Provide purpose, general provisions, definitions, and other requirements for funding under the Crime Stoppers Trust Fund.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NOS.:RULE TITLES:

2A-9.001Purpose

2A-9.002General Provisions

2A-9.003Definitions

2A-9.004Grant Eligibility

2A-9.005Application Procedures

2A-9.006Funding Requirements

2A-9.007Unused Funds

PURPOSE AND EFFECT: Provide purpose, general provisions, definitions, and other requirements for funding under the Crime Stoppers Trust Fund.

SUMMARY: This rule provides clarification of the definitions, documentation requirements, and procedures for obtaining grants through the Crime Stoppers Trust Fund.

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 the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Sections 120.541(2)(a)1., 2., and 3., 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: 16.555(6) FS.

LAW IMPLEMENTED: 16.555, 16.556, 938.06 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: Rick Nuss, Chief, Bureau of Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, FL 32399-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2A-9.001 Purpose.

This rule chapter provides requirements and procedures for the award and administration of the Crime Stoppers Trust Fund established as defined in Section 16.555, F.S. A Crime Stoppers organization creates a unique partnership between the community, law enforcement and the media based on the premise that someone other than the offender has information that can solve a crime. This partnership increases the probability that a featured offender will be identified and apprehended by offering financial rewards to the public at large for information leading to the arrest of the offender or the recovery of stolen property or drugs, while maintaining the anonymity of the caller.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ____________.

 

2A-9.002 Definitions.

“Authorizing officials” means the person(s) who has the authority or is empowered by a crime stoppers organization or a unit of local government to enter into a legally binding contract to facilitate a grant in aid from the Crime Stoppers Trust Fund to the eligible entity receiving a grant from the Trust Fund.

(1) “Financial consequences” are as described pursuant to Section 215.971, F.S.

(2) “Florida Association of Crime Stoppers” means the statewide governing body for all crime stoppers programs that receive funding from the Trust Fund.

(3) “Grant period” means the time during which grants shall commence and end during the 12-month period beginning July 1 of one calendar year and ending June 30 of the following calendar year.

(4) “Official member” means each crime stoppers organization who is a member in good standing with the Florida Association of Crime Stoppers for the grant period, is registered as a state of Florida non-profit organization, and is recognized by the Internal Revenue Service as being tax exempt under 501(c)(3) of the Internal Revenue Code.

(5) “Performance review” means a review of a grant recipient's records to monitor compliance with the terms and conditions of the grant agreement.

(6) “Surcharge collection” means deposits which are made into each county's separate account in the “Crime Stoppers Trust Fund” by the clerks of the courts during the 12-month period between April 1 of any calendar year and ending March 31 of the following calendar year, pursuant to Section 938.06, F.S.

(7) “Unused funds” pursuant to Section 16.555(6)(c), F.S., means the total of all unencumbered monies remaining or in the “Crime Stoppers Trust Fund” on the last day of the fiscal year, except for monies collected as a result of financial consequences.

(8) “Promotional materials” means approved items of tangible personal property that are given away or otherwise distributed to promote a particular Crime Stoppers program, as approved by the Department of Financial Services.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ___________.

 

2A-9.003 Grant Eligibility.

(1) Grants will only be awarded to official members, who have been provided a letter of agreement, or similar document, from the Board of County Commissioners for the county for which the grant is requested, unless the county has separately applied for the grant.

(a) The Florida Association of Crime Stoppers must submit to the Department by May 1 of each year a list of the Crime Stoppers organizations which are in good standing.

(b) The Florida Association of Crime Stoppers shall provide to the Department in writing within 10 days the name of any organization which is no longer in good standing.

(c) The crime stoppers organization shall inform the Department within 10 days should it lose its standing as a Florida non-profit organization or is no longer recognized by the Internal Revenue Service as being a tax exempt organization under 501(c)(3) of the Internal Revenue Code.

(d) Crime stoppers organizations that have had the letter of agreement, or similar document, revoked by their Board of County Commissioners shall immediately inform the Department of same.

(e) If a crime stoppers organization is determined by the Department to no longer be an official member, then the Department shall notify the crime stoppers organization within 5 working days by certified mail that reimbursements will not be processed for payment until the Department has been notified that the crime stoppers organization is in good standing with the Florida Association of Crime Stoppers, has had their letter of agreement, or similar document reinstated by the Board of County Commissioners, has regained its standing as a Florida non-profit organization, and is recognized by the Internal Revenue Service as being a tax exempt organization under 501(c)(3) of the Internal Revenue Code, as applicable.

(f) Expenditures incurred during the time period in which the crime stoppers organization is not determined to be an official member or are acting without the specific authorization of their Board of County Commissioners shall be deemed ineligible for reimbursement.

(2) Crime stoppers organizations applying for grant funding, as a part of their application, must submit a letter of agreement, or similar, from the county which gives the crime stoppers organization the authority as its “agent” for the purpose of applying for, receiving, and expending Crime Stoppers Trust Funds. The letter of agreement will remain in effect for up to three years unless a lesser time period is noted or the county rescinds the most recent letter.

(3) If the county elects to apply for grant funding instead of granting authority to the crime stoppers organization, then the following shall apply:

(a) The county must be served by an official member.

(b) The county must submit a letter with their application that states that the grant funding will only be used to support crime stoppers crime fighting programs.

(4) Only one crime stoppers entity is eligible per county to receive funding from the Crime Stoppers Trust Fund.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ___________.

 

2A-9.004 Grant Application.

(1) Grants will be awarded by the Department on an annual basis subject to the availability of funds and shall be distributed pursuant to Section 16.555 (5)(b), F.S.

(2) The Department will provide notice of the dates during which grant applications will be accepted.

(3) The amount of funding available for a crime stoppers organization or a county will be determined by the Department based upon all monies deposited pursuant to Section 938.06, F.S., available unused funds, and monies collected pursuant to financial consequences.

(4) Application forms and instructions are available by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, by telephoning (850) 414¬3360 or located at www.fcpti.com.

(5) Applications must be received in the Office of the Attorney General no later than the close of business on the date determined by the Department. The application must include the following information and documentation, in the following order:

(a) Original, fully completed and signed Crime Stoppers Trust Fund (CSTF) Grant Application, which can be located at www.fcpti.com, which requires the following information be provided:

1. Name of Agency or Organization and contact information including name, mailing address, phone number, and email address, if any;

2. Federal Identification Number;

3. County or counties served;

4. Total budget request;

5. Name and contact information for program director, authorizing official, financial officer, and members of the board of directors;

6. Mission Statement;

7. Agencies with which the organization will coordinate its services;

8. Demographics of area served including population, crime rate per county served, total media outlets, law enforcement agencies, number and types of schools and public transportation entities; and

9. Detailed explanation of line item budget requests with narratives describing how the requests are reasonable, allowable, and necessary.

(b) Letter of Agreement(s), or similar document, from the county board of county commissioners they serve authorizing the organization to apply, receive and expend grant funds. The letter of agreement will remain in effect for up to three years unless a lesser time period is noted or the county rescinds the most recent letter.

(c) Documentation that the organization is an official member of the Florida Association of Crime Stoppers, Inc., in good standing, unless the information is submitted by the association.

(d) If county is the applicant, a letter from the Crime Stoppers organization serving the county, which must be renewed and resubmitted every three years.

(e) Job descriptions and minimum qualifications for all proposed CSTF-funded personnel or contract labor.

(f) Copies of any office or other types of leases.

(g) Bid specifications, Bid Tab forms, and Board Minutes indicating approval for any expenses in excess of $1,000 that have been completed applicable to the current grant year application.

(6) Applications will be reviewed by the staff of the Department to determine if the conditions prescribed in the application have been satisfied and are in compliance with Section 216.3475, F.S.

(7) Applicants will be notified of Department action.

(8) Grants will be awarded annually by the Department, who may approve any portion of a grant budget up to the total amount requested. Approval of a grant application is subject to:

(a) Availability of funds;

(b) An applicant’s performance and compliance with the terms and conditions of a current or prior year grant agreement;

(c) A completed cost/price analysis which is based upon the line item being reasonable, allowable, and necessary; and =

(d) A limit of one grant award for each county within a judicial circuit per year that meets the requirements of the grant evaluation procedure.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ___________.

 

2A-9.005 Funding Requirements.

(1) A minimum of 50 percent of the total grant funds must be designated to the budget category of Rewards and Public Education.

(a) Budget line items associated with rewards shall include, but are not limited to, rewards to tipsters, costs of tip lines, costs for answering services, software to disseminate tips and law enforcement coordinator’s cell phone information.

(b) Budget line items associated with public education shall include, but are not limited to, re-enactments, billboards, brochures, bus-wraps, electronic media, program public awareness, and promotional materials.

(2) Operating Expenses shall include, but are not limited to:

(a) Budget line items relating to general office expenses, educational purposes, travel, and equipment.

(b) Budget line items associated with the payment of dues are for the Florida Association of Crime Stoppers, Southeastern Crime Stoppers Association and Crime Stoppers U.S.A. who are recognized by the Internal Revenue Service as being tax exempt under 501(c)(3) of the Internal Revenue Code. Requests for reimbursement of dues for another organization will be reviewed by the Department for approval, which will be based upon the organization’s connection with Crime Stoppers and furtherance of its crime fighting goals.

(c) Budget line items associated specifically with travel must adhere to guidelines established in Section 112.061, F.S., 69I-42, F.A.C., and Department travel guidelines.

(d) Travel outside of the continental United States is prohibited.

(3) Up to a maximum of 30 percent of the total grant funds may be designated to the budget category of Salary and Benefits. Funds shall only be used for civilians employed by a crime stoppers organization, law enforcement personnel serving in the capacity of “law enforcement coordinator” and/or civilian support staff employed by the law enforcement agencies whose regularly scheduled duties are dedicated to the crime stoppers program.

(a) Salary and benefits funding shall not include overtime, special holiday pay, on-call time, performance bonuses, special detail pay, stand-by or call-back time.

(b) Only that percentage of time dedicated to the crime stoppers shall be funded.

(c) Those unused Salary and Benefits funds, with the approval of the Department, may be used in the Operating Expense, or Rewards and Public Education categories.

(4) At the end of each grant period, any funds not spent, or otherwise previously committed, pursuant to sections (1), (2), and (3) above, shall be returned to the department to be re-deposited into the “Crime Stoppers Trust Fund.”

(5) Payment must be made and services must be provided before reimbursement by the Department can be made.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ___________.

 

2A-9.006 General Requirements.

(1) All grant recipients are encouraged to attend an orientation meeting prior to the release of funds, unless specifically exempted by the Department.

(2) All grant recipients are required to coordinate with appropriate governmental agencies to support and enhance efforts to train the public in crime prevention methods and in personal safety principles, especially for citizens who live in, work at, or frequent locations having high crime rates. No trust funds can be used to supplement or replace another agency’s existing budget.

(3) Any request to amend the agreement must be submitted in writing to the Department for approval prior to implementing the request. The Department will respond to such request within (30) days of receipt.

(4) Budget amendments must be approved in writing by the Department prior to the expenditure of any adjustments between previously approved budget categories and/or line items.

(5) If a grant recipient incurs expenditures prior to July 1 of any grant year or prior to the date when the agreement has been signed by all parties, whichever is later, those expenditures will be deemed ineligible for reimbursement.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New __________.

 

2A-9.007 Reimbursement Requirements.

(1) Expenditures must be in compliance with all applicable laws, rules, and regulations.

(2) The following documentation is required, as applicable:

(a) Invoice, which must include, as applicable:

1. Description of item(s) or services purchased;

2. Period of performance;

3. Quantity; and

4. Proof that the purchase was made in the grant year for which reimbursement is sought.

(b) Method of payment:

1. Copy of a bank statement with included debit transactions;

2. A copy of the cleared check; and

3. Any other appropriate documentation.

(c) Proof of a bid process;

(d) Reimbursements for advertising a program’s tip line, text-a-tip, or web address must include sufficient proof that services were received and that the advertisement included an appropriate Department acknowledgement;

(3) Sufficient funds must remain in the line item associated with the expenditure for which reimbursement is sought prior to purchase or payment and the expenditure must be detailed in the approved budget narrative;

(4) Performance must have taken place in the same time frame as the expenditure;

(5) Person approving payment must have appropriate authority to authorize same; and

(6) The following requirements also apply to reward reimbursements:

(a) The tipster’s identity must remain anonymous and unknown to the program and law enforcement. Any tipster who is known to law enforcement may not receive any reward;

(b) The tip must be processed in such a way as to protect the anonymity of the tipster, and the tip must be made through the program’s anonymous tip line, text-a-tip, website, or other approved method;

(c) A confidential informant pursuant to Section 914.28 (2)(a), F.S., is ineligible for a reward;

(d) The tip must lead to an arrest or recovery of stolen property or drugs. Recovered property does not include guns turned into law enforcement pursuant to a gun buy-back program. Documentation in the form of a law enforcement report, arrest affidavit, or other certified statement from law enforcement documenting the arrest or recovery of stolen property or drugs must be kept by the program and must be available at any time upon request of the Department;

(e) The tip must be approved by the program’s board of directors or reward committee prior to payment to the tipster. Any payment made more than 90 days after approval by the board of directors or reward committee must be re-approved prior to payment to the tipster;

(f) The request for reimbursement for the payment of a tip must be less than or equal to $3,000.00;

(g) The program must provide all appropriate documentation and unique tip numbers required to document all steps from receipt of the tip through payment of the reward; and

(h) The program must provide documentation that indicates the reward was made available to a tipster within the number of days specified in the program’s grant agreement.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ___________.

 

2A-9.008 Unused Funds.

(1) A discretionary grant will be awarded to a crime stoppers organization from unused funds if available, if the discretionary grant does not exceed the Department’s spending authority, and if the grant is approved for the following purposes:

(a) To initiate a campaign to form a crime stoppers program in a county or counties where a crime stoppers organization does not exist,

(b) To enhance a crime fighting effort to target a specific criminal element as a statewide initiative,

(c) To initiate statewide training pertaining to crime fighting programs which support crime stoppers, law enforcement personnel, and/or the general public.

(2) After final determination of same by the Department and Department of Financial Services, unused funds from the immediately preceding fiscal year will be used for the coordination with appropriate governmental agencies to support and enhance efforts to train the public in crime prevention methods and in personal safety principles, especially for citizens who live in, work at, or frequent locations having high crime rates.

Rulemaking Authority 16.555 (6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Nuss, Chief, Bureau of Criminal Justice Programs

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Pam Bondi

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 9, 2015