The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the emergency grants program.

DEPARTMENT OF MANAGEMENT SERVICES
Technology Program

Rule No.: RULE TITLE
60FF-5.005: Emegency Grants
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the emergency grants program.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify the emergency grants program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting John C. Ford, Chair, at the address listed below. The following is a summary of the SERC:
• The number of individuals and entities likely to be required to comply with the rule is 67.
• The costs associated with this rule are minimal and limited to the grant application costs and costs for grant reporting.
• No increased reporting, staffing, legal or fee requirements are anticipated.
• Only counties applying for grants are impacted.
• The proposed change is not expected to impact small business.
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: 365.172(6)(a)11. FS.
LAW IMPLEMENTED: 365.172(6)(a)3.b., 365.172(2)(g), 365.172(i) 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: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 160Q, Tallahassee, Florida 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

60FF-5.005 Emergency Grants.

The E911 Emergency Grant program is a grant program establishing an expedited schedule for approval of grants, provided to assist counties with the emergency restoration of Enhanced 911 throughout the State of Florida resulting from natural and man-made disasters or events.

(1) No change.

(2) General conditions:

(a) Each County applying for Emergency grant funds shall complete and submit W Form 5A, “Application for the E911 Emergency Grant Program,” effective 07/01/2010 7/1/2008, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address:

State of Florida E911 Board

ATTN: Administrative Assistant

4050 Esplanade Way, Building 4030 – Suite 160

Tallahassee, Florida 32399-0950.

The applicant must provide one the original of the pages for Application Form items 1 through 9 and the associated quotes for the grant application.

(b) through (c) No change.

(d) Grant applications totaling $25,000.00 or more must be accompanied by at least three written substantiated competitive quotes from different vendors. The E911 Board will compare the three quotes to any existing state contract in order to determine appropriate funding. Any county that has made a good faith effort to obtain three competitive quotes and has not been able to obtain the quotes can request E911 Board review based on substantiated proof of request for quotes or posting of the request with documentation of the limited responses. Sole source funding will be approved on a case-by-case basis. Justification and documentation for sole source funding shall should be provided with the this application. Sole source funding will be approved if provided in accordance with Chapter 287, F.S., or with provision of a letter from the county’s purchasing department that the project is a sole source procurement based on the county’s purchasing requirements, which should be provided with this the application.

(e) Priorities for awarding of grants will be determined by the E911 Board. Grant priorities may be adjusted by the Board and published with the grant application package three (3) months prior to the application submission date. The grant priority list is available as an addendum with the grant application at the start of each grant cycle at the address shown in paragraph (2)(a) above.

(f) The E911 Board may approve funding salary requests on an annual basis.

(f)(g) No change.

(g)(h) No change.

(h)(i) Grant funds shall be deposited in a bank account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All E911 Emergency Grant funds in the account shall be accounted for separately from other grantee funds. Utilization of the earned interest funds shall be authorized through an approved Request for Change Form and expenditure documentation shall be included in the final report. Grant funds including accrued interest may be used only between the beginning and ending dates of the grant, unless an extension is requested and authorized by the E911 Board. Extension of time will not be granted unless the county has executed a submits an executed contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twelve months of award during the grant period. Grant extensions shall be limited to a maximum of one additional year when approved by the Board.

(i)(j) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and activities of the grant funds. The reports are due 30 days after the end of the reporting period, which ends March 31 and June 30 September 30, December 31, March 31, and June 30. In lieu of submitting a signed quarterly Grant Budget/Expenditure Report form, the updated form can be e-mailed to the Board’s administrative/technical staff. The quarterly and final reports will be considered late if not received by the Board Staff prior to the next scheduled Board Meeting after the due date.

(j)(k) No change.

(k) The County’s Board of County Chairperson shall be notified when overdue quarterly reports, final document and final reports are not received before the next E911 Board meeting following the month after the end of the quarter in which they are due.

(l) Funding continuance will be based on timely submission of quarterly reports. Grant funds are not transferable to any other entity. If equipment purchased using grant funds is sold or transferred within three (3) years of the end of the grant period, the grantee county must return the grant funds to the E911 Board on a pro-rata basis.

(m) Grant awards will be withheld for any county that has a grant with a past-due quarterly report or past-due final documentation and closeout, of previous E911 Board grant awards. The E911 Board will adjust the amount awarded to a county based upon the availability of funds, eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State E911 plan, or documented factors provided in the grant application submission.

(n) 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 on a pro rata basis.

(o) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The E911 Board will adjust the amount awarded to a county based upon the availability of funds, eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State E911 plan, or documented factors provided in the grant application submission.

(3)(a) E911 Emergency Grant Program Schedule – Following the natural and man-made disasters or events and submission of the grant application, the E911 Board will hold an emergency meeting in accordance with Uniform Rule 28-102.003, F.A.C., for the purpose of acting upon emergency matters affecting the public health, safety or welfare.

(b) Schedule:

	Schedule
1. Counties submit aApplications: Event	Event
2. E911 Board Members evaluate applications: Within 5 days	Within 5 days
3. Board votes on applications to fund at regularly scheduled meeting: within 5 days	Within 5 days
4. Board sends notification of award and issuance of funding and issues checks to counties approved for funding: Within 10 days	Within 10 days
5. Implementation period: One year from receipt of award and funds	One year from receipt of award and funds.
6. Expiration of the right to incur costs: Two years from receipt of award and funds

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(g), 365.173(2)(i) FS. History–New 10-19-09, Amended__________.

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: July 13, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010