The purpose of these amendments is to change the method of allocating excess funds and to update the Hazard Mitigation Flood Program Application.

 

EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency Management

RULE NOS.:RULE TITLES:
27P-22.002Definitions
27P-22.003Eligibility
27P-22.004LMS Working Groups
PURPOSE AND EFFECT: The purpose of these amendments is to change the method of allocating excess funds and to update the Hazard Mitigation Flood Program Application.
SUMMARY: The proposed changes to the Rule update a revision date, align the Rule with federal standards, remove ambiguous text and clarify the due date for applications.
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) FS.
LAW IMPLEMENTED: 252.311, 252.32, 252.35 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-22.002 Definitions.

(1) No change.

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

(3) No change.

(4) No change.

(5) “Florida Hazard Mitigation Strategy” means Florida’s most current version of the Hazard Mitigation Plan referred to in 44 C.F.R., Part 206, Subpart M., and as updated by the State and approved by FEMA. The Florida Hazard Mitigation Strategy (Rev. September 11, 1997) is hereby incorporated into this rule by reference. A copy may be obtained by contacting the Division of Emergency Management.

(6) through (8) No change.

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

(10) through (12) No change.

Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.002, Amended_________.

 

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. Changes to the hazard assessment;

2. Changes to the project priority list;

3. Changes to the critical facilities list;

4. Changes to the repetitive loss list; and

5. Revisions to any maps.

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_________.

 

27P-22.007 Application.

(1) No change.

(2) No change.

(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., Applications mailed to the Division must be postmarked on or before the final due date. Hand-delivered applications must be stamped in at the Division no later than 5:00 p.m. Eastern Time on the final due date. and applications must be postmarked or stamped in at the Division no later than 5:00 p.m. on the final due date.

(4) No change.

(5) Applications must be submitted using Form No. HMGP/FMA-001, State of Florida Joint Hazard Mitigation Grant Program & Flood Mitigation Assistance Application (Effective Date June, 2012 or as amended by the DivisionSeptember 30, 2001), which is incorporated into this rule by reference, a copy of which may be obtained by contacting the Division or visiting www.floridadisaster.org.

(6) No change.

(7) No change.

Rulemaking Authority 252.35(2)(x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.007, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathleen Marshall and Joy Duperault
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