House Bill 0379

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    Florida House of Representatives - 2000                 HB 379

        By Representative Barreiro






  1                      A bill to be entitled

  2         An act relating to handicapped and elderly

  3         security assistance; providing a short title;

  4         providing legislative intent; providing

  5         definitions; providing for administration of

  6         the handicapped and elderly security assistance

  7         program by the Department of Community Affairs;

  8         providing priorities for award of security

  9         assistance grants; providing requirements for

10         grant applications; providing for review of

11         applications; providing for monitoring and

12         evaluation of security assistance grant

13         programs; providing for utilization of

14         donations and grants to implement the act;

15         providing for funding for operation of the

16         program; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Handicapped and Elderly Security Assistance

21  Act; legislative intent.--

22         (1)  This act may be cited as the "Handicapped and

23  Elderly Security Assistance Act of 2000."

24         (2)  It is the intent of the Legislature to provide the

25  means by which public and private nonprofit housing

26  authorities that own or operate housing projects for the

27  handicapped or elderly may apply for and receive financial

28  assistance, on a priority basis, which assistance will enable

29  the housing authorities to carry out crime prevention and

30  security programs designed to reduce the criminal

31

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  1  victimization of, and the resultant fear of crime in,

  2  residents of such housing projects.

  3         Section 2.  Definitions.--As used in this act, unless

  4  the context otherwise requires, the term:

  5         (1)  "Anticrime services" or "services" includes, but

  6  is not limited to, such services as security hardware

  7  services, security lighting services, security guard services,

  8  neighborhood watch programs, property identification services,

  9  crime prevention information dissemination services, victim or

10  witness assistance services, and victim counseling services

11  aimed at alleviating the emotional and psychological trauma

12  which may accompany criminal victimization.

13         (2)  "Bureau" means the Bureau of Community Assistance

14  of the Division of Housing and Community Development of the

15  Department of Community Affairs.

16         (3)  "Elderly" describes a person who is 62 years of

17  age or older.

18         (4)  "Handicapped" describes a person who:

19         (a)  Has a physical or mental impairment which is

20  expected to be of long, continued, and indefinite duration and

21  which substantially impedes such person's ability to live

22  independently;

23         (b)  Is unable to engage in any substantial gainful

24  activity by reason of any medically determinable physical or

25  mental impairment which can be expected to result in death or

26  which has lasted or can be expected to last for a continuous

27  period of not less than 12 months; or

28         (c)  Is 55 years of age or older, is legally blind, and

29  is unable by reason of such blindness to engage in a gainful

30  activity requiring skills or abilities comparable to those of

31  any gainful activity in which such person has previously

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  1  engaged with some regularity and over a substantial period of

  2  time.

  3         (5)  "Housing authority" means any public or private

  4  nonprofit housing authority, by whatever name known, that owns

  5  or operates an eligible housing project.

  6         (6)  "Housing project" means:

  7         (a)  Any housing project owned or operated by a public

  8  housing authority, 85 percent or more of the tenancy of which

  9  housing project is made up of elderly or handicapped persons;

10  or

11         (b)  Any private nonprofit housing project financed by

12  a mortgage loan that is made or insured by the United States

13  Department of Housing and Urban Development under s. 202 of

14  the Housing Act of 1959, as amended, or s. 236 of the National

15  Housing Act of 1934, as those sections apply to rental housing

16  programs for lower-income elderly and handicapped persons.

17         (7)  "Target area" means the housing project for which

18  application is being made; the grounds associated with the

19  housing project; and the immediately surrounding area

20  contiguous to the housing project or within easy walking

21  distance of the housing project, not to exceed 1/4 mile in any

22  direction from the outer boundary of the housing project.

23         Section 3.  Handicapped and elderly security assistance

24  program; administration; rules.--

25         (1)  The Department of Community Affairs, through the

26  Bureau of Community Assistance, shall administer the

27  handicapped and elderly security assistance program

28  established under section 9, provide for review of all

29  applications for security assistance grants received under

30  this act, make final determinations with respect to the

31  issuance or denial of such grants, and provide for regular

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  1  monitoring and evaluation of those projects for which grants

  2  are awarded to ensure the efficacious use of moneys received

  3  from the fund.

  4         (2)  To the extent that the department receives

  5  completed applications from a county which collects surcharges

  6  and costs pursuant to ss. 938.09 and 938.11, Florida Statutes,

  7  and as consistent with the priorities for award of security

  8  assistance grants contained in section 4, the department shall

  9  approve grants to a county in an amount equal to that county's

10  contribution to the handicapped and elderly security

11  assistance program, less a pro rata portion of the

12  department's administrative costs.

13         (3)  The Department of Community Affairs is authorized

14  to adopt all rules necessary to provide for the orderly

15  administration and implementation of this act, including rules

16  governing the approval or disapproval of applications for

17  security assistance grants.

18         Section 4.  Handicapped and elderly security assistance

19  program objectives; priorities for award of security

20  assistance grants.--

21         (1)  It is the intent of the Legislature to enable

22  housing authorities that operate housing projects in this

23  state which serve the handicapped and the elderly to become

24  involved in activities that are designed to prevent criminal

25  activity against residents in such housing projects and reduce

26  such residents' fear of being criminally victimized in and

27  around their homes.

28         (2)  In awarding security assistance grants to eligible

29  applicants under this act, the bureau shall establish

30  priorities based upon the following considerations:

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  1         (a)  The demonstrated need for such security

  2  assistance, as evidenced by:

  3         1.  The crime rate in the target area, as compared to

  4  the crime rate in contiguous and nearby areas, with particular

  5  emphasis upon the percentage of crimes committed within the

  6  preceding 5 years against the handicapped and the elderly,

  7  when such a demographic breakdown is possible.

  8         2.  The unavailability of sufficient alternative

  9  funding necessary to initiate or complete the activities as

10  the activities are envisioned in the proposed program design.

11         (b)  The likelihood that alternative funding resources

12  will be available to partially fund the initial costs of the

13  proposed program or will become available to continue to fund

14  the program after it has become established.

15         (c)  The submission by the applicant of a proposal for

16  the establishment of services within the framework of a

17  program design which:

18         1.  Establishes new and innovative anticrime services

19  in the target area which are cost-effective and either have

20  future alternative funding possibilities or require initial

21  funding only, such as security hardware or equipment

22  purchases, or which strengthen or expand existing anticrime

23  services in the target area, when such services have proved

24  cost-effective within the current funding limitations for such

25  services and when it can be shown with reasonable certainty

26  that there is a need for such strengthening or expansion.

27         2.  Places emphasis upon direct

28  crime-prevention-related services which do not duplicate

29  existing services available within the social service system.

30         3.  Provides for the effective utilization of existing

31  services available within the social service system, when

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  1  appropriate and practicable, in correlation with services to

  2  be provided by the applicant.

  3         4.  Encourages the use of volunteers, when appropriate

  4  and practicable.

  5         5.  Demonstrates cost-effectiveness.

  6         6.  Establishes measurable objectives and provides for

  7  the establishment of an effective data collection system and a

  8  method for the verification of service delivery.

  9         7.  Establishes the likelihood of the program having a

10  measurable, significant, and broad impact upon the handicapped

11  and elderly population within the target area, with respect to

12  crime prevention and the provision of security against crime.

13         8.  Provides for the monitoring and evaluation of the

14  anticrime services that are to be provided by the applicant,

15  in accordance with requirements of the bureau.

16         Section 5.  Applications for security assistance

17  grants; preparation and submission.--

18         (1)  The bureau shall prepare, for dissemination to

19  potential applicants for security assistance grants upon

20  request, a booklet containing application forms and complete

21  instructions to applicants, including detailed guidelines for

22  preparation of applications for security assistance grants.

23  Pursuant thereto, the bureau shall develop and establish

24  requirements for the completion of such applications,

25  including requirements for the following components:

26         (a)  General administrative information

27  component.--This component shall include general information

28  useful to the bureau in its deliberations, and it may include

29  such information and supplemental material as:

30         1.  The name and address of the applicant;

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  1         2.  The name, address, and telephone number of the

  2  contact person handling the application;

  3         3.  The name, address, and telephone number of the

  4  proposed program director and any other authorized person who

  5  will have authority for accounting, management of funds,

  6  verification of expenditures, or preparation of reports

  7  related to the program, if the proposed program director or

  8  other authorized person is different from the person listed

  9  under subparagraph 2.;

10         4.  The title and a brief description, in 25 words or

11  less, of the proposed security program;

12         5.  Photographs, a map, and a brief description of the

13  target area;

14         6.  The estimated number of persons who will benefit

15  from the program;

16         7.  The starting date for the program;

17         8.  A narrative summary, in 200 words or less, of the

18  proposed security program; and

19         9.  Any other similar information or supplemental

20  material that may be requested by the bureau.

21         (b)  Program plan and supporting data component.--This

22  component shall include:

23         1.  A narrative statement, in 200 words or less, of the

24  problem that the program is designed to alleviate, with

25  supporting data and documentation thereof;

26         2.  A step-by-step plan for program development,

27  including a listing of planned activities and a timetable for

28  the program development;

29         3.  Specification of measurable program objectives;

30         4.  A plan for the monitoring and evaluation of the

31  program; and

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  1         5.  A listing of additional actual or potential

  2  resources which may be available, or may become available, to

  3  fund the program.

  4         (c)  Budget component.--This component shall include:

  5         1.  A listing of estimated costs, when applicable, for

  6  indirect costs of the program and for personnel, professional

  7  services including contract and consultant services, travel,

  8  hardware and equipment, construction, and other operating

  9  expenses of the program;

10         2.  A budget narrative that contains justification for,

11  and an explanation of, the items shown in the listing

12  submitted under subparagraph 1.; that specifies criteria and

13  data used to arrive at estimates; and that provides such

14  further breakdown or detail of any budget figure as may be

15  needed to ensure understanding of the manner in which the

16  budget figure was computed; and

17         3.  A fiscal questionnaire prepared by the bureau and

18  designed to provide additional relevant information directly

19  or indirectly related to the budget, which information will

20  assist the bureau in its deliberations, such as information

21  related to the selection and procurement methods to be

22  utilized by the applicant, further explanation as to any

23  additional actual or potential resources which may be

24  utilized, and so forth.

25         (d)  Compliance component.--This component shall

26  specify all reporting requirements and all conditions and

27  restrictions applicable to the awarding and administration of

28  security assistance grants, to be acknowledged by the

29  notarized signature of the program director, or of the

30  authorized official who will have ultimate authority for

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  1  accounting, management of funds, verification of expenditures,

  2  and preparation of financial reports.

  3         (2)  Any housing authority that wishes to apply for a

  4  security assistance grant under this act shall obtain from the

  5  bureau an application booklet as described in subsection (1),

  6  shall complete all sections of the application as required,

  7  and shall provide any supporting information or material

  8  required by the bureau pursuant to the application.  Each

  9  application shall be submitted to the bureau at least 60 days

10  prior to the requested starting date that is set forth in the

11  timetable of planned activities.  Each application also shall

12  contain a resolution from the local governmental unit in which

13  the eligible housing project is located, which resolution

14  certifies that the proposed program is consistent with local

15  plans and regulations.

16         Section 6.  Review of applications for security

17  assistance grants.--The bureau shall develop a numerical

18  scoring system based upon the priorities established in

19  accordance with section 4 to assess quantitatively each

20  application for a security assistance grant submitted to the

21  bureau.  The Secretary of Community Affairs shall appoint a

22  five-member screening committee of qualified individuals who

23  are not associated with the bureau, which committee shall

24  programmatically and fiscally review every application

25  submitted and shall evaluate each such application utilizing

26  the numerical scoring system developed by the bureau. Any

27  application scoring below a preset score, as determined by the

28  bureau, shall be eliminated.  Any remaining applications then

29  shall be submitted to a technical review by the bureau.  Each

30  stage of the review process and procedures for final decision

31  on, and approval of, applications shall be in accordance with

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  1  the criteria, and within the maximum funding levels,

  2  established by the Department of Community Affairs.

  3         Section 7.  Monitoring and evaluation of security

  4  assistance grant programs.--The Department of Community

  5  Affairs, through the Bureau of Community Assistance, shall

  6  monitor each program for which a security assistance grant is

  7  awarded under this act, to ensure that resources are being

  8  utilized in the manner proposed in the grant application as

  9  approved.

10         Section 8.  Implementation of this act; utilization of

11  donations and grants.--The Bureau of Community Assistance of

12  the Division of Housing and Community Development of the

13  Department of Community Affairs has the power to seek, and

14  make effective utilization of, such financial assistance as

15  may be available for the implementation of this act.  Pursuant

16  to such power, the bureau may seek and accept, for any of its

17  purposes and functions under this act, any and all donations

18  and grants of money, equipment, supplies, materials, or

19  services, conditional or otherwise, from the Federal

20  Government or any local government, or any agency thereof, or

21  from any person, firm, association, foundation, or

22  corporation; and the bureau may receive, utilize, and dispose

23  of such donations and grants as provided in this act, subject

24  to the terms, conditions, and regulations governing such

25  donations, gifts, and grants.

26         Section 9.  Handicapped and elderly security assistance

27  program.--There is created the handicapped and elderly

28  security assistance program, for the purpose of providing

29  assistance grants to eligible applicants as provided in this

30  act.  The Department of Community Affairs, through its Bureau

31  of Community Assistance, shall administer the program. All

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  1  necessary and proper expenses of the bureau incurred by the

  2  operation of this section shall also be paid from funds

  3  appropriated for the program.

  4         Section 10.  This act shall take effect July 1, 2000.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Creates the "Handicapped and Elderly Security Assistance
  9    Act of 2000." Provides definitions. Provides for
      administration of a program of crime prevention
10    assistance to elderly and handicapped residents of
      housing projects. Provides for security assistance grants
11    for anticrime services provided under the program.
      Provides for administration of the program, including
12    review of grant applications and monitoring and
      evaluation of services, by the Bureau of Community
13    Assistance of the Division of Housing and Community
      Development of the Department of Community Affairs.
14    Provides for utilization of donations and grants to
      implement the act, and for funding of the expenses of the
15    bureau.

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