9G-6.006. County Comprehensive Emergency Management Plans - Review by Division (Transferred)

(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 at least 60 days prior to initiation of the review. Within 30 days of receipt of this notification the county shall provide to the Division three copies of the plan to be reviewed with three copies of the completed compliance criteria. The county may waive the 60 day review notification. 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 the plan review. 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 an official notification by certified mail specifically stating the reasons the plan does not meet the criteria. Upon receipt of the official notification, the county shall either:

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

(b) Within 60 days develop a workplan to be approved by the Division which addresses all changes necessary for compliance and a timetable for completion; or

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

(4) If the county does not submit a revised plan, or a workplan 60 days after the receipt of the official notification or request an administrative hearing the Division shall issue a notice of non-compliance specifically stating the reasons for non-compliance. Upon receipt of the notice of non-compliance the county shall either:

(a) Within 30 days revise the plan, notify the Division of the changes 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 non-compliance determination within 21 days of receipt of the determination.

(5) If upon the submittal of the revised plan, either after the 60 days allotted or upon completion of the workplan, the Division finds that the revised plan is not in compliance, the Division shall issue a notice of non-compliance, specifically stating the reasons for non-compliance. Upon receipt of the notice of non-compliance the county shall either:

(a) Within thirty days revise the plan, notify the Division of the changes 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 non-compliance determination within 21 days of receipt of the determination.

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

(a) Within 30 days revise the plan, notify the Division of the changes 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 non-compliance determination 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 non-compliance determination.

(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 for the specifically identified time period necessary to provide notice.

(9) 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.

(10) 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 60 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 60 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 will constitute non-compliance. Upon adoption of the plan, the county shall submit a copy of the adopted plan to the Division.

Specific Authority 120.53, 120.57, 252.35(2)(u) FS. Law Implemented 120.57, 252.35(1), (2)(a), (b), (c), (d), (k), (v) FS. History–New 1-18-81, Amended 2-24-85, Formerly 9G-6.06, Amended 2-5-91, 5-11-95, 2-11-01.