11N-1.002, F.A.C.: Amending to simplify procedure and process for funding. 11N-1.0021, F.A.C.: Amending to clarify criteria. 11N-1.0022, F.A.C.: Amended to Clarify Criteria. 11N-1.003, 11N-1.0031, 11N-1.004, 11N-1.005, 11N-1.0051, 11N-1.006, 11N-...

 

DEPARTMENT OF LAW ENFORCEMENT

Office of Inspector General

RULE NOS.:RULE TITLES:

11N-1.002Criteria

11N-1.0021Violent Crime Investigative Reimbursement and Emergency Funding

11N-1.0022Matching Drug Control Investigative Funding

11N-1.003Limitations on Violent Crime Investigative Reimbursement Funding

11N-1.0031Limitations on Matching Drug Control Investigative Funding

11N-1.004Procedures for Emergency Violent Crime Investigative Funding

11N-1.005Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding

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

11N-1.006Contributions

11N-1.009Victim/Witness Protection Program

PURPOSE AND EFFECT: Rule 11N-1.002, F.A.C.: Amending to simplify procedure and process for funding.

Rule 11N-1.0021, F.A.C.: Amending to clarify criteria.

Rule 11N-1.0022, F.A.C.: Amended to Clarify Criteria.

Rules 11N-1.003, 11N-1.0031, 11N-1.004, 11N-1.005, 11N-1.0051, 11N-1.006, 11N-1.009, F.A.C.: Repeal.

SUMMARY: The amendments to Rule 11N-1 include revising procedures and process for administering the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account.

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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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: 943.031; 943.042, FS.

LAW IMPLEMENTED: 943.031; 094.042; 914.25, 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: Chris Bufano at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 11N-1

VIOLENT CRIME AND DRUG CONTROL INVESTIGATIVE ASSISTANCE AND EMERGENCY AND DRUG CONTROL STRATEGY IMPLEMENTATION ACCOUNT GRANT PROGRAMS

11N-1.001Definitions

11N-1.002Purpose and Funding Criteria

11N-1.0021Criteria for Violent Crime Investigative Reimbursement Assistance and Emergency Funding

11N-1.0022Criteria for Matching Drug Control Investigative Assistance and Emergency Funding

11N-1.003Limitations on Violent Crime Investigative Reimbursement Funding (repeal)

11N-1.0031Limitations on Matching Drug Control Investigative Funding (repeal)

11N-1.004Procedures for Emergency Violent Crime Investigative Funding (repeal)

11N-1.005Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding (repeal)

11N-1.0051Procedures for Funding Requests for Drug Control Investigative Funding (repeal)

11N-1.006Contributions (repeal)

11N-1.007Annual Audit

11N-1.008Active Criminal Investigative and Active Criminal Intelligence (Repealed)

11N-1.009Victim/Witness Protection Program (repeal)

11N-1.001 Definitions

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Allowable Cost” means only those costs or expenditures submitted and approved by the Review Committee and Department that are eligible for funding from the Council.

(2) “Council” means the Violent Crime and Drug Control Council

(3)  “Department” means the Florida Department of Law Enforcement, which is a “state awarding agency” for purposes of the Single Audit Act, Section 215.97, F.S.

(4)  “Grant” means an award of financial assistance to a qualified eligible recipient pursuant to a written agreement and in accordance with the applicable provisions of the Council’s funding programs as authorized in 943.031, F.S.

(5) “Pre-qualification” means that Council staff or committee will conduct a review and approve an applicant’s funding request, overall capabilities, and/or eligibility to perform the duties and responsibilities required by the grant programs.  The review may include, but is not limited to, consideration of experience, curriculum vitae, quality and timeliness of past performance, compliance with law enforcement, grant, and other standards and requirements, and professional accreditation of the applicant.             

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

(7) “Review Committee” means a committee established within the Council responsible for completing the pre-qualification and approval of grant applications and funding requests.  

(8) “Solicitation” means the written document or publication issued by Department in cooperation with the Council, incorporated by reference into this rule containing procedures and policies; announcing available grant funding, program criteria and requirements, eligibility, and application instructions, which shall govern the administration of the Council’s grant programs.

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New                   .

 

11N-1.002 Purpose and Funding Criteria.

(1) Purpose.  It is the intent of the Department and Council to administer financial assistance grant programs to eligible recipients pursuant to authority under Section 943.031 and 943.042, F.S. 

(2) Funding Process.

(a) The amount of funds available shall be that amount allocated each state fiscal year to the Department as appropriated by the Legislature and allocated to each grant program by the Council. 

(b) All funds will be used to support priorities and objectives, adhere to grant program criteria, and comply with solicitaitions as approved by the Council, incorporated by reference herein. 

(c) The Department shall issue an annual grant solicitation and begin receiving applications by [date] of each calendar year.

(d) The Department and Council shall attempt to obligate all funds available in the current fiscal year, but may obligate part or all of the funds in a later fiscal year, when permitted by law.

(e) Applications for funding shall be submitted to the Department on application forms as specified by the Council and Department signed by the chief official or head of the requesting agency that complies with Council program requirements. 

(f) Applications received from local governmental entities that have not returned to the Department any unexpended or unaccounted-for funds from prior year grants shall be rejected by the Department and Review Committee.  Applications from local governmental entities that have not met their obligations under the terms of any previous grant agreements for funds under this Rule or authorizing legislation shall also be rejected by the Department and Review Committee.

(g) Awarded grant funds shall be administered pursuant to a written finanical assistance agreement between the Department and recipient, upon approval of the application by the Review Committee. 

(h) All expenditures of Council grant funds must comply with the terms and conditions of the grant award and be expended in a manner approved by the Council or Review Committee.

(i) Rapid funds disbursement. The Review Committee and Department shall employ rapid funds disbursement procedures for violent crime investigative assistance and emergency funding as authorized in section 943.031(6).

(3) Allowable costs and limitations on use of funds. 

1. Allowable costs for violent crime and drug control investigative assistance and emergency grant programs are case-related investigative expenses, salary and overtime for offices and employees directly linked to a funded investigation and other expenses related to investigations approved by the Council. 

2. Allowable costs for violent crime emergency trial-related funding are limited to extraordinary violent crime trial-related expenses and salary overtime payments. Such funding shall not include the payment of salaries for permanent employees, or the purchase of furnishings and equipment. Examples of extraordinary trial-related expenses include expert witness fees, travel expenses of witnesses, extraordinary security measures, and salary payments to temporary security personnel under contractual agreements.

(c) Funding provided by the Council shall not be used to supplant, take the place of, or substitute for existing appropriations of state and local law enforcement agencies and units of government.

(d) Matching funds of ten percent cash or in-kind shall be required for all Council grant programs.

(e) 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.

(f) No law enforcement agency as defined herein may receive more than $200,000 in Council funds during the agency’s fiscal year.

(g) Payment of overtime with Council funds shall not exceed $10,000 per officer or employee dedicated to the funded investigative effort.

(h) As used herein, “beyond the resources” means that the expenses claimed by the agency seeking emergency funding assistance under this section are so extraordinary that they currently jeopardize the requester’s ability to provide the services or duties required by law or have caused the requestor to terminate providing a service it would otherwise not be providing, and that the requester has demonstrated to the Council that all reasonable alternatives for funding the claimed expenses within the requesting agency’s current fiscal year have been exhausted.

(4)  Recipients of Council violent crime or drug control investigative assistance or emergency funding shall:

(a) Designate a lead investigative agency that will serve as the liaison between the Council and the participating agencies for the purposes of coordinating the collection of information and in disbursing funds approved by the Council.

(b) Each participating agency shall agree to promptly provide requested information to the Council, to provide regular performance reports and information related to funded investigations as required by the Council, retain documentation and proof of expenditures or personnel efforts as may be required by the Council, and submit to any audit or review of the use of received funds as may be required by the Council.

(c) 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.

(d) The lead agency shall verify and endorse both that agency match funding is available from the new agency and that all requirements will be fulfilled by the new agency.

(e) 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.

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

(1) To provide emergency supplemental funds to:

(a) State and local law enforcement agencies which are involved in complex and lengthy violent crime investigations, as provided for in subsection 11N-1.0021(1), F.A.C.

(b) State and local law enforcement agencies which are involved in violent crime investigations which constitute a significant emergency within the state, as provided for in subsection 11N-1.0021(2), F.A.C.

(c) Counties which demonstrate a significant hardship or an inability to cover extraordinary expenses associated with a violent crime trial, as provided for in subsection 11N-1.0021(3), F.A.C.

(2) To provide matching funding, as provided for in Rule 11N-1.0022, F.A.C., to multi-agency or statewide drug control 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 a significant illicit money laundering investigative effort; or

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

(5)(3) Application information, funding criteria, and dates of scheduled Violent Crime & Drug Control Council (Council) meetings can be found at http://www.fdle.state.fl.us/vcdcc/VCDCC.htm.

Rulemaking 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-1.0021 Criteria for Violent Crime Investigative Assistance Reimbursement and Emergency Funding.

(1) Eligibility and compliance. Applicants shall meet and comply with eligibility, application, limitations, instructions, and requirements as set forth in the grant guidelines as approved by the Council for this program and published on the Council website at http://www.fdle.state.fl.us/VCDCC/VCDCC-Home.aspx.

(2) Purpose for violent crime investigative funding.  Provide financial assistance to local and state law enforcement agencies involved in complex and lengthy violent crime investigations.  In determining whether requests from state and local law enforcement agencies relate to involvement in a complex and lengthy violent crime investigation, the Council shall consider whether:

(a) The crime under investigation involves multiple victims;

(b) The crime resulted in the death or serious bodily injury to one or more victims;

(c) The crime appears to be part of a pattern of serial or interrelated criminal events; or

(d) The crime evidences a heinous, wicked, or grossly disturbing method of commission; and shall consider the nature and extent of complexity and length of the investigative efforts and whether the expenses claimed are beyond the resources of the investigative agency or agencies making the request for funding, as defined in subsection (4) of this section.

(3)(2) In determining whether requests from state and local law enforcement agencies relate to a violent crime investigation which constitutes a significant emergency within the state, the Council shall consider whether:

(a) The nature and extent of the crime produces a heightened concern within the state for the safety and well-being of Florida’s citizens and visitors;

(b) The crime is thought to involve one or more perpetrators who have traveled from one state or local jurisdiction to another committing similar or pattern crimes;

(c) The crime is such that absent successful apprehension and prosecution of the perpetrator, Florida’s reputation for being a safe recreational, occupational, and residential location is being jeopardized or is suffering significant deterioration; and the expenses claimed are beyond the resources of the investigative agency or agencies making the request for funding.

(3) In determining whether a county has demonstrated a significant hardship or inability to cover extraordinary expenses associated with a violent crime trial, the Council shall consider whether:

(a) The expenses claimed as extraordinary expenses associated with a violent crime trial are such as to have been reasonably unpredictable, in that at the time its current budget was finalized, the county could not have anticipated and did not anticipate the claimed expenses in meeting its general obligations to the criminal justice system;

(b) Reasonable witness related expenses associated with a violent crime trial (such as travel and lodging expenses) have exceeded or are anticipated to exceed those incurred for similar trials in the trial’s geographic location;

(c) Special security needs associated with a violent crime trial have generated expenses or are anticipated to generate expenses not regularly incurred in providing security for similar trials in the geographic location;

(d) A change of venue or jury selection or sequestration needs associated with a violent crime trial have generated expenses or are anticipated to generate expenses not regularly incurred for similar trials in the geographic location; and the extraordinary expenses claimed are beyond the resources of the county making the request for funding.

(4) As used herein, “beyond the resources” means that the expenses claimed by the agency seeking emergency supplemental funding under this section are so extraordinary that they currently jeopardize the requester’s ability to provide the services or duties required by law or have caused the requestor to terminate providing a service it would otherwise not be providing, and that the requester has demonstrated to the Council that all reasonable alternatives for funding the claimed expenses within the requesting agency’s current fiscal year have been exhausted.

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 11-5-02,_____.

 

11N-1.0022 Criteria for Drug Control Investigative Assistance and Emergency Funding.

(1) Eligibility and compliance. Applicants shall meet and comply with eligibility, application, limitations, instructions, and requirements as set forth in the grant guidelines as approved by the Council for this program and published on the Council website at http://www.fdle.state.fl.us/VCDCC/VCDCC-Home.aspx.

(2) Purpose for drug control investigative funding.  Provide financial assistance to local and state law enforcement agencies involved in complex and lengthy drug control investigations.  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)(1) Significantly contribute to achieving the state’s goal of reducing drug-related crime as articulated by the Office of Drug Control;

(b)(2) Represent a significant illicit money laundering investigative effort; or

(c)(3) Otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council, and adhering to the following criteria shall be considered: approved by the Council in the grant program solicitation.

(a) Mandatory Factors:

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

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

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

4. The operation to be investigated has, or is reasonably believed to have, a structure that directs, finances, and engages in illegal drug trafficking and related crimes (such as money-laundering, tax violations, corruption of public officials and employees, illegal immigration, weapons violations, 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,

5. The proposed investigative effort demonstrates a specific strategy:

a. To achieve successful prosecutions of those within the organization who hold a position of organizer, supervisor, or any other position of management or who obtains substantial assets or resources from the illegal acts of the operation being investigated as they may become identified; and,

b. To utilize a multi-agency and cross-discipline approach to disrupt and dismantle the criminal operation, such as licensure action, charter revocation, regulatory sanctions and tax assessments.

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

7. 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 organization 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 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 organization to maximize the success of the investigative effort.

8. The proposed investigative effort shall provide that all known targets in a drug 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 targets becoming known after application to the Council or after funding by the Council or both shall be promptly entered into “InSite.” All drug seizures related to drug control 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.

(b) Non-Mandatory Factors Enhancing the Significance of the Proposed Effort:

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

2. The activities of the operation are primarily associated with, and the investigative plan focuses upon, the illicit trafficking of cocaine, heroin, or other controlled substances of current major state concern, including substances commonly referred to as “rave drugs” or “designer drugs” such as “Ecstasy” (3-4 methylenedioxymethamphetamine “MDMA”), gamma hydroxy butyrate (“GHB”), methamphetamine (“Meth”), lysergic acid diethylamide (“LSD”); and other substances;

3. The proposed investigative plan has identified the types and methods of money laundering 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;

4. The operation 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 organization;

5. Persons in the operation under investigation are, upon successful prosecution, likely to receive sentences involving substantial terms of incarceration in state or federal prisons (as specified in Section 893.135, F.S., or Title 21, U.S.C. for drug trafficking offenses), paying a substantial fine (as specified in Section 893.135, F.S., or Title 21, U.S.C., for drug trafficking offenses), or both;

6. 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;

7. The operation under investigation is such that if investigation and prosecutions are successful it is likely that seizures or reductions in trafficking quantities of illegal controlled substances within the State of Florida will result; or

8. The proposal presents an innovative plan with a likelihood of success for addressing a significant drug trafficking organization. In determining what constitutes a significant drug trafficking organization, the Council shall, in conjunction with its review of factors found at paragraph 11N-1.0022(1)(c), F.A.C., consider the following factors related to the organization under investigation as may be demonstrated in the request:

a. The trafficking amounts of illicit controlled substances believed to be involved in the organization’s activities;

b. The amounts of currency or other means of exchange, and the amount of money laundering activity as prohibited by Chapter 896, F.S., Title 18 or 31, U.S.C., that are believed to be involved in the organization’s activities;

c. The number of persons believed to be involved in the organization’s illicit activities;

d. The regional, statewide, national, or multi-national impact expected to occur if the investigation successfully disrupts the organization under investigation;

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

f. Known or suspected links of the organization 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;

g. The numbers of users of illicit controlled substances whose source of supply to such estimated substances will be curtailed or restricted if the investigation successfully disrupts the organization under investigation; and,

h. The contraband, as defined in Section 932.701, F.S., or Title 18, 21, or 31, U.S.C., believed to be subject to forfeiture if the investigation is successful.

Rulemaking 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,                   .

 

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

Rulemaking 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, Repealed                      .

 

11N-1.0031 Limitations on Drug Control Investigative Funding.

Rulemaking 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, Repealed                      .

 

11N-1.004 Procedures for Emergency Violent Crime Investigative Funding.

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 8-22-00, 10-25-01, 12-3-03, 3-21-07, 6-9-08, Repealed                    .

 

11N-1.005 Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding.

Rulemaking 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, 3-27-06, 3-21-07, 6-9-08, Repealed                   .

 

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

Rulemaking 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, Repealed                 .

11N-1.006 Contributions.

Rulemaking 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, Repealed                    .

 

11N-1.008 Active Criminal Investigative and Active Criminal Intelligence.

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Repealed 5-21-12.

 

11N-1.009 Victim/Witness Protection Program.

 

Rulemaking Authority 943.03(4) FS. Law Implemented 943.031(6), 914.25 FS. History–New 12-3-03, Amended 3-27-06, 3-21-07, 6-9-08, Repealed                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Sherry Gomez

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2018