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Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required , the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding , when requested by the employing agency, to the United States Department of Justice for processing . The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints . 29 . Drug Court Projects a . A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U .S . Department of Justice , Office of Justice Programs , Drug Courts Program Office , program guidelines "Defining Drug Courts : The Key Components" , January 1997 . This document can be obtained from FDLE , Office of Criminal Justice Grants , at (850) 410-8700 . b . To ensure more effective management and evaluation of drug court programs , the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation . The data collected must be available to U . S . DOJ and FDLE upon request. 30 . Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U . S . Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction . The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space . 31 . Criminal Intelligence System a. The purpose of the federal regulation p ublished i n 2 8 C FR P art 2 3 - C riminal I ntelligence S ystems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968 , 42 U . S . C. 3701 , et seq . , as amended , use those funds in conformance with the privacy and constitutional rights of individuals . b . The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made . If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria , they must indicate when they plan to come into compliance . Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds . The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system . 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read , understands , and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds . The signed certification must be submitted at the time of grant application . 33 . Equal Employment Opportunity (EEO) a . No person , on the grounds of race , creed , color or national origin shall be excluded from participation in , be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 19 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03 )