Notice of Variances and Waivers

Office of Inspector General
11N-1.0051: Procedures for Funding Requests for Drug Control Investigative Funding
The Violent Crime and Drug Control Council hereby gives notice:
that on October 13, 2011, the Violent Crime and Drug Control Council has issued an order.
On September 20, 2011, the Violent Crime and Drug Control Council received a petition for a permanent waiver of subsection 11N-1.0051(15), F.A.C., by the Fort Lauderdale Police Department. Subsection 11N-1.0051(15), F.A.C., forbids the use of Council moneys by grant recipient agencies to buy equipment. Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 37, No. 37 on October 7, 2011.
On October 12, 2011, at its regularly scheduled business agenda meeting held via telephone conference from Tallahassee, Florida, the Council found that the Petitioner’s situation is not unique. The Petitioner failed to demonstrate that the strict application of the Council’s rules in this case would violate the principles of fairness. The Petitioner bought the equipment at issue with Council funds knowing that Council funding was not authorized for the purchase of equipment. The Council found that the purposes of the underlying statute, to ensure that the Council distributes grants in accord with its rules and that grantees use the funds in accord with Council rules, will not be met by granting this waiver request. The Commission denied the Petitioner’s waiver.
A copy of the Order or additional information may be obtained by contacting:
Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32327 or by telephoning (850)410-7676.