agencies. Any such request shall be evaluated and approved through the process set forth in this rule, beginning with consideration and approval by the RCT Regional Drug Enforcement Coordinating Team, but shall be expedited to minimize any negative effect the suspension of spending of Council funds may have on the ongoing investigation.

(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 RCT 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 Chair head of the RCT Team to the IFS 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 RCT Team in the agencies’ area, and provide all information as requested by the RCT 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 RCT 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 Drug Control & Money Laundering Application, and FDLE/IFS-006, the State Financial Assistance Form, both revised 08/01/07 08/01/06, 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 bi-annual quarterly report of expenditures of Council funds and of the progress of the investigative effort. The report shall be prepared in consultation with the RCT Regional Drug Enforcement Coordinating Team and submitted by the RCT that Team through the IFS for compilation and presentation at a scheduled to the Council at a quarterly meeting. Form FDLE/IFS-004A, the Drug Control Bi-Annual Quarterly Report, revised 08/01/07 08/01/06, 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 RCT 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, Drug Control Bi-Annual Report, revised 08/01/06, 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 Form either FDLE/IFS-004A or FDLE/IFS-004B.

(c) No change.

(17) through (18) No change.

(19) If agencies receiving Council funding fail to submit the required Fforms, FDLE/IFS-004A or FDLE/IFS-004B, by the stated deadline, the Council Chairperson in consultation with FDLE/IFS are staff is authorized to request that all unexpended funds be returned within 30 days. Upon such a finding, the Agency Head of each the funded agencyies will be notified in writing as to the manner in which such funds must be returned. Any agency that is delinquent in submitting either Fform FDLE/IFS-004A or FDLE/IFS-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, 3-21-07,_________.

 

11N-1.007 Annual Audit.

(1) No change.

(2) Prior to the receipt of Upon the lead agency’s receipt of the Council awarded funds, the lead Agency Head and the Chief Financial Officer (CFO) will be required to sign, date, and return the State Financial Assistance Fform FDLE/IFS-006, revised 08/01/07 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, 3-21-07,_________.

 

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 Form FDLE/IFS-005, Victim/Witness Protection Program Application, revised 08/01/07 08/01/06 and incorporated by reference, and FDLE/IFS-006, State Financial Assistance Form, revised 08/01/07, and incorporated by reference.

(2) In order to be considered for funding, completed applications shall be submitted to FDLE/IFS, at least 30 days prior to the next scheduled Violent Crime and Drug Control Council (VCDCC) meeting.

(3) Completed forms shall be mailed to: Chairperson of the 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.

Specific Authority 943.03(4) FS. Law Implemented 943.031(6), 914.25 FS. History–New 12-3-03, Amended 3-27-06, 3-21-07, _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Joyce Gainous-Harris , [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Rick Ward, [phone]
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2008