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Florida STATE EMERGENCY RESPONSE COMMISSION for hazardous materials |
Chapter
9G-7, F.A.C.
9G-6.001 Purpose.
9G-6.002 Definitions.
9G-6.003 State Comprehensive Emergency Management Plan - Process of Adoption. (Repealed)
9G-6.004 The Content of County Emergency Management Plans. (Repealed)
9G-6.005 Schedule for Development and Review of County and Municipal Comprehensive Emergency Management Plans
9G-6.006 County Comprehensive Emergency Management Plans - Review by the Division.
9G-6.007 Adoption by County Government. (Repealed)
9G-6.008 Implementation of County Emergency Management Plans. (Repealed)
9G-6.009 Periodic Review by Division. (Repealed)
9G-6.010 Municipal Comprehensive Emergency Management Plans - Review by County Emergency Management.
9G-6.001 Purpose. This chapter sets forth the standards and requirements for county comprehensive emergency management plans, sets forth the procedures a county emergency management agency or municipal emergency program must follow in developing its comprehensive emergency management plan, and sets forth the requirements for adoption and implementation of county and municipal comprehensive emergency management plans. It is promulgated as a companion to Rule Chapter 9G-7, F.A.C. The Division of Emergency Management of the Department of Community Affairs is given broad authority to take precautions for protecting the citizens of the state from emergencies which may or do occur either naturally or as a result of manmade causes. The Division of Emergency Management is responsible for the preparation of a comprehensive plan and program for emergency management in the state and the coordination of federal, state and local emergency-related activities. The Division of Emergency Management is empowered to promulgate standards for municipal, county and interjurisdictional emergency plans and to review those plans periodically to determine compliance with the terms of this rule chapter.
Specific Authority 252.35(2)(u) F.S. Law Implemented
252.35(1)(a),(b),(c),(d),(k),(v) F.S. History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.01, Amended 2-5-91, Amended _________.
9G-6.002 Definitions.
(1) "County Emergency Management Agency" means the emergency management agency authorized and directed to be established and maintained by each county of the state pursuant to Section 252.38(1), F.S.
(2) "Division" means the Division of Emergency Management of the Department of Community Affairs.
(3) "State Plan" means the State Comprehensive Emergency Management Plan, as developed and adopted pursuant to the authority contained in Section 252.35(2)(b), F.S.
(4) "County Comprehensive Emergency Management Plans" are the county counterparts of the State Plan.
(5) "Municipal Emergency Management Program" means the emergency management program authorized and encouraged by Section 252.83(2) F.S. to be created by each legally constituted municipality in the state. Municipalities are not required to develop a municipal emergency management program.
(6) "Municipal Comprehensive Emergency Management Plans" are the municipal counterparts of the County Comprehensive Emergency Management Plan which must be consistent with and subject to the applicable county plan. Municipalities are encouraged, but not required, to develop a municipal comprehensive emergency management plan.
Specific Authority 252.35(2)(u) F.S. Law Implemented 252.35(1),(2)(a),(b),(c),(d),(k)(v), F.S.
History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.02. Amended 2-5-91, Amended _______.
9G-6.004 The Content of County Emergency Management Plans.
Specific Authority 252.35(2)(a), F.S. Law Implemented
252.35(2)(b),(h),(i) F.S. History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.04, Amended 2-5-91, Repealed ____.
9G-6.005 Schedule for Development and Review of County and Municipal Comprehensive Emergency Management Plans.
Those county comprehensive emergency management plans previously submitted and approved by the Division in accordance with the timetable established prior to the effective date of this chapter, will be re-developed and subsequently reviewed in accordance with the provisions of this chapter. Each County shall develop and maintain a comprehensive emergency management plan that meets the requirements of Rule 9G-7.003 by October 1, 1995. Municipal comprehensive emergency management plans must meet the requirements of Rule 9G-7.010. Review of county comprehensive emergency management plans will be in accordance with the procedure provided in 9G-6.006(6). Review of municipal comprehensive emergency management plans will be in accordance with the procedure provided in Rule 9G-6.010.
Specific Authority 252.35(u), F.S. Law Implemented 252.35(2)(a),(b),(c),(d),(k),(v) F.S. History))-New
1-18-81, Amended 2-24-85, Formerly 9G-6.05, Amended 2-5-91,
Amended ______.
9G-6.006 County Comprehensive Emergency Management Plans - Review by Division.
(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 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 and Rule Chapter 9G-7, F.A.C., it shall issue a notice of compliance.
(3) When the Division finds a county plan is not in compliance with the requirements of this chapter and Rule Chapter 9G-7, F.A.C., it shall issue a notice of non-compliance specifically stating the reasons for non-compliance. Upon receipt of a notice of non-compliance, 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) 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 Division finds that the revised plan is not in 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 l20.57, F.S., request an administrative proceeding regarding the Division's non-compliance determination within 21 days of receipt of the determination.
(5) All requests for an administrative proceeding shall be filed in accordance with Section 120.57, F.S., and Rule Section 28-5.201, 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.
(6) 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.
(7) County and Municipal Comprehensive Emergency Management Plans are intended to be dynamic contingency plans and should be continually revised to reflect such changes as population growth, industrial development, and advances in technology. Each county and municipal comprehensive emergency management plan shall be reviewed at least every four years. 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. A county shall provide notice to the municipalities of its intent to review a municipal comprehensive emergency management plan at least 60 days prior to the initiation of the review.
(8) 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.
(9) After a determination that a county or municipal comprehensive emergency management plan is in compliance with the terms of this chapter and Rule Chapter 9G-7, F.A.C., the plan must be adopted by resolution of the governing body of the jurisdiction before it becomes the comprehensive emergency management plan for such local government. Adoption must occur, at a minimum, every four years. Notification of the date of adoption shall be sent to the Division. Failure to adopt or make available for review a revised plan as specified in 9G-6.006 will constitute non-compliance.
Specific Authority 252.35(2)(u), 120.53, 120.57 F.S. Law Implemented 252.35(1),(2)(a),(b),(c),(d),(k),(v), 120.57 F.S. History))-New 1-18-81, Amended 2-24-85, Formerly
9G-6.06, Amended 2-5-91, Amended ______.
9G-6.007 Adoption by County Government.
Specific Authority 252.35(2)(a) F.S. Law Implemented 252.35(2)(i),(p) F.S. History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.07, Amended 2-5-91, Repealed _______.
9G-6.008 Implementation of County Emergency Management Plans and Procedures.
Specific Authority 252.35(2)(a) F.S. Law Implemented 252.35(2)(a),(h),(i) F.S. History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.08. Amended 2-5-91, Repealed ______.
9G-6.009 Periodic Review by Division.
Specific Authority 252.35(2)(a) F.S. Law Implemented 252.35(2)(a),(h),(i),(j) F.S. History))-New 1-18-81, Amended 2-24-85, Formerly 9G-6.09, Amended 2-5-91, Repealed ______.
9G-6.010 Municipal Comprehensive Emergency Management Plans - Review by County Emergency Management.
(1) The provisions of this section shall apply to either initial review by the County Emergency Management Agency, or to review of revised information as a result of a determination by the county emergency management agency that a municipal comprehensive emergency management plan is not in compliance with the terms of this chapter.
(2) If a municipality elects to prepare a comprehensive emergency management plan, the plan shall be periodically reviewed by its respective county emergency management agency to determine compliance with the criteria established in Rule Section 9G-7.003 (7).
(3) The County Emergency Management Agency shall provide initial notice to the chief elected official of each municipality in the county of the county's intent to establish a schedule to review municipal comprehensive emergency management plans. This notice shall also advise the municipalities, in general terms, of the applicable plan requirements. Each municipality must respond to this notice and advise the county of the existence of a municipal comprehensive emergency plan or program. Each municipality shall also provide a copy of this response to the Division. If any municipality creates a comprehensive emergency management plan or program subsequent to this initial notice, it must advise the county emergency management director and the Division in writing, and request that the municipality be included in the county's plan review schedule.
(4) The County Emergency Management Agency shall provide the municipal emergency program with the results of its review and its finding as to the compliance of the municipal comprehensive emergency management plan within 60 days of completion of its initial review. If the county emergency management agency determines that the municipal comprehensive emergency management plan complies with the requirements of this rule chapter and Rule Chapter 9G-7, F.A.C., it shall issue a notice of compliance to the municipal emergency management program and to the Division.
(5) When the county emergency management agency determines that a municipal comprehensive emergency management plan is not in compliance with the requirements of this rule chapter and Rule Chapter 9G-7, F.A.C., it shall issue a notice of non-compliance specifically stating the reasons for non-compliance. Upon receipt of a notice of non-compliance, the municipal emergency program shall, within 60 days, revise its plan, notify the county emergency management agency and make the revised information available for review by the county emergency management agency.
(6) If the county is unable, for any reason, to provide notice to the municipality regarding the results of its review within 60 days, it will forward a notice to the municipal emergency management program stating its intent to extend the review period for the specifically identified time necessary to provide notice.
Specific Authority 252.35 (2) (u) F.S. Law Implemented 252.35(1),(2)(a),(b),(c),(d),(k),(v) 252.38(1)(2) F.S. History--New .
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