Definitions, Base Grant Eligibility, Reallocation of Base Grant Funds, Disbursement, Match Requirements
EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency ManagementRULE NO.: RULE TITLE:
27P-19.002: Definitions
27P-19.004: Base Grant Eligibility
27P-19.006: Reallocation of Base Grant Funds
27P-19.010: Disbursement
27P-19.011: Match RequirementsNOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 38, No. 35, August 31, 2012 issue of the Florida Administrative Weekly.
PURPOSE AND EFFECT: The purpose of these amendments is to align the base grant eligibility requirement with the statutory language and increase the amount of time counties have to submit requests for a match.
SUBJECT AREA TO BE ADDRESSED: Base Grant Eligibility.
RULEMAKING AUTHORITY: 252.35, 252.373 FS.
LAW IMPLEMENTED: 216.052, 252.373, 252.35, 252.38 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 1, 2012, 2:30 p.m. – 4:30 p.m.
PLACE: Division of Emergency Management, 2555 Shumard Oak Boulevard, Room 100E, Tallahassee, Florida 32399. Conference Call: 1(888)670-3525, Conference Code: 5872188816
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 7 days before the workshop/meeting by contacting: Mindy Dowling at (850)410-1268
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Mindy Dowling, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone: (850)410-1268, email: mindy.dowling@em.myflorida.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
27P-19.002 Definitions.
(1) through (4) No change.
(5) “Full-time Director” means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction Board of County Commissioners.
(6) through (28) No change.
Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-10-97, 10-11-98, 10-11-00, 10-22-02, 1-3-06, Formerly 9G-19.002, Amended________.
27P-19.004 Base Grant Eligibility.
(1) No change.
(2) Counties with population of in excess of 75,000 or more shall have a Full-time Director in order to qualify for an allocation.
(3) Counties with a population less than 75,000, or which are parties to an inter-jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), Florida Statutes, shall have an emergency management coordinator who works at least 20 hours a week in that capacity or a Full-time Director in order to qualify for an allocation.
(4) County Emergency Management Agencies not in compliance with the terms of a prior award shall not be eligible for additional awards.
Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 10-11-00, Formerly 9G-19.004, Amended________.
27P-19.006 Reallocation of Base Grant Funds.
Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, 11-10-97, Formerly 9G-19.006, Repealed________.
27P-19.010 Disbursement.
(1) The amount of funds estimated as available for Base Grant and Competitive Award allocations shall be noticed prior to each grant cycle.
(2) Base Grant Awards provided under this rule shall be offered to the governing body of the jurisdiction Board of County Commissioners. Competitive Awards shall be offered to and accepted by the chief executive officer, or by the appropriate governing body, if a local government.
(3) No change.
(4) Each Recipient may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said reports shall be provided using the forms included in the grant agreement, as supplemented by any particular information requested in writing by the Division prior to the due date of the report. The term of a competitive grant shall be as set forth in the grant agreement, subject to any limitations imposed by the applicable legislative appropriation. Any extensions shall be governed by Section 287.057(12)(11), Florida Statutes.
(5) No change.
(6) Upon written request and accompanying documentation detailing exceptional circumstances justifying the need, not later than July 31 of each year, Base Grant Recipients receiving trust funds may carry forward up to twenty-five (25) percent of a single year grant award to the next fiscal year.
(6)(7) Recipients shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. For purposes of the competitive grant programs only, the Recipient shall identify the applicable procurement rules, regulations and standards to be used in the first progress report to the Division following the notice of award.
(7)(8) The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received.
(8)(9) The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday.
(9)(10) The Division shall prescribe the type of information, timing and format in which project information shall be reported in the grant agreement. In the event that the Division determines that additional reports are necessary in order to demonstrate compliance with this rule chapter or the terms of the grant agreement, then the grant recipient shall supply said reports. Failure to meet the requirements related to reporting shall constitute noncompliance.
(10)(11) Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars, or, in the event no circular applies, by 48 C.F.R. part 31 CONTRACT COST PRINCIPLES AND PROCEDURES.
Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 216.052, 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-27-03, 1-3-06, Formerly 9G-19.010, Amended________.
27P-19.011 Match Requirements.
(1) No change.
(2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services, and shall not be reduced below twenty-five (25) percent of the Base Grant award. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county’s chief elected officer and the certification of reduction in county budget funding shall be signed by the county’s chief financial officer. Requests shall certify the intent to return to pre-reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction prior to the beginning of the county fiscal year, or the opportunity to request shall be waived.
(3) No change.
Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, Formerly 9G-19.011, Amended________.
