Florida Regulations 5B-40.010: Endangered and Threatened Native Flora Conservation Grants Program
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(1) The Division of Plant Industry shall be responsible for the administration of all aspects of the Endangered and Threatened Native Flora Conservation Grants Program, including the application process, the award of grant funds, and the monitoring of awarded grants to completion.
(2) Source of Grant Funds. The Division of Plant Industry shall award grants from funds appropriated by the Florida Legislature or contributed from any other public or private source as approved by the department, pursuant to Florida Statutes § 585.185, and Rule Fl. Admin. Code Chapter 5B-40
(3) Activities Eligible for Funding.
(a) Activities which are eligible to receive Endangered and Threatened Native Flora Conservation grant funding are activities which provide recognition of those native flora to the state that are endangered and threatened; and activities that encourage the protection, curation, propagation, reintroduction, and monitoring of native flora that are identified as endangered or threatened.
(b) Activities eligible to receive state funds shall be supported with additional matching funds documented by the applicant.
(4) Application Requirements.
(a) Applications for grants from the Endangered and Threatened Native Flora Conservation Grants Program shall be signed by the person or persons with legal authority to obligate the applicant and shall be made on an Endangered and Threatened Native Flora Conservation Grants Application FDACS-08271, Revised 10/14, incorporated herein by reference, and which may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05663.
(b) Applications designed as joint proposals involving more than one entity will be eligible only if all entities requesting funding individually meet the definition of eligible applicant.
(c) The division shall reserve the right to request additional information on, or clarification of, any application which is submitted. Such requests shall be made to the applicant by letter, or by telephone call confirmed by letter, within 30 days of receipt of the application by the division and shall indicate the date of the public council meeting for which the information or clarification is needed.
(d) Applications shall be submitted to the division to the attention of the Endangered and Threatened Native Flora Grants Program and shall include the original and ten copies.
(e) The division shall annually publish a notification of grant application deadlines in the Florida Administrative Register. This notification shall include a mailing address and telephone number through which application forms and additional information may be obtained.
(5) Application Review.
(a) Upon receipt of grant applications, the division shall review each application for completeness and eligibility according to the deadline for which it is intended. Each application shall be given an application number.
(b) The division shall send to each member of the council a copy of each eligible application for members to review all applications prior to the council convening in a public meeting for the purpose of considering the same applications.
1. The division shall indicate to the council members an opinion as to whether or not the applicant and project are eligible for funding.
2. The division shall make the council aware of any additional information or clarification requested from an applicant.
(c) The council shall convene in a public meeting to review and evaluate all eligible applications for Endangered and Threatened Native Flora Grants Program funding.
1. The council shall meet to consider applications for grant assistance on or before November 30 of each year.
2. The division shall publish a notification in the Florida Administrative Register the time and place of the meeting and where a copy of the agenda may be obtained.
(d) The council shall evaluate each application on the basis of the proposed project, the prospective grantee, and the public purpose of the project. The applicant must successfully document that it meets the evaluation standards specified in the Endangered And Threatened Native Flora Conservation Grants Application, FDACS-08271, Revised 10/14.
(e) The council shall develop a priority listing of all project applications by ranking each project relative to the others and shall recommend funding levels and any appropriate special conditions for each individual project.
(f) The recommendations of the council shall be submitted by the division to the commissioner for concurrence and approval and shall include a ranking of each project and recommended funding levels.
(g) The division shall prepare a final priority listing of all project applications with an associated funding level, (including any appropriate special conditions for each individual project), and shall notify all applicants in writing of the final decision on the priority order and funding level of their respective project applications.
(h) The department shall submit the final priority listing of all recommended projects along with recommended funding levels to the Governors Office of Planning and Budgeting, the Speaker of the House, the President of the Senate, and respective Chairman of the House and Senate appropriations committees.
(i) Upon receipt of legislative appropriations for the Endangered and Threatened Native Flora Grants Program, grant funds shall be awarded in accordance with the final priority listing of applications considered for grant assistance unless otherwise provided by the Legislature.
(6) Grant Award Contract.
(a) All grant awards which have been approved in accordance with subsection 5B-40.010(5), F.A.C., of this rule shall be made by formal grant award contract.
(b) The grant award contract shall be prepared by the division and shall contain by reference all regulations, rules, and other conditions governing the grant award. No other requirements shall be imposed upon the grantee by the division except in accordance with any subsequent contract amendment authorized by the division.
(c) The grant award contract shall include the following specific provisions:
1. Grantee shall meet the definition of eligible applicant.
2. Identification of the project by name and by project number assigned by the division.
3. A statement of the maximum amount of grant funds allocated to the project.
4. A description of the scope and nature of the project work for which grant assistance is authorized.
5. A statement of the format, schedule, and information content of project progress reports to be submitted to the division.
6. A statement of all applicable accounting and audit requirements.
(d) The department is authorized to award grant funds in advance for programs for which grants are issued.
(7) Accounting Requirements.
(a) Each grant recipient shall cause an annual postaudit to be conducted by an independent certified public accountant. The annual audit report must be submitted to the department for review.
(b) The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for:
1. Accurate, current, and complete disclosure of the financial results of the grant.
2. Records that adequately identify the sources and application of funds for all activities related to the grant.
3. Accounting records that are supported by source documentation. These records shall be retained for a period of three years after the end of the grant period and longer if any litigation pertaining to the grant is initiated during the three year period following the grant.
(8) Termination.
(a) Unless awarded otherwise, project grants shall be terminated by the final disbursement of allocated funds following satisfactory completion of the project work.
(b) The division shall reserve the right to terminate the project grant for failure of the grantee to comply with the provisions of the grant award contract.
(c) Funds remaining in any grant allocation as a result of early termination of a project grant or from completion of the project at less than anticipated costs shall revert to the division.
Rulemaking Authority Florida Statutes § 570.07(23), 581.185(11) FS. Law Implemented 570.07(13), 581.185(11) FS. History-New 1-7-98, Amended 10-5-98, 9-20-00, 8-20-15.
Terms Used In Florida Regulations 5B-40.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(3) Activities Eligible for Funding.
(a) Activities which are eligible to receive Endangered and Threatened Native Flora Conservation grant funding are activities which provide recognition of those native flora to the state that are endangered and threatened; and activities that encourage the protection, curation, propagation, reintroduction, and monitoring of native flora that are identified as endangered or threatened.
(b) Activities eligible to receive state funds shall be supported with additional matching funds documented by the applicant.
(4) Application Requirements.
(a) Applications for grants from the Endangered and Threatened Native Flora Conservation Grants Program shall be signed by the person or persons with legal authority to obligate the applicant and shall be made on an Endangered and Threatened Native Flora Conservation Grants Application FDACS-08271, Revised 10/14, incorporated herein by reference, and which may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05663.
(b) Applications designed as joint proposals involving more than one entity will be eligible only if all entities requesting funding individually meet the definition of eligible applicant.
(c) The division shall reserve the right to request additional information on, or clarification of, any application which is submitted. Such requests shall be made to the applicant by letter, or by telephone call confirmed by letter, within 30 days of receipt of the application by the division and shall indicate the date of the public council meeting for which the information or clarification is needed.
(d) Applications shall be submitted to the division to the attention of the Endangered and Threatened Native Flora Grants Program and shall include the original and ten copies.
(e) The division shall annually publish a notification of grant application deadlines in the Florida Administrative Register. This notification shall include a mailing address and telephone number through which application forms and additional information may be obtained.
(5) Application Review.
(a) Upon receipt of grant applications, the division shall review each application for completeness and eligibility according to the deadline for which it is intended. Each application shall be given an application number.
(b) The division shall send to each member of the council a copy of each eligible application for members to review all applications prior to the council convening in a public meeting for the purpose of considering the same applications.
1. The division shall indicate to the council members an opinion as to whether or not the applicant and project are eligible for funding.
2. The division shall make the council aware of any additional information or clarification requested from an applicant.
(c) The council shall convene in a public meeting to review and evaluate all eligible applications for Endangered and Threatened Native Flora Grants Program funding.
1. The council shall meet to consider applications for grant assistance on or before November 30 of each year.
2. The division shall publish a notification in the Florida Administrative Register the time and place of the meeting and where a copy of the agenda may be obtained.
(d) The council shall evaluate each application on the basis of the proposed project, the prospective grantee, and the public purpose of the project. The applicant must successfully document that it meets the evaluation standards specified in the Endangered And Threatened Native Flora Conservation Grants Application, FDACS-08271, Revised 10/14.
(e) The council shall develop a priority listing of all project applications by ranking each project relative to the others and shall recommend funding levels and any appropriate special conditions for each individual project.
(f) The recommendations of the council shall be submitted by the division to the commissioner for concurrence and approval and shall include a ranking of each project and recommended funding levels.
(g) The division shall prepare a final priority listing of all project applications with an associated funding level, (including any appropriate special conditions for each individual project), and shall notify all applicants in writing of the final decision on the priority order and funding level of their respective project applications.
(h) The department shall submit the final priority listing of all recommended projects along with recommended funding levels to the Governors Office of Planning and Budgeting, the Speaker of the House, the President of the Senate, and respective Chairman of the House and Senate appropriations committees.
(i) Upon receipt of legislative appropriations for the Endangered and Threatened Native Flora Grants Program, grant funds shall be awarded in accordance with the final priority listing of applications considered for grant assistance unless otherwise provided by the Legislature.
(6) Grant Award Contract.
(a) All grant awards which have been approved in accordance with subsection 5B-40.010(5), F.A.C., of this rule shall be made by formal grant award contract.
(b) The grant award contract shall be prepared by the division and shall contain by reference all regulations, rules, and other conditions governing the grant award. No other requirements shall be imposed upon the grantee by the division except in accordance with any subsequent contract amendment authorized by the division.
(c) The grant award contract shall include the following specific provisions:
1. Grantee shall meet the definition of eligible applicant.
2. Identification of the project by name and by project number assigned by the division.
3. A statement of the maximum amount of grant funds allocated to the project.
4. A description of the scope and nature of the project work for which grant assistance is authorized.
5. A statement of the format, schedule, and information content of project progress reports to be submitted to the division.
6. A statement of all applicable accounting and audit requirements.
(d) The department is authorized to award grant funds in advance for programs for which grants are issued.
(7) Accounting Requirements.
(a) Each grant recipient shall cause an annual postaudit to be conducted by an independent certified public accountant. The annual audit report must be submitted to the department for review.
(b) The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for:
1. Accurate, current, and complete disclosure of the financial results of the grant.
2. Records that adequately identify the sources and application of funds for all activities related to the grant.
3. Accounting records that are supported by source documentation. These records shall be retained for a period of three years after the end of the grant period and longer if any litigation pertaining to the grant is initiated during the three year period following the grant.
(8) Termination.
(a) Unless awarded otherwise, project grants shall be terminated by the final disbursement of allocated funds following satisfactory completion of the project work.
(b) The division shall reserve the right to terminate the project grant for failure of the grantee to comply with the provisions of the grant award contract.
(c) Funds remaining in any grant allocation as a result of early termination of a project grant or from completion of the project at less than anticipated costs shall revert to the division.
Rulemaking Authority Florida Statutes § 570.07(23), 581.185(11) FS. Law Implemented 570.07(13), 581.185(11) FS. History-New 1-7-98, Amended 10-5-98, 9-20-00, 8-20-15.