the City of Boynton Beach’s Petition for Variance of Section VIII.B. of the Department of State’s Guidelines for the State Aid Program, which are incorporated into paragraph 1B-2.011(2)(a), Florida Administrative Code. These Guidelines provide that ...

 

DEPARTMENT OF STATE
Division of Elections

RULE NO: RULE TITLE
1B-2.011: Library Grant Programs

NOTICE IS HEREBY GIVEN that on February 6, 2009, the Department of State received the City of Boynton Beach’s Petition for Variance of Section VIII.B. of the Department of State’s Guidelines for the State Aid Program, which are incorporated into paragraph 1B-2.011(2)(a), Florida Administrative Code. These Guidelines provide that grant applicants have 30 days to cure an application deficiency. The City/Petitioner requested a 45-day extension of this deadline so that the City would have time to complete and submit the required, City-wide audit with its grant application. Notice of the petition was published in the March 6, 2009 issue of the Florida Administrative Weekly. On March 31, 2009, the Department of State entered an order granting the rule variance. The general basis for the Department of State’s decision is that even though the City exercised due diligence in completing its grant application, it was unable to submit the required City-wide financial audit. This audit had been delayed due to turnover of all (four) professional positions in the Department of Financial Services, which was the agency in charge of the City-wide audit. Relief was granted because strict application of the rule at issue would have violated principles of fairness: the City would have forfeited $55,791 in grant funds if the Department of State had not granted the extension to cure its application deficiency due to circumstances outside of the control of the City.

A copy of the Order may be obtained by contacting: Charlotte Wheeler, Agency Clerk, Office of the General Counsel, Department of State, 500 South Bronough Street, Tallahassee, FL 32399-0250.