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DIVISION OF <br />Ron DeSantis <br />Governor <br />MEMORANDUM <br />STATE OF FLORIDA <br />EMERGENCY MANAGEMENT <br />Kevin Guthrie <br />Director <br />TO: Non -entitlement Units, Recipients <br />FROM: Stephanie Stachowicz, General Counsel, Division of Emergencyl <br />Management <br />DATE: August 27, 2021 <br />SUBJECT: American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund <br />Agreement <br />This memorandum addresses questions raised by some non -entitlement units <br />NEUs") regarding certain provisions of the American Rescue Plan Act Coronavirus <br />Local Fiscal Recovery Fund Agreement between the Division and Recipients. <br />First, regarding subparagraph 0) of paragraph 13, some NEUs have expressed <br />concern that, by requiring compliance with section 112.061, Florida Statutes, this <br />provision could be interpreted as restricting the ability of NEUs to set their own per diem <br />and travel expense policies as permitted under section 166.021(9)(b), Florida Statutes. <br />The Division will consider compliance with section 166.021(9)(b), Florida Statutes, as <br />compliance with subparagraph Q). <br />Second, regarding subparagraph (m) of paragraph 13, some NEUs have <br />expressed concern that the limit placed on the use of interest earned on investment of <br />funds conflicts with recent Department of Treasury guidance ("Guidance"). To the extent <br />this provision conflicts with the Guidance, the Division will consider compliance with the <br />Guidance as compliance with subparagraph (m). <br />As a reminder, the deadline for disbursement of funds is approaching and the <br />Division will need executed agreements in place to ensure timely disbursement of <br />funds. Please contact the Division with any questions.