Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management.

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of the Secretary

RULE NO: RULE TITLE
62S-5.001: Definitions
62S-5.002: Application Procedures
62S-5.003: Review and Funding of Grants
PURPOSE AND EFFECT: Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management.
SUMMARY: The proposed rule amendments delete definition of a federal form and requirement to submit federal form with grant application; revise number and type of application copies required; indicate a maximum Indirect Cost rate; clarify where projects may be located; and add that the Department is included in final decision on whether or not to fund a project.
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: 380.22(3) FS.
LAW IMPLEMENTED: 380.22, 380.27 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Goggin: ph. [phone]; fax [phone]; email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62S-5.001 Definitions.

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

(1) through (7) No change.

(8) “306A Checklist” means the “Section 306A Guidance and Checklist” as incorporated in subsection 62S-4.001(12), F.A.C., required for applicants requesting funds for construction projects, invasive species removal, habitat restoration, capital outlay or land acquisition. NOAA requires submission of the information in the checklist prior to release of funds under Section 306A of the Act.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 1-29-09, Amended________.

 

62S-5.002 Application Procedures.

(1) through (4) No change.

(a) All applications shall be submitted on 8 1/2" x 11" white paper. One original Ten signed copies of each application, four paper copies of the application, and one CD-DVD copy of the application must be submitted. No binding (other than paper clips or staples), cover, or folder/notebook shall be used.

(b) through (c)3. No change.

4. Budget. The application must include a budget that:

a. Shows Include a budget showing how funds will be expended and describes describing the source and amount of match funds, if any.

b. Indicates whether additional funds from other sources will be used to complete the proposed project. If total project costs exceed the amount of proposed FCMP funds and match funds, indicate the total project cost.

c. Reflects a maximum of 5% in indirect costs, if the applicant elects to include indirect costs in the project budget.

5. through a. No change.

b. The property on which construction activities will take place is owned or leased by the applicant or the applicant holds a sufficient easement. Projects located on federally-owned lands are not eligible for FCMP funds.

c. No change.

d. For construction projects, invasive species removal, habitat restoration, capital outlay or land acquisition, include a completed 306A checklist and other materials required by the 306A checklist with the application. 306A checklists may be obtained by contacting FCMP staff at the Department of Environmental Protection, M.S. 47, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 1-29-09, Amended________.

 

62S-5.003 Review and Funding of Grants.

(1) No change.

(2) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by the Department and NOAA.

(3) through (6) No change.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 1-29-09, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Goggin
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 12, 2010