9G-20.005. Department Review of Fees in Excess of Maximum Fee (Transferred)

(1) If the County Emergency Management Agency determines that the cost of plan review is in excess of the maximum amount established in Rule 9G-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 Department, 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 Department 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 Department 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 Department 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 Department. The Department 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 Department 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 Department 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 Department.

(5) The Department’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 Department’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 Department review contemplated by this rule, until such time as the facility receives the Department’s determination.

Specific Authority 252.35(2)(u) FS. Law Implemented 252.35(2)(l), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g), 400.441(1)(b) FS. History–New 12-4-94.