This modification is an update to the existing E911 State Grant Program rule and application and includes changes required by 2013 Legislation Action (HB1309). Any Board of County Commissioners in the State of Florida is eligible to apply. The ...

 

DEPARTMENT OF MANAGEMENT SERVICES

E911 Board

RULE NO.:RULE TITLE:

60FF1-5.003E911 State Grant Programs

PURPOSE AND EFFECT: This modification is an update to the existing E911 State Grant Program rule and application and includes changes required by 2013 Legislation Action (HB1309). Any Board of County Commissioners in the State of Florida is eligible to apply. The E911 State Grant Program will help maintain current private-sector employment level and investment for maintaining Florida's E911 system.

SUMMARY: Required update.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 365.172(6)(a)11. FS.

LAW IMPLEMENTED: 365.172(6)(a)3.b, 365.173(2)(i), 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wink Infinger, Statewide 911 Coordinator, Florida Department of Management Services, Division of Telecommunications, 4030 Esplanade Way, Suite 135C, Tallahassee, Florida 32399-0950

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60FF1-5.003 E911 State Grant Programs.

The E911 State Grant program is a grant program provided for the purpose of assisting State of Florida counties, as defined by Section 365.172(6)(a)3.b., F.S., with the installation of Enhanced 911 (E911), Phase II and Next Generation 911 systems.

(1) through (2) No change.

(3) General conditions.

(a) Each county applying for E911 State Grant funds shall complete and submit W Form 3A, “Application for the E911 State Grant Program,” effective 9/1/2013 8/1/2012, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref- 00514 or

State of Florida E911 Board

ATTN: Administrative Staff

4030 Esplanade Way, Suite 135160

Tallahassee, Florida 32399-0950

The applicant must provide one original of the pages for Application Form items 1 through 14 and the associated quotes for the grant application postmarked or delivered on or before the submission date specified in the E911 Board notification of a State E911 Program as published in the Florida Administrative Register November 1 of each year.

(b) through (i) No change.

(j) Grant funding shall be limited (per grant cycle) to eligible expenditures for one two PSAPs per county; either one two primary or one two secondary PSAPs or one primary and one secondary PSAP. Counties with only one consolidated PSAP in the county, with no other primary or secondary PSAPs, may be eligible for grant funding for one backup PSAP.

(k) through (l) No change.

(m) Grant funds shall be provided on a cost reimbursement basis. Grant funds shall be deposited in an interest bearing account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All E911 State Grant funds in the account shall be accounted for separately from other grantee funds. Accounting shall be consistent with GASB 31 financial reporting. 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 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. Good cause documentation shall include a new project timeline schedule. Grant extensions shall be limited to a maximum of one additional year when approved by the E911 Board.

(n) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and status of the grant project. Quarterly reports shall include an updated Application Form item #12 Budget/Expenditure Report and a completed Appendix III Quarterly Report Form. The reports are due 30 days after the end of the reporting period, which ends March 31, June 30, September 30, and December 31. Earned interest shall be reported cumulatively and included with each quarterly report. Updated Grant Budget/Expenditure, Quarterly Report Forms, Request for Change Forms, and Final Report Forms and associated information should be e-mailed to [e-mail]. The quarterly and final reports will be considered late if not received by the E911 Board Staff prior to the next scheduled E911 Board Meeting after the due date. Quarterly reports, change requests and final reports shall be signed by the county 911 coordinator. E-mailed reports from the county 911 coordinator shall be considered as meeting this signature requirement.

(o) No change.

(p) The County’s Board of County Commission Chairperson shall be notified when overdue quarterly reports, or 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.

(q) through (s) No change.

(t) 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 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.

(u) through (v) No change.

(w) Funding application requests must include a scope of work that clearly establishes the tasks to be performed. The applications shall include all tasks that are required for successful completion of the project. The project shall be divided into quantifiable units of deliverables that shall be received and accepted in writing by the county before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable.

(x) Responsibility for grant funding and any failure to perform the minimum level of service required by the grant application and the application scope of work cannot be transferred under any circumstances from the County. Failure to perform the scope of work or expenditure of funds for other than allowable 911 costs as stated in the grant application shall require the county to return the awarded funds to the E911 Board.

(4)(a) The E911 State Grant program will operate on the following schedule:

(b) Schedule:

1. Counties submit applications: by November 1;

2. E911 Board evaluates applications: November – December;

3. E911 Board votes on applications at regularly scheduled meetings November – December;

4. E911 Board sends notification of award and issues checks to counties approved for funding: before January 30;

5. Implementation period: 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)(i), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-27-10, Formerly 60FF-5.003, Amended 8-25-11, 9-2-12,___________.

 

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: August 15, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2013