The purpose of these amendments is to align the prerequisites with the statutory language and to delete the reference to SLA funding.

 

EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency Management

RULE NOS.:RULE TITLES:
27P-11.004Prerequisites
27P-11.0061Funding
PURPOSE AND EFFECT: The purpose of these amendments is to align the prerequisites with the statutory language and to delete the reference to SLA funding.
SUMMARY: The proposed changes modify the requirements for counties that have a “full-time emergency management director” or “emergency management coordinator” pursuant to the statutory language. The change outlined in the proposed rule also deletes the obsolete reference to State and Local Assistance (SLA).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 252.35(2)(x), 252.373(2) FS.
LAW IMPLEMENTED: 252.373 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Baker, Division of Emergency Management, 2555 Shumard Oak Boulevard, Rm 355D, Tallahassee, Florida 32399, email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

27P-11.004 Prerequisites.

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

(1) The county Counties with populations of 75,000 or more must have an a full time emergency management director, who works at least 40 hours a week in that capacity.devotes no less than one half of his/her time (20 hours per week) to the duties of the director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to s. 252.38(3)(b), 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.50,000 or more must have a full-time director. “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 Board of County Commissioners.

(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 (vulnerability) of that county, the county’s self assessment, the county’s emergency management strategic plan and the a proposed budget.

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 ________.

 

27P-11.0061 Funding.

Eligible County Emergency Management Agencies in the state shall be allocated annual Federal Emergency Management Agency (FEMA) State and Local Assistance (SLA) Emergency Management Peformance Grant (EMPG) funding based on the following factors: Each county shall be allocated: the an amount initially allocated to the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the Division of Emergency Management (Division), a base amount distributed equally to each county and an amount commensurate with each county’s proportionate share of the the state’s total population based on the most recent official population estimates.. This These amounts shall be increased or decreased to reflect additions or reductions in the availability of FEMA SLA EMPG funds to the Division and the Division’s distribution of funds to local governments. After providing for the intial allocation and the base amount allocation as described above, E each county’s increase or decrease shall be commensurate with its proportionate share of the state’s total population based on the most recent official population estimates.

Federal SLA funds shall be used by the county for personnel, travel and administrative operational expenses. Each county must be able to provide a non-federal match for federal funds on a dollar for dollar basis.

Rulemaking Authority 252.35(2)(x), 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 ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cherie Milligan
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Bryan W. Koon, Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2012