14-98.005: Application and Award Procedures
14-98.008: Forms
PURPOSE AND EFFECT: Rule 14-98.005, F.A.C., is amended because of a revision to the Subgrant Application for Highway Safety Funds, Form 500-065-01, to incorporate updated versions of other incorporated documents that have been revised since the previous amendment. Rule 14-98.008, F.A.C., is being repealed and its incorporated forms are moved to Rule 14-98.005, F.A.C.
SUMMARY: Rule 14-98.005, F.A.C., is being amended, including updating the Subgrant Application for Highway Safety Funds, Form 500-065-01 and incorporating by reference other documents. Rule 14-98.008, F.A.C., is being repealed.
SUMMARY OF STATEMENT 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: 334.044(2) FS.
LAW IMPLEMENTED: 334.044(25) 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: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE FULL TEXT OF THE PROPOSED RULE IS:
14-98.005 Application and Award Procedures.
(1) The Department Safety Office (Office) will conduct an analysis of the traffic crash history of the state each year, based on the most currently available crash data from the Department of Highway Safety and Motor Vehicles, identifying those counties with the most severe traffic crash problems, in a Traffic Safety Matrix.
(2) The selection of subgrant recipients will be based, in part, on their position on the Traffic Safety Matrix for the particular type of highway safety problem. Data from the Department of Highway Safety and Motor Vehicles, pertinent local safety data, the Office’s annual observational survey of safety belt use, and past subgrant history will also be considered when selecting potential subgrant recipients.
(3) Only activities included in the Highway Safety Plan may be funded by the program.
(4)(3) To be eligible for funding, an applicant:
(a) Cannot have been funded for an activity in the same priority area of the Highway Safety Plan for more than three consecutive fiscal years. Agencies that have received funding in the same priority area for three consecutive years must wait one year before being eligible for highway safety grant funding in that priority area. The three-year limit shall not apply to statewide programs for training, coordination, evaluation, or public awareness.
(b) Cannot request funding that would supplant funds previously allocated or appropriated by the applicant for the same activity, nor can funding replace equipment previously purchased with local or federal funds.
(c) Shall not be eligible for funding if it has violated a condition of a previous subgrant.
(5)(4) The Office will provide, upon request, the Highway Safety Concept Paper, Form 500-065-17, Rev. 12/08, as well as information on how to prepare a concept paper for highway safety funding to any potential applicant. Concept papers will be accepted annually from January 1 through March 31 for the upcoming fiscal year. Concept papers must be post marked no later than March 31 to be considered for funding. The Office will formally acknowledge receipt of all concept papers.
(6)(5) The Office will review all concept papers for compliance with this rule and state and federal rules and regulations, hereby listed herein. (a) Federal. The following listed federal rules are incorporated by reference:
(a)1. 41 C.F.R., Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, Revised July 1, 2008 December 13, 2000.
(b)2. 49 C.F.R., Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Revised October 1, 2007 March 18, 1988.
(c)3. 49 C.F.R., Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, Revised October 1, 2007.
(d)4. 49 C.F.R., Part 20, New Restrictions on Lobbying, Revised October 1, 2007 February 26, 1990.
(e)5. 49 C.F.R., Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, Revised October 1, 2007 2001.
(f)6. 49 C.F.R., Part 29, Governmentwide Debarment Department and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), Revised October 1, 2007 May 26, 1988.
(g)7. 2 C.F.R., Part 220, OMB Circular A-21, Cost Principles for Educational Institutions (OMB Circular A-21), Revised January 1, 2008 8/8/00.
(h)8. 2 C.F.R., Part 225, OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87), Revised January 1, 2008 5/4/95, as Further Amended 8/29/97.
(i)9. OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments, August 29, 1997.(j) 10. 2 C.F.R., Part 215, OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110), Revised January 1, 2008 11/19/93, as Further Amended 9/30/99.
(k)11. 2 C.F.R., Part 230, OMB Circular A-122, Cost Principles for Non-Profit Organizations (OMB Circular A-122), January 1, 2008 June 1, 1998.
(l)12. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, June 27, 2003 30, 1997.
(m) Highway Safety Grant Funding Policy for NHTSA/FHWA Field Administered Grants, Revised July 24, 2007.
(n)13. 10 U.S.C. 2304(g), Armed Forces, Contracts: Competition Requirements, Armed Forces Procurement, January 3, 2006 1/23/00.
(o)14. 31 U.S.C. 3801 Definitions, Money and Finance, Administrative Remedies for False Claims and Statements The Program Fraud Civil Remedies Act of 1966, January 3, 2006 01/05/99.
(p)15. 33 U.S.C. 1251 Congressional Declaration of Goals and Policy, Navigation and Navigable Waters, Federal Water Pollution Prevention and Control Act, January 3, 2006.
(q)16. 41 U.S.C. 253(g) Competition Requirements, Public Contracts, Procurement Procedures Completion Requirements, January 3, 2006 01/05/99.
(r)17. 42 U.S.C. 7401 Congressional Finding and Declaration of Purpose, The Public Health and Welfare, Air Pollution Prevention and Control Clean Air Act, January 3, 2006 01/05/99.
(s)18. Executive Order 11246, Equal Employment Opportunity, September 24, 1965, as aAmended.
(t)19. Executive Order 11375, Amending Executive Order 11246, relating to Equal Employment Opportunity, October 13, 1967.
(b) State. The following Florida Statutes are listed for reference purposes:
1. Section 112.061, F.S.
2. Chapter 119, F.S.
3. Section 216.347, F.S.
4. Chapter 287, F.S.
5. Section 768.28, F.S.
(7)(6) Concept papers that comply with state and federal rules and regulations will be prioritized on the basis of:
(a) The Concept Paper Evaluation Form, FDOT Form 500-065-18, Rev. 01/02,
(b) Program subgrant history,
(c) The Traffic Safety Matrix, and
(d) Analysis of relevant crash data, citation data, and survey results.
(8)(7) One copy Two copies of the application form, Subgrant Application for Highway Safety Funds, FDOT Form 500-065-01, Rev. 09/08 09/05, will be sent to those applicants whose concept papers are selected for funding. Applicants whose concept papers were not selected for funding will be notified by the Office.
(9)(8) Applicants shall forward one copy of the completed agreement application and a minimum of three signature pages, containing all original signatures, to the Office.
(9) Each corporation not for profit applicant shall attach to its application a copy of its “certificate of status” from the Florida Department of State verifying its not for profit status, and a current financial statement which shows that it has funds equal to the amount of the subgrant award on deposit in a special account designated for project activities only.
(10) The Office shall review all applications and will reject any applications not meeting the requirements of these rules and applicable Federal and State laws, within ten working days of receipt of said applications. In the event that an applicant submits a Subgrant Application for Highway Safety Funds, FDOT Form 500-065-01, Rev. 09/05, for an activity that is not included in the Highway Safety Plan, the application shall be rejected. Failure to reject any application within ten days shall not result in the automatic award of a subgrant. All subgrants are subject to funds availability.
(10) Forms. The following forms used in the Highway Traffic Safety Program are hereby incorporated by reference:
(a) Subgrant Application for Highway Safety Funds – Form 500-065-01, Rev. 09/08.
(b) Statement of Highway Safety Project Costs – Form 500-065-04, Rev. 01/02.
(c) Summary Statement of Personnel Services Cost – Form 500-065-05, Rev. 01/02.
(d) Personnel Services Time Sheet – Form 500-065-06, Rev. 01/02.
(e) Detail of Costs – Form 500-065-07, Rev. 01/02.
(f) Non‑Expendable Property Accountability Record – Form 500-065-09, Rev. 12/08.
(g) Highway Safety Concept Paper – Form 500-065-17, Rev. 09/08.
Copies of these forms may be obtained by writing or calling the Florida Department of Transportation, State Safety Office, 605 Suwannee Street, MS-17, Tallahassee, Florida 32399-0450; telephone (850)245-1500.
(11) Notice of denial. Notice of the Office’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action to deny will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201, and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111. Provision of any notice, denial, revocation, or notice of Administrative Hearing Rights by the Department under this rule shall not constitute, or create, entitlement to an administrative hearing where such right does not otherwise exist.
Specific Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12‑30‑84, Amended 6‑10‑85, Formerly 9B‑32.05, 9B‑32.005, 11‑19‑89, Formerly 9G‑15.005, Amended 12-7-93, 11-29-94, 1-17-99, 4-16-02, 8-6-02, 11-2-03, 8-24-04, 1-17-06,________.
14-98.008 Forms.
Specific Authority 334.044(2),(25) FS. Law Implemented 334.044(25) FS. History–New 6-10-85, Formerly 9B-32.08, 9B-32.008, Amended 11-19-89, Formerly 9G-15.008, Amended 12-7-93, 6-14-94, 11-29-94, 4-16-02, 8-6-02, 11-2-03, 8-24-04, 1-17-06, Repealed __________.