reglab/statecodes huggingface dataset:
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 27N-1.200 - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 377.804(3),
					 377.806(7),
					 220.192(3) FS.
					 Law Implemented  377.802,
					  377.804,
					  377.806,
					  220.192 FS.
New 10-22-07, Formerly
					  62-16.200, Transferred to
					  5O-1.002.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 27N-1.300 - Renewable Energy Technologies Grants Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 377.804(3) FS.
					 Law Implemented 377.802,
					 377.804
					 FS.
New 10-22-07, Formerly
					  62-16.300, Transferred to
					  5O-1.003.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 27N-1.500 - Solar Energy Systems Incentives Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 377.806(7) FS.
					 Law Implemented 377.801,
					 377.802,
					 377.803,
					 377.806
					 FS.
New 10-22-07, Formerly
					  62-16.500, Transferred to
					  5O-1.004.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 27N-1.600 - Renewable Energy Technologies Investment Tax Credit (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.192(3) FS.
					 Law Implemented 220.192
					 FS.
New 10-22-07, Formerly
					  62-16.600, Transferred to
					  5O-1.005.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 27N-1.900 - Forms (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.192(3),
					  377.804 (3),
					  377.806 (7) FS.
					 Law Implemented 377.804,
					 377.806,
					  220.192 FS.
New 10-22-07, Formerly
					  62-16.900, Transferred to
					  5O-1.006.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27N - Florida Energy and Climate Commission › Chapter 27N-3 - STATE ENERGY EFFICIENT APPLIANCE REBATE PROGRAM › Section 27N-3.001 - State ENERGY STAR Appliance Rebate Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 377.807 FS. Law Implemented
					 377.807
					 FS.
New 3-11-10, Transferred to
					  5O-1.007.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.001 - Direct-Support Organization Functions, Bylaws and Services Contract

Current through Reg. 50, No. 138; July 16, 2024
(1) An organization may request approval of
				the Commission to become a DSO. The requesting organization must fulfill the
				requirements of Section
				 14.29, F.S.
(2) In order to be considered for
				certification as a DSO, an organization must fulfill the requirements of
				Section  14.29, F.S., and must have
				Articles of Incorporation and Bylaws that together provide that the:
(a) DSO is organized and operated exclusively
				to support or benefit the Commission.
(b) Bylaws shall describe the operating
				procedures and specific individual responsibilities of the DSO's governing
				board, committees, and officers of the organization.
(c) DSO governing board shall consist of not
				less than nine members and not more than fifteen members each serving a term of
				three years.
(d) Members of the
				DSO's governing board shall be appointed by the Commission; a minimum of two
				members of the Commission, appointed by the Commission Chairman, shall serve on
				the DSO's governing board as voting members; a minimum of one Commission member
				shall serve on the executive board of the DSO governing board.
(e) Director of the DSO shall be selected by
				the DSO's governing board subject to approval of the Commission; the director
				of the DSO shall be a direct report to the Commission or a designee reporting
				directly to the Commission.
(f) DSO
				shall conduct its business in full compliance with Florida Statutes and
				regulations including the Florida Sunshine Law, Public Records Law, and
				applicable Florida Administrative Code (FAC) Administrative
				Rules.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.002 - Governance

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commission shall annually review and
				approve all programs administered by the DSO. The Commission shall evaluate and
				approve all new programs prior to any informal commitment, formal contract or
				other legal commitment.
(2) The DSO
				governing board shall meet quarterly which may include
				telephonically.
(3) The DSO shall
				provide to the Commission minutes and supporting documents from all governing
				board meetings, executive board meetings, committee meetings and advisory board
				meetings within 30 days of the meetings.
Rulemaking Authority
					 14.29(10),
					 14.29(13) FS.
					 Law Implemented 14.29
					 FS.
New 10-25-09.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.003 - Disposition of Funds

Current through Reg. 50, No. 138; July 16, 2024
If the Commission determines that the DSO is no longer
				  complying with the Services Contract and in a manner consistent with the goals
				  and purposes of the Commission and in the best interest of the state, the
				  Commission may decertify the DSO and thereafter the organization may not use
				  the name of or any trademarked names of the Commission. Decertification shall
				  include a plan for disposition of the DSO's assets and liabilities in
				  accordance with Section
				   14.29(10)(d),
				  F.S.
Rulemaking Authority
					 14.29(10),
					 14.29(13) FS.
					 Law Implemented 14.29
					 FS.
New 10-25-09.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.004 - Budget

Current through Reg. 50, No. 138; July 16, 2024
(1) The DSO shall have the authority to amend
				its budget. Budget amendment requests for more than 10% of the total amount of
				the annual budget or more than $50, 000 shall require the approval of the DSO's
				governing board and the Commission.
(2) The DSO shall provide for an annual audit
				in accordance with Section
				 215.981, F.S., which shall be
				submitted to the Commission for review and approval.
(3) The DSO shall provide for compliance
				and/or operational audits when directed by the Commission; the scope of audit
				shall be approved by the Commission or designee.
(4) The DSO shall prepare and submit to the
				Commission monthly expense reports.
(5) The DSO shall prepare and submit to the
				Commission quarterly expenditure plans that separately delineate planned
				actions which represent a significant commitment of the resources of the DSO,
				including:
(a) Major fund raising events,
				grants, and campaigns and their purpose.
(b) Other major commitments of the resources
				of the organization.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.005 - Use of Commission Property and Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) The DSO may lease office space from the
				Florida Department of Management Services or another entity. The lease
				agreement shall be between the DSO and the lessor. Payment for leased space is
				the responsibility of the DSO.
(2)
				The Commission and the DSO may share facilities. The DSO's use of the
				Commission's facilities and vice versa shall be with the approval of the
				organization holding the lease on said space.
Rulemaking Authority
					 14.29(10),
					 14.29(13) FS.
					 Law Implemented 14.29
					 FS.
New 10-25-09.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27O - Commission on Community Service › Chapter 27O-1 - DIRECT SUPPORT ORGANIZATION › Section 27O-1.006 - Use of Personal Services

Current through Reg. 50, No. 138; July 16, 2024
The Commission and the DSO may share personal services.
				  Personnel sharing costs shall be in compliance with funding sources and a
				  written personnel sharing agreement.
Rulemaking Authority
					 14.29(10),
					 14.29(13) FS.
					 Law Implemented 14.29
					 FS.
New 10-25-09.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-2 - COMPREHENSIVE EMERGENCY MANAGEMENT PLAN › Section 27P-2.002 - State Comprehensive Emergency Management Plan Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The Division hereby adopts and
				incorporates by reference into this Chapter the State Comprehensive Emergency
				Management Plan (2022 Edition),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15384
.
(2) The State Comprehensive Emergency
				Management Plan shall be the master operations document for the State of
				Florida in responding to all emergencies, and all catastrophic, major, and
				minor disasters.
(3) The State
				Comprehensive Emergency Management Plan can be obtained at the Florida Division
				of Emergency management's address, 2555 Shumard Oak Blvd., Tallahassee, FL
				32399, or by clicking on the following hyperlink (
http://www.floridadisaster.org/cemp.htm
).
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(2)(a)
					 FS.
New 1-4-01, Amended 7-8-02, 8-4-04, 6-2-10, Formerly
					  9G-2.002, Amended 7-18-13,
					 8-10-15, 1-26-20, 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-6 - REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS › Section 27P-6.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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 Executive Office of the
				Governor.
(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.
(7) "Local Emergency
				Management Plans" refer to the County Comprehensive Emergency Management Plans
				and the Municipal Comprehensive Emergency Management Plans.
(8) "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) "County Emergency Management Program"
				means the emergency management program authorized and mandated by Chapter 252,
				F.S., to be created by each legally constituted county in the
				state.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(1), (2)(a), (b), (c),
					 (d),
					 252.38(1)
					 FS.
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
					 7-18-13.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-6 - REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS › Section 27P-6.0025 - The County Radiological Emergency Plan for Nuclear Power Plants

Current through Reg. 50, No. 138; July 16, 2024
This county plan shall provide a detailed description of the
				  process to be used to protect the public from the potential health effects
				  associated with a radiological emergency at a commercial nuclear power plant.
				  Only those counties within a 50 mile radius of a commercial nuclear power plant
				  are required to develop this plan. This plan shall be developed with direct
				  assistance from the Division and shall be incorporated into the appropriate
				  site plan contained in Annex A of the State Plan. This plan shall comply with
				  the Criteria for Preparation and Evaluation of Radiological Emergency Response
				  Plans and Preparedness in Support of Nuclear Power Plants (NUREG-06541 FEMA
				  REP-1 Rev. 1) . These criteria are available from the Division and may be
				  obtained by writing the Division at 2555 Shumard Oak Boulevard, Tallahassee,
				  Florida 32399. This plan or annex shall be submitted to the Federal Emergency
				  Management Agency for review and approval.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(1), (2)(a), (b), (c),
					 (d),
					 252.60
					 FS.
New 2-11-01, Formerly
					  9G-6.0025.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-6 - REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS › Section 27P-6.006 - County Comprehensive Emergency Management Plans - Review by Division

Current through Reg. 50, No. 138; July 16, 2024
(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 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. Within 60 days of receipt of this notification the county
				shall provide to the Division a copy of the plan to be reviewed with a copy of
				the completed compliance criteria. 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 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
				notification by the Division specifically stating the reasons the plan does not
				meet the criteria. Upon receipt of the notification by the Division, the county
				shall either:
(a) Revise its plan by the date
				agreed upon by the Division and the county and make the changes available to
				the Division for review by the date agreed upon by the Division and the county;
				or
(b) Develop 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, F.S., request an
				administrative proceeding regarding the Division's withholding of a notice of
				non-compliance within 21 days of receipt of the
				determination.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-6 - REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS › Section 27P-6.0095 - Municipal Comprehensive Emergency Management Plans

Current through Reg. 50, No. 138; July 16, 2024
Municipal Comprehensive Emergency Management Plans must
				  comply with all the standards and requirements applicable to County
				  Comprehensive Emergency Management Plans. Municipal Comprehensive Emergency
				  Management Plans shall comply with the Local Comprehensive Emergency Plan
				  Compliance Criteria adopted by reference in subsection
				   27P-6.0023(7),
				  F.A.C. These criteria are available from the Division and shall be used in the
				  development and review of Municipal Comprehensive Emergency Management Plans.
				  Municipal Comprehensive Emergency Management Plans are encouraged to follow the
				  suggested format for County Comprehensive Emergency Management Plans. Municipal
				  emergency management programs are not required to duplicate the suggested
				  format, but should conform to it as closely as possible.
Rulemaking Authority
					 252.35(2)(b),
					 (x) FS. Law Implemented
					 252.35(1), (2)(a), (b), (c),
					 (d),
					 252.38(2)
					 FS.
New 2-11-01, Formerly
					  9G-6.0095.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-11 - FUNDING FORMULA › Section 27P-11.004 - Prerequisites

Current through Reg. 50, No. 138; July 16, 2024
No application for matching funding will be considered unless
				  an applying county complies with each of the following requirements:
(1) Counties with populations of 75, 000 or
				more must have a full time emergency management director. Counties with
				populations of less than 75, 000 or party to an interjurisdictional emergency
				management agreement entered into pursuant to Section
				 252.38(3)(b),
				F.S., 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. "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.
(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 of that county and a
				proposed budget.
Rulemaking Authority
					 252.35(2)(x),
					 252.373(2) FS.
					 Law Implemented 252.373
					 FS.
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
					 7-18-13.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-11 - FUNDING FORMULA › Section 27P-11.0061 - Funding

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible County Emergency Management
				Agencies in the state shall be collectively allocated 40% of total Federal
				Emergency Management Agency (FEMA) Emergency Management Performance Grant
				(EMPG) funding provided to the Division of Emergency Management each year. This
				funding shall be distributed to the counties in the following manner: each
				County shall receive a base amount of fifty percent of the overall allocation,
				equally distributed to each county. The remaining funds shall be distributed in
				an amount commensurate with each county's proportionate share of the state's
				total population, based on the most recent official University of Florida
				Bureau of Economic and Business Research's population estimates; unless reduced
				as outlined in subsection
				 27P-11.0061(4),
				F.A.C.
(2) Federal funds shall be
				used by the county for planning, organization, equipment, training, exercise.
				and management and administration expenses. Each county must be able to provide
				a non-federal cost share for federal funds on a dollar for dollar
				basis.
(3) Federal funds received
				pursuant to  27P-11.0061(1),
				F.A.C. shall be provided to the counties through an agreement with a 1-year
				performance period, unless extended due to extenuating circumstances,
				consistent with the counties fiscal year. Any unspent funds, at the end of the
				performance period shall be forfeited by the county and reallocated pursuant to
				subsection  27P-11.0061(5),
				F.A.C.
(4) Should a county forfeit
				funds as described in subsection
				 27P-11.0061(3),
				F.A.C. in an amount greater than $1, 000, the following year's allocation shall
				be reduced by an amount equal to 50% of the forfeited funds. However, this
				reduction shall not reduce their, F.A.C. allocation below the base amount
				described in subsection
				 27P-11.0061(1),
				F.A.C.
(5) The end of the
				performance period outlined in subsection
				 27P-11.0061(3),
				any forfeited funds or funds made available by the reduction outlined in
				subsection  27P-11.0061(4),
				F.A.C. shall be distributed in an open and equitable manner, to those County
				Emergency Management Agencies that have projects able to be completed within a
				six-month performance period.
Rulemaking Authority
					 252.35(2)(y),
					 252.373(2) FS.
					 Law Implemented 252.373
					 FS.
New 10-1-84, Formerly 9G-11.061, Amended 9-18-96, Formerly
					  9G-11.0061, Amended 7-18-13,
					 10-12-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.003 - Annual Registration Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				owner of operator of a facility required by s. 302 or 312 of EPCRA or Section
				 252.87, F.S., to submit a
				notification or an annual inventory form to the Commission for any calendar
				year shall be required to pay an annual registration fee based on the total
				number of employees as provided in this subsection.
(2) The registration fee shall be due on
				March 1 of each year during which one or more facilities became or remained
				subject to the requirements of this section.
(3) For any facility owner or operator
				regulated under Chapters 368 and 527 or Section
				 376.303, F.S., which does not
				have present any extremely hazardous substance, as defined by EPCRA, equal to
				or in excess of the applicable threshold planning quantity established pursuant
				to EPCRA, the amount of the registration fee shall be $2.50 for each employee
				employed within the State by such facility owner or operator, but shall be not
				less than $25.00 nor more than $500.00 per year.
(4) For any owner or operator of an
				agricultural facility, the amount of the registration fee for any company shall
				be $10.00 for each agricultural employee employed within the state by such
				facility owner or operator, but shall not be less than $25.00 nor more than $2,
				000.00 per year. For any owner or operator of a facility with a Standard
				Industrial Classification code of 01, 02, or 07, which is eligible for the
				routine agricultural use exemption provided under EPCRA, Section 311(e), the
				amount of the fee shall be $10.00 for each employee employed within the state
				by such facility owner or operator, but shall not be less than $25.00 nor more
				than $1, 000.00 per year.
(5) For
				all other facilities the amount of the registration fee shall be $10.00 for
				each employee employed within the State by such facility owner or operator, but
				shall be not less than $25.00 nor more than $2, 000.00 per year.
(6) Governmental bodies as defined in Section
				 252.87, F.S., are exempt from
				the annual registration fee.
Rulemaking Authority
					 252.35(2)(x),
					 252.83(1),
					  252.85 (5) FS.
					 Law Implemented 252.85,
					  252.87 FS.
New 11-24-88, Amended 12-31-92, 2-26-97, Formerly
					  9G-14.003.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.004 - Filing Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) Any owner or
				operator of a facility, including any government body as defined by Section
				 252.87, F.S., who has notified
				or is required to notify the Commission pursuant to s. 302(c) of EPCRA that the
				facility owner or operator is subject to the requirements of subchapter I of
				EPCRA shall be required to pay a one time filing fee of $50.00 per facility as
				provided by subsection
				 252.85(2),
				F.S.
(2) Such fee shall be due at
				the same time the notification is due. Any change in the identity of the
				owner/operator shall require a new notification and filing fee.
(3) An owner or operator of a facility who
				gives the notice required by s. 302(c) of EPCRA for more than one facility
				shall pay the filing fee for each facility, regardless of whether more than one
				notification is given.
(4) Any
				owner or operator of a facility with a Standard Industrial Classification code
				of 01, 02, or 07 subject to the notification or annual inventory form
				requirement solely because of the presence of EPCRA listed substances in
				temporary or portable storage units located at the facility for less than 48
				consecutive hours shall not be required to pay a one-time filing fee of
				$50.
Rulemaking Authority
					 252.35(2)(x),
					 252.83(1) FS.
					 Law Implemented 252.85
					 FS.
New 11-24-88, Amended 12-31-92, 2-26-97, Formerly
					  9G-14.004.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.0045 - Section 313 Toxic Chemical Release Inventory Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) An owner or operator of one or more
				facilities who is required to submit a United States Environmental Protection
				Agency Toxic Chemical Release Inventory Form-R report or alternate threshold
				Form-A filing to the Commission under s. 313 of EPCRA shall be required to pay
				an annual reporting fee of $150.00 per Toxic Chemical Release Inventory Form-R
				report and $75 per chemical listed on each Form-A alternate threshold filing
				for each s. 313 listed EPCRA substances on the Environmental Protection
				Agency's list, using the Toxic Release Inventory Tri Fee document (Form Number
				HMP-08-00)(effective January 1, 2021). This form is available at no charge from
				the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak
				Boulevard, Tallahassee, Florida 32399.
(2) Such fee shall be due on July 1 of each
				year.
Rulemaking Authority
					 252.35(2)(y),
					 252.83(1) FS.
					 Law Implemented 252.85
					 FS.
New 12-31-92, Amended 2-26-97, 12-20-98, 1-3-01, 3-13-06,
					 Formerly  9G-14.0045, Amended
					 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.005 - Late Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to any
				registration, filing fee or Toxic Chemical Release Inventory fee required by
				Section  252.85, F.S., the Division shall
				add a late fee as provided in this section for the following:
(a) Each failure to file a report or filing
				that substantially complies with the requirements of EPCRA or Section
				 252.85, F.S., by the required
				due date; or
(b) Each failure to
				pay any fee required by Section
				 252.85, F.S.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.006 - Approved Forms

Current through Reg. 50, No. 138; July 16, 2024
The following forms are adopted by reference. These forms are
				  available at no charge from the Division of Emergency Management, Bureau of
				  Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399.
EFFECTIVE
FORM NO.
SUBJECT
DATE
HMP-01-98
Florida State Emergency Response Commission (SERC)
							 Section 302 - Emergency Planning Notification and Fee Form, Revised
							 9-1-21
http://www.flrules.org/Gateway/reference.asp?No=Ref-15385
1-1-21
HMP-02-00
Florida State Emergency Response Commission (SERC)
							 Consolidated Annual Registration Form, Revised 9-1-21
http://www.flrules.org/Gateway/reference.asp?No=Ref-15386
1-1-21
HMP-05-00
Florida State Emergency Response Commision (SERC)
							 Consolidated Annual Registration Form, Revised 9-1-21
http://www.flrules.org/Gateway/reference.asp?No=Ref-15387
1-1-21
HMP-08-00
Florida State Emergency Response Commission (SERC)
							 Toxic Release Inventory TRI Fee, Revised 9-1-21
http://www.flrules.org/Gateway/reference.asp?No=Ref-15388
1-1-21
DFS-AA-4
State of Florida, Department of Financial Services,
							 Application for Refund, Revised 2-1-07
http://www.flrules.org/Gateway/reference.asp?No=Ref-15389
2-1-07
Rulemaking Authority
					 252.35(2)(y),
					 252.83(1) FS.
					 Law Implemented 120.53,
					 252.85
					 FS.
New 11-28-90, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98,
					 1-3-01, 3-13-06, Formerly
					  9G-14.006, Amended
					 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.007 - Refunds

Current through Reg. 50, No. 138; July 16, 2024
Any owner or operator of a facility may request a refund for
				  overpayment of fees or for fees paid in error. In order to request a refund,
				  the owner or operator of a facility must complete a Refund Application Form
				  (DFS-AA-4)(effective February 1, 2007), hereby incorporated by reference, and
				  submit it to the Commission. Refunds will be processed only after the request
				  has been verified and approved by the Division, all facility reports required
				  pursuant to EPCRA have been filed, and completed accurately, for all required
				  years, and with all required recipients. Applications for refunds must be filed
				  within three (3) years of the date of payment or else the right to a refund
				  shall be barred.
Rulemaking Authority
					 252.83(1) FS.
					 Law Implemented 252.85
					 FS.
New 6-1-95, Amended 1-3-01, Formerly
					  9G-14.007, Amended
					 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.008 - Filings; Amended Filings; Electronic Transmission

Current through Reg. 50, No. 138; July 16, 2024
(1) Filings with the Division shall be
				complete and accurate when filed. The filing entity is responsible for any
				required information omitted from a required filing. The Division's rejection
				of a filing for failure to include required information shall comply with
				subsection  27P-14.005(2),
				F.A.C.
(2) Supplemental filings, or
				amendments to existing filings, shall not be permitted absent accompanying
				written explanation by the amending entity. Supplemental filings or amendments
				to remedy incorrect information are authorized provided that the information
				initially submitted is shown to have been indisputably incorrect. Supplemental
				filings or amendments are authorized in order to add omitted information,
				correct misspellings, correct figures and numbers, or remedy incorrect
				terminology. Supplemental filings or amendments solely for the purpose of
				reducing the fee owed shall not be permitted. Supplemental filings or
				amendments solely for the purpose of substituting the owner for the operator,
				or the operator for the owner, shall not be permitted.
(3) Any supplemental filings or amendments
				shall identify the particular filings to be supplemented or amended, shall be
				accompanied by the required written explanation, shall demonstrate that copies
				have been supplied to all other required recipients, and shall be accompanied
				by any fees or late fees owed.
(4)
				Annual inventory reports required under EPCRA s. 312 and 324, shall be
				submitted by electronic transmission to the State Emergency Response
				Commission. The format must be consistent with electronic transmission software
				provided by the SERC. While required by federal law, the manner of execution
				should be accomplished through the use of a certification statement using
				electronic reporting approved by the SERC. The method of electronic
				transmission will be accomplished by the Division providing the electronic
				software including instructions to facility owners/operators via the Internet
				or, upon request, other available electronic means. Facility owners/operators
				must return completed electronic annual chemical inventory reports to the SERC
				within established deadlines.
Rulemaking Authority
					 252.35(2)(y),
					 252.83(1) FS.
					 Law Implemented 120.53,
					 252.83,
					 252.85
					 FS.
New 6-1-95, Amended 1-3-01, Formerly
					  9G-14.008, Amended
					 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.009 - Notification of Change in Owner/Operator Status

Current through Reg. 50, No. 138; July 16, 2024
The facility owner or operator shall promptly inform the
				  Commission and the Committee of any changes in information necessary for
				  developing and implementing the emergency plan, and any changes in information
				  included on filings with the Commission or Committee, as such changes occur or
				  are expected to occur. In the event that the ownership of the facility changes,
				  the successor entity shall submit supplemental filings to the Commission,
				  Committee and fire department, identifying the successor entity and that the
				  filings are being made due to a change in ownership.
Rulemaking Authority
					 120.53,
					 252.35(2)(x),
					  252.83 (1) FS.
					 Law Implemented 252.83,
					  252.85 FS.
New 6-1-95, Formerly
					  9G-14.009.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.010 - EPCRA Public Information Requests; Inspection and Copies

Current through Reg. 50, No. 138; July 16, 2024
Requests for inspection and copying of any EPCRA
				  records that are open to the public may be directed to
				  DEMPublicRecords@em.myflorida.com or to the Commission, c/o the Division of
				  Emergency Management at 2555 Shumard Oak Boulevard, Tallahassee, Florida
				  32399-2149. For further information, please see
https://www.floridadisaster.org/hazmat
.
(1) There will be a charge of $0.15 per page
				for standard legal or letter size copies, or if special equipment or paper is
				required, the RPC or the Division shall charge the estimated actual cost of
				materials and supplies.
(2) In
				addition to the actual cost of materials and supplies, a special service charge
				will be assessed for providing information when the nature or volume of the
				records requested requires extensive clerical or supervisory assistance by RPC
				or Division personnel. For the purpose of this rule, "extensive" means that it
				will take more than 15 minutes to locate, review for confidential information,
				copy and refile the requested material and any request for EPCRA records which
				are not currently in the custody of the Committee or the Division, and which
				must be requested from the facility. The special service charge will be
				computed to the nearest quarter of an hour exceeding 15 minutes based on the
				current rate of pay for the pay grade of the person who performed the service,
				and will be assessed when appropriate regardless of the number of individual
				copies made. The RPC or the Division shall add a charge for mailing the
				requested records when the postal service charge exceeds the cost of mailing a
				one ounce first class standard size letter.
(3) Payment of costs assessed in subsection
				(2) or (3) must be received before copies will be provided.
(4) Pursuant to Section
				 252.88(4),
				F.S., a fee of $1 per page shall be assessed for copies of 25 or more pages of
				EPCRA documents.
Rulemaking Authority
					 252.35(2)(y),
					 252.83(1) FS.
					 Law Implemented 119.07(1),
					 120.53,
					 252.83,
					 252.88
					 FS.
New 6-1-95, Amended 2-26-97, 1-3-01, 3-13-06, Formerly
					  9G-14.010, Amended
					 6-4-23.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-14 - HAZARDOUS MATERIALS › Section 27P-14.011 - Hazardous Substance and Extremely Hazardous Substance Release Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) Any facility required by
				42 USC
				11004(a) to immediately
				report the release of a hazardous substance or extremely hazardous substance to
				the Commission shall provide said notification to the State Watch Office,
				telephone number (850) 413-9911 or 1(800) 320-0519.
(2) Any facility required by
				42 USC
				11004(c) to provide a
				written follow-up emergency notice to the Commission and a Committee shall
				submit said written follow-up report as soon as practicable to the Community
				Emergency Coordinator for the Committee as designated in the Committee plan, at
				the Committee mailing address, and to the Commission. The written follow-up
				emergency notice shall include all information required by
				42 USC
				11004(c).
Rulemaking Authority
					 120.53,
					  252.35 (2)(x),
					 252.83(1) FS.
					 Law Implemented 252.35,
					  252.83 FS.
New 6-1-95, Amended 2-26-97, 1-3-01, Formerly
					  9G-14.011.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-19 - BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE › Section 27P-19.003 - Limitations

Current through Reg. 50, No. 138; July 16, 2024
(1) The amount and availability of funds in
				the Trust Fund for allocation each year is subject to an annual appropriation
				by the Legislature.
(2) The amount
				of funds available pursuant to this rule chapter may be adjusted proportionally
				when necessary to meet any matching requirements imposed as a condition of
				receiving federal disaster relief assistance or planning funds. In the event
				the need arises to proportionally adjust the funds available pursuant to this
				rule chapter, the Division shall provide notice, as soon as practicable, to all
				affected entities, of the need to implement the proportional adjustment.
				Thereafter, each affected entity shall cease expenditures of funds as necessary
				to meet the proportional adjustment. If authorized by the Legislature, and in
				the event that funds are available from receipts to the Trust Fund, the
				Division shall provide funds, up to the amount reduced by the previous
				proportional adjustment, to those entities whose funding was decreased by a
				previous proportional adjustment.
(3) Funds received from the Emergency
				Management, Preparedness, and Assistance Trust Fund may not be used to supplant
				existing funding, nor shall funds from one program under the Trust Fund be used
				to match funds received from another program under the Trust Fund.
(4) All percentages used in this rule are to
				be applied to the amount appropriated after the deletion of any service charges
				applied to the Trust Fund.
(5) As
				relates to the competitive grant programs only, no more than 5 percent of any
				award made pursuant to this rule may be used for administrative
				expenses.
(6) An applicant that is
				not in compliance with the terms of a prior award shall not be eligible for
				additional awards until the issue or issues that are not in compliance are
				brought into compliance with the terms of the prior award.
Rulemaking Authority
					 252.35(2)(x),
					 252.373 FS. Law Implemented
					 252.35,
					 252.373,
					 252.38
					 FS.
New 1-12-94, Amended 11-13-96, 1-3-06, Formerly
					  9G-19.003.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-19 - BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE › Section 27P-19.004 - Base Grant Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) To be eligible
				to receive the Base Grant, each County Emergency Management Agency shall
				annually certify their commitment to employ and maintain either a Full-time
				Director or Part-time Coordinator consistent with subsections
				 27P-19.005(4) and
				(5), F.A.C.
(2) Counties with population of 75, 000 or
				more shall have a Full-time Director in order to qualify for an
				allocation.
(3) Counties with a
				population less than 75, 000, or which are parties to an inter-jurisdictional
				emergency management agreement entered into pursuant to Section
				 252.38(3)(b),
				F.S., shall have an emergency management coordinator who works at least 20
				hours a week in that capacity or a Full-time Director in order to qualify for
				an allocation.
Rulemaking Authority
					 252.35(2)(x),
					 252.373 FS. Law Implemented
					 252.35,
					 252.373,
					 252.38
					 FS.
New 1-12-94, Amended 6-21-95, 11-13-96, 10-11-00, Formerly
					  9G-19.004, Amended
					 7-18-13.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-19 - BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE › Section 27P-19.005 - Base Grant Distribution Formula

Current through Reg. 50, No. 138; July 16, 2024
(1) Base
				Grants shall be awarded to a county for the use and benefit of the County
				Emergency Management Agency.
(2)
				Funds shall be allocated to implement and administer county emergency
				management programs including management and administration, training, and
				operations. All allocations shall be subject to any pertinent Legislative
				appropriation.
(3) Base grant
				monies may be designated and retained by the Division in order to cover the
				operational costs associated with each of the county connections for the
				statewide communications system as administered and coordinated by the
				Division. For each county, this amount shall not exceed the individual cost of
				the county's communication link. These funds will be identified and withheld
				following the base grant allocations. The amount of funds so retained by the
				Division shall be identified to each County Emergency Management
				Agency.
(4) Each County Emergency
				Management Agency with a Full-time Director shall receive a base grant
				allocation based on the amount available in subsection
				 27P-19.005(2),
				F.A.C., divided by 67, minus the amount determined for each county in
				subsection  27P-19.005(3),
				F.A.C.
(5) Each County Emergency
				Management Agency with a Part-time coordinator shall receive a base grant
				allocation based on the amount available in subsection
				 27P-19.005(2),
				F.A.C., divided by 67, multiplied by 65 percent, and minus the amount
				determined for each county in subsection
				 27P-19.005(3),
				F.A.C.
(6) All base grant
				allocations shall be made contingent upon the County's commitment to, and
				accomplishment of, a scope of work identified by the Division each year. Said
				commitment shall be embodied in a written grant agreement executed between the
				County and the Division. The agreement shall provide for reimbursement of costs
				up to the fixed amount of the award. Failure to agree to, execute or comply
				with the terms of the grant agreement shall constitute
				noncompliance.
Rulemaking Authority
					 252.35(2)(x),
					 252.373 FS. Law Implemented
					 216.052,
					 252.35,
					 252.373,
					 252.38
					 FS.
New 1-12-94, Amended 6-21-95, 1-3-06, Formerly
					  9G-19.005.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-19 - BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE › Section 27P-19.006 - Reallocation of Base Grant Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) Those
				funds available in subsection
				 27P-19.005(2),
				F.A.C., not allocated under subsections
				 27P-19.005(4) and
				(5), F.A.C., shall be identified by the
				Division prior to October 1 of each year for reallocation to County Emergency
				Management Agencies.
(2) 25 percent
				of those funds identified in subsection
				 27P-19.006(1),
				F.A.C., shall be divided equally among counties participating in the Statewide
				Mutual Aid Agreement as of January 1 of each year. Such Mutual Aid Agreements
				shall be submitted to and approved by the Division.
(3) 75 percent of those funds identified in
				subsection  27P-19.006(1),
				F.A.C., shall be divided proportionally among participating County Emergency
				Management Agencies based upon county population.
(4) Should any Base Grant funds which were
				originally allocated under subsections
				 27P-19.005(4) and
				(5), F.A.C., remain unspent after the annual
				closeout of each Base Grant award, they may be redistributed to the counties
				which spent all of that year's award plus carried forward amounts, if any, from
				the previous year's award. For purposes of this rule, any county which reverts
				$250.00 or less will be considered to have spent all of its award. Also, for
				purposes of this rule, amounts approved by the Division for carry forward from
				the award year being redistributed, into the next award year, will be
				considered to have been spent. The funds identified for this redistribution
				will be reallocated by the Division in accordance with subsections (2) and (3)
				of this rule; 25% based on mutual aid participation and 75% based on
				population. Redistributed funds will be made available to eligible counties as
				soon as possible after Division closeout activities have been completed. The
				minimum total reversion amount set as a threshold to initiate this
				redistribution process is an amount equal to one (1) percent of the total
				initial allocation for the year being redistributed.
Rulemaking Authority
					 252.35(2)(x),
					 252.373 FS. Law Implemented
					 252.35,
					 252.373,
					 252.38
					 FS.
New 1-12-94, Amended 11-13-96, 11-10-97, Formerly
					  9G-19.006, Amended
					 7-18-13.