Notice of Development of Rulemaking

DEPARTMENT OF HEALTH
Division of Family Health Services
RULE NO: RULE TITLE
64F-20: RAPE CRISIS PROGRAM TRUST FUND
64F-20.001: Distribution of Funds from the Rape Crisis Program Trust Fund
64F-20.002: Criteria for Distributing Monies
PURPOSE AND EFFECT: The Department proposes to review the existing language in this chapter to determine if amendments and/or new rules are necessary.
SUBJECT AREA TO BE ADDRESSED: The new rules and/or rule amendments will address all aspects of the Rape Crisis Program Trust Fund, including distribution of funds to the state wide non-profit organization and other recipients of such funds.
SPECIFIC AUTHORITY: 794.056(2), 120.535 FS.
LAW IMPLEMENTED: 794.056(2), 120.535 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 23, 2007, 1:30 p.m. – 3:30 p.m.
PLACE: Doubletree-Tampa Westshore Airport, 4500 West Cypress Street, Tampa, Florida 33607
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Elvira Hanson, Contract Manager, Family Health Services, 4052 Bald Cypress Way, Bin A-13, Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64F-20.001 Distribution of Funds from the Rape Crisis Program Trust Fund Distribution.

The department shall contract through a competitive process pursuant to Chapter 287, F.S., with statewide nonprofit association(s) as described in Section 794.055, F.S.

Rape Crisis Trust Fund monies allocated to the statewide nonprofit association shall be distributed to rape crisis centers (RCCs) located throughout Florida that apply and are approved for funding. Duties of the statewide nonprofit association described in this chapter shall be carried out subject to Department approval.

Specific Authority 794.056(2) FS. Law Implemented 794.056 794.055 FS. History–New 8-31-04, Amended_______.

 

64F-20.002 Criteria for Distributing Monies.

(1) Certification Criteria.

(a) Certification Criteria – The statewide nonprofit association shall develop criteria for certifying RCCs. The Department shall review and approve or disapprove the criteria. These criteria shall be subject to Department modification.

(b) Evaluation Team – The statewide nonprofit association shall establish an independent review team comprised of a minimum of five members able to sign a conflict of interest form to evaluate and score the applications for certification. The Department shall approve or disapprove the independent review team.

(c) Appeals Process – The statewide nonprofit association shall establish an appeals process. The Department has final resolution authority.

(d) Technical Assistance – The statewide nonprofit association shall provide technical assistance to all RCCs receiving Trust Fund monies to ensure the enhancement and provision of sexual battery recovery services. The Department shall approve the technical assistance plan.

(e) Corrective Action Plan – The statewide nonprofit association shall develop corrective action plans for RCCs denied funding. The statewide nonprofit association shall ensure implementation of the corrective action plan(s) through collaboration with the RCCs. The Department shall approve the corrective action plans.

(2) Funding Criteria.

(a) Funding Criteria – The statewide nonprofit association in collaboration with the Florida Department of Health Sexual Violence Prevention Program shall develop criteria for funding in a funding application. Before the application may be published or posted, the Department must approve the funding application.

(b) Notice – At least 120 days prior to the funding application due date the statewide nonprofit association shall make RCCs and stakeholders in Florida aware that Trust Fund monies are available. This includes but is not limited to: posting the funding application and calendar of events on a website, newsletters or mailings. The Department shall approve the notification process prior to publication or distribution.

(c) Evaluation – The statewide nonprofit association shall establish an independent review team comprised of a minimum of five members able to sign a conflict of interest form to evaluate and score the applications for funding. The Department shall approve or disapprove of the independent review team. Final approval of funding applications and award of funds shall be made by the Department via a contract with the statewide nonprofit association.

(d) Eligibility – Rape crisis centers located within the state of Florida may apply for Rape Crisis Trust Funds. Certification by the statewide nonprofit association does not ensure funding. If certified, there must be written documentation to support that the entity has met all the standards and criteria for certification.

(e) Funding Formula – The statewide nonprofit association shall develop an allocation funding formula. The Department shall review and approve or disapprove the allocation funding formula.

(f) Distribution – The Department shall retain 5 percent of the funds deposited into the Trust Fund. The statewide nonprofit association shall distribute a minimum of 80 percent of their Trust Fund monies to RCCs and each RCC shall use no more than 5 percent of its funding for administrative purposes. The statewide nonprofit association shall use no more than 15 percent of their funds for statewide initiatives and no more than 5 percent for administrative costs.

Specific Authority 794.056(2) FS. Law Implemented 794.056 FS. History–New________.