The purpose of these amendments is to increase the time in which counties have to raise their County Comprehensive Emergency Management Plans and provide counties the opportunity to request an extension to submit their plan.

 

EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency Management

RULE NO.: RULE TITLE:
27P-6.002: Definitions
27P-6.0023: County Comprehensive Emergency Management Plans
27P-6.006: County Comprehensive Emergency Management Plans - Review by Division

PURPOSE AND EFFECT: The purpose of these amendments is to increase the time in which counties have to raise their County Comprehensive Emergency Management Plans and provide counties the opportunity to request an extension to submit their plan.

SUBJECT AREA TO BE ADDRESSED: Local Emergency Management Plans.

RULEMAKING AUTHORITY: 120.57, 252.35 FS.

LAW IMPLEMENTED: 120.57, 252.35(1), (2)(a), (b), (c), (d), (x), 252.38(1) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 18, 2012, 2:30 p.m. – 4:30 p.m.

PLACE: Division of Emergency Management, 2555 Shumard Oak Boulevard, Room 100E, Tallahassee, Florida 32399. Conference Call: 1(888)670-3525, Conference Code: 5872188816

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Mindy Dowling at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Mindy Dowling, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone: [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

27P-6.002 Definitions.

(1) through (6) No change.

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

(8)(7) “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)(8) “County Emergency Management Program” means the emergency management program authorized and mandated by Chapter 252, FS., to be created by each legally constituted county in the state.

Rulemaking Specific Authority 252.35(2)(x), (2)(u) 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_________.

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), FS., shall develop and submit to the governing body of the jurisdiction Board of County Commissioners for adoption a County Comprehensive Emergency Management Plan in compliance with the requirements, format and standards contained in this rule chapter.

(2) through (6) No change.

(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 2000 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 thirty 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) No change.

Rulemaking Specific 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_________.

27P-6.006 County Comprehensive Emergency Management Plans – Review by Division.

(1) No change.

(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 at least 60 days prior to initiation of the review. Within 60 30 days of receipt of this notification the county shall provide to the Division a copy three copies of the plan to be reviewed with a copy 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 adoption of the plan by the governing body of the jurisdiction 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 a an official notification by the Division certified mail specifically stating the reasons the plan does not meet the criteria. Upon receipt of the official notification by the Division, the county shall either:

(a) Within 60 days, Rrevise its plan by the date agreed upon by the Division and the county, notify the Division of the changes and make the changes available to the Division for review by the date agreed upon by the Division and the county; or

(b) Within 60 days Ddevelop 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, FS., request an administrative proceeding regarding the Division’s withholding of a notice of non-compliance non-compliance determination 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 60 days after the receipt of the official 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 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, FS., request an administrative proceeding regarding the Division’s notice of non-compliance determination within 21 days of receipt of same the determination.

(5) If upon the submittal of the revised plan, either after the dated agreed upon by the Division and the county 60 days allotted 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 issue a notice of non-compliance, specifically stating the reasons the plan does not meet the criteria for non-compliance. Upon receipt of the notification notice of non-compliance the county shall either:

(a) Within thirty days Rrevise the plan by the date agreed upon by the Division and the county, notify the Division of the changes and make the changes available to the Division for review; or

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

(6) If the tasks laid out in the workplan are is 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 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, FS., request an administrative proceeding regarding the Division’s notice of 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, FS., 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 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 a length of time up to 90 days for the specifically identified time period necessary to provide notice.

(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)(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.

(11)(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 90 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 90 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 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.

Rulemaking Specific 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-6.0063, Amended_________.