Implements updated statutory criteria for funding and clarifies existing funding language.

DEPARTMENT OF LAW ENFORCEMENT
Office of Inspector General

RULE NO: RULE TITLE
11N-1.002: Criteria
11N-1.0022: Matching Drug Control Investigative Funding
11N-1.0023: Criminal Gang Investigative Funding
11N-1.003: Limitations on Violent Crime Investigative Reimbursement Funding
11N-1.0031: Limitations on Matching Drug Control Investigative Funding
11N-1.0032: Limitations on Criminal Gang Investigative Funding
11N-1.0051: Procedures for Funding Requests for Drug Control Investigative Funding
11N-1.0052: Procedures for Funding Requests for Criminal Gang Investigative Funding
11N-1.006: Contributions
PURPOSE AND EFFECT: Implements updated statutory criteria for funding and clarifies existing funding language.
SUMMARY: Expands the duties of the Violent Crime and Drug Control Council to provide proactive criminal gang investigative funding and to clarify funding criteria for agencies receiving funding from the Violent Crime and Drug Control Strategy Implementation Account.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 943.03(4), 943.042 FS.
LAW IMPLEMENTED: 943.031, 943.042 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, February 4, 2009, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
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 5 days before the workshop/meeting by contacting: Joyce Gainous-Harris at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joyce Gainous-Harris, Florida Department of Law Enforcement, Investigations and Forensic Science Program, 2331 Phillips Road, Tallahassee, FL 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

11N-1.002 Criteria.

The Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall be used:

(1) To provide emergency supplemental funds to:

(a) through (c) No change.

(2) To provide matching funding, as provided for in Rules 11N-1.0022 and 11N-1.0023, F.A.C., to multi-agency or statewide drug control, criminal gang, or illicit money laundering investigative or task force efforts that:

(a) Significantly contribute to achieving the state’s goal of reducing drug-related crime as articulated by the Office of Drug Control;

(b) Represent significant criminal gang investigative efforts;

(c)(b) Represent a significant illicit money laundering investigative effort; or

(d)(c) Otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council established under Section 397.333, F.S.

(3) No change.

(4) Funding approval or authorization shall be as follows:

(a) The Violent Crime and Drug Control Council, as described in Section 943.031, F.S., shall approve funding for Violent Crime Investigative Reimbursement and Emergency Violent Crime Funding.

(b) The Drug Control Strategy and Criminal Gang (DCSCG) Committee, as described in Section 943.031, F.S., shall authorize funding for Drug Control and Criminal Gang Investigative Funding.

(c) The Victim Witness Protection Review Committee, as described in Section 943.031, F.S., shall approve funding for the Victim Witness Protection Program.

(5) The Chair of the Council shall be selected from Council members eligible for membership on the Victim and Witness Protection Review Committee as defined at Section 943.031(8) F.S., and who shall also serve as Chair of the Victim and Witness Protection Review Committee and the Drug Control Strategy and Criminal Gang Committee as defined at Section 943.031(6), F.S.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 11-5-02, 3-21-07, 6-9-08,_________.

 

11N-1.0022 Drug Control Investigative Funding.

(1) In determining whether requests for drug control funding relate to multi-agency or statewide drug control or illicit money laundering investigative or task force efforts that:

(a) through (b) No change.

(c) Otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council, the following criteria shall be considered by the DCSCG Committee:

1. through 2. No change.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 11-5-02, 12-3-03, 3-27-06,_________.

 

1N-1.0023 Criminal Gang Investigative Funding.

(1) In determining whether requests for criminal gang investigative funding relate to criminal proactive investigative efforts that:

(a) Significantly contribute to achieving the state’s goal of reducing criminal gang activity.

(b) Represent a significant criminal gang investigative effort; or

(c) Otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council, the following criteria shall be considered by the DCSCG Committee:

1. Mandatory Factors:

a. The investigative effort focuses on a criminal gang shown to have, or reasonably believed of having, activities such that involvement of multiple investigative agencies is necessary; and

b. At least two agencies of the State of Florida, counties, cities, or combination thereof within the State of Florida are involved; and

c. The investigative effort demonstrates a commitment of participating agencies to cooperate with one another in a collaborative investigative effort; and

d. The criminal gang to be investigated has, or is reasonably believed to have, a structure that directs, finances, and engages in criminal gang activity and related crimes (such as drug trafficking, money-laundering, organized crime, and crimes of violence) that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents; and

e. The proposed investigative effort demonstrates a specific strategy:

(I) To achieve successful prosecutions of those within the criminal gang who hold a position of organizer, supervisor, or any other position of authority or who obtains substantial assets or resources from the illegal acts of the criminal gang being investigated as they may become identified; and

(II) To utilize a multi-agency and cross-discipline approach to disrupt and dismantle the criminal gang operation via seizures of assets, and organized crime investigations and prosecutions, or similar efforts.

f. The proposed investigative plan demonstrates a level of participating agency resource commitment that suggests a substantial likelihood of investigative and prosecution success; and

g. The proposed effort includes a commitment from one or more State Attorneys in Florida, U.S. Attorneys in Florida, or Florida’s Statewide Prosecutor having jurisdiction over the activities of the criminal gang under investigation to assist and support the investigation, through efforts such as issuance of subpoenas, use of grand juries, obtaining search warrants, securing court orders regarding the interception of communications, coordinating multiple prosecutions, assisting in securing plea agreements with those in the criminal gang organization in return for cooperation and testimony, and certifying witnesses for witness protection under applicable law and a commitment to cooperate with other prosecuting entities having jurisdiction over activities of the criminal gang to maximize the success of the investigative effort.

h. The proposed investigative effort shall ensure that all known targets of a criminal gang investigation proposed to be funded by the Council funds shall be entered into the “InSite” database maintained by the Florida Department of Law Enforcement. The funding request shall indicate that such entry has been accomplished. All future identified targets shall be entered into “Insite.” All criminal gang seizures related to criminal gang Council funded investigations shall be entered into “InSite.” Upon failure to make such entry, the Council is authorized to suspend funding not yet provided and to direct refund of all unexpended funds previously provided by the Council.

2. Non-Mandatory Factors Enhancing the Significance of the Proposed Effort:

a. The activities of the criminal gang under investigation are responsible for known specified significant criminal activity in multiple regions of the State;

b. The proposed investigative plan has identified the types and methods of significant criminal violations under state or federal law actually, or suspected to be, occurring, and articulates a dedicated strategy to identify, trace, and address persons, institutions or other entities that are likely involved;

c. The criminal gang under investigation is known to have and identifies, or is reasonably believed to have, assets and property that constitute contraband under Florida or other law that may be seized and forfeited and the investigative plan contains a strategy to identify such assets and property and to use forfeiture options to disrupt the underlying criminal gang;

d. Persons in the criminal gang under investigation are, upon successful prosecution, likely to receive sentences involving substantial terms of incarceration in state or federal prisons, paying a substantial fine, or both;

e. The proposed investigative effort appears to be likely to be lengthy and complex (as specified in Rule 11N-1.0021, F.A.C.), and will likely require sophisticated electronic, undercover or other investigative techniques;

f. The criminal gang under investigation is such that if investigation and prosecutions are successful it is likely that significant  reductions in criminal gang activity within the State of Florida will result; or

g. The proposal presents an innovative plan with a likelihood of success for addressing a significant criminal gang organization. In determining what constitutes a significant criminal gang, the Council shall consider the following factors related to the criminal gang under investigation as may be demonstrated in the request:

i. The number of persons believed to be involved in the criminal gang’s illicit activities;

ii. The regional, statewide, national, or multi-national impact upon ongoing criminal activity expected to occur if the investigation successfully disrupts the criminal gang under investigation;

iii. The perceived potential or propensity of the criminal gang for violence, injury to innocent persons, or for any activity reasonably believed to be hazardous to persons or property;

iv. Known or suspected links of the criminal gang or its members to individuals or organizations suspected to be or known to be involved in acts of terrorism as defined at Section 775.30, F.S., or in promoting, planning, or executing acts of violence to further political or other beliefs; and

v. The anticipated reduction in the numbers of criminal gangs or criminal gang members will be curtailed or restricted if the investigation successfully disrupts the criminal gang under investigation.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New_________.

 

11N-1.003 Limitations on Violent Crime Investigative Reimbursement Funding.

(1) Requests for Violent Crime Investigative Reimbursement Funding.

(a) through (b) No change.

(c) Funding provided under this section from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account is available to a Florida state or local law enforcement agency and such funding shall be used agencies for violent crime investigative purposes directly linked to the investigative effort. As used herein, “lLaw enforcement agency agencies” is defined as a Florida include police department, a Florida sheriff’s’s offices, a regional office of the Florida Department of Law Enforcement or other Florida and state law enforcement agency agencies, or a troop of the Florida Highway Patrol.;  Hhowever, for the purposes of this rule, the term excludes the Department of Financial Services, state attorneys’ prosecutors’ offices, and the Office of Statewide Prosecution except for resources provided by such offices exclusively dedicated to investigative efforts approved for funding by the Council criminal investigations.

(d) through (f) No change.

(2) through (3) No change.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 12-3-03,________.

 

11N-1.0031 Limitations on Drug Control Investigative Funding.

(1) Requests for funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall be limited to case-related investigative expenses, salary and overtime for the efforts of officers and employees directly linked to a funded investigation and other expenses related to investigations authorized approved for funding by the DCSCG Committee Council.

(2) Each funding request shall designate a lead investigative agency that will serve as the liaison between the DCSCG Committee Council and the participating agencies for the purposes of coordinating the collection of information and in disbursing funds authorized approved by the DCSCG Committee Council. Each participating agency shall agree to promptly provide requested information to the DCSCG Committee Council, to provide regular performance reports and information related to funded investigations as required by the DCSCG Committee Council, retain documentation and proof of expenditures or personnel efforts as may be required by the DCSCG Committee Council, and submit to any audit or review of the use of received funds as may be required by the DCSCG Committee Council.

(3) If a new an additional agency is brought into the investigation after funding has already been appropriated and no additional monies are being sought and there is no change of focus of the investigation, a lead investigative agency is authorized to request that the new additional agency be permitted to share in Ccouncil funds for the investigation.

(a) No change.

(b) Pursuant to Rule 11N-1.0031, F.A.C., the new agency shall guarantee its agreements are completed and obtain agency match funding before presenting its package, with the lead agency’s endorsement, to the Chairperson of the Council Chairperson.

(c) The Council Chairperson shall have the ability to make interim ratification of new agencies’ additional agencies participation in a specific funded investigation until the next regularly scheduled council meeting at which time the DCSCG Committee entire Council shall vote upon the issue.

(4) Supplemental funding requests shall be presented by the lead investigative agency at the next regularly scheduled Council meeting. Mutually agreed upon investigations may be adopted by reference by the DCSCG Committee Council when there is no change in the original investigative focus and mission of the originally funded investigation.

(5) Funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account is available only to a Florida state or local law enforcement agency and such funding shall be used for investigative purposes directly linked to the investigative effort authorized approved for funding by the DCSCG Committee Council. As used herein, “law enforcement agency” is defined as include a Florida police department, a Florida sheriff’s office, a regional office of the Florida Department of Law Enforcement or other Florida state law enforcement agency, the Department of Financial Services, or a troop of the Florida Highway Patrol. However, the term excludes the Department of Financial Services, state attorneys’ offices, and the Office of Statewide Prosecution except for resources provided by such offices exclusively dedicated to investigative efforts approved for funding by the Council.

(6) Limits Upon Drug Control Funding.

(a) through (b) No change.

(c) In each agency fiscal year, payment of overtime with Council funds shall not exceed $10,000 per officer or employee dedicated to the funded investigative efforts within the officer or employee agency’s fiscal year.  The $10,000 limit applies to the officer or employee’s combined hours dedicated to all Council funded investigative efforts within the fiscal year.

(d) through (e) No change.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06, 3-21-07,________.

 

11N-1.0032 Limitations on Criminal Gang Investigative Funding.

(1) Requests for proactive investigative funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall be limited to case-related investigative expenses, salary and overtime for the efforts of officers and employees directly linked to a funded investigation and other expenses related to investigations authorized for funding by the DCSCG Committee.

(2) Each funding request shall designate a lead investigative agency that will serve as the liaison between the DCSCG Committee and the participating agencies for the purposes of coordinating the collection of information and in disbursing funds authorized by the DCSCG Committee. Each participating agency shall agree to promptly provide requested information to the DCSCG Committee, to provide regular performance reports and information related to funded investigations as required by the DCSCG Committee, retain documentation and proof of expenditures or personnel efforts as may be required by the DCSCG Committee, and submit to any audit or review of the use of received funds as may be required by the DCSCG Committee.

(3) If an additional agency is brought into the investigation after funding has already been appropriated and no additional monies are being sought and there is no change of focus of the investigation, a lead investigative agency is authorized to request that the additional agency be permitted to share in council funds for the investigation.

(a) The lead agency shall verify and endorse the new agency’s participation and that all requirements of Rule 11N-1.0032, F.A.C., will be fulfilled by the new agency.

(b) The new agency shall guarantee its agreements are completed before presenting its package, with the lead agency’s endorsement, to the Council Chairperson.

(c) The Council Chairperson shall have the ability to make interim ratification of additional agencies’ participation in a specific funded investigation until the next regularly scheduled council meeting at which time the DCSCG Committee shall vote upon the issue.

(4) Supplemental funding requests shall be presented by the lead investigative agency at the next regularly scheduled Council meeting. Mutually agreed upon investigations may be adopted by reference by the DCSCG Committee when there is no change in the original investigative focus and mission of the originally funded investigation.

(5) Disbursement of proactive investigative funding from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account is available to a Florida state or local law enforcement agency and such funding shall be used for investigative purposes directly linked to the investigative effort authorized for funding by the DCSCG Committee. As used herein, “law enforcement agency” is defined as a Florida police department, a Florida sheriff’s office, a regional office of the Florida Department of Law Enforcement or other Florida state law enforcement agency, or a troop of the Florida Highway Patrol. However, the term excludes the Department of Financial Services, state attorneys’ offices, and the Office of Statewide Prosecution except for resources provided by such offices exclusively dedicated to investigative efforts approved for funding by the Council.

(6) Limits Upon Criminal Gang Funding.

(a) The maximum funding provided by the Council on a single investigation shall be $100,000. However, an approved investigative effort may consist of multiple investigations, each of which may receive funding up to $100,000.

(b) No law enforcement agency as defined herein may receive more than $200,000 in Council gang investigative or drug control funds during the agency’s fiscal year.

(c) In each agency fiscal year, payment of overtime with Council funds shall not exceed $10,000 per officer or employee dedicated to funded investigative efforts within the officer or employee agency’s fiscal year. The $10,000 limit applies to the officer or employee’s combined hours dedicated to all Council funded investigative efforts within the fiscal year.

(d) The Council may fund all, a portion, or none of a proposed investigative effort seeking proactive criminal gang funding.

(e) Previously-approved criminal gang investigation initiatives are eligible for additional funding from the Council, up to the funding limits set by Rules 11N-1.0031 and 11N-1.0032, F.A.C., and Section 943.031, F.S. In order to receive consideration for additional funding, an entity seeking such consideration must demonstrate:

1. That it has complied fully with reporting and accountability obligations for the initial funding, and;

2. That the request for additional funding conforms with Council requirements for funding, and comports with the originally-funded request, and;

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New________.

 

11N-1.0051 Procedures for Funding Requests for Drug Control Investigative Funding.

(1) No change.

(2) All requests for drug control investigative effort funds from the DCSCG Committee Violent Crime and Drug Control Council (Council) must be developed in conjunction with, and approved by, the RCT in the region from in which the lead requesting agency is located. No request submitted without the endorsement of the RCT will be considered by the DCSCG Committee Council.

(3) through (4) No change.

(5) A completed application for funding shall be submitted by the Chair of the RCT so that it is received at least 30 days prior to the next scheduled Violent Crime and Drug Control Council meeting. Requests shall be mailed to: Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32302-1489, Attn.: Investigations and Forensic Science Program. Submissions from a Regional Drug Enforcement Coordinating Team shall be made to the Department of Law Enforcement’s Investigations and Forensic Science Program (IFS). Materials being submitted shall be secured and transmitted in a manner to assure that the criminal investigative and criminal intelligence information contained is not compromised.

(6) No change.

(7) The IFS shall present to the DCSCG Committee Council all cases forwarded to it by the RCTs, indicating its prioritization determinations at a meeting of the Council. The presentation must include a recommendation of which cases IFS believes should receive funding priority and the amount of drug control funding recommended and may identify the relative strengths and weaknesses of the cases under consideration in meeting the underlying goals of Council funding.

(8) The DCSCG Committee Council will make its drug control funding decisions based upon the information presented to it by IFS, or otherwise made available at a Council meeting, and the availability of funds for use by the DCSCG Committee Council. The DCSCG Committee Council may direct that approved funding shall be paid in a lump sum or in installments. The DCSCG Committee Council may fund all, a portion, or none of a request presented to it.

(9) Denial of all or a part of a request shall not disqualify the request from future consideration by the DCSCG Committee Council. However, any such request will be considered a new funding request and must be evaluated and approved through the process set forth in this rule, beginning with consideration and approval by the RCT.

(10) No change.

(11) If after receipt of funds, it appears that a funded investigative effort will substantially depart from the focus and effort originally authorized approved by the DCSCG Committee Council, the agencies receiving Council funds shall suspend use of such funds and shall contact the Chair of the RCT and describe the change of focus and effort.

(a) If the new focus and effort is of a type that could be considered for Council funding, the RCT and the participating agencies shall secure DCSCG Committee authorization Council approval for the continued use of Council funds by the funded agencies. Any such request shall be evaluated and approved through the process set forth in this rule, beginning with the consideration and approval by the RCT, but shall be expedited to minimize and negative effect the suspension of spending of Council funds may have on the ongoing investigation.

(b) If authorization for continued use of Council funds must be considered prior to the next regular meeting of the Council, the DCSCG Committee Council may consider such requests at a special meeting by phone or videoconference.

(c) The DCSCG Committee Council may endorse changes of focus or efforts and authorize the continued use of Council funds when receiving progress reports during regularly scheduled meetings provided that the RCT and the IFS endorse the new focus or efforts for such continued funding.

(12) No change.

(13) Agencies seeking drug control funding under this section shall cooperate with the RCT in the agencies’ area, and provide all information as requested by the RCT to assist in the preparation of a funding request, including information to identify the amounts of agency funds being committed by each participating agency to be matched by Council drug control funds. The head of each requesting agency that seeks to receive Council drug control funds shall include in the submission to the RCT a certification in writing that to the agency head’s best knowledge and belief, the request complies with the requirements established by law and this rule for funding. The agency head shall also agree to provide requested information to the DCSCG Committee Council to assist the DCSCG Committee Council in its performance-monitoring obligations and shall agree to retain proof and documentation as may be required by the DCSCG Committee Council and to submit to any audits or reviews of agency utilization of Council funds or funds derived from any Council-funded investigative effort as may be performed. The request shall be accompanied by Form FDLE/IFS-003 Drug Control, Criminal Gang, & Money Laundering Application, revised 10/01/08, and Form FDLE/IFS-006, the State Financial Assistance Form, both revised 08/01/07, incorporated by reference.

(14) Funding Calculations.

(a) In calculating the amount being provided as an agency match, the DCSCG Committee Council  shall consider:

1. through 2. No change.

(b) In calculating the amount being provided by a requesting agency for which matching Council funds may be provided, the DCSCG Committee Council  shall not consider:

1. through 2. No change.

(15) Council-provided funds shall not be used for any purposes by the requesting agency in calculating its agency match. Where an employee’s overtime has been pledged by an agency as a match, no Council-provided funds may be used for the employee’s overtime until such time as the agency’s match overtime funding has been completely expended. Council funds shall not be used to purchase or lease vehicles, vessels, aircraft or conveyances, computer equipment, or buildings or the maintenance or repair of any such property or equipment. Council funds shall not be used to pay employee base salaries. In each agency’s fiscal year, up to $10,000 in Council funds may be applied to an employee’s overtime (including benefits and taxes) for efforts dedicated exclusively to the funded investigative effort. Council funds may be used for the temporary rental of property or equipment for an undercover operation in support of the investigative effort, or for use in surveillance activities tied to the investigative effort. Council funds may be utilized to pay overtime of agency employees’ efforts directly in support of the funded investigative effort, limited to $10,000 per employee in the employee’s agency’s fiscal year. The $10,000 limit applies to the employee’s combined hours dedicated to all Council funded investigative efforts within the fiscal year.

(16) Council Funding Documentation.

(a) Agencies receiving drug control funding under this section shall provide a written bi-annual report of expenditures of Council funds and of the progress of the investigative effort. The report shall be prepared in consultation with the RCT and submitted by the RCT through the IFS for compilation and presentation at a scheduled Council meeting. Form FDLE/IFS-004, the Violent Crime and Drug Control Council Bi-Annual Report, revised 10/01/08 08/01/07, incorporated by reference, shall be utilized to make the report. In addition, the DCSCG Committee Council may require oral progress reports to be made at Council meetings by a representative of the RCT or a designee of the lead investigative agency in a funded investigative effort.

(b) Agencies receiving Council funding shall retain documentation supporting the amounts and purposes of expenditures made from Council funds, the amounts and purposes of expenditure of agency match funds, the performance and accomplishments of the investigative efforts, and shall make these available to the DCSCG Committee Council upon request. With regard to agency personnel assigned to investigative efforts receiving Council funds, each agency shall retain, and make available to the DCSCG Committee Council as requested, each employee’s official time and leave records and such other documentation demonstrating the time devoted by the employee to the funded investigative effort, but these records shall not be submitted with Form FDLE/IFS-004.

(c) Agencies receiving Council funding shall provide such other information as required by the DCSCG Committee Council or the IFS in its capacity as support staff, to assist in preparing its annual report to the Legislature, to assist audits of DCSCG Committee Council activities, or to assist the DCSCG Committee Council and IFS in fulfilling their role to monitor the performance of funded investigations.

(17) through (18) No change.

(19) If agencies receiving Council funding fail to submit the required Form FDLE/IFS-004, by the stated deadline, the Council Chairperson in consultation with FDLE/IFS is authorized to demand request that all unexpended funds be returned within 30 days. Upon such a finding, the Agency Head of each funded agency will be notified in writing as to the manner in which such funds must be returned. Any agency that is delinquent in submitting Form FDLE/IFS-004 by 90 or more days shall be subject to this provision.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06, 3-21-07, 6-9-08,________.

 

11N-1.0052 Procedures for Funding Requests for Criminal Gang Investigative Funding.

(1) The Department of Law Enforcement has established a regional coordinating team (RCT) in each regional office.  These RCTs coordinate the identification and development of criminal gang investigative efforts that significantly contribute to achieving the state’s goal of reducing criminal gang activity. The identified goals should represent “significant criminal gang investigative efforts”, as used herein, eligible for proactive funding, or that otherwise significantly support statewide strategies. Each RCT will be under the direction of the Florida Department of Law Enforcement Special Agent in Charge for the area of the state in which the RCT operates. The RCT should be made up of representatives of state, local, and federal law enforcement and prosecuting entities working within the area.

(2) All funding requests for criminal gang investigative efforts from the DCSCG Committee must be developed in conjunction with, and approved by, the RCT in the region from which the lead requesting agency is located. No request submitted without the endorsement of the RCT will be considered by the DCSCG Committee.

(3) Prior to submitting funding requests for criminal gang investigative efforts to the Department of Law Enforcement for review and consideration for Council funding, the RCT shall assure that the various requirements of this rule have been satisfied. The RCT shall discuss each mandatory criteria element stated in this rule, explaining in detail how the criteria is met. In addition, the RCT shall identify and discuss each non-mandatory criteria identified in this rule reasonably applicable to the request. The RCT shall assure that the funding proposal has been explained in sufficient detail to promote a fair review and evaluation of the request by the Department and the DCSCG Committee.

(4) All submissions to the Department from a RCT must be approved by the RCT and deemed complete, as indicated by the written certification of the chair of the RCT.

(5) A completed application for funding shall be submitted by the Chair of the RCT so that it is received at least 30 days prior to the next scheduled Violent Crime and Drug Control Council meeting. Requests shall be mailed to: Florida Violent Crime and Drug Control Council, c/o Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32302-1489, Attn.: Investigations and Forensic Science Program.

(6) The IFS will receive and review all submissions from the various RCTs utilizing the criteria of this rule, and shall prioritize from the pending submissions those proposals that best meet the criteria of this rule and are determined to be criminal gang investigative efforts that are most likely to significantly contribute to achieving the state’s goal of reducing criminal gang activity.

(7) The IFS shall present to the Drug Control Strategy and Criminal Gang (DCSCG) Committee all cases forwarded to it by the RCTs, indicating its prioritization determinations at a meeting of the Council. The presentation must include a recommendation of which cases IFS believes should receive funding priority and the amount of proactive criminal gang funding recommended and may identify the relative strengths and weaknesses of the cases under consideration in meeting the underlying goals of Council funding.

(8) The DCSCG Committee will make its criminal proactive decisions based upon the information presented to it by IFS, or otherwise made available at a Council meeting, and the availability of funds for use by the Council. The DCSCG Committee may direct that approved funding shall be paid in a lump sum or in installments. The DCSCG Committee may fund all, a portion, or none of a request.

(9) Denial of all or a part of a request shall not disqualify the request from future consideration by the DCSCG Committee. However, any such request will be considered a new funding request and must be evaluated and approved through the process set forth in this rule, beginning with consideration and approval by the RCT.

(10) Council-provided criminal gang funds shall be expended in a manner consistent with the investigative purposes approved by the Council.

(11) If after receipt of funds, it appears that a funded investigative effort will substantially depart from the focus and effort originally authorized by the DCSCG Committee, the agencies receiving Council funds shall suspend use of such funds and shall contact the chair of the RCT and describe the change of focus and effort.

(a) If the new focus and effort is of a type that could be considered for Council funding, the RCT and the participating agencies shall secure DCSCG Committee authorization for the continued use of Council funds by the funded agencies. Any such request shall be evaluated and authorized through the process set forth in this rule, beginning with consideration and approval by the RCT, but shall be expedited to minimize any negative effect the suspension of spending of Council funds may have on the ongoing investigation.

(b) If authorization for continued use of Council funds must be considered prior to the next regular meeting of the Council, the DCSCG Committee may consider such requests at a special meeting by phone or videoconference.

(c) The DCSCG Committee may endorse changes of focus or efforts and authorize the continued use of Council funds when receiving progress reports during regularly scheduled meetings provided that the RCT and the IFS endorse the new focus or efforts for such continued funding.

(12) In order to assure careful consideration of original requests for criminal proactive and resubmitted requests for funding that have been previously denied, all written requests, to include completed application forms, case synopses, financial forms, and approvals shall be submitted by the chair of the RCT to the IFS no later than 30 days prior to the meeting of the Council in which the request for funding might be considered.

(13) Each agency seeking criminal proactive under this section shall cooperate with the RCT in the agencies’ area, and provide all information as requested by the RCT to assist in the preparation of a funding request, including information to identify the amounts of agency funds being requested by the participating agency. The head of each requesting agency that seeks to receive Council criminal gang funds shall include in the submission to the RCT a certification in writing that to the agency head’s best knowledge and belief, the request complies with the requirements established by law and this rule for funding. The agency head shall also agree to provide requested information to the Council to assist the Council in its performance-monitoring obligations and shall agree to retain proof and documentation as may be required by the Council and to submit to any audits or reviews of agency utilization of Council funds or funds derived from any Council-funded investigative effort as may be performed. The request shall be accompanied by Form FDLE/IFS-003, Drug Control, Criminal Gang & Money Laundering Application, revised 10/01/08, and Form FDLE/IFS-006, the State Financial Assistance Form, revised 08/01/07, incorporated by reference.

(14) Funding Calculations.

(a) In calculating the amount being provided as an agency match, the DCSCG Committee shall consider:

1. The base salary (including benefits and taxes) and overtime compensation pledged (including benefits and taxes) of agency employees for that portion of the employees’ efforts dedicated exclusively to the proposed investigative effort, and

2. Normal operating costs directly attributable to the proposed investigative effort as specifically identified by the requesting agency, subject to the exclusions listed below.

(b) In calculating the amount being provided by a requesting agency for which matching Council funds may be provided, the DCSCG Committee shall not consider:

1. Funding received by the agencies from federal sources or

2. Funding utilized for:

a. Purchases of equipment that will be retained in a participating agency’s inventory;

b. The cost of purchased vehicles, vessels, aircrafts, or conveyances;

c. Any expense or purchase that appears to be incidental to, or otherwise failing to be shown to substantially support, the proposed investigative effort;

d. Seminar and training expenses for employees or officers assigned to the proposed effort; and

e. Rental or purchases of buildings and costs associated with the use or operation of such buildings, such as utilities and maintenance.

(15) Council-provided funds shall not be used to purchase or lease vehicles, vessels, aircraft or conveyances, computer equipment, or buildings or the maintenance or repair of any such property or equipment. Council funds shall not be used to pay employee base salaries. In each agency’s fiscal year, up to $10,000 in Council funds may be applied to an employee’s overtime (including benefits and taxes) for efforts dedicated exclusively to the funded investigative effort. Council funds may be used for the temporary rental of property or equipment for an undercover operation in support of the investigative effort, or for use in surveillance activities tied to the investigative effort. Council funds may be utilized to pay overtime of agency employees’ efforts directly in support of the funded investigative effort, limited to $10,000 per employee in the employee’s agency’s fiscal year. The $10,000 limit applies to the employee’s combined hours dedicated to all Council funded investigative efforts within the fiscal year.

(16) Council Funding Documentation.

(a) Agencies receiving proactive criminal gang funding under this section shall provide a written bi-annual report of expenditures of Council funds and of the progress of the investigative effort. The report shall be prepared in consultation with the RCT and submitted by the RCT through the IFS for compilation and presentation to the Council at a Council meeting. Form FDLE/IFS-004, Violent Crime and Drug Control Council Bi-Annual Report, revised 10/01/08, incorporated by reference, shall be utilized to make the report. In addition, the Council may require oral progress reports to be made at Council meetings by a representative of the RCT or a designee of the lead investigative agency in a funded investigative effort.

(b) Agencies receiving Council funding shall retain documentation supporting the amounts and purposes of expenditures made from Council funds, the performance and accomplishments of the investigative efforts, and shall make these available to the Council upon request. With regard to agency personnel assigned to investigative efforts receiving Council funds, each agency shall retain, and make available to the Council as requested, each employee’s official time and leave records and such other documentation demonstrating the time devoted by the employee to the funded investigative effort, but these records shall not be submitted with Form FDLE/IFS-004.

(c) Agencies receiving Council funding shall provide such other information as required by the Council or the IFS in its capacity as support staff, to assist in preparing its annual report to the Legislature, to assist audits of Council activities, or to assist the Council and IFS in fulfilling their role to monitor the performance of funded investigations.

(17) If funds provided by the Council remain unexpended upon the conclusion of any investigative effort, the participating agencies shall return unexpended Council funds to the Council within 90 days of the conclusion of the investigative effort.

(18) If an agency receiving Council funds is subsequently reimbursed or funded from another source of funding for the expenditures funded by the Council, the receiving agency shall return to the Council an amount that is the lesser of the subsequent reimbursement or the funding received from the Council.

(19) If agencies receiving Council funding fail to submit the required Form FDLE/IFS-004, by the stated deadline, the Council Chairperson in consultation with FDLE/IFS staff is authorized to demand that all unexpended funds be returned within 30 days. Upon such a finding, the Agency Head of the funded agencies will be notified in writing as to the manner in which such funds must be returned. Any agency that is delinquent in submitting Form FDLE/IFS-004 by 90 or more days shall be subject to this provision.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New________.

 

11N-1.006 Contributions.

Local law enforcement agencies or other entities may contribute to the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account by submitting funds to the executive director of the Department of Law Enforcement. Contributions should be accompanied by a written statement designating the funds to the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account. Agencies receiving forfeiture proceeds by reason of an investigative effort receiving Council funds may contribute a portion of those proceeds to the Department of Law Enforcement for use by the Council in further funding efforts.

Specific Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 3-27-06,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Joyce Gainous-Harris
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008