The Board proposes the rule amendment to delete unnecessary language and add new language to clarify procedures for rural county grants and to update W Form 1A, E911 Rural County Grant Program Application.

DEPARTMENT OF MANAGEMENT SERVICES
Technology Program

Rule No.: RULE TITLE
60FF-5.002: Rural County Grants
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and add new language to clarify procedures for rural county grants and to update W Form 1A, E911 Rural County Grant Program Application.
SUMMARY: The rule amendment will delete unnecessary language and add new language to clarify procedures for rural county grants and to update W Form 1A, E911 Rural County Grant Program Application.
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 30.
• No cost to the department in implementing the proposed rule.
• No increased reporting, staffing, legal or fee requirements are anticipated.
• 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: 365.173(2)(g), 365.172(9)(a), (b), (c) 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-5.002 Rural County Grants.

The E911 Rural County Grant program is a semi-annual grant program provided for the purpose of assisting rural counties, as defined by Section 365.172(3)(y), F.S., with the installation and maintenance of an Enhanced 911 (E911) system.

(1) No change.

(2) General conditions.

(a) Each rural county applying for rural county grant funds shall complete and submit W Form 1A, “Application for the E911 Rural County Grant Program,” effective 7/1/2010 12/1/2009, 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 10 and the associated quotes for the grant application and seven copies postmarked or delivered to the Board’s Office on or before March 1 or October 1 of each year, dependent on the fall or spring application period.

(b) through (c) No change.

(d) Grant applications totaling $25,000. 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.

(e) Sole source funding will be considered on a case-by-case basis. Justification 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. The letter should be provided with this application.

(f) No change.

(g) Equipment maintenance and warranty costs will not be funded on more than an annual basis. The E911 Board may approve funding salary requests on an annual basis.

(h) through (i) No change.

(j) 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 Rural County 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 contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twelve months of award. Grant extensions shall be limited to a maximum of one additional year when approved by the Board.

(k) 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, 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.

(l) through (n) No change.

(o) 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, failure to submit final documentation and closeout of previous rural county grants.

(p) 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. 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.

(q) 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 funds awarded to a rural county based upon 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. The E911 Board will adjust the funds awarded to a rural county based upon 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) The Rural County Grant program will operate on the following two schedules:

(a) Spring Schedule:

1. through 4. No change.

5. Implementation period: one year form receipt of award of funds;

6. Expiration of the right to incur costs: Two years from receipt and award of funds.

(b) Fall Schedule:

1. through 4. No change.

5. Implementation period: One year from receipt of award and fund;

6. Expiration of the right to incur costs; Two years from receipt of award and funds.

(4) After the grants have been awarded, the E911 Board may adjust the funds awarded to a rural county, due to the changes in E911 technology, at any time within the grant period. Adjustments may be requested with an authorized Change Request Form and appropriate cost estimates from the county. Changes shall be based on a notice of subsequent extensive changes in technology that were not available at the date of grant submission. Increased system costs shall be considered based on eligible requested items that clearly demonstrate increased effectiveness of grant funds and the proposed E911 system’s capabilities due to the changes in E911 technology.

Rulemaking Authority 365.172(6)(a)11. FS. Law Implemented 365.173(2)(g), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-19-09, 4-15-10,_________.

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: May 7, 2010