1. (1) Eligibility Requirements – All applicants must meet the following eligibility requirements to qualify for the Florida Retail Fuel Transfer Switch Modernization Grant Program:

   1. (a) Be a registered retail fuel facility in compliance with Section 525.19, Florida Statutes, and Rule 5J-21.010(1), Florida Administrative Code;
   2. (b) Have a minimum of four fueling positions;
   3. (c) Submit a complete grant application that includes all required documentation verifying compliance with the grant criteria;
   4. (d) Agree to participate in emergency response coordination efforts as required by local or state emergency management authorities; and
   5. (e) Not be subject to Section 526.143(2), Florida Statutes.

2. (2) Grant Funding Criteria.

   1. (a) Applications will be evaluated based on the following weighted criteria:

1. (b) Applications will be scored as follows:

   1. Applications will be assigned a low, medium, or high priority for each of the criteria listed in paragraph (a).

   2. Low priority will be assigned one point, medium priority will be assigned five points, and high priority will be assigned ten points.

   3. The scores assigned above will be multiplied by the corresponding percentage and then added together to form the application’s aggregate score.

   4. The aggregate scores will be sorted from highest to lowest. If the current funding cycle has thirty or more eligible applications, then the applications scoring in the top 25% will be granted. If the current funding cycle has fewer than thirty eligible applications, then the applications with the ten highest scores will be granted.

2. (3) Application Process.

   1. (a) Applicants for grant funding shall file with the department FDACS-10997, Florida Retail Fuel Transfer Switch Modernization Grant Program Application, 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-19121"http://www.flrules.org/Gateway/reference.asp?No=Ref-19121.

   2. (b) Applications must include:

      1. The facility’s petroleum registration number issued pursuant to Rule 5J-21.010, Florida Administrative Code;

      2. Proof of ownership of a generator or a contract for generator delivery within 24 hours that complies with Section 526.143(5), Florida Statutes;

      3. Fuel tank types and capacity; and

      4. Inventory of fueling positions.

   3. (c) Applications and awards will be granted on a monthly rolling basis until funding is depleted. Each month will be a separate funding cycle.
   4. (d) Applications must be submitted by the first business day of the month to be considered for that month’s funding cycle.
   5. (e) Eligible applications that are not granted during a funding cycle will automatically be reconsidered during the next funding cycle.

3. (4) Review and Award Process.

   1. (a) The department’s grant review committee will review all applications for compliance with subsections (1) and (3) and score each application based on the criteria in subsection (2). The grant review committee will grant applications based on subparagraph (2)(b)4.

   2. (b) Funding for approved applications will be based on the following award tiers:

      1. Tier 1: Up to $10,000 for retail fuel facilities located in a fiscally constrained county as designated under Section 218.67(1), Florida Statutes.

      2. Tier 2: Up to $5,000 for retail fuel facilities not located in a fiscally constrained county.

4. (5) Awards and Distribution.

   1. (a) Funding will be awarded in two phases.

      1. Phase 1 – When an application is granted, the department will issue an award letter and contract committing the grant funds pending installation. Installation will be required within 90 days of an executed award contract.

      2. Phase 2 – The department will disburse grant funds within 30 days following the facility’s compliance with paragraph (6)(a).

   2. (b) Grant recipients must maintain financial records related to the grant award for a period of five years following the disbursement of funding. This includes all invoices, receipts, contracts, and installation records for the purchase and installation of the transfer switch.

5. (6) Compliance and Monitoring.

   1. (a) Before grant funds are disbursed, applicants must provide proof of installation of the transfer switch from a certified or registered electrical contractor. Certification from the electrical contractor must include a statement that the transfer switch is capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment-acceptance systems using an alternate generated power source.
   2. (b) Facilities that have received grant funds are subject to site inspections and audits by the department to ensure compliance with Section 526.147, Florida Statutes, and this rule.

   3. (c) Failure to comply with this subsection or the terms of the award contract may result in one or more of the following sanctions if the failure to comply cannot be rectified within 30 days of a request by the department. The sanctions will be determined based on the extent of harm to the program and whether the failure to comply affects eligibility for the program:

      1. Suspension or termination of funding.

      2. Repayment of disbursed funds.

      3. Disqualification from future funding cycles.

Rulemaking Authority 526.147(2), 570.07(23) FS. Law Implemented 526.147 FS. History–New 4-30-26.