Fla. Admin. Code Title 27 — Executive Office of the Governor

Division 27O Commission on Community Service

Chapter 27O-1 Direct Support Organization

Fla. Admin. Code R. 27O-1.001 Direct Support Organization Functions, Bylaws and Services Contract

(1) An organization may request approval of the Commission to become a DSO. The requesting organization must fulfill the requirements of Section 14.29, F.S.

(2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of Section 14.29, F.S., and must have Articles of Incorporation and Bylaws that together provide that the:

(a) DSO is organized and operated exclusively to support or benefit the Commission.

(b) Bylaws shall describe the operating procedures and specific individual responsibilities of the DSO’s governing board, committees, and officers of the organization.

(c) DSO governing board shall consist of not less than nine members and not more than fifteen members each serving a term of three years.

(d) Members of the DSO’s governing board shall be appointed by the Commission; a minimum of two members of the Commission, appointed by the Commission Chairman, shall serve on the DSO’s governing board as voting members; a minimum of one Commission member shall serve on the executive board of the DSO governing board.

(e) Director of the DSO shall be selected by the DSO’s governing board subject to approval of the Commission; the director of the DSO shall be a direct report to the Commission or a designee reporting directly to the Commission.

(f) DSO shall conduct its business in full compliance with Florida Statutes and regulations including the Florida Sunshine Law, Public Records Law, and applicable Florida Administrative Code (FAC) Administrative Rules.

(3) The DSO shall operate under written services contract with the Commission as outlined in Section 14.29(10), F.S.; the contract period shall not exceed three years.

(4) The organization shall provide equal employment opportunities for all persons regardless of race, color, religion, gender, age, or national origin.

(5) The DSO shall have personnel policies consistent with Commission personnel policies.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Fla. Admin. Code R. 27O-1.002 Governance

(1) The Commission shall annually review and approve all programs administered by the DSO. The Commission shall evaluate and approve all new programs prior to any informal commitment, formal contract or other legal commitment.

(2) The DSO governing board shall meet quarterly which may include telephonically.

(3) The DSO shall provide to the Commission minutes and supporting documents from all governing board meetings, executive board meetings, committee meetings and advisory board meetings within 30 days of the meetings.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Fla. Admin. Code R. 27O-1.003 Disposition of Funds

If the Commission determines that the DSO is no longer complying with the Services Contract and in a manner consistent with the goals and purposes of the Commission and in the best interest of the state, the Commission may decertify the DSO and thereafter the organization may not use the name of or any trademarked names of the Commission. Decertification shall include a plan for disposition of the DSO’s assets and liabilities in accordance with Section 14.29(10)(d), F.S.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Fla. Admin. Code R. 27O-1.004 Budget

(1) The DSO shall have the authority to amend its budget. Budget amendment requests for more than 10% of the total amount of the annual budget or more than $50,000 shall require the approval of the DSO’s governing board and the Commission.

(2) The DSO shall provide for an annual audit in accordance with Section 215.981, F.S., which shall be submitted to the Commission for review and approval.

(3) The DSO shall provide for compliance and/or operational audits when directed by the Commission; the scope of audit shall be approved by the Commission or designee.

(4) The DSO shall prepare and submit to the Commission monthly expense reports.

(5) The DSO shall prepare and submit to the Commission quarterly expenditure plans that separately delineate planned actions which represent a significant commitment of the resources of the DSO, including:

(a) Major fund raising events, grants, and campaigns and their purpose.

(b) Other major commitments of the resources of the organization.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Fla. Admin. Code R. 27O-1.005 Use of Commission Property and Facilities

(1) The DSO may lease office space from the Florida Department of Management Services or another entity. The lease agreement shall be between the DSO and the lessor. Payment for leased space is the responsibility of the DSO.

(2) The Commission and the DSO may share facilities. The DSO’s use of the Commission’s facilities and vice versa shall be with the approval of the organization holding the lease on said space.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Fla. Admin. Code R. 27O-1.006 Use of Personal Services

The Commission and the DSO may share personal services. Personnel sharing costs shall be in compliance with funding sources and a written personnel sharing agreement.

History

• Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New 10-25-09.

Division 27E Comprehensive Planning

Chapter 27E-1 ESTABLISHING THE BOUNDARIES FOR COMPREHENSIVE PLANNING DISTRICT

Fla. Admin. Code R. 27E-1.001 Scope and Application

History

• Rulemaking Authority 23.0115(1), 120.53(1) FS. Law Implemented 23.0112(3), 23.0115(1), 23.012(3), (4), (5), (6), (7), 23.0114, 380.031(13) FS. History–New 3-22-73, Formerly 22E-1.01, Formerly 27E-1.01, Repealed 10-2-96.

Fla. Admin. Code R. 27E-1.002 Comprehensive Planning Regions

History

• Rulemaking Authority 23.0115(1), 120.53(1), 160.05(4) FS. Law Implemented 23.0112(3), 23.0114, 23.0115(1), 23.012(3), (4), (5), (6), (7) FS. History–New 3-22-73, Formerly 22E-1.02, Amended 7-1-74, 7-7-76, 7-31-79, 6-28-82, Formerly 27E-1.02, Repealed 7-16-26.

Fla. Admin. Code R. 27E-1.003 Exemptions and Amendments

History

• Rulemaking Authority 23.0115(1), 120.53(1) FS. Law Implemented 23.012(3), (4), (5), (6), (7), 23.0112(3), 23.0114, 23.0115(1) FS. History–New 3-22-73, Formerly 22E-1.03, Formerly 27E-1.03, Repealed 10-2-96.

Chapter 27E-5 RULES OF PRACTICE AND PROCEDURE PERTAINING TO STRATEGIC REGIONAL POLICY PLANS

Fla. Admin. Code R. 27E-5.001 General Scope and Application

(1) The purpose of this rule is to establish minimum criteria and a uniform format for strategic regional policy plans. Strategic Regional Policy Plans, required by Section 186.507, F.S., means a long range guide for physical, economic, and social development of a comprehensive planning district which identifies regional goals and policies. These plans shall be developed through a collaborative process that emphasizes consensus and coordination between local governments, regional entities, state and federal agencies, other appropriate organizations, and the public. Thus, the plan is a plan for the region, not merely for the regional planning council. Regional goals and policies shall be used to develop a coordinated program of regional actions directed at resolving identified problems and needs. These plans shall contain regional goals and policies that address affordable housing, economic development, emergency preparedness, natural resources of regional significance, and regional transportation, and other regional goals and policies as deemed appropriate by the council. The plans shall identify and address significant regional resources and facilities. Strategic Regional Policy Plans shall be strategic rather than comprehensive in nature and need not address all goals and policies in the State Comprehensive Plan. However, goals and policies included in a Strategic Regional Policy Plan shall be consistent with and further the State Comprehensive Plan.

(2) For the purposes of the State and Regional Planning Act of 1984, as amended by Chapter 93-206, Laws of Florida, the Strategic Regional Policy Plan, upon its adoption, shall replace the comprehensive regional policy plan. However, the regional planning council may engage in activities not addressed by the plan so long as the council is not otherwise prohibited from such activities.

(3) The Strategic Regional Policy Plan shall not establish binding level of service standards for public facilities and services provided or regulated by local governments.

(4) Strategic Regional Policy Plans shall serve as a basis to review the resources and facilities found in local government comprehensive plans.

(5) Other uses and applications of Strategic Regional Policy Plans are identified in Rule 27E-5.003, F.A.C., of this rule.

History

• Rulemaking Authority 186.507(2) FS. Law Implemented 186.002, 186.502, 186.507, 163.3184(5) FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.002 Definitions

Unless the context clearly indicates otherwise:

(1) “Council” means the regional planning council created pursuant to Section 186.504, F.S.

(2) “Goal” means the long term end toward which programs and activities are ultimately directed.

(3) “Executive Office of the Governor” means the Office of Planning and Budgeting of the Executive Office of the Governor or its designee.

(4) “Natural Resource of Regional Significance” means a natural resource or system of interrelated natural resources, that due to its function, size, rarity or endangerment retains or provides benefit of regional significance to the natural or human environment, regardless of ownership.

(5) “Plan” means the Strategic Regional Policy Plan as defined in Section 186.503(10), F.S. (1993), and the associated maps required by paragraph 27E-5.004(3)(a), F.A.C.

(6) “Policy” means the ways in which programs and activities are conducted to achieve identified goals.

(7) “Significant Regional Resource or Facility” means resources or facilities identified by the council as being of regional importance and meets one or more of the following criteria:

(a) A resource or facility that due to its uniqueness, function, benefit, service delivery area, or importance is identified as being of regional concern.

(b) A resource or facility that requires the participation or involvement of two or more governmental entities to ensure proper and efficient management.

(c) A resource or facility that meets either criteria paragraph (a) or (b) above and is defined to be of state or regional concern or importance in state or federal laws or rules of state or regional agencies adopted pursuant to Chapter 120, F.S.

(8) “State Comprehensive Plan” means Chapter 187, F.S.

(9) “Strategic” means proactive, future, and results oriented with a focus on important long term priorities, needs, and problems of the region.

(10) “Strategic Regional Subject Areas” means the identified subject areas that from a regional perspective have potential to affect the region’s significant physical characteristics or the quality of life within the region. These strategic regional subject areas shall include affordable housing, economic development, emergency preparedness, natural resources of regional significance, and regional transportation. Additional subject areas related to the particular needs and circumstances of the region or which represent major regional problems or opportunities may be included as strategic regional subject areas. The plans shall identify and address regional resources and facilities.

(11) “Trends and Condition Statement” means a background analysis of factors describing present conditions and trends with respect to the strategic regional subject areas addressed; forecast future conditions and trends based on expected growth patterns of the region; and analyze the problems, needs, and opportunities associated with growth and development in the region. Significant regional resources and facilities shall be identified and addressed.

(12) “Vision” means a description of the intended future physical appearance and the qualities of the region.

History

• Rulemaking Authority 120.53(1), 186.507(2) FS. Law Implemented 186.502(1)(a), (b), (e), 186.507 FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.003 Purpose of the Plan

The purposes of a strategic regional policy plan include:

(1) To implement and further the goals and policies of the State Comprehensive Plan with regard to the strategic regional subject areas and other components addressed in the plan.

(2) To provide long range policy guidance for the physical, economic, and social development of a region.

(3) To establish public policy for the resolution of disputes over regional problems, needs, or opportunities through the establishment of regional goals and policies and to provide a regional basis and perspective for the coordination of governmental activities and the resolution of problems, needs, and opportunities that are of regional concern or scope.

(4) To establish goals and policies, in addition to other criteria established by law, that provide a basis for the review of developments of regional impact, regional review of federally assisted projects, and other activities of the regional planning council. In addition, the plan may recommend specific locations or activities in which a project, that due to its character or location, should be a development of regional impact within the region. Standards included in strategic regional policy plans shall be used for planning purposes only and not for permitting or regulatory purposes. A regional planning council shall not adopt a planning standard that differs materially from a planning standard adopted by rule by a state or regional agency, when such rule expressly states the planning standard is intended to preempt action by the regional planning council.

(5) To establish goals and policies to assist the state and the council in the determination of consistency of local comprehensive plans with strategic regional policy plans and the state comprehensive plan. Strategic Regional Policy Plans shall serve as a basis to review the resources and facilities found in local government comprehensive plans.

(6) To establish land development and transportation goals and policies in a manner that fosters region-wide transportation systems.

(7) To serve as a basis for decisions by the regional planning council.

(8) To guide the administration of federal, state, regional, and local agency programs and activities in a region to the extent provided for by law.

(9) To identify significant regional resources and facilities, infrastructure needs, or other problems, needs, or opportunities of importance to the region.

(10) To identify natural resources of regional significance and promote the protection of those resources.

(11) To set forth economic development goals and policies that promote regional economic growth and improvement.

(12) To set forth goals and policies that address the affordable housing and emergency preparedness problems and needs of the region.

History

• Rulemaking Authority 120.53(1), 186.507(2) FS. Law Implemented 186.502, 186.505(23), (24), 186.507(1), (2), (4), (5), (8), (9) FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.004 Content and Format

Each regional planning council shall adopt a strategic regional policy plan which shall contain the following components:

(1) Executive Summary. Each plan shall contain an executive summary that briefly describes the plan’s vision statement (if provided), strategic regional subject areas and selected goals and policies of specific concern to the region. In addition, important elements of the trends and conditions statements may be summarized along with other vital plan components.

(2) Vision Statement. An optional statement which describes the intended future physical appearance and the qualities of the region, developed through a collaborative planning process with meaningful public participation.

(3) Strategic Regional Subject Areas. Each council shall identify and address subject areas that from a regional perspective have potential to affect the region’s significant physical characteristics or the quality of life within the region. These subject areas shall include affordable housing, economic development, emergency preparedness, natural resources of regional significance, and regional transportation. Regional plans shall identify and address significant regional resources and facilities. Additional subject areas which relate to the particular needs and circumstances of the region or which represent major regional problems or opportunities may be included as strategic regional subject areas. In identifying strategic regional subject areas, the council shall consider existing requirements in other planning or regulatory programs of state, federal, or regional agencies within the region. Strategic regional subject areas related to natural resources of regional significance and regional transportation shall address the following:

(a) Natural Resources of Regional Significance. Each council shall address natural resources of regional significance through the development of goals and policies and identify these resources by specific geographic location and not solely by generic type using the best and most recent data and information available. These resources shall be identified on maps at a scale of 1 to 100,000. These maps and identified natural resources of regional significance should be used for planning purposes only, and shall be amended, updated, or revised as new areas are identified or new data becomes available.

(b) Regional Transportation. The plan may recommend minimum density guidelines for development along designated public transportation corridors and identify investment strategies for providing transportation infrastructure where growth is desired, rather than focusing primarily on relieving congestion in areas where growth is discouraged. This provision is not intended to inhibit regional or local mass transit activities and efforts to revitalize urban areas.

(4) Trends and Conditions Statement. For each strategic regional subject area, a background analysis of factors that describe current conditions and future related trends or projections shall be included. These factors, conditions and trends shall specify why the strategic regional subject area is of concern to the region. These statements shall identify and address significant regional resources, facilities, and systems. The analysis shall evaluate how these subject areas and associated factors relate to pertinent goals and policies of the State Comprehensive Plan and shall provide a basis and framework for regional goals and policies necessary to address the strategic regional subject area. All trends and conditions statements shall be based on expected growth patterns of the region and analyze the problems, needs, and opportunities associated with growth and development in the region.

(5) Regionally Significant Resources and Facilities. For those significant regional resources, facilities, and systems related to the strategic regional subject areas, the trends and conditions statements prepared pursuant to subsection (4) above shall include descriptions of the existing status of regional resources, facilities, and systems. The plans shall also identify and address all regionally significant resources and facilities in the region that are not related to the strategic regional subject areas.

(6) Goals. For each strategic regional subject area, goal statements that describe the long term end toward which programs and activities are ultimately directed shall be included. These goals shall be related to and developed from the problems, needs, and opportunities identified in the trends and conditions statements. Such goals shall be consistent with and further the State Comprehensive Plan. Regional indicators shall be associated with each goal and shall include current baseline data and information against which progress can be measured in the region’s five year evaluation and appraisal report.

(7) Policies. The plan shall identify policies that have regionwide application and that describe the ways in which programs and activities are conducted and the actions needed to achieve an identified goal. Policies shall seek to promote and develop coordinated governmental and private sector agency programs and actions which are directed at resolving identified problems and needs. Such policies shall be consistent with and further the State Comprehensive Plan.

(8) Coordination Outline. The plan shall contain a coordination outline that provides an overview of the council’s cross acceptance, dispute resolution, public participation and related regional planning and coordination activities. This outline shall be used for information purposes only, describing how local governments and citizens are involved in developing, implementing and updating the plan and how the council helps to resolve local, state, and regional plan inconsistencies.

(9) Glossary. The plan shall contain a glossary that defines terms, key words, and acronyms found in the plan.

History

• Rulemaking Authority 186.507(2) FS. Law Implemented 186.502, 186.507 FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.005 Procedures for Plan Development

(1) Public participation. The citizens of the region shall be given an adequate opportunity to participate in the preparation of the regional plan. Adequate opportunity for public participation shall include the following, and may include other opportunities as determined by the council:

(a) One workshop within the region during the early stages of plan formulation to describe the regional planning effort and to receive input from the public regarding the content, structure, or application of the plan or comments regarding the process of plan formulation and adoption, and;

(b) Three public meetings in addition to the procedural requirements of Section 120.54, F.S., to describe the content of the proposed plan submitted to the Executive Office of the Governor and to receive public comment regarding the proposed plan. These public meetings shall be located to facilitate citizen participation considering geographic and population distribution. These public meetings shall be prominently advertised throughout the region in newspapers of general circulation in the region. Such advertisements shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

(2) Local government participation. In preparing the plan, the council shall seek the cooperation and assistance of local governments to identify strategic regional subject areas, and shall involve local governments as fully as possible in the development of the plan’s trends and conditions statements and the goals and policies. The draft plan shall be circulated to all local governments in the region, and the local governments shall be afforded a reasonable opportunity to comment on the regional plan. Local governments, within their respective regions, shall also receive notice of all workshops and meetings scheduled to receive public comment on the proposed plan.

(3) Participation by other governmental agencies. To enhance areawide coordination and related cooperative activities of federal, state, regional and local governments, the council is encouraged to provide a copy of the draft plan for review and comment to other public agencies operating within the region that may be affected by the plan or that have some information or expertise useful to the development of the plan.

(4) Existing plans. The council shall give consideration to existing state, federal, regional, and local plans in preparing the strategic regional policy plan. The council shall specifically consider those plans required by Sections 373.036, 339.155 and 380.031(17), F.S. The council shall also consider those plans required by Rule 62-40.520, F.A.C. The council shall ensure that approved voluntary resource planning and management programs adopted pursuant to Section 380.045, F.S., and principles for guiding development adopted pursuant to Section 380.05, F.S., for areas of critical state concern are given full effect.

(5) Data and analysis used in the plan. In preparing the trends and conditions statements of the plan, the council shall use, to the extent applicable, data, assumptions, forecasts, projections, studies, and analyses prepared by the Executive Office of the Governor or at its direction pursuant to Section 186.006, F.S. The council shall also coordinate with the Department of Community Affairs in order to achieve uniformity and consistency in land use information and data collection efforts in this state and to provide a usable and accessible data base to local governments and the private sector. Studies, reports, analyses and data upon which the plan is based shall be referenced and cited in the proposed plan submitted to the Executive Office of the Governor and shall be made accessible to the public.

History

• Rulemaking Authority 186.507(2) FS. Law Implemented 186.507 FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.006 Procedures for Plan Submission and Review

(1) State review.

(a) Proposed Plan Distribution and Submission Schedule. On or before the date specified in this section, each council shall submit its proposed plan and maps required by paragraph 27E-5.004(3)(a), F.A.C., simultaneously to the Executive Office of the Governor, state and regional agencies, and state agency district offices with responsibility in the subject areas addressed in the plan. One copy of the proposed plan and associated maps shall be submitted to each of the following: Department of Community Affairs, Department of Health, Department of Children and Family Services, Department of Environmental Protection, Department of State, Department of Transportation, Florida Fish and Wildlife Conservation Commission, adjacent regional planning councils, metropolitan planning organizations located within the council’s boundary, and water management districts located within the council’s boundary. Three copies of the proposed plan and one copy of the associated maps shall be submitted to the Executive Office of the Governor. Additional copies of the proposed plan and associated maps shall be provided upon request to any designated review agency or interested person at a reasonable charge, not to exceed the per sheet reproduction cost to the council. The proposed plans and associated maps shall be submitted on or before the following dates:

Council:

Submission Date:

South Florida

March 1, 1995

Southwest Florida

March 15, 1995

Withlacoochee

June 1, 1995

Tampa Bay

August 1, 1995

Treasure Coast

September 1, 1995

East Central Florida

January 1, 1996

North Central Florida

January 1, 1996

Apalachee

February 1, 1996

West Florida

February 1, 1996

Northeast Florida

March 1, 1996

Central Florida

April 1, 1996

(b) State and Regional Agency Review Schedule. The Executive Office of the Governor shall have sixty (60) days from receipt of the proposed plan to review it for consistency with the State Comprehensive Plan, Chapter 186, Florida Statutes, and this rule. The Executive Office of the Governor shall solicit review comments from any federal, state, regional or local agency with responsibility in the subject areas addressed in the plan, and shall coordinate all state agency responses to the proposed plan. Within 30 days of receipt of the proposed plan by the Executive Office of the Governor, the state and regional agencies referenced in paragraph 27E-5.006(1)(a), F.A.C., shall review the proposed plan and submit comments and recommendations to the Executive Office of the Governor. The state and regional agency review shall be based on the standards set forth in paragraph 27E-5.006(1)(c), F.A.C., below. The Executive Office of the Governor shall consider the comments and recommendations of the state and regional agencies in making its decision as to the proposed plan’s consistency with the State Comprehensive Plan and the determination of compliance with this rule. The Executive Office of the Governor shall transmit its findings and recommendations to the council within 60 days of its receipt of the proposed plan.

(c) Standards for State and Regional Agency Review. The proposed plan shall be reviewed for consistency with the State Comprehensive Plan, Chapter 186, F.S., and compliance with this rule. In addition, the state and regional agencies shall review and shall comment on inconsistencies with other plans, policies, and statutes and identify areas where coordination with other governmental and private actions would assist effective application of the plan.

(d) State Findings and Recommendations Report. The Executive Office of the Governor shall report within sixty (60) days of its receipt of the proposed plan, the results of the state and regional agency review and evaluation, including agency comments it elects to include, in a Findings and Recommendations Report. The report shall set forth state, federal, and regional comments, including proposed revisions necessary to make the proposed plan consistent with the State Comprehensive Plan, and shall be forwarded to all agencies which reviewed the proposed plan as well as to the regional planning council.

(2) Local review. Concurrent with submittal of its proposed plan for state review, the regional planning council shall also submit a copy to all county and municipal governments within the region.

(a) In addition to submitting a proposed plan, the council shall outline, in a cover or transmittal letter, the state review process and the time review schedules for each county and municipal government within the region. This outline shall stipulate that the county or municipal government has 30 days, from the council’s date of plan submission to the Executive Office of the Governor, to provide comments to the Executive Office of the Governor for consideration in the state review of the proposed plan. The council shall also specify the appropriate office and contact person within the Executive Office of the Governor to which their comments may be submitted.

(b) In addition, a copy of the proposed plan shall be on file for public review at the office of the council and at each regional library in the region. Local governments shall have sixty (60) days to provide comments to the council. The council shall inform the local governments of this sixty day comment period to submit comments to the council. In addition to other comments, local governments are encouraged to identify any potential conflicts with adopted local comprehensive plans, land development regulations, and capital improvement programs and to recommend changes to the plan that would resolve identified conflicts.

(3) Other Interested Party Review. Proposed and adopted plans shall also be provided to any interested person at a reasonable charge, not to exceed the standard per page copying charge of the regional planning council. Other interested parties may submit any comments to the Executive Office of the Governor as long as they comply with the same procedures and time schedules as described in paragraph 27E-5.006(2)(a), F.A.C.

History

• Rulemaking Authority 186.507(2), 186.508(1) FS. Law Implemented 186.507(1), (3), (5), (6), (7), (8), (9), 186.508, 186.511 FS. History–New 7-6-94.

Fla. Admin. Code R. 27E-5.007 Rule Adoption and Approval

(1) Upon receiving the Findings and Recommendations Report, the council may amend the proposed plan to reflect any changes recommended in the Findings and Recommendations Report or by public or local government comment and shall then notice and conduct rulemaking to adopt the plan pursuant to the procedural requirements of Section 120.54, F.S. The rules shall be adopted by the council within 90 days after receipt of the Findings and Recommendations Report submitted by the Executive Office of the Governor. Any rule adopting the plan shall not be subject to a rule challenge pursuant to Section 120.56(2), F.S., or to drawout proceedings pursuant to Section 120.54(3)(c), F.S., but once adopted, shall be subject to an invalidity challenge under Section 120.56(3), F.S., by substantially affected persons. The council shall comply with the notice requirements in Section 120.54, F.S., and shall make available copies of the Findings and Recommendations Report and other materials developed in conjunction with the proposed plan in accordance with the requirements of Section 120.54, F.S.

(2) The plan or any amendment thereto shall be adopted by the procedures outlined in Section 186.507(15), F.S., as amended by Chapter 95-322, Laws of Florida.

(3) The council shall submit the rule adopting the plan, and associated maps required by paragraph 27E-5.004(3)(a), F.A.C., to the Speaker of the House and the President of the Senate no later than thirty (30) days after the plan is adopted by the governing body of the regional planning council. By attachment, the council may indicate where revisions recommended by the Executive Office of the Governor to ensure consistency with the State Comprehensive Plan were not adopted and provide a brief explanation for rejection of those recommendations. The council shall simultaneously furnish to the Executive Office of the Governor and the agencies referenced in paragraph 27E-5.006(1)(a), F.A.C., a copy of such plan, and associated maps required by paragraph 27E-5.004(3)(a), F.A.C., and any accompanying documentation. The rule shall take effect as provided for in Section 186.508, F.S.

History

• Rulemaking Authority 186.507(2), 186.508(1) FS. Law Implemented 186.507(15), 186.508 FS., as amended by Chapter 95-322, L.O.F. History–New 7-6-94, Amended 10-22-95, 2-2-10.

Fla. Admin. Code R. 27E-5.008 Evaluation and Modification of Plans

(1) Evaluation of plans. Each council shall prepare an evaluation report on its plan at least once every five years assessing the successes or failures of the plan and preparing necessary amendments, revisions, or updates to the plan. The evaluation reports shall primarily be based upon the region’s progress toward attainment of strategic regional policy plan goals using the indicators described in subsection 27E-5.004(6), F.A.C. The evaluation reports shall identify plan amendments which may be necessary as a result of changing regional conditions, changes to the State Comprehensive Plan, and other statutory changes. The evaluation reports may also recommend amendments to the State Comprehensive Plan and other statutes. The first evaluation reports shall be submitted on or before the following dates, and every five years thereafter:

Council:

Submission Date:

South Florida

March 1, 2000

Southwest Florida

March 15, 2000

Withlacoochee

June 1, 2000

Tampa Bay

August 1, 2000

Treasure Coast

September 1, 2000

East Central Florida

January 1, 2001

North Central Florida

January 1, 2001

Apalachee

February 1, 2001

West Florida

February 1, 2001

Northeast Florida

March 1, 2001

Central Florida

April 1, 2001

(2) Plan changes. All amendments, revisions, or updates to a plan or the maps required by paragraph 27E-5.004(3)(a), F.A.C., shall be adopted in the same manner as the original plan and shall be prepared as needed because of changes in the State Comprehensive Plan or law or as a result of modifications recommended in the evaluation conducted pursuant to subsection 27E-5.008(1), F.A.C.

History

• Rulemaking Authority 186.507(2) FS. Law Implemented 186.511 FS. History–New 7-6-94.

Division 27P Division of Emergency Management

Chapter 27P-2 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

Fla. Admin. Code R. 27P-2.002 State Comprehensive Emergency Management Plan Adopted

(1) The Division hereby adopts and incorporates by reference into this Chapter the State Comprehensive Emergency Management Plan (2024 Edition), http://www.flrules.org/Gateway/reference.asp?No=Ref-17072.

(2) The State Comprehensive Emergency Management Plan shall be the master operations document for the State of Florida in responding to all emergencies, and all catastrophic, major, and minor disasters.

(3) The State Comprehensive Emergency Management Plan can be obtained at the Florida Division of Emergency management’s address, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, or by clicking on the following hyperlink (http://www.floridadisaster.org/cemp.htm).

History

• Rulemaking Authority 252.35(2)(y) FS. Law Implemented 252.35(2)(a) FS. History–New 1-4-01, Amended 7-8-02, 8-4-04, 6-2-10, Formerly 9G-2.002, Amended 7-18-13, 8-10-15, 1-26-20, 6-4-23, 10-22-24.

Chapter 27P-6 REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS

Fla. Admin. Code R. 27P-6.002 Definitions

(1) “County Emergency Management Agency” means the emergency management agency authorized and directed to be established and maintained by each county of the state pursuant to Section 252.38(1), F.S.

(2) “Division” means the Division of Emergency Management of the Executive Office of the Governor.

(3) “State Plan” means the State Comprehensive Emergency Management Plan, as developed and adopted pursuant to the authority contained in Section 252.35(2)(b), F.S.

(4) “County Comprehensive Emergency Management Plans” are the county counterparts of the State Plan.

(5) “Municipal Emergency Management Program” means the emergency management program authorized and encouraged by Section 252.83(2), F.S., to be created by each legally constituted municipality in the state. Municipalities are not required to develop a municipal emergency management program.

(6) “Municipal Comprehensive Emergency Management Plans” are the municipal counterparts of the County Comprehensive Emergency Management Plan which must be consistent with and subject to the applicable county plan. Municipalities are encouraged, but not required, to develop a municipal comprehensive emergency management plan.

(7) “Local Emergency Management Plans” refer to the County Comprehensive Emergency Management Plans and the Municipal Comprehensive Emergency Management Plans.

(8) “County Radiological Emergency Plan for Nuclear Power Plants” means the plan to be prepared by the Division and county governments within 50 miles of a commercial nuclear power plant.

(9) “County Emergency Management Program” means the emergency management program authorized and mandated by Chapter 252, F.S., to be created by each legally constituted county in the state.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(1), (2)(a), (b), (c), (d), 252.38(1) FS. History–New 1-18-81, Amended 2-24-85, Formerly 9G-6.02, Amended 2-5-91, 5-11-95, 2-11-01, Formerly 9G-6.002, Amended 7-18-13.

Fla. Admin. Code R. 27P-6.0023 County Comprehensive Emergency Management Plans

(1) Each county emergency management agency established pursuant to the authority contained in Section 252.38(2), F.S., shall develop and submit to the governing body of the jurisdiction for adoption a County Comprehensive Emergency Management Plan in compliance with the requirements, format and standards contained in this rule chapter.

(2) County Comprehensive Emergency Management Plans will be coordinated and consistent with the provisions of the State Plan. The county emergency management plan will include an evacuation component, a shelter component (risk and host events), and a post-disaster and recovery component and will consist of provisions addressing aspects of preparedness, response, recovery and mitigation. The county plan will assign lead and support responsibilities for county agencies and personnel that coordinate with the emergency support functions outlined in the State Plan.

(3) The County Comprehensive Emergency Management Plan shall be specific and shall address responses and actions in the event of an emergency. It shall clearly identify those positions or agencies responsible for specific functions under given circumstances. Responsibilities must be assigned by position title or agency name, and specific duties for each position or agency must be listed. Checklists and other readily accessible and easy-to-use guidelines are encouraged. Where appropriate, the county plan shall contain maps, diagrams and other visual aids. Copies of the forms the local government will use shall be available for review.

(4) The County Comprehensive Emergency Management Plan shall be divided into a minimum of two components: the Basic Plan and the Capability Assessment. The Basic Plan shall be narrative in form and generally describe responsibilities within the emergency management framework. It shall include but not be limited to two annexes addressing the recovery and mitigation functions of the county emergency management program. The Basic Plan and the Recovery and Mitigation Annexes shall include organizational charts, maps and checklists. The Capability Assessment shall demonstrate competencies and present information outlined in the County Comprehensive Emergency Management Plan, standard operating procedures and other supporting documents that are involved in the emergency management program, i.e., emergency response, recovery and mitigation activities.

(5) The County Comprehensive Emergency Management Plan shall cover county agencies and resources and should cover applicable municipal agencies and resources. County plans shall interface with plans of contiguous jurisdictions, regional, municipalities and the state comprehensive emergency management plans.

(6) The County Comprehensive Emergency Management Plan or supporting operating procedures referred to in the plan shall provide a detailed description of the process to be followed at the local level whenever an emergency or disaster occurs as a result of the many consequences generated by natural, technological or manmade causes. Such emergencies include, but are not limited to: tornadoes, hurricanes, flooding, freezes, extreme temperatures, disease outbreaks, wildfires, terrorism, drought, hazardous materials releases or spills and civil disturbances. The plan shall identify and describe pre-emergency warning systems, evacuation and sheltering plans, hazard mitigation and other anticipatory actions as well as post-event response and recovery actions.

(7) The Division hereby adopts and incorporates by reference “Local Comprehensive Emergency Management Plan Compliance Criteria” and the “Emergency Management Capabilities Assessment Checklist” (Form Numbers CEMP-001 and CEMP-002, 2012 Edition) as part of this chapter. County Comprehensive Emergency Management Plans and County Emergency Management Programs shall comply with these criteria. These criteria are available from the Division and may be obtained by writing the Division at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 or online at www.floridadisaster.org. These criteria shall be used in the development and review of County Comprehensive Emergency Management Plans and Programs. Counties shall complete the compliance criteria prior to the Division’s review of their Comprehensive Emergency Management Plan and have them available to the Division 60 days after receiving notification of the Division’s intent to review. Counties shall demonstrate satisfaction of the required plan criteria by noting the page and section in their plan, or supporting documents, where each criterion is satisfied. Counties shall provide the documentation needed to satisfy the requirements of the Capabilities Assessment.

(8) Counties are encouraged to follow the format of the State Plan in development of the County Comprehensive Emergency Management Plan. County emergency management agencies are not required to duplicate the suggested format, but should be able to demonstrate the ability to communicate with those emergency support functions and state agencies that support the State Plan.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(1), (2)(a), (b), (c), (d), 252.38(1) FS. History–New 2-11-01, Formerly 9G-6.0023, Amended 7-18-13.

Fla. Admin. Code R. 27P-6.0025 The County Radiological Emergency Plan for Nuclear Power Plants

This county plan shall provide a detailed description of the process to be used to protect the public from the potential health effects associated with a radiological emergency at a commercial nuclear power plant. Only those counties within a 50 mile radius of a commercial nuclear power plant are required to develop this plan. This plan shall be developed with direct assistance from the Division and shall be incorporated into the appropriate site plan contained in Annex A of the State Plan. This plan shall comply with the Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (NUREG-06541 FEMA REP-1 Rev. 1). These criteria are available from the Division and may be obtained by writing the Division at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399. This plan or annex shall be submitted to the Federal Emergency Management Agency for review and approval.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(1), (2)(a), (b), (c), (d), 252.60 FS. History–New 2-11-01, Formerly 9G-6.0025.

Fla. Admin. Code R. 27P-6.006 County Comprehensive Emergency Management Plans - Review by Division

(1) The provisions of this section shall apply to the Division’s initial review of County Comprehensive Emergency Management Plans, and review of plans revised as a result of a determination by the Division that a county comprehensive emergency management plan is not in compliance with the terms of this chapter.

(2) The Division shall review each county comprehensive emergency management plan at a minimum of every four years and shall offer the affected regional planning council an opportunity to participate in the review. The Division shall review the county plan in accordance with the criteria CEMP-001 and CEMP-002. The Division shall provide notice of its intent to review a County Comprehensive Emergency Management Plan via certified mail. Within 60 days of receipt of this notification the county shall provide to the Division a copy of the plan to be reviewed with a copy of the completed compliance criteria. Upon receiving notification of the intent to review, the county and the Division shall coordinate to finalize the Capabilities Assessment prior to the date of adoption of the plan by the governing body of the jurisdiction. The Division will provide the county with the results of its review and its finding as to the compliance of the plan within 60 days of its initial review. If the Division finds the county plan meets the requirements of this chapter, it shall issue a notice of compliance.

(3) If the Division finds that a county plan does not meet all of the criteria established in this chapter the Division shall withhold a notice of compliance and issue a notification by the Division specifically stating the reasons the plan does not meet the criteria. Upon receipt of the notification by the Division, the county shall either:

(a) Revise its plan by the date agreed upon by the Division and the county and make the changes available to the Division for review by the date agreed upon by the Division and the county; or

(b) Develop a workplan to be approved by the Division which addresses all changes necessary for compliance and a timetable for completion by the date agreed upon by the Division and the county; or

(c) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division’s withholding of a notice of non-compliance within 21 days of receipt of the determination.

(4) If the county does not submit a revised plan, or a workplan by the agreed upon date after the receipt of the notification by the Division or request an administrative hearing the Division shall issue a notice of non-compliance via certified mail specifically stating the reasons for non-compliance. Upon receipt of the notice of non-compliance the county shall either:

(a) Within 60 days revise the plan and make the changes available to the Division for review; or

(b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division’s notice of non-compliance within 21 days of receipt of same.

(5) If upon the submittal of the revised plan, either after the dated agreed upon by the Division and the county or upon completion of the workplan, the Division finds that the revised plan is not in compliance, the Division shall withhold a notice of compliance and issue notification specifically stating the reasons the plan does not meet the criteria. Upon receipt of the notification the county shall either:

(a) Revise the plan by the date agreed upon by the Division and the county and make the changes available to the Division for review; or

(b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division’s notice of non-compliance within 21 days of receipt of the determination.

(6) If the tasks laid out in the workplan are not completed in the time frame established in the workplan, the Division shall issue a notice of non-compliance via certified mail specifically stating the reasons for non-compliance. Upon receipt of the notice of non-compliance, the county shall either:

(a) Within 90 days revise the plan and make the changes available to the Division for review; or

(b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division’s notice of non-compliance within 21 days of receipt of the determination.

(7) All requests for an administrative proceeding shall be filed in accordance with Section 120.57, F.S., and Rule Section 28-106.201, F.A.C. Failure to request an administrative proceeding within the time frames noted above and failure to request an administrative proceeding in accordance with this chapter shall constitute a waiver of the opportunity to contest the notice of non-compliance.

(8) If the Division is unable, for any reason, to provide notice to the county regarding the results of its review within 60 days, it will forward a notice to the county stating its intent to extend the review period a length of time up to 90 days.

(9) If the county is unable, for any reason, to provide a copy of their plan within 60 days of receipt of the intent to review notification, it will request an extension to the Division to extend the deadline for turning in their plan stating just cause. Upon approval by the Division, the extension will allow 90 days for the county to submit a copy of their plan. If after the extension the county is still unable to submit their plan, the county must develop a workplan which is approved by the Division.

(10) In order to ensure that County and Municipal Comprehensive Emergency Management Plans can be implemented in the event of a disaster or emergency, each agency assigned responsibility in the plan must coordinate the development of implementation procedures. The jurisdiction promulgating the plan shall document this coordination.

(11) After a determination that a County Comprehensive Emergency Management Plan is in compliance with the terms of this chapter the approved plan must be adopted by resolution of the governing body of the jurisdiction within 90 days of receiving notification of compliance from the Division before it becomes the Comprehensive Emergency Management Plan for such local government. If the county is unable to adopt the plan within 90 days the county may request in writing to the Division, stating just cause, an extension of no more than an additional 90 days to adopt the plan. Adoption must occur, at a minimum, every four years. Notification of the date of adoption shall be sent to the Division. Failure to adopt, to notify the Division of an adoption date or make available for review a revised plan and resolution will constitute non-compliance. Upon adoption of the plan, the county shall submit a copy of the adopted plan and resolution to the Division.

History

• Rulemaking Authority 120.57, 252.35(2)(b), (x) FS. Law Implemented 120.57, 252.35(1), (2)(a), (b), (c), (d) FS. History–New 1-18-81, Amended 2-24-85, Formerly 9G-6.06, Amended 2-5-91, 5-11-95, 2-11-01, Formerly 9G-6.006, Amended 7-18-13.

Fla. Admin. Code R. 27P-6.0095 Municipal Comprehensive Emergency Management Plans

Municipal Comprehensive Emergency Management Plans must comply with all the standards and requirements applicable to County Comprehensive Emergency Management Plans. Municipal Comprehensive Emergency Management Plans shall comply with the Local Comprehensive Emergency Plan Compliance Criteria adopted by reference in subsection 27P-6.0023(7), F.A.C. These criteria are available from the Division and shall be used in the development and review of Municipal Comprehensive Emergency Management Plans. Municipal Comprehensive Emergency Management Plans are encouraged to follow the suggested format for County Comprehensive Emergency Management Plans. Municipal emergency management programs are not required to duplicate the suggested format, but should conform to it as closely as possible.

History

• Rulemaking Authority 252.35(2)(b), (x) FS. Law Implemented 252.35(1), (2)(a), (b), (c), (d), 252.38(2) FS. History–New 2-11-01, Formerly 9G-6.0095.

Fla. Admin. Code R. 27P-6.010 Municipal Comprehensive Emergency Management Plans ‒ Review by County Emergency Management

(1) The provisions of this section shall apply to either initial review by the County Emergency Management Agency, or to review of revised information as a result of a determination by the county emergency management agency that a municipal comprehensive emergency management plan is not in compliance with the terms of this chapter.

(2) If a municipality elects to prepare a comprehensive emergency management plan, the plan shall be periodically reviewed by its respective county emergency management agency to determine compliance with the established criteria.

(3) The County Emergency Management Agency shall provide initial notice to the chief elected official of each municipality in the county of the county’s intent to establish a schedule to review municipal comprehensive emergency management plans. A county shall provide notice to the municipalities of its intent to review a Municipal Comprehensive Emergency Management Plan at least 60 days prior to the initiation of the review. This notice shall also advise the municipalities, in general terms, of the applicable plan requirements. Each municipality must respond to this notice and advise the county of the existence of a municipal comprehensive emergency plan or program. Each municipality shall also provide a copy of this response to the Division. If any municipality creates a comprehensive emergency management plan or program subsequent to this initial notice, it must advise the county emergency management director and the Division in writing, and request that the municipality be included in the county’s plan review schedule.

(4) The County Emergency Management Agency shall provide the municipal emergency program with the results of its review and its finding as to the compliance of the municipal comprehensive emergency management plan within 60 days of completion of its initial review. If the county emergency management agency determines that the municipal comprehensive emergency management plan complies with the requirements of this rule chapter it shall issue a notice of compliance to the municipal emergency management program and to the Division.

(5) When the county emergency management agency determines that a municipal comprehensive emergency management plan is not in compliance with the requirements of this rule chapter, it shall issue a notice of non-compliance specifically stating the reasons for non-compliance. Upon receipt of a notice of non-compliance, the municipal emergency program shall, within 60 days, revise its plan, notify the county emergency management agency and make the revised information available for review by the county emergency management agency.

(6) If the county is unable, for any reason, to provide notice to the municipality regarding the results of its review within 60 days, it will forward a notice to the municipal emergency management program stating its intent to extend the review period for the specifically identified time necessary to provide notice.

(7) In order to ensure that Municipal Comprehensive Emergency Management Plans can be implemented in the event of a disaster or emergency, each agency assigned responsibility in the plan must coordinate the development of implementation procedures. The jurisdiction promulgating the plan shall document this coordination.

(8) After a determination that a Municipal Comprehensive Emergency Management Plan is in compliance with the terms of this chapter, the approved plan must be adopted by resolution of the governing body of the jurisdiction before it becomes the Comprehensive Emergency Management Plan for such local government.

History

• Rulemaking Authority 252.35(2)(b), (x) FS. Law Implemented 252.35(1), (2)(a), (b), (c), (d), 252.38(1), (2) FS. History–New 5-11-95, Amended 2-11-01, Formerly 9G-6.010.

Chapter 27P-11 FUNDING FORMULA

Fla. Admin. Code R. 27P-11.004 Prerequisites

No application for matching funding will be considered unless an applying county complies with each of the following requirements:

(1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director, but, must, as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity. “Full-time Emergency Management Director” means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction.

(2) The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget.

History

• Rulemaking Authority 252.35(2)(x), 252.373(2) FS. Law Implemented 252.373 FS. History–New 2-15-82, Amended 10-5-82, 10-1-84, Formerly 9G-11.04, Amended 9-18-96, 10-2-97, Formerly 9G-11.004, Amended 7-18-13.

Fla. Admin. Code R. 27P-11.0061 Funding

(1) Eligible County Emergency Management Agencies in the state shall be collectively allocated 40% of total Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funding provided to the Division of Emergency Management each year. This funding shall be distributed to the counties in the following manner: each County shall receive a base amount of fifty percent of the overall allocation, equally distributed to each county. The remaining funds shall be distributed in an amount commensurate with each county’s proportionate share of the state’s total population, based on the most recent official University of Florida Bureau of Economic and Business Research’s population estimates; unless reduced as outlined in subsection 27P-11.0061(4), F.A.C.

(2) Federal funds shall be used by the county for planning, organization, equipment, training, exercise. and management and administration expenses. Each county must be able to provide a non-federal cost share for federal funds on a dollar for dollar basis.

(3) Federal funds received pursuant to 27P-11.0061(1), F.A.C. shall be provided to the counties through an agreement with a 1-year performance period, unless extended due to extenuating circumstances, consistent with the counties fiscal year. Any unspent funds, at the end of the performance period shall be forfeited by the county and reallocated pursuant to subsection 27P-11.0061(5), F.A.C.

(4) Should a county forfeit funds as described in subsection 27P-11.0061(3), F.A.C. in an amount greater than $1,000, the following year’s allocation shall be reduced by an amount equal to 50% of the forfeited funds. However, this reduction shall not reduce their , F.A.C. allocation below the base amount described in subsection 27P-11.0061(1), F.A.C.

(5) The end of the performance period outlined in subsection 27P-11.0061(3), any forfeited funds or funds made available by the reduction outlined in subsection 27P-11.0061(4), F.A.C. shall be distributed in an open and equitable manner, to those County Emergency Management Agencies that have projects able to be completed within a six-month performance period.

History

• Rulemaking Authority 252.35(2)(y), 252.373(2) FS. Law Implemented 252.373 FS. History–New 10-1-84, Formerly 9G-11.061, Amended 9-18-96, Formerly 9G-11.0061, Amended 7-18-13, 10-12-23.

Chapter 27P-14 HAZARDOUS MATERIALS

Fla. Admin. Code R. 27P-14.002 Definitions

As used in this rule chapter:

(1) “Agricultural Employee” means each full-time and each part-time non-seasonal employee within this state reported by the owner or operator of an agricultural facility to the Department of Economic Opportunity for unemployment compensation tax purposes, the total number of which shall not be less than the number for the month reflecting the lowest number of employees for the calendar year.

(2) “Agricultural facility” means a facility which engages primarily in the commercial production of agricultural commodities, and has hazardous materials present which qualify for the routine agricultural use exemption under the Emergency Planning and Community Right-To-Know Act (EPCRA), Section 311(e). Commercial production shall include the handling and packaging of the owner/operator’s agricultural commodities only when the handling and packaging is incidental to or in conjunction with the owner/operator’s agricultural operation.

(3) “Commission” means the State Hazardous Materials Emergency Response Commission created pursuant to s. 301 of EPCRA.

(4) “Committee” means any local emergency planning committee established in the state pursuant to s. 301 of EPCRA.

(5) “Employee” means each full-time and each part-time employee employed within the State by the owner or operator of a facility as reported to the Department of Economic Opportunity for unemployment compensation tax purposes for the last month of the calendar year.

(6) “Division” means the Division of Emergency Management, Executive Office of the Governor.

(7) “Facility” means facility as defined in s. 329 of EPCRA. Vehicles placarded according to 49 Code of Federal Regulations shall not be considered a facility except for the purposes of Section 304 of EPCRA.

(8) “Hazardous material” means any hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of EPCRA.

(9) “Report” means a notification under s. 302 of EPCRA or an inventory form under s. 312 of EPCRA.

(10) “EPCRA’ means the Emergency Planning and Community Right-To-Know Act of 1986, Title III of the Superfund Amendments and Reauthorization Act of 1986, ss. 300 through 329 of Pub. L. No. 99-499, 42 U.S.C. ss. 11001, et seq.; and federal regulations adopted thereunder.

(11) “Owner/Operator” means a sole proprietorship, or partnership, or company with an assigned Federal Employer Identification number, that reports employees to the Florida Department of Economic Opportunity including, at a minimum, employees at the facility in Florida subject to reporting under EPCRA Section 302 or 312.

(12) “Vehicle” means “motor vehicle” as defined in 49 Code of Federal Regulations, Section 171.8.

(13) “Electronic transmission” means the transmission of documents by electronic signals to or from the Division which when received can be transferred electronically into existing databases or can be transformed and stored or reproduced on paper or other electronic record keeping system.

History

• Rulemaking Authority 252.35(2)(x), 252.83(1) FS. Law Implemented 252.82 FS. History–New 11-24-88, Amended 12-31-92, 1-3-01, 3-13-06, Formerly 9G-14.002.

Fla. Admin. Code R. 27P-14.003 Annual Registration Fee

(1) Any owner of operator of a facility required by s. 302 or 312 of EPCRA or Section 252.87, F.S., to submit a notification or an annual inventory form to the Commission for any calendar year shall be required to pay an annual registration fee based on the total number of employees as provided in this subsection.

(2) The registration fee shall be due on March 1 of each year during which one or more facilities became or remained subject to the requirements of this section.

(3) For any facility owner or operator regulated under Chapters 368 and 527 or Section 376.303, F.S., which does not have present any extremely hazardous substance, as defined by EPCRA, equal to or in excess of the applicable threshold planning quantity established pursuant to EPCRA, the amount of the registration fee shall be $2.50 for each employee employed within the State by such facility owner or operator, but shall be not less than $25.00 nor more than $500.00 per year.

(4) For any owner or operator of an agricultural facility, the amount of the registration fee for any company shall be $10.00 for each agricultural employee employed within the state by such facility owner or operator, but shall not be less than $25.00 nor more than $2,000.00 per year. For any owner or operator of a facility with a Standard Industrial Classification code of 01, 02, or 07, which is eligible for the routine agricultural use exemption provided under EPCRA, Section 311(e), the amount of the fee shall be $10.00 for each employee employed within the state by such facility owner or operator, but shall not be less than $25.00 nor more than $1,000.00 per year.

(5) For all other facilities the amount of the registration fee shall be $10.00 for each employee employed within the State by such facility owner or operator, but shall be not less than $25.00 nor more than $2,000.00 per year.

(6) Governmental bodies as defined in Section 252.87, F.S., are exempt from the annual registration fee.

History

• Rulemaking Authority 252.35(2)(x), 252.83(1), 252.85(5) FS. Law Implemented 252.85, 252.87 FS. History–New 11-24-88, Amended 12-31-92, 2-26-97, Formerly 9G-14.003.

Fla. Admin. Code R. 27P-14.004 Filing Fee

(1) Any owner or operator of a facility, including any government body as defined by Section 252.87, F.S., who has notified or is required to notify the Commission pursuant to s. 302(c) of EPCRA that the facility owner or operator is subject to the requirements of subchapter I of EPCRA shall be required to pay a one time filing fee of $50.00 per facility as provided by Section 252.85(2), F.S.

(2) Such fee shall be due at the same time the notification is due. Any change in the identity of the owner/operator shall require a new notification and filing fee.

(3) An owner or operator of a facility who gives the notice required by s. 302(c) of EPCRA for more than one facility shall pay the filing fee for each facility, regardless of whether more than one notification is given.

(4) Any owner or operator of a facility with a Standard Industrial Classification code of 01, 02, or 07 subject to the notification or annual inventory form requirement solely because of the presence of EPCRA listed substances in temporary or portable storage units located at the facility for less than 48 consecutive hours shall not be required to pay a one-time filing fee of $50.

History

• Rulemaking Authority 252.35(2)(x), 252.83(1) FS. Law Implemented 252.85 FS. History–New 11-24-88, Amended 12-31-92, 2-26-97, Formerly 9G-14.004.

Fla. Admin. Code R. 27P-14.0045 Section 313 Toxic Chemical Release Inventory Fee

(1) An owner or operator of one or more facilities who is required to submit a United States Environmental Protection Agency Toxic Chemical Release Inventory Form-R report or alternate threshold Form-A filing to the Commission under s. 313 of EPCRA shall be required to pay an annual reporting fee of $150.00 per Toxic Chemical Release Inventory Form-R report and $75 per chemical listed on each Form-A alternate threshold filing for each s. 313 listed EPCRA substances on the Environmental Protection Agency’s list, using the Toxic Release Inventory Tri Fee document (Form Number HMP-08-00)(effective January 1, 2021). This form is available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399.

(2) Such fee shall be due on July 1 of each year.

History

• Rulemaking Authority 252.35(2)(y), 252.83(1) FS. Law Implemented 252.85 FS. History–New 12-31-92, Amended 2-26-97, 12-20-98, 1-3-01, 3-13-06, Formerly 9G-14.0045, Amended 6-4-23.

Fla. Admin. Code R. 27P-14.005 Late Fees

(1) In addition to any registration, filing fee or Toxic Chemical Release Inventory fee required by Section 252.85, F.S., the Division shall add a late fee as provided in this section for the following:

(a) Each failure to file a report or filing that substantially complies with the requirements of EPCRA or Section 252.85, F.S., by the required due date; or

(b) Each failure to pay any fee required by Section 252.85, F.S.

(2) The following procedure shall be utilized by the Division to assess late fees:

(a) A written notification shall be sent which specifies the requirement that has not been met and the amount of the late fee to be paid if the report, filing, or fee necessary to meet the requirement is not submitted to the Division within 30 days of receipt of the notice. The amount of the late fee shall be equal to the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $2,000.00 per late submission.

(b) If the report, filing, or fee is not submitted within 90 days after receipt of the first notice, the Division shall issue a second notice which specifies the requirement which has not been met and the amount of the late fee to be paid if the report or fee necessary to meet the requirement is not submitted within 30 days after receipt of the Division’s second notice. The amount of the late fee shall be twice the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $4,000.00 per late submission.

(3) The date of receipt of notice by the owner or operator shall be the actual date of receipt as evidenced by the executed postal return receipt.

(4) If the report, fee, or both, are mailed, the date of submittal by the owner or operator shall be the postmark. If the report, fee, or both, are hand delivered, the date of submittal by the owner or operator shall be the date of actual receipt by the Division as evidenced by the Division’s date stamp. Hand delivery includes the use of overnight or other private mail carriers.

History

• Rulemaking Authority 252.35(2)(x), 252.83(1), 252.85(5) FS. Law Implemented 252.85 FS. History–New 11-24-88, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, Formerly 9G-14.005.

Fla. Admin. Code R. 27P-14.006 Approved Forms

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

HMP-01-98

Florida State Emergency Response Commission (SERC) Section 302 – Emergency Planning Notification and Fee Form, Revised 9-1-21

http://www.flrules.org/Gateway/reference.asp?No=Ref-15385

1-1-21

HMP-02-00

Florida State Emergency Response Commission (SERC) Consolidated Annual Registration Form, Revised 9-1-21

http://www.flrules.org/Gateway/reference.asp?No=Ref-15386

1-1-21

HMP-05-00

Florida State Emergency Response Commision (SERC) Consolidated Annual Registration Form, Revised 9-1-21

http://www.flrules.org/Gateway/reference.asp?No=Ref-15387

1-1-21

HMP-08-00

Florida State Emergency Response Commission (SERC) Toxic Release Inventory TRI Fee, Revised 9-1-21

http://www.flrules.org/Gateway/reference.asp?No=Ref-15388

1-1-21

DFS-AA-4

State of Florida, Department of Financial Services, Application for Refund, Revised 2-1-07

http://www.flrules.org/Gateway/reference.asp?No=Ref-15389

2-1-07

History

• Rulemaking Authority 252.35(2)(y), 252.83(1) FS. Law Implemented 120.53, 252.85 FS. History–New 11-28-90, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, 1-3-01, 3-13-06, Formerly 9G-14.006, Amended 6-4-23.

Fla. Admin. Code R. 27P-14.007 Refunds

Any owner or operator of a facility may request a refund for overpayment of fees or for fees paid in error. In order to request a refund, the owner or operator of a facility must complete a Refund Application Form (DFS-AA-4)(effective February 1, 2007), hereby incorporated by reference, and submit it to the Commission. Refunds will be processed only after the request has been verified and approved by the Division, all facility reports required pursuant to EPCRA have been filed, and completed accurately, for all required years, and with all required recipients. Applications for refunds must be filed within three (3) years of the date of payment or else the right to a refund shall be barred.

History

• Rulemaking Authority 252.83(1) FS. Law Implemented 252.85 FS. History–New 6-1-95, Amended 1-3-01, Formerly 9G-14.007, Amended 6-4-23.

Fla. Admin. Code R. 27P-14.008 Filings; Amended Filings; Electronic Transmission

(1) Filings with the Division shall be complete and accurate when filed. The filing entity is responsible for any required information omitted from a required filing. The Division’s rejection of a filing for failure to include required information shall comply with subsection 27P-14.005(2), F.A.C.

(2) Supplemental filings, or amendments to existing filings, shall not be permitted absent accompanying written explanation by the amending entity. Supplemental filings or amendments to remedy incorrect information are authorized provided that the information initially submitted is shown to have been indisputably incorrect. Supplemental filings or amendments are authorized in order to add omitted information, correct misspellings, correct figures and numbers, or remedy incorrect terminology. Supplemental filings or amendments solely for the purpose of reducing the fee owed shall not be permitted. Supplemental filings or amendments solely for the purpose of substituting the owner for the operator, or the operator for the owner, shall not be permitted.

(3) Any supplemental filings or amendments shall identify the particular filings to be supplemented or amended, shall be accompanied by the required written explanation, shall demonstrate that copies have been supplied to all other required recipients, and shall be accompanied by any fees or late fees owed.

(4) Annual inventory reports required under EPCRA s. 312 and 324, shall be submitted by electronic transmission to the State Emergency Response Commission. The format must be consistent with electronic transmission software provided by the SERC. While required by federal law, the manner of execution should be accomplished through the use of a certification statement using electronic reporting approved by the SERC. The method of electronic transmission will be accomplished by the Division providing the electronic software including instructions to facility owners/operators via the Internet or, upon request, other available electronic means. Facility owners/operators must return completed electronic annual chemical inventory reports to the SERC within established deadlines.

History

• Rulemaking Authority 252.35(2)(y), 252.83(1) FS. Law Implemented 120.53, 252.83, 252.85 FS. History–New 6-1-95, Amended 1-3-01, Formerly 9G-14.008, Amended 6-4-23.

Fla. Admin. Code R. 27P-14.009 Notification of Change in Owner/Operator Status

The facility owner or operator shall promptly inform the Commission and the Committee of any changes in information necessary for developing and implementing the emergency plan, and any changes in information included on filings with the Commission or Committee, as such changes occur or are expected to occur. In the event that the ownership of the facility changes, the successor entity shall submit supplemental filings to the Commission, Committee and fire department, identifying the successor entity and that the filings are being made due to a change in ownership.

History

• Rulemaking Authority 120.53, 252.35(2)(x), 252.83(1) FS. Law Implemented 252.83, 252.85 FS. History–New 6-1-95, Formerly 9G-14.009.

Fla. Admin. Code R. 27P-14.010 EPCRA Public Information Requests; Inspection and Copies

Requests for inspection and copying of any EPCRA records that are open to the public may be directed to DEMPublicRecords@em.myflorida.com or to the Commission, c/o the Division of Emergency Management at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2149. For further information, please see https://www.floridadisaster.org/hazmat.

(1) There will be a charge of $0.15 per page for standard legal or letter size copies, or if special equipment or paper is required, the RPC or the Division shall charge the estimated actual cost of materials and supplies.

(2) In addition to the actual cost of materials and supplies, a special service charge will be assessed for providing information when the nature or volume of the records requested requires extensive clerical or supervisory assistance by RPC or Division personnel. For the purpose of this rule, “extensive” means that it will take more than 15 minutes to locate, review for confidential information, copy and refile the requested material and any request for EPCRA records which are not currently in the custody of the Committee or the Division, and which must be requested from the facility. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the current rate of pay for the pay grade of the person who performed the service, and will be assessed when appropriate regardless of the number of individual copies made. The RPC or the Division shall add a charge for mailing the requested records when the postal service charge exceeds the cost of mailing a one ounce first class standard size letter.

(3) Payment of costs assessed in subsection (2) or (3) must be received before copies will be provided.

(4) Pursuant to Section 252.88(4), F.S., a fee of $1 per page shall be assessed for copies of 25 or more pages of EPCRA documents.

History

• Rulemaking Authority 252.35(2)(y), 252.83(1) FS. Law Implemented 119.07(1), 120.53, 252.83, 252.88 FS. History–New 6-1-95, Amended 2-26-97, 1-3-01, 3-13-06, Formerly 9G-14.010, Amended 6-4-23.

Fla. Admin. Code R. 27P-14.011 Hazardous Substance and Extremely Hazardous Substance Release Reporting

(1) Any facility required by 42 USC 11004(a) to immediately report the release of a hazardous substance or extremely hazardous substance to the Commission shall provide said notification to the State Watch Office, telephone number (850)413-9911 or 1(800)320-0519.

(2) Any facility required by 42 USC 11004(c) to provide a written follow-up emergency notice to the Commission and a Committee shall submit said written follow-up report as soon as practicable to the Community Emergency Coordinator for the Committee as designated in the Committee plan, at the Committee mailing address, and to the Commission. The written follow-up emergency notice shall include all information required by 42 USC 11004(c).

History

• Rulemaking Authority 120.53, 252.35(2)(x), 252.83(1) FS. Law Implemented 252.35, 252.83 FS. History–New 6-1-95, Amended 2-26-97, 1-3-01, Formerly 9G-14.011.

Chapter 27P-19 BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE

Fla. Admin. Code R. 27P-19.002 Definitions

(1) “Base Grant” means those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies.

(2) “Competitive Awards” means those funds available for awards pursuant to the competitive award process identified in Rule 27P-19.007, F.A.C.

(3) “County Emergency Management Agency” means one of the sixty-seven (67) emergency management agencies authorized, established and maintained by each county pursuant to Section 252.38, F.S.

(4) “Division” means the Division of Emergency Management, Executive Office of the Governor.

(5) “Full-time Director” means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction.

(6) “Municipal Emergency Management Program” means an emergency management program authorized, established and maintained by a legally constituted municipality in Florida, which has signed the Statewide Mutual Aid Agreement and supplied all required information and documentation such that it is ready to be signed by the Division as of the date of the application deadline.

(7) “Part-time Coordinator” means a professional managerial or staff employee, with demonstrated experience in the field of emergency management, who works in an emergency management capacity at least 20 hours a week. Clerical staff shall not qualify as a “Part-time Coordinator.”

(8) “Review Committee” means the group of persons who will review competitive grant applications. The review committee shall consist of a minimum of three persons appointed by the Director of the Division. Not later than five days after the due date for applications as noticed in the Florida Administrative Register, the Florida Emergency Preparedness Association may appoint one representative to the review committee, for a minimum total of four members. The Florida Emergency Preparedness Association representative shall have the same powers and duties as other review committee members, but will abstain from scoring applications received from his/her respective county, including municipalities and non-profit organizations located in his/ her county, or from the Florida Emergency Preparedness Association. Meetings of the committee shall be at the call of the committee’s chairperson, who shall be designated by the Secretary.

(9) “Match” means, for purposes of the competitive grant programs only, contributions, both cash and in-kind, which meet the following requirements:

(a) Are verifiable from the applicant’s official records;

(b) Are not used as required local contributions for any other state or federally assisted programs;

(c) Are necessary and reasonable for proper and efficient accomplishment of the emergency management project objectives, as specified in the application;

(d) Are allowable under OMB Circular A-87, and conform to OMB Circular A-102;

(e) Are provided for in the approved project budget;

(f) If indirect costs, have been approved by the Division and are directly attributable to the project;

(g) Represent an unconditional commitment of currently available funds contingent only upon the award of a grant from the Program;

(h) If the contributions are in-kind, the contributions are directly related to the project; and

(i) If the contributions are in-kind and consist of property, the contributions are based upon the actual value of the property, with allowance for depreciation. The value of employment time or equipment rental claimed as project match shall be identified specifically to the proposed project. All records supporting the treatment of a contribution as project match must be maintained and made available for public inspection, and must be furnished with the proposal.

(10) “Trust Fund” means the Emergency Management, Preparedness, and Assistance Trust Fund established pursuant to Section 1 of Chapter 93-128, Laws of Florida.

(11) “Population” means that number identified in the Florida Estimates of Population published annually by the Population Division, Bureau of Economic and Business Research, University of Florida.

(12) “Recipient” means an Applicant that is offered and accepts an award from the Division.

(13) “Project” for purposes of the competitive grant programs, means a specifically defined and described activity undertaken to further state or local comprehensive emergency management plans including, but not limited to, preparedness, response, recovery and hazard mitigation activities, and priorities identified in the notice of fund availability. Every project shall be defined and described as provided in the program application packet. “Project” does not include financial support for recurring staffing needs.

(14) “Administrative Expenses” for purposes of the competitive grant programs only, means the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant’s indirect rate, if any, applied to those direct costs of management. No more than 5% of the total Emergency Management Preparedness and Assistance program funds awarded for the project may be used for administrative costs as identified herein.

(15) “Applicant” means, for purposes of the competitive grant programs only, the State of Florida, any Florida state or regional planning agency, Florida local government, or any private non-profit organization providing emergency management services in the State of Florida, proposing, pursuant to this rule chapter, a project that will further state and local emergency management objectives pursuant to the provisions of the Program.

(16) “Application cycle” means, for purposes of the competitive grant programs only, the period beginning with the publication of the Notice of Fund Availability of competitive grants pursuant to this rule chapter in the Florida Administrative Register and ending with the allocation of awards, including resolution of any administrative proceedings. There can be more than one application cycle during a single fiscal year.

(17) “Local government” means any county, municipality, or other political subdivision of the State of Florida.

(18) “Private nonprofit organization” for purposes of the competitive grant programs, means a nongovernmental entity that is formally constituted, authorized to do business in the State of Florida, that has a history of providing emergency management services in the State of Florida, and that currently has an effective ruling letter from the U.S. Internal Revenue Service, granting a tax exemption under Sections 501(c), (d) or (e) of the Internal Revenue Service Code. Evidence demonstrating that an Applicant meets this definition shall be supplied with the application.

(19) “Regional planning agency” means the regional planning council created pursuant to Sections 186.501-186.515, F.S., to exercise responsibilities under Sections 186.001-186.031 and 186.801-186.901, F.S., in a particular region of the state.

(20) “State agency” means each separate agency or unit of Florida state government, as opposed to local government, created or established by law, and includes the Fish and Wildlife Conservation Commission, Water Management Districts and the Department of Military Affairs.

(21) “Program” for purposes of the competitive grant programs only, means the Emergency Management, Preparedness, and Assistance Trust Fund Competitive Grant Program.

(22) “Application” for purposes of the competitive grant programs only, means the original 15 page summary that will be submitted at or before the published application deadline, and will consist of the transmittal letter, signed title page, table of contents, criteria narrative, and proposed budget only.

(23) “Proposal” for purposes of the competitive grant programs only, means the full complete presentation inclusive of all attachments or appendix items as referenced or identified in the original application. Applicants who receive notice that they will be receiving an award must submit a complete proposal with all identified documents within a specific time frame, to be sent to the Division of Emergency Management.

(24) “Project item(s)” for purposes of the competitive grant programs only, means the item(s) that are identified within the proposed application, which upon submission to the Division of Emergency Management will demonstrate that the project is complete. A complete listing of all applicable items must be submitted with the proposal as identified in subsection 27P-19.002(24), F.A.C.

(25) “Timeline” for purposes of the competitive grant programs only, means a document outlining the schedule and tasks that the applicant will perform in order to complete the project as identified within the proposed application within the twelve month contract period.

(26) “Critical Facilities” for purposes of the competitive grant programs only, means public hurricane evacuation shelters, emergency operations centers, structures for fire stations, rescue operations, or law enforcement facilities, hospitals, public works facilities, and any similar disaster response facility.

(27) “ARC 4496” for purposes of the competitive grant programs only, is a publication by the American Red Cross titled Standards for Hurricane Evacuation Shelter Selection (ARC 4496, Rev. January 2002).

(28) “Rural Economic Development Initiative (REDI) reduction or waiver” for purposes of the competitive grant programs only, means the reduction or waiver as identified in a Notice of Fund Availability published in the Florida Administrative Register, of financial match requirements pursuant to Section 288.0656(2)(b), F.S.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-10-97, 10-11-98, 10-11-00, 10-22-02, 1-3-06, Formerly 9G-19.002, Amended 7-18-13.

Fla. Admin. Code R. 27P-19.003 Limitations

(1) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature.

(2) The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. In the event the need arises to proportionally adjust the funds available pursuant to this rule chapter, the Division shall provide notice, as soon as practicable, to all affected entities, of the need to implement the proportional adjustment. Thereafter, each affected entity shall cease expenditures of funds as necessary to meet the proportional adjustment. If authorized by the Legislature, and in the event that funds are available from receipts to the Trust Fund, the Division shall provide funds, up to the amount reduced by the previous proportional adjustment, to those entities whose funding was decreased by a previous proportional adjustment.

(3) Funds received from the Emergency Management, Preparedness, and Assistance Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund.

(4) All percentages used in this rule are to be applied to the amount appropriated after the deletion of any service charges applied to the Trust Fund.

(5) As relates to the competitive grant programs only, no more than 5 percent of any award made pursuant to this rule may be used for administrative expenses.

(6) 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.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, 1-3-06, Formerly 9G-19.003.

Fla. Admin. Code R. 27P-19.004 Base Grant Eligibility

(1) To be eligible to receive the Base Grant, each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A.C.

(2) Counties with population of 75,000 or more shall have a Full-time Director in order to qualify for an allocation.

(3) Counties with a population less than 75,000, or which are parties to an inter-jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., shall have an emergency management coordinator who works at least 20 hours a week in that capacity or a Full-time Director in order to qualify for an allocation.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 10-11-00, Formerly 9G-19.004, Amended 7-18-13.

Fla. Admin. Code R. 27P-19.005 Base Grant Distribution Formula

(1) Base Grants shall be awarded to a county for the use and benefit of the County Emergency Management Agency.

(2) Funds shall be allocated to implement and administer county emergency management programs including management and administration, training, and operations. All allocations shall be subject to any pertinent Legislative appropriation.

(3) Base grant monies may be designated and retained by the Division in order to cover the operational costs associated with each of the county connections for the statewide communications system as administered and coordinated by the Division. For each county, this amount shall not exceed the individual cost of the county’s communication link. These funds will be identified and withheld following the base grant allocations. The amount of funds so retained by the Division shall be identified to each County Emergency Management Agency.

(4) Each County Emergency Management Agency with a Full-time Director shall receive a base grant allocation based on the amount available in subsection 27P-19.005(2), F.A.C., divided by 67, minus the amount determined for each county in subsection 27P-19.005(3), F.A.C.

(5) Each County Emergency Management Agency with a Part-time coordinator shall receive a base grant allocation based on the amount available in subsection 27P-19.005(2), F.A.C., divided by 67, multiplied by 65 percent, and minus the amount determined for each county in subsection 27P-19.005(3), F.A.C.

(6) All base grant allocations shall be made contingent upon the County’s commitment to, and accomplishment of, a scope of work identified by the Division each year. Said commitment shall be embodied in a written grant agreement executed between the County and the Division. The agreement shall provide for reimbursement of costs up to the fixed amount of the award. Failure to agree to, execute or comply with the terms of the grant agreement shall constitute noncompliance.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 216.052, 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 1-3-06, Formerly 9G-19.005.

Fla. Admin. Code R. 27P-19.006 Reallocation of Base Grant Funds

(1) Those funds available in subsection 27P-19.005(2), F.A.C., not allocated under subsections 27P-19.005(4) and (5), F.A.C., shall be identified by the Division prior to October 1 of each year for reallocation to County Emergency Management Agencies.

(2) 25 percent of those funds identified in subsection 27P-19.006(1), F.A.C., shall be divided equally among counties participating in the Statewide Mutual Aid Agreement as of January 1 of each year. Such Mutual Aid Agreements shall be submitted to and approved by the Division.

(3) 75 percent of those funds identified in subsection 27P-19.006(1), F.A.C., shall be divided proportionally among participating County Emergency Management Agencies based upon county population.

(4) Should any Base Grant funds which were originally allocated under subsections 27P-19.005(4) and (5), F.A.C., remain unspent after the annual closeout of each Base Grant award, they may be redistributed to the counties which spent all of that year’s award plus carried forward amounts, if any, from the previous year’s award. For purposes of this rule, any county which reverts $250.00 or less will be considered to have spent all of its award. Also, for purposes of this rule, amounts approved by the Division for carry forward from the award year being redistributed, into the next award year, will be considered to have been spent. The funds identified for this redistribution will be reallocated by the Division in accordance with subsections (2) and (3) of this rule; 25% based on mutual aid participation and 75% based on population. Redistributed funds will be made available to eligible counties as soon as possible after Division closeout activities have been completed. The minimum total reversion amount set as a threshold to initiate this redistribution process is an amount equal to one (1) percent of the total initial allocation for the year being redistributed.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, 11-10-97, Formerly 9G-19.006, Amended 7-18-13.

Fla. Admin. Code R. 27P-19.007 Competitive Awards Eligibility

(1) Non-recurring Competitive Awards may be made to state, regional and local governments and nonprofit organizations under the Emergency Management Competitive Grant Program and to Municipal Emergency Management Programs under the Municipal Competitive Grant Program. “Municipal Emergency Management Program” means an emergency management program authorized, established and maintained by a legally constituted municipality in Florida, which has signed the current Statewide Mutual Aid Agreement and supplied all required information and documentation such that it is ready to be signed by the Division as of the date of the application deadline.

(2) Awards shall be disbursed pursuant to the procedures set forth in Rule 27P-19.008, F.A.C.

(3) Funds shall be allocated for grants to implement projects that will further state and local emergency management objectives. These funds shall be identified for awards to Municipal Emergency Management Programs under the Municipal Competitive Grant Program and for awards to state, regional and local governments and nonprofit organizations under the Emergency Management Competitive Grant Program. All allocations shall be subject to Legislative appropriations.

(4) Under the Municipal Competitive Grant Program, each Municipal Emergency Management Program may apply for one competitive grant. The maximum award amount will be established annually by the Division in a Notice of Fund Availability and published in the Florida Administrative Register. Joint applications by two or more municipalities shall be permitted, however the total award for any municipality application shall be limited to the amount established annually by the Division in a Notice of Fund Availability and published in the Florida Administrative Register. Under the Emergency Management Competitive Grant Program, eligible applicants may submit multiple applications, however, no single application shall seek or receive an award in excess of the amount established annually by the Division in a Notice of Fund Availability and published in the Florida Administrative Register. All eligible applicants, with the exception of counties, shall be limited to no more than three (3) application submissions in an application cycle.

(5) The Division shall administer the competitive grants once awarded. All applicants awarded funding must submit to the Division a proposal as defined in subsection 27P-19.002(24), F.A.C. All awards shall be embodied in a written grant agreement. All awards shall be contingent upon commitment to and performance of a scope of work identified by the Division. The scope of work shall be based upon the project(s) identified in the grant application. The agreement shall provide for reimbursement of costs up to the fixed amount of the award. Failure to agree to, execute or comply with the terms of the grant agreement shall constitute noncompliance.

(6) Those funds not allocated under the rules pertaining to the Emergency Management Competitive Grant Program as prescribed in subsection 27P-19.009(2), F.A.C., shall be retained in the Trust Fund.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 10-14-98, 10-11-00, 10-22-02, 1-3-06, Formerly 9G-19.007.

Fla. Admin. Code R. 27P-19.008 Procedures for Awarding Competitive Grants

(1) Eligible applicants desiring to apply for a competitive grant shall submit their application to the Division by the deadline established annually by the Division in a Notice of Fund Availability in the Florida Administrative Register. Such notice shall be published at least 60 days prior to the application deadline date, shall also designate any priority projects and shall designate the location for submission of the applications. Municipalities desiring to apply for a competitive grant under the Municipal Competitive Grant Program must meet the applicable eligibility criteria in Rule 27P-19.007, F.A.C.

(2) Applications for a competitive award shall include a statement from the County Emergency Management Agency describing the extent to which the project is consistent with the county’s Comprehensive Emergency Management Plan. A copy of the applicant’s letter requesting this statement must be included in the application. The applicant shall supply a description of the project to the applicable County Emergency Management Agency(ies) at least thirty (30) days prior to the deadline for submitting the application. The applicable Emergency Management Agency(ies) will make a consistency determination of the project, and also address other issues that may be relevant to the project, such as duplication of an existing capability. When the applicable Emergency Management Agency(ies) determines that the project is consistent or inconsistent, or is unable to make a consistency determination for any reason, it (they) shall provide a written explanation to the Division. If a county fails to respond to an applicant’s timely submitted request for such a statement, as evidenced by inclusion of a dated copy of the project description letter in the application, the application shall be considered consistent with the applicable Comprehensive Emergency Management Plan. The county’s consistency determination shall be considered by the review committee, provided it is received at least thirty (30) days before the deadline for transmitting preliminary scores and resulting rankings. Failure to supply the project description to the County Emergency Management Agency at least thirty (30) days prior to the deadline for submitting application shall result in no award of points for consistency with local government plans and objectives.

(3) The Division hereby adopts by reference the Emergency Management, Preparedness, and Assistance Trust Fund Competitive Grant Program Application Packet, Form No. 008, July 2005 version, which provides forms, instructions, and other information necessary for submission of an application for Competitive Grant funds submitted pursuant to Rule 27P-19.008, F.A.C.

(4) Application packets may be obtained from the website www.floridadisaster.org or from the Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention: EMPATF Program. Requests should specify the Competitive Grant Program Application Packet.

(5) All applications shall conform to the following requirements, and shall be reviewed for technical conformity in accordance with the following procedures:

(a) All applications shall adhere to the format specified in the Application Packet, Form No. 008, July 2005 version.

(b) All applications shall be complete, accurate and legible when submitted.

(c) Any applicant may receive a preliminary technical review of its application by submitting the application not later than twenty-one (21) days before the published application deadline. Preliminary technical review shall be limited to signature authority, technical conformity to the instructions in the Application Packet, and other technical requirements. No application will be scored or otherwise evaluated for content during preliminary technical review. The Division will inform the applicant of any technical deficiencies in the application by telephone, e-mail or facsimile not later than ten (10) days in advance of the published application deadline to give the applicant an opportunity to rectify them before the deadline.

(d) All applications shall be submitted not later than 4:00 p.m. (Eastern Time) on the date of the published application deadline. With the exception in paragraph (e) of this rule, no application may be amended, added to, or otherwise modified after 4:00 p.m. (Eastern Time) on the date of the published application deadline, other than to provide clarifying information as requested by the Division.

(e) The Division shall inform the applicant by telephone, e-mail or facsimile not later than five (5) days after the date of the published application deadline if it intends to reject the application for failure to provide evidence of signature authority with the application, for technical noncompliance with the instructions in the Application Packet, or for noncompliance with other technical requirements. Notwithstanding any provision to the contrary elsewhere in this rule chapter, the applicant shall then have up to fifteen (15) days from the date of the published application deadline or to the close of the next business day thereafter to supplement its application with adequate written evidence of signature authority or rectify any other technical deficiencies.

(6) An original and five (5) copies of the application shall be submitted, unless submitted on-line and then one copy in a format and software as prescribed in the application packet shall be submitted.

(7) Applications submitted shall be executed by the chief elected official or the chairman of the governing board unless this authority has been delegated to the chief executive officer or other government official, who shall then endorse the application. Evidence of the delegation of authority shall be supplied with the application. If the governmental entity does not have a governing board or chief elected official, then the application shall be executed by the chief administrative officer and evidence of his or her authority to bind the governmental entity shall be supplied with the application. If the Applicant is not a governmental entity, then the application shall be executed by the governing board, or, if there is no governing board, then the application shall be executed by the chief executive officer. If the application is transmitted on-line, it shall be transmitted not later than three (3) days before the published application deadline. A hard copy of the title page containing the original authorized signature must be submitted by mail, and must be received by the Division by the published application deadline date.

(8) Applications shall be rejected if:

(a) The Applicant has been found to have engaged in fraudulent actions or misrepresented facts in connection with the application;

(b) The Applicant had previously been found to have engaged in fraudulent actions or misrepresentations within three years of the Notice of Fund Availability;

(c) The application has not been submitted in accordance with the Application Packet and the accompanying instructions provided by the Division, or achieved the required threshold, or does not otherwise comply with this rule chapter;

(d) The project is inconsistent with the purposes of the Program or does not conform to the application requirements specified in this rule chapter;

(e) The application is not received before 4:00 p.m., Eastern Time, on the noticed application deadline date; or

(f) The Applicant has been notified that it is not in compliance with the terms and conditions of any open contractual agreement from any funding administered by the Division.

(g) The Applicant is ineligible.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-10-97, 10-14-98, 10-11-00, 10-22-02, 11-27-03, 1-3-06, Formerly 9G-19.008.

Fla. Admin. Code R. 27P-19.009 Selection Criteria for Competitive Grants

(1) The review committee shall review all applications that are received by the noticed application deadline and that comply with the application procedures and requirements set forth in this rule. Applications that are either not received by the noticed application deadline or that do not comply with the application procedures and requirements set forth in this rule shall be rejected. Received means delivery by hand, certified mail, electronically transmitted (disk or on-line) or courier to the location designated in the Notice of Fund Availability no later than 4:00 p.m., Eastern Time, on the final day of the application period. Facsimile transmissions shall not be accepted.

(2) Applications shall be scored by the review committee independently and the scores shall be totaled and averaged. Thereafter, the committee shall evaluate the scores and arrive at preliminary scores and resulting rankings. Preliminary scores and resulting rankings shall be prepared within each category based upon the total number of points earned with the overall highest number of points determining priority for funding. The review committee shall, within 75 days of the application deadline date, post preliminary scores and resulting rankings on the Division of Emergency Management website www.floridadisaster.org. Upon determination, final scores and resulting rankings will be posted on the Division of Emergency Management website, www.floridadisaster.org. Funds shall be offered to the Applicant with the overall highest score, then to the Applicant with the next overall highest score, and so on, until all funds have been offered and accepted, or all eligible applications have been funded, or insufficient funds remain to fund an eligible project. The Division may offer to fund all or part of the project or all or part of the amount requested in an application. Applicants shall be given 21 days to accept or reject a proposed award. Written notice of acceptance shall be delivered to the Division offices designated in the notice of award along with a complete proposal, revised budget, timeline and a list of project items. In the event that an Applicant fails to accept or reject a proposed award offered for the Emergency Management Competitive Grant Program or the Municipal Competitive Grant Program within the specified time, then the funds offered shall revert to the Trust Fund.

(3) The review committee may use other Division staff, staff from other state and regional agencies and local governments that have not applied for funds, or professional consultants, to assist in reviewing an application.

(4) In the event of a tie, the review committee shall give first priority to the application which provides the largest amount of cash match of other funds for the project, and, if a tie still results, then preference shall be given in accordance with Section 18, Chapter 92-132, Laws of Florida, to the project exclusively located or to be performed in a county or municipality which has been adversely affected by an environmental cleanup initiative conducted by the state, or is located in a Front Porch Community.

(5) Applications will be accepted for awards in four separate categories. A municipality shall not apply for funding for the same project from both the funding available under the Emergency Management Competitive Grant Program and the funding available under the Municipal Competitive Grant Program. Each application must designate one, and only one, of the categories noted in this rule. Failure to designate a category, or designating a category that is unrelated to the proposed project, shall result in rejection of the application. If sufficient numbers of applications that achieve the minimum score are received, at least one application will be funded from each category. The categories are:

(a) Projects that will promote public education on disaster preparedness and recovery issues.

(b) Projects that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business partnership efforts.

(c) Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan.

(d) Other projects that will further state and local emergency management objectives designated as priorities in the applicable Notice of Fund Availability.

(6) Applications shall be awarded points and ranked using the following criteria:

(a) Extent to which the proposed project is consistent with and furthers the State Comprehensive Emergency Management Plan and the applicable local comprehensive emergency management plan or plans. [Maximum score 100 points]

(b) Proposed project method and approach. [Maximum score 100 points]

(c) Amount of eligible match supplied by the applicant for the proposed project. [Maximum score 50 points]

(d) Experience and ability applied to the project. [Maximum score 25 points]

(e) Immediacy of tangible emergency management benefits (short term projects, i.e. – less than 12 months in duration), or, long term emergency management benefits coupled with the availability of resources to continue implementation of the project past the term of the award (long term projects, i.e. – duration of 12 months or longer). Identify the emergency management organizations or the targeted population area whose emergency management needs will be directly benefitted by the project or both if applicable. [Maximum score 75 points]

(f) Extent to which the proposed project addresses a demonstrated emergency management need. [Maximum score 50 points]

(g) Extent to which the proposed project addresses an emergency management priority, as identified in the Notice of Fund Availability. [Maximum score 100 points] These points are only available for applications submitted under paragraph 27P-19.009(5)(d), F.A.C.

(7) Points shall be awarded based upon the evidence contained in the application. No points shall be awarded based upon information not contained in the application. Applicants shall supply in their project application all information which they desire to be evaluated for an award of points.

(8) Regardless of their competitive ranking, applications that do not score at least 300 points shall be ineligible for funding.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 10-11-98, 10-11-00, 10-22-02, 11-27-03, 1-3-06, Formerly 9G-19.009.

Fla. Admin. Code R. 27P-19.010 Disbursement

(1) The amount of funds estimated as available for Base Grant and Competitive Award allocations shall be noticed prior to each grant cycle.

(2) Base Grant Awards provided under this rule shall be offered to the Board of County Commissioners. Competitive Awards shall be offered to and accepted by the chief executive officer, or by the appropriate governing body, if a local government.

(3) Funds disbursed to the Recipient for a competitive award by the Division that are not expended in implementing the project shall be returned to the Division, along with interest earned on the funds, within ninety (90) days of the expiration of the award agreement. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it shall notify the Division and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Division may approve the use of the unexpended funds. Overbudgeting projects will result in a diminished score of the project.

(4) Each Recipient may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said reports shall be provided using the forms included in the grant agreement, as supplemented by any particular information requested in writing by the Division prior to the due date of the report. The term of a competitive grant shall be as set forth in the grant agreement, subject to any limitations imposed by the applicable legislative appropriation. Any extensions shall be governed by Section 287.057(11), F.S.

(5) All recipients of trust funds shall cause a financial audit to be performed in accordance with Section 216.349, F.S. A report of the audit will be forwarded to the Division within 60 days of its completion.

(6) Upon written request and accompanying documentation detailing exceptional circumstances justifying the need, not later than March 31 of each year, Base Grant Recipients receiving trust funds may carry forward up to twenty-five (25) percent of a single year grant award to the next fiscal year. For purposes of this rule, amonts approved by the Division for carry forward from the award year into the next award year, will be considered to have been spent. Base Grant Recipients shall establish a separate account code in an interest bearing account for approved carry forward funds and must annually report the use of the funds and fund balances to the Division with the recipients annual Base Grant close out report until the funds are fully expended.

(7) Recipients shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. For purposes of the competitive grant programs only, the Recipient shall identify the applicable procurement rules, regulations and standards to be used in the first progress report to the Division following the notice of award.

(8) The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received.

(9) The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday.

(10) The Division shall prescribe the type of information, timing and format in which project information shall be reported in the grant agreement. In the event that the Division determines that additional reports are necessary in order to demonstrate compliance with this rule chapter or the terms of the grant agreement, then the grant recipient shall supply said reports. Failure to meet the requirements related to reporting shall constitute noncompliance.

(11) Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars, or, in the event no circular applies, by 48 C.F.R. part 31 CONTRACT COST PRINCIPLES AND PROCEDURES.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 216.052, 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 6-21-95, 11-13-96, 11-27-03, 1-3-06, Formerly 9G-19.010, Amended 7-18-13.

Fla. Admin. Code R. 27P-19.011 Match Requirements

(1) Base Grants shall be matched at an amount either equal to the average of the previous three years’ level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the “level of county funding of the County Emergency Management Agency.” Each county shall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding.

(2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county’s chief elected officer and the certification of reduction in county budget funding shall be signed by the county’s chief financial officer. Requests shall certify the intent to return to pre-reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived.

(3) Competitive Awards shall not have a minimum match requirement.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, Formerly 9G-19.011, Amended 7-21-13.

Fla. Admin. Code R. 27P-19.014 Noncompliance

(1) If a recipient fails to comply with any term or condition applicable to an award under this rule chapter or any term or condition including, but not limited to, federal and state laws, rules and regulations, applicable to any other funding administered by the Division, then the Division shall take one or more of the following actions, as indicated by the attendant circumstances:

(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 rule chapter;

(e) Recover all funds provided under the current award.

(2) 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 the recipient has substantially complied with, and has not knowingly violated, all applicable requirements, and thereafter expressly authorizes costs in writing. Other recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:

(a) 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

(b) 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.

(3) Recipients of terminated grants shall remain obligated to provide all required closeout information.

(4) In the event that any audit determines that costs reimbursed or otherwise funded under this rule 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.

History

• Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS. History–New 1-12-94, Amended 11-13-96, Formerly 9G-19.014.

Chapter 27P-20 FEE SCHEDULE FOR COUNTY EMERGENCY MANAGEMENT AGENCY REVIEW OF FACILITY EMERGENCY MANAGEMENT PLANS

Fla. Admin. Code R. 27P-20.002 Definitions

(1) “County” means one of the 67 counties within the State of Florida.

(2) “Facility” means all buildings, equipment, structures and other items located on a single site or on contiguous and adjacent sites and which are owned or operated by the same person, or by any person which controls, is controlled by, or under common control with, such person, and which is required by statute or rule to prepare a plan. Adult congregate living facilities, nursing homes, group homes, intermediate care facilities for the developmentally disabled, ambulatory surgical centers, and hospitals shall all be included within the definition of “facility,” however, each such entity shall constitute a separate facility for purposes of plan review.

(3) “Person” means any individual, sole proprietorship, trust, firm, joint stock company, corporation, partnership, association and any other legally constituted entity authorized to do business in the State of Florida.

(4) “Plan” means a facility specific operational or informational plan for purposes of managing emergency response, recovery, mitigation or preparation, the promulgation of which is required by statute or rule.

(5) “Division” means the Florida Division of Emergency Management, Executive Office of the Governor.

(6) “County Emergency Management Agency” means the emergency management agency established by a County pursuant to Section 252.38, Florida Statutes, as amended by Chapter 93-211, Laws of Florida.

(7) “Criteria” means that standard adopted by Florida law for judging the plan, and shall include any standard adopted by rule of the Agency for Health Care Administration for plans of nursing home, ambulatory surgical center, and hospitals, and by rule of the Department of Health and Rehabilitative Services for plans of group homes, adult congregate living facilities and intermediate care facilities for the developmentally disabled.

(8) “Significant change” means:

(a) A change in ownership or operating entity of the facility; or

(b) An increase of 10% or more in the licensed capacity, if a Certificate of Need applies to the facility, or resident population, if no certificate of need applies, at the facility, calculated as of the date of submission of the plan, as compared to the resident population on the date of approval of the previous plan; or

(c) An alteration in the facility resulting from construction or renovation activities which has an effect on the plan; or

(d) A variation in service providers or other resource providers identified in the last approved plan; or

(e) A modification in the emergency management resources serving the facility; or

(f) A modification in the hazard(s) to which the facility is exposed; or

(g) Any modification in in-patient services that requires a Certificate of Need; or any combination of (a) through (g).

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(2)(m), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) FS. History–New 12-4-94, Formerly 9G-20.002.

Fla. Admin. Code R. 27P-20.003 Plan Review Fee

(1) County Emergency Management Agencies are authorized to charge a fee to compensate for the cost of the review of plans, submitted to the County Emergency Management Agency by facilities, to ensure compliance with plan review criteria. A separate fee is authorized for each plan submitted.

(2) The maximum fee shall be determined by the County Emergency Management Agency by calculating the actual number of hours or parts thereof necessary for review of the plan, multiplying that figure by the rate of $25 per hour, and adding to that result an amount equal to not more than 25% of that figure, to cover miscellaneous and indirect costs. Upon receipt of each facility plan, the county shall establish a cost identifier for the plan for purposes of tracking review costs.

(3) For facilities licensed for more than 16 beds, County Emergency Management Agencies are authorized to charge up to five hundred dollars ($500.00) for reviewing a facility plan, unless there is no significant change from the last approved plan submitted by that facility, or unless the facility requests technical assistance from the County Emergency Management Agency. This limit reflects up to sixteen (16) hours of review and processing time plus the authorized miscellaneous and indirect cost rate. If there is no significant change from the last approved plan submitted by that facility, or if the facility is licensed for 16 beds or less, then County Emergency Management Agencies are authorized to charge no more than two hundred and fifty dollars ($250.00) for reviewing a facility plan. This limit reflects up to eight (8) hours of review and processing time plus the authorized miscellaneous and indirect cost rate. If, in order to facilitate compliance with plan review criteria, a facility requests technical assistance from the County Emergency Management Agency, then the County Emergency Management Agency is authorized to charge up to twenty-five dollars ($25) per hour, or any part thereof, up to a maximum of ten (10) hours, for time actually devoted to assisting a facility in writing or rewriting its plan. The fee attributable to requested technical assistance shall be in addition to the maximum fee otherwise established in this rule.

(4) Within sixty (60) days of completing the review of a plan submitted by a facility to the County Emergency Management Agency, the County Emergency Management Agency shall provide to the submitting facility an invoice for the cost of performing the plan review in accordance with the fee schedule established herein. Any dispute regarding the fee, other than the process identified in Rule 27P-20.005, F.A.C., shall be handled by the County in the same manner as other types of revenue collection disputes. Facilities shall notify the County in writing of any dispute regarding the fee within thirty (30) days of receipt of the invoice, or shall not dispute the amount. Facilities shall be liable for and pay fees regardless of whether their plan is approved.

(5) All fees shall be payable by certified check or bank draft in U.S. funds, made payable to the County to which the plan is submitted for review and approval.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(2)(m), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) FS. History–New 12-4-94, Formerly 9G-20.003.

Fla. Admin. Code R. 27P-20.004 Limitations and Record Keeping

(1) Fees shall be reasonable and may not exceed the actual cost of providing the review and requested technical assistance service, in accordance with the complexity of the criteria established by law for the particular facility emergency management plan, and taking into account facility size and other factors. The total amount of the fee shall not exceed seven hundred fifty dollars ($750.00), the maximum amount established in this schedule for plan review and technical assistance, except under the circumstances identified in Rule 27P-20.005, F.A.C.

(2) The County Emergency Management Agency shall create and maintain accurate records of the actual costs associated with reviewing and approving each plan submitted to it. Such records shall be reasonably itemized, reflect generally acceptable accounting principles, and sufficiently and properly reflect the expenditure of funds. All costs associated with the review of the plan shall be charged to the facility plan’s cost identifier.

(3) A facility that has not paid any amount due the County Emergency Management Agency as a result of previous plan review services shall not be permitted to submit a subsequent plan for review until the outstanding amount is paid or otherwise resolved and shall be considered to not have an approved facility emergency management plan.

(4) Funds received from fees paid shall be deposited in a separately identifiable fund or account. Unspent monies in this fund may be carried forward at the end of the fiscal year. However, each County Emergency Management Agency shall annually report to the Division the total amount received from facilities pursuant to this rule and the total costs of facility plan review and technical assistance. This report shall be submitted within sixty (60) days of the end of the County fiscal year. If the County Emergency Management Agency provides this information as part of any audit submitted by the County to the Division for any other purpose, then this information shall be separately identified within the audit report. Based upon that information, the Division shall revise the fee schedule as necessary so that fee amounts more closely reflect actual costs.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(2)(m), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) FS. History–New 12-4-94, Formerly 9G-20.004.

Fla. Admin. Code R. 27P-20.005 Division Review of Fees in Excess of Maximum Fee

(1) If the County Emergency Management Agency determines that the cost of plan review is in excess of the maximum amount established in Rule 27P-20.003, F.A.C., then it shall immediately, and in any event no later than the date the plan review and approval is completed, notify both the facility and the Division, in writing, by certified mail or hand delivery with a signed receipt, and provide a detailed written explanation as to why the cost is in excess of the maximum fee. This notification shall be entitled “Notification of Plan Review Fee in Excess of Maximum Fee.” The detailed written explanation shall be accompanied by a copy of the plan, an explanation of the normal review practices of the County Emergency Management Agency, an explanation of costs attributable to the plan review, a copy of the criteria applicable to the facility plan, an explanation of the complexity of the review and the size of the facility, as well as any other pertinent factor, and shall be supported by additional documentation sufficient to enable the Division to determine whether the reasonable and necessary costs of plan review justifiably exceed the maximum fee. The County Emergency Management Agency shall identify the total cost of providing the review of the plan as the proposed fee. Failure to provide sufficient information shall result in disallowance of part or all of the proposed fee.

(2) The notification to the Division shall be addressed to the Director, Division of Emergency Management. County Emergency Management Agencies shall provide the required “Notification of Plan Review Fee in Excess of Maximum Fee” within sixty days of receipt of the facility plan, or shall not exceed the maximum fee.

(3) In evaluating the County Emergency Management Agency’s explanation the Division shall consider the plan, the identified normal review practices of the County Emergency Management Agency, the criteria applicable to the facility plan, the complexity of the review and the size of the facility, identified costs attributable to the plan review, as well as any other pertinent factor raised by either the facility, the County Emergency Management Agency, or the Division. The Division may request additional information from the facility, the County Emergency Management Agency, and any other information source. Failure of the County Emergency Management Agency or the facility to supply requested information shall be considered in evaluating the proposed fee.

(4) The notice provided by the County Emergency Management Agency to the facility shall advise the facility of the opportunity to file a response to the County Emergency Management Agency’s explanation, in writing, by certified mail or hand delivery with a signed receipt, within thirty (30) days of receipt by the facility. Filed means received by the Director, Division of Emergency Management. The facility’s response shall be filed with the County Emergency Management Agency and the Division and shall address each item raised by the County Emergency Management Agency. The thirty day period shall begin on the date of the facility’s receipt of the County Emergency Management Agency’s explanation. Delivery to the facility shall be by certified mail, return receipt requested, or by hand delivery, with a signed receipt. Facilities shall file a response with the Division disputing the basis for the fee in excess of the maximum fee, or shall accept the proposed fee. No reply from the County Emergency Management Agency shall be permitted, except upon request of the Division.

(5) The Division’s determination shall be issued within forty-five (45) days of receipt of a timely facility response, or if there is no timely response, within sixty (60) days of receipt of the County’s explanation. The Division’s determination of the reasonable and necessary costs of plan review shall be considered final agency action, binding upon the County and the facility.

(6) The time period(s) for review of the invoice, and payment of the fee, shall be tolled during the period of the Division review contemplated by this rule, until such time as the facility receives the Division’s determination.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(2)(m), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) FS. History–New 12-4-94, Formerly 9G-20.005.

Fla. Admin. Code R. 27P-20.007 Review Procedures

(1) After receipt of a plan, the County Emergency Management Agency shall complete its review within 60 days and either approve the plan or advise the facility of necessary revisions. If the plan needs revision, the county agency shall notify the facility of the specific items that need revision and a reasonable time frame in which to submit the revisions. Once received, the County Emergency Management Agency shall review the revisions within fifteen (15) days, and either approve the plan or notify the facility of additional needed revisions. If a plan is not approved by the County Emergency Management Agency after the submission and review of two (2) sets of revisions, the plan shall be considered to be not approved. A subsequent plan submission by the same facility shall be treated as a new plan review for purposes of assessing fees as set forth in Rule 27P-20.003, F.A.C.

(2) As part of the review and approval process, the County Emergency Management Agency shall establish a procedure to provide written notice to applicable state agencies and appropriate volunteer organizations of the opportunity to review facility plans. Notices consisting of a biweekly or monthly announcement of the plans received for review since the last announcement shall be acceptable. State agencies that shall be notified include: the Department of Elder Affairs, the Department of Health and Rehabilitative Services, the Agency for Health Care Administration, and the Division of Emergency Management. If an applicable state agency has a local or district office whose jurisdiction includes all of the county, the notice or publication shall be directed to such local or district office unless the county is advised otherwise in writing by the applicable state agency.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.35(2)(m), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) FS. History–New 12-4-94, Formerly 9G-20.007.

Chapter 27P-21 HAZARDOUS MATERIALS RISK MANAGEMENT PLANNING FEE SCHEDULE

Fla. Admin. Code R. 27P-21.001 Definitions

As used in this rule chapter:

(1) “Division” means the Division of Emergency Management, Executive Office of the Governor.

(2) “Specified stationary source” means a stationary source as defined in Section 252.936(18), F.S., that is not exempt from Chapter 252, Part IV, F.S.

(3) “Standard Industrial Classification Group number 01, 02 and 07” means those enterprises included in major groups 01 (agricultural production crops), 02 (agricultural production livestock and animal specialties), and 07 (agricultural services), respectively, as described by the United States Office of Management and Budget, and the equivalent enterprises included in the North American Industry Classification System as described by the United States Department of Commerce, National Technical Information Service.

History

• Rulemaking Authority 252.937(1)(b) FS. Law Implemented 252.939 FS. History–New 10-8-98, Formerly 9G-21.001.

Fla. Admin. Code R. 27P-21.002 Annual Registration Fees

(1) The owner or operator of one or more specified stationary sources that are located within the State of Florida shall pay an annual registration fee for each stationary source based upon the source’s highest program level, as determined from the source’s Risk Management Plan.

(2) The owner or operator of one or more specified stationary sources located within the State of Florida, all of which are Program 1 stationary sources, shall pay fees as follows:

(a) The owner or operator of one Program 1 stationary source shall pay an annual registration fee of $100 using Form Number RMP-001.

(b) The owner or operator of more than one Program 1 stationary source shall pay an annual registration fee of $100 for each Program 1 stationary source using Form Number RMP-001 unless the owner qualifies for an alternative fee schedule under paragraph 27P-21.002(2)(c), F.A.C.

(c) The owner of more than one Program 1 stationary sources, all of which have the same single chemical process, may pay an annual registration fee of $100 for the first source and an annual registration fee of $50 for each additional source up to a maximum of $1,000 for all Program 1 stationary sources which have the same single chemical process only if the owner of such sources submits a single payment accompanied by a list of all source locations and an identification of the single chemical process using Form Number RMP-002.

(3) The owner or operator of one or more specified stationary sources located within the State of Florida all of which are Program 2 stationary sources shall pay fees as follows:

(a) The owner or operator of one Program 2 stationary source shall pay an annual registration fee of $200 using Form Number RMP-001.

(b) The owner or operator of more than one Program 2 stationary source shall pay an annual registration fee of $200 for each Program 2 stationary source using Form Number RMP-001 unless the owner qualifies for an alternate fee schedule under either paragraph 27P-21.002(3)(c) or (d), F.A.C.

(c) The owner of more than one Program 2 stationary sources, all of which have the same single chemical process, may pay an annual registration fee of $200 for each source up to and including three sources and an annual registration fee of $100 for each additional source up to a maximum of $2,000 for all Program 2 stationary sources which have the same single chemical process only if the owner of such sources submits a single payment accompanied by a list of all source locations and identification of the single chemical process using Form Number RMP-002.

(d) The owner of more than one Program 2 stationary source all of which have a Standard Industrial Classification group number 01, 02 or 07 may pay an annual registration fee of $100 for the first source and an annual registration fee of $50 for each additional source up to a maximum of $800 for all Program 2 stationary sources which have a Standard Industrial Classification group number 01, 02 or 07 only if the owner of such sources submits a single payment accompanied by a listing of all source locations using Form Number RMP-002.

(4) The owner or operator of one or more specified stationary sources located within the State of Florida all of which are Program 3 stationary sources shall pay an annual registration fee of $1,000 per stationary source location using Form Number RMP-001.

(5) The owner or operator of more than one specified stationary sources located within the State of Florida that have different Program levels shall pay an annual registration fee of $100 for each Program 1 stationary source and each Program 2 stationary source that is classified with a Standard Industrial Classification group number 01, 02 or 07 using Form Number RMP-001; an annual registration fee of $200 for each Program 2 stationary source that has a Standard Industrial Classification group number 01, 02 or 07 using Form Number RMP-001; and an annual registration fee of $1,000 for each Program 3 stationary source using Form Number RMP-001.

History

• Rulemaking Authority 252.937(1)(b) FS. Law Implemented 252.939 FS. History–New 10-8-98, Amended 2-18-01, Formerly 9G-21.002.

Fla. Admin. Code R. 27P-21.003 Late Fees

Late fees shall be assessed against the owner and operator of one or more stationary sources located within the State of Florida for any annual registration fee not timely submitted to the Division by the deadlines established in Section 252.939(1)(a), F.S. Late fees shall be assessed at ten percent per month of the annual registration fee but may not exceed 50% of the annual registration fee owed for any fee cycle.

History

• Rulemaking Authority 252.937(1)(b) FS. Law Implemented 252.939(2) FS. History–New 10-8-98, Formerly 9G-21.003.

Fla. Admin. Code R. 27P-21.004 Approved Forms

Form Number

Subject

Effective Date

RMP-001

Annual Registration Fee Form for Single Stationary Source

2-18-01

RMP-002

Annual Registration Fee Form for Multiple Source Locations

2-18-01

These forms are hereby adopted by reference as a part of Rule Chapter 27P-21, F.A.C., and may be obtained by calling or writing the Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

History

• Rulemaking Authority 252.937(1)(b) FS. Law Implemented 252.939 FS. History–New 10-8-98, Amended 10-31-99, 2-18-01, Formerly 9G-21.004.

Chapter 27P-22 HAZARD MITIGATION GRANT PROGRAM

Fla. Admin. Code R. 27P-22.001 Purpose

This chapter describes the processes for application, project selection and distribution of funds under the Hazard Mitigation Grant Program.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.001.

Fla. Admin. Code R. 27P-22.002 Definitions

(1) “Adoption” means a resolution, ordinance or other formal action taken by the governing body of a county or municipality indicating agreement with and acceptance of the relevant Local Mitigation Strategy.

(2) “Application” means the request for hazard mitigation funding as submitted to the Division of Emergency Management (Division or FDEM) by an Applicant.

(3) “Applicant” means a state agency, local government, Native American tribe or authorized tribal organization or private non-profit organization requesting hazard mitigation funding.

(4) “DEMES” means Division of Emergency Management Enterprise Solution.

(5) “DHS” means Department of Homeland Security.

(6) “FEMA” means the Federal Emergency Management Agency.

(7) “Hazard” means a condition that exposes human life or property to harm from a man-made or natural disaster.

(8) “Hazard Mitigation” means any action taken to reduce or eliminate the exposure of human life or property to harm from a man-made or natural disaster.

(9) “Hazard Mitigation Grant Program”, herein referred to as HMGP, means the program authorized under Section 404 of the Stafford Act and implemented by 44 C.F.R., Part 206, Subpart N, dated October 1, 2023, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16911, a copy of which may be obtained by contacting the Division, which provides funding for mitigation projects as identified in the State Hazard Mitigation Plan.

(10) “Local Mitigation Strategy” or “LMS” means a plan to reduce identified hazards within a county.

(11) “Project” means a hazard mitigation measure as identified in an LMS.

(12) “Repetitive loss structures” means structures that have suffered two or more occurrences of damage due to flooding and which have received payouts from the National Flood Insurance Program as a result of those occurrences.

(13) “State Hazard Mitigation Plan” means Florida’s version of the Hazard Mitigation Plan referred to in 44 C.F.R., Part 206, Subpart N and approved by FEMA. The State Hazard Mitigation Plan is set forth in the Enhanced State Hazard Mitigation Plan 2018, hereby incorporated into this rule by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12334. A copy may be obtained by contacting the Division of Emergency Management.

(14) “Working Group” is the group responsible for the development and implementation of the Local Mitigation Strategy.

History

• Rulemaking Authority 252.35(2)(r), (y) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.002, Amended 7-18-13, 11-24-20, 10-7-24.

Fla. Admin. Code R. 27P-22.003 Eligibility

(1) Eligible types of projects shall include, but not be limited to, the following:

(a) Certain new construction activities that will result in protection from hazards;

(b) Retrofitting of existing facilities that will result in increased protection from hazards;

(c) Elevation of flood prone structures;

(d) Vegetative management/soil stabilization;

(e) Infrastructure protection measures;

(f) Stormwater management/flood control projects;

(g) Property acquisition or relocation; and

(h) Plans that identify and analyze mitigation problems and include funded, scheduled programs for implementing solutions, within the same disaster.

(2) In order to be eligible for funding, projects shall meet the following requirements:

(a) Conform to the State Hazard Mitigation Plan;

(b) Conform to the funding priorities for the disaster as established in the LMS governing the project;

(c) Conform to the following federal regulations incorporated by reference, copies of which may be obtained by contacting the Division:

1. 44 C.F.R., Part 9, Floodplain Management and Protection of Wetlands, dated October 1, 2019, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12335;

2. DHS Directive 023-01, Revision 01, dated 10/31/2014, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12336;

3. DHS Instruction 023-01-001-01, Revision 01, dated 11/6/2014, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12337;

4. FEMA Directive 108-1, dated 10/10/2018, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12338; and

5. FEMA Instruction 108-1-1, dated 10/10/2018, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12339.

(d) Eliminate a hazard independently or substantially contribute to the elimination of a hazard where there is reasonable assurance that the project as a whole will be completed; and

(e) Be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a disaster.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.003, Amended 11-24-20.

Fla. Admin. Code R. 27P-22.004 LMS Working Groups

Each county electing to participate in the HMGP must have a formal LMS Working Group and a current FEMA approved LMS.

(1) Not later than the last working weekday of January of each year the Chairperson of the Board of County Commissioners shall submit to the Division a list of the members of the Working Group and its designated Chairperson and Vice-Chairperson.

(2) The Working Group shall include, at a minimum:

(a) Representation from various agencies of county government which may include, but not be limited to, planning and zoning, roads, public works and emergency management;

(b) Representation from all interested municipalities within the county; and

(c) Representation from interested private organizations, civic organizations, trade and commercial support groups, property owners associations, Native American Tribes or authorized tribal organizations, water management districts, regional planning councils, independent special districts and non-profit organizations.

(3) The county shall submit documentation to show that within the preceding year it has issued a written invitation to each municipality, private organization, civic organization, Native American Tribe or authorized tribal organization, water management district, independent special district and non-profit organization, as applicable, to participate in the LMS working group. This documentation shall accompany the membership list submitted to the Division.

(4) The Working Group shall have the following responsibilities:

(a) To designate a Chairperson and Vice-Chairperson;

(b) To develop and revise an LMS as necessary;

(c) To coordinate all mitigation activities within the County;

(d) To set an order of priority for local mitigation projects; and

(e) To submit annual LMS updates to the Division by the last working weekday of each January. Updates shall address, at a minimum:

1. List of Working Group Members including Chair and Vice-Chair;

2. Changes to the hazard assessment;

3. Updated project priority list including estimated costs and potential funding sources;

4. Changes to the critical facilities list;

5. Changes to the repetitive loss list; and

6. Revisions to any maps.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.004, Amended 7-18-13, 11-24-20.

Fla. Admin. Code R. 27P-22.005 Local Mitigation Strategy

Each LMS shall have the following components:

(1) A description of the activities of local government and private organizations that promote hazard mitigation; a description of the policies, ordinances or programs that guide those activities; and any deficiencies in the policies, ordinances, and programs with recommendations to correct those deficiencies.

(2) A description of the methods used to engage private sector participation.

(3) A statement of general mitigation goals, with Working Group recommendations for implementing these goals, and estimated dates for implementation.

(4) A description of the procedures used by the Working Group to review the LMS at regular intervals to ensure that it reflects current conditions within the County.

(5) A hazard assessment to include, at the minimum, an evaluation of the vulnerability of structures, infrastructure, special risk populations, environmental resources and the economy to storm surge, high winds, flooding, wildfires and any other hazard to which the community is susceptible.

(6) A statement of procedures used to set the order of priority for projects based on project variables which shall include technical and financial feasibility.

(7) A list of approved projects in order of priority with estimated costs and associated funding sources.

(8) A list of critical facilities that must remain operational during and after a disaster.

(9) A list of repetitive loss structures.

(10) Maps, in Geographical Information System (GIS) format, depicting hazard areas, project locations, critical facilities and repetitive loss structures.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.005.

Fla. Admin. Code R. 27P-22.006 County Allocations and Project Funding

(1) The available HMGP funds shall be allocated to the counties included in the relevant presidential disaster declaration, as defined in Section 252.34(2), F.S., in proportion to each county’s share of the federal disaster funding from the Public Assistance, Individual Assistance and Small Business Administration programs as of 120 days after the disaster declaration as reported by FEMA.

(a) Eligible and submitted projects for each county included in the relevant presidential disaster declaration will be funded in order of priority as outlined in the LMS Working Group endorsement letter until the allocated funds are exhausted, or all eligible projects are funded, whichever occurs first.

(b) Any allocation remaining after all eligible projects in any declared county are funded shall be reallocated to those counties included in the relevant presidential disaster declaration whose allocation was not sufficient to fund all submitted eligible projects in proportion to each county’s share of unfunded projects.

(2) If funds remain after all eligible projects under subsection (1) above have been funded, then they shall be applied to fund eligible projects submitted from counties not included in the relevant presidential disaster declaration on a first-come-first-served basis until all available funds are obligated.

(3) Once a project has been selected for funding, the agreement between the applicant and the Division regarding the terms and conditions of the grant shall be formalized by contract.

History

• Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.006, Amended 11-24-20.

Fla. Admin. Code R. 27P-22.007 Application

(1) The following entities may apply for funding under the program:

(a) State agencies and local governments;

(b) Private non-profit organizations or institutions that own or operate a private non-profit facility as defined in 44 C.F.R., §206.221(e), dated October 1, 2023, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16910 a copy of which may be obtained by contacting the Division; and

(c) Indian tribes or authorized tribal organizations.

(2) The Division shall notify potential applicants of the availability of HMGP funds by publishing a Notice of Funding Availability in the Florida Administrative Register.

(3) Applicants will have not less than ninety (90) days from the date of notification to submit project applications. The opening and closing dates will be specified in the Notice of Funding Availability available at www.floridadisaster.org.

(4) A LMS Working Group endorsement letter shall accompany each application from the Chairperson or Vice-Chairperson of the LMS Working Group endorsing the project. The endorsement shall verify that the proposed project does appear in the current LMS and state its priority in relation to other submitted projects. Applications without this letter of endorsement will not be considered.

(5) Applications must be submitted using FDEM’s DEMES system available at www.floridadisaster.org. Instructions on how to register and apply may be obtained by contacting the Division or visiting www.floridadisaster.org. In addition, these instructions will be circulated as a part of the Notice of Funding Availability for its respective disaster grant cycle.

(6) If the Division receives an incomplete application, the applicant will be notified in writing of the deficiencies. The applicant will have thirty (30) calendar days from the date of the letter to resolve the deficiencies. If the deficiencies are not corrected by the deadline the application will not be considered for funding.

History

• Rulemaking Authority 252.35(2)(r), (y) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.007, Amended 7-18-13, 11-24-20, 10-7-24.

Division 27D Division of Planning and Budgeting

Chapter 27D-1 FLORIDA SINGLE AUDIT ACT

Fla. Admin. Code R. 27D-1.001 Applicability and Definitions

History

• Rulemaking Authority 215.97(3) FS. Law Implemented 215.97 FS. History–New 7-16-00, Repealed 2-1-12.

Fla. Admin. Code R. 27D-1.002 Types of State Financial Assistance

History

• Rulemaking Authority 215.97(3) FS. Law Implemented 215.97 FS. History–New 7-16-00, Repealed 2-1-12.

Fla. Admin. Code R. 27D-1.003 Recipient/Subrecipient and Vendor Relationships

History

• Rulemaking Authority 215.97(3) FS. Law Implemented 215.97 FS. History–New 7-16-00, Repealed 2-1-12.

Fla. Admin. Code R. 27D-1.006 Criteria for Major State Projects

History

• Rulemaking Authority 215.97(3) FS. Law Implemented 215.97 FS. History–New 7-16-00, Repealed 2-1-12.

Fla. Admin. Code R. 27D-1.007 Criteria for Selecting State Projects for Audit Based on Inherent Risk

History

• Rulemaking Authority 215.97(3) FS. Law Implemented 215.97 FS. History–New 7-16-00, Repealed 2-1-12.

Division 27N Florida Energy & Climate Commission

Chapter 27N-1 Renewable Energy Technologies and Energy Efficiency

Fla. Admin. Code R. 27N-1.100 General

History

• Rulemaking Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.801, 377.802, 377.803, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.100, Transferred to 5O-1.001.

Fla. Admin. Code R. 27N-1.200 Definitions

History

• Rulemaking Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.802, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.200, Transferred to 5O-1.002.

Fla. Admin. Code R. 27N-1.300 Renewable Energy Technologies Grants Program

History

• Rulemaking Authority 377.804(3) FS. Law Implemented 377.802, 377.804 FS. History–New 10-22-07, Formerly 62-16.300, Transferred to 5O-1.003.

Fla. Admin. Code R. 27N-1.500 Solar Energy Systems Incentives Program

History

• Rulemaking Authority 377.806(7) FS. Law Implemented 377.801, 377.802, 377.803, 377.806 FS. History–New 10-22-07, Formerly 62-16.500, Transferred to 5O-1.004.

Fla. Admin. Code R. 27N-1.600 Renewable Energy Technologies Investment Tax Credit

History

• Rulemaking Authority 220.192(3) FS. Law Implemented 220.192 FS. History–New 10-22-07, Formerly 62-16.600, Transferred to 5O-1.005.

Fla. Admin. Code R. 27N-1.900 Forms

History

• Rulemaking Authority 220.192(3), 377.804(3), 377.806(7) FS. Law Implemented 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.900, Transferred to 5O-1.006.

Chapter 27N-3 STATE ENERGY EFFICIENT APPLIANCE REBATE PROGRAM

Fla. Admin. Code R. 27N-3.001 Florida ENERGY STAR Appliance Rebate Program

History

• Rulemaking Authority 377.807 FS. Law Implemented 377.807 FS. History–New 3-11-10, Transferred to 5O-1.007.

Division 27M Office of Tourism, Trade and Economic Development

Chapter 27M-1 TRAVEL AND ENTERTAINMENT

Fla. Admin. Code R. 27M-1.001 Purpose and Scope

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.001.

Fla. Admin. Code R. 27M-1.002 General Policy

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.002.

Fla. Admin. Code R. 27M-1.003 Definitions

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.003.

Fla. Admin. Code R. 27M-1.004 Planning and Approving Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.004.

Fla. Admin. Code R. 27M-1.005 Special Conditions of Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.005.

Fla. Admin. Code R. 27M-1.006 Rates of Payment

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.006.

Fla. Admin. Code R. 27M-1.007 Transportation

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.007.

Fla. Admin. Code R. 27M-1.008 Incidental Expenses

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.008.

Fla. Admin. Code R. 27M-1.009 Advance Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.009.

Fla. Admin. Code R. 27M-1.010 Special Provisions for Educational Conferences and Conventions

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.010.

Fla. Admin. Code R. 27M-1.011 Entertainment Expenses

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.011.

Fla. Admin. Code R. 27M-1.012 Operational and Promotional Advances

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.012.

Fla. Admin. Code R. 27M-1.013 Complimentary Goods and Services

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.013.

Fla. Admin. Code R. 27M-1.014 Receipts

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.014.

Fla. Admin. Code R. 27M-1.015 Exemption from State Contract Rates

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Transferred to 73A-1.015.

Chapter 27M-2 SPORTS INDUSTRY

Fla. Admin. Code R. 27M-2.001 Certification for Retained Spring Training Facilities

History

• Rulemaking Authority 288.1162 FS. Law Implemented 288.1162 FS. History–New 2-12-07, Transferred to 73A-2.001.

Chapter 27M-3 BLACK BUSINESS LOAN PROGRAM

Fla. Admin. Code R. 27M-3.001 Definitions and Forms

History

• Rulemaking Authority 288.7102(7) FS. Law Implemented 288.7094(2), 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Transferred to 73C-1.001.

Fla. Admin. Code R. 27M-3.002 Application Process

History

• Rulemaking Authority 288.7102(7) FS. Law Implemented 288.7094(2), 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Transferred to 73C-1.002.

Fla. Admin. Code R. 27M-3.003 Certification Decision

History

• Rulemaking Authority 288.7102(7) FS. Law Implemented 288.7094(2), 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Transferred to 73C-1.003.

Chapter 27M-4 ECONOMIC GARDENING BUSINESS LOAN PILOT PROGRAM

Fla. Admin. Code R. 27M-4.001 Definitions and Forms

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Transferred to 73C-2.001.

Fla. Admin. Code R. 27M-4.002 Competitive Application for Selection as Loan Administrator

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Transferred to 73C-2.002.

Fla. Admin. Code R. 27M-4.003 Certification Decision

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Transferred to 73C-2.003.

Chapter 27M-5 ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM

Fla. Admin. Code R. 27M-5.001 Definitions and Forms

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254 FS. History–New 12-30-10, Transferred to 73A-5.001.

Fla. Admin. Code R. 27M-5.002 Application Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Transferred to 73A-5.002.

Fla. Admin. Code R. 27M-5.003 Qualification Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3), 288.1254(4) FS. History–New 12-30-10, Transferred to 73A-5.003.

Fla. Admin. Code R. 27M-5.004 Certification Decision Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Transferred to 73A-5.004.

Fla. Admin. Code R. 27M-5.005 Verification of Actual Qualified Expenditures

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Transferred to 73A-5.005.

Fla. Admin. Code R. 27M-5.006 Withdrawal of Tax Credit Eligibility

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(4)(c) FS. History–New 12-30-10, Transferred to 73A-5.006.

Fla. Admin. Code R. 27M-5.007 Award of Tax Credit

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3)(f), 288.1254(9) FS. History–New 12-30-10, Transferred to 73A-5.007.

Fla. Admin. Code R. 27M-5.008 Election of Tax Credits

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(4)(d) FS. History–New 12-30-10, Transferred to 73A-5.008.

Fla. Admin. Code R. 27M-5.009 Transfer of Tax Credits

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(5) FS. History–New 12-30-10, Transferred to 73A-5.009.