Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
E911 Board
RULE NO.: RULE TITLE:
60FF1-5.003: E911 State Grant Programs
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to modify W Form 3A, “Application for the E911 State Grant Program”; to update the procedures for applying for the state grant program; and to renumber the rule accordingly.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to modify W Form 3A, “Application for the E911 State Grant Program”; to update the procedures for applying for the state grant program; and to renumber the rule accordingly.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
The following is a summary of the SERC:
• The proposed change would not have an adverse impact on economic growth, private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule.
• The proposed change would not have an impact on business competitiveness.
• Costs are limited to the calculation and processing costs for returning any excess funds.
• No effect on state or local revenue is expected.
• The proposed change is not expected to impact small business, small counties or small cities.
Additionally, it has been determined that the rule does not meet the threshold for ratification by the Legislature.
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: 365.172(6)(a)11. FS.
LAW IMPLEMENTED: 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ryan Butler, E911 Board, 4030 Esplanade Way, Suite 160Q, Tallahassee, Florida 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

60FF1-5.003 E911 State Grant Programs.

The E911 State Grant program is a grant program provided for the purpose of assisting State of Florida counties with the installation of Enhanced 911 (E911), Phase II and Next Generation 911 systems.

(1) No change.

(2) General conditions.

(a) Each county applying for E911 State Grant funds shall complete and submit W Form 3A, “Application for the E911 State Grant Program,” effective 3/1/2011 08/1/10, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address:

State of Florida E911 Board

ATTN: Administrative Assistant

4050 Esplanade Way

Building 4030 – Suite 160

Tallahassee, Florida 32399-0950

The applicant must provide one original of the pages for Application Form items 1 through 14 10 and the associated quotes for the grant application postmarked or delivered on or before June November 1.

(b) through (c) No change.

(d) Grant applications totaling $35,000.00 25,000.00 or more must be accompanied by at least three written substantiated competitive quotes from different vendors, unless a sole source request is approved in compliance with (e). The E911 Board will compare the three quotes to any existing state contract in order to determine appropriate funding. Any county that has made a good faith effort to obtain at least three competitive quotes and has not been able to obtain the quotes can request E911 Board review based on substantiated proof of request for quotes or posting of the request with documentation of the limited responses. Sole source funding will be considered on a case-by-case basis. Justification and documentation for sole source funding should be provided with the grant this application. Sole source funding will be approved if provided in accordance with Chapter 287, F.S., or with provision of a letter from the county’s purchasing department that the project is a sole source procurement based on the county’s purchasing requirements and it should be provided with this application.

(e) Sole source funding will be considered on a case-by-case basis. Justification for sole source funding shall be provided with the grant application. Sole source funding will be approved if provided in accordance with Chapter 287, F.S., or with provision of a letter from the county’s purchasing department that the project is a sole source procurement based on the county’s purchasing requirements, which should be provided with the grant application.

(e) through (g) renumbered (f) through (h) No change.

(i)(h) Grant funds shall be deposited in a bank account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All E911 State Grant funds in the account shall be accounted for separately from other grantee funds. Utilization of the earned interest funds shall be authorized through an approved Request for Change Form and expenditure documentation shall be included in the final report. Grant funds including accrued interest may be used only between the beginning and ending dates of the grant, unless an extension is requested and authorized by the E911 Board. Extension of time will not be granted unless the county has executed a contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twelve months of award. Grant extensions shall be limited to a maximum of one additional year when approved by the Board.

(j)(i) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and activities of the grant funds. The reports are due 30 days after the end of the reporting period, which ends March 31, June 30, September 30, and December 31. In lieu of submitting a signed quarterly Grant Budget/Expenditure and Quarterly Report form, the updated form can be e-mailed to the Board’s administrative/technical staff. The quarterly and final reports will be considered late if not received by the Board Staff prior to the next scheduled Board Meeting after the due date.

(k)(i) At project completion, a final report shall be submitted based on the same reporting periods described above. The County shall determine the final completion date based on the final payment date or the initiation date of the warranty period. Final supporting documentation including copies of all expenditures and corresponding invoices shall be submitted within 90 days of the final report.

(k) through (l) renumbered (l) through (m) No change.

(n)(m) Grant awards will be withheld for any county that has a grant with a past-due quarterly report or past-due final documentation and closeout, of previous E911 Board board grant awards.

(o)(n) No change.

(p)(o) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The E911 Board will adjust the amount awarded to a county based upon the availability of funds, eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State E911 plan, or documented factors provided in the grant application submission.

(3)(a) No change.

(b) Schedule:

1. Counties submit applications: by June November1;

2. E911 Board evaluates applications: June November – December;

3. Board votes on applications at regularly scheduled meetings: June November – December;

4. Board sends notification of award and issuance of checks to counties approved for funding before December January 30;

5. through 6. No change.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS. History– New 12-7-08, Amended 10-27-10, Formerly 60FF-5.003, Amended                 _________.


NAME OF PERSON ORIGINATING PROPOSED RULE: E911 Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 29, 2011