Section 27PER24-1 - Florida Nonprofit Security Grant Program(1) The Florida Nonprofit Security Grant Program is designed for nonprofit organizations, including houses of worship, schools, museums, and community centers, that are at high risk for violent attacks or hate crimes. The grant may be used to address critical infrastructure equipment and technology needs as it relates to building security and the safety of attendees and staff.(2) For purposes of this rule, the term: (a) "Adoption" means a resolution, ordinance or other formal action taken by the governing body of a county or municipality indicating an agreement.(b) "Application" means the request for FL-NSGP funding as submitted to the Division of Emergency Management (Division or FDEM) by an Applicant.(c) "Applicant" means a nonprofit organization requesting FL-NSGP funding.(d) "Assessment" means the FL-NSGP Vulnerability Assessment Worksheet.(e) "Authorized Organization Representative" means the individual, named by the applicant organization, who is authorized to act for the applicant and to assume the obligations imposed by The Florida Division of Emergency Management.(f) "CISA" means the Cybersecurity & Infrastructure Security Agency.(g) "DEMES" means Division of Emergency Management Enterprise Solutions.(h) "DHS" means the Department of Homeland Security.(i) "Division" means the Florida Division of Emergency Management.(j) "FL-NSGP" means Florida Nonprofit Security Grant Program.(k) "Hate Crime" means a criminal act, that is motivated by prejudice on the basis of race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim.(m) "IRS" means Internal Revenue Service.(n) "Milestone" means a specific point within the project's life cycle used to measure the progress toward the completion of the project.(o) "NSGP" means the DHS Nonprofit Security Grant Program.(p) "Recipient" means the entity receiving FL-NSGP funding.(3) The amount and availability of funds allocated each year is subject to an annual appropriation by the Florida Legislature.(4) An applicant that is not in compliance with the terms of a prior award shall not be eligible for additional awards until the issue or issues that are not in compliance are brought into compliance with the terms of the prior award.(5) Eligible nonprofit organizations are those organizations that are:(a) Described under section 501(c)(3) of the Internal Revenue Code of 1986 (IRC) and exempt from tax under section 501(a) of such code.1. The Internal Revenue Service (IRS) does not require certain organizations such as churches, mosques, and synagogues to apply for and receive a recognition of exemption under section 501(c)(3) of the IRC. Such organizations are automatically exempt if they meet the requirements of section 501(c)(3).2. For organizations that the IRS requires to apply for and receive a recognition of exemption under section 501(c)(3), documentation of the organization's exemption status must be submitted in the Florida Nonprofit Security Grant Program (FL-NSGP) Application (Form Number FL-NSGP-01) (effective November 20, 2023). This form is available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, or online at https://www.floridadisaster.org/dem/preparedness/grants-unit/.(b) Able to demonstrate that the organization is at high risk for violent attacks or hate crimes by completing the Florida Nonprofit Security Grant Program (FL-NSGP) Vulnerability Assessment Worksheet (Form Number FL-NSGP-02) (effective date November 20, 2023). This form is available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, or online at https://www.floridadisaster.org/dem/preparedness/grants-unit/.(6) The final beneficiary of the FL-NSGP grant award must be an eligible nonprofit organization and cannot be a for-profit entity or fundraising extension of a nonprofit organization. Any applications on behalf of a for-profit entity or nonprofit fundraising extension will not be considered.(7) An application submitted by an otherwise eligible entity may be deemed ineligible when the person that submitted the application is not:(a) a current employee, personnel, official, staff or leadership of the nonfederal entity; and(b) duly authorized to apply for an award on behalf of the entity at the time of application. Further, the Authorized Organization Representative must be a duly authorized current employee, personnel, official, staff or leadership of the Recipient and provide an email address unique to the Recipient at the time of application and upon any change in assignment during the period of performance. the Recipient must notify the Division within thirty (30) days of the change in assignment. Consultants or contractors of the recipient are not permitted to act as Authorized Organization Representative for the Recipient.
(8) Additional requirements for eligible applicants: (a) Awarding of grant funds to an owner of a facility for hardening security measures.(b) Awarding of grant funds to an owner or a renter of a facility for nonhardening security measures(c) Establishing the need for grants funds to be awarded to an owner or a renter of a facility that has been operational for a period of at least six (6) months(9) Examples of noneligible organizations under FL-NSGP include, but are not limited to: (b) For-profit transportation entities, such as a company offering bus service(d) Organizations active in politics, lobbying, advocacy work1. Volunteer Fire Departments2. Community Service Organizations (Kiwanis, Rotary and Lions Clubs)3. Homeowner Associations, Labor Unions, etc.(e) Agriculture or horticultural organizations (including county fairs and flower societies)(f) For-profit colleges/ universities(h) For-profit public venues (including stadiums, amusement parks, clubs, etc.)(i) Municipal/Public Schools (including elementary, middle, and high schools)(9) The minimum amount of any grant is $10,000, and the maximum grant award is capped at $150,000. The total amount of funds available for the program is limited to the amount appropriated by the Legislature.(10) Based on the number of applications received, demand for consideration of funding and applicant's ability to prove need, to the extent possible, the Division will try and ensure that funds are disbursed amongst nonprofit organizations of various sizes and types. The Division will assemble a peer review panel to assist with disseminating funds in a fair and consistent manner. Priority funding will be given to houses of worship and facilities that are frequented by children or students on a daily basis. Priority may also be given to eligible applicants demonstrating the greatest need to address gaps in their security that did NOT receive a previous federal nonprofit award from the Department of Homeland Security (DHS) Nonprofit Security Grant Program (NSGP) within the current or previous federal fiscal year.(11) The applications will be assessed and scored by the peer review panel in accordance with the Florida Nonprofit Security Grant Program (FL-NSGP) Application Scoring Rubric (Form Number FL-NSGP-03) (effective date January 26, 2024). This form is available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, or online at https://www.floridadisaster.org/dem/preparedness/grants-unit/.(12) The peer review panel shall consist of three members:(a) One employee from the Division of Emergency Management(b) One employee from the Florida Department of Education(c) One employee from Volunteer Florida(13) Allowable FL-NSGP costs are focused on security related activities. Use of grant funding under the FL-NSGP is limited to the following activities: (a) Planning Funding may be used for security or emergency planning expenses and the materials required to conduct planning activities. Planning must be related to the protection of the facility and the people within the facility and should include consideration of access and functional needs. Planning efforts can also include conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Resilience Planning Framework and related CISA resources.
(b) Security Exercises Funding may be used to conduct security-related exercises. Exercises afford organizations the opportunity to validate plans and procedures, evaluate capabilities, and assess progress toward meeting capability targets in a controlled, low risk setting.
(c) Training Training conducted using FL-NSGP funds must address a specific threat and/or vulnerability. Training should provide the opportunity to demonstrate and validate skills learned as well as to identify any gaps in these skills.
(d) Contracted and Employee Security Personnel Contracted security personnel are allowed under this program and shall comply with guidance set forth in statute. FL-NSGP funds may not be used to purchase equipment for contracted or employee security personnel. Employee security personnel salary shall not exceed 50% of the total award.
(e) Allowable Equipment and Technology Related Costs Allowable costs are focused on security enhancements. Funding can be used for the acquisition and installation of security equipment on real property (including buildings and improvements) owned or leased by the nonprofit organization, specifically in prevention of and/or protection against the risk of a terrorist attack or hate crime.
(14) Grant funds may not be used for any other expenses including, but not limited to, the following categories: (b) Firearms or ammunition(15) The amount of funds estimated as available for FL-NSGP shall follow the steps below: Each Recipient may receive funds from the Division on a quarterly basis, based on the completion of milestones that will be identified by the Division before funds are distributed. Said reports shall be provided using the Division of Emergency Management Enterprise Solutions (DEMES).
(16) If a Recipient fails to comply with any term or condition applicable to an award under this chapter or any term or condition including, but not limited to, state laws, rules and regulations, then the Division shall take one or more of the following actions: (a) Temporarily withhold cash payments, pending correction of the deficiency(b) Disallow all or part of the cost of the activity or action not in compliance(c) Suspend or terminate the award(d) Disallow future participation in the program or funding provided under this chapter(e) Recover all funds provided under the current award(17) Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination of an award are not allowable, unless the Division determines that:(a) The Recipient has substantially complied with, and has not knowingly violated, all applicable funding requirements(b) The costs result from obligations which were properly incurred by the Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and(c) The costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs.(18) Recipients of terminated grants shall remain obligated to provide all required closeout information.(19) In the event that any audit determines that costs reimbursed or otherwise funded under this chapter should be disallowed, then the Recipient shall return those disallowed funds to the Division. In the alternative, the Division may offset the disallowed amount against any current or future awards to the Recipient.(20) The following forms are adopted by reference. These forms are available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399. | | EFFECTIVE |
FORM NO. | SUBJECT | DATE |
FL-NSGP-01 | Florida Nonprofit Security Grant Program (FL-NSGP) Application, Revised 1-5-24. | 1-5-24 |
FL-NSGP-02 | Florida Nonprofit Security Grant Program (FL-NSGP) Vulnerability Assessment Worksheet, Revised 1-5-24. | 1-5-24 |
FL-NSGP-03 | Florida Nonprofit Security Grant Program (FL-NSGP) Application Scoring Rubric, Revised 1-26-24. | 1-26-24 |
Fla. Admin. Code Ann. R. 27PER24-1
Rulemaking Authority 252.3712(5) FS. Law Implemented 252.3712 FS. s. 2 of Chapter 2023-352, L.O.F.,
Adopted by Florida Register Volume 50, Number 035, February 20, 2024 effective 2/13/2024 (EMERGENCY).