Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
State Technology Office
RULE NO: RULE TITLE
60DD-1.003: Rural County Grant and Medium County Loans
PURPOSE AND EFFECT: The purpose of the rule is to implement statutory changes and clarify existing board practices. The effect of the rule will be to create current rule language and clarify existing board practices.
SUMMARY: The rule creates current rule language and clarifies existing board practices.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 365.172(6)(a)12., 365.173(2)(c), 365.172(6)(a)3 FS.
LAW IMPLEMENTED: 365.173(2)(c), 365.172(6)(a)3 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, State of Florida Wireless 911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida, 32399-0950.

THE FULL TEXT OF THE PROPOSED RULE IS:

60DD-1.003 Rural County Grant and Medium County Loans.

The Wireless 911 Rural County Grant and medium County Loan program provides grants to rural counties and no-interest loans to medium counties for the purpose of assisting counties with the Phase II upgrades of Enhanced 911 systems.  The Wireless 911 Board can institute this grant and loan program with service provider disbursement funds that have not been requested by submitted sworn invoices as provided in 365.172(6)(a)(3), F.S.  Funds will be returned to the Services Provider portion of the Wireless 911 Fund through a delay in changing the percentage distribution formula

(1) Eligibility.  Any county with a population of fewer than 75,000 as defined by Section 365.172(3)(y), F.S. is eligible to apply for a grant.  Medium counties with a population of 75,000 or more but less than 750,000 as defined by Section 365.172(3)(q), F.S. are eligible to apply for a no-interest loan.  Population levels are determined per the most recently published Florida Association of Counties’ Directory.  The county must be currently assessing the full $0.50/month wireline fee provided in Section 365.171(13)(a)1, F.S.

(2) General conditions.

(a) Each county applying for Rural County Grant and Medium County Loan funds shall complete and submit W Form 2A.  “Application for the Wireless 911 Rural County Grant and Medium County Loans Program.”  Effective 6/30/2005, which is incorporated herein by reference and which may be obtained from the Wireless 911 Board office at the following address:

ATTN: Administrative Assistant

4050 Esplanade Way

Building 4030 - Suite 335V

Tallahassee, Florida 32399-0950.

The applicant must provide the original grant application postmarked or delivered to the Boards Office on or before September 1, 2005

(b) Application for grants or loans for each item over $25,000 must be accompanied by at least three written competitive quotes.  The Wireless 911 Board will compare the three quotes to any existing state contract in order to determine appropriate funding.  Sole source funding will be considered on a case-by-case basis.  Justification and documentation for sole-source funding must be provided with this application.

(c) Priorities for awarding of grants and loans will be determined by the Board.  The grant and loan priority list is provided in Appendix I of the grant and loan application.

(d) No grant or loan money will be awarded to be used for the purpose of funding salary requests or paying call-takers’ salaries.

(e) Replacement of items necessary to maintain E911 (including Phase II) will be funded as part of this grant and loan program.  These items are available to rural counties through the Rural County Grant program.

(f) Two or more rural counties may apply for a joint grant, but each county must complete and submit W Form 2A as request and indicated.

(g) Grant and loan funds shall be deposited in a bank account maintained by the grantee county, and each grant and loan shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures.  All Wireless 911 Rural County Grant and Medium County Loan funds in the account shall be accounted for separately from other grantee funds.  Grant and loan 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 Wireless 911 Board.

(h) Counties must submit quarterly reports to the Wireless 911 Board, summarizing the expenditures and activities of the grant and loan 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 Report form, the updated form can be e-mailed to the Board’s administrative/technical staff.  A final report must be submitted to the Wireless 911 Board mo more than 45 days after completion of the grant or loan, detailing the activities, expenditures of the funds, and the ways in which the needs identified in the grant and loan application were met.  The final report must be accompanied by supporting documentation.

(i) Grant and loan funds are no transferable to any other entity.  If equipment purchased using grant and loan funds is sold or transferred within three (3) years of the end of the grant and loan period, the grantee county must return the grant and loan funds to the Wireless 911 Board on a pro-rata basis.

(j) The Wireless 911 Board will adjust the funds awarded to a county based upon eligibility of requested items, institutional knowledge of Board member , published quotes, increased effectiveness of grant and loan funds, minimum allowable specifications for performing the needed 911 function, or other documented factors.

(3) The medium county loans are no interest loans that shall be automatically paid back from the County’s monthly distribution of proceeds form the Wireless Fee as specified in 365.173(2)(a), F.S., unless repayment by another method is approved by the Board.  Medium counties applying for the loan shall provide demonstrable hardship information and include their proposed repayment timeframe as part of the grant and loan application.

(4) The Rural County Grant and Medium County Loan program will operate on the following schedule:

Counties submit applications: by September 1

Wireless 911 Board evaluates applications: September - October

Board votes on application at regularly scheduled meetings: October - November

Board sends notification of award: before November 30.

Specific Authority: 365.172(6)(a)12., 365.173(2)(c), 365.172(6)(a)(3)F.S.

Law implemented: 365.173(2)(c), 365.172(6)(a)3. F.S.

History – New            .


NAME OF PERSON ORIGINATING PROPOSED RULE: Wireless 911 Board.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Wireless 911 Board.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 7, 2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 12, 2005