The purpose of this proposed rule amendment is to update outdated language related to grant funding allocation for counties. This rule establishes a minimum allocation of Emergency Management Performance Grant (EMPG) federal ....

 

EXECUTIVE OFFICE OF THE GOVERNOR

Division of Emergency Management

RULE NO.:RULE TITLE:

27P-11.0061Funding

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to update outdated language related to grant funding allocation for counties. This rule establishes a minimum allocation of Emergency Management Performance Grant (EMPG) federal funding for eligible counties and clarifies the formula to establish base grant allocation, factors for additional funds, and match requirements.

SUMMARY: The rule has been updated with consideration of stakeholder input through a Workshop to clarify minimum federal grant funding for eligible counties and to clarify the formula for calculating base grant allocations, provision of additional funds based upon population, and penalties for forfeiting allocated funds. The rule also updates eligible expense categories to fit current best practices.

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 Division used an itemized checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory cost associated with this rule that exceeds the criteria.

Upon review of the proposed changes to the rule, the Division has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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)(y), 252.373(2), F.S.

LAW IMPLEMENTED: 252.373, F.S.

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: Cassie Sykes, 850-815-4178, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

27P-11.0061 Funding.

(1) Eligible County Emergency Management Agencies in the state shall be collectively allocated 40% of total annual Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funding provided to the Division of Emergency Management each year. based on the following factors: an amount initially allocated to the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the Division of Emergency Management (Division), a base amount distributed equally to each county and an amount commensurate with each county's proportionate share of the state's total population based on the most recent official population estimates. This funding shall be distributed to the counties in the following manner: each County shall receive a base amount of fifty percent of the overall allocation, equally distributed to each county. The remaining funds shall be distributed in an amount commensurate with each county’s proportionate share of the state’s total population, based on the most recent official University of Florida Bureau of Economic and Business Research’s population estimates; unless reduced as outlined in subsection 27P-11.0061(4). These amounts shall be increased or decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division and the Division's distribution of funds to local governments. After providing for the initial allocation and the base amount allocation as described above, each county's increase or decrease shall be commensurate with its proportionate share of the state's total population based on the most recent official population estimates.

(2) Federal funds shall be used by the county for planning, organization, equipment, training, exercise. and management and administration personnel, travel, and operational expenses. Each county must be able to provide a non-federal cost share for federal funds on a dollar for dollar basis.

(3) Federal funds received pursuant to 27P-11.0061(1) shall be provided to the counties through an agreement with a 1-year performance period, unless extended due to extenuating circumstances, consistent with the counties fiscal year. Any unspent funds, at the end of the performance period shall be forfeited by the county and reallocated pursuant to subsection 27P-11.0061(5).

(4) Should a county forfeit funds as described in subsection 27P-11.0061(3) in an amount greater than $1,000, the following year’s allocation shall be reduced by an amount equal to 50% of the forfeited funds. However, this reduction shall not reduce their allocation below the base amount described in subsection 27P-11.0061(1).

(5) The end of the performance period outlined in subsection 27P-11.0061(3), any forfeited funds or funds made available by the reduction outlined in subsection 27P-11.0061(4) shall be distributed in an open and equitable manner, to those County Emergency Management Agencies that have projects able to be completed within a six-month performance period.

Rulemaking Authority 252.35(2)(yx), 252.373(2) FS. Law Implemented 252.373 FS. History–New 10-1-84, Formerly 9G-11.061, Amended 9-18-96, Formerly 9G-11.0061, Amended 7-18-13,        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Stachowicz

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kevin Guthrie

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 06, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/5/2023