The purpose of these amendments is to align the base grant eligibility requirement with the statutory language and increase the amount of time counties have to submit requests for a match.

 

EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency Management

RULE NOS.:RULE TITLES:
27P-19.002Definitions
27P-19.003Limitations
27P-19.004Base Grant Eligibility
27P-19.005Base Grant Distribution Formula
27P-19.006Reallocation of Base Grant Funds
PURPOSE AND EFFECT: The purpose of these amendments is to align the base grant eligibility requirement with the statutory language and increase the amount of time counties have to submit requests for a match.
SUMMARY: The changes outlined in the proposed Rule is necessary to align with statutory language and remove language that counties would not be eligible for additional awards if not in compliance with the prior awards. The change from “Board of County Commissioners” to “governing body of the jurisdiction” allows for different authority structures within Florida county governments and removes language regarding the carry forward of 25% of the award to the next fiscal year. The change to submit the request for match reduction will ensure that counties have an approved budget prior to making the request.
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.
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: 252.35(2)(x), 252.373 FS.
LAW IMPLEMENTED: 216.052, 252.35, 252.373, 252.38 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: Jennifer Baker, Division of Emergency Management, 2555 Shumard Oak Boulevard, Rm 355D, Tallahassee, Florida 32399, email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

27P-19.002 Definitions.

(1) No change.

(2) No change.

(3) No change.

(4) No change.

(5) “Full-time Director” means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction Board of County Commissioners.

(6) through (28) No change.

Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-10-97, 10-11-98, 10-11-00, 10-22-02, 1-3-06, Formerly 9G-19.002, Amended_________.

 

27P-19.004 Base Grant Eligibility.

(1) No change.

(2) Counties with population of in excess of 75,000 or more shall have a Full-time Director in order to qualify for an allocation.

(3) Counties with a population less than 75,000, or which are parties to an inter-jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), Florida Statutes, shall have an emergency management coordinator who works at least 20 hours a week in that capacity or a Full-time Director in order to qualify for an allocation.

(4) County Emergency Management Agencies not in compliance with the terms of a prior award shall not be eligible for additional awards.

Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 10-11-00, Formerly 9G-19.004, Amended__________.

 

27P-19.006 Reallocation of Base Grant Funds.

(1) Those funds available in subsection 27P-19.005(2), F.A.C., not allocated under subsections 27P-19.005(4) and (5), F.A.C., shall be identified by the Division prior to October January 1 of each year for reallocation to County Emergency Management Agencies.

(2) 25 percent of those funds identified in subsection 27P-19.006(1), F.A.C., shall be divided equally among counties participating in the Statewide Mutual Aid Agreement as of January 1 of each year. Such Mutual Aid Agreements shall be submitted to and approved by the Division.

(3) 75 percent of those funds identified in subsection 27P-19.006(1), F.A.C., shall be divided proportionally among participating County Emergency Management Agencies based upon county population.

(4) Should any Base Grant funds which were originally allocated under subsections 27P-19.005(4) and (5), F.A.C., remain unspent after the annual closeout of each Base Grant award, they may be redistributed to the counties which spent all of that year’s award plus carried forward amounts, if any, from the previous year’s award. For purposes of this rule, any county which reverts $250.00 or less will be considered to have spent all of its award. Also, for purposes of this rule, amounts approved by the Division for carry forward from the award year being redistributed, into the next award year, will be considered to have been spent. The funds identified for this redistribution will be reallocated by the Division in accordance with subsections (2) and (3) of this rule; 25% based on mutual aid participation and 75% based on population. Redistributed funds will be made available to eligible counties as soon as possible after Division closeout activities have been completed. The minimum total reversion amount set as a threshold to initiate this redistribution process is an amount equal to one (1) percent of the total initial allocation for the year being redistributed.

Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, 11-10-97, Formerly 9G-19.006, Amended _________.

27P-19.010 Disbursement.

(1) through (5) No change.

(6) Upon written request and accompanying documentation detailing exceptional circumstances justifying the need, not later than March July 31 of each year, Base Grant Recipients receiving trust funds may carry forward up to twenty-five (25) percent of a single year grant award to the next fiscal year. For purposes of this rule, amounts approved by the Division for carry forward from the award year into the next award year, will be considered to have been spent. Base Grant Recipients shall establish a separate account code in an interest bearing account for approved carry forward funds and must annually report the use of the funds and fund balances to the Division with the recipients annual Base Grant close out report until the funds are fully expended.

Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 216.052, 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-27-03, 1-3-06, Formerly 9G-19.010, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cherie Milligan
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Bryan W. Koon, Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2012