The Board proposes the rule amendment to update the language and incorporated application form.

 

DEPARTMENT OF MANAGEMENT SERVICES

E911 Board

RULE NO.:RULE TITLE:

60FF1-5.003E911 State Grant Programs

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the language and incorporated application form.

SUMMARY: To update the language and application form.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 365.172(6)(a)11, FS.

LAW IMPLEMENTED: 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) 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: Matthew Matney, Chairman, E911 Board, 4030 Esplanade Way, Suite 135F, Tallahassee, Florida 32399-0950.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60FF1-5.003 E911 State Grant Programs.

The E911 State Grant program assists Florida counties with the installation of Enhanced 911 (E911), Phase II and Next Generation 911 systems.

(1) No change.

(2) Definitions.

(a) “Enhanced 911” (E911): means an enhanced 911 system or enhanced 911 service that is an emergency telephone system or service that provides a subscriber with 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on geographical location from which the call originated, or as otherwise provided in the state plan under s. 365.71, and that provides for automatic number identification and automatic location-identification features. As defined by Section 365.172(3)(h), F.S., and as referenced in the State E911 Plan under Section 365.171, F.S.

(b) through (d) No change.

(e) “Public Safety Answering Point” (PSAP): means the public safety agency that receives incoming 911 requests for assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the state E911 plan.  As defined by Section 365.172(3)(a), F.S., and as referenced in the State E911 Plan under Section 365.171, F.S.

(f) No change.

(3) General conditions.

(a) Each county applying for E911 State Grant funds shall complete and submit W Form 3A, “Application for the E911 State Grant Program,” revised 02/2019 1/2018, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address:

http://www.flrules.org/Gateway/reference.asp?No=Ref-              08936, or

State of Florida E911 Board

ATTN: Administrative Staff

4030 Esplanade Way, Suite 1351

Tallahassee, Florida 32399-0950

The applicant must provide the completed, signed Application Form, and the associated quotes., and the E911 Board Form 6A, “County E911 Fiscal Information,” incorporated in E911 Board Rule 60FF1-5.006, F.A.C. The grant application must be postmarked or delivered by hand or email to: [e-mail] on or before the submission date specified in the E911 Board notification of a State E911 Program as published in the Florida Administrative Register.

(b) through (f) No change.

(g) Should two or more counties jointly apply for a grant, the lead county will be required to complete and submit a grant application detailing the funds requested.  The lead county is responsible for the funds.  In addition, one combined grant application detailing the entire project and memorandum of understanding (MOU) or inter-local agreement of all counties involved shall be submitted.  The combined grant application shall comply with General Conditions items 5.5 and 5.6.  The lead county shall be responsible for payment of the vendors’ invoices and will submit the request for reimbursement to the Board. Two or more counties may apply for a joint grant, but each county must complete and submit W Form 3A as requested and indicated.

(h) through (j) No change.

(k) All E911 State Grant funds shall be accounted for separately from other grantee funds. Grant funds may be used only between the beginning and ending dates of the grant, unless an extension is authorized by the E911 Board. Extension of time will not be granted unless the county has executed a contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twenty-four twelve months of award. Good cause documentation shall include a new project timeline schedule. Grant extensions shall be limited to a maximum of one additional year when approved by the E911 Board.

(l) Upon written request and accompanying documentation justifying the need, a county may receive a progress disbursement with a completed Financial Reimbursement of Expenditures Reporting Form, with the vendor invoice, and county certification that the specific grant items including all tasks and deliverables included in the funding request are complete. Within 45 days of receipt of funding, the grantee shall submit verification of vendor payment.

(m) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and status of the grant project. Quarterly reports shall include an updated Application Form #12, Budget/Quarterly Expenditure Report (item #12) and a completed Appendix III Quarterly Report Form. The reports are due 30 days after the end of the reporting period, which ends March 31, June 30, September 30, and December 31. Updated Grant Budget/Expenditure Forms, Quarterly Report Forms, Request for Change Forms, and Final Budget/Expenditure Report Forms and associated information should be emailed to [e-mail]. The Quarterly and Final Budget/Expenditure Reports will be considered late if not received by the E911 Board Staff prior to the next scheduled E911 Board Meeting after the due date. Quarterly Reports, and Change Requests shall be signed by the county 911 coordinator. Emailed reports from the county 911 coordinator shall be considered as meeting this signature requirement.

(n) At project completion, Aa final report, Form #12, shall be submitted within 90 days of project completion. based on the same reporting periods described in subsection (3). The County shall determine the project’s completion date to be either the final payment date or the initiation date of the warranty period. Final supporting documentation including copies of all expenditures and corresponding invoices shall be submitted within 90 days of the Financial Reimbursement Expenditures Reporting Form.

(o) through (q) No change.

(r) Property or Equipment obtained by a grant must be used consistent with the grant award. Responsibility for property and equipment obtained under a grant cannot be transferred under any circumstances. If a sale or transfer of such property or equipment occurs within five years after a grant ends, funds must be returned to the E911 Board on a pro rata basis, unless the property or equipment has become obsolete.

(s) through (u) No change.

(v) Responsibility for grant funding and any failure to perform the minimum level of service required by the grant application and the application scope of work cannot be transferred under any circumstances from the County. Failure to perform the scope of work or expenditure of funds for other than allowable 911 costs as stated in the grant application shall require the county to return the awarded funds to the E911 Board.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-27-10, Formerly 60FF-5.003, Amended 8-25-11, 9-2-12, 10-22-13, 8-31-14, 9-23-15, 5-31-16, 1-10-18,            . 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: E911 Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: E911 Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 07, 2018