Section 420.36, Florida Statutes, establishes within the Department the Low-Income Emergency Home Repair Program for the purposes of assisting low-income persons, especially the disabled and elderly, in making emergency home repairs. Chapter 73C-25, ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NOS.:RULE TITLES:

73C-25.004Grantee Eligibility

73C-25.005Distribution of Funds

73C-25.006Grantee Selection Process

73C-25.014Contracts and Amendments

PURPOSE AND EFFECT: Section 420.36, Florida Statutes, establishes within the Department the Low-Income Emergency Home Repair Program for the purposes of assisting low-income persons, especially the disabled and elderly, in making emergency home repairs. Chapter 73C-25, Fla. Admin. Code, implements this program by setting out the procedures for eligibility, funding, allowable expenditures, work standards, monitoring, and creation of a contractual grant agreement.

Rules 73C-25.004 and .005, F.A.C., which address funding eligibility and funding distribution, are being incorporated into Rule 73C-25.006, F.A.C., which implements procedures for selection and distribution of funding to selected grantees. Rules 73C-25.004 and .005, F.A.C., will be repealed. The purpose of this change is to include information about funding in the same rule.

Rule 73C-25.014, F.A.C., is being amended to delete subsections (2) and (3), which set forth information that is not necessary to implement Section 420.36, Florida Statutes.

SUMMARY: The information in Rules 73C-25.004 and .005, F.A.C., is being moved to Rule 73C-25.006, F.A.C., to create a single rule on the subject of funding. Rules 73C-25.004 and .005, F.A.C., will be repealed.

Rule 73C-25.014, F.A.C., is being amended to delete subsections (2) and (3) as the information therein is unnecessary to the implementation of Section 420.36, Florida Statutes.

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.

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: 420.36(5)(c), FS.

LAW IMPLEMENTED: 420.36, 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: January 11, 2017; 9:30 a.m.

PLACE: Department of Economic Opportunity, Caldwell Building, 107 E. Madison Street, Tallahassee, Florida 32399; Conference Room 110, and by teleconference by calling: 1(888)670-3525; Passcode: 9633615989 then #.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73C-25.004 Grantee Eligibility.

Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.004, Repealed ___________.

 

73C-25.005 Distribution of Funds.

Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.005, Repealed ­­­­­­_____________.

 

73C-25.006 Grantee Selection and Funding Process.

(1) For a grantee to be eligble for selection, grantee must be a non-profit organization recognized by the department, a local government, or an existing weatherization assistance program provider  in “good standing” with the department.

(1) through (3) renumbered (2) through (4) No change.

(5)(4) At the end of the contract year, any funds not expended by the grantee shall be returned to the Economic Opportunity Trust Fund and reallocated under the subsequent year’s funding cycle as part of the total funds available for all grantees.

(6) Funds appropriated to the department for the Low-income Emergency Home Repair Program shall be deposited in the Economic Opportunity Trust Fund. The department may retain a portion of the funds appropriated for the program for administrative and personnel costs incurred by the department in implementing the provisions of this Rule Chapter 73C-25, F.A.C. Based on the availability of funds each year, funds shall be distributed to grantees as follows:

(a) For each county, a base amount of $3,000 shall be set aside from the total funds available, and such amount shall be deducted from the total amount appropriated by the Legislature.

(b) The balance of the funds appropriated by the Legislature shall be divided by the total poverty population of the state, and this quotient shall be multiplied by each county’s share of the poverty population. That amount plus the base of at least $3,000 shall constitute each county’s share. A grantee that serves more than one county shall receive the base amount plus the poverty population share for each county to be served. Contracts with grantees that have weatherization grants in good standing at the beginning of the grant award cycle may be renewed annually.

Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.006, Amended    ______________,. 

 

73C-25.014 Contracts and Amendments.

(1) No change.

(2) The ensuing contracts shall contain such contractual provisions or conditions as are necessary to define a sound and complete contract, and to satisfy regulations and statutory requirements of the state.

(3) In the event that all funds are not distributed at the beginning of the grant cycle, or if funds are returned to the department as a result of a grant contract not being executed or being terminated, then said funds may be distributed at the discretion of the department to other eligible subgrantees.

Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.014, Amended ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/12/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/15/2016