Provide purpose, general provisions, instructions 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-9.001Definitions

2A-9.003Grant Application

2A-9.004Funding Requirements

2A-9.006Programmatic and Reimbursement Requirements

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

SUMMARY: These rule amendments provide clarification of the definitions, documentation requirements, and procedures for obtaining grants through the Crime Stoppers Trust Fund using the agency's new EGrants system

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 Definitions.

(1) through (2) No change.

(3) “Allowable cost” means only those costs that have been submitted and approved by the Department.

(4)(3) “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.

(5) “Community event” means a location and time that can be reasonably anticipated to be attended or frequented by community residents.

(6)(4) “Court costs/assessment collection” means deposits which are made by each county into the Crime Stoppers Trust Fund by the clerks of the courts during the 12-month period between March 1 of any calendar year and ending February 28 of the following calendar year, pursuant to Section 938.06, F.S.

(7)(5) “Crime Stoppers Organization” means a private, 501(c)(3) corporation, which meets all requirements of the Department and the Florida Association of Crime Stoppers to be an official member.

(8) “Department” means the Department of Legal Affairs, Office of the Attorney General.

(9) “EGrants management system” means the online system utilized by the Office of the Attorney General which is designed to aid the management of the overall grant documentation process and is found at the following address: https://egrants.myfloridalegal.com.  Access to the EGrants management system for the purpose of these rules is restricted to official members.  Access can be requested through the EGrants management system or by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, by telephone at [phone].

(6) through (12) renumbered (10) through (16) No change.

(17) “Recipient” is as defined in Section 215.97, F.S.

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

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History‒New 6-22-15, Amended 12-10-15, ­­­­_____________. 

 

2A-9.003 Grant Application.

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

(2) 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, the Department’s spending authority, and monies collected pursuant to financial consequences.

(3) No change.

(4) All applicable application forms, supporting document requirements, and instructions are will be available by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, by telephone at [phone], or by logging into the EGrants management system located at www.fcpti.com.

(5) Applications will be accepted by the Office of the Attorney General through the EGrants management system beginning April 1st through the close of business on April 30th. Applications must include the following information and documentation, in the following order: Applications must include:

(a) The original Original, fully completed and signed form CSA-1, entitled “Florida Crime Stoppers Trust Fund Attachment B (CSTF) Grant Application,” effective July August 20175. The instructions for same are found on form CSA-1.1 entitled

“Attachment B Instructions Crime Stoppers Trust Fund Grant Application,” revised October 2015. The forms are available at http://www.fcpti.com. The application form is incorporated into this rule by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref06124 and the instructions are incorporated into this rule by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-06123. The application requires the following information must be provided:

1. through 9. No change.

(b) through (f) No change.

(6) No change.

(7) The Department will notify the applicant through the EGrants management system of the date that the applicant’s grant application is considered complete and acceptable. The Department will have 30 business days from the date of the acceptance of the completed grant application to provide the applicant with a contract for execution.

(8) No change.

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History‒New 6-22-15, Amended 12-10-15, _____________.

 

2A-9.004 Funding Requirements.

(1) All deliverables must be funded in whole or in part with grant funds.

(2)(1) A minimum of 50 percent of the total grant funds must be designated allocated to the budget category of Rewards and Public Education with no more than 5% of the total grant funds being designated for the purchase of promotional materials.

(a) through (b) No change.

(3)(2) No change.

(4)(3) Up to a maximum of 30 percent of the total grant funds may be designated allocated to the budget category of Salary and Benefits. Funds shall only be eligible for use 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 organization.

(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) through (c) No change.

(d) Governmental employees’ holiday pay shall be calculated pursuant to the holiday pay policy set by the employee’s governmental agency. Non-governmental employees are eligible to be paid for State of Florida recognized holidays at a rate calculated at 1.5 times their regular hourly rate.

(4) through (7) renumbered (5) through (8) No change.

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History‒New 6-22-15, Amended 2-7-17, 5-16-17, _____________.

 

2A-9.006 Programmatic and Reimbursement Requirements.

(1) Expenditures must be in compliance with contractual obligations, all applicable Florida Statutes, rules and guidelines, and provisions of the Florida Administrative code, and cannot be for the following:

(a) Subcontract for any service;

(b) Lobbying;

(c) Memorabilia;

(d) Food;

(e) Decorative items;

(f) Refreshments;

(g) Uniforms or uniform accessories

(h) Awards for contests;

(i) Vehicles;

(j) Mileage for rental vehicles, mileage for grant-funded vehicles, personal mileage, or commute mileage;

(k) Car rentals exceeding state guidelines;

(l) Confidential informant fees;

(m) Performance bonuses, Christmas bonuses, special detail pay, stand-by or call-back pay, or unused sick or annual leave;

(n) Private security guard services;

(o) Car or hand-held radios;

(p) Standard supplies for law enforcement officers;

(q) Magazine subscriptions;

(r) Finance charges such as late payment fees, bank overdraft fees, or credit card fees;

(s) Office renovation;

(t) Fund raising, including any application fee to any Agency for solicitation/fundraising; or

(u) Legal fees.

(2) through (4) No change.

(5) All promotional and advertising materials purchased using grant funds are required to be printed with “Pd by CSTF”.

(5) through (6) renumbered (6) through (7) No change.

(8) Form CSA-2, entitled “Attachment BC Florida Crime Stoppers Trust Fund Programmatic and Reporting Requirements,” revised 07/2017 10/2015, which is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06125. The following forms are included, and are available in the EGrants Management System or at http://www.fcpti.com:

(a) Form CSA-2.1, entitled “Reimbursement Request/Expenditure Report,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06126.

(b) Form CSA-2.1A1, entitled “Operating Expenses – Invoice Tracking Form,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06127.

(c) Form CSA-2.1A2, entitled “Salary Expenses – Invoice Tracking Form,” revised 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06128.

(c)(d) Form CSA-2.1A3, entitled “Rewards and Public Education – Invoice Tracking Form,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06129.

(d)(e) Form CSA-2.1B, entitled “OAG Tip Report,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06130.

(e)(f) Form CSA-2.1C, entitled “Salaried Employees Invoice Tracking Monthly Statement of Salary/Benefits,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06131.

(f)(g) Form CSA-2.1D, entitled “Project Specific Timesheet,” revised 07/2017 10/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06132.

(g)(h) Form CSA-2.1E, entitled “Daily Vehicle Use Log,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06133.

(h)(i) Form CSA-2.1F, entitled “Property Inventory Report,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06134.

(i)(j) Form CSA-2.2, entitled “Budget Modification,” revised 07/2017 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06135.

(j)(k) Form CSA-2.3, entitled “Program Modification Request,” revised 8/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06136.

(k)(l) Form CSA-2.4.1, entitled “Crime Stoppers Monthly Performance Report (Attachment D) $19,999.00 or Less,” revised 07/2017 10/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-08773.

(m) Form CSA-2.4.2, entitled “Crime Stoppers Monthly Performance Report (Attachment D) $20,000.00 or More,” revised 10/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06138.

(9) Additional forms:

(a) through (c) No change.

(d) Form CSA-6.1, entitled “Attachment C- Crime Stoppers Trust Fund Monthly Performance Report – Deliverables D ‒ $19,999 or Less Contract Deliverables,” revised 07/2017 10/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-08774.

(e) Form CSA-7, entitled “CRST Audit – Programmatic and Fiscal Review,” revised 07/2017 is available within the EGrants Management System and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-08775

(e) Form CSA-6.2, entitled “Attachment D ‒ $20,000 or More Contract Deliverables,” revised 10/2015 is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address:

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History‒New 6-22-15, Amended 12-10-15, 2-7-17, 5-16-17, _____________.

 

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: October 06, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 18, 2017