The purpose of this rule amendment is to establish in rule the most recent incorporated documents for the Historic Preservation Grants In Aid Program, including the Small Matching Grant Program and the Special Category Grant Program.

 

DEPARTMENT OF STATE

Division of Historical Resources

RULE NO.:RULE TITLE:

1A-39.001Division of Historical Resources Grant Programs & Requirements

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish in rule the most recent incorporated documents for the Historic Preservation Grants In Aid Program, including the Small Matching Grant Program and the Special Category Grant Program.

SUMMARY: The amendments will establish in rule the most recent incorporated documents for the Historic Preservation Grants In Aid Program, including the Small Matching Grant Program and the Special Category Grant Program.

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: The amendments of this chapter will not have a direct or indirect adverse financial impact on small businesses.

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: 267.031(1); 267.0617(5) FS.

LAW IMPLEMENTED: 267.0617 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: July 23, 2015, 10:00 a.m. – 11:00 a.m.

PLACE: R.A. Gray Building, 500 South Bronough Street, Room 307, Tallahassee, FL 32399

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 3 days before the workshop/meeting by contacting: Brandy Hedges, Department of State, [phone], [e-mail]. 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: Lydia Strom, Florida Department of State, 500 South Bronough Street, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

1A-39.001 Division of Historical Resources Grant Programs & Requirements.

(1) The purpose of this chapter is to establish administrative procedures for all Division of Historical Resources Historic Preservation Grants-in-Aid programs. Each program is governed by guidelines that contain eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, and application forms. All grant awards are subject to the approval of the Secretary of State and subject to availability of funds appropriated by the Legislature.

(2) At least 80% of each donation made pursuant to Section 550.0351(2), F.S., if any, shall be available for allocation to eligible projects within a 50-mile radius of the racetrack or fronton which held the Charity Day from which the donation is derived. The remaining 20% of each donation may be used for eligible projects in other areas of the state.

(3) All grant applicants must meet the requirements set forth in the Historic Preservation Grants-in-Aid Guidelines for Small Matching Grants and Special Category Grants, which are available from the Division of Historical Resources (Division), http://www.flrules.org/Gateway/reference.asp?No=Ref-05303 and http://www.flrules.org/Gateway/reference.asp?No=Ref-05304, effective 4/2015, and are hereby incorporated by reference.

(a) Small Matching Grant Program. The purpose of this program is to provide funding to assist local, regional and state-wide efforts to preserve significant historic structures and archaeological sites, and promote knowledge and appreciation of the history of Florida. This program does not fund operational support for historic preservation organizations.

(b) Special Category Grant Program. The purpose of this program is to provide funding to assist major local, regional and state-wide efforts to preserve significant historic structures and archaeological sites, to assist major archaeological excavations, and assist in the development and fabrication of major museum exhibits that will promote knowledge and appreciation of the history of Florida.

(4) The following application forms are available from the Division at http://www.dos.myflorida.com/historical/grants and are hereby incorporated by reference:

(a)Small Matching Grant Program Application (Form DHR001), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05294.

(b) Special Category Grant Program Application (Form DHR002), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05295.

(5) The following forms are used in the administration of all Historic Preservation Grants-in-Aid and are hereby incorporated by reference and available at http://www.dos.myflorida.com/historical/grants:

(a) Progress Report Form (Form DHR003), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05296.

(b) Grant Funds Expenditure Log (Form DHR004), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05297.

(c) Contract Amendment Request Form (Form DHR005), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05298.

(d) Contract Details Form (Form DHR006), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05299.

(e) Preservation Agreement (Form DHR007), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05300.

(f) Restrictive Covenant (Form DHR008), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05301.

(g) Grant Award Agreement (Form GAA001), effective 4/2015, http://www.flrules.org/Gateway/reference.asp?No=Ref-05302.

(6) Federal Funding. Federal funds for historic preservation grants-in-aid may be apportioned to the State of Florida by the U.S. Department of the Interior, pursuant to the National Historic Preservation Act. The use of such federal funds for Small Matching Grants is subject to the policies, procedures, and guidelines set forth by that agency in the July 2007 edition of the Historic Preservation Fund Grants Manual, herein incorporated by reference, and to any special conditions required by the U.S. Department of the Interior in apportioning monies to the State of Florida from which such projects will be funded. The federal Historic Preservation Fund Grants Manual is available online at http://www.nps.gov/preservation-grants/HPF_Manual.pdf.

(7) Additional Requirements. The following additional requirements apply to the Division’s historic preservation grants-in-aid programs:

(a) All evaluations of the historic significance of historical and archaeological sites and properties shall be evaluated on the basis of the Criteria for Evaluation for the National Register of Historic Places as set forth in 36 CFR 60.4, http://www.nps.gov/nr/regulations.htm#604, herein incorporated by reference; and

(b) Historic properties receiving historic preservation grants-in-aid assistance from the Division will be maintained consistent with the Secretary of the Interior’s Standards for Rehabilitation, http://www.gpo.gov/fdsys/granule/CFR-2012-title36-vol1/CFR-2012-title36-vol1-part67, herein incorporated by reference, in accordance with the terms of either a Preservation Agreement or Restrictive Covenant.

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Amended 4-21-15, x-xx-15.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lydia Strom, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth W. Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2015